Supreme Court Weekly Digest With Nominal, Subject Wise And Statute Wise Index [March 1 to 7]

SUBJECT INDEX

Administrative Law - Natural Justice - Importance of natural justice and an opportunity of hearing to be afforded to the affected party in any administrative or quasi­ judicial proceedings. (Para 28) 2022 LiveLaw (SC) 226

CISF Rules, 2001 ; Rule 52 - Appellate power under Rule 52 of the CISF Rules, 2001, cannot be equated with power of judicial review exercised by constitutional courts. (Para 9) 2022 LiveLaw (SC) 244

Civil Suit - Adverse Possession - Suit for declaration based on adverse possession having matured into ownership – Maintainable. 2022 LiveLaw (SC) 246

Civil Suit - If the title to the property was the basis of the relief of possession, the relief for permanent injunction can be said to be a consequential relief. (Para 11) 2022 LiveLaw (SC) 241

Civil Suit - Injunction - Once the dispute with respect to title is settled and it is held against the plaintiff, the suit by the plaintiff for permanent injunction shall not be maintainable against the true owner. (Para 9) 2022 LiveLaw (SC) 241

Code of Criminal Procedure, 1973 - Appeal against High Court order setting aside criminal proceedings on the ground that taking cognizance by magistrate was barred by limitation - Allowed - The High Court made a fundamental error in assuming that the date of taking cognizance i.e., 04.12.2012 is decisive of the matter, while ignoring the fact that the written complaint was indeed filed by the appellant on 10.07.2012, well within the period of limitation of 3 years with reference to the date of commission of offence i.e., 04.10.2009 - Rejected the contention that Sarah Mathew's case requires reconsideration on the ground that some of the factors related with Chapter XXXVI CrPC have not been considered. 2022 LiveLaw (SC) 248

Code of Criminal Procedure, 1973 - Section 173 - Magistrate to have due regard to both the reports, the initial report which was submitted under Section 173(2) as well as the supplementary report which was submitted after further investigation in terms of Section 173(8). It is thereafter that the Magistrate would have to take a considered view in accordance with law as to whether there is ground for presuming that the persons named as accused have committed an offence. 2022 LiveLaw (SC) 230

Code of Criminal Procedure, 1973 - Section 436-439 - Bail - Grant of bail, though a discretionary order, requires such discretion to be exercised in a judicious manner and on the application of certain settled parameters. More heinous the crime, greater is the chance of rejection of bail, though the exercise also depends on the factual matrix of the matter - The Court, amongst others, must consider the prima facie view of whether the accused has committed the offence, nature of the offence, gravity, likelihood of the accused obstructing in any manner or evading the process of justice. Grant of bail draws an appropriate balance between public interest in the administration of justice and protection of individual liberty in a criminal case. The prima facie examination is on the basis of analysis of the record, and should not be confused with examination in detail of the evidence on record to come to a conclusive finding. 2022 LiveLaw (SC) 222

Code of Criminal Procedure, 1973; Section 468 - The relevant date is the date of filing of the complaint or the date of institution of prosecution and not the date on which the Magistrate takes cognizance of the offence. 2022 LiveLaw (SC) 248

Code of Criminal Procedure, 1973; Section 482 - There being no bar to exercise of jurisdiction of Criminal Courts including the High Court, under Section 482 CrPC, the High Court is competent to entertain the petition under Section 482 CrPC. (Para 14) 2022 LiveLaw (SC) 243

Constitution of India, 1950 - Article 142 - Irretrievable breakdown of marriage - Consent of the parties is not necessary to declare a marriage dissolved. (Para 29-31) 2022 LiveLaw (SC) 224

Constitution of India, 1950 - Article 142 - Irretrievable breakdown of marriage - Affirmed the judgment of the High Court but refused to grant a decree of dissolution on the ground of cruelty - Invoking Article 142 of the Constitution the marriage declared as dissolved. 2022 LiveLaw (SC) 224

