Home » Supreme Court Weekly Digest December 12 – 18, 2021

Supreme Court Weekly Digest December 12 – 18, 2021

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Advocates Act, 1961 – Disciplinary Proceedings – It is the duty of the Bar Council of India / State Bar council to improve its functioning on the disciplinary side. K. Anjinappa v. K.C. Krishna Reddy, https://caselaw.in/p=379

Agricultural Produce Marketing (Regulation and Development) Act, 1966 (Karnataka) – Section 65 – Levy of market fees. APMC Yashwanthapura v. Selva Foods, https://caselaw.in/p=404

Arbitration and Conciliation Act 1996 – the contractor was entitled to the loss on account of the additional expenditure incurred for maintenance of the road due to increase in the traffic because of the closure of the nearby Road and diversion of the traffic to the present road. State of Haryana v. Shiv Shankar Construction Co., https://pdf.caselaw.in/sc/2021/12/1022/

Arbitration and Conciliation Act, 1996 – Difference between Conciliation and Arbitration – Proceedings for conciliation and arbitration cannot be clubbed. Jharkhand Urja Vikas Nigam Ltd. v. State of Rajasthan, https://caselaw.in/p=400

Army Law – Pension Regulations for the Army, 1961 – Regulation Nos. 292 and 173 – Territorial Army Act, 1948 – Section 9 – A member of the Territorial Army would be entitled to disability pension. Pani Ram v. Union of India, https://caselaw.in/p=371

Bail – While elaborating reasons may not be assigned for grant of bail, at the same time an order de hors reasoning or bereft of the relevant reasons cannot result in grant of bail. Brijmani Devi v. Pappu Kumar, https://caselaw.in/p=383

Code of Civil Procedure, 1908 – S. 96, O. XLI R. 31 – There cannot be an automatic allowing of the appeal and quashing and setting aside the judgment and decree passed by the trial court without any further entering into the merits of the appeal and/or expressing anything on merits in the appeal on an impleadment of a party in an appeal. IL and FS Engineering and Constructions Company Ltd. v. Bhargavarama Constructions, https://caselaw.in/p=380

Code of Criminal Procedure, 1973 – Scope of inquiry by an Appellate court while dealing with an appeal against acquittal under Section 378 CrPC. Mohan @ Srinivas @ Seena @ Tailor Seena v. State of Karnataka, https://pdf.caselaw.in/sc/2021/12/878/

Condonation of Delay – Application for – Delay in filing the Appeal – Delay of 1011 days. Majji Sannemma @ Sanyasirao v. Reddy Sridevi, https://caselaw.in/p=391

Consumer Protection Act 1986 – Section 13 (2) – Delay in filing Written Statement. Diamond Exports v. United India Insurance, https://caselaw.in/p=405

Consumer Protection Act, 2019 – Ss. 35 (1) r/w. 2 (5) – A complaint may be filed: (i) by a single consumer; (ii) by a recognised consumer Association; (iii) by one or more consumers jointly, seeking the redressal of their own grievances without representing other consumers who may or may not have the same interest; (iv) by one or more consumers on behalf of or for the benefit of numerous consumers; and (v) the Central Government, Central Authority or State Authority. Brigade Enterprises Ltd. v. Anil Kumar Virmani, https://caselaw.in/p=385

Contempt of Courts Act, 1971 – Power to punish for contempt has to be exercised with greatest care and caution – the contempt jurisdiction is always discretionary which should be exercised sparingly and with circumspection. Bordeuri Samaj of Sri Sri Maa Kamakhya v. Riju Prasad Sarma, https://caselaw.in/p=398

Contract Act, 1872 – Section 70 – Obligation of person enjoying benefit of non-gratuitous act. Anita Rani v. Ashok Kumar, https://caselaw.in/p=382

Criminal Law – Golden principle to be followed in criminal jurisprudence – It is the duty of the prosecution to prove the case beyond reasonable doubt. Jaikam Khan v. State of Uttar Pradesh, https://caselaw.in/p=399

Duress – Large number of documents such as invoices, debit notes and ST-1 Form spread over 3 months is unbelievable to be an exercise of duress. Star Paper Mills Ltd. v. Beharilal Madanlal Jaipuria Ltd., https://caselaw.in/p=374

Environmental Law – Principles of Sustainable Development and Environmental Rule of Law – Explained. Citizens for Green Doon v. Union of India, https://pdf.caselaw.in/sc/2021/12/1019/

Hindu Law – Joint Hindu Family Property – Right of the Karta to execute agreement to sell or sale deed – Alienation by Father – What is legal necessity. Beereddy Dasaratharami Reddy v. V. Manjunath, https://caselaw.in/p=409

Insolvency and Bankruptcy Code 2016 – Adjudicating Authority cannot compel a party to the proceedings before it to settle a dispute. E.S. Krishnamurthy v. Bharath HiTech Builders Pvt. Ltd., https://pdf.caselaw.in/sc/2021/12/1025/

Insolvency and Bankruptcy Code, 2016 – the dominant purpose of the IBC is revival of the Corporate Debtor and making it an on­going concern. Ngaitlang Dhar v. Panna Pragati Infrastructure Pvt. Ltd., https://caselaw.in/p=370

Labour Law – Casual Labourers (Grant of Temporary Status and Regularization) Scheme of the Department of Telecommunications, 1989 – Conferment of temporary status – Requirement of engagement of 240 days in any year. Bharat Sanchar Nigam Ltd. v. Sri Deo Kumar Rai @ Deo Kumar Ray, https://pdf.caselaw.in/sc/2021/12/1028/

Land Acquisition – A decree obtained under Land Acquisition Act, is an executable decree and no contempt can be maintained for noncompliance of such decree. Soorajmull Nagarmull v. Brijesh Mehrotra, https://caselaw.in/p=402

