2018 SCC Vol. 9 November 14, 2018 Part 4

Armed Forces — Pension — Computation: Cl. 4(a) of Navy Instruction No. 2/S/74 defined “basic pay” to denote pay “actually drawn” in scale prescribed for rank and group, which was issued to give effect to recommendations of Third Pay Commission and remained in force till 1-1-1986. It was held that appellants’ case was governed by said Instructions as they retired on 1-1-1983. Submission of respondents that submarine pay was excluded from ambit of basic pay as per Special Navy Instructions Nos. 1/S/86, 1/S/9-W and 1/S/08 liable to be rejected, since these notifications came into force subsequent to date of superannuation of appellants. Thus, submarine pay was includible in “pay” for purposes of computing Service Pension of appellants. [N.N. Godfred v. Union of India, (2018) 9 SCC 666]

Associations, Societies and Clubs — Body discharging public function but not amounting to “State” — BCCI: Draft Constitution prepared by Committee of Administrators of BCCI keeping in view recommendations of Justice Lodha Committee Report, approved. [BCCI v. Cricket Assn. of Bihar, (2018) 9 SCC 624]

Constitution of India — Art. 226 — Writs —Habeas corpus: In a habeas corpus petition the High Court must examine at the threshold whether the minor is in lawful or unlawful custody of another person. The Court must take into account the totality of the facts and circumstances whilst ensuring the best interest of the minor child. Further, the fact that the minor child will have better prospects upon return to his/her native country, may be a relevant aspect in a substantive proceedings for grant of custody of the minor child but will not be decisive to examine the threshold issues in a habeas corpus petition. For the purpose of habeas corpus petition, the Court ought to focus on the obtaining circumstances of the minor child having been removed from the native country and taken to a place to encounter alien environment, language, custom, etc. interfering with his/her overall growth and grooming and whether continuance there will be harmful. [Kanika Goel v. State (NCT of Delhi), (2018) 9 SCC 578]

Constitution of India — Arts. 25 and 26 r/w Art. 145(3) — Freedom to follow faith and manage religious affairs: 1934 Constitution of Malankara Orthodox Syrian Church, cannot be said to be in violation of Arts. 25 and 26. [Mathews Mar Koorilos v. M. Pappy, (2018) 9 SCC 672]

Constitution of India — Arts. 27, 19(1)(g), 19(6) and 14 — Haj Policy of Private Tour Operators, 2018, Annexure-A — Rejection of claim of petitioner for registration of PTO for Haj 2018: In this case petitioner applied for quota as private limited company but turnover relied upon was of proprietorship firm without offering any satisfactory explanation therefor nor submitting any relevant documents including conversion of proprietorship firm into private limited company with transfer of its assets and liabilities as alleged. Hence it was held that there was no infirmity in order dt. 31-5-2018 refusing registration for non-compliance with Clause (iv), Appendix A, Haj Policy, 2018. [Ruby Tour Services (P) Ltd. v. Union of India, (2018) 9 SCC 537]

Crimes Against Women and Children — Sexual Abuse and Rape of Minor Girls in Shelter Homes/Child Homes: Repeated interrogation, questioning, visiting/interviewing of victims regarding incident by officials and journalist is hardly conducive for the welfare and well-being of minor victims of sexual abuse and rape in Shelter Homes/Child Homes. Media must be restrained from publishing images of victims even in morphed or blurred form. Media directed to keep interests of victims in mind while dissemination of news. Process to be followed by investigating agencies dealing with case, set out. Various Authorities/Institutions directed to submit reports, for further directions. [Sampurna Behura v. Union of India, (2018) 9 SCC 555]

Criminal Procedure Code, 1973 — Ss. 320 and 482 — Compounding of offences with permission of Court: In this case related to offences under Ss. 406 and 420 IPC, as complainant was satisfied that his amount was received as per direction of Supreme Court, parties were relegated to trial court for compounding. Trial court directed to pass appropriate orders and coercive orders passed against accused withdrawn. [Raj Sharma v. State of U.P., (2018) 9 SCC 660]

Criminal Trial — Confession — Extra-judicial confession/Hearsay — Evidentiary value of: Extra-judicial confession is a weak piece of evidence. It cannot form basis for conviction, unless supported by other substantive evidence. [State of Karnataka v. P. Ravikumar, (2018) 9 SCC 614]

