“If legitimacy were not to be conferred, this would affect, on the one hand, the rights of children born from void or voidable marriages: though the relationship of the parents may not be sanctioned by law, the child born from such marriage would have been stigmatized as ‘illegitimate’. Parliament stepped in to obviate such a consequence by enacting Section 16. At the same time, Parliament was cognizant of the fact that protecting a child born from a void or voidable marriage from the consequence of ‘illegitimacy’ and conferring legitimacy on such a child, would have consequences on the right to property of parents and persons other than the parents.”
Dr. Justice DY Chandrachud, Chief Justice of India
[Revanasiddappa v. Mallikarjun, 2023 SCC OnLine SC 1087]
Constitution Bench Judgment
Section 6A of DSPE Act unconstitutional from date of insertion: Supreme Court Constitution Bench
While considering whether declaration made in Subramanian Swamy v. CBI, (2014) 8 SCC 682 regarding unconstitutionality of Section 6-A of Delhi Special Police Establishment Act, 1946 (‘DSPE Act’) could be applied retrospectively in context of Article 20 of Constitution of India, the Constitution Bench of Sanjay Kishan Kaul, Sanjiv Khanna, Abhay S. Oka, Vikram Nath* and J.K. Maheshwari, JJ. held that its decision in Subramanian Swamy (supra) declaring Section 6-A of DSPE Act unconstitutional, shall have retrospective effect, to be ineffective from the date of its insertion. Read more
[Central Bureau of Investigation v. Dr RR Kishore, 2023 SCC OnLine SC 1146]
5-Judge Bench verdict on LMV license for transport vehicles
Supreme Court 5-Judge Bench seeks Union’s view on question of validity of LMV license for transport vehicles of specific class
While dealing with the issue of “whether a person holding a driving licence in respect of a ‘light motor vehicle’ could on the strength of the license be entitled to drive a ‘transport vehicle of light motor vehicle class’ having unladen weight not exceeding 7500 kgs”, the 5-Judge Bench of Dr. Dhananjaya Y. Chandrachud, CJ., Hrishikesh Roy, Pamidighantam Sri Narasimha, Pankaj Mithal and Manoj Misra, JJ. requested the Union Government to consider the question and express its views after careful evaluation of policy considerations. Read more
[Bajaj Alliance General Insurance Co. Ltd. v. Rambha Devi, 2023 SCC OnLine SC 1165]
Manual on media briefings by police
Home Ministry to prepare a comprehensive manual on media briefings by police personnel: Inside Supreme Court verdict
In batch of appeals concerning the procedure to be followed by the police in investigating police encounters; and the propriety and procedure of media briefings by police personnel, the full bench of Dr. DY Chandrachud, CJI, PS Narasimha and Manoj Misra, JJ. has directed the Union Ministry of Home Affairs (‘Ministry’) to prepare a comprehensive manual on media briefings by police personnel after considering the views from the Directors General of Police (‘DGPs’) and after consulting other stake holders including representative segments of the print and electronic media who may have suggestions on the issue. Read more
[People’s Union for Civil Liberties v State of Maharashtra, 2023 SCC OnLine SC 1166]
Compensation to IAF veteran infected with HIV
SC orders IAF, Army to pay Rs. 1.55 Crore to Veteran infected with HIV after blood transfusion at Military hospital; Centre and States to issue HIV/AIDS guidelines, welfare schemes
In a case where a radar operative/technician with the Indian Air Force (IAF) tested HIV positive after receiving a transfusion of virus-infected blood at a Military Hospital, the bench of S. Ravindra Bhat and Dipankar Datta, JJ has issued a series of directions to the Central and State Governments to frame guidelines relating to diagnostic facilities, Antiretroviral therapy and opportunistic Infection Management, and welfare schemes for the people affected by HIV/AIDS. Read more
[CPL Ashish Kumar Chauhan v. Commanding Officer, 2023 SCC OnLine SC 1220]
Stage carriage permits
Supreme Court refuses to interfere with Calcutta HC order holding Notification altering stage carriage permits as constitutional
