1. Brahmani River Pellets Ltd. v. Kamachi Industries Ltd.
The Arbitration and Conciliation Act, 1996 - Section 11 (6) - Where the contract specifies the jurisdiction of the court at a particular place, only such court will have the jurisdiction to deal with the matter and parties intended to exclude all other courts.
Question of Law
Whether the Madras High Court could exercise jurisdiction under Section 11(6) of the Arbitration and Conciliation Act, 1996 despite the fact that the agreement contains the clause that venue of arbitration shall be Bhubaneswar ?
In the present case, the parties have agreed that the “venue” of arbitration shall be at Bhubaneswar. Considering the agreement of the parties having Bhubaneswar as the venue of arbitration, the intention of the parties is to exclude all other courts. As held in Swastik, non-use of words like “exclusive jurisdiction”, “only”, “exclusive”, “alone” is not decisive and does not make any material difference. When the parties have agreed to have the “venue” of arbitration at Bhubaneswar, the Madras High Court erred in assuming the jurisdiction under Section 11(6) of the Act. Since only Orissa High Court will have the jurisdiction to entertain the petition filed under Section 11(6) of the Act, the impugned order is liable to be set aside. In the result, the impugned order of the Madras High Court in OP No.398 of 2018 dated 02.11.2018 is set aside and this appeal is allowed. The parties are at liberty to approach the Orissa High Court seeking for appointment of the arbitrator. [Paras 16 - 18]
Case Number : C.A. No. 5850 of 2019 25-07-2019
Petitioner's Advocate : Rajat Bhardwaj
Bench : Hon'ble Mrs. Justice R. Banumathi, Hon'ble Mr. Justice A.S. Bopanna
Judgment By : Hon'ble Mrs. Justice R. Banumathi
2. State Bank of India v. Atindra Nath Bhatacharyya
Hearing - Time and again opportunity of hearing cannot be granted on the pretext of justice.
The learned Single Bench has set aside the order of punishment as well as the penalty order directing the employer to serve a notice before imposing penalty. The respondent avoided availing the said opportunity when offered on March 24, 2016, April 7, 2016 and April 22, 2016. Once opportunity has been granted to the respondent, he is not entitled to another opportunity on the ground of compassion. The only reasoning given by the Division Bench is ‘justice demands’ that the respondent be given one last opportunity to place his version. The respondent has lost his chance to put his version before the Competent Authority when called upon by the Authority to do so. Time and again opportunity of hearing cannot be granted on the pretext of justice. The delaying tactics cannot be rewarded in such a manner. Once the respondent has failed to avail of opportunity of hearing granted, the Bank cannot be directed to give another opportunity for the sake of justice. Therefore, we find that the directions contained in Para 18 of the judgment passed by the Division Bench are not sustainable and the same are set aside. [Para 10]
Service Law - Banking - Order of Removal - Because of grave and serious allegations of financial irregularities, the order of removal cannot be said to be unjust.
The allegations of financial irregularities against the respondent run into crores of rupees under multiple heads. The inquiry officer has found ten charges proved whereas six charges have not been proved. Because of grave and serious allegations of financial irregularities, the order of removal cannot be said to be unjust. [Para 11]
Case Number : C.A. No. 5842 of 2019 25-07-2019
Petitioner's Advocate : Sanjay Kapur
Bench : Hon'ble Mr. Justice L. Nageswara Rao, Hon'ble Mr. Justice Hemant Gupta
Judgment By : Hon'ble Mr. Justice Hemant Gupta
3. Ude Singh v. The State of Haryana
Abetment of Suicide - In the case of suicide, mere allegation of harassment of the deceased by another person would not suffice unless there be such action on the part of the accused which compels the person to commit suicide; and such an offending action ought to be proximate to the time of occurrence.
