Complete Supreme Court Yearly Digest Part-12 [Last Part]

Tax on Paper Lotteries

Tax on Paper Lotteries Act, 2005 (Kerala) - Tax on Lotteries Act, 2004 (Karnataka) - Constitutional Validity upheld - Karnataka and Kerala State Legislatures possessed legislative competence to enact such Acts. (Para 124) State of Karnataka v. State of Meghalaya, 2022 LiveLaw (SC) 309 : 2022 (5) SCALE 262

Telegraph Act, 1885

Telegraph Act, 1885 - Section 7B - Existence of an arbitral remedy under the Indian Telegraph Act, 1885, will not oust the jurisdiction of the consumer forum - It would be open to a consumer to opt for the remedy of arbitration, but there is no compulsion in law to do so and it would be open to a consumer to seek recourse to the remedies which are provided under the Act of 1986, now replaced by the Act of 2019. (Para 16, 20) Vodafone Idea Cellular Ltd. v. Ajay Kumar Agarwal, 2022 LiveLaw (SC) 221 : (2022) 6 SCC 496

Tenancy

Tenancy - In a revision / appeal preferred by the tenant, who has suffered an eviction decree, the appellate / revisional court while staying the eviction decree can direct the tenant to pay the compensation for use and occupation of the tenancy premises upon the contractual rate of rent and such compensation for use and occupation of the premises would be at the same rate at which the landlord would have been able to let out the premises and earn rent if the tenant would have vacated the premises. Sumer Corporation v. Vijay Anant Gangan, 2022 LiveLaw (SC) 936 : AIR 2022 SC 5756

Tenancy & Rent Control Law - Mesne Profits - After passing the decree of eviction the tenancy terminates and from the said date the landlord is entitled for mesne profits or compensation depriving him from the use of the premises - Once a decree for possession has been passed and the execution is delayed depriving the decree holder to reap the fruits, it is necessary for the Appellate Court to pass appropriate orders fixing reasonable mesne profits which may be equivalent to the market rent required to be paid by a person who is holding over the property -Appellate Court does have jurisdiction to put reasonable terms and conditions as would in its opinion reasonable to compensate the decree holder for loss occasioned by delay in execution of the decree while granting the stay. M/s. Martin & Harris Pvt. Ltd v. Rajendra Mehta, 2022 LiveLaw (SC) 568 : AIR 2022 SC 3287 : (2022) 8 SCC 527

Tenancy Act, 1955 (Rajasthan); Section 42 - A Scheduled Caste belonging to State of Punjab as an ordinarily and permanent resident of the State of Punjab cannot claim the benefit of a Scheduled Caste in the State of Rajasthan for the purpose of purchase of the land belonging to a Scheduled Caste person of State of Rajasthan, which was given to original allottee as Scheduled Caste landless person. Bhadar Ram v. Jassa Ram, 2022 LiveLaw (SC) 10 : AIR 2022 SC 322 : (2022) 4 SCC 259

Tender

Tender - A company submitted bids for a tender floated for Diesel Locomotive Work. The company argued that since the HSN for GST rate was not mentioned in the tender document, it wrongly added 18% GST in its bid, and lost out to other bidders who included 5% GST - The company appraoched the High Court which directed that HSN code should be mentioned to ensure a "level playing field" - Supreme Court reversed the High Court's view. Union of India v. Bharat Forge Ltd., 2022 LiveLaw (SC) 691 : AIR 2022 SC 3821

Tender - Owner should always have the freedom to provide the eligibility criteria and/or the terms and conditions of the bid unless it is found to be arbitrary, mala fide and/or tailor made. The bidder/tenderer cannot be permitted to challenge the bid condition/clause which might not suit him and/or convenient to him- It is an offer to the prospective bidder/tenderer to compete and submit the tender considering the terms and conditions mentioned in the tender document. Balaji Ventures Pvt. Ltd. v. Maharashtra State Power Generation Company Ltd., 2022 LiveLaw (SC) 295

Tender - SLP challenging High Court order dismissing the writ petition challenging a tender condition - Dismissed - The clause cannot be said to be arbitrary, mala fide and/or tailor made and the same shall be applicable to all the bidders/tenderers and there is justification also shown providing such a clause. Balaji Ventures Pvt. Ltd. v. Maharashtra State Power Generation Company Ltd., 2022 LiveLaw (SC) 295

Torts

Torts - Civil Defamation - Indian Succession Act, 1925 – Section 306 –Penal Code, 1860 - Section 499 - Defamation - Section 306 of the Indian Succession Act which speaks of the rights of administrators and executors of the estate of the deceased, does not bar family members and near relatives covered by Section 499 of the Indian Penal Code from seeking injunction - A right in tort may arise when any imputation concerning a deceased person harms the reputation of that person, if living or is intended to be hurtful to the feelings of his family members or other near relatives. (Para 19) Shri Babuji Rawji Shah v. S. Hussain Zaidi, 2022 LiveLaw (SC) 213 : 2022 (4) SCALE 440

Torts - Defamation - Mere hurting of sensibility is not defamation, if the person said to be defamed is not lowered in character or credit in the eyes of others. (Para 22) Shri Babuji Rawji Shah v. S. Hussain Zaidi, 2022 LiveLaw (SC) 213 : 2022 (4) SCALE 440

Torts - For an actionable tort, there has to be a wrongful act, and damage or loss or inconvenience or annoyance caused to another, by reason of the wrongful act. Annoyance or inconvenience or loss alone does not give right to a legal action. The question of what constitutes nuisance is a question which the Court has to determine. The Court has first to ascertain what is the legal duty of which there has been breach. The right to an injunction depends on the legal right and this must be determined before any relief can be granted by the Court. (Para 15) Shri Babuji Rawji Shah v. S. Hussain Zaidi, 2022 LiveLaw (SC) 213 : 2022 (4) SCALE 440

Trade Marks Act, 1999

Trade Marks Act, 1999 - Action for infringement - Once it is found that the defendant’s trademark was identical with the plaintiff’s registered trademark, the Court could not have gone into an enquiry whether the infringement is such as is likely to deceive or cause confusion. In an infringement action, an injunction would be issued as soon as it is proved that the defendant is improperly using the trademark of the plaintiff. (Para 54) Renaissance Hotel Holding Inc v. B. Vijaya Sai, 2022 LiveLaw (SC) 65 : (2022) 5 SCC 1

Trade Marks Act, 1999 ; Section 30(1) - To get the benefit of sub section (1) of Section 30 of the said Act, both the conditions had to be fulfilled. Unless it is established that such a use is in accordance with the honest practices in industrial or commercial matters, and is not to take unfair advantage or is not detrimental to the distinctive character or repute of the trade mark, one could not get benefit under Section 30(1) of the said Act. (Para 59) Renaissance Hotel Holding Inc v. B. Vijaya Sai, 2022 LiveLaw (SC) 65 : (2022) 5 SCC 1

