Supreme Court Judgment Updates

SC Digest

Per Curiam decisions, daily updates of Supreme Court Judgments

Devider

September

20.09.2017

Service – Group D appointment in Railways – Age relaxation- directed as Railways to give relaxation of age to the appellants by deducting the period of service for which the appellants have worked [Abdul Hamid & Ors. Versus Union Of India & Ors.]

Occupancy Rights-Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960- the plaintiff was not in personal cultivating possession and hence, he could not have got occupancy rights of a tenant in the land which can only be given to a person who is actually cultivating the land [Yashchandra (D) By Lrs. Versus The State Of Madhya Pradesh & Ors]

SEBI-Legality of ‘non-intermediary frontrunning’ in security market- Affirming the position in   SEBI v. Kishore R. Ajmera  held that concerned parties to the transaction were involved in an apparent fraudulent practice violating market integrity  [Securities And Exchange Board Of India Versus Shri Kanaiyalal Baldevbhai Patel]

Execution of Decree- In case the respondents do not vacate the premises in question within the stipulated time or in case they induct any third party against the spirit of the compromise, they shall be visited with all the civil consequences and shall also be liable to answer for contempt before this Court  [Thuluva Vellalar Sangam Versus R. Manthrasalam & Ors.]

19.09.2017

ARROW Kidnap Case pre-arrest bail denied-The High Court without assigning any reasons has granted the anticipatory bail. Having regard to the nature and gravity of the accusations, we are of the view that the High Court was not justified in granting anticipatory bail. Respondent Nos. 1 and 2, that they have kidnapped his son. Learned Sessions Judge examined the case diary and found that the witnesses examined by the IO during the investigation had supported the case of the prosecution. The victim boy has not been traced so far[FEKAN YADAV VERSUS SATENDRA YADAV @ BOSS YADAV @ SATENDRA KUMAR AND ORS]

 BULLET 2Section 302 IPC, last seen circumstances failed to establish the guilt beyond doubt, accused acquitted [GANPAT SINGH Versus THE STATE OF MADHYA PRADESH]

15.09.2017

BULLET 2Supreme Court issued eleven directions on custodial death.[RE-INHUMAN CONDITIONS IN 1382 PRISONS[15.08.2017]

ARROWStatutory Interpretation: A simple repeal of an Act leaves no room for expression of a contrary opinion. However, if the repeal is followed by a fresh enactment on the same subject, the applicability of the General Clauses Act would undoubtedly require an examination of the language in the new enactment to see if it expresses a different intention from the earlier Act. The enquiry would necessitate an examination if the old rights and liabilities are kept alive or whether the new Act manifests an intention to do away with or destroy them. If the new Act manifests a different intention, the application of the General Clauses Act will stand excluded[THE STATE OF HARYANA AND OTHERS  VERSUS HINDUSTAN CONSTRUCTION COMPANY LTD.]

14.09.2017

BULLET 2 The Fatal Accidents Act, 1855-suit under Section 1A of the Fatal Accidents Act, 1855 has to be filed within two years [DAMINI AND ANOTHER VERSUS MANAGING DIRECTOR, JODHPUR VIDYUT VITRAN NIGAM LIMITED AND ANOTHER]

BULLET 2Admiralty Suit-lien :It is, thus, clear that a claim for necessaries supplied to a vessel does not become a maritime lien which attaches to the vessel.In India at least claims for necessaries, though maritime claims, do not raise a maritime lien. ↓

  • 62 and 63 on Indian Contract Act: It is also held It is clear that where parties to a contract agree to substitute a completely different contract for the first, or to rescind a contract, the performance under the original contract and/or rescinded contract comes to an end. When parties to a contract “alter” a contract, the question that has to be answered is as to whether the original contract is altered in such a manner that performance under it is at an end[para 34- 35] It is important to remember that when Section 63 of the Contract Act is to be applied, the High Courts in India have cautioned that, being a wide departure from English law, the Section alone should be enforced according to its terms and not in accordance with English law [CHRISOMAR CORPORATION VERSUSMJR STEELS PRIVATE LIMITED]
13.09.2017

Challenging selection process for Job : The law is well settled that once a person takes part in the process of selection and is not found fit for appointment, the said person is estopped from challenging the process of selection. Same view has been taken in Madras Institute of Development Studies(2013) 11 SCC 309and Another vs. Dr. K. Sivasubramaniyan and others. (2016) 1 SCC 454  [D. SAROJAKUMARI Versus R. HELEN THILAKOM & ORS]

