Latest Cases

Penal Code, 1860 – S.376(2)(g) – Even assuming that the prosecutrix was of easy virtue, she has a right of refuse to submit herself to sexual intercourse to anyone. State (Govt. of NCT of Delhi) v. Pankaj Chaudhary, AIR 2018 SC 5412 : JT 2018 (11) SC 43 : 2018 (14) Scale 423 Crl.A. No. 2299 of 2009 30-10-2018

Criminal P.C. 1973 – S.300 (1) – When the accused was discharged due to lack of proper sanction, the principles of “double jeopardy” will not apply. State of Mizoram v. C. Sangnghina, AIR 2018 SC 5342 : JT 2018 (10) SC 524 : 2018 (4) KLT 853 : 2018 (14) Scale 442 Crl.A. No. 1322 of 2018 30-10-2018

Industrial Disputes Act, 1947 – Ss. 10, 11A – having regard to the peculiar nature of the respondent’s appointment and rendering of services by him for a very short duration (just 240 days only) and with no evidence as to whether he worked for gains or not after his services came to an end in 1977, this was a fit case where the Labour Court should have awarded lump sum compensation to the respondent instead of directing his reinstatement in service with consequential benefits. Management, Hindustan Machine Tools Ltd. v. Ghanshyam Sharma, AIR 2018 SC 5280 : JT 2018 (10) SC 522 : 2018 (14) Scale 439 C.A. No. 856 of 2012 30-10-2018

Criminal Trial – Conduct of – Guidelines should be followed by trial courts. State of Kerala v. Rasheed, 2018 (4) KLT 783 : 2018 (14) Scale 461 Crl.A. No. 1321 of 2018 30-10-2018

Public Property – While in the case of a non profit­oriented educational institution serving the public interest, public property can be allotted to it at a concessional price or for free by imposing stringent conditions for the use of the land, it is questionable whether the same can be done for profit­oriented institutions. J.S. Luthra Academy v. State of Jammu and Kashmir, AIR 2018 SC 5367 : JT 2018 (11) SC 271 : 2018 (14) Scale 449 C.A. No. 7184 of 2013 30-10-2018

Telecom Regulatory Authority of India Act, 1997 – to the extent royalties/compensation payable to the broadcasters under the Copyright Act are regulated in public interest by TRAI under the TRAI Act, the former shall give way to the latter. Star India Private Limited v. Department of Industrial Policy and Promotion, 2018 (14) Scale 651 C.A. No. 7326 of 2018 30-10-2018

Gold (Control) Act, 1968 – Gold (Control) Repeal Act, 1990 – the statement of objects and reasons makes it clear that over 22 years, the results achieved under the Act have not been encouraging and the desired objectives for which the Act has been introduced have failed. Sushila N. Rungta (d) Thr Lrs. v. Tax Recovery Officer-16(2), 2018 (14) Scale 739 C.A. No. 10824 of 2018 30-10-2018

Rent Control & Eviction – Rent Control Act (Rajasthan) – S. 9 – Rent Appellate Tribunal allowed the landlady’s appeal with a casual approach and failed to record any categorical finding on the plea of bona fide need. The High Court had two options: first either to remand the case to the Rent Appellate Tribunal for deciding the appeal afresh on merits in accordance with law and second, to decide the matter itself on merits in accordance with law. Since the High Court heard the matter in its writ jurisdiction under Article 227 of the Constitution, it was not possible to examine the issue on facts in detail like an Appellate Court. It is for this reason, the High Court ought to have resorted to first option and remanded the case back to the Rent Appellate Tribunal for deciding the appeal afresh on merits in accordance with law. Kalpana Vyas v. Raj Kumar Rangwani, AIR 2018 SC 5282 : JT 2018 (10) SC 519 : 2018 (14) Scale 404 C.A. No. 10811 of 2018 29-10-2018

Service Law – Departmental Enquiry – Issue of caste certificate. S. Mahesh v. Chairman Cum Managing Director, Neyveli Lignite Corporation Ltd. Neyveli Tamil Nadu, JT 2018 (10) SC 513 : 2018 (14) Scale 398 C.A. No. 10812 of 2018 29-10-2018

