SUBJECT WISE INDEX

Administrative Law

Rules of Business - When the Cabinet constitutes a committee and the latter’s actions are validated by the Minister and the rest of the Council, then it cannot be claimed that Rules of Business have not been followed by the State Government in the course of its decision-making process. (Para 90) Rajasthan Industrial Development and Investment Corporation v. Arfat Petrochemicals, 2023 LiveLaw (SC) 337

Arbitration

Arbitration agreement in unstamped contract which is exigible to stamp duty not enforceable: Supreme Court holds by 3:2 majority. N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd., 2023 LiveLaw (SC) 343

Bail

Seeking pre-deposit of bank guarantee for grant of bail is unsustainable.Makhijani Pushpak Harish v. State of Gujarat, 2023 LiveLaw (SC) 345

Coal

New Coal Distribution Policy (NCDP) - ‘Change in Law’ Relief - Policy of Inter-Plant Transfer (IPT) of coal by Coal India Ltd. (CIL) a “change in law” event - Finding of APTEL that the communication dated 19th June 2013 permitting IPT is not a ‘Change in Law’ would not be sustainable. Uttar Haryana Bijli Vitran Nigam Ltd. v. Adani Power (Mundra) Ltd; 2023 LiveLaw (SC) 339

Constitution

Precedents - While it is open to a learned Judge to differ with a view of a Co-ordinate Bench the sequitur is to make a reference to a larger Bench on papers being placed before the learned Chief Justice. The learned Judge cannot simply say "with due respect, I do not agree to the ratio..." or “the decision is per incuriam as a binding judgment of the Supreme Court has not been considered….” and proceed to take a contrary view - Such an approach would result in conflicting opinions of Coordinate Benches, resulting in judicial chaos and is, thus, improper. This is something atrocious and unacceptable. (Para 81) State v. Hemendhra Reddy, 2023 LiveLaw (SC) 365

Domicile Reservation - Domicile reservation can't be wholesale reservation - Supreme Court asks MP Govt to review its 75% domicile quota in B.Ed seats - though reservation in favour of residents is permissible, yet reservation to the extent of 75% of the total seats makes it a wholesale reservation, which has been held in Pradeep Jain to be unconstitutional and violative of Article 14 of the Constitution of India. Veena Vadini Teachers Training Institute v. State of Madhya Pradesh, 2023 LiveLaw (SC) 364

Governors should return bills as soon as possible: Supreme Court observes in Telangana Government's plea against governor. State of Telangana v. Governor, 2023 LiveLaw (SC) 356

Criminal Law

Investigating officer did not meet the obligations’: Supreme Court reverses murder conviction imposed by Trial Court, affirmed by High Court. Maghavendra Pratap Singh @ Pankaj Singh v. State of Chhattisgarh, 2023 LiveLaw (SC) 358

Not necessary to review / recall / quash order accepting closure report before carrying out further investigation. State v. Hemendhra Reddy, 2023 LiveLaw (SC) 365

Criminal Investigation - Criminal offence is considered as a wrong against the State and the Society even though it has been committed against an individual. Normally, in serious offences, prosecution is launched by the State and a Court of law has no power to throw away prosecution solely on the ground of delay. Mere delay in approaching a Court of law would not by itself afford a ground for dismissing the case. Though it may be a relevant circumstance in reaching a final verdict. (Para 84) State v. Hemendhra Reddy, 2023 LiveLaw (SC) 365

Supreme Court commutes death sentence of man who murdered his sister & her lover from another caste; takes note of 'social pressure'. Digambar v. State of Maharashtra, 2023 LiveLaw (SC) 361

Supreme Court sets aside Telangana HC Order directing CBI to provide printed questions to YSRCP MP Avinash Reddy; says such orders gravely prejudice investigation. Suneetha Narreddy v. Y.S. Avinash Reddy, 2023 LiveLaw (SC) 355

Digitization of Records

The Supreme Court issued directions to all the High Courts for ensuring digitalisation of lower court records. (Para 39 - 42) Jitendra Kumar Rode v. Union of India, 2023 LiveLaw (SC) 347

Disability

Disability Rights & CLAT - Supreme Court passes further guidelines to ensure access to CLAT for candidates with disabilities. Arnab Roy v. Consortium of National Law Universities, 2023 LiveLaw (SC) 349

Dowry Death

Unnatural death of wife in matrimonial home within seven years of marriage in itself not sufficient to convict husband for dowry death. Charan Singh @ Charanjit Singh v. State of Uttarakhand, 2023 LiveLaw (SC) 341

Education

UP Intermediate Education Act | Appointment process of teachers not concluded without approval by District Inspector of Schools (DIOS). State of Uttar Pradesh v. Rachna Hills, 2023 LiveLaw (SC) 360

U.P. Intermediate Education Act | No 'deemed appointment' of selected candidate if dios doesn't give approval within 15 days. State of Uttar Pradesh v. Rachna Hills, 2023 LiveLaw (SC) 360

UP Intermediate Education Act | Vacancies which existed before amendment of regulation 17 are to be governed by amended rules. State of Uttar Pradesh v. Rachna Hills, 2023 LiveLaw (SC) 360

Election

Supreme Court quashes forgery case against former Punjab CM Prakash Singh Badal & Akali Dal leaders over party's dual constitution. Sukhbir Singh Badal v. Balwant Singh Khera, 2023 LiveLaw (SC) 359

