Supreme Court Quarterly Digest Jan - Mar, 2019

Abkari Act (Kerala) - Ss. 8 (2) & 63 - Possession of 4.5 litres of arrack in a plastic can and 3.750 litres of Indian Made Foreign Liquor - the interest of justice would be met if the imprisonment is reduced to the period, already undergone by the accused. Abhay Manohar Sapre & R. Subhash Reddy, JJ. Lalichan v. State of Kerala, JT 2019 (1) SC 195 : 2019 (1) Scale 211 Crl.A. No. 22 of 2019 07-01-2019

Administrative Law - Haj Policy - Registration - Eligibility - Policy decisions of the Executive are best left to it and a court cannot be propelled into the unchartered ocean of Government policy. Public authorities must have liberty and freedom in framing the policies. It is well accepted principle that in complex social, economic and commercial matters, decisions have to be taken by governmental authorities keeping in view several factors and it is not possible for the courts to consider competing claims and to conclude which way the balance tilts. Courts are illequipped to substitute their decisions. It is not within the realm of the courts to go into the issue as to whether there could have been a better policy and on that parameters direct the Executive to formulate, change, vary and/or modify the policy which appears better to the court. Such an exercise is impermissible in policy matters. The scope of judicial review is very limited in such matters. It is only when a particular policy decision is found to be against a statute or it offends any of the provisions of the Constitution or it is manifestly arbitrary, capricious or mala fide, the court would interfere with such policy decisions. A.K. Sikri, S. Abdul Nazeer & M.R. Shah, JJ. Federation Haj Ptos of India v. Union of India, 2019 (2) Scale 460 W.P. (C) No. 4 of 2019 04-02-2019

Administrative Tribunals Act, 1985 - Ss. 5, 24 & 25 - Whether the Chairman of the Tribunal, sitting singly and exercising his power under Section 25 of the Act, to transfer proceedings from one Bench to another, could have stayed proceedings before a two member Bench and rendered interim orders passed by that Bench inoperative. R. Banumathi & Indira Banerjee, JJ. All India Institute of Medical Sciences v. Sanjiv Chatrvedi, 2019 (2) Scale 403 C.A. No. 1392 of 2019 01-02-2019

Advocates Act, 1961 - S. 26 - Enrolment in the Bar Council - Suppression - Government Service - Involvement in a Criminal Case - Subsequent acquittal cannot come to the rescue - Bar Council of India to remove the name of a person who entered on the Roll of Advocates by misrepresentation - Confirmed by Apex Court - Repeated attempts later amount to an abuse of process. L. Nageswara Rao & M.R. Shah, JJ. Anand Kumar Sharma v. Bar Council of India, JT 2019 (3) SC 119 : 2019 (4) Scale 56 C.A. No. 294 of 2007 01-03-2019

Advocates’ Act, 1961 - S. 34(1) - Autonomy of the Bar in the disciplinary matters cannot be taken over by the Courts. Arun Mishra & Navin Sinha, JJ. R. Muthukrishnan v. Registrar General of High Court of Judicature at Madras, 2019 (2) SCALE 263 W.P. (C) No. 612 of 2016 28-01-2019

Agricultural Produce Marketing (Regulation) Act, 1963 (Maharashtra) - S. 2(1)(a) - Interpretation of the term “Agricultural Produce” - “edible oil”, “Vanaspati” and “sugar” are agricultural produce within the meaning of Section 2(1) (a) of the Marketing Act. R. Banumathi & R. Subhash Reddy, JJ. Britannia Industries Ltd. v. Bombay Agricultural Produce Mkt., 2019 (2) SCALE 749 C.A. No. 1746 of 2010 24-01-2019

Air Force Act, 1950 - Premature Separation from Service (PSS) - The determination of the number of PSS applications that should be granted is based on a careful exercise of assessing the manpower requirements of the Air Force. D.Y. Chandrachud & Hemant Gupta, JJ. Union of India v. Wg. Cdr. Subrata Das (19942-H), 2019 (2) SCALE 385 C.A. No. 10953 of 2014 29-01-2019

Arbitration - Deterring a party to an arbitration from invoking this alternative dispute resolution process by a pre-deposit of 10% would discourage arbitration, contrary to the object of de-clogging the Court system, and would render the arbitral process ineffective and expensive. Rohinton Fali Nariman & Vineet Saran, JJ. Icomm Tele Ltd. v. Punjab State Wate Supply & Sewerage Board, JT 2019 (3) SC 334 : 2019 (4) Scale 549 C.A. No. 2713 of 2019 11-03-2019

Arbitration Act, 1940 - S. 15 - Power of Court to modify award. Ranjan Gogoi (CJI), Sanjay Kishan Kaul & K.M. Joseph, JJ. K. Marappan v. Superintending Engineer T.B.P.H.L.C. Circle Anantapur, C.A. No. 159 of 2010 27-03-2019

Arbitration and Conciliation Act, 1996 - Award - Jurisdiction - Power of the arbitral tribunal in granting pre-reference and/or pendente lite interest - Principles. A.K. Sikri, S. Abdul Nazeer & M.R. Shah, JJ. Jaiprakash Associates Ltd. (JAL) through its Director v. Tehri Hydro Development Corporation India Ltd. (THDC) Through Its Director, JT 2019 (2) SC 508 : 2019 (2) Scale 718 C.A. No. 1539 of 2019 07-02-2019

Arbitration and Conciliation Act, 1996 - Mere neglect of an arbitrator to act or delay in passing the award by itself cannot be the ground to appoint another arbitrator in deviation from the terms agreed to by the parties. R. Banumathi & Indira Banerjee, JJ. Rajasthan Small Industries Corportion Limited v. M/s Ganesh Containers Movers Syndicate, 2019 (1) SCALE 670 C.A. No. 1039 of 2019 23-01-2019

Arbitration and Conciliation Act, 1996 - S. 11(6) - Expressions such as – “pertaining to”, “in relation to” and “arising out of”, are used in the expansive sense, and must be construed accordingly. U.U. Lalit & Indu Malhotra, JJ. Giriraj Garg v. Coal India Ltd., AIR 2019 SC 1015 : JT 2019 (2) SC 535 : 2019 (4) Scale 406 C.A. No. 1695 of 2019 15-02-2019

Arbitration and Conciliation Act, 1996 - S. 34 - Both the Executing Court and the High Court completely erred and awarded compound interest in favour of the respondents when the award had stipulated it to be 7% per annum simplicitor. The Award did not even remotely suggest that such award of interest would be with a direction that interest be capitalized on yearly or quarterly basis. It was pure and simple award of interest @ 7% and could not be taken to be a direction to award compound interest. U.U. Lalit & D.Y. Chandrachud, JJ. Municipal Council Thanesar v. Viernder Kumar, 2019 (3) Scale 684 19-02-2019

Arbitration and Conciliation Act, 1996 - S. 34 - The Court does not sit in appeal over the arbitral award and may interfere on merits on the limited ground provided under Section 34(2)(b)(ii), i.e. if the award is against the public policy of India. Mohan M. Shantanagoudar & Vineet Saran, JJ. MMTC Ltd. v. Vedanta Ltd. 2019 (4) Scale 391 C.A. No. 1862 of 2014 18-02-2019

Arbitration and Conciliation Act, 1996 - S. 48 - Enforceability of the Foreign Awards - Scope of interference has been consciously constricted by the legislature in relation to the execution of foreign awards. A.M. Khanwilkar & Ajay Rastogi, JJ. Sri. Munisuvrata Agri International Ltd. v. Sleepwell Industries Co. Limited, S.L.P. (C) No. 5493 of 2019 20-02-2019

Arbitration and Conciliation Act, 1996 - Ss. 15 & 16 - Termination of mandate and substitution of arbitrator - Arbitrator’s relationship with the parties or counsel - The 1996 Act does not disqualify a former employee from acting as an arbitrator, provided that there are no justifiable doubts as to his independence and impartiality. The fact that the arbitrator was in the employment of the State of Haryana over 10 years ago, would make the allegation of bias clearly untenable. Abhay Manohar Sapre & Indu Malhotra, JJ. Government of Haryana Pwd Haryana (b And R) Branch v. M/s G. F. Toll Road Pvt. Ltd., 2019 (1) RCR (Civil) 525 : JT 2019 (1) SC 1 : 2019 (1) Scale 134 C.A. No. 27 of 2019 03-01-2019

Arbitration and Conciliation Act, 1996 - The High Court was not justified in appointing an independent arbitrator without resorting to the procedure for appointment of an arbitrator which has been prescribed under clause 64(3) of the contract under the inbuilt mechanism as agreed by the parties. A.M. Khanwilkar & Ajay Rastogi, JJ. Union of India v. Parmar Construction Company, C.A. No. 3303 of 2019 29-03-2019

Arbitration and Conciliation Act, 1996 - the scheme of Section 48 of the Act does not envisage piecemeal consideration of the issue of maintainability of the execution case concerning the foreign awards, in the first place; and then the issue of enforceability thereof. Whereas, keeping in mind the legislative intent of speedy disposal of arbitration proceedings and limited interference by the courts, the Court is expected to consider both these aspects simultaneously at the threshold. Taking any other view would result in encouraging successive and multiple round of proceedings for the execution of foreign awards. We cannot countenance such a situation keeping in mind the avowed object of the Arbitration and Conciliation Act, 1996, in particular, while dealing with the enforcement of foreign awards. A.M. Khanwilkar & Ajay Rastogi, JJ. LMJ International Ltd. v. Sleepwell Industries Co. Ltd., JT 2019 (2) SC 460 : 2019 (3) Scale 703 S.L.P. (C) No. 540 of 2018 20-02-2019

Armed Forces Tribunal Act, 2007 - Ss. 30 r/w. 31 - In terms of Section 31 of the Act, an appeal to this Court is maintainable with the leave of the Tribunal and such leave can be granted on the ground “that a point of law of general public importance” or “it appears to the Supreme Court that the point is one which ought to be considered by that Court”. The point on which this Court will exercise jurisdiction is a point of law of general public importance. D.Y. Chandrachud & Hemant Gupta, JJ. Ex. Lac Yogesh Pathania v. Union of India, JT 2019 (1) SC 109 : 2019 (1) Scale 254 C.A. No. 14214 of 2016 08-01-2019

Army Act, 1950 - the High Court was manifestly in error in entering upon an area which relates to the exercise of the disciplinary jurisdiction of the Army. D.Y. Chandrachud & Hemant Gupta, JJ. Union of India v. Lt. Colonel Dharmvir Singh, 2019 (4) Scale 559 C.A. No. 1714 of 2019 15-02-2019

Army Law - Provisions governing the appointment of Army Commanders - Discussed. D.Y. Chandrachud & Hemant Gupta, JJ. Lt. Gen. Ravi Dastane, Avsm, Vsm v. Union of India, Ministry of Defence, Through The Secretary, 2019 (4) Scale 39 C.A. No. 9721 of 2014 01-03-2019

Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 / 1980 - Ss. 9(3) (a) to (i) - Board of Directors consists of persons coming from different fields. There cannot, therefore, be a uniform qualification or/and disqualification for such persons. Indeed, the qualifications and disqualifications are bound to vary from category to category and would depend on the post, experience and the stream from where a person is being nominated as a Director. Moreover, the qualification and disqualification has to be seen prior to his/her becoming a Director and not after his/her appointment as a Director. Abhay Manohar Sapre & Indu Malhotra, JJ. Fed. of Bank of India Staff Unions v. Union of India, 2019 (4) Scale 50 C.A. No. 5570 of 2014 01-03-2019

Bihar Service Code - Rr. 282 & 283 - On fair reading of Rule 283(c) and Rule 283(e), it can be seen that it is permissible for the foreign service to pay something more than what the employees were getting in the parent department. Therefore, the interpretation on behalf of the Corporation on reading Rule 283 that the employee sent on deputation to a foreign service has to be paid the same salary/pay scale which he was getting in the parent department, cannot be accepted. Therefore, reliance placed on Rule 282 and 283 of the Bihar Service Code while passing the resolution dated 27.3.2012 was absolutely either misplaced and/or on misinterpretation and, therefore, the same is rightly set aside by the High Court. L. Nageswara Rao & M.R. Shah, JJ. Bihar State Beverages Corporation Ltd. v. Naresh Kumar Mishra, AIR 2019 SC 1051 : 2019 (1) JLJR 512 : 2019 (1) PLJR 584 : 2019 (2) Scale 509 C.A. No. 1468 of 2019 05-02-2019

Cable Television Network (Amendment) Rules, 2012 - R. 11C - Registration as multi­system operator - Grant of permission is subject to issue of security clearance from the Central Government. Since the grant of permission was subject to obtaining of the security clearance from the concerned Ministry, the competent authority was justified in cancelling the conditional permission for want of security clearance. Abhay Manohar Sapre & Indu Malhotra, JJ. Digi Cable Network (india) Pvt. Ltd. v. Union of India, AIR 2019 SC 455 : JT 2019 (1) SC 242 : 2019 (1) Scale 194 C.A. No. 120 of 2019 07-01-2019

Cantonment Act, 1924 - S. 60 - Jurisdiction and Authority of the Cantonment Board to impose and levy toll tax - Following the enactment of Cantonment Act, 2006 the Cantonment Board would be authorized to impose the levy as per Section 67(e) of the Cantonment Act, 2006. Ranjan Gogoi (CJI), Deepak Gupta & Sanjiv Khanna, JJ. Cantonment Board v. Gajraj Singh, 2019 (2) SCALE 442 C.A. No. 2541 of 2006 31-01-2019

Central Bureau of Investigation - The organization i.e. CBI has grown over the years in its role, power and importance and today has become the premier investigative and prosecution agency of the country. Ranjan Gogoi (CJI), Sanjay Kishan Kaul & K.M. Joseph, JJ. Common Cause (Registered Society) v. Union of India W.P. (C) No. of 2018 08-01-2019

Central Excise Act, 1944 - S. 11B - Claim for refund of duty - Whether the period of limitation of six months shall apply where the refund of central excise duty has been claimed by the buyer and paid by the manufacturer (M/s. Fenner (India) Ltd.) under protest - Application was filed by the appellant as a buyer of the goods (conveyor belts) from M/s. Fenner (India) Ltd. who paid the duty under protest much after a period of limitation(six months) as prescribed under the mandate of law disentitles the claim of refund to the appellant as prayed for - the purchaser of the goods was not entitled to claim refund of duty made under protest by the manufacturer without complying the mandate of Section 11B of the Act, 1944. A.M. Khanwilkar & Ajay Rastogi, JJ. Western Coalfields Ltd v. Commissioner of Central Excise Trichy / Madurai, AIR 2019 SC 1069 : 2019 (4) Scale 384 C.A. No. 807 of 2006 20-02-2019

Central Excise Act, 1944 - S. 35L - Central Excise Rules, 2002 - R. 12B - Job work in textiles and textile articles - What Rule 12B introduces is nothing but a legal fiction that in case the conditions stipulated therein are satisfied, the person concerned is to be treated as an assessee. If he is an assessee, all the clearances by him so long as they come within the parameters of Rule12B, would make him liable. The Exemption Notification again does not put the matter at individual clearances of job workers and what is to be considered is an aggregate value of the clearances. It is well settled that if a legal fiction is introduced that legal fiction must be taken to the logical end. U.U. Lalit & Indu Malhotra, JJ. Dinesh Textiles v. Commissioner of Central Excise, Customs and Service Tax, Calicut, 2019 (3) Scale 839 C.A. No. 9740 of 2018 28-02-2019

Central Vigilance Commission Act, 2003 - Delhi Special Police Establishment Act, 1946 - Prevention of Corruption Act, 1988. Ranjan Gogoi (CJI), Sanjay Kishan Kaul & K.M. Joseph, JJ. Alok Kumar Verma v. Union of India, AIR 2019 SC 438 : JT 2019 (1) SC 166 : 2019 (1) Scale 257 W.P. (C) No. of 2018 08-01-2019

Circumstantial Evidence - In a case based on circumstantial evidence it is always better for the courts to deal with each circumstance separately and then link the circumstances which have been proved to arrive at a conclusion. Sanjay Kishan Kaul & Deepak Gupta, JJ. Chandru @ Chandrasekaran v. State Rep. By Deputy Superintendent of Police CB CID, 2019 (3) Scale 280 Crl.A. No. 1193 of 2011 12-02-2019

Civil Law - Plaint - Amendment - Trial Court allowed the application for amendment of the plaint - Plaintiff filed the application when the trial in the suit was almost over and the case was fixed for final arguments - the suit could still be decided even without there being any necessity to seek any amendment in the plaint - amendment in the plaint was not really required for determination of the issues in the suit. impugned order is legally unsustainable. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Vijay Hathising Shah v. Gitaben Parshottamdas Mukhi, JT 2019 (3) SC 5 : 2019 (3) Scale 811 C.A. No. 2012 of 2019 25-02-2019

Civil P.C. 1908 - A claimant seeking a decree of khatedari rights is barred from filing a suit in the civil court prior to their khatedari right being decreed by a revenue court when the relief sought for by the civil court includes a determination of khatedari rights. Uday Umesh Lalit & D.Y. Chandrachud, JJ. Pyarelal v. Shubhendra Pilania, 2019 (2) SCALE 492 C.A. No. 1269 of 2019 29-01-2019

Civil P.C. 1908 - Interpretation of any terms and conditions of a document constitutes a substantial question of law within the meaning of Section 100 of the Code. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Rajendra Lalitkumar Agrawal v. Ratna Ashok Muranjan, JT 2019 (2) SC 93 : 2019 (1) RCR (Civil) 863 : 2019 (2) SCALE 338 C.A. No. 1331 of 2019 31-01-2019

Civil P.C. 1908 - O. 14 - Letters Patent Act, 1865 - Cl. 12 - Plea of Territorial Jurisdiction - An issue of territorial jurisdiction cannot be tried by filing an application for revocation of leave. A plea of territorial jurisdiction is essentially a mixed question of law and fact. It is for this reason, the defendants should be allowed to raise such plea in the written statement to enable the Court to try it on its merits in accordance with law. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Isha Distribution House Pvt. Ltd. v. Aditya Birla Nuvo Ltd., JT 2019 (3) SC 331 : 2019 (4) Scale 474 C.A. No. 2554 of 2019 07-03-2019

Civil P.C. 1908 - O. 23 R. 1A r/w. O. I R. 10 - Court may strike out or add parties - When transposition of defendants as plaintiff may be permitted. Uday Umesh Lalit & Dinesh Maheshwari, JJ. R. Dhanasundari @ R. Rajeswari v. A.N. Umakanth, 2019 (4) Scale 161 C.A. No. 7292 of 2009 06-03-2019

Civil P.C. 1908 - O. 33 R. 1 & O. 44 R. 1 - Appeal - “indigent person” - the dismissal of application made under Order 33 Rule 1 of the Code by the Trial Court in the earlier round of litigation is not a bar against the plaintiff to file an application/appeal under Order 44 Rule 1 of the Code before the Appellate Court. Abhay Manohar Sapre & Indu Malhotra, JJ. Sushil Thomas Abraham v. M/s Skyline Build. Thru. Its Partner, AIR 2019 SC 512 : (2019) 3 SCC 415 : JT 2019 (1) SC 188 : 2019 (1) RCR (Civil) 579 : 2019 (1) Scale 178 C.A. No. 117 of 2019 07-01-2019

Civil P.C. 1908 - O. 7 R. 11(d) - Rejection of the Plaint - By mere clever drafting, the plaintiff cannot bring the suit within the period of limitation. L. Nageswara Rao & M.R. Shah, JJ. Raghwendra Sharan Singh v. Ram Prasanna Singh, JT 2019 (3) SC 299 C.A. No. 2960 of 2019 13-03-2019

Civil P.C. 1908 - O. IX, R. 9 - Restoration of Suit - Application for restoration of the suit filed by the appellant-plaintiff was well within the period of limitation. The appellant-plaintiff was present in almost all hearings before the Trial Court which indicates that he was genuinely pursing the matter. The appellant-plaintiff having filed the suit for declaration and injunction ought to be given an opportunity to pursue his suit. R. Banumathi & Indira Banerjee, JJ. Kusumben Indersingh Dhupia v. Sudhaben Biharilalji Bhaiya, 2019 (1) RCR (Civil) 683 C.A. No. 230 of 2019 09-01-2019

Civil P.C. 1908 - S. 100 - Second Appeal - Jurisdiction of High Court to entertain second appeal under Section 100 CPC after the 1976 Amendment, is confined only when the second appeal involves a substantial question of law. The existence of ‘a substantial question of law’ is a sine qua non for the exercise of the jurisdiction under Section 100 of the CPC. L. Nageswara Rao & M.R. Shah, JJ. Gurnam Singh v. Lehna Singh, JT 2019 (3) SC 368 C.A. No. 6567 of 2014 13-03-2019

Civil P.C. 1908 - S. 100 - Second Appeal - Who is the owner of the land and who is in its possession, whether the plaintiff as claimed was able to prove their title over the suit land to the exclusion of the rights of the State and, if so, on what basis and whether his possession if proved, is legal or not, etc. requires elaborate discussion. It should have been adjudicated in the light of legal principle applicable to the case, pleadings and evidence. It is for these reasons, the case needs to be remanded to the High Court for deciding of the Second Appeal afresh on all such questions which do arise in the case but were not decided much less in accordance with law. Abhay Manohar Sapre & Indu Malhotra, JJ. State of Rajasthan v. Gram Vikas Samiti,shivdaspura, JT 2019 (1) SC 238 : 2019 (1) RCR (Civil) 577 : 2019 (1) Scale 200 C.A. No. 3505 of 2009 07-01-2019

Civil P.C. 1908 - S. 100 - Substantial Question(s) of Law - the High Court has no jurisdiction to allow the second appeal without framing a substantial question of law as provided under Section 100 of the Code - the sine qua non for allowing the second appeal is to first frame the substantial question(s) of law arising in the case and then decide the second appeal by answering the question(s) framed. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Chand Kaur v. Mehar Kaur, JT 2019 (3) SC 595 C.A. No. 3276 of 2019 28-03-2019

Civil P.C. 1908 - S. 100 (4) - Second Appeal - Substantial Questions of Law - the disposal of the second appeal by the High Court by answering the question(s) which was/were not framed either at the time of admission of the second appeal or framed without ensuring compliance of the mandatory procedure prescribed in proviso to Section 100 (5) of the Code is not legally sustainable. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Tanuku Taluk Village Officers' Association v. Tanuku Municipality, JT 2019 (3) SC 310 C.A. No. 2918 of 2019 12-03-2019

Civil P.C. 1908 - S. 21 - Territorial Jurisdiction - An objection to the validity of the decree for want of territorial jurisdiction would not lie before the executing court. D.Y. Chandrachud & Hemant Gupta, JJ. Sneh Lata Goel v. Pushplata, AIR 2019 SC 824 : JT 2019 (1) SC 438 : 2019 (1) RCR (Civil) 808 : 2019 (1 ) SCALE 536 C.A. No. 116 of 2019 07-01-2019

Civil P.C. 1908 - S. 9 - Ceiling on Land Holdings Act, 1972 (Haryana) - S. 26 - Bar of Jurisdiction - Section 26 (b) of the Act clearly bars filing of civil suit to examine the legality of the order passed by the Prescribed Authority under the Act - the Civil Court’s jurisdiction is expressly taken away by Section 26(b) of the Act from examining the legality of orders passed under the Act - Remedy of the plaintiffs in such case lies in filing appeal/revision under Section 18 of the Act against the order of the Prescribed Authority. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Meg Raj (Dead) Thr. L.Rs. v. Manphool (Dead) Thr. L.Rs., C.A. No. 7426 of 2011 15-03-2019

Civil P.C. 1908 - An order of refusal to re­-admit the appeal passed by the Appellate Court under Order 41 Rule 19 of the Code is made expressly appealable under Order 43 Rule 1(t) of the Code to the High Court. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Commissioner, Mysore Urban Development Authority v. S.S. Sarvesh, 2019 (1) JLJR 502 : 2019 (2) MLJ 350 : 2019 (1) PLJR 574 : 2019 (1) RCR (Civil) 982 : 2019 (2) Scale 475 C.A. No. 1463 of 2019 05-02-2019

Civil P.C. 1908 - O. 47 R. 1 - Every error whether factual or legal cannot be made subject matter of review under Order 47 Rule 1 of the Code though it can be made subject matter of appeal arising out of such order. In other words, in order to attract the provisions of Order 7 47 Rule 1 of the Code, the error/mistake must be apparent on the face of the record of the case. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Asharfi Devi (d) Thr. Lrs. v. State of U.P., AIR 2019 SC 832 : 2019 ALT (Rev) 17 : 2019 (2) Scale 421 C.A. No. 5217 of 2010 01-02-2019

Civil P.C. 1908 - O. 9 R. 6(1)(a) & 13, O.17 Rr. 2 & 3 - Procedure when only plaintiff appears When summons duly served - Procedure if parties fail to appear on day fixed - Court may proceed notwithstanding either party fails to produce evidence, etc. - Scope of Order 17 Rule 2 and Order 17 Rule 3 of the Code. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. G. Ratna Raj (d) by Lrs. v. Muthukumarasamy Permanent Fund Ltd., JT 2019 (3) SC 524 : 2019 (2) Scale 425 C.A. No. 2582 of 2011 01-02-2019

Civil P.C. 1908 - O. IX R. 13 - Application for setting aside the ex-parte decree - Sufficient Cause - When an application is filed for setting aside ex-parte decree under Order IX Rule 13 of CPC, the only aspect which is required to be considered is whether any sufficient cause is shown for absence in the matter when the matter was called. R. Banumathi & R. Subhash Reddy, JJ. A. Murugesan v. Jamuna Rani, 2019 (2) ALT 159 : JT 2019 (2) SC 314 : 2019 (3) Scale 559 C.A. No. 1545 of 2019 07-02-2019

