|
IMPORTANT DECISIONS
 Arbitration - Setting aside - Issues need not to be framed - Evidence to be filed by way of affidavits with an opportunity to cross examine deponents. 2009(3) Apex Court Judgments 211 (S.C.)
Arbitration agreement - Not required to be in any particular form. 2009(3) Apex Court Judgments 325 (S.C.)
Corruption - Sanction for prosecution granted by Authority not competent to grant - Accused convicted - Conviction cannot be set aside if there was no failure of justice on account of error in order of sanction. 2009(3) Apex Court Judgments 361 (S.C.)
Corruption case - Sanctioning Authority need not be examined as a witness by the prosecution. 2009(3) Apex Court Judgments 278 (S.C.)
Court having no jurisdiction - Consent cannot confer jurisdiction on a Court when it has none - When the court lacks inherent jurisdiction, the procedural provision of estoppel, waiver or res-judicata shall also not apply. 2009(3) Apex Court Judgments 404 (S.C.)
Dishonour of cheque - Cheque issued from an account not maintained by accused but by someone else - Accused cannot be prosecuted. 2009(3) Apex Court Judgments 321 (S.C.)
Dying declaration - Signatures or thumb impression of deceased not taken - If true and voluntary cannot be rejected merely for this reason. 2009(3) Apex Court Judgments 237 (S.C.)
Examination - Deficiency, negligence, omission or deficiency in evaluation of answer scripts or furnishing of mark sheets or certificate - Board is not a service provided and a student who taken an examination is not a 'consumer' - Complaint under the Consumer Act is not maintainable against the Board. 2009(3) Apex Court Judgments 424 (S.C.)
Further investigation - Can be ordered on an application of investigating authorities - Magistrate cannot of his own order further investigation. 2009(3) Apex Court Judgments 415 (S.C.)
Insurance - Mediclaim policy - Non disclosure of existence of chronic disease at the time of taking of policy - Insurance Company is justified in repudiating the claim. 2009(3) Apex Court Judgments 244 (S.C.)
Marriage - Major girl above 18 years - Has a choice to marry anyone she likes - Parents cannot give threats or commit or instigate acts of violence and cannot harass the person, as, such acts would be unlawful. 2009(3) Apex Court Judgments 403 (S.C.)
Nomination - Indicates the hand which is authorised to receive the amount or manage the property - Property or the amount, as the case may be, can be claimed by the heirs of the deceased, in accordance with the law of succession, governing them. 2009(3) Apex Court Judgments 275 (S.C.)
Service - Ad hoc appointment - Ad hoc appointment does not count for the purpose of seniority. 2009(3) Apex Court Judgments 339 (S.C.)
Service - Appointment - Cannot be made in excess of the number of posts advertised. 2009(3) Apex Court Judgments 217 (S.C.)
Service - Heart disease - Medical bills - Reimbursement - Employee is entitled to reimbursement of medical bill in its entirety when there was a circular to this effect. 2009(3) Apex Court Judgments 350 (S.C.)
Service - Regularization - Acceptance of conditional regularization - It is acceptance of conditions also. 2009(3) Apex Court Judgments 430 (S.C.)
Service - There can be no claim to be appointed against future vacancies. 2009(3) Apex Court Judgments 217 (S.C.)
Service - Working for 240 days continuously - When a casual employee is employed in different establishments of a Corporation, Institution or Authority, the concept of continuous service under one employer cannot be applied. 2009(3) Apex Court Judgments 272 (S.C.)
Telephone - Dispute as to telephone bills - Consumer complaint - Not maintainable. 2009(3) Apex Court Judgments 227 (S.C.)
Temporary injunction - Restraining further construction - Construction of considerable magnitude already made - Order refusing to grant injunction, upheld. 2009(3) Apex Court Judgments 250 (S.C.)
SUBJECT INDEX
Arbitration and Conciliation Act, 1996
Arbitration and Conciliation Act, 1996, S.7 - Arbitration agreement - Intention of parties - To be gathered from surrounding circumstances including the conduct of the parties and the evidence such as exchange of correspondence between the parties. 2009(3) Apex Court Judgments 325 (S.C.)
Arbitration and Conciliation Act, 1996, S.7 - Arbitration agreement - No party can be allowed to take advantage of inartistic drafting of arbitration clause in any agreement as long as clear intention of parties to go for arbitration in case of any future disputes is evident from the agreement and material on record including surrounding circumstances. 2009(3) Apex Court Judgments 325 (S.C.)
Arbitration and Conciliation Act, 1996, S.7 - Arbitration agreement - Not required to be in any particular form - It is only required to be ascertained that parties agreed that if dispute arise between them in respect of the subject matter of contract then such dispute shall be referred to arbitration, then such an arrangement would spell out an arbitration agreement. 2009(3) Apex Court Judgments 325 (S.C.)
Arbitration and Conciliation Act, 1996, S.7 - Arbitration agreement - One cannot take into consideration terms of other contracts especially when the contract is not between the same parties. 2009(3) Apex Court Judgments 325 (S.C.)
Arbitration and Conciliation Act, 1996, S.7 - Clause in agreement that dispute between parties to be settled in accordance with provisions of Act if they fail to settle dispute among themselves - Parties never intended to go through the conciliation proceedings even after their failure to arrive at an amicable settlement among themselves - Respondent never initiated any conciliation by sending any written invitation to conciliate under Part III of the Act - Held, parties never intended to settle their future disputes arising out of the agreement through conciliation. 2009(3) Apex Court Judgments 325 (S.C.)
