monthly roundup

Case BriefsSupreme Court (Monthly Roundup)

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AYODHYA HEARING| 40-days hearing comes to an end; Verdict reserved

The Court had, though, initially set October 18 as the deadline for completion of all arguments in the protracted land title dispute. If speculations are to be believed, the Ayodhya verdict will be out by mid-nov.

“Can’t treat all of them as a liar”: SC while partially setting aside the 2018 SC/ST Act verdict

The 3-jduge bench of Arun Mishra, MR Shah and BR Gavai, JJ has held that some portions of the verdict in Dr Subhash Kashinath Mahajan v. State of Maharashtra, 2018 SCC OnLine SC 243 were against the concept of protective discrimination in favour of down­trodden classes under Article 15(4) of the Constitution and also impermissible within the parameters laid down by this Court for exercise of powers under Article 142 of Constitution of India.

In a big blow to the Telecom Sector, SC refuses to change AGR definition

The definition of revenue has been taken in a broad, comprehensive, and inclusive manner to pose fewer problems of interpretation, and exclusion of certain items was avoided.

Land Acquisition Hearing| Why Justice Arun Mishra said his recusal would be a grave blunder

Recusal is not to be forced by any litigant to choose a Bench. It is for the Judge to decide to recuse. if he recuses, it will be a dereliction of duty, injustice to the system, and to other Judges who are or to adorn the Bench/es in the future.

INX MEDIA CASE|SC grants bail to P. Chidambaram

Being the Member of Parliament and a Senior Member of the Bar has strong roots in society and his passport having been surrendered and “look out notice” issued against him, there is no likelihood of his fleeing away from the country or his abscondence from the trial.

SC sets aside Delhi High Court stay on proceedings against Gautam Khaitan under Black Money Act

Setting aside the Delhi High Court order any staying any action against Gautam Khaitan in a case relating to the  Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, the 3-judge bench of Arun Mishra, MR Shah and BR Gavai, JJ said that the interim order passed by the High Court is not sustainable in law.

Poll Affidavit Case| SC quashes clean chit; Maharashtra CM Devendra Fadnavis to face trial

A contesting candidate is mandated to furnish information concerning the cases in which a Competent Court has taken cognizance along with the cases in which charges have been framed.

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Aarey Forest Politics| Forest Bench to hear the matter on Oct 21; status quo to be maintained

The Special Bench was constituted to hear the plea against the cutting of trees in Mumbai’s Aarey colony for the city’s metro rail project after a group of law students wrote to Chief Justice Ranjan Gogoi seeking Supreme Court’s intervention in the matter and the cutting of trees to be suspended immediately.

Women who missed 2018 Bihar Police PET due to pregnancy should be considered for appointment

It was brought to the Court’s notice that the total number of ladies who claimed extension of PET on the basis of pregnancy or injuries is stated to be 78 in all, out of which 73 are on account of pregnancy.

Online RTI Portal| SC seeks Centre’s response on Pravasi Legal Cell’s plea

The Court has asked the Centre and State Governments to file reply on a plea seeking direction to establish Right to Information(RTI)  web portals in all states to enable citizens, especially those living abroad, to file RTI  applications online.

Bhima Koregaon case| SC extends Gautam Navlakha’s interim bail

The two-judge bench headed by Justice Arun Mishra allowed him to approach trial court for pre-arrest bail. Navlakha has to apply for pre-arrest bail in the meantime.

State Legislature cannot enact a law providing a direct appeal to the Supreme Court

State cannot enact a legislation providing an appeal directly to the Supreme Court. That would amount to entrenching upon the jurisdiction of the Union, which the State Legislature does not have.

Geomapping is the answer to the increasing menace of illegal construction

Geomapping can be done by satellite, drones or vehicles. Once one has the whole city geomapped it would be easy to control illegal constructions.

SC quashes trial against a man in a sexual assault case of a 6-year-old

The involvement of other persons on the statement of the child of impressionable age does not inspire confidence that the appellant is liable to be proceeded under Section 319 of the Code. In fact, it is suggestive role of the family which influences the mind of the child to indirectly implicate the appellant.

