FIRST LAW

SUPREME COURT OF INDIA |  Abhay Manohar Sapre & R. Subhash Reddy, JJ. C.A. No.7363 of 2000 with C.A. No.7364 of 2000 and C.A. No.7365 of 2000 14-08-2019  The Code of Civil Procedure, 1908 – Section 100 – Second Appeal – “Concurrent Finding of Fact” – It is not the principle of law that where the High Court finds that there is a concurrent finding of two Courts (whether of dismissal or decreeing of the suit), such finding becomes unassailable in the second appeal. True it is as has been laid down by this Court in several decisions that “concurrent finding of fact” is usually binding on the High Court while hearing the second appeal under Section 100 of the Code of Civil Procedure, 1908. However, this rule of law is subject to certain well known exceptions mentioned infra. It is a trite law that in order to record any finding on the facts, the Trial Court is required to appreciate the entire evidence (oral and documentary) in the light of the pleadin...

SUPREME COURT OF INDIA | A.M. Khanwilkar & Ajay Rastogi, JJ. Crl.A. No. 1238 of 2019 (Dairy No. 10342 of 2016) with (Interlocutory Application Nos. 128666 of 2017, 123144 of 2017, 122625 of 2017, 127773 of 2017, 30030 of 2018, 112422 of 2018 and 110313 of 2019 with W.P. (C) No.13 of 2018 (Alongwith C.M.P. No.4015 of 2018 and Interlocutory Application Nos.62789 of 2019, 99303 of 2019 and 61232 of 2019) & Writ Petition (C) No.1027 of 2018 (alongwith C.M.P. Nos.122904 of 2018 and 97450 of 2018) 14-08-2019 The Contempt of Courts Act, 1971 – Section 19(1) – Utterances made by the appellant before the High Court – Whether the same would constitute criminal contempt in the face of the Court. By this application, appellant has prayed that she may be permitted to place on record documents mentioned in paragraph Nos.10, 11 and 12 of the application which according to her are fraudulent, invalid and forged documents. The same were filed before the High Court of Delhi i...

SUPREME COURT OF INDIA | Indu Malhotra & Indira Banerjee, JJ. C.A. No. 6270 of 2019 (Arising out of SLP (Civil) No. 32055 of 2018) Nareshbhai Bhagubhai v. Union of India with C.A. No. 6271 of 2019 (Arising out of SLP (Civil) No. 32056 of 2018) Ravibhai Vallabhbhai Sutariya v. Union of India with C.A. No. 6272 of 2019 (Arising out of SLP (Civil) No. 32057 of 2018) Ishwerbhai Bhikabhai Patel v. Union of India with C.A. No. 6273 of 2019 (Arising out of SLP (Civil) No. 32058 of 2018) Vallabhbhai Chanabhai Ahir v. Union of India, 13-08-2019 The Railways Act, 1989 – Sections 20D – Power to Acquire Land – Hearing of Objections – In the absence of an order passed under Section 20D(2), the subsequent steps taken in the acquisition would consequentially get invalidated. The Railways Act, 1989 – Sections 20D – Power to Acquire Land – Hearing of Objections – The Act being an expropriatory legislation, its provisions have to be strictly construed. In any event, the order under S...

SUPREME COURT OF INDIA | Abhay Manohar Sapre & Dinesh Maheshwari , JJ. R. Jayapal v. State of Tamil Nadu, Crl.A. No. 56 of 2010 09-08-2019 The India Penal Code, 1860 - Section 302 - Murder - In the given circumstances, the likelihood of the deceased, who was on inimical terms with the wife of the accused, having given the reasons for provocation by way of aggression or attempted intrusion into the house of the accused is not ruled out. The incident in question took place without any premeditation, in a sudden fight in the heat of passion upon a sudden quarrel, when the deceased attempted entry into his house; and the accused did neither take any undue advantage nor acted in a cruel or unusual manner. A fortiori, Court inclined to extend the benefit of Exception 4 of Section 300 IPC to the accused. However, the act of the accused leading to the death having been with the intention of causing such bodily injury as is likely to cause death, the accused deserves to be convict...

SUPREME COURT OF INDIA |  R.F. Nariman , Sanjiv Khanna & Surya Kant, JJ. W.P. (C) No. 43 of 2019 09-08-2019 The Insolvency and Bankruptcy Code, 2016 - Section 5 (8) (f) - Insolvency Committee Report 2018 - Allottees / home buyers were included in the main provision, i.e. Section 5(8)(f) with effect from the inception of the Code, the explanation being added in 2018 merely to clarify doubts that had arisen. The Insolvency and Bankruptcy Code, 2016 -  Section 5 (8) (f) -  The Insolvency and Bankruptcy Code (Second Amendment) Act, 2018 - Constitutional Validity of - The Amendment Act to the Code does not infringe Articles 14, 19(1)(g) read with Article 19(6), or 300-A of the Constitution of India. The Real Estate (Regulation and Development) Act, 2016 - The Insolvency and Bankruptcy Code, 2016 - The Consumer Protection Act, 1986 The RERA is to be read harmoniously with the Code, as amended by the Amendment Act. It is only in the...