Army Law – Appoint the petitioner as Director General Medical Services DGMS (Army). Lt. Gen. Manomoy Ganguly, VSM v. Union of India, JT 2018 (10) SC 574 : 2018 (14) Scale 379 W.P. (C) No. 980 of 2018 29-10-2018

Service Law – Employees did not challenge the order of termination – Not entitled to the reliefs. State of Bihar v. Baliram Singh, JT 2018 (10) SC 556 : 2018 (14) Scale 407 C.A. No. 10806 of 2018 29-10-2018

Education Law – Whether a University is bound to give ‘No Objection Certificate’ (NOC) for opening an educational institution or for a new course irrespective of educational needs of the locality under its jurisdiction – Is the University bound to give NOC in a local area irrespective of whether institutions are required in the area and thereby promote the mushroom growth of institutions? Jawaharlal Nehru Technological University Registrar v. Sangam Laxmi Bai Vidyapeet, 2018 (14) Scale 575 C.A. No. 10807 of 2018 29-10-2018

Medical Education – In view of the deficiencies of faculty and of bed occupancy, the decision not to grant permission for admission in the year 2018­2019 was appropriate. Medical Council of India v. Chairman, S.R. Educational and Charitable Trust, JT 2018 (11) SC 62 : 2018 (14) Scale 614 C.A. No. 10372 of 2018 29-10-2018

Service Law – Compassionate Appointment. Vinod Kumar Singh v. State of Uttar Pradesh, 2018 (15) Scale 68 C.A. No. 10869 of 2018 29-10-2018

Multimodal Transportation of Goods Act, 1993 – S.26 – Whether the present Bill of Lading is governed by the provisions of the Act or not would not make any difference to the position that an arbitration clause forms part of an agreement between the parties, and would, therefore, be governed by Section 7 of the Arbitration Act. M/s Caravel Shipping Services Pvt. Ltd. v. M/s Premier Sea Foods Exim Pvt. Ltd., 2018 (14) Scale 743 C.A. No. 10800 of 2010 29-10-2018

Service Law – General Insurance Employees’ Special Voluntary Retirement Scheme, 2004 – General Insurance (Employees) Pension Scheme, 1995 – Pension on voluntary retirement – It is abundantly clear that nothing more would be given than what is stated in the Scheme, and for that matter, nothing less. If the employees avail of the benefit of such a Scheme with their eyes open, they cannot look here and there, under different schemes, to see what other benefits can be achieved by them, by seeking to take advantage of the more beneficial schemes, while simultaneously enjoying the more beneficial aspects of the SVRS-2004 Scheme. National Insurance Special Voluntary Retired / Retired Employees Association v. United India Insurance Co. Ltd., AIR 2018 SC 5476 : 2018 (3) JLJ 646 : 2018 (14) Scale 318 C.A. No. 10775 of 2018 26-10-2018

Transfer of Property Act 1882 – Gift – Whether a document styled as gift deed but admittedly executed for consideration, part of which has been paid and the balance promised to be paid, can be treated as formal document or instrument of gift – Whether a gift deed reserving the right of the donor to keep possession and right of enjoyment and enforceable after the death of the executant is a gift or a will. S. Sarojini Amma v. Velayudhan Pillai Sreekumar, AIR 2018 SC 5232 : JT 2018 (10) SC 488 : 2018 (14) Scale 339 http://bit.ly/CA10785of2018 26-10-2018

Penal Code, 1860 – Ss. 302 r/w. 148 & 149 – there was no evidence to prove that appellant was the author of the gun shot which killed S – the ballistic report (ExC­1) did not support the prosecution case inasmuch as it opined that cartridges fired and recovered from the spot could not have been so fired from the rifle belonging to the appellant and the third, the alleged rifle was not taken in police custody immediately after the incident but it was surrendered by the appellant in the Court. In the light of foregoing reasons, the appellant is entitled for benefit of doubt and hence deserves to be acquitted of the charges framed against him. Ramvir v. State of Uttar Pradesh, AIR 2018 SC 5339 : JT 2018 (11) SC 284 : 2018 (14) Scale 369 Crl.A. No. 183 of 2013 26-10-2018

