EBHA ARJUN JADEJA V. THE STATE OF GUJARAT

EBHA ARJUN JADEJA V. THE STATE OF GUJARAT

SC-Setting aside the order of the TADA Court,the Hon’ble SC held that non-compliance of Section 20-A(1) of  Terrorist and Disruptive Activities (Prevention) Act, 1987 is fatal and so the appellants have been discharged in so far as the offence under TADA Act is concerned. Where the information basically discloses an offence under TADA Act and the other offence is more in the nature of an ancillary offence then the information cannot be recorded without complying with the provisions of Section 20-A(1) of TADA Act. The language of Section 20-A is mandatory in nature and forbids the recording of information about the commission of offence under TADA Act by the police without prior approval of the District Superintendent of Police. -Hon'ble Justices Deepak Gupta and Aniruddha Bose[16-10-2019]

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UNION OF INDIA V. GAUTAM KHAITAN

UNION OF INDIA V. GAUTAM KHAITAN

SC-Directing the Delhi HC to decide the writ petition on its own merits, the Hon’ble SC observed that the penal provisions under Sections 50 and 51 of the Black Money Act would come into play only when an assessee has failed to take benefit of Sec. 59 and neither disclosed assets covered by the Black Money Act nor paid the tax and penalty thereon. The HC was not right in holding that, by the notification/order impugned before it, the penal provisions were made retrospectively applicable. Sub-sec. (3) of Sec. 1 of the Act, itself provides that save as otherwise provided in this Act, it shall come into force on 1st day of July, 2015.The assessment year in consideration was 2019-2020 and the previous year relevant to the assessment year was the year ending on 31.03.2019.-Hon'ble Justices Arun Mishra,M.R. Shah and B.R.Gavai[15-10-2019]
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R.SRINIVAS KUMAR V. R.SHAMETHA

R.SRINIVAS KUMAR V. R.SHAMETHA

SC-Allowing the application for divorce filed by the appellant-husband,the Hon’ble SC observed that the appellant-husband and the respondent-wife have been living separately for more than 22 years and it was not possible for the parties to live together.While protecting the interest of the respondent-wife to compensate her by way of lump sum permanent alimony, this is a fit case to exercise the powers under Article 142 of the Constitution of India and to dissolve the marriage between the parties. It reiterated that inherent powers under Article 142 has been exercised for dissolution of a marriage where the Court finds that the marriage is totally unworkable, emotionally dead, beyond salvage and has broken down irretrievably, even if the facts of the case do not provide a ground in law on which the divorce could be granted. -Hon'ble Justices Sanjay Kishan Kaul and M.R. Shah[04-10-2019]
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AMBALAL SARABHAI ENTERPRISES LTD. V. K.S. INFRASPACE LLP

AMBALAL SARABHAI ENTERPRISES LTD. V. K.S. INFRASPACE LLP

SC-Dismissing the appeal against the Gujarat HC,the Hon’ble SC observed that that in order to fall within Section 2(1)(c)(vii) of the Commercial Courts Act,2015 the immovable property must be “used exclusively” or “being used exclusively” in trade or commerce. There has been nothing on record to show that at the time when agreement to sell came to be executed in 2012, the property was being exclusively used in trade and commerce so as to bring the dispute within the ambit of sub-clause (vii) of Section 2(1)(c) of the Act. Merely because, the property is likely to be used in relation to trade and commerce, the same cannot be the ground to attract the jurisdiction of the Commercial Court.-Hon'ble Justices A.S.Bopanna and R.Banumthi [04-10-2019]
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DUNCANS INDUSTRIES LTD. V. A.J. AGROCHEM

