19 Oct 2019 4:59 AM GMT

Ashok Kini

Supreme Court Monthly Digest-

September 2019
Prakash Sahu V. Saulal
The Supreme Court recently upheld a Trial Court order allowing the
plaintiff to lead evidence on insufficiently stamped unregistered
agreement of sale in his suit for recovery of earnest money said to be
paid by him at the time executing the agreement for sale.
Order VII Rule 11 CPC: Plaint Can Be Rejected When It Does
Not Disclose Clear Right To Sue
Colonel Shrawan Kumar Jaipuriyar @ Sarwan Kumar Jaipuriyar
V. Krishna Nandan Singh
The Supreme Court observed that a plaint can be rejected Order VII
Rule 11 of the Code of Civil Procedure, when it is manifestly
vexatious, meritless and groundless, in the sense that it does not
disclose a clear right to sue. The bench comprising of Justice Mohan
M. Shantanagoudar and Justice Sanjiv Khanna also observed that a
mere contemplation or possibility that a right may be infringed
without any legitimate basis for that right, would not be sufficient to
hold that the plaint discloses a cause of action.
HC Can't Interfere In The Manner Of Investigation In Exercise
Of Powers Under Section 482 CrPC
State of UP vs. Aman Mittal

The Supreme Court reiterated that the High Court, while exercising

jurisdiction under Section 482 of the Code, cannot interfere in the
manner of investigation. The Allahabad High Court, while disposing a
petition filed by accused under Section 482 CrPC had issued a slew of
directions, including the direction to change the investigating officer
and also to subject the erring officers/officials named in the
supplementary report to disciplinary action.

Legal Metrology Act Excludes Only Those Offence With Regard

To Weight Or Measure Under IPC

State of UP vs. Aman Mittal

The Supreme Court held that though Section 3 of the Legal Metrology
Act completely overrides the provisions of Chapter XIII of Indian
Penal in respect of the offences and penalties with regard to weight or
measure, but the prosecution for other offences under of IPC could be
maintained.

Mere Government Inefficiency Not A Ground For Delay

Condonation

State Of Odisha (Vigilance) V. Purna Chandra Kandi

The Supreme Court reiterated that mere government inefficiency
cannot be a ground for condoning the delay. While dismissing the
Special Leave Petition filed by the State of Odisha on the ground of
delay, the bench comprising Justice Sanjay Kishan Kaul and Justice
KM Joseph observed that it is for the state to 'put its own house in
order'.
138NI Act-Proceedings Cannot Be Quashed On The Ground That
Notice Not Served Within Statutory Period
Kishore Sharma vs. Sachin Dubey

The Supreme Court recently held that the proceedings under Section

138 of the Negotiable Instruments Act cannot be quashed on the
ground that the demand notice not duly served within the statutory
period.
The Real Point Is To Ascertain Which Contains The Truth: SC
On Divergent Dying Declarations
Jagbir Singh vs. State NCT of Delhi

The Supreme Court recently came across an appeal filed by a man

who was convicted for murder of his wife mainly relying on one of the
dying declaration made by the deceased implicating him. In the
Judgment disposing the appeal the bench comprising Justice Sanjay
Kishan Kaul and Justice KM Joseph summarized the principles to be
followed in cases were dying declaration is the sole evidence available

Dismisses Plea To Direct Central Government To Enact

Legislation Against Custodial Torture

Dr. Ashwani Kumar V. Union of India

The Supreme Court dismissed a plea of Former Law Minister and
Senior Advocate Dr. Ashwani Kumar, seeking a direction to Central
Government to enact a stand alone comprehensive legislation against
custodial torture.'
Relief Of Specific Performance Can Be Refused For Non
Performance Of An Essential Promise In Contract
Surinder Kaur (D) vs. Bahadur Singh (D)

The Supreme Court observed that a vendee who does not perform one
of the essential promises in a contract is not entitled to the
discretionary relief of specific performance of that very contract. The
bench comprising Justice Deepak Gupta and Justice Aniruddha Bose
observed that the payment of rent was an essential term of the contract
had failed to perform his part of the contract. A party cannot claim
that though he may not perform his part of the contract he is entitled to
specific performance of the same, the bench said.
Order IX Rule 9 CPC-Decree Against Plaintiff By Default Bars
Fresh Suit On Same Cause Of Action By Successor In Title
Mayandi V. Pandarachamy

The Supreme Court observed that the decree against plaintiffs by

default bars fresh suit on the same cause of action by their successor in
title. The bench comprising Justice Arun Mishra and Justice MR Shah
set aside a High Court order on the ground that in the previous suit
filed by vendors of the plaintiff; a similar relief was prayed. The said
suit was dismissed under the provisions of Order IX Rule 8 of the
CPC as the counsel for defendants was present and counsel for the
plaintiffs was absent.

Contract Act-'Undue Influence' Can't Be Inferred Merely

Because Family Member Was Taking Care Of Elderly Person

Raja Ram vs. Jai Prakash Singh

The Supreme Court, in a judgment delivered observed that 'undue
influence' in execution of contract cannot be inferred merely because a
family member was looking after his family elder.