In a special leave petition against the judgment and order passed by the Calcutta High Court, wherein the Court held that the Notification dated 06-06-2014 altering stage carriage permits, is an administrative order and a policy decision of the State and the same is not ex facie unconstitutional, the division bench of Vikram Nath and Ahsanuddin Amanullah, JJ. refused to interfere with the impugned judgment and order. Read more
[Sk. Sajed Ali v. State of W.B., 2023 SCC OnLine SC 1224]
UGC pay scales of 1996
Physical education and Library Personnel in Karnataka Government Grade Colleges drawing UGC pay scales of 1996 entitled to other government benefits: Supreme Court
While deciding whether physical education and library personnel drawing UGC pay scales of 1996 could be denied other State Government benefits under the Government Order dated 15-11-1999, the Division Bench of Abhay S. Oka* and Pankaj Mithal, JJ. quashed and set aside the impugned judgment passed by the Karnataka High Court and directed the State Government to extend the said benefits to the appellants within 3 months. Read more
[B.C. Nagaraj v. State of Karnataka, 2023 SCC OnLine SC 1156]
JKNC’s entitlement to plough symbol
Supreme Court upholds JKNC’s entitlement to plough symbol; discusses High Court’s powers to decide matters touching various tangents
In an appeal filed against decision of Division Bench of Jammu and Kashmir and Ladakh High Court upholding interim order passed by the Single Judge on 9-08-2023 against refusal of plough symbol to Jammu & Kashmir National Conference for General Elections of Ladakh Autonomous Hill Development Council, Kargil (‘LAHDC’), the Division Bench of Vikram Nath and Ahsanuddin Amanullah*, JJ. set aside the entire election process so conducted and issued directions for conduct of elections afresh. Read more
[Union Territory of Ladakh v. Jammu & Kashmir National Conference, 2023 SCC OnLine SC 1140]
Supreme Court Explainers
Explained | Supreme Court’s verdict on evidentiary value of disclosure statements under S.27 of Evidence Act
In a criminal appeal filed by two convicts against the judgment and order of the Madhya Pradesh High Court, wherein the Court dismissed the appeals filed by the convicts against their conviction, the division of S. Ravindra Bhat and Dipankar Datta*, JJ. , while setting aside the impugned conviction orders, said that their convictions cannot be justified solely on the basis of illusory knowledge regarding their involvement in the crime. Further, it directed immediate release of the convicts from custody. Read more
[Manoj Kumar Soni v. State of M.P., 2023 SCC OnLine SC 984]
Explained| Supreme Court verdict on requirement of public declaration for soleminisation of self-respect and secular marriages
In an appeal against the Madras High Court order holding public declaration, a mandatory requirement for solemnization of marriage under Section 7-A of the Hindu Marriage Act, 1955, the division bench of S. Ravindra Bhat* and Aravind Kumar, JJ. has said that to superimpose the condition of a public declaration for solemnizing marriage, which is absent in Section 7-A of the Hindu Marriage Act, 1955, is not only narrowing the otherwise wide import of the statue but also would be violative of the rights under Article 21 of the Constitution of India. Read more
[Ilavarasan v. State, 2023 SCC OnLine SC 1120]
Breaking down Supreme Court’s explanation on grant of divorce on grounds of ‘cruelty’ under Hindu Marriage Act
In a civil appeal against the Chhattisgarh High Court’s judgment, affirming the Trial Court’s order, whereby a decree of divorce was declined to be granted to the appellant-wife, the Division Bench of Sanjiv Khanna and M.M. Sundresh*, JJ. allowed the appeal and granted a decree of divorce and explained the scope of grant of divorce on grounds of ‘cruelty’ under Hindu Marriage Act. Read more
[Roopa Soni v. Kamalnarayan Soni, 2023 SCC OnLine SC 1127]
SC explains Object and Purpose of inclusion of Sec. 10-A of MMDR Act by MMDR Amendment Act, 2015
In a civil appeal against the Judgment of Calcutta High Court, whereby an intra-appeal preferred by the State of West Bengal (‘appellant’) was dismissed and the authorised officer was directed to execute a mining lease in favour of the sole proprietor of the Chiranjilal (Mineral) Industries of Bagandih (‘respondent’), the Division Bench of Sanjiv Khanna and Aravind Kumar, JJ. partly allowed the appeal. The Court directed the appellant to execute a mining lease of the 20.87 acres of land in favour of the respondent. The Court discussed the amendment around the Mines and Minerals (Development and Regulation) Act, 1957 (‘MMDR Act’). Read more