Civil P.C. 1908 - O. V R. 1 (1), O. VIII R. 1 & 10 - Procedure when party fails to present written statement called for by Court - Beyond 120 days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written statement to be taken on record. R.F. Nariman & Vineet Saran, JJ. SCG Contracts India Pvt. Ltd v. K.S. Chmankar Infrastructutre Pvt. Ltd., 2019 (4) Scale 574 C.A. No. 1638 of 2019 12-02-2019

Civil P.C. 1908 - O. VI R. 17 - Amendment of the Plaint - Leave to amend may be refused if it introduces a totally different, new and inconsistent case, or challenges the fundamental character of the suit. The proviso to Order VI Rule 17 of the CPC virtually prevents an application for amendment of pleadings from being allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of the trial. The proviso, to an extent, curtails absolute discretion to allow amendment at any stage. Therefore, the burden is on the person who seeks an amendment after commencement of the trial to show that in spite of due diligence, such an amendment could not have been sought earlier. There cannot be any dispute that an amendment cannot be claimed as a matter of right, and under all circumstances. Though normally amendments are allowed in the pleadings to avoid multiplicity of litigation, the Court needs to take into consideration whether the application for amendment is bona fide or mala fide and whether the amendment causes such prejudice to the other side which cannot be compensated adequately in terms of money. N.V. Ramana & Mohan M. Shantanagoudar, JJ. R. Revanna v. Anjanamma (dead) by Lrs., 2019 (3) Scale 412 C.A. No. 1669 of 2019 14-02-2019

Civil P.C. 1908 - S. 144 - Application for Restitution - Section 144 applies to a situation where a decree or an order is varied or reversed in appeal, revision or any other proceeding or is set aside or modified in any suit instituted for the purpose. D.Y. Chandrachud & Hemant Gupta, JJ. Murti Bhawani Mata Mandir v. Rajesh, AIR 2019 SC 679 : 2019 (1) RCR (Civil) 935 : 2019 (2) SCALE 555 C.A. No. 880 of 2019 21-01-2019

Civil P.C. 1908 - S. 75, O. XXVI R. 10 (3) - If the Local Commissioner’s report was found wanting in compliance of applicable instructions for the purpose of demarcation, it was only a matter of irregularity and could have only resulted in discarding of such a report and requiring a fresh report but any such flaw, by itself, could have neither resulted in nullifying the order requiring appointment of Local Commissioner and for recording a finding after taking his report nor in dismissal of the suit. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Ram Lal v. Salig Ram, AIR 2019 SC 729 : 2019 (2) ALD 70 : 2019 (2) ALT 1 : JT 2019 (2) SC 106 : 2019 (1) RCR (Civil) 969 : 2019 (2) Scale 524 C.A. No. 8285 of 2009 04-02-2019

Civil P.C. 1908 - Section 89 - Ram Janmabhoomi Case - Ayodhya Matter - Mediation - the mediation suggested is only to effectively utilize the time of eight weeks that would be taken to make the cases ready for hearing. Ranjan Gogoi (CJI), Sharad Arvind Bobde, D.Y. Chandrachud, Ashok Bhushan, JJJ. M. Siddiq (d) Thr. Lrs. v. Mahant Suresh Das, C.A. 10866 of 2010 26-02-2019

Civil P.C. 1908 - Ss. 15 to 20 - “place of suing” - Suits to be instituted where subject matter situate - Suits for immovable property situate within jurisdiction of different Courts - For a suit filed in a Court pertaining to properties situated in jurisdiction of more than two courts, the suit is maintainable only when suit is filed on one cause of action. Ashok Bhushan & K.M. Joseph, JJ. Shivnarayan (d) by Lrs. v. Maniklal (d) Thr. Lrs., 2019 (2) ALT 35 : JT 2019 (2) SC 295 : 2019 (2) Scale 620 C.A. No. 1052 of 2019 C.A. No. 1052 of 2019 06-02-2019

Civil P.C. 1973 - S. 115 - Revision Petitions are not maintainable against interlocutory orders - Revisional Jurisdiction is to be exercised to correct jurisdictional errors only. R.F. Nariman & Vineet Saran, JJ. Tek Singh v. Shashi Verma, AIR 2019 SC 1047 : 2019 (1) ALT 77 : 2019 (3) Scale 86 C.A. No. 1416 of 2019 04-02-2019

Companies Act, 1956 - Ss. 433(e) & 434 - A winding up proceeding initiated under the Act is not a means of seeking to enforce payment of a debt. Rohinton Fali Nariman & Navin Sinha, JJ. Swaraj Infrastructure Pvt. Ltd. v. Kotak Mahindra Bank Ltd., 2019 (2) SCALE 171 C.A. No. 1291 of 2019 29-01-2019

Companies Act, 2013 - S. 212(1)(c) - Limited Liability Partnership Act, 2008 - Ss. 43(2) & (3)(c)(i) - Companies (Arrests in connection with Investigation by Serious Fraud Investigation Office) Rules, 2017 - Rule (2) - Establishment of Serious Fraud Investigation Office - Investigation of the affairs of limited liability partnership. Abhay Manohar Sapre & U.U. Lalit, JJ. Serious Fraud Investigation Office v. Rahul Modi, JT 2019 (3) SC 597 Crl.A. No. 538 of 2019 27-03-2019

Companies Act, 2013 - S. 434 - Insolvency & Bankruptcy Code, 2016 - S. 9 - Companies (Transfer of Pending Proceedings) Rules, 2016 - R. 5 - Companies (Court) Rules, 1959 - Rr. 26 & 27 - Transfer of certain pending proceedings - Transfer of pending proceedings of Winding up on the ground of inability to pay debts - Service of petition - Notice of petition and time of service. Rohinton Fali Nariman & Navin Sinha, JJ. Forech India Ltd. v. Edelweiss Assets Reconstruction Co. Ltd., 2019 (2) SCALE 142 C.A. No. of 2018 22-01-2019

Company Law - National Company Law Appellate Tribunal Rules, 2016 - Rule 48 - Issue of Notice - No notice was served upon the appellant before the NCLAT as stipulated under the rules, and the right of the appellant to be heard, audi alteram partem, has been violated. N.V. Ramana & Mohan M. Shantanagoudar, JJ. Jai Balaji Industries Limited v. State Bank of India, C.A. No. 1929 of 2019 08-03-2019

Competition Act, 2002 - S. 53T - Monopolies and Restrictive Trade Practices Act, 1969 - S. 55 - the issues which would arise in the present case related to unfair trade practices and whether the terms and conditions in the agreement to sell/allotment agreement were valid and good. These aspects were not gone into and examined primarily because the appellant did not have proper legal guidance and assistance. Ranjan Gogoi (CJI), L. Nageswara Rao & Sanjiv Khanna, JJ. Sudha Gupta v. DLF Ltd., 2019 (4) Scale 532 C.A. No. 9646 of 2013 07-03-2019

Constitution of India - Art. 136 - When the two Courts below in their respective jurisdiction have appreciated the entire ocular evidence, then Supreme Court would be very slow in exercise of its appellate jurisdiction to appreciate the evidence afresh unless the appellants are able to point out that the concurrent finding of two Courts below is wholly perverse or is recorded without any evidence or is recorded by misreading or ignoring the material evidence. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Madan Mohan Mahto v. State of Jharkhand thr. its Chief Secretary Secretariat, Jharkhand at Ranchi, 2019 (1) Crimes 74 : JT 2019 (2) SC 99 : 2019 (2) Scale 730 Crl.A. No. 379 of 2010 07-02-2019

Constitution of India - Art. 142 - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - S. 3(1)(xi) - Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc. - Punishments for offences of atrocities - Assaults or uses force to any woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to dishonour or outrage her modesty - Where minimum sentence is provided for, the Court cannot impose less than the minimum sentence - Provisions of Article 142 of the Constitution cannot be resorted to impose sentence less than the minimum sentence. D.Y. Chandrachud & Hemant Gupta, JJ. State of Madhya Pradesh v. Vikram Das, AIR 2019 SC 835 : 2019 (1) CGLJ 457 : 2019 (2) JLJ 1 : JT 2019 (2) SC 121 : 2019 (1) RCR (Criminal) 986 : 2019 (2) Scale 695 Crl.A. No. 208 of 2019 08-02-2019

Constitution of India - Art. 226 - A writ of mandamus is issued, when there is a right and correspondingly there is a legal duty to perform. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Municipal Corporation of Greater Mumbai v. Rafiqunnisa M. Khalifa (d) Thr. His Legal Heir Mr. Mohd. Muqueen Qureshi, JT 2019 (2) SC 410 : 2019 (4) Scale 655 C.A. No. 1727 of 2019 18-02-2019

Constitution of India - Art. 226 - Administrative decisions are subject to judicial review only on grounds of perversity, patent illegality, irrationality, want of power to take the decision and procedural irregularity. Except on these grounds administrative decisions are not interfered with, in exercise of the extra ordinary power of judicial review. Judicial review under Article 226 is directed, not against the decision, but the decision making process. R. Banumathi & Indira Banerjee, JJ. Sarvepalli Ramaiah (d) Tr. Lrs. v. District Collector Chittoor Dist., C.A. No. 7461 of 2009 14-03-2019

Constitution of India - Art. 226 - It is not the function of the Courts to frame any Scheme but it is the sole prerogative of the Government to do it. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Union of India v. All India Trade Union Congress, JT 2019 (3) SC 432 C.A. No. 3146 of 2019 15-03-2019

Constitution of India - Art. 32 - No writ lies at the instance of any employee or the employer for claiming enforcement of any personal contractual rights inter se the employee and his employer. Abhay Manohar Sapre & R. Subhash Reddy, JJ. Ramesh Sanka v. Union of India, JT 2019 (2) SC 15 : 2019 (2) SCALE 125 W.P. (Crl.) No. of 2018 25-01-2019

Constitution of India - Article 226(2) of the Constitution, in clear terms, empowers the High Court (let us say “A” High Court) to entertain the writ petition if the cause of action to file such writ petition against the respondents of the said writ petition has arisen wholly or in part within the territorial jurisdiction of “A” High Court. Clause (2) further empowers a High Court to issue any order, directions or writ as provided in clause (1) of Article 226 of the Constitution in such writ petition notwithstanding that seat of such Government or the Authority or the residence of such person against whom the writ petition is filed does not fall within the territories of the “A” High Court but falls in the territories of the “B” High Court. Abhay Manohar Sapre & Dinesh Maheswari, JJ. Cement Workers' Mandal v. Global Cements Ltd. (HMP Cements Ltd.), 2019 (4) Scale 661 C.A. No. 5360 of 2010 14-02-2019

Constitution of India - Article 239AA - Power - Status - National Capital Territory of Delhi - Entry 41 of List II of the Seventh Schedule of the Constitution is not available to the Delhi Legislative Assembly. A.K. Sikri & Ashok Bhushan, JJ. Govt. of Nct of Delhi v. Union of India, 2019 (3) Scale 107 C.A. No. 2357 of 2017 14-02-2019

Constitution of India - Article 32 - Student of Medicine - Loss of an Academic Year - Compensation. D.Y. Chandrachud & Hemant Gupta, JJ. Riya Goerge v. Kannur Medical College, 2019 (3) Scale 662 W.P. (C) No. 1247 of 2018 21-02-2019

Constitution of India - Arts. 226 & 227 - No writ petition can be entertained for issuance of any writ against any private individual in respect of any private property dispute. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. N. Sankaranarayanan v. Chairman, Tamil Nadu Housing Board, JT 2019 (1) SC 607 : 2019 (2) SCALE 341 C.A. No. 7390 of 2009 31-01-2019

Constitution of India - Neither the Ramakrishna Mission, nor the hospital would constitute an authority within the meaning of Article 226. D.Y. Chandrachud & Hemant Gupta, JJ. Ramakrishna Mission v. Kago Kunya, C.A. No. 2394 of 2019 28-02-2019

Constitution of India - Show Cause Notice - the High Court has committed error in entertaining the writ petition at the stage of show cause notices. Uday Umesh Lalit & R. Subhash Reddy, JJ. Union of India v. Coastal Container Transporters Association, 2019 (3) Scale 758 C.A. No. 2276 of 2019 26-02-2019

Constitution of India, 1950 - Art. 32 - Delhi Special Police Establishment Act, 1946 - S. 4A - Committee for appointment of Director - Since the regular Director has been appointed the main prayer of the petitioner stands satisfied and there is absolutely no justification to continue with this writ petition in the aforesaid circumstances. In case the due process has not been followed in the appointment, it is always open to any incumbent, if so advised, to question the appointment in accordance with law but not in the routine manner and undue haste as shown in the petition. Arun Mishra & Navin Sinha, JJ. Common Cause v. Union of India, 2019 (3) Scale 678 W.P. (C) No. 54 of 2019 19-02-2019

Constitution of India - Arts. 14, 15, 19 (1)(a), 19 (1)(g) & 21 - Prohibition of Obscene Dance in Hotels, Restaurant and Bar Rooms and Protection of Dignity of Women (Working therein) Act, 2016 (Maharashtra) - Constitutional Validity of. A.K. Sikri & Ashok Bhushan, JJ. Indian Hotel And Restaurant Association (Ahar) General Secretary v. State of Maharashtra Home Department Secretary Home Affairs, AIR 2019 SC 589 : JT 2019 (1) SC 271 : 2019 (1) SCALE 433 W.P. (C) No. 576 of 2016 17-01-2019

Consumer Law - A buyer can be expected to wait for possession for a reasonable period. A period of seven years is beyond what is reasonable. D.Y. Chandrachud & Hemant Gupta, JJ. Kolkata West International City Pvt. Ltd. v. Devasis Rudra, C.A. No. 3182 of 2019 25-03-2019

Consumer Law - Developer - Possession of the Apartments - Deficient in rendering service - Refund of Money along with interest - Compensation for delayed delivery of possession - Governing Principles. U.U. Lalit & Hemant Gupta, JJ. DLF Homes Panchkula (P) Ltd. v. Sushila Devi, C.A. No. 2285 of 2019 26-02-2019

Consumer Law - Directions for sampling the product “MAGGI Noodles” in nine variants for testing with reference to the quantity of lead and Mono Sodium Glutamate (MSG). Sampling and testing has been carried out under the auspices of CFTRI, Mysore. Since the complaint is pending, it would be inappropriate for this Court to preempt the exercise of jurisdiction by the NCDRC which is vested adjudicatory authority under the Consumer Protection Act, 1986. D.Y. Chandrachud & Hemant Gupta, JJ. Nestle India Ltd. v. Union of India, 2019 (1) Scale 418 C.A. No. 14539 of 2015 03-01-2019

Consumer Law - Insurance - Loss and damage to the roads which had been worked upon due to “abnormal rainfall and water logging” - due to heavy rains on 29 June 2007, the roads were inundated and the top layer had been washed out - Held, there was only surface damage and no evidence of the road having been washed out as a result of excessive monsoon rain or inundation - the dates on which the alleged damage is stated to have occurred had not witnessed excessive rainfall and the rain was within normal parameters - failure of the appellant to examine any expert in regard to the cause of the damage is a significant omission - Insurance policy specifically excluded normal wear and tear - In order to establish that this was not a case involving normal wear and tear, the appellant sought to rely upon what it described as abnormal rainfall and water logging - Evidence on the record did not sustain the basis of such a claim. D.Y. Chandrachud & Hemant Gupta, JJ. Mahavir Road and Infrastructure Pvt. Ltd. v. Iffco Tokio General Insurance Co. Ltd., C.A. No. 7315 of 2016 25-03-2019

Consumer Law - Insurance Policy linked to the equity market - LIC held on to the moneys of the appellant wrongfully for five years. Its omission to refund has deprived the appellant of the use of his moneys. Hence, a mere direction for the payment of interest on the principal sum will not provide sufficient redress. D.Y. Chandrachud & Hemant Gupta, JJ. Madhav Hari Joshi v. Divisional Manager, LIC of India, 2019 (1) RCR (Civil) 680 : 2019 (1) Scale 336 C.A. No. 49 of 2019 04-01-2019

Consumer Law - Shipments (Comprehensive Risk) Policy. D.Y. Chandrachud & Hemant Gupta, JJ. Export Credit Guarantee Corpn. of India Ltd. v. M.S. Creations, C.A. No. 2987 of 2019 13-03-2019

Consumer Protection Act, 1986 - S. 12 (1) (c) - Since possession has not been handed over, the developer cannot avoid the liability to pay interest at the rate awarded by the NCDRC until the date when possession is actually handed over. D.Y. Chandrachud & Hemant Gupta, JJ. R.V. Rasannakumaar v. Mantri Castles Pvt. Ltd., 2019 (4) Scale 570 C.A. No. 1232 of 2019 11-02-2019

Consumer Protection Act, 1986 - S. 23 - Appeal - the Commission does have the jurisdiction to dismiss the complaint in limine and decline its admission without notice to the opposite party. However, such jurisdiction to dismiss the complaint in limine has to be exercised by the Commission having regard to facts of each case, i.e., in appropriate case. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Anjaneya Jewellery v. New India Assurance Co. Ltd., JT 2019 (3) SC 192 : 2019 (4) Scale 480 C.A. No. 6878 of 2018 07-03-2019

Contempt of Court - A party can be proceeded for disobedience of the order of the court only when there is willful disobedience and noncompliance of the order passed by the court. In the contempt jurisdiction, the court has to confine itself to the four corners of the order alleged to have been disobeyed. R. Banumathi & R. Subhash Reddy, JJ. Er. K. Arumugam v. V. Balakrishnan, AIR 2019 SC 818 : 2019 (2) ALD 76 : 2019 ALT (Rev) 20 : 2019 (2) MLJ 517 : 2019 (1) RCR (Civil) 974 : 2019 (2) Scale 599 C.A. No. 1510 of 2019 06-02-2019

Contempt of Court - Apology is an act of contrition. Unless apology is offered at the earliest opportunity and in good grace, the apology is shorn of penitence and hence it is liable to be rejected. If the apology is offered at the time when the contemnor finds that the court is going to impose punishment it ceases to be an apology and becomes an act of a cringing coward. S.A. Bobde, L. Nageswara Rao & R. Subhash Reddy, JJ. Sarvepalli Radhakrishnan University v. Union of India, 2019 (1) SCALE 700 W.P. (C) No. of 2017 17-01-2019

Contempt of Court - Compensation - Payment - Decree Holder. A.K. Sikri & S. Abdul Nazeer & M. R. Shah, JJ. Yatinder Kumar Aggarwal v. Mukund Swarup, 2019 (1) RCR (Civil) 814 : 2019 (1) SCALE 594 Cont.P. (Crl.) No. 2 of 2012 22-01-2019

Contempt of Court - Contempt is a matter between the Court and the alleged contemnor who is alleged to have violated the orders of the Court. R. Banumathi & Indira Banerjee, JJ. M/s Mdda Ramky Isbt Ltd v. Ombir Singh Tomar, 2019 (1) RCR (Criminal) 837 Conmt. Pet. (c) No. of 2017 04-01-2019

Contempt of Court - The contempt jurisdiction cannot be invoked on the basis of impressions, when the order of the Court does not contain any direction - The contempt would be made out when there is willful disobedience to the orders of this Court. A.M. Khanwilkar & Hemant Gupta, JJ. Badri Vishal Pandey v. Rajesh Mittal, AIR 2019 SC 289 : 2019 (1) Scale 155 Conmt. Pet. (c) No. of 2018 04-01-2019

Contempt of Courts Act, 1971 - S. 12 - Punishment for Contempt of Court - Disobedience of an order to pay a sum of money may be countered by orders of attachment instead of committal to prison. On the other hand, in cases of perverse and deliberate flouting of undertakings, it had no option except to convict. So-called apologies, which are only tactful moves when contemnors are in a tight corner, should not be accepted and a jail sentence should be awarded. R.F. Nariman & Vineet Saran, JJ. Reliance Communication Limited v. State Bank of India, 2019 (3) Scale 428 W.P. (C) No. 845 of 2018 20-02-2019

Contract Act, 1872 - Section 74 - Law on compensation for breach of contract. R.F. Nariman & Vineet Saran, JJ. Mahanagar Telephone Nigam Ltd. v. Tata Communications Ltd., JT 2019 (3) SC 350 : 2019 (3) Scale 864 C.A. No. 1766 of 2019 27-02-2019

Contract Law - Tender - the words used in the tender document cannot be ignored or treated as redundant or superfluous – they must be given meaning and their necessary significance. Rohinton Fali Nariman & Navin Sinha, JJ. Vidarbha Irrigation Development Corporation v. M/s Anoj Kumar Agarwala, 2019 (2) SCALE 134 C.A. No. 1049 of 2019 23-01-2019

Cooperative Societies Act, 2003 (Delhi) - Ss. 74(e), (f), (k), 80, 91, 131 & 141 - "co-operative housing society" - "dwelling unit" - "occupancy right" - Permission for transfer of occupancy right not to be ordinarily refused and provision for appeal - Saving of existing co­operative societies - Repeal and savings - Discussed. A.M. Khanwilkar & Ajay Rastogi, JJ. Delhi Dayalbagh Cooperative House Building Society Ltd. v. Registrar Cooperative Societies, 2019 (1) RCR (Civil) 833 : 2019 (2) SCALE 230 C.A. No. 1313 of 2019 30-01-2019

Cooperative Societies Act, 2003 (Delhi) - Ss. 94 & 112 - Alternative Remedy of Statutory Appeal - Disposed of. A.M. Khanwilkar & Ajay Rastogi, JJ. Delhi Dayal Bagh House Building Society v. Regitrar, Co-operative Societies, 2019 (2) SCALE 251 C.A. No. 1316 of 2019 30-01-2019

Criminal Justice System - to provide speedy justice as a matter of a constitutional right. N.V. Ramana & Mohan M. Shantanagoudar, JJ. Chander Bhan Singh v. Central Bureau of Investigation, 2019 (1) Scale 415 Crl.A. No. 30 of 2019 08-01-2019

Criminal Law - Criminal complaints cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted. L. Nageswara Rao & M.R. Shah, JJ. Kamal Shivaji Pokarnekar v. State of Maharashtra, AIR 2019 SC 847 : JT 2019 (2) SC 243 : 2019 (3) Scale 277 Crl.A. No. 255 of 2019 12-02-2019

Criminal Law - Murder - Capital Punishment - Life Imprisonment - Even though the appellant has not been able to establish the defence of insanity, the appellant was under mental strain and stress which resulted into the aforesaid reaction on his part. Otherwise, he is not a person of any criminal antecedents. Nothing is indicated about his propensity of criminality on his part. His conduct in Jail has been satisfactory. There is every possibility of his reform. A.K. Sikri, S. Abdul Nazeer & M.R. Shah, JJJ. Santosh Maruti Mane v. State of Maharashtra, AIR 2019 SC 527 : 2019 (1) Scale 562 Crl.A. No. 45 of 2019 09-01-2019

Criminal Law - The benefit of re­hearing of the appeal cannot be denied to other co-­accused. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Deep Narayan Chourasia v. State of Bihar, 2019 (3) Scale 603 Crl.A. No. 180 of 2019 25-02-2019

Criminal P.C. 1973 - S. 125 - the need to remand the case to the SDJM is called for only when some factual inquiry is required to be held to decide any factual issue involved in the case which cannot be undertaken at the revision stage or when it is noticed that there is no finding on any particular factual issue(s) recorded by the SDJM or when additional evidence is filed for the first time at the appellate/revision stage which requires examination by the SDJM in the first instance and to record a finding in the light of such additional evidence. Such is not the case here because all the material for fixing the maintenance was on record. It is for these reasons, there was no need to remand the case to the SDMJ as it would only prolong the litigation causing harm to the respondent(wife). Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Manik Kutum v. Julie Kutum, JT 2019 (3) SC 190 : 2019 (4) Scale 478 Crl.A. No. 448 of 2019 07-03-2019

Criminal P.C. 1973 - S. 311 - Where the prosecution evidence has been closed long back and the reasons for non-examination of the witness earlier is not satisfactory, the summoning of the witness at belated stage would cause great prejudice to the accused and should not be allowed - the court should not encourage the filing of successive applications for recall of a witness under this provision. A.K. Sikri & S. Abdul Nazeer, JJ. Swapan Kumar Chatterjee v. Central Bureau of Investigation, 2019 (2) SCALE 654 Crl.A. No. 15 of 2019 04-01-2019

Criminal P.C. 1973 – S. 319 - Power to proceed against other persons appearing to be guilty of offence, though not accused before the Court. L. Nageswara Rao & Mohan M. Shantanagoudar, JJ. Dev Wati v. State of Haryana, 2019 (1) SCALE 715 Crl.A. No. 134 of 2019 24-01-2019

Criminal P.C. 1973 – S. 319 - Power to proceed against other persons appearing to be guilty of offence - Mere disclosing the names of the accused cannot be said to be strong and cogent evidence to make them to stand trial for the offence - Additional accused cannot be summoned under Section 319 of the Code in casual and cavalier manner in the absence of strong and cogent evidence - Can be summoned only if there is more than prima facie case as is required at the time of framing of charge but which is less than the satisfaction required at the time of conclusion of the trial convicting the accused. D.Y. Chandrachud & Hemant Gupta, JJ. Periyasami v. S. Nallasamy, JT 2019 (3) SC 294 Crl.A. No. 456 of 2019 14-03-2019

Criminal P.C. 1973 - S. 391 - When Statute grants right to appeal to an accused, he has right to take all steps and take benefit of all powers of the Appellate Court in the ends of the justice. In a criminal case Appellate Court has to consider as to whether conviction of the accused is sustainable or the appellant has made out a case for acquittal. The endeavour of all Courts has to reach to truth and justice. Ashok Bhushan & K.M. Joseph, JJ. Brig. Sukhjeet Singh (Retd), MVC v. State of Uttar Pradesh, JT 2019 (2) SC 18 : 2019 (1) RCR (Criminal) 895 : 2019 (2) SCALE 104 Crl.A. No. 148 of 2019 25-01-2019

