Hot Stories
Know why Supreme Court overturned Punjab and Haryana HC decision in IAS Ashok Khemka’s PAR case
In an appeal by State of Haryana challenging order dated 18-03-2019 passed by Punjab and Haryana High Court setting aside the order of Central Administrative Tribunal (‘CAT’), the Division Bench of Vikram Nath and Satish Chandra Sharma, JJ. set aside the impugned judgment and directed the Chief Minister of Haryana being the Accepting Authority to decide on Underlying Representation within 60 days. Read more
Supreme Court sets aside order directing Bloomberg to remove article on Zee Entertainment
In a special leave to appeal against the decision of the Delhi High Court upholding the interim order of the ADJ, South Saket Courts directing the Bloomberg Television Production India Private Limited (‘Bloomberg’) to take down an article dated 21-02-2024 allegedly against the Zee Entertainment Enterprises Limited (‘Zee’), the three Judge Bench comprising of Dr. DY Chandrachud, CJI, JB Pardiwala and Manoj Misra, JJ. allowed the appeal and set aside the impugned orders. Read more
The tale of a teacher accused of offering flowers and chocolates to 8th-Standard girl as SC overturns POCSO conviction
In a criminal appeal against Madras High Court’s decision dismissing the convicts’ appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (‘CrPC’) against Special Court’s decision convicting A-1 under Section 12 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’) and A-2 under Section 506 of the Penal Code, 1860 (‘IPC’), the three Judge Bench of Dipankar Datta, K.V. Viswanathan and Sandeep Mehta, JJ. allowed the appeal and set aside the impugned decision. Read more
SC refuses to stay Election Commissioners Act removing CJI from Selection Committee; Rejects plea to stay appointment of two new ECs
In a batch of writ petitions under Article 32 of the Constitution challenging the validity of the Section 7(1) of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, (‘the Election Commissioners Act’) and seeking stay on selection of two newly appointed Election Commissioners, the Division Bench of Sanjiv Khanna and Dipankar Datta, JJ. refused to stay the Act, which removed the Chief Justice of India from the Selection Committee appointing Election Commissioners. Read more
SC rejects Adani Power’s plea for Late Payment Surcharge of Rs. 1376.35 Crores from JVVNL: Understanding Adani power versus Rajasthan Discoms dispute
In a miscellaneous application by Adani Power Rajasthan Limited (APRL), sought payment of Rs. 1376.35 crore towards Late Payment Surcharge (‘LPS’) from Jaipur Vidyut Vitran Nigam Ltd. and two other distribution companies (‘Rajasthan Discoms’), the Division Bench of Aniruddha Bose and Sanjay Kumar, JJ. dismissed the application and imposed costs of Rs. 50000/-. The Court said that a post disposal application for modification and clarification of the order of disposal shall lie only in rare cases, where the order passed by the Court is executory in nature and the directions of the Court may become impossible to be implemented because of subsequent events or developments. Read more
Supreme Court directs setting up of fresh Selection Board for granting Permanent Commission to woman SSC Officer in Indian Navy
In a review petition pertaining to the grant of Permanent Commission to Short Service Commission Officers in the Indian Navy, the division bench of Dr Dhananjaya Y Chandrachud*, CJI. and Hima Kohli, J. has directed that the petitioner should be considered for the grant of Permanent Commission afresh by reconvening a Selection Board. Further, the Selection Board was directed to consider the case of the petitioner on stand-alone basis since it is common ground that she was the only serving JAG Branch officer of the 2007 batch whose case for the grant of Permanent Commission was required to be considered. It also added that the exercise of considering the petitioner afresh for Permanent Commission should be carried out on or before 15-04-2024. Read more
Supreme Court stays Orissa HC order setting aside Congress leader Mohammed Moquim’s election as MLA
In a civil appeal against the Orissa High Court order, wherein the Court has set aside the election of Congress leader Mohammed Moquim as Member of Legislative Assembly (‘MLA’) from the Barabati assembly constituency in Cuttack in 2019, the division bench of Surya Kant and K.V. Viswanathan, JJ. has stayed the impugned judgment, subject to the condition that the Mohammed Moquim will not be entitled to cast vote in the assembly proceedings. Read more
College Romance Web Series | Supreme Court quashes obscenity case against The Viral Fever
In appeals against Delhi High Court’s dismissal to quash orders of investigation and prosecution for production, transmission, and online publication of obscene and sexually-explicit material under Sections 67 and 67-A of the Information Technology Act, 2000 (‘IT Act’) against the makers of web-series ‘College Romance’ (TVF Media Labs Private Ltd.), the Division Bench of AS Bopanna and Pamidighantam Sri Narasimha, JJ. quashed the criminal case against the makers of ‘College Romance’. Read more
Bail or Jail?
