Supreme Court Monthly Digest : February 2020

first_imgTop StoriesSupreme Court Monthly Digest : February 2020 LIVELAW NEWS NETWORK4 May 2020 2:32 AMShare This – xHere is a compilation of major Supreme Court decisions of February, 2020.SC Upholds MP Amendment Which Restored Power To Try Labour Law Offences On Criminal Courts.The Supreme Court upheld the Madhya Pradesh Labour Laws (Amendment) and Misc. Provisions Act, 2002, which restored the power to try offences under labour laws on the regular Criminal Courts.(Case name: State of MP vs….Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginHere is a compilation of major Supreme Court decisions of February, 2020.SC Upholds MP Amendment Which Restored Power To Try Labour Law Offences On Criminal Courts.The Supreme Court upheld the Madhya Pradesh Labour Laws (Amendment) and Misc. Provisions Act, 2002, which restored the power to try offences under labour laws on the regular Criminal Courts.(Case name: State of MP vs. M.P.TRANSPORT WORKERS FEDN. Case no.: CIVIL APPEAL NO.4658/2009 Coram: Justices Sanjay Kishan Kaul and KM Joseph)Employee’s Request To Change DoB In Service Records Cannot Be Entertained At The Fag End Of Service: SC If a particular date of birth is entered in the service register of an employee, a change sought cannot be entertained at the fag end of service, the Supreme Court reiterated.Case name: Bharat Coking Coal Ltd. vs. Shyam Kishore Singh Case no .: CIVIL APPEAL NO. 1009 OF 2020 Coram: Justices R. Banumathi and AS BopannaCompromise Decree Which Does Not Take In Property That Is Not Subject Matter Of Suit Need No Registration: SC The Supreme Court observed that a compromise decree does not require registration if it does not take in property that is not the subject-matter of the suit.Case name: MOHAMMADE YUSUF vs. RAJKUMAR Case no.: CIVIL APPEAL NO.800 OF 2020 Coram: Justices Ashok Bhushan and MR Shah[Relinquishment of Claims] Bar Under Order II Rule 2 CPC May Not Apply To Writ Petitions: SCThe Supreme Court  reiterated that bar of Order II Rule 2 of the Civil Procedure Code may not apply to a writ petitions.”The bar of O.2 R. 2 of the Civil Procedure Code on which the High Court apparently relied may not apply to a petition for a high prerogative writ under Art. 226 of the Constitution, but the High Court having disallowed the claim of the appellant for salary prior to the date of the suit, we do not think that we would be justified in interfering with the exercise of its discretion by the High Court.”, the Court said.Case name: BRAHMA SINGH vs. UNION OF INDIA Case no.: WRIT PETITION (CIVIL) NO. 59 OF 2019 Coram: Justices L. Nageswara Rao and Deepak Gupta Beneficiaries Of Insurance Policy Are ‘Consumers’ Even If They Are Not Parties To Contract Of Insurance: SC The Supreme Court observed that the beneficiaries of the policy taken out by the insured are also ‘consumers’ under the Consumer Protection Act, even if they are not parties to the contract of insurance.Case name: CANARA BANK vs. UNITED INDIA INSURANCE CO. LTD Case no.: CIVIL APPEAL NO. 1042 OF 2020 Coram: Justices S. Abdul Nazeer and Deepak Gupta There Can Be No Review Of Order Passed In Review Petition: SCThere can be no review of an order passed in review petition, the Supreme Court remarked while dismissing an application filed by NGO Lok Prahari to recall the order passed in review petition.Case Name : Lok Prahari vs Union of IndiaCase No      : I.A No. 156831/2019 in WP(c) No. 330/2016Coram         : Justices A M Khanwilkar and Dinesh Maheshwari[Specific Performance] Plaintiff Has To Prove That He Has Means To Generate Consideration Amount: SCThe Supreme Court observed that it is mandatory on the part of the plaintiff in a Specific Performance Suit to prove that he has the means to generate the consideration amount.”Mere plea that he is ready to pay the consideration, without any material to substantiate this plea, cannot be accepted.”, the Court said.Case name: C.S. VENKATESH vs. A.S.C. MURTHY (D) Case no.: CIVIL APPEAL NO. 8425 OF 2009 Coram: Justices Abdul Nazeer and Deepak Gupta Prosecution On The Basis Of Second FIR Not Sustainable If Substratum Is Common As That Of First One: SC The Supreme Court has observed that the prosecution of a person on the basis of a second FIR is not sustainable if its substratum is same as that of the first FIR.Case name: PREM CHAND SINGH vs. STATE OF UTTAR PRADESH Case no.: CRIMINAL APPEAL NO. 237 OF 2020 Coram: Justices Navin Sinha and Krishna Murari[Order VIII Rule 6A CPC] Counter Claim Cannot Be Filed After Framing Of Issues: SCThe Supreme Court has reiterated that a counter-claim cannot be filed after the issues are framed. The Court, while dismissing a Special Leave Petition, which raised this sole legal issue, referred to its last year judgment in Ashok Kumar Kalra vs. Wing Cdr. Surendra Agnihotri.Case name: ASHOK KUMAR KALRA vs. WING CDR SURENDRA AGNIHOTRI Case no.: SLP(C) No(s). 23599/2018 Coram: Justices Rohinton Fali Nariman and S. Ravindra Bhat Sabarimala Reference : SC Holds That Questions Of Law Can Be Referred To Larger Bench In Review The 9-judge bench of the Supreme Court has held that a bench can refer questions of law to larger bench even in review jurisdiction.  