“In order to maintain the purity of the electoral process, the “little cross” on the “little bit of paper” must be made only by the metaphorical “little man” walking into the “little booth” and no one else.”
~Dr Justice DY Chandrachud
[Kuldeep Kumar v. State (UT of Chandigarh), 2024 SCC OnLine SC 175]
Quick News
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Supreme Court imposes temporary ban on Patanjali ads for medicinal products; issues contempt notice
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Essar Case | Supreme Court allows ArcelorMittal Nippon Steel — Indian Oil to appoint arbitrators
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Delhi Riots 2020: Supreme Court adjourns Umar Khalid’s bail plea once again
Supreme Court Case Briefs
Supreme Court strikes down Electoral Bonds Scheme for being violative of right to information under Art. 19(1)(a) of Constitution
In a petition challenging the constitutional validity of the Electoral Bond Scheme which introduced anonymous financial contributions to political parties , the 5-Judge Constitution Bench of Dr. DY Chandrachud*, CJ., Sanjiv Khanna**, BR Gavai, JB Pardiwala, Manoj Misra, JJ. arrived at a unanimous verdict, giving two opinions, one authored by Dr. Justice DY Chandrachud for Justice Gavai, Justice Pardiwala and Justice Misra, and other by Justice Sanjiv Khanna arrived at same conclusion, with slight variance in the reasoning, and held that anonymous electoral bonds are violative of the right to information under Article 19(1)(a) of the Constitution. Thus, the electoral bonds scheme has been struck down for being unconstitutional.
For Supreme Court Registry
Registry cannot decide whether dismissed review petition merited relook through curative jurisdiction: Supreme Court
In an application challenging the order of the Supreme Court Registrar declining registration of a set of ‘curative petitions’, the Division Bench of Aniruddha Bose* and Sudhanshu Dhulia, JJ. clarified that Registry was not vested with power to decide whether a review petition dismissed after open court hearing merited relook through curative jurisdiction of the Court. It further directed the Registry to consult with 3 senior-most judges of Supreme Court, and the judges who passed the judgment challenged.
[Brahmaputra Concrete Pipe Industries v. Assam SEB, 2024 SCC OnLine SC 195]
SC directs Registry to stop referring to Trial Courts as Lower Courts
While hearing a petition for special leave to appeal against the Allahabad High Court’s decision, the Division Bench of Abhay S. Oka and Ujjal Bhuyan, JJ. has directed the Registry of the Court to not refer to the ‘Trial Courts’ as ‘Lower Courts’.
[Sakhawat v. State of U.P., 2024 SCC OnLine SC 141]
Quashment of Case
Multiple reasons possible for marriage proposal not reaching desired end; SC quashes S. 417 case against man for lack of intention to cheat
In a criminal appeal against Kerala High Court’s order whereby, the appellant’s petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) was partly allowed and criminal proceedings for offence under Section 417 was refused to be quashed, the Division Bench of Sudhanshu Dhulia and Prasanna Bhalachandra Varale, JJ. allowed the appeal and set aside the impugned order.
[Raju Krishna Shedbalkar v. State of Karnataka, Order dated 02-02-2024]
Section 59 of Food Safety and Standards Act overrides Sections 272 and 273 of Penal Code: Supreme Court
In an appeal challenging order passed by the Division Bench of Allahabad High Court on 5-10-2010, surrounded on the interplay between the provisions of Chapter IX of Food Safety and Standards Act, 2006 (‘FSSA’) and Sections 272 and 273 of Penal Code, 1860 (‘IPC’), the Division Bench of Abhay S. Oka* and Sanjay Karol, JJ. clarified that FSSA had an overriding effect on other laws. Therefore, the Court quashed and set aside the impugned order.
[Ram Nath v. State of U.P., 2024 SCC OnLine SC 177]
‘No element of criminality’: Supreme Court quashes case of commercial dispute given colour of criminal offence
In a challenge against Allahabad High Court’s dismissal of application seeking to quash a criminal case for criminal breach of trust and intimidation, the Division Bench of Aniruddha Bose* and Sanjay Kumar, JJ. found the matter to be a commercial dispute without any element of criminality and quashed the case.