Supreme Court grants bail to NDPS accused in custody for more than a year
In a criminal appeal filed against the order passed by the Delhi High Court, wherein the Court refused to grant of default bail to the accused under Sections 21, 29, 61 and
Supreme Court grants bail to 25-year-old man after over 16 months of incarceration in rape case
In a challenge under Article 136 of Constitution of India against judgment and order passed by the Rajasthan High Court on 12-07-2023 dismissing second bail application of the petitioner for offences under Sections 376, 506 and 450 of the Penal Code, 1860 (‘IPC’), the Division Bench of Vikram Nath and Satish Chandra Sharma, JJ. allowed bail for the petitioner considering his age and period of incarceration. Read more
Can Court impose bail condition restricting involvement in political activities? — Supreme Court answers
In an appeal challenging order passed by the Orissa High Court on 18-01-2024 rejecting appellant’s application seeking withdrawal of a condition restricting the appellant from participating in political activities, the Division Bench of BR Gavai and Sandeep Mehta, JJ. found the said condition to breach his fundamental rights and accordingly quashed the same. Read more
No bail for AAP leader Satyendar Jain as Supreme Court orders immediate surrender
In appeals against the judgment and order passed by Delhi High Court on 6-04-2023 rejecting bail applications of Delhi Minister and Aam Aadmi Party (‘AAP’) leader Satyendar Jain and two others, the Division Bench of Bela M Trivedi and Pankaj Mithal, JJ. dismissed the bail application in excise policy money laundering case and directed Jain to surrender before the Special Court. Read more
Person defying orders and absconding not entitled to anticipatory bail: Supreme Court
In an appeal against order dated 4-04-2023 passed by Patna High Court dismissing application for anticipatory bail pertaining to First Information Report (‘FIR’) filed under Sections 341, 323, 354, 354(B), 379, 504, 506 and 149 of the Penal Code, 1860 (‘IPC’) and Section 3/4 of Prevention of Witch (Daain) Practices Act, 1999 (‘Witch Act’), the Division Bench of CT Ravikumar and Sanjay Kumar, JJ. clarified that since the appellants were defying bailable as well as on-bailable warrants, even absconding the proceedings were not entitled to anticipatory bail. Read more
Conviction or Acquittal?
