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JUDICIAL TRAINING & RESEARCH INSTITUTE, U.P., LUCKNOW Quarterly Digest CONSTITUTIONAL, CIVIL, CRIMINAL & REVENUE LAWS (Covering important judgments of Supreme Court and Allahabad High Court) January – March, 2016 Volume: XL1I Issue No.: 1 1 Hon’ble Mr. Justice S.U. Khan Chairman [Patron] EDITOR-IN-CHIEF Mahboob Ali Director EDITOR-IN-CHARGE R.M.N. Mishra Additional Director (R EDITORS Sudhir Kumar – V, Addl. Director (Trg.) R.M.N. Mishra, Addl. Director Pradeep Kumar Singh, Addl. Director (Admin.) Pankaj Jaiswal, Dy. Director FINANCIAL ADVISOR Onkar Prasad Srivastava, Additional Director (Finance) ASSOCIATE B.K. Mishra, Research Officer ASSISTANCE Smt. Rashmi Gupta Girish Kumar Singh Anoop Kumar 2 FROM THE CHAIRMAN’S DESK On 13.05.2016 the last working day of the Supreme Court before summer vacations four new Judges of the Supreme Court took oath including Dr. Justice D.Y. Chandrachud, Chief Justice of Allahabad High Court and Mr. Justice Ashok Bhushan, Chief Justice, Kerala High Court who is from the Allahabad High Court and was appointed as Chief Justice of Kerala High Court about 2 years before. The other two Judges are Mr. Justice Ajay Manikrao Khanwilkar, Chief Justice, High Court of Madhya Pradesh and Mr. L. Nageshwar Rao who has been an Advocate of Supreme Court. Now there are only two vacancies in the Supreme Court. President rule in Uttarakhand has been revoked after floor test in the assembly on 10.5.2016 and Mr. Rawat has returned as Chief Minister. The result of the voting was kept in sealed cover and handed over to the Supreme Court where it was opened on the next day. Earlier Congress Government headed by Chief Minister Mr. Harish Rawat was removed and president rule was imposed on the ground that it no more enjoyed majority. The matter was brought first before the Uttarakhand High Court and thereafter before the Supreme Court. Following the Constitution Bench judgment of S. R. Bommai 1994 Supreme Court insisted that the majority must be shown on the floor of the Assembly and not anywhere else. Nine MLAs of the Ruling Party who formed a separate group were disqualified on the ground that they were less than 1/3rd of the total M.L.As. of the party hence their defection was illegal. The Speaker disqualified them. The disqualification order was neither stayed by the High Court of Uttarakahnd nor by the Supreme Court. Accordingly, those 9 MLAs did not participate in the voting on 10.05.2016. Similar situation had developed in U.P. in 1998 and the Allahabad High 3 Court had declared the appointment of Mr. Jagdambika Pal as Chief Minister by the Governor to be illegal. Under direction of the Supreme Court (reported in Jagdambika Pal v. Union of India AIR 1998 SC 998) floor test was held in the Assembly on 26.2.1998 in which the previous Chief Minister Sri Kalyan Singh proved his majority and was immediately restored, as C.M. At present, about 1/3rd of the Country is facing severe drought due to less rains during last 2 years. The Supreme Court is also monitoring the situation. It gave a 53 page judgment on 11.5.2016 noticing that the Center and affected States were showing lack of will in combating drought and saving lives which was described as national disaster. On 11.5.2016 Supreme Court also quashed the regulation of Telecom Regulatory Authority of India (TRAI) regarding call drops. In 2010 and 2012 Medical Council of India and Dental Council of India issued 4 notifications introducing All India Combined National Eligibility cum Entrance Test (NEET). The Supreme Court in Christian Medical College Vellore v. Union of India, 2014 (2) SCC 305 quashed the notifications. However on 11.4.2016 through order passed by a Constitution Bench reported in Medical Council of India v. Christian Medical College Vellore AIR 2016 SC 1774 the judgment was recalled on review petition and matters were directed to be heard again. The effect of the order is that from the current academic year admission to all medical and dental colleges will have to be made on the basis of NEET and no college or group of colleges, private or government, will be entitled to hold entrance test. The first entrance examination was held on 1.5.2016. Those who could not appear in the said examination can appear in the next examination to be held in July. Uttar Pradesh formally cancelled Combined Pre-medical Test (CPMT) 2016 on 12.05.2016. The test was to be held on 17.5.2016 in which 4 over one lakh candidates were to appear for 3200 seats. The Central