Constitution of Special CourtsConstitution of Special Courts - The State and Central Governments will have to comply with the directions issued by this Court from time to time with respect to constitution of special courts. The High Court in consultation with the State Governments will have to undertake an exercise on the need for the special courts. The vacancies in the position of...
Constitution of Special Courts
Constitution of Special Courts - The State and Central Governments will have to comply with the directions issued by this Court from time to time with respect to constitution of special courts. The High Court in consultation with the State Governments will have to undertake an exercise on the need for the special courts. The vacancies in the position of Presiding Officers of the special courts will have to be filled up expeditiously. (Para 73 (g)) Satender Kumar Antil v. Central Bureau of Investigation, 2022 LiveLaw (SC) 577 : AIR 2022 SC 3386 : (2022) 10 SCC 51
Constitutional Validity - Mere plea of inconvenience is not enough to attract the constitutional inhibition - There is presumption that the Parliament understands and reacts to the needs of its own people as per the exigencies and experience gained in the implementation of the law. (Para 59) Noel Harper v. Union of India, 2022 LiveLaw (SC) 355 : 2022 (5) SCALE 775
Consumer Law
Consumer Law - Transfer Petition filed seeking transfer of consumer complaints pending before Consumer fora to Bombay High Court - Dismissed - The consumer complaints are filed under the Consumer Protection Act, therefore, such consumer complaints cannot be transferred to the High Court exercising the jurisdiction under Article 226 of the Constitution of India. Yes bank v. 63 Moons Technologies Ltd., 2022 LiveLaw (SC) 135
Consumer Protection Act, 1986
Consumer Protection Act, 1986 - The Act of 1986 is not a general law but a special law that has been enacted by Parliament specifically to protect the interest of consumers. [Overruled General Manager, Telecom v. M Krishnan, (2009) 8 SCC 481] (Para 18) Vodafone Idea Cellular Ltd. v. Ajay Kumar Agarwal, 2022 LiveLaw (SC) 221 : (2022) 6 SCC 496
Consumer Protection Act, 1986 - The requirement of leading detailed evidence could not be a ground to shut the doors of any forum created under the Act like the Consumer Protection Act. The anvil on which entertainability of a complaint by a forum under the Act is to be determined, is whether the questions, though complicated they may be, are capable of being determined by summary enquiry. (Para 11) Sunil Kumar Maity v. State Bank of India, 2022 LiveLaw (SC) 77 : AIR 2022 SC 577
Consumer Protection Act, 1986 - Appeal against NCDRC order refusing to condone delay of 67 days in filing the revision- Allowed and delay condoned- Delay in filing the revision was not huge, that should not have been condoned- The question of limitation is not to be examined with a view to decline the condonation, but to do substantial justice. Manager, Indusind Bank v. Sanjay Ghosh, 2022 LiveLaw (SC) 550
Consumer Protection Act, 1986 - Appeal by Developer against NCDRC order directing refund and compensation to Consumer for its failure to deliver possession of the apartment within the time stipulated as per the Apartment Buyers Agreement - Dismissed - Commission is correct in its approach in holding that the clauses of the agreement are one-sided and that the Consumer is not bound to accept the possession of the apartment and can seek refund of the amount deposited by her with interest - Commission has correctly exercised its power and jurisdiction in passing the directions for refund of the amount with interest. Experion Developers Pvt. Ltd. v. Sushma Ashok Shiroor, 2022 LiveLaw (SC) 352 : AIR 2022 SC 1824
Consumer Protection Act, 1986 - Consumer complaint alleging vehicle defect - The limitation will run from the day the defect surfaces in a case. (Para 7) Hyundai Motor India Ltd. v. Shailendra Bhatnagar, 2022 LiveLaw (SC) 399 : 2022 (6) SCALE 587
Consumer Protection Act, 1986 - Delivering a defective and old model car against a booking for a new car made by a customer who has paid full sale consideration is an "unfair trade practice" - Non delivery of a new car can be said to be an unfair trade practice and even it can be said to be dishonesty on the part of the dealer and against the morality and ethics - Once the new car was booked and the full sale consideration was paid, a duty was cast upon the dealer to deliver a new car which is not defective. (Para 7.2) Rajiv Shukla v. Gold Rush Sales and Services Ltd., 2022 LiveLaw (SC) 750 : AIR 2022 SC 4184 : (2022) 9 SCC 31
Consumer Protection Act, 1986 - If the NCDRC is of the opinion that the Surveyor was an unnecessary party or the pleadings are contradictory, it should have struck down the said party. The striking of surveyor from the array of parties would not make the complaint disjoined, as it was duty of the NCDRC to strike of an unnecessary party. (Para 3) Brahmaputra Biochem Pvt. Ltd. v. New India Assurance Company, 2022 LiveLaw (SC) 211
Consumer Protection Act, 1986 - In exercising of revisional jurisdiction the National Commission has no jurisdiction to interfere with the concurrent findings recorded by the District Forum and the State Commission which are on appreciation of evidence on record (Para 7.1) Rajiv Shukla v. Gold Rush Sales and Services Ltd., 2022 LiveLaw (SC) 750 : AIR 2022 SC 4184 : (2022) 9 SCC 31
Insurance Claims
Consumer Protection Act, 1986 - Insurance Claims - An insurance company cannot take a defense which did not form the basis of repudiation of the claim. (Para 13-15) JSK Industries Pvt. Ltd. v. Oriental Insurance Company Ltd., 2022 LiveLaw (SC) 884
Consumer Protection Act, 1986 - Insurance Claims - The delay in processing the claim and delay in repudiation could be one of the several factors for holding an insurer guilty of deficiency in service. But it cannot be the only factor. (Para 24) New India Assurance Co. Ltd. v. Shashikala J. Ayachi, 2022 LiveLaw (SC) 591 : AIR 2022 SC 3330
Medical Negligence
Consumer Protection Act, 1986 - Medical Negligence - The cause of action for claiming compensation in cases of failed sterilization operation arises on account of negligence of the surgeon and not on account of child birth. Failure due to natural causes would not provide any ground for claim. It is for the woman who has conceived the child to go or not to go for medical termination of pregnancy. Having gathered the knowledge of conception in spite of having undergone sterilization operation, if the couple opts for bearing the child, it ceases to be an unwanted child. Compensation for maintenance and upbringing of such a child cannot be claimed. Civil Hospital v. Manjit Singh, 2022 LiveLaw (SC) 781
Consumer Protection Act, 1986 - Consumer Protection Act and the RERA Act neither exclude nor contradict each other - They are concurrent remedies operating independently and without primacy. (Para 14.1) Experion Developers Pvt. Ltd. v. Sushma Ashok Shiroor, 2022 LiveLaw (SC) 352 : AIR 2022 SC 1824
Section 2(1)(d) - "Consumer"
Consumer Protection Act, 1986 - Section 2(1)(d) - Legislative history discussed - The legislative intent is to keep the commercial transactions out of the purview of the Act and at the same time, to give benefit of the Act to a person who enters into such commercial transactions, when he uses such goods or avails such services exclusively for the purposes of earning his livelihood by means of selfemployment. (Para 21 - 46) Shrikant G. Mantri v. Punjab National Bank, 2022 LiveLaw (SC) 197 : (2022) 5 SCC 42
Consumer Protection Act, 1986 - Section 2(1)(d) - The 'business to business' disputes cannot be construed as consumer disputes, thereby defeating the very purpose of providing speedy and simple redressal to consumer disputes. (Para 47) Shrikant G. Mantri v. Punjab National Bank, 2022 LiveLaw (SC) 197 : (2022) 5 SCC 42
Consumer Protection Act, 1986 - Section 2(1)(d) - The question, as to whether a transaction is for a commercial purpose would depend upon the facts and circumstances of each case. However, ordinarily, "commercial purpose" is understood to include manufacturing/industrial activity or business to business transactions between commercial entities; that the purchase of the good or service should have a close and direct nexus with a profit generating activity; that the identity of the person making the purchase or the value of the transaction is not conclusive for determining the question as to whether it is for a commercial purpose or not. What is relevant is the dominant intention or dominant purpose for the transaction and as to whether the same was to facilitate some kind of profit generation for the purchaser and/or their beneficiary. It has further been held that if the dominant purpose behind purchasing the good or service was for the personal use and the consumption of the purchaser and/or their beneficiary, or is otherwise not linked to any commercial activity, then the question of whether such a purchase was for the purpose of "generating livelihood by means of self -employment" need not be looked into. (Para 42) Shrikant G. Mantri v. Punjab National Bank, 2022 LiveLaw (SC) 197 : (2022) 5 SCC 42
Consumer Protection Act, 1986 - Section 2(1)(d) - When a person avails a service for a commercial purpose, to come within the meaning of 'consumer' as defined in the said Act, he will have to establish that the services were availed exclusively for the purposes of earning his livelihood by means of self -employment. (Para 45) Shrikant G. Mantri v. Punjab National Bank, 2022 LiveLaw (SC) 197 : (2022) 5 SCC 42
Consumer Protection Act, 1986; Section 2(1)(d)(ii) - Consumer complaint alleging premature encashment of Joint Fixed Deposit by bank in contravention of the terms and conditions is maintainable - A person who avails of any service from a bank will fall under the purview of the definition of a 'consumer' under the 1986 Act. As a consequence, it would be open to such a consumer to seek recourse to the remedies provided under the 1986 Act. (Para 19) Arun Bhatiya v. HDFC Bank, 2022 LiveLaw (SC) 696
Section 2(1)(g) - "Deficiency"
Consumer Protection Act, 1986; Section 2 (1) (g) - Failure to obtain an occupancy certificate or abide by contractual obligations amounts to a deficiency in service - Consumers ‘consumers’ has right to pray for compensation as a recompense for the consequent liability (such as payment of higher taxes and water charges by the owners) arising from the lack of an occupancy certificate. (Para 21-22) Samruddhi Co-operative Society v. Mumbai Mahalaxmi Construction, 2022 LiveLaw (SC) 36 : AIR 2022 SC 428 : (2022) 4 SCC 103
Consumer Protection Act, 1986; Section 2 (1) (g) - Insurance - Deficiency in Service - When the insured had produced the photocopy of certificate of registration and the registration particulars as provided by the RTO, solely on the ground that the original certificate of registration (which has been stolen) is not produced, non settlement of claim can be said to be deficiency in service. (Para 4) Gurmel Singh v. National Insurance Co. Ltd., 2022 LiveLaw (SC) 506 : AIR 2022 SC 2486
Consumer Protection Act, 1986; Section 2 (1) (g), 14 - The power to direct refund of the amount and to compensate a consumer for the deficiency in not delivering the apartment as per the terms of Agreement is within the jurisdiction of the Consumer Courts - A consumer can pray for refund of the money with interest and compensation. The consumer could also ask for possession of the apartment with compensation. The consumer can also make a prayer for both in the alternative. If a consumer prays for refund of the amount, without an alternative prayer, the Commission will recognize such a right and grant it, of course subject to the merits of the case. If a consumer seeks alternative reliefs, the Commission will consider the matter in the facts and circumstances of the case and will pass appropriate orders as justice demands. (Para 15-16) Experion Developers Pvt. Ltd. v. Sushma Ashok Shiroor, 2022 LiveLaw (SC) 352 : AIR 2022 SC 1824
Section 2(1)(o) - "Service"
Consumer Protection Act, 1986 - Section 2(1)(o) - Existence of an arbitral remedy under the Indian Telegraph Act, 1885, will not oust the jurisdiction of the consumer forum - It would be open to a consumer to opt for the remedy of arbitration, but there is no compulsion in law to do so and it would be open to a consumer to seek recourse to the remedies which are provided under the Act of 1986, now replaced by the Act of 2019. (Para 16, 20) Vodafone Idea Cellular Ltd. v. Ajay Kumar Agarwal, 2022 LiveLaw (SC) 221 : (2022) 6 SCC 496
Consumer Protection Act, 1986; Section 2(1)(o) - Doctors and hospitals who render service without any charge whatsoever to every person availing of the service would not fall within the ambit of 'service' under Section 2(1)(o) of the Act. The payment of a token amount for registration purposes only would not alter the position in respect of such doctors and hospitals. Civil Hospital v. Manjit Singh, 2022 LiveLaw (SC) 781
Consumer Protection Act, 1986 - Section 2(1)(o) - Scope of expression 'service' discussed - a service of every description would fall within the ambit of the statutory provision. (Para 9) Vodafone Idea Cellular Ltd. v. Ajay Kumar Agarwal, 2022 LiveLaw (SC) 221 : (2022) 6 SCC 496
Section 14 - Finding of the District Forum
Consumer Protection Act, 1986; Section 14(1) - If the reliefs granted in a consumer complaint fits any of the statutory provision contained in sub clause (1) of Section 14 of the Act, it would be well within the power and jurisdiction of the Forum to pass directions irrespective of the fact as to whether specifically certain reliefs have been claimed or not, provided that facts make out foundations for granting such reliefs. In any event, it is within the jurisdiction of the said forum to mould the reliefs claimed to do effective justice, provided the relief comes within the stipulation of Section 14(1) of the Act. (Para 15) Hyundai Motor India Ltd. v. Shailendra Bhatnagar, 2022 LiveLaw (SC) 399 : 2022 (6) SCALE 587
Consumer Protection Act, 1986; Section 14(1) - The failure to provide an airbag system which would meet the safety standards as perceived by a carbuyer of reasonable prudence should be subject to punitive damages which can have deterrent effect. And in computing such punitive damages, the capacity of the manufacturing enterprise should also be a factor - Such damages can be awarded in the event the defect is found to have the potential to cause serious injury or major loss to the consumer, particularly in respect of safety features of a vehicle. (Para 13) Hyundai Motor India Ltd. v. Shailendra Bhatnagar, 2022 LiveLaw (SC) 399 : 2022 (6) SCALE 587
Section 21 - Jurisdiction of the National Commission
Consumer Protection Act, 1986; Section 21 Section 21 (b) - Revisional jurisdiction of the National Commission is extremely limited. It should be exercised only in case as contemplated within the parameters specified in the said provision, namely when it appears to the National Commission that the State Commission had exercised a jurisdiction not vested in it by law, or had failed to exercise jurisdiction so vested, or had acted in the exercise of its jurisdiction illegally or with material irregularity. (Para 9) Sunil Kumar Maity v. State Bank of India, 2022 LiveLaw (SC) 77 : AIR 2022 SC 577
Consumer Protection Act, 2019
Consumer Protection Act, 2019 - Consumer Commission has power to issue directions for consequential relief if the terms of the contract are found to be unfair [Para 33 to 35] Texco Marketing Pvt. Ltd. v. TATA AIG General Insurance Company Ltd., 2022 LiveLaw (SC) 937
Section 2 (42) - "Service"
Consumer Protection Act, 2019; Section 2(42) - Consumer Protection Act, 1986 - Section 2(o) - The insertion of the expression 'telecom services' in the definition which is contained in Section 2(42) of the Act of 2019 cannot, for the reasons which we have indicated be construed to mean that telecom services were excluded from the jurisdiction of the consumer forum under the Act of 1986 - Section 2(o) of the Act of 1986 wide enough to comprehend services of every description including telecom services. (Para 14, 20) Vodafone Idea Cellular Ltd. v. Ajay Kumar Agarwal, 2022 LiveLaw (SC) 221 : (2022) 6 SCC 496
Section 38 - Procedure on admission of complaint
Consumer Protection Act, 2019; Section 38(2)(a) - The period of limitation for opposite party to file written version is 30 days which can be condoned up to 15 days only - The Tribunal has no jurisdiction to condone the delay beyond the prescribed period mentioned in the Statute. Antriksh Developers and Promoters Pvt. Ltd. v. Kutumb Welfare Society, 2022 LiveLaw (SC) 930
Section 67 - Appeal against order of National Commission
Consumer Protection Act, 2019; Section 67 Proviso - Onerous condition of payment of 50% of the amount awarded will not be applicable to the complaints filed prior to the commencement of the 2019 Act. (Para 34) ECGC Ltd. v. Mokul Shriram EPC JV, 2022 LiveLaw (SC) 168 : (2022) 6 SCC 704
Section 59 - Procedure applicable to National Commission
Consumer Protection Act, 2019; Section 59 (1) - The period of limitation for opposite party to file written version is 30 days which can be condoned up to 15 days only - The Tribunal has no jurisdiction to condone the delay beyond the prescribed period mentioned in the Statute. Antriksh Developers and Promoters Pvt. Ltd. v. Kutumb Welfare Society, 2022 LiveLaw (SC) 930
Contempt of Courts Act, 1971