Supreme Court suspends sentence of murder convict in custody for past 14 years
In a criminal special leave to appeal against Andhra Pradesh High Court’s Judgment, whereby the criminal appeal was dismissed and the conviction order by the Trial Court was upheld, the Division Bench of JK Maheshwari and Sanjay Karol, JJ. allowed the application of convict 3, seeking suspension of the sentence, considering the fact that convict 3 was in custody for the last 14 years. Read more
True and voluntary dying declaration can be sole basis of conviction without any corroboration: SC
In a set of two criminal appeals against Allahabad High Court’s decisions, whereby the convicts’ criminal appeals were dismissed and the conviction by the Trial Court was upheld, the Division Bench of BR Gavai* and Sandeep Mehta, JJ. allowed one appeal and dismissed another. The Court held that the dying declaration of the deceased was cogent, trustworthy and reliable and hence, could form the sole basis for the conviction of one of the convicts. Read more
“Evidence of police witnesses full of contradictions and thoroughly unconvincing”; SC sets aside conviction under NDPS Act
In a criminal appeal against Telangana High Court’s judgment, wherein the convicts’ criminal appeal against the Trial Court’s decision for conviction under Section 8(c) read with Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’) was rejected, the Division Bench of BR Gavai and Sandeep Mehta*, JJ. allowed the appeal and set aside the impugned judgment. Read more
24 years after a woman’s suicide, Supreme Court finds no evidence to convict accused for abetting the same
In an appeal against conviction of appellant under Section 306 of Penal Code, 1860 (‘IPC’), the Division Bench of Bela M. Trivedi and Ujjal Bhuyan, JJ. discussed the importance of recovery of trace of poison consumed or administered to the deceased and held that there was no evidence based on which the appellant could be held guilty of abetting suicide and set aside his conviction under Section 306 of IPC. Read more
‘Gross violation of mandate under JJ Act’: Supreme Court reverses POCSO conviction
In an appeal challenging judgment passed by Madras on 15-04-2021 dismissing criminal appeal under Section 374(2) of the Criminal Procedure Code, 1973 (‘CrPC’) to affirm conviction and sentence awarded by Trial Court for offences under Sections 363, 342 and 302 read with Section 201 of the Penal Code, 1860 (‘IPC’) and Section 6 of Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’), the Division Bench of BR Gavai and Sandeep Mehta, JJ. allowed the appeal and reversed his conviction due to non-adherence with the procedural mandate under the Juvenile Justice (Care and Protection of Children) Act, 2015 (‘JJ Act’). Read more
Celebratory firing during marriage ceremonies has disastrous consequences; SC alters conviction u/s 302 to S. 304 Part II IPC
In a criminal appeal against Allahabad High Court’s decision, whereby the convict’s application against his conviction and life imprisonment sentence by the Trial Court for offence under Section 302 of the Penal Code, 1860 (‘IPC’) and five years rigorous imprisonment for offence under Sections 25/27 of the Arms Act, 1959 (‘Arms Act’) was dismissed, the Division Bench of Vikram Nath and Satish Chandra Sharma*, JJ. allowed the appeal and altered the conviction to offence under Section 299 of the IPC i.e., punishable under Section 304 Part II of the IPC. Read more
Rape Cases
‘A relationship consensual at the beginning may not remain so all time’; Supreme Court refuses to quash rape case
In a petition under Article 136 of the Constitution of India seeking to quash a First Information Report (‘FIR’) under Sections 342, 354, 366, 376(2)(n), 312, 201, 420, 506 and 509 of the Penal Code, 1860 (‘IPC’) and Sections 66(E), 67 and 67(A) of the Information Technology Act, 2000 (‘IT Act’), Division Bench of Aniruddha Bose and Sanjay Kumar, JJ. Refused to interfere with the High Court’s dismissal of petition for quashing the FIR stating that the same did not lack ingredients of the offences alleged. Read more
‘No rape on false promise to marry’; Supreme Court quashes rape case by married woman
In an appeal challenging order passed by Madhya Pradesh High Court on 1-08-2022 dismissing the petition under Section 482 of Criminal Procedure Code, 1973 (‘CrPC’) for quashment of First Information Report (‘FIR’), the Division Bench of CT Ravikumar and Rajesh Bindal, JJ. quashed the FIR and further criminal proceedings while noting the fact of absence of any false promise to marry, and the consent of complainant, her daughter and even parents who were living in the same house. Read more
IPR
Supreme Court dismisses MakeMyTrip’s plea against Google in Keyword trade mark infringement case