Appointment Of Arbitrator: SC/HC Jurisdiction Confined To The

Examination Of Existence Of Arbitration Agreement

Mayavti Trading Pvt. Ltd. vs. Pradyuat Deb Burman

The Supreme Court held that, after introduction of Section 11(6A) to
the Arbitration and Conciliation Act, the jurisdiction of the Supreme
Court/High Court, while considering a petition to appoint arbitrator, is
confined to the examination of the existence of an arbitration
agreement
Economic Offences Constitute A Class Apart: SC Cancels Bail
Granted To Bhushan Steel Ltd CFO Nittin Johari
Serious Fraud Investigation Office V. Nittin Johari & Anr

While cancelling the bail granted to Nittin Johari, the Chief Financial
Officer and Whole Time Director (Finance) of Bhushan Steel Ltd.,
the Supreme Court reiterated that the economic offences constitute a
class apart and stringent view must be adopted while deciding bail
applications.
Executing Court Cannot Travel Beyond The Order Or Decree
Under Execution
S. Bhaskaran vs. Sebastian (Dead)

The Supreme Court reiterated a settled proposition that an executing

court cannot travel beyond the order or decree under execution. In the
appeal the bench comprising Justice NV Ramana, Justice Mohan M.
Shantanagoudar and Justice Ajay Rastogi observed that, by allowing
the Judgment Debtors to re-open the question of trusteeship by way of
an application in an execution petition, the High Court has gone
beyond the decree to be executed and exceeded its revisional
jurisdiction under Section 115 of the CPC.

A Party To An Agreement Cannot Be An Arbiter In His Own

Cause

M/S. Tulsi Narayan Garg V. The M.P. Road Development

Authority, Bhopal

The Supreme Court reiterated that a party to an agreement cannot be

an arbiter in his own cause. The bench comprising Justice NV
Ramana, Justice Indira Banerjee and Justice Ajay Rastogi observed
that as long as the dispute remained pending adjudication, it was not
justified on the part of the authorities to initiate recovery proceedings
invoking the procedure under the Land Revenue Act without awaiting
the outcome of the arbitral proceedings.
SC Enhances Compensation To Family Of Carpenter Who Died
In Accident
Chameli Devi & Ors. V. Jivrail Mian

What proof they can lead except to lead oral

evidence, remarked Supreme Court while enhancing the compensation
awarded to the family of a carpenter who died in an accident.
SC Orders 20 Lakhs Compensation To Compulsorily Retired
Judicial Officer
Yogesh M. Vyas V. Registrar, High Court Of Gujarat

The Supreme Court granted Rupees Twenty Lakhs compensation to a

former judicial officer who was compulsory retired. Penalty of
compulsory retirement was imposed on Yogesh M. Vyas while he was
working as Civil Judge (JD) and JMFC, Visnagar. Allegations against
him were of granting bail orders illegally and corruption.
Non Payment Of Debt After Issuance Of Recovery Certificate Not
A 'Continuing Wrong'
Vashdeo R Bhojwani V. Abhyudaya Co-Operative Bank Ltd

The Supreme Court held that non-payment of debt after the issuance

of recovery certificate cannot be regarded as a continuing wrong so as
to give rise to a continuing cause of action under the Limitation Act.
The bench of Justices R F Nariman and Surya Kant held so while
allowing an appeal against an order of NCLAT which allowed the
admission of an insolvency petition with respect to a financial debt.
Mere 'Simple Allegations' Of Fraud Does Not Make A Dispute
Non-Arbitrable
Rashid Raza vs. Sadaf Akthar

The Supreme Court reiterated that mere allegation of fraud simplicitor

may not be a ground to nullify the effect of arbitration agreement
between the parties. The bench comprising Justice Rohinton Fali
Nariman, Justice R. Subhash Reddy and Justice Surya Kant noticed
that two tests have been laid down in the judgment in A. Ayyasamy v.
A. Paramasivam.

Succession And Inheritance Of Goan Domicile Shall Be Governed

By Portuguese Civil Code

Jose Paulo Coutinho vs. Maria Luiza Valentina Pereira

The Supreme Court held that the rights of succession and inheritance
of a Goan domicile shall be governed by the Portuguese Civil Code,
1867 as applicable in the State of Goa. Rights of succession and
inheritance even in respect of properties of a Goan domicile situated
outside Goa, anywhere in India, will also be governed by the Code,
the bench comprising Justice Deepak Gupta and Justice Aniruddha
Bose has held.

Service Rendered In 'Work Charged' Establishment Should Be

Treated As Qualifying Service For Pension

Prem Singh V. State of U.P.

