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case_law:supreme_court_quarterly_digest_july_-_september_2018_part_3_125127122018

Supreme Court Quarterly Digest July - September 2018 Part 3

Education - District Education Officer takes a fresh decision in place of the earlier decision taken on 13.04.2018 after hearing all the parties, since that is the genesis of the dispute arising in the present appeal. Indian Evangelical Lutheran Church Nagercoil Synod v. S. Muthuraj, 2018 (9) Scale 45 C.A. No. 6101 of 2018 06-07-2018

Education - M.P. Education Service (School Branch) Recruitment and Promotion Rules, 1982 - Even if these appeals are allowed, the appellants are not going to get any benefit since the subsequent amendments will still stand in their way. Therefore, these appeals are disposed of with liberty to the appellants to take all available contentions before the High Court. Archana Rathore v. State of Madhya Pradesh, C.A. No. 10008 of 2018 26-09-2018

Education - Open Distance Learning - Degree in Engineering - Whether a Deemed to be University, without there being any approval from the AICTE, could start courses leading to award of Degrees in Engineering through Open Distance Learning. Jai Singh v. University Grants Commission, 2018 (13) Scale 15 W.P. (C) No. 905 of 2018 24-09-2018

Education - University can’t devise its own fee structure for Medical / Engineering Professional Degree Courses. M. Aamira Fathima v. Annamalai University, 2018 (8) Scale 728 : (2018) 9 SCC 171 C.A. No. 6654 of 2018 13-07-2018

Election - Applicability of NOTA to the Rajya Sabha elections - Option of NOTA may serve as an elixir in direct elections but in respect of the election to the Council of States which is a different one, it would not only undermine the purity of democracy but also serve the Satan of defection and corruption. Shailesh Manubhai Parmar v. Election Commission of India through the Chief Election Commissioner, AIR 2018 SC 3918 : JT 2018 (9) SC 67 : 2018 (10) Scale 52 : 2018 (7) SLT 445 : (2018) 9 SCC 100 W.P. (C) No. 631 of 2017 21-08-2018

Election - Electronic Form- Any reform of the electoral process to permit the filing of nominations electronically would have to be carried out by a legislative amendment. West Bengal State Election Commission v. Communist Party of India (Marxist), AIR 2018 SC 3964 : 2018 (10) Scale 186 C.A. No. 8515 of 2018 24-08-2018

Election - Panchayati Raj Act 1994 (Haryana) - S.176 - Determination of validity of election enquiry by judge and procedure - Section 176 (1) clearly specifies a period of 30 days from the date of the declaration of the results of the election within which an election petition has to be filed. There is no provision for condoning delay or for extending the period of limitation. Suman Devi v. Manisha Devi, AIR 2018 SC 3912 : 2018 (4) RCR (Civil) 194 : JT 2018 (8) SC 225 : 2018 (10) Scale 45 : (2018) 9 SCC 808 C.A. No. 8337 of 2018 21-08-2018

Election - Village Panchayat - Disqualifications - Removal from an elected post - Concept of - When a person shares an encroached property by residing there and there is continuance, he/she has to be treated as disqualified. Janabai v. Additional Commissioner, JT 2018 (9) SC 217 : 2018 (5) Mh.L.J. 921 : 2018 (11) Scale 275 C.A. No. 6832 of 2018 19-09-2018

Election Law - Madhya Pradesh Panchayat (Election Petition, Corrupt Practices and Disqualification for Members) Rules, 1995 - R.7 - Deposit of Security - Whether deposit of security along with the presentation of an election petition is to be made by way of payment before the Specified Officer or whether it is sufficient to deposit the amount in the name of the Specified Officer in the Bank. Lalli Patel v. State of Madhya Pradesh, JT 2018 (9) SC 65 : 2018 (10) Scale 128 14-08-2018

Election Law - Representation of the People Act 1951 - S.8 - Criminal P.C. 1973 - S.389 - Disqualification on conviction for certain offences. Lok Prahari, through its General Secretary S.N. Shukla v. Election Commission of India, 2018 (14) Scale 107 : 2018 (4) RCR (Civil) 687 W.P. (C) No. 330 of 2016 26-09-2018