Contempt of Courts Act, 1971 - A person who makes a false statement before the Court and makes an attempt to deceive the Court, interferes with the administration of justice and is guilty of contempt of Court - The Court not only has the inherent power but it would be failing in its duty if the alleged contemnor is not dealt with in contempt jurisdiction for abusing the process of the Court. In Re Perry Kansagra, 2022 LiveLaw (SC) 576
Contempt of Courts Act, 1971 - Appeal against Madras High Court's order holding advocate guilty of Contempt and sentencing him to 2 weeks imprisonment as well as debarring him from practicing for a period of 1 year for obstructing the execution of a non-bailable warrant issued by the HC against him - Upheld - Appellant has no respect for the administration of justice. The finding of contempt, as well as the sentence cannot be regarded as disproportionate. P.R. Adikesavan v. Registrar General, High Court of Madras, 2022 LiveLaw (SC) 530 : AIR 2022 SC 2779
Contempt of Courts Act, 1971 - Contempt petition filed alleging non-compliance of direction issued to the respondents to comply with and deposit the award amount - Respondents held guilty of contempt - Not only have the contemnors unreasonably delayed and defaulted in compliance of the orders of this Court without explaining the cause for such default, or seeking extension of time for compliance; but they have also sought to avoid compliance of the order, even after taking benefit of the extended time period granted for compliance of the same - Respondents shall be heard on sentence. Urban Infrastructure Real Estate Fund v. Dharmesh S. Jain, 2022 LiveLaw (SC) 264 : 2022 (4) SCALE 590
Contempt of Courts Act, 1971 - Contempt petition filed by RIL alleging non compliance of directions issued to SEBI in Reliance Industries Ltd vs Securities and Exchange Board of India 2022 LiveLaw (SC) 659 - Notice Issued to respondent - Merely because the stay application is pending in review petition cannot be a ground to grant stay by the respondent on its own and not to comply with the directions issued by this Court. Reliance Industries Ltd. v. Vijayan A., 2022 LiveLaw (SC) 950
Contempt of Courts Act, 1971 - Even a lawyer who subscribes his signatures to such derogatory and contemptuous averments is guilty for committing contempt of the Court. Mohan Chandra P. v. State of Karnataka, 2022 LiveLaw (SC) 952
Contempt of Courts Act, 1971 - It is not open to the Court in contempt jurisdiction to enlarge the scope of relief claimed in the main proceedings. Kangaro Industries v. Jaininder Jain, 2022 LiveLaw (SC) 437
Contempt of Courts Act, 1971 - Jurisdiction of a Court under the Act, would not cease, merely because the order or decree of which contempt is alleged, is executable under law, even without having recourse to contempt proceedings - Irrespective of whether or not a decree is executable, the question to be considered by this Court in determining whether a case for contempt has been made out was, whether, the conduct of the contemnor was such as would make a fit case for awarding punishment for contempt of Court. (Para 13.2,13.3, 15.1) Urban Infrastructure Real Estate Fund v. Dharmesh S. Jain, 2022 LiveLaw (SC) 264 : 2022 (4) SCALE 590
Contempt of Courts Act, 1971 - Supreme Court issues show-cause notice for contempt of courts action against Advocate on Record for signing a petition with derogatory remarks against High Court. Mohan Chandra P. v. State of Karnataka, 2022 LiveLaw (SC) 952
Contempt of Courts Act, 1971 - Vijay Mallya sentenced to 4 months imprisonment and Rs 2000 fine for contempt of court for disobedience of court orders- It is, well settled that apart from punishing the contemnor for his contumacious conduct, the majesty of law may demand that appropriate directions be issued by the court so that any advantage secured as a result of such contumacious conduct is completely nullified. The approach may require the court to pass directions either for reversal of the transactions in question by declaring said transactions to be void or passing appropriate directions to the concerned authorities to see that the contumacious conduct on the part of the contemnor does not continue to enure to the advantage of the contemnor or any one claiming under him- In a given case, to meet the ends of justice, the concept of purging of the contempt would call for complete disgorging of all the benefits secured as a result of actions which are found by the court to be contumacious. (Para 13) State Bank of India v. Dr. Vijay Mallya, 2022 LiveLaw (SC) 575
Contempt of Courts Act, 1971 - When a party which is required to comply with the terms or directions in an order has not done so within such time as stipulated in the order, two options are available to the party which was required to comply with such order: (a) give an explanation to the Court as to the circumstances due to which the party could not comply with the order of the Court; (b) seek for further time to comply with the order of the Court. If a delay has occurred in complying with the terms of an order and the party which was to comply with the order has not resorted to either of the two aforestated options, then, the party responsible for delay in compliance, may be held to have committed contempt. (Para 15) Urban Infrastructure Real Estate Fund v. Dharmesh S. Jain, 2022 LiveLaw (SC) 264 : 2022 (4) SCALE 590
Section 14 - Procedure where contempt is in the face of the Supreme Court or a High Court
Contempt of Courts Act, 1971; Section 14 - Procedure where contempt is in the face of the Supreme Court or a High Court - contemplates opportunity is provided to contemnor to make his defence - evidence to be taken as may be necessary. (Para 10) Mehmood Pracha v. Central Administrative Tribunal, 2022 LiveLaw (SC) 692 : AIR 2022 SC 3933
Contract Act, 1872
Abandonment
Contract Act, 1872 - Abandonment - The refusal of a contractor to continue to execute the work, unless the reciprocal promises are performed by the other party, cannot be termed as abandonment of contract. A refusal by one party to a contract, may entitle the other party either to sue for breach or to rescind the contract and sue on a quantum meruit for the work already done. (Para 22) Shripati Lakhu Mane v. Member Secretary, 2022 LiveLaw (SC) 331 : AIR 2022 SC 1574
Contract Act, 1872 - Abandonment - Whenever a material alteration takes place in the terms of the original contract, on account of any act of omission or commission on the part of one of the parties to the contract, it is open to the other party not to perform the original contract. This will not amount to abandonment. Moreover, abandonment is normally understood, in the context of a right and not in the context of a liability or obligation. A party to a contract may abandon his rights under the contract leading to a plea of waiver by the other party, but there is no question of abandoning an obligation. (Para 19) Shripati Lakhu Mane v. Member Secretary, 2022 LiveLaw (SC) 331 : AIR 2022 SC 1574
Contract of indemnity, contract of guarantee and pledge
Contract Act, 1872 - Contract of indemnity, contract of guarantee and pledge - The contract of indemnity is a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or by the conduct of any other person. In a contract of indemnity, a promisee acting within the scope of his authority is entitled to recover from the promisor all damages and all costs which he may incur. A contract of guarantee, on the other hand, is a promise whereby the promisor promises to discharge the liability of a third person in case of his default. The person who gives the guarantee is called the surety. The person in respect of whose default, the guarantee is given is the principal debtor and the person to whom the guarantee is given is the creditor. Anything done or any promise made for the benefit of the principal debtor may be a sufficient consideration to the surety for giving the guarantee. On the other hand, the bailment of goods as security for payment of a debt or performance of a promise is a pledge. (Para 35) Maitreya Doshi v. Anand Rathi Global Finance Ltd., 2022 LiveLaw (SC) 789 : AIR 2022 SC 4595
Doctrine of Blue Pencil
Contract Act, 1872 - Doctrine of Blue Pencil -The said doctrine strikes off the offending clause as void ab initio. An exclusion clause repugnant to the main contract ought to be effaced. [Para 22] Texco Marketing Pvt. Ltd. v. TATA AIG General Insurance Company Ltd., 2022 LiveLaw (SC) 937
Section 2 - Interpretation-clause
Contract Act, 1872; Sections 2, 10 - Concluded Contract - In order that there must be a contract concluded, undoubtedly, there must be a proposal made, which must be accepted. There must be consideration for the promise. The proposal must be accepted, which must be communicated - The acceptance must be unqualified - The parties can be said to have entered into a contract or a contract would be said to be concluded only when they are ad idem on all the essential terms of the contract - If the proposals containing the essential terms have been accepted, and the acceptance is communicated and, if the other conditions in Section 2 are complied with, viz. , that is there is consideration and the contract is enforceable in law, within the meaning of Section 10, it would lead to the creation of a concluded contract. (Para 78) Karnataka Power Transmission Corporation Ltd. v. JSW Energy Ltd., 2022 LiveLaw (SC) 981
Section 10 - What agreements are contracts
Contract Act, 1872; Section 10 - It is not essential to form a contract, that it should be in writing - If a law stipulates that a contract be in writing in which case a contract must be reduced to writing. (Para 56) Karnataka Power Transmission Corporation Ltd. v. JSW Energy Ltd., 2022 LiveLaw (SC) 981
Contract Act, 1872; Section 2 - Concluded Contract - In order that there must be a contract concluded, undoubtedly, there must be a proposal made, which must be accepted. There must be consideration for the promise. The proposal must be accepted, which must be communicated - The acceptance must be unqualified - The parties can be said to have entered into a contract or a contract would be said to be concluded only when they are ad idem on all the essential terms of the contract - If the proposals containing the essential terms have been accepted, and the acceptance is communicated and, if the other conditions in Section 2 are complied with, viz. , that is there is consideration and the contract is enforceable in law, within the meaning of Section 10, it would lead to the creation of a concluded contract. (Para 78) Karnataka Power Transmission Corporation Ltd. v. JSW Energy Ltd., 2022 LiveLaw (SC) 981
Section 23 - What considerations and objects are lawful, and what not.
Contract Act, 1872; Section 23 - An unconscionable term in a contract is void under Section 23 of the Indian Contract Act. (Para 23) B.B. Patel v. DLF Universal Ltd; 2022 LiveLaw (SC) 90 : AIR 2022 SC 683 : (2022) 6 SCC 742
Contract Act, 1872; Section 23 - What is contemplated under Section 23 of the Indian Contract Act is law, in all its forms, being immunised from encroachment and infringement by a contract, being enforced. Not only would a Statutory Rule be law within the meaning of Article 13 of the Constitution of India but it would also be law under Section 23 of the Indian Contract Act. (Para 69) G.T. Girish v. Y. Subba Raju, 2022 LiveLaw (SC) 61 : 2022 (2) SCALE 151
Section 25 - Agreement without consideration
Contract Act 1872; Section 25(3) - It is clear that any agreement to pay a time barred debt, would be enforceable in law, within three years from the due date of payment, in terms of such agreement. Kotak Mahindra Bank Limited v. Kew Precision Parts Pvt. Ltd., 2022 LiveLaw (SC) 673 : (2022) 9 SCC 364
Section 28 - Agreements in restraint of legal proceeding void
Contract Act, 1872; Section 28 - Insurance - Condition of lodging Insurance claim within a period of one month, extendable by another one month is contrary to Section 28 of the Act and thus void. Oriental Insurance Company Ltd. v. Sanjesh, 2022 LiveLaw (SC) 303
Section 56 - Agreement to do impossible act
Contract Act, 1872 - Section 56 - Doctrine of Frustration discussed - The applicability of Section 56 of the Indian Contract Act is not limited to cases of physical impossibility. (Para 41) Loop Telecom and Trading Ltd. v. Union of India, 2022 LiveLaw (SC) 238 : AIR 2022 SC 1441 : (2022) 6 SCC 762
Section 65 - Obligation of person who has received advantage under void agreement, or contract that becomes void
Contract Act, 1872 - Section 65 - Appeal against TDSAT order dismissing appellant's refund claim - Dismissed - In Centre for Public Interest Litigation v. Union of India (2012) 3 SCC 1, the 2G licences which were granted by the Union of India, including to the appellant, were quashed - The appellant was the beneficiary of the "First Come First Serve" policy which was intended to favour a group of private bidding entities at the cost of the public exchequer. The contention of the appellant that it was exculpated from any wrongdoing by the judgment of this Court in CPIL (supra) is patently erroneous. Loop Telecom and Trading Ltd. v. Union of India, 2022 LiveLaw (SC) 238 : AIR 2022 SC 1441 : (2022) 6 SCC 762
Contract Act, 1872 - Section 65 - Restitution - In adjudicating a claim of restitution, the court must determine the illegality which caused the contract to become void and the role the party claiming restitution has played in it. If the party claiming restitution was equally or more responsible for the illegality (in comparison to the defendant), there shall be no cause for restitution. (Para 52) Loop Telecom and Trading Ltd. v. Union of India, 2022 LiveLaw (SC) 238 : AIR 2022 SC 1441 : (2022) 6 SCC 762
Section 74 - Compensation for breach of contract where penalty stipulated for
Contract Act, 1872; Section 74 - All preestimated amounts which are specified to be paid on account of breach by any party under a contract are covered by Section 74 of Contract Act - In a scenario where the contractual terms clearly provide the factum of the pre estimate amount being in the nature of 'earnest money', the onus to prove that the same was 'penal' in nature squarely lies on the party seeking refund of the same. Failure to discharge such burden would treat any preestimated amount stipulated in the contract as a 'genuine preestimate of loss'. (Para 35) Desh Raj v. Rohtash Singh, 2022 LiveLaw (SC) 1026
Sections 176 – Pawnee’s right where pawnor makes default
Contract Act, 1872; Section 176 - Pledge, Pawnee & Pawnor -Contract Act does not conceive of sale of the pawn to self and consequently, the pawnor's right to redemption in terms of Section 177 of the Contract Act survives till 'actual sale' (Para 8.2) PTC India Financial Services Ltd v. Venkateswarlu Kari, 2022 LiveLaw (SC) 475 : (2022) 9 SCC 704
Sections 177 – Defaulting pawnor‟s right to redeem
Contract Act, 1872; Section 177 - Pledge, Pawnee & Pawnor -Contract Act does not conceive of sale of the pawn to self and consequently, the pawnor's right to redemption in terms of Section 177 of the Contract Act survives till 'actual sale' (Para 8.2) PTC India Financial Services Ltd v. Venkateswarlu Kari, 2022 LiveLaw (SC) 475 : (2022) 9 SCC 704
Contract of Service or Contract for Service
Contract of Service or Contract for Service - Sushilaben Indravadan Gandhi v. New India Assurance Co. Ltd. - flexibility in regard to deciding the question of whether a contract is one for service or one of service - no one test of universal application can ever yield the correct result - it is a conglomerate of all applicable tests taken on the totality of the fact situation in a given case that would ultimately yield, particularly in a complex hybrid situation, whether the contract to be construed is a contract of service or a contract for service - depending on the fact situation of each case, all the aforesaid factors would not necessarily be relevant, or, if relevant, be given the same weight. [Para 41 & 56] C.C. C.E. & S.T., Bangalore (Adjudication) Etc. v. M/s. Northern Operating Systems Pvt. Ltd., 2022 LiveLaw (SC) 526 : AIR 2022 SC 2450
Control of Terrorism and Organised Crime Act, 2015 (Gujarat)
Control of Terrorism and Organized Crime Act, 2015 (Gujarat) - To invoke this Act in respect of such an activity more than one charge-sheet must have been filed before a competent Court in the preceding ten years- Bail granted to accused as only one chargesheet has been filed against him. Mohamad Iliyas Mohamad Bilal Kapadiya v. State of Gujarat, 2022 LiveLaw (SC) 538
Control of Terrorism and Organised Crime Act, 2015 (Gujarat) - Control of Organised Crime Act, 1999 (Maharashtra) - Where a person commits no unlawful activity after the invocation of the MCOCA. In such circumstances, the person cannot be arrested under the said Act on account of the offences committed by him before coming into force of the said Act, even if, he is found guilty of the same. However, if the person continues with the unlawful activities and is arrested, after the promulgation of the said Act, then, such person can be tried for the offence under the said Act. If a person ceases to indulge in any unlawful act after the said Act, then, he is absolved of the prosecution under the said Act. But, if he continues with the unlawful activity, it cannot be said that the State has to wait till, he commits two acts of which cognizance is taken by the Court after coming into force. The same principle would apply, even in the case of the 2015 Act. (Para 51) State of Gujarat v. Sandip Omprakash Gupta, 2022 LiveLaw (SC) 1031
Section 3 - Punishment for terrorist act and organised crime.
