21 Latest Supreme Court Judgments Published in Judgements Today (JT) 2019 Volume 3

JT 2019 (3) SC 288 | CRIMINAL LAW - Criminal Procedure Code, 1973 - Section 227 - Application for Discharge - While considering the case of discharge sought immediately after the charge­sheet is filed, the Court cannot become an Appellate Court and start appreciating the evidence by finding out inconsistency in the statements of the witnesses. It is not legally permissible. Abhay Manohar Sapre, Dinesh Maheshwari JJ. State v. J. Doraiswamy, Crl.A. Nos. 445 of 2019 07-03-2019

JT 2019 (3) SC 285 | SERVICE AND LABOUR LAW - Age Relaxation - The Division Bench did not consider the submissions whether the Respondents could, as a matter of right, claim relaxation in age limit. Without considering said aspect of the matter, the Division Bench proceeded to pass the directions. The assessment made by the Division Bench was completely incorrect. Uday Umesh Lalit & Indu Malhotra, JJ. Electronic Corporation of India Ltd. v. M. Shivani, 08-03-2019



JT 2019 (3) SC 194 | MEDICAL NEGLIGENCE - Granting of reasonability higher amount of compensation - To send the message to the professionals that their responsiveness and diligence has to be equi-balanced for all their consumers and all the human beings deserve to be treated with equal respect and sensitivity. Abhay Manohar Sapre, Dinesh Maheshwari JJ. Shoda Devi v. Ddu / Ripon Hospital Shimla, C.A. No. 2557 of 2019 07-03-2019

JT 2019 (3) SC 119 | ADVOCATES - Advocates Act, 1961 - Section 26 - Enrollment - Cancellation of - Repeated Attempts - Suppression of Facts / Misrepresentation - Government Servant - Involvement in Criminal Case - Acquittal - Subsequent acquittal cannot come to the rescue - Order passed by Bar Council cancelling enrollment as an advocate was confirmed by Apex Court - Repeated attempts later amount to an abuse of process. L. Nageswara Rao, M.R. Shah, JJ. Anand Kumar Sharma v. Bar Council of India, C.A. No. 294 of 2007 01-03-2019

JT 2019 (3) SC 109 | PRACTICE AND PROCEDURE - Amendment in plaint - Inadvertent Mistake - Amendment in pleadings cannot be refused merely because of some mistake, negligence, inadvertence or even infraction of Rules of Procedure. Dr. D.Y. Chandrachud, Hemant Gupta, JJ. Varun Pahwa v. Renu Chaudhary, C.A. No. 2431 of 2019 01-03-2019

JT 2019 (3) SC 96 | LAND LAW - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24 - Whether the proviso contained in Section 24 of the 2013 Act is a proviso to Section 24(1)(b) or whether it is a proviso to Section 24(2) - Referred to Larger Bench. Rohinton Fali Nariman, Vineet Saran, JJ. Delhi Development Authority v. Virender Lal Bahri, 27-02-2019

JT 2019 (3) SC 82 | CRIMINAL LAW - Criminal Procedure Code, 1973 - Ss. 482, 320 - Quashing of FIRs on basis of compromise - High Court mechanically quashed the FIRs - Antecedents of the Accused - Seriousness of the Offences - Social Impact of the Offences - Non-compoundable offences - Offences alleged were very serious and grave, having a social impact - These are relevant factors, while considering the application for quashing the FIR / Complaint / Criminal Proceedings.. L. Nageswara Rao, M.R. Shah JJ. State of Madhya Pradesh v. Dhruv Gurjar, Crl.A. No. 336 of 2019 22-02-2019 (Paras 16.1, 18, 18.1, 18.2, 19)

JT 2019 (3) SC 80 | LAND LAW - Tenancy and Agricultural Lands Act, 1950 (Andhra Pradesh (Telangana Area) - Ss. 19 r/w. 40 & 48­A - Cancellation of Rights of Protected Tenants. Abhay Manohar Sapre, Dinesh Maheshwari JJ. Gaddam Ramulu v. Joint Collector, Adilabad District, C.A. No. 8366 of 2010 27-02-2019

JT 2019 (3) SC 77 | INCOME TAX - Income Tax Act, 1961 - S. 260A - Scope and ambit - Requirements of sub­sections (4) and (5). Matter remanded to High Court. Abhay Manohar Sapre, Dinesh Maheshwari JJ. Commissioner of Income Tax v. M/s Rashtradoot (HUF), C.A. No. 2362 of 2019 27-02-2019

JT 2019 (3) SC 71 | CRIMINAL LAW - An order, which is based entirely on wrong factual premise once held illegal by a superior Court at the instance of one accused, cannot be allowed to stand against other non-appealing accused persons also. It is a fundamental principle of law that an illegality committed by a Court cannot be allowed to be perpetuated against a person to a Lis merely because he did not bring such illegality to the notice of the Court and instead other person similarly placed in the Lis brought such illegality to the Court’s notice and succeed in his challenge. The benefit of re­hearing of the appeal cannot be denied to other co-­accused. Abhay Manohar Sapre, Dinesh Maheshwari JJ. Deep Narayan Chourasia v. State of Bihar, Crl.A. No. 180 of 2019 25-02-2019

JT 2019 (3) SC 54 | PROPERTY LAW - Hindu Minority and Guardianship Act, 1956 - Section 8 - As per sub-section (3) of Section 8, a disposal of immovable property by a natural guardian in contravention of sub-section (1) or sub-section (2) is voidable. A voidable sale deed is valid till it is avoided. Therefore, a voidable sale deed has to be actually set aside before taking its legal effect. The Limitation Act contemplates suit to set aside a transfer of property made by the guardian of a ward for which limitation is contemplated as three years under Article 60. Ashok Bhushan, K.M. Joseph JJ. Murugan v. Kesava Gounder, C.A. No. 1782 of 2019 25-02-2019

