Important Indian Courts Cases Delivered in June 2018

Administrative Law

State must evolve a mechanism to set at rest all interdepartmental controversies at the level of the Government and such matters should not be carried to a court of law for resolution of the controversy; Ladakh Road Lines v. State of J&K [Jammu & Kashmir High Court, 06-06-2018]

Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017

Arrest of any ship is permissible if the person who owned the ship at the time when maritime claim arose is liable for the claim and is owner of the ship when the arrest is effected - Liability of the owner of the ship is a pre-requisite to commencing an action in rem for arrest of that ship. SOCAR Turkey Petrol Enerji Dagitim Sav. Ve. Tic. A.S. v. MV Amoy Fortune (IMO No.9583639) [Bombay High Court, 04-06-2018


Appeal

Whether mere filing of an appeal will stay a decree passed by the lower court - In absence of stay or injunction in the appeal, the party who succeeds in the litigation should be entitled to enjoy the fruits of the decree unless there is a restraint order by the appellate forum; Huidrom Ningolakpa Singh v. Lunguiba Thangal [Manipur High Court, 02-06-2018]

Arbitration and Conciliation Act, 1996

In the absence of any averment justifying an order akin to the order of attachment before the judgment in terms of Order 38 Rule 5 CPC, even interim measure of protection of securing the subject matter of arbitration could not have been passed; NKG Infrastructure v. Granco Industries [Jammu & Kashmir High Court, 06-06-2018]

Executing Court was right in holding that it had jurisdiction to decide all issues raised by the parties relating to the executability, discharge, satisfaction of the decree; Tata Finance v. Poongodi [Madras High Court, 06-06-2018]

S.11(6) - Appointment of a sole Arbitrator - Parties are free to agree on the procedure for the appointment of an Arbitrator - If only there is any failure of that procedure, the aggrieved party can invoke sub-sections (4), (5) or (6) of Section 11, as the case may be., Seimens Ltd. v. Skims [Jammu & Kashmir High Court, 04-06-2018]

S. 27 - Issuance of a commission to record the evidence; Stemcor (S.E.A.) Pet Ltd. v. Mideast Integrated Steels Ltd. [Bombay High Court, 08-06-2018]

Bar Council of India 

Rules of Legal Education; Aanya Kameshwar v. Guru Gobind Singh Indraprstha [Delhi High Court, 01-06-2018]

Civil Procedure Code, 1908

O. 6 R. 17 - Amendment of pleadings - Inconsistent plea can also be raised by the defendants in the written statement although the same may not be permissible in the case of plaint; Mahesh Singh Jamwal v. Sheikh Mohd.Aslam [Jammu & Kashmir High Court, 05-04-2018]

O. 39 Rr. 1 & 2 - Interim Injunction - refused to stay the expulsion from Delhi Public School (DPS) Society.; Salman Khurshid v. Delhi Public School Society [Delhi High Court, 01-06-2018]

Competition Act, 2002

Ss. 3(3), 19(1)(a), 26(2) - releasing of a movie is a strategic and tactical business decision taken by the producers - anti-competitive conduct alleged against the makers of Padman and Padmavat does not get established; Kshitiz Arya v. Viacom18 Media Pvt. Ltd., 01/06/2018

Constitution of India, 1950

Public Interest Litigation (PIL) - Failure of the respondents to protect the lives of 39 Indian captives who were held hostage by the ISIS in Iraq -dismissed with costs of Rs.1 Lakh; Mehmood Pracha Vs. Intelligence Bureau [Delhi High Court, 06-06-2018]

Members of a whatsapp group - Everyone has a right to express their feelings and share their idea - The face of crying smiley is to comment about the idea of second respondent in publishing or uploading a video of complaints made by BSNL customers regarding deficiencies in BSNL coverage. Every person has got indefeasible right to express what he feels; Linga Bhaskar v. State through the Inspector of Police [Bombay High Court, 05-06-2018]

Public Interest Litigation - to stop using the word ‘Dalit’ in news stories; Pankaj Leeladhar @ Lalitji Meshram v. Joint Secretary [Bombay High Court, 06-06-2018]

Arts. 12, 14, 38 & 39 - J&K Civil Service Rules and Regulations - Arts. 128; Dr. Abdul Rehman Mir v. State of J&K [Jammu & Kashmir High Court, 02-06-2018]