Mere change of address in IT return is not enough; Assessing Officer must be specifically intimated

In absence of any specific intimation to the Assessing Officer with respect to change in address and/or change in the name of the assessee, the Assessing Officer would be justified in sending the notice at the available address mentioned in the PAN database of the assessee, more particularly when the return has been filed under E­Module scheme.

SC transfers Assam NRC coordinator Prateek Hajela to MP on deputation

The Court has ordered the transfer of Assam NRC coordinator, Prateek Hajela, to Madhya Pradesh on deputation. The bench headed by Chief Justice of India (CJI) Ranjan Gogoi, however, did not specify the reason, behind transferring Hajela to Madhya Pradesh.

IN OTHER NEWS

President signs a warrant appointing Justice Sharad Arvind Bobde to be the 47th Chief Justice of India

Case BriefsSupreme Court (Monthly Roundup)

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Can’t grant extension of time for counselling merely because graduate doctors don’t want to do PG in non­clinical subjects: SC

If we permit violation of schedule and grant extension, we shall be opening a Pandora’s box and the whole purpose of fixing a time schedule and laying down a regime which strictly adheres to time schedule will be defeated.

SC grants bail to journalist Prashant Kanojia arrested for making objectionable comments against UP CM

The Court directed that Prashant Kanojia be immediately released on bail on conditions to the satisfaction of the jurisdictional Chief Judicial Magistrate. It, however made clear that it had passed the order in view of the excessiveness of the action taken and that the Order is not to be construed as an approval of the posts/tweets in the social media.”

Maharashtra Govt files caveat in SC anticipating challenge to Bombay HC’s Maratha Quota verdict

The High Court, while upholding the constitutional validity of Maratha quota, has directed that it be slashed from the present 16% to 12% and 13%, respectively. The court said the 50% cap on total reservations imposed by the Supreme Court could be exceeded in exceptional circumstances.

As encephalitis death toll continues to mount in Bihar, SC agrees to hear the matter

The plea has sought a direction to the Centre for providing all necessary medical equipment and other supports for the effective treatment of the children suffering from the epidemic disease.

Case BriefsSupreme Court (Monthly Roundup)

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Sexual Harassment allegations against CJI: Justice AK Patnaik to look into ‘conspiracy’ angle

A special 3-judge bench of Arun Mishra, Rohinton Nariman and Deepak Gupta, JJ has appointed former Supreme Court judge, Justice A. K. Patnaik, to hold an inquiry into the allegations made in the affidavits.to probe an advocate’s claim that there was a “conspiracy” to frame Chief Justice Ranjan Gogoi in a sexual harassment case.

Rafale deal: Centre’s preliminary objections regarding admissibility of the leaked documents dismissed

No law enacted by Parliament specifically barring or prohibiting the publication  of such documents on any of the grounds mentioned in Article 19(2) of the Constitution has been brought to Court’s notice. Hence, the right to such publication is well within the constitutional guarantee of freedom of speech.

SC asks all parties to submit details of political funding received through electoral bonds

The 3-judge bench of Ranjan Gogoi, CJ and Deepak Gupta and Sanjiv Khanna, JJ has directed all the political parties who have received donations through Electoral Bonds to submit,

  • detailed particulars of the donors as against each Bond;
  • the amount of each such bond and the full particulars of the credit received against each bond, namely, the particulars of the bank account to which the amount has been credited and the date of each such credit.

Post-conviction mental health & it’s effect on sentencing: SC issues directions

It needs to be understood that prisoners tend to have increased affinity to mental illness. Moreover, due to legal constraints on the recognition of broad­spectrum mental illness within the Criminal Justice System, prisons inevitably become home for a greater number of mentally­ill prisoners of various degrees. There is no overlooking of the fact that the realities within the prison walls may well compound and complicate these problems.

Woman driven out of matrimonial home can file case under Section 498-A from the place she has taken shelter at

The courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under Section 498A of the Penal Code.

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Payment of Gratuity Act applies to employees of the local bodies

Liberal payment of gratuity is in the interest of the employees, thus, the gratuity would be payable under the Payment of Gratuity Act.

SC declares February 2018 RBI Circular ultra vires’

All actions taken under the said circular, including actions by which the Insolvency Code has been triggered must fall along with the said circular.