DUNCANS INDUSTRIES LTD. V. A.J. AGROCHEM

SC-Confirming the order of the NCLAT which held that the insolvency petition under Sec. 9 of the Insolvency and Bankruptcy Code, 2016 initiated by the respondent-operation creditor shall be maintainable, the Hon’ble SC observed that the entire “corporate insolvency resolution process” as such cannot be equated with “winding up proceedings”. The provisions of the IBC would have an over-riding effect over the Tea Act, 1953 and that no prior consent of the Central Government before initiation of the proceedings under Sec. 7 or Sec. 9 of the IBC would be required and even without such consent of the Central Government, the insolvency proceedings under Sec. 7 or Sec. 9 of the IBC initiated by the operational creditor shall be maintainable.-Hon'ble Justices Arun Mishra,M.R. Shah and B.R. Gavai[04-10-2019]
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KERALA STATE BEVERAGES (M AND M) CORP LTD. V. P P SURESH AND ORS. ETC. ETC.

KERALA STATE BEVERAGES (M AND M) CORP LTD. V. P P SURESH AND ORS. ETC. ETC.

SC- The Hon’ble SC while allowing the appeal against the Kerala HC judgment, held that the decision taken by the Govt. in overriding public interest was a measure to strike a balance between the competing interest of the displaced Abkari workers and unemployed youth in the State of Kerala. The impairment of the fundamental rights of the Respondents due to the change in policy was not excessive and it cannot be said that the change in policy regarding re-employment of displaced abkari workers is disproportionate. If an announcement is made by the Govt. of a policy conferring benefit on a large number of people, but subsequently, due to overriding public interest, the benefits announced earlier are withdrawn, it is not expedient to provide individual opportunities to such innominate number of persons.-Hon'ble Justices L. Nageswara Rao and Hemant Gupta [04-10-2019]
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PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY (NOW GLADA) V. VIDYA CHETAL

SC-The Hon’ble SC overruled the case of HUDA vs. Sunita, (2005) 2 SCC 479,with the finding that it was rendered without considering any of the previous judgments of this Court and the objects of the Consumer Protection Act, 1986.It opined that the determination of the dispute concerning the validity of the imposition of a statutory due arising out of a “deficiency in service”, can be undertaken by the consumer fora as per the provisions of the Act. Not all statutory dues/exactions are amenable to the jurisdiction of the Consumer Forum, rather only those exactions which are exacted for a service rendered, would be amenable to the jurisdiction of the Consumer Forum.-Hon'ble Justices N.V.Ramana, Mohan M. Shantanagoudar and Ajay Rastogi[16-09-2019]
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JANARDAN DAGDU KHOMANE V. EKNATH BHIKU YADAV .

*SC*-Affirming the decision of the *Bombay HC*, the Hon’ble SC opined that the Trust, being a *public trust*,was rightly registered on 8.8.1984 and so *cannot be questioned*. The respondents became *deemed purchasers* and the right under *Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948* accrued to them on Tillers’ Day, that is, 1.4.1957. The respondents *cannot be divested of such right upon subsequent registration of the Trust*.A Trust for a religious purpose has the *right to own and acquire property, however, such property may be taken away by authority of law*.-Hon'ble Justices  R.Banumathi and Indira Banerjee[18-09-2019]
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MUNICIPAL COUNCIL NEEMUCH V. MAHADEO REAL ESTATE

SC-Setting aside the Madhya Pradesh HC order,the Hon’ble SC held that the HC while exercising its powers of judicial review of administrative action, could not have interfered with the decision unless it suffers from the vice of illegality, irrationality or procedural impropriety. The Commissioner, instead of blindly accepting the directions contained in the communication, acted in larger public interest so that the Municipal Council earns a higher revenue by enlarging the scope of the competition and the State Government has re-examined and reconsidered the issue and authorised the Commissioner to pass appropriate orders directing initiation of fresh tender process and so such orders were not illegal, improper or irrational.-Hon'ble Justices Arun Mishra,M.R. Shah and B.R. Gavai [17-09-2019]
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THE BIHAR STATE HOUSING BOARD V. RADHA BALLABH HEALTH CARE AND RESEARCH INSTITUTE (P) LTD

