Supreme Court Roundup September 2024

ARBITRATION

Supreme Court explains how Non-Signatories may be bound by Arbitration Agreements

Discussing the scope of the Court’s jurisdiction and the role to be played by the referral court in the appointment of an arbitrator especially with reference to the participation of the non-signatory in the performance of the underlying contract, the 3-judge bench of Dr. DY Chandrachud, CJI and JB Pardiwala and Manoj Misra, JJ held that the conduct of the non-signatory party along with the other attending circumstances may lead the referral court to draw a legitimate inference that it is a veritable party to the arbitration agreement. Read more

[Ajay Madhusudan Patel v. Jyotrindra S. Patel, 2024 SCC OnLine SC 2597]

Explained | Supreme Court decision on enforcement of Arbitral Award expressed in foreign currency

While considering the appeal revolving around the issue of enforcement of an arbitral award expressed in foreign currency, the Division Bench of P.S. Narasimha* and Aravind Kumar, JJ., had to consider the following related questions- The correct and appropriate date to determine the foreign exchange rate for converting the award amount expressed in foreign currency to Indian rupees; The date of such conversion, when the award debtor deposits some amount before the Court during the pendency of proceedings challenging the award.

To resolve the afore-stated questions, and considering the uncertainties regarding time-lapse between the date of the award and its enforceability and the ever-fluctuating exchange rates, the Court formulated twin principles-

Following the principle in Forasol v. O.N.G.C., 1984 Supp SCC 263, the date when the arbitral award becomes enforceable shall be the date for conversion. Under the Arbitration and Conciliation Act, 1996, this date is when the objections against the award are dismissed, and the award attains finality.
In the event that the award amount or part of it is deposited in Court pending objections, enabling withdrawal by the decree holder, the date of such deposit, shall be the relevant date for conversion as per the principle in Renusagar Power Co. Ltd. v. General Electric Co., 1994 Supp (1) SCC 644.

[DLF Ltd. v. Koncar Generators & Motors Ltd., 2024 SCC OnLine SC 1907]

Application for extension of time for passing arbitral award under Section 29A of Arbitration Act is maintainable even after 18-month deadline for making of award: SC

In a civil appeal against the judgment and order passed by the Calcutta High Court, wherein the Court held that the application for extension of time under Sections 29A (4) and 29-A(5) of the Arbitration and Conciliation Act, 1996 (‘Act, 1996’) can only be entertained if filed before the expiry of the mandate of the arbitral tribunal, the division bench of Sanjiv Khanna* and R. Mahadevan, JJ. held that an application for extension of the time period for passing an arbitral award under Section 29A (4) read with Section 29A (5) is maintainable even after the expiry of the twelve-month or the extended six-month period. The court, while adjudicating such extension applications will be guided by the principle of sufficient cause. Read more

[Rohan Builders (India) (P) Ltd. v. Berger Paints India Ltd., 2024 SCC OnLine SC 2494]

CONTRACT LAW

Whether Execution Court can decide application under Section 28 of Specific Relief Act for recission of contract/ time extension? SC answers

While considering the instant appeal revolving around specific performance of contract, the Division Bench of J.B. Pardiwala and Manoj Misra, JJ., held that an application under Section 28 of the Specific Relief Act, 1963, either for recission of contract or for extension of time, can be entertained and decided by the Execution Court provided it is the Court which passed the decree in terms of Section 37 of the CPC. Read more

[Ishwar v. Bhim Singh, 2024 SCC OnLine SC 2338]

CRIMINAL LAW

Acquittal

SC acquits all 7 persons convicted in 1985 murder & abduction case as reasonable doubts strike prosecution case’s foundations

While considering the instant appeal challenging 2015 decision by Patna High Court to uphold conviction and sentencing of 5 accused persons and reversing acquittal of 2 accused persons in connection to a murder case in 1985; the Division Bench of Bela M. Trivedi and Satish Chandra Sharma*, JJ., on detailed analysis of the case, found that the prosecution failed to discharge its burden to prove the case beyond reasonable doubt. The reasonable doubts were irreconcilable and struck at the foundation of the prosecution’s case. Therefore, the Court set aside the conviction and sentence of the 7 accused persons and acquitted them of all charges. Read more

Did you know: There are about 217966 criminal cases pending which are more than one year old in age.