[State of W.B. v. Chiranjilal (Mineral) Industries of Bagandih, 2023 SCC OnLine SC 1149]
Strict adherence to Rule 142(2) of BSF Rules important before accepting plea of guilty’: Supreme Court explains in detail
In twin appeals challenging judgment and order passed by Delhi High Court in Jogeswar Swain v. Union of India, 2013 SCC OnLine Del 754 setting aside the respondent’s dismissal and directing his entitlement to full consequential benefits except salary to the extent of 50%, and another order dated 22-11-2013 dismissing review petition of the said judgment, the Division Bench of JB Pardiwala and Manoj Misra*, JJ. upheld the High Court’s decision while explaining the importance of strict adherence with Rule 142(2) of BSF Rules, 1969. Read more
[Union of India v. Jogeshwar Swain, 2023 SCC OnLine SC 1136]
Disciplinary proceeding
Onus of proof in disciplinary proceedings depends on nature of charge and explanation put forth by Employee: SC
In a civil appeal filed by the State Bank of India (‘SBI’) against the Judgment of Karnataka High Court, whereby SBI’s appeal was dismissed and confirmed the Single Judge’s order, allowing the respondent’s petition and quashed the Appointing Authority’s decision imposing a punishment of reduction of the salary of the respondent, the Division Bench of J.K. Maheshwari and K.V. Viswanathan*, JJ. allowed the appeal and set aside the impugned judgment of the Single Judge and Division Bench. Read more
[SBI v. A.G.D. Reddy, 2023 SCC OnLine SC 1064]
Employees Compensation Act
RPF Constable a railway servant; entitled to claim under Employees Compensation Act, 1923: Supreme Court
In an appeal against judgment and order passed by Gujarat High Court dismissing appeal under Section 30 of Employees Compensation Act, 1923 (‘1923 Act’) against order passed by Workmen Compensation Commissioner, the Division Bench of B.V. Nagarathna and Manoj Misra, JJ. upheld the maintainability of claim of compensation of Railway Protection Special Force (‘RPF’) Constable disputed to be part of the Armed Forces of the Union. Read more
[RPSF v. Bhavnaben Dinshbhai Bhabhor, 2023 SCC OnLine SC 1218]
Appointment to judiciary
‘No indefeasible right to appointment in case of fresh vacancy if candidate secured merit position previously’: SC
In a civil appeal against the Judgment and order of Punjab and Haryana High Court, whereby the appellant was not granted any relief for his appointment to the higher judicial service of the State under direct recruitment quota, the Division Bench of Hrishikesh Roy and Pankaj Mithal*, JJ. dismissed the appeal and refused to interfere with the impugned decision. The Court held that the appellant had not acquired any indefeasible right to be appointed because he had qualified in the selection process. Read more
[Sudesh Kumar Goyal v. State of Haryana, 2023 SCC OnLine SC 1201]
Principle of natural justice
Punjab Police Rules, 1934 | Supreme Court discusses SP and SSP’s power to discharge Constable
In twin appeals by the State challenging the High Court’s affirmation of decision of First Appellate Court and Trial Court holding the discharge order against the Constable illegal on the ground of being passed in violation of principles of natural justice, the Division Bench of J.K. Maheshwari and K.V. Viswanathan, JJ. found the decision of the High Court and two Courts below to be completely erroneous in law and set them aside while getting into detailed interpretation of Rule 12.21 of Punjab Police Rules, 1934 (‘PPR’). Read more
[State of Punjab v. Jaswant Singh, 2023 SCC OnLine SC 1111]
Arbitration
SC discusses scope of Judicial Interference with arbitral awards under Section 34 of A&C Act
While hearing a civil appeal by Batliboi Environmental Engineers Limited (‘BEEL’) against the Bombay High Court’s Judgment, whereby the Hindustan Petroleum Corporation Limited’s (‘HPCL’) appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (‘Act’) was allowed and arbitral award was set aside, the Division Bench of Sanjiv Khanna* and M.M. Sundresh, JJ. dismissed the appeal and upheld the impugned Judgment. The Court also discussed the scope and ambit of Section 34 of the Act. Read more
