FIRST LAW

1. 63 Moons Technologies Ltd. (formerly Known As Financial Technologies India Ltd. v. Union of India The Companies Act, 1956 - Section 396 - Power of Central Government to provide for amalgamation of companies in public interest - Applicability and construction of. Citations : 2019 (7) SCALE 50 Case Number : C.A. No. 4476 of 2019 30-04-2019 Petitioner's Advocate : E.C. Agrawala Bench : Hon'ble Mr. Justice Rohinton Fali Nariman, Hon'ble Mr. Justice Vineet Saran Judgment By : Hon'ble Mr. Justice Rohinton Fali Nariman 2. Poonam Bai v. The State of Chhattisgarh The Indian Penal Code, 1860 - Section 302 - Murder - Dying Declaration - There cannot be any dispute that a dying declaration can be the sole basis for convicting the accused. However, such a dying declaration should be trustworthy, voluntary, blemishless and reliable. In case the person recording the dying declaration is satisfied that the declarant is in a fit medical condition to make the

Accident - An accident postulates a mishap or an untoward happening, something which is unexpected and unforeseen. A bodily injury caused by an accident is not limited to any visible physical marks in the form of lesions, abrasions or broken bones on the body. A bodily injury can be caused by violent means that are external and relate to the use of strong physical force or even threatening someone by the use of violent words or actions. D.Y. Chandrachud & Hemant Gupta, JJ. Alka Shukla v. Life Insurance Corporation of India , C.A. No. 3413 of 2019 24-04-2019

1. Govind Singh v. The State of Chhattisgarh The Indian Penal Code, 1860 - Section 302 - Murder - Quarrel between the appellant-father and his daughter-deceased - the appellant-accused threw chimney lamp on the deceased causing her burn injuries - She sustained injuries on her face, chest and stomach and parts below the legs. The deceased succumbed to injuries seven days after the occurrence. The entire occurrence was in a spur of moment. There was quarrel between the father and daughter as to where the bulb is to be put on. In the sudden quarrel and in spur of the moment, the appellant threw the chimney lamp on his daughter. The occurrence was sudden and there was no premeditation. The chimney lamp was burning there which the appellant had picked up and thrown on the deceased. Since the occurrence was in sudden quarrel and there was no premeditation, the act of the accused would fall under Exception 4 to Section 300. The conviction of the appellant-accused under Section 302 IPC i

Accident - An accident postulates a mishap or an untoward happening, something which is unexpected and unforeseen. A bodily injury caused by an accident is not limited to any visible physical marks in the form of lesions, abrasions or broken bones on the body. A bodily injury can be caused by violent means that are external and relate to the use of strong physical force or even threatening someone by the use of violent words or actions. D.Y. Chandrachud & Hemant Gupta, JJ. Alka Shukla v. Life Insurance Corporation of India , C.A. No. 3413 of 2019 24-04-2019

Contempt of Court – Whether a contempt petition is maintainable only at the behest of a party to the judgment – Held, The directions issued by this Court are general in nature and any violation of such directions would enable an aggrieved party to file a contempt petition.

1. Jagdishraj Khatta v. The State of Himachal Pradesh The Indian Penal Code, 1860 - Sections 498A and 306 - The Indian Arms Act, 1959 - Section 30 -  the prosecution was not able to prove the guilt of the appellant beyond reasonable doubt - this was not a fit case for the High Court to interfere with the well­ reasoned judgment and order of acquittal passed by the Trial Court, particularly when there existed no grave infirmity in the findings of the Trial Court. Citations : JT 2019 (4) SC 544 : 2019 (6) SCALE 790 Case Number : Crl.A. No. 539 - 540 of 2008 26-04-2019 Petitioner's Advocate : Gaurav Agrawal Respondent's Advocate : Abhinav Mukerji Bench : Hon'ble Mr. Justice N.V. Ramana, Hon'ble Mr. Justice S. Abdul Nazeer Judgment By : Hon'ble Mr. Justice N.V. Ramana 2. Sadayappan @ Ganesan v. State Represented by Inspector of Police The Indian Penal Code, 1860 - Section 302 read with Section 34 - Criminal law jurisprudence makes a clear distinc

Service Law – Offence involving Moral Turpitude - Discharged from service - Whether an offence involving bodily injury can be categorized as a crime involving moral turpitude.

