Supreme Court Annual Digest 2023 - Civil Minor Acts

Administrative Tribunals Act, 1985

Administrative Tribunals Act 1985 - The relevant State Government has the implied power to issue a request to abolish the SAT in its state to the Union Government. The Union Government in turn has the implied power to rescind the notification by which that SAT was established, thereby abolishing the SAT. (Para 59) Orissa Administrative Tribunal Bar Association v. Union of India, 2023 LiveLaw (SC) 216 : 2023 INSC 271

Administrative Tribunals Act, 1985 - The Union Government did not become functus officio after establishing the Odisha Administrative Tribunal because the doctrine cannot ordinarily be applied in cases where the government is formulating and implementing a policy. (Para 128 (f)) Orissa Administrative Tribunal Bar Association v. Union of India, 2023 LiveLaw (SC) 216 : 2023 INSC 271

Advocates Act, 1961

Advocates Act, 1961 - Bar Council of India can prescribe that only graduates from recognized law colleges can enrol as advocates. The rule framed by BCI requiring a candidate for enrolment as an Advocate to have completed his law course from a college recognized/ approved by BCI cannot be said to be invalid. Bar Council of India v. Rabi Sahu, 2023 LiveLaw (SC) 481 : 2023 INSC 577

Advocates Act, 1961 - Bar Council of India Certificate and Place of Practice (Verification) Rules 2015 - Having regard to the larger dimensions of this matter and the direct impact which the enrollment of fake degree holders and other persons who are not found to be in possession of the qualifications required for entry into the Bar have on the administration of justice, we accede to the suggestion of the Bar Council of India that a High Powered Committee should be constituted by this Court to monitor the process of verification. In our view, such a High-Powered Committee should be chaired by a former Judge of this Court and its members should consist of: (i) two Judges of the High Court; (ii) two senior advocates; and (iii) three members of the Bar Council of India. (Para 13) Ajay Shankar Srivastava v. Bar Council of India, 2023 LiveLaw (SC) 307 : 2023 INSC 346 : (2023) 6 SCC 144

Advocates Act 1961 - No provisions prohibit BCI from prescribing pre-enrolment exam- Neither these provisions, nor the role of the universities to impart legal education, in any way, prohibit the Bar Council of India from conducting pre-enrolment examination, as the Council is directly concerned with the standard of persons who want to obtain a license to practice law as a profession. (Para 20) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96 : AIR 2023 SC 854 : 2023 INSC 116 : (2023) 2 SCR 343

Advocates Act 1961 - Quality of lawyers is an important aspect and part of administration of justice and access to justice. Half baked lawyers serve no purpose. It is this quality control, which has been the endeavour of all the efforts made over a period of time. (Para 19) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96 : AIR 2023 SC 854 : 2023 INSC 116 : (2023) 2 SCR 343

Advocates Act 1961 - The objective of the legislature while giving wide powers to the Bar Council of India under Section 49 of the Advocates Act which gives it the power to prescribe rules, read with Clause (d) of Sub-section (3) of Section 24, which gives it the power to prescribe norms for entitlement to be enrolled as an advocate under the rules of the Bar Council of India, leads us to the conclusion that these are adequate powers with the Bar Council of India under the said act to provide for such norms and rules. We are, therefore, of the view that while considering the question referred to us, the only conclusion is that the interdict placed by the judgement of this court in V. Sudeer on the powers of the Bar Council of India cannot be sustained and we cannot hold that this decision laid down the correct position of law. The effect of the view expressed by us would be that it is left to the Bar Council of India as to at what stage, the All-India Bar Examination will be held, that is, pre-enrolment, or post-enrolment. (Para 33) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96 : AIR 2023 SC 854 : 2023 INSC 116 : (2023) 2 SCR 343

Abkari Act; Section 8 - The testimonies of official witnesses cannot be discarded simply because independent witnesses were not examined - the person receiving the information of the crime or detecting the occurrence thereof, can investigate the same. Questioning such an investigation on the basis of bias or such like factor, would depend on the facts and circumstances of each case. It is not amenable to a general unqualified rule that lends itself to uniform application. (Para 16-26) Sathyan v. State of Kerala, 2023 LiveLaw (SC) 627 : 2023 INSC 703