Criminal P.C. 1973 - S. 482 - Penal Code, 1860 - Ss. 143, 147, 148, 323, 392, 395 & 397 - Quashing of FIR - The High Court instead of quashing the FIR at such a preliminary stage should have directed the IO to make proper investigation on the basis of the FIR and then file proper charge sheet on the basis of the material collected in the investigation accordingly. It was, however, not done. It was more so because, the FIR did disclose prima facie allegations of commission of concerned offences. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Rafiq Ahmedbhai Paliwala v. State of Gujarat, Crl.A. No. 506 of 2019 15-03-2019

Criminal P.C. 1973 - S. 482 - Penal Code, 1860 - Ss. 307, 294 r/w. 34 - High Court has committed a grave error in quashing the criminal proceedings for the offences under Sections 307, 294 read with Section 34 of the IPC solely on the ground that the original Complainant and the accused have settled the dispute - Despite any settlement between the Complainant on the one hand and the accused on the other, the criminal proceedings for the offences under Section 307 of the IPC cannot be quashed, as the offence under Section 307 is a non-­compoundable offence. D.Y. Chandrachud & M.R. Shah, JJ. State of Madhya Pradesh v. Kalyan Singh, AIR 2019 SC 312 : 2019 (1) Crimes 14 : JT 2019 (1) SC 150 : 2019 (1) RCR (Criminal) 705 : 2019 (1) Scale 165 Crl.A. No. 14 of 2019 04-01-2019

Criminal P.C. 1973 - S. 482 - Penal Code, 1860 - Ss. 420, 498A, 323, 376, 506 - Dowry Prohibition Act, 1961 - Ss. 3 & 4. Abhay Manohar Sapre & R. Subhash Reddy, JJ. Monu v. State of Uttar Pradesh, AIR 2019 SC 316 : 2019 (1) Crimes 19 : JT 2019 (1) SC 187 : 2019 (1) Scale 209 Crl.A. No. 21 of 2019 07-01-2019

Criminal P.C. 1973 - S. 482 - Quashing of Complaint - Cheating - Sale of Plot - Once the Investigating Officer submitted the Final Report on conclusion of the investigation, the High Court was not justified in interfering with the criminal proceedings in exercise of power under Section 482 of the Cr.PC and particularly when in the Final Report it was specifically concluded on the basis of the material on record that a prima facie case is made out for the offences alleged against the accused persons. L. Nageswara Rao & M.R. Shah, JJ. Saraswatibai v. Lalitabai, JT 2019 (1) SC 394 : 2019 (1) SCALE 583 Crl.A. No. 118 of 2019 22-01-2019

Criminal P.C. 1973 - S. 482 - Steps to determine the veracity of a prayer for quashment raised by an accused by invoking the power vested in the High Court. U.U. Lalit & D.Y. Chandrachud, JJ. Suresh Kumar Goyal v. State of Uttar Pradesh, AIR 2019 SC 535 : 2019 (1) Crimes 1 : JT 2019 (1) SC 447 : 2019 (1) SCALE 355 Crl.A. No. 56 of 2019 11-01-2019

Criminal P.C. 1973 - Ss. 397 r/w. 401 - Penal Code, 1860 - S. 306 - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - S. 3(2)(V) - High Court has evidently ignored what has emerged during the course of the investigation - material indicates that several complaints were filed by the deceased - last of them was filed a few days before the suicide - It is alleged that the respondent had taken a loan of Rs 5 lakhs through fraudulent means in the name of the deceased and an altercation took place between him and the deceased in that regard - respondent is alleged to have got the deceased evicted from a rented house as well as terminated from her employment at Central Bank - there is a dying declaration - there is sufficient material on record to uphold the order framing charges of the Trial Court - discharge of the accused was not justified. D.Y. Chandrachud & Hemant Gupta, JJ State of Madhya Pradesh v. Deepak, Crl.A. No. 485 of 2019 13-03-2019

Criminal Procedure Code, 1973 - It is mandatory for the Magistrate to specify as to whether the sentences awarded to the accused would run concurrently or consecutively when the accused is convicted for more than one offence in a trial. Abhay Manohar Sapre & Dinesh Maheswari, JJ. Gagan Kumar v. State of Punjab, AIR 2019 SC 1009 : 2019 (3) Scale 390 Crl.A. No. 266 of 2019 14-02-2019

Criminal Procedure Code, 1973 - S. 235 - Judgment of Acquittal or Conviction - Section 235 (2) of the CrPC is not a mere formality. It is obligatory on the part of the trial Judge to hear the accused on the question of sentence and deal with it. N.V. Ramana, Mohan M. Shantanagoudar & Indira Banerjee, JJ. Md. Mannan @ Abdul Mannan v. State of Bihar, R.P. (Crl. ) No. 308 of 2011 14-02-2019

Criminal Procedure Code, 1973 - S. 456 - Power to restore possession of immovable property - The Trial Court can pass an order for restoration of the possession of the property to the person who was forcibly dispossessed - No such order shall be passed after one month of the date of conviction - If the Court trying the offence has not made such an order, the Court of appeal, confirmation or revision can also make such an order while disposing of the proceedings pending before it - No limitation has been provided for the higher courts to make such order. Sanjay Kishan Kaul & Deepak Gupta, JJ. Mahesh Dube v. Shivbodh, AIR 2019 SC 938 : 2019 (3) Scale 268 Crl.A. No. 1104 of 2011 12-02-2019

Criminal Procedure Code, 1973 - S. 482 - Guiding principles for exercise of power under Section 482 Cr. P.C. while dealing with the proposition of settlement and for quashing the criminal proceedings. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Satish Sharma v. State (NCT of Delhi), AIR 2019 SC 910 : JT 2019 (2) SC 256 : 2019 (2) Scale 658 Crl.A. No. 234 of 2019 08-02-2019

Criminal Procedure Code, 1973 - S. 482 - Penal Code, 1860 - Ss. 120B r/w. 409, 420, 468, 471 - Prevention of Corruption Act, 1988 - Ss. 13(2) r/w. 13(i) (c) & (d) - there is no criminality issue surviving qua those accused, who are alive so as to allow the prosecuting agency to continue with the criminal trial on merits. Indeed, it would be an abuse of process, as was rightly held by the High Court to which we concur. Abhay Manohar Sapre & L. Nageswara Rao, JJ. C.B.I New Delhi v. B.B. Agarwal, AIR 2019 SC 1045 : JT 2019 (3) SC 130 : 2019 (4) Scale 389 Crl.A. No. 2107 of 2011 18-02-2019

Criminal Procedure Code, 1973 - S. 482 - Penal Code, 1860 - Ss. 307, 294 r/w. 34 & 394 - Madhya Pradesh Dacoity Vihavran Prabhavit Kshetra Act, 1981 - Ss. 11 & 13 - Arms Act, 1959 - Ss. 25 & 27 - Settlement between Parties - Quashing of the FIR / Complaint / Criminal Proceedings - Antecedents of the Accused. L. Nageswara Rao & M.R. Shah, JJ. State of Mahya Pradesh v. Dhruv Gurjar, JT 2019 (3) SC 82 Crl.A. No. 336 of 2019 22-02-2019

Criminal Procedure Code, 1973 - S. 482 - Penal Code, 1860 - Ss. 405, 406, 415 & 420 r/w. 34 - Criminal breach of trust - Cheating and dishonestly inducing deliver of property - Ingredients of - Where the ingredients required to constitute a criminal offence are not made out from a bare reading of the complaint, the continuation of the criminal proceeding will constitute an abuse of the process of the court. D.Y. Chandrachud & Hemant Gupta, JJ. Prof. R.K. Vijayasarthy v. Sudha Seetharam, JT 2019 (3) SC 420 : 2019 (3) Scale 56 315-02-2019

Criminal Procedure Code, 1973 - Ss. 190 (1) (b) & 397 (2) - Summons - Revision - While taking cognizance of an offence under Section 190(1) (b) Cr.P.C., whether the court has to record reasons for its satisfaction of sufficient grounds for issuance of summons - Whether revision under Section 397(2) Cr.P.C. against order of issue of process is maintainable - Discussed. R. Banumathi & Indira Banerjee, JJ. State of Gujarat v. Afroz Mohammed Hasanfatta, 2019 (1) Crimes 56 : JT 2019 (2) SC 212 : 2019 (1) MLJ(Cri) 495 : 2019 (1) RCR (Criminal) 946 : 2019 (2) Scale 634 Crl.A. No. 224 of 2019 05-02-2019

Criminal Procedure Code, 1973 - Ss. 195 & 340 - Penal Code, 1860 - S. 193 - Punishment for False Evidence - Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence - Procedure in cases mentioned in Section 195. A.K. Sikri & S. Abdul Nazeer, JJ. Sh. Narendra Kumar Srivastava v. State of Bihar, 2019 (1) Bom.C.R.(Cri.) 634 : 2019 (1) CGLJ 391 : 2019 (1) Crimes 49 : 2019 (1) JLJR 505 : 2019 (1) PLJR 577 : 2019 (2) SCALE 591 : (2019) 3 SCC 318 Crl.A. No. 211 of 2019 04-02-2019

Criminal Procedure Code, 1973 - Ss. 216, 386 & 464 - Powers of the Court to alter the charge - Effect of omission to frame, or absence of, or error in framing the charge - An alteration of charge where no prejudice is caused to the accused or the prosecution is well within the powers and the jurisdiction of the Court including the Appellate Court - It is only when any omission to frame the charge initially or till culmination of the proceedings or at the appellate stage results in failure of justice or causes prejudice, the same may result in vitiating the trial in appropriate case. Abhay Manohar Sapre & R. Subash Reddy, JJ. Mala Singh v. State of Haryana, AIR 2019 SC 1026 : JT 2019 (2) SC 447 : 2019 (3) Scale 224 Crl.A. No. 1144 of 2009 12-02-2019

Criminal Procedure Code, 1973 - Under Section 319 Cr.P.C., a person can be added as an accused invoking the provisions not only for the same offence for which the accused is tried but for “any offence”; but that offence shall be such that in respect of which all the accused could be tried together. R. Banumathi & R. Subhash Reddy, JJ. Sunil Kumar Gupta v. State of Uttar Pradesh, JT 2019 (3) SC 25 : 2019 (3) Scale 813 Crl.A. No. 395 of 2019 27-02-2019

Criminal Trial - Criminal Justice should not become a casualty because of the minor mistakes committed by the Investigating Officer. N.V. Ramana, Mohan M. Shantanagoudar & Indira Banerjee, JJJ. Sachin Kumar Singhraha v. State of Madhya Pradesh, Crl.A. No. 473 of 2019 12-03-2019

Criminal Trial - While it is necessary that proof beyond reasonable doubt should be adduced in all criminal cases, it is not necessary that such proof should be perfect, and someone who is guilty cannot get away with impunity only because the truth may develop some infirmity when projected through human processes. N.V. Ramana & Mohan M. Shantanagoudar, JJ. Pattu Rajan v. State of Tamil Nadu, Crl.A. No. 680 of 2009 29-03-2019

Customs Act, 1962 - Ss. 112 (a), 114AA & 125 - Foreign Trade (Development and Regulation) Act, 1992 - S. 11 (8) & (9) - Foreign Trade (Regulation) Rules, 1993 - R. 17 (2) - Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 - Rule 15(1)(2) - Multi­-Function Devices (Digital Photocopiers and Printers) (MFDs) - Violation of the Foreign Trade Policy - Redemption Fine - Consignment released for Re-­export only - Penalty was imposed on the Directors - The Multi­-Function Devices (Digital Photocopiers and Printers) (MFDs) were not prohibited but restricted items for import. Ranjan Gogoi (CJI), Navin Sinha & K.M. Joseph, JJ. Commissioner of Customs v. Atul Automations Pvt Ltd., 2019 (1) SCALE 686 C.A. No. 1057 of 2019 24-01-2019

Customs Act, 1962 - Ss. 2 (39), 11, 11A, 132 & 135 - Antiquities and Art Treasures Act, 1972 - Ss. 3, 4, 24, 25, 26 & 30 - Ancient Monuments Preservation Act, 1904 - Ss. 2, 17 & 22 - Ancient Monuments and Archaeological Sites and Remains Act, 1958 - Antiquity (Export Control) Act, 1947 - Ancient Monuments Preservation Act, 1904 - Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951 - Ss. 2 (b), 25, 26, 30 & 39 - Definitions - "ancient monument" - "antiquities" - ”Commissioner” - ”maintain” and “maintenance” - “land” - “owner” - “smuggling” - Regulation of export trade in antiquities and art treasures - Application of Act 52 of 1962 - Power to determine whether or not an article, etc., is antiquity or art treasure - Penalty - Cognizance of Offences - Application of other laws not barred - Principles of ejusdem generis - Transfer of ownership, etc., of antiquities to be intimated to the registering officer - Jurisdiction - Power of Central Government to control moving of antiquities - Purchase of antiquities by Central Government - Penalties - Repeals and Saving - Power to prohibit importation or exportation of goods - Power to Exempt - ‘Offences and Prosecutions’. Ashok Bhushan & K.M. Joseph, JJ. Department of Customs v. Sharad Gandhi, 2019 (4) Scale 312 Crl.A. No. 174 of 2019 27-02-2019

Death Sentence - ‘special reasons’ - The term ‘special reasons’ undoubtedly means reasons that are one of a special kind and not general reasons. S.A. Bobde & Deepak Gupta, JJ. Yogendra @ Jogendra Singh v. State of Madhya Pradesh, JT 2019 (1) SC 373 : 2019 (1) Scale 495 Crl.A. No. 84 of 2019 17-01-2019

Death Sentence - A death sentence can be imposed only when the alternative option is unquestionably foreclosed. S.A. Bobde, L. Nageswara Rao & R. Subhash Reddy, JJ. Raju Jagdish Paswan v. State of Maharashtra, AIR 2019 SC 897 : 2019 (1) Crimes 87 : 2019 (1) SCALE 735 Crl. A. No. 88 of 2019 17-01-2019

Delay - What is more striking is that the delay to the tune of 721 days was condoned by the High Court when there was no satisfactory explanation. There was gross negligence on part of the respondent and the explanation offered in support of the prayer for condonation does not appear to be correct. This is evident from the fact that no effective steps were taken to pursue the complaint which was lodged against the then advocate. In the petition for special leave, it was asserted that the complaint against the Advocate was not being proceeded with and the respondent had remained absent on the relevant date. Said assertion was not answered satisfactorily in the affidavit in reply filed in this Court. Taking totality of the circumstances, the delay ought not to have been condoned by the High Court. U.U. Lalit & Ashok Bhushan, JJ. Sanjay Singh v. Central Himalayan Land Development Co. Ltd., JT 2019 (3) SC 364 : 2019 (3) Scale 882 C.A. No. 1928 of 2019 21-02-2019

Disciplinary Inquiry - The standard of proof in a disciplinary inquiry and in a trial of a criminal case are entirely different. In a criminal case it is essential to prove a charge beyond all reasonable doubt wherein in disciplinary inquiry under Anti-Corruption Code of BCCI the preponderance of probability is to serve the purpose. Ashok Bhushan & K.M. Joseph, JJ. S. Sreesanth v. Board of Control for Cricket in India, JT 2019 (3) SC 377 C.A. No. 2424 of 2019 15-03-2019

Divorce - Mediation - Settlement - 4.5 crores paid to Wife - Criminal proceedings pending against the husband quashed. N.V. Ramana, Sanjay Kishan Kaul, Mohan M. Shantanagoudar, JJJ. Rahul Gupta v. Shikha Gupta, 2019 (2) SCALE 452 C.A. No. 1235 of 2019 18-01-2019

Doctrine of Merger - Review Petition - Whether review petition is maintainable before the High Court seeking review of a judgment against which the special leave petition has already been dismissed by Supreme Court. Held, Since special leave petition was dismissed in limine without giving any reasons, the review petition filed by the appellant in the High Court would be maintainable and should have been decided on merits. A.K. Sikri & Sanjay Kishan Kaul, JJ. Khoday Distilleries Ltd. (now Khoday India Ltd) v. Mahadeshwara Sahakara Ssakkare Karkhane Ltd., 2019 (4) Scale 113 C.A. No. 2432 of 2019 01-03-2019

Dying Declaration - Courts cannot expect a victim like the deceased herein to state in exact words as to what happened during the course of the crime, inasmuch as it would be very difficult for such a victim, who has suffered multiple grievous injuries, to state all the details of the incident meticulously and that too in a parrot-­like manner. Mohan M. Shantanagoudar & Dinesh Maheshwari, JJ. Laltu Ghosh v. State of West Bengal, AIR 2019 SC 1058 : 2019 (3) Scale 894 Crl.A. No. 312 of 2010 19-02-2019

Education - Closure of School - The students presently enrolled in the Ashram school run by the appellant would be put to great prejudice if the school is to be closed as a result of dismissal of these appeals, it is directed that said school may continue till the academic session 2019-2020. However, the school of the appellant which is presently functioning by virtue of Resolution dated 02.01.2012 shall not be allowed to function from the academic session 2020-2021. U.U. Lalit & Dinesh Maheshwari, JJ. Sant Dnyaneshwar Shikshan Sanstha v. State of Maharashtra, JT 2019 (3) SC 154 : 2019 (4) Scale 1 C.A. No. 9384 of 2014 05-03-2019

Education - Minority Educational Institution - What are the indicia for treating an educational institution as a minority educational institution? Would an institution be regarded as a minority educational institution because it was established by a person(s) belonging to a religious or linguistic minority or its being administered by a person(s) belonging to a religious or linguistic minority? Referred to a Bench of Hon’ble Seven Judges. Ranjan Gogoi (CJI), L. Nageswara Rao & Sanjiv Khanna, JJ. Aligarh Muslim University v. Naresh Agarwal, 2019 (3) Scale 330 C.A. No. 2286 of 2006 12-02-2019

Education - the students who have been admitted to this particular private Institute, namely, Himalayan Institute of Medical Sciences, will pay whatever fees they have to pay in law both as of today and in future. It is only on this express premise that the students have been permitted to begin/continue their studies at this Institute. R.F. Nariman & Navin Sinha, JJ. Sourabh Brala v. Union of India, 2019 (5) Scale 274 W.P. (C) No. 571 of 2018 19-02-2019

Education Law - Whether the appellant institution had applied to the respondent no. 1, Madhya Pradesh Nurses Registration Council within the last date, which was 22nd December, 2018 or not, and if so applied, whether the same was complete in all respects. Rohinton Fali Nariman & Vineet Saran, JJ. Bateswari Dayal Mishr Shiksha Samiti v. Madhya Pradesh Nurses Registration Council, C.A. No. 3137 of 2019 15-03-2019

Electricity Act, 2003 - S. 2(18) - Special Economic Zones Act, 2005 - S. 26 - Power Purchase Agreements [PPAs] - Article 13 - Change in Law - Application and Principles for computing impact of - Notification of - Tariff Adjustment Payment - Adjustment in monthly tariff payment has to be effected from the date on which the exemptions given were withdrawn. R.F. Nariman & Navin Sinha, JJ. Uttar Haryana Bijli Vitran Nigam Ltd. (UHBVNL) v. Adani Power Ltd. C.A. No. 5865 of 2018 25-02-2019

Electricity Act, 2003 - S. 67 - Board is statutorily empowered to undertake all actions necessary for transmission or supply of electricity, subject to the procedure under the Act. Ashok Bhushan & Indu Malhotra, JJ. State of Jharkhand Department of Energy Through Its Law Officer v. Surendra Kumar Srivastava, AIR 2019 SC 231 : JT 2019 (1) SC 334 : 2019 (1) Scale 140 C.A. No. 21 of 2019 03-01-2019

Electricity Act, 2003 - Ss. 135 & 152 - Criminal P.C. 1973 - Ss. 41 & 482 - Theft of Electricity - Compounding of offences - Settlement arrived at between the parties - Quashing of the FIR - the issue in question needs to be decided in the light of Section 152 of the Act, which deals with compounding of offences under the Act - High Court did not examine the issue in the light of Section 152 of the Act - remanded the case to the High Court to examine the issue afresh keeping in view the provisions of Section 152 of the Act. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Mukesh Chand v. State (Nct) of Delhi, JT 2019 (3) SC 308 Crl.A. No. 469 of 2019 12-03-2019

Employee’s Compensation Act, 1923 - Workmen’s Compensation (Amendment) Act, 2009 - Doctrine of “notional extension” - Rejection of their claim for compensation - Merely because the deceased was coming down the roof of the bus after having his meal, cannot be considered in isolation and interpreted so myopically to hold that he was off duty and therefore would not be entitled to compensation. Arun Mishra & Navin Sinha, JJ. Leela Bai v. Seema Chouhan, AIR 2019 SC 586 : JT 2019 (3) SC 133 : 2019 (1) SCALE 566 C.A. No. 931 of 2019 22-01-2019

Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Employees' Provident Funds Scheme, 1952 - Relevant Stipulations in the Scheme - Objects and Reasons behind the Act of 1952 - Relevant Provisions - Discussed. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Modern Transportation Consultation Services Pvt. Ltd. v. Central Provident Fund Commissioner Employees Provident Fund Organisation, C.A. No. 7698 of 2009 26-03-2019

Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 - Ss. 2(b)(ii) r/w. 6 - If the special allowances paid by an establishment to its employees would fall within the expression “basic wages” for computation of deduction towards Provident Fund. Arun Mishra & Navin Sinha, JJ. Regional Provident Fund Commissioner (II) West Bengal v. Vivekananda Viyamandir, JT 2019 (3) SC 45 : 2019 (3) Scale 831 C.A. No. 6221 of 2011 28-02-2019

Employment Law - there is no indefeasible right for appointment merely because a candidate is found fit on the basis of a selection. S.A. Bobde, L. Nageswara Rao & R. Subhash Reddy, JJJ. State of Manipur v. Takhelmayum Khelendro Meitei, 2019 (2) SCALE 1 C.A. No. 842 of 2019 17-01-2019

Environment (Protection) Act, 1986 - S. 3 (3) - Municipal Corporation Act, 1994 (Haryana) - Ss. 43, 87, 88, 177, 193, 194, 195, 196 & 205 - Obligatory functions of Corporation - Supply of water to connected premises - Public drains etc. to vest in Corporation - Control of drain and sewage disposal works - Certain matters not to be passed into municipal drains - Application by owners and occupiers to drain into municipal drain - Connection with water works and drains not to be made without permission - the Corporation was well within its right to claim user charges for the use of Municipal drains for discharge of waste water from the tubewells installed by the Schools. D.Y. Chandrachud & Hemant Gupta, JJ. Municipal Corporation, Faridabad v. Modern School, Faridabad, AIR 2019 SC 919 : 2019 (2) MLJ 477 : 2019 (1) RCR (Civil) 1003 : 2019 (2) Scale 688 C.A. No. 1555 of 2019 08-02-2019

Environmental Law - Airports - Scheme of the 2006 notification and the Guidance manual for Airports - EIA process - Guidance manual for airports - Forests - Ecologically Sensitive Zones (ESZs) - Sampling Points - Air Quality - Water Quality - Noise Quality - Flora and Fauna - Felling of Trees - Public Consultation - Appraisal by the EAC - The appellate jurisdiction of the NGT: the requirement of a merits review - Environmental Rule of Law - Directions. D.Y. Chandrachud & Hemant Gupta, JJ. Hanuman Laxman Aroskar v. Union of India, C.A. No. 12251 of 2018 29-03-2019

Environmental Law - National Green Tribunal Act, 2010 - Air (Prevention and Control of Pollution) Act, 1981 - Water (Prevention and Control of Pollution) Act, 1974 - S. 18 - the State Government order made under Section 18 of the Water Act, not being the subject matter of any appeal under Section 16 of the NGT Act, cannot be “judicially reviewed” by the NGT. The NGT has no general power of judicial review akin to that vested under Article 226 of the Constitution of India possessed by the High Courts of this country. R.F. Nariman & Navin Sinha, JJ. Tamil Nadu Pollution Control Board v. Sterlite Industries (i) Ltd., AIR 2019 SC 1074 : 2019 (3) Scale 721 C.A. No. 4763 of 2013 18-02-2019

Equity - Comparative Convenience - Principles of - The party seeking the remedy has to make out a prima facie case on merits, and has to satisfy the court that there is some basis to its claim regarding the existence of his right. Further, the court must balance the comparative hardship or mischief which is likely to occur from withholding the relief, against that which would likely arise from granting it. It has to be further established that noninterference by the court would result in “irreparable injury” to the party seeking relief and that there is no other remedy available to the party except to grant the relief sought. N.V. Ramana & Mohan M. Shantanagoudar, JJ. Lullu Vas (Since Deceased) Through Lrs. v. State of Maharashtra, 2019 (3) Scale 653 C.A. No. 1973 of 2019 22-02-2019

Essential Commodoties Act, 1955 - S.3 - Sugarcane (Control) Order, 1966 - Cl. 6 & 11 - Whether the State Government or its authority i.e. the Cane Commissioner can reserve an area within the State to feed the sugarcane requirement of a factory located outside the State - Held, the State Government would be empowered to reserve an area within its boundaries, even though a factory which is to be fed by the sugarcane grown in that area or purchased from that area may be outside the State. Ranjan Gogoi (CJI), Deepak Gupta & Sanjiv Khanna, JJ. Lakshmi Sugar Mill, Uttaranchal v. State Of Uttar Pradesh, 2019 (2) SCALE 443 C.A. No. 5955 of 2005 30-01-2019

Evidence Act, 1872 - Section 27 - Recovery - It is not the discovery of every fact that is admissible but the discovery of relevant fact is alone admissible. Relevancy is nothing but the connection or the link between the facts discovered with the crime. A.K. Sikri, S. Abdul Nazeer & M.R. Shah, JJJ. Digamber Vaishnav v. State of Chattisgarh, 2019 (4) Scale 254 Crl.A. No. 428 of 2019 05-03-2019

Evidence Act, 1872 - Section 4 - "conclusive proof" - When the enactment enjoins that any evidence would be treated as a conclusive proof of certain factual situation or legal hypothesis, the law would forbid other evidence to be adduced for the purpose of contradicting or varying the aforesaid conclusiveness. S. Abdul Nazeer & Deepak Gupta, JJ. State of Kerala v. Mohammed Basheer, 2019 (1) KLT 386 : 2019 (1) SCALE 588 C.A. No. 10075 of 2014 22-01-2019