1. Hirabai (d) Thr. Lrs. v. Ramniwas Bansilal Lakhotiya (d) by Lrs. & Ors. Civil Law - Suit for declaration of title over suit property and for permanent injunction - Trial court dismissed the suit and dismissal was upheld by first appellate court and High Court. Held, the concurrent findings recorded by courts below were binding on High Court as also on Apex Court. All these findings were recorded on proper appreciation of facts and law. Suit filed by plaintiff appears to collusive to avoid execution of decree. The sale of suit property was by Karta for legal necessity and for benefit of the family, hence it was binding on plaintiffs. Plaintiffs failed to plead that the sale was not for said purpose. Hence the impugned order calls for no interference.

The Indian Stamp Act, 1899 - Sections 38 and 40 - Collectorʹs power to stamp instruments impounded -  the Collector’s decision in such regard being final, upon a reference under Section 38(2) of the 1899 Act.

The Advocates Act, 1961 - Section 32 - The right of practice is different from the right of appearance in a particular case. The right of practice is a right of advocates to practice the profession of law before all courts, tribunals, authorities, etc, but the right of appearance to appear in a particular case on the permission granted by the court under Section 32 of the Act is an exception to the right of practice by advocates.

1. Reliance Life Insurance Co. Ltd. v. Rekhaben Nareshbhai Rathod Insurance Law - The fundamental principle is that insurance is governed by the doctrine of uberrima fidei . This postulates that there must be complete good faith on the part of the insured.  The relationship between an insurer and the insured is recognized as one where mutual obligations of trust and good faith are paramount. [Para 15]

1. Dharmaji Shankar Shinde v. Rajaram Shripad Joshi (dead) Through Lrs. Transfer of Property Act, 1882 - Section 58 (c) P roviso - If the sale and agreement to repurchase are embodied in the separate documents then the transaction cannot be a “mortgage by conditional sale” irrespective of whether the documents are contemporaneously executed; but the converse does not hold good. Observing that the mere fact that there is only one document, it does not necessarily mean that it must be a mortgage and cannot be a sale. [Para 13]

The Hindu Marriage Act, 1955 - Section 5 - A marriage solemnized between a male and a transwoman, both professing Hindu religion, is a valid marriage - the Registrar of Marriages is bound to register the same.

1. Kumar Ghimirey v. The State of Sikkim The Protection of Children from Sexual Offences Act, 2012 - Sections 9 and 10 - The Indian Penal Code, 1860 - Section 341 - the offence committed against the minor girl child (7 years) cannot be viewed lightly - Considering the serious nature of the offence the conviction of seven years RI need no interference in this appeal.

(2019) 3 SCC 415 |  Civil Procedure Code, 1908 - Appeal as an 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. Sushil Thomas Abraham v. Skyline Builders, AIR 2019 SC 512 : JT 2019 (1) SC 188 : 2019 (1) SCALE 178 : 2019 (1) RCR (Civil) 579

Supreme Court Weekly Digest April 1 - 5, 2019 Supreme Court Weekly Digest April 8 - 12, 2019 Allotment of Plot  - Cooperative Societies Act, 1961 (Punjab) - Section 26 (1-D) - Appellants cannot be deprived of a plot allotted to her merely on the basis that she has not made any grievance in respect of possession of the plot allotted on the basis of technicities. D.Y. Chandrachud &  Hemant Gupta , JJ.  Nisha Singla v. Adarsh Colony Cooperative House Building Society Ltd. , C.A. No. 3963 of 2019 16-04-2019

Constitution of India - Articles 15 (3) and 42 - Maternity Benefit Act, 1961 - Section 5 - Maternity Benefit (Amendment) Act, 2017 - Right to payment of maternity benefit - Provision for just and humane conditions of work and maternity relief - the petitioner is entitled for maternity leave for period of six months but wholly illegally leave was granted only for a period of three months.

Maternity Benefit Act, 1961 - Maternity Benefit (Amendment) Act, 2017 - the petitioner is entitled for maternity leave for period of six months but wholly illegally leave was granted only for a period of three months.  Prakash Padia, J .  Anshu Rani v. State of U.P. , W.A No. 3486 of 2019 19-04-2019

The Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 42 and 50 - N o secret information was received - Hence there was no question of compliance of Section 42 of NDPS Act followed by Section 50 of the Act - Only as per the provisions under Section 100 of the Cr.P.C. the search was carried out - The provisions under Section 50 of the NDPS Act are applicable to the personal search and not the search of the car.

The Specific Relief Act, 1963 - Section 14(1)(b) - the service of the Bishop is not a personal service.

