(141) STATE OF U.P. Vs. SUDHIR KUMAR SINGH AND OTHERS [SUPREME COURT OF INDIA] 16-10-2020 Tender agreement - Termination of - Necessary presumption - Violation of terms and conditions of the tender agreement - If the officials had cancelled the earlier tender notice in their wisdom and the cancellation of those tender notice was never questioned, merely because those earlier tender notices were cancelled/ withdrawn, a necessary presumption cannot be raised that the third notice inviting tender was for some extraneous considerations - It is true that the prices this time were taken to (2020) AIRSC 5215 : (2020) 6 AllLJ 760 : (2020) 6 ALT 79 : (2020) 10 JT 8 : (2020) 8 MLJ 359 : (2020) 12 SCALE 92
(142) UMESH KUMAR SHARMA Vs. STATE OF UTTARAKHAND AND OTHERS [SUPREME COURT OF INDIA] 16-10-2020 Criminal Procedure Code, 1973 (CrPC) - Section 406 - Transfer of criminal cases - Power of - Plea for transfer of case should not be entertained on mere apprehension of a hyper sensitive person (2020) AIRSC 5488 : (2020) 10 JT 1 : (2020) 11 SCALE 562
(143) RAJASTHAN STATE ROAD DEVELOPMENT AND CONSTRUCTION CORPORATION LIMITED Vs. PIYUSH KANT SHARMA AND OTHERS [SUPREME COURT OF INDIA] 15-10-2020 Service Law - Appointment - Contractual employees - Post of Computer Operator - No regular sanctioned post - High Court has committed a grave error in passing such an interim order restraining the appellant Corporation from appointing new set of contractual employees in place of original writ petitioners - No reasons, whatsoever have been assigned by the High Court while passing the impugned interim order - High Court has failed to appreciate and consider the fact that according to the appellant (2020) AIRSC 5036 : (2020) 10 JT 88 : (2020) 11 SCALE 692
(144) SARAVANAN Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 15-10-2020 Criminal Procedure Code, 1973 - Section 167(2) - Default bail - Right of - No other condition of deposit - Where the investigation is not completed within 60 days or 90 days, as the case may be, and no chargesheet is filed by 60th or 90th day, accused gets an "indefeasible right" to default bail, and the accused becomes entitled to default bail once the accused applies for default bail and furnish bail - Therefore, the only requirement for getting the default bail/statutory bail under Section 16 (2020) AIRSC 5010 : (2020) 10 JT 40 : (2020) 4 MLJCriminal 413 : (2020) 4 RLW 3091 : (2020) 11 SCALE 556 : (2020) 9 SCC 101
(145) STATE OF U.P. Vs. GAYATRI PRASAD PRAJAPATI [SUPREME COURT OF INDIA] 15-10-2020 Penal Code, 1860 (IPC) - Sections 376(D), 376, 511, 504 and 506 - Protection of Children from Sexual Offences Act, 2012 - Sections 3 and 4 - Gang Rape - Bail on medical grounds - High Court grants two month interim bail on medical grounds - Appeal against - There was no satisfaction recorded by the High Court that treatment offered to respondent was not adequate and he requires any further treatment by any particular medical institute for which it is necessary to release the respondent on interi (2020) AIRSC 5014 : (2020) 6 AllLJ 687 : (2020) 12 SCALE 1
(146) SATISH CHANDER AHUJA Vs. SNEHA AHUJA [SUPREME COURT OF INDIA] 15-10-2020 Protection of Domestic Violence Act, 2005 - Section 2(s) - "Shared Household" - The use of the both expressions "means" and "includes" in the definition clause - Interpretation of - Shared household means where person aggrieved has lived at any time in domestic relationship either singly or with respondent - The household may be a joint family or jointly tenanted irrespective of title or ownership of property (2020) AIRSC 5397 : (2020) 6 ALT 115 : (2020) 4 CivCC 206 : (2020) 4 GujLH 416 : (2020) 10 JT 244 : (2020) 6 KLT 208 : (2020) 8 MLJ 48 : (2020) 4 RCRCriminal 745 : (2020) 11 SCALE 576
(147) GANESAN Vs. STATE REPRESENTED BY ITS INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 14-10-2020 Protection of Children from Sexual Offences Act, 2012 - Sections 7 and 8 - Sexually assaulting a minor girl - Testimony of the victim - Conviction and sentence - Victim aged 15 years at the time of deposition is matured - Even there can be a conviction based on the sole testimony of the victim, however, she must be found to be reliable and trustworthy - Sole testimony of the victim is absolutely trustworthy and unblemished and her evidence is of sterling quality - Allegations against the accused (2020) AIRSC 5019 : (2020) 10 JT 335 : (2020) 4 RLW 3199 : (2020) 12 SCALE 130
