When promisee makes it difficult for promisor to fulfill his promise, promisor cannot be blamed for non fulfillment of promise - Reference to section 67 of the Indian ContractAct. When execution of contract is made difficult for the contractor by the other party, contractor is not guilty of abandonment of Shripati Lakhu Mane v. The Member Secretary, Maharashtra Water Supply And Sewerage Board & Ors. [ Dt. : 30.03.2022 ] Justice Hemant Gupta & Justice V. RamasubramanianExclusion of one of the natural heirs in a Will cannot by itself become a ground to suspect its validity. Prin- ciple of equality contemplated under Article 14 of Constitution not to be applied to a Will. ere Swarnalatha & Ors. v. Kalavathy & Ors. Justice Hemant Gupta & Justice V. RamasubramanianEnhancement of compensation for land acquired in 2008 by placing reliance on award granted for land acquired in 2011, not proper. Consent Award passed in one land acquisition case cannot be relied upon to determine _ compensation in a different acquisition case. Special Land Acquisition Officer and Ors. v. N. Savitha Justice M.R. Shah & Justice B.V. Nagarathna [Dt. 22.03.2022]Magistrate ought not to entertain a criminal complaint under Section 156 (3) without affidavit. This is because in many cases such applications are filed in a routine manner only to harass certain persons. Requirement of filing affidavit ensures that persons making the application are deterred from doing so, in as much as, if the affidavit is found to be false, the person would be liable for prosecution.A complaint under Section 138 of NI Act filed on behalf of the complainant-company, relating to cheque dishonour, should con- tain averment to the effect that the person filing the complaint is authorized by the complainant-company and has knowledge of the transaction in question, so as to maintain the complaint. However, dismissal of the complaint at the threshold would not be justified if there is dipute regarding authorisation of the person filing it or his/her lack of knowledge of the transaction. These issues can be considered in trial. ea Ry els) M/s TRL Krosaki Refractories Ltd. v. M/s SMS Asia Private Limited & Anr. Chief Justice of India N.V. Ramana, Justice A.S. Bopanna & Justice Hima KohliDenial of compassionate appointment to child born from second wife of a Hindu deceased employee was violative of Articles 14 and 16(2) of the Constitution. Once Section 16 of the Hindu Marriage Act regards a child born from a marriage entered into while the earlier marriage is subsisting to be legitimate, it would violate Article 14 if the policy excludes such a child from seeking compassionate appointment. Further, it would lead to discrimination on the ground of descent, which is expressly prohibited under Article 16(2). Mukesh Kumar & Anr v. The Union of India & Ors. [Dt. 24.02.2022] Justice Uday Umesh Lalit, Justice S. Ravindra Bhat & Justice Pamidighantam Sri NarasimhaAuction sale of mortgaged property Having failed to apply to the Recovery Officer to set aside auction sale on grounds of material irregularity, mistake or fraud, within 30 days from the date of sale of immovable property, it was not open for the borrower to challenge the sale on the ground of material irregularity. Deenadayal Nagari Sahakari Bank Ltd. & Another v. Munjaji and others eran Reyes Justice M.R. Shah & Justice B.V. NagarathnaINSURANCE CLAIM Theft of vehicle - Delay in informing insurance company When complainant had lodged FIR immediately after the theft and when police had arrested the accused and also filed challan before the concerned Court, and when the claim of the insured was not found to be not genuine, Insurance Company could not have repudiated the claim merely on the ground that there was a delay of 5 months in intimating the Insurance Company about the occurrence of the theft. Jaina Construction Co. v. The Oriental Insurance Company Ltd. & Anr. Justice Sanjiv Khanna & Justice Bela M. Trivedi [Dt. 11.02.2022]ACCIDENT CLAIM Application of multiplier for determining compensation depends on age of the deceased at the time of death and not on the years left in employment. Therefore it was not relevant that 3 years were left in victim's retirement. R. Valli & Ors. v. Tamil Nadu State Transport Corporation Ltd. Justice Hemant Gupta & Justice V. Ramasubramanian Dt. 10.02.20221 ae Specific Relief Act Obtaining decree in a suit for specific performance for an agreement to sell property, having knowledge of prior sale of same property in favour of bonafide purchaser, is notjustified. [Dt.17.01.2022] | Seethakathi Trust Madras v. Krishnaveni Justice Sanjay Kishan Kaul & Justice M.M. SundreshPROPERTY LAWS/ HINDU LAWS Hindu Succession Act, 1956 Where limited estate is given to wife for her maintenance that would mature into an absolute estate under Section 14(1). But, where Will creates an independent and new title in favour of female for the first time and same is not a recognition of a pre-existing right, sub-section (2) of Section 14 would apply. In such cases, there will be no fetter on a