No bail for businessman Zahoor Watali accused in a terror funding case

The accusation against Watali was of being a part of a larger conspiracy to   systematically upturn the establishment to cause secession of J & K from the Union of India.

Age of the case can’t displace the necessity of taking material evidence on record

The age of a case, by itself, cannot be decisive of the matter when a prayer is made for examination of a material witness.

Widow can’t claim ownership over a mutated property under Section 14 of Hindu Succession Act

The mutation of a property in the revenue records are fiscal proceedings and does not create or extinguish title nor has it any presumptive value on title. It only enables the person in whose favour mutation has been ordered, to pay the land revenue.

Section 44(1)(e) of the Maharashtra Municipal Council Act creates independent liability for unauthorised construction de hors criminal action

Section 44(1)(e) creates an independent liability or rather creates disqualification as provided thereunder. This is de hors the criminal action. There is nothing brought to our notice to conclude that action under Section 44(1)(e) must be preceded by a criminal action and conviction thereunder.

Rule 8(2)(i) of the Rajasthan Prisons (Shortening of Sentences) Rules, 2006 constitutional

Manifestly remission not being a matter of right, much less upon completion of 14 years of custody, but subject to rules framed in that regard, including complete denial of the same in specified circumstances, as a matter of State policy, nothing prevents the State from imposing restrictions  in the manner done by Rule 8(2)(i) to consider claims for remission.

Minimum Wages Act does not empower Govt to alter the terms of contract; June 2007 Notification partly quashed

There is no power vested in the Government by the Act to make alterations to the terms of a contract. The Act only confers jurisdiction in Government to fix/revise the minimum rate of wages notwithstanding the contract.

Bhobishyoter Bhoot row: West Bengal Govt to pay Rs. 20 lakhs to the Producers for attempting to silence speech

The police are not in a free society the self-appointed guardians of public morality. The uniformed authority of their force is subject to the rule of law. They cannot arrogate to themselves the authority to be willing allies in the suppression of dissent and obstruction of speech and expression.

Practice of summoning public officers not proper as public suffers due to their absence

The practice of summoning officers to court is not proper and does not serve the purpose of administration of justice in view of the separation of powers of the Executive and the Judiciary. If an order is not legal, the Courts have ample jurisdiction to set aside such order and to issue such directions as may be warranted in the facts of the case.

Court can’t directly appoint arbitrator if parties have not exhausted remedies under Arbitration Agreement

To fulfil the object with terms and conditions which are cumulative in nature, it is advisable for the Court to ensure that the remedy provided as agreed between the parties in terms of the contract is first exhausted.

Employee is entitled to full back wages if charges against him are found to be malicious

If an employee is involved in embezzlement of funds or is found indulging in demand and acceptance of illegal gratification, the employer cannot be mulcted with full back wages on the acquittal of the person by a criminal Court, unless it is found that the prosecution is malicious.

IN OTHER NEWS

SC Collegium | Elevation of Judges in the Supreme Court

Collegium Resolutions | Addl. Judges of Gauhati, Jharkhand and Chhattisgarh HC to be appointed as Permanent

Case BriefsSupreme Court (Monthly Roundup)

TOP STORIES

Ayodhya Dispute to be settled by a ‘confidential’ Court monitored mediation; No Gag order passed

A 5-judge bench referred the Ram Janmabhoomi-Babri Masjid land dispute case, famously known as the Ayodhya Dispute, to a Court-monitored Mediation Panel of Justice Fakkir Mohamed Ibrahim Kalifulla, Former Judge, Supreme Court of India (Chairman), Sri Sri Ravi Shankar and Shri Sriram Panchu, Senior Advocate (Members).

Clauses stipulating ‘deposit-at-call’ before invoking arbitration defeats the purpose of ADR process

Deterring a party to an arbitration from invoking this alternative dispute resolution process by a pre-deposit of 10% would discourage arbitration, contrary to the object of de-clogging the Court system, and would render the arbitral process ineffective and expensive.

IPL spot-fixing: SC sets aside life ban imposed on Sreesanth by BCCI

The disciplinary committee is not obliged to award a life time ban in all cases where such offences are proved. When range of ineligibility which is minimum five years, maximum life time ban is provided for, the discretion to which, either minimum or maximum or in between has to be exercised on relevant facts and circumstances.

