Supreme Court Weekly Digest With Nominal, Subject/Statute Wise Index-March 7 to 13

Central Excise and Customs Commissionerates Inspector (Central Excise, Preventive Officer and Examiner) Group 'B' Posts Recruitment Rules 2016 - The absence of a provision for filling up a post in the Commissionerate by absorption of persons belonging to the cadre of another Commissionerate clearly indicates that the cadre is treated as a posting unit and there is no occasion to absorb a person from outside the cadre who holds a similar or comparable post. (Para 32) 2022 LiveLaw (SC) 266

Code of Civil Procedure, 1908 - Appeal against High Court judgment which upheld the procedure adopted by the Execution Court that did not invite objections under Order XXI Rule 34 from Judgment debtor to draft sale deed produced by Decree holder - Allowed - Clearly contravenes the salutary provisions of Order XXI Rule 34 - The objections of the appellant to the draft sale deed to be considered. 2022 LiveLaw (SC) 255

Code of Civil Procedure, 1908 - While the procedure is said to be the handmaiden of justice and substantial justice must prevail and the former may take the backseat, failure to follow the procedure laid down by law can result in grave miscarriage of justice to the judgment debtor and delay in the decree holder realising the fruits of the decree. (Para 1) 2022 LiveLaw (SC) 255

Code of Civil Procedure, 1908; Order 41 Rule 27 - High Court dismissed an application for additional evidence filed by the appellant to bring on record certain sale deeds and certified copy of the judgments and awards passed in other land acquisition cases, which he con -tended, were relevant for the purpose of determining the fair market value -Allowed - It was a case of awarding of fair compensation to the land owner whose land has been acquired for public purpose - There was no other material available on record to arrive at a fair market value of the acquired land. Therefore, in the facts and circumstances of the case, the High Court ought to have allowed the application for additional evidence. 2022 LiveLaw (SC) 268

Code of Civil Procedure, 1908; Order 41 Rule 27 - The appellate court to take additional evidence in exceptional circumstances - Where the additional evidence sought to be adduced removes the cloud of doubt over the case and the evidence has a direct and important bearing on the main issue in the suit and interest of justice clearly renders it imperative that it may be allowed to be permitted on record, such application may be allowed - The admissibility of additional evidence does not depend upon the relevancy to the issue on hand, or on the fact, whether the applicant had an opportunity for adducing such evidence at an earlier stage or not, but it depends upon whether or not the appellate court requires the evidence sought to be adduced to enable it to pronounce judgment or for any other substantial cause - The true test, therefore is, whether the appellate court is able to pronounce judgment on the materials before it without taking into consideration the additional evidence sought to be adduced. (Para 4) 2022 LiveLaw (SC) 268

Code of Civil Procedure, 1908; Order XXI - Execution - While it is true that the court must be diligent in the matter of executing a decree passed after adjudication which spans a long period of time, it is also the duty of the court to execute the decree as it is and in accordance with law - Though, it is indeed open to the executing court to construe the decree; it cannot go beyond the decree. (Para 11, 14) 2022 LiveLaw (SC) 255

Code of Civil Procedure, 1908; Order XXI Rule 34 - It is the duty of the court to cause the draft to be served upon the judgment debtor and to apply its mind and to make alterations in the draft, if needed, when objections are filed - It will be thereafter that the decree holder is to deliver it to the court with the alterations if any made by the court, on proper stamp paper, if required and the execution of the document is effected by the court or the officer appointed. (Para 10-11) 2022 LiveLaw (SC) 255

Code of Civil Procedure, 1908; Order XXI Rule 34 - Order XXI Rule 34 cannot be diluted and any such departure from the provisions can have highly deleterious consequences not merely qua the parties in question but also persons who come to deal with those parties in future. It can lead to further litigation. (Para 14) 2022 LiveLaw (SC) 255

Code of Criminal Procedure, 1973; Chapter VIII - Powers of the Executive Magistrate to take bond for maintaining security and for keeping the peace and good behaviour by the citizens - Procedure explained. (Para 7) 2022 LiveLaw (SC) 260

Code of Criminal Procedure, 1973; Section 122 - Appeal against High Court judgment which affirmed order passed against appellant by an Executive Magistrate under Section 122(1)(b) CrPC - Dismissed - The order passed by is after following the procedure, so prescribed and affording due opportunity to the appellant. 2022 LiveLaw (SC) 260