Family and Personal Laws — Hindu Law — Adoption — Proof of — Principles summarized: Factum of adoption and its validity has to be duly proved. Though formal ceremony of giving and taking is essential ingredient for valid adoption, long duration of time during which a person is treated as adopted cannot be ignored. Such fact by itself may carry a presumption in favour of adoption. [Kamla Rani v. Ram Lalit Rai, (2018) 9 SCC 663]

Government Grants, Largesse, Public Property and Public Premises — Recovery of possession/Re-entry by State upon Termination/Cancellation/Resumption/Lapse: In this case lease was expired a long time ago, and was not renewed, but tenants continued to be in possession. Eviction order was passed in such without opportunity of hearing. Tenant cannot claim indefeasible right to continue in premises. Balancing of this principle with fact that rights of tenants under Art. 19(1)(g) of the Constitution might be affected, open auction of such premises in bidding and allotment to highest bidder, directed. On facts, balancing rights of both parties, occupation of premises by tenant, directed not to be disturbed till bidding process is completed. [Bharmal Medical Store v. State of M.P., (2018) 9 SCC 617]

Hindu Law — Marriage and Divorce — Grounds for Divorce — Irretrievable breakdown of marriage: In this case divorce was granted ex parte by impugned judgment, thus prejudicing rights of appellant wife. It was held that logical consequence would normally be to set aside impugned judgment and remit matter for fresh consideration. However, considering that parties were willing to part company on mutually acceptable terms, appellant husband was directed to pay Rs 30 lakhs towards permanent alimony plus Rs 5 lakhs by way of gesture of goodwill towards her medical expenses finding that parties were living separately for more than a decade and there was absolutely no chance of reconciliation, no issue was born from wedlock, appellant wife ailing for long time and staying with her relatives having no independent income while respondent husband was quite resourceful residing in independent bungalow in posh colony in Pune. [Usha Uday Khiwansara v. Uday Kumar Jethamal Khiwansara, (2018) 9 SCC 569]

Motor Vehicles Act, 1988 — Ss. 149, 147 and 168 — Third-party insurance: When award has been passed against insured owner, it is to be paid by insurer and recovered from owner. Insurer is not required to file a suit. It may initiate a proceeding before executing court concerned as if dispute between insurer and owner was subject-matter of determination before Tribunal and issue is decided against owner and in favour of insurer. [Shamanna v. Oriental Insurance Co. Ltd., (2018) 9 SCC 650]

National Security Act, 1980 — Ss. 3(4) and 8 — Requirement of reporting detention to State Government “forthwith” — “Forthwith” — Connotation of: “Forthwith” does not mean instantaneous, but without undue delay and within reasonable time at the earliest possible. Further held, fact whether detention order was reported to State Government within reasonable time and without undue delay is to be ascertained from facts of each case. Delay between date of detention and date of submitting report to State Government must be due to unavoidable circumstances beyond control of authority and not because of administrative laxity. [Hetchin Haokip v. State of Manipur, (2018) 9 SCC 562]

Payment of Gratuity Act, 1972 — Ss. 4(5) and (6) — Forfeiture of gratuity — When permissible: Forfeiture of gratuity on the ground of misconduct which constitutes an offence involving moral turpitude, is permissible only if the person is convicted by a court of competent jurisdiction for the said offence. [Union Bank of India v. C.G. Ajay Babu, (2018) 9 SCC 529]

Penal Code, 1860 — S. 304 Pt. I — Culpable homicide not amounting to murder — Inference of, from nature of injury inflicted: In this case death of one was due to gunshot injury on thigh, and injuries to one other using other weapons. Conviction of accused for firing said gunshot alone, for culpable homicide not amounting to murder, and acquittal of the rest of the accused, confirmed. [State of M.P. v. Gangabishan, (2018) 9 SCC 574]

Penal Code, 1860 — Ss. 302, 201, 392 and 397 — Murder trial: High Court reversed conviction of all respondent-accused due to inconsistencies and material contradiction present in this case, hence, acquittal confirmed. [State of Karnataka v. A.B. Mahesha, (2018) 9 SCC 612]

Penal Code, 1860 — Ss. 498-A and 306 — Bride committing suicide: In this case harassment due to alleged dowry demand and cruelty meted out to deceased by appellant-accused husband, having illicit relationship with another woman, were established as causes of suicide. It was held that High Court rightly maintained conviction of appellant under Ss. 498-A and 306 IPC, with RI for 2 and 5 years, respectively. Furthermore, held, there were no grounds for reduction of sentence. [Siddaling v. State, (2018) 9 SCC 621]

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