Supreme Court Weekly Digest With Subject/Statute Wise Index [January 21 to 31]

Adverse Possession

Adverse Possession - Declaration of title can be sought based on adverse possession. (Para 5) 2024 LiveLaw (SC) 82

Bail

Anticipatory bail cannot be granted merely because the accused is willing to pay an interim compensation. 2024 LiveLaw (SC) 54

Bail cannot be cancelled merely due to non-appearance of accused before court. 2024 LiveLaw (SC) 65

Cancellation of Bail - Merely because the accused did not appear personally could not have been a ground for cancellation of bail. The parameters for grant of bail and cancellation of bail are totally different. The bail already granted may be cancelled, if it is found that the person who has been granted the benefit of bail has violated any of the conditions or misused the liberty by influencing the witnesses or tampering with the evidence. 2024 LiveLaw (SC) 65

Personal Liberty - When the petitioner applied for bail on merits and also on the ground that he had been incarcerated in jail for seven and a half years, the approach of the High Court in only permitting him to file an application for bail before the Trial Court/Sessions Court and not deciding the prayer for bail on merits, would amount to non-exercise of jurisdiction vested in it. The approach of the High Court was not in accordance with the sanctity that has been given to personal liberty in the catena of judgments. 2024 LiveLaw (SC) 78

Caste / Religion

We see no reason for mentioning the caste/religion of any litigant either before this Court or the courts below. Such a practice is to be shunned and must be ceased forthwith. It is therefore deemed appropriate to pass a general order directing that henceforth the caste or religion of parties shall not be mentioned in the memo of parties of a petition/proceeding filed before this Court, irrespective of whether any such details have been furnished before the courts below. A direction is also issued to all the High Courts to ensure that the caste/religion of a litigant does not appear in the memo of parties in any petition/suit/proceeding filed before the High Court or the Subordinate Courts under their respective jurisdictions. The above directions shall be brought to the notice of the members of the Bar as well as the Registry for immediate compliance. A copy of this order shall be placed before the Registrar concerned for perusal and for circulation to the Registrar Generals of all the High Courts for strict compliance. (Para 11 & 12) 2024 LiveLaw (SC) 62

Cheque

Negotiable Instruments Act, 1881; Section 138 - Question regarding the time-barred nature of an underlying debt or liability in proceedings under Section 138 of the NI Act is a mixed question of law and fact which ought not to be decided by the High Court exercising jurisdiction under Section 482 of the CrPC. (Para 7) 2024 LiveLaw (SC) 76

Negotiable Instruments Act, 1881; Section 118(e) and 138 - If the accused is disputing the signature on the cheque, then the certified copies of the signatures from the bank could be summoned from the bank to compare the same with the signature appearing on the cheque. The indorsements on a cheque carry a presumption of genuineness as per Section 118(e) of the Act. Hence, it is incumbent upon the accused to lead evidence to rebut the presumption of genuineness of signatures. (Para 16) 2024 LiveLaw (SC) 64

Negotiable Instruments Act, 1881; Section 118(e) and 138 - The accused had not taken any efforts to disprove his signature at the trial stage. No question was put to the witness from the bank regarding the genuineness of the signature. Also, the cheque was returned not on the grounds of any discrepancy in the signatures. If at all, the accused was desirous of proving that the signatures as appearing on the cheque issued from his account were not genuine, then he could have procured a certified copy of his specimen signatures from the Bank and a request could have been made to summon the concerned Bank official in defence for giving evidence regarding the genuineness or otherwise of the signature on the cheque. (Para 16) 2024 LiveLaw (SC) 64

Criminal Procedure

Summons - A Magistrate, while issuing the summoning order, shall not act in a casual manner; rather they should be satisfied that there exists a sufficient ground for proceedings against the accused. The recording of the satisfaction of the Magistrate while issuing the summons should not be in a cryptic manner but only when a prima facie case is made out from the allegations. Detailed reasoning is not required from the Magistrate while issuing summons, but the Magistrate also needs to record satisfaction that there exists a sufficient ground for proceedings. (Para 18) 2024 LiveLaw (SC) 75