Code of Criminal Procedure, 1973; Section 319 - Appeal against the High court order which set aside the Trial Court order refusing to summon appellant under Section 319 CrPC - High Court even failed to consider the basic principles laid down by this Court while invoking Section 319 of the Code, which has been considered by the learned trial Judge. 2022 LiveLaw (SC) 265

Code of Criminal Procedure, 1973; Section 319 - Power under Section 319 of the Code is a discretionary and extraordinary power which should be exercised sparingly and only in those cases where the circumstances of the case so warrant and the crucial test as noticed above has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, if goes unrebutted, would lead to conviction. 2022 LiveLaw (SC) 265

Code of Criminal Procedure, 1973; Section 378 - Appeal against Acquittal- Reasons which had weighed with the Trial Court in acquitting the accused must be dealt with, in case the appellate Court is of the view that the acquittal rendered by the Trial Court deserves to be upturned - With an order of acquittal by the Trial Court, the normal presumption of innocence in a criminal matter gets reinforced - If two views are possible from the evidence on record, the appellate Court must be extremely slow in interfering with the appeal against acquittal. (Para 7) 2022 LiveLaw (SC) 267

Code of Criminal Procedure, 1973; Section 394 - Abatement of criminal appeal - Appellant died during pendency of appeal - The counsel, as an Amicus, cannot be treated as a near relative of the deceased appellant/convict - The application for continuance of the appeal having not been made within 30 days or even thereafter by any near relative, as per the provision of Section 394 of the Cr.P.C., this appeal would abate. 2022 LiveLaw (SC) 257

Code of Criminal Procedure, 1973; Section 439 - Bail - Appeal against Bail granted by the High Court in a murder case - Allowed - The High Court has granted bail to the ­accused by passing a very cryptic and casual order, de hors cogent reasoning. We find that the High Court was not right in allowing the applications for bail filed by the accused. 2022 LiveLaw (SC) 272

Code of Criminal Procedure, 1973; Section 439 - Bail - It is not necessary for a Court to give elaborate reasons while granting bail, particularly when the case is at the initial stage and the allegations of the offences by the accused would not have been crystalised as such. There cannot be elaborate details recorded to give an impression that the case is one that would result in a conviction or, by contrast, in an acquittal while passing an order on an application for grant of bail. (Para 26) 2022 LiveLaw (SC) 272

Code of Criminal Procedure, 1973; Section 439 - Bail - The Court deciding a bail application cannot completely divorce its decision from material aspects of the case such as the allegations made against the accused; severity of the punishment if the allegations are proved beyond reasonable doubt which would result in a conviction; reasonable apprehension of the witnesses being influenced by the accused; tampering of the evidence; the frivolity in the case of the prosecution; criminal antecedents of the accused; and a prima facie satisfaction of the Court in support of the charge against the accused. (Para 26) 2022 LiveLaw (SC) 272

Code of Criminal Procedure, 1973; Section 439 - Bail - When bail has been granted to an accused, the State may, if new circumstances have arisen following the grant of such bail, approach the High Court seeking cancellation of bail under section 439 (2) of the CrPC. However, if no new circumstances have arisen since the grant of bail, the State may prefer an appeal against the order granting bail, on the ground that the same is perverse or illegal or has been arrived at by ignoring material aspects which establish a prima ­facie case against the accused. (Para 29) 2022 LiveLaw (SC) 272

Constitution (Seventy-Fourth Amendment) Act, 1992 - The scheme of the Constitutional Amendment is not to take away legislative competence of the State Legislatures to legislate on the subject of local Government but it is more to ensure that the three tiers of governance are strengthened as part of democratic set up. (Para 8) 2022 LiveLaw (SC) 263

Constitution of India, 1950; Article 136 - An order granting bail to an accused, if passed in a casual and cryptic manner, de hors reasoning which would validate the grant of bail, is liable to be set aside by this Court while exercising jurisdiction under Article 136 of the Constitution of India. 2022 LiveLaw (SC) 272