The Supreme Court held that services rendered in the work-charged
establishment should be treated as qualifying service for grant of
pension. The bench consisting of Justices Arun Mishra, Abdul Nazeer
and M R Shah delivered the judgment allowing the appeals filed by
employees against the Uttar Pradesh government.
No Attempt Made To Frame Uniform Civil Code Despite Judicial
Exhortation
Jose Paulo Coutinho V. Maria Luiza Valentina Pereira

The Supreme Court, in a judgment delivered, observed that no attempt

has been made yet to frame a Uniform Civil Code applicable to all
citizens of the country despite exhortations by it.
Protection From SARFAESI Act Not Available To 'Tenant-In-
Sufferance' : SC Clarifies Interplay Between SARFAESI And
Tenancy Laws

Bajarang Shyamsunder Agarwal vs. Central Bank Of India

Clarifying the interplay between laws of tenancy and debt recovery,
the Supreme Court held that protection from recovery proceedings
under the SARFAESI Act is not available to a 'tenant-in-sufferance',
i.e a tenant who continues to be in possession even after the expiry of
the lease period.

Non Recovery Of Weapon Of Assault Not Always Fatal To

Prosecution Case

Prabhash Kumar Singh vs. State of Bihar

The Supreme Court held that a prosecution case cannot be disbelieved
merely because the weapon of assault or the bullet was not recovered.
The main contention in the appeal before the Supreme Court against
concurrent conviction of the accused in a murder case was that the
medical evidence is inconclusive to connect killing of the deceased
victim with bullet injury. It was contended that the bullet or any part
thereof was also not recovered.

Grant Of Leave Is A Necessary Prerequisite To Entertain A Suit

Under Section 92 CPC
Bhupinder Singh vs. Joginder Singh (D)

The Supreme Court observed that in every suit filed under Section 92

of the Code of Civil Procedure the grant of leave is necessary before
the suit can be said to be properly instituted. Though the bench found
that the defendant was legally right that the suit could not have been
instituted without taking leave, it dismissed the appeal taking note of
the fact that the defendant had not raised the issue before the Trial
Court.
Consumer Forum Has Jurisdiction To Adjudicate Dispute
Concerning Validity Of Statutory Due Arising Out Of Deficiency
In Service

Punjab Urban Planning and Development Authority (Now GLADA)

vs Ram Singh

The Supreme Court held that determination of the dispute concerning

the validity of the imposition of a statutory due arising out of a
"deficiency in service", can be undertaken by the consumer fora as per
the provisions of the Consumer Protection Act. A three judge bench
comprising of Justice NV Ramana, Justice Mohan M.
Shanthanagoudar and Justice Ajay Rastogi was answering a reference
from a two judge bench which had doubted the correctness of the
judgment in HUDA vs. Sunita, (2005) 2 SCC 479.

Acquittal By Criminal Court Does Not Preclude Departmental

Inquiry Against Delinquent Officer

Karnataka Power Transmission Corporation Limited vs. C.

Nagaraju

The Supreme Court reiterated that acquittal by a Criminal Court does

not preclude a Departmental Inquiry against the delinquent officer and
the Disciplinary Authority is not bound by the judgment of the
Criminal Court if the evidence that is produced in the Departmental
Inquiry is different from that produced during the criminal trial. The
bench comprising Justice L. Nageswara Rao and Justice Hemant
Gupta observed thus while setting aside the High Court that had
quashed a dismissal order of an employee on the ground that it could
not have been passed since he was honourably acquitted by the
Criminal Court.
Burden Of Proof Ordinarily Rests On Those Who Attack The
Deed
Ali Hussain(D) vs. Rabiya

The Supreme Court reiterated that the burden of proof rests ordinarily

on those who attack the deed. he bench comprising Justice NV
Ramana, Justice Mohan M. Shantanagoudar and Justice Ajay Rastogi
noted that there are no pleadings in support that the plaintiff was a
pardanasheen illiterate lady and was entitled for protection of law and
the burden was on the defendant to prove that the alleged power of
attorney was the result of fraud.
Appellate Authority Cannot Override Mandatory Statutory
Requirements Of Pre-Deposit To Maintain Appeal
Tecnimont Pvt. Ltd. vs. State of Punjab

While upholding Section 62(5) of Punjab Value Added Tax Act, the
Supreme Court observed that the Appellate Authority cannot override
statutory requirement of pre-deposit when the statute mandates that no
appeal can be entertained unless such requirement is satisfied.

Shebait/Archak Duty bound To Protect Temple Property; Cannot

Usurp It For Their Own Gains

Sri Ganapathi Dev Temple Trust V. Balakrishna Bhat

The Supreme Court observed that it is the bounden duty of the shebait,
archak to protect the temple property, and they cannot usurp such
property for their own gains. Allowing the appeal, the bench
comprising Justice NV Ramana, Justice Mohan M. Shantanagoudar
and Justice Ajay Rastogi observed that the appellant temple has the
right, through its present managing trustee, to undertake proceedings
for the benefit of the idol for having such wrongful entries set aside,
and such wrongful entries would not be binding on the temple.
Refund Claim U/s 27 Customs Act Cannot Be Entertained Unless
Order Of Assessment Or Self-Assessment Is Modified
ITC Limited vs. Commissioner Of Central Excise

The Supreme Court has held that the claim for refund under Section
27 of the Customs Act cannot be entertained unless the order of
assessment or self-assessment is modified in accordance with law by
taking recourse to the appropriate proceedings. The bench comprising
Justice Arun Mishra, Justice Navin Sinha and Justice Indira Banerjee
observed that in case any person is aggrieved by any order which
would include self-assessment, he has to get the order modified under
Section 128 or under other relevant provisions of the Act and that it
would not be within the ken of Section 27 to set aside the order of self
assessment and reassess the duty for making refund.