Evidence Law - ‘Interested’ and ‘Related’ Witnesses - A related witness cannot be said to be an ‘interested’ witness merely by virtue of being a relative of the victim. L. Nageswara Rao & Mohan M. Shantanagoudar, JJ. Md. Rojali Ali v. State of Assam, Ministry of Home Affairs Thru The Secretary, 2019 (3) Scale 877 Crl.A. No. 1839 of 2010 19-02-2019

Evidence Law - Testimony being natural and consistent and without any contradiction as against the version stated in FIR, the same deserves to be believed. Abhay Manohar Sapre & Indu Malhotra, JJ. Satya Raj Singh v. State of Madhya Pradesh, JT 2019 (2) SC 1 : 2019 (2) SCALE 161 Crl.A. No. 1314 of 2013 28-01-2019

Evidence Law - The general principle of appreciation of evidence is that even if some part of the evidence of witness is found to be false, the entire testimony of the witness cannot be discarded. Sanjay Kishan Kaul & Hemant Gupta, JJ. Mahendran v. State of Tamil Nadu, 2019 (4) Scale 707 Crl.A. No. 1266 of 2010 21-02-2019

Excise Act, 1915 - S. 18 - Country Spirit Rules, 1995 (Madhya Pradesh) - R. 3 - Power to grant lease of right to manufacture, etc. - Grant of Licence - Request for grant of a CS-1 license - State must comply with the equality clause while granting the exclusive right or privilege of manufacturing or selling liquor. L. Nageswara Rao & M.R. Shah, JJ. Gwalior Distilleries Pvt. Ltd v. State of Madhya Pradesh, C.A. No. 1701 of 2019 15-02-2019

Excise Duty - National Calamity Contingent Duty (‘NCCD’) - Once the excise duty is exempted, NCCD, levied as an excise duty cannot partake a different character and, thus, would be entitled to the benefit of the exemption notification. L. Nageswara Rao & Sanjay Kishan Kaul, JJ. Bajaj Auto Limited v. Union of India, C.A. No. 3239 of 2019 27-03-2019

Fair Trial - All the contesting parties to the suit must get fair opportunity to contest the suit on merits in accordance with law. A decision rendered by the Courts in an unsatisfactory conducting of the trial of the suit is not legally sustainable. It is regardless of the fact that in whose favour the decision in the trial may go. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Rajinder Tiwari v. Kedar Nath, C.A. No. 3282 of 2019 28-03-2019

Family Courts Act, 1984 - Ss. 6 & 12 - Family Courts (Procedure) Rules, 1992 – R. 8 - Who is the “Counsellor” - Procedure to be followed to arrive at a settlement - Assistance of Medical and Welfare Experts - Guardianship of any child or children - Ground of Confidentiality - the normal principle of confidentiality will not apply in matters concerning custody or guardianship issues. Abhay Manohar Sapre & U.U. Lalit, JJ. Perry Kansagra v. Smriti Madan Kansagra, JT 2019 (2) SC 426 : 2019 (3) Scale 573 C.A. No. 1694 of 2019 15-02-2019

Foreign Exchange Management Act, 1999 - the appellate forum for deciding the appeals arising out of the order passed under Section 51 of FERA whether filed prior to 01.06.2000 or filed after 01.06.2000 must be the same, i.e., Appellate Tribunal under FEMA. Abhay Manohar Sapre & Indira Banerjee, JJ. Union of India v. Premier Limited, 2019 (2) SCALE 373 C.A. No. 3529 of 2008 29-01-2019

Foreign Service - Indian Foreign Service (Pay, Leave, Compensatory Allowance and other Conditions of Service) Rules, 1981 - Meaning of the term “civilian counterparts” - there were no valid grounds for the High Court while passing the impugned judgment to grant parity between the Bhutan Compensatory Allowance (BCA) payable to Indian Military Training Team (IMTRAT) personnel and the Foreign Allowance (FA) payable to Ministry of External Affairs (MEA) personnel. N.V. Ramana & Mohan M. Shantanagoudar, JJ. Union of India thr. Cabinet Secretary v. Captain Gurdev Singh, 2019 (3) Scale 93 C.A. No. 2763 of 2009 11-02-2019

Foreigner - Whether the appellant herein has been declared to be a foreigner incorrectly. Held, It is not possible to state that Kematullah is not the same despite being named Kefatullah in some of the documents. This being so, the grandfather’s identity, father’s identity etc. has been established successfully by the appellant. Further, the mere fact that the father may later have gone to another village is no reason to doubt this document. R.F. Nariman & Vineet Saran, JJ. Sirajul Hoque v. State of Assam, 2019 (4) Scale 586 Crl.A. No. 267 of 2019 14-02-2019

Forest (Conservation) Act, 1980 - It would be necessary for this Court to put in place an administrative mechanism that would ensure that a decision to release water for industrial purposes is monitored by the Collector of the District who shall conduct a due verification of the data which is available with the TWAD Board. The Collector should independently assess the situation so as to ensure that the need for drinking water and irrigation is not compromised. D.Y. Chandrachud & Hemant Gupta, JJ. M/s. Southern Petrochemical Industries Corpn. Ltd. v. S. Joel, 2019 (3) Scale 303 C.A. No. 11935 of 2018 04-02-2019

Forest Act, 1927 - Ss. 41, 52 & 52A - Wildlife Protection Act, 1972 - Ss. 27, 29, 39(1)(d), 51 & 52 - Criminal P.C. 1973 - Ss. 451 & 482 - Order for custody and disposal of property pending trial in certain cases - The jurisdiction under Section 451 of the CrPC was not available to the Magistrate, once the Authorised Officer initiated confiscation proceedings. D.Y. Chandrachud & Hemant Gupta, JJ. State of Madhya Pradesh v. Uday Singh, Crl.A. No. 524 of 2019 26-03-2019

Forest Law - Private Forests (Vesting and Assignment) Act, 1971 (Kerala) - S. 8 - No forest trees are found in the schedule property - the schedule property is not a private forest as defined under the KPF Act. S. Abdul Nazeer & Deepak Gupta, JJ. State of Kerala v. Padalooiyil Mary Antony, JT 2019 (2) SC 479 : 2019 (1) SCALE 586 C.A. No. 10563 of 2014 22-01-2019

Guardians & Wards Act, 1890 – Divorce and custody battles can become quagmire and it is heart wrenching to see that the innocent child is the ultimate sufferer who gets caught up in the legal and psychological battle between the parents. A.M. Khanwilkar & Ajay Rastogi, JJ. Lahari Sakhamuri v. Sobhan Kodali, C.A. No. 3135 of 2019 15-03-2019

Hindu Minority & Guardianship Act, 1956 - Section 8 - Powers of natural guardian - transfer of immovable property by a registered deed by a natural guardian of minor - Whether a transferee from a minor after he attained majority, can file a suit to set aside the alienation made by the minor’s guardian or the said right is one to be exercised only by the minor? Ashok Bhushan & K.M. Joseph, JJ. Murugan v. Kesava Gouner, JT 2019 (3) SC 54 : 2019 (3) Scale 627 C.A. No. 1782 of 2019 25-02-2019

Hindu Succession Act, 1956 - S. 22 - Preferential right to acquire property in certain cases - Scope and Applicability of - Whether preferential right given to an heir of a Hindu under said Section 22 will be inapplicable if the property in question is an agricultural land ? Held, the preferential right given to an heir of a Hindu under Section 22 of the Act is applicable even if the property in question is an agricultural land. Uday Umesh Lalit & M.R. Shah, JJ. Babu Ram v. Santokh Singh, C.A. No. 2553 of 2019 07-03-2019

Hindu Succession Act, 1956 - S. 30 - Testamentary Succession - Section 30 of the Act permits the disposition by way of Will of a male Hindu in a Mitakshara coparcenary property. A.M. Khanwilkar & Ajay Rastogi, JJ. Radhamma v. H.N. Muddukrishna, JT 2019 (1) SC 482 : 2019 (1) KarLJ 798 : 2019 (1) RCR (Civil) 819 : 2019 (1) SCALE 617 C.A. No. 7092 of 2010 23-01-2019

Identification of Prisoners Act, 1920 - Discarding the Fingerprint Evidence - Absence of a magisterial order casts doubts on the credibility of the fingerprint evidence, especially with respect to the packing and sealing of the tumblers on which the fingerprints were allegedly found, given that the attesting witnesses were not independent witnesses, being the family members of the deceased - cannot rule out the possibility of tampering and postfacto addition of fingerprints. N.V. Ramana & Mohan M. Shantanagoudar, JJ. Ashish Jain v. Makrand Singh, AIR 2019 SC 546 : 2019 (1) Crimes 28 : JT 2019 (1) SC 342 : 2019 (1) RCR (Criminal) 778 : 2019 (1) Scale 392 Crl.A. No. 1980 of 2008 14-01-2019

Inadvertent Mistake - Application for amendment of the plaint - Inadvertent mistake cannot be refused to be corrected when the mistake is apparent from the reading of the plaint. The Rules of Procedure are handmaid of justice and cannot defeat the substantive rights of the parties. It is well settled that amendment in the pleadings cannot be refused merely because of some mistake, negligence, inadvertence or even infraction of the Rules of Procedure. The Court always gives leave to amend the pleadings even if a party is negligent or careless as the power to grant amendment of the pleadings is intended to serve the ends of justice and is not governed by any such narrow or technical limitations. D.Y. Chandrachud & Hemant Gupta, JJ. Varun Pahwa v. Renu Chaudhary, JT 2019 (3) SC 109 : 2019 (4) Scale 75 C.A. No. 2431 of 2019 01-03-2019

Income Tax Act 1961 - S. 142 (2C) - Interpretation of - the provisions of Section 142 (2C) of the Act, as they stood prior to the amendment which was enacted with effect from 1 April 2008 by the Finance Act, 2008 did not preclude the exercise of jurisdiction and authority by the assessing officer to extend time for the submission of the audit report directed under subsection (2A), without an application by the assessee - the amendment was intended to remove an ambiguity and is clarificatory in nature. D.Y. Chandrachud & Hemant Gupta, JJ. Commissioner of Income Tax, New Delhi v. Ram Kishan Dass, C.A. No. 3211 of 2019 26-03-2019

Income Tax Act, 1961 - Chap. XV, S. 260­A - Companies Act, 1956 - S. 560(5) - "liability in special cases" - "discontinuance of business or dissolution" - How and in what manner the liability against Companies, whose name has been struck of is required to be dealt with - the High Court dismissed the appeal on the ground that it has rendered infructuous because it was brought to its notice that the name of the company has been struck off from the Register of the Company - Since the High Court did not decide the appeal keeping in view the relevant provisions, the impugned order is not legally sustainable and has to be set aside. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Commissioner of Income Tax, Jaipur v. Gopal Shri Scrips Pvt. Ltd., JT 2019 (3) SC 329 C.A. No. 2922 of 2019 12-03-2019

Income Tax Act, 1961 - Issue relating to waiver of interest payable under Sections 234A , 234B, and 234C of the Act. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Kakadia Builders Pvt. Ltd. v. Income Tax Officer Ward 1 (3), 2019 (4) Scale 20 C.A. No. 2491 of 2019 05-03-2019

Income Tax Act, 1961 - S. 12AA - Registered Trust - Bogus Donations. R. Banumathi & R. Subhash Reddy, JJ. Commissioner of Income Tax (Exemptions), Kolkata v. Jagannath Gupta Family Trust, JT 2019 (2) SC 117 : 2019 (2) Scale 417 C.A. No. 1381 of 2019 01-02-2019

Income Tax Act, 1961 - S. 35­D - Whether the Bank is an industrial undertaking so as to entitle them to claim deduction under Section 35­D of the Act. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Principal Commissioner of Income Tax-8 v. Yes Bank Ltd., C.A. No. 3148 of 2019 15-03-2019

Income Tax Act, 1961 - S. 80DD - Deduction in respect of maintenance including medical treatment of a dependant who is a person with disability. A.K. Sikri, Ashok Bushan & S. Abdul Nazeer, JJJ. Ravi Agrawal v. Union of India, AIR 2019 SC 318 : JT 2019 (1) SC 11 : 2019 (1) Scale 111 W.P. (C) No. of 2017 03-01-2019

Income Tax Act, 1961 - S. 80HH - Deduction - Computation - Deduction in respect of profits and gains from newly established industrial undertakings or hotel business in backward areas - Deduction @ 20% of ‘profits and gains’ - Deduction has to be of gross profits and gains, i.e., before computing the income as specified in Sections 30 to 43D of the Act. A.K. Sikri, S. Abdul Nazeer & M.R. Shah, JJ. Vijay Industries v. Commissioner of Income Tax, JT 2019 (3) SC 160 : 2019 (4) Scale 79 C.A. No. 1581 of 2005 01-03-2019

Income Tax Act, 1961 - S. 80-IC - Exemption - Period - Whether an assessee who sets up a new industry of a kind mentioned in sub-section (2) of Section 80-IC of the Act and starts availing exemption of 100 per cent tax under sub-section (3) of Section 80-IC (which is admissible for five years) can start claiming the exemption at the same rate of 100% beyond the period of five years on the ground that the assessee has now carried out substantial expansion in its manufacturing unit? A.K. Sikri, S. Abdul Nazeer & M.R. Shah, JJ. Commissioner of Income Tax Shimla v. Aarham Softronics, 2019 (3) Scale 688 C.A. No. 1784 of 2019 20-02-2019

Income Tax Act, 1961 - Section 260A - In the absence of any discussion or / and the reasoning / ground as to why the order of ITAT does not suffer from any illegality and why the grounds of Revenue are not acceptable and why the appeal does not involve any substantial question(s) of law or though framed cannot be answered in Revenue’s favour, the impugned order suffers from jurisdictional errors and, therefore, legally unsustainable for want of compliance of the requirements of sub­sections (4) and (5) of Section 260A of the Act. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Commissioner of Income Tax-I v. Rashtradoot (Huf), JT 2019 (3) SC 77 : 2019 (3) Scale 849 C.A. No. 2362 of 2019 27-02-2019

Income-tax Act, 1961 - S. 68 - Cash Credits - The practice of conversion of un-accounted money through the cloak of Share Capital/Premium must be subjected to careful scrutiny. This would be particularly so in the case of private placement of shares, where a higher onus is required to be placed on the Assessee since the information is within the personal knowledge of the Assessee. The Assessee is under a legal obligation to prove the receipt of share capital/premium to the satisfaction of the AO, failure of which, would justify addition of the said amount to the income of the Assessee. Uday Umesh Lalit & Indu Malhotra, JJ. Principal Commissioner of Income Tax (Central) - 1 v. NRA Iron & Steel Pvt. Ltd., JT 2019 (3) SC 137 : 2019 (4) Scale 25 C.A. No. 2463 of 2019 05-03-2019

Indian Medicine Central Council Act, 1970 - S. 13 (4) - Inspection Reports - Bachelor of Siddha Medicine and Surgery (BSMS Course) - Central Council of Indian Medicine (CCIM) - Assessment of the facilities in 2015- 16 and 2016-17 cannot be done by inspection in 2018. L. Nageswara Rao & Sanjay Kishan Kaul, JJ. Secretary, Govt. of India, Ministry of Health & Family Welfare, Dept. of Ayush v. A.T.S.V.S. Siddha Medical College & Hospital, 2019 (2) Scale 683 M.A. No. 2867 of 2018 08-02-2019

Industrial Disputes Act, 1947 - S. 10 - Factual controversy cannot be adjudicated in OA by the Tribunal or by the High Court in a writ petition. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Sunil Kumar Biswas v. Ordinance Factory Board, C.A. No. 3290 of 2019 29-03-2019

Industrial Disputes Act, 1947 - S. 10 (1) - Every party to a lis has a right to contest the case on merits. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Bundi Zila Petrol Pump Dealers Association Bundi v. Sanyojak Bundi Zila Petrol Pump Mazdoor Sangh (B.M.S.), 2019 (3) Scale 357 C.A. No. 2784 of 2009 12-02-2019

Industrial Disputes Act, 1947 - S. 11A - Daily Wager - Termination - lump sum monetary compensation. Abhay Manohar Sapre & Indu Malhotra, JJ. State of Uttarakhand v. Raj Kumar, AIR 2019 SC 310 : JT 2019 (1) SC 196 : 2019 (1) Scale 206 C.A. No. 124 of 2019 07-01-2019

Industrial Disputes Act, 1947 - S. 17B - Payment of full wages to workman pending proceedings in higher courts - If the Court/Tribunal, eventually upholds the termination order as being legal against the workman, yet the employer will have no right to recover the amount already paid by him to the delinquent workman pursuant to order passed under Section 17­B of the ID Act during pendency of these proceedings. Dilip Mani Dubey v. Siel Ltd., JT 2019 (3) SC 345 C.A. No. 7545 of 2009 12-03-2019

Industrial Disputes Act, 1947 - S. 25 (H) – Industrial Disputes (Central) Rules, 1957 - Rule 78 - Re-employment on the Post - Distinction between the expression ‘employment’ and ‘regularization of the service” - The expression ‘employment’ signifies a fresh employment to fill the vacancies whereas the expression ‘regularization of the service’ signifies that the employee, who is already in service, his services are regularized as per service regulations. Abhay Manohar Sapre & R. Subhash Reddy, JJ. Management of Barara Cooperative Marketing Cum Processing Society Ltd. v. Workman Pratap Singh, AIR 2019 SC 228 : JT 2019 (1) SC 7 : 2019 (1) LLJ 257 : 2019 (1) Scale 60 C. A. No. 7 of 2019 02-01-2019

Injunction - Violation of the order of injunction is a serious matter and unless there is a clear evidence that the party has wilfully disobeyed the order of the court, the party cannot be punished for disobedience and sent to imprisonment. R. Banumathi & R. Subhash Reddy, JJ. Ramasamy v. Venkatachalapathi, 2019 (1) RCR (Civil) 918 C.A. No. 932 of 2019 22-01-2019

Injunction - When the plaintiff's injunction application stood dismissed by the Trial Court and the same was not carried in appeal at his instance, the same could not have been revived by the High Court in a writ petition filed by the plaintiff. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Shri Revansiddeshwar Pattan Sahakari Bank Niyamit v. Taluka Tokrekoli, JT 2019 (3) SC 6 : 2019 (3) Scale 600 C.A. No. 2013 of 2019 25-02-2019

Insolvency and Bankruptcy Code, 2016 - A resolution plan which has been approved or rejected by an order of the Adjudicating Authority, has to be sent to “participants” which would include members of the erstwhile Board of Directors. Rohinton Fali Nariman & Navin Sinha, JJ. Vijay Kumar Jain v. Standard Chartered Bank, JT 2019 (2) SC 583 : 2019 (1) RCR (Civil) 865 : 2019 (2) SCALE 352 C.A. No. 8430 of 2018 31-01-2019

Insolvency and Bankruptcy Code, 2016 - Constitutional validity of various provisions. R.F. Nariman & Navin Sinha, JJ. Swiss Ribbons Pvt. Ltd. v. Union of India, JT 2019 (2) SC 125 : 2019 (2) SCALE 5 W.P. (C) No. of 2018 25-01-2019

Insolvency and Bankruptcy Code, 2016 - the NCLAT has justly concluded in the impugned decision that the resolution plan of the concerned corporate debtor(s) has not been approved by requisite percent of voting share of the financial creditors; and in absence of any alternative resolution plan presented within the statutory period of 270 days, the inevitable sequel is to initiate liquidation process under Section 33 of the Code. That view is unexceptional. Resultantly, the appeals must fail. A.M. Khanwilkar & Ajay Rastogi, JJ. K. Sashidhar v. Indian Overseas Bank, AIR 2019 SC 1329 : 2019 (3) Scale 6 C.A. No. 10673 of 2018 05-02-2019

Insurance Law - Accident - Disease - In order to constitute an accident, the event must be in the nature of an occurrence which is unnatural, unforeseen or unexpected. Where a disease is caused or transmitted in the natural course of events, it would not be covered by the definition of an accident. However, in a given case or circumstance, the affliction or bodily condition may be regarded as an accident where its cause or course of transmission is unexpected and unforeseen. D.Y. Chandrachud & Hemant Gupta, JJ. National Insurance Co. Ltd. v. Mousumi Bhattacharjee, JT 2019 (3) SC 532 C.A. No. 2614 of 2019 26-03-2019

Insurance Law - Except in cases where the agreement on part of the Insurance Company is brought about by fraud, coercion or misrepresentation or cases where principle of uberrima fide is attracted, the parties are bound by stipulation of a particular figure as sum insured. Uday Umesh Lalit & R. Subhash Reddy, JJ. Sumit Kumar Saha v. Reliance General Insurance, 2019 (2) SCALE 253 C.A. No. 1299 of 2019 30-01-2019

Interest on Delayed Payment to Small Scale and Ancillary Industrial Undertakings Act, 1993 - Act shall apply with regard to supplies made after the date of enforcement of Act i.e. 23.03.1992. A.K. Sikri, Ashok Bhushan & S. Abdul Nazeer, JJ. Shanti Conductors (P) Ltd. v. Assam State Electricity Board, JT 2019 (1) SC 486 : 2019 (1) SCALE 747 C.A. No. 8442 of 2016 23-01-2019

Judgment - Applications for recall of the Judgment - Arithmetical errors in the Judgment - The modifications set out in para 9 shall be effected in the Judgment and a corrected copy shall again be uploaded by the Registry. Any certified copy of the Judgment issued hereafter must reflect the modifications as set out in para 9 of this order. U.U. Lalit & D.Y. Chandrachud, JJ. Hukum Singh v. State of Haryana, 2019 (2) Scale 662 S.L.P. (C) No. 4354 of 2019 08-02-2019

Judicial Remarks - Disparaging remarks / strictures coupled with the directions of how one should behave and pass orders was unnecessary in the facts of this case, and nor they were germane for deciding the lis between the parties. Such remarks/strictures, therefore, should not have been made. They are accordingly expunged and stand deleted from the impugned order. Abhay Manohar Sapre & Indu Malhotra, JJ. Mahadevappa v. State of Karnataka Tr. Pub. Prosecutor, JT 2019 (1) SC 377 : 2019 (1) Scale 408 Crl.A. No. 1261 of 2008 07-01-2019

Judicial Service - Cut-off date - the validity of the Rule cannot be made to depend on cases of individual hardship which inevitably arise in applying a principle of general application. D.Y. Chandrachud & Hemant Gupta, JJ. Hirandra Kumar v. High Court of Judicature at Allahabad, 2019 (2) Scale 752 W.P. (C) No. 1343 of 2018 29-01-2019

Judicial Service - The Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955 - Rule 5A(3) clearly provides that only 10% of the total number of candidates appeared have to be called for final written examination as per the rounding off provided in rule 5A(3) of the Rules - No useful purpose is going to be served by restricting the number of candidates for final written examination - Rule 5A(3) of the Rules is struck down. Arun Mishra & Navin Sinha, JJ. Rahul Dutta v. State of Bihar, 2019 (4) Scale 580 W.P. (C) No. 71 of 2019 14-02-2019

Judicial Services - Adhoc Fast Track Court - District Judge - Rules of Andhra Pradesh State High Judicial Service Special Rules for Ad hoc appointment 2001 - Rule 6. A.K. Sikri & S. Abdul Nazeer, JJ. High Court of Hyderabad For State of Telangana and State of Andhra Pradesh, Thr. Its Registrar General Etc. v. P. Murali Mohana Reddy, JT 2019 (2) SC 5 : 2019 (2) SCALE 115 C.A. No. 73 of 2019 25-01-2019

Judiciary - What should be the role of the higher judiciary in making adverse remarks and passing strictures against the judicial/administrative authorities, whose order/action is under challenge - the higher judiciary must avoid as far as possible from making any disparaging harsh remarks and strictures against any judicial/administrative officer while examining their action/order impugned in the judicial proceedings. Abhay Manohar Sapre & Indu Malhotra, JJ. Manish S. Pardasani v. Inspector State Excise, JT 2019 (1) SC 245 : 2019 (1) Scale 184 C.A. No. 126 of 2019 07-01-2019

Juvenile Justice (Care and Protection of Children) Act, 2015 - Ss. 57, 58 & 59 - Adoption - Eligibility of prospective adoptive parents - Procedure for adoption by Indian prospective adoptive parents living in India - Procedure for inter-country adoption of an orphan or abandoned or surrendered child - Seniority of the prospective adoptive parents - Before expiry of sixty days, child could not have been offered for adoption to parents, who are eligible for adoption under Section 59 - the statutory procedure and the statutory regime, which is prevalent as on date and is equally applicable to all aspirants, i.e., Indian prospective adoptive parents and prospective adoptive parents for inter-country adoption. Ashok Bhushan & K.M. Joseph, JJ. Union of India v. Ankur Gupta, 2019 (3) Scale 801 C.A. No. 2017 of 2019 25-02-2019

Labour Law - the respondent was held to have worked as daily wager or muster role employee hardly for a few years - no right to claim regularization & continue as daily wager - the dispute was raised by the workman before the Labour Court almost after 15 years of his alleged termination - it would be just, proper and reasonable to award lump sum monetary compensation to the respondent in full and final satisfaction of his claim of re­instatement and other consequential benefits. Abhay Manohar Sapre & Indu Malhotra, JJ. Deputy Executive Engineer v. Kuberbhai Kanjibhai, AIR 2019 SC 517 : JT 2019 (1) SC 131 : 2019 (1) Scale 169 C.A. No. 5810 of 2009 07-01-2019

Labour Law - Whether the Directors of Company, who are receiving remuneration, come within the purview of “employee” under sub-section (9) of Section 2 of the Employees' State Insurance Act, 1948 ? Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Employees' State Insurance Corporation v. Venus Alloy Pvt. Ltd., AIR 2019 SC 807 : 2019 LLR 237 : 2019 (2) Scale 481 C.A. No. 1464 of 2019 05-02-2019

