SCC Online
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Volume 8
NEWSLETTER ISSUE 453
"Criminal jurisprudence mandates balancing the rights of the accused and the prosecution."
— Navin Sinha, J. in Varinder Kumar v. State of H.P., (2020) 3 SCC 321, para 15
 
Case
Briefs

SUPREME COURT

Even non-payment of entire sale consideration cannot be a ground cancellation of sale deed
[Dahiben v. Arvindbhai Kalyanji Bhanusali, 2020 SCC Online SC 562, decided on 09-07-2020]

Migrant Labourers: SC pulls up Maharashtra for lapses; says “this is not an adversarial litigation”
[In re : Problems and Miseries of Migrant Labourers, 2020 SCC Online SC 563, order dated 09-07-2020]

SC clarifies law on admissibility of electronic evidence without certificate under Section 65B of Evidence Act, 1872
[Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, 2020 SCC Online SC 571, decided on 14-07-2020]

Notice to Centre on petition seeking payment of maternity benefit to all pregnant and lactating women
[Peoples Union for Civil Liberties v. Union of India, 2020 SCC Online SC 573, order dated 14-07-2020]

SC upholds Travancore royal family’s right in administration of Sree Padmanabhaswamy Temple in Kerala
[Sri Marthanda Varma (D) v. State of Kerala, 2020 SCC Online Mad 1332, decided on 13-07-2020]

HIGH COURTS

BOMBAY HIGH COURT

Abortion is often the only way out in a very difficult situation for a woman; Medical termination of pregnancy beyond 20 weeks can be permitted only on limited grounds
[Rubina Kasam Phansopkar v. State of Maharashtra, 2020 SCC Online Bom 765, decided on 07-07-2020]

DELHI HIGH COURT

Del HC berates lethargy of DU administration in not issuing degree certificate for “lack of paper”: DU to streamline process of issuing degree with fixed timeline
[Dhritiman Ray v. University of Delhi, 2020 SCC Online Del 735, decided on 07-07-2020]

Remedy regarding service matters for members of All India Services lies only with CAT
[Prabhat Ranjan Deo v. UPSC, 2020 SCC Online Del 738, decided on 13-07-2020]

Schools free to decline Online Education Facility to students whose parents fail to pay tuition fees
[Queen Mary School Northend v. Director of Education, 2020 SCC Online Del 736, decided on 08-07-2020]

Pulling down leggings of child victim and touching of thighs is evident of sexual intent and constitutes an offence of sexual assault under S. 7, POCSO Act
[Rajender v. State, 2020 SCC Online Del 724, decided on 03-07-2020]

HIMACHAL PRADESH HIGH COURT

Bail refused on grounds of contraband being of commercial quantity under S. 20 of NDPS Act
[Neelam v. State of Himachal Pradesh, 2020 SCC Online HP 937, decided on 10-07-2020]

KARNATAKA HIGH COURT

Court directs RBI to monitor implementation of the Circular relating to regulatory package during COVID times
[Velankani Information Systems Ltd. v. Union of India, 2020 SCC Online Kar 835, decided on 08-07-2020]

KERALA HIGH COURT

Rape accused freed as prosecution fails to prove act committed without victim’s consent
[Shaik Shiyavulla v. State of Kerala, 2020 SCC Online Ker 2631, decided on 09-07-2020]

If consent given out of love and passion on a promise of marriage, sexual intercourse is not rape: Court while granting pre-arrest bail to rape accused
[Shanil v. State of Kerala, 2020 SCC Online Ker 2625, decided on 06-07-2020]

Surrender can never be considered as consensual acts of sexual intercourse; Sexual intercourse welcomed could be accepted as “consensual”
[Thankappan P.K. v. State of Kerala, 2020 SCC Online Ker 2587, decided on 29-06-2020]

MADRAS HIGH COURT

Police failed to state how anti-CAA protest by accused was unlawful: Court quashes criminal case against accused booked for anti-CAA protest
[Shamsul Huda Bakavi v. State, 2020 SCC Online Mad 1298, decided on 26-06-2020]

TN Custodial Deaths | Madras HC appeals to print, visual and social media not to misinterpret observations made during hearings & not to conduct media trial
[Registrar (Judicial) v. State of Tamil Nadu, 2020 SCC Online Mad 1332, decided on 9-07-2020]

MADHYA PRADESH HIGH COURT

Provisions of Muslim Women (Protection of Rights on Marriage) Act, 2019 are applicable only against husband and not in-laws
[Rafique Ahmed v. State of M.P., 2020 SCC Online MP 1521, decided on 08-07-2020]

PUNJAB & HARYANA HIGH COURT

Provisions of SC/ST Act should extend in its chain of thought process to all foreigners in India, they shouldn’t be called by any derogatory name
[Amarjit Singh v. State of Punjab, 2020 SCC Online P&H 881, decided on 01-07-2020]

TRIPURA HIGH COURT

Woman who lived like wife, cannot be deprived of maintenance: Court grants maintenance to woman who lived like wife for 10 yrs
[Sri Bibhuti Ranjan Das v. Gouri Das, 2020 SCC Online Tri 280, decided on 07-07-2020]

TRIBUNALS/COMMISSIONS & REGULATORY BODIES

INCOME TAX APPELLATE TRIBUNAL

Bar Council of Delhi’s dominant purpose is advancement of general public utility: Held entitled for registration under S. 12-AA and consequent exemption under S. 80-G, Income Tax Act
[Bar Council of Delhi v. CIT (Exemption), 2020 SCC Online ITAT 340, decided on 02-07-2020]

