Supreme Court Weekly Round-Up

Doctrine Of Notional Extension Of Employment Applies When Accident Occurred While Deceased Workman Was In Workplace Not By His Own Choice [Leela Bai & Anr V. Seema Chouhan & Anr] Applying the 'doctrine of notional extension of the employment', the Supreme Court ordered employers to pay compensation to the legal heirs of a bus driver who had died in an accident while he was coming down the roof of the bus after having his meals Undivided Share In Joint Family Can Be Disposed By Will As Per Sec.30 Hindu Succession Act [Radhamma and others v Muddukrishna and others] The undivided interest of a Hindu in a joint family property can be disposed of by Will as per Section 30 of the Hindu Succession Act 1956, held the Supreme Court while dismissing appeals from a partition suit. The apex court further observed that rule against disposition of undivided coparcenary interest was relaxed by Section 30. The provision is an exemption to the general rule that the interest of a Male Hindu in joint family property will devolve by survivorship upon the surviving members of the coparcenary after his death. Child Born Out Of Marriage Between Muslim Man And A Hindu Woman Entitled To Claim His Father's Property [Mohammed Salim & Ors. V. Shamsudeen & Ors.] In an important judgment, the Supreme Court held that a child born out of a marriage between a Muslim man and his Hindu wife is entitled to claim a share in his father's property. The bench comprising of Justice NV Ramana and Justice Mohan M. Shantanagoudar also observed that the marriage of a Muslim man with an idolater or fire-worshipper is neither a valid (sahih) nor a void (batil) marriage, but is merely an irregular (fasid) marriage. Mere Delay In Passing The Award By Itself Cannot Be The Ground To Appoint Another Arbitrator [Rajasthan Small Industries Corporation Limited V. M/s Ganesh Containers Movers Syndcate] The Supreme Court observed that mere neglect of an arbitrator to act or delay in passing the award by itself cannot be the ground to appoint another arbitrator in deviation from the terms agreed to by the parties. The bench comprising of Justice R. Banumathi and Justice Indira Banerjee held thus while considering appeal against Rajasthan High Court order appointing a retired District Judge as the sole arbitrator to resolve the dispute between the parties, by allowing application under Section 11 and Section 15 of the Arbitration and Conciliation Act, 1996, filed by contractor. Introduction Of Unit Area Method System Through NDMC Bye-laws Invalid [New Delhi Municipal Council V. Association of Concerned Citizens of New Deli and Others] The Supreme Court upheld the Delhi High Court judgment that quashed the NDMC (Determination of Annual Rent) Bye-laws, 2009, that had introduced the system of Unit Area Method (UAM) for assessing property tax, on the ground that it is ultra vires the provisions of New Delhi Municipal Council Act. Writ Under Article 32 Not Maintainable For Enforcement Of Personal Contractual Rights [Ramesh Sanka V. Unoion of Inda] The Supreme Court held that employees cannot be granted a writ under Article 32 of the Constitution of India for claiming enforcement of any personal contractual rights against their employers. The bench comprising Justice Abhay Manohar Sapre and Justice R. Subhash Reddy ruled, "Even otherwise, no writ lies under Article 32 of the Constitution at the instance of any employee or the employer for claiming enforcement of any personal contractual rights inter se the employee and his employer." [S.300 Murder- Exception-I] Deceased Termed His Wife And Daughter 'Prostitutes': SC Finds It Sufficient 'Grave And Sudden Provocation' [Nawaz V. State] The Supreme Court modified the conviction of a woman accused of murdering her husband to 'culpable homicide not amounting to murder' on the ground that it was a result of a sudden and grave provocation by him by calling her and their daughter 'prostitutes'. CIRP Under IBC Can Continue Independent Of Winding Up Petition Pending In High Court [Forech India Ltd vs Edelweiss Asset Reconstruction Co.Ltd] Corporate Insolvency Resolution Process(CIRP) under the Insolvency and Bankruptcy Code (IBC) can continue independent of any pending winding up process against the corporate debtor pending in the High Court under the Companies Act, held the Supreme Court in a judgment delivered on January 22 by a bench of Justice R F Nariman and Navin Sinha. Stipulating 50% Disability Limit In Hearing Impairment Or Visual Impairment For Post Of Judicial Officer Legitimate [V. Surendra Mohan V. State of Tamil Nadu] The Supreme Court held that stipulating a limit of 50% disability in hearing impairment or visual impairment as a condition to be eligible for the post of a judicial officer is a legitimate restriction. The bench comprising Justice Ashok Bhushan and Justice KM Joseph observed thus while dismissing the appeal filed...

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