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Income Tax Act, 1961 — Section 147 and 148 — Reopening of assessment — Validity — Tangible material — Change of opinion — Assessing Officer has no power to review an assessment; reassessment must be based on tangible material, not a mere change of opinion — The discovery of fresh information during a survey, which reveals the true nature of a transaction and suggests income has escaped assessment, can form the basis for reopening an assessment, even if certain disclosures were made during the original assessment. Wife’s pursuit of professional career and desire to provide safe environment for child are not grounds for cruelty or desertion. -Family Law — Divorce — Grounds — Cruelty and Desertion — Wife’s pursuit of professional career and desire to provide safe environment for child are not grounds for cruelty or desertion. Constitution of India, 1950 — Article 19(1)(a) and Article 21A — Right to education — Medium of instruction — Freedom of speech and expression includes the right to receive information in a comprehensible manner — Education must be imparted in a language that the child understands best — Right to primary education in a language of choice is part of freedom of speech and expression — State cannot impose controls on such choice. Motor Vehicles Act, 1988 — Compensation — Enhancement — Deceased was an engineering student with good academic record and potential future earnings — High Court enhanced compensation but it was found to be on the lower side — The Supreme Court assessed the monthly income at Rs. 12,000/-, added 40% for future prospects, deducted half for personal expenses, and applied a multiplier of 18 — Compensation under conventional heads was also enhanced — The motorcycle damage was awarded as per the surveyor’s report. . Canara Bank Officer Employees’ (Discipline and Appeal) Regulations, 1976 — Regulation 10 — Common Proceedings — The word “may” in Regulation 10, which empowers the competent authority to direct common disciplinary proceedings against multiple employees, is directory and not mandatory — This interpretation allows for discretion to be exercised by the employer based on the circumstances and the varying roles of the employees involved — The failure to hold a joint inquiry does not automatically vitiate individual disciplinary proceedings.

Punjab Limitation (Custom) Act—Commencement of Limitation period–The date on which the decree is drawn would be the relevant date for commencement of limitation period—Mere passing of the judgment by the Court is not enough Limitation—Exclusion of Time—The expanse of Section 14 of the Act, is not limited to mere jurisdictional issue but also other cause of a like nature.

2018(2) Law Herald (SC) 280 (2018) 4 JT 10 : (2018) 2 RCR(Civil) 745 : (2018) 5 SCALE 201 SUPREME COURT OF INDIA DIVISION BENCH MOHINDER SINGH (DEAD) — Appellant Vs. PARAMJIT SINGH —…

Rape—False promise to marry—Parties lived together like a married couple for long years—Sexual intercourse in the course of such a relationship cannot be termed as ‘rape’—Proceedings quashed

2018(2) Law Herald (SC) 303 : 2018 LawHerald.Org 883 IN THE SUPREME COURT OF INDIA           CRIMINAL APPELLATE JURISDICTION                                         CRIMINAL APPEAL NO.504   OF 2018                                    (Arising out of SLP(Crl.)…

Bar to Suit—Cause of Action—Relief of specific performance cannot be claimed along with relief of permanent injunction in same suit Withdrawal of suit—Bar to Suit—If the order granting permission to withdraw the suit does not specifically mention the fact of granting liberty to the plaintiff to file a fresh suit then filing of the second suit on different cause of action is not hit by O.2 R.2 CPC

(2018) 2 RCR(Civil) 782 : (2018) 5 SCALE 615 SUPREME COURT OF INDIA DIVISION BENCH SUCHA SINGH SODHI (D) — Appellant Vs. BALDEV RAJ WALIA — Respondent ( Before : R.K. Agrawal and Abhay Manohar Sapre,…

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