2017 SCC Vol. 6 July 28, 2017 Part 4

H.P. Private Medical Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006 (16 of 2006) — S. 3(6-a) — Establishment, Incorporation, Running, Closure and Nationalisation of Educational Institutions/Universities — Right to establish and run educational institutions — Generally: Section 3(6a) of the Himachal Pradesh Private Medical Educational Institutions (Regulation of Admission and Fixation of Fee) Act 2006 conferring exclusive power to affiliate private medical educational institutions set up in the State to Himachal Pradesh University, struck down. [Maharishi Markandeshwar Medical College and Hospital v. State of H.P., (2017) 6 SCC 675]

Arbitration Act, 1940 — S. 30 — Award — Interference with — Whether justified: Award restored, when interference therewith was on an incorrect appreciation of the record/documents. [Kamrup Industrial Gases Ltd. v. Union of India, (2017) 6 SCC 707]

Constitution of India — Arts. 19(1)(g), 6, 32, 142, 47, 245 and 246 and Sch. VII List I Entry 23 List II Entries 13 and 51: As liquor vends on National and State highways, are a major cause of road accidents and deaths, hence, directions issued in K. Balu, (2017) 2 SCC 281, affirmed. However, certain modulations however permitted. [State of T.N. v. K. Balu, (2017) 6 SCC 715]

Infrastructure Laws — Water and Water Resources — Water disputes — Challenge to award of Tribunal constituted under S. 9, Inter-State Water Disputes Act, 1956: As State of Kerala agreed not to utilise more water than that allocated by award under challenge pending final decision of Supreme Court, the interim order which is in force shall continue till the appeals are decided. [State of Karnataka v. State of T.N., (2017) 6 SCC 727]

Disaster Management Act, 2005 — Implementation of: Directions issued for proper implementation of the Act. [Gaurav Kumar Bansal v. Union of India, (2017) 6 SCC 730]

Constitution of India — Arts. 21, 14, 38, 39 and 39-A — Deaths of farmers in Tamil Nadu — Obligation of State to take ameliorative measures to prevent: As deaths are due to famine and other natural causes and also due to immense financial problem, State, as guardian, is required to see how to solve these problems or to meet problems by taking curative measures treating it as a natural disaster. State standing on a position of a loco parentis to the citizens should act in a society where agriculture is of paramount importance and most farmers exclusively depend upon agriculture for sustenance. [T.N. Centre for Public Interest Litigation v. State of T.N., (2017) 6 SCC 734]

Associations, Societies and Clubs — Body discharging public functions but not amounting to State — BCCI and State Cricket Associations: For compliance of reform of BCCI and State Cricket Associations, as per directions of Supreme Court, further directions issued in respect of various issues such as: (i) Interim orders on expenditure on ODIs and T-20 international matches; (ii) Constitution and functioning of Committee of Administrators; (iii) Compliance report; (iv) Nominee to attend meeting of ICC; and (v) State Cricket Associations elections. [BCCI v. Cricket Assn. of Bihar, (2017) 6 SCC 737]

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — S. 24(2) r/w Ss. 3(r) and 3(x) — Petition seeking declaration of lapse of acquisition proceedings — Maintainability of: Under the 2013 Act, all persons claiming interest in compensation to be paid on account of the acquisition of land, are “persons interested”. Further, amongst others, a person whose name is recorded as owner of the land or building or part thereof in the records of the authority concerned, is a “landowner” — Even a family residing in the lands sought to be acquired, be it an owner or not, is an “affected family”, and if a family or a person is affected, necessarily, he has a right to approach the court to protect his interests. Therefore, subsequent purchasers/successors, etc., being people affected by the acquisition, have the locus standi to file the petition seeking declaration of lapse of acquisition proceedings. [Government (NCT of Delhi) v. Manav Dharam Trust, (2017) 6 SCC 751]

Criminal Procedure Code, 1973 — Ss. 378, 386(a) and 385 — Appeal against acquittal — Powers of appellate court — How exercisable: Power of appellate court to review evidence in appeals against acquittal is as extensive as its powers in appeals against convictions, but that power is with a note of caution that appellate court should be slow in interfering with orders of acquittal unless there are compelling reasons to do so. [Arun Kumar v. State of Bihar, (2017) 6 SCC 765]