Arbitration and Conciliation Act, 1996, S.11 - Arbitrator - Appointment - Arbitration agreement - Construction of contract - (i) the terms of the articles of agreement will prevail over the terms of Notice inviting Tenders for Works and (ii) the term contained in the cyclostyled attachment to the printed form of articles of agreement will prevail over the terms of the printed articles of agreement - Consequently, the contents of the attachment slip to the printed form of Articles of Agreement providing for arbitration will prevail over the bar on arbitration contained in the Notice inviting Tenders for Works and the articles of agreement. 2009(3) Apex Court Judgments 314 (S.C.)
Arbitration and Conciliation Act, 1996, S.11 - Arbitrator - Appointment - Contracts executed through state PWD - Merely for this reason it cannot be contended that special provisions applicable to National Highway Projects relating to arbitration specifically added to the contract should be ignored. 2009(3) Apex Court Judgments 314 (S.C.)
Arbitration and Conciliation Act, 1996, S.11 - No claim certificate - Obtained by coercion or not or by applying pressure - Question as to - It is a question of fact which has to be considered in the proceedings under S.11 of the Act. 2009(3) Apex Court Judgments 314 (S.C.)
Arbitration and Conciliation Act, 1996, S.11(6) - Arbitrator - Appointment - Power exercised by Chief Justice of India or the Designated Judge u/s 11(6) of the Act is not an administrative power - It is a judicial power. 2009(3) Apex Court Judgments 325 (S.C.)
Arbitration and Conciliation Act, 1996, S.34 - In an application u/s 34 of the Act issues need not to be framed - Opponent party is allowed to file the reply - Evidence by way of affidavits by both the parties is allowed and Court can also allow cross examination of deponents - Court can vary the procedure which does not include allowing framing of issues. 2009(3) Apex Court Judgments 211 (S.C.)
Arbitration and Conciliation Act, 1996, S.34, High Court of Karnataka Arbitration (Proceedings before Courts) Rules, 2001, R.4(b) and 12 - Proceedings u/s 34 of the Act - Framing of issues - Rule providing applicability of CPC - No wholesale or automatic import of all provisions of CPC - Issues not required to be framed in an application u/s 34 of the Act. 2009(3) Apex Court Judgments 211 (S.C.)
Arbitration and Conciliation Act, 1996, Ss.34, 36 - Arbitration award - Enforcement - Arbitration award is enforceable as a decree of Court when time for making an application to set aside such award has expired or where such application has been made and is refused - Until the disposal of an application u/s 34 of the Act there is an implied prohibition of enforcement of the arbitral award. 2009(3) Apex Court Judgments 211 (S.C.)
Civil Procedure Code, 1908
Civil Procedure Code, 1908, S.9, 11, Evidence Act, 1872, S.115 - Court having no jurisdiction - Consent cannot confer jurisdiction on a Court when it has none - An order passed by Court having no jurisdiction is a nullity - When the court lacks inherent jurisdiction, the procedural provision of estoppel, waiver or res-judicata shall also not apply. 2009(3) Apex Court Judgments 404 (S.C.)
Civil Procedure Code, 1908, S.34 - Interest - Bank - Overdraft facility - Pendente lite interest allowed 25% and thereafter 19.4% interest allowed till realisation - Held, exorbitant - Pendente lite and future interest allowed at the rate of 9% which is just, proper and reasonable. 2009(3) Apex Court Judgments 358 (S.C.)
Civil Procedure Code, 1908, S.47 - Execution - Objections - J.D. has to show that the decree was ex facie nullity - Executing Court is precluded from making an in-depth scrutiny as regards the entitlement of the plaintiff with reference to not only his claim made in the plaint but also the defence set up by the judgment-debtor - Executing Court can neither reopen the trial Court's judgment nor question its correctness. 2009(3) Apex Court Judgments 283 (S.C.)
Civil Procedure Code, 1908, O.20.R.1 - Judgment - For the purpose of construction of a judgment, it must be read as a whole. (283)
Civil Procedure Code, O.20.Rr.6, 6-A - Decree - Should ordinarily be confined to the prayer made in the plaint. 2009(3) Apex Court Judgments 283 (S.C.)
Civil Procedure Code, O.39.Rr.1, 2 - Temporary injunction - Restraining further construction - Construction of considerable magnitude already made - Entire amount under the agreement already made - Plaintiff not to suffer any substantial injunction if injunction is not granted - If ultimately suit is decreed plaintiff can be compensated in damages or defendant can be directed to pull down the construction and deliver vacant possession to the plaintiff when no equity can be claimed for such construction - In case injunction is granted then construction already made will be destroyed and defendant will suffer irreparable loss and injury - Order refusing to grant injunction, upheld. 2009(3) Apex Court Judgments 250 (S.C.)
Civil Procedure Code, O.47.R.1 - Review - No error apparent on face of record and no other ground available U.O.47.R.1 CPC - Not permissible to entertain review application. 2009(3) Apex Court Judgments 308 (S.C.)
Constitution of India, 1950
Constitution of India, 1950, Art.14 - Equality - There is no question of negative equality - Wrong decision does not create a right. 2009(3) Apex Court Judgments 339 (S.C.)
Constitution of India, 1950, Art.226 - Delay and latches - Silence for six years inspite of adverse judgments - Goes against the appellant. 2009(3) Apex Court Judgments 430 (S.C.)
