Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (May 30 - June 5, 2022)
Ancient Monuments and Archaeological Sites and Remains Act, 1958; Sections 20A, 20C, 20D -The repairs and renovation of the buildings, which are existing and the constructions which are necessary for providing basic facilities like drainage, toilets, water supply and distribution of electricity are kept out of the rigour of requirement of statutory permissions. (Para 51) Ardhendu Kumar...
Ancient Monuments and Archaeological Sites and Remains Act, 1958; Sections 20A, 20C, 20D -The repairs and renovation of the buildings, which are existing and the constructions which are necessary for providing basic facilities like drainage, toilets, water supply and distribution of electricity are kept out of the rigour of requirement of statutory permissions. (Para 51) Ardhendu Kumar Das v. State of Odisha, 2022 LiveLaw (SC) 539
Ancient Monuments and Archaeological Sites and Remains Act, 1958; Sections 20A, 20C, 20D - When subsection (4) of Section 20A of the said Act is read in harmony with clause (dc) of Section 2 and the provisions of Sections 20C and 20D of the said Act, we find that the submission that no construction at all can be made in the prohibited area or the regulated area, would be unsustainable. (Para 41) Ardhendu Kumar Das v. State of Odisha, 2022 LiveLaw (SC) 539
Ancient Monuments and Archaeological Sites and Remains Act, 1958; Section 2(dc) - Definition of "Construction" - The legislative intent is clear that the reconstruction,repair, renovation of the existing buildings has been excluded from the definition. Similarly, the construction, maintenance etc. of drains, drainage works, public latrines and urinals; the construction and maintenance of works meant for providing supply of water to public; and construction etc. for distribution of electricity, which could be construed to be essential services for catering to the needs of the public at large, have consciously been kept out of the definition of "construction". (Para 41, 42) Ardhendu Kumar Das v. State of Odisha, 2022 LiveLaw (SC) 539
Constitution of India- Judicial Interference in policy matters - APM Terminals B.V. v. Union of India and Anr. - consistent view of the Court - a change in policy by the Government can have an overriding effect over private treaties between the Government and a private party, if the same was in the general public interest - provide such change in policy was guided by reason - in case of conflict between public interest and personal interest, public interest should prevail - when a policy is changed by the State, which is in the general public interest, such policy would prevail over the individual rights/interests - in the present case, the policy change was not only in the larger public interest but also in the interest of the respondents/original allottees of plots of land [Para 61 - 63 & 65] Yamuna Expressway Industrial Development Authority v. Shakuntla Education and Welfare Society, 2022 LiveLaw (SC) 536
Constitution of India, 1950; Article 226 - Tender - High Court dismissed WPs challenging acceptance of tender following observations made in M/s N. G. Projects Ltd. Vs. M/s Vinod Kumar Jain and others, 2022 LiveLaw (SC) 302 - Appeal allowed - High court has totally misread the Judgment - Respondent was declared eligible in a flagrant violation of principles of natural justice and all fairness in the process of determining the eligibility of the tenderers. Jai Bholenath Construction v. Chief Executive Officer, Zilla Parishad Nanded, 2022 LiveLaw (SC) 542
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
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
Environment (Protection) Act 1986; Section 3 - Guidelines issued by the Union Ministry on February 9 2011 for Ecologically Sensitive Zones near protected forests held to be reasonable - Further directions issued in relation to ESZ -No new permanent structure shall be permitted to come up for whatsoever purpose within the ESZ - Mining within the national parks and wildlife sanctuaries shall not be permitted. (Para 44) In Re : TN Godavarman Thirumalpad v. Union of India, 2022 LiveLaw (SC) 540
Environmental Law - Public Trust Doctrine - Public Trust Doctrine is part of the law of land - The role of the State cannot be confined to that of a facilitator or generator of economic activities for immediate upliftment of the fortunes of the State. The State also has to act as a trustee for the benefit of the general public in relation to the natural resources so that sustainable development can be achieved in the long term. Such role of the State is more relevant today, than, possibly, at any point of time in history with the threat of climate catastrophe resulting from global warming looming large. (Para 28) In Re : TN Godavarman Thirumalpad v. Union of India, 2022 LiveLaw (SC) 540
Insolvency and Bankruptcy Code 2016; Section 5(8), 5(7) - A liability in respect of a claim arising out of a Recovery Certificate would be a "financial debt" - The holder of the Recovery Certificate would be a financial creditor and would be entitled to initiate CIRP, if initiated within a period of three years from the date of issuance of the Recovery Certificate - Affirmed the view taken in Dena Bank (Now Bank of Baroda) vs. C. Shivakumar Reddy (2021) 10 SCC 330. (Para 84-85) Kotak Mahindra Bank ltd. v. A. Balakrishna, 2022 LiveLaw (SC) 534