Arts. 12, 19, 105, 143, 165, 168, 170, 172, 173, 174, 175, 176, 177, 178-187, 189, 194, 208, 211, 212, 226, 333 - Officers of the Legislature - Are the powers and privileges of the legislative assembly distinct from those of its members? Vemula Prashanth Reddy v. Komati Reddy Venkat Reddy [Andhra High Court, 04-06-2018]

Arts. 14 & 19(1)(g) - Tender - Work Tender - Qualification - Manufacture, Supply and Laying of Power Cables in the Power Transmission and Distribution Industry - Qualification Requirement of Past Experience of Atleast 245 kms - Whether such eligibility criteria was arbitrary and in violation; B. Sailesh Saxena v. Union of India [Andhra High Court, 04-06- 2018]

Art.15(2)(a), 19(1)(a) & 19(1)(g) - Hotels named after castes and communities; K. Ramakrishnan v. Inspector of Police, [Madras High Court, 05-06-2018

Art.16 - Equality of opportunity in matters of public employment; Vikas Dhanaji Sawant v. State of Maharashtra [Bombay High Court, 05-06-2018

Consumer Protection Act, 1986

Theft of the tractor - Insurance - the complaint of the complainant is barred by time and the complainant had not intimated the OPs regarding the incident of theft of the tractor, which comes within purview of fundamental breach of terms and conditions of insurance policy, therefore, the complainant is not entitled to get any compensation from the OPs. Mohan Lal Sahu v. L & T General Insurance Co. Ltd. [SCDRC Chhattisgarh, 07-06-2018

Consumer fora should not adopt hyper technical approach while considering amendment application to avoid multiplicity of litigations; Shreya Milind Nimonkar v. Dr. Seema Shanbhag [NCDRC, 05-06-2018] http://bit.ly/2xOyjEt

S. 2(1)(d) - Haj pilgrims not ‘consumer’ - cannot claim compensation; Haj Committee of India v. Abbas Ali, [NCDRC, 04-06-2018]

Flat - Complainant is entitled to refund of Rs. 6,40,000/- paid by him as part consideration towards total consideration amount - a compensation in the form of simple interest @ 12% p.a. i.e. the amount of interest borrowing from bank/financial institutions, will subserve the object of justice; Soumen Maity v. Subhas Das [SCDRC West Bengal, 04-06-2018] http://bit.ly/2JfNqMx

Criminal Law Amendment Act, 1932

S.7(1)(A) - Hotels named after castes and communities; K. Ramakrishnan v. Inspector of Police [Madras High Court, 05-06-2018

Criminal Procedure Code, 1973

S. 438 - An application for anticipatory bail under Section 438 of the Code at the instance of a child in conflict with law is maintainable before the High Court or the Court of Session; x v. State [Kerala High Court, 05-06-2018] http://bit.ly/2JslaTa

S.439 - Bail Application - Waging war against the Government through social media - Rejected; Arvinder Singh v. State of Punjab [Punjab & Haryana High Court, 01-06-2018]


Designs Act, 2000

Plaintiff has sued the defendant for permanent injunction restraining infringement of registered design in relation to helmets; Vega Auto Accessories (P) Ltd. v. S.K. Jain Bros. Helmet (I) Pvt. Ltd. [Delhi High Court, 01-06-2018]

S.19 - Any document shared under non-disclosure agreement cannot constitute a prior publication, Klassic Wheels Private Ltd v. Assistant Controller of Patents and Designs [Culcutta High Court, 04-06-2018]

Divorce

The act of sodomy, forcible sexual intercourse and adoption of unnatural means which are forced upon the other spouse and result for unbearable pain to the extent that one is forced to stay away would certainly be a ground to seek separation or decree of divorce. Preeti Kumari v. Neelkanth Kumar [Punjab & Haryana High Court, 01-06-2018] http://bit.ly/2Jt7FT4

Evidence Act, 1872


Electronic Evidence - CCTV footages from Hard Disk, CD and DVD - Significant aspects to be noted in respect of electronic evidence produced, Bhupesh @ Rinku v. State of Maharashtra [Bombay High Court, 05-06-2018] http://bit.ly/2JlFAwX

S. 113B - deceased falling in the well - deceased was subjected to cruelty soon before her death in connection with a dowry demand is not established - accidental death is a real possibility. Sudhakar Shankar Chauhan v. State of Maharashtra [Bombay High Court, 05-06-2018]

S.113B - Principles of; Bhausaheb Dnyanoba Kadam v. State of Maharashtra [Bombay High Court, 07-06-2018]