Benefit Of Doubt: SC Acquits 'Wife' Accused Of Murdering Her

'Husband'

Gargi V. State of Haryana

Setting aside concurrent convictions by the High Court and Trial
Court, the Supreme Court acquitted a woman accused of murder of
her husband. Gargi was accused of murder of her husband Tirloki
Nath by strangulation. The prosecution case was that, with the help of
her brothers, she allegedly hanged the dead body in one of the rooms
in the house, as if it were a case of suicide. The Trial Court accepted
this version and had convicted Gargi and her brothers.
NDPS Act- Court Should Be Satisfied That Confession Is
Voluntary And Accused Was Apprised Of His Rights
Mohammed Fasrin vs. State

The Supreme Court has observed that, even if confessions made to

investigating officers are held to be admissible under Section 67 of the
NDPS Act, the Court has to be satisfied that it is a voluntary
statement, free from any pressure and also that the accused was
apprised of his rights before recording the confession. In, the
conviction of the accused under the Narcotic Drugs and Psychotropic
Substances Act, 1985, was mainly based on the confessional statement
he and his co-accused had made to the investigating officer.

There Is No Concept Of Negative Equality Under Article 14 Of

Constitution State of Odisha vs. Anup Kumar Senapati

The Supreme Court has observed that there is no concept of negative

equality under Article 14 of the Constitution of India.The bench
comprising Justice Arun Mishra, Justice S. Abdul Nazeer and Justice
MR Shah observed thus while considering an appeal wherein the issue
whether the employees are entitled to claim grant-in-aid as admissible
under the Orissa (Non-Government Colleges, Junior Colleges and
Higher Secondary Schools) Grant-in-aid Order, 1994 after its repeal in
the year 2004.

Article 14- Classification Should Never Be Arbitrary, Artificial Or

Evasive

Vasant Ganpat Padave (D) vs. Anant Mahadev Sawant (D)

While reading down Section 32-F of Maharashtra Tenancy and
Agricultural Lands Act, the Supreme Court reiterated that while the
law may recognise 'degrees of harm', but the classification should
never be arbitrary, artificial or evasive. The bench of Justice Rohinton
Fali Nariman, Justice R. Subhash Reddy and Justice Surya Kant was
concerned with the interpretation of Section 32-F of Maharashtra
Tenancy and Agricultural Lands Act, 1948. It held that Section 32-F
to be read in conformity with Article 14 of the Constitution of India
Conducting Separate Interviews For General And Reserved
Category Candidates Wholly Illegal
Pradeep Singh Dehal vs. State of Himachal Pradesh

The Supreme Court observed that the process of conducting separate

interviews for general and reserved category candidates is wholly
illegal. The bench comprising Justice L. Nageswara Rao and Justice
Hemant Gupta observed thus while taking note that separate
interviews were conducted in respect of appointment to the post of
Assistant Professor in the Department of Education in the
International Centre for Distance Education and Open Learning,
Shimla.

Courts Can Interfere With Administrative Actions Only If It

Suffers From Vice Of Illegality, Irrationality Or Procedural
Impropriety
Municipal Council Neemuch vs. Mahadeo Real Estate

The Supreme Court reiterated that while exercising its powers of

judicial review of administrative action, Courts could not interfere
with the administrative decision unless it suffers from the vice of
illegality, irrationality or procedural impropriety. The bench
comprising Justice Arun Mishra, Justice MR Shah and Justice BR
Gavai observed thus while setting aside a Madhya Pradesh High Court
judgment that had interfered with an order passed by Revenue
Commissioner of Ujjain in a matter of issuing tenders for allotment of
land on lease, for a period of 30 years.
Specific Performance: Self-Serving Statements On Income
Without Any Proof Of Financial Resources Won't Suffice To
Prove Readiness & Willingness

Ritu Saxena v. J.S. Grover

The Supreme Court observed that self-serving statements on income
without any proof of financial resources is not sufficient to prove that
plaintiff in a suit for specific performance was ready and willing to
perform her part of the contract.
Larger Public Interest: SC Upholds Withdrawal Of Excise Duty
Exemption For Pan Masala
Union of India vs. Unicorn Industries

The Supreme Court upheld the withdrawal of the exemption from

payment of Excise Duty to the pan masala with tobacco and pan
masala sans tobacco by the Central Government observing that the
same is in the larger public interest. The three judge bench comprising
of Justice Arun Mishra, Justice MR Shah and Justice BR Gavai
termed the judgment of the Division bench of Sikkim High Court
'totally erroneous' and 'shocking'.
Sec 3J Of National Highways Act, To The Extent It Excludes
Solatium & Interest As Per Land Acquisition Act,
Unconstitutional

Union of India & ors v. Tarsem Singh and ors.