[Sachin Garg v. State of U.P., 2024 SCC OnLine SC 82]
Can breaking up and advising a partner to marry someone else amount to abetment to suicide? Supreme Court answers
In an appeal filed Madras High Court’s refusal to criminal proceedings initiated under Sections 417, 306 of the Penal Code, 1860 (‘IPC’) read with Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 2002 (‘TNPHW Act’), the division bench of Vikram Nath and K.V. Viswanathan, JJ. while setting aside the impugned judgment quashed the criminal proceedings against the accused. Further, it said that the accused, by breaking up the relationship with the deceased and by advising her to marry in accordance with the advice of her parents had not intended to abet her suicide. Hence, it held that the offence under Section 306 is not made out.
[Prabhu v. State, 2024 SCC OnLine SC 137]
Conviction Or Acquittal
Supreme Court acquits convict in a 42-year-old murder case
In a criminal appeal directed against the judgment and order passed by the Allahabad High Court confirming the conviction and sentence imposed on the convict for the offence under Section 301 read with Section 302 of the Penal Code, 1860 (‘IPC’) by the Additional Sessions Judge, the division bench of Abhay S. Oka and Ujjal Bhuyan*, JJ. while setting aside the conviction and sentence of the convict, said that the convict should be given the benefit of doubt as the prosecution could not prove his guilt beyond all reasonable doubt as the evidence tendered by the eyewitnesses suffer from serious lacunae. Thus, their evidence cannot be said to be credible.
[Ram Singh v. State of U.P., 2024 SCC OnLine SC 170]
Know why Supreme Court modified murder conviction to Section 304 part 2 of IPC for one out of four accused
In a criminal appeal against Telangana High Court’s concurrence with Trial Court’s order of conviction under Section 302 read with Section 34 of Penal Code, 1860 (‘IPC’) and sentence of life imprisonment for 4 accused persons, the Division Bench of B.R. Gavai and Pamidighantam Sri Narasimha, JJ., confirmed conviction of 3 but and modified conviction under Section 304 of IPC with sentence of 10 years for the 4th accused.
[Velthepu Srinivas v. State of Telangana, 2024 SCC OnLine SC 107]
Know what led the Supreme Court to set aside private tutor’s conviction in 1996 Rape Case
In an appeal against the High Court’s dismissal of appeal against Trial Court’s order of conviction for offences punishable under Sections 366 and 376 of Penal Code, 1860 (‘IPC’), the Division Bench of M.M. Sundresh and S.V.N. Bhatti, JJ. highlighted the discrepancy in prosecution case and set aside the conviction. The crux of the case depicts that the appellant took away the victim girl on 8-11-1996, who was rescued by a prosecution witness. The First Information Report (‘FIR’) was registered on 15-11-1996 and the medical examination was done three months later.
[Debendra Paikar v. State of W.B., 2024 SCC OnLine SC 98]
Whether non-disclosure of criminal case in job verification form is always fatal to candidate’s employment? Supreme Court answers
In a civil appeal against the Allahabad High Court’s decision, the Division Bench of J.K. Maheshwari and K.V. Viswanathan*, JJ. allowed the appeal and held that non-disclosure of the criminal case in the verification form, which ended in acquittal, is not always fatal to the candidate’s employment. The Court said that each case will depend on the facts and circumstances, and the Court will have to take a holistic view.
[Ravindra Kumar v. State of U.P., 2024 SCC OnLine SC 180]
Man accused of killing 2.5-yr-old nephew to walk free after 21 years as SC sets aside High Court’s decision reversing acquittal by Trial Court
In a criminal appeal against Karnataka High Court’s decision whereby, the Trial Court’s decision acquitting the accused/ appellant was reversed, and the accused was found guilty of offences under Sections 201, 302, 363, 364 of the Penal Code, 1860 (‘IPC’), the Division Bench of Bela M. Trivedi and Satish Chandra Sharma*, JJ. allowed the appeal and set aside the impugned judgment and restored the Trial Court’s decision of acquittal.
