Supreme Court of India Weekly Reporter January 1 - 4, 2019

Arbitration and Conciliation Act, 1996 - Ss. 15, 16 - Termination of mandate and substitution of arbitrator - Arbitrator’s relationship with the parties or counsel - The 1996 Act does not disqualify a former employee from acting as an arbitrator, provided that there are no justifiable doubts as to his independence and impartiality. The fact that the arbitrator was in the employment of the State of Haryana over 10 years ago, would make the allegation of bias clearly untenable. Government of Haryana PWD Haryana (B and R) Branch v. M/s G. F. Toll Road Pvt. Ltd., C.A. No. 27 of 2019 03-01-2019

Contempt of Court - The contempt jurisdiction cannot be invoked on the basis of impressions, when the order of the Court does not contain any direction - The contempt would be made out when there is willful disobedience to the orders of this Court. Badri Vishal Pandey v. Rajesh Mittalhttp://bit.ly/ContP817of2018 04-01-2019

Criminal P.C. 1973 - S. 482 - Despite any settlement between the Complainant on the one hand and the accused on the other, the criminal proceedings for the offences under Section 307 of the IPC cannot be quashed, as the offence under Section 307 is a non-­compoundable offence. State of Madhya Pradesh v. Kalyan Singhhttp://bit.ly/CrlA14of2019 04-01-2019



Electricity Act, 2003 - S. 67 - Board is statutorily empowered to undertake all actions necessary for transmission or supply of electricity, subject to the procedure under the Act. State of Jharkhand Department of Energy through Its Law Officer v. Surendra Kumar Srivastava, C.A. No. 21 of 2019 03-01-2019



Income Tax Act, 1961 - S. 80DD - Deduction in respect of maintenance including medical treatment of a dependant who is a person with disability. Ravi Agrawal v. Union of India, W.P. (C) No. 1107 of 2017 03-01-2019

Industrial Disputes Act, 1947 - S.25 (H) – Industrial Disputes (Central) Rules, 1957 - Rule 78 - Re-employment on the Post - Distinction between the expression ‘employment’ and ‘regularization of the service”. The expression ‘employment’ signifies a fresh employment to fill the vacancies whereas the expression ‘regularization of the service’ signifies that the employee, who is already in service, his services are regularized as per service regulations. Management of the Barara Cooperative Marketing Cum Processing Society Ltd. v. Workman Pratap Singh, http://bit.ly/CANo7of2019 02-01-2019

Industrial Disputes Act, 1947 -  Object behind enacting Section 25(H) of the ID Act - The object behind enacting Section 25(H) of the ID Act is to give preference to retrenched employee over other persons by offering them reemployment in the services when the employer takes a decision to fill up the new vacancies. Management of the Barara Cooperative Marketing Cum Processing Society Ltd. v. Workman Pratap Singhhttp://bit.ly/CANo7of2019 02-01-2019

Industrial Disputes Act, 1947 - S.25 (H) – The workman was not entitled to invoke the provisions of Section 25 (H) of the ID Act and seek reemployment by citing the case of another employee who was already in employment and whose services were only regularized by the employer on the basis of his service record in terms of the Rules. Management of the Barara Cooperative Marketing Cum Processing Society Ltd. v. Workman Pratap Singhhttp://bit.ly/CANo7of2019 02-01-2019

Penal Code, 1860 - Ss. 147, 148, 451, 325 / 149, 307 / 149, 294 / 149 & 506 / 149 - Attempt to murder - Considering the material/evidence on record and the medical certificate and the injuries sustained by the complainant, it cannot be said that the intention of the accused was to cause death of the complainant. Therefore, as rightly observed by the High Court, a charge under Section 325/149 ought to have been framed. Therefore, the High Court has not committed any error in setting aside the order passed by the trial Court insofar as framing the charge under Section 307 of the IPC. Champa Lal Dhakar v. Naval Singh Rajput, Crl.A. No. 1931 of 2009 04-01-2019



Penal Code, 1860 - Ss. 307, 294 r/w. 34 - High Court has committed a grave error in quashing the criminal proceedings for the offences under Sections 307, 294 read with Section 34 of the IPC solely on the ground that the original Complainant and the accused have settled the dispute. State of Madhya Pradesh v. Kalyan Singh, http://bit.ly/CrlA14of2019 04-01-2019

Service Law - Seniority - Assistant Teacher in Secondary School - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - Rules 2 (j), 2 (k), 6, 12(3) - “trained graduate” - “trained teacher” - Qualification of the Teachers - Seniority List - Guidelines for fixation of seniority of teachers in the primary schools - Guidelines for fixation of seniority of teachers in the secondary schools Junior Colleges of Education and Junior College classes attached to secondary schools and Senior Colleges. Ku. Bhawana v. State of Maharashtra, C.A. No. 11934 of 2018 04-01-2019

Service Law - Special pay is granted for specific purposes and in response to specific situation and circumstances. Union of India v. Dr. O. P. Nijhawan, C.A. No. 12040 of 2018 03-01-2019