Transfer Guidelines

Transfer Guidelines - Policy of the High Court of Madhya Pradesh - Transfer Policy may not be enforceable in law, but when the Transfer Policy has been framed by the MP High Court for administration of the District Judiciary, every Judicial Officer will have a legitimate expectation that such a Policy should be given due weightage, when the cases of Judicial Officers for transfer are being considered. (Para 41) Ms. X v. Registrar General, 2022 LiveLaw (SC) 150 : 2022 (3) SCALE 99

Transfer of Property Act, 1882

Code of Civil Procedure, 1908; Section 2(12) - Transfer of Property Act, 1882; Section 111(a) - Tenant while continuing in possession after the expiry of the lease liable to pay mesne profits - A tenant at sufferance is not a tenant by holding over. While a tenant at sufferance cannot be forcibly dispossessed, that does not detract from the possession of the erstwhile tenant turning unlawful on the expiry of the lease. (Para 60) Indian Oil Corporation Ltd. v. Sudera Realty Pvt. Ltd., 2022 LiveLaw (SC) 744 : AIR 2022 SC 5077

Transfer of Property Act, 1882 - Agreement to Sell - Agreement to Sell by itself does not confer any right, title, or interest. (Para 7) Delhi Development Authority v. Damini Wadhwa, 2022 LiveLaw (SC) 913 : AIR 2022 SC 5489

Transfer of Property Act, 1882 - In a suit for ejectment filed by the landlord the material questions would be whether there was jural relationship of landlord – tenant between the parties and whether tenancy was validly terminated. (Para 8) K.M. Manjunath v. Erappa G., 2022 LiveLaw (SC) 561

Transfer of Property Act, 1882; Section 106, 111(a) - On determination of the lease by efflux of time no further termination of the tenancy by issuing a statutory notice to bring termination of a lease already terminated is necessary. K.M. Manjunath v. Erappa G., 2022 LiveLaw (SC) 561

Transfer of Property Act, 1882; Section 111 - Mere acceptance of the rent by the landlord after the expiry of the period of lease would not amount to waiver of the termination of lease. K.M. Manjunath v. Erappa G., 2022 LiveLaw (SC) 561

Transfer of Property Act, 1882; Section 122 - Gift - If the donor is making a gift out of his own free will and volition and is the exclusive owner of the properties, it is nobody’s concern as to whom he gives the properties to - It is time that the Courts get out of this mindset, or possibly may have got out of this mindset by now on passing value judgments on relationships between parties in determining either a testamentary or non-testamentary disposition so long as the document executed is found to be validly executed. Mohinder Singh v. Mal Singh, 2022 LiveLaw (SC) 299

Transfer of Property Act, 1882; Section 122 and 123 - Gift - Voluntariness and animus necessary for the execution of a valid gift deed - One who bargains in the matter of advantage with a person who places confidence in him is bound to show that a proper and reasonable use has been made of that confidence. The burden of establishing perfect fairness, adequacy and equity is cast upon the person in whom the confidence has been reposed. Therefore, in cases of fiduciary relationships when validity of the transaction is in question it is relevant to see whether the person conferring the benefit on the other had competent and independent advice. (Para 9) Keshav v. Gian Chand, 2022 LiveLaw (SC) 82 : AIR 2022 SC 678

Transfer of Property Act, 1882; Section 122 and 123 - The question whether a person was in a position to dominate the will of the other and procure a certain deed by undue influence is a question of fact, and a finding thereon is a finding of fact, and if arrived at fairly in accordance with the procedure prescribed, it is not liable to be reopened in second appeal. (Para 10) Keshav v. Gian Chand, 2022 LiveLaw (SC) 82 : AIR 2022 SC 678

Transfer of Property Act, 1882; Section 122 and 123 - When a person obtains any benefit from another, the court would call upon the person who wishes to maintain the right to gift to discharge the burden of proving that he exerted no influence for the purpose of obtaining the document-Corollary to this principle finds recognition in sub-section (3) to Section 16 of the Indian Contract Act, 1872 which relates to pardanashin ladies. The courts can apply this principle to old, illiterate, ailing or infirm persons who may be unable to comprehend the nature of document or contents thereof. (Para 9) Keshav v. Gian Chand, 2022 LiveLaw (SC) 82 : AIR 2022 SC 678

Transfer of Property Act, 1882; Section 53A - Code of Civil Procedure, 1908 ; Order VII Rule 11 - Suit seeking reliefs of declaration and permanent injunction invoking Section 53A - Whether the plaintiffs shall be entitled to any relief under Section 53A or not has to be considered at the time of trial, but at this stage it cannot be said that the suit for the relief sought under Section 53A would not be maintainable at all and therefore the plaint is liable to be rejected in exercise of powers under Order VII Rule 11 CPC. (Para 7.4) Biswanath Banik v. Sulanga Bose, 2022 LiveLaw (SC) 280 : AIR 2022 SC 1519 : (2022) 7 SCC 731

Transfer of Property Act, 1882; Section 53A - Code of Civil Procedure, 1908 ; Order VII Rule 11 - Appeal against judgment of Calcutta High Court which rejected the plaint under Order VII Rule 11 CPC mainly on the ground that the suit is barred by limitation and that a suit for a declaration simpliciter under Section 53A of the Transfer of Property Act would not be maintainable as against the actual owner - Allowed - High Court has not considered the entire plaint averments - The plaintiffs have also prayed for the decree for a permanent injunction claiming to be in possession and the declaration and permanent injunction as such invoking Section 53A of the Transfer of Property Act. When the suit is for a decree of permanent injunction and it is averred that the plaintiffs are in possession of the suit property pursuant to the agreement and thereafter, they have developed the land and that they are in continuous possession since more than twelve years and they are also paying taxes to the Corporation, the cause of action can be said to have arisen on the date on which the possession is sought to be disturbed. If that be so, the suit for decree for permanent injunction cannot be said to be barred by limitation. Biswanath Banik v. Sulanga Bose, 2022 LiveLaw (SC) 280 : AIR 2022 SC 1519 : (2022) 7 SCC 731

Transfer of Property Act, 1882; Section 62 - Usufructuary Mortgage - Once a usufructuary mortgage is created, the mortgagor has a right to redeem the mortgage at any point of time on the principle that once a mortgage always a mortgage. Harminder Singh v. Surjit Kaur, 2022 LiveLaw (SC) 421

Transgender

Transgender Persons (Protection of Rights) Act 2019 - It is necessary for the Central Government, in consultation with the National Council, to devise a policy framework in terms of which reasonable accommodation can be provided for transgender persons in seeking recourse to avenues of employment in establishments covered by the provisions of the 2019 Act.The provisions of the 2019 Act need to be implemented in letter and spirit by formulating appropriate policies. The Union Government must take the lead in this behalf and provide clear guidance and enforceable standards to all other entities, including, those of the Union Government, State Governments and establishments governed by the 2019 Act. (Para 8) Shanavi P onnusamy v. Ministry of Civil Aviation, 2022 LiveLaw (SC) 779