[Kalinga v. State of Karnataka, 2024 SCC OnLine SC 164]
Limitation for appeal against acquittal can be condoned: Supreme Court
In an appeal challenging Delhi High Court’s dismissal of application challenging condonation of delay for an appeal against acquittal, the Division Bench of Sudhanshu Dhulia* and Prasanna Bhalachandra Varale, JJ. clarified that Section 378 of Criminal Procedure Code, 1973 (‘CrPC’) does not exclude applicability of Section 5 of Limitation Act, 1963.
[Mohd. Abaad Ali v. Directorate of Revenue Prosecution Intelligence, 2024 SCC OnLine SC 162]
Political Matters
Breaking Down the Supreme Court’s Verdict on Chandigarh Mayor Polls
In an appeal against the interim order passed by Division Bench of Punjab and Haryana High Court on 31-01-2024 declining to stay the election results or granting any interim relief and listing the hearing in Chandigarh Mayor Polls matter after 3 weeks, Bench of Dr DY Chandrachud*, CJI, JB Pardiwala and Manoj Misra, JJ. set aside the Mayor election results and declared the appellant Kuldeep Kumar to be the winner for Mayor post since the 8 wrongly invalidated votes were cast in his favour, giving him the majority over BJP candidate.
[Kuldeep Kumar v. State (UT of Chandigarh), 2024 SCC OnLine SC 175]
SC grants interim protection from arrest to Odisha MLA Jayanarayan Mishra in woman police officer’s assault case
In a special leave to appeal filed by Member of legislative Assembly and BJP leader Jayanarayan Mishra against the judgment and order passed by the Orissa High Court, wherein the Court denied him anticipatory bail in case for outraging the modesty of a woman, defamation, obscenity, criminal intimidation, wrongful restraint and using criminal force on a public servant, the division bench of Hrishikesh Roy and Prashant Kumar Mishra, JJ. while granting interim protection from arrest to Jayanarayan Mishra, also sought response of the Odisha government in the matter within four weeks.
[Jayanarayan Mishra v. State of Odisha, 2024 SCC OnLine SC 93]
Supreme Court grants bail to Sadanand Kadam in Sai Resort Money Laundering case
In a criminal appeal filed by Sadanand Kadam, a close associate of Shiv Sena (UBT) MLC Anil Parab, accused in a money laundering case in connection with the construction of an allegedly illegal resort named ‘Sai Resort’ in Dapoli, situated in Maharashtra’s Ratnagiri district, the division bench of Abhay S. Oka and Ujjal Bhuyan, JJ. said that Sadanand Kadam is entitled to be enlarged on bail in accordance with Section 45(1)(ii) of the PMLA on appropriate terms and conditions, till the disposal of the complaint case filed by the Directorate of Enforcement under the PMLA.
[Sadanand Gangaram Kadam v. Enforcement Directorate, 2024 SCC OnLine SC 142]
[Sandeshkhali protests] SC stays Lok Sabha Privileges proceedings against West Bengal Chief Secretary and other officials on BJP’s Sukanta Majumdar’s complaint
In a civil writ petition by the Director General of Police, Chief Secretary, District Magistrate and two other officials (petitioners) against the Lok Sabha Secretariat’s (Privileges and Ethics) Office Memoranda requiring their personal presence before the Committee of Privileges, the three Judge Bench of Dr. DY Chandrachud, CJI., JB Pardiwala and Manoj Misra, JJ. allowed the petition and stayed the Lok Sabha Privileges and Ethics Committee proceedings against the petitioners.