Civil Procedure Code, 1908 — Or. 21 Rr. 64 to 68 r/w R. 90(2) — Auction-sale of property, in course of execution proceedings — When can be set aside: It is not any material irregularity or fraud that alone is sufficient for setting aside of sale, but as per Or. 21 R. 90(2) CPC, judgment-debtor has to go further and establish to the satisfaction of the court that the material irregularity or fraud in conducting the sale, as the case may be, resulted in causing substantial injury to the judgment-debtor. [Chilamkurti Bala Subrahmanyam v. Samanthapudi Vijaya Lakshmi, (2017) 6 SCC 770]

Civil Procedure Code, 1908 — S. 100 — Second appeal: As directions given by High Court to dispose of second appeal with a view to meet the ends of justice and avoid any further litigation between the parties concerned, without dealing with all substantial questions of law framed by it, adequately protecting interests of either party, said disposal was proper. [Poonnamma Jagadamma v. Narayanan Nair, (2017) 6 SCC 778]

Civil Procedure Code, 1908 — S. 25 — Transfer petition — Factors to be considered — Civil and criminal cross-cases in matrimonial matter: As husband was already appearing in court to which petitioner wife sought transfer of proceedings concerned, divorce petition could be transferred to Dungarpur, Rajasthan. [Bhartiben Ravibhai Rav v. Ravibhai Govindbhai Rav, (2017) 6 SCC 785]

Constitution of India — Art. 226 — Maintainability — Delay/Laches — Land acquisition matters — Acquisition for construction of new broad gauge railway line by invocation of urgency clause: As appellants were paid compensation and possession was duly taken [hence no claim remains under S. 24(2) of 2013 Act]. Moreover, fact remains that the challenge of appellants is barred by laches and the said finding does not suffer from any infirmity. Even if appellants were permitted to lay a fresh challenge, they are required to overcome this legal bar which appellants have not been able to overcome. [Jasveer Singh v. State Of U.P., (2017) 6 SCC 787]

Penal Code, 1860 — Ss. 304-B/34 — Dowry death — Death due to strangulation and body burnt thereafter: In this case incident took place in matrimonial home of deceased. Circumstantial evidence did not establish that appellant-accused, deceased victim’s sister-in-law and brother-in-law, had any common intention with husband (convicted accused) of deceased in commission of crime and sufficient evidence was also present that both used to live in a different village and not with accused husband. As evidence available does not prove beyond reasonable doubt, that appellants tortured victim for any demand of dowry, hence, their conviction reversed. [Bibi Parwana Khatoon Alias Parwana Khatoon v. State of Bihar, (2017) 6 SCC 792]

Service Law — Termination of Service — Parity between co-delinquents — Conviction for offence involving moral turpitude: In this case conviction of similarly placed co-accused was converted to offence not falling under offences listed under instructions of State Government as involving moral turpitude, after the death of accused. However, as by the time benefit of acquittal of co-accused was pressed in service and claim was raised, accused had already expired, therefore, entitlement to benefit of acquittal of co-accused from offence involving moral turpitude, to deceased accused, will be to all benefits except payment of back wages. [State of Haryana v. Ved Kaur, (2017) 6 SCC 796]

Police — Transfer — Nature of satisfaction of Government pertaining to necessity of transfer/displacement of Senior Police Officer from sensitive tenure-based post before completion of tenure: Removal/Displacement/Transfer of officer from sensitive tenure-based post requires serious consideration and good reasons that can be tested. Action is permitted against police officer only on basis of verifiable material and not on subjective whims and fancies of those in power i.e. it should not be mere “perception” or “public expectation”. Absence of any material, except expression of opinion or views formed which is make-believe “prima facie satisfaction” (as required by the statute), by itself, cannot take out judicial review in garb of the matter being one concerning subjective satisfaction of Government. [T.P. Senkumar v. Union of India, (2017) 6 SCC 801]

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