2019 SCC Vol. 10 December 28, 2019 Part 5

Government Grants, Largesse, Public Property and Public Premises — Transfer of lease/allotted plot: In this case, industrial land was given to the original allottee at a price fixed by Bihar Industrial Area Development Authority (BIADA). The Supreme Court held that when the allottee transfers and gets something more for the land and the market value as reflected in the circle rate is much more than the price at which the land was allotted to the allottee, BIADA, which was the original owner of the land should not be deprived of a reasonable portion of the unearned increase from the value of the land. Therefore the policy of BIADA fixing the cost of the land on the basis of the circle rate applicable, legal and valid. [Bihar Industrial Area Development Authority v. Amit Kumar, (2019) 10 SCC 733]

Administrative Law — Judicial Review: Principles summarized regarding scope of judicial review of administrative action. Municipal Council, [Neemuch v. Mahadeo Real Estate, (2019) 10 SCC 738]

Insolvency and Bankruptcy Code, 2016 — Ss. 238-A and 7 r/w S. 433(e) of the Companies Act, 1956: An application under S. 7 before NCLT, pursuant to transfer of winding-up petition (on ground of company being unable to pay its debts) by High Court, held, would be barred by limitation when the winding-up petition itself was filed beyond the prescribed period of limitation. Filing of a civil suit for recovery would not extend the period of limitation for filing a winding-up petition. If a winding-up petition, on the date that it was filed, is barred by lapse of time then S. 238-A of the Code will not give a new lease of life to such a time-barred petition.  Further held, a suit for recovery based upon a cause of action that is within limitation cannot in any manner impact the separate and independent remedy of a winding-up proceeding. Further, qua winding-up petition on ground of company being unable to pay its debts under S. 433(e) of the Companies Act, 1956, the trigger for limitation is the inability of a company to pay its debts and this trigger occurs when a default takes place, after which the debt remains outstanding and is not paid. It is this date alone that is relevant for the purpose of triggering limitation for the filing of a winding-up petition. [Jignesh Shah v. Union of India, (2019) 10 SCC 750]

Criminal Trial — Medical Jurisprudence/Evidence — Medical evidence of throttling, strangulation and hanging: Medical jurisprudence and case-law extensively surveyed and medical evidence of throttling, strangulation and hanging, meticulously distinguished. [Javed Abdul Rajjaq Shaikh v. State of Maharashtra, (2019) 10 SCC 778]

Constitution of India — Art. 32 — Prayer for bail to be granted directly by Supreme Court in a group of registered cases or cases likely to be registered in connection with same transaction: In this case involving “Grand Venice” Mall and a Commercial Tower Project, the Supreme Court directly granted bail to accused in cases registered or likely to be registered in different States arising out of same transaction. Several conditions also imposed for grant of bail. The prayer of petitioner-accused to transfer all cases to CBI and consolidation of all FIRs and criminal proceedings in State of U.P. and NCT of Delhi, declined. Some relief granted in terms of consolidation of cases before SIT constituted by State of U.P. and stay of proceedings in NCT of Delhi to enable the same. [Satinder Singh Bhasin v. State (NCT of Delhi), (2019) 10 SCC 800]

Constitution of India — Art. 32: In this case, bail was granted by imposing conditions in writ petition with common prayer seeking bail directly from Supreme Court in different criminal cases. [Surinder Singh Alagh v. Union of India, (2019) 10 SCC 807]

Constitution of India — Arts. 164, 188, 189, 178 & 212 and 75, 100 & 122 and Art. 32 — Floor test in legislature to determine which party/grouping of parties has a majority, so as to be invited to form Government — When can be directed: In this case, as no single party was having a majority in newly elected House and different parties were claiming conflicting alliances and support from different parties/groups of MLAs, floor test, held, can be directed to prevent unlawful practices such as horse-trading, to avoid uncertainty and to effectuate smooth running of democracy by ensuring a stable Government. [Shiv Sena v. Union of India, (2019) 10 SCC 809]

Join the discussion

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.