Transgender Rights - Transgender persons routinely face multiple forms of oppression, social exclusion and discrimination, especially in the field of healthcare, employment and education. Gender diverse persons, including transgender persons, continue to face barriers in accessing equal employment opportunities, especially in the formal sector, due to the operation of gender stereotypes. Gender stereotypes in the workplace disproportionately impact transgender persons for not subscribing to societal norms about appropriate 'feminine' and 'masculine' appearances and mannerisms. (Para 7) Shanavi P onnusamy v. Ministry of Civil Aviation, 2022 LiveLaw (SC) 779

Transplantation of Human Organs and Tissues Act, 1994

Transplantation of Human Organs and Tissues Act, 1994 - The hospitals where the procedure of transplantation is undertaken are to be registered in terms of Section 14 of the Act 1994, but for postoperative care, particularly after the patient being discharged from the hospital where the procedure of transplantation has taken place, we have not come across any provision under the Act, 1994 where such hospitals are required to be registered under the Act 1994. (Para 35) Dr. Chanda Rani Akhouri v. Dr. M.A. Methusethupathi, 2022 LiveLaw (SC) 391 : 2022 (6) SCALE 546

Trial in cases of Sexual Harassment / Violence

Trial in cases of Sexual Harassment/Violence - The importance of courts dealing with complainants of sexual harassment and sexual assault in a sensitive manner reiterated- Guidelines: a. Allowing proceedings to be conducted in camera, where appropriate, either under Section 327 CrPC or when the case otherwise involves the aggrieved person (or other witness) testifying as to their experience of sexual harassment / violence; b. Allowing the installation of a screen to ensure that the aggrieved woman does not have to see the accused while testifying or in the alternative, directing the accused to leave the room while the aggrieved woman's testimony is being recorded; c. Ensuring that the counsel for the accused conducts the cross-examination of the aggrieved woman in a respectful fashion and without asking inappropriate questions, especially regarding the sexual history of the aggrieved woman. Cross-examination may also be conducted such that the counsel for the accused submits her questions to the court, who then poses them to the aggrieved woman; d. Completing cross-examination in one sitting, as far as possible. (Para 30-35) XYZ v. State of Maharashtra, 2022 LiveLaw (SC) 676 : AIR 2022 SC 3957

Tribunal

Tribunal Appointments - Court refuses to entertain the challenge made by the NCLT Bar Association against the Centre's 2019 notification fixing the term of members as 3 years, as the members themselves have not challenged the same-The issue in regard to the term of appointment being less than the term prescribed statutorily has only been raised towards the tail end of the tenure and by the Bar Association and not the Members themselves. Entertaining the submissions of the petitioner would incidentally lead the Court into an evaluation of the suitability, character and performance of individual Members in a petition to which they are not parties. Such an exercise would, in the circumstances, be wholly inappropriate - The Bar Association cannot have a choice in regard to who should be a Member of the Tribunal. (Para 22, 26) National Company Law Tribunal Bar Association v. Union of India, 2022 LiveLaw (SC) 665

Tribunal Reforms Act 2021 - All material must be placed in advance before the SCSC. It must be emphasized that the SCSC, which is chaired by a Judge of the Supreme Court also consists of two Secretaries of the Union Government. A comprehensive exercise is conducted by the Committee, inter alia, involving calling for inputs from the IB, verifying the record of each candidate and conducting personal interaction. Hence, all such inputs, as are available with the Government, must be placed before the SCSC in advance. In an exceptional situation, where certain material comes to light after the submission of the recommendations, that must also be drawn to the attention of the SCSC so as to enable it to consider whether any modification of its recommendations is necessary. (Para 12) Advocate Association Bengaluru v. Anoop Kumar Mendiratta, 2022 LiveLaw (SC) 524 : 2022 (9) SCALE 156

Tribunal Reforms Act 2021 - Centre must place subsequent materials collected about member recommended by the Search Cum Selection Committee before the SCSC - the candidates who are recommended by the SCSC are those who had been cleared by the IB after verifying their credentials, integrity, character and other relevant aspects. Evidently, many of the comments which are contained in the feedback column are of a subjective nature without any disclosure of underlying material. This would substantially detract from the fairness of the process. If, in an exceptional case, subsequent to the formulation and submission of recommendations of the SCSC, any tangible material comes to the knowledge of the competent authority, it is only proper and appropriate, as the Attorney General submits, that such material should be placed before the SCSC. We are in agreement with the submission of the Attorney General that as a general practice, all inputs bearing on the candidature of each prospective applicant under consideration, whether the inputs emanate from the IB or from any other source, ought to be placed by the Union Government on the record of the SCSC in advance, before the recommendations are formulated. (Para 12) Advocate Association Bengaluru v. Anoop Kumar Mendiratta, 2022 LiveLaw (SC) 524 : 2022 (9) SCALE 156

Tribunals - National Green Tribunal - Tribunals would be subordinate to the High Court insofar as the territorial jurisdiction of the High Court is concerned- The conflicting orders passed by the NGT and the High Court would lead to an anomalous situation, where the authorities would be faced with a difficulty as to which order they are required to follow. There can be no manner of doubt that in such a situation, it is the orders passed by the constitutional courts, which would be prevailing over the orders passed by the statutory tribunals. (Para 11) State of Andhra Pradesh v. Raghu Rama Krishna Raju Kanumuru (MP), 2022 LiveLaw (SC) 544 : AIR 2022 SC 2850

Trust

Trust - A Trust property cannot be alienated unless it is for the benefit of the Trust and/or its beneficiaries. The Trustees are not expected to deal with the Trust property, as if it is their private property. It is the legal obligation of the Trustees to administer the Trust and to give effect to the objects of the Trust. (Para 45) Khasgi (Devi Ahilyabai Holkar Charities) Trust Indore v. Vipin Dhanaitkar, 2022 LiveLaw (SC) 623

Trust - SC set aside the direction issued by MP HC for an investigation by the Economic Offences Wing (EOW) against the trustees of the Khasgi (Devi Ahilyabai Holkar Charities) Trust of Indore over alleged misappropriation of government properties - Madhya Pradesh Public Trusts Act 1951 will apply to the Khasgi trust and directed the trustees to get the Khasgi Trust registered under the Public Trusts Act by making the necessary application within a period of one month - Registrar under the Public Trusts Act, having jurisdiction over Khasgi Trust, to call for the record of the Trust relating to all the alienations made by the Trustees. Khasgi (Devi Ahilyabai Holkar Charities) Trust Indore v. Vipin Dhanaitkar, 2022 LiveLaw (SC) 623