[Batliboi Environmental Engineers Ltd. v. Hindustan Petroleum Corpn. Ltd., 2023 SCC OnLine SC 1208]
SARFAESI Act
Section 13(8) of SARFAESI Act| Right of redemption of mortgage extinguishes on publication of auction notice: Supreme Court
In twin appeals challenging the decision of Bombay High Court by an auction purchaser left high and dry by the respondents due to a private arrangement between the bank and the borrowers, the Division Bench of Dr. Dhananjaya Y. Chandrachud, CJI and J.B. Pardiwala, J.* held that as per the amended Section 13(8) of Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (‘SARFAESI Act’), the borrower’s right of redemption of mortgage stood extinguished once the auction notice was published. Therefore, the Court directed the bank to return the entire amount paid by the borrowers and issue sale certificate in favour of the auction purchaser. Read more
[Celir LLP v. Bafna Motors (Mumbai) Pvt. Ltd., 2023 SCC OnLine SC 1209]
Corruption
Motive under Prevention of Corruption Act | Court cannot be oblivious to statutory presumption permissible under Section 20: Supreme Court
In a Criminal Appeal challenging judgment and order passed by the Andhra Pradesh High Court on 21-03-2011 confirming the Trial Court’s order convicting the appellant for offences under Sections 7, 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 (‘PC Act’) and sentencing him to imprisonment, the Division Bench of Bela M. Trivedi* and Dipankar Datta, JJ. found the instant appeal devoid of merits while explaining the scope of presumption permissible under Section 20 of PC Act. Read more
[P. Sarangapani (Dead) v. State of A.P., 2023 SCC OnLine SC 1200]
Taxation
KSCARDB a co-operative society, entitled to benefit under Section 80P of Income Tax Act: Supreme Court
While considering whether the assessee, a co-operative society, was entitled to claim deduction of whole of its profits and gains of business attributable to banking business or providing credit facilities to its members who are all co-operative societies under Section 80-P of the Income Tax Act, 1961 (1961 Act), the Division Bench of B.V. Nagarathna* and Ujjal Bhuyan, JJ. has traced various relevant provisions to hold that the assessee being a co-operative society and not a co-operative bank was entitled to the benefit of Section 80-P of 1961 Act. Read more
[Kerala State Coop. Agricultural & Rural Development Bank Ltd. v. Assessing Officer, Trivandrum, 2023 SCC OnLine SC 1164]
SC upholds validity of Himachal Pradesh Passengers and Goods Taxation Act, 1955; NHPC liable to pay tax on vehicles carrying employees and family gratis
In a batch of civil appeals assailing the Himachal Pradesh High Court’s orders, whereby the Himachal Pradesh Passengers and Goods Taxation Act, 1955 (‘Act, 1955’) as amended from time to time by the Himachal Pradesh Passengers and Goods (Amendment and Validation) Act, 1997 (‘Amendment Act, 1997’) were upheld, the Division Bench of B.V. Nagarathna* and Ujjal Bhuyan, JJ. Dismissed the appeals and upheld the validity of Act, 1955 as amended by Amendment Act, 1997. Read more
[NHPC Ltd. v. State of Himachal Pradesh Secretary, 2023 SCC OnLine SC 1137]
Criminal Cases
Court cannot convict one accused and acquit other when there is similar evidence against them: Supreme Court
In an appeal filed by a convict against the judgment passed by the Gujarat High Court, wherein the Court convicted some of the accused, while acquitting others in a case, the division bench of Abhay S. Oka* and Sanjay Karol, JJ. has acquitted the convict by setting aside the judgment of the Trial Court and the impugned judgment of the High Court. Read more
[Javed Shaukat Ali Qureshi v. State of Gujarat, 2023 SCC OnLine SC 1155]
Supreme Court acquits Death row convicts: The 15-year-old’s brutal murder case that sparked call for code of investigation for Police to avoid technical acquittals
In a case where a young boy was cruelly done to death but the prosecution had “utterly failed to pass muster in establishing its case”, the 3-judge bench of BR Gavai, JB Pardiwala and Sanjay Kumar, JJ has suggested that it is high time that a consistent and dependable code of investigation is devised with a mandatory and detailed procedure for the police to implement and abide by during the course of their investigation so that the guilty do not walk free on technicalities, as they do in most cases in our country. Read more