Constitution of India, 1950 - Article 226 - Appeal against high Court set aside the orders passed by authorities refusing to confirm auction in favour of highest bidder - Allowed - The High Court was not supposed to interfere in the opinion of the executive who were dealing on the subject, unless the decision is totally arbitrary or unreasonable, and it was not open for the High Court to sit like a Court of Appeal over the decision of the competent authority and particularly in the matters where the authority competent of floating the tender is the best judge of its requirements, therefore, the interference otherwise has to be very minimal. 2022 LiveLaw (SC) 235

Constitution of India, 1950 - Article 226 - Appeal against High Court order that set aside order issued by Municipality cancelling work order to appellant - Allowed - In absence of any evidence and material on record and there being disputed questions of facts the High Court ought not to have passed the impugned judgment and order directing the Council to continue the work order. 2022 LiveLaw (SC) 225

Constitution of India, 1950 - Article 226 - Judicial review in contractual / commercial / tenders / public auction matters - Superior Courts should not interfere in the matters of tenders, unless substantial public interest was involved or the transaction was malafide - Plausible decisions need not be overturned - Latitude ought to be granted to the State in exercise of its executive power. However, allegations of illegality, irrationality and procedural impropriety would be enough grounds for Courts to assume jurisdiction and remedy such ills - Opinion of the executive who were dealing on the subject, not to be interfered with unless the decision is totally arbitrary or unreasonable. (Para 19 -26) 2022 LiveLaw (SC) 235

Constitution of India, 1950 - Article 226 - Specific Performance - No writ of mandamus could have been issued virtually granting the writ for specific performance of the contract/work order in a writ petition under Article 226 of the Constitution of India. (Para 8) 2022 LiveLaw (SC) 225

Constitution of India, 1950 - Article 226 - Writ Petitions - After a period of 10 years from the date of execution of the Sale Deed with NOIDA, the petitioner made a representation to it requesting to allot a plot as agreed in terms of the Sale Deed - High Court directed NOIDA to consider the representation - NOIDA rejected it - This was again challenged before High Court by the Petitioner - High Court dismissed writ petition - SLP challenging the said High Court judgment dismissed. 2022 LiveLaw (SC) 232

Constitution of India, 1950 - Article 226 - Writ Petitions - Delay and latches - High Courts directing the authorities to decide the representation though the representations are made belatedly - Mere representation does not extend the period of limitation - If it is found that the writ petitioner is guilty of delay and latches, the High Court should dismiss it at the threshold and ought not to dispose of the writ petition by relegating the writ petitioner to file a representation and/or directing the authority to decide the representation - Such order shall not give an opportunity to the petitioner to thereafter contend that rejection of the representation subsequently has given a fresh cause of action. (Para 4, 5) 2022 LiveLaw (SC) 232

Constitution of India, 1950 - Article 226 - Writ Petitions - No writ under Article 226 of the Constitution of India shall be maintainable and/or entertainable for specific performance of the contract and that too after a period of 10 years by which time even the suit for specific performance would have been barred by limitation. (Para 6) 2022 LiveLaw (SC) 232

Constitution of India, 1950 - Article 227- Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - The High Court while exercising jurisdiction under Article 227 of the Constitution of India not justified in upsetting the finding of fact rendered by the Appellant Authority. 2022 LiveLaw (SC) 239

Constitution of India, 1950 - Article 32, 226 - Public Interest Litigation - Locus Standi -One of the measures to ensure that frivolous or private interests are not masqueraded as genuine claims, is to be cautious when examining locus standi. Generally, PIL, being a summary jurisdiction, has limited powers to examine the bonafides of parties. It is usually on the pleadings that the Court should take a prima facie view on the bonafides of the party. If the Court concludes that the litigation was initiated under the shadow of reasonable suspicion, then the Court may decline to entertain the claims on merits. In these cases, Courts have multiple options – such as dismissing the PIL or appointing an amicus curiae, if the cause espoused in the case requires the immediate attention of the Court. (Para 22) 2022 LiveLaw (SC) 226

