Month: December 2021

Consumer Protection Act, 2019 – Section 35(1)(c) – Joint complaint – HELD the proper way of interpreting Section 35(1) read with section 2(5), would be to say that a complaint may be filed: (i) by a single consumer; (ii) by a recognised consumer Association; (iii) by one or more consumers jointly, seeking the redressal of their own grievances without representing other consumers who may or may not have the same interest; (iv) by one or more consumers on behalf of or for the benefit of numerous consumers; and (v) the Central Government, Central Authority or State Authority.

SUPREME COURT OF INDIA DIVISION BENCH BRIGADE ENTERPRISES LIMITED — Appellant Vs. ANIL KUMAR VIRMANI AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil…

Service Matters

M P State Civil Services Rules, 2015 – Rule 4(3)(c)(1) and (2) – Appointment to post of the Chief Municipal Officer – If a candidate is selected in the main list on the basis of the higher priority of the post given by him in the preference sheet, the candidate will not be considered for the remaining post indicated in the preference sheet -The candidate concerned had applied without demur and also furnished a declaration with regard to correctness of details provided. He cannot thereafter turn around to seek alteration of the position to the detriment of others.

SUPREME COURT OF INDIA DIVISION BENCH MADHYA PRADESH PUBLIC SERVICE COMMISSION — Appellant Vs. MANISH BAKAWALE AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A.S. Bopanna,…

Dominant purpose of the IBC is revival of the Corporate Debtor and making it an on­going concern – Opinion expressed by the CoC after due deliberations in the meetings through voting, as per voting shares, is the collective business decision and that the decision of the CoC’s ‘commercial wisdom’ is non­ justiciable, except on limited grounds as are available for challenge under Section 30(2) or Section 61(3) of the IBC – Under Section 61(3)(ii) of the IBC, an appeal would be tenable if there has been material irregularity in exercise of the powers by the RP during the corporate insolvency resolution period – Scope of the words ‘material irregularity’, as are found in Section 115 of the Code of Civil Procedure, 1908

SUPREME COURT OF INDIA DIVISION BENCH NGAITLANG DHAR — Appellant Vs. PANNA PRAGATI INFRASTRUCTURE PRIVATE LIMITED AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…

Penal Code, 1860 (IPC) – Sections 392 and 397 – Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 – Sections 11 and 13 – Robbery, or dacoity, with attempt to cause death or grievous hurt – If the charge of committing the offence is alleged against all the accused and only one among the ‘offenders’ had used the firearm or deadly weapon, only such of the ‘offender’ who has used the firearm or deadly weapon alone would be liable to be charged under Section 397 IPC

SUPREME COURT OF INDIA FULL BENCH RAM RATAN — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : N.V. Ramana, CJI, A.S. Bopanna and Hima Kohli, JJ. )…

HELD Bar Council of India may consider empanelling experienced and seasoned advocates and/or retired judicial officers to act as Inquiry Officers where an inquiry would be necessitated. On such inquiry being concluded the report of the Inquiry Officers could be received by the Bar Council of India and may issue suitable directions to the State Bar Council to enlist a panel of Inquiry Officers for the purpose of conducting the inquiry on behalf of the Bar Council of India in the respective States itself and on conclusion of the said inquiry to transmit the inquiry report to the Bar Council of India for enabling it to take it further action in the matter.

SUPREME COURT OF INDIA DIVISION BENCH K. ANJINAPPA — Appellant Vs. K.C. KRISHNA REDDY AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal…

Service Matters

Disciplinary proceeding – Procedure for imposing major penalties – Memorandum of charges -Allegations against the appellant are serious in nature and ought not to be scuttled on purely technical ground. But the Tribunal in the judgment which was set aside by the High Court had reserved liberty to issue a fresh memorandum of charges under Rule 14 of CCS (CCA) Rules, 1965 as per Rules laid down in the matter, if so advised. Thus, the department’s power to pursue the matter has been reserved and not foreclosed.

SUPREME COURT OF INDIA DIVISION BENCH SUNNY ABRAHAM — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : L. Nageswara Rao and Aniruddha Bose, JJ. ) Civil…

Dowry Death – There is sufficient evidence brought on record to inculpate husband of deceased – As for mother-in-law from the evidence on record only certain omnibus allegations have been made against her with respect to dowry demands – Respondent-State has not been able to indicate any specific allegations, nor point to any specific evidence or testimony against her – Conviction of husband of deceased maintained – Conviction of mother-in-law set aside.

SUPREME COURT OF INDIA FULL BENCH PARVATI DEVI — Appellant Vs. THE STATE OF BIHAR NOW STATE OF JHARKHAND AND OTHERS — Respondent ( Before : N.V. Ramana, CJI, Surya…

Penal Code, 1860 (IPC) – Sections 304 Part II – Culpable homicide not amounting to murder – Reduction of sentence – Land dispute – Sudden quarrel – No premeditated or preplanned incident – While confirming the conviction for offence under Section 304(ii) of the IPC – Sentence reduced form ten years to two years rigorous imprisonment with fine.

SUPREME COURT OF INDIA DIVISION BENCH GOVINDAN — Appellant Vs. STATE REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ.…

Suit for recovery – Impleadment of party in appeal – There cannot be an automatic allowing of the appeal and quashing and setting aside the judgment and decree passed by the trial court without any further entering into the merits of the appeal and/or expressing anything on merits in the appeal on an impleadment of a party in an appeal

SUPREME COURT OF INDIA DIVISION BENCH  IL AND FS ENGINEERING AND CONSTRUCTIONS COMPANY LIMITED — Appellant Vs. M/S. BHARGAVARAMA CONSTRUCTIONS AND OTHERS — Respondent ( Before : M.R. Shah and…

Civil Procedure Code, 1908 (CPC) – Section 96, Order 41 Rule 31 – Appeal from original decree – Without framing points for determination and considering both facts and law; without proper discussion and assigning the reasons – First Appellate Court cannot dispose of the first appeal under Section 96 CPC and that too without raising the points for determination as provided under Order XLI Rule 31 CPC.

SUPREME COURT OF INDIA DIVISION BENCH IL AND FS ENGINEERING AND CONSTRUCTIONS COMPANY LIMITED — Appellant Vs. M/S. BHARGAVARAMA CONSTRUCTIONS AND OTHERS — Respondent ( Before : M.R. Shah and…

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