[Bhagwati Prasad Gopalika v. Lok Sabha Secretariat (Privileges & Ethics Branch), 2024 SCC OnLine SC 168]
May use name ‘Nationalist Congress Party — Sharadchandra Pawar’: Supreme Court issues notice to Ajit Pawar faction
In an appeal against Election Commission of India’s (ECI) judgment and order dated 6-02-2024 which recognized Ajit Pawar’s faction for using Nationalist Congress Party (NCP) symbol, the Division Bench of Surya Kant and K.V. Viswanathan, JJ. issued notice to Ajit Pawar faction and directed continuation of operation of ECI order dated 7-02-2024 for using name “Nationalist Congress Party — Sharadchandra Pawar”.
[Sharad Pawar v. Ajit Anantrao Pawar, 2024 SCC OnLine SC 167]
Other Matters
Guilt under IPC Section 306 cannot be based on presumption: Supreme Court acquits man in wife’s 1993 suicide case
In an appeal against affirmation of conviction by the Punjab and Haryana High Court for judgment and order passed by the Trial Court for offence punishable under Section 306 of the Penal Code, 1860 (‘IPC’), the Division Bench of JB Pardiwala and Manoj Misra, JJ. set aside conviction and acquitted the appellant since there was no cogent evidence of incessant harassment or cruelty.
Supreme Court upholds Madras HC order directing demolition of illegally constructed Mosque and Madrasa in Koyambedu
In a special leave petition filed by Hydha Muslim Welfare trust (‘Trust’) against the Madras High Court Judgment and order dated 22-11-2023, wherein the Court directed the demolition of a mosque and Madrasa located in Koyambedu, Chennai after concluding that the structure was illegally constructed without any building sanction plan, the division bench of Surya Kant and KV Viswanathan, JJ. said that the directions issued by the High Court warrant no interference by this Court in exercise of powers under Article 136 of the Constitution of India. Further, it granted time to the Trust till 31-05-2024, to remove the structures.
[Hydha Muslim Welfare Masjid-e Hidaya and Madarasa v N. Dinakaran, Order dated 16-02-2024]
Supreme Court upholds KPSC Recruitment Notification for Home Science Lecturers Post; criticizes HC’s erroneous approach
The Karnataka Administrative Tribunal (‘Tribunal’) quashed the notification for filling up 18 posts of lecturers of Home Science in First Grade College run by Karnataka on the ground that specifying the subject categories is necessary for advertising the vacant posts. The Division Bench of Pamidighantam Sri Narasimha* and Aravind Kumar,JJ. set aside its confirmation by the High Court and held that the High Court committed an error in not focusing on what the Rule provides for and whether the advertisement was in consonance with the Rule. Further, it said that to teach undergraduates, the qualification prescribed is simply a postgraduation degree in the subject of Home Science and it does not matter in which subject of Home Science that the post-graduation is obtained.
[Vidya K. v. State of Karnataka, 2024 SCC OnLine SC 178]
Custodian for enemy property in India does not acquire ownership of property, only acts as trustee for management and administration: Supreme Court
The Division Bench of BV Nagarathna* and Ujjal Bhuyan, JJ. held that the Custodian for Enemy Property in India, in whom the enemy properties vest including the subject property, does not acquire ownership of the said properties. The enemy properties vest in the Custodian as a trustee only for the management and administration of such properties.
[Lucknow Nagar Nigam v. Kohli Brothers Colour Lab. (P) Ltd., 2024 SCC OnLine SC 188]
‘District Collectors summoned under S. 50 PMLA to respect and respond to summons’; SC stays Madras HC decision staying summons by ED
In a criminal special leave to appeal by the Directorate of Enforcement (‘ED’) against Madras High Court’s common order and judgment granting interim stay on the operation of the summons issued by the ED to the District Collectors of Vellore, Trichy, Karur, Thanjavur and Ariyalur Districts, the Division Bench of Bela M. Trivedi and Pankaj Mithal, JJ. gave relief to the ED and stayed the operation of the impugned order of the High Court. The District Collectors were directed to appear and respond to the summons on the next date indicated by the ED.
Can prospective resignation be withdrawn at any time before it becomes effective? Supreme Court answers
In a matter pertaining to challenge against rejection of withdrawal of prospective resignation, prior to the effective date, the division bench of JK Maheshwari* and KV Viswanathan, JJ. reiterated that in the absence of anything contrary in the provisions governing the terms and conditions of the office or post and in the absence of any legal contractual or constitutional bar, a prospective resignation can be withdrawn at any time before it becomes effective.
