advocatemmmohan
supreme court of india
Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short “the SICA). – Application for protection of sec.22 (1) of SICA by Guarantors – whether maintainable – Settled law – if the action filed by the Bank comes with in the ambit of term suit, he can obtain protection – if the action of Bank is in the nature of proceedings , he can not avail the protection – in this case , he filed application in proceedings , High court rightly dismissed the application = Inderjeet Arya and another …. Appellants Verses ICICI Bank Limited …. Respondent = Published in judis.nic.in/supremecourt/filename=41087
Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short “the SICA). – Application for protection of sec.22 (1) of SICA by Guarantors – whether maintainable – Settled law – if the action filed by the Bank comes with in the ambit of term suit, he can obtain protection – if the action of Bank … Continue reading
Dying declaration – if not died can be considered as sec.164 statement can be used for contradiction etc., under sec.157 ,sec.155- provided – a dying declaration – cum – sec.164 statement can not be called as full statement of witness – after regain, her full sec.161 statement was recorded – Apex court held no wrong = Veer Singh & Ors. .. Appellant(s) versus State of U.P. .. Respondent(s) = Published in / cited in / Reported in judis.nic.in/supremecourt/filename=41065
Dying declaration – if not died can be considered as sec.164 statement can be used for contradiction etc., under sec.157 ,sec.155– provided – a dying declaration – cum – sec.164 statement can not be called as full statement of witness – after regain, her full sec.161 statement was recorded – Apex court held no wrong … Continue reading
Specific Relief Act, 1963 – Agreement to sell land – Non-execution of – Suit for specific performance – Grant of decree and plea of seller that time was essence of contract rejected – However, High Court setting aside the decree – Validity of – Held: Recital in the agreement that earnest money would be forfeited upon failure to execute agreement within stipulated period makes it clear that parties never intended time to be essence of contract – More so, seller did not prove his plea – Thus, decree granted by trial court upheld – Buyer directed to deposit balance consideration amount and seller would execute sale deed. = PETITIONER: Balasaheb Dayandeo Naik (Dead)through LRs & Ors RESPONDENT: Appasaheb Dattatraya Pawar = published in http://judis.nic.in/supremecourt/helddis.aspx
Specific Relief Act, 1963 – Agreement to sell land – Non-execution of – Suit for specific performance – Grant of decree and plea of seller that time was essence of contract rejected – However, High Court setting aside the decree – Validity of – Held: Recital in the agreement that earnest money would be forfeited … Continue reading
Section 482 of the Code of Criminal Procedure (for brevity.P.C.) = Sections 406, 409, 420 and 120(b) IPC = Fraud played on Bank in collusion with Bank Officers for 2.51 crores – Criminal case – Charge sheet filed – Earlier Quash petitions are withdrawn, dismissed and a direction was also given for speedy trial – reached final – Again for Quash – Single judge allowed as it is a civil case – amount can be recovered through civil means – Apex court allowed the appeal filed by state and set aside the orders of High court stating that Alternative relief for recovery of amount is not a ground for quashing the F.I.R and Charge sheet and with out challenging the earlier orders = STATE THROUH DEPUTY SUPERINTENDENT OF POLICE AND ANR. … RESPONDENTS WITH CRIMINAL APEPAL NO. 1959 OF 2013 (ARISING OUT OF SLP(CRL.)NO.1501 OF 2010) TAMIL NADU MERCANTILE BANK LTD. … APPELLANT VS. STATE AND ORS. … RESPONDENTS = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40986
Section 482 of the Code of Criminal Procedure (for brevity.P.C.) = Sections 406, 409, 420 and 120(b) IPC = Fraud played on Bank in collusion with Bank Officers for 2.51 crores – Criminal case – Charge sheet filed – Earlier Quash petitions are withdrawn, dismissed and a direction was also given for speedy trial – reached final … Continue reading
RENT EVICTION SUIT WITH OUT SURRENDERING THE POSSESSION, A TENANT CAN NOT CHALLENGE THE TITLE OF OWNER =Rent Control and Eviction – Suit for ejectment and resumption of possession of land filed by respondents on the ground that appellant-tenant failed to pay rent from 1986 – Plea of appellant in written statement that suit land actually belonged to him and the lease deed was executed and rent was paid to respondents by mistake of fact – Trial court decreed suit for eviction after recording finding that the appellants had failed to prove the title to the land – First appellate court and High Court upheld the decision of trial court. =It is well settled that the tenant who has been let into possession by the landlord cannot deny the landlord’s title however defective it may be, so long as he has not openly surrendered possession by surrender to his landlord – Although, there are some exceptions to this general rule, none of the exceptions were established by the appellants in this case – Therefore, appellants who were the tenants of the respondents would have to surrender possession to the respondents before they can challenge the title of the respondents – Although an averment was made in the plaint that respondents were owners of the suit land, no relief for declaration of title as such was claimed by the respondents – Only the relief of eviction was sought in the plaint on the ground that the lease had not been renewed after 1986 and the rent had not been paid since 1986- Therefore, this being not a suit of declaration of title and recovery of possession but only a suit for eviction, trial Court, first appellate court and High Court were not called upon to decide the question of title – The findings of courts below on title is, therefore, set aside, but the decree for eviction is maintained – The appellants are directed to vacate the suit land within six months – Suit, if any, filed by the appellants for declaration of title and consequential relief cannot be entertained by the court unless the appellants first vacate and handover possession to the respondents. = STATE OF A.P. & ORS. Appellant(s) VERSUS D. RAGHUKUL PERSHAD (D) BY LRS & ORS. Respondent(s) = published in http://judis.nic.in/supremecourt/helddis.aspx
