Supreme Court Monthly Roundup – January 2019

TOP STORIES

Insolvency and Bankruptcy Code upheld in entirety

The provisions contained in the Insolvency and Bankruptcy Code, 2016 pass the constitutional muster. The Code is a beneficial legislation which puts the corporate debtor back on its feet, not being a mere recovery legislation for creditors.

Maharashtra Dance Bars Law partially upheld

The bench of Dr. AK Sikri and Ashok Bhushan held that the State must have an “open mind” in matters relating to staging dance performances in dance bars. State cannot take exception to staging dance performances per se. It appears from the history of legislative amendments made from time to time that the respondents have somehow developed the notion that such performances in the dance bars do not have moralistic basis.

CBI Director Alok Verma reinstated with riders

3-judge bench of Ranjan Gogoi, CJ and SK Kaul and KM Joseph, JJ ordered reinstatement of Alok Verma but directed that his role as the Director, CBI during the interregnum and in terms of this order will be confined only to the exercise of the ongoing routine functions without any fresh initiative, having no major policy or institutional implications.

MORE STORIES

Retrenched worker can’t claim preference over regularised employee for re-employment under Section 25(H) of ID Act

By regularisation, the employers do not offer any fresh employment to any person to fill any vacancy in their set up but they simply regularize the services of an employee already in service.  Such act does not amount to filling any vacancy. Hence, the regularization of an employee already in service does not give any right to retrenched employee so as to enable him to invoke Section 25(H) of the ID Act for claiming reemployment in the services.

Amendment to S. 80DD of IT Act suggested to give benefit to disabled persons even during the lifetime of guardian

The benefit of the insurance to the handicapped persons to get annuity or lumpsum amount during the lifetime of the parent/guardian of such a handicapped person, whereas the beneficiaries of other life insurance policy are getting annuity during the lifetime of the person who has taken insurance policy. This violates the fundamental right of equality of the handicapped person enshrined in Article 14 of the Constitution

Criminal proceeding under S. 307 IPC can’t be quashed on the basis of complainant and accused’s settlement

Despite any settlement between the Complainant on the one hand and the accused on the other, the criminal proceedings for the offences under Section 307 of the IPC cannot be quashed, as the offence   under   Section   307   is   a   non­compoundable   offence.

Contempt jurisdiction cannot be invoked on the basis of impressions

The contempt would be made out when there is wilful disobedience to the orders of this Court and not when the order of the Court does not contain any direction.

Reliance’ s plea challenging MERC Tariff Regulation ‘affecting’ one of it’s thermal plants dismissed

MERC is an expert body which is entrusted with the duty and function to frame regulations, including the terms and conditions for the determination of tariff. It is no part of the function of the Court to substitute its own determination for a determination which was made by an expert body after due consideration of material circumstances.

Original specifications made by the manufacturer of the vehicle can’t be altered

The Bench of Arun Mishra and Vineet Saran, JJ held that no vehicle can be altered so as to change original specification made by manufacturer. Such particulars cannot be altered which have been specified by the manufacturer for the purpose of entry in the certificate of registration.

Child born out of an irregular marriage is legitimate and entitled to inherit his father’s property

The legal effect of a fasid marriage is that in case of consummation, though the wife is entitled to get dower, she is not entitled to inherit the properties of the husband.  But the child born in that marriage is legitimate just like in the case of a valid marriage, and is entitled to inherit the property of the father.

40-50% disability limit for the post of Civil Judge is logical considering the nature of the job

A judicial officer in a State has to possess reasonable limit of the faculties of hearing, sight and speech in order to hear cases and write judgments and, therefore, stipulating a limit of 50% disability in hearing impairment or visual impairment as a condition to be eligible for the post is a legitimate restriction i.e. fair, logical and reasonable.

NDMC Bye-laws introducing ‘Unit Area Method’ for determining ‘rateable value’, violative of the NDMC Act

The Impugned Bye-laws that provide UAM, which is based on the annual value of the property, are foreign to the methodology provided in Section 63 of the NDMC Act. Such Bye-laws are, thus, ultra vires the provisions of NDMC Act.

Appellant Courts should be careful while rejecting application for filing ‘crucial’ additional evidence

When Statute grants right to appeal to an accused, he has right to take all steps and take benefit of all powers of the Appellate Court in the ends of the justice.

Settled possession of a property means effective and undisturbed possession

A person who asserts possessory title over a particular property will have to show that he is under settled or established possession of the said property. But merely stray or intermittent acts of trespass do not give such a right against the true owner

Secured creditor can file winding up petition even after obtaining a recovery certificate from DRT

When secured creditors are driven from pillar to post to recover what is legitimately due to them, in attempting to avail of more than one remedy at the same time, they do not “blow hot and cold”, but they blow hot and hotter.

Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 doesn’t prohibit ADM from passing orders

In the Statutory Scheme of the Adhiniyam, 1990, there is no provision, which prohibit passing an order by an officer lower than the rank of District Magistrate.

Appeal against order passed under Section 51 of FERA lies before Appellate Tribunal only

The order passed by the Adjudicating Officer under Section 51 of Foreign Exchange Regulation Act, 1973 whether filed prior to 01.06.2000 or filed after 01.06.2000 must be the same, i.e., Appellate Tribunal under Foreign Exchange Management Act, 1999

Legitimate expectation is not a wish or desire that can be demanded as a right

Resolution of the Board of an Institute to implement a retirement benefit scheme from its own resources will not bind the State Government to pay the amount of pension to the employees of the Institute.

Erstwhile Directors of corporate debtor must be given the resolution plans for attending CoC meetings

Members of the erstwhile Board of Directors, being vitally interested in resolution plans that may be discussed at meetings of the committee of creditors, must be given a copy of such plans as part of “documents” that have to be furnished along with the notice of such meetings.

IN OTHER NEWS

Join the discussion

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.