Two Finger Test

Two Finger Test - The "two-finger test" or pre vaginum test must not be conducted - It has no scientific basis and neither proves nor disproves allegations of rape. It instead re-victimizes and re-traumatizes women who may have been sexually assaulted, and is an affront to their dignity - It is patriarchal and sexist to suggest that a woman cannot be believed when she states that she was raped, merely for the reason that she is sexually active - Referred to Lillu v. State of Haryana (2013) 14 SCC 643 - Directions issued to the Union Government as well as the State Governments - Ensure that the guidelines formulated by the Ministry of Health and Family Welfare are circulated to all government and private hospitals - Conduct workshops for health providers to communicate the appropriate procedure to be adopted while examining survivors of sexual assault and rape - Review the curriculum in medical schools with a view to ensuring that the "two-finger test" or per vaginum examination is not prescribed as one of the procedures to be adopted while examining survivors of sexual assault and rape. (Para 61-66) State of Jharkhand v. Shailendra Kumar Rai @ Pandav Rai, 2022 LiveLaw (SC) 890 : AIR 2022 SC 5393

U

University

University Grants Commission (UGC)

UGC (Minimum Qualifications for Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to It) Regulations, 2009 - National Eligibility Test (NET) as minimum stipulation for appointment as Lecturer in any university - candidates who had acquired their Ph.D. in compliance with the UGC (Minimum Standards and Procedure for Award of M. Phil / Ph.D. Degree) Regulations 2009 introduced on 01.06.2009, were exempt from qualifying in the NET. [Para No. 4] University of Kerala v. Merlin J.N., 2022 LiveLaw (SC) 680 : AIR 2022 SC 5041 : (2022) 9 SCC 389

UGC (Minimum Qualifications for Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to It) Regulations, 2010 - NET exemption for candidates who had acquired their Ph.D. degrees in accordance with the 2009 Ph.D. Regulations continued - batches of PhD holders who had been awarded their doctoral degrees prior to the cut-off date under the 2009 UGCR, suddenly became disentitled to claim exemption and were forced to appear and qualify in the NET to continue with employment - UGC decided to extend NET exemption to both pre-2019 and post 2009 PhD holders - Central Government did not agree - array of litigation followed - UGC amended Regulation in 2016 and 2018 to clarify both pre and post 2009 PhD holders are exempted from taking NET - intention to protect the pre-2009 Ph.D. holders, who may have been appointed in various universities and taught for many years, is abundantly clear from the language used in the amendments. [Para Nos. 6, 14, 17, 18] University of Kerala v. Merlin J.N., 2022 LiveLaw (SC) 680 : AIR 2022 SC 5041 : (2022) 9 SCC 389

UGC (Minimum Qualifications for Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to It) Regulations, 2016 - being a clarificatory amendment is retrospective in nature - language of the amended provisions also spells out retrospective application. [Para Nos. 18, 19, 23, 24] University of Kerala v. Merlin J.N., 2022 LiveLaw (SC) 680 : AIR 2022 SC 5041 : (2022) 9 SCC 389

UGC Regulations - Any appointment as a Vice Chancellor made on the recommendation of the Search Committee, which is constituted contrary to the provisions of the UGC Regulations shall be void ab initio. (Para 8.4) Professor (Dr.) Sreejith P.S. v. Dr. Rajasree M.S., 2022 LiveLaw (SC) 871

UGC Regulations - Appointment of the Vice Chancellor by the State government has to be as per the UGC Regulations and any appointment of Vice Chancellor in violation of the UGC Regulations shall be void ab initio. (Para 8.3) Professor (Dr.) Sreejith P.S. v. Dr. Rajasree M.S., 2022 LiveLaw (SC) 871

UGC Regulations - Appointment of Vice Chancellor must be as per the UGC Regulations, even if they have not been specifically adopted by the State- In case of any conflict between the State legislation and the Central legislation, the Central legislation, i.e., the applicable UGC Regulations shall prevail by applying the principle of repugnancy under Article 254 of the Constitution as the subject "education" is contained in the Concurrent List of Schedule VII of the Constitution. (Para 8, 8.4) Professor (Dr.) Sreejith P.S. v. Dr. Rajasree M.S., 2022 LiveLaw (SC) 871

UGC Regulations 2016 exempting PhD holders from NET Qualification will apply retrospectively. University of Kerala v. Merlin J.N., 2022 LiveLaw (SC) 680 : AIR 2022 SC 5041 : (2022) 9 SCC 389

UGC Regulations 2018 - Soban Singh Jeena University Act, 2019 - Vice Chancellor Appointment - Appeal against Uttarakhand High Court judgment which set aside the appointment of Prof. Narendra Singh Bhandar as Vice-Chancellor of Soban Singh Jeena University - Dismissed - (1) no advertisement was issued before appointing the appellant as Vice-Chancellor (2) His name was not recommended by the Search-cum-Selection Committee (3) His selection was not by a panel of persons by Search-cum-Selection Committee and (4) he was not appointed as Vice-Chancellor out of the panel of the names recommended by Search-cum-Selection Committee - Even while making the appointment of the first ViceChancellor of the University, the procedure required for selection and appointment of Vice-Chancellor is not required to be given go-bye- Appellant might have a very good/bright academic career, however it cannot be said that he was the most meritorious person as his case was not compared with other meritorious persons - The appointment of the appellant as Vice-Chancellor of the University is held to be illegal and de hors the statutory requirements under Section 10 of the University Act, 2019 r/w Regulation 7.3.0 of the UGC Regulations, 2018. Prof. Narendra Singh Bhandari v. Ravindra Jugran, 2022 LiveLaw (SC) 940 : AIR 2022 SC 5691

UGC Regulations 2018 - The post of ViceChancellor of the University is a very important post and therefore the most meritorious person should be appointed as Vice-Chancellor of the University from and amongst the other eligible meritorious candidates out of the panel of the names recommended by the Search-cum-Selection Committee - The selection for the post of Vice-Chancellor should be through proper identification by a panel of 3-5 persons by Search-cum-Selection Committee and the members of such Search-cum-Selection Committee shall be the persons of eminence in the sphere of higher education and shall not be connected in any manner with the University concerned or its colleges - While preparing the panel, the Search Committee shall give proper weightage to the academic excellence etc. and thereafter the Visitor/Chancellor shall appoint the Vice-Chancellor out of the panel of the names recommended by the Search-cum-Selection Committee. The reason behind this seems to be that the person who is ultimately selected and appointed as Vice-Chancellor, his case is compared with other eligible meritorious candidates who were part of the panel recommended by the Search Committee. (Para 12, 17) Prof. Narendra Singh Bhandari v. Ravindra Jugran, 2022 LiveLaw (SC) 940 : AIR 2022 SC 5691

UGC Regulations 2018 - Where there is a conflict between the State University Act and the UGC Regulations, 2018 to the extent State legislation is repugnant, the UGC Regulations, 2018 shall prevail. (Para 16) Prof. Narendra Singh Bhandari v. Ravindra Jugran, 2022 LiveLaw (SC) 940 : AIR 2022 SC 5691

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) Gambhirdhan K Gadhvi v. State of Gujarat, 2022 LiveLaw (SC) 242

UGC Regulations, 2013 – Clause 7.3.0 - Search Committee for selection of Vice-Chancellor must prepare a panel of 3 to 5 names-when only one name was recommended and the panel of names was not recommended, the Chancellor had no option to consider the names of the other candidates. Therefore, the appointment of the respondent No. 1 held contrary to Regulations. (Para 8.10) Professor (Dr.) Sreejith P.S. v. Dr. Rajasree M.S., 2022 LiveLaw (SC) 871