Saravana Bhavan owner P Rajagopal guilty of murdering his employee in 2001

The Court upheld the conviction and sentence of life imposed upon Saravana Bhavan Owner P Rajagopal by the Madras High Court for the abduction and murder of his employee Santhakumar.

Mathews Nedumpara barred from practicing in SC for one year

The Court noticed that it was not the first time that Mathews Nedumpara has attempted to browbeat and insult Judges of the Court. In point of fact, the style of this particular advocate is to go on arguing, quoting Latin maxims, and when he finds that the Court is not with him, starts becoming abusive.

No stipulation of period of completion of Serious Fraud Investigations under Companies Act

Section 212 of the Companies Act, 2013 does not prescribe any period within which a report has to be submitted by Serious Fraud Investigation Office (SFIO) to the Central Government.

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Integrated Nodal Agency for all Tribunals: 5-judge SC bench seeks Centre’s view

A 5-judge bench sought to know from the Centre within two weeks its view on bringing all the quasi-judicial bodies under one central umbrella body. The Court said it would not like to be bogged down with what is right or wrong and all it wants is that “the tribunals work efficiently and independently”.

SC asks Centre to set up Motor Accidents Mediation Authority if feasible

The Government may examine the feasibility of setting up Motor Accidents Mediation Authority by making necessary amendments in the Motor Vehicles Act. The Court also asked the Government to consider the feasibility of enacting Indian Mediation Act to take care of various aspects of mediation in general.

SC ‘fixes’ it’s January 7 verdict; Teachers can now claim gratuity under Payment of Gratuity Act

The law laid down by this Court in the case of Ahmadabad Pvt. Primary Teachers Association was no longer applicable against the teachers, as if not rendered, and the teachers were held entitled to claim the amount of gratuity under the Payment of Gratuity Act from their employer with effect from 03.04.1997.

UPSC can recommend Officers having atleast 6 months tenure left for post of Director General of Police

The recommendation for appointment to the post of Director General of Police by the Union Public Service Commission and preparation of panel should be purely on the basis of merit from officers who have a minimum residual tenure of six months i.e. officers who have at least six months of service prior to the retirement.

Motilal Pesticides overruled as it missed the difference in the terms ‘Income’ and ‘Gross Total Income’

Reading of Section 80HH along with Section 80A would clearly signify that such a deduction has to be of gross profits and gains, i.e., before computing the income as specified in Sections 30 to 43D of  the Income Tax Act, 1961. The scheme itself draws distinction between the concept ‘income’ on the one hand and ‘profits and gains’ on the other hand.

There cannot be a uniform qualification/disqualification for the Board of Directors under the Banking Companies Act

The Board of Directors consists of persons coming from different fields. There cannot, therefore, be a uniform qualification or/and disqualification for such persons. Indeed, the qualifications and disqualifications are bound to vary from category to category and would depend on the post, experience and the stream from where a person is being nominated as a Director.

Can High Court quash proceedings for offences under Section 307 IPC? Here’s what SC said

Offences under Section 307 IPC and the Arms Act etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under Section 307 IPC and/or the Arms Act etc. which have a serious impact on the society cannot be quashed in exercise of powers under Section 482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves.

SC acquits 6 falsely implicated death row convicts in a 16 year old crime; orders reinvestigation

The accused were falsely implicated in the matter as they were all nomadic tribes coming from the lower strata of the society and are very poor labourers. The benefit of the lapse in investigation and/or unfair investigation cannot be permitted to go to the persons who are real culprits and in fact who committed the offence.

SC elaborates on the scheme of determining additional purchase price under Clause 5A under Sugarcane Control Order, 1966

The entire amount of difference between the Statutory Minimum Price (SMP) and State Advisory Price (SAP) per se cannot be said to be an appropriation of profit. to the extent of the component of profit which will be a part of the final determination of the SAP and/or the final price/additional purchase price fixed under Clause 5A of the Sugarcane Control Order, 1966 would certainly be and/or said to be an appropriation of profit.

SC awards Rs. 10 Lakh compensation in a medical negligence case to ‘send message’ to medical practitioners

In a case of medical negligence where a minor surgery resulted in amputating a woman’s arm, the Court awarded Rs. 10 Lakhs towards compensation, over and above the amount awarded by the Himachal Pradesh State Consumer Disputes Redressal Commission and the National Consumer Disputes Redressal Commission.