Environmental Law

Metro Rail - Supreme Court refused to interfere with the construction work on phase-IV of Delhi Metro, stating that any interference at this stage would also result in a huge escalation of its cost, causing a loss to the public exchequer. In re : Delhi Metro Rail Corporation (DMRC), 2023 LiveLaw (SC) 363

No doubt that the concern for the environment is an important aspect. However, at the same time, developmental works like the metro rail, which will cater to millions of people and also reduce carbon emissions, inasmuch as the number of vehicles on the road would be reduced, cannot be ignored. In re : Delhi Metro Rail Corporation (DMRC), 2023 LiveLaw (SC) 363

The Supreme Court has expressed concerns at the unregulated number of devotees visiting places of worship which are situated in national parks and sanctuaries. In re: T.N. Godavarman v. Union of India, 2023 LiveLaw (SC) 362

Eco-Sensitive Zone (ESZ) - the requirement of declaring ESZs is not to hamper day to day activities of the citizens but is meant to protect the precious forests/Protected Areas from any negative impact, and to refine the environment around the Protected Areas. In Re: T. N. Godavarman Thirumulpad v. Union of India, 2023 LiveLaw (SC) 351

The Supreme Court modified its order dated June 3, 2022 to the extent that directions in the said order mandating a 1 km Eco-Sensitive Zone (ESZ) around protected forests would not be applicable to the ESZs in respect of which a draft and final notification has been issued by the Ministry of Environment, Forest and Climate Change (MoEF & CC) and in respect of the proposals which have been received by the Ministry. In Re: T. N. Godavarman Thirumulpad v. Union of India, 2023 LiveLaw (SC) 351

Eco-Sensitive Zone (ESZ) - If the direction as issued by this Court in paragraph 56.5 of the order dated 3rd June 2022 is continued, then no permanent structure would be permitted to come up for whatsoever purpose in the aforesaid ESZs. Hundreds of villages are situated within the ESZs in the country. If no permanent construction is to be permitted for any purpose, a villager who is desirous to reconstruct his house would not be permitted. Similarly, if the Government decides to construct schools, dispensaries, anganwadis, village stores, water tanks and other basic structures for improvement of the life of the villagers, the same would also not be permitted. The effect of the order will be to prevent the State or the Central Government from constructing roads and provide other facilities to the villagers. In Re: T. N. Godavarman Thirumulpad v. Union of India, 2023 LiveLaw (SC) 351

Eco-Sensitive Zone (ESZ) - If the direction as contained in paragraph 56.5 of the order dated June 3, 2022 that even for continuation of existing activities, the permission of the Principal Chief Conservator of Forests (PCCF) of each State or Union Territory would be necessary, remains unmodified, taking into consideration that in each State or Union Territory there will be hundreds of villages wherein millions of people would be residing, the PCCF would be left with no other job except to consider such applications for permission to continue such activities. Even a farmer desirous to continue farming activities would be required to seek such permission. We find that such a direction is impossible to be implemented. If such a direction is continued, rather than avoiding man-animal conflict, it will intensify the same. In Re: T. N. Godavarman Thirumulpad v. Union of India, 2023 LiveLaw (SC) 351

Eco-Sensitive Zone (ESZ) - The Court modified the directions contained in paragraph 56.5 of the order dated June 3, 2022 as follows: 1. The MoEF & CC and all the State/Union Territory Governments shall strictly follow the provisions in the said Guidelines dated 9th February 2011 and so also the provisions contained in the ESZs notifications pertaining to the respective Protected Areas with regard to prohibited activities, regulated activities and permissible activities. 2. We further direct that while granting Environmental and Forest Clearances for project activities in ESZ and other areas outside the Protected Areas, the Union of India as well as various State/Union Territory Governments shall strictly follow the provisions contained in the Office Memorandum dated 17th May 2022 issued by MoEF & CC. In Re: T. N. Godavarman Thirumulpad v. Union of India, 2023 LiveLaw (SC) 351

Mining within the National Park and Wildlife Sanctuary and within an area of one kilometre from the boundary of such National Park and Wildlife Sanctuary shall not be permissible. In Re: T. N. Godavarman Thirumulpad v. Union of India, 2023 LiveLaw (SC) 351

Evidence

Section 27 Evidence Act statement not liable to be rejected merely because it was recorded in a language not known to the accused through translator. Siju Kurian v. State of Karnataka, 2023 LiveLaw (SC) 338

Family Law

Irretrievably broken down marriage can be dissolved on ground of 'cruelty'. Rakesh Raman v. Kavita, 2023 LiveLaw (SC) 353

Insurance Law

Negligence by Doctor - In a case of negligence committed by Doctor, the Insurance Company which covered the Doctor would have to reimburse the compensation to the Complainant to the extent of its liability under the Policy, as against the Doctor concerned.Nagarmal Modi Sewa Sadan v. Prem Prakash Rajagaria, 2023 LiveLaw (SC) 344

Investigation

There is absolutely no warrant for the High Court to direct that the investigation of a person who has been interrogated as a suspect in the conspiracy should be in the printed or written form. Similarly, it is wholly inappropriate for the High Court to observe that the questionnaire may also be handed over to the respondent. Such orders of the High Court are liable to gravely prejudice the course of investigation. Suneetha Narreddy v. Y.S. Avinash Reddy, 2023 LiveLaw (SC) 355

