4 March 2019 3:08 AM GMT
EPF Contribution Payable On 'Basic Wages' Camouflaged As Allowances [The Regional Provident Fund Commissioner (II) WB V. Vivekananda Vidyamandir] The Supreme Court held that, in order that the amount goes beyond the 'basic wages' for the purposes of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, it has to be shown by the employer that the workman concerned...
EPF Contribution Payable On 'Basic Wages' Camouflaged As Allowances [The Regional Provident Fund Commissioner (II) WB V. Vivekananda Vidyamandir]
The Supreme Court held that, in order that the amount goes beyond the 'basic wages' for the purposes of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, it has to be shown by the employer that the workman concerned had become eligible to get this extra amount beyond the normal work which he was otherwise required to put in.
Deduction Under Section 80HH Income Tax Act Should Be From 'Gross Profits & Gains' Instead Of 'Net Income' [M/S Vijay Industries V. Commissioner of IT]
A three judges' bench of the Supreme Court held that deduction under Section 80HH of the Income Tax Act 1961 should be based on gross profits and income instead of the net income from profits and gains computed as per Sections 28 to 44B of the Act.
Claim Under Section 70 Contract Act Cannot Be Raised When Parties Are Governed By Contract [MTNL V. Tata Telecommunications Ltd.]
The Supreme Court bench of Justices R F Nariman and Vineet Saran explained that claim of quantum meruit under Section 70 of the Indian Contract Act cannot be raised when parties are otherwise governed by contract. This is because Section 70 occurs in Chapter V of the Contract Act which deals with "certain relations resembling those created by contract". Section 70 deals with obligation of a person enjoying benefit of a non-gratuitous act to compensate the person giving the benefit.
Sale Of Minor's Property By Guardian Can Be Avoided Only By Filing Suit To Set Aside Deed Within Period Under Art.60 Limitation Act [Murugan V. KesavaGounder]
The Supreme Court held that a sale of minor's property by guardian can be avoided only by filing a suit to set aside the deed within the period of limitation prescribed under Article 60 of the Limitation Act, which is three years from the date of attaining majority by the minor.
The Difference Between In Country Adoption And Inter-Country Adoption Cannot Be Lost Sight Of [Union of India V. Ankur Gupta]
The Supreme Court observed that even if the common seniority list has to be utilised for the purpose of in country adoption and inter-country adoption, the difference between in country adoption and inter-country adoption cannot be lost sight of or given a go by.
Confession Recorded Under TADA Not Admissible In The Trial For Offence Under Other Enactments [State of Gujarat V. Anwar Osman Sumbhaniya]
The Supreme Court held that the confessional statement of the accused recorded under the provisions of TADA would not be admissible against the accused in the trial for offences under other enactments, especially when the Designated Court could not have taken cognizance of the offence under TADA for lack of a valid sanction.
A Person Added As Accused U/s 319 CrPC Can Be Tried Only For An Offence In Respect Of Which All The Accused Could Be Tried Together [Sunil Kumar Gupta V. State of UP]
The Supreme Court observed that, though under Section 319 of the Code of Criminal Procedure, a person can be added as an accused not only for the same offence for which the accused is tried but for "any offence"; but that offence shall be such that in respect of which all the accused could be tried together.
The Poems Written By A Death Convict Helped Him To Save From The Gallows [Dhyaneshwar Suresh Borkar V. State of Maharshtra]
The Supreme Court commuted death penalty of a kidnap cum murder convict, who was just 22 years of age at the time of occurrence. The bench comprising of Justice AK Sikri, Justice S. Abdul Nazeer and Justice MR Shah, particularly took note of the poems written by Dnyaneshwar while he was in jail and observed that these poems show that he has realised his mistake and has reformed.
State Cannot Prohibit Transportation Of Legally Excavated Sand Beyond Its Borders [State of Gujarat V. JayeshbhaiKanjibhaiKalathiya]
The Supreme Court held that it is constitutionally impermissible for a state to restrict the movement of the sand legally excavated within the territory of India. The bench comprising Justice AK Sikri, Justice S. Abdul Nazeer and Justice MR Shah upheld the Gujarat High Court judgment that had struck down the Rules brought in by the State of Gujarat prohibiting the movement of sand beyond the border of the State.
Subsequent Acquittal Won't Help: SC Dismisses Plea Of 'Lawyer' Whose Enrollment Was Cancelled For Suppressing Facts About Criminal Case [Anand Kumar Sharma V. BCI]
The Supreme Court dismissed the appeal of a man who was not allowed to enroll as a lawyer on the ground that his earlier enrolment was cancelled for suppression of facts and relevant material. Anand Kumar Sharma, who got enrolled as an advocate in the Bar Council of Himachal Pradesh in July, 1988, was removed from the rolls, on the ground that he suppressed the fact that he was in Government service in the State of Himachal Pradesh and also about his involvement in a criminal case.
HC Can Consider Review petition Though SC Dismissed SLP In Limine [Khoday Distilleries Ltd vs. Sri Mahadeshwara Sahakara Sakkare Karkhane Ltd.]