Consumer Protection Act, 1986
Consumer Protection Act, 1986, S.2(d) - Consumer - Meaning - A person who hires or avails of any services for a consideration, is a consumer - The following category of service-availors will not be consumers: (i) persons who avail any service for any commercial purpose; (ii) persons who avail any free service; and (iii) persons who avail any service under any contract of service -. A consumer is entitled to file a complaint under the Act if there is any deficiency in service provided or rendered by the service-provider. 2009(3) Apex Court Judgments 424 (S.C.)
Consumer Protection Act, 1986, S.11 - Examination - Deficiency, negligence, omission or deficiency in evaluation of answer scripts or furnishing of mark sheets or certificate - Board is not a service provided and a student who taken an examination is not a 'consumer' - Complaint under the Act is not maintainable against the Board. 2009(3) Apex Court Judgments 424 (S.C.)
Consumer Protection Act, 1986, Ss.19 & 21, Civil Procedure Code, 1908, O.9.R.13 - Exparte order - Setting aside - Sought on the ground that exparte order was passed by National Commission as counsel of appellant returned the brief to appellant without informing the date of hearing - Factual position not disputed - Exparte order set aside. 2009(3) Apex Court Judgments 353 (S.C.)
Criminal Procedure Code, 1973
Criminal Procedure Code, 1973, S.173(2) and 173(8) - Further investigation - Can be ordered on an application of investigating authorities - Magistrate cannot of his own order further investigation. 2009(3) Apex Court Judgments 415 (S.C.)
Criminal Procedure Code, 1973, S.173(8) - Further investigation - Permissible even after taking of cognizance by the Magistrate. 2009(3) Apex Court Judgments 415 (S.C.)
Criminal Procedure Code, 1973, S.173(8) - Ten out of six accused discharged - De facto complainant submitting application for reinvestigation - Order passed for reinvestigation - Held, Magistrate has no jurisdiction to order reinvestigation on application of de facto complainant - Magistrate has no jurisdiction to entertain such an application by de facto complainant - Order quashed. 2009(3) Apex Court Judgments 415 (S.C.)
Criminal Procedure Code, 1973, S.190 - Recall of process - Magistrate has no jurisdiction to recall his order issuing process in the absence of any power of review or inherent power which did not inhere in the subordinate Criminal Courts, but was available to the High Court u/s 482 Cr.P.C. 2009(3) Apex Court Judgments 415 (S.C.)
Criminal Procedure Code, 1973, Ss.200, 202, 203 - Second complaint - On same cause of action and between the same parties - Earlier complaint dismissed for failure to put in process fee for effecting service - Held, second complaint is maintainable. 2009(3) Apex Court Judgments 304 (S.C.)
Criminal Procedure Code, 1973, S.235 - Quantum of punishment - Requires a balancing act between the competing views based on the reformative, the deterrent as well as the retributive theories of punishment - Sentence should neither be too harsh nor too lenient - In judging the adequacy of a sentence, the nature of the offence, the circumstances of its commission, the age and character of the offender, injury to individual or the society, effect of punishment on offender, are some amongst many other factors which should be ordinarily taken in to consideration by the courts. 2009(3) Apex Court Judgments 361 (S.C.)
Criminal Procedure Code, 1973, Ss.319 - Charge sheet filed - Ten out of six accused discharged - Charge framed against six accused - Magistrate can summon the discharged accused u/s 319 Cr.P.C. to face trial if fresh material against him comes on record during trial. 2009(3) Apex Court Judgments 415 (S.C.)
Delhi Special Police Establishment Act, 1946
Delhi Special Police Establishment Act, 1946, Ss.4 & 6, Criminal Procedure Code, 1973, S.154 - FIR - Bank Officers committing offence of misappropriation and corruption - Departmental authorities not lodging complaint - CBI registering a case on receipt of information and investigating - No illegality - Criminal law can be set in motion by anybody. 2009(3) Apex Court Judgments 361 (S.C.)
Document
Document - Nature of - Document whether sale or a deed of assignment - Nomenclature to the document is not the determining factor in deciding whether a particular deed or document was a lease or a deed of assignment - Whether a particular document is a lease or a deed of assignment, one has to look at the substance of the deed of assignment to the document and not the nomenclature. 2009(3) Apex Court Judgments 288 (S.C.)
Electricity Regulatory Commissions Act, 1988
Electricity Regulatory Commissions Act, 1988, Ss.3 & 17 - S.3 mandates the Central Government to establish Central Electricity Regulatory Commission - No such mandate has been imposed on the State Government to constitute such a Commission - Establishment of a State Commission by the State Government, therefore, is directory - Court cannot issue a writ or order directing State to constitute such a Commission. 2009(3) Apex Court Judgments 229 (S.C.)
Electricity Regulatory Commissions Act, 1988, S.29 - Tariff - Regulatory Commission is the sole authority to determine the tariff only after its constitution. 2009(3) Apex Court Judgments 229 (S.C.)
Electricity Regulatory Commissions Act, 1988, S.29 - Tariff - Rule of law postulates that all laws would be prospective - Commission is not empowered to frame tariff with retrospective effect. 2009(3) Apex Court Judgments 229 (S.C.)
Electricity Regulatory Commissions Act, 1988, Ss.29 & 52 - A non obstante clause contained in S.29 or S.52 of the Act would be attracted only when the Commission comes into force and not prior thereto. 2009(3) Apex Court Judgments 229 (S.C.)
