Important Judgments Supreme Court February 12, 2019

1. International Spirits and Wines Association of India v. The State of Haryana

Punjab Excise Act, 1914 – Haryana Liquor License Rules 1970 – Rule 24 (i-eeee) – Haryana Liquor License (Amendment) Rules 2017 – Financial Commissioner was not competent to amend the Rules with regard to grant of number of licences for the entire state, and which power was exclusive to the State Government under Section 6 read with Section 13(a) and 58(2)(e) of the Act – Rule 24(i-eeee) as amended by the Financial Commissioner in exercise of powers under Section 59(a) of the Act is ultra vires the powers of the Financial Commissioner under the Act and is therefore struck down.

2. Sau. Kamal Shivaji Pokarnekar v. The State of Maharashtra

Criminal complaints cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted.

3. Delhi Development Authority v. M/s. Karamdeep Finance And Investment (i) Pvt. Ltd.

4. State Bank of India v. Ravindra Nath

Service Law – Reduction of Salary – Banking Service – Salary as well as perquisites are subject to change from time to time. Therefore, mere fact that the salary was changed subsequently, it will not confer any legally enforceable right in favour of the employee to challenge the same on the ground that the same is arbitrary or unjust.

Service Law – Reduction of Salary – Banking Service – Since, the salary has been fixed for all Officers of the Public Sector Banks in a non-discriminatory manner keeping in view the Cost of Living Index, the High Court erred in law in setting aside the reduction in salary.

5. Chandru @ Chandrasekaran v. State Rep. by Deputy Superintendent of Police CB CID

Circumstantial Evidence – In a case based on circumstantial evidence it is always better for the courts to deal with each circumstance separately and then link the circumstances which have been proved to arrive at a conclusion.