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Supreme Court Weekly Digest April 22 - 26, 2019

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

Adverse Possession - What is “adverse possession” - Whom the burden of proof lies - What should be the approach of the Courts while dealing with such plea - Mere continuous possession howsoever long it may have been qua its true owner is not enough to sustain the plea of adverse possession unless it is further proved that such possession was open, hostile, exclusive and with the assertion of ownership right over the property to the knowledge of its true owner. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Mallikarjunaiah v. Nanjaiah, C.A. No. 7768 of 2011 26-04-2019

Briefing - Incorrect / Wrong - The High Court did not decide the writ petition on merits but disposed it of on the statement made by the Counsel for the Union of India, which was based on incorrect briefing made to him by the concerned official, it just and proper and in the interest of all the parties concerned that the writ petition is heard afresh and is disposed of on its merits in accordance with law by the High Court. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Trimex Sands Pvt. Limited v. Union of India, C.A. No. 4283 of 2019 25-04-2019
Cantonments Act, 2006 - Section 360 - The Cantonments Act, 1924 - Section 185 - Law relating to administration of cantonments - Quashing of Notices. R. Banumathi & R. Subhash Reddy, JJ. Cantonment Board, Meerut v. Afzal, C.A. No. 3814 of 2019 23-04-2019
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. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Hirabai (D) Thr. L.Rs. v. Ramniwas Bansilal Lakhotiya (D) by L.Rs., C.A. No. 4282 of 2019 25-04-2019
Civil Procedure Code, 1908 - O. 22 Rr. 4 (3) & 9 - Inasmuch as the abatement results in denial of hearing on the merits of the case, the provision of abatement has to be construed within the strict parameters of law. A.M. Khanwilkar & Ajay Rastogi, JJ. Goli Vijayalakshmi v. Yendru Sathiraju (dead) by Lrs., C.A. No. 8109 of 2010 26-04-2019
Civil Procedure Code, 1908 - Order XII Rule 6 - Judgment on Admissions - Categorical and unconditional admissions alone can be considered for the purpose of grant of relief under Order XII Rule 6 of CPC. R. Banumathi & R. Subhash Reddy, JJ. Hari Steel and General Industries Ltd. v. Daljit Singh, C.A. No. 4265 of 2019 24-04-2019
Company Law - If the original lessee (respondent No.1, a public limited company) in respect of the plot given on lease by the appellant, transfers the same to another public limited company, albeit an alter ego of the former, consequent to an order of 2 arrangement and demerger passed by the Company Judge, then whether it is liable to pay 50% unearned increase (UEI) on the market value of the plot to the appellant (lessor)? A.M. Khanwilkar & Ajay Rastogi, JJ. Delhi Development Authority v. Nalwa Sons Investment Ltd., C.A. No. 4260 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, when the directions issued by the Court are general in nature and any violation of such directions would enable an aggrieved party to file a contempt petition. L. Nageswara Rao & M.R. Shah, JJ. Girish Mittal v. Parvati V. Sundaram, Con.P. (C) No. 928 of 2016 26-04-2019
Criminal Law - Distinction between a related and interested witness - A witness cannot be said to be an “interested” witness merely by virtue of being a relative of the victim. The witness may be called “interested” only when he or she derives some benefit from the result of a litigation in the decree in a civil case, or in seeing an accused person punished. N.V. Ramana & Mohan M. Shantanagoudar, JJ. Sadayappan @ Ganesan v. State, Represented by Inspector of Police, Crl.A. No. 1990 of 2012 26-04-2019
Criminal Procedure Code, 1973 - Section 161 - Can a person, who is accused of an offence, be examined under Section 161 of the Cr.P.C. - Whether the statement given by a person who stands in the shoes of an accused and who gives a statement, whether the statement is admissible in law. Ashok Bhushan & K.M. Joseph, JJ. Dipakbhai Jagdishchandra Patel v. State of Gujarat, Crl.A. No. 714 of 2019 24-04-2019
