Bombay High Court
Education Law — Maharashtra Public Universities Act, 2016 — Whether definition of “teacher” includes Principal — Held, going by definition, Principal is essentially a teacher but has to discharge additional administrative duties and is the representative of the college to University, Department of Education, to public at large, etc. [Marathwada Legal & General Education Society v. Dr Babasaheb Ambedkar Marathwada University, (2023) 1 HCC (Bom) 779]
Income Tax — Double Taxation/Double Taxation Relief — NRI petitioner seeking to challenge legality, validity of notices issued by Respondent under S. 148 of the Income Tax Act, 1961 particularly for AYs 1997-1998, 1998-1999, 1999-2000 and 2000-2001. Satisfying jurisdictional conditions necessary to make re-assessment, there is no possibility to avoid double taxation when tax paid in one of contracting States, [Usha Eswar v. Rajeshwari Menon, (2023) 1 HCC (Bom) 792]
Calcutta High Court
Criminal Trial — Death sentence award unconfirmed in a case of gangrape and subsequent death by asphyxiation of a college student, as the injuries on victim cannot be compared with extensive and brutal injuries noted in Mukesh case (2017) 6 SCC 1 which was one of the prime considerations for upholding death sentence in that case. However, the court observed that the offence in the instant case was grave and heinous, [State of W.B. v. Saiful Ali, (2023) 1 HCC (Cal) 525]
Delhi High Court
Arbitration — Arbitration and Conciliation Act, 1996 — Ss. 29 and 31(2) — Any decision of Arbitral Tribunal with more than one arbitrator is valid and enforceable, when signed by majority of its members. Held, as two co-arbitrators have signed award, same should be construed as valid award of Arbitral Tribunal, [Medeor Hospital Ltd. v. Ernst & Young LLP, (2023) 5 HCC (Del) 406]
Insolvency and Bankruptcy Laws — Corporate Insolvency Resolution Proceedings — The petitioner placed respondent on notice for its failure to comply with the contract. Petitioner issued a notice of dispute upon not receiving payment. The NCLT admitted petitions filed by banks seeking initiation of corporate insolvency resolution proceedings. The Adjudicating authority did not agree with resolution professional’s decision to admit claims of operational creditors including petitioners. Held, approval of resolution plan is statutorily recognised as conferring a closure upon all claims that persons or entities may have had against corporate debtor. All claims which are not part of resolution plan shall stand extinguished and no person would be entitled to ‘initiate or continue’ any proceedings in respect of claim, [Indian Oil Corpn. Ltd. v. Arcelor Mittal Nippon Steel India Ltd., (2023) 5 HCC (Del) 440]
Constitution of India — Art. 226 — The Government of Haryana had sealed their border with Delhi, restricting the movement of trucks carrying perishables, and the movement of permanent residents of Delhi employed elsewhere in essential services providing sectors. Subsequently, directions were issued, in effect of which the Government of Haryana began to issue “e-passes” allowing for e-pass holders to take multiple trips between Delhi and Haryana. The Court took on record the undertakings and statements, and held the Government of Haryana bound by the same, [O.P. Gupta v. Union of India, (2020) 1 HCC (Del) 770]
Criminal Procedure Code, 1973 — S. 439 — While granting bail, court has to keep in mind the nature of accusations, evidence in support thereof, severity of punishment which conviction will entail, character, behaviour, means and standing of accused, circumstances peculiar to accused, reasonable possibility of securing presence of accused at trial, reasonable apprehension of witnesses being tampered with, larger interests of public or State and similar other considerations, [Anil Saxena v. State (NCT of Delhi), (2020) 1 HCC (Del) 785]
GST — Notice — Notice issued by adjudicating authority must spell out allegation to be addressed by assessee. Department to provide assessee an opportunity to file reply to notices and pass order afresh after affording assessee opportunity to be heard, [Marg ERP Ltd. v. Commr. (SGST), (2023) 5 HCC (Del) 244]
Civil Procedure Code, 1908 — S. 9 — Held, where a probate has been sought in respect of a will, then genuineness and validity of will as determined by probate court should operate in rem and should be conclusive and binding not only upon parties before court but also upon all other persons in all proceedings arising out of will or claims under or connected thereto, [Geeta Tandon v. Sunil Gomber, (2023) 5 HCC (Del) 247]
Family and Personal Laws — Mutual settlement by all the parties — Impugned order modified — Compromise decree passed, [Anil Gomber v. Geeta Tandon, (2023) 5 HCC (Del) 288]