Narcotic Drugs

Ganja seeds not banned contraband under NDPS Act. Hasubhai Kamabhai Thakor v. State of Gujarat, 2023 LiveLaw (SC) 354

Property

Value of plant & machinery permanently embedded to land must be ascertained to compute stamp duty for sale deed. Sub Registrar, Amudalavalasa v. Dankuni Steels Ltd., 2023 LiveLaw (SC) 357

Railway

Supreme Court dismisses plea to restore concession in railway tickets for senior citizens.M.K. Balakrishnan v. Union of India, 2023 LiveLaw (SC) 370

Registration

S.17 Registration Act - High Court cannot exercise writ jurisdiction to alter or amend registered lease deed. Gwalior Development Authority v. Bhanu Pratap Singh, 2023 LiveLaw (SC) 340

Rent Law

Delhi Rent Control | Improper description of property in application no ground to set aside possession order under Section 25-B(8). Kusum Lata Sharma v Arvind Singh, 2023 LiveLaw (SC) 368

Service Law

The Supreme Court rejects the claim of employees to count the entire period of work-charged service for pension. Uday Pratap Thakur v. State of Bihar, 2023 LiveLaw (SC) 371

Allopathy doctors and doctors of indigenous medicine cannot be said to be performing “equal work” so as to be entitled to “equal pay”. State of Gujarat v. Dr. P.A. Bhatt, 2023 LiveLaw (SC) 350

Specific Performance

Specific Relief Act - Action to cancel an instrument under Section 31 is not action in rem. Asian Avenues Pvt. Ltd. v. Sri Syed Shoukat Hussain, 2023 LiveLaw (SC) 369

STATUTE WISE INDEX

Arbitration and Conciliation Act, 1996; Section 11 - Certified copy can be produced at the Section 11 stage only if it clearly indicates the stamp duty paid. If the same is not mentioned, the Court should not act on the said certified copy. N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd., 2023 LiveLaw (SC) 343

Arbitration and Conciliation Act, 1996; Section 11 - the Court at the Section 11 stage is bound to examine the instrument and if found to be unstamped or insufficiently stamped the instrument is to be impounded at this stage itself. N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd., 2023 LiveLaw (SC) 343

Arbitration and Conciliation Act, 1996; Section 7 - An arbitration agreement within the meaning of Section 7 of the Act attracts stamp duty and which is not stamped or insufficiently stamped cannot be acted upon in view of Section 35 of the Stamp Act unless following impounding and paying requisite duty. The provisions of Section 33 and the bar under Section 35 of the Stamp Act would render the arbitration agreement contained in such instrument as being non-existent in law until the instrument is validated under the Stamp Act. N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd., 2023 LiveLaw (SC) 343

Arbitration and Conciliation Act, 1996; Section 7 - Whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable? Held, an instrument which is exigible to stamp duty may contain an arbitration clause and which is not stamped cannot be said to be a contract enforceable in law within the meaning of S. 2(h) of the Contract Act and is not enforceable under S 2(g) of the Contract Act. N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd., 2023 LiveLaw (SC) 343

Code of Criminal Procedure Code, 1973 - Chapter XII - The Investigating Officer is the person tasked with determining a direction, the pace, manner and method of the investigation. (Para 38 - 43) Maghavendra Pratap Singh @ Pankaj Singh v. State of Chhattisgarh, 2023 LiveLaw (SC) 358

Code of Criminal Procedure Code, 1973 - Chapter XII - Whether the Investigating Officer had complied with the duties and responsibilities cast upon him - Held, the Investigating Officer did not examine the owner of the house; (b) did not enter his movement in the case diary; (c) did not record that he took the accused for effecting the recovery; (d) was not able to describe clearly the area from where the recovery was effected; (e) admits both the independent witnesses, who do not belong to the area from where the recoveries were effected; (f) does not associate any of the residents of the area for conducting the search; (g) does not examine any of the residents for carrying out any further investigation and (h) Most importantly he admits that both the memo of arrest as also the recovery not to have been prepared by him or bearing his signature and the same too, have many corrections and over­writing, thus reducing the correctness and authenticity of this document. Furthermore, he is not clear about the description of the articles recovered. The Investigating Officer did not meet the obligations he was under. Numerous infirmities affected the conduct of the Investigation Officer calling into question, credibly, the investigation conducted by him or upon his directions. (Para 35) Maghavendra Pratap Singh @ Pankaj Singh v. State of Chhattisgarh, 2023 LiveLaw (SC) 358

Code of Criminal Procedure, 1973 - Powers of the Appellate Court while dealing with the appeal against an order of acquittal - General principles discussed. (Para 14) Siju Kurian v. State of Karnataka, 2023 LiveLaw (SC) 338

Code of Criminal Procedure, 1973; Section 167 - Filing incomplete chargesheet without completing investigation would not extinguish the right of accused to get default bail. Ritu Chhabaria v. Union of India, 2023 LiveLaw (SC) 352