12.09.2017

Appointment of Arbitrator on 19.08.2015 : [ARAVALI POWER COMPANY PVT. LTD. VERSUS M/S. ERA INFRA ENGINEERING LTD]

BULLET 2Section 13B(2) of the Hindu Marriage Act –Six month Cooling period- the period mentioned in Section 13B(2) is not mandatory but directory, it will be open to the Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation.The waiver application can be filed one week after the first motion giving reasons for the prayer for waiver. Needless to say that in conducting such proceedings the Court can also use the medium of video conferencing and also permit genuine representation of the parties through close relations such as parents or siblings where the parties are unable to appear in person for any just and valid reason as may satisfy the Court, to advance the interest of justice. [Amardeep Singh Versus Harveen Kaur]hot-anim

BULLET 2 Section 6 of the General Clauses Act: The charge u/s Section 9 of the Central Excises and Salt Act, 1944 against the respondent is of evasion of duty. The ingredient of the offence is the evasion. The omission of a procedural rule for availing the credit cannot in any manner affect the said charge. The prosecution cannot be deprived of opportunity to prove evasion which by itself is an offence. In this view of the matter, there was no justification for the High Court to quash the charge merely on the ground of Rule 56A having been omitted [CHANDPAKLAL RAMANLAL SHAH AND ANR.VERSUS RELIANCE INDUSTRIES LTD]

Varunarjun Trust and Anr. Versus Union of India and Ors]

[Royal Medical Trust and Another Versus Union of India and Another]

BULLET 2Public interest relief: Air Pollution– Reinstade that right of health is a fundamental right and direction issued against the use of fire crackres and its selling and licence to the manufacturer   [Arjun Gopal and Ors versus Union of India and Ors]

BULLET 2Proof for Possession of Land : It is clear that there is no documentary evidence to show that the plaintiffs are in possession of the suit property and their case is only based on oral evidence, which is controverted by the defendants in their oral evidence, in our considered opinion, the High Court was not justified in holding that the plaintiffs are in possession of the property.  [RAJNARAYAN SHARMA VERSUS SIRNAM SHARMA AND OTHERS]

[MAJOR S D SINGH MEDICAL COLLEGE AND HOSPITAL & ANR VERSUS UNION OF INDIA AND ORS]

[MADHA MEDICAL COLLEGE AND RESEARCH INSTT. THR. ITS MANAGING DIRECTOR VERSUS UNION OF INDIA AND ANR]

11.09.2017

Misconduct by LIC Assistant -An employee, in discharge of his duties, is required to exercise higher standard of honesty and integrity. In a case where he deals with the money of the depositors and customers, it is all the more necessary for him to be more cautious in his duties because he deals with the money transactions for and on behalf of his employer. Every such employee/officer is, therefore, required to take all possible steps to protect the interest of his employer. He must, therefore, discharge his duties with utmost sense of integrity, honesty, devotion and diligence and must ensure that he does nothing, which is unbecoming of an employee/officer. Indeed, good conduct and discipline are inseparable from the functioning of every employee/officer of any Institution and more when the institution deals with money of the customers. Any dereliction in discharge of duties whether by way of negligence or with deliberate intention or with casualness constitutes misconduct on the part of such employee/officer. [Mihir Kumar Hazara Choudhury VERSUS Life Insurance Corpn. & Anr]

 Land Acquisition Act, 1894:  [NARENDRA & ORS.  VERSUS STATE OF UTTAR PRADESH & ORS]

Grant of parole:  [ASFAQ  VERSUS STATE OF RAJASTHAN AND OTHERS]

08.09.2017

BULLET 2Pre-emption-Whether, in a suit for pre-emption, an ex parte decree which is later set aside, can be termed to be the decree of the court of first instance, no [  Vijay Singh Versus Shanti Devi and Anr]

BULLET 2Lease for 11 month -Second Review petition is not maintainable and thereafter, after the rejection of SLP any fresh appeal could not be maintainable and decided that if a lease was granted for renewal of  lease from year to year then there was no inherent right to continue as a lessee in perpetuity [CHANDRO DEVI & ETC. VERSUS UNION OF INDIA AND ORS]

