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Total No. of Cases: 9

2014 SCCL.COM 501(Case No: Civil Appeal Nos. 2545-2546 of 2012)
Maj. Gen. Kapil Mehra & others Appellants versus Union of India & another Respondents
Date of Decision(mm/dd/yy): 10/17/2014.
Judge(s): Hon'ble Mr. Justice T.S. Thakur and Hon'ble Mr. Justice R. Banumathi  .
Subject Index: Land acquisition — award of compensation — appeals against the impugned order — aggrieved by the award, the appellants filed Reference Petition under Section 18 of the Act before the Additional District Judge (LAC), Delhi. In the reference court, the appellants produced four documents Exs A7 to A10-perpetual lease deeds of residential plots in Vasant Kunj, executed between September 1995 to December 1996 at the rates ranging from Rs.28,719/- to Rs.47,542/- per sq. yard. The reference court held that the lease deeds of auction of a developed plot by a public authority are not a proper guide for determining the fair market value of the acquired lands and reference court discarded the exemplars- Exs A7 to A10 lease deeds and rejected the claim of the appellants for enhancement of compensation — being aggrieved by the quantum of compensation and award of proportionate cost, the appellants are before this court — special leave petition was dismissed by a speaking order and the said order merges with the High Court order and the same is binding upon the appellant and in separate appeals, the appellants cannot challenge the adequacy of the compensation and the present appeals are not maintainable — ordinarily, when a litigant succeeds in part and fails in part, the equitable order made is that he should receive proportionate costs. When considering the appellants’ claim in C.M. No. 735 of 2011, in exercise of its discretion, the High Court rightly awarded proportionate costs and accordingly directed payment of such proportionate costs of over and above Rs.20,000/- as originally ordered. Merely because the appellants claimed compensation at the rate of Rs.50,000/- per sq.yard, the respondents cannot be saddled with the liability of paying the entire costs and the court fees paid by the appellants. There is no improper exercise of discretion by the High Court in awarding proportionate costs.  

2014 SCCL.COM 498(Case No: Civil Appeal Nos.9844-9846 of 2014 (Arising out of Special Leave Petition (C) Nos. 23051-23053 of 2009))
Pradeep Kumar Maskara and others Appellants versus State of West Bengal and others Respondents
Date of Decision(mm/dd/yy): 10/17/2014.
Judge(s): Hon'ble Mr. Justice M.Y. Eqbal and Hon'ble Mr. Justice Pinaki Chandra Ghose  .
Subject Index: West Bengal Land Reforms Act — applicability of — whether Chapter IIB of the West Bengal Land Reforms Act would be applicable qua the appellants in view of the fact that they belonged to a place which was in erstwhile State of Bihar and by virtue of the State Reorganisation Act, their lands were included in the State of West Bengal was decided against the appellants relying on the judgment in case of Ganga Dhar Singh & Ors. vs. State of West Bengal and Ors., 1997 (II) CHN 140.  

2014 SCCL.COM 495(Case No: Civil Appeal No . 9849 of 2014 (Arising out of SLP (C) No. 18639 of 2012))
State of Uttar Pradesh & others Appellants versus Arvind Kumar Srivastava & others Respondents
Date of Decision(mm/dd/yy): 10/17/2014.
Judge(s): Hon'ble Mr. Justice J. Chelameswar and Hon'ble Mr. Justice A.K. Sikri  .
Subject Index: Laches and delay in filing claim — persons who did not challenge the wrongful action in their cases and acquiesced into the same and woke up after long delay only because of the reason that their counterparts who had approached the Court earlier in time succeeded in their efforts, then such employees cannot claim that the benefit of the judgment rendered in the case of similarly situated persons be extended to them. They would be treated as fence-sitters and laches and delays, and/or the acquiescence, would be a valid ground to dismiss their claim.

2014 SCCL.COM 494(Case No: Criminal Appeal No. 2267 of 2014 (Arising out of Special Leave Petition (Crl.) No.1453 of 2013))
Kuldeep Kaur Appellant versus State of Uttarakhand Respondent
Date of Decision(mm/dd/yy): 10/17/2014.
Judge(s): Hon'ble Mr. Justice M.Y. Eqbal and Hon'ble Mr. Justice Pinaki Chandra Ghose  .
Subject Index: Indian Penal Code, 1860 — section 306 — conviction under — affirmed by DB of High Court — the High Court also dismissed the appeal preferred by the State against the judgment of acquittal passed by trial court — the evidence adduced as against the appellant does not establish the case under Section 306 of the Code. On the basis of evidence of the prosecution witnesses, conviction of the appellant only cannot be sustained — court does not find any strong reason to agree with the judgment of conviction passed by the trial court and affirmed by the High Court as against the appellant — the judgment of conviction of the appellant under Section 306 IPC is set aside.