Constitution of India, 1950; Article 136 - Supreme Court exercising power under Article 136 of the Constitution may not refuse to interfere in a case where three Courts have gone completely wrong. The jurisdiction generated in an appeal under Article 136 is undoubtedly rare and extraordinary. Article 136 of the Constitution only confers a right to obtain special leave in rare and extraordinary cases. (Para 11) 2022 LiveLaw (SC) 275

Constitution of India, 1950; Article 14-16 - Substantial equality - Discrimination both direct and indirect is contrary to the vision of substantive equality -The true aim of achieving substantive equality must be fulfilled by the State in recognizing the persistent patterns of discrimination against women once they are in the work place. (Para 46-48) 2022 LiveLaw (SC) 266

Constitution of India, 1950; Article 16 - Railways LARGESS Scheme - Scheme provided an avenue for backdoor entry into service and was contrary to the mandate of Article 16 which guarantees equal opportunity in matters of public employment. 2022 LiveLaw (SC) 277

Constitution of India, 1950; Article 16 - Railways LARGESS Scheme - Appeal against High Court judgment which held that though the LARGESS Scheme was terminated, since the respondent's father superannuated on 1 January 2015 prior to 27 January 2017, the benefit of the scheme could be extended to him in terms of the notification dated 28 September 2018- Allowed - The impugned judgment issuing a mandamus for the appointment of the respondent cannot be sustained. 2022 LiveLaw (SC) 277

Constitution of India, 1950; Article 21 - By following the procedure established by law, the personal liberty of the citizens can be dealt with. (Para 8) 2022 LiveLaw (SC) 260

Constitution of India, 1950; Article 21 - Preservation of family life is an incident of Article 21. (Para 51) 2022 LiveLaw (SC) 266

Constitution of India, 1950; Article 227 - Supervisory jurisdiction - Scope of interference by the supervisory Court on decisions of the fact-finding forum is limited - Supreme Court was of the view that there was overstepping of this boundary by the High Court - in its exercise of scrutinising the evidence to find perversity in the order of the Appellate Tribunal, there was re-appreciation of evidence itself by the High Court - the High Court in exercise of its jurisdiction under Article 227 had gone deep into the factual arena to disagree with the final fact-finding forum - the High Court tested the legality of the order of the Tribunal through the lens of an appellate body and not as a supervisory Court exercising powers under Article 227 of the Constitution of India. 2022 LiveLaw (SC) 279

Constitution of India, 1950; Article 309 - Administrative instructions can supplement rules which are framed under the proviso to Article 309 of the Constitution in a manner which does not lead to any inconsistencies. Executive instructions may fill up the gaps in the rules. But supplementing the exercise of the rule making power with the aid of administrative or executive instructions is distinct from taking the aid of administrative instructions contrary to the express provision or the necessary intendment of the rules which have been framed under Article 309. (Para 32) 2022 LiveLaw (SC) 266

Constitution of India, 1950; Article 309 - Where there is a conflict between executive instructions and rules framed under Article 309, the rules must prevail. In the event of a conflict between the rules framed under Article 309 and a law made by the appropriate legislature, the law prevails. Where the rules are skeletal or in a situation when there is a gap in the rules, executive instructions can supplement what is stated in the rule. (Para 28) 2022 LiveLaw (SC) 266

Constitution of India, 1950; Article 32, 226 - Judicial Review - Policy Matters- Court in the exercise of judicial review cannot direct the executive to frame a particular policy. Yet, the legitimacy of a policy can be assessed on the touchstone of constitutional parameters. Moreover, short of testing the validity of a policy on constitutional parameters, judicial review can certainly extend to requiring the State to take into consideration constitutional values when it frames policies. The State, consistent with the mandate of Part III of the Constitution, must take into consideration constitutional values while designing its policy in a manner which enforces and implement those values. (Para 43) 2022 LiveLaw (SC) 266

Constitution of India, 1950; Article 73, 162 - A policy decision taken in terms of the power conferred under Article 73 of the Constitution on the Union and Article 162 on the States is subservient to the recruitment rules that have been framed under a legislative enactment or the rules under the proviso to Article 309 of the Constitution. (Para 29) 2022 LiveLaw (SC) 266