BULLET 2Permission by MCI to run Medical College: MCI  failed to pass reasoned Order , in Shri Venkateshwara University through its Registrar and Another Versus Union of India and Another , and Krishna Mohan Medical College and   Hospital & Anr. Versus Union of India and Another issued directions to MCI to send its Inspecting Team to the petitioner college and inform the petitioner college about the deficiencies, if any, with option to remove the same within the time limit as may be specified in that behalf. [Melmaruvathur Adhiparasakthi Institute of Medical Sciences and Research Versus Union of India and Anr]

Hamdard Institute of Medical Sciences And Research (HIMSR) & Anr Versus Union of India and Ors.

Subharti Medical College  Versus Union of India and Ors.

The Manager Palathingal M.L.P. School, Parappanangadi  Versus Sethumadhavan P.K. And Ors

07.09.2017

Lovely Bal Shiksha Parishad VERSUS Delhi Development Authority

Bharvagi Constructions & Anr.VERSUS Kothakapu Muthyam Reddy & Ors.

06.09.2017

The principle of Hindu law: It is a settled principle of Hindu law that there lies a legal presumption that every Hindu family is joint in food, worship and estate and in the absence of any proof of division, such legal presumption continues to operate in the family. The burden, therefore, lies upon the member who after admitting the existence of jointness in the family properties asserts his claim that some properties out of entire lot of ancestral properties are his self-acquired property[Adiveppa & Ors.VERSUS Bhimappa & Anr.]

05.09.2017

S.N.D.P. Sakhayogam VERSUS Kerala Atmavidya Sangham & Ors. 

Varala Bharath Kumar and another Versus State of Telangana and another 

U.P. State Road Transport Corporation Versus Sandeep Kumar Jain & Ors.

World College of Medical Sciences & Research and Hospital & Anr. Versus
Union of India and Anr

The State of Punjab & Another Versus Dharam Pal

The State of Maharashtra & Anr. VERSUS Kishor M. Gadhave Patil & Ors

Harbanslal Malhotra & Sons Pvt.Ltd.  VERSUS Kolkata Municipal Corpn. & Anr

Maharaja Amrinder Singh VERSUS The Commissioner of Wealth Tax 

M/s Raptakos, Brett & Co. Ltd. Versus M/s Ganesh Property

04.09.2017

SUKHWINDER KUMAR & ORS. Versus STATE OF PUNJAB & ORS.

PURVI MUKESH GADA VERSUS MUKESH POPATLAL GADA & ANR

01.09.2017

Shri Venkateshwara University Through its Registrar and Another Versus Union of India and Another

Saraswati Educational Charitable Trust and Anr. Versus Union of India and Anr.

KRISHNA MOHAN MEDICAL COLLEGE AND HOSPITAL & ANR.VS UNION OF INDIA AND ANOTHER

Apparaju Malhar Rao VERSUS Tula Venkataiah @ Venkat Rao (Dead) & Ors.

Devider

August

31.08.2017

Insulting a Judicial officer: If a person offers  an insult to a public servant sitting in a judicial proceeding, or causes interruption to him while he is so sitting at any stage of the judicial proceeding, the complaint has to proceed from the public servant himself; that is the effect of Section l95(1)(b) CrPCImage result for QUICK LINK GIF

BULLET 2Power to do complete justice under article 142 of ConstitutionThis direction is being issued in exercise of plenary powers of this Court(Supreme Court) under Article 142 of the Constitution of India, in the peculiar facts of the present case to do complete justice and in the larger public interest Image result for QUICK LINK GIF

BULLET 2Bankruptcy Code– The obligation of the corporate debtor was, therefore, unconditional and did not depend upon infusing of funds by the creditors into the appellant company.The Code is a Parliamentary law that is an exhaustive code on the subject matter of insolvency in relation to corporate entities, and is made under Entry 9, List III in the 7th Schedule which reads as under: “9. Bankruptcy and insolvency” [M/S. INNOVENTIVE INDUSTRIES LTD vs ICICI BANK & ANR.]hot-anim

BULLET 2Setting aside Arbitration award : An award rendered in an international commercial arbitration – whether in India or abroad – is subject to the same tests qua setting aside under Section 34 or enforcement under Section 48, as the case may be. The only difference is that in an arbitral award governed by Part I, arising out of an arbitration other than an international commercial arbitration, one more ground of challenge is available viz. patent illegality appearing on the face of the award. The ground of patent illegality would not be established, if there is merely an erroneous application of the law or a re-appreciation of evidence[HRD CORPORATION (MARCUS OIL AND CHEMICAL DIVISION)  VERSUS GAIL (INDIA) LIMITED (FORMERLY GAS AUTHORITY OF INDIA LTD.)