In a special leave petition, filed by MakeMyTrip against the Delhi High Court judgment, wherein the Court set aside the interim order passed by a Single Judge that restrained Google from using MakeMyTrip’s registered trade marks as ‘keywords’ on the Google Ads Program, the three-Judge Bench of Dr. DY Chandrachud, CJI., J.B. Pardiwala and Manoj Misra, JJ. while dismissing the plea, orally remarked that those looking to book their tickets through ‘MakeMyTrip’ would not confuse it with ‘Booking.com’. Read more
Notable Criminal matters
‘Non-compliance of Section 173(2) of CrPC raises many legal issues’; SC discusses police report procedure and contents in detail
In a criminal appeal against Jharkhand High Court’s decision, dismissing the bail application of the accused for offences under Sections 302, 120-B read with Section 34 of the Penal Code, 1860 (‘IPC’) and Section 25(1-B)A, 26, 27 and 35 of the Arms Act, 1959, the Division Bench of Bela M. Trivedi* and Pankaj Mithal, JJ. refused to release the accused on bail considering that the trial was at the fag end and almost all the witnesses were examined by the prosecution. The Court also discussed the contents of the police report under Section 173(2) of the Code of Criminal Procedure, 1973. Read more
Abetment of Suicide | ‘Frustrated on account of work pressure’; SC quashes case under S. 306 IPC
In a criminal appeal against Allahabad High Court’s decision, whereby the criminal application of the accused under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) was dismissed, BR Gavai and Sandeep Mehta, JJ. allowed the appeal and set aside the impugned order. Read more
Criticising abrogation of Art. 370 on WhatsApp status; wishing Independence Day to Pakistan not an offence under Section 153-A IPC: Supreme Court
In a criminal appeal filed against the Judgment of Bombay High Court, wherein the Court refused to quash the FIR against the accused for the offence punishable under Section 153-A of the Penal Code, 1860 (‘IPC’), the division bench of Abhay S. Oka* and Ujjal Bhuyan, JJ. while setting aside the impugned judgment and quashing the FIR, said that if every criticism or protest of the actions of the State is to be held as an offence under Section 153-A, democracy, which is an essential feature of the Constitution of India, will not survive. The right to dissent in a legitimate and lawful manner is an integral part of the rights guaranteed under Article 19(1)(a). Read more
Supreme Court directs ED to conduct exhaustive investigation in money laundering case against Amtek Auto’s former promoters
In a writ petition seeking an investigation against the promoters, directors, beneficiaries and key-managerial personnel and shell entities of auto parts maker Amtek Auto Limited Group (‘Amtek Auto’), the division bench of BR Gavai and Sandeep Mehta*, JJ. has directed Directorate of Enforcement(‘ED’) to investigate against former promoters of Amtek Auto for allegedly siphoning over Rs. 20,000 crores obtained from public banks, after observing that there appeared to be prima facie material to indicate collusion in the scam by bank officials. The Court has asked ED to file a status report before the next date of the hearing, that is after six months. Read more
[Misbranding of Zero Calorie Sweetener] SC sets aside Gujarat HC’s order for trial de novo; cites absence of material averments in complaint
In a criminal appeal against Gujarat High Court’s decision, wherein the State’s appeal against the order of the Trial Court acquitting the accused of the charges under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 (‘the Act’) was allowed, setting aside the Trial Court’s order and the matter was remanded for trial de novo, the Division Bench of Abhay S. Oka and Ujjal Bhuyan, JJ. allowed the appeal and set aside the High Court’s order. Read more
Stories around Compensation
Supreme Court directs MBBS College & Maharashtra Govt. to compensate NEET UG Candidates with Rs. 50,000 each for illegal and arbitrary cancellation of admission
In an appeal against the Bombay High Court order, wherein the Court held that since the appellant did not select specified reservation i.e., in the category of Children of Defence personnel, while submitting the online application form, he was precluded from raising such a claim at a belated stage, as being impermissible in view of the Information Brochure, the three-judge bench BR Gavai, Rajesh Bindal and Sandeep Mehta, JJ. while setting aside the impugned order, directed the College and State of Maharashtra to pay compensation to the tune of Rs.1 lakh (Rs. 50,000/- each) to the appellant for deprivation of one year and harassment due to illegal and arbitrary cancellation of his admission. Read more
Supreme Court directs Indian Army to compensate Ex-Havaldar with Rs 50 Lakhs for wrongful termination due to misdiagnosis as HIV +ve
In a civil appeal challenging the judgment and order of Armed Forces Tribunal (‘AFT’), whereby the AFT rejected the appellant’s prayer seeking reference of his diagnosis as AIDS inflicted, to a fresh Medical Board, the division bench of Sanjiv Khanna and Dipankar Datta*, JJ. has said that by misdiagnosing the appellant with AIDS, Army subjected him to further misery in not only combating social stigma against a disease but also from the dreadful thought of an imminent death resulting from an incurable disease, thus granted him compensation of Rs.50 Lakhs on account of wrongful termination of services, leave encashment dues, non-reimbursement of medical expenses and the social stigma faced, to be paid within eight weeks from the date of this judgment without fail. Read more