Criminal Procedure Code, 1973 - Sections 432 and 433 - Remission of the Sentence - Whether the Central Government is a necessary party, as the request for premature release is in relation to offences under the Arms Act - Held, the sentence awarded to the petitioner in reference to offence under Section 3 read with Section 25(1A) of the Arms Act having already been completed by the petitioner as it was to run concurrently with life imprisonment, even these offences cannot be reckoned for considering the representation made by the petitioner. Resultantly, there would be no need to consult the Central Government and, for the same reason, the presence of Central Government in this petition is not essential. A.M. Khanwilkar & Ajay Rastogi, JJ. Rajan v. Home Secretary, Home Department of Tamil Nadu, W.P. (Crl. ) No. 321 of 2018 25-04-2019
Customs Act, 1962 - The Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 - Rule 3, 4, 5, 7, 8 and 9 - Determination of the method of valuation - Transaction value of identical goods - Transaction value of similar goods - Deductive Value - Computed Value - Residual Method - Once the statutory Rules exist and provide for sequential implementation, the assessing authority has no option but to proceed in accordance with those Rules, in that manner. Sanjay Kishan Kaul & Hemant Gupta, JJ. Anil Kumar Anand v. Commissioner of Customs (Preventive), C.A. No. 3138 of 2018 22-04-2019
Foreign Exchange Management Act, 1999 - Sections 8, 16 (3) and 42 (1) - The Foreign Exchange Management (Realization, Repatriation and Surrender of Foreign Exchange) Regulations, 2000 - Regulation 3 - The Foreign Exchange Management (Export of Goods and Services) Regulations, 2000 - Regulation 9. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Maars Software International Ltd. v. Union of India, C.A. No. 4023 of 2019 22-04-2019
Industrial Disputes Act, 1947 - Section 10 (4) - Impleadment of Parent Company - Even in a subsidiary company which is an independent corporate entity, if any other company is holding shares, by itself is no ground to order impleadment of parent company per se. R. Banumathi & R. Subhash Reddy, JJ. Globe Ground India Employees Union v. Lufthansa German Airlines, C.A. No. 4076 of 2019 23-04-2019
Insurance Law - Insurance Regulatory and Development Authority (Protection of Policyholders’ Interests) Regulations, 2002 - Regulations 2 (d), 4 (3) and 4 (4) - "Proposal Form" - Proposal for Insurance - "material" - Definition of. D.Y. Chandrachud & Hemant Gupta, JJ. Reliance Life Insurance Co. Ltd. v. Rekhaben Nareshbhai Rathod, C.A. No. 4261 of 2019 24-04-2019
Land Law - Land Reforms Act, 1961 (Karnataka) - Sections 2 (18) and 4 - definition of "land" - Vesting of lands in the State Government - the expression refers not only to the land which is actually used for agricultural purposes but even to the land which is used or is capable of being used for agricultural purposes or even the purposes subservient thereto. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Monthi Menezes (D) by Lr. v. Devaki Amma (D) by Lr., C.A. No. 3539 of 2009 23-04-2019
Legal Services Authorities Act, 1987 - Section 19 - Scope of the Award - Removal of the structure as it existed at the relevant time - No direction has been issued to respondent No.1 to forebear from carrying on his legitimate activities, including business activities, from the stated plot occupied by him. If the activities of the respondent are in violation of any law or regulation, it would be open to the appellant to approach the concerned statutory authority or appropriate forum and seek relief in that regard as per law. A.M. Khanwilkar & Ajay Rastogi, JJ. Cheriyath Jyothi v. Sainudeen, C.A. No. 1424 of 2016 24-04-2019
Motor Vehicles Act, 1988 - the basics regarding meaning of the expression "just" - While dealing with the question of quantification in a claim for compensation, the endeavor has to be to ensure awarding of just compensation to the claimant/s. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. National Insurance Company Ltd. v. Mannat Johal, C.A. No. 4079 of 2019 23-04-2019
Municipalities and Panchayats - Municipal Council Nagar Panchayat and Industrial Township Act, 1965 (Maharashtra) - Section 44(1)(e) - Disqualification - If temporary construction or structure have been illegally made by the Councillor, spouse or dependent, disqualification follows. Ashok Bhushan & K.M. Joseph, JJ. Sampada Yogesh Waghdhare v. State of Maharashtra, C.A. No. 4056 of 2019 22-04-2019