Land Acquisition – the intra court appeal did involve factual and legal issues, which were decided by the Single Judge, therefore, once they were carried in intra court appeal by an aggrieved party and pressed in service while assailing the order of the Single Judge, it was incumbent upon the Division Bench to deal with all the issues urged and record its findings one way or the other on every issue urged keeping in view the legal provisions applicable to the issues. Raghubir Singh v. State of Rajasthan, JT 2018 (10) SC 551 : 2018 (14) Scale 360 C.A. No. 10781 of 2018 26-10-2018

Hindu Minority and Guardianship Act, 1956 – S.6 – Custody of her Minor Children – Merely because the father has decided to go ahead in life, and has had a second marriage, it provides no ground whatsoever to deprive him of the custody of the children. Dr. Amit Kumar v. Dr. Sonila, AIR 2018 SC 5312 : 2018 (3) DMC 684 : JT 2018 (11) SC 202 : 2018 (14) Scale 362 C.A. No. 10771 of 2018 26-10-2018

Land Acquisition – fixation of compensation – open remand – It will be open to both the parties to adduce evidence and to take all available contentions before the Reference Court. Ali Akbar v. State of Kerala, C.A. No. 10786 of 2018 26-10-2018

Town Planning – Haryana Urban Development Authority (HUDA) Act, 1977 – S.17 – The court can interfere with the revocation of resumption of land only if the executive has not carried out its duty or acted in violation of the procedure. Dalip Singh v. State of Haryana, 2018 (14) Scale 278 C.A. No. 10718 of 2018 25-10-2018

Penal Code, 1860 – S.302 – For the offence of murder, minimum sentence is ‘life imprisonment’. For that reason, obviously, the High Court could not have modified the sentence to the one already undergone. Therefore, modification in the aforesaid manner as done by the High Court was clearly erroneous. Jitendra @ Kalla v. State of Govt. of NCT of Delhi, AIR 2018 SC 5253 : JT 2018 (11) SC 355 : 2018 (14) Scale 305 Crl.A. No. 2133 of 2017 25-10-2018

Advocates – Supreme Court Lawyers’ Chambers (Allotment and Occupancy) Rules. Gopal Jha v. Hon’ble Supreme Court of India, JT 2018 (10) SC 492 : 2018 (14) Scale 286 W.P. (C) No. 745 of 2018 25-10-2018

Labour Law – Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 – S. 7A –  Kelvin Jute Co. Ltd. Workers Provident Fund v. Krishna Kumar Agarwala, 2018 (14) Scale 373 M.A. No.  2364 of 2018 25-10-2018

Service Law – Central Industrial Security Force (CISF) – The punishment of the respondent is substituted to be of “compulsory retirement from service” from that of “removal from service”. Government of India v. V. Shanmugananthan, C.A. No. 4601 of 2009 25-10-2018

Service Law – Retired from service as early as in 1996 – do not find this a fit case for interference. Eastern Coalfields Ltd. v. Bibhas Chandra Bakshi, C.A. No. 119 of 2011 25-10-2018

Penal Code, 1860 – Ss. 302 & 460 – Evidence relied by the prosecution is full of contradictions – prosecution has failed to provide any independent witness to bring home, the guilt of the accused – there exists reasonable doubt for believing the case laid down by the prosecution and the guilt of the accused has not been proved beyond doubt. State of Rajasthan v.v Madan @ Madaniya, Crl.A. No. 1333 of 2011 25-10-2018

Partition – Settlement – properties divided in terms of the sketch – the two Wills will stand superseded. This decree will be the source of title to the properties of the respective sharers. The trial court is directed to send a copy of this decree to the Sub-Registrar concerned for the purpose of entry in the official records of the Sub-Registrar. Vasudevan Embranthiri @ Vasudeva Rao (dead) By Lrs. v. Gopalakrishnan (dead) By Lrs., C.A. No. 1809 of 2006 25-10-2018