Bail

Strict conditions for bail must be imposed where investigation reveals active role of accused in economic offence affecting the masses: SC

While considering that instant appeal challenging the impugned order of Bombay High Court, wherein the Single Judge Bench had granted bail to the respondent for offences under Sections 409, 420, 467, 468, 471 and 120-B of the Penal Code, 1860 (IPC) and Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 (MPID Act); the Division Bench of Hima Kohli and Ahsanuddin Amanullah*, JJ., stated that, “In cases where the allegations and materials brought on record by the investigation and are in the nature of an economic offence affecting a large number of people, reveal the active role of the accused seeking anticipatory or regular bail, it would be fit for the Court to impose appropriately strict and additional conditions while granting such bail”. Read more

[Manik Madhukar Sarve v. Vitthal Damuji Meher, 2024 SCC OnLine SC 2271]

Swati Maliwal Assault Case| Supreme Court grants bail to Arvind Kejriwal’s PA Bibhav Kumar

The Division Bench of Surya Kant and Ujjal Bhuyan, JJ. granted bail to Delhi Chief Minister Arvind Kejriwal’s Personal Assistant Bibhav Kumar in the Swati Maliwal assault case, on several terms and conditions. The Court said that the conclusion of the trial will take some time, and he has been under custody for over 100 days. Moreover, since the chargesheet has already been filed, his release will not cause prejudice to the investigation, which is already complete. Read more

[Bibhav Kumar v. State (NCT of Delhi)]

Accused in custody can apply for anticipatory bail in connection with a different case: Supreme Court

In an appeal against the Judgment passed by the Bombay High Court, wherein the Court concerning the maintainability of anticipatory bail, viewed that although the accused may already be in custody in connection with a money laundering case, yet he would be entitled to pray for anticipatory bail in connection with a different case, the three-Judge Bench of Dr. D.Y. Chandrachud, CJI, J.B. Pardiwala*and Manoj Misra, JJ. held that an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (‘CrPC’) is maintainable at the instance of an accused while he is already in judicial custody in connection with his involvement in a different case. Read more

[Dhanraj Aswani v. Amar S. Mulchandani, 2024 SCC OnLine SC 2453]

Did you know: 247355 criminal appeals are pending nation-wide.

[Delhi Excise Liquor Policy] Supreme Court grants bail to Delhi CM Arvind Kejriwal in CBI case

In a set of two criminal appeals by Delhi Chief Minister Arvind Kejriwal seeking bail in the Central Bureau of Investigation’s (‘CBI’) case in the Delhi Excise Liquor Policy matter and challenging the legality of his arrest by the CBI, the Division Bench of Surya Kant and Ujjal Bhuyan, JJ. granted him bail. While separate judgments were penned by Justice Bhuyan and Kant, however, there was a concurrent opinion that Kejriwal was entitled to be released on bail, subject to the terms and conditions. Read more

[Arvind Kejriwal v. CBI, 2024 SCC OnLine SC 2550]

NDPS| SC grants bail to man accused of possessing 450 gm smack upon considering 1.5 years of incarceration

In a criminal special leave to appeal against Rajasthan High Court’s order dismissing the bail application of the accused person for offences punishable under Section 8 read with Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, who was accused of possessing 450 grams of smack, the Division Bench of Sudhanshu Dhulia and Ahsanuddin Amanullah, JJ. directed for the release of the accused person on the usual terms and conditions to be decided by the Court concerned. Read more

[Ramlal v. State of Rajasthan, 2024 SCC OnLine SC 2594]