Gambling

Police Act (Karnataka) -S.78(6) - betting for an IPL match between Gujarat Lions and Mumbai Indians - Nothing was mentioned in the charge sheet about who all participated in the betting, paid money, how much money was paid, etc. - accused could not unilaterally play gambling without the help of public at large - offence not constituted; Rahul v. State [Karnataka High Court, 04-06-2018

General Clauses Act, 1897

S.6 - Effect of repeal; Arun Kataruka v. Secretary [Culcutta High Court, 06-06-2018]

Juvenile Justice (Care and Protection of Children) Act, 2015

An application for anticipatory bail under Section 438 of the Code at the instance of a child in conflict with law is maintainable before the High Court or the Court of Session; X v. State [Kerala High Court, 05-06-2018] http://bit.ly/2JslaTa

Medical College

Establishment of Medical College Regulation (Amendment), 2010 (Part II) - Reg.8(3)(1)(a) - Large scale deficiencies found in the inspection report; Medical Council of India v. Vedantaa Institute of Academic Excellence Pvt Ltd, Supreme Court of India, 01-06-2018]

Mines and Minerals

Mines and Minerals (Development and Regulation) Act, 1957 - S. 15 - General Clauses Act, 1897 - S.6 - Effect of repeal. Arun Kataruka v. Secretary [Culcutta High Court, 06-06-2018]

Negotiable Instruments Act, 1881

Ss. 138 & 147 - Settlement - Quashing of the proceedings; Rajinder Kumar v. Bullu Motors and General Finance Pvt. Ltd. [Himachal Pradesh High Court, 01-06-2018]

Passport Act, 1967

Power of Court to impound any document or thing produced before it would exclude passport; Jignesh Prakash Shah v. Central Bureau of Investigation [Bombay High Court, 04-06-2018]

Penal Code, 1860

Ss. 120­B, 420, 409, 411, 467 & 471 - Death of main accused does not result in abatement of trial. High Court on its own motion Vs. State of Maharashtra [Bombay High Court, 04-06-2018]

Ss. 121 & 121A - Bail Application - Waging war against the Government through social media - Rejected; Arvinder Singh v. State of Punjab [Punjab & Haryana High Court, 01-06-2018]

Ss. 143, 188, 341, 153(A), 294(b), 506(ii), 353, 120(b), 34 - Hotels named after castes and communities; K. Ramakrishnan v. Inspector of Police [Madras High Court, 05-06-2018]

Ss. 147, 149, 279, 337, 323, 341, 356 - Quashing of F.I.R; Anurag Ailawadi v. State of H.P. [Himachal Pradesh High Court, 01-06-2018]

Ss. 302 & 326 - High Court was justified in convicting the accused for the offence under Section 326, IPC, but was not justified in convicting the appellant for the offence under Section 302, IPC - Appeal is allowed in part; Jayaswamy v. State of Karnataka [Supreme Court of India, 01-06-2018]


S. 304-B - Principles of; Bhausaheb Dnyanoba Kadam v. State of Maharashtra, 07-06-2018

Ss. 420, 465, 468, 469, 470, 471, 499, 500 r/w. 34 - Maintainability of prosecution for the offence of defamation; Dadasaheb Sakharamji Kshirsagar Vs. State of Maharashtra [Bombay High Court,05-06-2018]

Ss. 447, 323, 325, 307 & 34 - Principle for grant of bail - Gopal Singh v. State of Himachal Pradesh [Himachal Pradesh High Court, 01-06-2018]

Ss. 498A, 304B & 306 r/w. 34 - deceased falling in the well - deceased was subjected to cruelty soon before her death in connection with a dowry demand is not established - accidental death is a real possibility. Sudhakar Shankar Chauhan v. State of Maharashtra [Bombay High Court, 05-06-2018]

Prevention of Corruption Act, 1988

Ss. 13(2) r/w. 13(1)(d)  - Death of main accused does not result in abatement of trial. High Court on its own motion Vs. State of Maharashtra [Bombay High Court, 04-06-2018]

Protection of Women from Domestic Violence Act, 2005

Ss.2(b) & 12 - Son aged 25 yrs engineering student, could not be included within the definition of ‘child’ as envisaged under Section 2(b)., Antonio De Matos Sequira Almeida v. Felicidade Wilma Almeida [Bombay High Court, 04-06-2018]

Public Safety

J&K Public Safety Act, 1978 - S.8(a) - A citizen cannot be deprived of personal liberty, guaranteed to him/her by the Constitution and of which, he/she cannot be deprived except in due course of law and for the purposes sanctioned by law, Naseer Ahmad Bhat v. State of J&K [Jammu & Kashmir High Court, 04-06-2018]