Advocates Act, 1961; Section 35 - Professional Misconduct - Advocate did not disclose that his wife was the opposite party in the property dispute case taken up by him - Upheld the decision of the Bar Council of India to suspend the license - Advocate's son, who was assisting his father as his junior colleague, was let off with an undertaking that he won't commit any misconduct in future. Laxman Bappa Ji Naik v. Ranjeet @ Ranu Yadav Dokh, 2023 LiveLaw (SC) 635

Airports Authority of India Act, 1994

Airports Authority of India Act, 1994; Section 22A - “User development fee” (UDF) levied and collected by the airport operation, maintenance, and development entities from passengers, is a statutory levy, and thus, it is not subjected to levy of service tax under the provisions of the Finance Act, 1994. There is a distinction between the charges, fee and rent collected under Section 22 of the AAI Act and the UDF levied and collected under Section 22A of the AAI Act, the UDF is in the form of a 'tax or cess' collected for financing the cost of future projects. There was no consideration for the services provided by the assessee-entities to the customer, visitors, passengers, vendors, etc. As a part of the Union's economic policies, the upgradation and renovation of airports are funded through UDF, which is a statutory levy, the fact that the UDF amount is not deposited in a government treasury, per se, does not make it any less a statutory levy or compulsory exaction. Nor does its discretionary nature render it any less a statutory levy. Merely because the funds are kept in an escrow account, and their utilization is monitored separately, it does not undermine the public nature of the funds in any manner. Central GST Delhi – III v. Delhi International Airport Ltd., 2023 LiveLaw (SC) 457 : 2023 INSC 572

Army Act, 1950

Army Act, 1950 - Discipline is the implicit hallmark of the Armed Forces and a nonnegotiable condition of service. (Para 10) Ex Sepoy Madan Prasad v. Union of India, 2023 LiveLaw (SC) 580 : 2023 INSC 656

Army Act, 1950; Sections 45 and 63 - Miscellanious application filed by UoI seeking clarification of Joseph Shine v. Union of India (2019) 3 SCC 39) - This Court was neither called upon nor has it ventured to pronounce on the effect of Sections 45 and 63 of the 1950 Act as also the corresponding provisions in other Acts or any other provisions of the Acts. We only make this position clear. Joseph Shine v. Union of India, 2023 LiveLaw (SC) 117 : 2023 INSC 87

Assigned Lands (Prohibition of Transfers) Act, 1977 (Andhra Pradesh)

Assigned Lands (Prohibition of Transfers) Act, 1977 (Andhra Pradesh) - Serious allegations prevail against the Appellants for being involved with the land mafia to usurp the Subject Land for private interests which was the precise reason for the Government to introduce legislation in the nature of the 1977 Act. Held, the Appellants are not entitled to any compensation under the existing constitutional framework. The proceedings emanating out of the second show cause notice (SCN) were valid; the Subject Land was non-alienable and hence was subject to the provisions of the 1977 Act. The Appellants had transferred the Subject Land in contravention to the provisions of 1977 Act and therefore, the resultant resumption order dated 27.01.2007 is valid. The Appellants are also not entitled to any compensation on account of the requisition of the assigned land. (Para 74 & 75) Yadaiah v State of Telangana, 2023 LiveLaw (SC) 590 : 2023 INSC 664

Assigned Lands (Prohibition of Transfers) Act, 1977 (Andhra Pradesh) - The parties have been litigating since the year 1994. During these decades, the Subject Land has acquired enormous value. Some of the documents on record do indicate that land mafia has already ousted the gullible Assignees and now have vulture's eyes on the land. Additionally, 'Greyhounds Commando Force', a security agency of paramount national importance, currently occupies the Subject Land in public interest. The Subject Land in its entirety is declared to have vested in the State Government. On further allotment, its ownership and possessory rights, free from all encumbrances, stand transferred in favour of the Greyhounds Commando Force. No Civil Court or High Court shall entertain any claim whatsoever on behalf of any Assignee, their legal representative, GPA holder or any other claimant under any Agreement to sell or other instruments, claiming direct or indirect interests in the Subject Land. There shall be a final quietus of title and possessory dispute over the Subject Land in favour of the Respondent­State and/or the agency to whom the said land has been allotted. (Para 76) Yadaiah v State of Telangana, 2023 LiveLaw (SC) 590 : 2023 INSC 664