Constitution of India, 1950 - Article 32, 226 - Public Interest Litigation - PIL litigation has had a beneficial effect on the Indian jurisprudence and has alleviated the conditions of the citizens in general - Thousands of frivolous petitions are filed, burdening the docket of both this Court and the High Courts - Many claims filed in the Courts are sometimes immature. Noble intentions behind expanding the Court's jurisdiction to accommodate socially relevant issues, in recent decades, have been critically analyzed. (Para 21) 2022 LiveLaw (SC) 226

Constitution of India, 1950 - Article 32, 226 - Public Interest Litigation - Appeal against High Court Judgment allowing PIL in the matter of a title claim between a private party and the State - Allowed - The State clearly indicated that they do not have any interest in pursuing the ownership of the land in question and have admitted to the title of the appellants - Institution of the public interest litigation was nothing more than an abuse of the process. 2022 LiveLaw (SC) 226

Constitution of India, 1950 - Levy of Excise Duty - Appeal against High Court order which set aside demand notice issued to pay excise duty on the weak spirit, which was more than 2% allowable wastage - Dismissed - Wastage generated has been found to be unfit and unsafe for potable purpose - the State has power to levy excise duty only in respect of the alcoholic liquor for human consumption. 2022 LiveLaw (SC) 240

Constitution of India, 1950 - Levy of Excise Duty - State Legislature has no authority to levy duty or tax on alcohol, which is not for human consumption as that could be levied only by the Centre - State only empowered to levy excise duty on alcoholic liquor for human consumption. 2022 LiveLaw (SC) 240

Constitution of India, 1950 - Prohibition of Cow Slaughter Act, 2004 (Madhya Pradesh) - Appeal against High Court order refusing to interfere with confiscation order passed by District Magistrate despite acquittal in connected criminal case under MP Cow Slaughter Prohibition Act - Allowed - The order of acquittal was passed as evidence was missing to connect the accused with the charges. The confiscation of the appellant's truck when he is acquitted in the Criminal prosecution, amounts to arbitrary deprivation of his property and violates the right guaranteed to each person under Article 300A - The District Magistrate's order of Confiscation (ignoring the Trial Court's judgment of acquittal), is not only arbitrary but also inconsistent with the legal requirements. 2022 LiveLaw (SC) 243

Constitution of India, 1950; Article 226 - CISF Rules, 2001 ; Rule 52 - Appellate power under Rule 52 of the CISF Rules, 2001, cannot be equated with power of judicial review exercised by constitutional courts. (Para 9) 2022 LiveLaw (SC) 244

Constitution of India, 1950; Article 226 - Judicial Review Of Disciplinary Proceedings - Disciplinary Proceedings - The courts would not interfere unless the exercise of discretion in awarding punishment is perverse in the sense the punishment imposed is grossly disproportionate - Quantum of punishment is within the discretionary domain and the sole power of the decision-making authority once the charge of misconduct stands proved - While exercising the power of judicial review, the court do not assume the role of the appellate authority. Writ jurisdiction is circumscribed by limits of correcting errors of law, procedural error leading to manifest injustice or violation of principles of natural justice. The decision are also disturbed when it is found to be ailing with perversity. (Para 9) 2022 LiveLaw (SC) 244

Constitution of India, 1950; Article 226 - Writ Appeal - Appeal against High Court judgment which dismissed special (writ) appeal without independent reasoning - Allowed - This is not the manner in which the Division Bench should have decided and disposed of the writ appeal. Thus, the Division Bench of the High Court has not exercised the appellate jurisdiction vested in it - Remanded for fresh consideration. 2022 LiveLaw (SC) 249

Constitution of India, 1950; Article 226 - Writ Appeal - There must be an independent application of mind and at least some independent reasoning to be given by the appellate Court while deciding and disposing of the writ appeal. (Para 6) 2022 LiveLaw (SC) 249

Constitution of India, 1950; Article 300A - Confiscation - By an order of confiscation, a person is deprived of the enjoyment of his property - Therefore, it is necessary for the State to establish that the property was illegally obtained or is part of the proceeds of crime or the deprivation is warranted for public purpose or public interest. (Para 17) 2022 LiveLaw (SC) 243