Code of Criminal Procedure, 1973; Section 173(8) - Even after the final report is laid before the Magistrate and is accepted, it is permissible for the investigating agency to carry out further investigation in the case. There is no bar against conducting further investigation under Section 173(8) of the CrPC after the final report submitted under Section 173(2) of the CrPC has been accepted - Prior to carrying out further investigation under Section 173(8) of the CrPC it is not necessary that the order accepting the final report should be reviewed, recalled or quashed - Though the order passed by the Magistrate accepting a final report under Section 173 is a judicial order, there is no requirement for recalling, reviewing or quashing the said order for carrying out further investigation under Section 173(8) of the CrPC - There is nothing in the CrPC to suggest that the court is obliged to hear the accused while considering an application for further investigation under Section 173(8) of the CrPC - Mere fact that there may be further delay in concluding the trial should not stand in the way of further investigation if that would help the court in arriving at the truth and do real and substantial and effective justice. (Para 50, 73, 76- 77) State v. Hemendhra Reddy, 2023 LiveLaw (SC) 365

Code of Criminal Procedure, 1973; Section 173(8), 173(2)(i) - Alternatives before a Magistrate when a “Final Report” is filed - The Magistrate may either: (1) accept the report and take cognizance of offence and issue process, (2) may disagree with the report and drop the proceeding or may take cognizance on the basis of report/material submitted by the investigation officer, (3) may direct further investigation under Section 156(3) and require police to make a report as per Section 173(8) of the CrPC. (4) may treat the protest complaint as a complaint, and proceed under Sections 200 and 202 of the CrPC. State v. Hemendhra Reddy, 2023 LiveLaw (SC) 365

Code of Criminal Procedure, 1973; Section 385 - Procedure for hearing appeals not dismissed summarily - The language of Section 385 shows that the Court sitting in appeal governed thereby is required to call for the records of the case from the concerned Court below. The same is an obligation, power coupled with a duty, and only after the perusal of such records would an appeal be decided. (Para 36) Jitendra Kumar Rode v. Union of India, 2023 LiveLaw (SC) 347

Code of Criminal Procedure, 1973; Section 385 - Whether, in the absence of the records of the Court of Trial, the appellate Court could have upheld the conviction and enhanced the quantum of fine? Held, the Accused, in appeal, has a right to have the record perused by the Appellate Court and, therefore, upholding a conviction by merely having noted that the counsel for the accused not having the record at the time of filing the appeal is “doubtful” and that “no one can believe” the appeal would have been filed without perusing the record, as observed by the High Court is not correct. The job of the Court of Appeal is not to depend on the lower Court's judgment to uphold the conviction but, based on the record available before it duly called from the Trial Court and the arguments advanced before it, to come to a conclusion thereon. (Para 33) Jitendra Kumar Rode v. Union of India, 2023 LiveLaw (SC) 347

Code of Criminal Procedure, 1973; Section 437 - Seeking pre-deposit of bank guarantee for grant of bail is unsustainable. Makhijani Pushpak Harish v. State of Gujarat, 2023 LiveLaw (SC) 345

Constitution of India, 1950; Article 20 (2) - Code of Criminal Procedure, 1973; Section 173(8) - Further investigation is merely a continuation of the earlier investigation, hence it cannot be said that the accused are being subjected to investigation twice over - Investigation cannot be put at par with prosecution and punishment so as to fall within the ambit of Clause (2) of Article 20 of the Constitution. The principle of double jeopardy would, therefore, not be applicable to further investigation. (Para 77) State v. Hemendhra Reddy, 2023 LiveLaw (SC) 365

Constitution of India, 1950; Article 21 - Whether, given the language employed under Section 385 of the Code of Criminal Procedure, 1973, the present situation constitutes a violation of the accused’s fundamental rights? Held, Protection of the rights under Article 21 entails protection of liberty from any restriction thereupon in the absence of fair legal procedure. Fair legal procedure includes the opportunity for the person filing an appeal to question the conclusions drawn by the trial court. The same can only be done when the record is available with the Court of Appeal. That is the mandate of Section 385 of the CrPC. Therefore, it is not within prudence to lay down a straightjacket formula, held that non­compliance with the mandate of the section, in certain cases contingent upon specific facts and circumstances of the case, would result in a violation of Article 21 of the Constitution of India. (Para 35) Jitendra Kumar Rode v. Union of India, 2023 LiveLaw (SC) 347

Constitution of India, 1950; Article 32 - Plea to restore concession in railway tickets for senior citizens – Cannot entertain the petition under Article 32 of the Constitution of India as the matter involves the policy decision of the Railways whether to restore the railway concession to senior citizens as was done before on the ground of being a welfare State - the matter involving a fiscal issue, it would not be appropriate for this Court to issue writ of this nature, the petitioner seeks and it is for the Government to take a call on the policy decision keeping in mind the needs of the senior citizens and the fiscal repercussions - The writ petition is dismissed. M.K. Balakrishnan v. Union of India, 2023 LiveLaw (SC) 370

Constitution of India, 1950; Articles 14 and 16 - Whether different scales of pay can be fixed for officers appointed to the same cadre, on the basis of educational qualifications possessed by them? - the issue is no longer res integra - classification based on educational qualification is not violative of Articles 14 and 16 of the Constitution of India. State of Gujarat v. Dr. P.A. Bhatt, 2023 LiveLaw (SC) 350

