Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citation 815 - 828) [October 1 –9, 2022]

Arbitration and Conciliation Act, 1996; Section 11 - Court can undertake preliminary inquiry to ascertain if the dispute is arbitrable or falls under the excepted category in the agreement. (Para 7) Emaar India Ltd. v. Tarun Aggarwal Projects LLP, 2022 LiveLaw (SC) 823

Arbitration and Conciliation Act, 1996; Section 31(7)(a) - the section itself requires interest to be at such rate as the arbitral tribunal deems reasonable. When a discretion is vested to an arbitral tribunal to award interest at a rate which it deems reasonable, then a duty would be cast upon the arbitral tribunal to give reasons as to how it deems the rate of interest to be reasonable - When the arbitral tribunal is empowered with such a discretion, the arbitral tribunal would be required to apply its mind to the facts of the case and decide as to whether the interest is payable on whole or any part of the money and also as to whether it is to be awarded to the whole or any part of the period between the date on which the cause of action arose and the date on which the award is made. Executive Engineer (R and B) v. Gokul Chandra Kanungo, 2022 LiveLaw (SC) 824

Code of Criminal Procedure, 1973; Section 309 - Examination-in-chief followed with cross-examination is to be recorded either on the same day or on the day following. In other words, there should not be any ground for adjournment in recording the examination-in-chief/cross-examination of the prosecution witness, as the case may be. Mukesh Singh v. State of Uttar Pradesh, 2022 LiveLaw (SC) 826

Code of Criminal Procedure, 1973; Section 438 - Petitions seeking relief of pre arrest bail are not money recovery proceedings - Supreme Court sets aside condition imposed by the Jharkhand High Court of depositing 7.5 Lakhs as "victim compensation" while granting pre-arrest bail. Udho Thakur v. State of Jharkhand, 2022 LiveLaw (SC) 815

Compassionate Appointment - After a period of 24 years from the death of the deceased employee, the respondent shall not be entitled to the appointment on compassionate ground. If such an appointment is made now and/or after a period of 14/24 years, the same shall be against the object and purpose for which the appointment on compassionate ground is provided - The whole object of granting compassionate employment is, thus, to enable the family to tide over the sudden crisis. The object is not to give such family a post much less a post held by the deceased. [Para 9.1, 9.2] Fertilizers and Chemicals Travancore Ltd. v. Anusree K.B., 2022 LiveLaw (SC) 819

Compassionate Appointment - Married daughter can't be held to be dependent of mother for the purpose of compassionate appointment- The whole object of granting compassionate employment is, thus, to enable the family to tide over the sudden crisis. The object is not to give such family a post much less a post held by the deceased. (Para 7, 7.1) State of Maharashtra v. Madhuri Maruti Vidhate, 2022 LiveLaw (SC) 820

Constitution of India, 1950; Article 142 - Powers under Article 142 can be exercised to reduce the amount of interest awarded. [Para 18] Executive Engineer (R and B) v. Gokul Chandra Kanungo, 2022 LiveLaw (SC) 824

Insolvency and Bankruptcy Code 2016 - Supreme Court holds that there is no ground to review the the judgment in Vidarbha Industries Power Ltd. v. Axis Bank Limited, 2022 LiveLaw (SC) 587 which held that the National Company Law Tribunal has discretion to not admit the insolvency application filed by a financial creditor even if the corporate debtor is in default. Axis Bank Ltd v. Vidarbha Industries Power Ltd; 2022 LiveLaw (SC) 817

Insolvency and Bankruptcy Code 2016; Section 7(5) - No ground to review judgment in Vidarbha Industries Power Ltd. v. Axis Bank Limited which held that adjudicating authority has discretion under Section 7(5) - Apprehension that the judgment will undermine the objectives of IBC is misconceived - Observations were made in the context of the case at hand. Axis Bank Ltd v. Vidarbha Industries Power Ltd; 2022 LiveLaw (SC) 817

Judgments - It is well settled that judgments and observations in judgments are not to be read as provisions of statute. Judicial utterances and/or pronouncements are in the setting of the facts of a particular case - To interpret words and provisions of a statute, it may become necessary for the Judges to embark upon lengthy discussions. The words of Judges interpreting statutes are not to be interpreted as statutes. Axis Bank Ltd v. Vidarbha Industries Power Ltd; 2022 LiveLaw (SC) 817

Labour Law - Industrial Disputes Act 1947 - Once the order of termination was approved by the Industrial Tribunal on appreciation of evidence led before it, thereafter the findings recorded by the Industrial Tribunal were binding between the parties. No contrary view could have been taken by the Labour Court contrary to the findings recorded by the Industrial Tribunal. (Para 5.2) Rajasthan State Road Transport Corporation v. Bharat Singh Jhala, 2022 LiveLaw (SC) 818

Land Acquisition - When the matter relates to the payment of amount of compensation to the land losers, if at all two views are possible, the view that advances the cause of justice is always to be preferred rather than the other view, which may draw its strength only from technicalities. (Para 14) Kazi Moinuddin Kazi Bashiroddin v. Maharashtra Tourism Development Corporation, 2022 LiveLaw (SC) 827

