Mithilesh Kumari & Anr vs Prem Behari Khare [All SC 1989 February]

A retrospective operation is, therefore, not to be given to a statute so as to impair existing right or obligation, otherwise than as regards matter of procedure .unless that effect cannot be avoided without doing violence to the language of the enactment. Before applying a statute retrospectively the Court has to be satisfied that the statute is in fact retrospective. The presumption against retrospective operation is strong in .cases in which the statute, if operated retrospectively, would prejudicially affect vested rights or the illegality of the past transactions, or impair contracts, or impose new duty or attach new disability in respect of past transactions or consideration already passed. …

What is a substantial question of law- SC explained

What is a substantial question of law would certainly depend upon facts and circumstances of every case and if a question of law had been settled by the highest court of the country that question however important and difficult it may have been regarded in the past and however large may be its effect on any of the parties, would not be regarded as substantial question of law. In Raghunath Prasad v. Deputy Commissioner of Partabgarh [1927] 54 LA. 126 the Judicial Committee observed that a question of law to be considered a “substantial question of law” need not be one of general importance and it could be a substantial question “as between the parties”.…

A decree obtained by fraud cannot be used as a res judicata and the same can be challenged by a separate Suit-SC

The judiciary in India also possesses inherent power, specially u/s 151 CPC, to recall its judgment or order if it is obtained by fraud” on Court, In the case of fraud on a party to the suit or proceedings, the Court may direct the affected party to file a separate suit for setting aside the decree obtained by fraud. Inherent powers are powers, which are resident in all Courts, especially of superior jurisdiction. These powers spring not from legislation but from the nature and the constitution of the tribunals or Courts themselves so as to enable them to maintain their dignity, secure obedience to its process and rules, protect its officers from indignity and wrong and to punish unseemly behavior. This power is necessary for the orderly administration of the Court’s business.…

Prabhat Ranjan Singh & ANR. Vs. R.K. Kushwaha & Ors. [ALL SC 2018 September]

September 07, 2018  – Direct Recruitment-Supreme Court discussed the following issues for decision:

I Whether the Railways is bound by the rules framed by the DoPT or it can frame its own rules and whether the IREM has statutory force?

II Whether Shri R.K. Kushwaha, the direct recruit had laid challenge to the rules, which provide for giving weightage in the seniority to the promotee officers?

III Whether the findings of the CAT in respect of N.R. Parmar’s case (supra) was limited to removing the arbitrariness only in respect of ‘DITS’?

IV Whether by issuing the memorandum dated 05.03.2018 amendment/modifying rules 327341 the Railways have violated the order issued by the CAT?

I Whether the Railways is bound by the rules framed by the DoPT or it can frame its own rules and whether the IREM has statutory force?…

Gottumukkala Venkata Krishamraju Vs. Union of India & Ors. [ALL SC 2018 SEPTEMBER]

SEPTEMBER 07, 2018 : Ordinarily wherever the word ‘substitute’ or ‘substitution’ is used by the legislature, it has the effect of deleting the old provision and make the new provision operative. The process of substitution consists of two steps: first, the old rule is made to cease to exist and, next, the new rule is brought into existence in its place. The rule is that when a subsequent Act amends an earlier one in such a way as to incorporate itself, or a part of itself, into the earlier, then the earlier Act must thereafter be read and construed as if the altered words had been written into the earlier Act with pen and ink and the old words scored out so that thereafter there is no need to refer to the amending Act at all. No doubt, in certain situations, the Court having regard to the purport and object sought to be achieved by the Legislature may construe the word “substitution” as an “amendment” having a prospective effect.…

RESERVE BANK OF INDIA AND ORS Vs. C.N. SAHASRANAMAN AND ORS [ALL SC 1986 APRIL]

The main question which needs determination is whether part of the scheme mentioned before introduced by the Reserve Bank of India is violative of guarantee of equality before law and of equal opportunity in public employment as enshrined in Articles 14 and 16 of the Constitution. The High Court noted that the point arose at the instance of three petitioners who were Grade II working at Nagpur branch of Reserve Bank ever since their employment which commenced somewhere between 1960 to 1965.…

Mysore Urban Development Authority Vs. K.M. Chikkathayamma & Ors.[ALL SC 2018 September]

September 07, 2018: LAND ACQUISITION-Any act done by the parties in relation to the subject matter of the appeals after the impugned order, cannot be pressed into service to support the impugned order. In other words, the legality and correctness of the impugned order has to be examined in the light of reasoning contained in the impugned order and not on the basis of the acts done by the parties subsequent to the passing of impugned order. It is for this reason the acts done by the party subsequent to passing of the impugned order are of no relevance for deciding the present appeals. APPEAL ALLOWED.…

Picturization of movie which involves the actress with a wink is not blasphemous-SC

section 295A does not penalise any and every act of insult to or attempt to insult the religion or the religious beliefs of a class of citizens but it penalises only those acts of insults to or those varieties of attempts to insult the religion or the religious beliefs of a class of citizens which are perpetrated with the deliberate and malicious intention of outraging the religious feelings of that class. Insults to religion offered unwittingly or carelessly or without any deliberate or malicious intention to outrage the religious feelings of that class do not come within the sanction.…

C. Venkatachalam Versus Ajitkumar C. Shah and Others [ALL SC 2011 AUGUST]

In order to ensure smooth, consistent, uniform and unvarying functioning of the National Commission, the State Commissions and the District Forums, we deem it appropriate to direct the National Commission to frame comprehensive rules regarding appearances of the agents, representatives, registered organizations and/or non-advocates appearing before the National Commission, the State Commissions and the District Forums governing their qualifications, conduct and ethical behaviour of agents/non-advocates/representatives, registered organizations and/or agents appearing before the consumer forums.…