Supreme Court Updates

Issue of accommodation in a Domestic Violence dispute between husband and wife shall not affect landlord’s right to get possession of his property

Are you a landlord seeking possession of your property but instead find yourself stuck in a domestic violence dispute between your tenants? If yes, then this ruling is in your favour.

In a case where a wife had challenged Trial Court’s order granting the possession of the suit property in favour of the landlord on the ground that her husband should provide her accommodation as per the Domestic Violence Act, 2005, the Supreme Court has held that in a domestic violence dispute between the husband and wife, the landlord, who otherwise is entitled to the decree of eviction should not be made to suffer. The dispute between the husband and wife under the Domestic Violence Act shall not preclude and/or affect the right of the landlord to get the possession if otherwise he is entitled to.

The Delhi High Court was of the view the issue of accommodation by husband under the Domestic Violence Act cannot be a subject matter of the dispute between the landlord and the tenant.

Upholding the said judgment, the Supreme Court held that if the wife has any grievance against the husband, may be in respect of the alternative accommodation, the same is required to be adjudicated in the proceedings under the Domestic Violence Act and/or any other remedy which may be available to her against the husband.

Permanent Injunction can’t be granted against true owner once the title dispute is settled

Reversing the concurrent findings of all the Court below in a case where the plaintiff was granted the relief of permanent injunction despite having lost the title, the Supreme Court has held that the plaintiff is not entitled to a relief of permanent injunction against the true owner once the dispute is settled and the plaintiff has lost the title.

The Court was deciding the case where the suit filed by the plaintiff for cancellation of the registered sale deed and declaration had been dismissed and the defendant was held to be the true and absolute owner of the suit land in question. Despite the fact that the plaintiff had lost the title, still the Courts below granted relief of permanent injunction against the defendant, the absolute owner of the land in question.

It is to be noted that the Supreme Court is usually slow in interfering with the concurrent findings of the Courts below. However, in the case at hand, the Supreme Court reversed the findings of three Courts i.e. the Trial Court-decree, First Appellate Court, and the High Court.

Promotion cannot be granted retrospectively to give benefit and seniority from the date of notional vacancy

In a case where the actual vacancy in Junior Administrative Grade – I (JAG-I) accrued in 2011, however, the respondents sought retrospective promotion from the date of notional vacancy in 2009, the Supreme Court has held that promotion cannot be granted retrospectively and extended to give benefit and seniority from the date of notional vacancy.

Out of the two respondents before the Court, one had taken voluntary retirement in the year 2011 and the other one was appointed to Junior Administrative Grade -I service on an ad hoc basis only on 27.12.2011 after being placed in the select list against a notional vacancy in 2009.

The Court rejected the claim of both the respondents to hold that

  1. a voluntary retiree cannot seek promotion as a matter of right sans rules governing.
  2. a mere existence of vacancy per se will not create a right in favour of an employee for retrospective promotion when the vacancies in the promotional post is specifically prescribed under the rules, which also mandate the clearance through a selection process.

High Court Updates

Bombay High Court 

To operate in State of Maharashtra, Uber and other unlicensed aggregators to apply for license before 16th March 2022: Bom HC

As per Section 93(1) of the Motor Vehicles Act the transport aggregators are required to obtain license for their operation, but certain transport aggregators like UBER were plying in the State of Maharashtra without the same, hence the Bombay High court directed them to apply for the license by 16th March as per the provision concerned otherwise they shall not be able to operate in the State of Maharashtra.

 Delhi High Court 

Daughter-in-law thrown out of matrimonial home and accused of removal of letters from possession of matrimonial home: Whether Del HC will find her guilty under S. 380 IPC or not?  

A dispute arose out of matrimonial discord between two people which had also, led to the filing of more than 50 criminal and civil cases between not only the husband and the wife but also their family members. It was found that for the sole purpose of harassing the other party such cases were filed by persons with no just cause or reason and substantial ground for allegations.

In the said matter, High Court observed that the daughter-in-law was accused of theft from the in-laws premises, but the Court ruled that Section 380 IPC will not be attracted since the ingredients of the said Section were not proved as even if she had picked up letter from the premises the wife had no dishonest intention.

District Courts 

Saket Courts 

Wife, a banker, misusing her position to get details of in-laws’ bank accounts to show husband evading payment of maintenance: Is wife guilty of criminal breach of trust? Court analyses

Court expressed that,

Manner of bringing the information before Court of law may not be morally right but it cannot be said by this act of wife that, she caused or intended to cause any wrongful loss to or to cause wrongful gain to herself as merely by disclosing this information, no pecuniary benefit is stated to have been received by petitioner and if any maintenance or any other amount is granted by Court of law, that cannot be termed to be wrongful gain to the wife.