Arbitration and Conciliation Act, 1996 - Ss. 11 (6A) r/w. 7 (2) - an arbitration clause in an agreement would not exist when it is not enforceable by law. Rohinton Fali Nariman & Vineet Saran, JJ. Garware Wall Ropes Ltd. v. Coastal Marine Constructions & Engineering Ltd. , C.A. No. 3631 of 2019 10-04-2019

1. Ashatai v. Shriram City Union Finance Ltd. The Consumer Protection Act, 1986 - Section 21 (b) - The Insurance Act, 1938 - Section 64 VB (2) -  the deceased husband of the Appellant had paid the insurance premium by a Demand Draft in favour of the Insurance Company. This has been acknowledged in paragraph 4(c) of the Revision Petition filed by the Respondent – Finance Company, as referred to above. As a consequence, the risk would be covered from the date of payment of the insurance premium. The loan was secured from the date on which the insurance premium was paid. The premium having been paid by the Appellant’s husband during his life­time, the loan was to be adjusted from the insurance policy. The National Commission has erroneously set aside the Order passed by the State Commission on factually incorrect grounds. The Appellant has made out a clear case of deficiency of service on the part of the Respondent – Finance Company.

1. Punjab Urban Planning and Development Authority v. Karamjit Singh Service Law - Regularization of Services - The Punjab Urban Planning & Development Authority Employees (Punishment and Appeal) Regulations, 1997 - An order of regularization obtained by misrepresenting facts, or by playing a fraud upon the competent authority, cannot be sustained in the eyes of law.

Administrative Law - Having silently participated in the whole process of selection without agitating their contentions at any time before the selection process started, they cannot be heard to say that the ranked list already published should be disturbed. V. Chitambaresh & A.M. Babu, JJ.  Sheeja U.M. v. Director of Collegiate Education , O.P. (KAT) No. 119 of 2019 12-04-2019

Supreme Court Weekly April 1 - 5, 2019 Arbitration and Conciliation Act, 1996  - Ss. 11 (6A) r/w. 7 (2) - an arbitration clause in an agreement would not exist when it is not enforceable by law.  Rohinton Fali Nariman  & Vineet Saran, JJ.  Garware Wall Ropes Ltd. v. Coastal Marine Constructions & Engineering Ltd. , C.A. No. 3631 of 2019 10-04-2019

1. The State of Tamil Nadu v. Elephant G. Rajendran Constitution of India - Article 226 - The Code of Criminal Procedure, 1973 - Idol Theft Case - Whether the High Court, in exercise of jurisdiction under Article 226 of the Constitution of India can appoint a police officer after his superannuation to head a Special Investigation Team (S.I.T.) to carry out investigations and other functions, which can be exercised by a police officer under the Code of Criminal Procedure? Held,  Insofar as filing of the statutory reports as per the procedure prescribed in the Code of Criminal Procedure, necessary reports have to be filed by the officer authorized as per Code of Criminal Procedure. (ii) There might arise exceptional cases where the direction for appointment of retired officers may be unavoidable to achieve the goal of justice but the High Court may resort to the power under Article 226 only after weighing all pros and cons and after exhausting all options and as a matter of last resor

1. Center of Indian Trade Union, A Federation of Registered Trade Unions v. The State of Maharashtra The Commission of Inquiry Act, 1952 - Power Project Agreement (PPA) - Though normally in such a case a judicial inquiry should have been conducted but as far as the present case is concerned, more than a quarter of century has elapsed since the first PPA was executed. The foreign corporation and the original project proponents are no longer available. Most of the senior officials would have retired and virtually no action can be taken against them. Furthermore, the commission of inquiry even if continued or constituted afresh, will take its own time and, as opined by Members of the Godbole Committee, the constitution of such commission of inquiry would serve no useful purpose. This was the stand in the year 2001 and has greater force 18 years later. In view of the long delay and in view of the fact that due to non­availability of many persons involved, no useful purpose would be se

The Code of Criminal Procedure, 1973 – Section 125 - The Protection of Women from Domestic Violence Act, 2005 - Sections 20 and 23 - Monetary Reliefs - An order under Section 20 DV Act is not restricted by an order under section 125 Cr.P.C.