Did you know: According to National Judicial Data Grid, the statistics for the cases instituted in last month is as follows:

2,96,163	20,76,400	23,72,563
Civil	Criminal	Total

Conviction

UAPA| 14-Days timeline for grant of sanction mandatory; Validity of sanction to be ordinarily challenged at the earliest stage: SC

Deciding the issues relating to the stage for challenging the validity of sanction under the Unlawful Activities (Prevention) Act, 1967 (‘UAPA’), the bench of CT Ravikumar and Sanjay Karol, JJ held that the validity of sanction should be challenged at the earliest instance available, before the Trial Court. The Court further explained that if such a challenge is raised at an appellate stage it would be for the person raising the challenge to justify the reasons for bringing the same at a belated stage. Such reasons would have to be considered independently so as to ensure that there is no misuse of the right of challenge with the aim to stall or delay proceedings. Read more

[Fuleshwar Gope v. Union of India, 2024 SCC OnLine SC 2610]

Court Martial

Not recording reasons in convening order for appointing junior ranked officer as Judge Advocate invalidates Court Martial proceedings: SC

While considering the instant appeal challenging the decision of Punjab and Haryana High Court whereby the High Court had set aside an order passed by Armed Forces Tribunal on the ground that an officer junior to the respondent has acted as Judge Advocate in the General Court Martial, contrary to the law laid down in Union of India v. Charanjit S. Gill, (2000) 5 SCC 742; the Division Bench of Prashant Kumar Mishra* and Prasanna Bhalchandra Varale, JJ., held that the High Court did not commit any error as the legal position is well settled in Charanjit S. Gill (supra) that non recording of reasons for appointing an officer junior in rank as a Judge Advocate in the convening order, invalidates the Court Martial proceedings. Read more

[Union of India v. Rahul Arora, 2024 SCC OnLine SC 2450]

Self-incriminating statements

Qualified Privilege in Section 132, Evidence Act doesn’t grant complete immunity to witness who made self- incriminating statements: SC

While considering the instant appeal, wherein the Court had to decide whether the appellant was entitled for protection under Section 132 of the Evidence Act, 1872 as his statement was recorded earlier at the pre-summoning stage as a witness for the respondent bank; the Division Bench of Prashant Kumar Mishra* and Prasanna B. Varale, JJ., held that the qualified privilege under the proviso to Section 132 of the Evidence Act, 1872, does not grant complete immunity from prosecution to a person who has deposed as a witness and made self- incriminating statements. Read more

[Raghuveer Sharan v. District Sahakari Krishi Gramin Vikas Bank, 2024 SCC OnLine SC 2489]

Defamation Proceedings

SC stays proceedings against Shashi Tharoor over 2018 defamatory statements on PM Narendra Modi

The Division Bench of Hrishikesh Roy and R. Mahadevan, JJ., on 10-9-2024 put a stay on the impugned order of the Delhi High Court refusing to quash defamation proceedings against sitting Lok Sabha MP, and prominent Congress leader, Dr Shashi Tharoor, in connection to certain defamatory remarks made in 2018 against Narendra Modi, Prime Minister of India. Read more

[Shashi Tharoor v. State (NCT of Delhi), 2024 SCC OnLine SC 2543]

EDUCATION LAW

Can over 40% Speech and Language disability hinder MBBS studies? Medical Board to examine as SC comes to aid of student

In a special leave petition (civil) against a decision of the Bombay High Court, wherein, the petitioner’s challenge to Regulation holding persons with speech and language disability above 40 per cent to be ineligible to admission, was adjourned for three weeks, without considering his prayer for interim relief on his admission to MBBS course under ‘Persons with Disability’ category, the Division Bench of BR Gavai and KV Viswanathan, JJ., coming to the aid of the student, directed the Dean of Byramjee Jeejeebhoy Government Medical College, Pune to constitute a Medical Board to examine as to whether the speech and language disability of the petitioner would come in his way of pursuing the MBBS Degree Course. Read more