Universities Act, 1973 (Uttar Pradesh State)

Universities Act, 1973 (Uttar Pradesh State) - Appeal against the order of Uttarakhand HC which allowed writ petition filed by a Registrar of State University seeking parity in pay with its counterparts in Central University - Allowed - State has not made a decision to accept and adopt the circular of the Central Government pertaining to the Registrars working in the Universities coming under its purview - When the classification is distinct and clear having adequate rationale with due relation to the objective, there is no reason to hold otherwise by treating a Registrar at par with the Lecturers. One is meant for administration and the other teaching. State of Uttarakhand v. Sudhir Budakoti, 2022 LiveLaw (SC) 354 : AIR 2022 SC 1767

Universities Act, 1973 (Uttar Pradesh State) - Direction issued by the Central Government would at worst be mandatory to the Central Universities and the Central Government Colleges receiving funds - Any such decision would obviously be directory to State Government Colleges and Universities, being in the nature of a mere recommendation. (Para 20) State of Uttarakhand v. Sudhir Budakoti, 2022 LiveLaw (SC) 354 : AIR 2022 SC 1767

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. Gambhirdhan K Gadhvi v. State of Gujarat, 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) Gambhirdhan K Gadhvi v. State of Gujarat, 2022 LiveLaw (SC) 242

University Act, 1979 (Calcutta); Section 8 - Upheld Calcutta High Court order that set aside the decision of the State to re-appoint Sonali Chakravarti Banerjee as Vice-Chancellor (VC) of Calcutta University - The State government could not have issued the order re-appointing the VC - The power of appointment including of reappointment is entrusted to the Chancellor and not to the State government. The amended provisions of Section 8(2)(a) cannot therefore be construed to mean that the power of reappointment has been taken away from the Chancellor and entrusted to the State government - Amended Section 8(2)(a) which provides for the re-appointment of a VC for another term does not require that the procedure prescribed in Section 8(1) has to be followed for re-appointment. (Para 29-57) State of West Bengal v. Anindya Sundar Das, 2022 LiveLaw (SC) 831 : AIR 2022 SC 4902

University Grants Commission (Minimum Qualifications for appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 - Vice Chancellor Appointment - Even if the provisions of the State Act allowed the appointment of the Vice Chancellor by the State government, it would be in violation of the UGC Regulations. (Para 56) State of West Bengal v. Anindya Sundar Das, 2022 LiveLaw (SC) 831 : AIR 2022 SC 4902

University Grants Commission Act, 1956 - Supreme Court dismisses plea seeking enhancement of retirement age of college teachers in Kerala as 65 years as per UGC recommendation - Affirms Kerala HC view that the fixing of age of superannuation is a policy decision of the state government - Takes note of a circular issued by the Central Government in 2012 which stated that the UGC recommendation regarding enhancement of retirement age has been withdrawn and that the issue is left to the policy decision of the respective state governments. Dr. J. Vijayan v. State of Kerala, 2022 LiveLaw (SC) 655

University Grants Commission Act, 1956 - The UGC Regulations have to be consistent with the directions on questions of policy relating to national purposes, as may be given by the Central Government as per Section 20 of the UGC Act, 1956. In the case of any dispute between UGC and the Central Government, as to whether a question is a question of policy relating to national purpose, the decision of the Central Government prevails over that of UGC. [Para 8] Dr. J. Vijayan v. State of Kerala, 2022 LiveLaw (SC) 655

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) Gambhirdhan K Gadhvi v. State of Gujarat, 2022 LiveLaw (SC) 242

Unlawful Activities (Prevention) Act, 1967

Unlawful Activities (Prevention) Act, 1967; Section 43D(2)(b) - Magistrate would not be competent to consider the request for extension of time to complete investigation - The only competent authority to consider such request would be "the Court" as specified in the proviso in Section 43-D (2)(b) of the UAPA - Review petition filed by the State dismissed. State of Madhya Pradesh v. Sadique, 2022 LiveLaw (SC) 290

Unlawful Activities (Prevention) Act, 1967; Section 43D(5) - Appeal against Rajasthan HC order denying bail to UAPA accused- under trial - Allowed - In the nature of the case against the appellant, the evidence which has already unfolded and above all, the long period of incarceration that the appellant has already undergone, time has arrived when the appellant be enlarged on bail. Jahir Hak v. State of Rajasthan, 2022 LiveLaw (SC) 372 : AIR 2022 SC 3047

Unlawful Activities (Prevention) Act, 1967; Section 43D(5) - The condition in Section 43D(5) of the Act of 1967 has been understood to be less stringent than the provisions contained in Narcotic Drugs and Psychotropic Substances Act, 1985. (Para 11) Jahir Hak v. State of Rajasthan, 2022 LiveLaw (SC) 372 : AIR 2022 SC 3047

Urban Buildings

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. Harish Kumar v. Pankaj Kumar Garg, 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. Harish Kumar v. Pankaj Kumar Garg, 2022 LiveLaw (SC) 239

Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 - UP Housing and Development Board's function does not include fixing its employees' service conditions- Judgment in State of U.P. vs. Preetam Singh & Ors. 2014 (15) SCC 774 approved. State of U.P. v. Virendra Kumar, 2022 LiveLaw (SC) 1001

V

Value Added Tax

Value Added Tax Act, 2006 (Tamil Nadu) - Entry 44 of Part B of the Fourth Schedule - Hank Yarn - When the Entry in question specifically provides for exemption to the goods described as "Hank Yarn" without any ambiguity or qualification, its import cannot be restricted by describing it as being available only for the hank form of one raw material like cotton nor could it be restricted with reference to its user industry - Entry in question is clear, direct and unambiguous. (Para 11 -12) Authority for Clarification and Advance Ruling v. Aakavi Spinning Mills (P) Ltd., 2022 LiveLaw (SC) 191

Village Common Lands

Village Common Lands (Regulation) Act, 1961 (Punjab) (amended by Haryana Act No. 9/1992 ) - Constitutional validity upheld - Land for common purposes can be classified in three categories - Part of agrarian reforms and is protected by Article 31A of the Constitution of India, 1950 - The Amending Act does not acquire land or deprive the proprietors of their ownership as such ownership stood already divested in view of consolidation scheme reserving land for common purposes - Only a clarificatory or a declaratory amendment as the land stood vested in the panchayat - The Amending Act having been enacted after the assent of the President, is protected in terms of Article 31A of the Constitution - The entire land reserved for common purposes by applying pro-rata cut had to be utilised by the Gram Panchayat for the present and future needs of the village community and that no part of the land can be re-partitioned amongst the proprietors. State of Haryana v. Jai Singh, 2022 LiveLaw (SC) 361 : AIR 2022 SC 1718