[Rajesh v. State of M.P., 2023 SCC OnLine SC 1202]
SC acquits murder convict on ground of insanity; Sets aside HC’s life sentence verdict for murdering grandfather
In a criminal appeal against the conviction and life imprisonment sentence order of the Sikkim High Court for the offence punishable under Section 302 of the Penal Code, 1860 (‘IPC’), the Division Bench of J.B. Pardiwala and Prashant Kumar Mishra* JJ. allowed the appeal and set aside the impugned order and acquitted the convict. Read more
[Rupesh Manger v. State of Sikkim, 2023 SCC OnLine SC 1157]
Duty of police to produce imprisoned accused before Court; accused cannot be blamed for negligence by police: Supreme Court
In a special leave to appeal against the judgment and order passed by the Allahabad High Court, wherein the Court rejected the bail application of the accused as he did not appear before the Trial Court, the division bench of B.R. Gavai and Prashant Kumar Mishra, JJ. released the accused on bail and stated that since the accused is in prison, therefore, it was the duty of the police authorities to produce him before the Trial Court. Read more
[Satendra Babu v State of UP]
Supreme Court sets aside Patna HC order giving death penalty to a man for raping and murdering a 10-year-old girl
In an appeal by the convict against the judgment and order passed by the Patna High Court, wherein the Court sentenced him to death for the offence of rape and murder of a 10-year-old girl, the full bench of BR Gavai, JB Pardiwala*, and Prashant Kumar Mishra, JJ. has set aside the impugned judgment and remitted the matter to the High Court to decide the reference under Section 366 of the CrPC in the manner it ought to have been decided. Read more
[Munna Pandey v. State of Bihar, 2023 SCC OnLine SC 1103]
Accused cannot seek anticipatory bail without successfully assailing order declaring him a proclaimed offender: Supreme Court
In an appeal, filed by the State of Haryana seeking cancellation of anticipatory bail granted to the accused vide Order dated 03-12-2021 passed by the Punjab and Haryana High Court, the division bench of Ahsanuddin Amanullah and SVN Bhatti, JJ. said that the accused, without first successfully assailing the order declaring him as a proclaimed offender, could not have proceeded to seek anticipatory bail. Thus, it was held that the accused’s application under Section 438 of the Code of Criminal Procedure, 1973 (‘CrPC’) should not have been entertained, as he was a proclaimed offender. Read more
[State of Haryana v Dharamraj, 2023 SCC OnLine SC 1085]
Supreme Court quashes S.498A IPC case against in-laws; calls allegations “Far-fetched and improbable”
In an appeal filed by the in laws (appellants) of the wife seeking quashing of FIR and criminal proceedings for the offence of cruelty under Section 498A, the full bench of Aniruddha Bose, Sanjay Kumar, and SVN Bhatti JJ., while quashing the FIR and criminal proceedings against the appellants, opined that the wife’s allegations against the appellants are wholly insufficient and, prima facie, do not make out a case against them.Read more
[Abhishek v State of Madhya Pradesh, 2023 SCC OnLine SC 1083]
Andaman & Nicobar Islands Gang rape case | Supreme Court modifies bail conditions for Ex-Chief Secretary and 2 others
In a batch of petitions challenging order passed by Calcutta High Court on 20-02-2023 granting bail to Jitendra Narain, Ex-Chief Secretary of Andaman and Nicobar Islands for offences under Sections 376-D, 228-A, 506 and 120 of Penal Code, 1860 (‘IPC’) and bail granted to two co-accused from the same First Information Report (‘FIR’), the Division Bench of Vikram Nath* and Ahsanuddin Amanullah, JJ refused to interfere with the impugned order and modified the conditions for grant of bail. Read more
[XXX v. State (UT of Andaman & Nicobar Islands), 2023 SCC OnLine SC 1062]
Can conviction for attempt to murder sustain when injuries were very simple? Supreme Court answers
In a criminal appeal filed by the convict against the judgment and order passed by the Bombay High Court, the division bench of Bela M. Trivedi and Dipankar Datta, JJ. while dismissing the appeal, has said that merely because the injuries sustained by the complainant were very simple in nature, that would not absolve the convict from being convicted for the offence under Section 307 of the IPC. Read more