Code of Criminal Procedure, 1973; Section 167 and 173 - Once from the material produced along with the chargesheet, the court is satisfied about the commission of an offence and takes cognizance of the offence allegedly committed by the accused, it is immaterial whether the further investigation in terms of Section 173(8) is pending or not. The pendency of the further investigation qua the other accused or for production of some documents not available at the time of filing of chargesheet would neither vitiate the chargesheet, nor would it entitle the accused to claim right to get default bail on the ground that the chargesheet was an incomplete chargesheet or that the chargesheet was not filed in terms of Section 173(2) of Cr.P.C. (Para 23) 2024 LiveLaw (SC) 58

Code of Criminal Procedure, 1973; Section 178 (8) - It would be impermissible under the law for a Judicial Magistrate to take cognizance of a supplementary charge-sheet submitted after further investigation if it doesn't contain any fresh oral or documentary evidence, would be impermissible under the law. While submitting the supplementary charge-sheet as a result of an order of further investigation under Section 178 (8) Cr.P.C., the Investigating Officer shall mention new evidence found to substantiate the conclusions drawn by him. Otherwise, such supplementary charge-sheet lacks investigative rigour and fails to satisfy the requisites of Section 173(8) Cr.P.C. The provision for submitting a supplementary report infers that fresh oral or documentary evidence should be obtained rather than reevaluating or reassessing the material already collected and considered by the investigating agency while submitting the initial police report, known as the chargesheet under Section 173(2) CrPC. (Para 26 & 27) 2024 LiveLaw (SC) 53

Code of Criminal Procedure, 1973; Section 313 – It is only after the prosecution discharges its duty of proving the case beyond all reasonable doubt that the false explanation or non-explanation of the accused could be taken into consideration. (Para 21) 2024 LiveLaw (SC) 60

Code of Criminal Procedure, 1973; Section 391 – A party who was not diligent in producing evidence at the trial stage of a criminal case cannot seek to produce the same in appeal. The power to record additional evidence at the appellate stage should not be exercised in a routine and casual manner. Such a power shall only be exercised when non-recording of the evidence may lead to failure to justice. Power to record additional evidence under Section 391 CrPC should only be exercised when the party making such request was prevented from presenting the evidence in the trial despite due diligence being exercised or that the facts giving rise to such prayer came to light at a later stage during pendency of the appeal. (Para 9) 2024 LiveLaw (SC) 64

Code of Criminal Procedure, 1973; Section 482 - Allegations made by the complainant do not give rise to the offences for which the accused has been summoned for trial. A commercial dispute, which ought to have been resolved through the forum of Civil Court has been given criminal colour by lifting from the penal code certain words or phrases and implanting them in a criminal complaint. No case at all has been made out that would justify invoking the machinery of the Criminal Courts. The dispute, per se, is commercial in nature having no element of criminality. The Magistrate here failed to apply his mind in issuing summons and the High Court also failed to exercise its jurisdiction under Section 482 of the 1973 Code to prevent abuse of the power of the Criminal Court. (Para 18) 2024 LiveLaw (SC) 75

Constitution of India

Constitution of India, 1950; Article 226 - the High Court by way of the interim order could not have passed an order which had the effect of encroaching upon the areas reserved for the Legislature and the Executive. Our Constitution recognizes the independence of the three wings of the State, i.e. the Executive, Legislature and the Judiciary. No doubt that if the High Court found that the legislature concerned was not valid on account of any of the grounds available within the limited scope of judicial review under Article 226 of the Constitution of India, it could set aside such a legislation. But by way of an interim order it could not have in effect stayed the operation of the said Statute. (Para 8 - 10) 2024 LiveLaw (SC) 71

Contempt of Courts

Contempt of Courts Act, 1971 - An apology must evidence remorse with respect to the contemptuous acts and is not to be used as a weapon to purge the guilty of their offence. Further, an apology lacking in sincerity and not evidencing contriteness, cannot be accepted. (Para 22) 2024 LiveLaw (SC) 69

Contempt of Courts Act, 1971 - 'Civil Contempt' - An act that violates a status quo order constitutes 'civil contempt'. When a party violates a status quo order, contempt proceedings must be initiated instead of merely vacating the interim order. (Para 16 & 17) 2024 LiveLaw (SC) 73