Land Acquisition - the landowners will be entitled to withdraw 50% of the awarded sum on furnishing solvent security to the satisfaction of the High Court and remaining 50% amount shall be invested in FDR Scheme in any Nationalized Bank in the name of the Registrar of the High Court. The withdrawal and deposit shall be subject to the result of the appeals. Depending upon the final outcome of the appeals, the amount, which is allowed to be withdrawn by the landowners and which is deposited in the Bank including the interest earned thereon, will be adjusted/given, as the case may be, to the parties concerned as directed in the final order. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Greater Mohali Area Development Authority (GMDA) Thr. Its Estate Officer v. Arminderjit Kaur, 2019 (4) Scale 620 C.A. No. 2383 of 2019 26-02-2019

Land Acquisition Act, 1894 - S. 4 - Principles laid down by Apex Court for the purpose of deductions to be made on the market value. L. Nageswara Rao & M.R. Shah, JJ. Mahanti Devi v. Jaiprakash Associates Ltd., 2019 (2) Scale 686 C.A. No. 1572 of 2019 08-02-2019

Land Acquisition Act, 1894 - S. 4 - the comparable sale transactions of small extents of land which were brought on record by the Claimants are not a proper indicia for determining the market value. L. Nageswara Rao & M.R. Shah, JJ. Balwant Singh (d) Thr Lrs. Gurbinder Singh v. State of Haryana, 2019 (4) Scale 542 C.A. No. 2736 of 2019 11-03-2019

Land Acquisition Act, 1894 - S. 4 - Whether the landowner is entitled to claim enhancement in the rate of compensation awarded by the High Court. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Rameshwar Dass v. State of Punjab, C.A. No. 3024 of 2019 14-03-2019

Land Acquisition Act, 1894 - S. 4 (1) - Appellant has not produced any document to substantiate its contention that the writ petitioners are not the title holders of the land. On the other hand the writ petitioners have produced their title deeds in relation to the said land. The appellant is not justified in contending that the writ petitioners are not the title holders of the land. A.K. Sikri, S. Abdul Nazeer & M.R. Shah, JJ. New Okhla Industrial Development Authority v. Lt. Col. J.B. Kuchhal (dead), 2019 (4 ) Scale 214 C.A. No. 2478 of 2019 05-03-2019

Land Acquisition Act, 1894 - S. 4(1) - Contention that the date for determining the compensation should be the date on which the Land Acquisition Officer passed the award. This argument does not have any basis and is, therefore, not acceptable for the simple reason that such date is not provided either in the old Act, 1894 or in the Act, 2013. Abhay Manohar Sapre & R. Subhash Reddy, JJ. Hori Lal v. State of Uttar Pradesh, 2019 ALT (Rev) 30 : 2019 (1) RCR (Civil) 968 : 2019 (2) Scale 479 C.A. No. 1462 of 2019 05-02-2019

Land Acquisition Act, 1894 - Section 28A - The idea under Section 28A is certainly to extend benefit of equal compensation to landholders who, for some reasons had not preferred appropriate applications for Reference in time but for a company having profile such as the petitioner, inaction on the front followed by delay in filing petition in the High Court disentitles the petitioner from claiming any relief under Article 226 of the Constitution. Uday Umesh Lalit & Hemant Gupta, JJ. Model Eonomic Township Ltd v. Land Acquisition Collector, JT 2019 (3) SC 39 : 2019 (3) Scale 765 S.L.P. (C) No. 618 of 2018 26-02-2019

Land Acquisition Act, 1894 - Section 4 (1). R. Banumathi & R. Subhash Reddy, JJ. U.P. Avas Evam Vikas Parishad v. Ganga Saran (dead) Thr. Lrs. C.A. No. 2562 of 2019 26-02-2019

Land Acquisition Act, 1894 - Ss. 4, 23 & 18 - Reference - Market Value - Commercial Potential. U.U. Lalit & D.Y. Chandrachud, JJ. Wazir v. State of Haryana, 2019 (1) RCR (Civil) 702 : 2019 (1) Scale 364 C.A. No. 264 of 2019 11-01-2019

Land Law - Compensation for Tenants Improvements Act 1958 (Kerala) - A claim under Section 4 (1) has to be addressed to the court which passes a decree for eviction - the failure to raise a claim would result in the application of the principle of constructive res judicata both having regard to the provisions of Sections 4 and 5 of the Act of 1958 and to the provisions of Order XXI Rules 97 to 101 of the CPC. D.Y. Chandrachud & Hemant Gupta, JJ. Asgar v. Mohan Varma, 2019 (2) Scale 530 C.A. No. 1500 of 2019 05-02-2019

Land Law - Every person, who on the date immediately preceding the appointed date, was recorded as occupant of the land held by a hissedar or a khaikar as such in the last revision of records made under Chapter IV of the U.P. Land Revenue Act, 1901 shall be called Asami of land and entitled to take or retain possession thereof. For acquiring right under Section 10 sub-clause (e) it has to be established that person claiming Asami right was recorded as occupant of land. Ashok Bhushan & K.M. Joseph, JJ. Dharam Singh (d) Thr. Lrs. v. Prem Singh (d) Thr. Lrs. 2019 (2) Scale 583 C.A. No. 516 of 2009 05-02-2019

Land Law - Mutation of a land in the revenue records does not create or extinguish the title over such land nor it has any presumptive value on the title. It only enables the person in whose favour mutation is ordered to pay the land revenue in question. Abhay Manohar Sapre & R. Subash Reddy, JJ. Bhimabai Mahadeo Kambekar v. Arthur Import & Export, JT 2019 (2) SC 92 : 2019 (2) SCALE 336 C.A. No. 1330 of 2019 31-01-2019

Land Law - U.P. Consolidation of Holdings Act, 1953 - U.P. Zamindari Abolition & Land Reforms Act, 1950 - Section 176 - Holding of a bhumidhar or sirdar divisible. Ashok Bhushan & K.M. Joseph, JJ. Hansraj v. Mewalal, AIR 2019 SC 646 : 2019 (1) SCALE 312 C.A. No. 87 of 2019 09-01-2019

Land Law - U.P. Imposition of Ceiling of Land Holdings Act, 1960 - S. 10 (2) - Issue relating to vesting of the land in question alive which stood vested in the State in the year 1981 itself. Indeed the excess land measuring 2.90 acres is no more available having stood vested with the State in 1981. There is no ground available to the appellants to revive the ceiling proceedings by taking recourse to filing one application or the other including the one under consideration. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Sheetla Devi v. State of Uttar Pradesh Collector / District Magistrate, C.A. No. 6403 of 2009 12-03-2019

Land Law - U.P. Zamindari Abolition and Land Reforms Act, 1950 - Sections 134, 137 - Acquisition of bhumidhari rights by a sirdar - Grant of certificate. Rakesh v. Board of Revenue U.P., 08-03-2019 JT 2019 (3) SC 409 : 2019 (4) Scale 521

Land Law - Urban Land (Ceiling and Regulation) Act, 1976 - Jurisdiction of the Civil Courts to try the civil Suits with respect to the lands, which were subjected to ceiling proceedings under the Act, are held to be impliedly barred, since the Act excludes the jurisdiction of the Civil Court. Abhay Manohar Sapre & Indu Malhotra, JJ. Competent Authority Calcutta, under the Land (Ceileing and Regulation) Act, 1976 v. David Mantosh, JT 2019 (3) SC 506 : 2019 (3) Scale 778 C.A. No. 10629 of 2014 26-02-2019

Land Law - Whether the land recorded as ‘Charnoi’ i.e. Common land for grazing of cattle of villagers vests in State on abolition of intermediaries on 02.10.1951 or it was saved from vesting in favour of proprietor being grove under section 5(f) of the Madhya Bharat Abolition of Zamindari Act. Arun Mishra & Navin Sinha, JJ. Chattar Singh v. Madho Singh, 2019 (4) Scale 625 C.A. No. 8718 of 2012 06-02-2019

Legislation - Power to frame regulations is of a legislative nature. A body which is entrusted with the task of framing subordinate legislation has a range of options including policy options. If on an appraisal of all the guiding principles, it has chosen a particular line of logic or rationale, this Court ought not to interfere. D.Y. Chandrachud & Hemant Gupta, JJ. Reliance Infrastructure v. State of Maharashtra, AIR 2019 SC 567 : JT 2019 (1) SC 396 : 2019 (1) SCALE 507 C.A. No. 879 of 2019 21-01-2019

Legitimate Expectation - Unless a legal obligation exists, there cannot be any legitimate expectation. The legitimate expectation is not a wish or a desire or a hope, therefore, it cannot be claimed or demanded as a right. D.Y. Chandrachud & Hemant Gupta, JJ. State of Bihar v. Dr. Sachindra Narayan, 2019 (2) SCALE 327 C.A. No. 884 of 2019 30-01-2019

Limitation Act, 1963 - Art. 54 - the vendee cannot claim that the cause of action for filing the suit has not arisen on the date fixed in contract on the ground that certain conditions in the contract have not been complied with. L. Nageswara Rao & Mohan M. Shantanagoudar, JJ. Urvashi Aggarwal v. Kushagr Ansal, JT 2019 (3) SC 183 : 2019 (4) Scale 180 C.A. No. 2525 of 2019 06-03-2019

Limitation Act, 1963 - Ss. 5 - Second Appeal - Delay of 1942 days - Lawyer did not take timely steps, which resulted in causing delay in its filing / refiling, then, it cannot be regarded as a sufficient cause. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Estate Officer, Haryana Urban Development Authority v. Gopi Chand Atreja, JT 2019 (3) SC 348 C.A. No. 5051 of 2009 12-03-2019

Maintainability - If the plea is not taken in the pleadings by the parties and no issue on such plea was, therefore, framed and no finding was recorded either way by the Trial Court or the First Appellate Court, such plea cannot be allowed to be raised by the party for the first time in third Court whether in appeal, revision or writ, as the case may be, for want of any factual foundation and finding. It is more so when such plea is founded on factual pleadings and requires evidence to prove, i.e., it is a mixed question of law and fact and not pure jurisdictional legal issue requiring no facts to probe. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Deepak Tandon v. Rajesh Kumar Gupta, AIR 2019 SC 924 : JT 2019 (2) SC 259 : 2019 (1) RCR (Rent) 278 : 2019 (2) Scale 733 07-02-2019

Mala Fides - Plea of - Averments by itself do not constitute a plea of mala fides without there being any substantial material in its support. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. V. Krishnamurthy v. State of Tamil Nadu, JT 2019 (3) SC 543 C.A. No. 7703 of 2009 26-03-2019

Maritime Law - ‘ballasting’ a vessel - “deballasting” - “draft” of the vessel - Meaning of. Abhay Manohar Sapre & U.U. Lalit, JJ. Essar Shipping Ltd. v. Board of Trustees for the Port of Calcutta, 2019 (4) Scale 695 C.A. No. 5654 of 2007 15-02-2019

Medical Education - A candidate who has secured minimum marks in the NEET UG-2018 shall be eligible for admission to the 1st year BHMS course for the academic year 2018-19. The Appellants to complete the process of admissions strictly on the basis of the merit by 15th February, 2019. The Managements of the colleges are directed to hold extra classes for students who will be admitted pursuant to this order to comply with the requirements of minimum working days. L. Nageswara Rao & M.R. Shah, JJ. Association of Managements of Homeopathic Medical Colleges of Maharashtra v. Union of India, 2019 (2) Scale 436 C.A. No. 1393 of 2019 01-02-2019

Medical Negligence - Enhancement of Compensation. D.Y. Chandrachud & Hemant Gupta, JJ. Shilaben Ashwinkumar Rana v. Bhavin K. Shash, JT 2019 (2) SC 289 C.A. No. 1442 of 2019 04-02-2019

Medical Negligence - In a specific case where unreasonableness in professional conduct has been proven with regard to the circumstances of that case, a professional cannot escape liability for medical evidence merely by relying on a body of professional opinion. D.Y. Chandrachud & Hemant Gupta, JJ. Arun Kumar Manglik v. Chirayu Health and Medicare Private Ltd., 2019 (3) SCALE 333 C.A. No. 227 of 2019 09-01-2019

Medical Negligence - Quantum of Compensation - Award of compensation cannot go restrictive when the victim is coming from a poor and rural background. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Shoda Devi v. DDU / Ripon Hospital Shimla, JT 2019 (3) SC 194 : 2019 (4) Scale 482 C.A. No. 2557 of 2019 07-03-2019

Medical Negligence - Sympathy cannot translate into a legal remedy. L. Nageswara Rao & Sanjay Kishan Kaul, JJ. Vinod Jain v. Santokba Durlabhji Memorial Hospital, JT 2019 (3) SC 9 : 2019 (3) Scale 794 C.A. No. 2024 of 2019 25-02-2019

Medical Practitioners Act, 1961 (Maharashtra) - Ss. 33 & 36 - Practice of medicine without possessing valid degree or diploma or permission from the Maharashtra Government - the guilt of the appellants has not been proved beyond reasonable doubt and they are entitled to benefit of doubt. R. Banumathi & R. Subhash Reddy, JJ. Dharmendra v. State of Maharashtra, Crl.A. No. 646 of 2010 06-02-2019

Mercy Petition - The mercy petition is the last hope of a person on death row. Every dawn will give rise to a new hope that his mercy petition may be accepted. By night fall this hope also dies. Inordinate and unexplained delay in deciding the mercy petition and the consequent delay in execution of death sentence for years on end is another form of punishment which was awarded by the Court. In cases where death sentence has to be executed the same should be done as early as possible and if mercy petitions are not forwarded for 4 years and no explanation is submitted we cannot but hold that the delay is inordinate and un­explained. N.V. Ramana, Deepak Gupta & Indira Banerjee, JJ. Jagdish v. State of Madhya Pradesh, JT 2019 (3) SC 361 : 2019 (3) Scale 888 R.P. (Crl.) No. 591 of 2014 21-02-2019

Metropolitan Water Supply and Sewerage Act, 1989 (Hyderabad) - S. 55 - Sewerage Cess. R. Banumathi & Indira Banerjee, JJ. Vasant Chemicals Limited v. Managing Director, Hyderabad Metropolitian Water Supply and Sewerage Board, 2019 (3) Scale 360 C.A. No. 4616 of 2009 13-02-2019

Mines & Minerals - Lease - Sand - Export - Once the State permits sand to be excavated, neither can it legally restrict its movement within the territory of India nor is the same constitutionally permissible. Likewise, there is no restriction on the State importing sand from other states. A.K. Sikri, S. Abdul Nazeer & M.R. Shah, JJ. State of Gujarat v. Jayeshbhai Kanji Bhai Kalathiya, 2019 (4) Scale 92 C.A. No. 10373 of 2010 01-03-2019

Minimum Wages Act, 1948 - the authority has the power under the Act to impose the penalty, once the breaches alleged against the employer are proved. Abhay Manohar Sapre & Indu Malhotra, JJ. Ragini Sinha v. State of Bihar, JT 2019 (1) SC 331 : 2019 (1) Scale 197 C.A. No. 7224 of 2012 07-01-2019

Minimum Wages Act, 1948 - Though, it was the discretion of the Courts / Authority to award compensation with different percentage in every case but it was necessary to give reasons in support of award of such compensation. Abhay Manohar Sapre & L. Nageswara Rao, JJ. Union of India v. Avtar Chand, C.A. No. 3416 of 2010 19-02-2019

Motor Accidents Claims - The claimant-appellant overtly suggested in the claim application that he had suffered injuries to his private parts and at the age of 25 years, such injuries resulted in his inability to have the bliss of marital life. The appellant has, unfortunately, expired during the pendency of this appeal and his legal representatives, being his wife, mother and three children are substituted as appellants in his place. The very extent of the family left behind by the appellant, inclusive of his wife and three children, obviously falsify his suggestions about inability of having marital life. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. S. Kumar (d) v. United India Insurance Co. Ltd. JT 2019 (2) SC 405 : 2019 (3) Scale 872 C.A. No. 6038 of 2003 18-02-2019

Motor Accidents Claims - the process of assessment of compensation in the present case had been too uncertain, rather vague, and unreasonably restrictive; and the amount as awarded to the appellants cannot be said to be that of just compensation. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Shantaben v. National Power Transport, 2019 (4) Scale 169 C.A. No. 2523 of 2019 06-03-2019

Motor Vehicles - Accident - Future Earning - Computation - Motor Accidents Mediation Authority (MAMA) - Directions / Recommendations. A.K. Sikri & S. Abdul Nazeer, JJ. M.R. Krishna Murthi v. New India Assurance Co. Ltd., 2019 (4) Scale 362 C.A. No. 2476 of 2019 05-03-2019

Motor Vehicles Act, 1988 - In motor accident claim cases, once the foundational fact, namely, the actual occurrence of the accident, has been established, then the Tribunal’s role would be to calculate the quantum of just compensation if the accident had taken place by reason of negligence of the driver of a motor vehicle and, while doing so, the Tribunal would not be strictly bound by the pleadings of the parties. Notably, while deciding cases arising out of motor vehicle accidents, the standard of proof to be borne in mind must be of preponderance of probability and not the strict standard of proof beyond all reasonable doubt which is followed in criminal cases. A.M. Khanwilkar & Ajay Rastogi JJ. Sunita v. Rajasthan State Road Transport Corp., AIR 2019 SC 994 : JT 2019 (2) SC 492 : 2019 (3) Scale 393 C.A. No. 1665 of 2019 14-02-2019

Motor Vehicles Act, 1988 - S. 52 - No vehicle can be altered so as to change original specification made by manufacturer. Such particulars cannot be altered which have been specified by the manufacturer for the purpose of entry in the certificate of registration. Arun Mishra & Vineet Saran, JJ. Regional Transport Officer v. K. Jayachandra, AIR 2019 SC 362 : JT 2019 (1) SC 206 : 2019 (1) KLT 435 : 2019 (1) RCR (Civil) 585 : 2019 (1) Scale 317 C.A. No. 219 of 2019 09-01-2019

Murder & Rape - False Implication - Compensation - It is to be noted that all the accused persons are nomadic tribes coming from the lower strata of the society and are very poor labourers. Therefore, in the facts and circumstances of the case, false implication cannot be ruled out since it is common occurrence that in serious offences sometime innocent persons are roped in. A.K. Sikri, S. Abdul Nazeer & M.R. Shah, JJ. Ankush Maruti Shinde v. State of Maharashtra, 2019 (4) Scale 266 Crl.A. No. 1008 of 2007 05-03-2019

Muslim Law - A marriage according to Muslim law is not a sacrament but a civil contract. N.V. Ramana & Mohan M. Shantanagoudar, JJ. Mohammed Salim (d) Through Lrs. v. Shamsudeen (dead) Through Lrs., JT 2019 (1) SC 385 : 2019 (1) SCALE 575 C. A. No. 5158 of 2013 22-01-2019

Narcotic Drugs and Psychotropic Substances Act, 1985 - S. 20(ii)(c) - The law laid down in Mohan Lal v. State of Punjab, AIR 2018 SC 3853 is not allowed to become a spring board for acquittal in prosecutions prior to the same, irrespective of all other considerations - All pending criminal prosecutions, trials and appeals prior to the law laid down in Mohan Lal (supra) shall continue to be governed by the individual facts of the case. Ranjan Gogoi (CJI), Navin Sinha & K.M. Joseph, JJ. Varinder Kumar v. State of Himachal Pradesh, 2019 (3) Scale 50 Crl.A. No. 2450 of 2010 11-02-2019

National Food Security Act, 2013 - Sections 4, 5 and 6 - The Supplementary Nutritional (under ICDS) Rules, 2015 - Rules 7 and 9 - Nutritional support to pregnant women and lactating mothers - Nutritional support to children - Prevention and management of child malnutrition - Preparation of meal and maintenance of its standard and quality - Responsibility to monitor and review arrangement for supplementary nutrition. Arun Mishra & Deepak Gupta, JJ. Vaishnorani Mahila Bachat Gat v. State of Maharashtra, 2019 (5) Scale 1 C.A. No. 2336 of 2019 26-02-2019

National Green Tribunal Act, 2010 - The NGT Act being a beneficial legislation, the power bestowed upon the Tribunal would not be read narrowly. An interpretation which furthers the interests of environment must be given a broader reading. A.K. Sikri, S. Abdul Nazeer & M.R. Shah, JJ. Mantri Zone Pvt. Ltd. v. Forward Foundation, 2019 (4) Scale 218 C.A. No. 5016 of 2016 05-03-2019

National Register of Citizens - Both the processes i.e. the preparation of final NRC and the election should receive equal importance and proceeded with simultaneously without one affecting the other. Ranjan Gogoi (CJI) & Rohinton Fali Nariman, J. Assam Public Works v. Union of India, 2019 (1) SCALE 746 W.P. (C) 274 of 2009 24-01-2019

Negotiable Instrument Act, 1881 - S. 138 - Remand - there was neither any need and nor any occasion to remand the case to the Magistrate - there was enough material before the Appellate Court on the basis of which the appeal on merits could have been decided one way or the other instead of remanding the case to the Magistrate for deciding it afresh. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Susanta Dey v. Babli Majumdar, JT 2019 (4) SC 1 Crl.A. No. 2103 of 2008 28-03-2019

Negotiable Instruments Act, 1881 - S. 138 - Cheques were issued under and in pursuance of the agreement to sell. Though it is well settled that an agreement to sell does not create any interest in immoveable property, it nonetheless constitutes a legally enforceable contract between the parties to it. A payment which is made in pursuance of such an agreement is hence a payment made in pursuance of a duly enforceable debt or liablity for the purposes of Section 138. D.Y. Chandrachud & Hemant Gupta, JJ. Ripudaman Singh v. Balkrishna, Crl.A. No. 483 of 2019 13-03-2019

Negotiable Instruments Act, 1881 - S. 138 - Complainant failed to establish the source of funds which he is alleged to have utilized for the disbursal of the loan - Non-disclosure of the facts pertaining to the earlier two cheques, and the steps, if any, taken for recovery was again a material consideration which indicated that there was a doubt in regard to the transaction - the presumption under Section 139 of the Act stood rebutted and that the defence stood probabalised. D.Y. Chandrachud, M.R. Shah, JJ. Anss Rajashekar v. Augustus Jeba Ananth, 2019 (2) SCALE 548 Crl.A. No. 95 of 2019 18-01-2019

Negotiable Instruments Act, 1881 - S. 138 - the cheque might be post dated does not absolve the drawer of a cheque of the penal consequences of Section 138 of the Negotiable Instruments Act. R. Banumathi & Indira Banerjee, JJ. Bir Singh v. Mukesh Kumar, 2019 (1) GLH 338 : 2019 (1) JLJR 542 : 2019 (1) KLT 598 : 2019 (1) OLR 447 : 2019 (1) PLJR 614 : 2019 (2) Scale 698 Crl.A. No. 230 of 2019 06-02-2019

Negotiable Instruments Act, 1881 - S. 138 - Whether the prosecution based upon second or successive dishonour of the cheque is permissible or not - Cheques were presented twice and notices were issued - Complaint filed based on the second statutory notice is not barred. R. Banumathi & Indira Banerjee, JJ. M/s. Sicagen India Ltd. v. Mahindra Vadineni, AIR 2019 SC 502 : JT 2019 (1) SC 370 : 2019 (1) SCALE 429 Crl.A. No. 26 of 2019 08-01-2019

Negotiable Instruments Act, 1881 - Ss. 118 & 138 - In the scheme of the NI Act, mere creation of doubt is not sufficient. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Rohitbhai Jivanlal Patel v. State of Gujarat, JT 2019 (3) SC 485 Crl.A. No. 508 of 2019 15-03-2019

Negotiable Instruments Act, 1881 - Ss. 138 & 141 - the cheque was drawn by the accused for Lakshmi Cement and Ceramics Industries Ltd., as its Director - A notice of demand was served only on the accused - The complaint was lodged only against the accused without arraigning the company as an accused - In the absence of the company being arraigned as an accused, a complaint against the director was therefore not maintainable. D.Y. Chandrachud & Hemant Gupta, JJ. Himanshu v. B. Shivamurthy, 2019 (1) Crimes 93 : 2019 (1) RCR (Criminal) 867 : 2019 (2) SCALE 100 Crl. A. No. 1465 of 2009 17-01-2019

Parole - the petitioner is in custody for more than 24 years - parole granted. Uday Umesh Lalit & K.M. Joseph, JJ. Mohammed Shamsuddin v. State of Rajasthan, 2019 (1) Scale 560 W.P. (Crl.) No. 235 of 2018 17-01-2019

Patents Act, 1970 - S. 64 - Protection of Plant Varieties and Farmers’ Rights Act, 2001. Rohinton Fali Nariman & Navin Sinha, JJ. Monsanto Technology Llc Thru Authorised Representative Ms. Natalia Voruz v. Nuziveedu Seeds Ltd. Thru Director, AIR 2019 SC 559 : 2019 (1) Scale 234 C.A. No. 4616 of 2018 08-01-2019

Payment of Gratuity Act, 1972 - S. 2(e) - teachers were brought within the purview of “employee” as defined in Section 2(e) of the Payment of Gratuity Act by Amending Act No. 47 of 2009 with retrospective effect from 03.04.1997. Abhay Manohar Sapre & Indu Malhotra, JJ. Birla Institute of Technology v. State of Jharkhand, JT 2019 (3) SC 201 : 2019 (4) Scale 464 C.A. No. 2530 of 2012 07-03-2019

Payment of Gratuity Act, 1972 - S. 2(e) - Whether a Gramin Dak Sewak is an ‘employee’ as per the Act, and is entitled to payment of Gratuity under this Act? Uday Umesh Lalit & Indu Malhotra, JJ. Sr. Superintendent of Post Offices v. Gursewak Singh, C.A. No. 3150 of 2019 15-03-2019

