Supreme Court Monthly Digest: January 2021

Judgments/ Order: 1. Supreme Court Upholds Centre's Plan For The Central Vista Project by 2:1 Majority, Justice Khanna Dissents [Case: Rajeev Suri v. DDA & Ors.; Citation: LL 2021 SC 1] Order dated January 5, 2021 The Supreme Court upheld the Central Government's plan for construction of the Central Vista project and the government's proposal to construct a new Parliament in Lutyen's Delhi. A Bench of Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna pronounced the judgement, with Justices Khanwilkar and Maheshwari forming the majority, and with Justice Khanna pronouncing a separate judgement. "We cannot be called upon to govern. For, we have no wherewithal or prowess and expertise in that regard," remarked the Judges in majority. Justice Khanna on the other hand expressed dissent on the aspects of public participation on interpretation of the statutory provisions, failure to take prior approval of the Heritage Conservation Committee and the order passed by the Expert Appraisal Committee. Also Read: Central Vista- Lack Of Public Consultation, No Approval From HCC, Non Speaking Order Granting Environment Clearance: Justice Sanjiv Khanna In His Dissent Also Read: 'We Cannot Be Called Upon To Govern. For We Have No Wherewithal or Prowess And Expertise In That Regard': Supreme Court In Central Vista Case 2. Absolute Devotion, Integrity And Honesty Is A Sine Qua Non For Every Bank Employee: Supreme Court Upholds Dismissal Of A Bank Clerk [Case: Deputy General Manager (Appellate Authority) & Ors. v. Ajai Kumar Srivastava; Citation: LL 2021 SC 2] Order dated January 5, 2021 In banking business absolute devotion, integrity and honesty is a sine qua non for every bank employee, observed a bench comprising Justices L. Nageswara Rao, Hemant Gupta and Ajay Rastogi while upholding dismissal of a bank employee. "It requires the employee to maintain good conduct and discipline and he deals with money of the depositors and the customers and if it is not observed, the confidence of the public/depositors would be impaired. It is for this additional reason, we are of the opinion that the High Court has committed an apparent error in setting aside the order of dismissal of the respondent dated 24th July, 1999 confirmed in departmental appeal by order dated 15th November, 1999," the Court observed. Access full report to read observations regarding power of judicial review in the matter of disciplinary proceedings 3. Motor Accident Compensation- Future Prospects Can Be Granted Even In Cases Pertaining To Notional Income: Supreme Court [Case: Kirti v. Oriental Insurance Company Ltd.; Citation: LL 2021 SC 3] Order dated January 5, 2021 A bench comprising Justices NV Ramana, S. Abdul Nazeer and Surya Kant held that future prospects can be granted even in cases pertaining to notional income. The court observed thus while disposing an appeal arising out of Motor Accident Compensation Claim filed by heirs of a deceased couple who died in an accident. In this case, the Motor Accident Claims Tribunal awarded a total sum of Rs 40.71 lakhs for both deceased to the claimants. Partly allowing the appeal filed by Insurance Company, the High Court reversed the addition of future prospects. Disagreeing with this approach, the Top Court observed: "Given how both deceased were below 40 years and how they have not been established to be permanent employees, future prospects to the tune of 40% must be paid. The argument that no such future prospects ought to be allowed for those with notional income, is both incorrect in law and without merit considering the constant inflation induced increase in wages." Also Read: Conception That House Makers Do Not "Work" Or That They Do Not Add Economic Value To The Household Is A Problematic Idea Also Read: Advocates Cannot Throwaway Legal Rights Or Enter Into Arrangements Contrary To Law 4. Governing Body Of College Is The Proper Authority To Appoint Administrative Staffs Of A College [Case: Chairperson Governing Body Daulat Ram College v. Dr. Asha; Citation: LL 2021 SC 4] Order dated January 5, 2021 A bench comprising Justice Ashok Bhushan and Justice M.R. Shah observed that it is the Governing Body of a College which has the authority to appoint the administrative staffs of a College. "The Principal, however, who is entrusted the over all internal administration of the College is a person who knows all the staff of the College and his/her recommendation with regard to appointment of Warden of the College Hostel is to carry weight. The Governing Body while making appointment of Warden of the College Hostel has to give due weight to the recommendation of Principal", the Court observed. 5. Acceptance Of A Conditional Offer With A Further Condition Does Not Result In A Concluded Contract [Case: M/s. Padia Timber Company(P) Ltd. v. Board of Trustees of...

Supreme Court Monthly Digest: January 2021

Akshita Saxena

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