(148) HOSPITALITY ASSOCIATION OF MUDUMALAI Vs. IN DEFENCE OF ENVIRONMENT AND ANIMALS AND OTHERS ETC. [SUPREME COURT OF INDIA] 14-10-2020 Environmental Law - Elephant corridor - Vacate of Premises - Resort owners and other private land owners are directed to vacate and hand over the vacant possession of the lands falling within the notified 'elephant corridor' to the District Collector, Nilgiris - This Court appoint a 3-member Inquiry Committee consisting of: (i) Hon'ble Mr. Justice K. Venkatraman, Former Judge of the Madras High Court (Chairman); (ii) Mr. Ajay Desai, Consultant to World Wide Fund for Nature-India and Member of th (2020) 6 ALT 65 : (2020) 12 SCALE 165
(149) SUGANDHI (DEAD) BY LRS. AND ANOTHER Vs. P. RAJKUMAR REP. BY HIS POWER AGENT IMAM OLI [SUPREME COURT OF INDIA] 13-10-2020 Civil Procedure Code, 1908 (CPC) - Order 8 Rule 1A(3) - Leave of court to produce additional documents - Sub rule (3) provides a second opportunity to the defendant to produce the documents which ought to have been produced in the court along with the written statement, with the leave of the court - Discretion conferred upon the court to grant such leave is to be exercised judiciously - While there is no straight jacket formula, this leave can be granted by the court on a good cause being shown (2020) AIRSC 5486 : (2020) 4 CivCC 378 : (2020) 4 RCRCivil 881 : (2020) 12 SCALE 440
(150) ANIL BHARDWAJ Vs. THE HON'BLE HIGH COURT OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 13-10-2020 Service Law - Post of District Judge (Entry Level) - Deletion of name from selection list - Decision of Examination-cum-Section and Appointment Committee for holding the appellant unsuitable was based on the relevant consideration, i.e., a criminal case against the appellant under Section 498A/406/34 IPC was pending which was registered on a complaint filed by the wife of the appellant - Such decision of the Committee was well within the jurisdiction and power of the Committee and cannot be said (2020) AIRSC 4971 : (2020) 10 JT 45 : (2020) 12 SCALE 42
(151) HANUMAPPA (SINCE DECEASED) BY HIS LRS. AND OTHERS Vs. THE STATE OF KARNATAKA AND OTHERS [SUPREME COURT OF INDIA] 13-10-2020 Limitation Act, 1963 - Section 5- Condonation of Delay – Status quo during the pendency of the Special Leave Petition - Whether the petitioner has made out a case for continuation of the order of statusquo during the pendency of the Special Leave Petition - Held, Special Leave Petition was filed in the year 2017 with a delay of 546 days - However, Review Petition itself was filed with a delay of 380 days from the date of disposal of the Writ Appeal and in any event the petitioner herein cannot c (2020) AIRSC 4891
(152) CHOWGULE AND COMPANY PRIVATE LIMITED Vs. GOA FOUNDATION AND OTHERS [SUPREME COURT OF INDIA] 13-10-2020 Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016 - Rule 12(1)(hh) - Extension of time for the transportation of the mineral alleged to have been mined before 15.03.2018 - Therefore, Goa Foundation may be right in contending that the State Government should have invoked Rule 12(1)(hh) to confiscate the mineral allegedly lying at site for the past more than 2 and Half years. But the difficulty today is that Rule 12(1)(hh) was not pressed into service before thi (2020) AIRSC 4870 : (2020) 12 SCALE 434
(153) SRI MUNIRAJU GOWDA P.M. Vs. SRI MUNIRATHNA AND OTHERS [SUPREME COURT OF INDIA] 13-10-2020 Representation of the People Act, 1951 - Section 101 - Grounds for which a candidate other than the returned candidate may be declared to have been elected - Election petitioner cannot be allowed to suddenly wake up to the reality of lack of pleading of material facts, relating to his rights in terms of section 101 after more than 18 months of the filing of the election petition - The same is also barred by limitation (2020) 10 JT 343 : (2020) 12 SCALE 36 : (2020) 10 SCC 192
