2022 SCC Vol. 7 Part 5

Arbitration and Conciliation Act, 1996 — S. 17 — Interim measures — Termination of lease: Interim direction by arbitrator to lessee to deposit rental amount for period of : (a) complete closure, and (b) partial closure of the premises run as a restaurant and bar, during COVID-19 Lockdown, by applying force majeure principle contained in agreement. Arbitrator however not even expressing prima facie opinion on applicability of force majeure principle contained in agreement, which was not proper. [Evergreen Land Mark (P) Ltd. v. John Tinson & Co. (P) Ltd., (2022) 7 SCC 757]

Arbitration and Conciliation Act, 1996 — Ss. 11 and 8: Non-consideration of allegation of insufficient stamping of agreement comprising arbitration clause as a ground to refuse appointment of arbitrator i.e. a deadwood issue, explained. Exception against the norm of non-adjudication of issue of arbitrability of dispute at the stage of Ss. 8 and 11 i.e. the exception of a clear case of deadwood, when applicable, explained. Non-payment and insufficiency of stamp duty cases, distinguished. [Intercontinental Hotels Group (India) (P) Ltd. v. Waterline Hotels (P) Ltd., (2022) 7 SCC 662]

Arbitration and Conciliation Act, 1996 — Ss. 34, 32 and 33: Award rendered by deceased arbitrator, whether incomplete, warranting appointment of fresh arbitrator, determined. Plea for fresh appointment of arbitrator vis-à-vis issues contended to have not been adjudicated by deceased arbitrator, if tenable. [India Power Corpn. Ltd. v. Eastern Coalfields Ltd., (2022) 7 SCC 768]

Civil Procedure Code, 1908 — Or. 14 R. 2 — Preliminary issues — What are — Issues when may be framed and tried as preliminary issues: Preliminary issues can be those where no evidence is required. Thus, for instance, on basis of reading of plaint or applicable law, if jurisdiction of court or bar to suit is made out, court may decide such issues with sole objective for expeditious decision. Or. 14 R. 2 has a salutary object in mind that mandates court to pronounce judgments on all issues subject to provisions of Or. 14 R. 2(2). However, in case where issues of both law and fact arise in the same suit and court is of the opinion that case or any part thereof may be disposed of on an issue of law only, it may try those issue(s) first, if they relate to jurisdiction of court or a bar to suit created by any law for time being in force. It is only in those circumstances that findings on other issues can be deferred. [Sathyanath v. Sarojamani, (2022) 7 SCC 644]

Civil Procedure Code, 1908 — S. 96 — First appeal — Scope: Duty of first appellate court, principles summarized. [Ramnath Exports (P) Ltd. v. Vinita Mehta, (2022) 7 SCC 678]

Consumer Protection — Services — Medical practitioners/services/Medical negligence — Negligence in performing services: Relevance of Report of Ethics Committee of Medical Council of India, in proving negligence/deficiency of service, explained. [Harnek Singh v. Gurmit Singh, (2022) 7 SCC 685]

Land Acquisition Act, 1894 — Ss. 23 and 4 — Compensation: Sale instances which were in respect of individual plots of land being much smaller in comparison to land acquired, whether may be relied on, principles summarized. [Union of India v. Premlata, (2022) 7 SCC 745]

Legal Services Authorities Act, 1987 — Ss. 22-C and 22-D: Conciliation proceedings under S. 22-C is mandatory when Permanent Lok Adalat decides a dispute on its merits. Even if opposite party does not appear, Permanent Lok Adalat is still bound to follow step-by-step procedure laid down by S. 22-C. Jurisdiction and adjudicatory functions of Permanent Lok Adalat, explained in detail. [Canara Bank v. G.S. Jayarama, (2022) 7 SCC 776]

Motor Vehicles Act, 1988 — S. 166 — Permanent disability — Compensation — Determination: In this case, victim aged about 5 yrs, rendered paraplegic due to the accident, having suffered several injuries. He was not able to move both his legs and had complete sensory loss in legs, urinary incontinence and bowel constipation and bed sores. Loss of future earnings/future prospects, attendant requirement, assistant device, taxi/conveyance expenses, medical expenses, loss of marriage prospects, pain, suffering and loss of amenities considered while determining compensation. Compensation under separate head “food and nourishment or towards loss of childhood”, not granted. [Ayush v. Reliance General Insurance Co. Ltd., (2022) 7 SCC 738]

Penal Code, 1860 — S. 120-B — Criminal conspiracy: Ingredients and standard of proof for conviction under S. 120-B, principles summarized. [Desh Deepak Kumar Vihangam v. State of Bihar, (2022) 7 SCC 721]

Penal Code, 1860 — Ss. 302/120-B and 342/120-B: Conspiracy and membership of appellant in conspiracy to rob and murder shop-owner rich in cash and gold from money-lending business, instigated by his employee along with other co-accused, including appellant, whether proved, determined. [Harpal Singh v. State of Punjab, (2022) 7 SCC 697]

Real Estate (Regulation and Development) Act, 2016 — S. 18 — Remedies available to allottee under: Principles as clarified in Imperia Structures, (2020) 10 SCC 783, affirmed and applied. [Imperia Structure Ltd. v. Harit Pant, (2022) 7 SCC 703]

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — S. 24(2) — Lapse of acquisition under — Requirements of: Effect of interim order(s) of court, clarified. Time during which interim order(s) of court operated, held, must be excluded while determining whether acquisition proceedings lapsed under S. 24(2) of the 2013 Act. [Agricultural Produce Marketing Committee v. State of Karnataka, (2022) 7 SCC 796]

Service Law — Departmental Enquiry — Enquiry procedure — Examination of witnesses: In this case, three vital witnesses were not examined, despite opportunity being granted by appellate authority by passing order of remand. Hence, held, no interference with impugned judgment affirming order of Single Judge setting aside penalty imposed on ground that charges against respondent delinquent were not proved and directing payment of entire arrears of salary with consequential benefits within stipulated time, from date of removal till date of reinstatement called for. [Union of India v. Suresh Kumar Singh, (2022) 7 SCC 675]

Service Law — Retirement/Superannuation — Retiral benefits: For benefit of enhanced age of superannuation on grounds of parity and entitlement to consequential monetary benefits, “no work, no pay” principle, whether applicable, explained. [Jacob Thudipara v. State of M.P., (2022) 7 SCC 764]

Service Law — Transfer of Employee/Service — Deputation — Deputation or transfer — Determination of: Posting of R-1 Assistant Engineer, appointed in SADA on 24-6-1982 to Gwalior Development Authority (GDA) vide Order dt. 20-12-1988, tenability of reliance on S. 72 of the 1973 Act to contend that R-1 was sent on deputation, determined. [Gwalior Development Authority v. Subhash Saxena, (2022) 7 SCC 706]

Transfer of Property Act, 1882 — S. 53-A: In this case, in a suit for permanent injunction, plaintiffs claimed to be in possession and for declaration and permanent injunction as such invoked S. 53-A TPA. Validity of rejection of plaint on ground that suit barred by limitation and that suit for declaration simpliciter under S. 53-A TPA is not maintainable against original owner, determined. Relevance of interconnectedness of reliefs sought in the plaint, explained. [Biswanath Banik v. Sulanga Bose, (2022) 7 SCC 731]