The Supreme Court has declared Section 3J of the National Highways
Act 1956, to the extent it excludes solatium and interest as per Land
Acquisition Act 1894 to acquisitions done under the NH Act to be
unconstitutional. "We, therefore, declare that the provisions of the
Land Acquisition Act relating to solatium and interest contained in
Section 23(1A) and (2) and interest payable in terms of section 28
proviso will apply to acquisitions made under the National Highways
Act.

Disability Pension Is Not Admissible When Army Officer

Sustained Injuries During Household Acts

The Secretary, Government of India vs Dharambir Singh

The Supreme Court held that an army official is entitled to disability
pension only if the disability is attributable to or aggravated by
military service. On this reasoning, the bench comprising Justices L
Nageswara Rao and Hemant Gupta set aside the judgment of Armed
Forces Tribunal (Chandigarh bench) which granted disability pension
to an official for injuries sustained by him in an accident while going
in a scooter to purchase household materials.

NGOs 'Substantially Financed' By Government Amenable To RTI

Act

D.A.V. College Trust And Management Society vs. Director Of

Public Instructions

In an important judgment delivered today, the Supreme Court has held

that non-governmental organisations [NGO] substantially financed,
whether directly or indirectly, by the appropriate government fall
within the ambit of 'public authority' under Section 2(h) of the Right to
Information Act, 2005.
Section 138 NI Act- No Provision For Consolidation Of Multiple
Cases Arising Out Of Single Notice
Vani Agro Industries V. State of Gujarat
While refusing a plea to consolidate multiple cheque bounce cases
against the accused which emanated from a single notice, the Supreme
Court observed that there is no provision of consolidation of cases in
the Code of Criminal Procedure.
SC Allows Woman To Proceed With Complaint Filed U/s 498A
IPC At The Place She Was Residing
Priti Kumari vs. State of Bihar

Reiterating its view on the jurisdiction of courts entertaining

complaints under Section 498A IPC, the Supreme Court allowed a
woman to proceed with her complaint filed in a Court at the place
where she was residing. The bench comprising Justice Deepak Gupta
and Justice Aniruddha Bose, while allowing the appeal against the
order of the High Court which held that no cause of action has arisen
where she was residing, observed that the matter is squarely covered
by the judgment in Rupali Devi v. State of U.P.

"A Judge Is Also Judged By the Quality And Purity of His

Character", SC Upholds Dismissal Of Magistrate Who Passed
Favourable Orders For A Lady Lawyer
Shrirang Yadavrao Waghmare V. State of Maharasthra

Refusing to show any leniency to a Magistrate who was dismissed

from service for passing certain judicial orders in favour of clients and
relatives of a lady lawyer, with whom he allegedly had proximate
relationship, the Supreme Court observed that the Judicial Officers
must possess impeccable integrity in their public and personal life.
Succession To Mutawalliship By Descendant Through Female
Line Not Barred
Md. Abrar vs. Meghalaya Board of Wakf
The Supreme Court held that there is no legal bar on cognatic heirs of
the waqif from succeeding to mutawalliship. The bench comprising
Justice NV Ramana, Justice Mohan M. Shantanagoudar and Justice
Ajay Rastogi reiterated that in order to establish a claim of hereditary
succession to mutawalli-ship, the intention of the waqif, as manifested
either through the directions given in the waqf deed or the creation of
a custom, is of paramount importance.

Female Descendant Cannot Be Mutawalli If Wakif Intended To

Exclude Them

Syeda Nazira Khatoon (D) vs. Syed Zahiruddin Ahmed Baghdadi

The Supreme Court observed that, though women can also hold the
office of Mutawalli under Mohammedan law, but if the wakif intended
to create the Mutawalliship only in favour of male descendants, a
female descendant cannot stake any claim to the Mutawalliship of the
wakf estate. The bench comprising Justice NV Ramana, Justice
Mohan M. Shantanagoudar and Justice Ajay Rastogi observed thus
while affirming the cancellation of the appointment of one Nazira
Khatoon as the permanent Mutawalli of a wakf estate.
Specific Performance- Illegal Agreement To Sell Can't Be
Enforced In Favour Of Plaintiff
Narayanamma vs. Govindappa

The Supreme Court observed that an agreement contrary to law cannot

be enforced by the court in favour of plaintiff in a suit for specific
performance, even if the defendant, who was also party to such
illegality stands benefitted by it.

Police Cannot Attach Immovable Property Under Sec.102 CrPC

During Investigation
Nevada Properties Private Limited V. State Of Maharashtra And
Anr
The Supreme Court held that police does not have the power to attach
immovable property during investigation under Section 102 of the
Code of Criminal Procedure. The judgment was delivered by the
bench comprising CJI Ranjan Gogoi, Justices Deepak Gupta and
Sanjiv Khanna. However, police does have authority to freeze
moveable properties of the accused, clarified the bench.
Crucial Date For Deciding Bonafide Requirement Of Landlord Is
The Date Of Application For Eviction
D. Sasi Kumar vs. Soundararajan