Land Revenue Code (Maharashtra) - Maharashtra Government cannot insist on NOC from it for registering the subsequent transfer of flats built on a land leased to a developer - State government is not entitled to a premium when the land is not allotted to a society but to a builder on lease, who has constructed flats for private individuals, who in turn formed a Co-operative Society-1999 and 1983 Resolutions are applicable to the co-operative societies to whom the government lands are sanctioned on concessional rates-Since the land was not allotted to a society but to a builder on lease, who has constructed flats for private individuals, who have subsequently formed a Co-operative Society, the 1983 Resolution and 1999 Resolution would not be applicable to the members of such a society. (Paras 13, 14 & 15) State of Maharashtra v. Aspi Chinoy, 2022 LiveLaw (SC) 825

Limitation Act 1963; Section 17 - By such a clever drafting and using the word "fraud", the plaintiffs have tried to bring the suits within the period of limitation invoking Section 17 of the limitation Act. The plaintiffs cannot be permitted to bring the suits within the period of limitation by clever drafting, which otherwise is barred by limitation-Mere stating in the plaint that a fraud has been played is not enough and the allegations of fraud must be specifically averred in the plaint, otherwise merely by using the word "fraud", the plaintiffs would try to get the suits within the limitation, which otherwise may be barred by limitation. (Para 7.8) C.S. Ramaswamy v. V.K. Senthil, 2022 LiveLaw (SC) 822

Motor Accident Claims - Motor Vehicles Act, 1988; Section 168 - the Notification of Minimum Wages Act can be a guiding factor only in a case where there is no clue available to evaluate monthly income of the deceased. Where positive evidence has been led, no reliance on the Notification could be placed, particularly when it was nobody's case that the deceased was a labourer as presumed by the High Court. (Para 9) Gurpreet Kaur v. United India Insurance Company, 2022 LiveLaw (SC) 821

Motor Accident Compensation - Dependents entitled to compensation for loss of income even if businesses & properties of deceased were bequeathed to them. [Para 14,17 & 22] K. Ramya v. National Insurance Co. Ltd., 2022 LiveLaw (SC) 816

Motor Accident Compensation - Documents such as income tax returns and audit reports are reliable evidence to determine the income of the deceased. [Para 14] K. Ramya v. National Insurance Co. Ltd., 2022 LiveLaw (SC) 816

Motor Accident Compensation - Entire amount under 'Income from House Property and Agricultural Land' need not be deducted merely because properties have been bequeathed to dependents- compensation towards loss of managerial skills can be awarded. [Para 22] K. Ramya v. National Insurance Co. Ltd., 2022 LiveLaw (SC) 816

Motor Accident Compensation - Mere fact that the Deceased's share of ownership in these businesses ventures was transferred to the Deceased's minor children just before his death or to the dependents after his death is not a sufficient justification to conclude that the benefits of these businesses continue to accrue to his dependents. [Para 17] K. Ramya v. National Insurance Co. Ltd., 2022 LiveLaw (SC) 816

Motor Vehicles Act 1988 - Motor Accident Compensation - the age of the deceased and not the age of the dependents in case of the death of a bachelor is to be the basis for multiplier. Giasi Ram v. ICICI Lombard General Insurance Co., 2022 LiveLaw (SC) 828

Motor Vehicles Act, 1988; Section 168 - Motor Accident Claims - compensation must be fair, reasonable and equitable. Further, the determination of quantum is a fact-dependent exercise which must be liberal and not parsimonious - Motor Vehicles Act of 1988 is a beneficial and welfare legislation that seeks to provide compensation as per the contemporaneous position of an individual which is essentially forward-looking. [Paras 11, 12] K. Ramya v. National Insurance Co. Ltd., 2022 LiveLaw (SC) 816

Pleadings - Fraud must be specifically pleaded - Mere stating in the plaint that a fraud has been played is not enough and the allegations of fraud must be specifically averred in the plaint, otherwise merely by using the word "fraud", the plaintiffs would try to get the suits within the limitation, which otherwise may be barred by limitation. (Para 7.8) C.S. Ramaswamy v. V.K. Senthil, 2022 LiveLaw (SC) 822

NOMINAL INDEX

1. Axis Bank Ltd v. Vidarbha Industries Power Ltd; 2022 LiveLaw (SC) 817
2. C.S. Ramaswamy v. V.K. Senthil, 2022 LiveLaw (SC) 822
3. Emaar India Ltd. v. Tarun Aggarwal Projects LLP, 2022 LiveLaw (SC) 823
4. Executive Engineer (R and B) v. Gokul Chandra Kanungo, 2022 LiveLaw (SC) 824
5. Fertilizers and Chemicals Travancore Ltd. v. Anusree K.B, 2022 LiveLaw (SC) 819
6. Giasi Ram v. ICICI Lombard General Insurance Co., 2022 LiveLaw (SC) 828
7. Gurpreet Kaur v. United India Insurance Company, 2022 LiveLaw (SC) 821
8. K. Ramya v. National Insurance Co Ltd, 2022 LiveLaw (SC) 816
9. Kazi Moinuddin Kazi Bashiroddin v. Maharashtra Tourism Development Corporation, 2022 LiveLaw (SC) 827
10. Mukesh Singh v. State of Uttar Pradesh, 2022 LiveLaw (SC) 826
11. Rajasthan State Road Transport Corporation v. Bharat Singh Jhala, 2022 LiveLaw (SC) 818
12. State of Maharashtra v. Aspi Chinoy, 2022 LiveLaw (SC) 825
13. State of Maharashtra v. Madhuri Maruti Vidhate, 2022 LiveLaw (SC) 820
14. Udho Thakur v. State of Jharkhand, 2022 LiveLaw (SC) 815