Hindu male owner of property to give a limited estate to his wife. A Hindu woman is not required to be in actual or physical possession of the property to claim benefit of Section 14(1). Jogi Ram v. Suresh Kumar & Ors. [ Dt.: 01.02.2022 ] ETT Malem RS Tue Coo)COMPROMISE DECREE According to Order XXIII Rule 3A CPC no suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful. An agreement or compromise which is void or voidable shall not be deemed to be lawful and the bar under Rule 3A shall be attracted. In such a case, the only remedy available to a party is to approach the same court, which recorded the compromise. M/s. Sree Surya Developers and Promoters v. N. Sailesh Prasad & Ors. Justice M.R. Shah & Justice Sanjiv Khanna [Dt. 09.02.2022]Whether an unstamped document confaining arbitration agreement can be acted upon ? Click the link to find out out what Supreme Court said in Inter Continental Hotels Group (India) Pvt. Ltd. & Anr. v. Waterline Hotels Pvt. Ltd. decided on 25th of Jan 20222 Chief Justice of India N.V. Ramana, Justice Surya Kant & Justice Hima KohliSpecific Relief Act, 1963 “Readiness and willingness” of plaintiff to perform his part of the contract is the condition precedent to obtain the relief of specific per- formance. “Readiness” refers to financial capacity and “willingness” refers to the conduct of the plaintiff wanting the performance. To assess “readiness and willingness”, it is not only necessary to see plainitffs financial capacity to pay the balance consideration under the contract but also his conduct throughout the transaction. PUR Ely ys] Shenbagam & Ors. v. KK Rathinavel Justice Dr. Dhananjaya Y. Chandrachud & Justice A.S. BopannaCHILD CUSTODY In a petition for writ of habeas corpus filed by a parent for obtaining custody of a minor child brought by the other parent to India from his native place abroad, Writ Court can- not direct the other parent to return to the foreign country along with the minor child as that will infringe the right to privacy of the other parent. Vasudha Sethi & Ors. v. Kiran V. Bhaskar & Anr. [Dt. 12.01.2022] Justice Ajay Rastogi & Justice Abhay S. OkaDowry! Prohibition Act; 1964 Money demanded|by in-laws for construction of, al house is to be treated as dowry demand: State of Madhya Pradesh v. Jogendra & Anr. Chief Justice of India N.V. Ramana, Justice A.S. Bopanna & Justice Hima KohliHigh Court erred in releasing accused on bail by way of interim relief. Atthe interim relief stage, observation on the sanction to prosecute/invoke the provisions of MCOCA was also unwarranted. High Court did not con- sider the seriousness of the offences and virtually ac- quitted the accused for offence under the MCOCA at the interim relief stage, which was wholly impermissible. The State of Maharashtra v. Pankaj Jagshi Gangar [Dt. 3.12.2021] Justice M.R. Shah & Justice Sanjiv KhannaPenal Code, 1860 - Section 307 To record conviction for attemptto murder, it is irrelevant to see if victim or any other person received injury. How- ever, this fact assumes significance, during sentencing for the offence of attempt to murder. Surinder Singh v. State (Union Territory of Chandigarh) [Dt. 26.11.2021] Chief Justice of India N.V. Ramana, Justice Surya Kant & Justice A.S. Bopannaa ae ACCIDENTAL CLAIM Motor Vehicles Act, 1988 Notional income of Rs.15,000/- p.a. fixed as early as in the year 1994 under the statute needs to be revised. The notional income of a 7 year old boy who died in a motor vehicle accident in year 2004, is taken to be Rs. 25000/- p.a. in this case by the Supreme Court. ECC w Cr Waele CPA ee. en Shyam Kishore Murmu &Anr. [Dt. 16.11.2021] Justice R. Subhash Reddy & Justice Hrishikesh RoyGrant of interim injunction by High Court with respect to 1/7th share in the total plaint sched- ule properties without impleading necessary party (appellants), was not justified. Acqua Borewell Pvt. Ltd. v. Swayam Prabha & Others [Dt. 17.11.2021] Justice M.R. Shah & Justice B.V. NagarathnaAs per Supreme Court's decision in Jugalkishore Saraf's case trans- feree of a decree could claim execution of it under Order 21 Rule 16 CPC, only if transfer of decree by assignment was executed “after the decree was passed”. But by virtue of Explanation inserted vide 1976 amendment in Order 24 Rule 16 CPC, a transferee of rights in the property, which is the subject matter of the suit, may apply for execution of the decree without a separate assignment of the decree. Vaishno Devi Construction Rep. Thr. Sole Proprietor (D) Thr. Lrs & Anr. v. Union of India & Ors. [Dt. 21.10.2021] Justice Sanjay Kishan Kaul & Justice B.R. GavaiCRIMINAL LAWS Sections 392 and 397 IPC - Robbery Conviction can be sustained exclusively on the basis of purported disclosure statement and recovery memo, without any corroborative evidence, only if recovery is unimpeachable and not shrouded in doubt. Dt. 08.11.2021pu i MOTOR VEHICLE ACCIDENT CLAIM ‘Compensation for loss of income cannot be restricted to 69% i.e. percentage of disability suffered. Victim's functional disability is 100% as he has been incapacitated for life and is confined to home. His earning life is over and as such his income loss has to be quantified as 100%. 