Case Name : Kantararu Rajeevaru and others vs Indian Young Lawyers Association and othersCase No : Review Petition No. 3358/2018Corma    : CJI SA Bobde, Justices R Banumathi, Ashok Bhushan, L Nageshwara Rao, Mohan Shantanagoudar, S Abdul Nazeer, R Subhash Reddy, B R Gavai and Surya Kant.SC Upholds Validity Of SC/ST Amendment Act 2018 The Supreme Court has upheld the constitutional validity of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2018, which was enacted to nullify the effects of the March 20, 2018 judgment of the SC which had diluted the provisions of the Act.Also in this judgment : Section 438 (Anticipatory Bail) Has No Application To Cases Under SC/ST Act Except When There Is No Prima Facie Case Is Made Out                                   ‘Fraternity Assures True Equality; Articles 15, 17 & 24 Seek To Achieve This Ideal’ : Justice Ravindra Bhat In SC/ST Verdict Case Name : Prathvi Raj Chouhan vs Union of IndiaCase No     : WP(c) No. 1018/2018Coram         : Justices Arun Mishra, Vineet Saran, Ravindra BhatSettlement Between Victim & Accused Not A Valid Ground To Quash FIR/Charge-Sheet When Offences Are Serious & Against Society, Reiterates SC The Supreme Court has reiterated that settlement between victim and the accused cannot be a valid ground to quash the FIR. or the charge sheet when the offences alleged are against society and not private in nature.Case no.: Arun Singh vs. State of UP Case no.: Cri. Appeal 250 of 2020 Coram: Justices Navin Sinha and Krishna MurariCondition Restraining Alienation Of Property By Donee In A Gift Deed Is Void: SC The Supreme Court has observed that a condition in the gift deed that the donee shall not alienate the subject property is a void condition as per Section 10 of the Transfer of Property Act.Case name: SRIDHAR vs. N. REVANNA Case no.: CIVIL APPEAL NO.1209 OF 2020 Coram: Justices Ashok Bhushan and Navin Sinha Complaint U/s 138 NI Act Cannot Be Quashed When Disputed Question Of Facts Are Involved: SCThe Supreme Court has observed that a cheque bounce complaint under Section 138 of the Negotiable Instruments Act cannot be quashed when disputed questions of facts are involved.Case Name: RAJESHBHAI MULJIBHAI PATEL vs. STATE OF GUJARAT Case no.: CRIMINAL APPEAL NOS. 251-252 OF 2020 Coram: Justices R. Banumathi and AS BopannaNo Presumption That A Decision Taken By Persons Occupying High Posts Is Valid: SCThere is no presumption that a decision taken by persons occupying high posts is valid, remarked the Apex Court. “The judicial scrutiny of a decision does not depend on the rank or position held by the decision maker”, the Court said.Case name: BRIG. NALIN KUMAR BHATIA vs. UNION OF INDIA Case no.: Civil Appeal No .5751 of 2017 Coram: Justice L. Nageswara Rao and Justice Hemant Gupta [Section 482 CrPC] HC Cannot Quash Criminal Proceedings On The Basis Of Its Assessment Of 161 Statements: SC The Supreme Court has held today that Criminal Proceedings cannot be quashed on the basis of statements recorded before Police officials in terms of Section 161 CrPc.4″The conclusion of the High Court to quash the criminal proceedings is on the basis of its assessment of the statements recorded under Section 161 CrPC. Statements of witnesses recorded under Section 161 CrPC being wholly inadmissible in evidence cannot be taken into consideration by the Court”, the Court said.Case Name : Rajeev Kourav vs Baisahab and othersCase No     : Criminal Appeal No.232/2020Coram        : Justices L Nageswara Rao and Deepak Gupta’Hampi A Site Of Historic Importance’ : SC Upholds Direction To Demolish Constructions In Virupapura Gaddi Acknowledging the historic importance of Hampi heritage site, the Supreme Court on Tuesday directed the demolition of unauthorized constructions in Virupapura Gaddi, an oval islet formed by Tungabhadra river on the west of Hampi.Case Details Title : Sakkubai and others vs State of Karnataka and others Case No. : Civil Appeal 1443-1446/2020. Bench : Justices Mohan M Shantanagoudar and R Subhash ReddyConduct Of A Plaintiff Is Very Crucial In A Suit For Specific Performance: SCThe conduct of a plaintiff is very crucial in a suit for specific performance, observed the Supreme Court while dismissing a civil appeal Case name: Atma Ram vs. Charanjit Singh Case no.: SLP (C) No.27598 of 2016 Coram: Justice NV Ramana and Justice V. Ramasubramanian  A Child In Conflict With Law Cannot Be Kept In Jail Or Police Lockup Under Any Circumstances: SC”We make it clear that the Juvenile Justice Boards are not meant to be silent spectators and pass orders only when a matter comes before them. They can take note of the factual situation if it comes to the knowledge of the JJBs that a child has been detained in prison or police lock up. It is the duty of the JJBs to ensure that the child is immediately granted bail or sent to an observation home or a place of safety. The Act cannot be flouted by anybody, least of all the police”, the Court observed.Case Title: In Re: Exploitation of Children in Orphanages in State of Tamil Nadu v. Union of India Case No.: WP (Crl) No. 102/2007 Maintenance Petition U/s 125 CrPC Filed By Wife, Who Was Granted Permanent Alimony U/s 25 Hindu Marriage Act, Cannot Be EntertainedThe Supreme Court has observed that a petition filed by a wife under Section 125 of the Code of Criminal Procedure who was earlier granted permanent alimony under Section 25 of the Hindu Marriage Act, cannot be entertained.Case name: RAKESH MALHOTRA vs. KRISHNA MALHOTRA Case no.: Criminal Appeal No(s).246-247/2020 Coram: Justices Uday Umesh Lalit and Vineet Saran  First Appellate Court Should Comply With Requirements Of Order XLI Rule 31 CPC Even While Affirming Trial Court Judgment: SC The Supreme Court has observed a judgment of a First Appellate Court has to set out points for determination, record the decision thereon and give its own reasons. Case name: MALLURU MALLAPPA(D) vs. KURUVATHAPPA Case no.: CIVIL APPEAL NO. 1485 OF 2020 Coram: Justices S.Abdul Nazeer and Sanjiv Khanna SC Directs Political Parties To Publish Criminal Antecedents Of Candidates In LS & Assembly PollsTaking note of “alarming” rise of criminalization of politics, the Supreme Court directed that all political parties to publish the details of criminal antecedents of their candidates in the Lok Sabha and Assembly polls within 48 hours of selection of the candidate or within two weeks of nomination, whichever is earlier. The information should be published in local newspapers, and uploaded in official websites and social media handles of the parties. Information should contain the nature of crime and stage of trial/investigation. Case Name : Rambabu Singh Thakur vs Sunil Arora and othersCase No     : Contempt Petition No. 2192/2018 in WP(c) 536/2011Coram        : Justices R F Nariman and Ravindra BhatCourt Has To Appoint Amicus Curiae Or Request Legal Service Committee To Appoint An Advocate If Accused Is Unrepresented Before It: SCThe Supreme Court has reiterated that when an accused is unrepresented before a Court, it has to either appoint an Amicus curiae or to refer the matter to the Legal Services Committee requesting it to appoint an advocate.Case name: SHAIK MUKTHAR vs. THE STATE OF ANDHRA PRADESH Case no.: CRIMINAL APPEAL NO(S). 