Revisionary Court shouldn’t act like an Appellate Court

While considering the case of discharge sought immediately after the charge­sheet is filed, the Court cannot become an Appellate Court and start appreciating the evidence by finding out inconsistency in the statements of the witnesses.

SC commutes death sentence of a man who raped and killed a 5-year-old to 25 years’ imprisonment

Life imprisonment is the rule to which the death penalty is the exception. The death sentence must be imposed only when life imprisonment appears to be an altogether inappropriate punishment, having regard to the relevant facts and circumstances of the crime.

SC yet again reminds the High Courts of the limitations under Section 100 CPC

Despite the catena of decisions of this Court and even the mandate under Section 100 of the CPC, the High Courts under Section 100 CPC are disturbing the concurrent findings of facts and/or even the findings recorded by the First Appellate Court, either without formulating the substantial question of law or on framing erroneous substantial question of law.

Can’t summon additional accused under Section 319 CrPC in the absence of strong and cogent evidence

Mere disclosing the names of the appellants cannot be said to be strong and cogent evidence to make them to stand trial for the offence under Section 319 of the Code.

Environmental Clearance for development of Airport at Mopa, Goa to be revisited

The EAC has not applied its mind at all to the environmental concerns raised in relation to the project nor do its reasons indicate an appraisal of those concerns by evaluating the impact of the project. Hence, the appraisal by the EAC in the present case neither the process of decision making nor the decision itself can pass legal muster.

Death due to malaria occasioned by a mosquito bite in a malaria prone area is not an accident

To be bitten by a mosquito and be imbued with a malarial parasite does involve an element of chance. But the disease which is caused as a result of the insect bite in the natural course of events cannot be regarded as an accident. Particularly, when the disease is caused in an area which is malaria prone.

SC acquits man in an 18-year-old rape case

Noticing that there was no evidence adduced by the prosecution to prove the commission of the offence of rape by the appellant on the prosecutrix and the evidence adduced was not sufficient to prove the case of rape against the appellant, Court set the accused free.

SC explains meaning of “total turnover” under the Karnataka Sales Tax Act

The expression “total turnover” and “turnover” which has been used under Section 6­B has the same meaning as defined under Section 2(1)(u­2) and 2(v) of the Act. Under Section 6­B, reference is made on ‘total turnover’ and not the ‘turnover’ as defined under Section 2(v) of the KST Act and taking note of the exemption provided under first proviso clause(iii), exclusion has been made in reference to use of sale or purchase of goods in the course of inter­state trade or commerce.

IN OTHER NEWS

Case BriefsSupreme Court (Monthly Roundup)

 

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 SC orders forced eviction of more than 1,000,000 tribals from from forestlands across 16 states

The Court has directed the Chief Secretaries of all the 16 States to ensure that where the rejection orders have been passed, eviction will be carried out on or before the next date of hearing. In case the eviction is not carried out, as aforesaid, the matter would be viewed seriously by this Court.

Delhi vs Centre: Powers demarcated; Split verdict on power to transfer and appoint officers

The Court put an end to ‘almost’ all the issues related to the powers exercisable by and functions of the elected Government of National Capital Territory of Delhi (GNCTD) vis-a-vis the Central Government. The 2-judge bench, however, differed on the issue of power to transfer and appoint certain officers.

Anil Ambani and others guilty of contempt of court for willfully not paying dues to Ericsson

The contemnors will have to purge the contempt by paying Rs 453 crore to Ericsson in four weeks and if they fail to make the payments within the specified period, the Chairmen who have given undertakings will undergo a jail term of three months.

 

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CAT Chairman cannot stay the proceedings pending before a larger bench of High Court

The Chairman may constitute Benches, shift members from one Bench to another, constitute Single Benches, Division Benches and even larger Benches, allocate business to the Benches and even transfer cases from one Bench to the other, but having done so he cannot interfere with the functioning of the Benches or tinker with its orders by passing interim orders in a transfer petition.