[Suman V. Jain v. Marwadi Sammelan, 2024 SCC OnLine SC 161]
‘NFSA and welfare Schemes already in force’; SC leaves open to States/UTs to explore alternative welfare scheme; refuses to direct setting up Community Kitchens
In a civil writ petition under Article 32 of the Constitution of India, the petitioners sought directions against the States and Union Territories to formulate scheme for community Kitchens, the Division Bench of Bela M. Trivedi* and Pankaj Mittal, JJ. refused to give any directions to the States or Union Territories for implementing the concept of community kitchen considering the National Food Security Act, 2013 and various schemes developed under it.
[Anun Dhawan v. Union of India, 2024 SCC OnLine SC 179]
‘Classic case of Arbitrary action’; SC directs Institute to pay 1 lakh compensation to candidate who was denied primary teacher position in 2017
In a civil appeal against the decision of the Delhi High Court’s Division Bench, dismissing the appeal against the Single Judge’s decision, whereby the appellant’s petition against the Pandit Deendayal Upadhyaya Institute for Persons with Physical Disabilities’ decision of denying appellant’s appointment to the post of primary school teacher was refused to interfere with, the Division Bench of Pamidighantam Sri Narasimha and Sandeep Mehta, JJ. allowed the appeal and set aside the impugned order.
[Manoj Kumar v. Union of India, 2024 SCC OnLine SC 163]
SC sets aside Allahabad HC’s stay on investigation and blanket orders restraining arrest of IndiaBulls officers
In a criminal appeal filed against the interim orders passed by the Allahabad High Court, wherein the Court has stayed the proceedings of the FIRs registered against the IndiaBulls officers and has also stayed the proceedings registered by the Directorate of Enforcement against them, the division bench of Bela M. Trivedi* and Prasanna B. Varale, JJ. while setting aside the impugned orders, opined that the High Court could not have stayed the investigations and restrained the investigating agencies from investigating into the cognizable offences as alleged in the FIRs and Enforcement Case Information Report (‘ECIR’), particularly when the investigations were at a very nascent stage.
[Enforcement Directorate v. Niraj Tyagi, 2024 SCC OnLine SC 134]
Tadoba Scam | Supreme Court upholds Bombay HC order rejecting Thakur brothers’ anticipatory bail
In a petition for special leave to appeal filed by Rohit Thakur and Abhishek Thakur (‘Thakur brothers’) who have been charged with over ₹12.15 crore online ticketing fraud in Tadoba-Andhari Tiger Reserve, against the judgment and order dated by the Bombay High Court, wherein the Court rejected their anticipatory bail applications, the division bench of B.V. Nagarathna and Augustine George Masih, JJ. after considering the nature of the dispute between the parties and after pursuing the impugned order, refused to interfere in the matter. Thereby, refusing to grant them anticipatory bail. However, the Court allowed them to seek regular bail.
Enrollment in Army based on Fake relationship certificate with servicemen/ex-servicemen: SC orders reinstatement of army personnels with consequential benefits
While hearing a set of two civil appeals under Section 31 of the Armed Forces Tribunal Act, 2007 against the Armed Forces Tribunal’s order, whereby the Appellants were dismissed from their service for adopting fraudulent means by producing false relationship certificate for recruitment under the Unit Headquarters Quota, the Division Bench of Bela M. Trivedi and Pankaj Mithal*, JJ. allowed the appeal and set aside the impugned orders.