[Omkar v. Union of India, 2024 SCC OnLine SC 2401]

Supreme Court imposes Rs.10 lakh costs on National Medical Commission over challenge to Medical College’s approval for increase of seats

In a special leave petition filed against the order passed by the division bench of the Kerala High Court, wherein the Court has directed the KMCT Medical College to file an undertaking as per order dated 09-08-2024, and on receipt of such an undertaking, national Medical Commission was directed to grant permission to the Medical College, division bench of BR Gavai and KV Viswanathan, JJ. viewed that the present special leave petitions are an abuse of the process of law and, therefore, dismissed the same, with cost quantified at Rs.10,00,000/- to be paid within four weeks from the date of this order. Read more

[National Medical Commission v. K.M.C.T. Medical College, 2024 SCC OnLine SC 2542]

ELECTION

Supreme Court upholds Manipur HC order refusing to dismiss Election petition against MLA KH Hangshing, under O.7 R.11 CPC

In an appeal filed by Kimneo Haokip Hangshing, Member of Legislative Assembly (‘MLA’), against the order passed by Manipur High Court, wherein the Court held that whether KH Hangshing had any income or not and whether she had given a wrong declaration at the time of her nomination needs to be looked into in trial for which evidence has to be led by the parties and examined by the Court. The petition cannot be dismissed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (‘CPC’) application, the division bench of Sudhanshu Dhulia and Ahsanuddin Amanullah, JJ. held that a cause of action has been disclosed by the respondent. However, the Court clarified that whether KH Hangshing has concealed her investments and her income, and thus her nomination has been improperly accepted, is a triable issue. Read more

[Kimneo Haokip Hangshing v. Kenn Raikhan, 2024 SCC OnLine SC 2548]

Did you know: 2852 election petitions are pending in India.

FAMILY LAW

Supreme Court sets aside MP High Court order transferring toddler’s custody from maternal aunts to father; Allows father and grandparents to meet child once a fortnight

In an appeal against the judgment passed by the Madhya Pradesh High Court, wherein the Court issued writ of habeas corpus directing the aunts to hand over custody of the child (two years and seven months) to the father and his family, the division bench of Abhay S Oka* and Augustine George Masih, JJ. while setting aside the impugned judgment and order, said that the discretion could not have been exercised under Article 226 of the Constitution of India to disturb the custody to the aunts at this stage. Read more

[Somprabha Rana v. State of M.P., 2024 SCC OnLine SC 2415]

When SC intervened to rescue parties trapped in criminal proceedings provoked by a Father-son property dispute

The instant appeal challenged the decision of Bombay High Court wherein it had held that a prima facie case of cruelty was made out under Section 498-A, Penal Code, 1860 against the appellants and had refused to quash the FIR and chargesheet against them. The Division Bench of P.S. Narasimha* and Pankaj Mithal, JJ., noted in the instant case the provocation for the Complaint/FIR was essentially the property dispute between father and son and the case is yet another instance of abuse of criminal process and it would not be fair to subject the appellants to the entire criminal law process. Read more

LAND LAWS

‘Determined compensation in FSI/TDR form payable even without any representation or request’: SC grants relief to landowners for surrendering lands to Municipal Corporation

In a batch of civil appeals against judgments of the Bombay High Court wherein a batch of writ petitions of landowners for additional compensation for surrendering their land and developing amenities were dismissed on grounds of delay and laches, the Division Bench of BV Nagarathna* and N. Kotiswar Singh allowing the appellants’ appeals set aside the portions of the impugned decisions, holding that the High Court was not right in dismissing the writ petitions on the ground of delay and laches. The Court also dismissed the three appeals filed by the Mumbai Municipal Corporation (‘respondent’). The Court also directed the respondent- Mumbai Municipal Corporation to consider the case of the appellants herein in light of the judgment of this Court in Godrej & Boyce Mfg. Co. Ltd. v. State of Maharashtra, (2009) 5 SCC 24 (“Godrej & Boyce I”) and release the balance FSI/TDR to them. Read more

