Chhattisgarh Cooperative Societies Act, 1960 (17 of 1961) — Ss. 49-E(2), 54(1), (2), (3)(a) & (b), 2(c-i) and 2(a-i) — District Central Cooperative Bank: In this case, there was appointment of Chief Executive Officer (CEO), as per Noti. dt. 12-1-1971 under S. 54(3) when cadre of officers as per notification has been constituted as per S. 54(2). There were conflicting provisions regarding appointment procedure and there was difficulty posed by statutory provisions. While considering the manner of interpretation, it was held that S. 57-B(19), which was intended to have overriding effect, was deleted and S. 54(3)(a) and (b) were inserted. Absolute power was conferred upon cooperative banks to appoint CEO was deleted. Thus S. 49-E(2) and Ss. 54(3)(a) and (b) are to be read harmoniously. [Chhattisgarh State Coop. Bank Maryadit v. Zila Sahkari Kendriya Bank Maryadit, (2020) 6 SCC 411]
Constitution of India — Art. 226 — Maintainability of writ petition — Relegation to alternate remedy — When proper: Disputed questions of fact of complex nature requiring production of documentary evidence should not normally be entertained by High Court in its writ jurisdiction. However, High Court has discretion to entertain even disputed questions of fact on sound judicial principles, considering nature of controversy. [Punjab National Bank v. Atmanand Singh, (2020) 6 SCC 256]
Courts, Tribunals and Judiciary — Judicial Process — Recusal by Judge — On ground of legal predisposition: A Judge, who expressed his opinion on a legal issue in a smaller Bench, held (per curiam), can hear the same matter in a larger Bench upon reference to that Bench. [Indore Development Authority [Recusal Matter-5J] v. Manohar Lal, (2020) 6 SCC 304]
Courts, Tribunals and Judiciary — Tribunals — Appointment and selection: The order dt. 9-2-2018 in Kudrat Sandhu, (2018) 4 SCC 346, paras 1 and 2, clarified. Appointment of the Chairpersons of all Tribunals, directed to be made by Central Government in consultation with the Chief Justice of India. Search-cum-Selection Committee for the appointment of Judicial Members of the Central Administrative Tribunal also directed to proceed with the selection of Administrative Members. Committee that has been constituted for selection of the Members of the Central Government Industrial Tribunal directed to proceed as per previous order as it has already proceeded with its work. [Kudrat Sandhu v. Union of India, (2020) 6 SCC 251]
Courts, Tribunals and Judiciary — Tribunals — Appointments in certain tribunals requiring immediate attention: Recommendations of Selection Committee, directed to be made immediately. Where recommendations had already been made, they must be implemented expeditiously within two weeks. [Madras Bar Assn. v. Union of India, (2020) 6 SCC 247]
Criminal Procedure Code, 1973 — S. 439 — Entitlement to bail — Valid grounds for, made out — Contract for supply of radar stations: In this case of alleged fraud and cheating, civil/arbitration proceedings were pending in respect of the disputes. More than one year was spent by accused in custody already and arguments opposing bail on ground of threat to national security were not found tenable. Arbitral Tribunal had not merely protected economic interests of the State but had also permitted State Police to be present at project site and Maritime Board to supervise and monitor functioning of project. Hence, bail granted, subject to such terms and conditions, as trial court deems fit and appropriate in facts and circumstances of case. [Jinofer Kawasji Bhujwala v. State of Gujarat, (2020) 6 SCC 298]
Energy, Power and Electricity — Electricity — Electricity consumption — Past electricity dues payable by debtor/last owner: Electricity dues, where they are statutory in character under the Electricity Act and as per the terms and conditions of supply, cannot be waived and cannot partake the character of dues of purely contractual nature. Further, where the existence of electricity dues, whether quantified or not, have been specifically mentioned as a liability of the purchaser in the auction notice and the sale is on “as is where is, whatever there is and without recourse basis”, the liability to pay electricity dues exists on the purchaser. [Telangana State Southern Power Distribution Co. Ltd. v. Srigdhaa Beverages, (2020) 6 SCC 404]
Family and Personal Laws — Hindu Law — Hindu Undivided Family (HUF) — HUF property — Inference regarding — Requisite proof — Burden of proof: The burden is on person who alleges existence of HUF to prove the same. The proof is required not only with respect to jointness of family but also with respect to fact that property concerned belongs to joint Hindu family, unless there is material on record to show that the property is the nucleus of joint Hindu family or that it was purchased through funds coming out of this nucleus. [Bhagwat Sharan v. Purushottam, (2020) 6 SCC 387]
Kerala Buildings (Lease and Rent Control) Act, 1965 (2 of 1965) — S. 20 r/w S. 11(8) — Scope of revision under — Restriction of, to propriety of the order and not to re-appreciation of evidence: Interference with findings of fact is not permissible, when the same are not perverse. High Court, exercising revisional jurisdiction is entitled to satisfy itself as to the correctness or legality or propriety of any decision or order impugned before it, however, to satisfy itself to the regularity, correctness, legality or propriety of the impugned decision or the order, it cannot exercise its power as an appellate power to reappreciate or reassess the evidence for coming to a different finding on facts. [Addissery Raghavan v. Cheruvalath Krishnadasan, (2020) 6 SCC 275]
Motor Vehicles Act, 1988 — Ss. 166, 168 and 173 — Compensation — Computation of — Conventional heads: The compensation for loss of consortium includes compensation for loss of love and affection. Hence, once compensation is awarded for loss of consortium, there cannot be a further award of compensation under ‘Loss of love and affection’. [M.H. Uma Maheshwari v. United India Insurance Co. Ltd., (2020) 6 SCC 400]
Penal Code, 1860 — Ss. 302/34 — Murder trial: In this case, there was death of deceased (well-known person and local politician) due to 5 firearm injuries by firing from rifles by appellant, his brother and another at deceased. The cause of death was background of personal and political rivalry between parties. The conviction of appellant-accused under Ss. 302/34 IPC, and S. 27 of the Arms Act, and award of sentence of life imprisonment with fine, for murder of deceased, was confirmed. [Ombir Singh v. State of U.P., (2020) 6 SCC 378]
Service Law — Recruitment Process — Examination — Judicial review/Validity — Interference with evaluation of candidates in examination — Scope — Limited: In this case of selection to Class III posts in various departments of Government of Bihar, it was held that the scope of judicial review under Art. 226 of the Constitution in matters concerning evaluation of candidates, particularly, for purpose of recruitment to public services are narrow. Further held, in absence of any provision for re-evaluation of answer sheets, judicial review should be exercised only under exceptional circumstances. [Bihar Staff Selection Commission v. Arun Kumar, (2020) 6 SCC 362]
Transfer of Property Act, 1882 — Ss. 106 and 107 — Determination of nature of lease, no specific period of tenancy is mentioned in the deed: Where the lease/rent deed does not mention the period of tenancy, other conditions of the deed and intention of the parties must be gathered to find out the true nature of the deed. [Siri Chand v. Surinder Singh, (2020) 6 SCC 288]