The Supreme Court held that a review petition is maintainable before the High Court seeking review of its judgment against which the special leave petition was dismissed in limine. The bench comprising Justice AK Sikri, Justice S. Abdul Nazeer and Justice MR Shah observed that it will not make any difference whether the review petition was filed before the filing of special leave petition or was filed after the dismissal of special leave petition.
Inadvertent Mistakes In The Plaint Cannot Be Refused To Be Corrected [Varun Pahwa vs. Renu Chaudhary]
The Supreme Court observed that inadvertent mistake made in the plaint cannot be refused to be corrected when the mistake is apparent from the reading of the plaint Amendment that was sought in this case was simple. In the plaint, the Plaintiff was described as Varun Pahwa through Director of Siddharth Garments Pvt. Ltd. though it should have been Siddharth Garments Pvt. Ltd. through its Director Varun Pahwa.
Civil Suit In Relation To Land Which Is Subject To Ceiling Proceedings Under Urban Land Ceiling Act Not Maintainable [The Competent Authority, Calcutta V. David Mantosh]
The Supreme Courtheld that a Civil Court has no jurisdiction to try the civil suit in relation to the land which is subject to ceiling proceedings under Urban Land Ceiling Act. The bench comprising Justice Abhay Manohar Sapre and Justice Indu Malhotra also observed that Civil Court have the jurisdiction to declare the proceedings held under the Act, as void or illegal or non est, since it was impliedly excluded and barred under the Act.
Concession Made By Lawyer On Mixed Question Of Fact And Law Cannot Preclude Client From Reagitating The Point In Appeal [Bharat Heavy Electricals Ltd. vs. Mahendra Prasad Jakhmola]
The Supreme Court observed that, a concession made by a lawyer or his authorised representative on a question is a mixed question of fact and law at the stage of arguments cannot preclude the party for whom such person appears from re-agitating the point in appeal.
Prosecution Under Customs Act Not Barred In Regard To Antiquities Or Art Treasures [Dept. Of Customs V. Sharad Gandhi]
The Supreme Courtheld that the prosecution under Sections 132 and 135(1)(a) of the Customs Act, 1962, is not barred in regard to the antiquities or art treasures.The bench comprising Justice Ashok Bhushan and Justice KM Joseph, referring to provisions of both the enactments and explained the inter play between Customs Act, 1962 and Antiquities and Art Treasures Act, 1972 as follows:
Patna HC Upheld A Conviction That Wasn't: SC Remands Case For Re-Hearing [Deep Narayan Chourasia V. State of Bihar]
The Supreme Courtset aside a Patna High Court judgment that upheld a conviction that wasn't.While setting aside the High Court order qua all the accused, the bench observed: "It is a fundamental principle of law that an illegality committed by a Court cannot be allowed to be perpetuated against a person to a Lis merely because he did not bring such illegality to the notice of the Court and instead other person similarly placed in the Lis brought such illegality to the Court's notice and succeed in his challenge"
Seniority Should Not Be Ignored In Appointment Of Army Commanders [Lt. Gen Ravi Dastane V. Union of India]
The Supreme Court observed that though the appointment of an Army Commander is made by selection, the criterion of seniority should not be ignored. The bench comprising Justice DY Chandrachud and Justice Hemant Gupta observed thus while dismissing an appeal filed by Lieutenant General Ravi Dastane against the order of Armed Forces Tribunal which rejected his challenge to the selection of Lieutenant General Dalbir Singh, GOC-in-C, Eastern Command and Lieutenant General Sanjiv Chachra, GOC-in-C, Northern Command as Army Commanders.
Teachers Appointed In Self Financing Colleges Under MG University Are Permanent Teachers Of University [Abdul Hakeem V. MG University]
The Supreme Court held that teachers appointed in self-financing engineering colleges under Mahatma Gandhi University are entitled to same payscale and benefits as permanent teachers of the University.
'Wrong Diagnosis' Does Not Amount To Medical Negligence [Vinod Jain V. Santokba Durlabhji Memorial Hospital]
The Supreme Court dismissed the appeal filed by a man against order of National Consumer Disputes Redressal Commission which dismissed his complaint alleging medical negligence on the part of a hospital in the death of his wife. We have sympathy for the appellant, but sympathy cannot translate into a legal remedy, said the bench comprising of Justice L. Nageswara Rao and Justice Sanjay KishanKaul while upholding the NCDRC order which had held that the case 'would at best be a case of wrong diagnosis, if that; it certainly cannot be called medical negligence'.
SC Answers Reference On Scope Of Discretion To Impose Penalty Under SEBI Act [Adjudicating Officer, SEBI V. Bhavesh Pabari]
A three judges' bench of the Supreme Court headed by Chief Justice of India Ranjan Gogoi answered a reference on the scope of discretion of adjudicating authority under Section 15J of the Securities and Exchange Board of India Act 1992 in relation to imposition of penalties.
Participation Of Public In Daily Temple Rituals Is An Important Factor To Determine Private/Public Character Of The Temple [Shri Ram Mandir Indore V. State of Madhya Pradesh]
The Supreme Court observed that the participation of the members of the public in the Darshan in the temple and in the daily acts of worship or in the celebrations is one of the important factors to consider in determining the public/private character of the temple.
Other important orders and proceedings
Lady Lawyer's Plea Alleging Police Harassment: SC Directs Police To Look Into The Matter