[Kukreja Construction Co. v. State of Maharashtra, 2024 SCC OnLine SC 2547]

MOTOR ACCIDENT CLAIM

Motor Accident Claim | Vicarious application of contributory negligence of car driver to the passengers, to reduce compensation is illegal: SC

While considering the instant appeal revolving around a contentious finding whereby, the car driver, was held jointly responsible for causing the accident along with the driver/owner of the offending truck leading to the claims of the appellant & dependents of the deceased-passengers being deducted by 50% on the principle of contributory negligence; the Division Bench of P.S. Narasimha* and Sandeep Mehta, JJ., held that the finding was perverse in law. The Court further held that finding of the MACT and Karnataka High Court, which reduced the claims of the legal heirs of the deceased and the injured, other than the legal heirs of the driver, was also invalid in the eyes of law. Read more

[Sushma v. Nitin Ganapati Rangole, 2024 SCC OnLine SC 2584]

‘Ownership’ not limited to categories specified in Section 2(30) of MV Act; Context around control of vehicle important to fix liability: SC

While considering the instant appeal challenging the enhancement of compensation by Chhattisgarh High Court, in a motor accident claim and deliberating over issues of ownership of the offending vehicle; the J.B Pardiwala and Manoj Misra*, JJ., stated that ‘owner’ of a vehicle is not limited to the categories specified in Section 2(30) of the Motor Vehicles Act, 1988. If the context so requires, even a person at whose command or control the vehicle is could be treated as its owner to fix tortious liability for compensation payment. Read more

[K. Nirmala v. Canara Bank, 2024 SCC OnLine SC 2273]

POCSO

Storing and watching child pornography an offence under POCSO, IT Act: Key takeaways from Supreme Court’s Landmark Verdict

The bench of Dr. DY Chandrachud, CJI and JB Pardiwala, J delivered landmark judgment on Child Pornography and held that Section 15 of the POCSO and Section 67B of the IT Act penalise any form of use of child pornography, including storing and watching of such pornographic content. Read more

[Just Rights for Children Alliance v. S. Harish, 2024 SCC OnLine SC 2611]

PRACTICE AND PROCEDURE

Presence only of advocates appearing or assisting during hearing, in person or online, to be marked: Supreme Court

In a contempt petition the division bench of JK Maheshwari and Rajesh Bindal, JJ. directed that in this Court, online presence of only those advocates be furnished and be marked who are appearing or assisting during hearing as indicated above and not of those who are not present in Court but may be associated in office of the advocates. Read more

[Baidya Nath Choudhary v. Surendra Kumar Singh, 2024 SCC OnLine SC 2399]

No black and white photographs in pleadings without prior permission of Court: SC directs Registry

While dealing with a civil special leave petition against a decision of the Bombay High Court, the Division Bench of Surya Kant and Ujjal Bhuyan, JJ. upon noting that for long time the parties are placing on record black and white photocopies of photographs, mostly which are blurred, directed the Registry to not entertain hitherto any black and white photographs without prior permission of the Court. Read more

[Savita Rasiklal Mandan v. Union of India, 2024 SCC OnLine SC 2540]

Improper for Court to grant interim relief in routine situations when a party has been directed to seek relief from High Court: Supreme Court

In a writ petition filed by Indiabulls Housing Finance Limited (‘Indiabulls’) praying to lay down appropriate guidelines to be followed by all including the police officials and Judicial Magistrate to desist from initiating or directing initiation of criminal proceedings against the financial institutions, its assignees, management, officers, employees, lawful transferees and purchasers of secured assets at the behest of defaulting borrowers, so as to protect their fundamental rights inter alia guaranteed under Article 14, 19 and 21 of the Constitution of India, 1950, and also prayed for quashing the FIRs, the division bench of Sanjay Kumar and Aravind Kumar, JJ. said that when a party is relegated to the High Court to pursue its remedies, it would not be proper, in the normal course, to bind the said High Court with directions in relation to the proceedings to be impugned before such Court. Thus, when this Court refuses to entertain a matter and asks the party to approach the High Court, it would be improper to grant interim relief to such party. The Court also noted that such directions can be misconstrued by the High Courts to be observations by this Court on the merits of the matter, thereby influencing the adjudication of the case. Read more

