2019 SCC Vol. 10 November 28, 2019 Part 1

Education Law — Medical and Dental Colleges — Postgraduate/Superspeciality courses — Institutional reservation: Institutional preference in PG admissions after introduction of NEET scheme, held, valid. NEET scheme has nothing to do with institutional reservation. The purpose of NEET is uniform entrance examination so that admissions are made on the basis of merit. Even if there is an institutional preference, admissions are made on basis of marks obtained in NEET. [Yatinkumar Jasubhai Patel v. State of Gujarat(2019) 10 SCC 1]

Income Tax Act, 1961 — Ss. 143(2) and 142(1) r/w proviso to S. 143 — Notice/Notice of Demand: Mere mentioning of new address in return of income without specifically intimating assessing officer with respect to change of address and without getting PAN database changed, is not enough and sufficient. Thus, in absence of any specific intimation to assessing officer with respect to change in address and/or change in name of assessee, assessing officer would be justified in sending notice at available address mentioned in PAN database of assessee, more particularly when return has been filed under E-Module scheme. [CIT v. I-Ven Interactive Ltd.(2019) 10 SCC 13]

Rights of Persons with Disabilities Act, 2016 — S. 32 — Governmental educational institutions — Requirement of 5% reservation: Judicial review of the expert opinion regarding eligibility criteria of minimum physical fitness for certain courses like MBBS course, not permissible. [Vidhi Himmat Katariya v. State of Gujarat(2019) 10 SCC 20]

Criminal Procedure Code, 1973 — Ss. 386 and 374: In this case, the conviction and sentence imposed on the appellant-accused was upheld by High Court without record of the trial court, which was lost during pendency of appeal before it. Hence, the order passed by the High Court, was held unsustainable. The order was set aside and matter was remanded back to it for hearing appeals afresh, after reconstruction of record of the trial court. [Savita v. State of Delhi(2019) 10 SCC 29]

Arbitration — Government/PSUs Inter se disputes: The disputes between public sector undertakings (PSUs), must be referred, first to Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD), and only in event of non-settlement, to Arbitral Tribunal. [MTNL v. Canara Bank(2019) 10 SCC 32]

Armed Forces — Promotion — Promotion to rank of Air Vice-Marshal — Promotion Policy dt. 20-2-2008 — Cls. 11, 13, 15, 16, 17 and 22 — Validity: In this case, appellant though ranking first in merit list was not promoted since he was placed at Sl. No. 3 in seniority list; first officer on select list being promoted on 11-5-2015 against first available vacancy whereas next two vacancies arising on 1-8-2015 and 1-9-2015 after appellant attaining age of superannuation on 30-6-2015. The Supreme Court held that in terms of Cls. 17 and 22 select list of officers was to be prepared from merit list and thereafter rearranged in order of seniority to ensure that candidates falling within zone of consideration were shortlisted for promotion but ultimate promotion was on basis of seniority from amongst selected candidates. Such policy providing equal opportunity to officers falling within zone of consideration cannot be said to be illegal, arbitrary or discriminatory violating Arts. 14 and 16 of the Constitution. It was further held that mere fact that appellant could not be promoted due to non availability of vacancies before his superannuation cannot be a ground to strike down Promotion Policy since policy can be struck down only if it has no reasonable nexus with objective sought to be achieved and is discriminatory. Policy dt. 20-2-2008 suffers from no illegality and hence, Tribunal was justified in not interfering therewith. [Naveen Jain v. Union of India(2019) 10 SCC 34]

Service Law — Promotion — Accelerated/Out of turn promotion — Reasonable classification: Higher educational qualification having nexus to job to be performed, held, can be a basis for exclusive or accelerated promotion since higher qualification intrinsically brings in certain skills. The factum to determine such nexus left to wisdom of administrative authorities. Grant of accelerated promotion on small percentage of posts, as in this case, thus, valid which could also act as incentive to others to acquire higher qualifications. [State of Uttarakhand v. S.K. Singh, (2019) 10 SCC 49]

Contract Labour (Regulation and Abolition) Act, 1970 — S. 10 — Prohibition of employment of contract labour: In this case, the Notification dt. 8-9-1994 prohibiting employment of contract labour in different categories of work in ONGC, was quashed without impleading either ONGC Labour Union or any other recognised ONGC Union, hence the petition was restored. Since affected contract labourers were denied opportunity of hearing, writ petition directed to be restored for fresh consideration. [ONGC Labour Union v. ONGC, Dehradun, (2019) 10 SCC 67]

