PR ASSOCIATES

RECENT JUDGMENTS OF THE SUPREME COURT OF INDIA

PREVENTIVE DETENTION ORDER ISSUED WHILE ON BAIL  - In a case where a detenu is released on bail and is enjoying his freedom  under the order  of the court at the time of passing the order of detention, then such order of bail must be placed before the detaining  authority .  If it is not done, the detention order is rendered invalid. 

 

Rushikesh Tanaji Bhoite  Vs State of Maharashtra - Supreme Court of India-  Decided on Jan 4, 2012

 

DEATH  SENTENCE For  an occurrence in 1997, Appellant was arrested in 1998  and since then he is in judicial custody- tried, convicted and sentenced to death by the Additional Sessions Judge, Delhi in SC 122/1998  without  assignment of counsel for his defence – High Court confirmed the death sentence in August 2006 -  held, trial was not reasonable, fair and just -  right of speedy trial is a fundamental  right -  Appellant must be seeing the hangman’s noose in his dreams and dying every moment while awake from the day he was awarded sentence of death  -  conviction and sentence is vitiated not on merit but on the ground his trial was not fair and just.

Mohd. Hussain @ Julfikar Ali Vs The State (Govt. of NCT ) Delhi - Supreme Court of India – decided on January 11, 2012 

Service - Disciplinary proceedings - Person appearing as a witness cannot be an inquiry officer. 2011(1) Apex Court Judgments 068 (S.C.)

Service - Misconduct - Assertion of employer that it was not practical to hold domestic enquiry to prove the misconduct of the workman - Held, assertion has to be proved by the employer and not by the workman. 2011(1) Apex Court Judgments 125 (S.C.)

Service - Misconduct - Punishment for misconduct can be imposed in consonance with the statutory rules and principles of natural justice. 2011(1) Apex Court Judgments 068 (S.C.)

Cheating - Deception is a necessary ingredient for the offences of cheating - There must be no dishonest concealment of facts - Non disclosure of relevant information would also be treated as a mis-representation of facts leading to deception. 2011(1) Apex Court Judgments 248 (S.C.)

Cheating - Deception is a necessary ingredient for the offences of cheating - Deception by accused of the person deceived must be fraudulent or dishonest - Such deception must induce the person deceived to: either (a) deliver property to any person; or (b) consent that any person shall retain any property - Accused must by deception intentionally induce the person deceived either to do or omit to do anything which he would not do or omit, if he was not so deceived - Such act or omission must cause or must be likely to cause damage or harm to that person in body, mind, reputation or property. 2011(1) Apex Court Judgments 248 (S.C.)

Public document - Has to be tested by applying the same standard in civil as well as criminal proceedings. 2011(1) Apex Court Judgments 225 (S.C.)

Charge - Unless the parties satisfy the Court that there has been a failure of justice from non framing of charge under a particular provision and some prejudice has been caused to them, conviction under such provision of law is sustainable. 2011(1) Apex Court Judgments 356 (S.C.)

Consumer - Goods purchased for commercial purposes and/or service hired or availed for commercial purposes - Not a consumer within the meaning of the Act - Complaint not maintainable. 2011(1) Apex Court Judgments 206 (S.C.)

Abduction and rape - Non raising of alarm at a public place - Does not lead to conclusion that she willingly accompanied accused when fire arm was wielded and she was threatened. 2011(1) Criminal Court Cases 770 (S.C.)

Absence of intention to cheat and/or defraud - An action in criminal Court does not lie. 2011(1) Criminal Court Cases 893 (S.C.)

Adoption - Of a male child without consent of wife - Adoption is not valid - Consent of wife cannot be presumed when she was present at the time of ceremonies of adoption as a mute spectator. 2011(1) Civil Court Cases 775 (S.C.)

Adverse possession - Person claiming adverse possession is required to establish (1) the date on which he came in possession; (2) nature of possession; (3) the factum of possession; (4) knowledge to the true owner; (5) duration of possession and (6) possession was open and undisturbed. 2011(1) Civil Court Cases 699 (S.C.)