Control of Terrorism and Organised Crime Act, 2015 (Gujarat); Section 3 - The offence of 'organised crime' could be said to have been constituted by at least one instance of continuation, apart from continuing unlawful activity evidenced by more than one chargesheets in the preceding ten years. (Para 51) State of Gujarat v. Sandip Omprakash Gupta, 2022 LiveLaw (SC) 1031
Section 20 - Modified application of certain provisions of the code
Control of Terrorism and Organised Crime Act, 2015 (Gujarat); Section 20(2) - Code of Criminal Procedure, 1973; Section 167(2) - Application for extension of time for investigation - Firstly, in the report of the Public Prosecutor, the progress of the investigation should be set out and secondly, the report must disclose specific reasons for continuing the detention of the accused beyond the said period of 90 days. Therefore, the extension of time is not an empty formality - The scope of the objections may be limited - The accused can always point out to the Court that the prayer has to be made by the Public Prosecutor and not by the investigating agency. Secondly, the accused can always point out the twin requirements of the report in terms of proviso added by subsection (2) of Section 20 of the 2015 Act to subsection (2) of Section 167 of CrPC. The accused can always point out to the Court that unless it is satisfied that full compliance is made with the twin requirements, the extension cannot be granted. (Para 28-29) Jigar @ Jimmy Pravinchandra Adatiya v. State of Gujarat, 2022 LiveLaw (SC) 794 : AIR 2022 SC 4641
Control of Terrorism and Organised Crime Act, 2015 (Gujarat); Section 20(5) - In State of Maharashtra v. Bharat Shanti Lal Shah (2008) 13 SCC 5, it was held that the expression "or under any other Act" appearing in subsection (5) of Section 21 of the MCOCA was violative of Articles 14 and 21 of the Constitution and, therefore, it must be struck down. Hence, the same expression used in subsection (5) of Section 20 of the 2015 Act infringes Articles 14 and 21 of the Constitution. (Para 21) Jigar @ Jimmy Pravinchandra Adatiya v. State of Gujarat, 2022 LiveLaw (SC) 794 : AIR 2022 SC 4641
Control of Organised Crime Act, 1999 (Maharashtra)
Section 2(1)(d) - “Continuing Unlawful Activity”
Control of Organised Crime Act, 1999 (Maharashtra); Section 2(1)(d) - The matter of settlement because of cross-cases or a matter of acquittal because of the witnesses not turning up, could hardly be of any relevance so far as Section 2(1)(d) of MCOCA is concerned - What is significant and pertinent is the involvement of the person concerned in the referred activity and filing of charge-sheet and taking of cognizance in the offence as predicated. Acquittal or discharge is of no significance. (Para 17.5) Abhishek v. State of Maharashtra, 2022 LiveLaw (SC) 516 : AIR 2022 SC 2488 : (2022) 8 SCC 282
Control of Organised Crime Act, 1999 (Maharashtra); Section 2(1)(d) - The threshold requirement in terms of clause (d) is that of the activity/activities undertaken by the accused persons either singly or jointly, as a member of an organized crime syndicate, which involves a cognizable offence punishable with imprisonment of 3 years or more and in respect of which, more than one charge-sheets have been filed before the competent Court within 10 years and cognizance had been taken. (Para 17.1) Abhishek v. State of Maharashtra, 2022 LiveLaw (SC) 516 : AIR 2022 SC 2488 : (2022) 8 SCC 282
Control of Organized Crime Act, 1999 (Maharashtra); Section 2(1)(d) - More than one charge sheet is required to be filed in respect of the organized crime syndicate and not in respect of each person who is alleged to be a member of such a syndicate. (Para 79) Zakir Abdul Mirajkar v. State of Maharashtra, 2022 LiveLaw (SC) 707
Section 2(1)(e) - “Organised Crime”
Control of Organised Crime Act, 1999 (Maharashtra); Section 2(1)(e) - The expression 'other advantage' cannot be read in a restrictive manner and is required to be given its full effect. The High Court has rightly said that there could be advantage to a person committing a crime which may not be directly leading to pecuniary advantage or benefit but could be of getting a strong hold or supremacy in the society or even in the syndicate itself. (Para 14.2-14.4) Abhishek v. State of Maharashtra, 2022 LiveLaw (SC) 516 : AIR 2022 SC 2488 : (2022) 8 SCC 282
Control of Organised Crime Act, 1999 (Maharashtra); Section 2(1)(e) - Actual use of violence is not always a sine qua non for an activity falling within the mischief of organised crime, when undertaken by an individual singly or jointly as part of organised crime syndicate or on behalf of such syndicate. Threat of violence or even intimidation or even coercion would fall within the mischief. (Para 14.1) Abhishek v. State of Maharashtra, 2022 LiveLaw (SC) 516 : AIR 2022 SC 2488 : (2022) 8 SCC 282
Section 18 - Certain confessions made to police officer to be taken into consideration
Control of Organised Crime Act, 1999 (Maharashtra); Section 18 - The value attached to the confessional statement, while overriding the provisions of CrPC and the Evidence Act in terms of Section 18 of MCOCA, cannot be gainsaid and cannot be ignored. (Para 18) Abhishek v. State of Maharashtra, 2022 LiveLaw (SC) 516 : AIR 2022 SC 2488 : (2022) 8 SCC 282
Control of Organized Crime Act, 1999 (Maharashtra); Section 18 - Confession recorded by an Additional Superintendent of Police [Addl. SP] is admissible in evidence - The posts of SP, Addl. SP, and DCP all fall within the same rank as they exercise similar functions and powers and operate within similar spheres of authority. (Para 63) Zakir Abdul Mirajkar v. State of Maharashtra, 2022 LiveLaw (SC) 707
Section 23 - Congnizance of, and investigation into, an offence
Control of Organized Crime Act, 1999 (Maharashtra); Section 23(1)(a) - The order of approval need not name every accused person at the outset- Section 23(1)(a) MCOCA speaks of recording information about the commission of an offence of organized crime, and not of recording information about the offender. The competent authority may record information under Section 23(1)(a) once it is satisfied that an organized crime has been committed by an organized crime syndicate. (Para 72) Zakir Abdul Mirajkar v. State of Maharashtra, 2022 LiveLaw (SC) 707
Section 3 - Punishment for organised crime
Control of Organized Crime Act, 1999 (Maharashtra); Section 3(2) - Those accused of abetting the commission of organized crime need not themselves be charged with committing a cognizable offence punishable with imprisonment of at least three years. They need only be abetting those who are guilty of committing a cognizable offence punishable with imprisonment of at least three years, which offence amounts to an organized crime. (Para 76) Zakir Abdul Mirajkar v. State of Maharashtra, 2022 LiveLaw (SC) 707
Co-operative Societies
Co-operative Societies - Once a person becomes a member of the Co-operative Society, he loses his individuality with the Society and he has no independent rights except those given to him by the statute and bye-laws. The member has to speak through the Society or rather the Society alone can act and speaks for him qua the rights and duties of the Society as a body. (Para 53) Bengal Secretariat Cooperative Land Mortgage Bank and Housing Society Ltd. v. Aloke Kumar, 2022 LiveLaw (SC) 849
Kerala Cooperative Societies Act, 1969
Kerala Cooperative Societies Act, 1969; Section 40(1)(a) - A member of the society executing the document in his own capacity or in the capacity of a Guardian or a minor shall not be entitled to the benefit of remission of stamp duty - The benefit is available only in respect of instruments executed by or on behalf of a society or by an officer or member thereof and instrument so executed should be relating to the business of the society. (Para 8-9) Kerala Land Reforms & Development Co-operative Society Ltd. v. District Registrar (General), 2022 LiveLaw (SC) 882
Maharashtra Co-operative Societies Rules, 1961
Maharashtra Co-operative Societies Rules, 1961 - Rule 107(14) - Once the borrower failed to apply to the Recovery Officer to set aside the auction sale on the grounds of material irregularity, mistake or fraud in publishing or conducting the auction sale within a period of thirty days from the date of sale of immovable property, thereafter it was not open for the borrower to challenge the sale on the ground of material irregularity. (Para 7.1) Deenadayal Nagari Sahakari Bank Ltd. v. Munjaji, 2022 LiveLaw (SC) 183 : AIR 2022 SC 1140 : (2022) 7 SCC 594
West Bengal Co-operative Societies Act, 1940
Co-operative Societies - West Bengal Co-operative Societies Act, 1940 - It is not open to the Court to sit over the commercial wisdom of the General Body as an Appellate Authority. Merely because one single member in minority disapproves of the decision, that cannot be the basis to negate the decision of the General Body, unless it is shown that the decision was the product of fraud or misrepresentation or was opposed to some statutory prohibition -Co-operative Society is to function democratically and the internal democracy of a society, including resolutions passed in accordance with the Act, the Rules, and the bye-laws have to be respected and implemented. (Para 54) Bengal Secretariat Cooperative Land Mortgage Bank and Housing Society Ltd. v. Aloke Kumar, 2022 LiveLaw (SC) 849
Section 63 - Offence of infringement of copyright
Copyright Act, 1957; Section 63 - Code of Criminal Procedure, 1973; Part II of First Schedule - Section 63 of the Copyright Act is a cognizable and nonbailable offence. (Para 7) Knit Pro International v. State of NCT of Delhi, 2022 LiveLaw (SC) 505 : (2022) 10 SCC 221
Court Fees Act, 1870
Section 7 - Computation of fees payable in certain suits
Court Fees Act, 1870; Section 7 - Appeal against High Court judgment which set aside Trial Court order to file the Court-fees on the amount of Rs.20 Lakhs as claimed by him in the Money suit for compensation- Allowed - A reading of the relief clause would make it abundantly clear that this was a money suit for compensation/damages and not falling under any of the categories mentioned in clause (iv) of Section 7 of the Act. Therefore, there would be no question at all for the applicability of Section 7(iv) of the Act. It would be a simple case of applicability of Section 7(i) of the Act and ad valorem Court-fees would have to be paid as per Schedule 1 entry. State of Punjab v. Dev Brat Sharma, 2022 LiveLaw (SC) 292 : 2022 (5) SCALE 90
Court Fees Act, 1870; Section 7 - Once the suit in question is a money suit for compensation and damages falling under clause (i) of Section 7 of the Act, ad valorem Court-fees would be payable on the amount claimed - It is only with respect to the category of suits specified in clause (iv) of Section 7 of the Act that the plaintiff has the liberty of stating in the plaint the amount at which relief is valued and Court-fees would be payable on the said amount. (Para 21) State of Punjab v. Dev Brat Sharma, 2022 LiveLaw (SC) 292 : 2022 (5) SCALE 90
Court-fees Act, 1870; Section 7(iv)(d) - the market value does not become decisive of suit valuation merely because an immovable property is the subject-matter of litigation - the market value of the immovable property involved in the litigation might have its relevance depending on the nature of relief claimed but, ultimately, the valuation of any particular suit has to be decided primarily with reference to the relief/reliefs claimed - It is unquestionable principle of law that a suit for mandatory and prohibitory injunction is not required to be valued at the market value of the property. [Para 9.1 & 10] Bharat Bhushan Gupta v. Pratap Narain Verma, 2022 LiveLaw (SC) 552 : AIR 2022 SC 2867 : (2022) 8 SCC 333
Courts Act, 1918 (Punjab)
Courts Act, 1918 (Punjab); Section 41 - Code of Civil Procedure, 1908; Section 100 - In the State of Haryana a court in second appeal is not required to formulate a substantial question of law, as what is applicable in Haryana is Section 41 of the Punjab Courts Act, 1918 and not Section 100 of CPC - But only such decisions are to be considered in second appeal which are contrary to law or to some custom or usage having the force of law or the court below have failed to determine some material issue of law or custom or usage having the force of law - Second appeal is not a forum where court has to re-examine or re-appreciate questions of fact settled by the Trial Court and the Appellate Court. (Para 10-15) Satyender v. Saroj, 2022 LiveLaw (SC) 679 : AIR 2022 SC 4732
Courts Act, 1918 (Punjab); Section 41 - Second appeal is not a forum where the court is to reexamine or reappreciate the question of fact settled by the trial court or the Appellate Court - Though in view of Section 41 of the Punjab Act, it is not necessary to frame a substantial question of law, the jurisdiction of the High Court under second appeal cannot be exercised for reappreciation of evidence. (Para 16-17) Shivali Enterprises v. Godawari (D), 2022 LiveLaw (SC) 762 : AIR 2022 SC 4388
Covid - 19
Death Compensation Claims
COVID Death Compensation Claims - Apprehension about Fake Claims - Nobody can be permitted to avail the ex-gratia compensation by making a false claim and/or submitting the false certificate- National Disaster Management Authority /Union of India, through Ministry of Health and Family Welfare, permitted to carry out the random scrutiny of 5% of the claim applications by the States of Andhra Pradesh, Gujarat, Kerala and Maharashtra at the first instance - The concerned States directed to assist in carrying out the scrutiny of the claim applications as ordered above and submit all the necessary particulars of the respective claims that have been attended/processed to the Ministry of Health and Family Welfare, who shall carry out the scrutiny within a period of three months from today and submit the report before this Court. If it is found that anybody has made a fake claim, the same shall be considered under Section 52 of the Disaster Management Act, 2005 and liable to be punished accordingly. (Para 6, 6.1) Gaurav Kumar Bansal v. Union of India, 2022 LiveLaw (SC) 312 : 2022 (5) SCALE 252
COVID Death Compensation Claims - Fixed outer limit of sixty days from today to file the claims for compensation in case the death occurred due to COVID-19 prior to 20.03.2022 - For future deaths, ninety days’ time is provided from the date of death due to COVID-19 to file the claim for compensation. The earlier order to process the claims and to make the actual payment of compensation within a period of thirty days from the date of receipt of claim is ordered to be continued - In case of extreme hardship any claimant could not make an application within the time prescribed, it will be open for the claimant to approach the Grievance Redressal Committee and make the claim through Grievance Redressal Committee which shall be considered by the Grievance Redressal Committee on case to case basis and if it is found by the Grievance Redressal Committee that a particular claimant could not make the claim within the stipulated time which was beyond their control his/her case may be considered on merits - Ministry of Health and Family Welfare and Ministry of Home Affairs – Union of India and all the concerned States are directed to give wide publicity to the present order through print and electronic media so that the claimants can know the time limit fixed by this Court for making claims. (Para 3-5) Gaurav Kumar Bansal v. Union of India, 2022 LiveLaw (SC) 312 : 2022 (5) SCALE 252
Ex Gratia Compensation
Covid -19 - Ex Gratia Compensation - States directed to reach out to children who were orphaned due to COVID-19 for paying them ex-gratia compensation of Rs 50,000 - Issued directions - Applications/claims of the kin/family members of persons who have succumbed to COVID-19 shall not be rejected on technical grounds. Gaurav Bansal v. Union of India, 2022 LiveLaw (SC) 70