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948, S.49 - Electricity Regulatory Commission Act, 1948 does not repeal the 1948 Act - It cannot be contended that after enactment of 1998 Act, notwithstanding Constitution of a Commission, Board has no jurisdiction at all to frame a tariff. 2009(3) Apex Court Judgments 229 (S.C.)
Electricity (Supply) Act, 1948, S.49 - Tariff - Power to make tariff includes power to revise the same. 2009(3) Apex Court Judgments 229 (S.C.)
Evidence Act, 1872
Evidence Act, 1872, S.32 - Dying declaration - Certificate of doctor - There is no requirement of law that dying declaration must necessarily contain a certificate by the doctor that the patient was in a fit state of mind especially when dying declaration was recorded by a Magistrate. 2009(3) Apex Court Judgments 237 (S.C.)
Evidence Act, 1872, S.32 - Dying declaration - Recorded by doctor - In his deposition doctor categorically sated that the deceased while making the dying declaration was conscious and in a fit mental condition to make such a statement - Held, dying declaration can be relied upon as the same was truthfully recorded and said statement gave a vivid account of the manner in which the incident had taken place. 2009(3) Apex Court Judgments 237 (S.C.)
Evidence Act, 1872, S.32 - Dying declaration - Signatures or thumb impression of deceased not taken - If a dying declaration is true and voluntary the same cannot be rejected merely on the ground that person who recorded the dying declaration did not or could not take the signature of the deceased on the dying declaration. 2009(3) Apex Court Judgments 237 (S.C.)
Indian Penal Code, 1860
Indian Penal Code, 1860, S.43 - Illegal - It consists of three ingredients : (1) everything which is an offence; (2) everything which is prohibited by law; and (3) everything which furnishes ground for civil action. 2009(3) Apex Court Judgments 361 (S.C.)
Indian Penal Code, 1860, S.120-B, National Housing Bank Act, 1987, Ss.14 & 49 - Grant of loan violating statutory provisions of law - Accused had the knowledge of the said transaction - Held, accused rightly convicted for commission of the offence of criminal conspiracy. 2009(3) Apex Court Judgments 361 (S.C.)
Indian Penal Code, 1860, S.120-B - Criminal conspiracy - Ingredients of the offence are : (i) an agreement between two or more persons; (ii) the agreement must relate to doing or causing to be done either (a) an illegal act; (b) an act which is not illegal in itself but is done by illegal means - Criminal conspiracy is hatched in secrecy and it is difficult to obtain direct evidence to establish the same - Manner and circumstances in which offence is committed and the level of involvement of the accused persons therein are relevant factors - It is necessary to prove that the propounders had expressly agreed to or caused to be done the illegal act but it may also be proved otherwise by adduction of circumstantial evidence and/or by necessary implication - Agreement is essential and mere knowledge, or even discussion, of the plan is not, per se enough - Conduct of parties is also relevant. 2009(3) Apex Court Judgments 361 (S.C.)
Indian Penal Code, 1860, S.405 - Criminal breach of trust - Breach of trust simpliciter involves a civil wrong - However, a breach of trust with mens rea gives rise to a criminal prosecution as well - Element of 'dishonest intention' is therefore an essential element to constitute the offence of criminal breach of trust - The most essential ingredient of proof of criminal breach of trust is misappropriation with a dishonest intention - Breach of trust simpliciter is not an offence as is it not associated with intention which is dishonest. 2009(3) Apex Court Judgments 361 (S.C.)
Indian Penal Code, 1860, S.405 - Criminal breach of trust - Prosecution is not obliged to prove the precise mode of conversion, misappropriation or misapplication by the accused of the property entrusted to him or over which he has dominion - Entrustment of property and failure, in breach of an obligation, to account for the property entrusted, if proved, may in the light of other circumstances, justifiably lead to an inference of dishonest misappropriation or conversion - Conviction of a person for the offence of criminal breach of trust may not, in all cases, be founded merely on his failure to account for the property entrusted to him, or over which he has dominion, even when a duty to account is imposed upon him but where he is unable to account which is untrue, an inference of misappropriation with dishonest intent may readily be made. 2009(3) Apex Court Judgments 361 (S.C.)
Indian Penal Code, 1860, S.409 - Criminal breach of trust by public servant - Ingredients of the offence u/s 409 IPC are : (1) The accused must be a public servant; (2) He must have been entrusted, in such capacity with the property; (3) He must have committed breach of trust in respect of such property. 2009(3) Apex Court Judgments 361 (S.C.)
Indian Penal Code, 1860, Ss.409, 406 - Criminal breach of trust by public servant - It is provision of S.409 which applies. 2009(3) Apex Court Judgments 361 (S.C.)
Indian Penal Code, 1860, Ss.420, 24 - Dishonestly - Defined in S.24 of the Act means doing anything with intention of causing wrongful gain to one person or wrongful loss to another - Offence is complete when misappropriation of property is made dishonestly - Even a temporary misappropriation falls within the ambit of said offence. 2009(3) Apex Court Judgments 361 (S.C.)
Industrial Disputes Act, 1947
Industrial Disputes Act, 1947, S.25-F - It is for the workman to establish that he was engaged for more than 240 days in the 12 months preceding the date of alleged termination. 2009(3) Apex Court Judgments 281 (S.C.)
Industrial Disputes Act, 1947, S.25-F - Working for 240 days continuously - When a casual employee is employed in different establishments of a Corporation, Institution or Authority, the concept of continuous service under one employer cannot be applied. 2009(3) Apex Court Judgments 272 (S.C.)