Village Common Lands (Regulation) Act, 1961 (Punjab); Section 13(b) - Land Revenue Act, 1887 (Punjab); Section 45 - Section 45 of the Punjab Land Revenue Act shall be applicable only in a case where the plaintiff wants to protect his possession on the basis of his name in the mutation record and/or revenue record. However, any dispute with respect to mutation entry can only be before the revenue authorities only. Ishwar v. Gram Panchayat Parli Khurd, 2022 LiveLaw (SC) 875

Village Panchayats

Village Panchayats Act, 1959 (Maharashtra); Section 14B(1) - Constitution of India, 1950; Article 226 - If the State Election Commission or its delegatee were to reject or drop the proceedings against the concerned person or member initiated under Section 14B(1), as being devoid of merits or for any other reason, the complainant does not have remedy of appeal against such decision. Such an order becomes final and is not appealable at all. Indeed, it can be assailed before the constitutional court under Article 226 of the Constitution of India. (Para 18) Shobhabai Narayan Shinde v. Divisional Commissioner, 2022 LiveLaw (SC) 11 : (2022) 3 SCC 35

Village Panchayats Act, 1959 (Maharashtra); Section 14B(1) - No remedy of appeal is envisaged against an order of the State Election Commission or its delegatee – the Collector, under Section 14B(1), rejecting the complaint or to drop the proceedings for declaration of a Sarpanch/Member having incurred disqualification. That order becomes final and if passed by the Collector as the delegatee, is deemed to have been passed by the State Election Commission itself. Even the State Election Commission cannot step in thereafter in any manner much less in the guise of reconsideration or review of such order. It must follow that the Divisional Commissioner would have no jurisdiction (ab initio) to entertain assail to such an order of the Collector. (Para 21) Shobhabai Narayan Shinde v. Divisional Commissioner, 2022 LiveLaw (SC) 11 : (2022) 3 SCC 35

Village Panchayats Act, 1959 (Maharashtra); Section 14B(1) and 16 - The processes under Section 14B(1) and Section 16 are completely different, though concern the matter of disqualification and vacancy arising therefrom. In case, the Collector rejects the complaint and drops the proceedings in favour of concerned Sarpanch/Member, there would be no question of accrual of any vacancy. In contradistinction, if the Collector declares the member as having incurred disqualification, the follow­up issue required to be considered by the Collector under Section 16 then is to ascertain if any vacancy had arisen because of such disqualification. The two are different processes. (Para 20) Shobhabai Narayan Shinde v. Divisional Commissioner, 2022 LiveLaw (SC) 11 : (2022) 3 SCC 35

Voluntary Retirement Scheme

Voluntary Retirement Scheme - VRS benefit is an entitlement and assumes the character of property to the employee concerned once his application for VRS is accepted. It is the right of a person under Article 300A of the Constitution of India to have the VRS benefit to be given on accurate assessment thereof, the employer here being a public sector unit. If at the time of quantifying the VRS benefit after accepting an employee's application for voluntary retirement, the employer take any step that would reduce such benefit in monetary terms, such step shall have to be taken under the authority of law. (Para 21) Shankar Lal v. Hindustan Copper, 2022 LiveLaw (SC) 407 : (2022) 6 SCC 211

Voluntary Surrender

Voluntary Surrender - If the Panchayat / Municipality is taking a stand that a land was voluntarily surrendered, the burden would be on the Panchayat / Municipality to establish such voluntary surrender. (Para 12-13) Kalyani v. Sulthan Bathery Municipality, 2022 LiveLaw (SC) 410 : AIR 2022 SC 2073

Vulnerable Witnesses Deposition Centres (VWDCs)

Vulnerable Witnesses Deposition Centres (VWDCs) - The use of VWDCs should, in addition to criminal cases, be allowed for other jurisdictions, including, civil jurisdictions, family courts, juvenile justice boards and Childrens’ courts. Permission should be granted for recording the evidence of vulnerable witnesses in cases across all jurisdictions. (Para 3) Smruti Tukaram Badade v. State of Maharashtra, 2022 LiveLaw (SC) 380

W

Wakf Act, 1995

Wakf Act, 1995 - Bombay Public Trust Act, 1950 - There is a distinction between a public charitable Trust and Wakf - A Muslim Public Trust registered under the 1950 Act need not be a Wakf under the Act - However, there are public Trusts registered under the 1950 Act which are in fact, Wakf which fall under Section 28 of the 1950 Act. They must undoubtedly come within the regime of the the Wakf Act, 1995 - What was once a Wakf before the 1950 Act, if it is registered under the 1950 Act, with the commencement of the Act, such a public Trust would necessarily come under the ambit of the Wakf Act, 1995. (Para 178, 183) Maharashtra State Board of Waqfs v. Shaikh Yusuf Bhai Chawla, 2022 LiveLaw (SC) 1003

Wakf Act, 1995 - Section 32 and 40 - The power of the Board to investigate and determine the nature and extent of Wakf is not purely an administrative function - The power to determine under Section 32(2)(n) is the source of power but the manner of exercising that power is contemplated under Section 40 of the 1995 Act. An inquiry is required to be conducted if a Board on the basis of information collected finds that the property in question is a wakf property - There cannot be any unilateral decision without recording any reason that how and why the property is included as a wakf property. The finding of the Wakf Board is final, subject to the right of appeal under sub -section (2). Thus, any decision of the Board is required to be as a reasoned order which could be tested in appeal before the Wakf Tribunal. (Para 145) State of Andhra Pradesh v. A.P. State Wakf Board, 2022 LiveLaw (SC) 136

Wakf Act, 1995 - Section 32 and 40 - The Wakf Board has power to determine the nature of the property as wakf under Section 32(2)(n) but after complying with the procedure prescribed as contained in Section 40. Such procedure categorically prescribes an inquiry to be conducted. The conduct of inquiry pre -supposes compliance of the principles of natural justice so as to give opportunity of hearing to the affected parties. (Para 146) State of Andhra Pradesh v. A.P. State Wakf Board, 2022 LiveLaw (SC) 136

Wakf Act, 1995 - Section 40(3) Proviso - If a trust or society is already registered but the Board finds it to be Wakf, the statute contemplates notice to the authority. It does not mean that such trust or society is not required to be heard. The hearing to Trust or Society would also be as per the principles of natural justice. (Para 147) State of Andhra Pradesh v. A.P. State Wakf Board, 2022 LiveLaw (SC) 136

Wakf Act, 1995 - The Wakf Board is a statutory authority under the 1954 Act as well as under the 1995 Act. The Official Gazette had to carry any notification at the instance of the Wakf Board. The State Government is not bound by the publication of the notification in the Official Gazette at the instance of the Wakf Board only for the reason that it has been published in the Official Gazette. The publication of a notice in an Official Gazette has a presumption of knowledge to the general public as an advertisement published in a newspaper. Therefore, mere reason that the notification was published in the State Government gazette is not binding on the State Government. (Para 132) State of Andhra Pradesh v. A.P. State Wakf Board, 2022 LiveLaw (SC) 136