Contempt of Courts Act, 1971 - Conviction of Advocate - The appellant's conduct before the High Court and for that matter, even before this Court, amounts to undermining the system of the law and interfering with the course of justice administration. The High Court observed a pattern in the behaviour of the appellant. He has had a habit of misbehaving with a Bench which is not agreeing with him. The misbehaviour goes to the extent of casting aspersions and threatening the Judges hearing the matters. The High Court correctly rejected the apology. (Para 21 & 22) 2024 LiveLaw (SC) 69

Contempt of Courts Act, 1971 - There is a need to maintain the dignity and reputation of judicial officers and to protect them from motivated, libellous and unfounded allegations. The High Court was correct in not accepting the apology tendered by the appellant since it was not bonafide and lacked sincerity, apart from being belated and a mere 'lip service'. (Para 17) 2024 LiveLaw (SC) 69

Corruption

Prevention of Corruption Act, 1988; Section 19 - Sanction - The Sessions Court could not have acquitted the accused only on the ground of alleged invalid sanction, without recording its findings on all the issues involved. (Para 8) 2024 LiveLaw (SC) 56

Contract

Contract Law - If there is a repugnancy between the earlier and later clauses of a deed, whereby a later clause destroys altogether the obligation created by the earlier clause, then the later clause is to be rejected as repugnant to the earlier clause and the earlier clause prevails. (Para 30) 2024 LiveLaw (SC) 80

Doctrine of Necessity

There is a doctrine of necessity where under given circumstances an action is required to be taken under compelling circumstances. In the present case, had the Working President not convened the meeting, the elections of the executive body would have been in limbo for an unreasonable amount of time. The convening of the meeting by the Working President upon the requests by the 16 surviving members was a “necessity” at the time. (Para 15 & 18) 2024 LiveLaw (SC) 59

Environment

Environment (Protection) Act, 1986; Section 3 (3) - Central Empowered Committee (CEC) - Effective functioning of environmental bodies is imperative for the protection, restitution, and development of the ecology. The court directed the CEC to adopt measures to promote institutional transparency, efficiency and accountability - Issued Guidelines. (Para 21 & 31) 2024 LiveLaw (SC) 74

Role of Constitutional Courts - The role of the constitutional courts is to ensure that such environmental bodies function vibrantly, and are assisted by robust infrastructure and human resources. The constitutional courts will monitor the functioning of these institutions so that the environment and ecology is not only protected but also enriched. (Para 32) 2024 LiveLaw (SC) 74

Eviction

Eviction - illegal demolition of premises with the support of the local police - Imposed a cost amounting to Rs. 6 lakhs on six police personnel for conspiring and illegally detaining tenants, coercing them to sign documents against their will, and demolishing the premises in question without any order from a competent court. (Para 9) 2024 LiveLaw (SC) 77

Evidence

Evidence Act, 1872; Section 73 - Certified copy of a document issued by a Bank is itself admissible under the Bankers' Books Evidence Act, 1891 without any formal proof thereof. Hence, in an appropriate case, the certified copy of the specimen signature maintained by the Bank can be procured with a request to the Court to compare the same with the signature appearing on the cheque by exercising powers under Section 73 of the Act. (Para 15) 2024 LiveLaw (SC) 64

Forest

Forest Conservation Act, 1980 - The existing criteria for identification of private forests in the State of Goa are adequate and valid, hence, they require no alteration. (Para 69) 2024 LiveLaw (SC) 61

Habeas Corpus

Habeas corpus - 25 year old woman detained by her parents - The matter had been adjourned by the High Court on 14 occasions and thereafter postponed for 2025, exhibiting "a total lack of sensitivity" on the part of the court, that too in a habeas corpus matter. When the question of liberty of a person is involved even a day's delay counts. The detenu was a highly qualified, mature woman with an understanding of what was right and what was wrong for her. In any case, a major girl cannot be compelled to do something against her wishes. 2024 LiveLaw (SC) 52

Insolvency and Bankruptcy Code

Insolvency and Bankruptcy Code, 2016; Section 14 - The imposition of moratorium under Section 14 of the IBC has no effect on the execution of a decree against the Directors or Officers of the Company (Corporate Debtor), which is undergoing Corporate Insolvency Resolution Process (CIRP) under IBC. The protection of moratorium under Section 14 of IBC is only available to the Company and not to its Directors or Officers, thus the execution of decree can be done against them even during moratorium. (Para 11) 2024 LiveLaw (SC) 63

