The West Bengal Scheduled Castes And Scheduled Tribes (Identification) Act, 1994

Identification of members of Scheduled Tribes. – Any person belonging to any of the tribes or tribal communities or parts of or groups within tribes or tribal communities, specified in Part XII of the Schedule to the Constitution (Scheduled Tribes) Order, and resident in the locality specified in relation to him in that Part of such Schedule, may be identified, by a certificate, to be a member of the Scheduled Tribes.…

V. KISHAN RAO Vs. NIKHIL SUPER SPECIALITY HOSPITAL AND ANOTHER [ALL SC 2010 MARCH]

We are of the view that aforesaid directions are not consistent with the law laid down by the larger Bench in Mathew (supra). In Mathew (supra), the direction for consulting the opinion of another doctor before proceeding with criminal investigation was confined only in cases of criminal complaint and not in respect of cases before the Consumer Forum. The reason why the larger Bench in Mathew (supra) did not equate the two is obvious in view of the jurisprudential and conceptual difference between cases of negligence in civil and criminal matter. This has been elaborately discussed in Mathew (supra). This distinction has been accepted in the judgment of this Court in Malay Kumar Ganguly (supra) (See paras 133 and 180 at pages 274 and 284 of the report).…

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.…

Narayana Gramani & Ors. Vs. Mariammal & Ors [ALL SC 2018 SEPTEMBER]

September 11, 2018-TITLE APPEAL-Keeping in view the scope and ambit of the powers of the High Court while deciding the second appeal when we advert to the facts of the case, we find that the High Court committed an error in allowing the defendants’ second appeal and further erred in dismissing the plaintiffs’ suit by answering the substantial question of law. This we say for more than one reason.

First, mere perusal of the impugned order would go to show that the High Court had admitted the second appeal by framing only one substantial question of law, namely, whether the first Appellate Court was justified in dismissing the defendants’ first appeal by taking into consideration one earlier litigation in relation to the suit land, which was not between the same parties.  The High Court held that the first Appellate Court was not justified because the earlier litigation was not between the present plaintiffs and the defendants but it was between the different parties and, therefore, any decision rendered in such litigation would not operate as res judicata in the present litigation between the parties. This resulted in allowing of the appeal and dismissing the suit.

Second, the High Court committed another error when it failed to frame any substantial question of law on the issue of the plaintiffs’ ownership over the suit land. So long as no substantial question of law was framed, the High Court had no jurisdiction to examine the said issue in its second appellate jurisdiction. In other words, the High Court having framed only one question, which did not pertain to issue of ownership of the suit land, had no jurisdiction to examine the issue of ownership. It was not permissible in the light of Section 100 (5) of the Code, which empowers the High Court to decide the appeal only on the question framed and not beyond it.

Third, the High Court could invoke its powers under proviso to subsection (5) of Section 100 and frame one or two additional questions, as the case may be, even at the time of hearing of the second appeal. It would have enabled the High Court to examine the issue of ownership of the suit land in its correct perspective. It was, however, not done by the High Court.

Fourth, the High Court, while examining the question framed, also cursorily touched the ownership issue which, in our opinion, the High Court could not have done for want of framing of any substantial question of law on the ownership issue. That apart, the High Court also failed to see that the issue of res judicata and the issue of ownership were independent issues and the decision on one would not have 14 answered the other one. In other words, both the issues had to be examined independent of each other on their respective merits. It was, however, possible only after framing of substantial questions on both the issues as provided under Section 100(4) and (5) of the Code. This was, however, not done in this case.…

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.…

BALAJI RAGHAVAN AND S.P. ANAND  Vs. UNION OF INDIA [ ALL SC 1995 DECEMBER]

Bharat Ratna and Padma awards are not “titles” within Article 18 of the Constitution of India. These awards can be given to the citizens for exceptional and distinguished services rendered in art, literature, science and other fields. These awards are national in character and only those who have achieved distinction at national level can be considered for these awards. The question to be considered, however, is whether the purpose of instituting these awards is being achieved and these are being conferred on the deserving persons. The history and experience shows that, in the beginning, these awards were given to a limited number of persons but in the recent years there have been floodgates of awards for the persons who are well known, lesser known and even unknown. The Padma awards have been conferred on businessmen and industrialists who have multiplied their own wealth and have hardly helped the growth of national interest. Persons with little or no contribution in any field can be seen masquerading as Padma awardees. The existing procedure for selection of candidates is wholly vague and is open to abuse at the whims and fancies of the persons in authority. Conferment of Padma awards without any firm guidelines and fool-proof method of selection is bound to breed nepotism, favoritism, patronage and even corruption.…

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.…