Wakf Act, 1995; Section 4 - The making of survey is not a mere administrative act but it is to be informed by a quasi-judicial inquiry. It is also the law that the surveyor has the power to find whether a particular institution is a Wakf. (Para 145) Maharashtra State Board of Waqfs v. Shaikh Yusuf Bhai Chawla, 2022 LiveLaw (SC) 1003

Waqf Act, 1995 - Appeal against Bombay HC judgment which set aside the notification which cancelled appointment of one Shaikh Mahemud as a Member of the Maharashtra State Board of Waqfs - Allowed - The findings of the High Court (i) that the term of office of a Member of the Board stipulated under Section 15 of the Waqf Act cannot be curtailed except in the case of disqualification under Section 16 or removal under Section 20; and (ii) that the cancellation 4 of appointment was arbitrary, are incapable of being upheld. State of Maharashtra v. Shaikh Mahemud, 2022 LiveLaw (SC) 363 : 2022 (6) SCALE 104

Waqf Act, 1995; Section 14 - The power to appoint would include the power of cancellation of appointment. (Para 14-15) State of Maharashtra v. Shaikh Mahemud, 2022 LiveLaw (SC) 363 : 2022 (6) SCALE 104

Waqf Act, 1995; Section 14,15 - Nomination always stands on a slightly different footing than election - It may not be possible for the State Government to breach the process of election from each of the electoral colleges by curtailing the term of office of such elected members. But the same logic cannot be extended to nominated members. (Para 10-12) State of Maharashtra v. Shaikh Mahemud, 2022 LiveLaw (SC) 363 : 2022 (6) SCALE 104

Waqf Act, 1995; Section 20 - The procedure prescribed under Section 20 has no application in a case where the appointment was cancelled by the notification. (Para 16) State of Maharashtra v. Shaikh Mahemud, 2022 LiveLaw (SC) 363 : 2022 (6) SCALE 104

Waqf Act, 1995; Section 3(r) - Definition of waqf - there ought to be proof of dedication or user or grant to qualify as waqf - in the absence of any proof of dedication or user, a dilapidated wall or a platform cannot be conferred a status of a religious place for the purpose of offering prayers / Namaaz. [Para 17, 18] Waqf Board. Rajasthan v. Jindal Saw Ltd; 2022 LiveLaw (SC) 425 : AIR 2022 SC 2143

Waqf Act, 1995; Section 83 - Revisional jurisdiction conferred by the proviso to Sub­section (9) of Section 83 is narrower than the jurisdiction that could have been conferred upon an appellate court. (Para 12) P. Nazeer v. Salafi Trust, 2022 LiveLaw (SC) 334 : 2022 (5) SCALE 516

Wild Life (Protection) Act, 1972

Wild Life (Protection) Act, 1972; Section 33 - The authority cannot impose damages and for that the authority has to initiate appropriate proceedings before the appropriate court/forum to determine/ascertain the damages. (Para 5) State of Uttar Pradesh v. Anand Engineering College, 2022 LiveLaw (SC) 626

Wild Life (Protection) Act, 1972; Section 33 - Wide powers - Chief Wild Life Warden/appropriate authority may even pass an order of closure of the institution, if the institution continues to discharge the effluent in the sanctuary which may affect and/or damage the environment as well as wild life in the sanctuary, after following the principles of natural justice and in accordance with law. (Para 5) State of Uttar Pradesh v. Anand Engineering College, 2022 LiveLaw (SC) 626

Will

Will - Appeal against Madras HC judgment which allowed second appeal and dismissed the suit filed by plaintiff who sought a declaration of title and for permanent injunction in respect of certain properties based upon the last Will and Testament by one Munisamy Chettiar, whom she claimed to be her husband - Allowed - The trial Court and the first appellate Court had come to the conclusion that the Will was true and valid and that there were no suspicious circumstances - High Court re­appreciated the very same evidence to come to a different conclusion in a second appeal - Truth and validity of the Will did not depend upon whether the plaintiff was a legally wedded wife or mistress of the testator or whether she was in an unacceptable relationship with the plaintiff. Saroja Ammal v. M. Deenadayalan, 2022 LiveLaw (SC) 379

Will - Suspicious Circumstances - Appeal against Madras HC order which set aside a probate granted to the appellant by the District Court in respect of two last Wills and Testaments - Allowed - Each one of the circumstances (recorded by the High Court), neither individually nor collectively creates a suspicion. Swarnalatha v. Kalavathy, 2022 LiveLaw (SC) 328 : 2022 (5) SCALE 465

Will - Suspicious Circumstances - The exclusion of one of the natural heirs from the bequest, cannot by itself be a ground to hold that there are suspicious circumstances - Cases in which a suspicion is created are essentially those where either the signature of the testator is disputed or the mental capacity of the testator is questioned - In the matter of appreciating the genuineness of execution of a Will, there is no place for the Court to see whether the distribution made by the testator was fair and equitable to all of his children. The Court does not apply Article 14 to dispositions under a Will. (Para 21, 25) Swarnalatha v. Kalavathy, 2022 LiveLaw (SC) 328 : 2022 (5) SCALE 465

Will - The absolute owner of a property is entitled even to bequeath his properties in favour of strangers. (Para 20) Saroja Ammal v. M. Deenadayalan, 2022 LiveLaw (SC) 379

Words and Phrases

Appeal

Words and Phrases - Appeal - An appeal is judicial examination of a decision of a subordinate court by a higher court to rectify any possible error(s) in the order under appeal. The law provides the remedy of an appeal in recognition of the fact that those manning the judicial tiers too may commit errors. (Para 28) BSES Rajdhani Power Ltd. v. Delhi Electricity Regulatory Commission, 2022 LiveLaw (SC) 857 : 2022 (15) SCALE 588

Bail

Words and Phrases - Bail - A bail is nothing but a surety inclusive of a personal bond from the accused. It means the release of an accused person either by the orders of the Court or by the police or by the Investigating Agency. It is a set of pre-trial restrictions imposed on a suspect while enabling any interference in the judicial process. Thus, it is a conditional release on the solemn undertaking by the suspect that he would cooperate both with the investigation and the trial - Bail is the rule and jail is the exception. (Para 8-12) Satender Kumar Antil v. Central Bureau of Investigation, 2022 LiveLaw (SC) 577 : AIR 2022 SC 3386 : (2022) 10 SCC 51

Dictionary

Words and Phrases - Dictionary - A dictionary always contains the meaning of the words as they are understood by people for generations. It contains the meaning of a word which is already legitimized. Lexicographers include a word in the dictionary when it is used by many in the same way. (Para 39) Narinder Singh v. Divesh Bhutani, 2022 LiveLaw (SC) 620 : AIR 2022 SC 3479

Due process of law

Words and Phrases - Due process of law - Meaning discussed. (Para 12) Padhiyar Prahladji Chenaji v. Maniben Jagmalbhai, 2022 LiveLaw (SC) 241 : 2022 (4) SCALE 352