Constitution of India, 1950; Article 32, 226 - Writ Of Quo Warranto - The jurisdiction to issue a writ of quo warranto is a limited one, which can only be issued when a person is holding the public office does not fulfill the eligibility criteria prescribed to be appointed to such an office or when the appointment is contrary to the statutory rules. (Para 9, 9.1) 2022 LiveLaw (SC) 242

Contract Act, 1872 - Section 56 - Doctrine of Frustration discussed - The applicability of Section 56 of the Indian Contract Act is not limited to cases of physical impossibility. (Para 41) 2022 LiveLaw (SC) 238

Contract Act, 1872 - Section 65 - Appeal against TDSAT order dismissing appellant's refund claim - Dismissed - In Centre for Public Interest Litigation v. Union of India (2012) 3 SCC 1, the 2G licences which were granted by the Union of India, including to the appellant, were quashed - The appellant was the beneficiary of the "First Come First Serve" policy which was intended to favour a group of private bidding entities at the cost of the public exchequer. The contention of the appellant that it was exculpated from any wrongdoing by the judgment of this Court in CPIL (supra) is patently erroneous. 2022 LiveLaw (SC) 238

Contract Act, 1872 - Section 65 - Restitution - In adjudicating a claim of restitution, the court must determine the illegality which caused the contract to become void and the role the party claiming restitution has played in it. If the party claiming restitution was equally or more responsible for the illegality (in comparison to the defendant), there shall be no cause for restitution. (Para 52) 2022 LiveLaw (SC) 238

Criminal Trial - Appeal against High Court judgment upholding conviction of accused in a murder case - dismissed - The prosecution proved its case beyond reasonable doubt - The fact that the trial/appeal should have taken years and that other accused should have died during the appeal cannot be a ground for acquittal. 2022 LiveLaw (SC) 234

Criminal trial - Circumstantial evidence - Motive - absence of motive in a case of circumstantial evidence weighs in favour of the accused - motive not relevant in a case of direct evidence. 2022 LiveLaw (SC) 229

Criminal Trial - Murder - Where, however, the only evidence against an accused person is the recovery of stolen property and although the circumstances may indicate that the theft and the murder must have been committed at the same time, it is not safe to draw the inference that the person in possession of the stolen property was the murdered. Suspicion cannot take the place of proof. 2022 LiveLaw (SC) 228

Criminal Trial - The court is not supposed to give undue importance to omissions, contradictions and discrepancies which do not go to the heart of the matter, and shake the basic version of the prosecution witness. 2022 LiveLaw (SC) 234

Criminal Trial - The prosecution is required to prove its case beyond reasonable doubt and not beyond all iota of doubt. (Para 46) 2022 LiveLaw (SC) 234

Environmental Law - Appeal against NGT order directing that mining activity shall not be permitted within and in the vicinity of Simplipal - Hadagarh - Kuldiha – Simplipal elephant corridor - Disposed of - Implement the Comprehensive Wildlife Management Plan as suggested by the Standing Committee of NBWL before permitting any mining activity in the eco-sensitive zone - Complete the process of declaration of the traditional elephant corridor as conservation reserve expeditiously. The mining operations of 97 quarries shall be permitted only thereafter. 2022 LiveLaw (SC) 233

Family Courts Act, 1984 - Madras High Court Family Courts (Procedure) Rules, 1996 - Rule 52 - A free copy may be supplied as per the requirement under the Family Courts Act but that is a far cry from holding that an appeal can be carried without a certified copy - Rejected argument that that an appeal can be maintained within thirty days even if it is in the absence of a certified copy. (Para 22, 23) 2022 LiveLaw (SC) 224

Family Courts Act, 1984 - Section 19, 20 - Limitation Act, 1963- Section 12, 29(2) - The period spent in obtaining the copy can be excluded in calculating the period of limitation to file matrimonial appeals under Family Courts Act - Nothing inconsistent in Section 12 read with Section 29(2) of the Limitation Act with Section 19 of the Family Courts Act - Section 20 will not override the provisions of Section 12 of the Limitation Act. 2022 LiveLaw (SC) 224