Covid -19 - Performance of Dokhmenashini or funeral rights in the Dokhmas belonging to the Parsi Zoroastrian community - Agreed Protocol & Standard Operating Procedure For Handling Dead Bodies Of Parsi Zoroastrian Covid -19 Victims - Protocol and the Standard Operating Procedure comports with the tenets of the Zoroastrian faith, while according with the need expressed by the Union government for the maintenance of safety and hygiene in the context of the Covid -19 pandemic. Surat Parsi Panchayat Board v. Union of India, 2022 LiveLaw (SC) 149 : (2022) 4 SCC 534
Extension of Limitation
Covid-19 - Extension of Limitation - Arbitration and Conciliation Act, 1996; Section 23(4), 29A - Commercial Courts Act, 2015; Section 12A - Negotiable Instruments Act, 1881; Section 138 - The period from 15.03.2020 till 28.02.2022 shall also stand excluded in computing the periods prescribed under Sections 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings. (Para 5) In Re Cognizance for extension of Limitation, 2022 LiveLaw (SC) 31 : (2022) 3 SCC 117
Covid-19 - Extension of Limitation - Period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings - The balance period of limitation remaining as on 03.10.2021, if any, shall become available with effect from 01.03.2022 - In cases where the limitation would have expired during the period between 15.03.2020 till 28.02.2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 01.03.2022. In the event the actual balance period of limitation remaining, with effect from 01.03.2022 is greater than 90 days, that longer period shall apply. (Para 5) In Re Cognizance for extension of Limitation, 2022 LiveLaw (SC) 31 : (2022) 3 SCC 117
Vaccination
Covid -19 - Vaccination - Centre's affidavit to the effect that production of an Aadhar card is not a mandatory pre -condition for availing of vaccination facilities - All concerned authorities shall act in pursuance of the stated policy. (Para 6) Siddharthshankar Sharma v. Union of India, 2022 LiveLaw (SC) 147
Covid-19 - Vaccination - Adverse effects following immunization is crucial for creating awareness around vaccines and their efficacy, apart from being instrumental in further scientific studies around the pandemic- Union of India directed to facilitate the reporting of suspected adverse events by individuals and private doctors on a virtual platform and the reports so made shall be publicly accessible after being given unique identification numbers, without listing any personal or confidential data of the persons reporting. (Para 84, 89(viii)) Jacob Puliyel v. Union of India, 2022 LiveLaw (SC) 439 : 2022 (7) SCALE 256
Covid-19 - Vaccination - Cannot conclude that restricted emergency use approvals had been granted to COVISHIELD and COVAXIN in haste, without thorough review of the relevant data - Subject to the protection of privacy of individual subjects, with respect to ongoing clinical trials and trials that may be conducted subsequently for COVID-19 vaccines, all relevant data required to be published under the extant statutory regime must be made available to the public without undue delay. (Para 76, 89(vi)) Jacob Puliyel v. Union of India, 2022 LiveLaw (SC) 439 : 2022 (7) SCALE 256
Covid-19 - Vaccination policy - Current vaccination policy of the Union of India is informed by relevant considerations and cannot be said to be unreasonable or manifestly arbitrary - Contrasting scientific opinion coming forth from certain quarters to the effect that natural immunity offers better protection against COVID-19 is not pertinent for determination of the issue before us. (Para 56,89(iv)) Jacob Puliyel v. Union of India, 2022 LiveLaw (SC) 439 : 2022 (7) SCALE 256
COVID-19 - Vaccine mandates - Not proportionate - No data has been placed by the Union of India or the States appearing before us, controverting the material placed by the Petitioner in the form of emerging scientific opinion which appears to indicate that the risk of transmission of the virus from unvaccinated individuals is almost on par with that from vaccinated persons. In light of this, restrictions on unvaccinated individuals imposed through various vaccine mandates by State Governments / Union Territories cannot be said to be proportionate. Till the infection rate remains low and any new development or research finding emerges which provides due justification to impose reasonable and proportionate restrictions on the rights of unvaccinated individuals, we suggest that all authorities in this country, including private organizations and educational institutions, review the relevant orders and instructions imposing restrictions on unvaccinated individuals in terms of access to public places, services and resources, if not already recalled. (Para 89(v)). Jacob Puliyel v. Union of India, 2022 LiveLaw (SC) 439 : 2022 (7) SCALE 256
Criminal Cases
Criminal Cases - Disposal of criminal cases by resorting to the triple method of plea bargaining, compounding of offences and under the Probation of Offenders Act, 1958 - Guidelines issued. Re: Policy Strategy for Grant of Bail, 2022 LiveLaw (SC) 889
Criminal Cases - Role of State - In criminal matters the party who is treated as the aggrieved party is the State which is the custodian of the social interest of the community at large and so it is for the State to take all the steps necessary for bringing the person who has acted against the social interest of the community to book. (Para 11) Jayaben v. Tejas Kanubhai Zala, 2022 LiveLaw (SC) 29 : AIR 2022 SC 358 : (2022) 3 SCC 230
Criminal Cases - Where it is found that the accused are released on bail in serious offences, the State Government/legal department of State Government and the Director of Prosecution shall take prompt decision and challenge the order passed by the trial court and/or the High Court as the case may be. (Para 11) Jayaben v. Tejas Kanubhai Zala, 2022 LiveLaw (SC) 29 : AIR 2022 SC 358 : (2022) 3 SCC 230
Criminal Investigation
Criminal Investigation - Delay in recording Section 161 CrPC Statement -An inordinate and unexplained delay may be fatal to the prosecution's case but only to be considered by the Court, on the facts of each case. There may be adequate circumstances for not examining a witness at an appropriate time. However, non-examination of the witness despite being available may call for an explanation from the Investigating Officer. It only causes doubt in the mind of the Court, which is required to be cleared. Similarly, a statement recorded, as in the present case, the investigation report is expected to be sent to the jurisdictional Magistrate at the earliest. A long, unexplained delay, would give room for suspicion. (Para 28) Jafarudheen v. State of Kerala, 2022 LiveLaw (SC) 403: AIR 2022 SC 3627 : (2022) 8 SCC 440
Criminal Investigation - There cannot be two investigating agencies with respect to the same FIRs/complaints arising out of the same incident/occurrence with respect to different co-accused - Supreme Court transfers FIRs against Times Now Anchor Navika Kumar over Prophet remarks to Delhi - Transfer applicable to Future FIRs likely to be registered over the same telecast. Navika Kumar v. Union of India, 2022 LiveLaw (SC) 796 : AIR 2022 SC 4615
Criminal Investigation and Trial - In case of grave and serious non compoundable offences which impact society, the informant and/or complainant only has the right of hearing, to the extent of ensuring that justice is done by conviction and punishment of the offender. An informant has no right in law to withdraw the complaint of a non-compoundable offence of a grave, serious and/or heinous nature, which impacts society. (Para 39) Daxaben v. State of Gujarat, 2022 LiveLaw (SC) 642 : AIR 2022 SC 3530
Test Identification Parade
Criminal Investigation - Test Identification Parade - Threefold object of conducting TIP - Necessary to eliminate the possibility of the accused being shown to the witnesses before the test identification parade -TIP to be held without avoidable and unreasonable delay after the arrest of the accused - Healthy ratio between suspects and nonsuspects during a TIP - TIP is not just an empty formality. (Para 25 - 31) Gireesan Nair v. State of Kerala, 2022 LiveLaw (SC) 955
Criminal Investigation - Test Identification Parade - TIPs should normally be conducted at the earliest possible time to eliminate the chance of accused being shown to witnesses before the identification parade, which might otherwise affect such witnesses' memory - There is no hard and fast rule that delay or failure in holding the TIP ipso facto renders the evidence inadmissible or unacceptable; it however, affects the credibility and weight attached to such identification.(Para 100) Manoj v. State of Madhya Pradesh, 2022 LiveLaw (SC) 510 : 2022 (9) SCALE 67
Criminal Justice System
Criminal Justice System - The criminal justice system of ours can itself be a punishment - The present appeals were preferred assailing that order and interim stay was granted at the threshold. The trial of course naturally did not proceed in view of the stay by this Court. The matter has rested at that for the last thirteen years. V.P. Singh v. State of Punjab, 2022 LiveLaw (SC) 994
Criminal Law
Criminal Law - Appeal against Uttarakhand HC judgment convicting accused appellant under Sections 363, 366-B, 370(4) and 506 of the IPC, and under Section 8 of the POCSO Act- Dismissed - The offences alleged against the appellant were rightly invoked and fully substantiated. Sartaj Khan v. State of Uttarakhand, 2022 LiveLaw (SC) 321 : 2022 (5) SCALE 384
Criminal Trial
Criminal Trial - A mere chart giving description of offences, numbers and the sections of the offences and about the nature of offences cannot be taken into account at the stage of conviction - If the Prosecution wanted the Court to take note of the fact that there were other matters in which accused were involved, the concerned Chargesheets should have been produced on record along with sufficient details including the judgments or orders of conviction. A mere chart cannot be taken as proof of the involvement of the accused in other crimes either at the stage of conviction or sentence. (Para 32, 22) Venkatesh @ Chandra v. State of Karnataka, 2022 LiveLaw (SC) 387
Criminal Trial - Appeal against High Court judgment reversing conviction of accused in a murder case - Allowed - The contradictions, if any, are not material contradictions which can affect the case of the prosecution as a whole - Delay of seven hours in lodging FIR cannot be said to be fatal to the prosecution case - Conviction recorded by Trial Court restored. M. Nageswara Reddy v. State of Andhra Pradesh, 2022 LiveLaw (SC) 251 : (2022) 5 SCC 791
Criminal Trial - Appeal against High Court judgment upholding conviction of accused in a murder case - dismissed - The prosecution proved its case beyond reasonable doubt - The fact that the trial/appeal should have taken years and that other accused should have died during the appeal cannot be a ground for acquittal. Karan Singh v. State of Uttar Pradesh, 2022 LiveLaw (SC) 234 : (2022) 6 SCC 52
Criminal Trial - Being a relative of the deceased is no reason to discredit their version. (Para 19) Gurmail Singh v. State of Uttar Pradesh, 2022 LiveLaw (SC) 854 : AIR 2022 SC 5258
Criminal Trial - Being related to the victim, by itself, is no reason at all to discredit the testimony of a witness. (Para 34) Veerendra v. State of Madhya Pradesh, 2022 LiveLaw (SC) 480 : AIR 2022 SC 2396 : (2022) 8 SCC 668
Criminal Trial - Death sentence imposed on accused in case of rape and murder of 8 year old commuted to that of imprisonment for life with the stipulation that he shall not be entitled to premature release or remission before undergoing actual imprisonment for a period of 30 years - The present case cannot be considered as one falling in the category of 'rarest of rare cases'. Veerendra v. State of Madhya Pradesh, 2022 LiveLaw (SC) 480 : AIR 2022 SC 2396 : (2022) 8 SCC 668
Criminal Trial - Defective investigation by the investigating authorities by itself does vitiate the case of the prosecution when there are credible eye-witness testimonies as well as other compelling pieces of evidence. (Para 140) Ashok Kumar Chandel v. State of U.P., 2022 LiveLaw (SC) 915
Criminal Trial - Description of a witness as 'chance witness' cannot and will not by itself denude the admissibility or relevance of the evidence of such a witness if nothing was brought out to make his version suspicious and thereby unacceptable. (Para 37) Veerendra v. State of Madhya Pradesh, 2022 LiveLaw (SC) 480 : AIR 2022 SC 2396 : (2022) 8 SCC 668
Criminal Trial - Early conclusion of the trial would enhance the faith of people in justice delivery system. The trial must come to its logical end at the earliest. Gali Janardhan Reddy v. State of Andhra Pradesh, 2022 LiveLaw (SC) 829 : AIR 2022 SC 4879
Criminal Trial - Extrajudicial confession was a weak piece of evidence and unless there was some corroboration, the conviction solely on the basis of extrajudicial confession could not be sustained. (Para 10) State of Rajasthan v. Kistoora Ram, 2022 LiveLaw (SC) 663
Criminal Trial - Guidelines for recording evidence of vulnerable witnesses in criminal matters’ of the High Court of Delhi - The definition of “vulnerable witness” contained in Clause 3(a) expanded. (Para 5 (i)) Smruti Tukaram Badade v. State of Maharashtra, 2022 LiveLaw (SC) 80
Criminal Trial - Inquest report is not substantive evidence. The objective is to find out whether a person who has died under suspicious circumstances, what may be the apparent cause of his death. (Para 32) Pappu Tiwary v. State of Jharkhand, 2022 LiveLaw (SC) 107 : AIR 2022 SC 758
Criminal Trial - Long adjournments being given after the completion of the chief examination, only helps the defense to win them over at times, with the passage of time - The trial courts shall endeavor to complete the examination of the private witnesses both chief and cross on the same day as far as possible - The trial courts to take up the examination of the private witnesses first, before proceeding with that of the official witnesses. (Para 39) Rajesh Yadav v. State of U.P., 2022 LiveLaw (SC) 137 : 2022 (3) SCALE 135
Criminal Trial - Major difference in recording the number of injuries suffered by the deceased in the inquest report and the post-mortem report, not fatal to prosecution case. (Para 32) Pappu Tiwary v. State of Jharkhand, 2022 LiveLaw (SC) 107 : AIR 2022 SC 758
Criminal Trial - Medical evidence adduced by the prosecution has great corroborative value as it proves that the injuries could have been caused in the manner alleged - It is not merely a check upon testimony of eyewitnesses, it is also independent testimony, because it may establish certain facts, quite apart from the other oral evidence. (Para 18) Anuj Singh @ Ramanuj Singh @ Seth Singh v. State of Bihar, 2022 LiveLaw (SC) 402 : AIR 2022 SC 2817
Criminal Trial - Merely because the witnesses were the relatives of the deceased, their evidence cannot be discarded. (Para 10) M. Nageswara Reddy v. State of Andhra Pradesh, 2022 LiveLaw (SC) 251 : (2022) 5 SCC 791
Criminal Trial - Once the witness is in the witness box and is being cross examined every endeavour must be made to ensure that the cross examination is completed on that day. Neetu Tripathi v. State of Uttar Pradesh, 2022 LiveLaw (SC) 349
Criminal Trial - Oral testimony may be classified into three categories, namely: (1) Wholly reliable. (2) Wholly unreliable. (3) Neither wholly reliable nor wholly unreliable. In the first category of proof, the court should have no difficulty in coming to its conclusion either way — it may convict or may acquit on the testimony of a single witness, if it is found to be above reproach or suspicion of interestedness, incompetence or subornation. In the second category, the court equally has no difficulty in coming to its conclusion. It is in the third category of cases, that the court has to be circumspect and has to look for corroboration in material particulars by reliable testimony, direct or circumstantial. (Para 21-22) Khema @ Khem Chandra v. State of Uttar Pradesh, 2022 LiveLaw (SC) 689 : AIR 2022 SC 3765