SC-Setting aside the order of the Patna HC,the Hon’ble SC held that the appellant as a State is required to act fairly in fixation of price for allotment of a plot. The order of the HC to direct the appellant to charge the price proportionate to the price advertised earlier has no legal basis and is a commercial decision taken by the appellant fixing the price of the plot. In the matter of fixation of price, the Board has a right to fix such price, more so, when such price was accepted by the respondent on three different occasions.The action of the respondent to dispute the allotment price after accepting the price is neither fair nor reasonable and so, cannot be accepted.-Hon'ble Justices L. Nageswara Rao and Hemant Gupta [13-09-2019]
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UNION OF INDIA V. SANDEEP KUMAR

SC-Finding that the Tribunal exceeded its jurisdiction while setting aside the order of conviction passed by the DCM,the Hon’ble SC held that Section 15 of the Armed Forces Tribunal Act, 2007 confers wide power on the Tribunal so as to allow an appeal against conviction by a Court Martial where the finding of the Court Martial is legally not sustainable due to any reason; the finding involves wrong decision on a question of law or there was a material irregularity in the course of the trial resulting in miscarriage of justice but such wide powers do not confer jurisdiction to the Tribunal to reverse the findings merely because it finds that different view is possible.-Hon'ble Justices L. Nageswara Rao and Hemant Gupta[13-09-2019]
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BAJARANG SHYAMSUNDER AGARWAL V. CENTRAL BANK OF INDIA

BAJARANG SHYAMSUNDER AGARWAL V. CENTRAL BANK OF INDIA

SC- Ordering that the appellant-tenant shall hand over the possession of the secured asset within 12 weeks of this order to the Assistant Registrar, who in turn shall deliver the same to the respondent no.1-bank,the Hon’ble SC dismissed the Appeal. The bank has produced multiple records to substantiate that this tenancy was created just to defeat the proceedings initiated under the SARFAESI Act and the appellant has failed to produce any evidence to substantiate his claim over the secured asset. So,the appellant cannot claim protection under the garb of the interim protection granted to him, ex parte, by solely relying upon the xerox of the rent receipts .Hence,the rejection of the stay application by the Chief Metropolitan Magistrate cannot be held to be erroneous.-Hon'ble Justices N.V.Ramana, Mohan M. Shantanagoudar and Indira Banerjee [11-09-2019]
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COMMISSIONER OF CUSTOMS, BANGALORE I V. M/S MOTOROLA INDIA LTD.

SC-Remitting the matter back to the HC,the Hon’ble SC held that the Karnataka HC was not justified in holding that the appeals are not maintainable under Section 130 of the Customs Act but are tenable before this Court under Section 130E of the Customs Act. The only question is as to whether the assessee has breached the conditions which are imposed by the notification for getting exemption from payment of the customs duty or not. The appeals do not involve any question of law of general public importance which would be applicable to a class or category of assessees as a whole. The question is purely inter-se between the parties and is required to be adjudicated upon the facts available.-Hon'ble Justices Arun Mishra,M.R. Shah and B.R. Gavai [05-09-2019]
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P. CHIDAMBARAM V. DIRECTORATE OF ENFORCEMENT

SC-While dismissing the appeal against the Delhi HC order, the Hon’ble SC opined that the grant of anticipatory bail to the appellant will hamper the investigation and it is not a fit case for exercise of discretion to grant anticipatory bail.Having regard to the nature of allegations and the stage of the investigation,the investigating agency has to be given sufficient freedom in the process of investigation and such Grant at the stage of investigation may frustrate the  agency in interrogating the accused and in collecting the useful information and also the materials which might have been concealed. Grant of anticipatory bail, particularly in economic offences would definitely hamper the effective investigation.-Hon'ble Justices R. Banumathi and A.S. Bopanna[05-09-2019]
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M/S GEO MILLER & CO.PVT.LTD. V. CHAIRMAN, RAJASTHAN VIDYUT UTPADAN NIGAM LTD

SC-The Hon’ble SC affirmed the view of the Rajasthan HC that the entire dispute seems concocted so as to pursue a monetary claim against the respondents, taking advantage of the provisions of the Arbitration and Conciliation Act, 1996. The appellant’s own default in sleeping over his right for 14 years will not constitute a case of ‘undue hardship’ justifying extension of time under Section 43(3) of the 1996 Act or show ‘sufficient cause’ for condonation of delay under Section 5 of the Limitation Act. The appellant should have approached the Court for appointment of an arbitrator under Section 8(2) of the Indian Arbitration Act, 1940 within the appropriate limitation period.-Hon'ble Justices N.V. Ramana,Mohan M. Shantanagoudar and Ajay Rastogi [03-09-2019]
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M.J.THULSIRAMAN V. COMMR.