Insolvency and Bankruptcy Code, 2016; Section 12A - When 90% and more of the creditors, in their wisdom after due deliberations, find that it will be in the interest of all the stakeholders to permit settlement and withdraw CIRP, in our view, the adjudicating authority or the appellate authority cannot sit in an appeal over the commercial wisdom of CoC. The interference would be warranted only when the adjudicating authority or the appellate authority finds the decision of the CoC to be wholly capricious, arbitrary, irrational and de hors the provisions of the statute or the Rules. (Para 24) Vallal Rck v. M/s. Siva Industries and Holdings Ltd; 2022 LiveLaw (SC) 541
Interpretation of Statutes - All the provisions in the Statute have to be construed in context with each other and no provision can be read in isolation - The provisions of a statue ought to be interpreted in such a manner which would advance the object and purpose of the enactment. (Para 39-41) Kotak Mahindra Bank ltd. v. A. Balakrishna, 2022 LiveLaw (SC) 534
Interpretation of Statutes - It is a settled principle of law that all the provisions in the statute have to be read harmoniously. It is presumed that each and every provision has been brought by the legislature into the statute book with some purpose. A particular provision cannot be read in isolation and has to be read in context to each other. An attempt has to be made to reconcile all the provisions of the statute together, unless it is impossible. (Para 40) Ardhendu Kumar Das v. State of Odisha, 2022 LiveLaw (SC) 539
Interpretation of Statutes - When the language of a statutory provision is plain and unambiguous, it is not permissible for the Court to add or subtract words to a statute or read something into it which is not there. It cannot rewrite or recast legislation. (Para 75) Kotak Mahindra Bank ltd. v. A. Balakrishna, 2022 LiveLaw (SC) 534
Precedent - Per Incuriam - "Incuria" literally means "carelessness". A decision or judgment can be per incuriam any provision in a statute, rule or regulation, which was not brought to the notice of the Court. It can also be per incuriam if it is not possible to reconcile its ratio with that of a previously pronounced judgment of a coequal or larger Bench. (Para 67) Kotak Mahindra Bank ltd. v. A. Balakrishna, 2022 LiveLaw (SC) 534
Public Interest Litigation - Frivolous PILs should be nipped in the bud - In the recent past, it is noticed that there is mushroom growth of public interest litigations. However, in many of such petitions, there is no public interest involved at all. The petitions are either publicity interest litigations or personal interest litigation. We highly deprecate practice of filing such frivolous petitions. They are nothing but abuse of process of law. They encroach upon a valuable judicial time which could be otherwise utilized for considering genuine issues. It is high time that such socalled public interest litigations are nipped in the bud so that the developmental activities in the larger public interest are not stalled. (Para 59) Ardhendu Kumar Das v. State of Odisha, 2022 LiveLaw (SC) 539
Right of Children to Free and Compulsory Education Act, 2009 - Chapter III of the Act incorporates the 'Duties of Appropriate Government, Local Authority and Parents'. Chapter IV, adopting the same rigour imposes 'Responsibilities of the Schools and Teachers'. This significant feature, imposing duties is over and above the Right to Free and Compulsory Education of every child provided in Chapter II of the Act. It is also the duty of the Constitutional Courts to recognize and interpret these Articles in the same spirit and give effect to the provisions of the Act. (Para 4.2) Pragya Higher Secondary School v. National Institute of Open Schooling, 2022 LiveLaw (SC) 535
Service Law - Pension - Pension is a continuous cause of action - No justification in denying the arrears of pension on ground of delay. M.L. Patil v. State of Goa, 2022 LiveLaw (SC) 537
Words and Phrases - "Include" - When the word "include" is used in interpretation clauses, the effect would be to enlarge the meaning of the words or phrases occurring in the body of the statute. Such interpretation clause is to be so used that those words or phrases must be construed as comprehending, not only such things, as they signify according to their natural import, but also those things which the interpretation clause declares that they shall include. In such a situation, there would be no warrant or justification in giving the restricted meaning to the provision. (Para 47) Kotak Mahindra Bank ltd. v. A. Balakrishna, 2022 LiveLaw (SC) 534
2022 LiveLaw (SC) June Weekly Nominal Index Part 1 (534 to 542)
- Ardhendu Kumar Das v. State of Odisha, 2022 LiveLaw (SC) 539
- In Re : TN Godavarman Thirumalpad v. Union of India, 2022 LiveLaw (SC) 540
- Jai Bholenath Construction v. Chief Executive Officer, Zilla Parishad Nanded, 2022 LiveLaw (SC) 542
- Kotak Mahindra Bank ltd. v. A. Balakrishna, 2022 LiveLaw (SC) 534
- M.L. Patil v. State of Goa, 2022 LiveLaw (SC) 537
- Mohamad Iliyas Mohamad Bilal Kapadiya v. State of Gujarat, 2022 LiveLaw (SC) 538
- Pragya Higher Secondary School v. National Institute of Open Schooling, 2022 LiveLaw (SC) 535
- Vallal Rck v. M/s. Siva Industries and Holdings Ltd; 2022 LiveLaw (SC) 541
- Yamuna Expressway Industrial Development Authority v. Shakuntla Education and Welfare Society, 2022 LiveLaw (SC) 536