Land Acquisition Act, 1894 – the power to issue Notification would include a power to rescind the Notification. U.P. Avas Evam Vikas Parishad through Housing Commissioner v. Noor Mohammad, https://caselaw.in/p=394

Matrimonial Disputes – Making the family members of husbands as accused by making casual reference to them in matrimonial disputes – Proceedings Quashed. Mirza Iqbal @ Golu v. State of Uttar Pradesh, https://caselaw.in/p=403

Mental Disability – Whether disciplinary proceedings can be instituted against the atypical conduct of an employee who has a mental disability ? Ravinder Kumar Dhariwal v. Union of India, https://caselaw.in/p=360

Motor Accident Claims – How to curb the menace of filing false/fake claim petitions. Safiq Ahmad v. ICICI Lombard General Insurance Co. Ltd., https://caselaw.in/p=393

Motor Accidents Claims – Enhancement – Review Petition. Managing Director K.S.R.T.C. V. Bharathi M.R., https://pdf.caselaw.in/sc/2021/12/1037/

Narcotic Drugs and Psychotropic Substances Act, 1985 – In the absence of any psychotropic substance found in the conscious possession, mere reliance on the statement made by other accused under Section 67 of the NDPS Act is too tenuous a ground to sustain the order dismissing the bail application. Bharat Chaudhary v. Union of India, https://caselaw.in/p=407

Penal Code, 1860 – Relevant statutory ingredients necessary to bring home the guilt of an accused when charged u/s. 409, 420 & 477A IPC. N. Raghavender v. State of A.P., https://pdf.caselaw.in/sc/2021/12/873/

Penal Code, 1860 – Section 304 (ii) – Modification of Sentence – With regard to quantum of sentence, it all depends on background facts of the case, antecedents of the accused, whether the assault was premeditated and pre-planned or not, Govindan v. State represented by the Deputy Superintendent of Police, https://caselaw.in/p=386

Penal Code, 1860 – Section 304B – Dowry Prohibition Act, 1961 – Section 2 – Definition of ‘Dowry’ – Dowry Death. Parvati Devi v. State of Bihar Now State of Jharkhand, https://caselaw.in/p=376

Penal Code, 1860 – Section 397 – If the charge of committing the offence is alleged against all the accused and only one among the ‘offenders’ had used the firearm or deadly weapon, only such of the ‘offender’ who has used the firearm or deadly weapon alone would be liable to be charged under Section 397 IPC. Ram Ratan v. State of Madhya Pradesh, https://caselaw.in/p=373

Protection of Children from Sexual Offences Act, 2012 – S. 6 – Code of Criminal Procedure, 1973 – S. 366 – Evidence Act, 1872 – Ss. 8, 27 – Penal Code, 1860 – Ss. 363, 366, 376 (2) (i), 377, 201, 302 r/w. 376A. Lochan Shrivas v. State of Chhattisgarh, https://pdf.caselaw.in/sc/2021/12/881/

Public Service Commission – Examination – Answer Key. Uttar Pradesh Subordinate Service Selection Commission v. Brijendra Pratap Singh, https://caselaw.in/p=406

Recruitment – A candidate / applicant has to comply with all the conditions/eligibility criteria as per the advertisement before the cut-off date mentioned therein unless extended by the recruiting authority. State of Bihar v. Madhu Kant Ranjan, https://caselaw.in/p=392

Representation of People Act, 1951 – Whether an election petition can be thrown out at the threshold on a plea of the respondent/elected candidate that the petition is not supported by an affidavit in Form 25, as prescribed under Rule 94A of Conduct of Election Rules, 1961, even though the petition is based on allegations of corrupt practices ? A. Manju v. Prajwal Revanna @ Prajwal R., https://caselaw.in/p=408

Review Petition – The grounds raised do not make out any error apparent on record to justify interference – Dismissed. Jagpal Singh v. Chairman Administrative Committee U.P. Milk Union & Dairy Federation Centralized Services, https://pdf.caselaw.in/sc/2021/12/1034/

Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI  Act) – Non-Performing  Asset,  (NPA) – One Time Settlement (OTS) Scheme. Bijnor Urban Cooperative Bank Ltd., Bijnor v. Meenal Agarwal, https://pdf.caselaw.in/sc/2021/12/884/

Service Law – Appointment on Compassionate Grounds – Applicability of a new or modified Scheme that comes into force after the death of the employee – Interpretation of. Secretary to Govt. Department of Education (Primary) v. Bheemesh @ Bheemappa, https://caselaw.in/p=390

Service Law – Charge Memorandum – the approval for initiating disciplinary proceedings and approval to a charge memorandum are two divisible acts, each one requiring independent application of mind on the part of the Disciplinary Authority. Sunny Abraham v. Union of India, https://caselaw.in/p=375

Service Law – M.P. State Civil Services Rules, 2015 – Rule 4(3)(c)(1) and (2) – If a candidate is selected in the main list on the basis of the higher priority of post given by him in the preference sheet, he/she will not be considered for the remaining post(s) of preference sheet. Madhya Pradesh Public Service Commission v. Manish Bakawale, https://caselaw.in/p=372

Service Law – the employees cannot legitimately claim that their pay-scales should necessarily be revised and/or they must be granted certain additional benefits/benefits. Rajesh Pravinchandra Rajyaguru v. Gujarat Water Supply & Sewerage Board, https://caselaw.in/p=377

Tenancy and Agricultural Lands Act, 1950 Andhra Pradesh (Telangana Area) – Section 38­E. P. Satyanarayana v. Nandyala Rama Krishna Reddy, https://caselaw.in/p=381

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