[SK Khaja v State of Maharashtra, 2023 SCC OnLine SC 1093]
Can Enforcement Officer file complaint under repealed provisions of FERA after enforcement of FEMA? SC answers
In an appeal against the judgment passed by the Bombay High Court, wherein the Court has dismissed an application filed by the appellants under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’), the division bench of Abhay S. Oka* and Sanjay Karol, JJ. has held that an Enforcement Officer can file a complaint under repealed provisions of Foreign Exchange Regulation Act, 1973 (‘FERA’) during the sunset period of 2 years, after enforcement of Foreign Exchange Management Act, 1999 (‘FEMA’). Read more
[First Global Stockbroking (P) Ltd. v. Anil Rishiraj, 2023 SCC OnLine SC 1199]
Banking
RBI’s Amalgamation Scheme aimed at securing larger public interest and banking industry’s health: Supreme Court
In appeals against Delhi High Court’s order rejecting petition for quashing criminal proceedings against DBS Bank India Ltd. (‘DBS Bank’), the Division Bench of S. Ravindra Bhat* and Aravind Kumar, JJ. held that criminal liability can neither be attributed to DBS nor its directors, brought in after the amalgamation, whose appointments were approved by the RBI. Read more
[Religare Finvest Limited v. State (NCT of Delhi), 2023 SCC OnLine SC 1148]
Consumer Protection
What is the ambit of “Commercial Purpose” defined under Consumer Protection Act?: Supreme Court answers
In an appeal against the order passed by the National Consumer Dispute Redressal Commission (‘NCDRC’), wherein the commission held that the commercial space booked by the complainants was for earning profit and not for the purpose of earning a livelihood by self-employment. Thus, the appellants are not consumers as defined under Section 2(1)(d) of the Act, the division bench of S. Ravindra Bhat and Aravind Kumar*, JJ. while setting aside the impugned order, said that the expression ‘for any commercial purpose’ must be understood as covering cases other than those of resale of the goods. Read more
[Rohit Chaudhary v. Vipul Ltd., 2023 SCC OnLine SC 1131]
Supreme Court upholds NCDRC order denying compensation to complainant who failed to establish Engerix-B vaccine as cause for his ‘myositis’
In an appeal against the order dated 25-04-2012 passed by the National Consumer Disputes Redressal Commission, (‘NCDRC’), wherein the Commission has held that the complainant has miserably failed to establish his case in regard to either any defect in the drug in question or any negligence amounting to deficiency in service on the part of the manufacturer of the drug (Glaxo Smithkline Pharmaceuticals), the division bench of AS Bopanna* and Prashant Kumar Mishra, JJ. while upholding the impugned order, held that the appellant has not established with the minimal required evidence to conclude even on preponderance of probability that the cause for his ‘myositis’ was the Engerix-B vaccine. Read more
[Prakash Bang v Glaxo Smithkline Pharmaceuticals Ltd, 2023 SCC OnLine SC 1123]
Cheque Bounce Case
Whether debt was barred by limitation or not in cheque bounce cases, is a question of evidence: SC
In a criminal appeal assailing the Andhra Pradesh High Court’s judgment, whereby criminal proceedings against the accused for offences under Section 138 and 142 of the Negotiable Instruments Act (‘NI Act’) were quashed, the Division Bench of A.S. Bopanna* and Prashant Kumar Mishra, JJ. allowed the appeal and set aside the impugned order. Read more
[K. Hymavathi v. State of A.P., 2023 SCC OnLine SC 1128]
Special Courts for Expeditious trials
1 yr Pilot study period of Special Courts for Expeditious trials under S. 138 NI Act expires; SC to hear plea for further directions
In an intervention application filed for seeking further appropriate directions and clarifications on expiry of period of one year for which Special Courts were constituted under Negotiable Instruments Act, 1881 (‘NI Act’) for conducting trials under Section 138 of the NI Act, the three Judge Bench of B.R. Gavai, Pamidighantam Sri Narasimha and Prashant Kumar Mishra, JJ. allowed the application and listed the matter for hearing on 16-10-2023. Read more
[In Re Expeditious Trial of Cases Under Section 138 of N.I. Act 1881, 2023 SCC OnLine SC 1197]
Insolvency and Bankruptcy
