Section 9 of the Madras City Tenants’ Protection Act, 1921 HELD ‘actual physical possession of land and building’ would mean and require the tenant to be in actual physical possession. The provisions would not be applicable if the tenant is not in actual physical possession and has given the premises on lease or licence basis to a third party.

SUPREME COURT OF INDIA FULL BENCH BHARAT PETROLEUM CORPORATION LIMITED — Appellant Vs. R. CHANDRAMOULEESWARAN AND OTHERS — Respondent ( Before : N.V. Ramana, Sanjiv Khanna and Krishna Murari, JJ.…

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) – Sections 36A, 37 and 67 – Criminal Procedure Code, 1973 (CrPC) – Section 167 – Illegally transportion of heroin – Bail application – prosecution story is that the brother himself did not know what was loaded on the ship till he was informed by the owner of the vessel. Even when the heroin was loaded in the ship it was supposed to go towards Egypt and that would not have been a crime under the NDPS Act – Bail granted

SUPREME COURT OF INDIA DIVISION BENCH SUJIT TIWARI — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : L. Nageswara Rao and Deepak Gupta, JJ. ) Criminal…

Haryana Ceiling of Land Holdings Act, 1972 – Section 8(3), 9 and 12(3) – Determination of surplus land – Appellants were not bonafide purchasers, they have purchased the land from “M” vide Sale deed dated 14.06.1989 i.e. much after land stood vested in the State Government and after the Orders were passed by the Commissioner and Financial Commissioner HELD Appeal dismissed

SUPREME COURT OF INDIA DIVISION BENCH KIRPAL SINGH AND OTHERS — Appellant Vs. KAMLA DEVI AND OTHERS — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ. ) Civil…

Criminal Procedure Code, 1973 (CrPC) – Section 340 – Bihar Panchayat Raj Act, 2006 – Sections 122 and 140 – Recounting of votes- HELDA declaration is issued under Section 140 of the Act that the election of respondent No. 1 as returned candidate is set aside being invalid, and instead we declare the appellant/election petitioner as having been duly elected having secured highest votes

SUPREME COURT OF INDIA DIVISION BENCH CHANDESHWAR SAW — Appellant Vs. BRIJ BHUSHAN PRASAD AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Civil Appeal…

Service Matters

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 – Sections 2(n), 3, 9 and 11 – University Grants Commission (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015 – Regulations 5 and 8 – Sexual harassment at workplace – Termination – Whether the order issued under the signatures of ViceChancellor of the Central University of Kerala is simplicitor termination or exfacie stigmatic? HELD exfacie stigmatic, employee reinstated.  

SUPREME COURT OF INDIA FULL BENCH DR. VIJAYAKUMARAN C.P.V. — Appellant Vs. CENTRAL UNIVERSITY OF KERALA AND OTHERS — Respondent ( Before : A.M. Khanwilkar, Hemant Gupta and Dinesh Maheshwari,…

No Obligation On Airlines To Escort Passenger To Boarding Gate After Issuing Boarding Pass: SC HELD “After boarding pass is issued, the passenger is expected to proceed towards security channel area and head towards specified boarding gate on his own. There is no contractual obligation on the airlines to escort every passenger, after the boarding pass is issued to him at the check­in counter, up to the boarding gate

The Supreme Court has observed that there is no obligation on the airlines to escort every passenger after issuing him/her a boarding pass at the check-in counter until he/she reaches…

Insurance Act, 1938 – Section 64(VB)(3) – No risk can be assumed by the insurer unless the premium payable is received in advance – HELD Proposal does not conclude the contract – A contract postulates an agreement between the parties – In the present case, the insurer while issuing the new policy at a fresh location specifically excluded STFI perils and refunded the premium – To hold to the contrary would be rewriting the agreement between the parties and creating a fresh contract

SUPREME COURT OF INDIA DIVISION BENCH SHREE AMBICA MEDICAL STORES AND OTHERS — Appellant Vs. THE SURAT PEOPLE’S CO-OPERATIVE BANK LIMITED AND OTHERS — Respondent ( Before : Dr Dhananjaya…

Debts Recovery Tribunal has no power to condone the delay in filing application for review under the Recovery of Debts and Bankruptcy Act 1993(RDB Act) HELD provisions of Limitation Act, including the provision to condone delay under Section 5 of it, apply only to original applications filed under Section 19 of the RDB Act and not to review applications.

DRT Has No Power To Condone Delay In Filing Review Application Under RDB Act : SC [Read Judgment] LIVELAW NEWS NETWORK 27 Jan 2020 12:59 PM The Supreme Court has…