Constitution of India; 1950; Article 200 - Governors must return bills as soon as possible - The first proviso to Article 200 states that the Governor may “as soon as possible after the presentation” of the Bill for assent, return the Bill if it is not a Money Bill together with a message for reconsideration to the House or Houses of the State Legislature. The expression “as soon as possible” has significant constitutional content and must be borne in mind by constitutional authorities. State of Telangana v. Governor, 2023 LiveLaw (SC) 356

Environment (Protection) Rules, 1986 – Rule 5 - The area to be declared as ESZ cannot be uniform and will be Protected Area specific. In some cases, it may be 10 kilometres on one side and 500 meters on the other side. In certain cases, it may not be possible to have a uniform minimum area by virtue of inter-state boundaries or a sea or a river beyond one side of the Protected Area. In any case, a detailed procedure is required to be followed as prescribed under Rule 5 of the 1986 Rules. Once such a notification is issued after following the procedure prescribed under the 1986 Rules, the ESZs will have to be as per the said notification. In Re: T. N. Godavarman Thirumulpad v. Union of India, 2023 LiveLaw (SC) 351

Evidence Act, 1872 - Section 27 permits the derivative use of custodial statement in the ordinary course of events. There is no automatic presumption that the custodial statements have been extracted through compulsion. A fact discovered is an information supplied by the accused in his disclosure statement is a relevant fact and that is only admissible in evidence if something new is discovered or recovered at the instance of the accused which was not within the knowledge of the police before recording the disclosure statement of the accused. The statement of an accused recorded while being in police custody can be split into its components and can be separated from the admissible portions. Such of those components or portions which were the immediate cause of the discovery would be the legal evidence and the rest can be rejected. (Para 18) Siju Kurian v. State of Karnataka, 2023 LiveLaw (SC) 338

Evidence Act, 1872; Section 27 – Confessional statement not liable to be rejected merely because it was recorded in a language not known to the accused through translator. Siju Kurian v. State of Karnataka, 2023 LiveLaw (SC) 338

Foreign Trade Policy of 2015-2020 (FTP) - The bench set aside the judgment of the Gujarat High Court where it had quashed the amending Notifications, i.e., Notification No. 33 / 2015-20 and 79 / 2017-Customs, dated 13.10.2017, by which the Director General of Foreign Trade (DGFT) had imposed the ‘pre-import’ and ‘physical export’ conditions for availing IGST and Compensation Cess exemption on imports made under ‘Advance Authorisation’. Union of India v. Cosmo Films Ltd; 2023 LiveLaw (SC) 367

Foreign Trade Policy of 2015-2020 (FTP) - The Supreme Court has upheld the requirement of a ‘pre-import condition’ incorporated in the Foreign Trade Policy of 2015-2020 (FTP) and Handbook of Procedures 2015-2020 (HBP) to claim exemption of Integrated Goods and Services Tax (IGST) and GST Compensation Cess on inputs imported into India for manufacture of export goods, on the basis of ‘Advance Authorization’. Union of India v. Cosmo Films Ltd; 2023 LiveLaw (SC) 367

Foreign Trade Policy of 2015-2020 (FTP) - While holding that the concept of ‘preimport condition’ was not alien, the court observed that paragraph 4.13 (i) of the FTP itself empowered the DGFT to impose ‘pre-import conditions’ on articles other than those specified in Appendix-4J of the HBP. The bench remarked that the Gujarat High Court had failed to consider the same and had erroneously proceeded on the assumption that only the goods specified in the said Appendix were subject to the ‘pre-import condition’. Union of India v. Cosmo Films Ltd; 2023 LiveLaw (SC) 367

General Sales Tax Act, 1968 (Himachal Pradesh) - Section 16B of the HPGST Act is not ultra vires any provision of law. The bench set aside the judgment of the Himachal Pradesh High Court where it had held that Section 16-B was inconsistent with Section 35 of the SARFAESI Act and was ultra vires the provisions of the Constitution of India. State of Himachal Pradesh v. A.J. Infrastructures Pvt. Ltd; 2023 LiveLaw (SC) 366

General Sales Tax Act, 1968 (Himachal Pradesh); Section 16B - State cannot resort to the provisions of the Himachal Pradesh Land Revenue (HPLR) Act, 1954 for recovering sales tax dues as arrears of land revenue by creating a charge on the mortgaged property under Section 16-B of the HPGST Act, when proceedings under the HPLR Act were not initiated upon notice to the defaulters and the sum owed to the department had not been finally determined. State of Himachal Pradesh v. A.J. Infrastructures Pvt. Ltd; 2023 LiveLaw (SC) 366

Hindu Marriage Act, 1955; Section 13(1)(ia) - Irretrievable breakdown of marriage can be read as "cruelty" - a marital relationship which has only become more bitter and acrimonious over the years, does nothing but inflicts cruelty on both the sides. To keep the façade of this broken marriage alive would be doing injustice to both the parties. A marriage which has broken down irretrievably, in our opinion spells cruelty to both the parties, as in such a relationship each party is treating the other with cruelty. It is therefore a ground for dissolution of marriage under Section 13 (1) (ia) of the Act - Long separation and absence of cohabitation and the complete breakdown of all meaningful bonds and the existing bitterness between the two, has to be read as cruelty under Section 13(1) (ia) of the 1955 Act. (Para 17, 18) Rakesh Raman v. Kavita, 2023 LiveLaw (SC) 353