No absolute or unfettered discretion on the part of Liquidator to cancel auction which is otherwise valid: Supreme Court
In an appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (‘Code’) against the order passed by the National Company Law Appellate Tribunal (‘NCLAT’) allowing the appeal of Punjab National Bank (‘PNB’)/financial creditor and upholding the decision of the Liquidator to cancel the auction sale, the division bench of BV Nagarathna and Ujjal Bhuyan*, JJ. held that it that though para 1(11A) has been inserted in Schedule I to the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016. (‘Regulations’) w.e.f. 30-9-20221, it only recognizes the need and necessity for giving reasons in the event of rejecting the highest bid. Read more
[Eva Agro Feeds Pvt. Ltd v Punjab National Bank, 2023 SCC OnLine SC 1138]
Restoration of the statutory appeal
No bar on seeking restoration of appeal if assessee is unsuccessful in availing benefit under Amnesty Scheme: Supreme Court
In an appeal against the judgment of the Division Bench of the Kerala High Court which has affirmed the order of the Single Judge, by which, the application filed by the appellant, seeking restoration of the statutory appeal before the appellate authority was rejected, the division bench of BV Nagarathna and Ujjal Bhuyan, JJ. while setting aside the orders of the High Court as well as the appellate authority, restored the appeal before the Joint Commissioner of Appeals. Further, it opined that the appellate forums would be obliged to consider the taxpayer’s challenge on merits where its amnesty application is rejected. Read more
[PM Paul v State Tax Officer, 2023 SCC OnLine SC 1141]
Contempt of Court
Supreme Court: Unconditional apology not enough to evade punishment for contempt of court if conduct damages dignity of institution
In a case where the Gujarat High Court found the appellants guilty of contempt of court for disobeying an undertaking given to the court regarding the sale of certain properties, and hence, declared the sale transactions to be void, the bench of JB Pardiwala and Manoj Misra, JJ has came down heavily on the litigants using ‘apology’ as a ‘potent weapon’ to avoid punishment and held that courts should not accept an apology if the conduct has seriously damaged the dignity of the institution, even if it is unconditional, unqualified, and bona fide. Read more
[Balwantbhai Somabhai Bhandari v. Hiralal Somabhai Contractor, 2023 SCC OnLine SC 1139]
Legality of preventive detention orders
Supreme Court lays down tests for deciding legality of preventive detention orders
In a criminal appeal against the Judgment and order of Telangana High Court, whereby appellant’s petition seeking a writ of habeas corpus was dismissed and the detention order of the husband was upheld, the Division Bench of Surya Kant, and Dipankar Datta*, JJ. quashed the High Court’s judgment. The Court also laid down certain tests for examination of legality of the order of preventive detention. Read more
[Ameena Begum v. State of Telangana, 2023 SCC OnLine SC 1106]
Principles for exercise of legislative power
Supreme Court lays down Principles for exercise of legislative power of abrogating a law declared invalid by Court
While a batch of civil appeals assailing the Himachal Pradesh High Court’s orders, whereby the Himachal Pradesh Passengers and Goods Taxation Act, 1955 (‘Act, 1955’) as amended from time to time by the Himachal Pradesh Passengers and Goods (Amendment and Validation) Act, 1997 (‘Amendment Act, 1997’) were upheld, the Division Bench of B.V. Nagarathna* and Ujjal Bhuyan, JJ. discussed the law around legislative power to abrogation and laid down certain inexhaustive principles to be followed in exercise of legislative devise of abrogation. Read more
[NHPC Ltd. v. State of Himachal Pradesh Secretary, 2023 SCC OnLine SC 1137]
Rights of Children from Null and Void Marriages
Legitimacy alone not enough for Coparcenary Rights: Decoding Supreme Court verdict on Rights of Children from Null and Void Marriages
The 3-judge bench of Dr. DY Chandrachud, JB Pardiwala and Manoj Misra, JJ has settled the issue as to whether a child, born from a marriage that is null and void under the Hindu Marriage Act, 1955 (HMA), is entitled to ancestral/coparcenary property or only to the self-earned/separate property of the parents and has held that when an individual falls within the protective ambit of sub-section (1) or sub-section (2) of Section 16 of the HMA, they would be entitled to rights in or to the absolute property of the parents and no other person. Read more