Specific Relief – Specific Performance. Harnek Singh v. Hukam Chand, 2018 (14) Scale 737 C.A. No. 786 of 2008 25-10-2018

Constitution of India – Art.142 – Central Motor Vehicle Rules, 1989 – Rr. 115 (21) – No motor vehicle conforming to the emission standard Bharat Stage­ IV shall be sold or registered in the entire country with effect from 01.04.2020. M.C. Mehta v. Union of India, AIR 2018 SC 5194 : 2018 (14) Scale 263 W.P. (C) No. 13029 of 1985 24-10-2018

Education – Unrecognized Course – Compensation to the Students – it is not possible to accede to the request of the Deemed University to waive the order of compensation made by the High Court. Nehru Gram Bharati University v. State of U.P., JT 2018 (11) SC 27 : 2018 (14) Scale 239 C.A. No. 10677 of 2018 24-10-2018

Criminal P.C. 1973 – S.125 – Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings under Section 125 Cr.P.C., such strict standard of proof is not necessary as it is summary in nature meant to prevent vagrancy. Kamala v. M.R. Mohan Kumar, AIR 2018 SC 5128 : 2018 (3) DMC 694 : JT 2018 (10) SC 409 : 2018 (4) KLT 864 : 2018 (2) OLR 994 : 2018 (14) Scale 257 Crl.A. No. 2368 of 2009 24-10-2018

Evidence Law – Will – Signature – Hand Writing Expert – To challenge the genuineness of the Will inter alia indicates challenge to the genuineness of the signature. Rama Avatar Soni v. Mahanta Laxmidhar Das, AIR 2018 SC 5597 : JT 2018 (11) SC 106 : 2018 (14) Scale 253 C.A. No. 10684 of 2018 24-10-2018

Evidence Act, 1872 – S.27 – the facts need not be self probatory and the word “fact” as contemplated in Section 27 of the Evidence Act is not limited to “actual physical material object”. The discovery of fact arises by reason of the fact that the information given by the accused exhibited the knowledge or the mental awareness of the informant as to its existence at a particular place. It includes a discovery of an object, the place from which it is produced and the knowledge of the accused as to its existence. Asar Mohammad v. State of U.P., AIR 2018 5264 : JT 2018 (10) SC 533 : 2018 (14) Scale 343 Crl.A. No. 1617 of 2011 24-10-2018

Army Law – the Court of Inquiry (COI) failed to adhere to the procedure laid down in Army Rule 180; it’s findings are based on the material which could not be relied upon without its formal proof (like the allegations in the complaint or the report of discreet inquiry); and there is a violation of principle of natural justice. We, thus, allow the appeals of the Officer and set aside the impugned judgment of the AFT and also the punishment of ‘Severe Displeasure (Recordable)’. Union of India v. Col. A.D. Nargolkar, 2018 (14) Scale 325 C.A. No. 10686 of 2018 24-10-2018

Civil P.C. 1908 – Since the judgment of the Trial Court was affirmed by the First Appellate Court and was further affirmed by the Second Appellate Court, the decree passed by the High Court becomes enforceable in view of the doctrine of merger. Hence, the execution petition filed by the plantiffs/respondents is within time, consequently the appeal fails and stands dismissed. Shanthi v. T.D. Vishwanathan, 2018 (15) Scale 94 C.A. No. 10442 of 2011 24-10-2018

Environmental Law – Air Pollution – Firecrackers – Specific Directions are Issued – The crackers with reduced emission (improved crackers) and green crackers only would be permitted to be manufactured and sold. Arjun Gopal v. Union of India, AIR 2018 SC 5731 : JT 2018 (10) SC 381 : 2018 (14) Scale 209 W. P. (C) No. 728 of 2015 23-10-2018