1753/2019 Coram : Justices Mohan M. Shanthanagoudar and R.Subhash Reddy.[Employee’s Compensation Act] Relevant Date For The Determination Of Compensation Payable Is The Date Of The Accident: SC The Supreme Court has observed that the relevant date for the determination of compensation payable under Employee’s Compensation Act 1923 is the date of the accident. The bench of Justice Dhananjaya Y. Chandrachud and Justice Ajay Rastogi observed that the benefit of 2009 amendment of the Act which had deleted the provision that capped the monthly wages of an employee at Rs 4,000 does not apply to accidents that took place prior to its coming into force.Case name: K Sivaraman vs.P Sathishkumar Case no.: Civil Appeal No. 9046 of 2019 Coram: Justices Dhananjaya Y Chandrachud and Ajay Rastogi  [Enforcement of Foreign Awards] Minimal Interference by Courts in Terms of Section 48 Of The Arbitration Act, Holds SC”Awards must always be read supportively with an inclination to uphold rather than destroy, given the minimal interference possible with foreign awards under Section 48″The Judgment rendered by a Three-Judge bench of the Supreme Court comprising Justices R.F. Nariman, Aniruddha bose & V. Ramasubramanan, has emphasized that section 48(1)(b) of the Arbitration & Conciliation Act, 1996 (referred to hereinafter as The “Act”) cannot be given an expansive meaning.Case Name : Vijay Karia and others vs Prysmian Cavi E Sistemi SRL and othersCase No      : Civil Appeal No. 1544 of 2020Accused Cannot Be Convicted Of Rape On Basis Of Sole Testimony Of Prosecutrix Unless Her Testimony Is Of “Sterling” Quality: SCThe Supreme Court has held that the conviction of an accused in Rape Cases cannot be done on the basis of sole testimony of the Prosecutrix unless she passes the test of “Sterling Witness”. The Judgment rendered by a Bench comprising Justices Ashok Bhushan & M.R. Shah has held that in order to convict an accused on the basis of solitary evidence of the Prosecutrix, the evidence must be absolutely trustworthy, unblemished and of sterling quality.Case Name : Santosh Prasad @ Santosh Kumar vs State of BiharCase No      : Criminal Appeal No. 264/2020Defence That ‘Cheque Issued As Security’ Not Believable In Absence Of Further Evidence To Rebut Presumption U/s 139 NI Act : SC The Supreme Court has observed that defence of the accused that the cheques were given by way of security is not believable in absence of further evidence to rebut the presumption. The bench of Justices Ashok Bhushan and MR Shah reiterated that, once the issuance of the cheque has been admitted and even the signature on the cheque has been admitted, there is always a presumption in favour of the complainant that there exists legally enforceable debt or liability and thereafter it is for the accused to rebut such presumption by leading evidence.Case name: APS FOREX SERVICES PVT. LTD. vs. SHAKTI INTERNATIONAL FASHION LINKERS Case no.: CRIMINAL APPEAL NO. 271 OF 2020 J Coram: Justices Ashok Bhushan and MR ShahArbitration Clause In An Insufficiently Stamped Agreement Cannot Be Acted Upon By Court: SCThe Supreme Court has observed that an arbitration clause in an agreement which is required to be duly stamped, was not sufficiently stamped, cannot be acted upon by the Court.Case name: M/S DHARMARATNAKARA RAI BAHADUR ARCOT NARAINSWAMY MUDALIAR CHATTRAM & OTHER CHARITIES vs. M/S BHASKAR RAJU & BROTHERS Case no.: CIVIL APPEAL No. 1599 OF 2020 Coram: CJI SA Bobde, Justices BR Gavai and Surya KantDiscrepancies In Evidence Against Delinquent Not A Ground To Interfere With Findings Of Disciplinary Inquiry: SCThe Supreme Court has observed that the findings of disciplinary inquiry cannot be interfered only on the ground that there are discrepancies in the evidence against the delinquent. The bench of Justice S. Abdul Nazeer and Justice Hemant Gupta observed that, once the evidence has been accepted by the departmental authority, in exercise of power of judicial review, the Tribunal or the High Court could not interfere with the findings of facts recorded by re-appreciating evidence as if the Courts are the Appellate Authority.Case name: STATE OF KARNATAKA vs. N. GANGARAJ Case no.: CIVIL APPEAL NO. 8071 OF 2014 Coram: Justice S. Abdul Nazeer and Justice Hemant Gupta.’Absolute Exclusion Of Women From Command Appointments In Army Illegal’: SC Dismisses Centre’s Appeals Against Delhi HC Verdict [The Secretary, Ministry of Defence v. Babita Puniya & Ors.] In a significant judgment on gender equality, the Supreme Court directed that Permanent Commission should be granted to women in the army regardless of their service, in all the ten streams where the Union Government has already taken a decision to grant Short Service Commission to women. The Court also held that absolute exclusion of women from command assignments is against Article 14 of the Constitution and unjustified. Therefore, the policy that women will be given only “staff appointments” was held to be unenforceable by the Court. Notion That Women Are ‘Weaker Sex’ Constitutionally Flawed: SC Calls For Change In Mindset [The Secretary, Ministry of Defence v. Babita Puniya & Ors.] The notions that women are the “weaker” sex and may not undertake tasks that are “too arduous‟ for them are constitutionally flawed, observed the Supreme Court, in its judgment which held that the absolute exclusion of women from Command Appointments In Army is Illegal. The bench comprising Justice Dhananjaya Y. Chandrachud and Justice Ajay Rastogi observed that to cast aspersion on their abilities on the ground of gender is an affront not only to their dignity as women but to the dignity of the members of the Indian Army – men and women – who serve as equal citizens in a common mission. Parental Responsibility Does Not End With Breakdown