Banking Regulation Act, 1949

Banking Regulation Act, 1949 - Income Tax Act, 1961 - National Bank for Agriculture and Rural Development Act,1981 - If a cooperative society does not transact the business of banking as defined in Section 5 (b) of the BR Act, it would not be a cooperative bank. Thus, if a co-operative society is not a 'co-operative bank' within the meaning of Section 56 of the BR Act, then such an entity would be entitled to deduction under Section 80P of the Income Tax Act. But on the other hand, if it is a co-operative bank within the meaning of Section 56 of BR Act, 1949 read with the provisions of NABARD Act, 1981, then it would not be entitled to the benefit of deduction under sub-section (4) of Section 80P of the Act. (Para 15.8) Kerala State Co-Operative Agricultural and Rural Development Bank Ltd. v. Assessing Officer, 2023 LiveLaw (SC) 786 : 2023 INSC 830

Border Security Force Act, 1968

Border Security Force Act, 1968 - Even if the Officer pleads guilty of misconduct, the Court has to satisfy that the confession is voluntary. (Para 38) Union of India v. Jogeshwar Swain, 2023 LiveLaw (SC) 758 : 2023 INSC 802

Border Security Force Act, 1968 - Supreme Court quashes the order of General Security Force Court imposing dismissal from service, imprisonment for 10 years and fine of 1 lakh on a a BSF commandment for allegedly allowing cross-border transport of substances banned under the NDPS Act-appellant held entitled to full retiral benefits from the date of his superannuation till date. B.S. Hari Commandant v. Union of India, 2023 LiveLaw (SC) 303 : 2023 INSC 369

Cantonments Act, 2006

Cantonments Act, 2006 - A property sealed by Cantonment Board alleging unauthorized construction cannot be requested to be 'de-sealed', while the building plan of that Property has not yet been sanctioned by the Cantonment. (Para 15) Ram Kishan v. Manish Kumar, 2023 LiveLaw (SC) 568 : 2023 INSC 640

Carriage by Road Act, 2007

Carriage by Road Act, 2007; Section 16 - Suit and legal proceedings in connection with the loss or damage to the consignment alone are covered by Section 16 for which purpose, a notice is mandatory. The said provision has no application in reference to loss of any other kind or the suit or legal proceedings instituted for recovery of damages in respect of loss of different nature. (Para 17-19) ESSEMM Logistics v. DARCL Logistics Ltd; 2023 LiveLaw (SC) 378 : AIR 2023 SC 2140 : 2023 INSC 471

CCS Pension Rules

CCS Pension Rules, 1972; Rule 2(g) and 17 - Past service as a contractual employee is to be taken into account for pension. (Para 9) State of Himachal Pradesh v. Sheela Devi, 2023 LiveLaw (SC) 662

CCS Pension Rules; Rule 26 (2) - Unauthorized resignation from government service for another government job will result in the forfeiture of past service and pension benefits. (Para 17) Union of India v. H.R. Vijaya Kumar, 2023 LiveLaw (SC) 807

Central Civil Services (Pension) Rules 1972

Central Civil Services (Pension) Rules 1972; Rule 13 - Service rendered as casual / contractual cannot be said to be service rendered on a substantive appointment - Can't be counted towards qualifying services for pensionary benefits - The High Court has materially erred in observing that the contractual service would be qualified as service in a temporary capacity. Director General, Doordarshan Prasar Bharti Corporation v. Magi H. Desai, 2023 LiveLaw (SC) 248 : AIR 2023 SC 1623 : 2023 INSC 290