Is it permissible to draw inference of guilt of illegal gratification in case of death of complainant? Larger bench to decide

A 2-judge bench had some reservation in respect of the observation and findings recorded by a 3-judge bench in P. Satyanarayana Murthy v. District Inspector of Police, State of Andhra Pradesh (2015) 10 SCC 152 wherein it was held that failure of the prosecution to prove the demand for illegal gratification due to the death of complainant would be fatal to the prosecution case and recovery of the amount from the accused would not entail his conviction. The matter will now be decided by a larger bench.

How to know if a temple/mandir is Public or Private? SC enunciates

Participation of the members of the public in the Darshan, entry in Directory containing names of all public temples and no blood-relationship between the successive pujaris, are important factors for determining the public/private status of a temple.

Only the leave for salary is payable would be taken into account for determining the pensionable service

The period of leave for which salary is payable would be taken into account for determining the pensionable service, while the period for which leave salary is not payable would be excluded. The Rule is crystal clear and does not brook any two interpretations.

Should Ayodhya dispute be decided by mediation? SC to decide on March 6

The 5-judge bench of Ranjan Gogoi, CJ and SA Bobde, Dr. DY Chandrachud, Ashok Bhushan and SA Nazeer, JJ said that it will pass order on March 6, 2019 on whether the case may be sent for court-monitored mediation to utilise the time given to the parties to satisfy themselves with regard to the accuracy, correctness, relevance, etc. of the translation filed in the Registry by the State of Uttar Pradesh.

SC commutes the death sentence of man who killed his wife and 5 children to LI

The Court commuted the death sentence of a man who was convicted for killing his wife and 5 children due to the the un­explained delay of 4 years in forwarding the mercy petition by the State of Madhya Pradesh leading to delay of almost 5 years in deciding the mercy petition.

Section 6 of the Public Premises Act must be read independent of Sections 59/61 of the Major Port Trusts Act

Section 6 of the PP Act applies, inter alia, to the persons who keep their goods in the public premises whether they are tenants/licensees, sub­tenants or any other parties. The Estate Officer, under Section 6 of the PP Act, is entitled to sell the goods even of a stranger, found in/on the premises under unauthorized occupation.

Courts can’t assume fabrication of dying declaration by IO in absence of proof

The courts cannot expect a victim to state in exact words as to what happened during the course of the crime, inasmuch as it would be very difficult   for   such   a   victim, who has suffered multiple grievous injuries, to state all the details of the incident meticulously and that too in a parrot­like manner.

No interference required in M Nageshwar Rao’s appointment as interim CBI Director

The Court disposed of a plea challenging the appointment of M. Nageshwar Rao as the interim CBI Director and said no further interference is required as the relief has already been granted with the appointment of a full time CBI Director.

SC sets aside NGT order to reopen Vedanta’s Tuticorin Sterlite plant; No order on reopening of the plant

The Court held that since an appeal was pending before the appellate authority when the NGT set aside the original order dated 09.04.2018, the NGT’s order being clearly outside its statutory powers conferred by the Water Act, the Air Act, and the NGT Act, would be an order passed without jurisdiction.

Principle of confidentiality in mediation does not apply to matters of child custody

Complete adherence to confidentiality would absolutely be correct in normal matters where the role of the court is purely of an adjudicator. But such an approach may not essentially be conducive when the court is called upon and expected to discharge its role in the capacity as parens patriae and is concerned with the welfare of a child.

Why are Chief Information Commissioner/Information Commissioner always appointed from Public Service only? Consider other streams too: SC to Centre

The Court gave extensive directions in a PIL seeking direction to the Central Government to fill up the vacancies for the appointment of Commissioners in the Central Information Commission (CIC) and the State Government in respect of State Information Commissions (SICs), in a timely manner in accordance with the Right to Information Act, 2005.

Bhima-Koregaon Case: Bomaby HC order refusing more time to file charge-sheet set aside

The Court has set aside the Bombay High Court decision refusing the Maharashtra Police a ninety-day extension to file the charge-sheet under the Unlawful Activities Prevention Act, 1967 against the human rights activists in Bhima Koregaon violence case.

Haryana’s single L-1BF license rule for imported foreign liquor struck down in a 2:1 majority verdict

Rule 24(i-eeee) of the Haryana Liquor License Rules 1970 that provides for a single L-1BF license for the entire State to deal in imported foreign liquor, bottled outside India and imported into the country in a bottled, was struck down by a 2:1 majority verdict by a 3-judge bench.