Criminal Trial - Previous enmity is a double edged sword. On one hand, it provides motive to the crime and on the other, there is a possibility of false implication. (Para 20) Khema @ Khem Chandra v. State of Uttar Pradesh, 2022 LiveLaw (SC) 689 : AIR 2022 SC 3765
Criminal Trial - The approximate time of death before examination, as indicated in the post -mortem report, cannot be applied as something of mathematical precision. (Para 36) Pappu v. State of Uttar Pradesh, 2022 LiveLaw (SC) 144 : 2022 (3) SCALE 45
Criminal Trial - The court conducting the trial/appeal is not only obliged to protect the rights of the accused but also the rights of the victim, and the interest of the society at large. The Judge presiding over the criminal trial has not only to see that innocent man is not punished but has also to see that guilty man does not escape. Both are his public duties required to be discharged very diligently to maintain the public confidence and uphold the majesty of the law. (Para 35) Mohd Firoz v. State of Madhya Pradesh, 2022 LiveLaw (SC) 390 : AIR 2022 SC 1967 : (2022) 7 SCC 443
Criminal Trial - The court is not supposed to give undue importance to omissions, contradictions and discrepancies which do not go to the heart of the matter, and shake the basic version of the prosecution witness. Karan Singh v. State of Uttar Pradesh, 2022 LiveLaw (SC) 234 : (2022) 6 SCC 52
Criminal Trial - The Courts have to label as to which category a discrepancy can be categorized. The material discrepancies corrode the credibility of the prosecution's case while insignificant discrepancies do not do so. (Para 52) Md. Jabbar Ali v. State of Assam, 2022 LiveLaw (SC) 856 : AIR 2022 SC 5420
Criminal Trial - The evidence of the investigating officer is not indispensable. The evidence is required for corroboration and contradiction of the other material witnesses as he is the one who links and presents them before the court - Even assuming that the investigating officer has not deposed before the court or has not cooperated sufficiently, an accused is not entitled for acquittal solely on that basis, when there are other incriminating evidence available on record. (Para 25) Rajesh Yadav v. State of U.P., 2022 LiveLaw (SC) 137 : 2022 (3) SCALE 135
Criminal Trial - The evidence tendered by the related or interested witness cannot be discarded on that ground alone. However, as a rule of prudence, the Court may scrutinize the evidence of such related or interested witness more carefully. (Para 26) Surendran v. State of Kerala, 2022 LiveLaw (SC) 482 : AIR 2022 SC 2322
Criminal Trial - The omission of some of the prosecution witnesses to mention a particular fact, or corroborate something, which is deposed to by other witnesses, therefore, does not ipso facto favour an accused. What is important, however, is whether the omission to depose about a fact is so fundamental that the prosecution version becomes shaky and incredulous - unless it is shown that the omission to examine a witness, who had previously participated during the investigation and whose statement was recorded by the police, undermines the prosecution case, or impacts on it significantly, the foundation of the fact or facts which are sought to be proved, remains unshaken as long as that fact is deposed to or spoken about by other witnesses, whose testimonies are to be seen in their own terms. Therefore, the omission to examine the individuals left out, but who the prosecution claimed, had participated during the investigation, did not affect its case, as far as the circumstances held to have been established by it, are concerned. (Para 159-161) Manoj v. State of Madhya Pradesh, 2022 LiveLaw (SC) 510 : 2022 (9) SCALE 67
Criminal Trial - The prosecution is required to prove its case beyond reasonable doubt and not beyond all iota of doubt. (Para 46) Karan Singh v. State of Uttar Pradesh, 2022 LiveLaw (SC) 234 : (2022) 6 SCC 52
Criminal Trial - The recovery of the dead body, which was in a concealed condition from an unused and dilapidated building based on the disclosure statement of an accused is a crucial incriminating circumstance - Discovery of the body at the instance of the accused is a crucial circumstance, in a case resting on circumstantial evidence. (Para 41) Veerendra v. State of Madhya Pradesh, 2022 LiveLaw (SC) 480 : AIR 2022 SC 2396 : (2022) 8 SCC 668
Criminal Trial - The same treatment is required to be given to the defence witness(es) as is to be given to the prosecution witness(es). (Para 20) Mahendra Singh v. State of M.P., 2022 LiveLaw (SC) 543 : AIR 2022 SC 2631 : (2022) 7 SCC 157
Criminal Trial - The test which is applied of proving the case beyond reasonable doubt does not mean that the endeavour should be to nick pick and somehow find some excuse to obtain acquittal. (Para 36) Pappu Tiwary v. State of Jharkhand, 2022 LiveLaw (SC) 107 : AIR 2022 SC 758
Criminal Trial - The testimony of a witness in a criminal trial cannot be discarded merely because of minor contradictions or omissions - Only contradictions in material particulars and not minor contradictions can be a ground to discredit the testimony of the witnesses. (Para 17) Anuj Singh @ Ramanuj Singh @ Seth Singh v. State of Bihar, 2022 LiveLaw (SC) 402 : AIR 2022 SC 2817
Criminal Trial - The testimony of a witness in a criminal trial cannot be discarded merely because of minor contradictions or omission - Only contradictions in material particulars and not minor contradictions can be a ground to discredit the testimony of the witnesses. Mekala Sivaiah v. State of Andhra Pradesh, 2022 LiveLaw (SC) 604 : AIR 2022 SC 3378 : (2022) 8 SCC 253
Criminal Trial - There would be nothing wrong in relying on the testimony of police officers if their evidence is reliable, trustworthy, cogent and duly corroborated by other witnesses or admissible evidence. (Para 40) Veerendra v. State of Madhya Pradesh, 2022 LiveLaw (SC) 480 : AIR 2022 SC 2396 : (2022) 8 SCC 668
Criminal Trial - Unnecessarily weightage shall not be given to some minor contradictions - Deposition of injured eye witness has a greater reliability and credibility. (Para 12) M. Nageswara Reddy v. State of Andhra Pradesh, 2022 LiveLaw (SC) 251 : (2022) 5 SCC 791
Criminal Trial - When other circumstances are available non-detection of blood group by itself would not be fatal. (Para 44) Veerendra v. State of Madhya Pradesh, 2022 LiveLaw (SC) 480 : AIR 2022 SC 2396 : (2022) 8 SCC 668
Criminal Trial - When the witnesses are related/interested, their testimonies have to be scrutinized with greater care and circumspection. (Para 48) Md. Jabbar Ali v. State of Assam, 2022 LiveLaw (SC) 856 : AIR 2022 SC 5420
Criminal Trial - Where there are credible injured eye-witness testimonies, certain minor variations, such as non-recovery of blood-stained clothes, certain other weapons etc. will not be fatal to the case of the prosecution. (Para 164) Ashok Kumar Chandel v. State of U.P., 2022 LiveLaw (SC) 915
Criminal Trial - Witnesses are of three types, viz., (a) wholly reliable; (b) wholly unreliable; and (c) neither wholly reliable nor wholly unreliable. When the witness is "wholly reliable", the Court should not have any difficulty inasmuch as conviction or acquittal could be based on the testimony of such single witness. Equally, if the Court finds that the witness is "wholly unreliable", neither conviction nor acquittal can be based on the testimony of such a witness. It is only in the third category of witnesses that the Court has to be circumspect and has to look for corroboration in material particulars by reliable testimony, direct or circumstantial. Mahendra Singh v. State of M.P., 2022 LiveLaw (SC) 543 : AIR 2022 SC 2631 : (2022) 7 SCC 157
Alibi
Criminal Trial - Alibi - The burden on the accused is rather heavy and he is required to establish the plea of alibi with certitude- The plea of alibi in fact is required to be proved with certainty so as to completely exclude the possibility of the presence of the accused at the place of occurrence. (Para 16, 17) Pappu Tiwary v. State of Jharkhand, 2022 LiveLaw (SC) 107 : AIR 2022 SC 758
Circumstantial Evidence
Criminal Trial - Circumstantial Evidence - Circumstances on the basis of which the conclusion of guilt is to be drawn, must be fully established - Principles discussed. Venkatesh @ Chandra v. State of Karnataka, 2022 LiveLaw (SC) 387
Criminal Trial - Circumstantial Evidence - Court has to see whether the chain of circumstances is complete and unbroken and keep in mind five golden principles or the panchsheell. (Para 9) Chotkau v. State of Uttar Pradesh, 2022 LiveLaw (SC) 804 : AIR 2022 SC 4688
Criminal Trial - Circumstantial Evidence - In a case of circumstantial evidence, the Court has to scrutinize each and every circumstantial possibility, which is placed before it in the form of an evidence and the evidence must point towards only one conclusion, which is the guilt of the accused - A very heavy duty is cast upon the prosecution to prove its case, beyond reasonable doubt - Parameters under which the case of circumstantial evidence is to be evaluated. Referred to Hanumant Govind Nargundkar & Anr. v. State of Madhya Pradesh AIR 1952 SC 343. (Para 12) Munikrishna @ Krishna v. State by UIsoor PS, 2022 LiveLaw (SC) 812
Criminal Trial - Circumstantial Evidence - In a case of circumstantial evidence, the judgment remains essentially inferential. The inference is drawn from the established facts as the circumstances lead to particular inferences. The Court has to draw an inference with respect to whether the chain of circumstances is complete, and when the circumstances therein are collectively considered, the same must lead only to the irresistible conclusion that the accused alone is the perpetrator of the crime in question. All the circumstances so established must be of a conclusive nature, and consistent only with the hypothesis of the guilt of the accused. (Para 47 - 49) Subramanya v. State of Karnataka, 2022 LiveLaw (SC) 887 : AIR 2022 SC 5110
Criminal Trial - Circumstantial Evidence - Principles applicable to appreciation of evidence in cases involving circumstantial evidence discussed. [Referred to Sharad Birdi Chand Sarda v. State of Maharashtra (1984) 4 SCC 116 et al.] (149-151) Manoj v. State of Madhya Pradesh, 2022 LiveLaw (SC) 510 : 2022 (9) SCALE 67
Criminal Trial - Circumstantial Evidence - Suspicion, howsoever strong, cannot substitute proof beyond reasonable doubt - There is not only a grammatical but also a legal distinction between 'may' and 'must'. For proving a case based on circumstantial evidence, it is necessary for the prosecution to establish each and every circumstance beyond reasonable doubt, and further, that the circumstances so proved must form a complete chain of evidence so as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show, in all human probability, that the act has been done by the accused - The facts so established must exclude every hypothesis except the guilt of the accused. Ram Pratap v. State of Haryana, 2022 LiveLaw (SC) 1025
Criminal Trial - Circumstantial Evidence - The chain of evidence has to be so complete so as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused - The circumstances should be of a conclusive nature and tendency and should exclude every possible hypothesis except the one to be proved - The accused 'must be' and not merely 'may be' guilty before a Court can convict - Suspicion, however strong it may be, cannot take the place of proof beyond reasonable doubt. An accused cannot be convicted on the ground of suspicion, no matter how strong it is. An accused is presumed to be innocent unless proved guilty beyond a reasonable doubt. (Para 18-20) Ram Niwas v. State of Haryana, 2022 LiveLaw (SC) 670 : AIR 2022 SC 3748
Criminal Trial - Circumstantial Evidence - The circumstances concerned "must or should be" established and not "may be" established - The accused "must be" and not merely "may be" guilty before a court can convict him. The conclusions of guilt arrived at must be sure conclusions and must not be based on vague conjectures. The entire chain of circumstances on which the conclusion of guilt is to be drawn, should be fully established and should not leave any reasonable ground for the conclusion consistent with the innocence of the accused. Chandrapal v. State of Chhattisgarh, 2022 LiveLaw (SC) 529 : AIR 2022 SC 2542
Criminal Trial - Circumstantial Evidence - The conviction can be based solely on circumstantial evidence but it should be tested on the touchstone of law relating to the circumstantial evidence that all circumstances must lead to the conclusion that the accused is the only one who has committed the crime and none else - Circumstances howsoever strong cannot take place of proof and that the guilt of the accused have to be proved by the prosecution beyond reasonable doubt. (Para 11, 14) Satye Singh v. State of Uttarakhand, 2022 LiveLaw (SC) 169 : (2022) 5 SCC 438
Criminal Trial - Circumstantial Evidence - The five golden principles laid down in the case of Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116 (Para 6) S. Kaleeswaran v. State, 2022 LiveLaw (SC) 903 : AIR 2022 SC 5535
Criminal Trial - Circumstantial Evidence - Where a case rests squarely on circumstantial evidence, the inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused. The circumstances from which an inference as to the guilt of the accused is drawn have to be proved beyond reasonable doubt and have to be shown to be closely connected with the principal fact sought to be inferred from those circumstances. (Para 10) Ravinder Singh @ Kaku v. State of Punjab, 2022 LiveLaw (SC) 461 : AIR 2022 SC 2726 : (2022) 7 SCC 581
DNA Reports
Criminal Trial - DNA Reports - The need to ensure quality in the testing and eliminate the possibility of contamination of evidence - Being an opinion, the probative value of such evidence has to vary from case to case - This court has relied on DNA reports, in the past, where the guilt of an accused was sought to be established. Notably, the reliance was to corroborate. (Para 121) Manoj v. State of Madhya Pradesh, 2022 LiveLaw (SC) 510 : 2022 (9) SCALE 67
Draft Criminal Rules of Practice, 2021
Criminal Trial - Draft Criminal Rules of Practice, 2021 - The prosecution, in the interests of fairness, should as a matter of rule, in all criminal trials, furnish the list of statements, documents, material objects and exhibits which are not relied upon by the investigating officer. The presiding officers of courts in criminal trials shall ensure compliance with such rules. (Para 179) Manoj v. State of Madhya Pradesh, 2022 LiveLaw (SC) 510 : 2022 (9) SCALE 67
Criminal Trial - Draft Rules of Criminal Practice 2021; Rule 4 - That some High Courts or governments of the States/ Union Territories have failed to comply with this court's order and are delayed in adopting the Draft Rules or amending the concerned police/practice manuals, cannot prejudice the right of an accused to receive this list of the statements, documents, material, etc. in the possession of the prosecution - To say that the judgment in Manoj vs State of Madhya Pradesh | 2022 LiveLaw (SC) 510 in relation to this, and the right of the accused to receive the said list of documents, material, etc. would only apply after the draft rules are adopted – would lead to an anomalous situation where the right of the accused in one state, prejudicially differs from that afforded to an accused, in another. P. Ponnusamy v. State of Tamil Nadu, 2022 LiveLaw (SC) 923
Extra judicial confession
Criminal Trial - Extra judicial confession - A weak type of evidence and requires appreciation with great deal of care and caution. Where an extra judicial confession is surrounded by suspicious circumstances, its credibility becomes doubtful and it loses its importance like the case in hand. The Courts generally look for an independent reliable corroboration before placing any reliance upon an extra judicial confession. (Para 85) Ramanand @ Nandlal Bharti v. State of Uttar Pradesh, 2022 LiveLaw (SC) 843 : AIR 2022 SC 5273