SUPREME COURT OF INDIA | Arun Mishra, S. Abdul Nazeer & M.R. Shah, JJ. M/s. Shahi and Associates v. State of U.P. C.A. No. 3559 of 2010 08-08-2019 The Arbitration and Conciliation Act, 1996 - Section 31 (7) (b) - The Uttar Pradesh Civil Laws (Reforms and Amendment) Act, 1976 - Section 24 - Reduction of the Interest - Reduced the statutory interest to 6% p.a. from 18% p.a. as awarded by the Arbitrator - The interest awarded by the Arbitrator in accordance with Section 31(7)(b) of the Act of 1996 is restored. In the instant case, though the agreement was earlier to the date of coming into force of the Act of 1996, the proceedings admittedly commenced on 27.10.1999 and were conducted in accordance with the Act of 1996. If that be so, para 7­A of Section 24 of the U.P. Amendment Act has no application to the case at hand. Since the rate of interest granted by the Arbitrator is in accordance with Section 31(7)(b) of the Act of 1996, the High Court and th...

SUPREME COURT OF INDIA | L. Nageswara Rao & Hemant Gupta, JJ. Secretary Managing Committee BSMPG College Roorkee v. Samrat Sharma, C.A. 6189 of 2019 08-08-2019 Service Law - University - Departmental Enquiry - Judicial Review - It is the decision making process and not the decision itself which can be the subject matter of judicial review. Interference by the courts can only be in cases where there is no evidence. Sufficiency of evidence for proof of the charges against delinquent officers is completely within the domain of the administrative authority. Courts cannot re-appreciate the evidence to come to a different conclusion. Interference with the penalty imposed on delinquent officers is permissible only when it shocks the conscience of the court. The High Court committed an error in reappreciating evidence in coming to the conclusion that the charges against Respondent No.1 were not established. It is well settled law that it is the decision making process...

SUPREME COURT OF INDIA |  L. Nageswara Rao & Hemant Gupta, JJ. Civil Appeal Nos.6190-6201 of 2019 (Arising out of SLP (C) Nos. 14206-14217 of 2019) August 08, 2019 Recruitment Board - Manipulation of the OMR answer sheets - A bona fide decision taken by the Board to instill confidence in the public regarding the integrity of the selection process could not have been interfered with by the High Court. Sufficiency of the material on the basis of which a decision is taken by an authority is not within the purview of the High Court in exercising its power of judicial review. In the instant case, the Board initially conducted an inquiry on its own regarding the allegations pertaining to manipulation of the OMR answer sheets. The Board found that a few people benefited due to the tampering of the OMR answer sheets. On a deeper scrutiny sufficient material was found against 196 persons who were beneficiaries of the fraud in the alteration of marks. The ...

SUPREME COURT OF INDIA | Abhay Manohar Sapre & Indu Malhotra, JJ. C.A. Nos. 6202 - ­6205 of 2019 (Arising out of SLP (Civil) No. 13573­13576 of 2014) August 08, 2019 Arbitration - Doctrine of ‘Group of Companies’ - the doctrine “Group of Companies” has its application to arbitral proceedings and, in appropriate cases, it can be so applied. A non-­signatory can be bound by an arbitration agreement on the basis of the “Group of Companies” doctrine, where the conduct of the parties evidences a clear intention of the parties to bind both the signatory as well as the non-signatory parties. The doctrine of ‘Group of Companies’ had its origins in the 1970’s from French arbitration practice. The ‘Group of Companies’ doctrine indicates the implied consent to an agreement to arbitrate, in the context of modern multi­party business transactions. The ‘Group of Companies’ doctrine has been invoked by courts and tribunals in arbitrations, where an arbitration agr...

SUPREME COURT OF INDIA | Arun Mishra, S. Abdul Nazeer & M.R. Shah , JJJ. S.L.P. (C) Nos. 30404 - 30442 of 2017 08-08-2019 Laches and Delay - If the aggrieved party does not initiate the proceedings within the period of limitation without any sufficient cause, he can be denied the relief on the ground of unexplained laches and delay and on the presumption that such person has waived his right or acquiesced with the order. It is a very recognised principle of jurisprudence that a right not exercised for a long time is nonexistent. Even when there is no limitation period prescribed by any statute relating to certain proceedings, in such cases, courts have coined the doctrine of laches and delay as well as doctrine of acquiescence and non­suited the litigants who approached the court belatedly without any justifiable explanation for bringing the action after unreasonable delay. In those cases, where the period of limitation is prescribed within which the action is to...