[Babanna Machched v. Union of India, 2024 SCC OnLine SC 121]
Supreme Court | NCLT can recall Resolution Plan approval despite misclassification of Creditor’s claim under IBC on submission of proof
In twin appeals under Section 62 of Insolvency and Bankruptcy Code, 2016 (‘IBC’) challenging the judgment and order passed by the National Company Law Appellate Tribunal (‘NCLAT’) on 24-11-2022, Bench of Dr. DY Chandrachud, JB Pardiwala and Manoj Misra, JJ. allowed the appeal to recall the orders passed by NCLAT as well as NCLT against the provisions of IBC since the appellant’s claim was not correctly entered in terms of amount claimed, in the resolution plan and the gap was not addressed by any of the two authorities. The Court clarified that appellant filling form as a financial creditor while being categorised as an operational creditor was not a barrier since proof was submitted for the claims.
[Greater Noida Industrial Development Authority v. Prabhjit Singh Soni, 2024 SCC OnLine SC 122]
Subordinate legislation ultra vires to Parent Act? Supreme Court summarises principles for deciding cases
In an appeal against the Delhi High Court’s decision, wherein the appellant’s challenge to Rule 9(3)(b) of the Chartered Accountants’ (Procedure of Investigation of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 as ultra vires of Section 21A (4) of the Chartered Accountants, 1949, the Division Bench of Pamidighantam Sri Narasimha and Aravind Kumar*, JJ. summarised legal principles relevant in adjudicating cases where subordinate legislation is challenged on the ground of being ‘ultra vires’ to the Parent Act.
[Naresh Chandra Agrawal v. ICAI, 2024 SCC OnLine SC 114]
Explained | Supreme Court verdict on Tenant’s right to pre-emption in the ‘urban immovable property’ under Punjab Pre-Emption Act
In an appeal filed against the judgment passed by the Punjab & Haryana High Court, the division bench of C.T. Ravikumar and Rajesh Bindal, JJ. while upholding tenants’ pre—emption rights in the ‘urban immovable property’ under the Punjab Pre-emption Act, 1913 (‘1913, Act’) said that ‘land’ and ‘immovable property’ are two different terms. The immovable property is more than the land on which certain construction has been made.
[Jagmohan v. Badri Nath, 2024 SCC OnLine SC 108]
Supreme Court illuminates on bail under Section 43D (5) of UAPA against general rule of CrPC
In an appeal against rejection of application under Section 439 of Criminal Procedure Code, 1973 for a matter involving offences under Sections 124-A, 153-A, 153-B, 120-B of the Penal Code, 1860 (‘IPC’), Sections 17, 18, 19 of the Unlawful Activities (Prevention) Act, 1967 (‘UAPA’) and Sections 25 and
[Gurwinder Singh v. State of Punjab, 2024 SCC OnLine SC 109]
Supreme Court clarifies stay on MoEFCC’s office memoranda permitting ex post facto environmental clearance
While hearing an intervention application for clarification and modification of the order dated 02-01-2024, whereby, the Ministry of Environment, Forest and Climate Change’s (‘MoEFCC’) office memoranda dated 07-07-2021 and 28-01-2022 was stayed, the Division Bench of B.R Gavai and Sandeep Mehta, JJ. allowed the intervention application and clarified that the order dated 02-01-2024 would not come in the way of the competent authorities for considering the applications for modifications/alterations in the Environmental Clearances.
[Vanashakti v. Union of India, 2024 SCC OnLine SC 139]
SC disapproves NGT’s frequent ex-parte orders; says ‘a beacon of environmental protection must balance between justice and due process’
In a set of two civil appeals against National Green Tribunal’s (‘NGT’) ex-parte order and rejection of the review petition, the Division Bench of P.S. Narasimha* and Aravind Kumar, JJ. allowed the appeals and remanded the matter back to the Tribunal. The Court also frowned upon the Tribunal for frequently passing ex-parte orders.
[Veena Gupta v. Central Pollution Control Board, 2024 SCC OnLine SC 103]
No bar to examine discharged prosecution witness as defense witness: Supreme Court
While dealing with the question of whether a witness who had been shown on the prosecution list but not examined on behalf of the prosecution could be permitted for examination as a defense witness, Division Bench of M.M. Sundresh and S.V.N. Bhatti, JJ., clarified that there was no bar in law restricting such examination as defense witness.