Arbitration
Enforcement of foreign awards may be refused for bias only in exceptional circumstances: Supreme Court
In an appeal challenging order dated 25-04-2023 and notice of motion passed by the High Court facilitating enforcement of final award dated 27-09-2014 issued in SIAC Arbitration, the Division Bench of Hrishikesh Roy and Prashant Kumar Mishra, JJ. sought to follow the international standards of public policy and held that enforcement of foreign awards should be refused on the ground of bias only in exceptional circumstances. Read more
Reference to a document in contract should show intention to incorporate arbitration clause: Supreme Court reiterates
In appeals challenging Delhi High Court’s orders allowing application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’) appointing sole arbitrator, the Division Bench of B.R. Gavai* and Sandeep Mehta, JJ. reiterated that reference to a specific document in the contract should clearly show the intention of the parties to contract for incorporating arbitration clause in the contract. Read more
‘3 years is a long period for filing application for appointing arbitrator’; SC suggests Parliament to bring amendment prescribing specific limitation period
In an arbitration petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘the Act, 1996’) filed at the instance of a company based in Kabul, Afghanistan and engaged in the business of providing training to desirous students in computer education, English language, information technology, etc. praying for the appointment of an arbitrator for the adjudication of disputes and claims arising from the Contract dated 21-03-2013 entered between the petitioner and the respondent, the three Judge Bench Dr. DY. Chandrachud, CJI, J.B. Pardiwala* and Manoj Misra, JJ. has held that the present arbitration petition having been filed within a period of three years from the date when the respondent failed to comply with the notice of invocation of arbitration issued by the petitioner is not hit by limitation. Further, the notice for invocation of arbitration having been issued by the petitioner within a period of three years from the date of accrual of cause of action, the claims cannot be said to be ex-facie dead or time-barred on the date of commencement of the arbitration proceedings. Read more
Environment
Supreme Court strikes blanket exemption under EP Rules; holds ‘Citizen’s participation cannot be prevented by casual exercise of power under Rule 5(4)’
In appeals challenging judgment and order passed by the National Green Tribunal (‘NGT’) on 28-10-2020 and order dated 24-12-2020 by NGT rejecting review petition, the Division Bench of Abhay S. Oka and Sanjay Karol, JJ. found item 6 of the Environment (Protection) Rules, 1986 (‘EP Rules’) granting blanket exemption to the Central Government for obtaining environmental clearance. Read more
[Pakhro Tiger Safari Project] SC directs MoEFCC to establish committee for environmental restoration and cost evaluation in Jim Corbett Park
In a petition alleging illegal construction of bridges and walls within the Tiger Breeding Habitat of Corbett Tiger Reserve without the approval from the Competent Authority, the Three Judge Bench of BR Gavai*, Prashant Kumar Mishra and Sandeep Mehta, JJ. gave the following directions:
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The Safaris which are already existing and the one under construction at Pakhro will not be disturbed. However, insofar as the Safari at ‘Pakhro’ is concerned, the State of Uttarakhand will relocate or establish a rescue centre in the vicinity of the ‘Tiger Safari’.
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The MoEFCC will appoint a committee consisting of the following: (i) a representative of the NTCA; (ii) a representative of the Wildlife Institute of India (WII); (iii) a representative of the CEC; and (iv) an officer of the MoEFCC not below the rank of Joint Secretary as its Member Secretary.
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The said Committee will recommend the measures for restoration of the damages, in the local in situ environment to its original state before the damage was caused; assess the environmental damage caused in the Corbett Tiger Reserve and quantify the costs for restoration; identify the persons/officials responsible for such a damage.
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The Committee, inter alia, will consider and recommend as to whether Tiger Safaris shall be permitted in the buffer area or fringe area, and if such Safaris can be permitted, then what should be the guidelines for establishing such Safaris.