The crucial date for deciding the bonafide requirement of landlord is

the date of application for eviction, the Supreme Court reiterated. The
High Court, in this case, while setting aside the concurrent eviction
orders passed by Rent Control Authorities under, had observed that
the bonafide occupation as sought should be not only on the date of
the petition but it should continue to be there on the date of final
adjudication of rights.
Section 34 Arbitration Act- Additional Evidence Can Be Adduced
Only In Exceptional Cases
Canara Nidhi Limited vs. M. Shashikala

The Supreme Court held that proceedings under Section 34 of

Arbitration and Conciliation Act will not ordinarily require anything
beyond the record that was before the arbitrator and only in
exceptional case, additional evidence can be permitted to be adduced.
The bench comprising Justice R. Banumathi and Justice AS Bopanna
was considering an appeal against a High Court order which grant
opportunity to a party to Section 34 Proceedings to adduce additional
evidence.
Chief Judicial Magistrates Competent To Entertain Applications
U/s 14 SARFAESI Act
Authorized Officer, Indian Bank v D Visalakshi and other

In an important judgment, the Supreme Court held that a Chief

Judicial Magistrate is equally competent to deal with the application
moved by the secured creditor under Section 14 of the Securitisation
and Reconstruction of Financial Assets and Enforcement of Security
Interest Act (SARFAESI).
Section 138 NI Act: Legal Heirs Of Deceased Convict Can
Challenge Conviction
M. Abbas Haji vs. T.N. Channakeshava

The Supreme Court held that legal heirs of a deceased accused

convicted under Section 138 of Negotiable Instrument Act have a
right to challenge the conviction of their predecessor only to show that
he was not guilty of any offence.

Donee Not Required To Examine Attesting Witness If There Is No

Specific Denial Of Execution Of Gift

Govindbhai Chhotabhai Patel vs. Patel Ramanbhai Mathurbhai

The Supreme Court held that, when the execution of the gift deed was
not specifically denied in the suit filed, it is not necessary for the
Donee to examine one of the attesting witnesses in terms of proviso to
Section 68 of the Indian Evidence Act, 1872.
Section 102 CrPC- Expression 'Any Property' Does Not Include
'Immovable Property'
Nevada Properties Private Limited Vs. State Of Maharashtra
The Supreme Court held that the expression 'any property' appearing
in Section 102 of the Code of Criminal Procedure would not include
'immovable property'. The bench comprising Chief Justice Ranjan
Gogoi, Justice Deepak Gupta and Justice Sanjiv Khanna observed thus
while holding that a power of a police officer under Section 102 of the
Criminal Procedure Code to seize any property, which may be found
under circumstances that create suspicion of the commission of any
offence, would not include the power to attach, seize and seal an
immovable property.

IBC- Article 137 Limitation Act Applies To Section 7

Applications; Not Article 62

Gaurav Hargovindbhai Dave Vs. Asset Reconstruction Company

(India) Ltd.

The Supreme Court held that Article 62 of the Limitation Act would

only apply to suits and not to "an application" which is filed under
Section 7 of the Insolvency and Bankruptcy Code, which would fall
only within the residuary Article 137.

Rent Controller's Power To Strike Out Defence Of Tenant On

Failure To Pay Rent Is Discretionary

Dina Nath (D ) vs. Subhash Chand Saini

The Supreme Court held that the power to strike out the defence
vested in the Rent Controller under Section 15(7) of the Delhi Rent
Control Act, 1958 is discretionary and not mandatory. Mere failure to
pay rent on the part of the tenant is not enough to justify an order
striking out the defence and it is only a wilful failure or deliberate
default or volitional of non-performance that can call for the exercise
of the extraordinary power vested in the Court, the bench comprising
Justice Arun Mishra, Justice MR Shah and Justice Ajay Rastogi held.
Father's Self Acquired Property Given To Son By Will/Gift
Retains Character Of Self Acquired Property Unless The Deed
Intends Otherwise

Govindbhai Chhotabhai Patel and ors v Patel Ramanbhai

Mathurbhai

The Supreme Court held that as per Mitakshara Law of Succession,

father's self-acquired property given to son by way of Will/gift will
retain the character of self acquired property and will not become
ancestral property, unless a contrary intention is expressed in the
testament.The bench comprising Justices L Nageswara Rao and
Hemant Gupta was dealing with an appeal from the High Court of
Gujarat.
Right Of Minority Educational Institutions Not Absolute; Are
Amenable To Regulations
Andhra Kesari College of Education & Anr V. State of Andhra
Pradesh & Ors
While turning down the plea challenging certain G.O.Ms issued by
Government of Andhra Pradesh, the Supreme Court observed that the
right of minority institutions is not absolute, and is amenable to
regulation and that the protection granted to Minority Educational
Institutions to admit students of their choice is subject to reasonable
restrictions.
Medium Of Instruction Of School Irrelevant To Discover
Whether It Is A Linguistic Minority Institution Or Not
Chandana Das (Malakar) v. State of West Bengalwhile

The Supreme Court observed that the medium of instruction, whether

it be Hindi, English, Bengali or some other language would be wholly
irrelevant to discover as to whether the said school was founded by a
linguistic minority for the purpose of imparting education to members
of its community. The bench comprising Justice Rohinton Fali
Nariman, Justice R. Subhash Reddy and Justice Surya Kant made this
observation answering reference made to it after a division bench
delivered split verdict in an appeal against the judgment of Calcutta
High Court.
Date Of Default Alone Is Relevant For Triggering Limitation For
Winding Up Petition: SC Dismisses IL&FS Petition Against La-
Fin

Jignesh Shah & Anr. V. Union of India

The Supreme Court held that the the date of default alone is relevant
for the limitation of filing of a winding up petition against a company.
It cannot be said that the limitation period will start only after the
company has gone into commercial insolvency or has lost the
substratum of its business, added the Court.

