Latest Supreme Court Cases Published in 2019 SCC Volume 3

(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

(2019) 3 SCC 410 | Railways Act, 1989 - Determination of Quantum of Compensation - Amount of compensation payable on the date of accident with reasonable rate of interest shall first be calculated. If the amount so calculated is less than the amount prescribed as on the date of the award, the claimant would be entitled to higher of these two amounts. Union of India v. Radha Yadav, JT 2019 (1) SC 95 : 2019 (2) SCALE 323 : 2019 (1) RCR (Civil) 916

(2019) 3 SCC 393 | Criminal Procedure Code, 1973 - Appeal against Acquittal - The High Court should not interfere with an order of acquittal merely because two views are possible. The interference of the High Court in such cases is governed by well established principles. According to these principles, it is only where the appreciation of evidence by the Trial Court is capricious or its conclusions are without evidence that the High Court may reverse an order of acquittal. The High Court may be justified in interfering where it finds that the order of acquittal is not in accordance with law and that the approach of the Trial court has led to a miscarriage of justice. The High Court, however, must be satisfied that the incident cannot be explained except on the basis of the guilt of the accused and is inconsistent with their innocence. Munishamappa v. State of Karnataka, 2019 (1) JLJR 431 : JT 2019 (1) SC 515 : 2019 (1) PLJR 503 : 2019 (1) SCALE 721

(2019) 3 SCC 381 | Patents Act, 1970 - Revocation of Patent - Summary adjudication of a technically complex suit requiring expert evidence also, at the stage of injunction in the manner done, was certainly neither desirable or permissible in the law. The suit involved complicated mixed questions of law and facts with regard to patentability and exclusion of patent which could be examined in the suit on basis of evidence. Monsanto Technology LLC v. Nuziveedu Seeds Ltd., AIR 2019 SC 559 : 2019 (1) Scale 234

(2019) 3 SCC 378 | Civil Procedure Code, 1908 - Second Appeal - Substantial Question of Law - Interpretation of any terms and conditions of a document constitutes a substantial question of law. Rajendra Lalitkumar Agrawal v. Ratna Ashok Muranjan, AIR 2019 SC 702 : 2019 (1) JLJR 534 : JT 2019 (2) SC 93 : 2019 (1) PLJR 606 : 2019 (1) RCR (Civil) 863 : 2019 (2) SCALE 338

(2019) 3 SCC 352 | 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, Court ought not to interfere. Reliance Infrastructure Ltd. v. State of Maharashtra, AIR 2019 SC 567 : JT 2019 (1) SC 396 : 2019 (1) SCALE 507

(2019) 3 SCC 345 | Armed Forces - Marriage with a foreign national - Requisite intimation in that behalf is required to be made and appropriate permission is also required to be obtained - the policy in question is aimed at regulating certain aspects while the officers are in service. Navtej Singh v. Union of India, JT 2019 (2) SC 85 : 2019 (1) MLJ 731 : 2018 (15) SCALE 603

(2019) 3 SCC 336 | Custody of Child - Essential considerations for issuance of Habeas corpus in child custody matters - In a petition for issuance of writ of habeas corpus for granting custody of a minor child, the central aspect to be considered by the Court is whether the custody of the child can be said to be unlawful or illegal and whether the welfare of the child requires that the present custody should be changed and the child should be left in the care and custody of somebody else, depending on which appropriate directions can be passed. Kanika Goel v. State (NCT of Delhi), 2019 (1) SCALE 36 

(2019) 3 SCC 331 | Service Law - Recruitment Process - Cancellation of Selection - There was sufficient justification for the Government to ban recruitment. The Government was compelled to take such decision in view of the financial crisis. The said decision of the Government cannot be said to be arbitrary under any circumstances. State of Manipur v. Takhelmayum Khelendro Meitei, 2019 (2) SCALE 1

(2019) 3 SCC 327 | Service Law - Railway - Halt Contractor - Appointment of heirs and successors of deceased halt contractors - Merely because the original petitioner was permitted by the 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. Union of India v. Mohd. Samim Azad, JT 2019 (2) SC 311 : 2019 (2) SCALE 432

(2019) 3 SCC 318 | Penal Code, 1860 - S. 193 - Punishment for False Evidence - The case in hand squarely falls within the category of cases falling under Section 195(1)(b)(i) of the Cr.P.C. as the offence is punishable under Section 193 of the IPC. Therefore, the Magistrate has erred in taking cognizance of the offence on the basis of a private complaint. Narendra Kumar Srivastava v. State of Bihar, 2019 (1) Bom.C.R. (Cri.) 634 : 2019 (1) Crimes 49 : 2019 (1) JLJR 505 : 2019 (1) PLJR 577 : 2019 (2) SCALE 591

(2019) 3 SCC 315 | Penal Code, 1860 - S. 306 - Abetment of Suicide - The essential ingredients of the offence under Section 306 I.P.C. are: (i) the abetment; (ii) the intention of the accused to aid or instigate or abet the deceased to commit suicide. The act of the accused, however, insulting the deceased by using abusive language will not, by itself, constitute the abetment of suicide. There should be evidence capable of suggesting that the accused intended by such act to instigate the deceased to commit suicide. Unless the ingredients of instigation / abetment to commit suicide are satisfied, accused cannot be convicted under Section 306 I.P.C. Having advanced the money to the deceased, the accused might have uttered some abusive words; but that by itself is not sufficient to constitute the offence under Section 306 I.P.C. M. Arjunan v. State, AIR 2019 SC 43 : 2018 (4) Crimes 570 : 2019 (1) JLJR 279 : 2019 (1) OLR 247 : 2019 (1) RLW 501 

