Latest Post

Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2 Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15) Employees’ State Insurance Act, 1948 — Section 45A — Determination of contributions in certain cases — Preconditions for invoking Section 45A — Section 45A is a special provision for best-judgment assessment applicable only when an employer fails to submit, furnish, or maintain returns, particulars, registers, or records as required by Section 44, OR obstructs an Inspector or official in discharging duties under Section 45 — It is not an alternative mode of assessment available at the option of the Corporation — When records (ledgers, cash books, vouchers, etc.) are produced and the employer cooperates by attending multiple personal hearings, the mere allegation of inadequacy or deficiency of supporting documents does not satisfy the statutory threshold of “non-production” or “obstruction” to invoke Section 45A — Mere inadequacy of records does not confer jurisdiction under Section 45A. (Paras 14.6, 14.7, 24, 25, 27, 30) Tender and Contract — Eligibility Criteria — Interpretation of “prime contractor” and “in the same name and style” — Requirement of work experience — Where an NIT’s pre-qualification document requires “each prime contractor in the same name and style (tenderer)” to have completed previous work, and the term “prime contractor” is undefined, its meaning must be derived from common parlance as the tenderer primarily responsible for the contract offer; however, the requirement must be construed from the standpoint of a prudent businessman, considering the credentials and capacity to execute the work, not merely the name. (Paras 17, 20, 21.3) Criminal Procedure Code, 1973 (CrPC) — Section 389 — Suspension of execution of sentence pending appeal and release on bail — Scope and distinction with bail — Appellate Court must record proper reasons for suspending sentence; it should not be passed as a matter of routine — The Appellate Court must not reappreciate evidence or attempt to find lacunae in the prosecution case at this stage — Once convicted, the presumption of innocence vanishes, and the High Court should be slow in granting bail pending appeal, especially for serious offenses like murder (Section 302, IPC). (Paras 6, 6.1, 6.2)

Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2

Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15)

Transfer of Property Act, 1882 – Section 54 – Sale deed – Payment of price is an essential part of a sale covered by section 54 of the TP Act. If a sale deed in respect of an immovable property is executed without payment of price and if it does not provide for the payment of price at a future date, it is not a sale at all in the eyes of law. It is of no legal effect – Therefore, such a sale will be void – It will not effect the transfer of the immovable property.

SUPREME COURT OF INDIA DIVISION BENCH KEWAL KRISHAN — Appellant Vs. RAJESH KUMAR AND OTHERS ETC. — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. ) Civil…

Arbitration and Conciliation Act, 1996 – Sections 34 and 37 – General Conditions of Contract – Clause 16(2) – Pendente lite and future interest – – held that in view of specific bar contained in clause 16(2) of the GCC, the contractor shall not be entitled to any interest pendente lite or future interest on the amounts due and payable to it under the contract.

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant Vs. MANRAJ ENTERPRISES — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal No. 6592…

Service Matters

Without commenting on the legality of the decision to discontinue the said provision in the pension scheme by the employer, as the pensioner was not alive on the date of discontinuance – It appropriate to pass necessary orders in her favor in this proceeding itself – Resultantly, the sum due and payable under the Pension scheme be computed and the same is ordered to be disbursed to the appellant – Amount earlier refunded to the appellant be adjusted suitably during the remittance process – Respondent/ employer should do the needful in terms of this order within 8 weeks – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH  VEENA PANDEY — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ. ) Civil…

Motor Vehicles Act, 1988 – Section 168 – Motor Accident Death – Enhancement of compensation – Determination of future economic loss – In case deceased who was not serving at the time of death and had no income at the time of death, their legal heirs shall also be entitled to future prospects by adding future rise in income –

SUPREME COURT OF INDIA DIVISION BENCH SMT. MEENA PAWAIA AND OTHERS — Appellant Vs. ASHRAF ALI AND OTHERS — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. )…

Juvenile – HELD The age recorded by the Committee or the Board to be the age of the person so brought before it shall for the purpose of the JJ Act, 2015 be deemed to be the true age of the person. The deeming provision in sub-section (3) of section 94 of the JJ Act, 2015 is also significant inasmuch as the controversy or the doubt regarding the age of the child brought before the Committee or the JJ Board is sought to be set at rest at the level of the JJ Board or the Committee itself – Appeal dismissed

SUPREME COURT OF INDIA DIVISION BENCH RISHIPAL SINGH SOLANKI — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and B.V. Nagarathna,…

Protection of Children from Sexual Offences Act, 2012 – Section 7 – Sexual assault – Skin-to-skin contact not essential for POCSO offence – Most important ingredient for constituting the offence of sexual assault under Section 7 of the Act is the “sexual intent” and not the “skin to skin” contact with the child HELD the judgment and order of the High Court insofar as it has set aside the conviction of the accused for the offences under Section 8 and 10 of the POCSO Act is liable to be set aside, and the judgment and order of conviction and sentence passed by the Special Court is required to be restored.

SUPREME COURT OF INDIA DIVISION BENCH  ATTORNEY GENERAL FOR INDIA AND ANOTHER — Appellant Vs. SATISH AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and Bela M. Trivedi,…

Arbitration and Conciliation Act, 1996 – Sections 18, 19, 24, 25, 29A, 34 and 37 – Appointment of arbitrator for adjudication of disputes – A pragmatic and common-sense approach would invariably check any discord between the desire for expeditious disposal and adequacy of opportunity to establish one’s case – In the context of the present case, This Court agree with the High Court that there was unnecessary haste and hurry by the arbitrator, especially when the respondent had filed the affidavit by way of evidence

SUPREME COURT OF INDIA DIVISION BENCH M/S. NARINDER SINGH AND SONS — Appellant Vs. UNION OF INDIA THROUGH DIVISIONAL SUPERINTENDENT ENGINEER – II, NORTHERN RAILWAY, FEROZEPUR DIVISION, FEROZEPUR — Respondent…

Once it is proved that in spite of the death of the breadwinner, the family survived and substantial period is over, there is no need to make appointment on compassionate ground at the cost of the interests of several others ignoring the mandate of Article 14 of the Constitution

SUPREME COURT OF INDIA DIVISION BENCH STEEL AUTHORITY OF INDIA LIMITED — Appellant Vs. GOURI DEVI — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Civil Appeal…

You missed