Of Marriage: SC [Soumitra Kumar Nahar v. Parul Nahar] The Supreme Court has observed that the parental responsibility of the couple does not end even if there is a breakdown of the marriage. In a custody battle, no matter which parent wins but the child is always the loser and it is the children who pay the heaviest price as they are shattered when the Court by its judicial process tells them to go with the parent whom he or she deems, remarked the bench of Justices AM Khanwilkar and Ajay Rastogi while considering a civil appeal in a matrimonial case.Right To Pension Cannot Be Taken Away By A Mere Executive Fiat Or Administrative Instruction [Dr. Hira Lal v. State of Bihar & Ors.] The Supreme Court has observed that the right to pension is covered under a right to property protected under Article 300A of the Constitution of India and it cannot be taken away by a mere executive fiat or administrative instruction. The issue considered by the bench comprising Justices Uday Umesh Lalit and Indu Malhotra in this appeal was whether the State of Bihar was justified in withholding 10% pension and full gratuity of its employee under Circulars, and Government Resolution issued by it, on the ground of pending criminal proceedings?SC Collegium Recommendations Must Be Continuing Process Without Waiting For Results Of Earlier Lists [M/s Plr Projects Pvt. Ltd v. Mahanadi Coalfields Ltd & Ors.] The Supreme Court observed that the High Courts should continuously recommend names for judicial appointments in anticipation of vacancies, regardless of the pendency of the earlier recommendations. A bench comprising Justices S K Kaul and K M Joseph said that there should be a “continuing process” of recommending names without waiting for the results of earlier recommendations.Judicial Officers Cannot Seek Direct Recruitment To Post Of District Judges Against Quota For Advocates [Dheeraj Mor v. Hon’ble High Court of Delhi] The Supreme Court held that civil judges are not eligible to seek direct recruitment to post of District Judges in bar quota. Eligibility under Article 233(2) of the Constitution requires 7 years of continuous practice. “Only practising candidates can avail the quota. It is exclusively for them”, Justice Arun Mishra, dictating the order, said. “Article 233(2) nowhere provides eligibility of in-­service candidates for consideration as a District Judge concerning a post requiring 7 years’ practise as an advocate or a pleader. The requirement of 7 years’ experience for advocate or pleader is qualified with a rider that he should not be in the service of the Union or the State”, the Court said in the judgment.Electricity Supply Cannot Be Disconnected For Recovery Of Additional Demand Raised After Expiry Of Two Years Limitation Period [Assistant Engineer (D1), Ajmer Vidyut Vitran Nigam Ltd. & Anr. v. Rahmatullah Khan] The Supreme Court held that the licensee company cannot take recourse to the coercive measure of disconnection of electricity supply, for recovery of the additional demand raised after the expiry of two years limitation period. The bench of Justices Uday Umesh Lalit and Indu Malhotra observed that the Section 56(2) of the Electricity Act does not preclude the licensee company from raising an additional or supplementary demand after the expiry of the limitation period under Section 56(2) in the case of a mistake or bona fide error.Practicing Advocates’ Experience Gained At Bar Injects Judicial Branch With Fresh Perspectives [Dheeraj Mor v. Hon’ble High Court of Delhi] In the judgment holding that in-service judicial officers are not eligible to apply for direct recruitment to the post of District Judges, the Supreme Court observed that the experience of a successful lawyer at the bar cannot be considered as less important than that of a judicial officer. Quoting from the SC decision in P. Ramakrishnan Raju v. Union of India and Ors., (2014) the Court said that “experience and knowledge gained by a successful lawyer at the Bar can never be considered to be less important from any point of view vis­à­vis the experience gained by a judicial officer”. Magistrate Can Review Order Passed Under Sec 125 CrPC; Bar Under Sec 362 CrPC Not Applicable [Ranjeev Kapoor v. Chandra Kapoor & Ors.] The Supreme Court held that a Magistrate who passes an order on settlement between parties under Section 125 of the Code of Criminal Procedure (CrPC) has the power to recall or set aside the Order if terms of the same are violated, and Section 362 of CrPC does not function as a bar on the same. The Bench comprising of Justices Ashok Bhushan and R. Subhash Reddy took into consideration the legislative scheme behind the promulgation of Section 362 of the CrPC by breaking down the Section.PNB Scam – Powers Under Sec 339 Companies Act Can Be Invoked Only Against Officers Of Company In Which Mismanagement Is Alleged [Usha Ananthasubramanian v. Union of India] In the PNB-Nirav Modi scam, the Supreme Court granted relief to Usha Ananthasubramanian, former MD & CEO of Punjab National Bank, by setting aside the order passed by NCLT by which her assets were frozen. In the case regarding mismanagement of Gitanjali Gems Ltd run by Nirav Modi, the National Company Law Tribunal had passed an order restraining several individuals, including Usha Ananthasubramanian, from disposing of their assets and from withdrawing more than One Lakh rupees per month towards personal expenses. This order passed exercising powers under Section 241 read with 337 and 339 of the Companies Act 2013 was approved by NCLAT as well. Marriage Contracted During Pendency Of Appeal From A Divorce Decree Filed After Expiry Of Limitation Period Is Not Void [Krishnaveni Rai v. Pankaj Rain & Anr.] The Supreme Court observed that a marriage contracted during the pendency of an appeal from a divorce decree is not ab initio void especially when such an appeal is filed after expiry of the period of limitation. In this case, a maintenance petition filed by a wife was dismissed on the grounds that the marriage was a nullity because the marriage had taken place while an appeal