“No doubt, that a Judicial Officer while discharging his/her duties, is expected to be independent, fearless, impassionate and non-impulsive. But a Judicial Officer is also a human being. A Judicial Officer is also a parent. He/she could be a father or a mother. “
X v. High Court of MP
STORY OF THE MONTH
Harassed, transferred, left with no choice but to resign: Read how this MP District Judge won half the battle in alleged sexual harassment case as SC orders her reinstatement
The resignation by the petitioner was on account of exasperation and frustration actuated by a thought, that injustice was being meted out to her by the very Institution of Judiciary.
The Court observed that,
“… in a gruesome battle between a mother and a Judicial Officer, the Judicial Officer lost the battle to the mother.”
UNMISSABLE STORIES
Fraudulent Trading| SEBI must disclose all relevant material, including Investigation Report, to noticee except certain sensitive information
“If the report of the investigation authority under Regulation 9 has to be considered by the Board before satisfaction is arrived at on a possible violation of the regulations, the principles of natural justice require due disclosure of the report.”
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Supreme Court rejects default bail plea of Rahul Modi, MD of Adarsh Group
“Filing of the charge-sheet within stipulated period is sufficient compliance u/s 167 of CrPC.”
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Amazon-Future-Reliance Dispute| SC allows Future Group to approach Delhi HC for continuation of merger deal with Reliance Group
The 3-judge bench of NV Ramana, CJ and AS Bopanna and Hima Kohli, JJ has granted liberty to Future Retail Limited (FRL) to approach the Delhi High Court by filing an application seeking continuation of the NCLT proceedings beyond the 8th Stage i.e. Meeting of Shareholders and creditors.
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Section 498A IPC| Husband’s relatives cannot be forced to undergo trial in absence of specific allegations of dowry demand
“A criminal trial leading to an eventual acquittal also inflicts severe scars upon the accused.”
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Supreme Court furthers SOP for evidence recording via video-conferencing in cases related to child victims/witnesses of human trafficking
“It is well known that our country is a technological powerhouse and if we are unable to take advantage of the resources available with us and fully utilise the benefits of technology through computers and the internet for the benefit of children, our status as a technological powerhouse would be in jeopardy and would remain only on paper.”
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POCSO Offenders Deserve No Leniency; “A Message Must Be Conveyed To The Society At Large”
“Cases of sexual assault or sexual harassment on the children are instances of perverse lust for sex where even innocent children are not spared in pursuit of such debased sexual pleasure.”
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Bullet Train Project: Even Republic of India can’t deviate from terms and conditions of a fully foreign funded contract; SC sets aside Delhi High Court verdict
Japan International Cooperation Agency (JICA) has invested Rs.1 lakh crores in the Bullet Train Project.
EXPLAINERS
- Can a Hindu male execute a Will giving a limited estate to a wife if all other aspects including maintenance are taken care of? SC interprets Section 14 of Hindu Succession Act
- Can long Separation lead to inference regarding desertion in all cases?
- Does Army Act provide lesser punishment even for serious offences? Is a person not tried by Court Martial but by a Criminal Court at a disadvantageous position?
- Can a State Government deviate from prescribed qualifications in Regns. 6 and 7 of Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010?
- Can an insurance claim be repudiated in case of delay in informing the Insurance Company regarding the theft of vehicle?
- If the interpretation of a tender document is not accepted by Constitutional Court, can Court interfere with the interpretation?
- Whether relinquishment of right to promotion once made exists perpetually or is it for specific term?
- Can post office/bank be held liable for the fraud or wrongs committed by its employees?
- Whether promotion scheme implemented by office memorandum supersedes recruitment regulations?
- Can Court compel a parent to go abroad with child in a habeas corpus case?
MORE STORIES
Not mandatory to register partition document only detailing how the properties are to be dealt with in future
The Court was deciding a case where the panchayatdars had passed an award in the form of a resolution in relation to a family property.
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Lok Adalat Award cannot be a basis for redetermination of the compensation under Section 28A of the LA Act
An Award passed under Section 19 of the 1987 Act is a product of compromise. Sans compromise, the Lok Adalat loses jurisdiction.
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Applications under Section 156 (3) Cr.P.C. being filed only to harass other; Filing of affidavit a must
In a case where the Magistrate had passed an order under Section 156(3) CrPC even in absence of an affidavit duly sworn by the complainant, the bench of BR Gavai* and Krishna Murari, JJ that many a times the applications under Section 156 (3) of the Cr.P.C. are filed in a routine manner without taking any responsibility only to harass certain persons and hence, such applications are to be supported by affidavits.