Central Civil Services (Pension) Rules, 1972; Rule 54(14)(b) - A case where a child is born to the deceased government servant after his death has to be contrasted with a case where a child is adopted by the widow of a government servant after his death. The former category of heirs are covered under the definition of family since such a child would be a posthumous child of the deceased government servant. (Para 14) Shri Ram Shridhar Chimurkar v. Union of India, 2023 LiveLaw (SC) 40 : AIR 2023 SC 618 : (2023) 4 SCC 312 : (2023) 1 SCR 931 : 2023 INSC 49

Central Civil Services (Pension) Rules, 1972; Rule 54(14)(b) - Hindu Adoptions and Maintenance Act, 1956; Sections 8 and 12 - Family Pension - A son or daughter adopted by the widow of a deceased government servant, after the death of the government servant, could not be included within the definition of 'family' - Rights and entitlements of an adopted son of a Hindu widow, as available in Hindu Law, as against his adoptive family, cannot axiomatically be held to be available to such adopted son, as against the government, in a case specifically governed by extant pension rules. (Para 10-12) Shri Ram Shridhar Chimurkar v. Union of India, 2023 LiveLaw (SC) 40 : AIR 2023 SC 618 : (2023) 4 SCC 312 : (2023) 1 SCR 931 : 2023 INSC 49

Central Civil Services (Pension) Rules, 1972; Rule 54(14)(b) - The phrase “in relation to a government servant” would indicate that the categories of persons listed thereunder, such as wife, husband, judicially separated wife or husband, son or unmarried daughter who has not attained the age of twenty-five years, adopted son or daughter, etc. are sought to be brought into association with the deceased government servant. The context requires that association or connection of such persons with the deceased government servant must be direct and not remote. The said Rule requires that the family member must have a close nexus with the deceased government servant, and must have been dependent on him during his lifetime. (Para 11.1) Shri Ram Shridhar Chimurkar v. Union of India, 2023 LiveLaw (SC) 40 : AIR 2023 SC 618 : (2023) 4 SCC 312 : (2023) 1 SCR 931 : 2023 INSC 49

Central Excise Act, 1944

Central Excise Act, 1944 - In order to determine whether a product would fall under the description of “Intravenous Fluids” so as to be eligible for exemption from excise duty, it is the composition of the product in question which is relevant and not whether the product is used for treatment of any particular disease. The veterinary products 'Calcium Borogluconate Injection (I.P.) (Vet.)' and 'Calcium Magnesium Borogluconate Injection (I.P.) (Vet.)' manufactured by the assessee fell under the description of “Intravenous Fluids”, and thus were eligible for exemption from excise duty. Commissioner of Central Excise v. Denis Chem Lab Ltd., 2023 LiveLaw (SC) 650

Central Excise Act, 1944 - No separate notice under Section 11A of the Central Excise Act is necessary for the recovery of erroneous refund - Once the order in original sanctioning the refund came to be set aside in a proceeding under Section 35E of the Act and the proceedings under Section 35E was initiated within the time prescribed under Section 35E of the Act, thereafter there is no question of any further notice under Section 11A of the Central Excise Act. Commissioner of Central Excise v. Morarjee Gokuldas Spg. & Wvg. Co.Ltd., 2023 LiveLaw (SC) 259 : 2023 INSC 285

Central Excise Act, 1944; Section 4(A) - For a sale of goods to qualify for assessment benefits under Section 4(A) of the Act, it must be a retail sale, and there must be a mandate of law that directs the seller to affix a retail price on the goods for a sale to be considered a retail sale. Commissioner of Central Excise & Service v. A.R. Polymers Pvt. Ltd., 2023 LiveLaw (SC) 223 : (2023) 2 SCR 1147 : 2023 INSC 268

Central Excise Act, 1994; Section 4(4)(c) - Test to determine "related party"- buyer and seller had to be interested in one another's businesses. Since two-way traffic is required, there shouldn't be any one-way traffic. Bilag Industries P. Ltd. v. Commr. of Cen. Exc. Daman, 2023 LiveLaw (SC) 257 : 2023 INSC 274