[Sunder Lal v. State of U.P., 2024 SCC OnLine SC 112]
Supreme Court grants bail to 24-year-old boy imprisoned for more than 15 months in NDPS case
In a criminal appeal against the judgment and final order dated 14-9-2023 passed by the Rajasthan High Court, wherein the Court dismissed the application seeking bail filed by the petitioner, the division bench of Abhay S. Oka and Ujjal Bhuyan, JJ. said that considering the evidence of the official prosecution witnesses, who have not supported the prosecution and the way the sample was collected, this is a case where the accused deserves to be enlarged on bail.
[Deshraj Gurjar v. State of Rajasthan, 2024 SCC OnLine SC 119]
POCSO| Supreme Court sentences 45-year-old man to 30 years imprisonment for raping 7-year-old girl in temple
In a special leave petition against the Madhya Pradesh High Court’s decision, whereby, the capital punishment awarded to the convict was commuted to imprisonment for life for offences under Section 376-AB of the Penal Code, 1860 (‘IPC’) and the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’), the Division Bench of C.T. Ravikumar and Rajesh Bindal, JJ. modified the convict’s sentence to thirty years of imprisonment and imposed a fine of Rs. 1 Lakh.
[Bhaggi v. State of M.P., 2024 SCC OnLine SC 101]
SC upholds Karnataka HC’s decision granting 15% interest on belated refund of Duty Drawback to Civil Construction under Exim Policy 1992-1997
In a civil appeal by the Union of India, Director General of Foreign Trade and Joint Director General of Foreign Trade, (‘appellants’) against the decision of the Division Bench of the Karnataka High Court, whereby, the Single Judge’s decision of granting 15 per cent interest on delayed duty drawback under Exim Policy to B.T. Patil and Sons Belgaum (Construction) Pvt. Ltd. (‘respondent’) was affirmed, the Division Bench of Abhay S. Oka and Ujjal Bhuyan*, JJ. upheld the impugned decision and dismissed the appeal.
[Union of India v. B. T. Patil & Sons Belgaum (Construction) (P) Ltd., 2024 SCC OnLine SC 100]
Inside Supreme Court verdict on importance of question of jurisdiction at the stage of granting interim relief
In an appeal against the judgment and order passed by the Allahabad High Court, wherein the Court quashed the order passed by the Revisional Court and relegated the parties to the remedy of having their rights, in respect of the suit property, adjudicated by the appropriate forum, the Three-Judge Bench of B.R Gavai, Dipankar Datta* and Aravind Kumar, JJ. while upholding the impugned judgment and order, held that the decision rendered by a Court on the merits of a controversy in favour of the plaintiff without first adjudicating on its competence to decide such controversy would amount to a decision being rendered on an illegal and erroneous assumption of jurisdiction and, thus, be assailable as lacking in inherent jurisdiction and be treated as a nullity in the eye of law.
[Asma Lateef v. Shabbir Ahmad, 2024 SCC OnLine SC 42]
When does hiring of motor vehicles give rise to transfer of right to use any goods and amount to sale under Art. 366 (29A) (d)? Supreme Court answers
While hearing a batch of civil appeals against the liability to pay tax under the Assam General Sales Tax Act, 1993 (‘AGST Act’) and the Assam Value Added Tax Act, 2003 (‘VAT Act’), the Division Bench of Abhay S. Oka* and Rajesh Bindal, JJ. answered the issue that whether by hiring motor vehicles/ cranes, there is a transfer of the right to use any goods. The Court held that when the contractor retains the substantial control and does not hand it over to the user, there is no transfer of the right to use the vehicles, cranes, tankers, etc.
[K.P. Mozika v. ONGC Ltd., (2024) 122 GSTR 1]
Banks can forfeit entire earnest money and not just extent of loss suffered by it due to auction purchaser’s default: SC
In appeals filed by a Nationalised Bank against the judgment and order passed by the Madras High Court, wherein the Court held that the forfeiture of the earnest money deposit by the bank could only be to the extent of the loss suffered by it, the Three Judge Bench of Dr. Dhananjaya Y. Chandrachud, CJI, JB Pardiwala*, and Manoj Misra, JJ. while setting aside the impugned judgment and order, has held that the entire earnest money deposited by an auction purchaser would be forfeited as per Rule 9(5) of the Security Interest (Enforcement) Rules, 2002 (SARFAESI Rules) on the failure to deposit the remaining amount within the stipulated period.