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Minor penalties, without cumulative effect, are still a proof of tainted service record; Benefit of Selection Grade can’t be claimed as a right
In a case where a former employee of Rajasthan State Road Transport Corporation sought benefit of Selection Grade, 7 years after his compulsory retirement, the bench of Dr. DY Chandrachud and Surya Kant, JJ has held that the grant of the Selection Grade is not a matter of right and is subject to the stipulated terms and conditions which, in the present case, included a clean and untainted service record.
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Merely writing “cancelled” on registered power of attorney wouldn’t make it null and void
The Division Bench of K.M. Joseph* and Pamidighantam Sri Narasimha, JJ., held that mere writing the word “cancelled” or drawing a line would not render Power of Attorney null and void as there must be cancellation and it must further be brought to the notice of the third party at any rate.
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Law passed by legislature is good law till it is declared unconstitutional by a Court
The Supreme Court held that, the Manipur Legislature was not competent to introduce a saving clause in the Repealing Act 2018.
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Consent decree cannot be modified/ altered unless the mistake is a patent or obvious one
“Even assuming there is a mistake, a consent decree cannot be modified/ altered unless the mistake is a patent or obvious mistake. Or else, there is a danger of every consent decree being sought to be altered on the ground of mistake/ misunderstanding by a party to the consent decree.”
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IBC Amendment, 2018; Supreme Court elaborates conditions for disqualification of Resolution Professional under S. 29A(h) of IBC
“…what is required to earn a disqualification under the said provision is a mere existence of a personal guarantee that stands invoked by a single creditor, notwithstanding the application being filed by any other creditor seeking initiation of insolvency resolution process subject to further compliance of invocation of the said personal guarantee by any other creditor.”
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Compassionate Appointment cannot be denied to children born from the second wife of a deceased employee
“A policy cannot discriminate against a person only on the ground of descent by classifying children of the deceased employee as legitimate and illegitimate and recognizing only the right of legitimate descendant.”
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No Corporation/Planning Authority can be compelled to acquire an unusable or unsuitable land and be compelled to pay compensation to landowners
“Once by operation of law, the reservation is deemed to have lapsed, it is lapsed for all purposes and for all times to come.”
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Default/Delay in payment of EPF by employer: Mens rea or actus reus not an essential element for imposing civil penalty/damages
The bench of Ajay Rastogi and Abhay S. Oka, JJ has held that any default or delay in the payment of EPF contribution by the employer under the Employees Provident Fund & Miscellaneous Provisions Act, 1952 is a sine qua non for imposition of levy of damages under Section 14B and mens rea or actus reus is not an essential element for imposing penalty/damages for breach of civil obligations/liabilities.
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Advocate an officer of the Court; May be appointed by CMM/DM to assist in execution of order passed under Section 14(1) of SARFAESI Act
The Court was called upon to decide whether the past practice followed by most of the courts across the country in recognising the power of the CMM/DM to appoint an advocate as a commissioner to assist him in merely taking possession of the secured assets and documents relating thereto and to forward the same to the secured creditor, needs to be discontinued as being prohibited owing to insertion of sub-Section (1A) of Section 14 of SARFAESI Act?
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Benefit conferred on one or a set of people, without legal basis or justification, cannot multiply and be relied upon as a principle of parity
“A principle, axiomatic in this country’s constitutional lore is that there is no negative equality.”
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Is independent suit questioning a compromise decree maintainable or one has to approach the same Court which recorded the compromise to challenge it? SC answers
“If clever drafting of the plaint has created the illusion of a cause of action, the court will nip it in the bud at the earliest so that bogus litigation will end at the earlier stage.”
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Bank Employees misappropriate funds. Confession by one leads to mild penalty; No evidence against another leads to dismissal! SC directs reinstatement
“A reading of the disciplinary authority’s order reveals that his past record of minor misconduct played a major role in determining his guilt, despite lack of evidence, and the extreme penalty of dismissal.”
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Section 138 NI Act| Prima-facie indication as to complaint by a company through an authorised employee having knowledge of the case enough for Magistrate to take cognizance
The 3-judge bench of NV Ramana, CJ and AS Bopanna* and Hima Kohli, JJ has held that when the complainant/payee for a complaint filed under Section 138 of NI Act is a company, an authorized employee can represent the company. Such averment need not be in any particular manner and prima facie material is sufficient for the Magistrate to take cognizance and issue process.
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SC discusses law on compensation for injurious affection; Summarises items under S. 23(1) of LA Act to be considered by court while determining compensation
“Railway line is not like a roadway. Roads can take diversion easily, but not railway lines.”
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Can sale pursuant to a public auction, be set aside at the instance of strangers to the auction proceeding? SC decides
“if there was any error in the decision-making process adopted by the authority, the remedy available was to question the sale deed in an appropriate proceeding available under the law and not by filing a petition under Article 226 of the Constitution of India”.
