March 2020 - Page 8 of 10 - Supreme Court of India Judgements

December 23, 2024 11:43 am

Chhattisgarh Co-Operative Societies Act I960 – (i) Clauses (a) and (b) of Section 54(3), as special provisions for the appointment of the CEO of Cooperative Banks confer upon them the power to appoint their CEO (ii) However, where a Cooperative Bank is a Central Society within the ambit of Section 49-E(2), the CEO shall be appointed from among the officers of the cadre constituted and maintained under Section 54, where such cadre has been constituted. (iii) Where no cadre has been constituted under Section 54, the CEO of a Cooperative Bank which is a Central Society under Section 49-E(2) shall be appointed with the prior approval of the Registrar as stipulated in Section 49-E(2)(b)(ii).

Mar 8, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANAGING DIRECTOR CHHATTISGARH STATE CO-OPERATIVE BANK MARYADIT — Appellant Vs. ZILA SAHKARI KENDRIYA BANK MARYADIT AND OTHERS — Respondent ( Before : Dr. Dhananjaya…

State Laws

Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 – Sections 31 and 32 – Change of land use from commercial to residential – Ujjain Municipal Corporation was not made a party and had no opportunity to represent their stand on the change in the layout plan – HELD It proper to direct the appellant-board and the authorities to ensure that the areas/land earmarked for the primary school and park/garden are not converted into residential plots – Appeal allowed

Mar 8, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD AND ANOTHER — Appellant Vs. VIJAY BODANA AND OTHERS — Respondent ( Before : Sharad A. Bobde,…

Consumer

Consumer Protection Act, – Section 13(2)(a) – Whether Section 13(2)(a), which provides for the respondent/opposite party filing its response to the complaint within 30 days or such extended period, not exceeding 15 days, should be read as mandatory or directory – District Forum has no power to extend the time for filing the response to the complaint beyond the period of 15 days in addition to 30 days as is envisaged under Section 13 of the Act.

Mar 8, 2020 sclaw

SUPREME COURT OF INDIA CONSTITUTION BENCH NEW INDIA ASSURANCE COMPANY LIMITED — Appellant Vs. HILLI MULTIPURPOSE COLD STORAGE PRIVATE LIMITED — Respondent ( Before : Arun Mishra, Indira Banerjee, Vineet…

Constitution

VIRTUAL CURRENCY (VC) CASE :: Reserve Bank of India Act, 1934 – Section 45JA and 45L – Banking Regulation Act, 1949 – Section 35A read with 36(1)(a) and 56 – Payment and Settlement Systems Act, 2007 – Section 10(2) read with Section 18 – Virtual currencies – Position as on date is that VCs are not banned

Mar 8, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH INTERNET AND MOBILE ASSOCIATION OF INDIA — Appellant Vs. RESERVE BANK OF INDIA — Respondent ( Before : Rohinton Fali Nariman, Aniruddha Bose and…

Corporate

Foreign Exchange Management (Realisation, Repatriation and Surrender of Foreign Exchange) Regulations, 2000 – Regulation 6 – Foreign Exchange Management Act, 1999 – Section 16(3), 10(6), 46 and 47 – Contravention referred to in Section 10(6) by its very nature is a continuing offence –

Mar 8, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUBORNO BOSE — Appellant Vs. ENFORCEMENT DIRECTORATE AND ANOTHER — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Civil Appeal No.…

Corporate

Textile Undertakings (Nationalisation) Act, 1995 – Sections 4(2), 4(5), 7 and 20 – Loan – Recovery proceedings – Claim by the lender Bank towards which a decree had already been granted in respect of one claim and the other claim is pending consideration. The fact as to whether in the matter of take over, the liabilities were also included is one aspect of the matter HELD This is an aspect which is to be examined after providing opportunity to the parties, if need be, after tendering evidence in that regard – Question of liability could neither have been decided in the writ proceedings before the High Court nor in this appeal

Mar 8, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH UCO BANK — Appellant Vs. NATIONAL TEXTILE CORPORATION LIMITED AND ANOTHER — Respondent ( Before : R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ.…

Will & Succession

HELD “…….. once the testator has given an absolute right and interest in his entire property to a devisee it is not open to the testator to further bequeath the same property in favour of the second set of persons in the same will, a testator cannot create successive legatees in his will. The object behind is that once an absolute right is vested in the first devisee the testator cannot change the line of succession of the first devisee.”

Mar 8, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M.S. BHAVANI AND ANOTHER — Appellant Vs. M.S. RAGHU NANDAN — Respondent ( Before : Mohan M. Shantanagoudar and R. Subhash Reddy, JJ. )…

Education

All India Council of Technical Education Act, 1987 – Section 2(g) – Technical education – Having realized the difficulties in view of dual regulations of pharmacy education under the PCI and AICTE HELD Therefore, even according to the Union of India, the word ‘pharmacy’ is to be deleted from the definition of ‘technical education’ contained in Section 2(g) of the AICTE Act.

Mar 8, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH THE PHARMACY COUNCIL OF INDIA — Appellant Vs. DR. S.K. TOSHNIWAL EDUCATIONAL TRUSTS VIDARBHA INSTITUTE OF PHARMACY AND OTHERS — Respondent ( Before :…

Direct Taxation

Income Tax Act, 1961 – Section 80IA and 80IA(4)(i)(b) – – Deduction – As regards clause (b) of Section 80IA(4)(i), HELD the ITAT, as well as, the High Court have justly affirmed the view taken by the first appellate authority, holding that the respondent/assessee Company qualified for the deduction under Section 80IA being an enterprise carrying on the stated business pertaining to infrastructure facility Appeal dismissed.

Mar 8, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COMMISSIONER OF INCOME TAX, UDAIPUR — Appellant Vs. M/S. CHETAK ENTERPRISES PRIVATE LIMITED — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari,…

Service

Central Civil Services (Revised Pay) Rules, 2008 – Section 1 – Modified Assured Career Progression Scheme (MACP)- ACP Scheme which is now superseded by MACP Scheme is a matter of government policy – Interference with the recommendations of the expert body like Pay Commission and its recommendations for the MACP, would have serious impact on the public exchequer – HELD Impugned orders cannot be sustained and are liable to be set aside – Appeal allowed.

Mar 8, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA AND OTHERS — Appellant Vs. M.V. MOHANAN NAIR — Respondent ( Before : R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ.…

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Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw

Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw

Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw

Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw

Month: March 2020

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