BULLET 2Personal information” : which stand exempted from disclosure under clause (j) of Section 8(1) of the RTI Act, unless involves a larger public interest and the Central Public Information Officer or the State Public Information Officer or the appellate authority is satisfied that the larger public interest justifies the disclosure of such information[Canara Bank Rep. by its Deputy Gen. Manager VERSUS C.S. Shyam & Anr]

30.08.2017

Fair hearing –Reasonable opportunity of hearing which is synonymous to ‘fair hearing’, it is not longer res integra is an important ingredient of audi alteram partem rule and embraces almost every facet of fair procedure. The rule of ‘fair hearing’ requires that the affected party should be given an opportunity to meet the case against him effectively and the right to fair hearing takes within its fold a just decision supplemented by reasons and rationale. Reasonable opportunity of hearing or right to ‘fair hearing’ casts a steadfast and sacrosanct obligation on the adjudicator to ensure fairness in procedure and action, so much so that any remiss or dereliction in connection therewith would be at the pain of invalidation of the decision eventually taken. Every executive authority empowered to take an administrative action having the potential of visiting any person with civil consequences must take care to ensure that justice is not only done but also manifestly appears to have been done.Image result for QUICK LINK GIF

BULLET 2Sub-tenancy or sub-letting comes into existence when the tenant gives up possession of the tenanted accommodation, wholly or in part, and puts another person in exclusive possession thereof. This arrangement comes about obviously under a mutual agreement or understanding between the tenant and the person to whom the possession is so delivered. In this process, the landlord is kept out of the scene. Rather, the scene is enacted behind the back of the landlord, concealing the overt acts and transferring possession clandestinely to a  person who is an utter stranger to the landlord, in the sense that the landlord had not let out the premises to that person nor had he allowed or consented to his entering into possession of that person, instead of the tenant, which ultimately reveals to the landlord that the tenant to whom the property was let out has put some other person in possession of that property. In such a situation, it would be difficult for the landlord to prove, by direct evidence, the contract or agreement or understanding between the tenant and the sub-tenant.[Prem Prakash Versus Santosh Kumar Jain & Sons (HUF) and Another]

BULLET 2COGNISANCE IN CHEQUE BOUNCE CASE– under Section 142 that the provisions dealing with taking cognizance contained in the CrPC should give way to the procedure prescribed under Section 142. Hence the opening of non-obstante clause under Section 142. It must also be remembered that Section 142 does not either contemplate a report to the police or authorise the Court taking cognizance to direct the police to investigate into the complaint. Image result for QUICK LINK GIF

29.08.2017

Compensation to restore Religious places– Govt shall pay compensation to restore religious places as per state scheme[State of Gujarat and Another Versus The I.R.C.G. and Others]

BULLET 2Sentencing Policy- while sentencing the accused, the Court is required to take into account several factors arising in the case, such as the nature of offence committed, the manner in which it was committed, its gravity, the motive behind the commission of the offence, nature of injuries sustained by the victim, whether the injuries sustained were simple or grievous in nature, weapons used for commission of offence and any other extenuating circumstances if any. Once these factors are considered while imposing the sentence, there remains little scope to interfere in quantum of punishment. [Ahsan VERSUS State of U.P.]

28.08.2017

Mining-Any trading process has to be free and fair with liberty to the contracting parties to work out their own terms of sale and purchase, what cannot be ignored are the circumstances which had prompted the Court to conceive of and continue with a departure from the normal rule and instead to have a regulated, if not, highly controlled system of sale and purchase of iron-ore Sale and purchase of iron-ore through the Court Appointed Monitoring Committee and by e-auction is not a singular but a connected facet of what was visualized by the Court in its bid to check, control and regulate mining and also to restore nature and environment to its earlier pristine purity, so far aspossible. Image result for QUICK LINK GIF

25.08.2017

THE ROYAL BANK OF SCOTLAND PLC VERSUS AXIS BANK LIMITED & ORS.