Payment of Gratuity Act, 1972 - Section 2(e) - Definition of “employee” - Amending Act No.47 of 2009 with retrospective effect from 03.04.1997 - In view the amendment made in the definition of Section 2(e), was not brought to the notice of the Bench, this issue was not considered though had relevance for deciding the question involved in the appeal. It is for this reason, prima facie find error in the judgment and, therefore, are inclined to stay the operation of judgment dated 07.01.2019 passed in this appeal. The judgment dated 07.01.2019 shall not be given effect to till the matter is reheard finally by the appropriate Bench. Abhay Manohar Sapre & R. Subhash Reddy, JJ. Birla Institute of Technology v. State of Jharkhand, 2019 (1) Scale 428 C.A. 2530 of 2012 09-01-2019

Payment of Gratuity Act, 1972 - Whether “Teacher” could be regarded as an “employee” under Section 2(e) of the Act and, if so, whether he/she is entitled to claim gratuity amount from his employer in accordance with the provisions of the Act. Abhay Manohar Sapre & Indu Malhotra, JJ. Birla Institute of Technology v. State of Jharkhand, JT 2019 (1) SC 134 : 2019 (1) Scale 172 C.A. No. 2530 of 2012 07-01-2019

Penal Code 1860 - S. 149 - Once a common object of an unlawful assembly is established, it is not necessary that all persons who form the unlawful assembly must be demonstrated to have committed the overt act. The common object is ascertained from considering the acts of its members and on the basis of all surrounding circumstances. D.Y. Chandrachud & Vineet Saran, JJ. Munishamappa v. State of Karnataka, JT 2019 (1) SC 515 : 2019 (1) SCALE 721 Crl.A. No. 96 of 2011 24-01-2019

Penal Code, 1860 - S. 302 - Murder - Circumstantial Evidence - Whether in a case of circumstantial evidence inability on the part of the prosecution to establish a motive is fatal to the prosecution case - Held, while it is true that if the prosecution establishes a motive for the accused to commit a crime it will undoubtedly strengthen the prosecution version based on circumstantial evidence, but that is far cry from saying that the absence of a motive for the commission of the crime by the accused will irrespective of other material available before the court by way of circumstantial evidence be fatal to the prosecution. A.M. Khanwilkar & K.M. Joseph, JJ. Sukhpal Singh v. State of Punjab, 2019 (3) Scale 271 Crl.A. No. 1697 of 2009 12-02-2019

Penal Code, 1860 – S. 302 – Murder - Voluntary provocation on the part of the offender cannot come to the rescue of the accused to claim that he is not liable to be convicted under Section 302 IPC. L. Nageswara Rao & Sanjay Kishan Kaul, JJ. State of Uttar Pradesh v. Faquirey, AIR 2019 SC 844 : JT 2019 (2) SC 245 : 2019 (3) Scale 80 Crl.A. No. 1842 of 2012 11-02-2019

Penal Code, 1860 - S. 302 - the statement of eye­witness PW­13, the injury attributed to the accused appellant, recovery of weapon and the motor cycle and the statement of PW­6 and PW­7 that the injury on the head attributed to the appellant could have been sufficient to cause death, clearly corroborates the prosecution case which leaves no manner of doubt that the appellant was actively involved in the commission of crime and once that fact is predicated beyond reasonable doubt, the partial statement which has been doubted could not be used by the appellant as a defence to shake the prosecution case which has been discussed by us in detail, deserves rejection. A.M. Khanwilkar & Ajay Rastogi, JJ. Kripal Singh v. State of Rajasthan, AIR 2019 SC 947 : JT 2019 (2) SC 388 : 2019 (3) Scale 494 Crl.A. No. 2100 of 2008 15-02-2019

Penal Code, 1860 - S. 304 Part II - Punishment for culpable homicide not amounting to murder - the High Court had been in error in extending undue sympathy and in awarding the punishment of the rigorous imprisonment for the period already undergone i.e., 3 months and 21 days for the offence under Section 304 Part II IPC - there was absolutely no reason for the High Court to interfere with the punishment awarded by the Trial Court, being that of rigorous imprisonment for 3 years. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. State of M.P. v. Suresh, JT 2019 (2) SC 480 : 2019 (4) Scale 673 Crl.A. No. 319 of 2019 20-02-2019

Penal Code, 1860 - S. 306 - The incident of slapping by the accused cannot be the sole ground to hold him responsible for instigating the deceased to commit suicide. L. Nageswara Rao, M.R. Shah, JJ. Rajesh v. State of Haryana, AIR 2019 SC 478 : JT 2019 (1) SC 360 : 2019 (1) KLJ 434 : 2019 (1) RCR (Criminal) 847 : 2019 (1) Scale 492 Crl.A. No. 93 of 2019 18-01-2019

Penal Code, 1860 - S. 307 - Attempt to murder - Lack of forensic evidence to prove grievous or a life-threatening injury cannot be a basis to hold that Section 307 is inapplicable. D.Y. Chandrachud & M.R. Shah, JJ. State of Madhya Pradesh v. Kanha @ Omprakash, AIR 2019 SC 713 : 2019 (2) JLJ 138 : 2019 (1) JLJR 519 : JT 2019 (2) SC 112 : 2019 (1) KLJ 655 : 2019 (1) PLJR 591 : 2019 (2) Scale 454 Crl.A. No. 1589 of 2018 04-02-2019

Penal Code, 1860 - S. 307 - Attempt to Murder - There is no requirement for the injury to be on a “vital part” of the body, merely causing ‘hurt’ is sufficient to attract S. 307 I.P.C. L. Nageswara Rao & Indu Malhotra, JJ. State of Madhya Pradesh v. Harjeet Singh, 2019 (4) Scale 666 Crl.A. No. 1190 of 2009 19-02-2019

Penal Code, 1860 - S. 376 - the prosecutrix was in habit of implicating all the persons by making wild allegations of such nature against those with whom she or/and her husband were having any kind of disputes. Ganga Prasad Mahto v. State of Bihar, JT 2019 (3) SC 530 Crl.A. No. 526 of 2019 26-03-2019

Penal Code, 1860 - S. 376(2)(g) - Juvenile Justice (Care and Protection of Children) Act, 2000 - Ss. 2(k), 2(l), 7A r/w. 20 - A juvenile who had not completed eighteen years on the date of commission of the offence is entitled to the benefit of the 2000 Act. The claim of juvenility can be raised at any stage before any Court by an accused, including Supreme Court, even after the final disposal of a case, in terms of Section 7A of the 2000 Act. N.V. Ramana, Mohan M. Shantanagoudar & Indira Banerjee, JJJ. Raju v. State of Haryana, JT 2019 (3) SC 121 : 2019 (4) Scale 398 Crl.A. No. 1175 of 2014 22-02-2019

Penal Code, 1860 - S. 379A - “mobile snatching” - When the mobile phone was allegedly snatched from PW-1, he would have seen the accused only for few seconds. It is doubtful whether he would have been in a position to identify the accused. Having regard to the passage of time between the occurrence and the identification of the accused for the first time in the court by PW-1 becomes highly doubtful. This is more so, when the said mobile phone was recovered only at the behest of the disclosure statement of the co-accused. The benefit of doubt has to be given to the accused. R. Banumathi & R. Subhash Reddy, JJ. Suraj Pal v. State of Haryana, 2019 (1) RCR (Criminal) 919 Crl.A. No. 146 of 2019 25-01-2019

Penal Code, 1860 - S.302 - Murder - Merely because the accused assaulted the deceased on his head once or twice only, it cannot be said that the offence committed by him is under Section 304 Part­I IPC inasmuch as the incident had not occurred on the spur of the moment. The act of accused would not fall within any of the exceptions to Section 300 IPC. N.V. Ramana & Mohan M. Shantanagoudar, JJ. Sudhir Kumar v. State of Haryana, 2019 (1) SCALE 712 Crl. A. No. 69 of 2019 14-01-2019

Penal Code, 1860 - Section 302 - Extra Judicial Confession of the Accused - Circumstances of motive, abduction by accused, conspiracy and recovery are not proved beyond reasonable doubt - The extra-judicial confession gives an impression that the same has been generated to make the courts believe the case against the appellant. The extra-judicial confession is suspiciously full of facts, and graphically discloses the antecedents of Accused No.1, the situation of his house and what happened prior to the incident in question and thereafter. It is recorded in nearly five full pages, and not only speaks about the motive to kill, but also gives graphic details of how each of the accused attacked the deceased - the extra-judicial confession placed on record cannot be relied upon. Mohan M. Shantanagoudar & Dinesh Maheswari, JJ. Chakarai @ Chakaravarthi v. State Rep By Inspector of Police, 2019 (1) RCR (Criminal) 909 : 2019 (2) SCALE 203 Crl.A. No. 1016 of 2010 24-01-2019

Penal Code, 1860 - Section 302 - Murder - the accused has killed six innocent persons in a pre-planned manner - the case would fall in the category of the “rarest of rare case” warranting death sentence / capital punishment. A.K. Sikri, S. Abdul Nazeer & M.R. Shah, JJ. Khushwinder Singh v. State of Punjab, JT 2019 (3) SC 313 : 2019 (4) Scale 187 Crl.A. No. 1433 of 2014 05-03-2019

Penal Code, 1860 - Section 302 to Section 304 Part-I - Murder - No premeditation for the occurrence - High Court has rightly modified the conviction. R. Banumathi & R. Subhash Reddy, JJ. Kishan Singh @ Actor v. State of Uttranchal (Now Uttrakhand) Crl.A. No. 389 of 2019 26-02-2019

Penal Code, 1860 - Section 340 - Matrimonial Proceedings - Anticipatory Bail - False statements deliberately made in order to get favourable orders from the Court - Held, there should be something deliberate - a statement should be made deliberately and consciously which is found to be false as a result of comparing it with unimpeachable evidence, documentary or otherwise. Rohinton Fali Nariman & Vineet Saran, JJ. Aarish Asgar Qureshi v. Fareed Ahmed Qureshi, 2019 (4) Scale 606 Crl.A. No. 387 of 2019 26-02-2019

Penal Code, 1860 - Sections 436 and 323 r/w. 34 - It would not be appropriate to compound the offence which is not compoundable under the Code ignoring the statutory provisions. However, taking into consideration the relationship of the parties and the factum of compromise between the parties which is a relevant circumstance, the sentence of imprisonment imposed upon the appellants no.1 and 3 under Sections 436 read with Section 34 I.P.C. is modified to the period already undergone by them. R. Banumathi & R. Subhash Reddy, JJ. Shankar v. State of Maharashtra, Crl.A. No. 390 of 2019 26-02-2019

Penal Code, 1860 - Ss. 120B, 396, 397, 302, 201, 109 r/w. 149 - Death Sentence - Taking into account the circumstances in which the crime was committed and the fact that the charges against three of the co-accused have failed, the sentence imposed on the accused No.2 ought to be commuted to one of imprisonment for life. Ranjan Gogoi (CJI). L. Nageswara Rao & Sanjiv Khanna, JJ. Basavaraj @ Basya v. State of Karnataka, 2019 (2) SCALE 318 Crl.A. 1031 of 2016 23-01-2019

Penal Code, 1860 - Ss. 120­B, 406 & 420 - Application for Bail. N.V. Ramana & Mohan M. Shantanagoudar, JJ. Ashok Saxena v. State (Nct of Delhi), 2019 (1) Scale 553 Crl.A. No. 20 of 2019 07-01-2019

Penal Code, 1860 - Ss. 143, 147, 323 r/w. 149, 325 - Police Act, 1951 (Bombay) - S. 135 - Scope of Section 378 (3) Cr.P.C. R. Banumathi & R. Subhash Reddy, JJ. State of Maharashtra v. Shankar Ganapati Rahatol, 2019 (2) SCALE 775 Crl.A. No. 799 of 2010 31-01-2019

Penal Code, 1860 - Ss. 147, 148, 149, 302, 323, 342 & 450 - Unlawful Assembly - In a crime committed by an unlawful assembly by principle of vicarious liability, every member of the unlawful assembly would be guilty of the offence, even if he himself had not done the actual act. But the facts must indicate with clarity that such person was in fact a member of the unlawful assembly. Uday Umesh Lalit & Dinesh Maheshwari, JJ. Dauwalal @ Ganesh Devangan v. State of Madhya Pradesh (Now State of Chhattisgarh), Crl.A. No. 478 of 2019 15-03-2019

Penal Code, 1860 - Ss. 147, 148, 149, 341, 294, 323, 506B, 302 - Arms Act, 1959 - S. 25(1A) r/w. 27 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - S. 3(2)(V) - Mention of Inquest Number in the FIR - Delay in FIR - Inconsistency between the Medical Evidence and Oral Evidence - Recovery of pistol and FSL report - Common intention of Accused. R. Banumathi & R. Subhash Reddy, JJ. Balvir Singh v. State of M.P., 2019 (4) Scale 631 Crl.A. No. 1115 of 2010 19-02-2019

Penal Code, 1860 - Ss. 147, 148, 451, 325 / 149, 307 / 149, 294 / 149 & 506 / 149 - Attempt to murder - Considering the material/evidence on record and the medical certificate and the injuries sustained by the complainant, it cannot be said that the intention of the accused was to cause death of the complainant. Therefore, as rightly observed by the High Court, a charge under Section 325/149 ought to have been framed. Therefore, the High Court has not committed any error in setting aside the order passed by the trial Court insofar as framing the charge under Section 307 of the IPC. D.Y. Chandrachud & M.R. Shah, JJ. Champa Lal Dhakar v. Naval Singh Rajput, AIR 2019 SC 314 : JT 2019 (1) SC 43 : 2019 (1) RCR (Criminal) 710 : 2019 (1) Scale 163 Crl.A. No. 1931 of 2009 04-01-2019

Penal Code, 1860 - Ss. 148, 302 & 324 / 149 - the acquittal of the co­-accused by giving benefit of doubt, by itself can be no ground to discard the otherwise reliable evidence which has remained unshaken, pointing towards the complicity of the accused in the commission of crime. A.M. Khanwilkar & Ajay Rastogi, JJ. Pappi @ Mehboob v. State of Rajasthan, AIR 2019 SC 904 : 2019 CriLJ 1511 : JT 2019 (2) SC 522 : 2019 (2) Scale 613 Crl.A. No. 497 of 2009 05-02-2019

Penal Code, 1860 - Ss. 170, 412 & 395 - Incident had occurred nearly 19 years ago - there was no previous antecedents - ready to pay the enhanced fine, although his monetary condition is poor - in the peculiar facts and surrounding circumstances of the case, Court reduced the sentence from seven years R.I. to five years R.I. and enhance the fine to Rs.20,000/ each. L. Nageswara Rao & M.R. Shah, JJ. Jahangir Hussain v. State of West Bengal, Crl.A. No. 712 of 2009 29-03-2019

Penal Code, 1860 - Ss. 279 & 304 A - Just and adequate punishment in a vehicular accident cases - A 15 year old boy lost his life due to the rash and negligent driving of the truck by the appellant and where, after causing the accident, the appellant fled from the site and was surrendered by his commandant more than 3 weeks later - No reason to reduce the punishment awarded or to extend the benefit of probation. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Subhash Chand v. State of Punjab, JT 2019 (3) SC 1 : 2019 (4) Scale 722 Crl.A. No. 1827 of 2009 25-02-2019

Penal Code, 1860 - Ss. 279, 337 & 304A - Reduction of Sentence - For rash and negligent driving by the appellant, as many as four persons died and three other sustained injuries. Yet, the Trial Court had been considerate in awarding the sentence only of four months' imprisonment for each count of the offence under Section 304-A IPC and only of fine of Rs. 100 for each count of the offence under Section 337 IPC and Rs. 200/- for the offence under Section 279 IPC. To say the least, the punishment awarded in this matter had been rather on the lower side. There being no appeal for enhancement of sentence and looking to the time that has elapsed, we would not be making any further comment in the matter. Suffice it to conclude that no case for reducing the punishment awarded to the appellant is made out. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Thangasamy v. State of Tamil Nadu, JT 2019 (3) SC 113 : 2019 (4) Scale 681 Crl.A. No. 698 of 2010 20-02-2019

Penal Code, 1860 - Ss. 302 & 325 r/w. 34 - Police Act 1951 (Bombay) - Ss. 37 & 135 - Since the incident had been preceded by a quarrel, the case would not attract the provisions of Section 302. Dr. Dhananjaya Y. Chandrachud & Hemant Gupta, JJ. Raju Ambadas Gangekar v. State of Maharashtra, 2019 (2) SCALE 768 Crl.A. No. 1961 of 2009 24-01-2019

Penal Code, 1860 - Ss. 302 & 34 - Object of Section 34 IPC incorporated in the Indian Penal Code - Distinction between Section 149 & Section 34 IPC - Essence of the joint liability during the criminal act in furtherance of such common intention - Mere similarity of the facts in one case cannot be used to determine the conclusion of the fact in another - Common intention being the state of mind can be gathered by inference drawn from the facts and circumstances established in a given case - The cases involving almost similar facts and circumstances cannot be used as precedent to determine the conclusions on facts in the case in hand. A.M. Khanwilkar & Ajay Rastogi, JJ. Ezajhussain Sabdarhussain v. State of Gujarat, JT 2019 (2) SC 317 : 2019 (3) Scale 513 Crl.A. No. 2007 of 2008 15-02-2019

Penal Code, 1860 - Ss. 302 / 34 - Whether the offence of Section 302 of I.P.C. can be converted to Section 304 (II) of I.P.C. A.M. Khanwilkar & K.M. Joseph, JJ. Bikash Bora v. State of Assam, JT 2019 (2) SC 531 : 2019 (2) Scale 577 : (2019) 4 SCC 280 Crl.A. No. 164 of 2011 05-02-2019

Penal Code, 1860 - Ss. 302 / 394 - Special Investigating Team (SIT) for Re-investigation - the CBI has to look into the report of the SIT and take a decision in the matter. A.K. Sikri & S. Abdul Nazeer, JJ. Sunita Devi v. Union of India, JT 2019 (2) SC 489 : 2019 (4) Scale 414 W.P. (Crl.) No. 188 of 2015 20-02-2019

Penal Code, 1860 - Ss. 302 r/w. 109 & 203 - Forest Act, 1882 (Tamil Nadu) - S. 36­A & E - Arms Act, 1959 - S. 3 r/w. 25 (1­B) (a) - Right of Private Defence. Abhay Manohar Sapre & R. Subhash Reddy, JJ. Sukumaran v. State Rep. By The Inspectr of Police, 2019 (4) Scale 490 Crl.A. No. 5 of 2009 07-03-2019 07-03-2019

Penal Code, 1860 - Ss. 302 r/w. 149 & 147 - Mere presence in an unlawful assembly cannot render a person liable unless there was a common object. N.V. Ramana, Mohan M. Shantanagoudar & Indira Banerjee, JJJ. Amrika Bai v. State of Chhattisgarh, Crl.A. No. 1036 of 2011 29-03-2019

Penal Code, 1860 - Ss. 302 r/w. 34 - Imprisonment for Life - Concurrent Findings that non-recovery or non-production of weapon would not materially affect the case of the prosecution - Not find any ground warranting interference with the concurrent findings of the Trial court and the High Court - Appeals dismissed. R. Banumathi & R. Subhash Reddy, JJ. Kalua @ Koshal Kishore v. State of Rajasthan, 2019 (1) RCR (Criminal) 1001 Crl.A. No. 138 of 2010 31-01-2019

Penal Code, 1860 - Ss. 302 r/w. 34 - Murder - Life Imprisonment - Scope of Exception 4 to Section 300 IPC - In order to bring the case within Exception 4 to Section 300 IPC, the following conditions enumerated therein must be satisfied:- (i) The act must be committed without premeditation in a sudden fight in the heat of passion; (ii) upon a sudden quarrel; (iii) without the offender’s having taken undue advantage; and (iv) the accused had not acted in a cruel or unusual manner. Even if the fight is unpremeditated and sudden, if the weapon or manner of retaliation is disproportionate to the offence and if the accused had taken the undue advantage of the deceased, the accused cannot be protected under Exception 4 to Section 300 IPC. R. Banumathi & R. Subhash Reddy, JJ. Nandlal v. State of Maharashtra, JT 2019 (3) SC 448 Crl.A. No. 510 of 2019 15-03-2019

Penal Code, 1860 - Ss. 302 r/w. 34 - Murder - Motive - When the prosecution has been successful in proving the conspiracy between the accused as well as the accused committed the murder of the deceased, motive may not have that much relevance. U.U. Lalit & M.R. Shah, JJ. Vidyalakshmi @ Vidya v. State of Kerela, 2019 (3) Scale 504 Crl.A. No. 971 of 2012 15-02-2019

Penal Code, 1860 - Ss. 302 r/w. 34 & 120B - Evidence Act, 1872 - S. 27 - Extra Judicial Confession - Circumstantial Evidence. Ranjan Gogoi (CJI), K.M. Joseph & Ajay Rastogi, JJ. Devi Lal v. State of Rajasthan, AIR 2019 SC 688 : 2019 (1) Crimes 8 : 2019 (1) SCALE 340 Crl.A. No. 148 of 2010 08-01-2019

Penal Code, 1860 - Ss. 302 r/w. 34 & 201 - deceased provoked the accused No.1 by uttering the word ‘prostitute’. In our society, no lady would like to hear such a word from her husband. Most importantly, she would not be ready to hear such a word against her daughters. The incident is a result of a sudden and grave provocation by the deceased. Since the body came to be transported by the accused to a different place in order to hide the offence, the accused are rightly convicted for offence under Section 201 of IPC. Mohan M. Shantanagoudar, Dinesh Maheswari JJ. Nawaz v. State Rep. By Inspector of Police, 2019 (1) Crimes 46 : 2019 (1) SCALE 718 Crl. A. No. 1941 of 2010 22-01-2019

Penal Code, 1860 - Ss. 302, 307, 341 & 34 - Arms Act, 1959 - Ss. 25, 54 & 59 - Criminal P.C. 1973 - S. 319 - Power to proceed against other persons appearing to be guilty of offence - Degree of satisfaction required for invoking the powers under Section 319 CrPC - Principles. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Sugreev Kumar v. State of Punjab, Crl.A. No. 509 of 2019 15-03-2019

Penal Code, 1860 - Ss. 302, 323, 504 & 506 r/w. 34 - Acts done by several persons in furtherance of common intention - Test for applicability of Section 34 in a fact situation of an offence - Discussed. Ashok Bhushan & K.M. Joseph, JJ. Asif Khan v. State of Maharashtra, JT 2019 (3) SC 172 : 2019 (4) Scale 7 Crl.A. No. 286 of 2019 05-03-2019

Penal Code, 1860 – Ss. 302, 363, 366 & 376(2)(i) - Criminal P.C. 1973 - S. 354(3) - Special Reasons to impose Death Penalty. S.A. Bobde, L. Nageswara Rao, R. Subhash Reddy, JJJ. Nand Kishore v. State of Madhya Pradesh, JT 2019 (1) SC 364 : 2019 (1) Scale 500 Crl.A. No. 94 of 2019 18-01-2019

Penal Code, 1860 - Ss. 302, 364 & 201 r/w. 34 - killed a minor child - the accused at the time of commission of the offence was aged of 22 years - he has spent 18 years in the jail - while in jail, his conduct is good - the accused has tried to join the society and has tried to become a civilized man and has completed his graduation in B.A. from jail - He has tried to become reformative - from the poems, written by him in the jail, it appears that he has realised his mistake which was committed by him at the time when he was of young age and that he is reformative - therefore the appellant can be reformed and rehabilitated. A.K. Sikri, S. Abdul Nazeer & M.R. Shah, JJJ. Dnyaneshwar Suresh Borkar v. State of Maharashtra, Crl.A. No. 1411 of 2018 20-02-2019

Penal Code, 1860 - Ss. 302, 364 & 379 - Custody of Vehicle - Magistrate was right in ordering the return of the vehicle to the wife of the deceased. R. Banumathi & R. Subhash Reddy, JJ. C. Shanmugavel v. Eswari, 2019 (1) RCR (Criminal) 917 Crl.A. No. 164 of 2019 28-01-2019

Penal Code, 1860 - Ss. 302, 392 r/w. 34 - Police Act, 1951 (Bombay) - Ss. 37(1) r/w. 135 - Arms Act, 1959 - S. 3 (25) - Circumstantial Evidence - There are too many missing links - benefit of doubt - Acquitted. U.U. Lalit & Indu Malhotra, JJ. Pavan Vasudeo Sharma v. State of Maharashtra through Secretary, Crl.A. No. 519 of 2019 25-03-2019

Penal Code, 1860 - Ss. 304­B & 498­A - Evidence Act, 1872 - S. 113­B - Presumption under - Ingredients. Ranjan Gogoi (CJI), R. Banumathi & Sanjay Kishan Kaul, JJ. Jagdish Chand v. State of Haryana, AIR 2019 SC 457 : 2019 (1) Crimes 16 : JT 2019 (1) SC 138 : 2019 (1) RCR (Criminal) 731 : 2019 (1) SCALE 213 Crl.A. No. 767 of 2012 07-01-2019

Penal Code, 1860 - Ss. 307 & 34 - Criminal P.C. 1973 - Ss. 320 & 482 - Mechanically quashed the FIR - Non-compoundable offences - Seriousness of the offences and its social impact - Distinction between a personal or private wrong and a social wrong and the social impact. A.K. Sikri, S. Abdul Nazeer & M.R. Shah, JJ. State of Madhya Pradesh v. Laxmi Narayan, 2019 (4) Scale 200 Crl.A. No. 349 of 2019 05-03-2019

Penal Code, 1860 - Ss. 307 / 34 & 326 - Criminal P.C. 1973 - Ss. 357 & 357­A - Acid Attack - Compensation - Victim had suffered an uncivilised and heartless crime committed by the respondents and there is no room for leniency which can be conceived. A crime of this nature does not deserve any kind of clemency. This Court cannot be oblivious of the situation that the victim must have suffered an emotional distress which cannot be compensated either by sentencing the accused or by grant of any compensation. A.M. Khanwilkar & Ajay Rastogi, JJ. State of Himachal Pradesh v. Vijay Kumar @ Pappu, Crl.A. No. 753 of 2010 15-03-2019

