Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 (5 of 1983) — R. 4 — Unaided institutions — Fee revision — Statutory mandate — Mandatory compliance with: For revising fee, strict compliance with drill under R. 4 to be followed by Government, held, is mandatory. Thus, interim fee fixed by Government in this case, without following drill of R. 4, held, illegal but interim fee fixed by Single Judge of High Court by considering facts, balance of convenience and irreparable loss to petitioner institutions, affirmed. Single Judge’s order will continue to operate insofar as the period of 2019 onwards is concerned until a final fee is fixed in accordance with the requisite Act and Rules. [Rajeev Gandhi Memorial College of Engg. & Technology v. State of A.P., (2020) 7 SCC 157]
Arbitration and Conciliation Act, 1996 — Ss. 34(2-A) and 37 — Domestic arbitral award — Patent illegality — Ground of — When can be invoked: The ground of patent illegality is a ground available under the statute for setting aside a domestic award, if the decision of the arbitrator is found to be perverse, or, so irrational that no reasonable person would have arrived at the same; or, the construction of the contract is such that no fair or reasonable person would take [test therefor is the one laid down in para 42.3 of Associate Builders, (2015) 3 SCC 49, as affirmed in para 40 of Ssangyong Engg., (2019) 15 SCC 131]; or, that the view of the arbitrator is not even a possible view. [Patel Engg. Ltd. v. North Eastern Electric Power Corpn. Ltd., (2020) 7 SCC 167]
Civil Procedure Code, 1908 — S. 25: Relevant factors to consider petition for transfer of pending partition suit from Delhi High Court to Bombay High Court where application was filed by petitioners for letters of administration to estate of deceased owner, discussed. [Shamita Singha v. Rashmi Ahluwalia, (2020) 7 SCC 152]
Constitution of India — Arts. 21 and 32 — Cases under the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act): Detailed directions issued regarding speedy investigation and trial of cases under the Protection of Children from Sexual Offences Act, 2012, including for setting up of Special POCSO Courts and their functioning. [Alarming Rise in the number of Reported Child Rape Incidents, In re, (2020) 7 SCC 87]
Constitution of India — Arts. 21 and 32 — Cases under the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act) — Speedy investigation and trial — Shocking state of affairs: As almost two-thirds of the cases under POCSO pending trial for more than one year due to lack of awareness and dedication to meet deadlines and inadequacy of courts, directions issued regarding the matter. [Alarming Rise in the Number of Reported Child Rape Incidents, In re, (2020) 7 SCC 108]
Constitution of India — Arts. 21 and 32 — Cases under the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act): Further directions and clarifications issued regarding speedy investigation and trial and setting up of exclusive POCSO Courts. [Alarming Rise in the Number of Reported Child Rape Incidents, In re, (2020) 7 SCC 112]
Constitution of India — Arts. 21 and 32 — Cases under the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act): Further directions and clarifications issued regarding speedy investigation and trial and setting up of exclusive POCSO Courts. [Alarming Rise in the Number of Reported Child Rape Incidents, In re, (2020) 7 SCC 130]
Constitution of India — Arts. 21 and 32 — Cases under the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act): Further directions and clarifications issued regarding speedy investigation and trial and setting up of exclusive POCSO Courts. [Alarming Rise in the Number of Reported Child Rape Incidents, In re, (2020) 7 SCC 142]
Constitution of India — Arts. 21 and 32 — Establishment of Human Rights Courts and appointment of Special Public Prosecutors: In this case, as States of Odisha, Telangana, Meghalaya, Mizoram, Rajasthan, U.P. and Uttarakhand had not filed response even after one-and-a-half years, it was directed that said States should file affidavit within four weeks and pay costs of Rs 50,000. Costs of Rs 1 lakh imposed on State of Rajasthan as no one represented it. [Alarming Rise in the Number of Reported Child Rape Incidents, In re, (2020) 7 SCC 95]
Constitution of India — Arts. 21 and 32 — Unnao Child Rape case — Independent, impartial and speedy investigation — Court monitored investigation by CBI: In this case, direction were passed the previous day for transfer of case from Lucknow to Delhi, stayed for a limited period due to ongoing investigations and requirement of passing remand orders for arrested accused from time to time. CBI reminded that in said earlier order, CBI was directed to complete investigation within 15 days preferably within 7 days. [Alarming Rise in the number of Reported Child Rape Incidents, In re, (2020) 7 SCC 91]
Constitution of India — Arts. 21 and 32 — Unnao Child Rape case — Injured witness: In this case, directions issued regarding free treatment and shifting of witness from AIIMS to Dr Ram Manohar Lohia Hospital at Lucknow for further aftercare and treatment. The State of U.P. directed to arrange suitable ambulance for said transfer. It was clarified that injured witness should be provided proper treatment including physiotherapy free of cost. [Alarming Rise in the Number of Reported Child Rape Incidents, In re, (2020) 7 SCC 136]
Constitution of India — Arts. 21 and 32 — Unnao Child Rape case: In this case, due to critical condition of rape victim due to car accident and pneumonia, emergency directions with regard to treatment of rape victim and lawyer of rape victim by airlifting them to Delhi AIIMS, issued. [Alarming Rise in the Number of Reported Child Rape Incidents, In re, (2020) 7 SCC 93]
