Month: December 2019

H E L D – The respondents had paid 85% of the agreed consideration, together with the agreement to sell, and even the balance at the time when the sale deed was executed on 11 February 2013. Having paid the consideration, it was evidently not in their interest to delay the receipt of possession. Though the sale deed records that possession was handed over, it is clear from the contemporaneous record that it was only on 28 August 2014 that all the sets of keys of the apartment were handed over to the respondents. Consequently, the appellant would be liable to pay reasonable compensation to the respondents for the period between 9 February 2013 and 28 August 2014, in addition to the contractual payment due for the period between 8 August 2012 and 8 February 2013.

SUPREME COURT OF INDIA DIVISION BENCH M/S LANCO HILLS TECHNOLOGY PARK PRIVATE LIMITED — Appellant Vs. MANISHA BALKRISHNA KULKARNI AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud…

INJUNCTION – The division bench held that there is no documentary evidence to prima facie show that the Appellant – Developer is in physical possession of the suit property. Furthermore, the issue whether the Appellant – Developer has paid part consideration for the entire suit property was required to be determined in the trial. The division bench took the view that the Appellant – Developer had not made out a prima facie case for grant of Temporary Injunction. The Respondents being the lawful owners of the suit property, granting such an injunction would cause irreparable loss and hardship to them.

SUPREME COURT OF INDIA FULL BENCH SAKETA VAKSANA LLP AND ANOTHER — Appellant Vs. KAUKUTLA SARALA AND OTHERS — Respondent ( Before : Uday Umesh Lalit, Indu Malhotra and Krishna…

Penal Code, 1860 (IPC) – Sections 143, 147, 148, 302 read with Section 149 – Explosive Substances Act, 1908 – Sections 3 and 5 – Unlawful assembly – Persons were armed with deadly weapons like country­ made bombs etc. HELD the scope of interference in an appeal against acquittal is very limited, the appellate court set aside the judgment of the trial court. It is obvious that the High Court also did not find material evidence to convict the accused and, therefore, set aside the judgment and remitted the matter to the trial court. In a criminal case, remand is not to be ordered as a matter of course. It is only if there is a minis­trial or some technical issues have arisen that such an order may be made but in very rare circumstances. – The trial court was justified in acquitting the accused

SUPREME COURT OF INDIA DIVISION BENCH KOOLI SASEENDRAN AND OTHERS — Appellant Vs. STATE OF KERALA ETC. — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Criminal…

Service Matters

Bihar Health Service (Appointment and Service Conditions) Rules, 2013 – Rules 5 and 6(iii) – Grant of weightage on the basis of work experience – Rule 5 and 6(iii) of the Bihar Health Service (Appointment and Service Conditions) Rules, 2013 are construed to include the experience gained by a doctor in any hospital run by the Bihar Government or its instrumentalities, as well as any other non­private hospital (including those run by the Central Government, Municipalities and Panchayati Raj Institutions; or other public authorities) within the territory of Bihar

SUPREME COURT OF INDIA DIVISION BENCH DR. (MAJOR) MEETA SAHAI — Appellant Vs. STATE OF BIHAR AND OTHERS — Respondent ( Before : Deepak Gupta and Surya Kant, JJ. )…

Chandigarh Housing Board {hereinafter ‘CHB’) invited bids to implement an integrated project with residential, commercial, and other related infrastructure facilities at the Rajiv Gandhi Chandigarh Technological Park in Chandigarh- HELD We also note that the finding in the arbitration award dated 09.01.2015 as to the apportionment of liability between the Developer and CHB to pay the principal sum and general compensation, must be given effect.

SUPREME COURT OF INDIA DIVISION BENCH CHANDIGARH HOUSING BOARD — Appellant Vs. M/S. PARASVANATH DEVELOPERS PVT. LTD. AND ANOTHER — Respondent ( Before : Mohan M. Shantanagoudar and R. Subhash…

Penal Code, 1860 (IPC) – Sections 302 and 201 – Criminal Procedure Code, 1973 (CrPC) – Section 161 – Murder – Dead body was recovered at the instance of the appellant – A complete chain which clearly leads to only one inference that it is the accusedappellant alone who could have murdered deceased – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH HARINDER SINGH @ HIRA — Appellant Vs. THE STATE OF PUNJAB — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Criminal…

Penal Code, 1860 (IPC) – Section 302 – Criminal Procedure Code, 1973 (CrPC) – Section 313 – Murder of child by mother – Appeal against conviction and sentence – Circumstantial evidence – HELD Though the doctor has opined in the post-mortem report, the cause of death is asphyxia but in absence of any clear evidence on record it is not safe to convict the appellant for the offence under Section 302 IPC – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH MANJU — Appellant Vs. STATE OF DELHI — Respondent ( Before : Mohan M. Shantanagoudar and R. Subhash Reddy, JJ. ) Criminal Appeal No.…

General Conditions 64 (3)(a)(ii) and 64 (3)(b) of the Contract HELD -The appellant is directed to send a fresh panel of four retired officers in terms of Clause 64(3)(b) of the General Conditions of Contract within a period of thirty days from today under intimation to the respondent-contractor. The respondent-contractor shall select two from the four suggested names and communicate to the appellant within thirty days from the date of receipt of the names of the nominees.

SUPREME COURT OF INDIA FULL BENCH RAILWAY ELECTRIFICATION — Appellant Vs. M/S ECI-SPIC-SMO-MCML (JV) A JOINT VENTURE COMPANY — Respondent ( Before : R. Banumathi, A.S. Bopanna And Hrishikesh Roy,…

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