Government and various State Governments particularly of Maharashtra under the pressure of students and medical colleges have once again applied to the Supreme Court as reported in the news paper of 13.5.2016, for postponing the NEET by one more year and permitting different colleges or group of colleges to hold their own entrance tests. On 13.5.2016 Supreme Court dismissed the case challenging the validity of criminal defamation law contained in Sections 499 and 500 I.P.C. There is widespread criticism of the judgment. In the editorial of Times of India dated 16.5.2016 (Lucknow Edition) it has been described as disappointing. In early May, 2016, son of a MLC belonging to the Ruling Party killed a person for overtaking his car in Bihar. Showing remarkable sense of responsibility the Government managed to arrest the accused quickly. If high handedness of higher ups particularly those who belong to the ruling party is checked with stern hand it sends a very strong message to the investigating agencies and instill confidence in the public. Vijay Mallya who is indebted to the different banks to the tune of several thousands of crors of rupees managed to leave the Country in early April, 2016. British Government has refused the request of the Indian Government to deport him back to India, however, Britain offered to consider extradition of Vijay Mallya. However this takes a long time as the procedure is quite cumbersome. The following latest leading authorities of the Supreme Court have been digested in this issue: 1. New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage Pvt. Ltd. AIR 2016 SC 86 (3 judges) (written statement cannot be permitted to be filed after 90 days from the date of service of summons just as reply under Consumer Protection Act cannot be permitted 5 to be filed beyond 45 days from the date of service of notice. Kailash v. Nanku AIR 2005 SC 2441, taking contrary view held per incuriam.) 2. Bussa Overseas and Properties (P) Ltd. v. Union of India, AIR 2016 SC 938 (Appeal against rejection of review application is not maintainable without challenging the basic judgement.) 3. Shreya Vidyarthi v. Ashok Vidyarthi AIR 2016 SC 139 (A Hindu widow even though cannot be coparcener still she can act as such in the capacity of guardian of her minor son, who is to be Karta.) 4. Adi Saiva Sivachariyargal Nala Sangam v. Government of Tamil Nadu 2016 SC 209 ( Appointment of temple priest cannot be denied on the basis of cast, birth or other reasons not constitutionally acceptable) (case from Tamil Nadu) 5. Prem Nath Bali v. Registrar High Court of Delhi, AIR 2016 SC 101 (In case of delay of 9 years in completing disciplinary proceedings, the suspension period shall be calculated for determining pension if delay was not solely due to the employee.) 6. Shakti Kumar Gupta v. State of J & K, AIR 2016 SC 853 (Judicial Officer cannot be given average entry in the ACR merely on the ground that he has not submitted his Self Assessment Report.) 7. Lal Shah Baba Dargah Trust v. Magnum Developers AIR 2016 SC 381 (After amendment of 2013 in Sections 83, 85 of Wakf Act and until constitution of 3 Member Wakf Tribunal One Member Wakf Tribunal (Civil Judge) continues to have jurisdiction to decide matters. 6 8. Vishal N. Kalsaria v. Bank of India AIR 2016 SC 530 (SARFAESI Act 2000 does not override the provisions of Rent Control Act. Tenant of the property given in security cannot be evicted except through proceedings under the Rent Control Act.) Justice S.U. Khan Chairman, JTRI 7 SUBJECT INDEX (Supreme Court) Sl.No. Name of Act P.No. 1. Administrative Law 1 2. Arbitration Act 1 3. Bail 3 4. Civil Procedure Code 4 5. Constitution of India 12 6. Contract Act 16 7. Contract and Specific Relief 16 8. Criminal Procedure Code 17 9. Criminal Trial 25 10. Dowry Prohibition Act 31 11. Education Act 32 12. Evidence Act 33 13. Family Laws 36 14. Hindu Adoption and Maintenance Act 37 15. Indian Penal Code 38 16. Insurance Act 44 17. Interpretation of Statutes 44 18. Land Acquisition Act 46 19. Motor Vehicles Act 47 20. Narcotic Drugs and Psychotropic Substances Act 48 21. Negotiable Instrument Act 49 22. Practice & Procedure 50 23. Prevention of Corruption Act 51 24. Process for Death Warrant 53 25. Right to Fair Compensation and Transparency in Land 55 Acquisition, Rehabilitation and Resettlement Act 26. Right to Information Act 57 27. Service Laws 58 28. Rent Control Act 60 29. Sentencing 61 30. Specific Relief Act 62 31. Trade Mark Act 63 32. 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