Insurance Act, 1938
Insurance Act, 1938, S.2(d) Expln. - Material fact - Any fact which would influence the judgment of a prudent insurer in fixing the premium or determining whether he would like to accept the risk - Any fact which goes to the root of the Contract of Insurance and has a bearing on the risk involved would be 'material'. 2009(3) Apex Court Judgments 244 (S.C.)
Insurance Act, 1938, S.2(d) Expln. - 'Material' - Means and includes all "important", "essential" and "relevant" information in the context of guiding the insurer to decide whether to undertake the risk or not. 2009(3) Apex Court Judgments 244 (S.C.)
Insurance Act, 1938, S.45 - Mediclaim policy - Non disclosure of existence of chronic disease at the time of taking of policy - Insurance Company is justified in repudiating the claim. 2009(3) Apex Court Judgments 244 (S.C.)
Insurance Act, 1938, S.45 - Provision of S.45 of the Act applies to a life insurance policy and not to a mediclaim policy which is entirely different from a life insurance policy. 2009(3) Apex Court Judgments 244 (S.C.)
Land Acquisition Act, 1894
Land Acquisition Act, 1894, Ss.4, 6, 9 & 18 - Land acquisition - Compensation - For the purpose of computation of amount of compensation a large number of factors have to be taken into consideration, namely, nature and quality of land, whether irrigated or unirrigated, facilities for irrigation like existence of well etc., presence of fruit bearing trees, the location of the land, closeness to any road or highway, the evenness thereof whether there exists any building or structure. 2009(3) Apex Court Judgments 261 (S.C.)
Land Acquisition Act, 1894, Ss.4, 6 & 18 - Land acquisition - Compensation - Depends upon facts and circumstances of each case - Depends upon amount of consideration mentioned in sale deeds of similar situated land near about the date of issuance of notification - In absence of any such exemplars, the market value can be determined on yield basis or in case of an orchard on the basis of number of fruit bearing trees. 2009(3) Apex Court Judgments 299 (S.C.)
Land Acquisition Act, 1894, Ss.4, 6 & 18 - Land acquisition - Compensation - Even if the entire land is of one village one standard for determining the market value should not be applied. 2009(3) Apex Court Judgments 299 (S.C.) 3o 3 p align="justify">Land Acquisition Act, 1894, Ss.4, 6 & 18 - Land acquisition - Compensation - Market value - Depends upon a large number of factors including the nature and quality thereof - Norms for determination of the market value of the agricultural land and homestead land are different - In given cases location of land and in particular, closeness thereof from any road or high-way would play an important role for determination of the market value wherefor belting system may in appropriate cases may be resorted to - Position of the land, particularly in rainy season, existence of any building etc. also plays an important role - A host of other factors including development in and around the acquired land and/or the potentiality of development will also have a bearing on determination of the fair market value of the land. 2009(3) Apex Court Judgments 299 (S.C.)
Land Acquisition Act, 1894, Ss.4, 6, 18 - Land acquisition - Compensation - For the purpose of determination of price of acquired land, the Courts would be well advised to consider the positive and negative facts. 2009(3) Apex Court Judgments 299 (S.C.)
Land Acquisition Act, 1894, Ss.4, 6, 23(2), 18 - Land acquisition - Compensation - Acquisition of large tracts of land - Collector divided land into six categories - Reference Court classified the land into two categories and gave detailed reasons as to why compensation was enhanced having regard to classification of land as also on ground that there were fruit bearing trees - Finding of fact not liable to be interfered with by High Court - High Court order set aside and that of reference Court restored. 2009(3) Apex Court Judgments 261 (S.C.)
Land Acquisition Act, 1894, Ss.4, 11 - Land acquisition - Compensation - Agricultural land and orchard - Valuation - Stand on different footings - Former requires the application of known legal principles of valuation while in case of latter, different principles namely, multiplier of 8 or 10, on the basis of multiplicand which is yield from trees or plantation is applicable. 2009(3) Apex Court Judgments 261 (S.C.)
Land Acquisition Act, 1894, Ss.4, 11 - Land acquisition - Compensation - Fruit bearing trees - Compensation in relation to fruit bearing trees is determined by capitalization method. 2009(3) Apex Court Judgments 261 (S.C.)
Land Acquisition Act, 1894, S.18, Civil Procedure Code, 1908, O.1.R.10 - Land acquisition - Compensation - Reference - Impleadment of a party claiming title to property in reference proceedings - Reference made only in respect of the amount of compensation - No reference made in regard to the right of persons to whom it was payable or apportionment of compensation amongst the persons interested - In the event there is a dispute with regard to the title or apportionment of the amount of compensation, a proper reference has to be made - Only when such a reference is made, the dispute between the claimant can be gone into and not in a reference proceedings of the nature referred to by Collector in the instant case. 2009(3) Apex Court Judgments 404 (S.C.)
Land Acquisition Act, 1894, S.18 - Land acquisition - Compensation - Reference - Land owner has a statutory right to ask Collector for reference to Court with regard to compensation and his objections to the amount awarded by Collector. 2009(3) Apex Court Judgments 261 (S.C.)
Land Acquisition Act, 1894, S.18 - Land acquisition - Compensation - Reference - Reference Court is under a duty to consider all objections raised by land owner by giving claimant necessary opportunity to establish his claim. 2009(3) Apex Court Judgments 261 (S.C.)