SUPREME COURT OF INDIA | R. Banumathi & A.S. Bopanna, JJ. Crl.A. No. 1066 of 2009 08-08-2019 Criminal Procedure – When a grave crime is registered, the PSI who is in-charge of the police station cannot wait for the arrival of the Circle Inspector or wait for the instruction to commence the investigation. [Para 24] Evidence Law – Minor discrepancies and inconsistent version do not necessarily demolish the prosecution case if it is otherwise found to be creditworthy. While appreciating the evidence of a witness, the approach must be to assess whether the evidence of a witness read as a whole appears to be truthful. Once the impression is formed, it is necessary for the court to evaluate the evidence and the alleged discrepancies and then, to find out whether it is against the general tenor of the prosecution case. If the evidence of eye witness is found to be credible and trustworthy, minor discrepancies which do not affect the core of the prosecution case, cannot be m...

SUPREME COURT OF INDIA |  Arun Mishra , S. Abdul Nazeer & M.R. Shah C.A. No.7764 of 2014 with S.L.P. (C) Nos. 8332 - ­8333 of 2014 Radhakrishna Reddy (d) Through Lrs. v. G. Ayyavoo & Ors. August 07, 2019 Limitation Act, 1963 - Article 65 - Adverse Possession - Plea of acquisition of title by adverse possession can be taken by plaintiff under Article 65 of the Limitation Act and there is no bar under the Limitation Act, 1963 to sue on aforesaid basis in case of infringement of any rights of a plaintiff. A person in possession cannot be ousted by another person except by due procedure of law and once 12 years' period of adverse possession is over, even owner's right to eject him is lost and the possessory owner acquires right, title and interest possessed by the outgoing person/owner as the case may be against whom he has prescribed. In our opinion, consequence is that once the right, title or interest is acquired it can be used as a sword by the plaintiff as well...

SUPREME COURT OF INDIA | Ashok Bhushan & Navin Sinha , JJ. Crl.A. No. 1864 of 2009 06-08-2019 The Indian Penal Code, 1860 - Sections 302, 149 and 148 - Can the evidence of a solitary doubtful eye witness be sufficient for conviction ? Held, Conviction on basis of a solitary eye witness is undoubtedly sustainable if there is reliable evidence cogent and convincing in nature along with surrounding circumstances. The evidence of a solitary witness will therefore call for heightened scrutiny. But in the nature of materials available against the appellants on the sole testimony of PW-1 which is common to all the accused in so far as assault is concerned, we do not consider it safe to accept her statement as a gospel truth in the facts and circumstances of the present case. If PW-1 could have gone to the police station alone with her sister-in-law at an unearthly hour, there had to be an explanation why it was delayed by six hours. Given the harsh realities of...

SUPREME COURT OF INDIA | Ashok Bhushan & Navin Sinha , JJ. Crl.A. No. 1006 of 2010 Anand Ramachandra Chougule v. Sidarai Laxman Chougala with Crl.A. No. 1007 of 2010 State of Karnataka v. Sidarai Laxman Chougala, August 06, 2019. Criminal Trial - The failure of the prosecution to investigate the F.I.R. lodged by the accused with regard to the same occurrence or to place their injury reports on record was merely a defective investigation. The fact that an F.I.R. was lodged by the accused with regard to the same occurrence, the failure of the police to explain why it was not investigated, coupled with the admitted fact that the accused were also admitted in the hospital for treatment with regard to injuries sustained in the same occurrence, but the injury report was not brought on record and suppressed by the prosecution, creates sufficient doubts which the prosecution has been unable to answer. The failure of the prosecution to investigate the F.I.R. lodged by the accused w...

SUPREME COURT OF INDIA | Sanjay Kishan Kaul & K.M. Joseph, JJ. Crl.A. No. 299 of 2010 06-08-2019

SUPREME COURT OF INDIA |  Ashok Bhushan & Navin Sinha, JJ. Crl.A. No. 1186 of 2019 (@ Special Leave to Appeal (Crl.) No (s). 5121 / 2018 August 05, 2019 The Code of Criminal Procedure, 1973 - Sections 53 and 482 - The Indian Penal Code, 1860 - Sections 465, 468, 471 and 420 - DNA Test - Allegation in the FIR was that the accused has obtained a fake Scheduled Caste certificate by changing his name and parentage - The police authorities without being satisfied on material collected or conducting substantial investigation have requested for DNA test which is nothing but a step towards roving and fishing enquiry on a person, his mother and brothers. It is a serious matter which should not be lightly to be resorted to without there being appropriate satisfaction for requirement of such test. Section 53 Cr.P.C empowers the police authorities to request a medical practitioner to conduct examination of a person. There cannot be any dispute to the provisi...

The Protection of Women from Domestic Violance Act, 2005 - Sections 12 and 18 - Application to Magistrate - Protection Orders - What should be the period of limitation for filling a complaint under Sections 12 and 18 of the Act.

SUPREME COURT OF INDIA | Mohan M. Shantanagoudar & Ajay Rastogi, JJ. C.A. No. 9586 OF 2010 01-08-2019

SUPREME COURT OF INDIA | R. Banumathi &  A.S. Bopanna , JJ. C.A. No. 5588 of 2010 01-08-2019