filed by her against a decree of dissolution of marriage with her first husband was still pending. The issue considered by the Apex Court was whether the second marriage performed during the pendency of an appeal from a decree of divorce a nullity, even though there was no stay of operation of the decree.SC Upholds Introduction Of NEET To AYUSH Under Graduate Courses [Union of India v. Federation of Self-Financed Ayurvedic Colleges Punjab & Ors.] The Supreme Court has upheld All-India National Eligibility cum Entrance Test (‘NEET’) for admission to AYUSH Under Graduate courses like BAMS, BUMS, BSMS and BHMS. The bench comprising Justice L. Nageswara Rao and Justice Deepak Gupta also observed that the minimum standards cannot be lowered even for AYUSH courses. The bench also referred to the judgment in Veterinary Council of India v. Indian Council of Agricultural Research in which it was held that the Veterinary Council of India is authorized to frame regulations prescribing the standards of veterinary education and such power includes the power to make Regulations relating to grant of admissions and veterinary qualifications. [Electricity]Fixing Of Commercial Tariff For Self-Financed Educational Institutions Legally Valid [KSEB & Anr. v. Principal Sir Syed Institute For Technical Studies & Anr.] The Supreme Court held that clubbing of Self-financed educational institutions (SFEIs) with commercial service providers for the purposes of fixing electricity tariffs higher than Government-run & aided educational institutions was legally justifiable in terms of the Electricity Act, 2003 (“2003 Act”). The central issue in the instant case was whether under the 2003 Act, the differentiation of SFEIs from the other set of educational institutions for the purpose of fixing of the tariff was arbitrary discrimination and antithetical to principles of natural justice. Rendered by a Bench of Justices Deepak Gupta & Aniruddha Bose, the Judgment held that a tariff fixing body was not required to proceed solely on the basis of the “nature of service” rendered by the Institution while fixing tariffs.  Rebuttal Of Presumption U/s 139 NI Act Can Only Be Done After Adducing Evidence [Shiv Kumar Alias Jawahar Saraf v. Ramavatar Agarwal] The Supreme Court observed that the rebuttal of presumption available under Section 139 of the Negotiable Instruments Act can only be done after adducing evidence. The bench of Justice Ashok Bhushan and Justice KM Joseph agreed with the High Court view that rebuttal of presumption cannot be looked into at the stage of the Court taking cognizance of the offense. Expressing its ‘full agreement’ with the view adopted by the High Court, the bench added that the rebuttal can be made with reference to the evidence of the prosecution as well as of defence.[Section 340 CrPC] Is Preliminary Inquiry Mandatory Before A Complaint U/s 195 CrPC Is Made? SC Refers To Larger Bench [Read Judgment] The Supreme Court referred to a larger bench the issue whether Section 340 of the Code of Criminal Procedure mandates a preliminary inquiry and an opportunity of hearing to the would-be accused before a complaint is made under Section 195 of the Code by a Court? The bench of Justice Ashok Bhushan and Justice Mohan M. Shantanagoudar also referred the question on the scope and ambit of such preliminary inquiry. Mortgage By A Corporate Debtor To Secure Debts Of Third Party Not ‘Financial Debt’ Within Meaning Of Sec 5(8) IBC : SC The Supreme Court upheld the order of National Company Law Tribunal which cancelled the mortgages made by Jaypee Infratech Ltd (JIL) to secure the debts of its holding company Jaiprakash Associates Ltd (JAL). The NCLT Ahmedabad bench had allowed the application filed by Interim Resolution Professional(appointed for JIL CIRP) seeking avoidance of these mortgage transactions, which pertained to nearly 758 acres of land, as being “preferential, undervalued and fraudulent”, in terms of Sections 43, 45 and 66 of the Insolvency and Bankruptcy Code, 2016.Case Details Title : Anuj Jain Interim Resolution Professional for Jaypee Infratech Ltd v Axis Bank Ltd and others Case No : Civil Appeals No. 8512-8527 of 2019 Coram : Justices A M Khanwilkar and Dinesh MaheshwariJudicial Officer’s Integrity Must Be Of A Higher Order And Even A Single Aberration Is Not Permitted: SC [Read Judgment]The Supreme Court summed up the law on the subject of compulsory retirement of Judicial officers. The bench comprising of Justices L. Nageswara Rao and Deepak Gupta observed that ‘washed off’ theory does not apply in the case of adverse entries with regard to integrity of Judicial Officers.Case name: ARUN KUMAR GUPTA vs. STATE OF JHARKHAND Case no.: WRIT PETITION (CIVIL) NO. 190 OF 2018 Coram: Justices L. Nageswara Rao and Deepak GuptaBoycott Of Courts Can’t Be Justified As Freedom Of Speech & Expression : SC On Lawyers’ Strikes The Supreme Court came down heavily on the advocates in the districts of Dehradun, Hardwar and Udham Singh Nagar in the State of Uttarakhand for holding strike by boycotting courts. The SC also noted that despite directions in precedents such as Ex-Capt. Harish Uppal v. Union of India, lawyers’ strikes were happening. In this backdrop, suo moto notices were issued to the Bar Council of India and State Bar Councils to suggest the further course of action and to give concrete suggestions to deal with the problem of strikes/abstaining the work by the lawyers.Case Details Title : District Bar Association, Dehradun through its Secretary vs Ishwar Shandilya and others Case No : SLP(c) No. 5440/2020 Coram : Justices Arun Mishra and M R Shah Suits With Basic Relief Of Challenging Decree Passed By DRT Not Maintainable: SC [Read Judgment] The Supreme Court has observed that the suits with the basic relief of challenging the decree passed by the Debts Recovery Tribunal (DRT) are not maintainable.Case name: Canara Bank vs. P. Selathal Case no.: CIVIL APPEAL NOS.1863­1864 OF 2020 Coram: Justices UU Lalit, Indira Banerjee and MR Shah  Click here for monthly digest of January 2020. Next Storylast_img read more