13) erat Jithendran v. The New India Assurance Co. Ltd. & Anr. Justice R. Subhash Reddy & Justice Hrishikesh RoyMotor Vehicles Accident Claims Motor Vehicles Act, 1988 -Section 166 Mother-in-law of the deceased victim, who was staying with the deceased and his family, was a legal representative of the deceased in terms of Section 166, though not a legal heir. She was dependent on deceased (son-in-law) for her shelter and maintenance and hence could maintain a claim petition. Lehre aTransfer of Respondent—workmen working at Dewas for more than 25 to 30 years to Chopanki in Rajasthan, which is 900 km away, set aside as arbitrary. ry. Par Ay) Caparo Engineering India Ltd. v. Ummed Singh Lodhi and Anr. Justice M.R. Shah & Justice A.S. BopannaValidity of Sale Deed Law requires a sale deed to be registered. By virtue of Section 92 of Evidence Act, no evidence of any oral agreement or statement shall be admitted for the purpose of contradicting, varying, adding or subtracting from its terms. However, oral evidence of a written agreement is excluded except when it is sought to be alleged that the document is a sham transaction. fo] Ort bry Placido Francisco Pinto (D) By Lrs & Anr. v. Jose Francisco Pinto & Anr. Justice Hemant Gupta & Justice V. Ramasubramanian= Motor Vehicle Accident Claims Tribunal erred in recording a finding that parents of deceased-victim were not dependents as they were living separately. They were also entitled to be compensated for loss of dependency and consortium. 4 a Dt. 01.10.2021 Chandra @ Chanda @ Chandraram & Anr. v. Mukesh Kumar Yadav & Ors. Justice R. Subhash Reddy & Justice Hrishikesh RoyOrder XII Rule 6 CPC - Admission Mention of pendency of suit for specific performance against plaintiff in the written statement filed by defendants (in a suit for possession and injunction of the suit property by the plaintiff) amounted to admission of plaintiff's ownership over the property. Defendant could not claim to be the owners till a decision was given in the suit for specific performance. Though decree was passed in favour of the plaintiff under Order XII Rule 6 CPC, same was made subject to outcome in the suit for specific performance. Dt. 04.10.2021 Mohd. Raza & Anr. v. Geeta @ Geeta Devi Justice M.R. Shah & Justice A.S. BopannaMotor Vehicle Accident Compensation payable to claimants on basis of income of victim In absence of salary certificate of victim and documentary evidence, minimum wage notification can be a yardstick but not an absolute one. Guesswork should not be totally detached from reality. — Chandra @ Chanda @ Chandraram & Anr. v. Mukesh Kumar Yadav & Ors. Justice R. Subhash Reddy & Justice Hrishikesh Roy Dt. 01.10.2021Motor Vehicle Accident Claim If any evidence before Motor Accident Claims Tribunal runs contrary to contents in the FIR, the evidence which is recorded before the Tribunal has to be given weightage over the contents of the FIR. Dt. 01.10.2021 National Insurance Company Ltd. v. Chamundeswari & Ors. Justice R. Subhash Reddy & Justice Hrishikesh RoyAbetment to, suicide The act of teacher in simply reprimanding a student for his repeated indiscipline and informing the principal, cannot tantamount to instigation or intentionally aiding commission of his suicide. fe Ce Oe CR CCRC CCU wl Justice S. Abdul Nazeer & Justice Krishna MurariCHEQUE DISHONOUR Negotiable Instruments Act 1881 Section 138 During pendency of first complaint for cheque dishonour, matter compromised. However, cheques issued pursuant to the compromise also got dishonoured and second complaint filed. Whether both proceedings could be pursued simultaneously ? Ans. : NO. Compromise deed subsumes the original complaint. Non- compliance of the terms of the compromise would give rise to a fresh cause of action attracting liability under Section 138 and other remedies in law. M/s Gimpex Private Limited v. Manoj Goel re aC aE NV meat le Coa CRO tM ULC eMC Lt) Pe ie MAE enaCHEQUE DISHONOUR Negotiable Instruments Act 1881 Section 138 During pendency of first complaint for cheque dishonour, matter compromised. However, cheques issued pursuant to the compromise also got dishonoured and second complaint filed. Whether both proceedings could be pursued simultaneously ? Ans. : NO. Compromise deed subsumes the original complaint. Non- compliance of the terms of the compromise would give rise to a fresh cause of action attracting liability under Section 138 and other remedies in law. M/s Gimpex Private Limited v. Manoj Goel re aC aE NV meat le Coa CRO tM ULC eMC Lt) Pe ie MAE enaMotor Vehicle Accident Compensation payable to claimants on basis of income of victim In absence of salary certificate of victim and documentary evidence, minimum wage notification can be a yardstick but not an absolute one. Guesswork should not be totally detached from reality. — Chandra @ Chanda @ Chandraram & Anr. v. Mukesh Kumar Yadav & Ors. Justice R. Subhash Reddy & Justice Hrishikesh Roy