Family Courts Act, 1984 - The Family Courts Act is not a standalone Act. It draws sustenance from Acts like the Hindu Marriage Act. This is for the reason that a petition within the meaning, for instance, of the Hindu Marriage Act, after a Family Court is established in India, is to be dealt with by the Family Court, on the grounds as provided under the Hindu Marriage Act. (Para 24) 2022 LiveLaw (SC) 224

Hindu Marriage Act, 1956 - Section 15 - Filing of appeal must be treated as having been presented within the meaning of Section 15 of the Act. The argument that not only must the appellant file the appeal, or prefer the appeal or present the appeal, but he must also ensure that the appeal comes on the judicial side of the High Court is clearly without any basis. (Para 27) 2022 LiveLaw (SC) 224

Judicial Service - Appeal against Bombay HC judgment which refused to interfere with cancellation of appointment of appellant judicial officer who could not join before prescribed date due to nationwide lockdown imposed in view of covid-19 pandemic - Allowed - It is not a case where there is a complete dearth of any explanation by the candidate - There was considerable confusion also about what a person could do and what a person could not do during the time of the lockdown. It was an unprecedented situation which affected the nation - Impugned notification quashed and appointment restored - The appellant will not be entitled to claim seniority/backwages. 2022 LiveLaw (SC) 250

Limitation Act, 1963 - Section 5 - Delay Condonation - SLP Against High Court order which set aside the Trial Court order condoning delay of 465 days even after finding that delay has not been properly explained - Dismissed - Once it was found even by the trial Court that delay has not been properly explained and even there are no merits in the application for condonation of delay, thereafter, the matter should rest there and the condonation of delay application was required to be dismissed. 2022 LiveLaw (SC) 227

Limitation Act, 1963 - Section 5 - Delay Condonation - When it is found that the delay is not properly explained, the application to condone delay is required to be dismissed - he Court has no power to extend the period of limitation on equitable grounds - Still to condone the delay would be giving a premium to a person who fails to explain the delay and who is guilty of delay and laches. (Para 5) 2022 LiveLaw (SC) 227

Limitation Act, 1963- Section 29(3) - Family Courts Act, 1984 - The word 'proceedings' within the meaning of Section 29(3) is to be confined to the original proceeding and not appellate proceedings. (Para 21, 24) 2022 LiveLaw (SC) 224

Narcotic Drugs and Psychotropic Substances Act, 1985 - Appeal against HC judgment upholding conviction of appellant under NDPS Act - Dismissed. 2022 LiveLaw (SC) 245

Narcotic Drugs and Psychotropic Substances Act, 1985 - The physical nature of the material is not relevant for determining whether the contents of the sample analyzed were actually opium or not, and physical analysis is not prescribed under the provisions of the NDPS Act for testing the opium. 2022 LiveLaw (SC) 245

Natural Justice - The principles of natural justice is a part of the mandate of Article 14 itself - An exception to the principle would be a case where it is entirely futile to provide an opportunity. (Para 16) 2022 LiveLaw (SC) 237

Negotiable Instruments Act, 1881, Section 138 - It is surprising that on the one hand, the bank managers have specifically deposed that no such bank account was opened and maintained in their bank while on the other hand the cheque drawn by the respondent in favour of the appellant, was returned with the remark "account frozen" in respect of the same cheque. The bank account has been mentioned on the cheque and the endorsement to the effect "Account Frozen" will presuppose that an account existed". 2022 LiveLaw (SC) 223

Penal Code, 1860; Section 302 - Trial Court does not have the jurisdiction to sentence an accused to life imprisonment which is to extend to the remainder of their life. 2022 LiveLaw (SC) 247

Police Force - Discipline is the essence of the organization and structure of police force. No indulgence or latitude can be granted when the case is of violence and assault on the officer who had checked and reprimanded the respondent. To condone the misconduct will have ramifications. Discipline in the police force cannot be compromised. (Para 10) 2022 LiveLaw (SC) 244

Policy decisions - A greater free play in the joints must be accorded to decisions of economic policy where the legislature or the executive is called upon to make complex choices which cannot always conform to a straitjacket or doctrinaire solution. (Para 58) 2022 LiveLaw (SC) 238