SERVICE LAW

Supreme Court permits bank employees who secured job under SC/ST category to retain jobs despite caste descheduling by Karnataka Government

In batch of appeals against the judgment passed by Karnataka High Court, wherein the High Court dismissed the petitions filed by the appellants challenging the show cause notices issued by the employer bank for terminating their services on the ground that they had secured employment based on fake Caste Certificates, the division bench of Hima Kohli and Sandeep Mehta*, JJ. held that the Office Memorandum cannot supersede the communication dated 17-08-2005 issued by the Ministry of Finance and the same cannot be read to the prejudice of the appellants. Therefore, the Court concluded that the appellants are entitled to protection of their services by virtue of the Government circular dated 29-03-2003 issued by the Government of Karnataka as ratified by communication dated 17-08-2005 issued by the Ministry of Finance. Read more

[K. Nirmala v. Canara Bank, 2024 SCC OnLine SC 2273]

‘Improper to discriminate among homogenous group’; SC directs reinstatement of Teacher whose candidature was cancelled over graduation cutoff marks

In a matter concerning the appointment for the post of Teacher, the division bench of BR Gavai and KV Viswanathan*, JJ. while setting aside the impugned order, directed the respondent-authorities to treat the appointment given to the appellant, pursuant to the interim order of the Division Bench dated 23-10-2021, as a regular appointment and after reinstating the appellant grant consequential benefits. Further, the Court clarified that except for the period the appellant actually worked, he shall not be entitled to any back wages. Read more

[Manilal v. State of Rajasthan, 2024 SCC OnLine SC 2457]

Pending investigation & grant of prosecution sanction against Govt. employee not sufficient to adopt sealed cover procedure: SC

While deliberating over the instant appeal challenging Delhi High Court’s decision to uphold Central Administrative Tribunal’s (CAT) decision to allow respondent’s application challenging the denial of promotional benefits to him, the Division Bench of Sandeep Mehta* and R. Mahadevan, JJ., held that the disciplinary/criminal proceedings can be said to be initiated against a government employee only when a charge memo is issued to the employee in a disciplinary proceeding or a charge-sheet for a criminal prosecution is filed in the competent Court. The sealed cover procedure is to be resorted to only after issuance of the charge-memo/charge-sheet is issued. The pendency of investigation and grant of prosecution sanction will not be sufficient to enable the authorities to adopt the sealed cover procedure. Read more

OTHERS

‘Technological impediment cannot be a reason for harassing assessee year after year’ Supreme Court directs IT Department to upgrade software

In a special leave petition filed against the order passed the Delhi High Court wherein the Court dismissed the writ petition questioning the imposition of surcharge on Rs. 1.57 Crores and demanding Rs. 2.01 Crores for the Assessment Year 2022-2023 on the ground that the petitioner can avail an alternative remedy, the division bench of Pamidighantam Sri Narasimha and Sandeep Mehta, JJ, said that technological impediment cannot be a reason for harassing an assessee year after year. Immediate steps must be taken by Revenue to upgrade the software or take such other steps as may be necessary to ensure that such a mistake does not occur in future. Further, the Revenue was directed to take immediate steps and communicate the order of withdrawal of the excess surcharge amount within six weeks from the date of the receipt of the order. Read more

Age-Wise delay of cases¹

Garbage Processing Plant | SC directs Pune Municipal Corp. to follow NEERI suggestions; Install portable compactors with hook mechanisms