2014 SCCL.COM 493(Case No: Criminal Appeal No. 2228-2265 of 2014)
Gunmala Sales Private Ltd. Appellants versus Anu Mehta & others Respondents
Date of Decision(mm/dd/yy): 10/17/2014.
Judge(s): Hon'ble Mrs. Justice Ranjana Prakash Desai and Hon'ble Mr. Justice N.V. Ramana.
Subject Index: Negotiable Instruments Act, 1881 — section 138 read with section 141 — maintainability of the complaint against the director of the company who has resigned — whether the Director, who has resigned can be prosecuted after his resignation has been accepted by the Board of Directors of the company — in the application filed by the respondents, no clear case was made out that at the material time, the Directors were not in charge of and were not responsible for the conduct of the business of the company by referring to or producing any uncontrovertible or unimpeachable evidence which is beyond suspicion or doubt or any totally acceptable circumstances — the matter deserves to be remitted to the High Court for fresh hearing — court inclined to confirm the order passed by the High Court quashing the process as against Shobha Mehta. Shobha Mehta is stated to be an old lady who is over 70 years of age. Considering this fact and on an overall reading of the complaint in the peculiar facts and circumstances of the case, court feel that making her stand the trial would be an abuse of process of the court. It is however, necessary for the High Court to consider the cases of other Directors in light of the decisions considered — in the circumstances, court confirm the impugned order to the extent it quashes the process issued against Shobha Mehta — the High Court is requested to consider the matter independently.

2014 SCCL.COM 500(Case No: Civil Appeal No. 9744 of 2014 (Arising out of SLP(C) No.5694 of 2013))
Dipanwita Roy Appellant versus Ronobroto Roy Respondent
Date of Decision(mm/dd/yy): 10/15/2014.
Judge(s): Hon'ble Mr. Justice Jagdish Singh Khehar and Hon'ble Mr. Justice R.K. Agrawal  .
Subject Index: Hindu Marriage Act 1955 — section 13 — petition under seeking  dissolution of the marriage — one of the grounds adulterous life style of the wife — the respondent-husband has made clear and categorical assertions in the petition filed by him under Section 13 of the Hindu Marriage Act, alleging infidelity. He has gone to the extent of naming the person, who was the father of the male child born to the appellant-wife. It is in the process of substantiating his allegation of infidelity, that the respondent husband had made an application before the Family Court for conducting a DNA test, which would establish whether or not, he had fathered the male child born to the appellant-wife. The respondent feels that it is only possible for him to substantiate the allegations levelled by him (of the appellant-wife's infidelity) through a DNA test — but for the DNA test, it would be impossible for the respondent-husband to establish and confirm the assertions made in the pleadings — just and appropriate to record a caveat, giving the appellant-wife liberty to comply with or disregard the order passed by the High Court, requiring the holding of the DNA test. In case, she accepts the direction issued by the High Court, the DNA test will determine conclusively the veracity of accusation levelled by the respondent-husband, against her. In case, she declines to comply with the direction issued by the High Court, the allegation would be determined by the concerned Court, by drawing a presumption of the nature contemplated in Section 114 of the Indian Evidence Act — this course has been adopted to preserve the right of individual privacy to the extent possible. Of course, without sacrificing the cause of justice. By adopting the above course, the issue of infidelity alone would be determined, without expressly disturbing the presumption contemplated under Section 112 of the Indian Evidence Act.

2014 SCCL.COM 499(Case No: Special Leave Petition (Civil) No. 19552 of 2013)
Deo Kalya Patil & others Petitioners versus Nagindas Shamjibhai Shah Thr. Lrs. & Ors. Respondents
Date of Decision(mm/dd/yy): 10/15/2014.
Judge(s): Hon'ble Mr. Justice J. Chelameswar and Hon'ble Mr. Justice A.K. Sikri  .
Subject Index: Interlocutory order — the petition such as the one on hand ought to have been dismissed on the simple ground that it arises out of an interlocutory order during the pendency of the suit. The legality of such interlocutory order has already been considered by an appellate Court which is a constitutional Court. 

2014 SCCL.COM 497(Case No: Civil Appeal Nos. 2641-2643 of 2012 with Civil Appeal No. 2616 of 2012 and Civil Appeal No. 9828 of 2014 (arising out of S.L.P.(Civil) No. 9015 of 2014))
State of West Bengal and others Appellants versus Pronab Chakraborty Respondent
Date of Decision(mm/dd/yy): 10/15/2014.
Judge(s): Hon'ble Mr. Justice Jagdish Singh Khehar and Hon'ble Mr. Justice Arun Mishra  .
Subject Index: Departmental proceedings — the departmental proceedings can be continued even after his retirement on attaining the age of superannuation — just and proper to relegate the matter back to the High Court for adjudication of the controversy raised by the respondent on merits in accordance with law. The High Court shall examine the merits of the controversy.  

2014 SCCL.COM 496(Case No: Civil Appeal No. 9722 of 2014 [Arising out of SLP(C) No.13844 of 2013])
Sarjeet Singh (D) Th. Lrs. Appellant versus Hari Singh & others Respondents
Date of Decision(mm/dd/yy): 10/15/2014.
Judge(s): Hon'ble Mr. Justice Dipak Misra and Hon'ble Mr. Jusitce Vikramjit Sen  .
Subject Index: Punjab Village Common Lands (Regulations) Act, 1961 — suit filed — not maintainable — it is always a brooding possibility that collusive suits are filed by co-sharers or other persons in the endeavour that shamilat deh may be metamorphosed or transformed into privately owned lands, always to the detriment of the gram sabha and of the villagers collectively — the three Courts below have not been adequately alive to this very important aspect. The land in question was, in fact, licenced to the co-sharers and was not their privately owned properties, individually or severally or collectively.

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