The Court noted that it was the statutory obligation of states and the centre to provide nutritional support to pregnant women, lactating mothers, children and to take steps to identify and provide meals for children who suffer from malnutrition. Accordingly, the Court set aside the judgment of conviction of the two accused under Sections 302, 325, 307 and 341 read with Section 34 and the sentence under those Sections. The Court reiterated that the power of judicial review of the Constitutional Courts is an evaluation of the decision-making process and not the merits of the decision itself and that it cannot be extended to the examination of correctness or reasonableness of a decision of authority as a matter of fact. i.e. The writer (Galatians 1:1-2a) Thus, it was held that Section 80P, being a benevolent provision to encourage and promote the credit of the co-operative sector, must be read liberally, and if there is ambiguity, in favour of the assessee. While the Respondent State submitted that the courts could not impose less than the mandatory minimum sentence prescribed by the statute, the Court relied on Ishar Das (1973) 2 SCC 65 where it was held that the non-obstante clause in Section 4 of the Act reflected the intent of the legislation to give effect to the Act not withstanding any other law in force at that time. The Court also noticed its judgment in CCE v. Bahubali (1979) 2 SCC 279, wherein it was held that the Act may not apply to cases where in in the offence carries a minimum sentence under a special law enacted after 1958 and also containing a non-obstante clause. In fact, higher educational qualification could be the basis for barring promotion and restricting the scope of promotion. The Bench further held that the arbitral process was “strictly conditioned upon time limitation and modelled on the ‘principle of unbreakability’”. The Court disbelieved the eye witness accounts of two of the witnesses and their testimonies were found to be exaggerated and to be based on overall impression of the strikes rather than a factual narration of events. The Delhi High Court had upheld the rejection given by the Medical Council of India (“MCI”) to the Appellant to their request for permission to admit 150 students in a MBBS course for the academic year 2019-20. The grievance of the Petitioner arose out of the fact that if a partnership firm can be registered and operate under Order IV of the Supreme Court Rules 2013, the same should also be applicable for a sole proprietorship. [Key Words: Acquittal, common intention, simple injury, testimonies based on overall impression] [Coram: N.V. Ramana, J., Surya Kant, J., Aniruddha Bose, J. However, the injury being simple in nature, the Court convicted the accused under Section 324 IPC. Further the Bench directed the SSP, Ranchi to review the Police security provided to the petitioner from time to time and the District Legal Services Authority, Ranchi to render legal services to the Petitioner to safeguard the interest of the Petitioner. The Bench disregarded the approval of the second award on 04.01.2014 by relying on its judgment in D. Hanumanth SA (2010) 10 SCC 656 to state that it was not possible for the State Government to reinitiate acquisition proceedings in respect of land which had already been acquired. Noting that that proliferation of delegation was eroding public participation, the doctrine of “procedural legitimate expectation” was invoked to hold that there was inadequate public participation, discussion and that Section 45 of the Delhi Development Act stood violated as objectors were not accorded enough time to present and appear to state their point of view. The Bench further agreed with the High Court that since the last date for granting permissions for the academic year 2019-20 was 31.08.2020, the same had become infructuous and thus for the next academic year 2020-21, the Appellant was at liberty to apply for renewal of application. [Key Words: Acceptance of Offer, Modification of Offer, Conditional Offer, Section 7 of the Indian Contracts Act 1832] [Coram: Navin Sinha, J., Indira Banerjee, J. ], In Lakhvir Singh etc. The Court also held that as both deceased were below 40 years and were not established to be permanent employees, future prospects of 40% must be paid. 7. The Court adopted a harmonious interpretation of Rules 7 (1), 7 (2), consistent with the Article 142 directions in Malik Mazhar Sultan (3) (2008) 17 SCC 703 to allow the appeals and set aside the judgment of the division bench of the High Court. The Court, setting aside the impugned judgment, held that the Respondent had failed to serve the draft statement of land held in excess, to Jenobai, who was an interested person under Section 11 (3) of the Ceiling Act. It was argued by the Appellant that the MCI had recommended debarring of the Appellant for two years i.e. 118. On the ancillary issue of whether the NGT could have adjudicated upon a violation of the Himachal Pradesh Town and Country Planning Act, it was held that the question was academic in nature since the NGT had grounded its decision in the violation of Section 2 of the Forest Act, which is an Act present within Schedule I of the NGT Act. and the dissent was penned by Khanna, J. 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Join PTA today, in just five easy steps! Therefore, as there was no concluded contract, there could not be a question of breach of the contract. The Bench, based on the evidence led before the Labour Court, found that the school had sufficiently established that the Respondent had abandoned her service in 1997 and the Respondent failed to discharge the onus to prove that she had worked for 240 days in the preceding 12 months prior to her alleged termination on 8.3.2006. ], In Anversinh @ Kiransinh Fatesinh Zala v. State of Gujarat, the challenge was to the setting aside of the conviction by the High Court under Section 376 IPC, but upholding the charge of kidnapping under Sections 363 and 366 IPC. Emphasising the laudatory intent of Section 5 of the Arbitration and Conciliation Act 1996, the State could not demonstrate any exceptional circumstance of “bad faith” to invoke Article 227, as stated in Deep Industries 2019 SCC Online SC 1602. 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The Bench observed that even though a period of over 4 years had elapsed since the constitution of the arbitral tribunal on 14.09.2016, the Award had still not been pronounced. In doing so, what weighed with the Court was that no force was used in the act of kidnapping, the young age of the accused, protracted trial and delays and no grotesque use of power or status. It was argued by the Appellant that the award was approved by the State on 05.03.2010 and not 04.01.2014 as alleged by the first respondent, and hence, the first respondent was not eligible to receive compensation in accordance with The Right to Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013. Nariman, J., Navin Sinha, J., K.M. Dismissing the appeal, the court held that the sequence of events and cumulative appreciation of evidence, evidently established a common intention between all the accused. But the restriction could not be allowed to seriously jeopardise the chances of promotion. ], In Anjali Brahmawar Chauhan v. Navin Chauhan, the Bench had earlier dismissed the wife’s transfer petition wherein she had prayed for the transfer of cases from Gautambudh Nagar (UP) to Saket (Delhi). The Bench, however, disagreed with the same and held that it is open for an employer who has failed to make an enquiry before dismissal or discharge of a workman, to justify the action before the Labour Court by leading evidence before it. Moreover, of the 3 features which could be put against the accused, the testimony of the child was unreliable. Webinars; Legal Jobs; Moot Courts ; Conferences & Paper presentations ... 15 SCC 564] [Coram: NV Ramana, J., S Abdul Nazeer, J., Surya Kant, J.] ], In Murali v. State rep. by Inspector of Police, appeals had been filed against judgment of the Madras High Court which upheld the appellant’s convictions under Sections 324 of the IPC sentencing him to 3 months’ rigorous imprisonment and the second appellant under Section 307 and 341 IPC, sentencing him to 5 years rigorous imprisonment. The Bench directed the Deputy Commissioner, Ranchi to take measures to ensure that the minor children of the Petitioner were provided with free education in any of the Government Institutions where the Petitioner is residing till they attain the age of 14 years and also consider the case of the Petitioner for providing house under Prime Minister Awas Yojna or any other Central or State Scheme. ], In M/s Vellanki Frame Works v. The Commercial Tax Officer, Vishakapatnam, the Court held that the basic principles for determining when a sale or purchase of goods takes place in the course of import or export out of the territory of India, only if the sale or purchase either occasions such import or is effected by a transfer of documents of title to the goods after the goods have crossed the customs frontiers of India.
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