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CBI was directed to effectively investigate the matter as directed by the Uttaranchal High Court.
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The State Government was directed to complete the disciplinary proceedings against the delinquent officers as expeditiously as possible and in any case, within a period of six months from the date of this judgment.
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It also asked the Committee to give its preliminary report within three months from the date of this judgment. Read more
Child’s custody
Supreme Court sets aside Orissa HC judgment granting father custody of child living with aunt for 14 years; says ‘child not a chattel’
In an appeal filed against the judgment of the Orissa High Court, wherein the Court directed the Registrar of the Court to recover the child from the custody of the sister of the child, particularly from her aunt and uncle and to hand over to the father, the division bench of C.T. Ravikumar and Rajesh Bindal, JJ. while setting aside the impugned Judgment, said that the child cannot be treated as a chattel at the age of 14 years to hand over her custody to the father, where she has not lived ever since her birth. Stability of the child is also of paramount consideration. Read more
Labour and Employment
SC upholds disqualification for police constable post for having more than 2 children
In a civil appeal against the Rajasthan High Court’s decision, whereby the appellant’s challenge against rejection of his candidature for the post of police constable on grounds of having more than two children was refused to interfere with, the three Judge Bench of Surya Kant, Dipankar Datta, K.V. Viswanathan, JJ. dismissed the appeal and upheld the Rajasthan High Court’s decision. Read more
Supreme Court upholds regularisation of workmen engaged in regular and perennial nature of work
In an appeal by a subsidiary of Coal India Ltd. Challenging High Court’s dismissal and thereby upholding Industrial Tribunal’s decision of regularization of some workmen, the Division Bench of Pamidighantam Sri Narasimha* and Sandeep Mehta, JJ. found the same justified based on specific facts while clarifying that workmen engaged in regular and perennial nature of work could not be contractual but entitled to regularization. Read more
Other Matters
Deprecatory portrayal of disability in film ‘Aankh Micholi’: Supreme Court seeks Centre’s response on Certification of films involving Differently Abled Persons
In a special leave to appeal filed by the petitioner, the three-judges bench of D.Y. Chandrachud, CJ, J.B. Pardiwala and Manoj Misra, JJ., opined that issue which would arise in the framework of the present case was the impact of the provisions of Sections 3 and 6 of the Rights of Persons with Disabilities Act, 2016 (‘RPWD Act’) on the statutory power to certify films. The guidelines for certification of films for public exhibition provided that the Board while exercising the power for film certification should ensure that scenes showing abuse or ridicule of physically and mentally handicapped persons were not presented needlessly. Since, the Union Government had a bearing on the proper construction of the provisions of the statute particularly when films involving differently abled persons were sought to be exhibited, the Court issued notice to the Union Government. Read more
‘Ghee’ is a livestock product and can be regulated under AP (Agricultural Produce and Livestock) Markets Act: SC upholds Andhra Pradesh HC Judgment
In an appeal concerning whether “ghee” is a “product of livestock” under the provisions of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 (‘the Act’), the division bench of Sudhanshu Dhulia and SVN Bhatti, JJ. has held that there was nothing wrong in the 1994 notification and the challenge to the notification has rightly been turned down by the Full Bench of the Andhra Pradesh High Court, stating that the notification is not under Section 3 but under Section 4 of the Act, and is valid and moreover “ghee” is a livestock product. Read more
Supreme Court asks Ajit Pawar faction not to use Sharad Pawar’s name and photo in campaigning material
A Division Bench of Surya Kant and KV Viswanathan, JJ. questioned Ajit Pawar faction for using the pictures of former supremo of Nationalist Congress Party (‘NCP’) Sharad Pawar in their campaigning materials. The Court also directed Ajit Pawar faction to file an undertaking to reflect that they will not directly or indirectly use Sharad Pawar’s name and discussed the use of ‘clock’ symbol. Read more
