Legal Updates for Law Exams: 18th September 2021

1. Extension Of Time Of Joining' Cannot Be Claimed As Matter Of Right: Supreme Court

• The division bench of Justices Vineet Saran and Aniruddha Bose in their order noted that extension of time of joining cannot be claimed as a matter of right.

• Pursuant to the advertisement dated March 27, 2008, Nilesh Kumar Pandey (petitioner in the present case) had applied for the post of Presiding Officer Labour Court. Upon publication of select list, Pandey's name was recommended by the Chhattisgarh Public Service Commission on July 9, 2009. However on account of ongoing litigation, Pandey's appointment could not be made immediately and upon State Government's request, the validity of the select list was extended till January 5, 2011.

• During the period of select list, an appointment order was issued in Pandey's favour on August 28, 2010 with a stipulation that he had to join the post within a period of 30 days from the date of issuance of appointment order, failing which the appointment automatically had to come to an end. On account of pendency of writ petitions filed by unsuccessful candidates who were not selected, Pandey didn't join the post presumably.

• On April 28, 2014, Pandey made an application to the State of Chattisgarh for extending his period of joining the post, however the same was rejected on June 12, 2014 ("Impugned Order") on the ground that the validity of the original select list had come to an end and that the joining period could not be extended in absence of any specific provision.

• Aggrieved by the State Government's order, Pandey approached Chhattisgarh High Court seeking quashing of the 2014 order on the ground that Pandey's appointment was subject to the outcome of the writ petitions. The impugned order was also challenged on the ground that he was admittedly working as Welfare Officer, Central Jail, Raipur and therefore in order to join on the said post of Presiding Officer, Labour Court during the pendency of the writ petitions, he was required to resign from the said post which he was holding.

• Supreme Court observed that, "Appointment letter was categorical to the effect that the petitioner had to join within 30 days. Admittedly, life of select list expired on January 5, 2011 & petitioner did not join even after expiry of period of select list. Petitioner not joining within a period of 30 days disentitles him to be appointed for the post. Extension of time of joining cannot be claimed as a matter of right."

Source: Bar & Bench

2. Statutory Tenant Cannot Seek Repossession After Demolition Of Building Under Section 108B(e) Of Transfer Of Property Act : Supreme Court

• The bench of Justices Hemant Gupta and AS Bopanna observed that a statutory tenant cannot seek repossession after the demolition of building under Section 108(B)(e) of the TP Act.

• In this case, the tenant filed a suit in which he claimed mandatory injunction and possession after the building he occupied got demolished in pursuant to proceedings under Section 322 of the Karnataka Municipal Corporation Act. He also filed on another suit claiming damages. The Trial Court decreed the suit and directed to grant quantified damages and to pay Rs. 10,000/- per month till such time, the possession is handed over to the plaintiff. In appeal, the High Court held that the building in question was demolished in haste and the plaintiff was thus entitled to possession of the building as he was unlawfully dispossessed of the same.

• Before the Apex Court, the plaintiff contended that in spite of demolition of the building by the Corporation, the tenancy rights survive as the right of tenancy is not only in building but also in the land. He relied on the judgment in Shaha Ratansi Khimji and Sons v. Kumbhar Sons Hotel Private Limited holding that in terms of Section 108B(e) of the Transfer of Property Act, 18828 , the destruction of tenanted property would not amount to determination of tenancy under Section 111 of the TP Act.

• The court in this case, observed that, since the premises are situated within the urban areas governed by the Rent Act, the tenant has a right to seek possession only in terms of Section 27 of the Act if the decree for eviction has been passed by a Court on the ground specified under clause (j) of the proviso to sub-section (1) of Section 21.

Source: Bar & Bench

3. 'Abetment By Instigation Depends On Intention Of Accused, Not On Victim's Actions': Bombay High Court

• Refusing bail to a man accused of sexually harassing and abetting the suicide of his 17-year-old niece who jumped out of her balcony, Justice Bharati Dangre observed that 'instigation' in cases of abetment would have to be gathered from the circumstances surrounding the suicide.

• On September 6 2020, the victim's mother received a message from her daughter's friend about a cousin uncle sending the victim "dirty messages". When the mother confronted the victim, she showed her screenshots in a hidden folder in the phone and then ran out and jumped from the 4^th floor balcony of their high-rise apartment. She succumbed to her injuries a month later, on October 17 2020, in a private hospital.

• The next day, the mother found a note in her daughter's dresser. She had narrated her ordeal and bid adieu to the family.

• Considering the accused was a close family friend, the FIR was finally registered after 96 days invoking Sections 306, 354A, 354-B of the IPC and Section 4 and 8 of the POCSO Act.

• The court further observed that we have still not been able to create an environment where those close to a child can identify signs of abuse.

• "Sexual violence knows no boundaries. It occurs in every country, across all parts of society. A child may be subjected to sexual abuse or exploitation at home too. The widespread use of digital technology can also put children at risk. At times, the abuse occurs at the hands of someone a child knows and trusts. Any form of sexual violence result in severe physical, psychological harm."

• Unfortunately, we have not been able to create an atmosphere in the Society where Parents, teachers and adults in company of the child can identify signs of abuse and make sure children receive care and protection", Justice Bharati Dangre noted.

Source: Bar & Bench