Constitution of India, 1950; Part IXA - Rajasthan Municipalities Act, 2009; Section 5, 329 - The scheme of Part IXA does not contemplate a separate notification under Article 243Q of the Constitution and thereafter under Section 5 of the Municipalities Act. As Section 5 of the Municipalities Act is not inconsistent with any provisions of Article 243Q of the Constitution, therefore, two notifications are not contemplated or warranted under the Scheme of Part IXA or the Municipalities Act - The State Government is competent to divide the Municipalities in the State into classes according to their income or other factors like population or importance of the local area and other circumstances as provided under Section 329 of the Municipalities Act. (Para 16-17) 2022 LiveLaw (SC) 263

Constitution of India, 1950; Part IXA - Rajasthan Municipalities Act, 2009; Section 5, 329 - Appeal against Rajasthan High Court set aside a notification declaring Gram Panchayat Roopbas, District Bharatpur as Municipal Board on the ground that no public notification as contemplated under Article 243Q(2) of the Constitution of India has been produced specifying Gram Panchayat Roopbas as a "transitional area" and thus, it cannot be declared as a Municipal Board - Allowed - State Government had exercised powers to establish Municipality in terms of Section 5 of the Municipalities Act. 2022 LiveLaw (SC) 263

Contempt of Courts Act, 1971 - Contempt petition filed alleging non-compliance of direction issued to the respondents to comply with and deposit the award amount - Respondents held guilty of contempt - Not only have the contemnors unreasonably delayed and defaulted in compliance of the orders of this Court without explaining the cause for such default, or seeking extension of time for compliance; but they have also sought to avoid compliance of the order, even after taking benefit of the extended time period granted for compliance of the same - Respondents shall be heard on sentence. 2022 LiveLaw (SC) 264

Contempt of Courts Act, 1971 - Jurisdiction of a Court under the Act, would not cease, merely because the order or decree of which contempt is alleged, is executable under law, even without having recourse to contempt proceedings - Irrespective of whether or not a decree is executable, the question to be considered by this Court in determining whether a case for contempt has been made out was, whether, the conduct of the contemnor was such as would make a fit case for awarding punishment for contempt of Court. (Para 13.2,13.3, 15.1) 2022 LiveLaw (SC) 264

Contempt of Courts Act, 1971 - When a party which is required to comply with the terms or directions in an order has not done so within such time as stipulated in the order, two options are available to the party which was required to comply with such order: (a) give an explanation to the Court as to the circumstances due to which the party could not comply with the order of the Court; (b) seek for further time to comply with the order of the Court. If a delay has occurred in complying with the terms of an order and the party which was to comply with the order has not resorted to either of the two aforestated options, then, the party responsible for delay in compliance, may be held to have committed contempt. (Para 15) 2022 LiveLaw (SC) 264

Criminal Trial - Appeal against High Court judgment reversing conviction of accused in a murder case - Allowed - The contradictions, if any, are not material contradictions which can affect the case of the prosecution as a whole - Delay of seven hours in lodging FIR cannot be said to be fatal to the prosecution case - Conviction recorded by Trial Court restored. 2022 LiveLaw (SC) 251

Criminal Trial - Merely because the witnesses were the relatives of the deceased, their evidence cannot be discarded. (Para 10) 2022 LiveLaw (SC) 251

Criminal Trial - Unnecessarily weightage shall not be given to some minor contradictions - Deposition of injured eye witness has a greater reliability and credibility. (Para 12) 2022 LiveLaw (SC) 251

Customs Act, 1962; Section 129E - High Court which upheld the order passed by CESTAT finding that the appellant has not made pre-deposit - Dismissed - Rejected the contention of appellant that in view of the fact that the act relates to the year 2013, he must be governed by Section 129E prior to the substitution - When the appellant is not being called upon to pay the full amount but is only asked to pay the amount which is fixed under the substituted provision, we do not find any merit in the contention of the appellant. 2022 LiveLaw (SC) 256

Customs Act, 1962; Section 129E - Under the new regime, the amount to be deposited to maintain the appeal has been reduced from 100% to 7.5% - The discretion which was made available to the appellate body to scale down the pre-deposit has been taken away - In regard to stay applications and appeals which were pending before any Appellate Authority prior to commencement of The Finance (No.2) Act 2014, Section 129E as substituted would not apply. (Para 8) 2022 LiveLaw (SC) 256