Dt. 01.10.2021Order XII Rule 6 CPC - Admission Mention of pendency of suit for specific performance against plaintiff in the written statement filed by defendants (in a suit for possession and injunction of the suit property by the plaintiff) amounted to admission of plaintiff's ownership over the property. Defendant could not claim to be the owners till a decision was given in the suit for specific performance. Though decree was passed in favour of the plaintiff under Order XII Rule 6 CPC, same was made subject to outcome in the suit for specific performance. Dt. 04.10.2021 Mohd. Raza & Anr. v. Geeta @ Geeta Devi Justice M.R. Shah & Justice A.S. BopannaAbetment to, suicide The act of teacher in simply reprimanding a student for his repeated indiscipline and informing the principal, cannot tantamount to instigation or intentionally aiding commission of his suicide. fe Ce Oe CR CCRC CCU wl Justice S. Abdul Nazeer & Justice Krishna Murari= Motor Vehicle Accident Claims Tribunal erred in recording a finding that parents of deceased-victim were not dependents as they were living separately. They were also entitled to be compensated for loss of dependency and consortium. 4 a Dt. 01.10.2021 Chandra @ Chanda @ Chandraram & Anr. v. Mukesh Kumar Yadav & Ors. Justice R. Subhash Reddy & Justice Hrishikesh RoyValidity of Sale Deed Law requires a sale deed to be registered. By virtue of Section 92 of Evidence Act, no evidence of any oral agreement or statement shall be admitted for the purpose of contradicting, varying, adding or subtracting from its terms. However, oral evidence of a written agreement is excluded except when it is sought to be alleged that the document is a sham transaction. fo] Ort bry Placido Francisco Pinto (D) By Lrs & Anr. v. Jose Francisco Pinto & Anr. Justice Hemant Gupta & Justice V. Ramasubramaniano i 882 on 111(g) Whether termination of entire lease was unsustainable when breach was committed in respect of a portion of the leased land only? Whether lessee could take benefit of Section 111(g) which calls for strict construction of forfeiture clause against the lessor? Ans. No. When public largesse is bestowed by way of lease on certain terms and conditions, they have to be strictly adhered to. In the instant case, the leased land was a Government land located in an area notified as reserve forest. Lessee was given the benefit of such property to the exclusion of others. Therefore, breach of lease deed by selling a portion of the said land could not be condoned and entire lease was liable for termination. Section 111(g) was of no help as parties were governed by the terms of the contract. Dt. 03.09.2021 The State of Kerala & Ors. v. M/s Joseph & Company Justice Hemant Gupta & Justice A.S. Bopannarer rer taitg Penn Petition for transfer of criminal case merely on the ground that petitioner was unable to understand the language (Tamil) of that court was rejected. A translator was available in the court and the court had jurisdiction to try the case. Rajkumar Sabu v. M/s Sabu Trade Private Limited Dt.: 07.05.2021 Justice Aniruddha BoseWhether dispute relating to right of a person in making a construction on the roof of the first floor in which he resides could be decided by the municipality? Ans : No. Any dispute relating to that right has to be decided by the civil court as correctly held by the High Court. Dt. 01.09.2021 Debabrata Saha v. Serampore Municipality & Ors. Justice L. Nageswara Rao & Justice B.R. GavaiCaste Certificate State Level Scrutiny Committee had no jurisdiction to remand the matter relating to validity of appellant's community certificate to the District Vigilance Committee for a fresh inquiry, when District Vigilance Committee had already upheld the validity of the certificate in the year 1999 and said decision had not been challenged. Pear J. Chitra v. District Collector and Chairman State Level Vigilance Committee, Tamil Nadu & Ors. Justice L. Nageswara Rao & Justice Aniruddha BoseIndian) Penal Code, 1860 Absence of charge under Section 498A IPC (cruelty) does not make conviction under Section 304B IPC (offence of dowry death) unsustainable. Though cruelty is a common thread existing in both the offences, the ingredients of each offence are distinct and must be proved separately. Gurmeet Singh v. State of Punjab Chief Justice of India N.V. Ramana, Justice Surya Kant & Justice Aniruddha BoseProtection fromyanrest Whether having dismissed anticipatory bail application relief of protection from arrest can be granted 7 Ans : Such relief can be granted in exercise of power under Section 482 CrPc. There may be cases where though grant of anticipatory bail is refused but High Court is of the opinion that it is necessary to protect the person apprehending arrest due to exceptional circumstances, until they surrender before the Trial Court. Nathu Singh v. State of Uttar Pradesh & Ors. Chief Justice of India N.V. Ramana, Justice Surya Kant & Justice Aniruddha BoseThe Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Absence of rules to provide for reservation in