(2019) 3 SCC 303 | Tax Law - Value Added Tax Act, 2003 (Rajasthan) - ‘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. Additional Commissioner (Legal), Commercial Taxes, Rajasthan v. Lohiya Agencies, AIR 2019 SC 345 : JT 2019 (1) SC 228 : 2019 (1) RLW 738 : 2019 (1 ) SCALE 277

(2019) 3 SCC 301 | Constitution of India - Art. 226 - Restoration of Writ Petition - the High Court has disposed of the Writ Petition in terms of its earlier decision  and directed consideration of the case in accordance with the judgment - Since the High Court has not dealt with the individual facts pertaining to the case, it appropriate and proper to allow this appeal and set aside the impugned judgment and order of the High Court. Accordingly, restored the Writ Petition to the file of the High Court for disposal afresh. State of Himachal Pradesh v. Ganesh Dutt.

(2019) 3 SCC 282 | 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. Rajasthan Small Industries Corpn. Ltd. v. Ganesh Containers Movers Syndicate, 2019 (1) SCALE 670


(2019) 3 SCC 224 | Constitutional Law - Politics - Criminalisation - Election - Representation of the People Act, 1951 - Disqualifications for membership - Criminal Background. Public Interest Foundation v. Union of India, AIR 2018 SC 4550 : JT 2018 (9) SC 344 : 2018 (4) RCR (Criminal) 400 : 2018 (11) Scale 414

(2019) 3 SCC 220 | Interpretation of Statues - Equities in individual case(s) would not be a good ground to hold the provision to be directory. Shankar v. State of Maharashtra.

(2019) 3 SCC 211 | Municipalities & Panchayats - Village Panchayats Act, 1959 (Maharashtra) - S. 35 - No Confidence Motion - the number of members who are entitled to sit and vote in a meeting have to be taken into consideration for computing the majority - the crucial words in the statute are members “who are for the time being entitled to sit and vote” - this, expression cannot be treated to be expression members present and voting. Ganesh Sukhdeo Gurule v. Tahsildar, AIR 2019 SC 465 : 2019 (1) All.M.R. 471 : 2019 (1) Bom. C.R. 473 : JT 2018 (12) SC 389 : 2019 (1) MLJ 466 : 2018 (15) SCALE 762

(2019) 3 SCC 203 | Constitution of India - Art. 215 - Constitutional courts, being courts of record, the jurisdiction to recall their own orders is inherent by virtue of the fact that they are superior courts of record. Municipal Corporation of Greater Mumbai v. Pratibha Industries Ltd., 2019 (1) All.M.R. 478 : AIR 2019 SC 650 : 2019 (1) JLJR 248 : 2019 (1) MLJ 379 : 2019 (1) OLR 212 : 2019 (1) PLJR 317 : 2018 (15) SCALE 714

(2019) 3 SCC 201 | Penal Code, 1860 - Ss. 420, 409 & 120­B - accused was working as a driver in the the Haryana Roadways - embezzling 85 liters of diesel - accused is now in his late sixties and no longer in service - he was not involved in any other criminal activity during his entire service tenure except the case at hand which relates to the year 1999 - it just and proper and in the interest of justice to reduce the appellant's jail sentence to "what the appellant has undergone till date and enhance the fine amount from Rs. 15,000/ to Rs. 25,000/ ". Jan Mohamad v. State of Haryana, 2018 (4) Crimes 514 : JT 2018 (12) SC 90 : 2018 (15) SCALE 936

(2019) 3 SCC 196 | Consumer Law - Insurance - LIC retained the moneys for a period of nearly five years - No effort was made to refund the moneys - 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. Madhav Hari Joshi v. Divisional Manager, Life Insurance Corporation of India, 2019 (1) RCR (Civil) 680 : 2019 (1) Scale 336

(2019) 3 SCC 193 | Constitution of India - Court must provide speedy justice as a matter of constitutional right. Chander Bhan Singh v. Central Bureau of Investigation, 2019 (1) Scale 415

(2019) 3 SCC 191 | Tenancy and Land Laws - Revenue Records - Relevance of Mutation Entries - 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. Bhimabai Mahadeo Kambekar v. Arthur Import and Export Co., AIR 2019 SC 719 : JT 2019 (2) SC 92 : 2019 (2) Scale 336

(2019) 3 SCC 39 | Penal Code, 1860 - S.497 IPC is unconstitutional and adultery should not be treated as an offence. Joseph Shine v. Union of India, AIR 2018 SC 4898 : 2018 All. M.R. (Cri.) 4065 : 2019 CriLJ 1 : 2018 (4) Crimes 1 : 2018 (3) JLJ 515 : JT 2018 (9) SC 467 : 2018 (4) MLJ (Cri) 369 : 2018 (4) RCR (Criminal) 480 : 2018 (11) Scale 556 : 2018 (7) SLT 470 : 2018 (7) Supreme 1

(2019) 3 SCC 25 | Constitution of India - Public Interest Litigation - Rafale Fighter Jets Case - Perception of individuals cannot be the basis of a fishing and roving enquiry by Supreme Court. Manohar Lal Sharma v. Narendra Damodardas Modi, 2019 (1) MLJ 529 : 2018 (15) SCALE 956

(2019) 3 SCC 1 | Delhi Special Police Establishment Act, 1946 - Appointment and Transfer of CBI Director - Appointment of an ad hoc Director - Previous consent of Committee - Not to take any major policy decisions, etc. until Committee had completed its consideration of the matter. Alok Kumar Verma v. Union of India, AIR 2019 SC 438 : JT 2019 (1) SC 166 : 2019 (1) SCALE 257