Criminal Trial - Extra judicial confession - A weak type of evidence and requires appreciation with great deal of care and caution. Where an extra judicial confession is surrounded by suspicious circumstances, its credibility becomes doubtful and it loses its importance like the case in hand. The Courts generally look for an independent reliable corroboration before placing any reliance upon an extra judicial confession - Admissibility and evidentiary value of extra judicial confession. (Para 54 - 58) Subramanya v. State of Karnataka, 2022 LiveLaw (SC) 887 : AIR 2022 SC 5110
Criminal Trial - Extra Judicial Confession - When the extra judicial confession is not duly proved, or does not inspire confidence or is not corroborated by any other reliable evidence, the conviction could not be based solely on such weak piece of evidence. (Para 8) S. Kaleeswaran v. State, 2022 LiveLaw (SC) 903 : AIR 2022 SC 5535
Criminal Trial - Extra Judicial Confession - When there is a case hanging on an extrajudicial confession, corroborated only by circumstantial evidence, then the courts must treat the same with utmost caution. (Para 15) Ram Niwas v. State of Haryana, 2022 LiveLaw (SC) 670 : AIR 2022 SC 3748
Eye Witness
Criminal Trial - Eye Witness - The evidence of eye -witness cannot be discarded only for the reason that he allegedly did not raise any alarm or did not try to intervene when the deceased was being ferociously assaulted and stabbed. Suresh Yadav @ Guddu v. State of Chhattisgarh, 2022 LiveLaw (SC) 217 : 2022 (4) SCALE 260
Factors responsible for witnesses turning hostile
Criminal Trial - Factors responsible for witnesses turning hostile - Referred to Ramesh v. State of Haryana (2017) 1 SCC 529 - Witnesses who know the deceased victim may turn hostile because they wish to move on with their lives. Testifying as to the circumstances surrounding the rape and death of a loved one can be a deeply traumatizing event, which is only compounded by the slow pace of the criminal justice system. (Para 53-54) State of Jharkhand v. Shailendra Kumar Rai @ Pandav Rai, 2022 LiveLaw (SC) 890 : AIR 2022 SC 5393
Criminal Trial - Last seen theory – discussed. (Para 32-32.5) Veerendra v. State of Madhya Pradesh, 2022 LiveLaw (SC) 480 : AIR 2022 SC 2396 : (2022) 8 SCC 668
False Explanation
Criminal Trial - Circumstantial Evidence - False Explanation - Before a false explanation can be used as an additional link, the following essential conditions must be satisfied: (i) Various links in the chain of evidence led by the prosecution have been satisfactorily proved. (ii) Such circumstances points to the guilt of the accused as reasonable defence. (iii) The circumstance is in proximity to the time and situation - If the aforesaid conditions are fulfilled only then a Court use a false explanation or a false defence as an additional link to lend as assurance to the Court and not otherwise - Prosecution must stand or fall on its own legs and it cannot derive any strength from the weakness of the defence. Where various links in a chain are in themselves complete, then a false plea or a false defence may be called into aid only to lend assurance to the Court. (Para 96-98) Ramanand @ Nandlal Bharti v. State of Uttar Pradesh, 2022 LiveLaw (SC) 843 : AIR 2022 SC 5273
Last Seen Together Theory
Criminal Trial - Last Seen Together Theory - In absence of any other links in the chain of circumstantial evidence, the accused cannot be convicted solely on the basis of "Last seen together", even if version of the prosecution witness in this regard is believed. (Para 14-17) Chandrapal v. State of Chhattisgarh, 2022 LiveLaw (SC) 529 : AIR 2022 SC 2542
Criminal Trial - Last Seen Together Theory - The failure of the accused, in a case based on circumstantial evidence which included "last seen together theory", to explain under Section 313 Cr.PC as to under what circumstances the victim suffered death, would also not be a ground to arrive at an irresistible conclusion that the accused were involved in the commission of the alleged crime - If there is considerable time gap between the persons seeing together and the proximate time of the crime, the circumstances of last seen together, even if proved cannot clinchingly fasten the guilt of the accused. (Para 11-12) S. Kaleeswaran v. State, 2022 LiveLaw (SC) 903 : AIR 2022 SC 5535
Motive
Criminal Trial - Circumstantial Evidence - Motive - Absence of motive in a case of circumstantial evidence weighs in favour of the accused - motive not relevant in a case of direct evidence. Nandu Singh v. State of Madhya Pradesh, 2022 LiveLaw (SC) 229 : 2022 (5) SCALE 329
Criminal Trial - Circumstantial Evidence - Motive - absence of motive in a case of circumstantial evidence weighs in favour of the accused - motive not relevant in a case of direct evidence. Nandu Singh v. State of Madhya Pradesh, 2022 LiveLaw (SC) 229 : 2022 (5) SCALE 329
Criminal Trial - Circumstantial Evidence - Motive - In a case based on circumstantial evidence, motive for committing the crime on the part of the accused assumes greater importance - Motive for commission of offence no doubt assumes greater importance in cases resting on circumstantial evidence than those in which direct evidence regarding commission of offence is available - Failure to prove motive in cases resting on circumstantial evidence is not fatal by itself. - Absence of motive could be a missing link of incriminating circumstances, but once the prosecution has established the other incriminating circumstances to its entirety, absence of motive will not give any benefit to the accused. (Para 87) Ramanand @ Nandlal Bharti v. State of Uttar Pradesh, 2022 LiveLaw (SC) 843 : AIR 2022 SC 5273
Criminal Trial - Motive - Only because the motive is established, the conviction cannot be sustained. (Para 23) Mahendra Singh v. State of M.P., 2022 LiveLaw (SC) 543 : AIR 2022 SC 2631 : (2022) 7 SCC 157
Criminal Trial - Motive - Sufficiency or insufficiency of motive does not have a direct bearing on the actual evidence against the accused, particularly when the prosecution relies on direct evidence of injured eyewitnesse. (Para 82-85) Ashok Kumar Chandel v. State of U.P., 2022 LiveLaw (SC) 915
Criminal Trial - Motive - Though in a case of direct evidence, motive would not be relevant, in a case of circumstantial evidence, motive plays an important link to complete the chain of circumstances. (Para 14) S. Kaleeswaran v. State, 2022 LiveLaw (SC) 903 : AIR 2022 SC 5535
Murder
Criminal Trial - Murder - Where, however, the only evidence against an accused person is the recovery of stolen property and although the circumstances may indicate that the theft and the murder must have been committed at the same time, it is not safe to draw the inference that the person in possession of the stolen property was the murdered. Suspicion cannot take the place of proof. Tulesh Kumar Sahu v. State of Chattisgarh, 2022 LiveLaw (SC) 228
Criminal Trial - Murder - Where, however, the only evidence against an accused person is the recovery of stolen property and although the circumstances may indicate that the theft and the murder must have been committed at the same time, it is not safe to draw the inference that the person in possession of the stolen property was the murdered. Suspicion cannot take the place of proof. Tulesh Kumar Sahu v. State of Chattisgarh, 2022 LiveLaw (SC) 228
Non explanation of the injuries
Criminal Trial - Circumstantial Evidence - Non explanation of the injuries - Any non explanation of the injuries on the accused by the prosecution may affect the prosecution case. But such a non explanation may assume greater importance where the defence gives a version which competes in probability with that of the prosecution. But where the evidence is clear, cogent and creditworthy and where the court can distinguish the truth from falsehood, the mere fact that the injuries are not explained by the prosecution cannot itself be a sole basis to reject such evidence, and consequently the whole case. (Para 115) Ramanand @ Nandlal Bharti v. State of Uttar Pradesh, 2022 LiveLaw (SC) 843 : AIR 2022 SC 5273
Presumption of Innocence
Criminal Trial - Presumption of Innocence - Onus on the prosecution to prove the guilt before the Court -The agency to satisfy the Court that the arrest made was warranted and enlargement on bail is to be denied - Presumption of innocence, being a facet of Article 21, shall inure to the benefit of the accused. (Para 13-18) Satender Kumar Antil v. Central Bureau of Investigation, 2022 LiveLaw (SC) 577 : AIR 2022 SC 3386 : (2022) 10 SCC 51
Post Mortem Report
Criminal Trial - Post Mortem Report - The post mortem report of the doctor is his previous statement based on his examination of the dead body. It is not substantive evidence. The doctor's statement in court is alone the substantive evidence - It can be used only to corroborate his statement under Section 157, or to refresh his memory under Section 159, or to contradict his statement in the witness box under Section 145 of the Evidence Act, 1872. (Para 29) Ghulam Hassan Beigh v. Mohammad Maqbool Magrey, 2022 LiveLaw (SC) 631 : AIR 2022 SC 5454
Principles to be followed
Criminal Trial - Circumstantial Evidence - Principles to be followed - 1. Circumstances from which an inference of guilt is sought to be drawn must be cogently and firmly established; 2. Those circumstances must be of a definite tendency unerringly pointing towards guilt of the accused and must be conclusive in nature; 3. The circumstances, if taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else; and 4. The circumstantial evidence in order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused but should be inconsistent with his innocence. In other words, the circumstances should exclude every possible hypothesis except the one to be proved. (Para 46) Ramanand @ Nandlal Bharti v. State of Uttar Pradesh, 2022 LiveLaw (SC) 843 : AIR 2022 SC 5273
Related Witness
Criminal Trial - Related Witness - A close relative cannot automatically be characterized as an "interested" witness. However, even related witness statements need to be scrutinized more carefully. (Para 10) Jai Prakash Tiwari v. State of Madhya Pradesh, 2022 LiveLaw (SC) 658 : AIR 2022 SC 3601
Sanction
Criminal Trial - Sanction - The validity of sanction could always be determined by the Trial Court during the course of trial where sanctioning authority could be examined and the appellant will have sufficient opportunity to contest the same, including that of cross-examining the sanctioning authority. (Para 18.2) Abhishek v. State of Maharashtra, 2022 LiveLaw (SC) 516 : AIR 2022 SC 2488 : (2022) 8 SCC 282
Sentencing
Criminal Trial - Sentencing - 1988 Road Rage Case - Sentence awarded to Navjot Singh Sidhu enhanced to one year imprisonment - When a 25 year old man, who was an international cricketer, assaults a man more than twice his age and inflicts, even with his bare hands, a severe blow on his (victim’s) head, the unintended consequence of harm would still be properly attributable to him as it was reasonably foreseeable - The indulgence was not required to be shown at the stage of sentence by only imposing a sentence of fine and letting him go without any imposition of sentence. Jaswinder Singh v. Navjot Singh Sidhu, 2022 LiveLaw (SC) 498 : AIR 2022 SC 2441 : (2022) 7 SCC 628
Criminal Trial - Sentencing - Accused's involvement in other crimes may be a relevant factor provided the concerned material in the form of concluded judgments in the other matters are brought on record in a manner known to law. The established involvement in other matters would then certainly be relevant while dealing with the question whether the concerned accused is required to be dealt with sternly or leniently. (Para 23) Venkatesh @ Chandra v. State of Karnataka, 2022 LiveLaw (SC) 387
Criminal Trial - Sentencing - Appellant convicted under Section 376, 363, 366, 307, 354 and sentenced to life imprisonment sought modification of sentence- Sentenced to a term of 15 years' imprisonment - Appellant has undergone actual imprisonment for a period of 11 years as on date - The ends of justice would be met by directing that instead and in place of the sentence of life imprisonment which has been imposed for the conviction under Section 376, the appellant shall stand sentenced to a term of 15 years' imprisonment. Vipul Rasikbhai Koli Jankher v. State of Gujarat, 2022 LiveLaw (SC) 288
Criminal Trial - Sentencing - Gravity of crime is the prime consideration for deciding what should be the appropriate punishment - It is always the duty of the Court to balance aggravating circumstances and mitigating circumstances at the time of imposing sentence - If undue sympathy is shown by reducing the sentence to the minimum, it may adversely affect the faith of people in efficacy of law - The judicial discretion is always guided by various considerations such as seriousness of the crime, the circumstances in which crime was committed and the antecedents of the accused. (Para 12-13) Sahebrao Arjun Hon v. Raosaheb Kashinath Hon, 2022 LiveLaw (SC) 745
Criminal Trial - Sentencing - In determining the quantum of sentence, the Court must bear in mind the circumstances pertaining to the offence and all other relevant circumstances including the age of the offender - The principles of restorative justice find place within the Indian Constitution and severity of sentence is not the only determinant for doing justice to the victims. (Para 7, 8) Vipul Rasikbhai Koli Jankher v. State of Gujarat, 2022 LiveLaw (SC) 288
Criminal Trial - Sentencing - Necessity of maintaining a reasonable proportion between the seriousness of the crime and the punishment - While a disproportionately severe sentence ought not to be passed, simultaneously it also does not clothe the law courts to award a sentence which would be manifestly inadequate, having due regard to the nature of the offence, since an inadequate sentence would fail to produce a deterrent effect on the society at large - A long period had lapsed by the time the appeal was decided cannot be a ground to award the punishment which was disproportionate and inadequate. (Para 25 -32) Jaswinder Singh v. Navjot Singh Sidhu, 2022 LiveLaw (SC) 498 : AIR 2022 SC 2441 : (2022) 7 SCC 628
Criminal Trial - Sentencing - Public opinion neither an objective circumstance relating to crime, nor the criminal, and the courts must exercise judicial restraint and play a balancing role. (Para 227) Manoj v. State of Madhya Pradesh, 2022 LiveLaw (SC) 510 : 2022 (9) SCALE 67
Criminal Trial - Sentencing - Restorative Justice - To give opportunity to the offender to repair the damage caused, and to become a socially useful individual, when he is released from the jail - The maximum punishment prescribed may not always be the determinative factor for repairing the crippled psyche of the offender. (Para 43) Mohd Firoz v. State of Madhya Pradesh, 2022 LiveLaw (SC) 390 : AIR 2022 SC 1967 : (2022) 7 SCC 443
Skull Superimposition Technique
Criminal Trial - Skull Superimposition Technique - Though identification of the deceased through superimposition is an acceptable piece of opinion evidence, however the courts generally do not rely upon opinion evidence as the sole incriminating circumstances, given its fallibility, and the superimposition technique cannot be regarded as infallible - When the super-imposition report is not supported by any other reliable medical evidence like a DNA report or post-mortem report, it would be very risky to convict the accused believing the identification of the dead body of the victim through the super-imposition test - When as per the case of prosecution, the dead body of the victim was discovered from the place shown by the accused, it is imperative on the part of the prosecution to prove that the dead body or the skeleton found at the instance of the accused was that of the victim and of none else. (Para 13) S. Kaleeswaran v. State, 2022 LiveLaw (SC) 903 : AIR 2022 SC 5535
Test Identification Parade