promotion to persons with disabilities would not defeat their rights to a reservation in promotion as it flows from the legislation. Dt. 28.06.2021 The State of Kerala & Ors. v. Leesamma Joseph Justice Sanjay Kishan Kaul & Justice R. Subhash Reddyv Ocular evidence is considered the best evidence unless there is a gross contradiction between medical evidence and oral evidence, such that the medical evidence rules out all possibility of ocular evidence being true. Dt. 26.07.2021 edie ey CU Lie) Tm PEN ETE eluted Justice Navin Sinha & Justice R. Subhash ReddyA j Penal Code, 1860 / Section 323 IPC provides punishment for voluntarily causing hurt. Production of an injury report is not a sine qua non for establishing the case for the offence under Section 323 IPC. As per definition of ‘hurt’ under Section 319 IPC, whoever causes bodily pain, disease or infirmity to any person is said to cause “hurt”. / Dt. 23.07.2021 Lakshman Singh v. State of Bihar (now Jharkhand) Justice Dr. Dhananjaya Y. Chandrachud & Justice M.R. ShahCriminal Procedure Code, 1973 - Section 197 Not naming public servant (clerk) in the FIR relating to fabrication of lease was not of much significance as his alleged role came to light subsequently. However, he was to be granted protection under Section 197 CrPc as prior sanction from competent authority was not obtained before prosecuting him and his seniors (involved in the case) were given similar protection. / Dt. 23.07.2021 | item ae ClCm mat CeCe wae Justice Sanjay Kishan Kaul & Justice Hemant Gupta=) Scheduled|/Castes) and) the Scheduled iribes (Prevention) of/Atrocities)) Act}1989) Rape of a blind Scheduled Caste women SC held that prosecution’s case for proving an offence under Section 3(2)(v) of 1989 Act will not fail MERELY because in the statement to police it was not mentioned that the offence was committed because victim was a SC woman.Protection) from)arrest; Whether having dismissed anticipatory bail application relief of protection from arrest can be granted 7 Ans : Such relief can be granted in exercise of power under Section 482 CrPc. There may be cases where though grant of anticipatory bail is refused but High Court is of the opinion that it is necessary to protect the person apprehending arrest due to exceptional circumstances, until they surrender before the Trial Court. Nathu Singh v. State of Uttar Pradesh & Ors. Chief Justice of India N.V. Ramana, Justice Surya Kant & Justice Aniruddha Bosery] CBSE Examination Byelaws Only a"law" under Article 13 of the Constitution can be reckoned as arestriction in respect of rights guaranteed under Article 19. “Law” under Article 13 encompasses laws other than ordinary statutory laws. It takes within its sweep those matters as having the "force of law" although not enacted by the legislature. CBSE Examination Byelaws have the force of law, although Institution of CBSE is not backed by a statute and byelaws framed by it are not statutory. Jigya Yadav (Minor) (through Guardian/Father Hari Singh) v. C.B.S.E. (Central Board of Secondary Education) & Ors. JUNE BS iew-W mGriint elev tts tea merN ZTE} VAR Justice Krishna MurariParity must focus upon role of the accused, their position in relation to the incident and to the victims. Similarity of the weapon used is not sufficient to determine if a case for grant of bail on the ground of parity is established. Y_Dt.: 20.04.2021Insurance claim for car damage (No third party claim involved) Respondent-insured relied on Section 185 of the Motor Vehicles Act, 1988 to plead that unless a certain percentage of alcohol was found in the blood, a person cannot be said to be intoxicated and prosecuted for the offence of drunken driving. Whether insurance company was required to prove that driver who had consumed alcohol was intoxicated in terms of Section 185 ? Ans : No. To insist that he cannot be under the influence of alcohol, unless, he has in his blood, the requisite percentage of alcohol under Section 185 of the MV Act, would be to make a new bargain for the parties and also to rewrite the contract. allel lll ell lll lll lllNarcotic Drugs and Psychotropic Substances Act, 1985 Contraband recovered from accused while they were sitting in a jeep on a road at a public place. Supreme Court held that the recovery could not be regarded as a recovery from a "public place" as jeep was a private vehicle. Hence, Section 43 was not applicable. Section 43 being not attracted, search was to be conducted after complying with the provisions of Section 42. Admittedly, there being total non-compliance of Section 42, appellants were held entitled to acquittal. tel RT Rel ERAT CE CUS E) joa Mwy Justice Uday Umesh Lalit & Justice K.M. JosephHindu Undivided Family If amale member takes premises on rent, he becomes a tenant in individual capacity and not as Karta of Hindu Undivided Family. There can be presumption of Hindu joint family prop- erty if the property is acquired by the male member or if the same has been treated as joint Hindu family but NOT if a business is carried out by an individual in a