Res Judicata – Applicability of the doctrine between co-­defendants – the following four conditions must be satisfied – there must be a conflict of interest between the defendants concerned – it must be necessary to decide the conflict in order to give the reliefs which the plaintiff claims – the question between the defendants must have been finally decided – the co­defendants were necessary or proper parties in the former suit. Govindammal (Dead) By Lrs. v. Vaidiyanathan, 2018 (14) Scale 198 C. A. No. 5276 of 2008 23-10-2018

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 – the writ petitioners could exercise their right of occupation qua the University only during their service tenure subject to fulfillment of the requisite terms and conditions and their right of occupation was terminable on their service tenure coming to an end. The day on which their services came to an end, whether due to their tendering the resignation, or on attaining the age of superannuation or for any other reasons, their right to continue in occupation of the flats came to an end. Their possession in the flats became unlawful and unauthorized. They were under contractual and legal obligation to handover vacant and peaceful possession of the flats to their employer i.e. the University so as to enable the University to allot the flats to other employees who were eligible for allotment. Vice Chancellor, Ranchi University v. Jharkhand State Housing Board, AIR 2018 SC 5202 : JT 2018 (11) SC 109 : 2018 (14) Scale 193 C. A. No. 8113 of 2009 23-10-2018

Criminal P.C.1973 – Remission – the appellant has so far undergone more than 14 years of jail sentence and he still remains in Jail undergoing his sentence – if that were the case then the State can be directed to consider the appellant’s case for his remission in terms of the relevant provisions of the Cr.P.C. read with Rules – the appellant is eligible for his release by the State in terms of the Rules in accordance with law depending upon a case made out by him. The State can always pass appropriate orders on appellant’s release provided a case to that effect as provided in the Rules is made out. Rajendra Singh v. State of Uttar Pradesh, AIR 2018 SC 5127 : JT 2018 (10) SC 431 : 2018 (14) Scale 190 Crl. A. No. 863 of 2012 23-10-2018

Consumer Protection Act, 1986 – Ss. 21 & 23 – Flat – Delivery of Possession – Completion Certificate – Full Occupancy Certificate – The Purchaser ought not to be allowed to reap the benefits of own delay in taking possession. Supertech Ltd. v. Rajni Goyal, AIR 2018 SC 5351 : JT 2018 (10) SC 530 : 2018 (14) Scale 187 C.A. No. 6649 of 2018 23-10-2018

Company Law – Insolvency and Bankruptcy Code, (IBC) 2016 – Section 9 – Insolvency and Bankruptcy (AAA) Rules, 2016 – Rule 6 – National Company Law Tribunal (NCLT) – Corporate Insolvency Resolution Process (CIRP) – Application for initiation of corporate insolvency resolution process by operational creditor – IBC is not intended to be substitute to a recovery forum – whenever there is existence of real dispute, the IBC provisions cannot be invoked. Transmission Corporation of Andhra Pradesh Limited v. Equipment Conductors and Cables Limited, 2018 (14) Scale 176 C.A. No. 9597 of 2018 23-10-2018

Service Law – Promotion – Whether the promotion of respondent No.1 to the ex-cadre post of Executive Engineer, and encadrement thereof subsequently, is illegal? – Whether the delay and laches will come in the way of appellant No.3 in challenging the order of promotion of respondent No.1 – Whether the Government was right in conducting an inquiry when the writ petitions were pending before the Court and whether subsequent demotion of respondent No.1 to the ex-cadre post of Executive Engineer is illegal? Ajit Kr. Bhuyan v. Debajit Das, JT 2018 (11) SC 17 : 2018 (14) Scale 168 C.A. No. 10662 23-10-2018

Judicial Discipline – It is against judicial propriety to issue orders contrary to the orders of its own coordinate Bench, as the same had attained finality. Judicial discipline mandates respecting of orders of co­ordinate Benches of the High Court. Ghaziabad Development Authority v. Machhla Devi, AIR 2018 SC 5755 : JT 2018 (11) SC 1 : 2018 (14) Scale 272 C.A. No. 10670 of 2018 23-10-2018

Penal Code, 1860 – Ss. 300 Exception 4 & 304 Part I – Sudden fight implies the absence of premeditation. Bhagirath v. State of Madhya Pradesh, 2018 (14) Scale 470 bit.ly/CrlA2301of2009 23-10-2018