Employee's Compensation Act, 1923 - Appeal against High Court order which directed that the interest @ 12% p.a. shall become payable from the period after expiry of one month from the date of the Commissioner's order - Allowed - While directing the employer to pay the interest from the date of the order passed by the Commissioner, the High Court has not at all considered Section 4A(3)(a) and has considered Section 4A(3)(b) only, which is the penalty provision - Claimants shall be entitled to the interest @ 12% p.a. on the amount of compensation as awarded by the Commissioner from the date of the incident. 2022 LiveLaw (SC) 271

Employee's Compensation Act, 1923 - The liability to pay the compensation would arise from the date on which the deceased died for which he is entitled to the compensation and therefore, the liability to pay the interest on the amount of arrears/compensation shall be from the date of accident and not from the date of the order passed by the Commissioner. (Para 4.1) 2022 LiveLaw (SC) 271

Income Tax Act, 1961; Section 194A(1) - Any person who is responsible for paying to a resident any income by way of interest shall at the time of credit of such income to the account of the payee or at the time of payment thereof in cash/cheque or draft whichever is earlier deduct income tax thereon at the rates in force - the Union Bank of India did not deduct TDS at source while paying interest to Agra Development Authority, but subsequently deducted and deposited the same within the financial year. 2022 LiveLaw (SC) 278

Income Tax Act, 1961; Section 194A(3)(iii)(f) - Provided for exemption from mandate of Section 194A(1), inter alia, for paying interest to such corporations as notified by the Central Government - Central Government vide notification dated 22.10.1970 notified corporation established by a statute for the purpose of exemption - Applying the same principle as in Commissioner of Income Tax (TDS) Kanpur And Anr. v. Canara Bank (2018) 9 SCC 322, the Apex Court permitted Agra Development Authority to be considered as a corporation established by a statute - Therefore, Union Bank of India was eligible for the exemption. 2022 LiveLaw (SC) 278

Insolvency and Bankruptcy Code, 2016 - The Court allowed withdrawal of Corporate Insolvency Resolution Process against a builder in an application filed by three homebuyers in view of a settlement plan agreed upon by the majority of them. In the larger interest of the homebuyers, the Apex Court exercised power under Article 142 to permit withdrawal of the CIRP proceedings and set aside all matters pending between the parties. 2022 LiveLaw (SC) 259

Insolvency and Bankruptcy Code, 2016 - The object and purpose of 14 the IBC is not to kill the company and stop/stall the project, but to ensure that the business of the company runs as a going concern. (Para 12) 2022 LiveLaw (SC) 259

Insolvency and Bankruptcy Code, 2016; Section 12A - At any stage before a COC is constituted, a party can approach NCLT/Adjudicating Authority directly and the Tribunal may in exercise of its powers under Rule 11 of the NCLT Rules, allow or disallow an application for withdrawal or settlement - In an appropriate case and where the case is being made out and the NCLT is satisfied about the settlement, may permit/allow an application for withdrawal or settlement. 2022 LiveLaw (SC) 259

Insolvency and Bankruptcy Code, 2016; Section 12A - Regulation 30A of the CIRP Regulations, 2016 - This provision is held to be directory depending on fact of case. 2022 LiveLaw (SC) 259

Interim Directions - Appeal against Punjab and Haryana HC interim directions issued against OLX - Allowed -There was no occasion for the High Court to pass these directions; and more particularly, without hearing the appellant. 2022 LiveLaw (SC) 269

Interpretation Of Statutes - Service Law - When the rules are specific and clear, there is no need for interpretation which may lead to a case of judicial legislation. (Para 13) 2022 LiveLaw (SC) 254

Land Acquisition Act, 1894 - Awarding of fair compensation to the landowner whose land has been acquired for public purpose - The claimant whose land is acquired is entitled to the fair market value of his land. (Para 3.1) 2022 LiveLaw (SC) 268

Legal maxim - Cessante ratione legis cessat ipsa lex - Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself. (Para 25) 2022 LiveLaw (SC) 272

Legislation - Substitution of a provision results in repeal of the earlier provision and its replacement by the new provision. (Para 9) 2022 LiveLaw (SC) 256