Arbitrator - Can himself decide the issue as to existence of arbitration agreement when proceedings are initiated before a nominated arbitral Tribunal. 2011(1) Civil Court Cases 800 (S.C.)

Arbitrator - Existence of an arbitration agreement questioned - If answer is in the affirmative only then an Arbitrator can be appointed. 2011(1) Civil Court Cases 800 (S.C.)

Court while exercising power u/s 482 or exercising revisional jurisdiction u/s 397 Cr.P.C. can look into uncontroverted documents, placed on record by accused, which on the face of it are beyond suspicion or doubt. 2011(1) Criminal Court Cases 740 (S.C.)

Dishonour of cheque - Exemption from personal appearance - It is discretion of Court to exempt an accused from personal appearance. 2011(1) Criminal Court Cases 697 (S.C.)

Dishonour of cheque - Exemption of personal appearance - It is discretion of Magistrate to dispense with the rigour of personal examination of the accused u/s 313 of the Code as well. 2011(1) Civil Court Cases 729 (S.C.)

Dishonour of cheque - Personal examination of accused u/s 313 Cr.P.C. can be dispensed with whose personal appearance has been dispensed with. 2011(1) Criminal Court Cases 697 (S.C.)

Dowry death - If a demand for property or valuable security, directly or indirectly, has a nexus with marriage, such demand constitutes ‘demand for dowry’ - Cause or reason for such demand is immaterial. 2011(1) Criminal Court Cases 652 (S.C.)

Dying declaration - No mention of pouring kerosene oil in dying declaration while so told to PW1 - No reason to doubt the statement made by deceased in dying declaration and recorded by a Magistrate even when there is no mention of pouring kerosene oil. 2011(1) Criminal Court Cases 657 (S.C.)

Encroachment of public street - Affected person filed suit - Suit is not governed by O.1.R.8 CPC. 2011(1) Civil Court Cases 693 (S.C.)

Encroachment of public street - Gives rise to continuous cause of action - S.22 of Limitation Act applies - Suit not barred by limitation. 2011(1) Civil Court Cases 693 (S.C.)

Hindu Law - No evidence that property was inherited or joint - Same has to be held to be self acquired property. 2011(1) Civil Court Cases 641 (S.C.)

Inherent power of Court - Every procedure is permitted to the Court for doing justice unless expressly prohibited and not that every procedure is prohibited unless expressly permitted. 2011(1) Civil Court Cases 717 (S.C.)

Jurisdiction - A case cannot be transferred when filed in a Court having no jurisdiction at all to hear it. 2011(1) Apex Court Judgments 424 (S.C.)

Notice - Sent under postal certificate - No allegation that postal certificate was procured - Presumption is that notice was duly served. 2011(1) Civil Court Cases 650 (S.C.)

Rape - A woman and more so a young unmarried woman will not put her reputation in peril by alleging falsely about forcible sexual assault as ours is a conservative society. 2011(1) Criminal Court Cases 770 (S.C.)

Rape - No rule much less an absolute one that two years have to be added to the age determined by a doctor. 2011(1) Criminal Court Cases 770 (S.C.)

Rape - Not necessary that in all cases there should be injuries on external or internal part of victim. 2011(1) Criminal Court Cases 770 (S.C.)

Specific performance - Ready and willing - Words "ready" and "willing" imply that the person was prepared to carry out the terms of the contact - Distinction between the two is that the former refers to financial capacity and the latter to the conduct of the plaintiff wanting performance - Generally, readiness is backed by willingness. 2011(1) Civil Court Cases 846 (S.C.)

Suicide not on account of demand for dowry but due to harassment caused by husband - Offence u/s 304-B IPC is not made out. 2011(1) Criminal Court Cases 770 (S.C.)

Withdrawal of withdrawal application to withdraw the suit is maintainable. 2011(1) Civil Court Cases 717 (S.C.)