Errata

Words and Phrases - Scope and meaning of the word “errata” discussed - “Errata” is a term of French origin which means a thing that should be corrected. It means a mistake in printing or writing - Errata is a correction of a mistake. Hence, only arithmetical and clerical mistakes could be corrected and the scope of the notification could not be enlarged by virtue of an errata notification, (Para 153 -154) State of Andhra Pradesh v. A.P. State Wakf Board, 2022 LiveLaw (SC) 136

Finding and Reasons

Words and Phrases - Difference between ‘finding’ and ‘reasons’ - Finding is a decision on an issue – Reasons are the links between the materials on which certain conclusions are based and the actual conclusions. I-Pay Clearing Services Pvt. Ltd. v. ICICI Bank Ltd. 2022 LiveLaw (SC) 2 : AIR 2022 SC 301 : (2022) 3 SCC 121

Include

Words and Phrases - “Include” - When the word “include” is used in interpretation clauses, the effect would be to enlarge the meaning of the words or phrases occurring in the body of the statute. Such interpretation clause is to be so used that those words or phrases must be construed as comprehending, not only such things, as they signify according to their natural import, but also those things which the interpretation clause declares that they shall include. In such a situation, there would be no warrant or justification in giving the restricted meaning to the provision. (Para 47) Kotak Mahindra Bank ltd. v. A. Balakrishna, 2022 LiveLaw (SC) 534 : AIR 2022 SC 2652 : (2022) 9 SCC 186

Interest

Words and Phrases - Interest - The compensation fixed by agreement or allowed by law for the use or detention of money, or for the loss of money by one who is entitled to its use; especially, the amount owed to a lender in return for the use of the borrowed money. (Para 10-12) Kerala Coastal Zone Management Authority v. Maradu Municipality, 2022 LiveLaw (SC) 485 : AIR 2022 SC 2377 : (2022) 8 SCC 240

Legal Malice or Malice in law

Words and Phrases - “Legal malice” or “malice in law” - State is under the obligation to act fairly without ill will or malice — in fact or in law. “Legal malice” or “malice in law” means something done without lawful excuse. It is an act done wrongfully and wilfully without reasonable or probable cause, and not necessarily an act done from ill feeling and spite. Where malice is attributed to the State, it can never be a case of malice or spite on the part of the State. It would mean exercise of statutory power for “purposes foreign to those for which it is in law intended”. It means conscious violation of the law to the prejudice of another, a depraved inclination on the part of the authority to disregard the rights of others. (Para 58) Ms. X v. Registrar General, 2022 LiveLaw (SC) 150 : 2022 (3) SCALE 99

May and Shall

Words and Phrases - May and Shall - Ordinarily the word "may" is directory. The expression 'may admit' confers discretion to admit. In contrast, the use of the word "shall" postulates a mandatory requirement. The use of the word "shall" raises a presumption that a provision is imperative. However, the prima facie presumption about the provision being imperative may be rebutted by other considerations such as the scope of the enactment and the consequences flowing from the construction. (Para 64) Vidarbha Industries Power Ltd. v. Axis Bank Ltd., 2022 LiveLaw (SC) 587 : (2022) 8 SCC 352

Officer, Subordinate

Words and Phrases - Meaning of expressions "officer", "subordinate", "any", "officer subordinate" discussed. (Para 31 -33) NKGSB Cooperative Bank Ltd. v. Subir Chakravarty, 2022 LiveLaw (SC) 212 : AIR 2022 SC 1325 : (2022) 10 SCC 286

Public Interest

Words and Phrases - Public Interest - The term ‘Public interest’ has no rigid definition. It has to be understood and interpreted in reference to the context in which it is used. The concept derives its meaning from the statute where it occurs, the transaction involved, the state of society and its needs. (Para 8.7) Small Industries Development Bank of India v. Sibco Investment Pvt. Ltd., 2022 LiveLaw (SC) 7 : (2022) 3 SCC 56

Question of Law

Words and Phrases - Question of Law - Phrases such as, 'question of law', are open textual expressions, used in statutes to convey a certain meaning which the legislature would not have intended to be read in a pedantic manner. When words of the Sections allow narrow as well as wide interpretations, courts of law have developed the art and technique of finding the correct meaning by looking at the words in their context. (Para 14-16) Securities and Exchange Board of India v. Mega Corporation Ltd., 2022 LiveLaw (SC) 319 : 2022 (5) SCALE 340

Solely

Words and expressions - 'Solely' - The term 'solely' is not the same as 'predominant / mainly', it means 'to the exclusion of all others'. (Para 49) New Noble Educational Society v. Chief Commissioner of Income Tax 1,2022 LiveLaw (SC) 859 : 2022 (15) Scale 302

Substantial Question of Law

Words and Phrases - Substantial Question of Law - The word 'substantial' as qualifying 'question of law' means, of having substance, essential, real, of sound worth, important or considerable. It is to be understood as something in contradistinction with technical, of no substance or consequence, or academic. (Para 30) BSES Rajdhani Power Ltd. v. Delhi Electricity Regulatory Commission, 2022 LiveLaw (SC) 857 : 2022 (15) SCALE 588

Trial

Words and Phrases - Trial - An extended meaning has to be given to this word for the purpose of enlargement on bail to include, the stage of investigation and thereafter - Primary considerations would obviously be different between these two stages. In the former stage, an arrest followed by a police custody may be warranted for a thorough investigation, while in the latter what matters substantially is the proceedings before the Court in the form of a trial. If we keep the above distinction in mind, the consequence to be drawn is for a more favourable consideration towards enlargement when investigation is completed, of course, among other factors - An appeal or revision shall also be construed as a facet of trial when it comes to the consideration of bail on suspension of sentence. (Para 7) Satender Kumar Antil v. Central Bureau of Investigation, 2022 LiveLaw (SC) 577 : AIR 2022 SC 3386 : (2022) 10 SCC 51

Void and Voidable

Words and Phrases - Void and Voidable - discussed. (Para 8, 9) Jayashree v. Director Collegiate Education, 2022 LiveLaw (SC) 237 : 2022 (4) SCALE 267

Workmen’s Compensation Act, 1923

Workmen’s Compensation Act, 1923; Section 4A - Interest shall be paid on the compensation awarded from the date of the accident and not the date of adjudication of the claim. (Para 5) Ajaya Kumar Das v. Divisional Manager, 2022 LiveLaw (SC) 102 : 2022 (2) SCALE 445

Writ Jurisdiction

Writ Jurisdiction - Judicial review in contractual matters - limited scope of interference- unless the state action is clearly arbitrary, illegal, mala fide or contrary to the statute, courts would be loathe to interfere. (Para 23) Union of India v. Bharat Forge Ltd., 2022 LiveLaw (SC) 691 : AIR 2022 SC 3821

Writ Petition

Writ Petition seeking probe about the incident wherein on a visit to Hussainiwala, District Firozpur, State of Punjab the convoy of the Prime Minister was stuck on a flyover for around 20 minutes - Enquiry committee headed by Justice Indu Malhotra appointed. Lawyers Voice v. State of Punjab, 2022 LiveLaw (SC) 43 : (2022) 3 SCC 521