2018 SCC Vol. 5 June 14, 2018 Part 2

Civil Procedure Code, 1908 — S. 9 — Abuse of process of court — Suppression of material facts: In this case, appellant-plaintiff filed suit for specific performance of contract against D-1 on basis of a power of attorney by suppressing material facts that title and possession regarding said suit land already stood adjudicated in favour of another person D-2 and not D-1, hence, High Court order setting aside decree of specific performance, affirmed. [Baxis Singh v. Sukhdev Singh], (2018) 5 SCC 338]

Civil Procedure Code, 1908 — S. 9 — Civil suit — Maintainability: Dispute principally as to succession to property, turning on question of legitimacy/legal status of parties concerned as legal heirs of deceased person concerned, could only be resolved vide a civil suit. [R. Kasthuri v. M. Kasthuri, (2018) 5 SCC 353]

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) — S. 3(1)(ii) — Preventive detention order under: COFEPOSA does not require detaining authority to specify period for which a detenu is required to be detained, hence, order of detention, not rendered invalid/illegal in absence of such specification. [State of T.N. v. Kamala], (2018) 5 SCC 322]

Constitution of India — Art. 226 — Exercise of power by High Court — Approach: considerations therein: In this case, Division Bench by impugned judgment without considering background of case and reasons which weighed with Single Judge while passing order, modified interim order passed by Single Judge directing payment of salary considering long service of 30 yrs rendered by appellant, to effect that status quo prevailing on date of filing of writ petition to be maintained i.e. non-payment of salary to appellant on account of impugned orders, which was not proper. [Aparbal Yadav v. State of U.P., (2018) 5 SCC 363]

Constitution of India — Art. 32 — PIL — Maintainability: Petitioner’s main prayer seeking: (a) direction for CBI investigation into allegations of reported cases of oil adulteration by mafias, and (b) mandamus directing direct transfer of cash subsidy to intended beneficiaries of kerosene oil, in lieu of kerosene itself, on basis of Aadhaar card or through PDS or other credible mechanism. Petition disposed of with certain directions and clarifications. Initial inquiry conducted by petitioner revealing some truth in allegations. Petitioner was given liberty to approach oil companies with material for redressal of his grievance as per law. However, it was clarified that no opinion was expressed on merits of claim. [Seema Upadhyay v. Union of India, (2018) 5 SCC 325]

Constitution of India — Arts. 21 and 32 — Abduction, rape and murder of 8 yr old minor girl by juvenile accused: In this case there was apprehension of no fair trial as members of Bar were protesting against prosecution of the accused, and their implication/prosecution sought to be given communal overtones. Chargesheet was filed and there was possibility of filing of supplementary charge-sheet. Prayer for transfer of case from a court in J&K to a court in Chandigarh kept open and notice issued. Prayer for providing security to victims’ family members, her counsel and another person assisting them, was acceptable to State Government and accordingly directed. Prayer for strengthening of security in juvenile home, where juvenile accused lodged, accepted and accordingly directed, but with clarification that this shall be done keeping in view care and protection of children. [Mohd. Akhtar v. State of J&K, (2018) 5 SCC 336]

Criminal Trial — Investigation — Videography: In the light of importance of capturing crucial evidence in credible manner, suggestions made by MHA considering report and suggestion of Committee for a centrally driven action plan and phased manner of implementation, accepted and consequential directions issued in the matter. [Shafhi Mohammad v. State of H.P., (2018) 5 SCC 311]

Election — Local Government/Bodies/Municipalities/Panchayats/Autonomous and Other Bodies — Conduct of Election: Incidents of violence were allegedly taking place when candidates went to obtain and file nomination papers. In such situations statute empowered the Election Commissioner to pass appropriate orders. Hence, parties were given liberty to approach State Election Commission and Election Commission was directed to dispose of their grievance as per law. [Bharatiya Janata Party v. State of W.B., (2018) 5 SCC 365]

Hindu Marriage Act, 1955 — Ss. 24 and 13 — Interim maintenance under S. 24 — Effect of maintenance already granted under S. 125 CrPC: Maintenance granted by Family Court under S. 24, 1955 Act would supersede maintenance granted under S. 125 CrPC. [Sanjay Kumar Sinha v. Asha Kumari, (2018) 5 SCC 333]

Supreme Court Rules, 2013 — Or. VI Rr. 1, 2 and 4: Constitution of Benches of Supreme Court is exclusively in domain of prerogative powers of Chief Justice. [Asok Pande v. Supreme Court of India, (2018) 5 SCC 341]

Tenancy and Land Laws — Judicial Interference/Validity — Necessary/Proper parties: In this case, appellant’s land purportedly stood vested in Government. Government executed deeds and transferred said land to tenants R-1 and R-2 as per statutory objective of W.B. Land Reforms Act. Earlier writ petition and resultant transferred proceedings before Land Tribunal concerning challenge to such vesting, allowed in appellant’s favour but in said writ petition and proceedings before Tribunal, R-1 and R-2 not made parties and not heard. High Court by impugned order allowed subsequent writ petition of R-1 and R-2 and remanded matter to Tribunal for giving them opportunity of hearing. Said order of high Court not interfered with. [Ashim Ranjan Das v. Shibu Bodhak, (2018) 5 SCC 356]

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