Rent Law & Eviction – Suit for eviction and recovery of rent – second appeal – validity of the quit notice was not an issue before the High Court nor any question of law was framed on the same – the High Court ought to have examined the substantial questions of law framed by it and answered the same in accordance with law. In such view of the matter the impugned order is not sustainable and the matter has to be remitted back to the High Court. Shrikant v. Narayan Singh (dead) Thr. Lrs. C.A. No. 4451 of 2009 23-10-2018

Election – Voter Verifiable Paper Audit Trail (VVPAT) – Draft Electoral Rolls – Deletion of voters from the voter list without intimation to the political parties – Another writ petition almost identical prayer – Dismissed. Kamal Nath v. Election Commission of India, JT 2018 (11) SC 288 : 2018 (13) Scale 822 W.P. (C) No. 935 of 2018 12-10-2018Civil P.C. 1908 – S. 21 – Objections to Jurisdiction – The policy underlying Section 21 of CPC is that when the case has been tried by a court on merits and the judgment rendered, it should not be liable to be reversed purely on technical grounds, unless it has resulted in failure of justice. Om Prakash Agarwal v. Vishan Dayal Rajpoot, AIR 2018 SC 5486 : 2018 (14) Scale 116 C.A. No. 9051-9052 of 2018 12-10-2018Largesse – How and in what manner the State should deal with its largesse at the time of its disposal amongst the citizens – Government, is not and should not be as free as an individual in selecting the recipients for its largesse – Whatever its activity, the Government is still the Government and will be subject to restraints, inherein in its position in a democratic society – A democratic Government cannot lay down arbitrary and capricious standards for the choice of persons with whom alone it will deal. Powari Panchsheel Co-op. Hng. Sty. v. Maharashtra Housing Area Development Authority (MHADA), JT 2018 (10) SC 433 : 2018 (14) Scale 60 C.A. No. 7608 of 200 12-10-2018

Criminal P.C. 1973 – S. 378 (4) – Ownership Flats Act, 1963 (Maharashtra) – Violations of the Provisions of the Act – Metropolitan Magistrate dismissed the Complaint – High Court declined to grant leave to file appeal – Matter remanded to High Court. Dahisar Saraswati Coop. Housing Society Ltd. v. State of Maharashtra, AIR 2018 SC 4805 : 2018 (4) Crimes 121 : JT 2018 (10) SC 14 : 2018 (14) Scale 106 Crl.A. No. 1550 of 2010 12-10-2018

Service Law – Termination Order – Reinstatement – Payment of Back Wages. Life Insurance Corporation of India v. Kalappa M. Sankad, JT 2018 (10) SC 292 : 2018 (14) Scale 103 C.A. No. 10574 of 2018 12-10-2018Criminal P.C. 1973 – S. 378 (3) – Victim can file an appeal in the High Court without seeking leave to appeal. Mallikarjun Kodagali v. State of Karnataka, AIR 2018 SC 5206 : 2018 (4) Crimes 123 : 2018 (4) KLT 682 : 2018 (4) RCR (Criminal) 781 : 2018 (14) Scale 32 Crl.A. No. 1281-1282 of 2018 12-10-2018Motor Vehicles Act, 1988 – S. 168 – Whether the amounts received by the deceased by way of provident fund, pension, life insurance policies and similarly, in cash, bank balance, shares, fixed deposits etc., are ‘pecuniary advantages’ received by the heirs on account of death of the deceased and liable to be deducted from the compensation. Sebastiani Lakra v. National Insurance, AIR 2018 SC 5034 : JT 2018 (10) SC 318 : 2018 (14) Scale 20 C.A. No. 10588 of 2018 12-10-2018Judicial Service is very different from other services and the yardstick of suitability that may apply to other services, may not be the same for a judicial service. Mohammed Imran v. State of Maharashtra, AIR 2018 SC 4895 : JT 2018 (10) SC 15 : 2018 (14) Scale 28 bit.ly/CA10571of2018 12-10-2018Tax Law – Section 19(5)(c) of the Tamil Nadu Value Added Tax Act, 2006, Act No. 32/2006 and Rule 10(9)(a) of the Tamil Nadu Value Added Tax Rules, 2007 are ultra vires of Articles 14, 19(1)(g), 256 and 301 of the Constitution of India as also the Central Sales Tax Act and whether Notice dated August 16, 2018 of the Revenue is liable to be quashed? TVS Motor Company Ltd. v. State of Tamil Nadu, AIR 2018 SC 5624 : 2018 (13) Scale 744 C.A. No. 10560 of 2018 12-10-2018Value Added Tax Act, 2006 (Tamil Nadu) – S. 19 (11) – there is no power conferred on any authority under the Act to dilute the mandatory requirement under Section 19(11). The taxing statute has to be strictly construed. ALD Automotive Pvt. Ltd. v. Commercial Tax Officer Now Upgraded As The Assistant Commissioner (CT), AIR 2018 SC 5235 : 2018 (13) Scale 725 C.A. No. 10412 of 2018 12-10-2018