Criminal Trial - Test Identification Parade - When no TIP was conducted the first version of the complainant reflected in the FIR would play an important role - It is required to be considered whether in the FIR and/or in the first version the eye witness either disclosed the identity and/or description of the accused on the basis of which he can recollect at the time of deposition and identify the accused for the first time in the Court Room - It would not be safe and/or prudent to convict the accused solely on the basis of their identification for the first time in the Court. (Para 6.2 - 6.7) Amrik Singh v. State of Punjab, 2022 LiveLaw (SC) 582 : (2022) 9 SCC 402
Criminal Trial - Test Identification Parade (TIP) - If identification in the TIP has taken place after the accused is shown to the witnesses, then not only is the evidence of TIP inadmissible, even an identification in a court during trial is meaningless. (Para 29) Gireesan Nair v. State of Kerala, 2022 LiveLaw (SC) 955
Vulnerable Witnesses
Criminal Trial - Vulnerable Witnesses - The fairness of the process of trial as well as the pursuit of substantive justice are determined in a significant measure by the manner in which statements of vulnerable witnesses are recorded - Creation of a barrier free environment where depositions can be recorded freely without constraining limitations, both physical and emotional - Directions issued. (Para 3-5) Smruti Tukaram Badade v. State of Maharashtra, 2022 LiveLaw (SC) 80
CRZ violations
CRZ violations - Maradu Flats Demolition - The owners of the flats in the four buildings in Maradu, Kochi, which were demolished in 2020 for CRZ violations, are not entitled to interest on the refund payable to them by the builders. Kerala Coastal Zone Management Authority v. Maradu Municipality, 2022 LiveLaw (SC) 485 : AIR 2022 SC 2377 : (2022) 8 SCC 240
Customary Law
Customary Law - Mizo Customary Law - Inheritance - Inheritance depends upon the responsibility carried out by a legal heir to look after the elders in the family - It depends upon the question as to whether a person supports the deceased in his old age or not - Even if a natural heir does not support his parents, he would not be entitled to inheritance - Even if there is a natural heir, a person who supports the person until his death could inherit the properties of that person. Kaithuami v. Ralliani, 2022 LiveLaw (SC) 412 : AIR 2022 SC 2824
Customs Act, 1962
Section 129E - Deposit of certain percentage of duty demanded or penalty imposed before filing appeal
Customs Act, 1962; Section 129E - High Court which upheld the order passed by CESTAT finding that the appellant has not made pre-deposit - Dismissed - Rejected the contention of appellant that in view of the fact that the act relates to the year 2013, he must be governed by Section 129E prior to the substitution - When the appellant is not being called upon to pay the full amount but is only asked to pay the amount which is fixed under the substituted provision, we do not find any merit in the contention of the appellant. Chandra Sekhar Jha v. Union of India, 2022 LiveLaw (SC) 256
Customs Act, 1962; Section 129E - Under the new regime, the amount to be deposited to maintain the appeal has been reduced from 100% to 7.5% - The discretion which was made available to the appellate body to scale down the pre-deposit has been taken away - In regard to stay applications and appeals which were pending before any Appellate Authority prior to commencement of The Finance (No.2) Act 2014, Section 129E as substituted would not apply. (Para 8) Chandra Sekhar Jha v. Union of India, 2022 LiveLaw (SC) 256
Sections 87 - Imported stores may be consumed on board a foreign-going vessel or aircraft
Customs Act, 1962; Sections 87, 130(2), 130E(b) - Dispute concerning an exemption cannot be equated with a dispute in relation to the rate of duty - Whether the assessee is entitled to exemption as claimed or not, such an issue cannot be said to be an issue relating, amongst other things, to the determination of any question having relation to the rate of duty. (Para 4) Asean Cableship Pte. Ltd. v. Commissioner of Customs, 2022 LiveLaw (SC) 293 : 2022 (5) SCALE 234
Section 130 - Appeal to High Court & Supreme Court
Customs Act, 1962; Sections 87, 130(2), 130E(b) - SLP against High Court order which rejected preliminary objection to the appeal filed by Revenue holding that the principal question in the present case is, not in relation to the rate of duty but determining whether, vessel AE, is a foreign going vessel or not and if the vessel AE is a foreign going vessel, whether Section 87 of the Act would be applicable or not - Dismissed - With respect to such an issue, against the order passed by the CESTAT, the appeal would be maintainable before the High Court under Section 130 of the Act. Asean Cableship Pte. Ltd. v. Commissioner of Customs, 2022 LiveLaw (SC) 293 : 2022 (5) SCALE 234
D
Dam Safety Act, 2021
Dam Safety Act, 2021 - Mullaperiyar Dam Dispute between Kerala and Tamil Nadu - Supreme Court reconstitutes Supervisory Committee- Confers it powers of the National Dam Safefy Authority under the Dam Safety Act - Chief Secretaries of States liable for vioaltion of committee directions- The reconstituted Supervisory Committee will decide all outstanding matters related to Mullaperiyar Dam's safety and conduct a safety review afresh- the Supervisory Committee, in terms of this order, is deemed to be discharging all the functions and powers of the NDSA until a regular NDSA becomes functional under the 2021 Act and more so, orders of this Court in that regard. Dr. Joe Joseph v. State of Tamil Nadu, 2022 LiveLaw (SC) 356 : (2022) 6 SCC 384
Dam Safety Act, 2021 - We express a sanguine hope that the competent authority may take appropriate steps to ensure that the regular NDSA under the 2021 Act is established at the earliest, as it cannot brook delay. Dr. Joe Joseph v. State of Tamil Nadu, 2022 LiveLaw (SC) 356 : (2022) 6 SCC 384
Death Penalty
Death Penalty - Asessment as regards conduct of the accused, if made before the final submissions are advanced, will go a long way in rendering assistance- Court passed directions so that psychological evaluation of the concerned convict can be ascertained. Prakash Vishwanath Darandale v. State of Maharashtra, 2022 LiveLaw (SC) 876
Death Penalty - In all cases where imposition of capital punishment is a choice of sentence, aggravating circumstances would always be on record, and would be part of the prosecution's evidence, leading to conviction, whereas the accused can scarcely be expected to place mitigating circumstances on the record, for the reason that the stage for doing so is after conviction. This places the convict at a hopeless disadvantage, tilting the scales heavily against him. This court is of the opinion that it is necessary to have clarity in the matter to ensure a uniform approach on the question of granting real and meaningful opportunity, as opposed to a formal hearing, to the accused/convict, on the issue of sentence. Consequently, this court is of the view that a reference to a larger bench of five Hon'ble Judges is necessary for this purpose. Let this matter be placed before the Hon'ble Chief Justice of India for appropriate orders in this regard. In Re: Framing Guidelines regarding Potential Mitigating Circumstances to be considered while imposing Death Sentences, 2022 LiveLaw (SC) 777
Death Penalty - Is Same day sentencing proper? Supreme Court refers issue to 5-judge bench in view of conflicting judgments. In Re: Framing Guidelines regarding Potential Mitigating Circumstances to be considered while imposing Death Sentences, 2022 LiveLaw (SC) 777
Death Penalty - It may be true that if the accused involved in the heinous crime go unpunished or are acquitted, a kind of agony and frustration may be caused to the society in general and to the family of the victim in particular, however the law does not permit the Courts to punish the accused on the basis of moral conviction or on suspicion alone. No conviction should be based merely on the apprehension of indictment or condemnation over the decision rendered. Every case has to be decided by the Courts strictly on merits and in accordance with law without being influenced by any kind of outside moral pressures. Rahul v. State of Delhi Ministry of Home Affairs, 2022 LiveLaw (SC) 926
Death Penalty - Supreme Court acquits three persons who were sentenced to death by the trial court and the High Court for rape and murder of a 19-year old girl- Supreme Court notes lapses in investigation and trial - No Test Identification of accused done- Accused no identified during trial by witnesses- many witnesses no cross-examined- recoveries not proved. [Paras 32-34] Rahul v. State of Delhi Ministry of Home Affairs, 2022 LiveLaw (SC) 926
Death Sentence
Death Sentence - Appeal against Madhya Pradesh HC judgment which confirmed Death Sentence of man accused of rape and murder of 4 year old girl - Conviction upheld - Death sentence commuted to life imprisonment - Imposed the sentence of imprisonment for a period of twenty years instead of imprisonment for the remainder of his natural life for the offence under section 376A, IPC. Mohd Firoz v. State of Madhya Pradesh, 2022 LiveLaw (SC) 390 : AIR 2022 SC 1967 : (2022) 7 SCC 443
Death Sentence - Appellants' conviction under Section 302 IPC upheld but death sentence commuted to life imprisonment for a minimum term of 25 years. Manoj v. State of Madhya Pradesh, 2022 LiveLaw (SC) 510 : 2022 (9) SCALE 67
Death Sentence - Death sentence being awarded and maintained only in extreme cases, does not mean that the matter would be approached and examined in the manner that death sentence has be avoided, even if the matter indeed calls for such a punishment - The pursuit in collecting mitigating circumstances could also not be taken up with any notion or idea that somehow, some factor be found; or if not found, be deduced anyhow so that the sentence of death be forsaken - It has never been the effort of the Courts to somehow make this punishment (sentence of death) redundant and non-existent for all practical purposes. (Para 54) Manoj Pratap Singh v. State of Rajasthan, 2022 LiveLaw (SC) 557 : (2022) 9 SCC 81
Death Sentence - Death sentenced imposed on man for rape and murder of 8 year old mentally and physically challenged girl upheld- The crime had been of extreme depravity, which shocks the conscience, particularly looking to the target (a seven-and-a-half-year old mentally and physically challenged girl) and then, looking to the manner of committing murder, where the hapless victim's head was literally smashed, resulting in multiple injuries including fracture of frontal bone - No probability of reformation and has criminal antecedents and also involved in crimes in jail post-conviction - There is absolutely no reason to commute the sentence of death to any other sentence of lesser degree. (Para 58) Manoj Pratap Singh v. State of Rajasthan, 2022 LiveLaw (SC) 557 : (2022) 9 SCC 81
Death Sentence - Effect of delay in execution of death sentence due to pendency of Mercy Petition discussed. (Para 12-17) B.A. Umesh v. Union of India, 2022 LiveLaw (SC) 907
Death Sentence - Practical guidelines issued to collect mitigating circumstances of the accused at the trial stage- The trial court must elicit information from the accused and the state -The state, must - for an offence carrying capital punishment - at the appropriate stage, produce material which is preferably collected beforehand, before the Sessions Court disclosing psychiatric and psychological evaluation of the accused - State, must in a time-bound manner, collect additional information pertaining to the accused - Information regarding the accused's jail conduct and behaviour, work done (if any), activities the accused has involved themselves in, and other related details should be called for in the form of a report from the relevant jail authorities. (Para 213-217) Manoj v. State of Madhya Pradesh, 2022 LiveLaw (SC) 510 : 2022 (9) SCALE 67
Death Sentence - Rarest of Rare doctrine discussed. (Para 41-42) Mohd Firoz v. State of Madhya Pradesh, 2022 LiveLaw (SC) 390 : AIR 2022 SC 1967 : (2022) 7 SCC 443
Death Sentence - There cannot be any universal formula for calling for a psychological evaluation report to determine whether the accused could be reformed or rehabilitated. (Para 56.1) Manoj Pratap Singh v. State of Rajasthan, 2022 LiveLaw (SC) 557 : (2022) 9 SCC 81
Death Sentence - When there is challenge to the unity, integrity and sovereignty of India by acts of terrorism, such acts are taken as the most aggravating circumstances - The cumulative effect of the aggravating factors and the mitigating circumstances must be taken into account before the death sentence is awarded. (Para 29-30) Mohd. Arif @ Ashfaq v. State (NCT Of Delhi), 2022 LiveLaw (SC) 902
Solitary Confinement
Death Sentence - Solitary Confinement - Accused sentenced to death for rape and murder of a housewife - The incarceration in solitary confinement and segregation from 2006 to 2013 was without the sanction of law and completely opposed to the principles laid down by this Court in Sunil Batra vs. Delhi Administration & Ors (1978) 4 SCC 494 - The incarceration in solitary confinement thus did show ill effects on the well-being - He is entitled to have the death sentence imposed upon him to be commuted to death sentence to life - He shall undergo minimum sentence of 30 years and if any application for remission is moved on his behalf, the same shall be considered on its own merits only after he has undergone actual sentence of 30 years - If no remission is granted, the sentence of imprisonment for life shall mean till the remainder of his life. B.A. Umesh v. Union of India, 2022 LiveLaw (SC) 907
Theory of Residual Doubt
Death Sentence -The theory of residual doubt - After the final conclusion on the guilt and after pronouncing conviction, no concept of residual doubt as such is available for the purpose of sentencing. (Para 48 - 49) Manoj Pratap Singh v. State of Rajasthan, 2022 LiveLaw (SC) 557 : (2022) 9 SCC 81
Delegated Legislation
Delegated Legislation - Delegated legislation must be in conformity with the enactment of the legislature which authorises its making. A rule cannot rise above the source of power. (Para 12) Talli Gram Panchayat v. Union of India, 2022 LiveLaw (SC) 614
Delegated Legislation - Delegated legislation should not travel beyond the purview of the parent Act. If it does, it is ultra vires and cannot be given any effect -Rules or regulation cannot be made to supplant the provisions of the enabling Act but to supplement it. What is permitted is the delegation of ancillary or subordinating legislative functions, or, what is fictionally called, a power to fill up details - Fine distinction between a rule and regulation and also the power of the delegate authority to frame such rules or regulation - (Para 64-81) Kerala State Electricity Board v. Thomas Joseph @ Thomas M.J., 2022 LiveLaw (SC) 1034
Dental Council of India
Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Course of Studies or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006; Regulation 6(2)(h) - Amended Regulation 6(2)(h) has a direct nexus with the object to be achieved, i.e., providing adequate teaching and training facilities to the students - It is made in order to ensure the maintenance of proper academic standards and infrastructure. (Para 33, 41) Dental Council of India v. Biyani Shikshan Samiti, 2022 LiveLaw (SC) 366 : AIR 2022 SC 1799 : (2022) 6 SCC 65
Dentists Act, 1948
Dentists Act, 1948 - Appeal against Rajasthan HC judgment which struck down notification amending Regulation 6(2)(h) of the Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Course of Studies or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006 - Allowed. Dental Council of India v. Biyani Shikshan Samiti, 2022 LiveLaw (SC) 366 : AIR 2022 SC 1799 : (2022) 6 SCC 65
Section 10A - Permission for establishment of new dental college, new courses of study, etc.