General or evasive denial not sufficient; Supreme Court advocates for para-wise reply to plaint
In a matter pertaining to the genuineness of a registered Will dated 9-10-1984, executed by the testator in favour of his brother’s daughter without any mention of his widow or daughter in the same, the Division Bench of CT Ravikumar and Rajesh Bindal*, JJ. found the same genuine and not suspicious. While deciding the matter, the Court advocated for para-wise replies to the plaints in order to save time for Courts. Read more
NCDRC cannot rewrite terms & conditions of contract and apply its own subjective criteria: SC directs builder to refund deposited amount to buyer for delayed possession
In an appeal against the order of the National Consumer Disputes Redressal Commission (‘NCDRC’), filed for appellants right to terminate the sale agreement and claim unconditional refund of the total amount paid by him with interest for the property, the division bench of Aniruddha Bose and Sanjay Kumar*, JJ. while setting aside the impugned order, held that the NCDRC overstepped its power and jurisdiction in ignoring the binding covenants in the agreement and in introducing its own logic and rationale to decide as to what the future course of action of the parties should be. Read more
Inside Supreme Court’s decision on principles of Adverse Possession and Limitation in property disputes
In a suit for declaration of title, lasting for about a decade, the Division Bench of Hrishikesh Roy and Sanjay Karol, JJ. allowed the appeal against the High Court’s decision and discussed the interplay between adverse possession and limitation in property disputes. Read more
Timelines in renewable energy sector ensure early supply of green energy and reduction of carbon footprint: SC directs SECI to recover bank guarantee
In an appeal filed by Solar Energy Corporation of India Limited (‘SECI’) against the judgment and order passed by the Appellate Tribunal for Electricity, wherein the Tribunal allowed the appeal preferred by Wind Four Renergy Private Limited (‘WFRPL’) and directed that the period of 132 days, for which delay was to be condoned, would commence from the date of the impugned judgment, that is, 11-01-2022, the division bench of Sanjiv Khanna and Dipankar Datta, JJ. while setting aside the impugned judgment and restoring the order passed by the CERC, reinforced the importance of adhering to project timelines in the renewable energy sector, and held that the objective and purpose of timelines is to ensure early supply of green energy and reduction of carbon footprint. Further, it directed that SECI is entitled to recover the bank guarantee amount of Rs.10 crores along with simple interest at 12% per annum, to be paid within 6 months. Read more
Franchise or Distributorship | Section 194-H of IT Act not applicable to Telecom Companies: Supreme Court
In appeals pertaining to liability to deduct tax at source under Section 194-H of Income Tax Act, 1961 (‘1961 Act’) against telecom companies regarding amount payable under franchise/distributorship agreements, the Division Bench of Sanjiv Khanna and SVN Bhatti, JJ. held that Section 194-H of 1961 Act was not applicable to them since they did not control the income of such franchise/distributors. Read more
Non-Implementation of RTE Act, 2009 and allegations of poor conditions of schools in Bihar: SC issues notice to authorities
In a special leave to appeal against Patna High Court’s final order, whereby a Public Interest Litigation petition seeking implementation of the provisions of Right of Children to Free and Compulsory Education, Act 2009 (‘Act’) was dismissed for being misconceived, the three Judge Bench comprising of the Dr. DY Chandrachud, CJI and J.B. Pardiwala and Manoj Misra, JJ. issued notice to the authorities concerned. Read more
For recovery alleging debtors of benami companies of notified person, onus of proof lies on Custodian: Supreme Court
In twin appeals under Section 10 of Special Court (Trial of Offences relating to transactions in Securities) Act, 1992 (‘1992 Act’) challenging judgments passed by the Special Court on 11-03-2011, the Division Bench of Pamidighantam Sri Narasimha and Sandeep Mehta, JJ. clarified that the burden of proving debt of benami companies of the notified person lies on the Custodian as per Section 101. Read more
Constitution Bench Verdicts
[Electoral Bond Case] Supreme Court directs SBI to disclose EB unique numbers revealing link between donors and political parties