Penal Code, 1860 - Ss. 323, 324, 452, 504 & 506 - Revision - The least that was expected of was that the High Court will apply its judicial mind to the factual and legal aspects arising in the case and then pass appropriate orders either for upholding the conviction or acquitting the appellants, as the case may be - the High Court failed to do this and hence interference is called for. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Harveer Singh v. State of U.P., Crl.A. No. 505 of 2019 15-03-2019

Penal Code, 1860 - Ss. 323, 506, 148, 149, 170, 171 & 302 - Juvenile Justice (Care and Protection of Children) Rules, 2001 - Rules 12 (3) and 22 (5) - Procedure to be followed in determination of age - Procedure to followed by a board in the holding inquiry in the determination of age - High Court had no occasion to consider the issue since the appellant has not pressed the issue before the High Court - It shall be appropriate that the High Court be requested to consider the question of juvenility of the appellant afresh before proceeding to decide the appeal. Ashok Bhushan, K.M. Joseph, JJ. Gaurav Kumar @ Monu v. State of Haryana, 2019 (3) Scale 540 Crl.A. No. 283 of 2019 15-02-2019

Penal Code, 1860 - Ss. 376 & 506 - There is admittedly a delay of 7 months in lodging the FIR in the case of alleged rape. If the case is reported immediately apart from the inherent strength of the case flowing from genuineness attributable to such promptitude, the perceptible advantage would be the medical examination to which the prosecutrix can be subjected and the result of such examination in a case where there is a resistance. It is the case of the prosecution that she raised hue and cry and therefore apparently she would have resisted. Possibly, a medical examination may have revealed signs of any resistance or injuries. Ranjan Gogoi (CJI), Sanjay Kishan Kaul & K.M. Joseph, JJ. Parkash Chand v. State of Himachal Pradesh, AIR 2019 SC 1037 : 2019 (3) Scale 289 Crl.A. No. 2393 of 2010 12-02-2019

Penal Code, 1860 - Ss. 379, 427, 447, 504 & 506 r/w. 149 - Appeal against Acquittal - The High Court was not justified in setting aside the well considered findings of the Trial Judge. D.Y. Chandrachud & Hemant Gupta, JJ. Puni Devi v. Tulsi Ram, 2019 (4) Scale 563 Crl.A. No. 263 of 2019 13-02-2019

Penal Code, 1860 - Ss. 406 & 498A - Framing of Charge - At the stage of framing of charge, the court is concerned only with the aspect that there is prima facie materials presuming that the accused has committed the offence. At the initial stage the court is not called upon to examine the sufficiency or otherwise of the materials produced by the prosecution and also to examine whether the same are sufficient to sustain the conviction of the accused thereon. R. Banumathi & R. Subhash Reddy, JJ. Pallavi v. State of U.T. Chandigarh, Crl.A. No. 176 of 2019 29-01-2019

Penal Code, 1860 - Ss. 406, 468 & 120­B - Offences alleged are Non­compoundable - Dispute between the parties predominantly or overwhelming seems to be of a civil nature and that the dispute is a private one and between the two private parties - Parties have settled the dispute amicably - Criminal Proceedings Quashed. L. Nageswara Rao & M.R. Shah, JJ. Srinivasan Iyenger v. Bimla Devi Agarwal, 2019 (3) Scale 522 Crl.A. No. 277 of 2019 15-02-2019

Penal Code, 1860 - Ss. 409 & 477A r/w. 120B - Prevention of Corruption Act, 1947 - Ss. 5(2) r/w. 5(1)(c) & (d) - Merely because misappropriation of 540 bags of urea is mentioned in the initial complaint, Court cannot ignore the chargesheet which was filed after investigation which revealed misappropriation of entire qualtity of 1040 bags of urea. Abhay Manohar Sapre & R. Subhash Reddy, JJ. Shiv Shankar Prasad Singh`v. State of Bihar, 2019 (3) Scale 824 Crl.A. No. 1804 of 2011 28-02-2019

Penal Code, 1860 - Ss. 415 & 420 - The mere inability of the appellant to return the loan amount cannot give rise to a criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, as it is this mens rea which is the crux of the offence. N.V. Ramana & Mohan M. Shantanagoudar, JJ. Satishchandra Ratanlal Shah v. State of Gujarat, 2019 (3) SCALE 298 Crl.A. No. 9 of 2019 03-01-2019

Penal Code, 1860 - Ss. 449 & 302 r/w. 34 - Investigating Officer deposed that after the seizure of the knives, the same were not sealed at all, and he merely put them in a box and sent the same to the Judicial Magistrate. Such procedure adopted by the prosecution is highly improper and illegal, inasmuch as the box could have been opened at any stage by anybody and the weapon tampered with or replaced. Hence, the aspect of recovery is not proved in accordance with law. Mohan M. Shantanagoudar & Dinesh Maheswari, JJ. Malaichamy v. State of Tamil Nadu, 2019 (1) Crimes 98 : 2019 (2) SCALE 128 Crl.A. No. 1932 of 2010 23-01-2019

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Prescription of disability to the extent of 40%-50% for recruitment for the post of Civil Judge (Junior Division) was valid and does not contravene any of the provisions of the Act, 1995 or any other statutory provision. Ashok Bhushan & K.M. Joseph, JJ. V. Surendra Mohan v. State of Tamil Nadu, JT 2019 (1) SC 419 : 2019 (1) SCALE 621 C.A. No. 83 of 2019 22-01-2019

Petroleum and Natural Gas Regulatory Board Regulations Act, 2006 - Ss. 2 (d), 2 (i), 16, 17 - Petroleum and Natural Gas Regulatory Board (Authorizing Entities to Lay, Build, Operate or Expand City or Local Natural Gas Distribution Networks) Regulations, 2008 - Reg. 18 - “authorised entity” - “city or local natural gas distribution network” - Authorisation - Application for Authorisation - Setting up of Natural Gas Distribution Networks within India - Gas Distribution Network (‘GDN’) - No Objection Certificate (‘NOC’). Arun Mishra & Vineet Saran, JJ. Adani Gas Limited v. Union of India, 2019 (2) SCALE 213 C.A. No. 1261 of 2019 29-01-2019

Possession - A person who asserts possessory title over a particular property will have to show that he is under settled or established possession of the said property. But merely stray or intermittent acts of trespass do not give such a right against the true owner. N.V. Ramana & Mohan M. Shantanagoudar, JJ. Poona Ram v. Moti Ram, 2019 (2) SCALE 207 C.A. No. 4527 of 2009 29-01-2019

Practice and Procedure - Where a question is a mixed question of fact and law, a concession made by a lawyer or his authorised representative at the stage of arguments cannot preclude the party for whom such person appears from re-agitating the point in appeal. R.F. Nariman & Vineet Saran, JJ. Bharat Heavy Electricals Ltd. v. Mahendra Prasad Jakhmola, 2019 (4) Scale 738 C.A. No. 1799 of 2019 20-02-2019

Presidency Small Cause Courts Act, 1882 - S. 41 - Counter Claim - Not maintainable - Whether it is a suit between the licensor and the licensee or between the landlord and the tenant, such types of suits fall under Section 41 of the Small Cause Courts Act and are, therefore, cognizable by the Courts of Small Causes. Abhay Manohar Sapre & R. Subash Reddy, JJ. Mahadev P. Kambekar v. Shree Krishna Woolen Mills, 2019 (2) SCALE 345 C.A. No. 5753 of 2011 31-01-2019

Prevention of Corruption Act, 1947 - S. 5(2) - Penal Code, 1860 - S. 161 - the Court is empowered to impose a sentence, which may vary from 1 year to 7 years with fine. However, in a particular case, the Court finds that there are some special reasons in favour of the accused then the Court is empowered to impose imprisonment of less than one year provided those special reasons are set out in writing in support of imposing sentence less than one year. So far as imposing of fine is concerned, it is mandatory while imposing any jail sentence. How much fine should be imposed depend upon the facts of each case. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Ambi Ram v. State of Uttarakhand, 2019 (1) Crimes 76 : JT 2019 (2) SC 102 : 2019 (1) MLJ (Cri) 637 : 2019 (1) RCR (Criminal) 960 : 2019 (2) Scale 488 Crl.A. No. 1723 of 2009 05-02-2019

Prevention of Corruption Act, 1988 - Ss. 7 & 13(1)(d) r/w. 13(2) - Whether in the absence of evidence of complainant / direct or primary evidence of demand of illegal gratification, is it not permissible to draw inferential deduction of culpability / guilt of a public servant based on other evidence adduced by the prosecution - Question referred to Larger Bench. R. Banumathi & R. Subhash Reddy, JJ. Neeraj Dutta v. State (Govt. of NCT of Delhi), JT 2019 (3) SC 16 : 2019 (3) Scale 818 Crl.A. No. 1669 of 2009 28-02-2019

Prevention of Corruption Act, 1988 - Ss. 7 r/w. 13(1) (d) - Criminal Procedure Code, 1973 - S. 227 - Application for Discharge - Principles - While considering the case of discharge sought immediately after the charge­sheet is filed, the Court cannot become an Appellate Court and start appreciating the evidence by finding out inconsistency in the statements of the witnesses. It is not legally permissible. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. State v. J. Doraiswamy, JT 2019 (3) SC 288 : 2019 (4) Scale 471 Crl.A. No. 445 of 2019 07-03-2019

Property Tax - Bye Laws - Constitutional Validity. A.K. Sikri & S. Abdul Nazeer & M.R. Shah, JJ. New Delhi Municipal Council v. Association of Concerned Citizens of New Delhi, 2019 (1) SCALE 638 C.A. No. 903 of 2019 22-01-2019

Protection of Children from Sexual Offences Act, 2012 - Ss. 5(i), 5(m) & 5(r) r/w. 6 - Penal Code, 1860 - Ss. 376 (2) (f) & 201 - Murder of the minor girl aged 71/2 years after raping her - the accused was last seen together with the victim - The offence committed, undoubtedly, can be said to be brutal, but does not warrant death sentence - accused was not a previous convict or a professional killer. At the time of commission of offence, he was 19 years of age. His jail conduct also reported to be good. Considering the aforesaid mitigating circumstances it will be in the interest of justice to commute the death sentence to life imprisonment. A.K. Sikri, S. Abdul Nazeer & M.R. Shah, JJ. Vijay Raikwar v. State of Madhya Pradesh, 2019 (2) JLJ 103 : JT 2019 (2) SC 292 : 2019 (3) Scale 221 Crl.A. No. 1112 of 2015 05-02-2019

Public Policy - the grant of appointment to persons displaced as a result of acquisition is a matter which is within the purview of the policy discretion. No mandamus can lie in the absence of a policy. D.Y. Chandrachud & Navin Sinha, JJ. Anil Kumar v. Union of India, 2019 (4) Scale 594 C.A. No. 1958 of 2019 22-02-2019

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - S. 6 - Meaning, interpretation and applicability of. A.K. Sikri, Ashok Bhushan & S. Abdul Nazeer, JJJ. Board of Trustees for the Port of Kolkata v. APL (India) Pvt. Ltd., JT 2019 (2) SC 545 : 2019 (4) Scale 687 C.A. No. 3910 of 2013 21-02-2019

Public Premises (Eviction of Unauthorized Occupants) Act, 1971. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Kaikhosrou (Chick) Kavasji Framji v. Union of India, C.A. No. 5574 of 2009 15-03-2019

Punjab Excise Act, 1914 - Haryana Liquor License Rules 1970 - Rule 24 (i-eeee) - Haryana Liquor License (Amendment) Rules 2017 - Financial Commissioner was not competent to amend the Rules with regard to grant of number of licences for the entire state, and which power was exclusive to the State Government under Section 6 read with Section 13(a) and 58(2)(e) of the Act - Rule 24(i-eeee) as amended by the Financial Commissioner in exercise of powers under Section 59(a) of the Act is ultra vires the powers of the Financial Commissioner under the Act and is therefore struck down. Ranjan Gogoi (CJI), Navin Sinha & K.M. Joseph, JJ. International Spirits and Wines Association of India v. State of Haryana, AIR 2019 SC 955 : 2019 (3) Scale 472 C.A. No. 9533 of 2018 12-02-2019

Railway Protection Force Act, 1957 - Whether in the facts and circumstances of the case, the High Court has committed any error in treating and/or considering the O.M. No. 96/E(GR)I/16/I dated 8.5.2003 of the DoPT, Government of India as ‘in principle’ decision for constitution of the RPF as an Organized Group “A” Central Service and thereby directing to take further steps of Cadre Structure of RPF as also to finalize the Service Rules with reference to the RPF being an Organized Group “A” Central Civil Service? R.F. Nariman & M.R. Shah, JJ. Union of India v. Sri Harananda, 2019 (2) Scale 558 C.A. No. 1474 of 2019 05-02-2019

Railways Act, 1989 - S. 160 (2) - If any person breaks any gate or chain or barrier set up on either side of a level crossing which is closed to road traffic, he shall be punished with imprisonment for a term which may extend to 5 years. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Nagaraj v. Union of India, JT 2019 (3) SC 358 : 2019 (3) Scale 886 Crl.A. No. 324 of 2019 21-02-2019

Railways Act, 1989 - Ss. 123 & 124 A - The Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 - “untoward incident” - Principle of Strict Liability - The amount of compensation payable on the date of accident with reasonable rate of interest shall first be calculated. Uday Umesh Lalit & Indira Banerjee, JJ. Union of India v. Radha Yadav, JT 2019 (2) SC 95 : 2019 (1) RCR (Civil) 916 : 2019 (2) SCALE 323 C.A. No. 1265 of 2019 29-01-2019

Rajya Suraksha Adhiniyam, 1990 (Madhya Pradesh) - Ss. 3, 4, 13 & 18 - Power to make restriction order - Dispersal of gangs and bodies of persons - Power of externment of State Government - Delegation of power and duties of District Magistrates. Ashok Bhushan & K.M. Joseph, JJ. State of Madhya Pradesh v. Dharmendra Rathore, JT 2019 (1) SC 530 : 2019 (2) SCALE 187 Crl.A. No. 171 of 2019 29-01-2019

Ram Janmabhoomi Case - Ayodhya Matter - Regarding Mediation Proceedings. Ranjan Gogoi (CJI), Sharad Arvind Bobde, D.Y. Chandrachud, Ashok Bhushan, JJ. M. Siddiq (d) Thr. Lrs. v. Mahant Suresh Das, 2019 (4) Scale 359 C.A. No. 10866 of 2010 08-03-2019

Ram Janmabhoomi Case - Ayohya Matter - Physical Inspection Of Records - Reconstitution of Bench. Ranjan Gogoi (CJI), Sharad Arvind Bobde, N.V. Ramana, Uday Umesh Lalit, JJJ. M. Siddiq v. Mahant Suresh Das, 2019 (1) Scale 347 C.A. 10866 of 2010 10-01-2019

Real Estate (Regulation and Development) Act, 2016 - Section 2 (zk) - “promoter” - Definition of. D.Y. Chandrachud & Hemant Gupta, JJ. Association for Consumer Welfare and Aid v. Granite Gate Properties Private Limited, C.A. No. 259 of 2019 25-03-2019

Rent Control & Eviction - A married daughter would have a right of succession in the “lease premises” also. L. Nageswara Rao & M.R. Shah, JJ. Uma Mahesh Bandekar v. Vivek Sadanand Marathe, JT 2019 (3) SC 546 C.A. No. 2961 of 2019 13-03-2019

Rent Control Act, 2001 (Rajasthan) - Ss. 4, 6, 7, 9 & 14 - Premises (Control of Rent and Eviction) Act, 1950 (Rajasthan) - Rent to be as agreed - Revision of rent in respect of existing tenancies - Revision of rent in respect of new tenancies - Procedure for revision of rent - Fixation of Standard Rent. Ashok Bhushan & K.M. Joseph, JJ. Harbans Kaur v. Iqbal Singh, 2019 (1) RCR (Rent) 221 : 2019 (2) SCALE 193 C.A. No. 12561 of 2017 29-01-2019

Rent Control and Eviction - Accommodation Control Act, 1961 (Madhya Pradesh) - Section 23J (ii) - the classification of retired persons by inclusion of one class i.e. Government service etc. and exclusion of another i.e. of Municipal Corporation, would render the provisions of Section 23-J(ii) constitutionally fragile. Ranjan Gogoi (CJI), L. Nageswara Rao, Sanjiv Khanna, JJ. Subhash Chandra (d) Thr. Lrs. v. Gulab Bai, 2019 (1) SCALE 697 C.A. No. 1696 of 2016 22-01-2019

Representation of the People Act, 1951 - S. 29A - If the political group is not registered under Section 29A of the 1951 Act and is not recognized as per the provisions of Symbols Order, 1968, it may not be entitled to claim allotment of a common symbol which is reserved for a registered and recognized State/National political party. A.M. Khanwilkar & Ajay Rastogi, JJ. Edapaddi K. Palaniswami v. T.T.V. Dhinakaran, 2019 (3) Scale 309 S.L.P. (C) No. 7258 of 2018 07-02-2019

Review - The High Court unless looks into the facts of the appellant’s case and pleadings made therein the writ petition could not have been decided. Ashok Bhushan & K.M. Joseph, JJ. Krishna Nand Shukla v. Director of Higher Education Allahabad, JT 2019 (3) SC 325 : 2019 (4) Scale 157 C.A. No. 2544 of 2019 06-03-2019

Review - The review, it must be noted is not a re-hearing of the main matter. A review would lie only on detection without much debate of an error apparent. Ashok Bhushan & K.M. Joseph, JJ. High Court of Tripura thr. the Registrar General v. Tirtha Sarathi Mukherjee, 2019 (1) OLR 467 : 2019 (2) Scale 708 C.A. No. 1264 of 2019 06-02-2019

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24 - Whether the proviso contained in Section 24 of the 2013 Act is a proviso to Section 24(1)(b) or whether it is a proviso to Section 24(2) - Referred to Larger Bench. R.F. Nariman & Vineet Saran, JJ. Delhi Development Authority v. Virender Lal Bahri, JT 2019 (3) SC 96 : 2019 (3) Scale 853 27-02-2019

Right to Information Act, 2005 - Salient purpose which RTI Act is supposed to serve - This Act is enacted not only to sub-serve and ensure freedom of speech. On proper implementation, it has the potential to bring about good governance which is an integral part of any vibrant democracy. Attaining good governance is also one of the visions of the Constitution. It also has vital connection with the development. A.K. Sikri & S. Abdul Nazeer, JJ. Anjali Bhardwan v. Union of India, 2019 (3) Scale 447 W.P. (C) No. 436 of 2018 15-02-2019

Sale of Goods Act, 1930 - S. 4(1) - Sale and agreement to sell - Liability towards sales tax, in respect of the free replacement of defective parts in motor vehicles, during the period of warranty - It appropriate that the matter be considered by a larger Bench. L. Nageswara Rao & Sanjay Kishan Kaul, JJ. Tata Motors Ltd. v. The Depty Commissioner of Commercial Taxes (Spl.), 2019 (1) RCR (Civil) 999 : 2019 (2) Scale 470 C.A. No. 1822 of 2007 05-02-2019

Securities and Exchange Board of India Act, 1992 - S. 15J - Factors to be taken into account by the Adjudicating Officer - Whether the conditions stipulated in clauses (a), (b) and (c) of Section 15­J of the Securities and Exchange Board of India Act, 1992 are exhaustive to govern the discretion in the Adjudicating Officer to decide on the quantum of penalty or the said conditions are merely illustrative? Held, Clauses (a) to (c) in Section 15­J of the SEBI Act are merely illustrative and are not the only grounds/factors which can be taken into consideration while determining the quantum of penalty. Rajan Gogoi (CJI), Deepak Gupta & Sanjiv Khanna, JJ. Adjudicating Officer, Securities and Exchange Board of India v. Bhavesh Pabari, 2019 (4) Scale 58 C.A. No. 11311 of 2013 28-02-2019

Service Law - Age Relaxation - The Division Bench did not consider the submissions whether the Respondents could, as a matter of right, claim relaxation in age limit. Without considering said aspect of the matter, the Division Bench proceeded to pass the directions. The assessment made by the Division Bench was completely incorrect. U.U. Lalit & Indu Malhotra, JJ. Electronic Corporation of India Ltd. v. M. Shivani, JT 2019 (3) SC 285 : 2019 (4) Scale 539 C.A. No. 2560 of 2019 08-03-2019

Service Law - Andhra Pradesh Transmission Corporation (A.P. TRANSCO) & Andhra Pradesh Distribution Companies (DISCOMS) - Appointments to the posts of Junior Linemen have been made long back and the services of those appointed were regularised, any interference with such appointments will cause irreparable loss to them apart from adversely affecting the smooth functioning of the A.P. TRANSCO and the DISCOMS - Any future recruitment to the post of Junior Lineman shall be done strictly in accordance with the law. L. Nageswara Rao & Sanjay Kishan Kaul, JJ. K. Amarnath Reddy v. Chairman & Managing Director, APSPDCL, 2019 (3) Scale 619 C.A. No. 2049 of 2019 25-02-2019

Service Law - Annual Confidential Report (ACR) - Every entry in ACR - poor, fair, average, good or very good - must be communicated to him/her within a reasonable period. D.Y. Chandrachud & Hemant Gupta, JJ. Anil Kumar v. Union of India, 2019 (2) SCALE 501 C.A. No. 888 of 2019 21-01-2019

Service Law - Appointment on Compassionate Grounds - The decisions relied upon by the petitioner proceed on the premise that there is no vested right to have the matter considered under the former scheme and the governing scheme would be one which was in force when the applications came up for consideration. On the other hand, the decision relied upon by the respondent proceeds on a different principle and stipulates that the governing scheme would be the former scheme and any subsequent that came into force after the claim was raised would not be applicable. The principles emanating from these two lines of decisions, are not consistent and do not reconcile. The matter therefore requires consideration by a larger Bench of at least three Hon’ble Judges of this Court. U.U. Lalit & Indu Malhotra, JJ. State Bank of India v. Sheo Shanker Tewari, 2019 (1) CGLJ 418 : JT 2019 (2) SC 248 : 2019 (2) Scale 667 S.L.P. (C) No. 30335 of 2017 b08-02-2019

Service Law - Arrears and Other Benefits - Grant of - Delay - Only in a case where the delay is attributable to the employee the benefit can be restricted. L. Nageswara Rao & M.R. Shah, JJ. Giridhar v. State of Maharashtra, C.A. No. 957 of 2017 06-03-2019

Service Law - Central Civil Service (Pension) Rules (CCS Rules) - Rule 26 - In case of resignation from service or a post, unless the matter was covered under Sub-Rule 2 of Rule 26 of CCS Rules, it would entail forfeiture of past service. Since the past service would stand forfeited, the same would be excluded from the period of qualifying service, and as such for deciding the question of entitlement to pension, the employee would not have the qualifying period of service. U.U. Lalit & Indu Malhotra, JJ. State of Punjab v. Gurbaran Singh, 2019 (4) Scale 617 C.A. No. 2411 of 2019 01-03-2019

Service Law - Central Civil Services (Commutation of Pension) Rules, 1981 - Rule 4 - Restriction on commutation of pension - Commuted Value of Pension (CVP) - What is the nature of CVP. Is there legal right to receive CVP? Can there be cases where for delayed payment of CVP, interest can be ordered? Is there any provision which provides for interest? - Discussed. Ashok Bhushan & K.M. Joseph, JJ. Chief General Manager Gujarat Telecom Circle, Bharat Sanchar Nigam Ltd. v. Manilal Ambalal Patel, 2019 (4) Scale 500 C.A. No. 1681 of 2019 08-03-2019

Service Law - Central Civil Services (Pension) Rules, 1972 - R. 37 (1) - Pension on absorption in or under a corporation, company or body - a Government servant who is absorbed in a Corporation or Government Company is deemed to have retired from government service on the date of his/her absorption. Uday Umesh Lalit & Indu Malhotra, JJ. P. Bandopadhya v. Union of India, JT 2019 (3) SC 436 C.A. No. 3149 of 2019 15-03-2019

Service Law - Compassionate Appointment - Delay - The claim was liable to be rejected on that ground. D.Y. Chandrachud & Hemant Gupta, JJ. Govt. of India v. P. Venkatesh, C.A. No. 2425 of 2019 01-03-2019

Service Law - Compassionate Appointment - Delay to submit application - the basis of a scheme of compassionate appointment lies in the need of providing immediate assistance to the family of the deceased employee. This sense of immediacy is evidently lost by the delay on the part of the dependant in seeking compassionate appointment. D.Y. Chandrachud & Hemant Gupta, JJ. State of Himachal Pradesh v. Shashi Kumar, 2019 (2) SCALE 84 C.A. No. 988 of 2019 16-01-2019

Service Law - Compassionate Appointment - The High Court has virtually re-written the terms of the policy and has issued a direction to the State to consider applications which do not fulfill the terms of the policy. This is impermissible. D.Y. Chandrachud & Hemant Gupta, JJ. State of Himachal Pradesh v. Parkash Chand, 2019 (2) SCALE 506 C.A. No. 977 of 2019 17-01-2019

Service Law - Contempt of Court - Daily Wagers - Benefits - Regular employees are entitled to 12 days of casual leave in a year i.e. applicable to all Government employees. A.K. Sikri, S. Abdul Nazeer & M.R. Shah, JJ. State of Gujarat v. Pwd and Forest Employees Union, 2019 (3) Scale 642 C.A. No. 1684 of 2019 15-02-2019

Service Law - Dearness Allowance - the revision of wage or Dearness Allowance would depend upon the ability and the financial position of the employer. R. Banumathi & Indira Banerjee, JJ. Tamil Nadu Electricity Board Rep. By Its Chairman v. TNEB - Thozhilalar Aykkiya Sangam by its General Secretary, 2019 (3) Scale 416 C.A. No. 1653 of 2019 13-02-2019

Service Law - Eligibility of the candidates must be decided with reference to the qualification possessed as on the cut-off date and the qualification acquired later in point of time cannot make a candidate eligible. Ashok Bhushan & K.M. Joseph, JJ. Rakesh Bakshi v. State of Jammu and Kashmir, 2019 (1) SCALE 570 C.A. No. 235 of 2019 22-01-2019