Applicability of ‘Mohan Lal’ verdict ordering acquittal in case of informant and IO being the same person, revisited

The Court clarified that  all pending criminal prosecutions, trials and appeals prior to the law laid down in Mohan Lal vs. State of Punjab, (2018) SCC Online SC 974 shall continue to be governed by the individual facts of the case, as the said judgment cannot be allowed to become a spring board by an accused   for   being   catapulted   to   acquittal,   irrespective   of   all   other considerations pursuant to an investigation and prosecution when the law in that regard was nebulous.

Question as to property being a Wakf property or not is to be decided by Wakf Tribunal irrespective of the religious status of parties

When issue in the suit is as to whether suit property is Wakf property or not it is covered by specific provision of Sections 6 and 7 of the Wakf Act, 1995, hence, it is required to be decided by the Tribunal under Section 83 and bar under Section 85 shall come into existence with regard to jurisdiction of Civil Court.

HC cannot sit as an appellate court while hearing revision under S. 397 CrPC

When the prosecution relies upon the materials, strict standard of proof is not to be applied at the stage of issuance of summons nor to examine the probable defence which the accused may take. All that the court is required to do is to satisfy itself as to whether there are sufficient grounds for proceeding.

CAPFs being in Organized Group “A” Services entitled to Non-Functional Financial Upgradation

In a huge relief to CAPFs, the Court upheld the Delhi High Court verdict which had directed the Central Government to grant Non-Functional Financial Upgradation (NFFU) to CAPFs who are a part of Organized Group “A” Services.

Direction to implement ‘short-term measures’ for funding for infrastructure of subordinate judiciary issued

The 3-judge bench of Ranjan Gogoi, CJ and L. Nageswara Rao and Sanjiv Khanna, JJ has directed the short-term measures as suggested by the amicus curiae regarding funding for infrastructure of subordinate judiciary by the Central Government and the State Governments be implemented, while the Central Government responds to the suggestion on long-term measures till next date of hearing.

IN OTHER NEWS

·        Collegium reiterates its recommendation for transfer of Justice T.B. Radhakrishnan, Chief Justice of Telangana HC

·        Collegium reiterates recommendation for transfer of Justice Munishwar Nath Bhandari to Allahabad HC

·        Collegium reiterates recommendation for transfer of Justice S. Venkatanarayana Bhatti to Kerala HC

·        Collegium reiterates recommendation for transfer of Justice M.V. Muralidaran to Manipur HC

 

Case BriefsSupreme Court (Monthly Roundup)

TOP STORIES

Insolvency and Bankruptcy Code upheld in entirety

The provisions contained in the Insolvency and Bankruptcy Code, 2016 pass the constitutional muster. The Code is a beneficial legislation which puts the corporate debtor back on its feet, not being a mere recovery legislation for creditors.

Maharashtra Dance Bars Law partially upheld

The bench of Dr. AK Sikri and Ashok Bhushan held that the State must have an “open mind” in matters relating to staging dance performances in dance bars. State cannot take exception to staging dance performances per se. It appears from the history of legislative amendments made from time to time that the respondents have somehow developed the notion that such performances in the dance bars do not have moralistic basis.

CBI Director Alok Verma reinstated with riders

3-judge bench of Ranjan Gogoi, CJ and SK Kaul and KM Joseph, JJ ordered reinstatement of Alok Verma but directed that his role as the Director, CBI during the interregnum and in terms of this order will be confined only to the exercise of the ongoing routine functions without any fresh initiative, having no major policy or institutional implications.

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Retrenched worker can’t claim preference over regularised employee for re-employment under Section 25(H) of ID Act

By regularisation, the employers do not offer any fresh employment to any person to fill any vacancy in their set up but they simply regularize the services of an employee already in service.  Such act does not amount to filling any vacancy. Hence, the regularization of an employee already in service does not give any right to retrenched employee so as to enable him to invoke Section 25(H) of the ID Act for claiming reemployment in the services.