(154) RAGHUNATH (D) BY LRS. Vs. RADHA MOHAN (D) THR. LRS. AND OTHERS [SUPREME COURT OF INDIA] 13-10-2020 Rajasthan Pre-Emption Act, 1966 - Section 9 - Loss of right of pre-emption on transfer - A right is available once - whether to take it or leave it to a person having a right of pre-emption - If such person finds it is not worth once, it is not an open right available for all times to come to that person - The aforesaid being the position, this would itself be an impediment in exercise of the right of preemption in a subsequent transaction (2020) AIRSC 5026 : (2020) 4 RLW 3173 : (2020) 12 SCALE 154
(155) AMAR SINGH AND OTHERS Vs. THE STATE (NCT OF DELHI) [SUPREME COURT OF INDIA] 12-10-2020 Penal Code, 1860 (IPC) - Section 302 and 34 - Arms Act, 1959 - Section 27 - Murder - Conviction of the appellants rests on the oral testimony of PW1 who was produced as eye witness - Both Sessions, as well as High Court have placed reliance on the evidence of PW-1 and ordinarily this Court could be reluctant to disturb the concurrent view but since there are inherent improbabilities in the prosecution story and the conduct of eye witness is inconsistent with ordinary course of human nature - Thi (2020) AIRSC 4894 : (2020) 10 JT 151 : (2020) 4 MLJCriminal 344 : (2020) 2 OriLawRev 908 : (2020) 12 SCALE 25
(156) ANAND YADAV AND OTHERS Vs. STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 12-10-2020 Education Law - Appointment to post of Assistant Professor - M.Ed. degree is a postgraduate degree - There is no doubt about the M.Ed. degree being a post graduate degree, in view of not only what the UGC stated, but having promulgated the relevant Regulations as far back as 2010 as amended from time to time. The issue of equivalence has been rightly considered by the NCTE and while recognising some distinct aspects of two the degrees, it has clearly stated that for the job of Assistant Professo (2020) AIRSC 5383 : (2020) 7 MLJ 851 : (2020) 12 SCALE 77
(157) BIKRAMJIT SINGH Vs. THE STATE OF PUNJAB [SUPREME COURT OF INDIA] 12-10-2020 Unlawful Activities (Prevention) Act, 1967 - Section 13 - Criminal Procedure Code, 1973 (CrPC) - Section 167(2) - Constitution of India, 1950 - Article 21 - Unlawful activities - Right to default bail - Fundamental right granted to an accused person to be released on bail once the conditions of the first proviso to Section 167(2) are fulfilled (2020) 10 JT 53 : (2020) 4 MLJCriminal 376 : (2020) 4 RCRCriminal 713 : (2020) 4 RLW 3056 : (2020) 12 SCALE 51
(158) FERRODOUS ESTATES (PVT.) LIMITED Vs. P. GOPIRATHNAM (DEAD) AND OTHERS [SUPREME COURT OF INDIA] 12-10-2020 Specific Relief Act, 1963 - Section 20 - Suit for specific performance - Suit for specific performance filed within limitation cannot be dismissed on the sole ground of delay or laches - However, an exception to this rule is where immovable property is to be sold within a certain period, time being of the essence, and it is found that owing to some default on the part of the plaintiff, the sale could not take place within the stipulated time - Once a suit for specific performance has been filed, (2020) AIRSC 5041 : (2020) 6 ALT 19
(159) NILAY GUPTA Vs. CHAIRMAN NEET PG MEDICAL AND DENTAL ADMISSION/COUNSELLING BOARD 2020 AND PRINCIPAL GOVT. DENTAL COLLEGE AND OTHERS [SUPREME COURT OF INDIA] 09-10-2020 Postgraduate Medical/Dental Admissions - NRI quota - Non compulsory - Private colleges and institutions which offer such professional and technical courses, have some elbow room: they can decide whether, and to what extent, they wish to offer NRI or management quotas (the limits of which are again defined by either judicial precedents, enacted law or subordinate legislation) - It is evident that the NRI quota is neither sacrosanct, not inviolable in terms of existence in any given year, or its (2020) 3 ESC 818 : (2020) 10 JT 163 : (2020) 8 MLJ 17 : (2020) 12 SCALE 6
(160) ASHISH SETH Vs. SUMIT MITTAL AND OTHERS - ALLEGED CONTEMNORS[SUPREME COURT OF INDIA] 09-10-2020 The dispute is between the two groups - Seth Group and Mittal Group. Both, the Seth Group and Mittal Group entered into a Memorandum of Settlement (MOS) dated 4.5.2015, which ultimately was made a part of this Court's order dated 5.5.2015, disposing of Writ Petition (Criminal) No. 5 of 2015 and Writ Petition (Criminal) No. 11/2015. Non-compliance of the order passed by this Court in the aforesaid writ petitions is the subject matter of the present contempt petition No. 34/2016 initiated by the S (2020) 11 SCALE 666