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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