Income Tax Act, 1961; Section 153A - Block assessment under Section 153A is linked with the search and requisition under Sections 132 and 132A, respectively. Further, the object of assessment under Section 153A is to bring under tax the undisclosed income which is found during the course of search or pursuant to search/requisition. Therefore, the jurisdiction of AO to make assessment is confined to the incriminating material found during the course of search or requisition. Income Tax Act, 1961 - Only in cases where the undisclosed income is found on the basis of incriminating material in search/ requisition, the AO would assume the jurisdiction to assess or reassess the total income for the entire six years block assessment period, even in case of completed/unabated assessment. Principal Commissioner of Income Tax v. Abhisar Buildwell P. Ltd; 2023 LiveLaw (SC) 346

Income Tax Act, 1961; Section 153A - No additions can be made by the Assessing Officer under Section 153A of the Income Tax Act in the absence of any incriminating material found during the course of search under Section 132 or requisition under Section 132 A, in respect of completed / unabated assessments. Principal Commissioner of Income Tax v. Abhisar Buildwell P. Ltd; 2023 LiveLaw (SC) 346

Income Tax Act, 1961; Sections 147, 148 - In case of completed/ unabated assessment, if no incriminating material is found during the search, the only remedy available to the revenue department would be to initiate the reassessment proceedings under Sections 147/148, subject to fulfilment of the specified conditions. Principal Commissioner of Income Tax v. Abhisar Buildwell P. Ltd; 2023 LiveLaw (SC) 346

Intermediate Education Act, 1921 (Uttar Pradesh); Section 16-FF(3) - the process of appointment of Teachers under the Act is not concluded without obtaining the mandatory approval of the District Inspector of Schools (“DIOS”). There is no vested right of the candidate to be appointed merely because the selection process has been completed. Section 16-FF(3) mandates the approval by the DIOS for appointment as the Head of Institution or Teacher. State of Uttar Pradesh v. Rachna Hills, 2023 LiveLaw (SC) 360

Intermediate Education Act, 1921 (Uttar Pradesh); Section 16-FF(3) - the Act does not contemplate ‘deemed appointment’ of a candidate if the District Inspector of Schools (“DIOS”) does not approve the proposal for appointment of the candidate within 15 days period, as given under Regulation 18. The selection process of the candidate concludes only after the mandatory approval of the DIOS is granted. Section 16-FF(3) of the Act itself makes approval by DIOS mandatory for appointment to the post of teacher. Therefore, a Regulation made under the said Act could not have provided for a ‘deemed appointment’. Subordinate legislation cannot transcend the prescription of a statutory provision. State of Uttar Pradesh v. Rachna Hills, 2023 LiveLaw (SC) 360

Intermediate Education Act, 1921 (Uttar Pradesh); Section 16-FF(3) - the vacancies to the teaching posts in Uttar Pradesh which arose prior to amendment of Regulation 17 are to be governed by amended rules. The amendment to Regulation 17 was notified on 12.03.2018 and it now prescribes a written examination for the selection of Teachers in minority institutions. It is a settled principle of law that a candidate has a right to be considered in the light of existing Rules, which implies Rules in force as on the date of consideration. State of Uttar Pradesh v. Rachna Hills, 2023 LiveLaw (SC) 360

Narcotic Drugs and Psychotropic Substances Act, 1985 - Definition of "ganja" under the Act does not include ganja seeds - Ganja seeds not a banned contraband. Hasubhai Kamabhai Thakor v. State of Gujarat, 2023 LiveLaw (SC) 354

Penal Code, 1860 - Section 304B and 498A - Mere death of a wife under unnatural circumstances, in a matrimonial home, within seven years of marriage is not sufficient to convict the husband for dowry death. (Para 23) Charan Singh @ Charanjit Singh v. State of Uttarakhand, 2023 LiveLaw (SC) 341

Penal Code, 1860; Section 120B - For the charge of criminal conspiracy to be established, an agreement between the parties to do an unlawful act must exist. In some cases, direct evidence to establish conspiracy may be absent, but when the lack of evidence is apparent, it is not safe to hold a person guilty under this section. To prove the offence of criminal conspiracy, it is imperative to show a meeting of the minds between the conspirators for the intended common object. (Para 31) Maghavendra Pratap Singh @ Pankaj Singh v. State of Chhattisgarh, 2023 LiveLaw (SC) 358

Penal Code, 1860; Section 120B - the accused cannot be convicted of criminal conspiracy solely for having concealed the location of the incriminating materials / articles and, in the absence of any evidence establishing meeting of the minds. Given that all the other co­accused have been acquitted by the courts below, meaning they were innocent of the crime, the fundamental requirement of a criminal conspiracy is not met. Needless to say, the charge of criminal conspiracy also fails on the ground that a single person cannot hatch a conspiracy. (Para 32, 33) Maghavendra Pratap Singh @ Pankaj Singh v. State of Chhattisgarh, 2023 LiveLaw (SC) 358

Penal Code, 1860; Section 120B - The charge of criminal conspiracy requires meeting of the minds prior to commission of offence, and with four of the five appeals being allowed and only the present appellant being convicted, the basic requirement of the section, that is of two or more persons agreeing to or causing to be done an illegal act or an act which is not per se illegal but it is done by illegal means, is not met. (Para 34) Maghavendra Pratap Singh @ Pankaj Singh v. State of Chhattisgarh, 2023 LiveLaw (SC) 358