SC- The Hon’ble SC while dismissing the Appeal against the Madras HC held that the “Bakers Choultry”, and the rock inscription therein, constitute a “specific endowment” as defined under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, and the same is not the private property of the appellants. The contents of the rock inscription are sufficient to hold that there has been a valid divestment of the right to receive a certain part of the income, with the inscription also stipulating a bar on the right of the Manager to transfer the choultry.- Hon'ble Justices N.V. Ramana,Mohan M. Shantanagoudar and Ajay Rastogi [03-09-2019]
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SEP. SATGUR SINGH V. UNION OF INDIA

SC-Without finding any error in the order of discharge of the Appellant and dismissing the Appeal, the Hon’ble SC opined that the parameters laid down in para 5(a) of the Army Instructions dated December 28, 1988 stand satisfied. The appellant has not given any explanation of his absence from duty on seven occasions. The Commanding Officer has recorded that the appellant is a habitual offender. As the absence of duty was on several different occasions for which he was imposed punishment of imprisonment, hence, the order of discharge cannot be said to be unjustified.-Hon'ble Justices L.Nageswara Rao and Hemant Gupta [02-09-2019]
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SYED ZAINUL ABEDEEN V. RAJASTHAN BOARD OF MUSLIM WAQF.

SC-Dismissing the appeal and without finding any manifest error with the observation of the Courts that the suit filed by the appellant/plaintiff under Sec. 6 of the Wakf Act, 1954 was barred by limitation ,the Hon’ble SC held that once the property after the survey has been registered in the list of wakfs as Wakf-Al-Allah on the basis of the finding recorded by the Survey Commissioner in its report dated 2nd January, 1965, the dispute regarding the nature of wakfs registered is open to be examined only within the four corners of Sec. 6 of Act, 1954.The plea of the appellant that Sec. 6 has been erroneously referred to and the limitation has to be guided by Sec. 113 of the Limitation Act, is without substance and deserves rejection.-Hon'ble Justices N.V. Ramana and Ajay Rastogi [30-08-2019]
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EX.SEPOY (WASHERMAN) RAM KHILAWAN V. UNION OF INDIA

SC-The Hon’ble SC allowed the Appeal in a case challenging the orders passed by the Armed Forces Tribunal regarding the discharge of the Appellant from service. It held that the discharge is covered by clause (iii) of Rule 13(3)(III) of the Army Rules, 1954, as the discharge of the appellant was only on the ground of his medical unfitness for further service, therefore, he could not be invalidated out of service without the recommendation of the Invalidating Board. Such discharge which was not under the residual clause (v) but under clause (iii) of Rule 13(3)(III) of the Rules and which was made without reference to Invalidating Medical Board, is not legally sustainable.-Hon'ble Justices L.Nageswara Rao and Hemant Gupta [02-09-2019]
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M/S N RAMACHANDRA REDDY V. THE STATE OF TELANGANA

SC- Allowing the appeal in a case relating to invitation of bids for award of work of construction of BT Road in Mahabubabad District of Telangana State, the Hon’ble SC observed that the act of the Chief Engineer to call for a report from Superintending Engineer, Karimnagar was fair and not arbitrary. As the issue does not relate to strict construction of territorial jurisdiction, it is always open for the decision-making authority, to have a report from the independent authority, to arrive at the just decision.-Hon'ble Justices S. Abdul Nazeer and R.Subhash Reddy [28-08-2019]
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