[Revanasiddappa v. Mallikarjun, 2023 SCC OnLine SC 1087]
Triple Talaq
Supreme Court reverses Uttaranchal High Court’s quashment in Triple Talaq case; points out required elements in FIR
In twin appeals challenging common judgment passed by the Uttaranchal High Court quashing the First Information Report (‘FIR’) lodged by the appellant wife against her husband for pronouncing triple talaq, the Division Bench of S. Ravindra Bhat and Aravind Kumar, JJ. set aside the impugned order quashing FIR for triple talaq and directed the Trial Court to proceed with the matter. Read more
[Mansoor Ali v. State of Andhra Pradesh, 2023 SCC OnLine SC 1121]
Never Reported Judgments
Never Reported Judgment | When Supreme Court relied on the testimony of injured eyewitnesses present at the spot in close proximity, for identification of the accused persons [(1952) 1 SCC 404]
In a case wherein the appellants had preferred an appeal to this Court under Article 134(1)(a) of the Constitution against the decision of High Court of Judicature for the State of Punjab at Simla, whereby the acquittal of the appellants was set aside, and they were convicted of the offence under Section 302 read with Section 34 of the Penal Code, 1860 (‘IPC’) and were thus sentenced to death for the charges under Sections 302, 325 and 324 read with Section 34 of the IPC, the 4-Judges Bench of Patanjali Sastri, C.J., Fazl Ali*, B.K. Mukherjea and S.R. Das, JJ., observed that the points on which the Sessions Judge based his conclusion had fully met the High Court’s decision. Thus, the Supreme Court opined that the appellants had been rightly convicted. Read more
[Inder Singh v. State of Punjab, (1952) 1 SCC 404]
Never Reported Judgment| Mere intention to gift is not sufficient; completion of transfer of gift is mandatory [ (1952) 1 SCC 445]
In a case wherein an appeal was filed to ascertain that whether the transaction of transfer of gift of shares and delivery by the appellant’s father-in-law was completed before his death, the three-judges bench of Mehr Chand Mahajan, Chandrasekhara Aiyar and Vivian Bose*, JJ., did not believe the appellant’s version that the said deed was handed over to him immediately on the day of execution and opined that despite intention of the appellant’s father-in-law to gift away the said shares to the appellant was apparent, the fact remained that transfer was not completed, so the appellant got no title, thus dismissed the appeal. Read more
[Sachindra Nath Sett v. Naba Kumar Mallick, (1952) 1 SCC 445]
Never Reported Judgment| When Supreme Court upheld the conviction based solely on dying declaration in Acid Poisoning case [(1952) 1 SCC 346]
In a case wherein, a special leave to appeal was filed by the appellant under Article 136 of Constitution before the Supreme Court to set aside the appellant’s conviction under Section 302 of the Penal Code, 1860 (‘IPC’), the Division Bench of Fazl Ali* and Vivian Bose, JJ., opined that there were no sufficient grounds to disturb the concurrent conclusion arrived by the Sessions Judge and the High Court and accordingly, dismissed the appeal and upheld the appellant’s sentence and conviction. Read more
[Vishnu Nagesh Malpathak v. State of Bombay, (1952) 1 SCC 346]
Never Reported Judgment | When Supreme Court determined the public or private status of the lane between the houses [(1952) 1 SCC 296]
In a case wherein the appellant had appealed to the Supreme Court after obtaining a certificate under Section 109(c) of the Civil Procedure Code, 1908 from the Allahabad High Court (‘High Court’) for leave to appeal against its judgment and decree, the Division Bench of Fazl Ali* and Vivian Bose, JJ., held that the conclusion arrived at by the Trial Judge that the lane belonged to the appellant was correct, and accordingly upheld the decree passed by him ordering the respondents to close the drain opening into the lane and restraining them from having access to the door in the southern wall of their house or using the lane in any other manner. Read more
[Sheik Altaf Husain v. L. Bhullan Lal, (1952) 1 SCC 296]
SCC Weekly
Know Thy Judge