COMPETITION COMMISSION OF INDIA

Swiggy has no role in pricing of products on its platform: Unfair pricing complaint rejected
[Prachi Agarwal v. Swiggy, 2020 SCC Online CCI 22, decided on 19-06-2020]

FOREIGN COURTS

SUPREME COURT OF THE UNITED STATES

US SC asks President Trump to release his financial records to NY prosecutors but not to Congress
[Donald J. Trump v. Cyrus R. Vance, Jr., No. 19–635 and Trump v. Mazars USA LLP, No. 19–715, 2020 SCC Online US SC 3, decided on 09.07.2020]

 
Cases Reported
In SCC

2020 SCC Vol. 3 (Page 184-End)

Re Ss. 11 and 8, Arbitration and Conciliation Act, 1996 excluded/excepted matters i.e. matters excluded from the purview of arbitration agreement and referable to a named person/authority for adjudication, by consent of parties is non-arbitrable. [Mitra Guha Builders (India) Co. v. ONGC, (2020) 3 SCC 222]

Re S. 149 CPC, 1908 power to make up deficiency of court fees should not be permitted to be misused to abuse process of court. [Atma Ram v. Charanjit Singh, (2020) 3 SCC 311]

Re Art. 21, Constitution of India societal interest mandates that law laid down in Mohan Lal, (2018) 17 SCC 627 cannot be allowed to become springboard seeking acquittal irrespective of all other considerations pursuant to investigating and prosecution when law in that regard was unclear. Applying prospective declaration of law, it is deemed that all actions taken contrary to declaration of law, prior to day of declaration are validated. [Varinder Kumar v. State of H.P., (2020) 3 SCC 321]

Re Art. 366(29-A)(d) r/w Arts. 246(4), 286 and 297, Constitution of India qua jurisdiction of State to levy sales tax when vessel/ship/tug involved is used in territorial waters of India, deemed sale takes place at the site where right to use the goods is transferred i.e. it is of no relevance where goods are delivered under the right to transfer to use them. [Great Eastern Shipping Co. Ltd. v. State of Karnataka, (2020) 3 SCC 354]

Re Arts. 19(1)(a) & (2), Constitution of India freedom of speech and expression through medium of internet enjoys constitutional protection under Art. 19(1)(a). Any restriction must be in accordance with Art. 19(2), inclusive of the test of proportionality. [Anuradha Bhasin v. Union of India, (2020) 3 SCC 637]

Re determination of cause of incident of fire i.e. whether accidental or caused by insured,, as long as insured is not the person who caused the fire, Insurance Company cannot escape its liability in terms of insurance policy. [Canara Bank v. United India Insurance Co. Ltd., (2020) 3 SCC 455]

Re S. 389 CrPC, 1973 Punitive harshness should be minimised and restorative devices to redeem the man, even through community service, meditative drill, etc. should be innovated. [Prahladbhai Jagabhai Patel v. State of Gujarat, (2020) 3 SCC 341]

Re  S. 482 CrPC, 1973 to establish dishonest intention at time of entering of contract, it is necessary to implead the company, and to make specific allegations against officer(s) of company against whom proceedings have been filed, to either constitute their direct liability or vicarious liability. [Sushil Sethi v. State of Arunachal Pradesh, (2020) 3 SCC 240]

Re S. 130-A r/w S. 129-B, Customs Act, 1962 calling for a statement from the Tribunal by High Court is not mandatory in every case, where a reference is made. [CCE v. Adani Exports Ltd., (2020) 3 SCC 754]

Re Ss. 13 and 9, Hindu Marriage Act, 1955 qua facts that may be considered, framing of substantial question of law on basis of criminal complaint having been filed subsequent to filing of divorce petition by husband on ground of mental cruelty, not proper. [Mangayakarasi v. M. Yuvaraj, (2020) 3 SCC 786]

Re S. 43-B, Income Tax Act, 1961 deduction of MODVAT credit of excise duty that remains unutilised at the end of relevant accounting year, not permissible. Unutilised credit in MODVAT scheme cannot be considered as a sum actually paid by assessee. [Maruti Suzuki (India) Ltd. v. CIT, (2020) 3 SCC 718]

Re S. 27 & Arts. 65 and 64, Limitation Act, 1963 person claiming acquisition of title by adverse possession can file a suit for declaration of title and possession, based on his adverse possession. [Narendra Kumar Tripathi v. Karuna Auddy, (2020) 3 SCC 220]

Re S. 18, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, waiver of pre-deposit condition for filing an appeal before DRAT is not permissible, even when auction-sale is challenged by guarantor and not primary borrower. [Union Bank of India v. Rajat Infrastructure (P) Ltd., (2020) 3 SCC 770]

Resignation cannot be deemed as “voluntary retirement” on completion of qualifying service for purposes of pensionary benefits. [BSES Yamuna Power Ltd. v. Ghanshyam Chand Sharma], (2020) 3 SCC 346]

Re S. 16(c), Specific Relief Act, 1963 not necessary for plaintiff to produce ready money to establish its readiness and willingness to pay the consideration, but  mandatory on his part to prove that he had means to generate consideration amount within time-frame contemplated in contract. [C.S. Venkatesh v. A.S.C. Murthy, (2020) 3 SCC 280]

 
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