Land Acquisition Act, 1894, S.23 - Land acquisition - Compensation - Market value - Depends upon a large number of factors - The first is nature and quality of land whether agricultural land or homestead land - If it is agricultural land then other factors relevant are also required to be considered viz. as to whether it is irrigated or non-irrigated, extent of facilities available for irrigation, location of the land, closeness thereof from any road or highway, the evenness of land, its position in different seasons particularly in rainy season, existence of any building or structure as also the development in and around the area - A host of other factors will also have a bearing on determining the valuation of land - Also depends upon deed of sale executed in respect of similarly situated land near about the date of issuance of notification and in absence thereof whether claim can be determined on yield basis or in case of an orchard on the basis of any number of fruit bearing trees and the yield therefrom - One other important factor which also should be borne in mind is that it may not be safe to rely only on an award involving a neighbouring area irrespective of the nature and quality of the land. 2009(3) Apex Court Judgments 309 (S.C.)
Land Acquisition Act, 1894, S.23 - Land acquisition - Compensation - Market value - While comparing the market value of developed lands with that of undeveloped lands, Court has to make suitable deductions towards the cost of development - In the instant case one third deductions made towards development costs considering the fact the land is abutting National Highway and near district and 10% escalation per year has to be added. 2009(3) Apex Court Judgments 309 (S.C.)
Marriage
Marriage - Major girl above 18 years - Has a choice to marry anyone she likes - Parents if do not approve intercaste or inter-religion marriage can only cut off social relations with the daughter but cannot give threats or commit or instigate acts of violence and cannot harass the person, as, such acts would be unlawful. 2009(3) Apex Court Judgments 403 (S.C.)
Marriage - Major girl above 18 years - Marrying of her own choice - Parents of girl cannot give threats or commit or instigate acts of violence - In case couple feels insecure they can apply to police and in that event police shall grant protection to them. 2009(3) Apex Court Judgments 403 (S.C.)
Motor Vehicles Act, 1988
Motor Vehicles Act, 1988, S.166 - Accident - Compensation - Tribunal stricto sensu not bound by the pleadings of the parties. 2009(3) Apex Court Judgments 224 (S.C.)
Motor Vehicles Act, 1988, S.166 - Bus reversed without blowing horn and hit the person standing behind who suffered head injury and died - Driver was thus negligent - Some discrepancies in the evidence of claimants - Court has to see whether bus was involved in the accident or not - For the purpose of determining the issue Court is to apply the burden of proof in terms of S.106 Evidence Act - Strict proof of an accident caused by a particular bus in a particular manner may not be possible by the claimants - Claimants are merely to establish their case on the touchstone of preponderance of probability. 2009(3) Apex Court Judgments 224(S.C.)
Motor Vehicles Act, 1988, S.167 - Just compensation - The expression 'just' to be given its logical meaning - Whereas it cannot be a bonanza or a source of profit but in considering as to what would be just and equitable, all facts and circumstances must be taken into consideration. 2009(3) Apex Court Judgments 410 (S.C.)
Motor Vehicles Act, 1988, Second Schedule - Accident - Compensation - Amputation of both legs - Held, in case of a person suffering 100% disability but alive, a direction to deduct 1/3rd of amount from his total income need not always be insisted upon. 2009(3) Apex Court Judgments 410 (S.C.)
Motor Vehicles Act, 1988, Second Schedule - Accident - Compensation - Amputation of both legs - Tribunal applying structured formula - No illegality. 2009(3) Apex Court Judgments 410 (S.C.)
Negotiable Instruments Act, 1881
Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - An offence is committed u/s 138 of the Act only when all the ingredients of the offence are satisfied. 2009(3) Apex Court Judgments 321 (S.C.)
Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Complaint can be filed by payee through his power of attorney holder. 2009(3) Apex Court Judgments 409 (S.C.)
Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - To constitute the offence, ingredients required to be fulfilled are : (i) a person must have drawn a cheque on an account maintained by him in a bank for payment of a certain amount of money to another person from out of that account; (ii) The cheque should have been issued for the discharge, in whole or in part, of any debt or other liability; (iii) that cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity whichever is earlier; (iv) that cheque is returned by the bank unpaid, either because of the amount of money standing to the credit of the account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with the bank; (v) the payee or the holder in due course of the cheque makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, within 15 days of the receipt of information by him from the bank regarding the return of the cheque as unpaid; (vi) the drawer of such cheque fails to make payment of the said amount of money to the payee or the holder in due course of the cheque within 15 days of the receipt of the said notice. 2009(3) Apex Court Judgments 321 (S.C.)
Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.482 - Cheque issued from an account not maintained by accused but by someone else - Accused cannot be prosecuted as one of the ingredients that cheque must have been issued on an account maintained by him not fulfilled - Complaint quashed. 2009(3) Apex Court Judgments 321 (S.C.)
Negotiable Instruments Act, 1881, S.138, Evidence Act, 1872, Ss.45, 73 - Dishonour of cheque - Cheque alleged to be forged and fabrication - Comparison of signatures by an expert - Opportunity granted to examine an expert at own cost. 2009(3) Apex Court Judgments 335 (S.C.)
Nomination
Nomination - Any beneficial interest is not conferred on the nominee after the death of the person concerned - Nomination indicates the hand which is authorised to receive the amount or manage the property - Property or the amount, as the case may be, can be claimed by the heirs of the deceased, in accordance with the law of succession, governing them. 2009(3) Apex Court Judgments 275 (S.C.)