Court of Special Judge under the Protection of Children from Sexual Offences Act, 2012, Fort Greater Mumbai 

Every common woman travelling in public transport have experienced incidents of inappropriate touch by male gender, but ignored: Is this the reason why such assaults go unreported? Read detailed decision on one such incident 

Expressing that essence of a woman’s modesty is her womanhood, Court, remarked that incidents of unwelcome, inappropriate touch by the male accused in the journey are very common sexual assault experience by every common woman travelling in public transport, but ignored by each one of them, thinking that there is no likelihood of coming across, the same assailant after the journey.

Touching ‘bum’ of a minor girl will be sexual assault punished under S. 10 of POCSO Act? POCSO Court explains   

Expressing that, the sexual intention is the state of mind, may not necessarily to be proved by direct evidence, such intention is to be inferred from attending circumstances of the case, POCSO Court, held that touching bum of a girl cannot be said to be without sexual intention.

Bench also expressed that the “term private part is to be interpreted into the context what is meant by it in our society. Google might not be interpreting bums as private part as submitted by the Advocate for the accused, but it is not acceptable interpretation as far as we Indians are concerned.”

The accused committed the said act with full knowledge and intention to outrage her modesty and to assault her sexually.

Tis Hazari Courts 

Children less than 12 years of age are “asexual” and normally take time to recognize that disguised love, affection or warmth by perpetrator is sinful: Tis Hazari Courts, Delhi 

In a case wherein the Tis Hazari Courts found a 28-year-old man guilty of committing aggravated penetrative sexual on a minor aged 11 years old, Court observed that,

“The children often find it difficult to express themselves for variety of reasons, and when someone close to the family subjects them to sexual abuse, they are reluctant to discuss sexual abuses with their parents as they are unsure as to how their parents would react.

The children less than 12 years of age are “asexual” and they normally take time to recognize that the disguised love, affection or warmth by the perpetrator is wrongful or sinful, and on becoming aware of its implications, the next stage is that of putting up resistance and reporting the incident to the near and dear.” 

Updates from the Tribunal

Securities Appellate Tribunal (SAT) 

Can SEBI proceed against a Chartered Accountant for lack of his due diligence? SAT analyses

SAT while addressing a matter of whether a Chartered Accountant could be held guilty by SEBI for lack of due diligence, it was held that,

Lack of due diligence can only lead to professional negligence which would amount to a misconduct which could be taken up only by ICAI.

Legislation Updates

 Foreigners (Amendment) Order, 2022 

The Central Government has made the Foreigners (Amendment) Order, 2022 to amend the Foreigners Order, 1948. The amendment introduces requirement of holding a valid passport while living in India.

SEBI issues circular on automation of disclosure requirements under SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 

SEBI has issued a circular on Automation of disclosure requirements under SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 in order to streamline the capture and dissemination of the information related to “encumbrances” and thus bring in more transparency, in consultation with the stock exchanges and depositories. The provisions of this circular shall come into effect from July 01, 2022.

Fertiliser (Inorganic, Organic or Mixed) (Control) Amendment Order, 2022 

The Central Government made Fertiliser (Inorganic, Organic or Mixed) (Control) Amendment Order, 2022 Order to amend the Fertiliser (Inorganic, Organic or Mixed) (Control) Order,1985. The amendment provides the cases where the samples were drawn from the dealers out of original sound bags (without any mark of tempering) and are found non-standard, then in such circumstances both dealer and manufacturer shall be made party for filling the case in the concerned court

SEBI issues revision to operational circular for increasing limit for investment through UPI mechanism to Rs. 5 lakh 

On August 10, 2021, SEBI has issued an Operational Circular no. SEBI/HO/DDHS/P/CIR/2021/613 which provided an option to investors to apply in public issues of debt securities with the facility to block funds through Unified Payments Interface (UPI) mechanism for application value upto Rs. 2 lakh

SEBI has now made revisions to the Operational circular in order to bring about uniformity in the requirements and for ease of investment for investors and therefore, increased the limit for investment through UPI mechanism to Rs. 5 lakh.

Employees’ State Insurance (Central) Amendment Rules, 2022 

The Central Government, after consultation with the Employees’ State Insurance Corporation, notified Employees’ State Insurance (Central) Amendment Rules, 2022 to amend the Employees’ State Insurance (Central) Rules, 1950. The amendment eases conditions for women to claim sickness benefits. It provides that in case of an insured woman who is in receipt of maternity benefit and due to reason of which a shorter contribution period is available to her in the contribution period in which the maternity benefit falls, she shall be qualified to claim sickness benefit in the corresponding benefit period if the contribution in respect of her was payable for not less than half the number of days available for working in such contribution period.”.

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