tenanted premise. Existence of Joint Hindu family cannot be presumed on the basis of ration card. Kiran Devi v. The Bihar State Sunni Wakf Board & Ors. [Dt. 05.04.2021] Justice Ashok Bhushan, Justice $. Abdul Nazeer & Justice Hemant GuptaNarcotic Drugs and Psychotropic Substances Act, 1985 Quantity of narcotic substance possessed by ac- cused can be considered for imposing punishment higher than the minimum sentence for offence pun- ishable under Section 21. No leniency can be shown just because accused was a poor man and was only a carrier of the substance who had committed the crime for the first time. Nar- cotic drugs cause addiction and deaths of many young victims. Gurdev Singh v. State of Punjab [Dt. 06.04.2021] Justice Dr. Dhananjaya Y. Chandrachud & Justice M.R. ShahFacebook post of journalist Patricia Mukhim expressing agony over apathy and inaction of State in respect of a case involving brutal attack on 6 non-tribal youngsteres by tribals. was held to be not constituting hate speech. The post only made a fervent plea for pro- tection of non-tribals living in the State of Meghalaya and for their equality. Patricia Mukhim v. State of Meghalaya & Ors. Justice L. Nageswara Rao & Justice S. Ravindra BhatConsumer Protection Appellants instituted a consumer case for a claim of Rs. 2.19 Cr before National Consumer Disputes Redressal Commission (NCDRC) on 18.6.2020 under provisions of Consumer Protection Act 1986. NCDRC dismissed the case on the ground thatafter the enforcement of the Con- sumer Protection Act, 2049, its pecuniary jurisdiction has been enhanced to Rs. 10 Cr. Setting aside said decision, Supreme Court held that pro- ceedings instituted before the commencement of 2019 Act on 20.7.2020 would continue before the fora corespond- ing to those under the Act of 1986 and not be transferred in terms of the pecuniary jurisdiction set for the fora es- tablished under the Act of 2019. Ue UU ae Leura ee mc ee A ey) a TCR ACU eu eee aE Uyath Natural justice Family Court allowed Respondent-mother’s application for transposing herself as petitioner in the petition filed by the Appellant-ather for guardianship of minor child on the erroneous assumption that the appellant had abandoned the petition. Family Court had discharged appellant's counsel from the case subsequent to counsel's request but had not served any notice about the same on the appellant. Family Court had also not adverted to the material/evi- dence indicating as to whether the appellant was duly served with the i) application filed by the respondent and ii) court notices. Aman Lohia v. Kiran Lohia [ Dt. 17.03.2021] Justice A.M. Khanwilkar, Justice B.R. Gavai & Bal MiImposing conditions such as having arakhi tied from the victim as a condition for granting bail for sexual offence transforms a molester into a brother. This is wholly unacceptable as it dilutes the offence of sexual harassment. Such crimes cannot be remedied by an apology, ren- dering community service, tying a rakhi, presenting a Qift to the victim or even promising to marry her. Court should never consider factors like consent of the victim inthe past to similar acts, her promiscuous behaviour, her morals or her clothing etc. while mak- ing a judicial decision. Aparna Bhat & Ors. v. State of Madhya Pradesh & Anr. eee Bee MGC LCM eMC Ue BieAgift deed executed by a foreigner in respect of an immovable property without prior per- mission of RBI i.e. in contravention of Section 31 of Foreign Exchange Regulation Act, 1973 was declared to be void. Asha John Divianathan v. Vikram Malhotra & Ors. PTE WMC UME Ce Bele OE elie mod Justice Ajay RastogiWife's allegations on husband's character and conduct before various authorities, having irreparable adverse effect on his career and reputation can be construed as mental cruelty even if no court concludes the allegations to be false or fabricated. Such conduct cannot be condoned. High Court erredin describ- ing this as normal wear and tear of middle class married life. Marriage stands dissolved. Wife's application for restitution of conjugal dismissed. Joydeep Majumdar v. Bharti Jaiswal Majumdar ae ae) eV me Me te eg a BCom LeasOssification test of the appellant to determine his approximate age was not conclusive. This is because he was in the age group of 40-55 years when results of the test become unreliable. In absence of documentary evidence such as DOB certificate from school or municipal authority and in view of unreliability of ossification test , date of birth shown in an application submit- ted by appellant himself much prior to the commission of crime for taking a gun on licence could be relied upon. As per the said DOB he was not a juvenile on the date of crime. An interim order of High Court granting bail to appellant, way back in 1982, in absence of medical records supporting such order could not be relied upon to hold him a juvenile on the date of commission of offence. POUND OMS RAR CRM ecco) Justice Rohinton Fali Nariman, Justice Hemant Gupta & Justice B.R. GavaiWhether FIR could be relied upon as dying declaration