Prevention of Corruption Act, 1988
Prevention of Corruption Act, 1988, S.13(1) - Corruption case - Fact finding committee appointed - Report holding a person guilty of offence - Report cannot form basis of conviction. 2009(3) Apex Court Judgments 361 (S.C.)
Prevention of Corruption Act, 1988, S.13(1)(d)(iii) - Public servant - Corruption - Grant of loan to a private person against statutory provisions of law - Private person utilized loan and returned back same with interest - Held, Bank officers are guilty of offence under Prevention of Corruption Act. 2009(3) Apex Court Judgments 361 (S.C.)
Prevention of Corruption Act, 1988, S.19 - Corruption - Public servant - Sanction for prosecution - Officer of Reserve Bank of India sent on deputation to National Housing Bank wherein he was absorbed permanently - Sanction for prosecution granted by Chairman-cum-Managing Director of Housing Bank - Sanction is legal and valid - Regulations of Reserve Bank of India do not apply. 2009(3) Apex Court Judgments 361 (S.C.)
Prevention of Corruption Act, 1988, S.19(3) - Corruption case against Public Servant - Sanction for prosecution - Sanctioning Authority need not be examined as a witness by the prosecution. 2009(3) Apex Court Judgments 278 (S.C.)
Prevention of Corruption Act, 1988, S.19(3) - Corruption - Public servant - Sanction for prosecution - Granted by Authority not competent to grant - Accused convicted - Conviction cannot be set aside if there was no failure of justice on account of error in order of sanction. 2009(3) Apex Court Judgments 361 (S.C.)
Prevention of Corruption Act, 1988, S.19(3) - Public Servant - Corruption case - Sanction for prosecution - Conviction cannot be set aside on the ground of 'error, omission or irregularity' in passing the sanction order without recording a finding that a serious failure of justice has been caused to the accused. 2009(3) Apex Court Judgments 278 (S.C.)
Punjab Civil Services Rules
Punjab Civil Services Rules, Rule 4.19, 6.16(2) and note 1 of R.5.32(b) - Rule 6.16(2) cannot be divided into two separate compartments - Pension is permissible to an employee who completes service of not less than 33 years or more - Pro-rata pension is also available to an employee who puts in a service of 10 years or more - Pension to a employee who resigns is permissible wherein he puts service of 30 years which in a special case could be 25 years. 2009(3) Apex Court Judgments 419 (S.C.)
Rajasthan High Judicial Service Rules, 1969
Rajasthan High Judicial Service Rules, 1969, R.6(2) - Strength of service - Cannot be varied without specifically varying the same under rule 6(2) by merely creating courts or naming the places of such proposed courts. 2009(3) Apex Court Judgments 217 (S.C.)
Rajasthan High Judicial Service Rules, 1969, R.9 - Every fourth post to be filled by direct recruitment - At relevant time there were 28 vacancies - Direct recruitment has to be restricted to seven - Moreover maximum quota for direct recruits prescribed and not minimum quota - It could be varied at the discretion of the authorities. 2009(3) Apex Court Judgments 217 (S.C.)
Reserve Bank of India Act, 1934
Reserve Bank of India Act, 1934, S.42 - Cash Reserve ratio - Provision is mandatory in nature - Maintaining cash reserve ratio is a statutory requirement - Consequences of non compliance are provided in S.42(3) and (3A). 2009(3) Apex Court Judgments 361 (S.C.)
Service
Service - Ad hoc appointment - Ad hoc appointment does not count for the purpose of seniority. 2009(3) Apex Court Judgments 339 (S.C.)
Service - Ad hoc appointment - It is always to a post but not to the cadre/service and is also not made in accordance with the provisions contained in the recruitment rules for regular appointment. 2009(3) Apex Court Judgments 339 (S.C.)
Service - Appointment - Advertisement for seven posts - Mere inclusion of the words in the advertisement that "the number of posts is likely to increase" does not mean that it can be taken for granted that selection which was advertised for seven posts, was intended for more posts. 2009(3) Apex Court Judgments 217 (S.C.)
Service - Appointment - Advertisement for seven posts - Writ petitioner placed at eighth position - In absence of any challenge to the advertisement, writ petitioner has no legal right to challenge the selection and appointment. 2009(3) Apex Court Judgments 217 (S.C.)
Service - Appointment - Cannot be made in excess of the number of posts advertised. 2009(3) Apex Court Judgments 217 (S.C.)
Service - Cadre strength - Temporary or permanent posts created outside the cadre cannot be taken into consideration for determining the strength of the cadre. 2009(3) Apex Court Judgments 217 (S.C.)
Service - Daily wagers - Not members of any cadre. 2009(3) Apex Court Judgments 339 (S.C.)
Service - Heart disease - Medical bills - Reimbursement - Circular issued by State Govt. that medical bills in connection with the heart disease shall be reimbursed in its entirety - Held, authorities of State are bound thereby - Employee is entitled to reimbursement of medical bill in its entirety. 2009(3) Apex Court Judgments 350 (S.C.)
Service - Natural justice - Opportunity of hearing - Petition decided by holding that an opportunity of hearing before passing the impugned order was mere empty formality and even if an opportunity of hearing was granted, result would have been the same - Logic adopted incomprehensible - As case involved disputed facts, respondents without affording an opportunity of hearing, could not have taken any administrative decision unilaterally - Held High Court was not justified in concluding "unless formality theory" need not have been followed by respondents - Impugned order not sustainable - Appeal allowed. 2009(3) Apex Court Judgments 355 (S.C.)