Income Tax Act, 1961 – S. 10(20) – Exemption under – Urban Improvement Trust is not a Municipal Committee within the meaning of Section 10(20) Explanation (iii). Income Tax Officer v. Urban Improvement Trust, AIR 2018 SC 5085 : JT 2018 (10) SC 336 : 2018 (14) Scale 90 C.A. No. 10577 of 2018 12-10-2018

Insolvency and Bankruptcy Code, 2016 – S. 238A – Insolvency and Bankruptcy Code (Second Amendment) Act, 2018 – Section 5 of the Limitation Act may be applied to condone the delay in filing application under the Code. B.K. Educational Services Pvt. Ltd. v. Parag Gupta and Associates, AIR 2018 SC 5601 : 2018 (14) Scale 482 C.A. No. 23988 of 2017 11-10-2018

Interest – LIBOR is an average interest rate calculated from time to time, based on inputs given by major banks in London as to their interest rates. Vedanta Limited v. Shenzhen Shandong Nuclear Power Construction Company Limited, C.A. No. 10394 of 2018 11-10-2018

Penal Code, 1860 – Ss. 436, 429, 323 & 506 – Set fire to the house – could let loose the cattle, two buffaloes, one she calf and one off-spring of the buffalo sustained burn injuries and subsequently they died – complainant also got burn injuries in the said incident – Since the occurrence was of the year 2000 and taking note of the subsequent development that a compensation of Rs.9,00,000/- (Rupees Nine Lakhs) has been paid to the complainant, the sentence of imprisonment of seven years imposed upon the appellant is reduced to five years. Surender Singh v. State of Haryana, JT 2018 (10) SC 261 : 2018 (4) RCR (Criminal) 780 Crl.A. No. 914 of 2017 11-10-2018

Service Law – Termination and Recovery of the Benefits – the High Court is not justified in passing such an omnibus order. There is no case for anybody leave alone the writ petitioners that at the time of entry in service, the appellants played any fraud. There was no case that the petitioners therein had played any fraud in obtaining the certificate or employment. In any case the appellants, it is pointed out that, even assuming that they do not belong to Scheduled Caste or Scheduled Tribe, fall either under the most backward or under the backward category, who were also entitled to some reservation at the time of recruitment. Gajanan Marotrao Nimje v. Reserve Bank of India, 2018 (14) Scale 637 C.A. No. 10396 of 2018 11-10-2018

Criminal Law – Suspension of Sentence – Grant of Bail – there are cases involving the appellants prior to the incident and the accused are otherwise facing trial in those cases – one of the accused arising out of the same FIR has been released on bail – the appellants should be released on bail during the pendency of the appeals before the High Court. Pinku v. State of Uttar Pradesh, JT 2018 (10) SC 250 Crl.A. No. 1277 of 2018 11-10-2018