While considering the instant appeal challenging the order passed by the National Green Tribunal (NGT) whereby which it had directed the Pune Municipal Corporation to close the Garbage Processing Plant (GPP) operated by Noble Exchange Environment Solution Pune LLP at Baner, Pune and to shift the same to an alternate location in terms of the guidelines issued by the Central Pollution Control Board; the 3-Judge Bench of B.R Gavai*, Prashant Kumar Mishra and K.V. Viswanathan, JJ., held that the NGT’s finding that initially the plot where GPP was constructed had been reserved for a Bio-diversity Park, was erroneous and factually incorrect. Read more

[Pune Municipal Corpn. v. Sus Road Baner Vikas Manch, 2024 SCC OnLine SC 2497]

Chairman or any other Member acting alone, cannot authorise Search under Section 30(1) of PNDT Act: Supreme Court

While considering the instant appeal challenging the decision of Punjab and Haryana High Court refusing to quash the complaint and FIR filed for offences under Pre-Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, the Division Bench of Abhay S. Oka* and Augustine George Masih, JJ., held that as per the express language used in Section 30(1) of the PNDT Act, the Chairman or any other member acting alone, cannot authorise search; it must be a decision of the Appropriate Authority. If a single member of the Appropriate Authority authorises a search, then it will be completely illegal as being contrary to Section 30 (1). “If the law requires a particular thing to be done in a particular manner, the same shall be done in that manner only”. Read more

[Ravinder Kumar v. State of Haryana, 2024 SCC OnLine SC 2495]

[Jaypee Infratech Resolution Plan] SC closes home buyers’ pleas after Suraksha Realty offers for allotment of homes or refund

In a civil appeal in respect of denial of homebuyer’s right over the flat in ‘KOSMOS society’, to be developed by Corporate Debtor- Jaypee Infratech Ltd. (JIL), the Division Bench comprising of Sanjiv Khanna and Sanjay Kumar, JJ. disposed of appeals along with applications for impleadment, and other pending applications after noting Suraksha Realty Limited’s (resolution applicant) submission, that it re-examined the matter and the home buyers, about 538, who paid more than 80% of the demand, will be given the option for allotment of the flat/home within 30 days, in which event, the said home buyers will be treated on par with other claimants/home buyers. Further, in case any home buyer seeks refund of the amount as per the plan, the refund will be issued regardless of whether the claim was made or not. Read more

[Ayush Agarwal v. Jaypee Infratech Ltd., 2024 SCC OnLine SC 794]

SC summarises sequence of application of Karnataka Stamp Act provisions on insufficiently stamped instruments

While deliberating over the instant appeals revolving around the scope of Sections 33, 34, 37, and 39 of the Karnataka Stamp Act, 1957, the Division Bench of Hrishikesh Roy and SVN Bhatti*, JJ., took note that there are still certain misgivings vis-a-vis in the sequence of application of Ss. 33, 34, 35, 37, and 39 of Karnataka Stamp Act and summed up the steps for the benefit of practice and procedure. Read more

[Seetharama Shetty v. Monappa Shetty, 2024 SCC OnLine SC 2320]

NRJ SERIES

Different parts of admission inseparably connected to form integral whole must be accepted or rejected as a whole [(1953) 2 SCC 560]

The present appeal was filed against the judgment of the High Court of Allahabad (‘the High Court’), confirming the conviction and death sentence passed on appellant for murder, by the Sessions Judge, Moradabad (‘the Sessions Judge’). The 3-Judges Bench of B.K. Mukherjea, N.H. Bhagwati*, and B. Jagannadhadas, JJ., held that in the present case, inculpatory part of the statement of appellant was so connected with exculpatory part as to be inseparable from it and thus, the High Court was not justified in acting only upon inculpatory part and holding appellant guilty of offence of murder. The Supreme Court allowed the appeal and appellant was acquitted, discharged, and set at liberty. Read more

[Bhikam Saran v. State of U.P., (1953) 2 SCC 560]