Juvenile

Juvenile Justice Act, 1986; Section 2 (h) and 21 - Penal Code, 1860; Sections 302 and 201 r/w. 34 – Murder - Issue of juvenility was raised in Appeal - On the date on which the incident constituting the offence took place, the age of the appellant was less than 18 years. The 2000 JJ Act was admittedly not in force when the incident occurred. Therefore, the case will be governed by the 1986 JJ Act. Under clause (h) of Section 2 of the 1986 JJ Act, a 'juvenile' has been defined to mean a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen years. Thus, on the date of occurrence of the offence, the appellant was a juvenile. As per Section 22(1) of the 1986 JJ Act, there was a prohibition on sentencing a juvenile to undergo imprisonment. As the appellant has undergone incarceration for a period of more than eight years, no purpose will be served by sending the appellant before the Juvenile Justice Board. 2024 LiveLaw (SC) 57

Medical

Medical Admissions - Supreme Court permits three doctors to resign from their NEET super specialty seats to enroll in Institutes of National Importance (INI). The vacant seats resulting from the resignation will be included in the mop-up round. 2024 LiveLaw (SC) 72

Medical Admissions - Restrictions imposed on resignation from NEET seats - the Supreme Court approved a proposal brought forth by Union of India to allow only those candidates to resign who had joined Institutes of National Importance (INIs) post counselling. The proposal given was reasonable and balanced the interests of meritorious students with concern of medical institutions where seats would fall vacant if upgradation is permitted. (Para 4) 2024 LiveLaw (SC) 81

Medical Negligence - The Supreme Court directs the doctor to pay Rs. 2.5 lakh to the patient who lost vision in one eye. 2024 LiveLaw (SC) 70

Murder Trial

Merely on the basis of suspicion, conviction would not be tenable. (Para 20) 2024 LiveLaw (SC) 60

Only on the sole circumstance of recovery of a blood-stained weapon, it cannot be said that the prosecution has discharged its burden of proving the case beyond reasonable doubt. (Para 19) 2024 LiveLaw (SC) 60

Passport

Passports Act, 1967; Section 12(b) - As discernible from the language of the provision, what must be established is that the accused knowingly furnished false information or suppressed material information with the intent of obtaining a passport or travel document. In the present case, it is crucial to consider that the alleged forgery of signatures on the passport application was inconclusive. Moreover, the cognizance of such like offence can be taken only at the instance of the Prescribed Authority. No complaint to that effect has been disclosed against the Appellants. This Court, therefore, will exercise caution before invoking such severe offences and penalties solely on the basis of conjectures and surmises. 2024 LiveLaw (SC) 53

Penal Code

Penal Code, 1860 - Sections 304A and 338 - Fire Accident - Trekking Expedition - Persons who were part of the trekking expedition died owing to a forest fire which is an instance of vis major. No negligence could have been attributed to the trek organiser who only facilitated the organization of the trekking expedition. The organizers and even the members of the trekking expedition were totally unaware of the forest fire as such. Accidentally they were engulfed in the forest fire and they died by sheer accident and not owing to any negligence or any criminal intent attributable to the trek organiser. The trek organiser had no role whatsoever in causing the death of the trekkers who died due to a forest fire which is a natural cause. 2024 LiveLaw (SC) 83

Penal Code, 1860; Section 375 - If it is established that from the inception, the consent by the victim is a result of a false promise to marry, there will be no consent, and in such a case, the offence of rape will be made out. (Para 7) 2024 LiveLaw (SC) 68

Penal Code, 1860; Section 405 - Criminal Breach of Trust - Commercial disputes over variation of rate cannot per se give rise to an offence under Section 405 of the 1860 Code without presence of any aggravating factor leading to the substantiation of its ingredients. (Para 14) 2024 LiveLaw (SC) 75

Penal Code, 1860; Section 420 - It must also be understood that a statement of fact is deemed 'deceitful' when it is false and is knowingly or recklessly made with the intent that it shall be acted upon by another person, resulting in damage or loss. 'Cheating' therefore, generally involves a preceding deceitful act that dishonestly induces a person to deliver any property or any part of a valuable security, prompting the induced person to undertake the said act, which they would not have done but for the inducement. (Para 12) 2024 LiveLaw (SC) 53