Election Law - Representation of the People Act, 1951 - Disqualifications for membership - Criminal Background. Public Interest Foundation v. Union of India, AIR 2018 SC 4550 : JT 2018 (9) SC 344 : 2018 (4) RCR (Criminal) 400 : 2018 (11) Scale 414 W. P. (C) No. 536 of 2011 25-09-2018

Election Law - Representation of the People Act, 1951 - Ss. 123 (1) & (2) - High Court Rules, 1993 (Gujarat) - Corrupt practices of “bribery” and “undue influence” - the election petition is required to be placed for orders before the Court by the office only after removal of office objections as per Rule 285. If the office objections are pending and not cured within the prescribed period, the office is obliged to list the matter before the Court for appropriate orders under Rule 284. Patel Ahmed Mohammad v. Balwant Singh Rajput, AIR 2018 SC 4886 : JT 2018 (10) SC 370 : 2018 (11) Scale 750 C.A. No. 10005 of 2018 26-09-2018

Electricity Act, 2003 - Ss. 61 & 62 - Damodar Valley Corporation Act, 1948 - S. 20 - Objects & Reasons for its incorporation - Discussed. Bhaskar Shrachi Alloys v. Damodar Valley Corporation, AIR 2018 SC 3731 : JT 2018 (7) SC 147 : 2018 (9) Scale 106 : (2018) 8 SCC 281 C.A. No. 971 of 2008 23-07-2018

Environmental Law - Non-forest activities including mining operations are carried out in the forests under the garb of lease executed by the State of Chhattisgarh - State Government has initiated disciplinary proceedings against its officials who have found to be guilty of professional misconduct - Confiscated iron ore has been mined from the adjoining forest land - authorities concerned are free to auction the aforesaid confiscated iron ore in accordance with law - it is not necessary to direct the CBI enquiry as prayed for in the applications. T.N. Godavarman Thirumulpad v. Union of India, JT 2018 (9) SC 122 : 2018 (11) Scale 221 : (2018) 9 SCC 760 W.P. (C) No. 202 of 1995 14-09-2018

Eviction & Rent Control - In cases where protection under a Rent Act is available, no eviction can be ordered unless ground seeking eviction is made out, even if parties had entered into a compromise. Alagu Pharmacy v. N. Magudeswari, AIR 2018 SC 3821 : 2018 (130) ALR 692 : 2018 (5) CTC 446 : JT 2018 (8) SC 19 : 2018 (9) Scale 637 : (2018) 8 SCC 311 CA 8256 of 2018 14-08-2018

Evidence Law - Confessional Statement of a Co-accused cannot by itself be taken as a Substantive Piece of Evidence against another Co-accused. Surinder Kumar Khanna v. Intelligence Officer Directorate of Revenue Intelligence, 2018 (3) JKJ 39 : 2018 (3) KLJ 808 : 2018 (3) KLT 1027 bit.ly/CrlA949of2018 31-07-2018

Evidence Law - Gunshot - Absence of bullet holes on the clothes of the deceased creates a doubt about the case of the prosecution. State of Uttar Pradesh v. Raja, 2018 (4) RCR (Criminal) 250 : 2018 (11) Scale 265 Crl.A. No. 396 of 2015 30-08-2018

Evidence Law - Question of Identification by Voice - Identification from the voice of the accused may be possible if there is evidence to show that the witness was sufficiently acquainted with the accused in order to recognize him or her by voice. Dola @ Dolagobinda Pradhan v. State of Odisha, AIR 2018 SC 4020 : 2018 (2) ALD (Cri) 674 : JT 2018 (8) SC 302 : 2018 (4) RCR (Criminal) 137 : 2018 (10) Scale 270 http://bit.ly/CrlA1095of0218 29-08-2018

Evidence Law - Reports of the Forensic Science Laboratory - Ballistic Experts - Samples collected from the scene of the offence had bloodstains of human origin - However, since the bloodstains were disintegrated by the time the bloodstains were examined by the Forensic Science Laboratory, the blood group could not be determined. For the same, the accused cannot be unpunished, more particularly when the bloodstains were found of human origin. Prabhu Dayal v. State of Rajasthan, 2018 CrLJ 3901 : 2018 (3) RCR (Criminal) 700 : 2018 (8) Scale 520 : (2018) 8 SCC 127 Crl.A. No. 2324 of 2014 04-07-2018