Central Excise Act, 1944; Section 11A(1) - The Supreme Court has upheld the decision of the Ahmedabad bench of the CESTAT by holding the demand for differential excise duty raised against the assessee, M/s Reliance Industries Ltd, as time barred. The court dismissed the contention that Reliance had deliberately suppressed and withheld material information and documents from the departmental officers by not filing the same and thus, the ground for invoking the extended period of limitation available under the proviso to Section 11A (1) of the Central Excise Act, 1944 was available to the Department. The bench held that during the relevant period in consideration, i.e., September 2000 to March 2004, Reliance was holding a bonafide belief that it was correctly discharging its duty liability by relying on the CESTAT's decision dated 28.7.2000 in the case of M/s IFGL Refractories Ltd, even though the same was overturned by the Supreme Court on 9.8.2005. Commissioner, Central Excise and Customs v. Reliance Industries Ltd., 2023 LiveLaw (SC) 512 : 2023 INSC 591

Central Excise and Salt Act, 1944

Central Excise and Salt Act, 1944 - Supreme Court endorses Delhi High Court judgment upholding Section 9D - Pulls up cigarette company for protracting proceedings - Asks it to pay Rs 5 lakh cost to any charitable organisation involved in providing help, assistance and relief to children suffering from cancer. GTC Industries Ltd v. Collector of Central Excise, 2023 LiveLaw (SC) 107 : 2023 INSC 111

Central Excise Tariff Act, 1985

Central Excise Tariff Act, 1985 - Mere broad-basing of entries under the Act, cannot justify re-classification, without a change in the nature, character or use of the product. The revenue department was not justified in seeking to re-open the settled position in relation to the classification of a product, merely on the ground of the amendment made to the Central Excise Tariff in the year 2012, which had made certain changes in Chapter 30 and Chapter 33. While holding that the said changes had no impact on the product in question, the court by applying the twin test of 'common/commercial parlance test' and the 'ingredients test', held that the said product merited classification as 'medicament' under Chapter 30 and not as 'cosmetic or toilet preparations' under Chapter 33 of the First Schedule to the Act. Commissioner of Customs, Central Excise and Service Tax v. Ashwani Homeo Pharmacy, 2023 LiveLaw (SC) 397 : 2023 INSC 483

Central Excise Tariff Act, 1985 - Classification of Automatic Data Processing Machines - Portable - Weight cannot be the sole factor to determine the factum of portability. Instead, the essential ingredients to logically establish whether an ADP is 'portable' are (1) their ability to be carried around easily which includes all aspects such as weight and their dimensions- In appropriate cases, this assessment would also take into consideration the necessary accessories which are required for safe and efficient usage such as mounted stands or any power adapters (1) the ADP must be suitable for daily transit of a consumer and would include aspects such as durability to withstand frequent commute and damage protection - The Concerned Goods are not portable for the reasons (1) the diagonal dimension of the Concerned Goods being minimum of the length of 18.5 inches and the same needs to be transported along with the power cable as well as the applicable stand in most cases if it is to be mounted and (2) there being no protective case designed by the markets for daily transport for these Concerned Goods. Such requirements make the Concerned Goods unable to be carried around easily during daily transit. Hewlett Packard India Sales Pvt. Ltd. v. Commissioner of Customs (Import), 2023 LiveLaw (SC) 43 : AIR 2023 SC 498 : (2023) 1 SCR 1123 : 2023 INSC 50

Central Excise Tariff Act, 1985 - Since the customs authorities wanted to classify the goods differently, the burden of proof to showcase the same was on them. (Para 23) Hewlett Packard India Sales Pvt. Ltd. v. Commissioner of Customs (Import), 2023 LiveLaw (SC) 43 : AIR 2023 SC 498 : (2023) 1 SCR 1123 : 2023 INSC 50