Motor Vehicles Act, 1988 — Ch. XIII (Ss. 177 to 210-D) — Provisions for punishment for road traffic and motor vehicle offences: Compatibility of provisions for punishment for road traffic and motor vehicle offences under Ch. XIII (Ss. 177 to 210-D), with related provisions of IPC (Ss. 279, 304 Pt. II, 304-A, 337 and 338), affirmed. It was held, prosecution is maintainable both under MV Act and IPC, which is not barred under S. 26 of General Clauses Act. Offences under Ch. XIII of MV Act cannot abrogate applicability of Ss. 297, 304, 304-A, 337 and 338 IPC. There is no conflict between two statutes as both operate in their own spheres. [State of Arunachal Pradesh v. Ramchandra Rabidas, (2019) 10 SCC 75]

T.N. Property (Prevention of Damage and Loss) Act, 1992 (59 of 1992) — Ss. 7 and 14 — Civil suit for damages — Maintainability of: The T.N. Property (Prevention of Damage and Loss) Act, 1992, along with Rules, provides for award of compensation in two ways: (i) at the end of trial for any offence punishable under Act, or to be paid out of the fine imposed upon accused which is similar to the power of criminal court to award compensation under S. 357 CrPC, (ii) upon an application as envisaged under S. 10, after a summary inquiry as envisaged under the Rules which is somewhat similar to the summary procedure envisaged under Consumer Protection Act, 1986. Further, S. 7 of the Act recognises the possibility of a civil suit being instituted subsequent to criminal proceedings under the Act, relating to the same matter and even the summary remedy of claiming compensation envisaged under S. 10 of the Act r/w the Rules, does not preclude the filing of a suit for damages — Furthermore, S. 14 provides that the Act is in addition to, and not in derogation of, any other law in force for the time being and permits an aggrieved person to approach civil court for relief if he so desires, instead of availing of the remedy envisaged under S. 10 of the Act. [M. Hariharasudhan v. R. Karmegam,(2019) 10 SCC 94]

Environment Law — Water/River/Coastal Pollution — Effluents, Sewage, River and Lake Pollution: Validity of imposition of “sewerage charges” by National Green Tribunal (NGT), on encroachment and dumping of building debris in riverbed/flood plain and natural water body of River Yamuna in Delhi, affirmed. Directions passed for implementation within two months by NCT of Delhi. [Tata Power Delhi Distribution Ltd. v. Manoj Misra, (2019) 10 SCC 104]

Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 — Ss. 1(3), 3, 2(9)(d), 56 and 86(1): Black Money Act, held, came into force w.e.f 1-4-2016 [i.e. as provided in S. 1(3)] and not retrospectively on 1-7-2015 as provided in Noti. dt. 1-7-2015. Noti. dt. 1-7-2015 providing that Black Money Act, shall come into force on 1-7-2015 i.e. the date on which the order was issued. There will be restricted application of the Notification i.e. only for the purpose of enabling the assessee(s) to take benefit of S. 59. [Union of India v. Gautam Khaitan(2019) 10 SCC 108]

Armed Forces — Promotion — Entitlement to — Navy Order (Spl.) 02/2009 — Cl. 65 — Retrospective application of the Navy Order (Spl.) 02/2009  — Permissibility: In this case it was held that though Navy Order (Spl.) 02/2009 should not have been made applicable for confidential report initiated prior to 1-1-2010, but no prejudice was caused to appellant by applying said order. The violation of every provision does not furnish ground for interference unless prejudice caused. Besides, no benefit would accrue to appellant even if CRs of 2006 and 2009 were taken into consideration since she could not have been promoted due to her comparative merit i.e. she was ranked 17th on 4-11-2009 (Chance I) and 10th on 4-2-2011 (Chance II). [Surgeon Rear Admiral Manisha Jaiprakash v. Union of India(2019) 10 SCC 115]