Service Law - Equation of pay scales must be left to the Government and on the decision of the experts and the Court should not interfere with it. R. Banumathi & Indira Banerjee, JJ. Punjab State Electricity Board v. Thana Singh, AIR 2019 SC 354 : 2019 (1) Scale 244 C.A. No. 193 of 2019 08-01-2019

Service Law - Exercise of the power of relaxation without informing the candidates about the existence of such power would be detrimental to the interests of others who did not possess the certificate and did not take part in the selection process. L. Nageswara Rao & Sanjay Kishan Kaul, JJ. Sanjay K. Dixit v. State of Uttar Pradesh, JT 2019 (4) SC 21 : 2019 (3) Scale 671 C.A. No. 1961 of 2019 22-02-2019

Service Law - It was for the employee to know the rule. The department was not expected to advise and/or tell the employee about how the seniority will be fixed and/or about the rota­quota rule. L. Nageswara Rao & M.R. Shah, JJ. P. Subramaniyam v. Union of India, JT 2019 (3) SC 429 C.A. No. 7779 of 2012 15-03-2019

Service Law - Life Insurance Corporation Act, 1956 - Caretaker on temporary basis - It is now almost 19 years that the respondent has been out of appellant’s services - the interest of justice would be met if a compensation of Rs.One Lakh (Rs.1,00,000/­) is awarded to the respondent in full and final satisfaction in lieu of his right to claim reinstatement in the appellant's services and also in lieu of all his service claims against the appellant. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Life Insurance Corporation of India v. Dinesh Singh, JT 2019 (3) SC 542 C.A. No. 3197 of 2019 26-03-2019

Service Law - Parity of Pay Scale - Burden of Proof - Electricity (Supply) Act, 1948 - Section 79(c) - Punjab Public Works Departments (Electricity Branch) State Service Class-III (Subordinate Posts) Rules, 1958 - Question of parity of pay scale between the Head Clerks and the Internal Auditors - Burden of proof on the person claiming parity of pay scale. R. Banumathi & Indira Banerjee, JJ. Punjab State Power Corporation Ltd. v. Rajesh Kumar Jindal, 2019 (1) Crimes 43 : JT 2019 (1) SC 113 : 2019 (1) Scale 218 C.A. No. 195 of 2019 08-01-2019

Service Law - Pension - It would be inadvisable to expand such beneficial schemes beyond their contours to extend them to employees for whom they were not meant for by the Legislature. Ranjan Gogoi (CJI), Sanjay Kishan Kaul & K.M. Joseph, JJ. Life Insurance Corporation of India v. Shree Lal Meena, JT 2019 (3) SC 469 C.A. No. 14739 of 2015 15-03-2019

Service Law - Pension - Order of reversion issued nearly twenty­five years later to be highly unjust, inequitable and arbitrary suffering from the vice of unreasonableness. Arun Mishra & Navin Sinha, JJ. Sukh Bilash Thakur v. Bihar State Electricity Board, AIR 2019 SC 501 : JT 2019 (1) SC 107 : 2019 (1) SCALE 301 C.A. No. 217 of 2019 09-01-2019

Service Law - Pension Rules - Voluntary Retirement Scheme (VRS) - To avail of the benefit of Pension Rules, an employee must qualify in terms of the Rules. Sanjay Kishan Kaul & Deepak Gupta, JJ. Delhi Transport Corporation v. Balwan Singh, JT 2019 (3) SC 31 : 2019 (3) Scale 771 C.A. No. 7159 of 2014 26-02-2019

Service Law - Possessing the qualification would not change the situation as the appointments had been illegally made. Any approval made by the State Government / University will not come to the rescue. Arun Mishra & Vineet Saran, JJ. Secrtary / Corresponent St. John's College v. Dr. S. Wilson, 2019 (1) Scale 555 C.A. No. 10478 of 2011 09-01-2019

Service Law - Promotion - The right is to be considered for promotion in accordance with the Rules as they exist when the exercise is carried out for promotion. D.Y. Chandrachud & Hemant Gupta JJ. Union of India v. Krishna Kumar, AIR 2019 SC 675 : 2019 (1) Scale 691 C.A. No. 672 of 2019 14-01-2019

Service Law - Railway - Halt Contractor - Appointment of heirs and successors of deceased halt contractors - Merely because the respondent-original petitioner was permitted by the appellant-Railway authorities to work in the place of his ailing father, he cannot, as a matter of right, claim preference as an heir of contractor. R. Banumathi & R. Subhash Reddy, JJ. Union of India v. Md. Samim Azad, (2019) 3 SCC 327 : JT 2019 (2) SC 311 : 2019 (2) Scale 432 C.A. No. 1382 of 2019 01-02-2019

Service Law - Recommendation for appointment to the post of Director General of Police by the Union Public Service Commission and preparation of panel should be purely on the basis of merit from officers who have a minimum residual tenure of six months i.e. officers who have at least six months of service prior to the retirement. Ranjan Gogoi (CJI), L. Nageswara Rao & Sanjiv Khanna, JJ. Prakash Singh v. U. O. I., JT 2019 (3) SC 291 W.P. (C) No. 310 of 1996 13-03-2019

Service Law - Reduction of Salary - Banking Service - Salary as well as perquisites are subject to change from time to time. Therefore, mere fact that the salary was changed subsequently, it will not confer any legally enforceable right in favour of the employee to challenge the same on the ground that the same is arbitrary or unjust. Since, the salary has been fixed for all Officers of the Public Sector Banks in a non-discriminatory manner keeping in view the Cost of Living Index, the High Court erred in law in setting aside the reduction in salary. U.U. Lalit & Hemant Gupta, JJ. State Bank of India v. Ravindra Nath, C.A. No. 12367 of 2017 12-02-2019

Service Law - Reinstatement - there was no challenge to the regular selections made during the pendency of the writ petition by G or anyone else. When two regular principals have already joined and worked during the period when the writ petition remained pending, High Court committed error in directing for reinstatement of G with 50% back wages. Direction of reinstatement itself was unfounded. Looking to the very nature of the appointment of G who was only an Incharge, Principal in view of the subsequent development as noticed above, there was no question of direction of reinstatement of G on the post of Incharge Principal. The judgment of the High Court is unsustainable and deserves to be set aside. Ashok Bhushan & K.M. Joseph, JJ. Gopinath v. Harischandra, 2019 (2) SCALE 444 C.A. No. 6308 of 2013 24-01-2019

Service Law - Seniority - Assistant Teacher in Secondary School - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - Rules 2 (j), 2 (k), 6, 12(3) - “trained graduate” - “trained teacher” - Qualification of the Teachers - Seniority List - Guidelines for fixation of seniority of teachers in the primary schools - Guidelines for fixation of seniority of teachers in the secondary schools Junior Colleges of Education and Junior College classes attached to secondary schools and Senior Colleges. Ashok Bhushan & Ajay Rastogi, JJ. Ku. Bhawana v. State of Maharashtra, AIR 2019 SC 238 : 2019 (1) All.M.R. 954 : JT 2019 (1) SC 143 : 2019 (1) Scale 148 C.A. No. 11934 of 2018 04-01-2019

Service Law - Special pay is granted for specific purposes and in response to specific situation and circumstances. Ashok Bhushan & L. Nageswara Rao, JJ. Union of India v. Dr. O. P. Nijhawan, JT 2019 (1) SC 152 : 2019 (1) Scale 121 C.A. No. 12040 of 2018 03-01-2019

Service Law - Subordinate Offices Ministerial Staff (District Recruitment) Rules 1985 - Rule 22 - The status of the respondent at all material times has been of a daily wage employee. He has not been appointed on a regular basis. He has no vested right to claim regularization in service. D.Y. Chandrachud & Hemant Gupta, JJ. State of U.P. v. Mohd. Suleman Siddiqui, 2019 (4) Scale 588 C.A. No. 4262 of 2015 12-02-2019

Service Law - Tamil Nadu Revenue Subordinate Service Rules (TNRSS Rules) - Implementation of the amended Rule 5(g) in Annexure-III, item No. (ii). R. Banumathi & R. Subhash Reddy, JJ. A. Rajagopalan v. District Collector, Thiruchirapalli District, C.A. No. 251 of 2015 12-03-2019

Service Law - The appellant did not at any stage challenge the appointment of the respondent to the post of JDTP nor did he challenge the GR dated 20 March 2003 providing for consequential seniority. The appellant was not eligible for the post of DTP on 30 April 2016, when the vacancy occurred. He cannot, hence, challenge the appointment of the first respondent. D.Y. Chandrachud & Hemant Gupta, JJ. Sudhakar Baburao Nangnure v. Noreshwar Raghunathrao Shende, 2019 (4) Scale 417 C.A. No. 2468 of 2019 05-03-2019

Service Law - the higher pay scale which was given to Head Operators under note 13 was occasioned by the creation of an intermediate post of Senior Operators. Once the intermediate post was abolished since it was found to be ultra vires by the High Court, the pay scale of Head Operators was restored to the exactly corresponding pay scale under the revised scales of pay. D.Y. Chandrachud & Hemant Gupta, JJ. T.I. Jose v. Managing Director, Kerala Water Authority, 2019 (4) Scale 565 C.A. No. 4676 of 2012 13-02-2019

Service Law - The issue pertains to a direction for regularizing the services of eighteen respondents in Group ‘D’ posts at the Regional Training Institute at Allahabad. The organization falls under the administrative control of the Comptroller and Auditor General of India. D.Y. Chandrachud & Hemant Gupta, JJ. Union of India v. Central Administrative Tribunal, 2019 (1) SCALE 527 C.A. No. 175 of 2019 08-01-2019

Service Law - The Rajasthan State Sports Council Service Rules, 2006 - Rule 9 (4) does not indicate that the vacancies must be filled in on the basis of Rules as they prevail in the year in which they have occurred. D.Y. Chandrachud & Hemant Gupta, JJ. Rajasthan State Sports Council Secretary v. Uma Dadhich, 2019 (3) SCALE 90 C.A. No. 883 of 2019 21-01-2019

Service Law - The seniority of the part time chowkidars who are granted daily wage status will be counted from the date of completion of ten years as part time chowkidars though without any financial benefits for the past. D.Y. Chandrachud & Hemant Gupta, JJ. State of Himachal Pradesh v. Pinju Ram, 2019 (2) SCALE 763 C.A. No. 898 of 2019 22-01-2019

Service Law - The word ‘as’ and the words ‘experience as Company Secretary’ used in the advertisement are very clear and it means the candidate ought to be appointed and worked as such ‘as’ a Company Secretary. As appellant did not fulfil the eligibility criteria of having five years post qualification experience ‘as’ Company Secretary as on 30.11.2013, the services of the appellant have rightly been terminated. L. Nageswara Rao & M.R. Shah, JJ. Ritu Bhatia v. Ministry of Civil Supplies Consumer Affairs & Public Distribution, AIR 2019 SC 838 : 2019 (2) ALD 136 : 2019 (160) FLR 786 : 2019 (1) JLJR 497 : 2019 (1) PLJR 569 : 2019 (2) Scale 517 C.A. No. 1467 of 2019 05-02-2019

Service Law - Unless and until that governing criteria was departed from specifically, mere expression “consequential benefits” would not entitle the concerned employees anything greater than what was contemplated in the policy documents issued by the State Government. Uday Umesh Lalit & M.R. Shah, JJ. K. Ananda Rao v. S.S. Rawat, IAS, 2019 (4) Scale 447 Cont. P. (C) No. 1045 of 2018 07-03-2019

Service Law - Whether the claim of the applicant to be included in the Panel dated 09.01.2001 for promotion as APO was barred by delay and laches - Whether under 30% quota of LDCE, all the 05 vacancies ought to have been made unreserved and notification dated 14.10.1999 making 04 vacancies unreserved and 01 vacancy reserved for SC was illegal. Ashok Bhushan & K.M. Joseph, JJ. Union of India v. C. Girija, 2019 (3) Scale 527 C.A. No. 1577 of 2019 13-02-2019

Service Law - Writ of Mandamus - For grant of pay scale on the basis of parity - Writ Petition dismissed. R.F. Nariman & Navin Sinha, JJ. Anjali Arora v. Union of India, 2019 (3) Scale 83 W.P. (C) No. 333 of 2018 11-02-2019

Settlement - It was necessary for the High Court to record a categorical finding on the issue as to how and on what basis the respondent has complied with the terms of settlement and has thus discharged its entire liability. Abhay Manohar Sapre & R. Subhash Reddy, JJ. Punjab Financial Corporation v. M/s Paulbro Leathers Pvt. Ltd., JT 2019 (1) SC 140 : 2019 (1) Scale 215 C.A. No. 118 of 2019 07-01-2019

Special Marriage Act, 1954 - Ss. 24 & 25 - Once the marriage is void the same is a nullity and at any time the same can be declared as nullity being a void marriage. L. Nageswara Rao & M.R. Shah, JJ. Swapnanjali Sandeep Patil v. Sandeep Ananda Patil, C.A. No. 2534 of 2019 06-03-2019

Specific Performance - A finding on the issue of readiness and willingness is one of the important and relevant findings in a suit for specific performance of an agreement. Abhay Manohar Sapre & Indu Malhotra, JJ. Vijay A. Mittal v. Kulwant Rai, JT 2019 (1) SC 611 : 2019 (2) SCALE 151 C.A. No. 5177 of 2009 28-01-2019

Specific Relief Act, 1963 - In a suit filed under Section 38 of the Specific Relief Act, possession on the date of suit is a must for grant of permanent injunction. When the first respondent-plaintiff has failed to prove that he was in actual possession of the property on the date of the suit, he is not entitled for the decree for permanent injunction. R. Banumathi & R. Subhash Reddy, JJ. Balkrishna Dattatraya Galande v. Balkrishna Rambharose Gupta, AIR 2019 SC 933 : 2019 (2) ALT 7 : 2019 (1) CGLJ 473 : JT 2019 (2) SC 398 : 2019 (1) RCR (Civil) 978 : 2019 (2) Scale 606 C.A. No. 1509 of 2019 06-02-2019

Specific Relief Act, 1963 - S. 16 - the plaintiff-appellant had failed to aver and prove his readiness and willingness to perform his part of the contract - Trial Court made a rather assumptive observation that he had proved such readiness and willingness - Thereafter, the plaintiff sought leave to amend the plaint only when the ground to that effect was taken in the first appeal by the defendant - It was too late in the day for the plaintiff to fill up such a lacuna in his case only at the appellate stage - late attempt to improve upon the pleadings of the plaint at the appellate stage was only an exercise in futility. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Mehboob-Ur-Rehman (d) Thr Lrs. v. Ahsanul Ghani, JT 2019 (2) SC 417 : 2019 (3) Scale 545 C.A. No. 8199 of 2009 15-02-2019

Specific Relief Act, 1963 - Ss. 16 (c), 20, 21, 22 & 23 - the grant of relief of specific performance is a discretionary and equitable relief. Abhay Manohar Sapre & Indu Malhotra, JJ. Kamal Kumar v. Premlata Joshi, AIR 2019 SC 459 : JT 2019 (1) SC 240 : 2019 (1) RCR (Civil) 576 : 2019 (1) Scale 203 C.A. No. 4453 of 2009 07-01-2019

Succession Act, 1925 - Sections 25, 372 and 383 - “lineal descendant” - Lineal Consanguinity - Application for Certificate - Revocation of Certificate - A Succession Certificate can be granted in an application in which necessary particulars are set out as mentioned in Section 372. Revocation cannot be granted unless anyone of sub-sections (a) to (e) of Section 383 is satisfied. Rohinton Fali Nariman & Vineet Saran, JJ. Joseph Easwaran Wapshare v. Shirley Katheleen Wheeler, 2019 (4) Scale 612 C.A. No. 2284 of 2019 26-02-2019

Tax Law - Karnataka Sales Tax Act, 1957 - S. 6­B (1). A.M. Khanwilkar & Ajay Rastogi, JJ. Achal Industries v. State of Karnataka, C.A. No. 4837 of 2011 28-03-2019

Tax Law - Rajasthan Value Added Tax Act, 2003 - ‘Gypsum’ (calcium sulphate dihydrate – CaSO4.2H2O) - the amended Entry 56 of Schedule IV of the RVAT, read as ‘gypsum in all its forms’, would include ‘gypsum board’ under the term ‘all its forms. Ranjan Gogoi (CJI), Sanjay Kishan Kaul & K.M. Joseph, JJ.. Additional Commissioner (Legal) Commercial Taxes Rajasthan v. M/s Lohiya Agencies, AIR 2019 SC 345 : JT 2019 (1) SC 228 : 2019 (1) Scale 277 C.A. No. 180 of 2019 08-01-2019

Tax Law - Rajasthan Value Added Tax Act, 2003 - Which is the proper Entry under the VAT Act for charging tax on "Mobile Crane Wire Ropes" - Whether the goods "Mobile Cranes Wire Ropes" fall under Entry 155 of Schedule IV or under the Residuary Entry of Schedule V of the VAT Act - Held, the wire ropes used in the Mobile Cranes are a part of the Mobile Cranes and thus fall in Entry 155 of Schedule IV of the VAT Act - It is taxable at the rate of 4%. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. CTO, Anti Evasion, Circle III, Rajasthan, Jaipur v. Prasoon Enterprises, Jaipur, JT 2019 (3) SC 590 C.A. No. 3198 of 2019 26-03-2019

Tax Law - Whether the sugarcane purchase price paid to the cane growers by the assessee-society more than the SMP and is determined under Clause 5A of the Control Order, 1966, can be said to be the sharing of profit/appropriation of profit or is allowable as expenditure. A.K. Sikri, S. Abdul Nazeer & M.R. Shah, JJ. C.I.T. Bombay v. Tasgaon Taluka S.S.K. Ltd., 2019 (4) Scale 242 C.A. No. 8890 of 2012 05-03-2019

Temple - Private Temple and Public Temple - Shri Ram Mandir is a public temple and not a private temple and that the agricultural lands were given to the Deity and not to the pujaris. R. Banumathi & R. Subhash Reddy, JJ. Shri Ram Mandir Indore v. State of Madhya Pradesh, JT 2019 (4) SC 28 : 2019 (4) Scale 302 C.A. No. 5043 of 2009 27-02-2019

Tenancy and Agricultural Lands Act, 1950 (Andhra Pradesh Telangana Area) - Ss. 19, 40 & 48­A - Appellants instead of cultivating the suit land transferred it to several persons for other purpose which was against the grant and the provisions of the Act. The appellants, however, failed to prove otherwise despite affording them an opportunity to file reply. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Gaddam Ramulu v. Joint Collector, Adilabad District, JT 2019 (3) SC 80 : 2019 (3) Scale 847 C.A. No. 8366 - 8367 of 2010 27-02-2019

Tenancy Law - Bombay Tenancy and Agricultural Lands Act, 1948 - S. 32 - Procedure of Taking Possession - Landlord’s right to terminate tenancy for personal cultivation and non agricultural purpose - Tenants deemed to have purchased land on tillers’ day - Tenants are deemed to have purchased upto ceiling area - Right of tenant to purchase where landlord is minor etc. - purchase price and its maxima - Discussed. Ashok Bhushan & K.M. Joseph, JJ. Bayaji Sambhu Mali @ Borate (d) Through Lrs. v. Nazir Mohammed Balal Zari Through Gpa Holder Gpa Holder, 2019 (3) Scale 253 C.A. No. 1644 of 2019 12-02-2019

Terrorist and Disruptive Activities (Prevention) Act, 1987 - Ss. 3, 4, 5 & 19 - Penal Code, 1860 - Ss. 121, 121A, 122 r/w. 34 - Arms Act, 1959 - Ss. 25(1)(A)(D), 25(1AA), 25(1B)(A B F G), 27(1), 29(A) - Telegraph Act, 1885 - S. 20 - Wireless Telegraphy Act, 1933 - S. 6(1­A) - Prosecution has essentially relied upon the confessional statement of the accused recorded under the provisions of TADA. That will be of no avail and certainly not admissible against the accused in the trial for offences under other enactments, especially when the Designated Court could not have taken cognizance of the offence under TADA for lack of a valid sanction. A.M. Khanwilkar & Ajay Rastogi, JJ. State of Gujarat v. Anwar Osman Sumbhaniya, JT 2019 (3) SC 262 : 2019 (4) Scale 132 Crl.A. No. 1359 of 2007 27-02-2019

Town Planning - DDA was not entitled to raise any demand of unearned increase from the writ petitioner. Ashok Bhushan & K.M. Joseph, JJ. Delhi Development Authority v. M/s. Karamdeep Finance & Investment (i) Pvt. Ltd., 2019 (3) Scale 238 C.A. No. 1533 of 2019 12-02-2019

Town Planning - Nagpur Improvement Trust Act 1936 - Maharashtra Regional Town Planning Act, 1966 - Section 39 - NIT (Land Disposal) Rules, 1983 - Rule 5 (2) - Object and purpose of MRTP Act - Variation of town planning scheme by development plan - Merely because to avoid any further legal complication, if the NIT has modified the Scheme that would not preclude the NIT and/or the original land owners/developers to challenge the impugned judgment and order. A.K. Sikri, Ashok Bhushan, M.R. Shah, JJ. Nagpur Improvement Trust v. Bombaywala, 2019 (1) SCALE 598 C.A. No. 937 of 2019 22-01-2019

Transfer of Property Act, 1882 - If the parties really intended to surrender their tenancy rights as contemplated in clauses (e) or (f) of Section 111 of the TP Act while entering into an agreement to sell the suit house, it would have made necessary provision to that effect by providing a specific clause in the agreement. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Dr. H.K. Sharma v. Ram Lal, 2019 (1) RCR (Rent) 227 : 2019 (2) SCALE 165 C.A. No. 1237 of 2019 28-01-2019

Transfer of Property Act, 1882 - S. 43 - Transfer by unauthorised person who subsequently acquires interest in property transferred. L. Nageswara Rao & M.R. Shah, JJ. Tanu Ram Bora v. Promod Ch. Das (d) thr Lrs., AIR 2019 SC 927 : 2019 (2) ALT 28 : JT 2019 (2) SC 236 : 2019 (2) Scale 672 C.A. No. 1575 of 2019 08-02-2019

Transfer of Property Act, 1882 - S. 60 - Right of mortgagor to Redeem - Considering Section 60 of the TP Act, mortgagor has a right to redeem the mortgage as provided under first part of Section 60 of the TP Act, however, provided the right conferred in favour of mortgagor has not been extinguished by act of the parties or by decree of the Court, as per Proviso to Section 60 of the TP Act. L. Nageswara Rao & M.R. Shah, JJ. Shri Gowramma v. Shri Kalingappa (d) By Lrs., AIR 2019 SC 1012 : JT 2019 (2) SC 252 : 2019 (2) Scale 678 C.A. No. 1574 of 2019 08-02-2019

Transfer of Property Act, 1882 - Section 122 - If the gift is evidenced by consideration, same cannot be valid one within the meaning of Section 122 of the T.P. Act. Mentioning of Rs.5,000/- in the first page, for the purpose of valuation, cannot be said to be a consideration received by the donor for executing the gift deed. R. Banumathi & R. Subhash Reddy, JJ. Jagdish Chander v. Satish Chander, JT 2019 (3) SC 22 : 2019 (4) Scale 127 C.A. No. 2361 of 2019 27-02-2019

Transfer of Property Act, 1882 - the Act is silent on arbitrability, and does not negate arbitrability. Rohinton Fali Nariman & Vineet Saran, JJ. Vidya Drolia v. Durga Trading Corporation, 2019 (4) Scale 749 C.A. No. 2402 of 2019 28-02-2019

University - Permanent Faculty - It is interesting to note that even after such stand was taken by the University in the year 2001, in its communications with AICTE, at every stage the faculty position in said College of Engineering was always referred to and described as permanent faculty. Progress Profile of the existing Technical Institution prepared by AICTE which was referred to by the Single Judge is very clear that the appellants were shown to be part of permanent faculty and were projected to be permanent employees of the University. It would not therefore be proper on part of the University to brand the very same faculty to be on contractual basis or for a limited duration of time. U.U. Lalit & Indira Banerjee, JJ. Abdul Hakeem M.A. v. Mahatma Gandhi University, 2019 (4) Scale 347 C.A. No. 2388 of 2019 28-02-2019

Unlawful Activities (Prevention) Act, 1967 - S. 43D - Undoubtedly the request of an IO for extension of time is not a substitute for the report of the public prosecutor but as per the comparison of the two documents, an application of mind by the public prosecutor as well as an endorsement by him, the infirmities in the form should not entitle the respondents to the benefit of a default bail when in substance there has been an application of mind. Ranjan Gogoi (CJI), L. Nageswara Rao & Sanjay Kishan Kaul, JJ. State of Maharashtra v. Surendra Pundlik Gadling, AIR 2019 SC 975 : 2019 (3) Scale 379 Crl.A. No. 264 of 2019 13-02-2019

Wakf Act, 1995 - Ss. 83 & 85 - Constitution of Tribunals - Bar of jurisdiction of Civil Courts - Whether suit filed by the appellant before the Wakf Tribunal praying for decree of possession of suit property was maintainable in Wakf Tribunal or would lie only in a Civil Court - Whether a suit within the meaning of Section 6 sub-section (1) or Section 7(1) is to be filed within a period of one year of publication of list of Wakfs under Section 5. Ashok Bhushan & K.M. Joseph, JJ. Punjab Wakf Board v. Sham Singh Harike, JT 2019 (2) SC 263 : 2019 (3) Scale 56 C.A. No. 92 of 2019 07-02-2019

Writ Petition - Maintainability of - Against private school receiving grant in aid to the extent of dearness allowance - the Writ Application is maintainable. Arun Mishra & Navin Sinha, JJ. Marwari Balika Vidyalaya v. Asha Srivastava, 2019 (4) Scale 600 C.A. No. 9166 of 2013 14-02-2019