Penal Code, 1860; Section 420 - The act of the wife to forge the sign of husband to seek the passport for minor child to travel abroad doesn't amount to cheating punishable under Section 420 IPC, due to the absence of a deceitful act that resulted in a loss or damage of property to a husband. 2024 LiveLaw (SC) 53

Penal Code, 1860; Section 420 - The term 'property' employed in Section 420 IPC has a well defined connotation. Every species of valuable right or interest that is subject to ownership and has an exchangeable value – is ordinarily understood as 'property'. It also describes one's exclusive right to possess, use and dispose of a thing. The IPC itself defines the term 'moveable property' as, “intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.” Whereas immoveable property is generally understood to mean land, benefits arising out of land and things attached or permanently fastened to the earth. (Para 13) 2024 LiveLaw (SC) 53

Penal Code, 1860; Section 420 - While prosecuting a person for the offence of cheating punishable under Section 420 IPC, it is to be seen whether the deceitful act of cheating was coupled with an inducement leading to the parting of any property by the complainant. To constitute an offence of cheating, merely committing a deceitful act is not sufficient unless the deceitful act dishonestly induced a person to deliver any property or any part of a valuable security, thereby resulting in loss or damage to the person. (Para 10 - 20) 2024 LiveLaw (SC) 53

Penal Code, 1860; Sections 468 and 471 - Forgery - There are two primary components that need to be fulfilled in order to establish the offence of 'forgery', namely: (i) that the accused has fabricated an instrument; and (ii) it was done with the intention that the forged document would be used for the purpose of cheating. Simply put, the offence of forgery requires the preparation of a false document with the dishonest intention of causing damage or injury. (Para 22) 2024 LiveLaw (SC) 53

Penal Code, 1860; Section 500 - A criminal defamation case was filed against the owner of a newspaper for an article published against an advocate. The Magistrate rejected the complaint, stating that the news article in question was published in good faith and in the exercise of the fundamental right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution. The Magistrate's view cannot be termed as "illegal or unjustified," and therefore, there is no justification for interference by the Sessions Court or the High Court. (Para 8 & 9) 2024 LiveLaw (SC) 67

Penal Code, 1860; Section 506 - Criminal Intimidation - The allegation of criminal intimidation against the accused is made in the complaint statements, no particulars thereof have been given. Both in the complaint petition and the initial deposition of one of the witnesses, there is only reproduction of part of the statutory provision giving rise to the offence of criminal intimidation. This would constitute a mere bald allegation, short of any particulars as regards to the manner in which threat was conveyed. (Para 17) 2024 LiveLaw (SC) 75

Rent Control

Rent Control Act, 1999 (Maharashtra); Section 16(1)(k) - Eviction of a tenant cannot be ordered merely based on a demolition notice issued by the Municipal body. The Court has to examine the "immediate urgency" of the need for demolition. (Para 13) 2024 LiveLaw (SC) 79

Scheduled Castes / Scheduled Tribes

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989; Section 3(1)(xi) - Conviction for the offence punishable under Section 3(1)(xi) of the Act 1989 cannot be sustained if the act of outraging the modesty of a woman was not committed on the ground of caste. (Para 8 & 11) 2024 LiveLaw (SC) 66

Society

Societies Registration Act, 1860; Section 15 - Such members in default of membership fee would not be entitled to vote and would not be counted as members of the Society. If they were not entitled to vote and they were not to be counted as members, there would be no illegality or for that matter any prejudice being caused by not issuing any notice as the same would be an exercise in futility. (Para 22) 2024 LiveLaw (SC) 59

Tax

Income Tax Act, 1961; Sections 147 & 148 - For the purposes of tax assessment, an assessee's obligation is limited to making a "full and true" disclosure of all "material" or primary facts, and thereafter, the burden shifts on the assessing officer. If a return is defective, it is upto the officer that he intimate the assessee in order that defects may be cured. But if the officer fails to do so, the return cannot be called defective. (Para 43) 2024 LiveLaw (SC) 55

University

Revaluation - The appellant filed a suit against the University seeking compensation of Rs. 10 Lakhs for reevaluating copies of subjects not applied for, resulting in a reduction of total marks. The trial court granted damages of Rs. 4 Lakhs, but the High Court set aside the judgment. The Supreme Court, upon examination, found the High Court's observations untenable and restored the damages awarded by the trial court. 2024 LiveLaw (SC) 51