Education Law — Employment and Service Matters re Educational Institutions — Appointment/Recruitment — Reservation of Seats/Quota/Exemption/Relaxation/Priority and Affirmative Action: In this case, under recruitment of Special Education Teachers under Government of NCT of Delhi, respondents obtained CTET qualification under relaxed pass norms for OBC category in States other than Delhi and eligibility for appointment was under Government of NCT of Delhi against OBC category. The Supreme Court held that since respondents did not possess OBC (Delhi) certificate they cannot be considered for recruitment against OBC category vacancies in Government of NCT of Delhi. Further held, they cannot be allowed to migrate and compete for open category vacancies since they had secured CTET qualification with relaxation of pass marks meant for OBC category. They can compete against unreserved vacancies provided they pass CTET with minimum qualifying marks stipulated for unreserved category candidates. Besides, OMS dt. 1-7-1998 and 4-4-2018 specifically stated that when relaxed standard was applied in selecting reserved category candidate, such candidates would be considered only against reserved vacancies. Moreover, concession in pass marks in qualifying exam would have direct impact on standards of competence and merit in recruitment of Special Education Teachers. It was emphasised that principles of reservation under the Constitution are intended to be confined to specifically earmarked category and unreserved category must be protected to avoid dilution of competence and merit. [State (NCT of Delhi) v. Pradeep Kumar(2019) 10 SCC 120]

Service Law — Police — Central Armed Police Forces (CAPFs) — Grant of status of organised Group A Central Services to Central Armed Police Forces (CAPFs) — Rights of IPS officers for deputation to CAPF — Effect on: In this case clarification of Supreme Court order dt. 5-2-2019, Union of India v. Sri Harananda, (2019) 14 SCC 126, was prayed. The said prayer was rejected and the Supreme Court held that the  rights of IPS officers for deputation in CAPF was not in issue before Supreme Court while rendering said judgment. Besides, in para 26 of the judgment it was specifically stated that by granting status of Organised Group A Central Services to CAPF, rights of IPS officers, if any, for their appointment on deputation to CAPF would remain unaffected. Hence, no further clarification was required. [Union of India v. Harananda(2019) 10 SCC 129]

Education Law — Employment and Service Matters re Educational Institutions: While determining the issue of entitlement to regularisation/confirmation/absorption, there must be primacy of opinion of State Government regarding rendering of qualifying service. [Kisan Inter College v. State of U.P.(2019) 10 SCC 131]

Civil Procedure Code, 1908 — Or. 21 Rr. 35(3) and 25: The use of police force for delivery of possession without specific orders of court is not permissible.  [Om Parkash v. Amar Singh(2019) 10 SCC 136]

Stamp Act, 1899 — S. 35 — Impounding of agreement to sell for non-payment of stamp duty, after sale deed based thereon, on which entire stamp duty had been paid, stood cancelled by order of court — When inequitable: In this case, said sale deed had been cancelled by court as material facts had been concealed from court by vendor in suit for specific performance of said agreement to sell, in which vendee had succeeded, which had led to execution of the sale deed which was subsequently cancelled. Vendee’s bona fides were not in doubt at any time, sale deed stood cancelled due to no fault of vendee, and no attempt was made by vendee to obtain refund of stamp duty at any stage. It was held that in such circumstances, it would be highly inequitable to impound agreement to sell. Suit for specific performance of said agreement to sell which had been restored for trial afresh with a connected suit could proceed further in accordance with law. It was further held that finding has been affirmed that appellant-plaintiff entitled for refund of Rs 1,85,000 paid towards stamp duty. Appellant-plaintiff had always shown his bona fides. Once such finding has been affirmed, it is not open for respondent-defendants to raise plea that agreement to sell should be impounded. [Terai Tea Co. Ltd. v. Kumkum Mittal(2019) 10 SCC 142]

Companies Act, 1956 — S. 535 — Restoration of possession/exclusion of properties from winding up — Locus standi/Standing to challenge: Mortgagee of the leasehold/lessee’s interest does not have the locus standi to challenge restoration of possession of leased property in which lessee had mortgaged its interest (onerous property qua S. 535), to lessor pursuant to forfeiture of lease by lessor, in the absence of challenge by the mortgagor. [Stressed Assests Stabilization Fund v. W.B. Small Ind. Dev. Corpn. Ltd., (2019) 10 SCC 148]

Forest (Conservation) Act, 1980 — S. 2 — “Forest” — Determination of whether land in question is forest land — Matters to be considered: For determination of whether land in question is forest land, due weight has to be given to revenue records, especially those pertaining to a period when the dispute regarding the land being forest land did not exist. [Chandra Prakash Budakoti v. Union of India(2019) 10 SCC 154]

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