Central Reserve Police Force Act, 1949

Central Reserve Police Force Act, 1949; Section 9, 10 - The misconduct of misbehaving with the superior/senior officer and of insubordination can be said to be a very serious misconduct and cannot be tolerated in a disciplined force like CRPF - Whether a member of the force has committed a heinous offence or a less heinous offence as per Sections 9 and 10 would have bearing on inflicting the punishment as provided under Sections 9 and 10 but has no relevance on the disciplinary proceedings/departmental enquiry for the act of indiscipline and/or insubordination. (Para 6) Union of India v. Const. Sunil Kumar, 2023 LiveLaw (SC) 49 : AIR 2023 SC 554 : (2023) 1 SCR 961 : 2023 INSC 55

Cinematograph Act, 1952

Cinematograph Act, 1952 - Sometimes the cinematic representations may not be an exact replica of text and there has to be a little play in the same. That however, does not go beyond certain limits is a reason why a body has been constituted to look into these aspects under the Act. Mamta Rani v. Union of India, 2023 LiveLaw (SC) 559

Civil Service (Judicial Branch) Recruitment Rules, 1955 (Bihar)

Civil Service (Judicial Branch) Recruitment Rules, 1955 (Bihar) - Rejection of candidates for not producing original certificates – Held, if a person possesses eligibility before the date of actual selection, he cannot be denied benefit because its proof is produced later. In the present case, the proof is available and true photocopies were on record. The appellants' candidature could not have been rejected merely because the original was not produced before the Commission at the time of interview in particular when such requirement was not mandatory, in view of the manner in which the Rules are couched. (Para 18 & 19) Sweety Kumari v. State of Bihar, 2023 LiveLaw (SC) 818 : 2023 INSC 853

Civil Service (Pension) Rules, 1992 (Odisha)

Civil Service (Pension) Rules, 1992 (Odisha); Rule 7 - Right of Government to Withhold or Withdraw Pension - In reference to the officer/employee, who stood retired from service, inquiry indeed can be initiated against him/her, provided sanction is obtained from the Government and must be during the period of 4 years before such institution and the Explanation added to the scheme of Rules makes it abundantly clear that proceedings shall be deemed to be instituted on the date on which the statement of charges are issued to the Government servant/pensioner, as the case may be. Suchismita Mishra v. High Court of Orissa, 2023 LiveLaw (SC) 477

Civil Service Regulations (Jammu & Kashmir)

Civil Service Regulations (Jammu & Kashmir); Article 77D - Benefit of Pay Protection - Only exception carved out to Article 77D was in respect of a government servant holding a post on ad-hoc basis or working against leave/suspension or any other short-term vacancy. There is a difference between a tenure post and an appointment made on a regular post on a tenure basis. The appointment to the post of Lecturer at Academic Staff College was not against a short-term vacancy as it was a substantive post on a tenure basis and hence the exception under the third proviso to Article 77D will not apply. Therefore, the appellant is entitled to pay protection. (Para 10) Asma Shaw v. Islamia College of Science & Commerce Srinagar Kashmir, 2023 LiveLaw (SC) 649 : 2023 INSC 690

Civil Service Rules

Civil Service Rules (Karnataka); Rule 20 Note 4 - As per the language of the said Rule, the lien of a government servant on the previous post stands protected till his or her continuation on probation period on the new post. The intention of the said rule is clear, viz., to protect the past service of the government servant in cases where the government servant is not confirmed or absorbed substantively on the new post on account of his/her failure to satisfactorily complete the probation period or for any other reason. (Para 19) L.R. Patil v. Gulbarga University, 2023 LiveLaw (SC) 748 : 2023 INSC 796

Civil Service Rules (Karnataka); Rule 252(b) - 'Relieving order' cannot be treated as resignation. The said Rule makes it clear that if another appointment is taken up by a government servant with proper permission, then it cannot be termed as resignation of public service. (Para 20) L.R. Patil v. Gulbarga University, 2023 LiveLaw (SC) 748 : 2023 INSC 796

Coal Bearing Areas (Acquisition and Development) Act, 1957

Coal Bearing Areas (Acquisition and Development) Act, 1957; Section 2(d), 11 - The State Government being the original owner can be said to be deemed lessor - The State Government can be said to be the 'person interested' in getting the compensation. (Para 5) Mahanadi Coalfields Ltd. v. State of Odisha, 2023 LiveLaw (SC) 51 : AIR 2023 SC 668 : (2023) 4 SCC 343 : (2023) 1 SCR 1055 : 2023 INSC 63