Limitation Act, 1963 - Appeal against Gauhati High Court judgment which held that the Limitation Act was applicable in the State of Mizoram and that Section 5 did not apply to suits, but only to appeals and to applications except for applications under Order XXI of the Civil Procedure Code - Dismissed - The High Court rightly set-aside the impugned order of Trial Court holding that it could not have condoned the delay of 325 days in filing the Money Suit. 2022 LiveLaw (SC) 252

Limitation Act, 1963 - Limitation Act applicable in the State of Mizoram with effect from 21.01.1972. 2022 LiveLaw (SC) 252

Limitation Act, 1963 - Section 5 does not apply to suits, but only to appeals and to applications except for applications under Order XXI of the Civil Procedure Code - Limitation may harshly affect a particular party, but it has to be applied with all its rigour when the statute so prescribes. The Court has no power to extend the period of limitation on equitable grounds, even though the statutory provision may sometimes cause hardship or inconvenience to a particular party. The Court has no choice, but to enforce it giving full effect to the same. 2022 LiveLaw (SC) 252

Motor Vehicles Act, 1988 - Whether a person holding a driving licence in respect of "light motor vehicle", could on the strength of that licence, be entitled to drive a "transport vehicle of light motor vehicle class" having unladen weight not exceeding 7500 kgs.? - Certain provisions were not noticed by the court in Mukund Dewangan v. Oriental Insurance Company Limited (2017) 14 SCC 663 - The controversy in question needs to be revisited - referred to larger bench of more than Three Judges. 2022 LiveLaw (SC) 270

Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 50 - Personal search did not result in recovery of any contraband material but the non-compliance of requirement of affording an option to be searched before a Magistrate of a competent Gazetted Officer - Accused acquitted. (Para 9) 2022 LiveLaw (SC) 267

Negotiable Instruments Act, 1881; Sections 138, 139 - Appeal against concurrent conviction in a cheque bounce case - Partly allowed - Upheld the conviction - Directed that sentence of imprisonment of one year vacated - Accused appellant sentenced to fine of Rs.5,000/- which he will deposit within a period of one month in the Trial Court. 2022 LiveLaw (SC) 275

Negotiable Instruments Act, 1881; Sections 138, 139 - At the time, when the complainant gives his evidence, unless a case is set up in the reply notice to the statutory notice sent, that the complainant did not have the wherewithal, it cannot be expected of the complainant to initially lead evidence to show that he had the financial capacity - However, the accused has the right to demonstrate that the complainant in a particular case did not have the capacity and therefore, the case of the accused is acceptable which he can do by producing independent materials, namely, by examining his witnesses and producing documents, by pointing to the materials produced by the complainant himself, or through the cross examination of the witnesses of the complainant. (Para 9) 2022 LiveLaw (SC) 275

Negotiable Instruments Act, 1881; Sections 138, 139 - Theory of 'probable defence' - The accused is not expected to discharge an unduly high standard of proof - All which the accused needs to establish is a probable defence. As to whether a probable defence has been established is a matter to be decided on the facts of each case on the conspectus of evidence and circumstances that exist - It becomes the duty of the Courts to consider carefully and appreciate the totality of the evidence and then come to a conclusion whether in the given case, the accused has shown that the case of the complainant is in peril for the reason that the accused has established a probable defence. (Para 7, 9) 2022 LiveLaw (SC) 275

Penal Code, 1860; Section 302 - Appeal against High Court acquitting some of the accused in a murder case - Allowed - There are no material contradictions between the ocular and medical evidence. The presence of all the accused have been established and proved and the prosecution has also been successful in proving that all the accused shared the common intention - Trial Court judgment restored. 2022 LiveLaw (SC) 258

Penal Code, 1860; Section 34 - Common Intention - Once it has been established and proved by the prosecution that all the accused came at the place of incident with a common intention to kill the deceased and as such, they shared the common intention, in that case it is immaterial whether any of the accused who shared the common intention had used any weapon or not and/or any of them caused any injury on the deceased or not. (Para 4.2) 2022 LiveLaw (SC) 258

Practice and Procedure - Judgment must have clarity on exact relief granted so as to avoid difficulty in execution. 2022 LiveLaw (SC) 273