Rent Control and Eviction – Suit for ejectment and resumption of possession of land filed by respondents on the ground that appellant-tenant failed to pay rent from 1986 – Plea of appellant in written statement that suit land actually belonged to him and the lease deed was executed and rent was paid to respondents by … Continue reading
RIGHT TO INFORMATION ACT – In order to promote transparency and accountability in the working of every public authority Stop giving Oral instructions or directions by the administrative superiors, political executive etc.& directions to the Union State Governments and Union Territories to issue appropriate directions to secure providing of minimum tenure of service to various civil servants, within a period of three months. = T.S.R. Subramanian & Ors. … Petitioners Versus Union of India & Ors. … Respondents = http://judis.nic.in/supremecourt/filename=40943
RIGHT TO INFORMATION ACT – In order to promote transparency and accountability in the working of every public authority Stop giving Oral instructions or directions by the administrative superiors, political executive etc. & directions to the Union State Governments and Union Territories to issue appropriate directions to secure providing of minimum tenure of service to various civil servants, … Continue reading
Elections – Right of voter to vote none Candidates contested in Elections = None of the Above” (NOTA) may be provided in EVMs so that the voters= challenging the constitutional validity of Rules 41(2) & (3) and 49-O of the Conduct of Election Rules, 1961 (in short ‘the Rules’) to the extent that these provisions violate the secrecy of voting which is fundamental to the free and fair elections and is required to be maintained as per Section 128 of the Representation of the People Act, 1951 (in short ‘the RP Act’) and Rules 39 and 49-M of the Rules.- In the above backdrop, the petitioners herein prayed for declaring Rules 41(2) & (3) and 49-O of the Rules ultra vires and unconstitutional and also prayed for a direction to the Election Commission of India- Respondent No. 2 herein, to provide necessary provision in the ballot papers as well as in the electronic voting machines for the protection of the right of not to vote in order to keep the exercise of such right a secret under the existing RP Act/the Rules or under Article 324 of the Constitution.= we hold that Rules 41(2) & (3) and 49-O of the Rules are ultra vires Section 128 of the RP Act and Article 19(1)(a) of the Constitution to the extent they violate secrecy of voting. In view of our conclusion, we direct the Election Commission to provide necessary provision in the ballot papers/EVMs and another button called “None of the Above” (NOTA) may be provided in EVMs so that the voters, who come to the polling booth and decide not to vote for any of the candidates in the fray, are able to exercise their right not to vote while maintaining their right of secrecy. Inasmuch as the Election Commission itself is in favour of the provision for NOTA in EVMs, we direct the Election Commission to implement the same either in a phased manner or at a time with the assistance of the Government of India. We also direct the Government of India to provide necessary help for implementation of the above direction. Besides, we also direct the Election Commission to undertake awareness programmes to educate the masses. 62) The writ petition is disposed of with the aforesaid directions.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40835 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION 1 WRIT PETITION (CIVIL) NO. 161 OF 2004 People’s Union for Civil Liberties & Anr. …. Petitioner (s) Versus Union of India & Anr. …. Respondent(s) 2 J U D G M E … Continue reading
Whether she cannot take benefit of reservation in the State of Uttarakhand because she is a Scheduled Caste (Valmiki of Punjab). =She was provisionally selected but her candidature was cancelled by the Commission vide Office Memorandum dated 4.10.2005 on the ground that she cannot take benefit of reservation in the State of Uttarakhand because she is a Scheduled Caste (Valmiki of Punjab).- The Division Bench held that after migration from Punjab, the appellant cannot be treated as a member of Scheduled Caste in the State of Uttarakhand and she is not entitled to be appointed against the post reserved for Scheduled Caste.= Whether Presidential Order issued under Article 341(1) or Article 342(1) of the Constitution has any bearing on the State’s action in making provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State? – whether a person like the appellant, who is a Scheduled Caste in the State where she was born will not be entitled to the benefit of reservation after marriage in the State where her husband is living despite the fact that the husband also belongs to Scheduled Caste and the particular Caste falls in the same reserved category in the State of migration and that she is a permanent resident of that State. 16. Since the other related matter has been referred to a larger Bench, we think that it would be just and proper to refer this matter also to the larger Bench. Ordered accordingly. 17. The Registry is directed to place the papers before the Hon’ble the Chief Justice of India for consideration and appropriate order.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40822 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8225 of 2013 (Arising out of SLP(C) No.33724 of 2011) Ranjana Kumari … Appellant Versus State of Uttaranchal and others …Respondents J U D G M E N T G.S. SINGHVI, J. 1. Leave granted. 2. The appellant has questioned correctness of … Continue reading