Family and Personal Laws — Settlement between parties — No Issue on dispute survives for adjudication, (2023) 5 HCC (Del) 247, modified, [Geeta Tandon v. Sunil Gomber, (2023) 5 HCC (Del) 290]
Family and Personal Laws — Appellant sought modification of compromise decree passed in Anil Gomber, (2023) 5 HCC (Del) 288 — Parties agreeing to modification, [Anil Gomber v. Geeta Tandon, (2023) 5 HCC (Del) 291]
GST — Notice — An order passed without granting any personal hearing is contrary to provisions of statute and is liable to be set aside, [Jupiter Exports v. Commr. (GST), (2023) 5 HCC (Del) 293]
GST — Search and Seizure — Intention of CGST Act, 2017 provisions are to unearth evasion of tax, [Deepak Khandelwal v. Commr. of Central GST, (2023) 5 HCC (Del) 305]
Criminal Trial — S. 439 — After a bail bond is furnished, requirement of surrendering stands satisfied, [Kavi Arora v. State (NCT of Delhi), (2023) 5 HCC (Del) 325]
Economic Offences — Prevention of Money Laundering Act, 2002 — Held, if a person has actually been involved in any process or activity connected with proceeds of crime, it would be sufficient to prosecute him under S. 3 PMLA, [Benoy Babu v. Enforcement Directorate, (2023) 5 HCC (Del) 353]
Arbitration and Conciliation Act, 1996 — S. 34 — Petitioner was declared successful bidder pursuant to tender notification, dispute arose between parties when petitioner committed breach of contract. The arbitrator held breach of contract by petitioner. Held, award does not require interference, award is well reasoned, and the respondents were ready and willing to perform their part, [BSNL v. Canara Bank, (2023) 5 HCC (Del) 382]
Kerala High Court
Constitution of India — Art. 227 — Power of Superintendence of High Court — Held, power of superintendence extended over tribunals by Article 227. Article 227 substantially reproduces Section 107 of the Government of India Act, except that power of superintendence extended by Article 227 also to tribunals. While the power under Article 227 of the Constitution of India should never be exercised in a manner that would result in the petition being an appeal in disguise, the High Court would be failing in its duty if it were to hold that it would not even examine the question as to whether tribunal had failed to exercise a jurisdiction vested in it and such failure has occasioned the failure of justice, [Jimmy Thomas v. Indian Bank, (2023) 1 HCC (Ker) 173]
Criminal Trial — Principles for sentencing — Special circumstances/Mitigating circumstances — Held, when opportunity for mitigation studies have not been rendered by the trial court, the appellate court has an obligation and duty to provide meaningful opportunity of hearing at the sentencing stage, as per Section 235(2) of the CrPC. There is no bar in High Court at appellate stage to commence mitigation study, even before commencement of hearing process on issue of conviction, [State of Kerala v. Mohd. Ameer-ul Islam, (2023) 1 HCC (Ker) 194]
Madras High Court
Public Accountability, Vigilance, Corruption/Abuse of Power by Public Servant — Housing, Real Estate and Town Planning — Accused 1 (regional officer of HUDCO) and Accused 2 (Company) entered into a criminal conspiracy, to cheat HUDCO in matter of loan sanctioned in favour of Accused 2 (Company). Accused 2 did not comply with terms and condition of opening an escrow account and sold 39 flats without obtaining NOC from HUDCO. Criminal misconduct and abuse of position for obtaining pecuniary advantage by public servant was proved hence, conviction by Trial Court, confirmed, [V. Arul Kumar v. CBI, (2023) 1 HCC (Mad) 221]
Orissa High Court
Civil Procedure Code, 1908 — A contract signed by the petitioner and the respondent was rescinded by the latter without a show-cause notice and an opportunity of hearing, after which the petitioner pleaded the violation of the principles of natural justice, The Court held that the absence of effective reply of the respondent to the petitioner’s pleadings is deemed to be the admission of allegations levelled in the petition, since in such absence, there can be no denial or non-admission by the defendant, binding them to all the allegations in the plaint. The writ petition was allowed, [Sibu Kanungo v. State of Odisha, (2023) 1 HCC (Ori) 32]
Protection of Children from Sexual Offences Act, 2012 — Allegations of rape and sexual assault against the (appellant) father of the victim, along with the use of criminal force intended to disrobe and outrage the modesty. The Court held intrinsic value in the oral evidence of the victim and her mother, holding the appellant liable for “aggravated penetrative sexual assault”, being a relative living in the same household with child, and “aggravated sexual assault” by a person in position of trust and authority of child. The Court found no infirmity or illegality in the judgment of the trial court, and dismissed the appeal, [X v. State of Odisha, (2023) 1 HCC (Ori) 45]