Schedule Castes and Backward Classes (Reservation in Service) Act, 2006 (Punjab); Section 7 - De­reservation for the reserved vacancy by the appointing authority is restricted. The said de­reservation may be possibly directed by the Department of Welfare of Scheduled Castes and Backward Classes if it is expedient in public interest after recording satisfaction for such de­reservation. In the said contingency the department shall pass an order assigning those reasons. Thus, in the context of 2006 Act also the de­reservation or interchangeability may be possible with a rigour to exercise such power by the department, namely; Department of Scheduled Castes and Backward Classes and not by appointing authority. (Para 20) 2022 LiveLaw (SC) 262

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; Section 13 (8) - By paying the highest bid amount / reserve price, the borrower cannot be discharged of its liability of the outstanding due to be paid to the bank - Unless and until he was ready to deposit / pay the entire amount payable together with all costs and expenses with the secured creditor, the borrower cannot be discharged from the entire liability outstanding. (Para 7.1) 2022 LiveLaw (SC) 253

Service Law - All India Service is an incident of service. Whether, and if so where, an employee should be posted are matters which are governed by the exigencies of service. An employee has no fundamental right or, for that matter, a vested right to claim a transfer or posting of their choice. (Para 24) 2022 LiveLaw (SC) 266

Service Law - Appeals against a Kerala High Court judgment which rejected the challenge against a circular issued by the Central Board of Indirect Taxes and Customs (CBIC) in 2018 withdrawing Inter-Commissionerate Transfers (ICT) - Dismissed - While we uphold the judgment of the Division Bench of the Kerala High Court, we leave it open to the respondents to revisit the policy to accommodate posting of spouses, the needs of the disabled and compassionate grounds. 2022 LiveLaw (SC) 266

Service Law - Compassionate Appointments restricted to Class III/IV (group C/D) Posts - SC pulls up TN Govt over Group B Appointments. 2022 LiveLaw (SC) 274

Service Law - Differential pay scale along with a process of selection qua suitability fixing eligibility criteria are the factors to determine whether a particular post is the same as the other or a promotional one. 2022 LiveLaw (SC) 254

Service Law - Executive instructions and administrative directions concerning transfers and postings do not confer an indefeasible right to claim a transfer or posting. Individual convenience of persons who are employed in the service is subject to the overarching needs of the administration. (Para 25) 2022 LiveLaw (SC) 266

Service Law - MACP Scheme - Any revision of pay-structure or revision in other terms and conditions, of Central Government personnel cannot and do not automatically apply to the DDA; it has to consider the new or fresh scheme formulated by the Central Government, and adopt it, if necessary, after appropriate adaptation, to suit its needs. Therefore, the Central Government's MACP scheme did not apply to it automatically. (Para 29) 2022 LiveLaw (SC) 261

Service Law - MACP Scheme - That, some employees could have benefitted more under the ACP benefits, if the MACP scheme had not been introduced from an earlier date, is no ground to hold so and compel an executive agency to grant the claimed benefits. (Para 37) 2022 LiveLaw (SC) 261

Service Law - Norms applicable to the recruitment and conditions of service of officers belonging to the civil services can be stipulated in: (i) A law enacted by the competent legislature; (ii) Rules made under the proviso to Article 309 of the Constitution; and (iii) Executive instructions issued under Article 73 of the Constitution, in the case of civil services under the Union and Article 162, in the case of civil services under the States. (Para 28) 2022 LiveLaw (SC) 266

Service Law - Policies which stipulate that the posting of spouses should be preferably, and to the extent practicable, at the same station are subject to the requirement of the administration. (Para 26) 2022 LiveLaw (SC) 266

Service Law - Promotion - A mere existence of vacancy per se will not create a right in favour of an employee for retrospective promotion when the vacancies in the promotional post is specifically prescribed under the rules, which also mandate the clearance through a selection process - There can never be a parity between two separate sets of rules - A right to promotion and subsequent benefits and seniority would arise only with respect to the rules governing the said promotion, and not a different set of rules which might apply to a promoted post facilitating further promotion which is governed by a different set of rules. (Para 18) 2022 LiveLaw (SC) 254

Service Law - Promotion to a post should only be granted from the date of promotion and not from the date on which vacancy has arisen. 2022 LiveLaw (SC) 254