Board not liable to pay any amount to the Bank towards subsidy amount as the Borrower committed default =The Borrower had borrowed money from the Bank for its business and as per policy of the State of Karnataka, the Board had assured the Bank that by way of subsidy, the amount of interest would be paid by the Board to the Bank, provided there was no default in repayment of the principal amount by the Borrower.= the Board has been wrongly saddled with the liability of paying Rs.75,213/-.= The question only is with regard to the liability of the Board. The Board is neither a borrower nor a guarantor. = The Commission and the Karnataka State Khadi and Village Industries Board, will have no liability of any kind either in respect of the principal amount of loan or payment of 4% or revised rate of interest to be borne by the borrowers for which interest subsidy eligibility certificate has been issued by the Commission. Its liability shall be restricted only to the extent of payment of interest subsidy as per scheme. The Commission would be liable to pay interest subsidy as per the scheme only for the period of which the loan is sanctioned by the Bank and is not liable to pay such interest subsidy for the defaulted period 87-88.”= In other words, upon default committed by the Borrower, the Board was absolved of its liability of paying interest on behalf of the Borrower to the Bank and its liability was only to the effect that it would surrender its first charge over the moveable and immoveable assets of the borrower in favour of the Bank. 10. In spite of the aforestated facts, the trial court came to the conclusion that the Board was liable to pay interest which was due and payable by the Borrower. In our opinion, the said finding of the trial court is not correct. Even the High Court’s view of confirming the said finding is not correct and therefore, we quash and set aside the judgment of the appellate court as well as the decree passed by the trial court so far as it makes the Board liable to pay the interest on behalf of the Borrower. In view of the contents of the aforestated letter dated 23rd March, 1988, the Board shall surrender its first charge over all the moveable and immoveable assets of the Borrower in favour of the Bank as soon as possible. 11. The appeal stands partially allowed to the above extent with no order as to costs. Karnataka State K.V. Industries Board …..APPELLANT VERSUS Punjab National Bank & Ors. ….RESPONDENTS
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40772 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION 1 CIVIL APPEAL NO. 8182 OF 2003 (Arising out of SLP ( C) No. 12161 of 2006) Karnataka State K.V. Industries Board …..APPELLANT VERSUS Punjab National Bank & Ors. ….RESPONDENTS 1 J U D G M E N T … Continue reading
Himachala Pradesh state amendment is with the view to provide impediment free reservation in promotion to the Scheduled-Castes and Scheduled-Tribes and to bring certainty and clarity in the matter. Furthermore, the aforesaid proposed amendment is to be introduced with retrospective effect from 17th June, 1995. = “‘Due Consideration’ is totally different from collecting quantifiable data. This exercise has to be conducted and no reservation in promotion can be made without conducting such an exercise. Therefore, the State cannot be permitted to make reservations till such exercise is carried out and clear-cut quantifiable data is collected on the lines indicated in M.Nagaraj’s case. We may also point out that other than making vague reference to “due consideration” having been done, till date the State has not produced before us any clear-cut quantifiable data which could establish the need for reservation. Merely because the amended provision of the Constitution enable the State to make reservation is no ground not to collect data. Therefore, the instructions have to be struck down as being violate of the law laid down in M. Nagaraj’s case by the Apex Court.”= We, therefore, allow this Interlocutory Application and direct the State of Himachal Pradesh to take a final decision on the issue either on the basis of the data already submitted to the Cabinet Sub-Committee on 25th April, 2011 or on the basis of the data reflecting the position as on 30th June, 2011, within a period of three months from today. Till a final decision is taken, the direction restraining the State of Himachal Pradesh from making any promotion shall continue H.P. Scheduled Tribes Employees Federation & Anr. … Appellants Versus Himachal Pradesh S.V.K.K. & Ors. …Respondents.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40773 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION INTERLOCUTORY APPLICATION NO.6 OF 2012 IN SPECIAL LEAVE PETITION (C.) No. 30143 OF 2009 H.P. Scheduled Tribes Employees Federation & Anr. … Appellants Versus Himachal Pradesh S.V.K.K. & Ors. …Respondents With CONTEMPT PETITION (C.) NO. 91 OF 2013 IN SPECIAL LEAVE PETITION (C.) … Continue reading
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