Service - Order of retrenchment in violation of S.25-F Industrial Disputes Act when set aside then award of reinstatement is not automatically passed - Rather it is compensation which is payable - Case of a daily wager and a permanent employee is distinguishable. (Industrial Disputes Act, 1947, S.25-F). 2009(3) Apex Court Judgments 256 (S.C.)
Service - Order of retrenchment in violation of S.25-F of Industrial Disputes Act - It is compensation and not reinstatement which is allowed - For awarding compensation many factors are to be considered viz. manner and method of appointment, nature of employment and length of service - Of course, each case will depend upon its own facts and circumstances. (Industrial Disputes Act, 1947, S.25-F). 2009(3) Apex Court Judgments 256 (S.C.)
Service - Pension - Resignation from Govt. post with permission of Govt. for joining Bank service - Retired from service of Bank on superannuation - For eligibility of pension employee has to complete a service of 30 years, which is not completed, and service with Bank not to be counted towards Govt. service - Held, petitioner is not entitled to pension. (Punjab Civil Service Rules, R.6.16(2), R.5.32(b). 2009(3) Apex Court Judgments 419 (S.C.)
Service - Promotion - Question of promotion arises only when appointment is a regular appointment. 2009(3) Apex Court Judgments 339 (S.C.)
Service - Regularization - Acceptance of conditional regularization - It is acceptance of conditions also. 2009(3) Apex Court Judgments 430 (S.C.)
Service - Regularization - Ad hoc employees - Not member of the service, cannot expect regularization straightway. 2009(3) Apex Court Judgments 430 (S.C.)
Service - Seniority - Ad hoc appointees - Appointed without taking any examination under Public Service Commission or undergoing any recruitment process - Not members of the service - Cannot claim seniority over those properly appointed - Mere subsequent regularization does not confer any right to the ad-hoc appointees to claim sonority over those who are already on service. 2009(3) Apex Court Judgments 430 (S.C.)
Service - Seniority - Ad hoc appointees - Period of ad hoc appointment not to be reckoned for fixing seniority. 2009(3) Apex Court Judgments 430 (S.C.)
Service - Sonority - Appointment on ad hoc basis and also through Public Service Commission - Ad hoc appointees not taking any competition and even desisted from taking the examination though it was expressly required - Held, ad hoc employees were rightly placed below the appointees through Commission. 2009(3) Apex Court Judgments 430 (S.C.)
Service - There can be no claim to be appointed against future vacancies. 2009(3) Apex Court Judgments 217 (S.C.)
Service - Transfer - Scope of judicial review is limited - High Court would not interfere with an order of transfer lightly, be it at interim stage or final hearing - This is so because the courts do not substitute their own decision in the matter of transfer. 2009(3) Apex Court Judgments 401 (S.C.)
Service - 'Member of service" - To become "a member of service" candidate must satisfy four conditions, namely (i) the appointment must be in a substantive capacity; (ii) to a post in the service i.e. in a substantive vacancy; (iii) made according to rules; (iv) within the quota prescribed for the source. 2009(3) Apex Court Judgments 339 (S.C.)
Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992
Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992, Ss.2(c) and 7(2) - Call money transactions - Offence as to - Jurisdiction of Special Court to try the offence - Held, Special Court has jurisdiction even in case where transaction is somehow related to securities which extends also to the utilization of any amount relating to transactions in securities and for matters connected therewith or incidental thereto. 2009(3) Apex Court Judgments 361 (S.C.)
Stamp Act, 1899
Stamp Act, 1899, Articles 23, 63, Transfer of Property Act, 1882, Ss.54, 105 - Lease - Assignment of lease hold rights - It is merely an enjoyment of land and not transfer of ownership - Document is a transfer of assignment of lease and not an outright sale of land - Stamp duty not to be calculated on the market value but on the amount of consideration mentioned in the deed itself. 2009(3) Apex Court Judgments 288 (S.C.)
Statute
Statute - Interpretation - A statute does not envisage doing anything which is impossible to be done - Principles required to be adopted by the Commission are not required to be adopted by the Electricity Boards despite the fact that the Commission did not come into existence. 2009(3) Apex Court Judgments 229 (S.C.)
Telephone
Telephone - Dispute regarding telephone bills - Consumer complaint - Held, when special remedy is provided u/s 7-B of Indian Telegraph Act then remedy under Consumer Protection Act is by implication barred. (Telegraph Act, 1885, S.7-B, Consumer Protection Act, 1986). 2009(3) Apex Court Judgments 227 (S.C.)
Transfer of Property Act, 1882
Transfer of Property Act, 1882, S.3 - Immovable property - When an immovable property such as land is transferred by way of assignment of lease, all appurtenances thereto attached to the earth such as buildings and fixtures thereto would also stand assigned. 2009(3) Apex Court Judgments 288 (S.C.)
Transfer of Property Act, 1882, Ss.54, 23 - Market value - Sale consideration - Question as to whether it is on the date when agreement was executed or on the date when deed is executed - There is no straight jacket formula - Depends upon various factors - Where delay is caused intentionally to execute deed after execution of agreement, market value is to be determined as on date when deed is executed and not when agreement to sell or lease the property is executed - When delay is caused due to the lessor the market value is to be determined on the date when the agreement was entered. 2009(3) Apex Court Judgments 288 (S.C.)
Words and phrases
Words and phrases - As far as possible - These words give discretion to the authorities - Court cannot interfere with this discretion. 2009(3) Apex Court Judgments 217 (S.C.)
|
