Hazari Lal Das versus State of West Bengal and another Date of decision: 9/8/2009 Judge(s): Hon’ble Mr. Justice Tarun Chatterjee and Hon’ble Mr. Justice R.M. Lodha.
Code of Criminal Procedure, 1973 — Section 438 — application for anticipatory bail — Indian Penal Code, 1860 — Sections 403, 409, 420 and 467/34 — forged documents and misappropriation of funds — appellant/accused released on anticipatory bail — complainant filed petition for cancellation of anticipatory bail granted to accused/appellant — held nothing on record for interference or attempt to interfere with due course of administration of justice by the appellant — no record that concession granted to appellant been abused in any manner — appeal allowed.

Charan Dass (Dead) by LRs. Appellant(s) Kishan Singh Appellant Basti Ram Appellant Devki Nand Jai Kishan and others Appellants Harpal versusHimachal Pradesh Housing and Urban Development Authority and others Date of Decision: 9/7/2009.Judge(s): Hon’ble Mr. Justice D.K. Jain and Hon’ble Mr. Justice Asok Kumar Ganguly.
Land Acquisition Act, 1894 — Section 4 & 18 — notification for acquisition of land & reference — notification under Section 4 was issued and published for acquisition of land — quality of lands fell in different categories and announced compensation @ Rs. 32,073/-, Rs. 24,288/- and Rs. 7,785/- per bigha — appellant filed Reference applications — High Court enhanced the average amount on account of escalation of the prices and determined the market value of the acquired land at Rs. 1.5 lakhs per bigha with 40% deduction towards development charges — held the location and the date of sale relevant for determining the market value of the acquired land — no legal or factual infirmity in the approach of High Court in ascertaining the market value of the land — deduction of 30% towards development charges — compensation to be assessed at Rs. 1,05,000/- per Bigha.

Babubhai Jamnadas Patel versus State of Gujarat and others
Date of Decision: 9/2/2009.Judge(s): Hon’ble Mr. Justice Altamas Kabir and Hon’ble Mr. Justice Cyriac Joseph.

Interference in Investigation proceedings — contention of appellant that the High Court in the name of investigation directed both the manner and mode in which the investigation was to be conducted or the direction in which the investigation was to proceed — whether the courts can monitor investigations in respect of offences under Section 420, 465, 466, 467, & 120-B of IPC, 1860 alleged to have been committed when the investigation had already been commenced by the investigation agency? — Yes — courts do not ordinarily interfere with the function of the investigation agencies but the High Court is vested with such powers — for keeping a watch over the investigation and to conduct the investigation according to certain guidelines in order to prevent a miscarriage of justice — no interference with the orders of the High Court — appeal dismissed.

New India Assurance Company Ltd. versus M/s. Zuari Industries Ltd. and others date of Decision 9/1/2009.Judge(s): Hon’ble Mr. Justice Markandey Katju and Hon’ble Mr. Justice Asok Kumar Ganguly.

Insurance — fire policy — respondent/complainant took Insurance policies including fire policy from the appellant in respect of its factory — short circuiting in the switch board — stoppage of electric supply — damage to the boiler — Insurance Company repudiated the claim on ground that loss to the boiler and other equipments was not caused by the fire — whether there was a fire? — Yes — whether the flashover and fire was the proximate cause of the damage? — Yes — claim maintainable even if the fire is for a fraction of a second — repudiation of the policy on the ground of no ‘sustained fire’ not justified — had the fire not occurred, the damage also would not have occurred and there was no intervening agency which was the independent source of the damage — appeal dismissed with no costs.

General Manager, Telecom versus M. Krishnan and another Date of decision 9/1/2009. Judge(s): Hon’ble Mr. Justice Markandey Katju and Hon’ble Mr. Justice Asok Kumar Ganguly.

Indian Telegraph Act — Section 7-B — Arbitration of Disputes — telephone connection of respondent disconnected on non-payment of telephone bill — District Consumer Forum directed the appellant to pay compensation of Rs. 5,000/- with interest @12% p.a. — remedy provided in Section 7-B of the Indian Telegraph Act regarding disputes in respect of telephone bills, then the remedy under the Consumer Protection Act is by implication barred — Rule 413 of the Telegraph Rules provides that all services relating to telephone are subject to Telegraph Rules — set aside the impugned judgement of District Consumer Forum and High Court — appeal allowed with no costs.

Suchita Srivastava and another versus Chandigarh Administration
Date of Decision 8/28/2009.Judge(s): Hon’ble Chief Justice, Mr. Justice P. Sathasivam and Dr. Justice B.S. Chauhan.

Medical Termination of Pregnancy Act, 1971 — Section 3 — when pregnancies may be terminated by registered medical practitioners — a mentally retarded woman become pregnant as a result of an alleged rape — whether it was correct on the part of High Court to direct the termination of pregnancy without the consent of the woman? — if the said woman assumed to be mentally incapable of making an informed decision, what are the appropriate standards for a Court to exercise ‘Parens Patriae’ jurisdiction? — an ossification test revealed the physical age of the victim around 19-20 years — victim’s condition is of ‘mild mental retardation’ — State must respect the personal autonomy of a mentally retarded woman with regard to decisions about terminating a pregnancy — victim had not given consent for the termination of pregnancy — victim physically capable of continuing with the pregnancy — held that cannot permit a dilution otherwise would amount to an arbitrary and unreasonable restriction on the reproductive rights of the victim — direct the best medical facilities be made available during period of pregnancy as well as for post natal care — National Trust for Welfare of Persons with Multiple Disabilities prepared to look after the interests of woman — appeal disposed off.

Haru Ghosh versus State of West Bengal Date of Decision: 8/27/2009.Judge(s): Hon’ble Mr. Justice V.S. Sirpurkar and Hon’ble Mr. Justice Deepak Verma.

Indian Penal Code, 1860 — Sections, 302, 307-326 — punishment of murder, attempt to murder, punishment for voluntary causing grievous hurt — appellant/accused tried for committed murder of, one aged 30 years and another aged 12 years — also tried for attempting to murder under Section 307-326 of one aged 60 years — High Court confirmed the verdict of conviction, as also the death sentence awarded by the Session Judge — held whether the appellant should be set to gallows? — whether the present case is the ‘rarest of the rare’ case? — most dastardly murder of 2 helpless persons — appellant already previously convicted for an offence of murder and was facing a sentence of life imprisonment and was on bail — the present case was not a pre-meditated murder — appellant acted in a sudden manner — death sentence not confirmed — instead would be substituted by the sentence to remain in jail for minimum 35 years.