Binghamton business owner in need of new kidney

first_imgBut with this community, they have a good feeling someone will step in. For the past 25 years or so, Mike has been an owner, allowing him to grow with his customers and the community. “This is a very close, tight-knit community and they are very helpful when something happens, the whole community comes together and helps,” said his wife, Cindy Anthony. “We are getting down to the wire now where his kidney function is down to 13 percent. Where a year ago it was 23 percent.” “Most of the people from the west side know who we are and come to us,” said Anthony. He and his family are praying that call comes sooner, rather than later. You can also email [email protected] or call the transplant team at Upstate University Hospital at (315)464-5413 and mention Mike’s name. There’s no question it’s been tough. Mike has been called twice for a transplant, but both kidneys weren’t good enough. Despite that, Mike is holding onto hope. “My kidneys are not functioning at the proper level that they’re supposed to be and at some point they’re going to be, I’ll be on dialysis because they won’t be functioning at all. We’re getting close to that point now,” he said. “A lot of the customers that we’ve got there, some of them, their parents came to us and now they keep coming,” he said. “If I could get a transplant for someone, then I’ll be in really good shape,” he said. “I don’t think our family could go through that again,” said Cindy Anthony.center_img “Oh yeah, you can get a call from them at any time that there might be a kidney. Or somebody might come forward and say they might want to donate a kidney,” he said. It’s a loss they’ve experienced before, when a loved one, Michael Castelli died waiting for a liver transplant. “People die waiting. And so many people die, I’ve been looking on the website yearly, I mean hundreds waiting for a kidney,” said Cindy Anthony. If you are able to help, click this link to fill out a questionnaire for Michael Anthony. Mike Anthony and his brothers worked at the shop after school growing up, while his father ran it. But when Mike learned he had kidney disease, his everyday life changed. Now he’s asking that same community he’s known and loved his whole life, to rally around him and help. Now its owner is asking for help, from the community he’s served for decades. BINGHAMTON (WBNG) — Anthony’s Service, a gas station and auto shop on Main Street in Binghamton, has been in business since the 1950’s.last_img read more