Penal Code, 1860 - Sections 302 and 304 - Murder - Right of Private Defence - Multiple Wounds - Since there are multiple wounds, it cannot be said that the accused have acted at the spur of the moment without pre-meditation and that the accused are not taken any advantage or acted in a cruel or unusual manner. Sanjay Kishan Kaul & Hemant Gupta, JJ. Nagji Odhavji Kumbhar v. State of Gujarat, Crl.A. No. 880 of 2009 23-04-2019
Penal Code, 1860 - Ss. 498A & 306 - Arms Act, 1959 - S. 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. N.V. Ramana & S. Abdul Nazeer, JJ. Jagdishraj Khatta v. State of Himachal Pradesh, Crl.A. No. 539 of 2008 26-04-2019
Penal Code, 1860 - Ss. 503, 504 & 506 - Criminal Intimidation - the allegation that accused had abused the complainant in filthy language does not satisfy the ingredients of Section 506. Ashok Bhushan & K.M. Joseph, JJ. Vikram Johar v. State of Uttar Pradesh, Crl.A. No. 759 of 2019 26-04-2019
Penal Law - Prisons (Shortening of Sentences) Rules, 2006 (Rajasthan) - Rule 8 (2) (i) - Constitutional Validity of. Arun Mishra & Navin Sinha, JJ. State of Rajasthan v. Mukesh Sharma, C.A. No. 3086 of 2016 22-04-2019
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. Ashok Bhushan & K.M. Joseph, JJ. Kumar Ghimirey v. State of Sikkim, Crl.A. No. 719 of 2019 22-04-2019
Service Law - Banking Service - Offence Involving Moral Turpitude - Discharged from Service - Whether an offence involving bodily injury can be categorized as a crime involving moral turpitude. L. Nageswara Rao & M.R. Shah, JJ. State Bank of India v. P. Soupramaniane, C.A. No. 7011 of 2009 26-04-2019
Service Law - Disciplinary Proceedings - “compulsory retirement.” Sanjay Kishan Kaul & Indira Banerjee, JJ. Naresh Chandra Bhardwaj v. Bank of India, C.A. No. 4037 of 2019 22-04-2019
Service Law - Forest Service Rules, 1953 (Bihar) - Rule 22 provides for the preparation of the Merit List on the basis of the aggregate marks secured by a candidate in the written examination as well as viva voce test. It provides that the Commission shall nominate such number of candidates from the merit list as may have been fixed by the Governor. There is no provision for maintaining a Wait List under the Bihar Forest Service Rules, 1953. Hence, the appointment of the Appellants was wholly illegal and contrary to the statutory rules. U.U. Lalit & Indu Malhotra, JJ. Nand Kumar Manjhi v. State of Bihar, C.A. No. 4020 of 2019 22-04-2019
Tax Law - Tax on Entry of Goods into Local Areas Act, 2007 (U.P.) - Nature and extent of liability of interest on Entry Tax under the scheme of Act, 2007. Ashok Bhushan & K.M. Joseph, JJ. Indian Oil Corporation Limited v. State of U.P., C.A. No. 3257 of 2019 22-04-2019
Tax Law - Tax on Entry of Goods into Local Areas Act, 2007 (U.P.) - This appeal is disposed of providing that no further recovery be affected against the 3 appellant towards the demand of interest on arrears of Entry Tax and recovery, if any, of the interest from the appellant shall be subject to the final outcome of the Writ-Tax No. 961 of 2018 filed by the appellant. Ashok Bhushan & K.M. Joseph, JJ. VST Industries Limited v. State of Uttar Pradesh, C.A. No. 3256 of 2019 22-04-2019
Tax Law - the Tribunal did not correctly appreciate as to what AO and CIT (Appeals) held and what was their reasoning which led to their respective conclusion. Having wrongly observed about their respective reasoning and the finding, the Tribunal proceeded to examine the case and eventually reversed the order of CIT (Appeals). The High court did not notice the aforesaid observation of the Tribunal and upheld the order of the Tribunal. In such a situation like the one arising in the case and keeping in view the question involved, the matter deserves to be remanded to the Tribunal for deciding the appeal filed by the respondent-­Company (assessee) afresh on merits because the Tribunal being the last Court of appeal on facts, its finding on the question of fact is of significance. Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Pr. Commissioner of Income Tax-3, Nagpur v. Ballarpur Industries Ltd., C.A. No. 4026 of 2019 22-04-2019
Transfer of Property Act, 1882 - Section 58 (c) - Scope of proviso to Section 58(c) - Distinction between “mortgage by conditional sale” and “sale with agreement to repurchase” - Intention of the parties. R. Banumathi & R. Subhash Reddy, JJ. Dharmaji Shankar Shinde v. Rajaram Shripad Joshi (Dead) Through LRs., C.A. No. 7448 of 2008 23-04-2019

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