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Author: TYC

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Retrospective Application

B.S. Yadav v. State of Haryana AIR 1981 SC 561

ISSUE:

Whether the principle of judicial independence under Article 235 restricts the Governor’s legislative authority under Article 309 in framing service rules for judicial officers?

Whether the quota rule for recruitment can constitutionally extend to confirmations and seniority, as governed by service rules?

Whether retrospective amendments to service rules violate the constitutional guarantees of equality and fairness under Articles 14 and 16?

RULE:

Judicial independence limits the Governor’s powers to the legislative framing of general rules, leaving their application and implementation to the High Court.

The quota system is restricted to recruitment and cannot be extended to confirmation and seniority without explicit statutory authority.

Retrospective amendments to service rules must satisfy the test of reasonable nexus and must not arbitrarily prejudice any class of officers.

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Evidentiary Presumptions

Kundan Lal Rallaram v. Custodian, Evacuee Property, Bombay, AIR 1961 SC 1316

ISSUE:

Whether the presumption of consideration under Section 118 of the Negotiable Instruments Act was rebutted in this case?

Whether the endorsement of the promissory note by Abdul Satar Ahmedbhoy to Kundan Lal Rallaram was supported by bona fide consideration?

RULE:

Under Section 118 of the Negotiable Instruments Act, a negotiable instrument is presumed to be made or endorsed for consideration unless evidence to the contrary is provided.

The burden of rebutting this presumption lies on the party challenging the validity of the instrument, which can be done through direct, circumstantial, or presumptive evidence under the Evidence Act, 1872.

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Evidentiary Presumptions

S. N. Bose v. State of Bihar, AIR 1968 SC 1292

ISSUE:

Whether the investigation was conducted without the authority of law?

Whether the presumption under Section 114 of the Indian Evidence Act that the Appellant had accepted the sum as a motive or reward should not be drawn unless the prosecution proved that the amount was paid as a bribe?

Whether the presumption was rebutted by the Appellant's explanation that what was paid to him was the return of a loan?

RULE:

Section 114 of the Evidence Act states that the Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the ordinary course of natural events, human conduct, and public and private business, in their relation to the facts of the particular case.

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Electronic Evidence

Shafhi Mohammad v. State of Himachal Pradesh (2018) 5 SCC 311

ISSUE:

Whether the interpretation of Section 65B (4) of the Indian Evidence Act, 1872 is done with regard to the admissibility of the electronic evidence?

RULE:

The legal position on the subject of the admissibility of electronic evidence, especially by a party who is not in possession of the device from which the document is produced, is that such a party cannot be required to produce a certificate under Section 65B of the Indian Evidence Act, 1872.

The applicability of the requirement of a certificate being procedural can be relaxed by the Court wherever the interest of justice so justifies.

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Burden of Proof

Shambu Nath Mehra v. The State of Ajmer, 1956 AIR 404

ISSUE:

Whether the prosecution proved beyond reasonable doubt that the accused fraudulently claimed travel allowances without paying for second-class railway fares?

Whether Section 106 of the Indian Evidence Act applied, shifting the burden of proving payment to the accused?

RULE:

Burden of Proof: The prosecution must prove the accused's guilt beyond a reasonable doubt and cannot shift this responsibility unless facts are "especially within the knowledge" of the accused.

Section 106, Indian Evidence Act: Applicable only when specific facts are solely within the accused's knowledge and difficult for the prosecution to prove. It does not relieve the prosecution of its primary burden.

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Electronic Evidence

State of Bihar v. Radha Krishna Singh AIR 1983 SC 684

ISSUE:

Whether the plaintiffs (Radha Krishna Singh and others) established their genealogical connection to Maharaja Harendra Kishore Singh to claim inheritance of the Bettiah Raj estate?

Whether Exhibit J and other evidence relied upon by the plaintiffs were admissible and sufficient to prove their claim?

Whether the State of Bihar’s claim of escheat could be upheld in the absence of proven heirs?

RULE:

Genealogical evidence must be admissible under the Evidence Act (Sections 35 and 32(5)) and hold sufficient probative value to prove claims.

Claims of escheat require the State to demonstrate conclusively that no heirs exist to inherit the estate.

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Industry

GM, Telecom v. A. Srinivasa Rao, (1997) 8 SCC 767

ISSUE:

Whether the Telecommunication Department of the Indian Government can be construed as an “industry” under the definition of industry as in Section 2(j) of the Industrial Disputes Act?

RULE:

An establishment is considered an industry if it is engaged in a commercial activity, unless it is discharging sovereign functions of the State.

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Workmen

HR Adhyantaya v. Sandoz (India) Ltd. (1994) 5 SCC 737

ISSUE:

Whether medical representatives are considered workmen according to the definition of ‘workman’ under Section 2(s) of the Industrial Disputes Act, 1947?

Whether the modified "workman" definition in the Industrial Disputes Act impact medical representatives' status as workmen?

Whether the medical representatives' responsibilities were primarily promotional sales activities or other forms of labour?

RULE:

The definition of "workman" includes individuals employed in manual, clerical, supervisory, or technical work and for an employee to be considered a workman, they must fall within one of these specified categories.

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Trade Unionism

Lohia Machines Limited v. Registrar, Trade Unions Civil Misc. Writ Petition No.13658of 2008

ISSUE:

Whether the IDA is violative of the basic structure of the Constitution of India?

Whether the IDA violates the fundamental right to freedom of association under Article 19(1)(c) of the Constitution of India?

Whether the IDA violates the fundamental right to equality under Article 14 of the Constitution of India?

Whether laid-off workers are considered as employees for the purpose of trade union registration under the Trade Unions Act, 1926?

RULE:

A union must have a certain percentage or minimum number of active employees from the establishment as members to be registered.

A lay-off leads to temporary unemployment, but it does not end the employer-employee relationship.

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Workmen

Hussain Bhai v. Alath Factory Employees Union (1978) 4 SCC 257

ISSUE:

Whether intermediaries in labor arrangements affect employment status under labor laws?

Whether labor laws should prioritize social justice over contract law concepts for contract workers and independent contractors?

Whether the petitioner can be held liable for the denial of employment to the 29 workmen, despite claiming that they were not his employees?

Whether the term 'workman' under Section 2(s) of the Industrial Disputes Act of 1947 includes independent contractors engaged to work in an employer's plant?

RULE:

An employer-employee relationship exists when workers, despite being hired through contractors, perform work that is integral to the business and for the benefit of the business owner, who exercises control over the work and the conditions of employment.

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