MLS move for St Ledger

first_img The 30-year-old centre-half had been on trial with the franchise, playing in pre-season friendlies, and has now agreed a permanent deal. Orlando are coached by former Everton player Adrian Heath and have a handful of players acquired from the English leagues in their squad. St Ledger joins the likes of Seb Hines, Luke Boden, Lewis Neal, Martin Paterson and Harrison Heath at the club, whose star name is Brazilian Kaka. “We’re delighted to have Sean on our roster, as he brings a lot of experience at the club and international level,” said Adrian Heath. “He’s a very versatile defender who is comfortable playing in several positions along the backline, which is a big bonus for the squad.” Republic of Ireland international Sean St Ledger has signed for Major League Soccer newcomers Orlando City.center_img Press Associationlast_img read more

Black Stars boss CK Akonnor visits Daniel Amartey, meets Leicester manager Brendan Rodgers

first_imgHead coach of Ghana’s Black Stars, Charles Akonnor paid a visit to Black Stars defender Daniel Amartey as he continued his journey across Europe to meet up with Ghanaian internationals.The Leicester player is currently out with an injury and has not made a single appearance this season.Even before his injury, Amartey found gametime difficult to come by under Leicester’s former boss Claude Puel.C.K Akonnor with Leicester manager Brendan RodgersHe only played nine matches last season and eight the season before.Akonnor met with Christian Atsu earlier this monthAmartey will hope to recover his place in the squad under current Leicester boss, Brendan Rodgers, with whom Akonnor also met.The defender used to be a mainstay in the Black Stars backline and has made 26 appearances for the senior national team.C.K Akonnor with Crystal Palace’s Jeff SchluppHe is the latest Ghanaian international visited by the Stars coach following similar trips to see Andre and Jordan Ayew, Jeff Schlupp and Christian Atsu.Akonnor with the Ayew brotherslast_img read more

Support builds for high-speed rail line

first_img“The entire huge cost of building the system would be paid for by the taxpayers of California. That’s true of no other large-scale infrastructure. If we build another north-south highway it would be paid for by gas tax and tolls … It makes no sense to me whatsoever from the taxpayer or traveler standpoint.”Poole believes the Rail Authority is being overly optimistic in projecting ridership of 100 million by 2030 and operating revenue of $1 billion a year.Meanwhile, Gov. Arnold Schwarzenegger has proposed slashing the Rail Authority’s budget next year to $1.2 million – down more than $13 million from the level.Kicked off the ballot in 2004 because of the state’s shaky economy, funding for the train was bumped off again in 2006 when lawmakers instead pushed for billions of dollars in bonds to fund freeway improvements.Now Schwarzenegger wants to postpone the ballot measure for a third time, instead proposing more borrowing for prisons, schools, courts and natural resources.The current route plan would zip passengers between San Diego and Sacramento at speeds up to 220 mph, with stops and extensions throughout the Inland Empire, Orange County, Los Angeles County, Central California and the Bay Area.A trip from Union Station to San Francisco is estimated to cost about $70, roughly 70 percent of the air fare, said Mehdi Morshed, executive director of the rail agency.Unlike conventional trains that run on diesel, high-speed trains run on electricity that’s continuously fed through overhead electrical lines and on specially built tracks.Critics contend the project is not a good investment for the state.Norm King, director of the Leonard Transportation Center at Cal State San Bernardino, said there is no assurance the system would draw private investors, averting the need for taxpayer subsidies.King said money would be better invested in highway projects because roads would create more congestion relief to residents than a high-speed rail could ever provide.Kopp said it’s a misconception to think that a high-speed rail would need subsidies. He said private money will come after investors see the reality of the project, which will arrive when voters approve a bond. He cited successful high-speed rails in Japan and [email protected](916) 446-6723160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set! “I think people are sick and tired of long commutes, tired of not knowing whether their plane is going to come in on time, tired of the high cost of gas and airline tickets,” Ma said in a phone interview, shortly after riding on the record-breaking French train.The California High-Speed Rail Authority is set to hold public meetings in Los Angeles this month on a proposed Southern California route that promises 27-minute rides between Union Station and Palmdale.And California voters next year could be asked to vote on a bond measure that would provide about $10 billion to build a statewide high-speed rail system.Still, the plan faces significant challenges.“I think it’s a ridiculous boondoggle,” said Robert Poole, director of transportation studies at the Reason Foundation in Los Angeles. SACRAMENTO – Supporters of a $40 billion high-speed rail line in California are revitalizing their decadelong battle for a 700-mile route that could help relieve the state’s jammed freeways. The plan for the transit corridor has languished for years, unable to overcome weak political support and strong criticism of its hefty price tag.But last week’s record-breaking run by a French TGV train that hit 357 mph has revived interest in the route that could whisk passengers between Los Angeles and San Francisco in under three hours.“I think this is the future for California,” said Assemblywoman Fiona Ma, D-San Francisco, one of several state lawmakers who traveled to France to witness the speed record.last_img read more

President Zuma discharged from hospital

first_img9 June 2014 President Jacob Zuma was discharged from a hospital in Pretoria on Sunday evening after being booked in on Friday to allow for a thorough check-up following a particularly demanding period in office, the Presidency said on Monday. “The President will continue to rest for a few days and will work mainly from home during the rest period,” Minister in the Presidency Jeff Radebe said in a statement, adding: “We thank the public for the messages of support and good wishes that have been received since the news of the hospitalisation of the President was made public.” On Thursday, the ruling African National Congress (ANC) also ordered Zuma to rest after his intense election programme. Radebe said that Zuma regularly underwent two major medical examinations each year, the first one in January and the second one in June. “This time round, the doctors felt he needed to be hospitalised for a thorough check-up following a demanding schedule. The doctors are happy with the results.” Radebe added that media reports claiming that Zuma had made “unscheduled visits” to hospitals in Durban earlier this year were incorrect. “All visits are booked in advance, and those mentioned [in the media reports] were part of the annual first-semester check-ups.” Source: read more