1. Yashwant Sinha v. Central Bureau of Investigation Through Its Director The Official Secrets Act, 1923 - Sections 3 and 5 - The Right to Information Act, 2005 - Sections 8 (1) (a) and 8 (2) - The Indian Evidence Act, 1872 - Section 123 - Penalties for Spying - Wrongful Communication, etc., of Information - Exemption from disclosure of information - Evidence as to affairs of State - There is no provision in the Official Secrets Act and no such provision in any other statute has been brought to our notice by which Parliament has vested any power in the executive arm of the government either to restrain publication of documents marked as secret or from placing such documents before a Court of Law which may have been called upon to adjudicate a legal issue concerning the parties.

Practice and Procedure - The practice of summoning officers to court is not proper and does not serve the purpose of administration of justice in view of the separation of powers of the Executive and the Judiciary. If an order is not legal, the Courts have ample jurisdiction to set aside such order and to issue such directions as may be warranted in the facts of the case.

1. Sampat Babso Kale v. The State of Maharashtra The Indian Penal Code, 1860 - Section 302 / 498A read with Section 34 - Dying Declaration - A dying declaration is an extremely important piece of evidence and where the Court is satisfied that the dying declaration is truthful, voluntary and not a result of any extraneous influence, the Court can convict the accused only on the basis of a dying declaration.

The Indian Penal Code, 1860 - Sections 302, 324 and 120B – Murder - Right of Private Defence - For the accused to successfully plead and put forth a case of self-defence, he has to prove that he was challenged and had a real apprehension of threat in his mind about being attacked by the deceased or someone supporting him, and that they were wielding dangerous weapons, which they could use against him.

The Indian Penal Code, 1860 - Section 193 - Giving and fabricating false evidence - the Magistrate could / should not have taken cognizance of the offence punishable under Section 193 I.P.C on the basis of the private complaint.

1. Kushuma Devi v. Sheopati Devi Judicial Order - Every judicial or / and quasi­-judicial order passed by the Court / Tribunal / Authority concerned, which decides the lis between the parties, must be supported with the reasons in support of its conclusion. The parties to the lis and so also the appellate / revisionary Court while examining the correctness of the order are entitled to know as to on which basis, a particular conclusion is arrived at in the order. In the absence of any discussion, the reasons and the findings on the submissions urged, it is not possible to know as to what led the Court / Tribunal / Authority for reaching to such conclusion.

Banking Regulation Act, 1949 - Ss. 35AA & 35AB - Constitutional Validity of - Circular issued on 12.02.2018, by Reserve Bank of India (RBI) - Revised framework for resolution of stressed assets - the impugned circular is ultra vires Section 35AA of the Banking Regulation Act.  Rohinton Fali Nariman & Vineet Saran, JJ. Dharani Sugars and Chemicals Ltd. v. Union of India , T.C. (C) No. 66 of 2018 02-04-2019

Hindu Marriage Act, 1955 - Section 13(1)(i-b) - Divorce - Ground of Desertion - Where divorce has been sought on the ground of desertion only, the court cannot grant divorce on the ground of cruelty.

1. Manoj Kumar v. State of Uttarakhand Criminal Trial - In the absence of any existing enmity between the accused and the witnesses there exists no ground to question the veracity of the witnesses or to raise a ground of false implication.

Code of Civil Procedure, 1908 - Section 24 and Order 32 Rule 15 - Application for Transfer of a Matrimonial Suit - Suits by or against minors and persons of unsound mind -  The Court conducting trial in connection of matrimonial suit should be the competent authority to ascertain the extent of mental sufferings of the petitioner/wife in connection with a proceeding praying for divorce, otherwise there will be conflicting decisions or the findings of the proceeding may affect the ultimate decision of pending matrimonial suit. In connection with a prayer for proposed transfer simplicitor under Section 24 CPC, there lies least scope for a superior Court to conduct an enquiry itself as contemplated in Rule 15 of Order 32 CPC which is the prerequisite to ascertain the level of mental injury causing thereby to develop the mental infirmity. Subhasis Dasgupta, J . Susmita Pramanik v. Bhaktipada Pramanik , C.O. No. 3605 of 2017 03-04-2019

1. Atul Chandra Das (d) Tr. Lrs. v. Rabindra Nath Bhattacharya (d) tr. Lrs. The Constitution of India - Article 254 - The Bengal Money-Lenders Act, 1940 - Section 37A - The Transfer of Property Act, 1882 - Section 58(c) - Mortgage by Conditional Sale - Inconsistency between laws made by Parliament and laws made by the Legislatures of States - Held, despite the inconsistency, Section 37(A) of the State Act will prevail in the State - the provisions of 37(A) is traceable to the Entry ‘Transfer of Property’ in the Concurrent List and that Article 254(2) saves the provision.