JT 2019 (3) SC 45 | SERVICE AND LABOUR LAWS - Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 - Ss. 2(b)(ii) r/w. 6 - Whether special allowances paid to employees would fall within the expression “basic wages” for computation of deduction towards Provident Fund? Arun Mishra, Navin Sinha JJ. Regional Provident Fund Commissioner (II) West Bengal v. Vivekananda Vidyamandir, C.A. No. 6221 of 2011 28-02-2019

JT 2019 (3) SC 39 | LAND LAW - Land Acquisition Act, 1894 - Section 28A - The idea under Section 28A is certainly to extend benefit of equal compensation to landholders who, for some reasons had not preferred appropriate applications for Reference in time but for a company having profile such as the petitioner, inaction on the front followed by delay in filing petition in the High Court disentitles the petitioner from claiming any relief under Article 226 of the Constitution. Uday Umesh Lalit & Hemant Gupta, JJ. Model Economic Township Ltd. v. Land Acquisition Collector, S.L.P. (C) No. 618 of 2018 26-02-2019 (Para 10)

JT 2019 (3) SC 31 | SERVICE AND LABOUR LAW - Central Civil Services (Pension) Rules, 1972 - Rr. 3(1)(q), 21 - Pension – Qualifying Service – Period of leave for which salary is not payable is to be excluded. S.A. Bobde, Sanjay Kishan Kaul, Deepak Gupta JJ. Delhi Transport Corporation v. Balwan Singh, C.A. No. 7159 of 2014 26-02-2019 (Paras 20-24)

JT 2019 (3) SC 25 | CRIMINAL LAW - Criminal Procedure Code, 1973 - S. 319 - Scope and Ambit - Under Section 319 Cr.P.C., a person can be added as an accused invoking the provisions not only for the same offence for which the accused is tried but for “any offence”; but that offence shall be such that in respect of which all the accused could be tried together. R. Banumathi, R. Subhash Reddy JJ. Sunil Kumar Gupta v. State of Uttar Pradesh, Crl.A. No. 395 of 2019 27-02-2019 (Paras 9, 11, 12)

JT 2019 (3) SC 22 | PROPERTY LAW - Transfer of Property Act, 1882 - S. 122 - Gift deed - Validity of - If the gift is evidenced by consideration,same cannot be valid one within the meaning of Section 122 of the T.P. Act. R. Banumathi, R. Subhash Reddy JJ. Jagdish Chander v. Satish Chander, C.A. No. 2361 of 2019 27-02-2019 (Paras 13-17)

JT 2019 (3) SC 16 | CRIMINAL LAW - Prevention of Corruption Act, 1988 - Ss. 7, 13(1)d r/w. 13(2) - Whether direct proof or primary evidence for proving demand of illegal gratification necessary ? Matter referred to larger bench. R. Banumathi, R. Subhash Reddy JJ. Neeraj Dutta v. State (Govt. of Nct of Delhi), Crl.A. No. 1669 of 2009 28-02-2019

JT 2019 (3) SC 9 | MEDICAL NEGLIGENCE - Legal principle - A person would be liable for negligence if he does not possess the requisite skills, which he professes to be possessing or he does not exercise, with reasonable competence in a given case, the skill which he possess. It is not necessary for every professional to possess the highest level of expertise in that particular branch in which he practices. It would suffice if he exercises the ordinary skill of an ordinary competent man exercising that particular art. A doctor cannot be said to be negligent if he acts in accordance with a practice accepted as proper by a reasonable body of medical men skilled in that particular art, merely because there is a body of such opinion that takes a contrary view.. L. Nageswara Rao, Sanjay Kishan Kaul JJ. Vinod Jain v. Santokba Durlabhji Memorial Hospital, C.A. No. 2024 of 2019 25-02-2019

JT 2019 (3) SC 6 | PRACTICE AND PROCEDURE - Injunction - When the plaintiff's injunction application stood dismissed by the Trial Court and the same was not carried in appeal at his instance, the same could not have been revived by the High Court in a writ petition filed by the plaintiff.. Abhay Manohar Sapre, Dinesh Maheshwari JJ. Revansiddeshwar Pattan Sahakari Bank Niyamit v. Taluka Tokrekoli, C.A. No. 2013 of 2019 25-02-2019

JT 2019 (3) SC 5 | PRACTICE AND PROCEDURE - Civil Law - Plaint - Amendment - Trial Court allowed the application for amendment of the plaint - Plaintiff filed the application when the trial in the suit was almost over and the case was fixed for final arguments - the suit could still be decided even without there being any necessity to seek any amendment in the plaint - amendment in the plaint was not really required for determination of the issues in the suit. impugned order is legally unsustainable. Abhay Manohar Sapre, Dinesh Maheshwari JJ. Vijay Hathising Shah v. Gitaben Parshottamdas Mukhi, C.A. No. 2012 of 2019 25-02-2019 (Para 10)

JT 2019 (3) SC 1 | CRIMINAL LAW - Penal Code, 1860 - Ss. 279 & 304A - Just and adequate punishment in a vehicular accident cases - A 15 year old boy lost his life due to the rash and negligent driving of the truck by the appellant and where, after causing the accident, the appellant fled from the site and was surrendered by his commandant more than 3 weeks later - No reason to reduce the punishment awarded or to extend the benefit of probation. Abhay Manohar Sapre, Dinesh Maheshwari JJ. Subhash Chand v. State of Punjab, Crl.A. No. 1827 of 2009 25-02-2019 (Paras 6, 6.1, 8, 9, 11)
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