Fundamental Right Of Minorities To Administer Educational

Institutions Cannot Be Waived

Chandana Das (Malakar) v. State of West Bengal

The Supreme Court reiterated that the fundamental right of Minorities
under Article 30 of the Constitution of India to administer educational
institutions cannot be waived. The bench comprising Justice RF
Nariman, Justice R.Subhash Reddy and Justice Surya Kant was
answering a reference which arose out of a split judgment by division
bench (Justice TS Thakur and Justice R Banumathi) in which one of
the judges (Justice Banumathi) held that the school having accepted
the special constitution in terms of Rule 8(3) of the Rules, the school
is estopped from contending that it is a minority institution governed
by special rules to be framed by the State under Rule 33 of the Rules.
Concession In Law Made By Lawyer Not Binding On
Client[Director Of Elementary Education,
Odisha & Ors. V. Pramod Kumar Sahoo

The Supreme Court observed that concession by a counsel (lawyer) as

to matters of law before a Court is not binding on the client. In this
case, Odisha Administrative Tribunal had allowed an application filed
by Pramod Kumar Sahoo, a Teacher. In his OA, the applicant had
claimed that he is entitled to pay scale of Rs.840 to Rs.1240 from the
very day of his appointment and pay scale of Rs. 1080-1800 after
Orissa Revised Scales of Pay Rules, 1989 as amended in the year
1990.

A Plaintiff Can Claim Title To The Property Based On Adverse

Possession

Krishnamurthy S. Setlur (D) vs. O. V. Narasimha Setty (D)

A plaintiff can claim title to the property based on adverse possession,
the Supreme Court reiterated. In this case, the appeal arose from a suit
filed by a plaintiff who claimed that he was in possession of the land
from 1963 to 1981 claiming ownership as against defendant and that
his possession had matured into title.

Witnesses To Sale Deed/Will Need Not Necessarily Know Its

Contents

Hemkunwar Bai vs. Sumersingh

The Supreme Court observed that the witnesses to documents such as
Sale Deeds and Wills need not necessarily know what is contained in
them. The plaintiff in the suit had prayed for a declaration that she be
declared to be the owner in possession of the suit property and also
prayed that the defendants be injuncted from interfering in her
possession. It was contended that the two sale-deeds and the Will in
favour of defendants are sham and fraudulent documents and not
binding upon her. The Trial Court decreed the Suit. However, the
High court dismissed the Suit allowing the appeal filed by the
defendants.
Issue Of Invalidity Of Sanction To Be Raised During Trial, Not At
Stage Of Discharge Application
Central Bureau of Investigation (CBI) Vs. Pramila Virendra Kumar
Agarwal
The Supreme Court held that though the absence of sanction can be
agitated during stage of discharge application, but the issue of
invalidity of the sanction is to be raised during the trial.

NDPS Act - Non Production Of Entire Contraband By Itself Not

A Ground For Acquittal

State of Rajasthan V. Sahi Ram

The Supreme Court held that non-production of contraband material,
by itself, is not a ground for acquittal, if its seizure is otherwise
proved. On this ground, the bench of Justices U U Lalit and Vineet
Saran set aside the acquittal ordered by the High Court in a case under
Narcotic Drugs and Psychotropic Substances Act 1985.

[Exception 4 To Section 300 IPC] Accused Party Armed With

Weapons Can't Claim the Benefit Of Sudden Fight

Guru @ Gurubaran vs. State

The Supreme Court observed that when the accused party came armed
at the scene of crime, it clearly indicates that the occurrence did not
take place in the heat of passion, upon a sudden quarrel to claim the
exception 4 to Section 300 IPC. In this appeal the contention of the
accused convicted for murder was that the offence was not of murder
but may amount to culpable homicide not amounting to murder and
that the case would fall within Exception 4 to Section 300 IPC.
Is A Wife Divorced By Husband On Ground Of Desertion
Entitled To Maintenance ? SC Answers
Dr. Swapan Kumar Banerjee vs. State of WB

The Supreme Court observed that a wife, who has been divorced by

the husband, on the ground that the wife has deserted him, is entitled
to claim maintenance under Section 125 of the Code of Criminal
Procedure. The bench comprising Justice Deepak Gupta and Justice
Aniruddha Bose, refusing the plea to refer this issue to a larger bench,
observed that this view has been consistently taken by the Supreme
Court and is in line with both the letter and spirit of the Criminal
Procedure Code.