When Supreme Court set aside murder and dacoity conviction due to ‘gravity and complexity of case’ requiring adequate consideration [(1953) 2 SCC 478]

The present appeal was filed by the appellant, in a suit for specific performance of an agreement to sell certain immovable property, entered between Respondent 1 and the appellant, the three-Judges Bench of M.C. Mahajan, B.K. Mukherjea and B. Jagannadhadas*, JJ., stated that the actual evidence in the present case relating to the agreement was entirely oral and of a very flimsy character. The earlier mention of this arrangement was when it was put forward in the notice dated 29-5-1942 issued by the appellant. Meanwhile, Respondent 1 mortgaged the suit properties on 31-12-1940 and sold one item to Respondent 3 on 1-7-1941. There was no written protest about these transactions issued by the appellant to Respondent 1. Read more

[Jagadambal Ammal v. Narayanaswami Ayyar, (1953) 2 SCC 257]

A person cannot be made vicariously liable under Section 34 of IPC without having anyone to share common intention with [(1953) 2 SCC 610]

In the present case, appellant was prosecuted with two others, Buta Singh and Sohan Singh, for the murder of three persons and for attempt to murder another person. The Sessions Judge convicted appellant under Sections 302 and 307 read with Section 343 of the Penal Code, 1860 (‘IPC’) and imposed sentence of death under Sections 302/34 of IPC and ten years’ rigorous imprisonment under Sections 307/34 of IPC. Read more

[Darshan Singh v. State of U.P., (1953) 2 SCC 610]

Previous decisions operate as judicial precedents while interpreting exact same documents; not necessary to examine operation of res judicata [(1954) 1 SCC 347]

In an appeal filed against the judgment and decree dated 16-5-1949 of the Patna High Court (‘the High Court’), the four-Judges Bench of B.K. Mukherjea, Vivian Bose*, Ghulam Hasan and T.L. Venkatarama Ayyar, JJ., stated that the question that whether Taluka Kakwara was a government ghatwali or a zamindari fell for consideration in Thakur Rudreshwari Prasad v. Rani Probhabati, 1951 SCC 1031 (‘Thakur Rudreshwari case’). Regarding the appellant’s contention that the previous decision was not res judicata, the Supreme Court stated that it was not necessary to examine the res judicata issue because even if the matter was not concluded, the previous decision would operate as a judicial precedent on the interpretation of these very documents. Read more

[Thakur Rudreshwari Prasad Sinha v. Ramabati Devi, (1954) 1 SCC 347]

When SC dismissed plea of Math’s head to restrain State from enforcing provisions of Bombay Public Trusts Act, 1950 of it being unconstitutional [(1954) 1 SCC 483]

In the present case, a petition under Article 32 of the Constitution was filed praying for a writ, in the nature of mandamus, against the State of Bombay and the Charity Commissioner of that State directing them to forbear from enforcing against petitioner the provisions of the Bombay Public Trusts Act, 1950 (‘1950 Act’), on the ground that the 1950 Act was ultra vires the Constitution as it offended fundamental rights of petitioner under Articles 25, 26, and 27 of the Constitution. The 5-Judges Bench of M.C. Mahajan, CJ., B.K. Mukherjea*, S.R. Das, Vivian Bose, and Ghulam Hasan, JJ., opined that petitioner could claim exclusion or exemption from operation of the 1950 Act in an appropriate manner and in case of applicability of the 1950 Act to him, his case would be governed by earlier decisions of the Supreme Court. The Supreme Court held that it would be open to petitioner to challenge the enforcement of those provisions of the 1950 Act which have been held to be invalid in earlier Supreme Court’s decisions. Read more

SCC Times

Supreme Court Roundup September 2024|Delhi Excise Liquor Policy; Kolkata Rape and Murder Case; Final-year law students in AIBE; Tirupati Laddu Controversy; and More

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ARBITRATION

CONTRACT LAW