Constitution of India — Arts. 21 and 32 — Unnao Child Rape case: In this case, accused applied for transfer of case by alleging that observations of trial court reflected on merits of case. While disposing of the application, trial Judge directed to decide matter on merits without being influenced by its said observations. The Supreme Court held that observations of trial court that delay of 2 months and 10 days in reporting incident was reasonably explained by PWs 10, 8 and 9, did not reflect on merits of case. Trial Judge was cognizant about this and clarified that his observations did not reflect on merits of case. [Alarming Rise in the Number of Reported Child Rape Incidents, In re, (2020) 7 SCC 139]
Evidence Act, 1872 — S. 65-B(4) r/w Ss. 65-B(1) & 65-A and S. 22-A: Production of certificate under S. 65-B(4) is mandatory, but only in case of secondary evidence i.e. where primary evidence is not lead/original not produced. Oral admission e.g. by stepping into the witness box qua such document/electronic record cannot be considered as compliance with such mandatory requirement of production of the S. 65-B(4) certificate. [Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1]
Human and Civil Rights — Humanitarian and Natural Disasters, Epidemics and Pandemics — Spread of Coronavirus (COVID-19): In the light of precarious plight of Coronavirus patients and deplorable way of handling dead bodies, multiple sets of directions concerning different aspects of treatment of COVID-19 patients, issued. [Proper Treatment of COVID-19 Patients & Dignified Handling of Dead Bodies in the Hospitals, In re, (2020) 7 SCC 145]
Human and Civil Rights — Humanitarian and Natural Disasters, Epidemics and Pandemics: In this case while taking suo motu cognizance of misery of migrant labourers during COVID-19 Lockdown, directions issued for reducing their misery. [Problems & Miseries of Migrant Labourers, In re, (2020) 7 SCC 181]
Motor Vehicles Act, 1988 — Ss. 166, 163-A and Sch. II — Permanent partial disability — Functional disability and loss of future earning — Estimation of extent of: In this case, victim appellant 45 yrs of age working as a painter suffered physical disability of left lower limb assessed at 75%, about 37.5% of whole body, also left lower limb shortened by 3 cm and could not stand independently or walk without aid of a walker or attendant, cannot sit cross legged, squat or use an Indian toilet, cannot climb up and down a staircase. It was held that the earning capacity of appellant as on date of accident stood completely negated and not reduced. Appellant rendered permanently incapable of working as a painter or do any manual work. Compensation for loss of future earning therefore had to be proper and just to enable him to live a life of dignity and not an elusive compensation. If 75% physical disability had rendered appellant permanently disabled from pursuing his normal vocation or any similar work, it is difficult to comprehend grant of compensation to him in ratio to disability to whole body. Compensation granted towards loss of future earning on account of disability at Rs 2,31,000 was held grossly inadequate. Appellant therefore was held entitled to compensation for loss of future earning based on his 75% permanent physical functional disability recalculated with salary of Rs 5500 with multiplier of 14 at Rs 6,93,000. On the whole, compensation awarded by High Court modified and recalculated for pain and sufferings Rs 1,00,000, medical expenses Rs 7350, attendent charges Rs 21,000, loss of earnings during treatment Rs 66,000, conveyance charges Rs 10,000, loss of future earnings for disability Rs 6,93,000, future medical expenses Rs 2,50,000, loss of amenities Rs 50,000. All coming to a total of Rs 11,97,350 along with interest @ 6% from date of petition till realization. [Anthony v. Karnataka SRTC, (2020) 7 SCC 161]
Sales Tax and VAT — Works Contract — Employer’s (person who had awarded the works contract) obligation to reimburse sales tax in terms of the contract: After the Forty-sixth Amendment to the Constitution, the works contract is divided into two parts by a legal fiction: one for sale of goods/ materials and other for supply of labour/services; and it is possible for the States to levy sales tax on the value of goods/materials involved in such works contract. Further, rejecting the contention that there is no sales tax on the “completed item of work” which is an immovable property and, therefore there could be no reimbursement, held the expression “completed item of work” in Cl. 45.2, signifies the intent that reimbursement would be permissible only after execution of a particular item of work has been completed and accomplished i.e. this expression is intended to contradistinguish the cases where any item of work remains incomplete and yet any claim for reimbursement of the sales tax levied is sought for. The expression “completed item of work” cannot be read to mean as if signifying the levy of sales tax itself on the completed item of work because such reading of this expression would be totally disjunct from the context and would be entirely detached from the real intent. Further, Circular dt. 7-11-2001, issued by the State Government, clarifying and directing nonreimbursement of the sales tax, held, to be an unwarranted attempt to wriggle out of the contractual obligations with perverse construction of the plain terms of the existing contracts and thus disapproved. [State of Orissa v. B. Engineers & Builders Ltd., (2020) 7 SCC 198]