Trade Marks Act, 1999 - Section 29 - Infringement of registered trademarks - the Plaintiff is the registered owner of the Trademark "LOUIS VUITTON", the "LV" logo and the "Toile Monogram" pattern - the Defendants have infringed the trademark of the Plaintiff and committed the tort of passing off - the suit is decreed in favour of the Plaintiff. Sanjeev Narula, J . Louis Vuitton Malletier v. Iqbal Singh , C.S. (COMM) No. 607 of 2018 03-04-2019

1. Gopalakrishna (d) By Lrs. v. Narayanagowda (dead) By Lrs. The Limitation Act, 1963  - Section 31 -  The Hindu Law Women’s Right to Properties Act, 1934 (Mysore Act of 1933) - Section 10 (2) (g) - “Stridhana” - Position of a Hindu Widow prior to Hindu Succession Act and the State Act -  Provisions as to barred or pending suits.

Evidence Law - No presumption can be raised against the accused either of fact or in evidence, whatever evidence is available on record, is to be read as it is.

The Civil Procedure Code, 1908 - Section 89 - The Court Fees Act, 1870 – Section 16 - The Maharashtra Court Fees Act, 1959 – The Legal Service Authority Act, 1987 – Section 21 - Award of Lok Adalat - Refund of Fee - A litigant who settles a suit before Lok Adalat held under the Act of 1987 is entitled to 100% refund of Court Fees paid.

Code of Civil Procedure, 1908 - Order VI Rule 17 - Amendment of Pleadings - the expression “commencement of trial” in the proviso to Order VI Rule 17 of the Code of Civil Procedure would imply the date when the court first applies its mind after the affidavit of evidence is filed and when the first witness proves his affidavit of evidence or such witness seeks to prove a document for it to be tendered in evidence or the cross-examination of such witness begins, whichever is earlier.

The Consumer Protection Act, 1986 - Sections 2 (r), 23 - ‘unfair trade practices’ - A term of a contract will not be final and binding if it is shown that the flat purchasers had no option but to sign on the dotted line, on a contract framed by the builder.

1. National Investigation Agency v. Zahoor Ahmad Shah Watali The Indian Penal Code, 1860 - Sections 120B, 121 and 121A - The Unlawful Activities (Prevention) Act, 1967 - Sections 13, 16, 17, 18, 20, 38, 39 and 40 - Application for Bail.

Jileesh v. State of Kerala Penal Code, 1860 - Sections 302, 364, 328, 394 and 201 - Murder - Recovery of the Ornaments - The only evidence that has been projected by the prosecution against the accused is the recovery of the ornaments which purportedly belongs to the deceased. The recovery of the articles belonging to the deceased may in some instances be treated as proof of committing the crime, but, in cases where there is doubt as to whether the ornaments actually belonged to the deceased, it will be difficult to take such a view as well.

The Indian Penal Code, 1860 - Sections 406, 420 and 120B - To constitute an offence of criminal breach of trust it is essential that the prosecution has to show first of all that the accused was entrusted with some property or with any dominion or power over it.

Arms Act, 1959 - Section 25 - 'Conscious Possession' - the expression 'possession' refers to possession backed with the requisite mental element, that is, 'conscious possession' - Mere custody without the awareness of the nature of such possession does not constitute an offence under the Act - 'Conscious possession' of any fire arm / ammunition is a necessary ingredient of the statutory offence, entailing strict liability on the offender.

The Indian Penal Code, 1860 - Sections 302, 364, 328, 394 and 201 - Murder - Recovery of the Ornaments - The only evidence that has been projected by the prosecution against the accused is the recovery of the ornaments which purportedly belongs to the deceased. The recovery of the articles belonging to the deceased may in some instances be treated as proof of committing the crime, but, in cases where there is doubt as to whether the ornaments actually belonged to the deceased, it will be difficult to take such a view as well.

1. Raj Narain v. Union of India The Indian Penal Code, 1860 - Sections 409, 467 and 420 - Difference between initiation of the criminal proceedings by the department vis-a-vis a criminal case lodged by the police - Held, if an employee is involved in embezzlement of funds or is found indulging in demand and acceptance of illegal gratification, the employer cannot be mulcted with full back wages on the acquittal of the person by a criminal Court, unless it is found that the prosecution is malicious.