Penal Code, 1860; Section 302 – the Supreme Court commutes death sentence of accused who murdered his sister & her lover from another caste; takes note of 'social pressure’ - Accused, who has been sentenced to capital punishment, was a young boy of about 25 years at the time of the incident. The medical evidence would further reveal that the accused have not acted in a brutal manner, inasmuch as there is only single injury inflicted on both the deceased. As such, the present case cannot be considered to be ‘rarest of rare’ case. Thus, the Court after taking into consideration, the young age of the accused at the time of incidence, the manner in which the crime was committed, no criminal antecedent of the accused and the report of the Probation Officer as well as the Superintendent of the Correctional Home in which the accused is serving his sentence, commuted the death sentence imposed on the accused to the life imprisonment. Digambar v. State of Maharashtra, 2023 LiveLaw (SC) 361

Penal Code, 1860; Section 420 - Looking to the averments and allegations in the complaint, it is not appreciable at all, how the appellants are alleged to have committed the offence of cheating. The ingredients for the offence of cheating are not at all satisfied. There is no question of deceiving any person, fraudulently or dishonestly to deliver any property to any person. Therefore, even on bare reading of the averments and allegations in the complaint, no case even remotely for the offence under Section 420 IPC is made out. (Para 5.6) Sukhbir Singh Badal v. Balwant Singh Khera, 2023 LiveLaw (SC) 359

Penal Code, 1860; Sections 420, 465, 466, 467, 468, 471 - Representation of People Act, 1951; Section 29A – Allegation that the Memorandum annexed with the application for registration was false – Held, Even the application under Section 29A of the Act, 1951 was made as far as back in the year 1989 and thereafter even the respondent No. 1 filed the complaint before the ECI, which came to be dismissed by the ECI and thereafter the present complaint has been filed in the year 2009, i.e., after a period of 20 years from the date of filing of the application for registration under Section 29-A of the Act, 1951, which was made in the year 1989. Even assuming the complaint’s averments to be true, do not make out the ingredients of the offences, for which the learned Trial Court has passed the summoning order. (Para 5.12, 6) Sukhbir Singh Badal v. Balwant Singh Khera, 2023 LiveLaw (SC) 359

Penal Code, 1860; Sections 463, 464 and 471 - For the offence of forgery, there must be making of a false document with intent to cause damage or injury to the public or to any person. Therefore, making the false documents is sine qua non - Making a false claim and creating and producing the false document both are different and distinct. (Para 5.9) Sukhbir Singh Badal v. Balwant Singh Khera, 2023 LiveLaw (SC) 359

Prevention of Corruption Act, 1988; Section 13(1)(e) - Second proviso is in the nature of additional safeguard for the public servant who are accused of the offence punishable under Section 13(1)(e) of the 1988 Act against an investigation by a police officer without the knowledge and consent of superior police officer not below the rank of Superintendent of Police. A superior police officer of the rank of Superintendent of Police or any officer higher in rank is required to pass an order before an investigation, if any, for such offence is commenced. It is needless to point-out that, before directing such investigation, the Superintendent of Police or an officer superior to him is required to apply his mind to the information and come to an opinion that the investigation on such allegations is necessary. (Para 88) State v. Hemendhra Reddy, 2023 LiveLaw (SC) 365

Registration Act, 1908; Section 17 - High Court cannot exercise writ jurisdiction under Article 226 of the Constitution to alter or amend registered lease deed. (Para 18) Gwalior Development Authority v. Bhanu Pratap Singh, 2023 LiveLaw (SC) 340

Rent Control Act, 1958 (Delhi); Section 25B(8) - When the Rent Controller permits eviction of tenants on the ground of bona fide requirement by the Landlord after perusing facts and evidence on record, then such order cannot be set aside by the High Court in review under Section 25-B(8) upon the ground that the description of property was not proper in the application. Kusum Lata Sharma v Arvind Singh, 2023 LiveLaw (SC) 368

Representation of People Act, 1951; Section 29A - Not expressed anything on the Constitution of the Party - Shiromani Akali Dal (Badal) and the present order shall not affect the pending proceedings before the High Court of Delhi, which is reported to be pending against the order passed by the ECI. (Para 7) Sukhbir Singh Badal v. Balwant Singh Khera, 2023 LiveLaw (SC) 359

Rights of Persons with Disability Act, 2016 - Supreme Court passed guidelines to ensure better accessibility for candidates with disability to appear in CLAT examination. Arnab Roy v. Consortium of National Law Universities, 2023 LiveLaw (SC) 349

Specific Relief Act, 1963; Section 31 - Action instituted under Section 31 for cancellation of an instrument is not an action in rem. Asian Avenues Pvt. Ltd. v. Sri Syed Shoukat Hussain, 2023 LiveLaw (SC) 369

Stamps Act, 1899; Proviso to Section 27 - Registration Authorities are empowered under the proviso to Section 27 of the Indian Stamps Act, as inserted by the Andhra Pradesh Amending Act, 1988, to inspect the property, which is the subject matter of the instrument, make necessary enquiries and satisfy itself that the provisions of Section 27, which requires that all facts affecting the levy of Stamp Duty are fully and truly set forth in instrument, are complied with. Sub Registrar, Amudalavalasa v. Dankuni Steels Ltd., 2023 LiveLaw (SC) 357