Dentists Act, 1948; Section 10A - It is within the competence of the Council to make Regulations prescribing any other conditions, which are otherwise not found in clauses (a) to (f) of subsection (7) of Section 10A of the Act. (Para 29-30) Dental Council of India v. Biyani Shikshan Samiti, 2022 LiveLaw (SC) 366 : AIR 2022 SC 1799 : (2022) 6 SCC 65
Depositories Act, 1996
Depositories Act, 1996 - Exercise of right on the part of the pawnee and consequent action on the part of the 'depository' recording the pawnee as the 'beneficial owner' is not 'actual sale'-Right to redemption under Section 177 of the Contract Act continues and can be exercised even after the pawnee has been registered and has acquired the status of 'beneficial owner'. The right of redemption would cease on the 'actual sale', that is, when the 'beneficial owner' sells the dematerialised securities to a third person. Once the 'actual sale' has been affected by the pawnee, the pawnor forfeits his right under Section 177 of the Contract Act to ask for redemption of the pawned goods. (10.4) PTC India Financial Services Ltd v. Venkateswarlu Kari, 2022 LiveLaw (SC) 475 : (2022) 9 SCC 704
Depositories Act, 1996 - Principle that pawner has right to redeem on failure of reasonable notice will not apply to pledge of shares - We, however, accept that the Depositories Act, by-laws and rules relating to sale of dematerialised securities would be gravely undermined in case the pawnor is entitled to redeem the dematerialised shares from the third party on the ground that reasonable notice, as postulated under Section 176 of the Contract Act, was not given to the pawnor. (10.5) PTC India Financial Services Ltd v. Venkateswarlu Kari, 2022 LiveLaw (SC) 475 : (2022) 9 SCC 704
Section 12 - Pledge or hypothecation of securities held in a depository
Depositories Act, 1996 - Section 12 of the Depositories Act is not ex-facie inconsistent with pawnee and pawnor's contractual rights and obligations under the Contract Act and the common law. (Para 10.2) PTC India Financial Services Ltd v. Venkateswarlu Kari, 2022 LiveLaw (SC) 475 : (2022) 9 SCC 704
Detention
Detention - In the matter of considering representation made against detention order, the Competent Authority is duty bound to do so with utmost despatch - The time period of over two months spent in doing so, cannot countenanced. It does not require such a long time to examine the representation concerning preventive detention of the detenu. S. Amutha v, Government of Tamil Nadu, 2022 LiveLaw (SC) 25
Disability Pension
Disability Pension - Army - the question of entitlement of soldiers to disability pension cannot be determined on the basis of medical examination conducted 20 years after his discharge. (Para 15) Union of India v. Ex Sep. R. Munusamy, 2022 LiveLaw (SC) 619 : AIR 2022 SC 3449
DNA Test
DNA Test for paternity – Supreme Court sets aside HC direction for DNA test of children in a matrimonial disputes - SC cites Right to Privacy – Merely because something is permissible under the law cannot be directed as a matter of course, to be performed particularly when a direction to that effect would be invasive to the physical autonomy of a person – Important question is not only whether it would amount to testimonial compulsion – Also encompasses right to privacy – Test could be prejudicial to the privacy rights of persons subjected to it – May also be prejudicial to future of children subjected to the test. (Para 9) Inayath Ali & Anr. v. State of Telengana, 2022 LiveLaw (SC) 869
Doctrine of Legitimate Expectation
Doctrine of Legitimate Expectation - Abuse of power is one of the criteria for testing whether a public body could resile from a prima facie legitimate expectation - If the government authority induced an expectation which was substantive, the upsetting of that expectation, through departure from the expected course of action in the absence of compelling public interest, would be so unfair, that it would amount to abuse of power. [Para 33] State of Bihar v. Shyama Nandan Mishra, 2022 LiveLaw (SC) 449 : 2022 (7) SCALE 432
Doctrine of Legitimate Expectation - Mere reasonable or legitimate expectation of a citizen may not by itself be a distinct enforceable right - The failure to consider and give due weight to it may render the decision arbitrary - The requirement of due consideration of a legitimate expectation forms part of the principle of nonarbitrariness, which is a necessary concomitant of the rule of law. Every legitimate expectation is a relevant factor requiring due consideration in a fair decision making process. Whether the expectation of the claimant is reasonable or legitimate in the context is a question of fact in each case. Whenever the question arises, it is to be determined not according to the claimant's perception but in larger public interest wherein other more important considerations may outweigh, what would otherwise have been the legitimate expectation of the claimant - A bona fide decision of the public authority reached in this manner would satisfy the requirement of nonarbitrariness and withstand judicial scrutiny. (Para 40) Ms. X v. Registrar General, 2022 LiveLaw (SC) 150 : 2022 (3) SCALE 99
Doctrine of Legitimate Expectation - The doctrine of legitimate expectation ordinarily would not have any application when the legislature has enacted the statute. Further, the legitimate expectation cannot prevail over a policy introduced by the Government, which does not suffer from any perversity, unfairness or unreasonableness or which does not violate any fundamental or other enforceable rights vested in the respondent. When the decision of public body is in conformity with law or is in public interest, the plea of legitimate expectation cannot be sustained. (Para 10-13) State of West Bengal v. Gitashree Dutta (Dey), 2022 LiveLaw (SC) 527
Doctrine of Legitimate Expectation - Where the substantive legitimate expectation is not ultra vires the power of the authority and the court is in a position to protect it, the State cannot be allowed to change course and belie the legitimate expectation - Regularity, Predictability, Certainty and Fairness are necessary concomitants of Government's action - Failure to keep commitment would permit the State's action to be interdicted. [Para 34] State of Bihar v. Shyama Nandan Mishra, 2022 LiveLaw (SC) 449 : 2022 (7) SCALE 432
Doctrine of Pith and Substance
Doctrine of Pith and Substance - When the legislative competence of a State Legislature is questioned on the ground that it encroaches upon the legislative competence of the Parliament, since some entries are bound to be overlapping, in such a situation, the doctrine of pith and substance has to be applied to determine as to which entry does a given piece of legislation relate to. Once it is so determined, any incidental trenching on the field reserved to the other legislature is of no consequence. The court has to look at the substance of the matter. The true character of the legislation has to be ascertained. Regard must be had to the enactment as a whole, to its main objects and to the scope and effect of its provision - Incidental and superficial encroachments are to be disregarded - The predominance of the Union List would not prevent the State Legislature from dealing with any matter with. (Para 71) Secretary of Govt. of Kerala Irrigation Department v. James Varghese, 2022 LiveLaw (SC) 447 : (2022) 9 SCC 593
Doctrine of Promissory Estoppel
Doctrine of promissory estoppel - In taxing matters, the doctrine of promissory estoppel as such is not applicable and the Revenue can take a position different from its earlier stand in a case with established distinguishing features. (Para 20.3) State of Gujarat v. ArcelorMittal Nippon Steel, 2022 LiveLaw (SC) 79 : (2022) 6 SCC 459
Doctrine of promissory estoppel - The doctrine of promissory estoppel is an equitable remedy and has to be moulded depending on the facts of each case and not straitjacketed into pigeonholes. In other words, there cannot be any hard and fast rule for applying the doctrine of promissory estoppel but the doctrine has to evolve and expand itself so as to do justice between the parties and ensure equity between the parties. (Para 20.2) State of Gujarat v. ArcelorMittal Nippon Steel, 2022 LiveLaw (SC) 79 : (2022) 6 SCC 459
Doctrine of Prospective Overruling
Doctrine of Prospective Overruling - In declaration of the law, the doctrine of prospective overruling can be applied by this Court to save past transactions under earlier decisions superseded or statutes held unconstitutional. (Para 23) State of Manipur v. Surjakumar Okram, 2022 LiveLaw (SC) 113
Doctrine of Prospective Overruling - The law declared by the Supreme Court is the law of the land and in so declaring, the operation of the law can be restricted to the future, thereby saving past transactions. The doctrine of prospective overruling is in essence a recognition of the principle that the Court moulds the reliefs claimed to meet the justice of the case- Court can apply its decision prospectively, i.e., from the date of its judgment to save past transactions. (Para 34) Jarnail Singh v. Lachhmi Narain Gupta, 2022 LiveLaw (SC) 94 : 2022 (2) SCALE 494
Doctrine of Prospective Overruling - The observation made in M.A. Murthy v. State of Karnataka (2003) 7 SCC 517 that there shall be no prospective overruling unless indicated in the particular decision is obiter – The casual and unnecessary observation in M.A. Murthy (supra) that there shall be no prospective overruling unless it is so indicated in a particular decision is obiter and not binding. (Para 41) Jarnail Singh v. Lachhmi Narain Gupta, 2022 LiveLaw (SC) 94 : 2022 (2) SCALE 494
Doctrine of Ultra Vires
Doctrine of Ultra Vires - Ultra vires may arise in several ways; there may be simple excess of power over what is conferred by the parent Act; delegated legislation may be inconsistent with the provisions of the parent Act or statute law or the general law; there may be noncompliance with the procedural requirement as laid down in the parent Act. It is the function of the courts to keep all authorities within the confines of the law by supplying the doctrine of ultra vires. (Para 65) Kerala State Electricity Board v. Thomas Joseph @ Thomas M.J., 2022 LiveLaw (SC) 1034
Drugs & Cosmetics Act, 1940
Drugs & Cosmetics Act, 1940; Section 34 - Offences by companies - Merely reproducing the words of the section without a clear statement of fact as to how and in what manner a director of the company was responsible for the conduct of 20 the business of the company, would not ipso facto make the director vicariously liable. (Para 18) Lalankumar Singh v. State of Maharashtra, 2022 LiveLaw (SC) 833 : AIR 2022 SC 5151
Duomatic Principle
Duomatic Principle - Duomatic Principle applicable even in the Indian context - Strict adherence to a statutory requirement may be dispensed with if it is demonstrated otherwise on facts, if the same is consented by all members - Principle is only applicable in those cases wherein bona fide transactions are involved - Fraud is a clear exception. (Para 26-29) Mahima Datla v. Renuka Datla, 2022 LiveLaw (SC) 479 : (2022) 10 SCC 258
E
Easements Act, 1882
Easements Act, 1882; Section 52 - Licence - The inmates in the old age home are licensees and are expected to maintain a minimum level of discipline and good behaviour and not to cause disturbance to the fellow inmates who are also senior citizen - They have a legal right to stay in the room of the old age home only so long as they comply with the terms and conditions of such license - As a licensee, the plaintiffs have no right to stay in the accommodation allotted which is purely an approach to a human problem faced by the people in old age. (Para 23-26) Samarpan Varishtha Jan Parisar v. Rajendra Prasad Agarwal, 2022 LiveLaw (SC) 460 : AIR 2022 SC 2209
Education
Central Board of Secondary Education (CBSE)
Education - Central Board of Secondary Education - CBSE shall provide an option to the candidate to accept the better of the two marks obtained in the subject for final declaration of his/her results - Clause 28 to the extent – “As per this policy, marks secured in later examination will be considered final”. This condition stands effaced from the policy. Sukriti v. Central Board of Secondary Education, 2022 LiveLaw (SC) 27
Education - NIOS shall endeavor to fix the examination centres, within a distance of 10 kilometers from the Accredited Institutions with which they are connected - It has duty to fix examination centres in a manner to enable students to appear in the examination with certainty and ease. Pragya Higher Secondary School v. National Institute of Open Schooling, 2022 LiveLaw (SC) 535
Capitation Fee
Education - Punjab (Regulations of Fees of Unaided Educational Institutions) Act, 2016 - Government Order/Notification stipulation that unaided Educational Institution shall upload income, expenditure account and balance sheet on its website - Ultra vires- It is clearly outside the scope of the authority bestowed on the competent authority. Independent Schools' Association Chandigarh (Regd.) v. Union of India, 2022 LiveLaw (SC) 518 : 2022 (8) SCALE 401
Education - Punjab (Regulations of Fees of Unaided Educational Institutions) Act, 2016 - Government Order/Notification stipulation that prohibits the unaided institutions from charging any kind of cost from the parents - Consistent with the legislative intent and mandate of the 2016 Act - The unaided institutions can charge only the disclosed fee structure amount from its students and no further. Independent Schools' Association Chandigarh (Regd.) v. Union of India, 2022 LiveLaw (SC) 518 : 2022 (8) SCALE 401
Education - Punjab (Regulations of Fees of Unaided Educational Institutions) Act, 2016 - Government Order/Notification provision whereby penalty amount is enhanced in respect of unaided institutions - Unconstitutional and ultra vires - What should be the quantum of penalty amount or punishment, is a legislative policy. It must be left to the concerned legislature. It cannot be provided by way of an executive order. Independent Schools' Association Chandigarh (Regd.) v. Union of India, 2022 LiveLaw (SC) 518 : 2022 (8) SCALE 401
Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 (Andhra Pradesh) - Admission and Fee Regulatory Committee (for Professional Courses offered in Private UnAided Professional Institutions) Rules, 2006 (Andhra Pradesh); Rule 4 - Government order issued by State of Andhra Pradesh that enhanced the tuition fee of Private Medical Colleges by seven times, to Rs. 24 lakhs per annum - State Governnment could not have enhanced the fee during the review pending with the AFRC. To enhance the fee unilaterally would be contrary to the objects and purpose of the 1983 Act as well as the 2006 Rules, 2006 and the decision in P.A. Inamdar and Ors. Vs. State of Maharashtra and Ors.; (2005) 6 SCC 537. (Para 3.1, 5) Narayana Medical College v. State of Andhra Pradesh, 2022 LiveLaw (SC) 929 : AIR 2022 SC 5686
Private Medical Colleges
Education - Private Medical Colleges - Capitation Fee - The management of private medical colleges are strictly prohibited from accepting payment of fees in cash, in order to avoid charging of capitation fee - Directions to curb capitation fee menace issued - A web-portal under the aegis of Supreme Court has to be set-up wherein any information about the private medical colleges charging capitation fees can be furnished by the students - While fixing fee, the Fee Fixation Committees of the States should take into account all the components of fee, leaving no scope for managements to charge any additional amounts apart from what has been prescribed by the fee fixation committee from time to time. (Para 13-15) Rashtreeya Sikshana Samithi Trust v. Committee for Fixation of Fee Structure Of Private Professional Colleges, 2022 LiveLaw (SC) 501 : AIR 2022 SC 2434
Recognised Private Schools
Education - Tamil Nadu Recognised Private Schools (Regulations) Act, 1973 - Government Order fixing 50% marks for eligibility to undergo Teachers' Training Certificate Course for appointment in the State of Tamil Nadu - Upheld. Director of Teacher's Training Research Education v. OM Jessymol, 2022 LiveLaw (SC) 759
Reservation in Admission
Education - Reservation in Admission - Appeal against Manipur High Court's order upholding the decision of Manipur University to reduce reservation in admission for Scheduled Caste candidates from 15% to 2%, OBC quota from 27% to 17% and increase for Scheduled Tribes candidates from 7.5% to 31%, in terms of amendment to the Central Educational Institutions (Reservation in Admission) Act 2006 - Dismissed - After amendment of the Reservation Act, the respondent No. 1 – University had to follow the reservation norms of 2% for SC candidates, 31% for ST candidates and 17% for OBC candidates which is in consonance with the second proviso to Section 3 of the Reservation Act inserted by virtue of the Amendment Act. Kshetrimayum Mahesh v. Manipur University, 2022 LiveLaw (SC) 46 : AIR 2022 SC 376 : (2022) 2 SCC 704
Election
Election - A false declaration with regard to the assets of a candidate, his/her spouse or dependents, constitutes corrupt practice irrespective of the impact of such a false declaration on the election of the candidate. It may be presumed that a false declaration impacts the election. (Para 38) S. Rukmini Madegowda v. State Election Commission, 2022 LiveLaw (SC) 766 : AIR 2022 SC 4347
Freebies Issue
Election Laws - Freebies Issue - Supreme Court refers to 3-judge bench - Identifies 3 issues - Petitioners prayed for reconsideration of SC judgment in S. Subramaniam Balaji v. State of Tamil Nadu, (2013) 9 SCC 659. Ashwini Upadhyay v. Union of India, 2022 LiveLaw (SC) 717 : 2022 (12) SCALE 436