24.08.2017

Right of Privacy-Privacy is fundamental Right u/a 21 of Indian constitution[JUSTICE K S PUTTASWAMY (RETD.), AND ANR.VERSUS UNION OF INDIA AND ORS]hot-anim

BULLET 2Accountability in public interest matter: Land which was acquired for facilitating planned development, no authority can claim an immunity from its accountability to matters of public interest. [M/S. AJAR ENTERPRISES PRIVATE LIMITED Versus SATYANARAYAN SOMANI AND ORS]

BULLET 2Inherent Power-It is settled law that the power under Section 482 Cr. P.C. is exercised by the High Court only in exceptional circumstances only when a prima facie case is not made out against the accused. The test applied by this Court for interference at the initial stage of a prosecution is whether the uncontroverted allegations prima facie establish a caseImage result for QUICK LINK GIF

BULLET 2Pleading in Writ Petition-Dismiss the writ petition on the ground of maintainability only as we do not deem it necessary to go into the issue on merits for lack of pleadings as well as requisite prayers in this behalf [AMINA MARWA SABREEN A (MINOR) AND OTHERS  VERSUS STATE OF KERALA AND OTHERS]

23.08.2017

BULLET 2Contract-The appellant having accepted the terms in the contract, which did not  provide for any extra payment relating to lead for water, was not entitled to that claim.[M/s. National Building Construction Versus State of Maharashtra & Ors].

BULLET 2Conciliation-A litigant cannot object to evidence of a fact that is independent of and separate from a settlement offer under conciliation proceedings[GOVIND PRASAD SHARMA & ORS.DOON VALLEY OFFICERS COOPERATIVE HOUSING SOCIETY LTD]

BULLET 2Accomplice- The prosecution was entitled to cite the three original accused as witnesses, in the given fact situation, having regard to larger interest of justice to strengthen the prosecution case against more serious accused cannot be held to be without substance. This could be done even without recourse to Section 306 Cr.P.C[GIRISH SHARMA & ORS.  VERSUS THE STATE OF CHHATTISGARH & ORS.]

22.08.2017

Media-Under Section 3 of the Sports Act, 2007 the live feed received by Prasar Bharati from content rights owners or holders is only for the purpose of re-transmission of the said signals on its own terrestrial and DTH networks and not to Cable Operators so as to enable the Cable TV operators to reach such consumers who have already subscribed to a cable network[UNION OF INDIA VERSUS BOARD OF CONTROL FOR CRICKET IN INDIA & ORS.]

BULLET 2Islam-The practice of ‘talaq-e-biddat’ – triple talaq is set aside and declared as null and void [Shayara Bano versus Union of India and others -August 22, 2017]hot-anim

21.08.2017

Bail Granted –Lt. Col. Prasad Shrikant Purohit Versus State of Maharashtra]hot-anim

SEJAL GLASS LTD. VERSUS NAVILAN MERCHANTS PVT. LTD

Securities and Exchange Board of India versus Classic Credit Ltd.hot-anim

18.08.2017

State of Punjab & Ors. Versus The Senior Vocational Staff Masters Association & Ors.

BULLET 2Further Investigation: Further investigation after taking cognizance[Amrutbhai Shambhubhai Patel Vs. Sumanbhai Kantibhai Patel and others] and after framing charges, in a given case may be ordered only on the request of the investigating agency and that too, in circumstances warranting further investigation on the detection of material evidence only to secure fair investigation and trial, the life purpose of the adjudication in hand.[Athul Rao Versus State of Karnataka & Anr]

ARROWBaggage Rule – In the absence of any facts on record about the nature and mode of concealment and also any finding of the lower authority that jewellery was kept in a way to evade detection on examination of the baggage, it has to be held that there was no concealment as such. It is seen that the respondent chose the Green Channel for clearance of her baggage. She committed no violation of law or infraction of any instruction for clearance of the baggage through the green channel as she being a tourist had no dutiable goods to declare under the Baggage Rules. The presumption that the jewellery found in her baggage cannot be considered as personal effects owing to its high monetary value is rebutted herewith and we hold that the respondent was entitled to import personal jewellery duty free. [Directorate of Revenue Intelligence Versus Pushpa Lekhumal Tolani]

Devider

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