Railways Act, 1989

Litigation Policy - Pre-Litigation Mediation - Railways ought to adopt a `Litigation policy’ to deal with cases when tortuous claims for compensation are filed against them. In such cases, compulsory pre-litigation mediation can also be explored to bring about an early settlement. Such a step would reduce the costs for the Railways as also reduce the number of cases filed, and finally ensure timely and efficient payment of compensation. Copy of this order be sent to the Secretary, Ministry of Railways as also the Railway Board. Union of India v. Tilak Raj Singh [Delhi High Court, 01-06-2018]

Service Law

Application for appointment on compassionate ground - minor had no vested right to claim appointment at the time of death of his father in harness - unexplained inordinate delay of over four years in submitting the application for appointment even after attaining majority - Rejected; Kamal Adhikari v. State of W.B. [Culcutta High Court, 04-06-2018]

Bank Service - Checks and balances in the form of norms and rules are laid down at various stages in the hierarchy to ensure maximum care and caution in dealing with public money. Any infraction at any stage can lead to disastrous consequences; Ramesh Singhal v. United Bank of India [Culcutta High Court, 06-06-2018]

Central Reserve Police Force (CRPF) Rules, 1955 - Art.311(2)(b) r/w. R.27(ii)(cc) - Dismissal, reduction or removal of persons employed in civil capacities under the State; Mudasir Yousuf Bhat v. Union of India [Jammu & Kashmir High Court, 05-04-2018]

Civil Services (Classification, Control, and Appeal) Rules 1958 (Rajasthan) - R.13 - language used in the order though gives an impression that inquiry was pending against the petitioner - respondents had clarified the real intention was to suspend the petitioner contemplating inquiry - Held, use of incorrect phrase in the order does not by itself vitiates it; Vijay Kumar Sharma v. State [Rajasthan High Court, 01-06-2018

Employees of Private Schools (Conditions of Service) Rules, 1981 (Maharashtra) - Rr. 36 & 37 - School Tribunal - Order of Termination - Appeal; Deoman Sakharam Tayde v. Tilak Rashtriya Vidyalaya [Bombay High Court, 05-06-2018]

J&K Civil Service Rules and Regulations - Arts. 128; Dr. Abdul Rehman Mir v. State of J&K [Jammu & Kashmir High Court, 02-06-2018]

Prematurely / Compulsorily Retirement from Service - Merely that a case has been registered against a Public Servant by the Vigilance Organization cannot form the basis of retiring him compulsorily; State of J&K v. Mohammad Bashir Rather [Jammu & Kashmir High Court, 06-06-2018]

Societies Registration Act, 1860

Interim Injunction - refused to stay the expulsion from Delhi Public School (DPS) Society.; Salman Khurshid v. Delhi Public School Society [Delhi High Court, 01-06-2018]


Succession Act, 1925

Ss. 63, 222, 237 & 276 - Execution of unprivileged Wills - Probate of copy or draft of lost Will - How to prove the Certified Copy of the Will; G. Paras Singh Munoth v. Gyanlatha [Madras High Court, 06-06-2018

Town Planning

Maharashtra Region and Town Planning Act, 1966 - S. 127 - Right accruing to the Petitioner by virtue of the purchase notice cannot be taken away by placing reliance upon a subsequent sanctioned Revised Development Plan which once again reserves the said land for public purpose. This subsequent reservation will have no legal effect, Abdul Sattar Gousbhai Khanapure v. Municipal Commissioner, Sangli, Miraj and Kupwada City Municipal Corporation [Bombay High Court, 05-06-2018]

Trade Marks Act, 1999 

Plaintiff has sued the defendant for permanent injunction restraining infringement of registered design in relation to helmets; Vega Auto Accessories (P) Ltd. v. S.K. Jain Bros. Helmet (I) Pvt. Ltd. [Delhi High Court, 01-06-2018]

Transfer of Property Act, 1882

S.58(c) - Distinction between a mortgage by conditional sale and a sale with a condition of repurchase; Babu Genu Waghchaure v. Shankar Tukaram Thorat [Bombay High Court, 04-06-2018]

Unlawful Activities (Prevention) Act, 1967

Ss. 10 & 13 - Bail Application - Waging war against the Government through social media - Rejected; Arvinder Singh v. State of Punjab [Punjab & Haryana High Court, 01-06-2018]

S. 43D - Modified application of certain provisions of the Code, Rameez Ahmad Mir v. State [Jammu & Kashmir High Court, 02-06-2018]
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