Penal Code, 1860 – Ss. 399 & 402 – Arms Act, 1959 – S. 25 – the incident is of 1980, when the appellant was a young boy and that there is no other criminal case against him, we are of the view that the sentence should be limited to the period already undergone. Iqbal v. State of Uttar Pradesh, 2018 (4) Crimes 120 : JT 2018 (10) SC 335 : 2018 (15) Scale 243 Crl.A. No. 1280 of 2018 11-10-2018

Penal Code, 1860 – S. 302 – in case the appellants have completed 14 years in jail, including the remission, subject to their jail conduct being satisfactory, they shall be released on bail, subject to such conditions as may be imposed by the trial court, pending a final decision for premature release. Mehboob v. State of Maharashtra, 2018 (4) Crimes 119 : JT 2018 (10) SC 303 : 2018 (14) Scale 476 Crl.A. No. 277 of 2016 11-10-2018

Penal Code, 1860 – Ss. 302/201 – the circumstance of recovery of the dead body allegedly based on the alleged confessional statement may raise a suspicion against the accused that he might be involved in the incident but mere suspicion itself cannot take itself the evidence of proof. Uppala Bixam @ Bixmaiah v. State of Andhra Pradesh, Crl.A. No. 1548 of 2010 11-10-2018

Limitation Act, 1963 – S. 5 – Delay of 349 days in filing the appeal – Dismissed. Mohd. Sahid v. Raziya Khanam, AIR 2018 SC 4724 : 2018 (14) Scale 162 C.A. No. 10379 of 2018 10-10-2018

Criminal P.C. 1973 – Ss. 161 & 162 – Penal Code, 1860 – S. 304 Part II – Evidence Act, 1872 – S. 32 – trial court did not commit any error in convicting the appellant. High Court while deciding the appeal has also analysed the evidence on record and has rightly dismissed the appeal. Pradeep Bisoi @ Ranjit Bisoi v. State of Odisha, AIR 2018 SC 4787 : 2018 (4) Crimes 110 : JT 2018 (10) SC 264 : 2018 (2) OLR 873 : 2018 (13) Scale 769  Crl.A. No. 1192 of 2018 10-10-2018

Criminal Conspiracy – How a case u/s. 120­A r/w. 120­B IPC is required to be made out by the prosecution with the aid of evidence ? Bilal Hajar @ Abdul Hameed v. State Rep. By The Inspector of Police, AIR 2018 SC 4780 : 2018 (4) Crimes 103 : JT 2018 (10) SC 251 : 2018 (14) Scale 11 Crl.A. No. 1305 of 2008 10-10-2018

Transfer of Property Act, 1882 – S. 58 (c) – To determine the nature of the document whether it is a mortgage by conditional sale or a sale deed with condition for reconveyance, the recitals in the document and the intention of the parties are relevant. Subhash Malhari Muneshwar v. Arvinde Anandrao Kadam, JT 2018 (10) SC 275 : 2018 (15) Scale 98 C.A. No. 6254 of 2010 10-10-2018

Service Law – Discontinuation – Caste – Scrutiny – benefits which have been granted as per the judgment cannot be taken away in collateral proceedings. S.G. Barapatre v. Ananta Gajanan Gaiki, JT 2018 (10) SC 316 C.A. No. 10387 of 2018 10-10-2018Penal Code, 1860 – S. 302 – victim is the real brother of the appellant – it is a case of a quarrel between two brothers and having regard to the fact that the appellant has, in any case, spent around 20 years of actual imprisonment, we direct the State to consider and take a decision on the premature release of the appellant. Suganlal v. State of Madhya Pradesh, 2018 (4) Crimes 119 Crl.A. No. 1059 of 2011 10-10-2018Penal Code, 1860 – S. 302 – victim is the real brother of the appellant – appellant has already served around 11 years in jail – direct the respondent/State, having regard to the peculiar factual circumstances available in this case, to consider the case of the appellant for premature release on completion of total sentence of 14 years including remission, as a special case. Raja v. State of Maharashtra, 2018 (4) Crimes 118 : JT 2018 (11 ) SC 297 Crl.A. No. 1419 of 2011 10-10-2018