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Financier-in-possession of a motor/transport vehicle liable to pay tax under U.P. Motor Vehicles Taxation Act, 1997
While dealing with the scope of Section 12 of the U.P. Motor Vehicles Taxation Act, 1997, bench of MR Shah* and BV Nagarathna, JJ has held that a financier of a motor vehicle/transport vehicle in respect of which a hire-purchase, lease or hypothecation agreement has been entered, is liable to tax from the date of taking possession of the said vehicle under the said agreements.
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Chased and killed in the mid night much after the altercation, even after the deceased reached his house. Cold blooded murder or culpable homicide not amounting to murder? SC decides
In a case relating to murder versus culpable homicide legal controversy, the Division Bench of M.R. Shah* and B.V. Nagarathna, JJ., held that the Uttaranchal High Court had erred in observing that the case would fall under Fourth exception to Section 300 IPC and had failed to properly appreciate the multiple injuries sustained by the deceased.
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Bank entitled to withhold payment where Bond holder’s title is clouded as fraudulent
“Shylock has received their promised pound of flesh but they seem to want more”
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Is unstamped Arbitration Agreement enforceable?
Supreme Court holds question being pending before larger Bench will not hinder arbitration proceedings unless issue indicates existence of deadwood.
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Economic Offence| 25 crores siphoned off by forging documents and misusing KYCs of employees; SC cancels Delhi HC’s order granting bail to the suspect
Mere non-misuse of liberty cannot be a ground to confirm the bail order otherwise not sustainable in law.
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5-year moratorium on new Pharmacy Colleges: Chh HC’s interim order directing PCI to consider application for affiliation stayed; Matter to be disposed of in 4 weeks
Supreme Court imposed a stay on the Chattisgarh High Court’s interim order directing the PCI to permit the respondents to submit their application required for the necessary permission and approval and also for grant of necessary affiliation for the academic session 2022-23.
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Post Poll Violence| Anticipatory Bail to Mamta’s Banerjee’s Election Agent SK Supiyan in murder case; Must fully cooperate in the probe
The Court made clear that the pre-arrest bail is liable to be cancelled if it is found that the appellant is not cooperating for the investigation.
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By purchasing power at higher rate, Andhra Pradesh DISCOMS have acted contrary to public interest
“Every action of a State is required to be guided by the touch¬stone of non-arbitrariness, reasonableness and rationality. Every action of a State is equally required to be guided by public interest. Every holder of a public office is a trustee, whose highest duty is to the people of the country.”
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Whether lotteries being res extra commercium takes away CCI’s Jurisdiction to entertain anti-competition activities relating to lotteries? SC decides
“A simple aspect of anti-competitive practices and cartelisation had got dragged on for almost ten years in what appears to be a mis-application by the High Court of the interplay of the two Acts, i.e., the Competition Act and the Regulation Act.”
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“Debt arising out of advance payment for supply of goods or services is an operational debt”; SC allows operational creditor to initiate CIRP
“…no doubt that a debt which arises out of advance payment made to a corporate debtor for supply of goods or services would be considered as an operational debt.”
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SC sets aside HC order for applying test of criminal proceedings to departmental proceedings
“No case for interference either on law or on moral grounds”
IN OTHER NEWS
Supreme Court invites applications seeking conferment of designation of Senior Advocates
SUPREME COURT CASES
[An overview of the cases reported in the latest volumes of SCC]
2021 SCC Vol. 9 Part 3
In Part 3 of Volume 9, read this very interesting decision, where the Election Commission of India (EC) had sought a direction.
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In Part 1 Volume 10 of 2021, read Supreme Court’s decision in Supertech Ltd. v. Emerald Court Owner Resident Welfare Assn., (2021) 10 SCC 1, wherein the Court made an observation that “illegal constructions have to be dealt with strictly to ensure compliance with the rule of law.”
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In this part, read three really interesting Articles along with some very carefully analysed decisions of the Supreme Court by our editors.
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This part has a very interesting decision from the Supreme Court, wherein the Court issued “general uniform direction” of deduction of 15 per cent of the annual school fees for the academic year 2020-2021 in lieu of unutilised facilities/activities and not on the basis of actual data school-wise.[Indian School v. State of Rajasthan, (2021) 10 SCC 517].
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Evidence Law, Arbitration Law, Service Law and many more interesting decisions covered in this part covering some very pertinent laws.
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In 2022 SCC Volume 1 Part 1, read a very significant decision of Supreme Court wherein it made a very pertinent observation with regard to arbitral awards,
“There is a disturbing tendency of courts setting aside arbitral awards, after dissecting and reassessing factual aspects of the cases to come to a conclusion that the award needs intervention …”
[Delhi Airport Metro Express (P) Ltd. v. DMRC, 2021 SCC OnLine SC 695]