Practice and Procedure - Special Leave Petitions - Whenever documents/ additional documents are to be relied upon are to be produced and as far as possible, they must be filed along with the Special Leave Petition. If for any reason the same have not been filed along with the Special Leave Petition then in that case the same shall be filed well in advance before the Special Leave Petitions are heard by the Courts. By not filing the application for additional documents at the time of filing the Special Leave Petition but filing the same at the last moment and on the previous day of the posting of the Special Leave Petition and many a time late in the evening causes great inconvenience to the Court. (Para 2-4) 2022 LiveLaw (SC) 231

Precedents - A decision of the Constitution Bench of this Court cannot be questioned on certain suggestions about different interpretation of the provisions under consideration - The binding effect of a decision of the Supreme Court does not depend upon whether a particular argument was considered or not, provided the point with reference to which the argument is advanced, was actually decided therein. 2022 LiveLaw (SC) 248

Prohibition of Cow Slaughter Act, 2004 (Madhya Pradesh); Section 11 - In a case where the offender/accused are acquitted in the Criminal Prosecution, the judgment given in the Criminal Trial should be factored in by the District Magistrate while deciding the confiscation proceeding. (Para 21) 2022 LiveLaw (SC) 243

Prohibition of Cow Slaughter Act, 2004 (Madhya Pradesh); Section 13A - The burden on the State authority to legally justify the confiscation order, cannot be shifted to the person facing the confiscation proceeding. (Para 19) 2022 LiveLaw (SC) 243

Prohibition of Cow Slaughter Act, 2004 (Madhya Pradesh); Section 11 - M.P Govansh Vadh Pratishedh Rules, 2012; Rule 5 - The confiscation proceeding, before the District Magistrate, is different from criminal prosecution. However, both may run simultaneously, to facilitate speedy and effective adjudication with regard to confiscation of the means used for committing the offence. The District Magistrate has the power to independently adjudicate cases of violations under Sections 4, 5, 6, 6A and 6B of the 2004 Act and pass order of confiscation in case of violation. (Para 21) 2022 LiveLaw (SC) 243

Public Auction - Highest bidder has no vested right to have the auction concluded in his favour - State or authority is not bound to accept the highest tender of bid. The acceptance of the highest bid or highest bidder is always subject to conditions of holding public auction and the right of the highest bidder is always provisional to be examined in the context in different conditions in which the auction has been held. (Para 18, 26) 2022 LiveLaw (SC) 235

Public Employment - Appointment - There is no absolute right with the candidate to insist that he should be permitted to join beyond the date - But there is no law which would support the cancellation of the candidature of the selected candidate if he seeks to join beyond a particular point of time. (Para 18,16) 2022 LiveLaw (SC) 250

Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990 (Karnataka) - Section 4 - Appointments to the reserved vacancies are meant only for those who are deserving by being members of the said community alone. If any person other than a member of the reserved community is appointed, it would clearly constitute an infringement of the rights of the genuinely deserving members of the said community - Even the applicants applying under the general categories could be adversely affected. (Para 9) 2022 LiveLaw (SC) 237

Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990 (Karnataka) - Section 4 - The mere fact that the Law Giver has used the word 'voidable', cannot, in the context, detract from the gravity of the matter. The matter is not to be judged from the need for an act by the employer - In a situation where the law provides that the appointment is voidable, an act of the employer seeking to avoid the appointment is all that is required. (Para 9, 16) 2022 LiveLaw (SC) 237

Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990 (Karnataka) - Section 4 - Appeal against High Court judgment which refused to interfere with order terminating services of appellant after finding that she does not belong to the Scheduled Tribe community to which she applied and was given appointment - Disposed of - To allow an usurper to continue being a palpable illegality and a constitutional sin, in the context, action by the competent authority terminating the services is perfectly valid - However, amounts sought to be recovered shall not be recovered from the appellant. 2022 LiveLaw (SC) 237

