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Supreme Court Daily Tuesday, 5 October, 2021

Code of Civil Procedure 1908 – Order XXI – Execution – Provisions available to a judgment-­debtor to stall execution -the case on hand is fit to be included in the syllabus of a law school as a study material for students to get equipped with the various provisions of the Code relating to execution. Dipali Biswas v. Nirmalendu Mukherjee https://caselaw.in/p=10521

Consumer Law – Electricity Act, 2003 – Section 56 – Disconnection of supply in default of payment – The raising of an additional demand in the form of “short assessment notice”, on the ground that in the bills raised during a particular period of time, the multiply factor was wrongly mentioned, cannot tantamount to deficiency in service. If a licensee discovers in the course of audit or otherwise that a consumer has been short billed, the licensee is certainly entitled to raise a demand. So long as the consumer does not dispute the correctness of the claim made by the licensee that there was short assessment, it is not open to the consumer to claim that there was any deficiency. This is why, the National Commission, in the impugned order correctly points out that it is a case of “escaped assessment” and not “deficiency in service”. Prem Cottex v. Uttar Haryana Bijli Vitran Nigam Ltd. https://pdf.caselaw.in/?p=286

Electricity Act, 2003 – Section 56 – Disconnection of supply in default of payment – the negligence on the part of the licensee which led to short billing in the first instance and the rectification of the same after the mistake is detected, is not covered by Sub­section (1) of Section 56. Consequently, any claim so made by a licensee after the detection of their mistake, may not fall within the mischief, namely, “no sum due from any consumer under this Section”, appearing in Sub­section (2). Prem Cottex v. Uttar Haryana Bijli Vitran Nigam Ltd. https://pdf.caselaw.in/?p=286

Electricity Act, 2003 – Section 56 (1) – Disconnection of electric supply if any person “neglects to pay any charge for electricity” – The question of neglect to pay would arise only after a demand is raised by the licensee. If the demand is not raised, there is no occasion for a consumer to neglect to pay any charge for electricity. Sub­section (2) of Section 56 has a non­obstante clause with respect to what is contained in any other law, regarding the right to recover including the right to disconnect. Therefore, if the licensee has not raised any bill, there can be no negligence on the part of the consumer to pay the bill and consequently the period of limitation prescribed under Sub­section (2) will not start running. So long as limitation has not started running, the bar for recovery and disconnection will not come into effect. Prem Cottex v. Uttar Haryana Bijli Vitran Nigam Ltd. https://pdf.caselaw.in/?p=286

Forest Act, 1927 – Ss. 3, 5, 6, 20 – The land vests in the Forest Department by virtue of notification published under a statute. It was the lessee who had to assert the title on the forest land by virtue of an agreement in writing by a competent authority but no such agreement in writing has been produced. Therefore, the lessee would not be entitled to any right only on the basis of an entry in the revenue record. Prabhagiya Van Adhikari Awadh Van Prabhag v. Arun Kumar Bhardwaj https://pdf.caselaw.in/?p=279

Land Acquisition Act, 1894 – Sections 3(b) and 54 – Appeal – ‘interested party’ / ‘person interested’ – Maintainability of the writ petition – the High Court ought not to have entertained the writ petition under Article 226 of the Constitution of India challenging the judgment and award passed by the Reference Court, more particularly, when the appellant would have a remedy to file the appeal under Section 54 with the leave of the Court and if at all the Appellate Court – High Court grants leave to prefer the appeal challenging the judgment and award passed by the Reference Court. Shrachi Burdwan Developers Pvt. Ltd. v. State of West Bengal https://pdf.caselaw.in/?p=289

Land Laws – Forest Act, 1927 – Ss. 3, 5, 6, 20 – U.P. Zamindari Abolition and Land Reforms Act, 1950 – Sections 4 and 117 – U.P. Consolidation of Holdings Act, 1953 – Power to reserve forests – Bar of accrual of forest rights – Proclamation by Forest Settlement-officer – Notification declaring forest reserved – The State Government has the jurisdiction to declare a protected forest if the land is the property of the Government over which proprietary rights are exercised. Prabhagiya Van Adhikari Awadh Van Prabhag v. Arun Kumar Bhardwaj https://pdf.caselaw.in/?p=279

Penal Code, 1860 – Section 306 – Student of Class 9 committed suicide – The mother of the deceased-student lodged the FIR alleging that her son committed suicide due to mental harassment meted out by the Physical Training Teacher – Held, The disciplinary measures adopted by a teacher or other authorities of a school, reprimanding a student for his indiscipline, would not tantamount to provoking a student to commit suicide, unless there are repeated specific allegations of harassment and insult deliberately without any justifiable cause or reason. Geo Varghese v. State of Rajasthan https://pdf.caselaw.in/?p=271

Public Interest Litigation – Misappropriation of government funds in implementation of the housing scheme in the municipality – If there are allegations with respect to commission of cognizable offences, brought to the notice of the police authorities, ordinarily an FIR has to be lodged. Shaikh Ansar Ahmad Md. Husain v. State pf Maharashtra https://pdf.caselaw.in/?p=276

Service Law – Principle governing the grant of appointment on compassionate ground – The compassionate ground is a concession and not a right – the dependent/applicant cannot seek the appointment on compassionate ground on the higher post than what was held by the deceased employee as a matter of right, on the ground that he/she is eligible fulfilling the eligibility criteria of such higher post. State of Uttar Pradesh v. Premlata https://pdf.caselaw.in/?p=292

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