In cases of alleged abetment of suicide, there must be a proof of direct or indirect act/s of incitement to the commission of suicide. It could hardly be disputed that the question of cause of a suicide, particularly in the context of an offence of abetment of suicide, remains a vexed one, involving multifaceted and complex attributes of human behaviour and responses/reactions. In the case of accusation for abetment of suicide, the Court would be looking for cogent and convincing proof of the act/s of incitement to the commission of suicide. In the case of suicide, mere allegation of harassment of the deceased by another person would not suffice unless there be such action on the part of the accused which compels the person to commit suicide; and such an offending action ought to be proximate to the time of occurrence. Whether a person has abetted in the commission of suicide by another or not, could only be gathered from the facts and circumstances of each case. [Para 16]
Abetment of Suicide - If the persons who committed suicide had been hypersensitive and the action of accused is otherwise not ordinarily expected to induce a similarly circumstanced person to commit suicide, it may not be safe to hold the accused guilty of abetment of suicide.
Abetment of Suicide - If the accused by his acts and by his continuous course of conduct creates a situation which leads the deceased perceiving no other option except to commit suicide, the case may fall within the four-corners of Section 306 IPC.
Abetment of Suicide - If the accused plays an active role in tarnishing the self-esteem and self-respect of the victim, which eventually draws the victim to commit suicide, the accused may be held guilty of abetment of suicide.
The question of mens rea on the part of the accused in such cases would be examined with reference to the actual acts and deeds of the accused and if the acts and deeds are only of such nature where the accused intended nothing more than harassment or snap show of anger, a particular case may fall short of the offence of abetment of suicide. However, if the accused kept on irritating or annoying the deceased by words or deeds until the deceased reacted or was provoked, a particular case may be that of abetment of suicide. Such being the matter of delicate analysis of human behaviour, each case is required to be examined on its own facts, while taking note of all the surrounding factors having bearing on the actions and psyche of the accused and the deceased. [Para 16.1]
Abetment of Suicide - Harassment of a Girl - Actions and utterances of the accused, directed towards the deceased on continuous basis, had driven her to suicide; and accused persons are guilty of the offence of abetment of suicide.
Human mind could be affected and could react in myriad ways; and impact of one's action on the mind of another carries several imponderables. Similar actions are dealt with differently by different persons; and so far a particular person’s reaction to any other human’s action is concerned, there is no specific theorem or yardstick to estimate or assess the same. Even in regard to the factors related with the question of harassment of a girl, many factors are to be considered like age, personality, upbringing, rural or urban set ups, education etc. Even the response to the ill-action of eve-teasing and its impact on a young girl could also vary for a variety of factors, including those of background, selfconfidence and upbringing. Hence, each case is required to be dealt with on its own facts and circumstances. [16.2]
Abetment of Suicide - Eve-teasing - The incessant intimidation and insult of the innocent girl had been of instigation; and such instigation clearly answers to the description of abetment of suicide.
The present one had not been a case of a mere eve-teasing, insult or intimidation but the continuous and repeated acts and utterances of the accused persons were calculated to bring disgrace to the village girl and to destroy her self-esteem; rather the acts and utterances were aimed at taking her to the brink of helplessness and to the vanishing point of tolerance. It had not been a case of mere intimidation or insult. The incessant intimidation and insult of the innocent girl had been of instigation; and such instigation clearly answers to the description of abetment of suicide. Therefore, in our view, the accused Nos. 1 and 3 have rightly been held guilty of offence of abetment of suicide. [Para 22]
The Indian Penal Code, 1860 - Sections 107, 306 and 509 - Abetment of Suicide - Abetment of a Thing - Word, gesture or act intended to insult the modesty of a woman.