Evidence Law - Test Identification Parade is not a substantive evidence. Its purpose is only to help the investigating agency ascertain as to whether the investigation in the case is heading in the right direction or not. There is no provision in CrPC which obliges the investigating agency to hold or confer a right on the accused to claim a test identification parade. Absence to hold it would not make inadmissible the evidence of identification in court. Raju Manjhi v. State of Bihar, AIR 2018 SC 3592 : 2018 All.M.R.(Cri.) 4474 : 2018 CriLJ 4342 : 2018 (3) Crimes 477 : 2018 (3) JLJR 365 : JT 2018 (7) SC 429 : 2018 (9) Scale 360 : 2018 (6) SLT 296 Crl.A. No. 1333 of 2009 02-08-2018

Evidence Law - testimony of a witness cannot be discarded in toto merely due to the presence of embellishments or exaggerations. Menoka Malik v. State of West Bengal, AIR 2018 SC 4011 : 2018 (4) JLJR 31 : JT 2018 (8) SC 320 : 2018 (4) PLJR 69 : 2018 (10) Scale 234 http://bit.ly/CrlA1198of2006 28-08-2018

Evidence Law - The principle of ‘Falsus in uno falsus in omnibus’ has not been accepted in our country - Even if some accused are acquitted on the ground that the evidence of a witness is unreliable, the other accused can still be convicted by relying on the evidence of the same witness - Minor contradictions and omissions in the evidence of a witness are to be ignored if there is a ring of truth in the testimony of a witness. State of Andhra Pradesh v. Pullagummi Kasi Reddy Krishna Reddy @ Rama Krishna Reddy, 2018 (2) ALD (Cri) 346 : 2018 CriLJ 4357 : 2018 (8) Scale 399 Crl.A. No. 2089-2090 of 2009 03-07-2018

Evidence Law - When a party relies upon any evidence, whether it is oral or documentary, in support of his case, the Court / Committee / Authority, as the case may be, and especially the original Court is under an obligation to apply its mind to the entire documentary evidence on which the party has placed reliance for proving his case and record its reasoned findings whether accepting the evidence or rejecting it. Vilas Dinkar Bhat v. State of Maharashtra, 2018 (6) All.M.R. 455 : AIR 2018 SC 3776 : JT 2018 (7) SC 555 : 2018 (9) Scale 521 : (2018) 9 SCC 89 : 2018 (6) SLT 747 C.A. No. 2095 of 2007 10-08-2018

Family Law - Custody of Child - Visitation Right - the Principal of the School to keep informed both the parents on their mobile numbers and e-mail addresses regarding any activities in the school where both the parents can participate. Rajiv Vijayasarathy Ratnam v. Savitha Seetharam, C.A. No. 9340 of 2018 11-09-2018

Family Law - Divorce - Cruelty & Desertion - Parties have been living separately for last more than a decade - Mediation failed - Husband is directed to pay Rs. 10,00,000/- towards permanent alimony and maintenance to the wife and daughter, in two installments - Dissolution of marriage shall be subject to fulfillment of the aforesaid conditions. Manju Kumari Singh @ Manju Singh v. Avinash Kumar Singh, AIR 2018 SC 3629 : 2018 (5) ALD 136 : JT 2018 (7) SC 180 : 2018 (9) Scale 189 C.A. No. 6988 of 2018 25-07-2018

Family Law - Divroce - Trial Court granted decree of divorce on the ground of cruelty - aggrieved by the judgment of the High Court whereby the decree of divorce granted by the Trial Court was reversed - parties have finally settled their disputes amicably - decree of divorce on mutual consent - Since the parties have settled all their disputes, they shall not initiate any fresh civil or criminal proceedings against each other and their family members on account of the matrimonial disputes and the pending litigations shall be terminated appropriately. Bhupender Singh v. Reema, 2018 (3) RCR (Civil) 644 : 2018 (9) Scale 228 C.A. No. 6219 of 2018 10-07-2018

Family Law - Interim Maintenance - a party is not unjustly denied of his rights on the one hand, at the same time, interest of judgment-debtor during intra-appeal is also not unjustly denied. Udita Nabha v. Ranjeet Nabha, 2018 (4) ALT 51 : 2018 (4) RCR (Civil) 237 : 2018 (9) Scale 1 C.A. No. 6695 of 2018 16-07-2018