Transfer of Property Act, 1882; Section 8 - In the absence of an express or implied indication, a transfer of land would pass to the transferee all things attached to the earth, including the plant and machinery embedded on the land - Merely because no express reference to plant and machinery was contained in the Recital Clause of the Sale Deed, it cannot mean that the interest in the plant and machinery which stood attached to the land which was scheduled in the Deed, was not conveyed to the vendee. Therefore, the value of plant and machinery must also be ascertained for computation of stamp duty - Only such plant and machinery, which was permanently embedded to the earth and answered the description of the immovable property, as defined in law, can be said to have been conveyed under the deed. Sub Registrar, Amudalavalasa v. Dankuni Steels Ltd., 2023 LiveLaw (SC) 357

Work Charged Establishment Revised Service Conditions (Repealing) Rules, 2013 – Rule 5(v) – Pension - Qualifying service for pension – Service rendered as work charge – Dispute over counting of the period of work charged services for the purpose of computing pensionary benefits and the length of pensionable service - Entire service as work-charged employee cannot be counted towards pension – The work charged employees are not appointed on a substantive post. They are not appointed after due process of selection and as per the recruitment rules. Therefore, the services rendered as work charged cannot be counted for the purpose of pension or quantum of pension. Uday Pratap Thakur v. State of Bihar, 2023 LiveLaw (SC) 371

NOMINAL INDEX

1. Arnab Roy v. Consortium of National Law Universities, 2023 LiveLaw (SC) 349
2. Asian Avenues Pvt. Ltd. v. Sri Syed Shoukat Hussain, 2023 LiveLaw (SC) 369
3. Charan Singh @ Charanjit Singh v. State of Uttarakhand, 2023 LiveLaw (SC) 341
4. Commissioner of Income Tax, Jaipur v. Prakash Chand Lunia, 2023 LiveLaw (SC) 348
5. Digambar v. State of Maharashtra, 2023 LiveLaw (SC) 361
6. Gwalior Development Authority v. Bhanu Pratap Singh, 2023 LiveLaw (SC) 340
7. Hasubhai Kamabhai Thakor v. State of Gujarat, 2023 LiveLaw (SC) 354
8. In re : Delhi Metro Rail Corporation (DMRC), 2023 LiveLaw (SC) 363
9. In Re: T. N. Godavarman Thirumulpad v. Union of India, 2023 LiveLaw (SC) 351
10. In re: T.N. Godavarman v. Union of India, 2023 LiveLaw (SC) 362
11. Jitendra Kumar Rode v. Union of India, 2023 LiveLaw (SC) 347
12. Kusum Lata Sharma v Arvind Singh, 2023 LiveLaw (SC) 368
13. M.K. Balakrishnan v. Union of India, 2023 LiveLaw (SC) 370
14. Maghavendra Pratap Singh @ Pankaj Singh v. State of Chhattisgarh, 2023 LiveLaw (SC) 358
15. Makhijani Pushpak Harish v. State of Gujarat, 2023 LiveLaw (SC) 345
16. N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd., 2023 LiveLaw (SC) 343
17. Nagarmal Modi Sewa Sadan v. Prem Prakash Rajagaria, 2023 LiveLaw (SC) 344
18. Principal Commissioner of Income Tax v. Abhisar Buildwell P. Ltd; 2023 LiveLaw (SC) 346
19. Rajasthan Industrial Development and Investment Corporation v. Arfat Petrochemicals, 2023 LiveLaw (SC) 337
20. Rakesh Raman v. Kavita, 2023 LiveLaw (SC) 353
21. Ritu Chhabaria v. Union of India, 2023 LiveLaw (SC) 352
22. Seethamal v. Narayanasamy, 2023 LiveLaw (SC) 342
23. Siju Kurian v State of Karnataka, 2023 LiveLaw (SC) 338
24. State of Gujarat v. Dr. P.A. Bhatt, 2023 LiveLaw (SC) 350
25. State of Himachal Pradesh v. A.J. Infrastructures Pvt. Ltd; 2023 LiveLaw (SC) 366
26. State of Telangana v. Governor, 2023 LiveLaw (SC) 356
27. State of Uttar Pradesh v. Rachna Hills, 2023 LiveLaw (SC) 360
28. State v. Hemendhra Reddy, 2023 LiveLaw (SC) 365
29. Sub Registrar, Amudalavalasa v. Dankuni Steels Ltd., 2023 LiveLaw (SC) 357
30. Sukhbir Singh Badal v. Balwant Singh Khera, 2023 LiveLaw (SC) 359
31. Suneetha Narreddy v. Y.S. Avinash Reddy, 2023 LiveLaw (SC) 355
32. Uday Pratap Thakur v. State of Bihar, 2023 LiveLaw (SC) 371
33. Union of India v. Cosmo Films Ltd; 2023 LiveLaw (SC) 367
34. Uttar Haryana Bijli Vitran Nigam Ltd. v. Adani Power (Mundra) Ltd; 2023 LiveLaw (SC) 339
35. Veena Vadini Teachers Training Institute v. State of Madhya Pradesh, 2023 LiveLaw (SC) 364