when according to doctor, who examined the deceased- De eM eee eee could not be recorded and he was unable to speak ? Su eRe ee eM eRe CME Ci COM Cen cme race ug opinion. There was nothing on record to show that de- Por ME emu eM ote humo) TUR eee CC el cel eos Re COR LCR Ra Bellet eee port was made. DEUCES UCR CLC Rae GCC Justice Uday Umesh Lalit, Justice Inclira Banerjee & Justice KM. JosephHindu Succession Act, 1956 Whether a widow whohas succeeded to the share ofher husbandin a land, can enter into a family settlement with her brother's sons and settle the landin their favour ? Yes. In terms of Section 15(1)(d), heirs of a female's father are covered in the heirswho could succeed. Thus, brother's sons are notstrangers but members ofthe family qua her. Furthermore, she has become an absolute owner of half of the agriculturalland, having succeeded to herhusband's share. Thus, she can enter into such afamily settlement. Khushi Ram & Ors. v. Nawal Singh & Ors. Be ue aan ee ee Col yThoughit is true that punishment of remainder of natural life cannot be imposed by trial Judge but considering that there was a brutal murder of two minor children aged 4 and 2 years and looking into the entire case, Court confirmed that sentence of imprisonment for life shall mean the remainder of accused's natural life. Gauri Shankar v. State of Punjab PCR esa Justice Indu Malhotra & Justice Ajay RastogiDismissal of a transfer petition does not operate as res judicata if a fresh petition is filed on change of circumstances and sufficient grounds are made out. Amruta Ben Himanshu Kumar Shah v. Himanshu Kumar Pravinchandra Shah Justice V. RamasubramanianAccused's admission ofsignatures on the cheque and on Deed of Understanding (undertaking to pay respondent) gave rise to a presumption of existence of a legally enforceable debt. Mir Mere pate te RCH m UR UMC ot dent to prove existence of a legally enforceable debt. WESC Ut Ui ate Ue ae CCU LCL) era eral} Ale ASCE ech eii es Be este aleeIn case of sudden fight it is not relevant to see which party offered the provo- cation or committed the first assault. Khokan @ Khokhan Vishwas v. State of Chhattisgarh Justice Dr. Dhananjaya Y. Chandrachud & M.R. ShahProbation of Offenders Act, 1958 Section 6 puts an embargo on the power of the Court to award sentence to an offender under the age of 21 years, unless the Court considers otherwise, having regard to the cir- cumstances of the case including nature of offence and character of offender. For applicability of Section 6, offenders should be below 21 years of age on the date of ‘sen- tencing’ and not on the date of commission of the offence. Lakhvir Singh Etc. v. The State of Punjab & Anr. a3 of BEC curune te rutdh To bring an action within the ambit of civil contempt, disobedience of any judgment, decree, direction, order of a court must be wilful and intentional. A contemnor cannot be punished for disobedience which was result of some compelling circumstance, under which it was not possible to com- ply with Court's order. Contempt proceedings are quasi-criminal in nature. Standard of proof re- quired is same as in other criminal cases. Alleged contemnor is entitled to protection of all safeguards provided in criminal jurisprudence, including benefit of doubt. Aparty's taking action to enforce his legal right does not amount to inter- ference with administration of justice. In this case filing of proceedings before CLB by alleged contemnors due to lack of cooperation by petitioner (who had filed contempt petition) did not lead to contempt of Supreme Court's earlier order as same was a legitimate enforcement of right. Mere objection to jurisdiction of CLB to entertain a petition did not disable CLB from passing interim orders. Interim orders passed by it were effec- tive till a decision was finally rendered on issue of jurisdiction. Supreme Court refused to issue direction to petitioner to abide by CLB's order as the contempt petition was dismissed and there were other legal remedies available. Since proceedings before CLB now stand transferred to NCLT, such direc- tions can be sought before it. Rama Narang v. Ramesh Narang and Others Justice A.M. Khanwilkar & Justice B.R. GavaiAccused who was having a consensuallove affair with aminor girl of 16 years’ age acquit- ted of charge under Section 376IPG (rape) but convicted for charge ofkidnapping a minor with an intentto have illicitintercourse. Itwas held that the girl, being a minor, her consentto the act was inconsequential. There was evidence showing that she had been enticed away. Minor girl's infatuation with her alleged kidnapper was heldto be no defence. Anversinh @ Kir inh Fatesinh Zala v. State of Gujarat [Dt.: 12.1.2021] Bie AA TUM ets er ome ele V1 Cre ee eat CladTransfer of Property Act, 1882 Section 122 neither defines acceptance nor prescribes any particular mode for accepting the gift. It only says that acceptance of a gift by the donee can be done any- time during the lifetime of the donor. Acceptance can be inferred from the surrounding circum- stances