Amendment to S. 80DD of IT Act suggested to give benefit to disabled persons even during the lifetime of guardian

The benefit of the insurance to the handicapped persons to get annuity or lumpsum amount during the lifetime of the parent/guardian of such a handicapped person, whereas the beneficiaries of other life insurance policy are getting annuity during the lifetime of the person who has taken insurance policy. This violates the fundamental right of equality of the handicapped person enshrined in Article 14 of the Constitution

Criminal proceeding under S. 307 IPC can’t be quashed on the basis of complainant and accused’s settlement

Despite any settlement between the Complainant on the one hand and the accused on the other, the criminal proceedings for the offences under Section 307 of the IPC cannot be quashed, as the offence   under   Section   307   is   a   non­compoundable   offence.

Contempt jurisdiction cannot be invoked on the basis of impressions

The contempt would be made out when there is wilful disobedience to the orders of this Court and not when the order of the Court does not contain any direction.

Reliance’ s plea challenging MERC Tariff Regulation ‘affecting’ one of it’s thermal plants dismissed

MERC is an expert body which is entrusted with the duty and function to frame regulations, including the terms and conditions for the determination of tariff. It is no part of the function of the Court to substitute its own determination for a determination which was made by an expert body after due consideration of material circumstances.

Original specifications made by the manufacturer of the vehicle can’t be altered

The Bench of Arun Mishra and Vineet Saran, JJ held that no vehicle can be altered so as to change original specification made by manufacturer. Such particulars cannot be altered which have been specified by the manufacturer for the purpose of entry in the certificate of registration.

Child born out of an irregular marriage is legitimate and entitled to inherit his father’s property

The legal effect of a fasid marriage is that in case of consummation, though the wife is entitled to get dower, she is not entitled to inherit the properties of the husband.  But the child born in that marriage is legitimate just like in the case of a valid marriage, and is entitled to inherit the property of the father.

40-50% disability limit for the post of Civil Judge is logical considering the nature of the job

A judicial officer in a State has to possess reasonable limit of the faculties of hearing, sight and speech in order to hear cases and write judgments and, therefore, stipulating a limit of 50% disability in hearing impairment or visual impairment as a condition to be eligible for the post is a legitimate restriction i.e. fair, logical and reasonable.

NDMC Bye-laws introducing ‘Unit Area Method’ for determining ‘rateable value’, violative of the NDMC Act

The Impugned Bye-laws that provide UAM, which is based on the annual value of the property, are foreign to the methodology provided in Section 63 of the NDMC Act. Such Bye-laws are, thus, ultra vires the provisions of NDMC Act.

Appellant Courts should be careful while rejecting application for filing ‘crucial’ additional evidence

When Statute grants right to appeal to an accused, he has right to take all steps and take benefit of all powers of the Appellate Court in the ends of the justice.

Settled possession of a property means effective and undisturbed possession

A person who asserts possessory title over a particular property will have to show that he is under settled or established possession of the said property. But merely stray or intermittent acts of trespass do not give such a right against the true owner

Secured creditor can file winding up petition even after obtaining a recovery certificate from DRT

When secured creditors are driven from pillar to post to recover what is legitimately due to them, in attempting to avail of more than one remedy at the same time, they do not “blow hot and cold”, but they blow hot and hotter.
Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 doesn’t prohibit ADM from passing orders

In the Statutory Scheme of the Adhiniyam, 1990, there is no provision, which prohibit passing an order by an officer lower than the rank of District Magistrate.

Appeal against order passed under Section 51 of FERA lies before Appellate Tribunal only

The order passed by the Adjudicating Officer under Section 51 of Foreign Exchange Regulation Act, 1973 whether filed prior to 01.06.2000 or filed after 01.06.2000 must be the same, i.e., Appellate Tribunal under Foreign Exchange Management Act, 1999

Legitimate expectation is not a wish or desire that can be demanded as a right

Resolution of the Board of an Institute to implement a retirement benefit scheme from its own resources will not bind the State Government to pay the amount of pension to the employees of the Institute.

Erstwhile Directors of corporate debtor must be given the resolution plans for attending CoC meetings

Members of the erstwhile Board of Directors, being vitally interested in resolution plans that may be discussed at meetings of the committee of creditors, must be given a copy of such plans as part of “documents” that have to be furnished along with the notice of such meetings.

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