Service Law - The concept of "vested right". (Para 33) 2022 LiveLaw (SC) 261

Service Law - Transfer Policy - Rights of Persons with Disabilities Act, 2016 - A statutory mandate for recognizing the principle of reasonable accommodation for the disabled members of society - The formulation of a policy therefore, must take into account the mandate which Parliament imposes as an intrinsic element of the right of the disabled to live with dignity. (Para 49) 2022 LiveLaw (SC) 266

Service Law - Transfer Policy - The State while formulating a policy for its own employees has to give due consideration to the importance of protecting family life as an element of the dignity of the person and a postulate of privacy. (Para 51) 2022 LiveLaw (SC) 266

Service Law - Voluntary Retirement - Once an officer retires voluntarily, there is cessation of jural relationship resorting to a "golden handshake" between the employer and employee. Such a former employee cannot seek to agitate his past, as well as future rights, if any, sans the prescription of rules. This would include the enhanced pay scale. (Para 16) 2022 LiveLaw (SC) 254

Succession Act, 1925; Sections 299, 279,276, 263 - Revocation of Letters of Administration - Appeal against High Court judgment which allowed application for revocation of the Letters of Administration on the ground that all the legal heirs were not impleaded in the proceedings for the grant of Letters of Administration - Dismissed - The catch is not to be found in the distinction between Section 276 and Section 278. It is to be found in Section 263 - Illustration (ii) under Section 263 deals with a case where "the grant was made without citing parties who ought to have been cited". 2022 LiveLaw (SC) 276

NOMINAL INDEX

1. Amit Katyal v. Meera Ahuja, 2022 LiveLaw (SC) 259
2. Bajaj Alliance General Insurance v Rambha Devi, 2022 LiveLaw (SC) 270
3. Bank of Baroda v. Karwa Trading Company, 2022 LiveLaw (SC) 253
4. Chandra Sekhar Jha v. Union of India, 2022 LiveLaw (SC) 256
5. Chief Personnel Officer v. A Nishanth George, 2022 LiveLaw (SC) 277
6. Devadassan v. Second Class Executive Magistrate, 2022 LiveLaw (SC) 260
7. F. Liansanga v. Union of India, 2022 LiveLaw (SC) 252
8. Kamla Devi v. State of Rajasthan, 2022 LiveLaw (SC) 272
9. M. Kendra Devi v. Government of Tamil Nadu, 2022 LiveLaw (SC) 274
10. M. Nageswara Reddy v. State of Andhra Pradesh, 2022 LiveLaw (SC) 251
11. Mandeep Kumar v. U.T. Chandigarh, 2022 LiveLaw (SC) 262
12. OLX India BV v. State of Haryana, 2022 LiveLaw (SC) 269
13. Pramina Devi v. State of Jharkhand, 2022 LiveLaw (SC) 273
14. Puri Investments v. M/s. Young Friends and Co., 2022 LiveLaw (SC) 279
15. Rajbir v. Suraj Bhan, 2022 LiveLaw (SC) 255
16. Sagar v. State of U.P., 2022 LiveLaw (SC) 265
17. Sanjay Kumar Singh v. State of Jharkhand, 2022 LiveLaw (SC) 268
18. Sanjeev v. State of Himachal Pradesh, 2022 LiveLaw (SC) 267
19. Shobha v. Chairman, 2022 LiveLaw (SC) 271
20. SK Naushad Rahman v. Union of India, 2022 LiveLaw (SC) 266
21. State of MP v. Ramji Lal Sharma, 2022 LiveLaw (SC) 258
22. State of Rajasthan v. Ashok Khetoliya, 2022 LiveLaw (SC) 263
23. Swaminathan v. Alankamony, 2022 LiveLaw (SC) 276
24. Tedhi Singh v. Narayan Dass Mahant, 2022 LiveLaw (SC) 275
25. Union Bank of India v. Additional Commissioner, 2022 LiveLaw (SC) 278
26. Union of India v. Manpreet Singh Poonam, 2022 LiveLaw (SC) 254
27. Urban Infrastructure Real Estate Fund v. Dharmesh S. Jain, 2022 LiveLaw (SC) 264
28. Vice Chairman Delhi Development Authority v. Narender Kumar, 2022 LiveLaw (SC) 261
29. Yeruva Sayireddy v. State of Andhra Pradesh, 2022 LiveLaw (SC) 257