Service Law - Appeal against High Court judgment setting aside punishment of dismissal awarded by appellate authority and restoring lesser punishment awarded by disciplinary authority - Partly allowed - Punishment of dismissal imposed by the Appellate Authority was not grossly disproportionate to the quantum of the offence. 2022 LiveLaw (SC) 244

Service Law - Promotion - Seniority cum merit - A marred service record, though not an insurmountable bar, must carry some consequences, and it could be a comparative disadvantage in promotion for a selection post. The employer's preference for a person with a clean service record can be well appreciated - Despite the difficulty in encapsulating the parameters for 'merit', a significant marker can be found in the unblemished record of the employee. (Para 25) 2022 LiveLaw (SC) 236

Service Law - Promotion - Seniority cum merit - Appeal against High Court judgment that set aside resolution of Cantonment Board in favour of appellant in the matter of promotion to a selection post - Allowed - The unblemished service record of the appellant vis-à-vis the pending disciplinary proceedings against the respondent (eventually resulting in penalty), were taken into account - The higher pay in the same grade as per the applicable O.M., is a reliable indicator for determining inter-se seniority - All these circumstances in our opinion, weigh in favour of the appellant Rama Negi. 2022 LiveLaw (SC) 236

Service Law - Promotion - Seniority cum merit - Parameters for determining promotion discussed - The totality of the service of the employee has to be considered for promotion on the basis of seniority-cum-merit. (Para 19-20) 2022 LiveLaw (SC) 236

Specific Relief Act, 1963 - Section 38 - Suit for Permanent Injunction - Injunction may be granted even against the true owner of the property, only when the person seeking the relief is in lawful possession and enjoyment of the property and also legally entitled to be in possession, not to disposes him, except in due process of law. (Para 11.1) 2022 LiveLaw (SC) 241

Specific Relief Act, 1963 - Section 38 - Suit for Permanent Injunction - Appeal against High Court judgment which dismissed second appeal to uphold Trial Court judgment which granted relief of permanent injunction while declining to grant the declaratory relief - Allowed - After having held that the plaintiff had no title and after dismissing the suit qua the cancellation of the registered sale deed and the declaration, the plaintiff is not entitled to relief of permanent injunction against defendant, the true owner. 2022 LiveLaw (SC) 241

Specific Relief Act, 1963 - Section 38 - Suit Permanent Injunction - Once the suit is held to be barred by limitation qua the declaratory relief and when the relief for permanent injunction was a consequential relief, the prayer for permanent injunction, which was a consequential relief can also be said to be barred by limitation. (Para 8.3) 2022 LiveLaw (SC) 241

UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010 (now UGC Regulations, 2018) - Sardar Patel University Act, 1955 - Any appointment as a Vice Chancellor contrary to the provisions of the UGC Regulations can be said to be in violation of the statutory provisions - Hope and trust that wiser counsel will now prevail and the State Government shall amend the State legislation accordingly on par with the UGC Regulations. (Para 16) 2022 LiveLaw (SC) 242

University - Writ petition seeking to quash appointment of respondent as Vice Chancellor of Sardar Patel University - Allowed - The appointment of respondent found to be contrary to the UGC Regulations, 2018 and the UGC Regulations are having the statutory force- Fit case to issue a writ of quo warranto and to quash and set aside the appointment of respondent as the Vice Chancellor of the SP University. 2022 LiveLaw (SC) 242

University Act, 1955 (Sardar Patel); Section 9 - Governor of Gujarat is the Chancellor of the University and he shall, by virtue of his office, be the head of the University and the President of the Senate. Therefore, even as the head of the University, his advice was/is binding upon the University. (Para 13.4) 2022 LiveLaw (SC) 242

University Vice Chancellor - Appointment and Selection - Prescribing the eligibility criteria shall not be left to the sweet will of the search committee. It may lead to arbitrariness and different search committees in absence of any statutory guidelines and/or prescription, may prescribe different eligibility criteria - While academic qualifications, administrative experience, research credentials and track record could be considered as basic eligibility requirements, the greater qualities of a Vice Chancellor would be one who is a true leader and a passionate visionary - Commitment to the quality and the objectives of the universities in particular and higher education system in general, are of course the deciding factors in selecting the right person. (Para 17.2) 2022 LiveLaw (SC) 242

Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Uttar Pradesh) - Section 21(1)(a) - Ground of bona fide requirement does not strictly require the landlord to be "unemployed" to maintain an action. All that the provision contemplates is that the requirement so pleaded by the landlord must be bona fide. 2022 LiveLaw (SC) 239

Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Uttar Pradesh) - Appeal against High Court which held that appellant-landlord could not maintain an application under Section 21(1)(a) since the son for whose benefit the release was sought is not unemployed - Allowed - It may be that the son of the appellant was having some income but that by itself would not disentitle him from claiming release of the premises on the ground of bona fide need. 2022 LiveLaw (SC) 239

Words and phrases - Due process of law - meaning discussed. (Para 12) 2022 LiveLaw (SC) 241

Words and Phrases - Void and Voidable - discussed. (Para 8, 9) 2022 LiveLaw (SC) 237

Nominal Index

1. Abdul Vahab v. State of Madhya Pradesh, 2022 LiveLaw (SC) 243
2. Amritlal v. Shantilal Soni, 2022 LiveLaw (SC) 248
3. Binay Kumar Dalei v. State of Odisha, 2022 LiveLaw (SC) 233
4. Darshan Kaur Bhatia v. Ramesh Gandhi, 2022 LiveLaw (SC) 246
5. Esteem Properties Pvt. Ltd. v. Chetan Kamble, 2022 LiveLaw (SC) 226
6. Gambhirdhan K Gadhvi v. State of Gujarat, 2022 LiveLaw (SC) 242
7. Harish Kumar v. Pankaj Kumar Garg, 2022 LiveLaw (SC) 239
8. Jameel Ahmad v. Mohammed Umair Mohammad Haroon, 2022 LiveLaw (SC) 222
9. Jayashree v. Director Collegiate Education, 2022 LiveLaw (SC) 237
10. Karan Singh v. State of Uttar Pradesh, 2022 LiveLaw (SC) 234
11. Lingeswaran v. Thirunagalingam, 2022 LiveLaw (SC) 227
12. Loop Telecom and Trading Ltd. v. Union of India, 2022 LiveLaw (SC) 238
13. Luckose Zachariah @ Zak Nedumchira Luke v. Joseph Joseph, 2022 LiveLaw (SC) 230
14. Municipal Corporation Gondia v. Divi Works & Suppliers HUF, 2022 LiveLaw (SC) 225
15. N. Rajendran v. S. Valli, 2022 LiveLaw (SC) 224
16. Nandu Singh v. State of Madhya Pradesh, 2022 LiveLaw (SC) 229
17. Narendra Singh @ Mukesh @ Bhura v. State of Rajasthan, 2022 LiveLaw (SC) 247
18. Padhiyar Prahladji Chenaji v. Maniben Jagmalbhai, 2022 LiveLaw (SC) 241
19. Priyashi Aashi Developers Pvt. Ltd. v. Mitrajyoti Deka, 2022 LiveLaw (SC) 231
20. Rakesh Kumar v. State of Bihar, 2022 LiveLaw (SC) 250
21. Rama Negi v. Union of India, 2022 LiveLaw (SC) 236
22. State of Orissa v. Utkal Distilleries Ltd; 2022 LiveLaw (SC) 240
23. State of Punjab v. Mehar Din, 2022 LiveLaw (SC) 235
24. State of Uttar Pradesh v. Prem Kumar Shukla, 2022 LiveLaw (SC) 249
25. Sukhdev Singh v. State of Punjab, 2022 LiveLaw (SC) 245
26. Surjeet Singh Sahni v. State of U.P., 2022 LiveLaw (SC) 232
27. Tulesh Kumar Sahu v. State of Chattisgarh, 2022 LiveLaw (SC) 228
28. Union of India v. Managobinda Samantaray, 2022 LiveLaw (SC) 244
29. Vikram Singh v. Shyoji Ram, 2022 LiveLaw (SC) 223