The present case indeed represents a sordid state of affairs in relation to the young girl in the rural setting, whose honour and self-esteem got brutally violated by none other but her own relatives, who found her to be the softtarget to settle their scores with her parents. The accused rather exhibited their denigrating mentality while targeting the young girl, who was otherwise required to be treated by them with affection and respect, for being their niece and their cousin. The facts of this case lead only to the conclusion that the accused persons had intentionally, with their incessant acts and utterances, goaded the victim girl to commit suicide. She indeed committed suicide within few hours of her last and unbearable encounter with the accused. The acts and deeds of the accused in the evening of 05.05.1996 had been too proximate to the event of suicide by 9 a.m. in the morning of 06.05.1996. As testified by PW-11 Smt. Krishna, her daughter cried the whole night for being unable to bear the daily humiliation at the hands of the accused; and ended her life in the morning. [Para 24]
The present case indeed represents a sordid state of affairs in relation to the young girl in the rural setting, whose honour and self-esteem got brutally violated by none other but her own relatives, who found her to be the softtarget to settle their scores with her parents. The accused rather exhibited their denigrating mentality while targeting the young girl, who was otherwise required to be treated by them with affection and respect, for being their niece and their cousin. The facts of this case lead only to the conclusion that the accused persons had intentionally, with their incessant acts and utterances, goaded the victim girl to commit suicide. She indeed committed suicide within few hours of her last and unbearable encounter with the accused. The acts and deeds of the accused in the evening of 05.05.1996 had been too proximate to the event of suicide by 9 a.m. in the morning of 06.05.1996. As testified by PW-11 Smt. Krishna, her daughter cried the whole night for being unable to bear the daily humiliation at the hands of the accused; and ended her life in the morning. [Para 24]
Words and Phrases - Abetment - Meaning of.
“Abetment” involves a mental process of instigating a person in doing something. A person abets the doing of a thing when: (i) he instigates any person to do that thing; or (ii) he engages with one or more persons in any conspiracy for the doing of that thing; or (iii) he intentionally aids, by acts or illegal omission, the doing of that thing. These are essential to complete the abetment as a crime.
Words and Phrases - Instigate - Meaning of.
The word "instigate" literally means to provoke, incite, urge on or bring about by persuasion to do anything.
Words and Phrases - Instigation - Meaning of.
Instigation means to goad, urge forward, provoke, incite or encourage to do an act
“Abetment” involves a mental process of instigating a person in doing something. A person abets the doing of a thing when: (i) he instigates any person to do that thing; or (ii) he engages with one or more persons in any conspiracy for the doing of that thing; or (iii) he intentionally aids, by acts or illegal omission, the doing of that thing. These are essential to complete the abetment as a crime.
Words and Phrases - Instigate - Meaning of.
The word "instigate" literally means to provoke, incite, urge on or bring about by persuasion to do anything.
Words and Phrases - Instigation - Meaning of.
Instigation means to goad, urge forward, provoke, incite or encourage to do an act
Case Number : Crl.A. No. 233 of 2010 25-07-2019
Petitioner's Advocate : Rishi Malhotra
Respondent's Advocate : Monika Gusain
Bench : Hon'ble Mr. Justice Abhay Manohar Sapre, Hon'ble Mr. Justice Dinesh Maheshwari
Judgment By : Hon'ble Mr. Justice Dinesh Maheshwari
4. Ranjit Kumar Haldar v. The State of Sikkim
The Indian Evidence Act, 1872 - Section 106 - Burden of proving fact especially within knowledge - The general rule is that the burden of proof is on the prosecution. Section 106 of the Act was introduced not to relieve the prosecution of their duty but it is designed to meet the situation in which it would be impossible or difficult for the prosecution to establish facts which are especially within the knowledge of the accused. [Paras 13 & 14]
Case Number : Crl.A. No. 427 of 2014 25-07-2019
Case Number : Crl.A. No. 427 of 2014 25-07-2019
Petitioner's Advocate : Rameshwar Prasad Goyal
Bench : Hon'ble Mr. Justice L. Nageswara Rao, Hon'ble Mr. Justice Hemant Gupta
Judgment By : Hon'ble Mr. Justice Hemant Gupta
5. Prashanti Medical Services and Research Foundation v. Union of India
The Income Tax Act, 1961 - Section 35AC - One of the main objects for which Section 35AC was enacted was to allow the assessees to claim deduction of the amount paid by them to a Charitable Trust for their project.
Tax Law - In tax matter, neither any equity nor hardship has any role to play while deciding the rights of any taxpayer qua the Revenue.
Tax Law - Once the action is held in accordance with law and especially in tax matters, the question of invoking powers under Article 142 of the Constitution does not arise.