and the implied conduct of the doneee such as taking into possession of the property or by being in the possession of the gift deed itself. Daulat Singh (D) Thr. Lrs. v. The State of Rajasthan & Ors. [Dt. 08.12.2020] Justice N.V. Ramana, Justice S. Abdul Nazeer & Justice Surya KantHearsay evidence Prosecution alleged unnatural death of wife by poisoning. Accused relied on deposition of doctors, DW2 and DW4, to the effect that the deceased had told them that she was suf- fering from Tuberculosis. Whether deposition of DWs. 2 and 4 was hearsay? Supreme Court held that even if the statement was not ad- missible for proving the truth of what was contained in the statement, it was admissible for the fact of victim having made that statement. The Medical Practitioner had acted upon the statement by prescribing medicines and ordering blood test and x-ray. Sandeep Kumar And Others v. State of Uttarakhand And Another Criminal Appeal Nos.1512-1513 of 2017 [Dt. 02.12.2020] Justice Rohinton Fali Nariman, Justice K.M. Joseph & SIV ifet eV alo (elit M font)a o ee When death occurs and dead body is found within the precincts of the home it becomes incumbent for family members to explain how death occurred. In this case, the house was surrounded by buildings in such a way that there was no possibility of somebody from outside com- ing and strangulating the deceased and that too without any commotion being caused or any valuable being taken. This was considered as a crucial circumstance against the accused-husband. Jayantilal Verma v. State of M.P. (Now Chhattisgarh) [Dt. 19.11.2020] Justice Sanjay Kishan Kaul & Justice Hrishikesh RoyFiling of charge-sheet by itself does not entitle an accused to copy of the victim's statement under Section 164 CrPc. It is only after taking of cognizance and issuance of process that the accused becomes entitled, in terms of sections 207 and 208 CrPc, to get the same. Miss ‘A’ v. State of Uttar Pradesh And Anr. [Dt. 08.10.2020] Justice Uday Umesh Lalit, Justice Vineet Saran & Justice S. Ravindra BhatWrit petition does not need to be mandatorily dismissed in all cases of gross and inordinate delay. It is only a rule of discretion. The Limitation Act stricto sensu does not apply to the writ jurisdiction. Where delay is properly explained and no third party rights are being affected, the writ court under Article 226 may condone the delay. Vetindia Pharmaceuticals Limited v. State of Uttar Pradesh And Another [Dt. 06.11.2020] Justice R.F. Nariman, Justice Navin Sinha & Justice Krishna MurariA document is presumed to be genuine if the same is registered. Onus of proof lies on a person who leads evidence to rebut the presumption. Rattan Singh & Ors. v. Nirmal Gill & Ors. Etc. [Dt. 16.11.2020] Justice A.M. Khanwilkar & Justice Dinesh Maheshwari2 & P. Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 Offence under the Act is not established merely on the fact that the informant is a member of Scheduled Caste unless there is an intention to humiliate a member of Scheduled Caste or Scheduled Tribe for the reason that the victim belongs to such caste. In the present case, the parties are litigating over possession of the land. The alle- gation of hurling of abuses is against a person who claims title over the property. If such person happens to be a Scheduled Caste, the offence under Section 3(1)(r) of the Act is not made out. Hitesh Verma v. The State of Uttarakhand & Anr. [Dt. 05.11.2020] Justice L. Nageswara Rao, Justice Hemant Gupta & Justice Ajay RastogiCriminal Law : Test Identification Parade When identifications are held in presence of police, the resultant communications tantamount to statements made by the identifiers to a police officer in course of investigation and they fall within the ban of section 162 CrPc. Chunthuram v. State of Chhattisgarh [Dt. 29.10.2020] Justice Sanjay Kishan Kaul, Justice Krishna Murari & Justice Hrishikesh RoyEffect of Pendency of Proceeding under DV Act @ As per Section 26 of DV Act any relief available under Sec- tions 18, 19, 20, 21 and 22 may also be sought in any legal proceedings before a Civil Court. In this case daughter-in- law was entitled to claim relief under Section 19 in a suit filed for injunction filed by her father-in-law. @ Pendency of proceedings under the DV Act or any order, interim or final, passed under Section 19 regarding right of residence is not an embargo for initiating or continuing any civil proceedings, which relates to the subject matter of the interim or final order passed in proceedings under D.V. Act, 2005. Admissibility of judgement under DV Act in civil proceedings @ The judgment or order of criminal court granting an interim or final relief under Section 19 of D.V. Act, 2005 are relevant within the meaning of Section 43 of the Evidence Act and are admissible in civil proceedings. However its evidentiary value is limited. Findings in the criminal proceeding are not binding on Civil Court. Satish Chander Ahuja v. Sneha Ahuja [Dt. 15.10.2020] Justice Ashok Bhushan, Justice R. Subhash Reddy & Justice M.R. Shah