Land Used For Quarrying Not Exempted From Applicability Of

Kerala Land Reforms Act

KH Nazar vs. Mathew K. Jacob

The Supreme Court upheld the Judgment of Kerala High Court that
the land which is used for quarrying is not covered by the expression
'commercial site' and therefore not exempted from the applicability of
the Kerala Land Reforms Act, 1963.
Other Significant Orders And Proceedings

 The bench of Justices R Bhanumati and A S Bopanna refused

anticipatory bail to P Chidambaram in the case registered by
Enforcement Directorate alleging money laundering in
connection with INX Media FDI transaction.
 Directed the Uttar Pradesh Government to constitute a Special
Investigation Team(SIT) to investigate the sexual harassment
allegations made by an LLM student against senior BJP leader
 and former Union Minister Swami Chinmayanand. The order
was passed by the bench of Justices R Banumathi and A S
Bopanna in a suo moto case taken on the news reports about
LLM student going missing after she had accused Swami
Chinmayanand.
 Issued notice in a civil appeal filed by the 'Committee Of
Creditors' (CoC) of 'Amtek Auto Limited' and stayed the
liquidation order passed by the NCLAT.
 Issued notice to the Centre and the States in a public interest
litigation seeking proper implementation of the Gram
Nyayalayas Act, 2008 (the Act). The matter was listed before the
bench of Justices NV Ramana and Ajay Rastogi.
 Issued notice to the Centre and the States in a public interest
litigation seeking proper implementation of the Gram
Nyayalayas Act, 2008 (the Act). The matter was listed before the
bench of Justices NV Ramana and Ajay Rastogi.
 Issued notice on plea seeking measures to curb violence against
hospitals, doctors
 Criticized the call for strikes made by Bar Associations of
Allahabad and Oudh observing that they are "not supposed to
settle their demands by resorting to strikes which may lead to
nothing but delaying the justice to litigants".
 The Constitution Bench hearing the Ayodhya-Babri case issued
notice to one Professor Shanmugham in the contempt petition
filed by Senior Advocate Rajeev Dhavan.]The Court however
dispensed with the personal appearance of the Professor.
 Took note of the 'conflict between increasing number of cars and
dwindling availability of land' which had aggravated problem of
parking spaces in Delhi. Addressing the same, the court gave out
a series of directions to the concerned authorities of the Delhi
Government yesterday.
 Expressing anguish over the tussle between the National
Commission for Protection of Child Rights (NCPCR) and West
 Bengal Commission for Protection of Child Rights (WBPCR) in
a child trafficking case in West Bengal, the Supreme Court said "
it is sad that both of you can't come to a conclusion for the
welfare of the poor girls."A bench of Justices Deepak Gupta and
Aniruddha Bose observed : " It is very unfortunate that two
statutory bodies are fighting like this."
 Sought response from the NBCC on whether it is willing to give
a revised proposal to complete the stalled projects of Jaypee
group. A bench of justices A M Khanwilkar and Dinesh
Maheshwari issued notice to the National Buildings Construction
Corporation Limited (NBCC) and sought its reply by Thursday.
 The Constitution Bench agreed to look into the incident of attack
on Iqbal Ansari, one of the litigants in the Ayodhya-Babri
Masjid case.
 Ordered the shifting of Kashmir politician M Y Tarigami, who is
under detention, to AIIMS Delhi.The order was passed in a
petition filed by CPI(M) general secretary Sitaram Yechury
challenging the detention of Tarigami, a four time MLA from
Kulgam constituency in the now dissolved J&K assembly.
 Allowed Iltija, daughter to former Jammu and Kashmir Chief
Minister Mehbooba Mufti, to travel to Srinagar to meet her
detained mother.The CJI-led bench however said that the
permission was tonly to meet her mother in Srinagar. So far as
her prayer to allow moving around in other parts of Kashmir is
concerned, she can do so subject to the permission of authorities,
added the bench.
 Declining to pass any orders, the Supreme Court adjourned till
September 16 the hearing of petitions challenging the curfew
measures imposed in Jammu and Kashmir following the
abrogation of the state's special status.
 Observed that the order of the High Court admitting a second
appeal should specifically state what are the substantial questions
of law on which the appeal is admitted. The bench comprising
 Justice Deepak Gupta and Justice Aniruddha Bose set aside a
High Court order on the ground that during hearing of the second
appeal finally questions of law were not framed and they were
formulated only in the judgment.
 Issued notice on a petition challenging the constitutional validity
of Unlawful Activities (Prevention) Amendment Act 2019,
which enabled the Centre to designate individuals as terrorist.
 Expressing dissatisfaction with the non-compliance of the
demolition order passed against flats in Maradu, Kochi for CRZ
violation, the Supreme Court called upon the Kerala
Government to carry out the directions by September 20.
 The bench of Chief Justice of India (CJI) Ranjan Gogoi and
Justice Ashok Bhushan dismissed a PIL seeking to restrict
Members of Parliament (MP) and Members of Legislative
Assembly (MLA) from practising legal profession till they demit
their office.
 The bench of Justices Deepak Gupta and Aniruddha
Bose granted CBI a further extension of 2 weeks to complete its
probe into the road crash which left the Unnao rape survivor and
her lawyer severely injured and killed two of her relatives.