[Central Bank of India v. Shanmugavelu, 2024 SCC OnLine SC 92]
Identification of private forests in Goa| ‘No uniform criteria due to distinctive geographical features’; SC holds existing criteria valid
In a set of two civil appeals against the National Green Tribunal’s common order, wherein Goa Foundation’s (‘appellant’) application was dismissed on the ground that the issue of determination of criteria for the identification of ‘forest’ formed part of the proceedings in In Re: TN Godavarman Thirumulpad1, the three Judge Bench of B.R.Gavai, Aravind Kumar* and Prashant Kumar Mishra, JJ. dismissed the appeal and upheld the impugned Order.
[T.N. Godavarman Thirumulpad v. Union of India, 2024 SCC OnLine SC 65]
Omission to label demolition notice with provision under which it was issued would not make it nugatory if substance clearly stated: SC
While hearing a set of two civil appeals against Bombay High Court’s decision whereby, the eviction decrees against two tenants in respect of two portions of the same building were invalidated, the Division Bench of Aniruddha Bose and Bela M. Trivedi, JJ. dismissed the appeals and held that a flaw by itself would not make the demolition notice unenforceable and the omission to label a notice with the provision under which it was issued would not make it nugatory, if substance thereof is clearly conveyed.
[Baitulla Ismail Shaikh v. Khatija Ismail Panhalkar, 2024 SCC OnLine SC 84]
‘High Court desisted from exercising contempt jurisdiction despite finding contemnor guilty’; Supreme Court sets aside Calcutta HC stay order
In an appeal on the scope and extent of the contempt jurisdiction exercised by a High Court under Article 215 of the Constitution of India read with the provisions of the Contempt of Courts Act, 1971, the division bench of Aniruddha Bose and Sanjay Kumar*, JJ. while setting aside the impugned order, said that the High Court clearly transgressed the scope and extent of its contempt jurisdiction.
[Amit Kumar Das v. Shrimati Hutheesingh Tagore Charitable Trust, 2024 SCC OnLine SC 83]
‘Constitutional Courts monitor functioning of environmental bodies to protect environment and ecology’; SC lays down Guidelines for effective functioning of authorities
The three Judges Bench of B.R. Gavai, Pamidighantam Sri Narasimha and Prashant Kumar Mishra, JJ. while hearing a petition on the functioning and constitution of the Central Empowered Committee, the Court gave a slew of directions for the effective functioning of bodies, authorities, regulators, and executive offices entrusted with environmental duties.
[In Re : T.N. Godavarman Thirumulpad v. Union of India, 2024 SCC OnLine SC 86]
When can an application for Handwriting Expert’s Opinion in Cheque Dishonour Case be rejected? Supreme Court explains
In a case where a cheque was dishonoured under Section 138 of the Negotiable Instruments Act, 1881 [NI Act] for “insufficient funds and account dormant” and the accused appellant had sought for a direction to obtain the opinion of the handwriting expert after comparing the admitted signature of the accused appellant and the signature as appearing on the disputed cheque, the bench of BR Gavai and Sandeep Mehta, JJ held that the appellant Court had rightly rejected the application under Section 391 CrPC as despite having opportunity, the accused appellant did not put any question to the bank official examined in defence for establishing his plea of purported mismatch of signature on the cheque in question.
[Ajitsinh Chehuji Rathod v. State of Gujarat, 2024 SCC OnLine SC 77]
Transfers and Appointments
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Supreme Court Collegium accedes to the requests of transfer made by 3 High Court Judges
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Supreme Court Collegium recommends appointment of Permanent Judges for 3 High Courts
Never Reported Judgments