Case Number : C.A. No. 5849 of 2019 25-07-2019
Tax Law - In tax matter, neither any equity nor hardship has any role to play while deciding the rights of any taxpayer qua the Revenue.
Tax Law - Once the action is held in accordance with law and especially in tax matters, the question of invoking powers under Article 142 of the Constitution does not arise.
Case Number : C.A. No. 5849 of 2019 25-07-2019
Petitioner's Advocate : E.C. Agrawala
Bench : Hon'ble Mr. Justice Abhay Manohar Sapre, Hon'ble Ms. Justice Indu Malhotra
Judgment By : Hon'ble Mr. Justice Abhay Manohar Sapre
6. Pr. Commissioner of Income Tax v. Maruti Suzuki India Limited
Tax Law - There is a value which the court
must abide by in promoting the interest of certainty in tax litigation. The view which has been taken by this Court in relation to the respondent for AY 2011-12 must be adopted in respect of the present appeal which relates to AY 2012-13. Not doing so will only result in uncertainty and displacement of settled expectations. There is a significant value which must attach to observing the requirement of consistency and certainty. Individual affairs are conducted and business decisions are made in the expectation of consistency, uniformity and certainty. To detract from those principles is neither expedient nor desirable.
Case Number : C.A. No. 5409 of 2019 25-07-2019
Case Number : C.A. No. 5409 of 2019 25-07-2019
Petitioner's Advocate : Anil Katiyar
Bench : Hon'ble Dr. Justice D.Y. Chandrachud, Hon'ble Ms. Justice Indira Banerjee
Judgment By : Hon'ble Dr. Justice D.Y. Chandrachud
7. Sanjeev Kumar Gupta v. The State of Uttar Pradesh
The Juvenile Justice (Care and Protection of Children) Act, 2015 - Section 94 - The Juvenile Justice (Care and Protection of Children) Act, 2000 - Section 7A - The Juvenile Justice (Care and Protection of Children) Rules, 2007 - Rule 12 - Presumption and determination of age - Procedure to be followed when claim of juvenility is raised before any court - Procedure to be followed in determination of Age.
Clause (i) of Section 94 (2) places the date of birth certificate from the school and the matriculation or equivalent certificate from the concerned examination board in the same category (namely (i) above). In the absence thereof category (ii) provides for obtaining the birth certificate of the corporation, municipal authority or panchayat. It is only in the absence of (i) and (ii) that age determination by means of medical analysis is provided. Section 94(2)(a)(i) indicates a significant change over the provisions which were contained in Rule 12(3)(a) of the Rules of 2007 made under the Act of 2000. Under Rule 12(3)(a)(i) the matriculation or equivalent certificate was given precedence and it was only in the event of the certificate not being available that the date of birth certificate from the school first attended, could be obtained. In Section 94(2)(i) both the date of birth certificate from the school as well as the matriculation or equivalent certificate are placed in the same category.
Case Number : Crl.A. No. 1081 of 2019 25-07-2019
Clause (i) of Section 94 (2) places the date of birth certificate from the school and the matriculation or equivalent certificate from the concerned examination board in the same category (namely (i) above). In the absence thereof category (ii) provides for obtaining the birth certificate of the corporation, municipal authority or panchayat. It is only in the absence of (i) and (ii) that age determination by means of medical analysis is provided. Section 94(2)(a)(i) indicates a significant change over the provisions which were contained in Rule 12(3)(a) of the Rules of 2007 made under the Act of 2000. Under Rule 12(3)(a)(i) the matriculation or equivalent certificate was given precedence and it was only in the event of the certificate not being available that the date of birth certificate from the school first attended, could be obtained. In Section 94(2)(i) both the date of birth certificate from the school as well as the matriculation or equivalent certificate are placed in the same category.
Case Number : Crl.A. No. 1081 of 2019 25-07-2019
Petitioner's Advocate : Dhananjay Garg
Bench : Hon'ble Dr. Justice D.Y. Chandrachud, Hon'ble Ms. Justice Indira Banerjee
Judgment By : Hon'ble Dr. Justice D.Y. Chandrachud
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