First Information Report - Although the FIR is not an encyclopedia of the crime, absence of certain essential facts, which were conspicuously missing in the FIR, pointed towards suspicion that the crime itself may be staged. Amar Nath Jha v. Nand Kishore Singh, AIR 2018 SC 3597 : 2018 CriLJ 4351 : 2018 (3) Crimes 486 : 2018 (3) JLJR 361 : JT 2018 (7) SC 451 : 2018 (9) Scale 416 : (2018) 9 SCC 137 : 2018 (3) SCC (Cri) 723 Crl.A. No. 94 of 2013 03-08-2018

Food and Safety Standards Act, 2006 - A perusal of the provisions of the FSS Act would make it clear that there is no bar for prosecution under the IPC merely because the provisions in the FSS Act prescribe penalties. State of Maharashtra v. Sayyed Hassan Sayyed Subhan, JT 2018 (9) SC 257 : 2018 (4) RCR (Criminal) 341 Crl.A. No. 1195 of 2018 20-09-2018

Forest - Whether, in the State of Haryana, land notified under the provisions of the Punjab Land Preservation Act, 1900 (PLP Act) is forest land or is required to be treated as forest land. M.C. Mehta v. Union of India, 2018 (11) Scale 50 W.P. (C) No. 4677 of 1985 11-09-2018

Forest Act, 1963 (Karnataka) - Ss. 62C & 87 - Penal Code, 1860 - Ss. 379 & 34 - found transporting sandalwood in their private vehicles - Non­compliance of Section 62C - officer concerned should have been authorised by the Government and should have received training for examining the forest produce - concerned forest officers have nowhere stated in their evidence that they were duly authorised by the State Government and competent to issue the certificates in question - prosecution has failed to prove that the requirements as contemplated under Section 62C of the Act - the High Court was right in setting aside the order of conviction and sentence passed by the trial Court by reaching to the conclusion that the offence under Section 87 of the Act cannot be said to have been established against the accused in accordance with law. State of Karnataka v. Prakash, 2018 (13) Scale 666 Crl.A. No. 466 of 2012 30-08-2018

Forest Law - Private Forests (Vesting and Assignment) Act, 1971 (Kerala) - S.3(3) - the land was acquired by the landowners prior to the appointed day and was being used for personal cultivation by the landowners. This findings were recorded on the basis of the commissioner’s report, who made on the spot inspection of the land in presence of both the parties. These findings are based on proper appreciation of evidence. No kind of any perversity or arbitrariness or illegality is noticed in these findings. These findings satisfy the twin requirements of Section 3 (3) of the Act and, therefore, entitle the respondents to claim exemption of their land from being vested in the State under the Act. State of Kerala v. Gouri, 2018 (13) Scale 474 C.A. No. 7694 of 2009 25-09-2018

Forest Law - Private Forests (Vesting and Assignment) Act, 1971 (Kerala) - Ss. 2(a), 2©, 2(f), 3(3), 8B - title was derived by the respondents in relation to the land in question prior to the appointed day, i.e.,10.05.1971 - the land in question was found in actual use by the respondents for their personal cultivation even prior to the appointed day - In the light of these two findings recorded by the Tribunal on facts and upheld by the High Court in the impugned order after remand, which were not found perverse or against any evidence or illegal in any way, we do not find any ground to interfere in the impugned order. The appeal thus fails and is accordingly dismissed. State of Kerala v. Joseph, 2018 (13) Scale 480 C.A. No. 9912 of 2010 25-09-2018

Gift - Oral Gift - The trial court and the High Court have entered a clear finding that late Mariyambi could not prove the factum of oral gift. Despite being the donee, she did not mount the box to prove the oral gift. The Sale Deed executed by her in the year 1978 does not trace her title to the oral gift. The Record of Rights also does not support the case of Mariyambi on the oral gift. Therefore, we do not find any justification to disturb such findings in the absence of any other counter evidence. The appeal is, hence, dismissed. Sheikh Yakub (D) by Lrs. v. Sakinabi (D) by Lrs., C.A. No. 8505 of 2009 11-07-2018


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Created on 2020/10/19 23:13 by • Last modified on 2020/11/07 18:32 (external edit)