2 days agoArsenal legend Wright has Nketiah advice for Bielsa

first_imgAbout the authorPaul VegasShare the loveHave your say Arsenal legend Wright has Nketiah advice for Bielsaby Paul Vegas2 days agoSend to a friendShare the loveArsenal legend Ian Wright has lead the chorus of supporters asking for Eddie Nketiah to start Leeds’ next match.The 20-year-old scored his third goal of the season to rescue a point for the Whites in Tuesday’s 1-1 draw with Preston.It was Nketiah’s 11th substitute appearance, having not been started once by Marcelo Bielsa.And Gunners legend Ian Wright, who has given Nketiah advice this season, has demanded Bielsa change his starting line-up.Wright wrote simply on Twitter: “Start him.”Both Leeds and Arsenal supporters echoed the statement across social media. last_img

Louisville Commit G.G. Robinson Says It’s “Messed Up’ That The Cardinals Pulled Their Offer From Matt Colburn

first_imgThe bad side of college football recruiting was showcased by Louisville Monday night, as the Cardinals pulled their scholarship offer from commit Matt Colburn, less than two days before National Signing Day. Bobby Petrino’s program received some serious criticism from recruiting analysts following the news, including this rant from a writer that called for all South Carolina high school players to boycott Louisville. Even a Cardinals’ commit thinks Louisville was rough on Colburn, a three-star running back out of Irmo, South Carolina. G.G. Robinson, a three-star defensive end committed to Petrino’s program, tweeted the following Tuesday morning. Man what Louisville did to my boy Matt was messed up….. That’s awful— GG (@GGRobinson85) February 3, 2015What Louisville did isn’t unheard of, but doing it less than 48 hours before National Signing Day seems fairly classless. The Cardinals’ 2015 class ranks No. 31 in the country by 247 Sports’ Team Rankings.last_img read more

Environmental toxins impair fertility of future generations

first_imgExposure to environmental pollutants can cause alterations in brain development that affect sexual development and fertility for several generations, a study has found. Researchers from the University of Liege in Belgium monitored the sexual development of three generations of rats. Pregnant rats were exposed to a mixture of common endocrine-disrupting chemicals (EDCs), at doses equivalent to those commonly experienced by people. Their offspring showed impairments in sexual development and maternal behaviour that were passed on through several generations. Also Read – The Puja carnivalThe female rats born in the first and second generation showed impairments in their care for their own pups. However, the female rats in the second and third generation exhibited a delayed onset of puberty and altered reproductive cycle and ovarian follicle development, indicating that their fertility was affected, even though they were never themselves exposed to the EDCs. “Our results raise real concerns about the effects of these pollutants in our environment. We found effects of EDCs in generations of animals that had not been directly exposed to the chemicals,” said Anne-Simone Parent from the University of Liege. Also Read – Wave City brings special offers this NavratraThe findings suggest that current levels of EDCs in our environment may already be causing long-lasting harm and that people and agencies should take measures to minimise exposure. We are exposed to hundreds of these pollutants in our daily lives, as they are used in the manufacture of plastics, pesticides and medicines. However, the extent of damage being done to our health and the consequences to future generations remains unclear.last_img read more

Jet staff knock on Aviation Ministrys doors

first_imgNew Delhi: Faced with the prospect of job loss, the employees of grounded Jet Airways knocked on the doors of government for helping to save the airline. The airline staff from across various departments took out a march on Tuesday in front of Rajiv Gandhi Bhawan that houses the Civil Aviation Ministry. The employees hope government will take note of their situation and act to protect jobs. Facing severe liquidity crisis, Jet Airways suspended all its operations on April 17 leaving its almost 22,000 employees in the lurch. With the financial health of the airline worsening since then and the SBI-led lenders yet to rope in a buyer, the carrier has seen mass exodus of employees especially engineers and pilots. Also Read – Personal life needs to be respected: Cong on reports of Rahul’s visit abroad A Jet insider now estimates that the staff strength of the airline could have come down by half in over one month. “Now that elections are over we hope that government would take necessary steps to revive Jet Airways. We will try to meet Aviation Secretary Pradeep Singh Kharola and understand what government could do to protect our jobs,” said a protesting employee working with the airline’s engineering department. Another personnel said that the SBI-led lenders should expedite the stake sale process as there has already been significant delays. Also Read – Firms staying closed 10 days a month due to recession, govt doing nothing: Priyanka Gandhi While lenders are vetting various investment proposals, most of the top airline executives including its CEO, CFO and Company Secretary have resigned from their respective positions citing personal reasons. Close on the heels of resignation by the airline’s whole-time director Gaurang Shetty, Etihad nominee on the board Robin Kamark also resigned on May 16. Abu Dhabi-based Etihad Airways, which holds 24 per cent stake in the crisis-hit Jet Airways, is currently the only solicited bidder for a stake in the airline. But experts have found its bid unattractive for the lenders given multiple riders attached to it. Besides offering to invest just Rs 1,700 crore against the requirement of Rs 15,000 crore to revive the crisis-hit airline, Etihad has in its proposal put the onus of finding majority buyer on lenders. The Gulf carrier also wants exemption from giving open offer in case its stake goes beyond 26 per cent.last_img read more