In an application filed by the Election Commission of India (‘ECI’) seeking return of sealed cover documents furnished by ECI to the Court in adherence to its interim order, the 5-Judge Constitution Bench of Dr. DY Chandrachud, CJI., Sanjiv Khanna, BR Gavai, JB Pardiwala and Manoj Misra, JJ. has stated that the State Bank of India (‘SBI’) has to disclose unique alphanumeric numbers printed on each electoral bond, which helps match donors with political parties, in addition to the details it has already provided regarding the purchase and redemption of the bonds. Read more
Supreme Court dismisses SBI plea for extension of time to furnish information relating to Electoral Bonds; Directs disclosures by March 12
In applications filed by State Bank of India (‘SBI’) seeking extension of time till June 30 to furnish information relating to the Electoral Bonds (‘EB’), a 5-Judge Constitution Bench comprising of Dr. DY Chandrachud, CJI., Sanjiv Khanna, BR Gavai, JB Pardiwala and Manoj Misra, JJ. while dismissing the application, said that the requisite information is sufficiently available with the bank, and directed SBI to disclose the information by 12-03-2024. Read more
Supreme Court strips MPs, MLAs of Immunity for Casting Votes after taking Bribes: Breakdown of the 7-Judge verdict
The 7-Judge Constitution Bench comprising of Dr. DY Chandrachud, CJI*, AS Bopanna, MM Sundresh, Pamidighantam Sri Narasimha, JB Pardiwala, Sanjay Kumar and Manoj Misra, JJ. overturned the 5-Judge Bench 1998 verdict in P.V. Narasimha Rao v. State (CBI/SPE), (1998) 4 SCC 626, wherein it was established that the Member of Parliaments (‘MP’) and Member of Legislative Assemblies (‘MLA’) enjoyed immunity if they cast vote in the House after taking bribe for it. Read more
Never Reported Judgments
Never Reported Judgment | Illicit relation and conceiving a child prior to the date of marriage does not lead to presumption of marriage [(1952) 2 SCC 720]
An appeal was filed against the decree passed by the Allahabad High Court (‘High Court’) reversing the decree of the Court of the Civil Judge of Mirzapur (‘Trial Court’) dismissing respondent’s suit. The 3-Judges Bench of M.C. Mahajan, S.R. Das, and N.H. Bhagwati*, JJ., opined that the probabilities of the present case were against appellant having contracted the marriage with Jadunath on 16-1-1939. The Supreme Court held that the conclusion reached by the Trial Court that respondent had failed to prove appellant’s marriage with Jadunath on 16-1-1939 at Benares was correct and the High Court was in error in reversing the decree of the Trial Court. The Supreme Court thus allowed the appeal and dismissed respondent’s suit with costs throughout. Read more
Never Reported Judgment | A reversioner, under Hindu Law, only entitled to challenge an alienation made by a limited owner [(1953) 1 SCC 112]
An appeal was filed against the judgment and decree of the Patna High Court (‘High Court’) dated 23-2-1949 modifying the judgment of the Additional Subordinate Judge, Motihari, dated 5-7-1943. The 3-Judges Bench of M.C. Mahajan*, S.R. Das, and N.H. Bhagwati, JJ., held that under Hindu law, a reversioner had no locus standi to challenge an alienation made by a sonless proprietor, whether that alienation was made by himself or by somebody else acting on his behalf as guardian or agent; he was only entitled to challenge an alienation made by a limited owner. Read more
Never Reported Judgment| In absence of original document, language cannot be pressed much into service over clear and strong contrary evidence [(1952) 2 SCC 754]
In an appeal filed by the appellants, the three-judges bench of B.K. Mukherjea, Chandrasekhara Aiyar* and Ghulam Hasan, JJ., observed that the stress was laid by the respondents on the use of the words ‘him or his order’ in the promissory note, and it was argued that the language employed in the promissory note indicated an individual. The Supreme Court opined that the language used in a document, particularly in absence of originals, one was not able to say whether the translations were strictly correct or rather loose. The language could not be pressed much into service in face of the clear and strong evidence to the contrary. Thus, the Supreme Court disagreeing with the Allahabad High Court (‘the High Court’), opined that the appellant was entitled to sue for the recovery of the alleged due amount, as the promissory notes were executed in the Kshetra’s favour and not any individual. Read more
Never Reported Judgment| Damages for non-delivery of purchased goods not maintainable in absence of contract of sale between parties [(1953) 1 SCC 157]