Coal Bearing Areas (Acquisition and Development) Act, 1957; Section 18(a) - The compensation/rental payable with respect to the lands by the lessee/deemed lessee is altogether different than the royalty. Royalty is for extraction of minerals in the lands in question - The amount of royalty cannot be mixed with the compensation/loss caused to the State Government due to loss of land and surface land rent as the State Government is entitled for the adequate compensation. (Para 5.1, 6) Mahanadi Coalfields Ltd. v. State of Odisha, 2023 LiveLaw (SC) 51 : AIR 2023 SC 668 : (2023) 4 SCC 343 : (2023) 1 SCR 1055 : 2023 INSC 63

Companies Act, 1956

Companies Act, 1956; Section 81 - The Supreme Court has upheld the largely disproportionate allotment of rights share in favour of one group of shareholders of a private limited company, substantially increasing its shareholding percentage in the company over other group of shareholders. The court held that though Section 81(3) of Companies Act, 1956 expressly exempts a private limited company from the purview of Section 81, which deals with further issue of capital; however, notwithstanding the same, the conduct of the Directors is to be judged on a higher yardstick. The court, however, remarked that the fact that the Directors may also benefit from a decision taken primarily with the intention to promote the interest of the Company, cannot vitiate the decision. Thus, even though the Directors who constituted the said shareholders' group, benefited and made a gain from the implementation of a decision taken primarily with a view to safeguard the interest of the Company, it cannot by itself render the decision vulnerable to attack. Hasmukhlal Madhavlal Patel v. Ambika Food Products Pvt Ltd., 2023 LiveLaw (SC) 490 : AIR 2023 SC 2977 : 2023 INSC 582

Companies Act, 1956; Sections 529, 529A, 530 - Customs Act, 1962; Sections 61, 72, 142, 142A - In case of winding up of a company, the customs duty owed by the company would be treated as a preferential payment under Section 530(1) (a) of the Companies Act, 1956. But customs duty would not override and be given preference over the payments due to overriding preferential creditors covered under Section 529A of the Companies Act, which include the secured creditors. The Customs Act, 1962 does not create a statutory first charge on the customs dues, overriding the charge created in favour of the secured creditor under Section 529A of the Companies Act, 1956. Industrial Development Bank of India v. Superintendent of Central Excise and Customs, 2023 LiveLaw (SC) 683 : 2023 INSC 746

Companies Act, 2013

Companies Act, 2013 - Upholds the constitutionality of Section 327(7) of the Companies Act, which excludes workers dues from priority payment in the event of liquidation of a company under the Insolvency and Bankruptcy Code 2016 - The object and purpose of amending the Companies Act 2013 and to exclude Sections 326 and 327 in the event of liquidation of a company under IBC seem to be that there may not be two different provisions in respect to the winding up/ liquidation of a company. Therefore, in view of the enactment of the IBC, it was necessary to exclude the applicability of Section 326 and 327 of the 2013 Act, which cannot be said to be arbitrary, as contended on behalf of the petitioners. (Para 6) Moser Baer Karamchari Union v. Union of India, 2023 LiveLaw (SC) 386 : 2023 INSC 479

Companies Act, 2013; Section 140(5) - Challenge to the constitutional validity of section 140(5) fails - Section 140(5) is neither discriminatory, arbitrary and/or violative of Articles 14, 19(1)(g) of the Constitution of India, as alleged - The application/proceedings under section 140(5) of the Act, 2013 is held to be maintainable even after the resignation of the concerned auditors. (Para 16) Union of India v. Deloitte Haskins and Sells LLP, 2023 LiveLaw (SC) 388 : AIR 2023 SC 2576 : 2023 INSC 484

Competition Act, 2002

Competition Act, 2002 - Coal India Ltd. would come under the purview of the Act despite being a Public Sector Undertaking. Coal India Ltd v. Competition Commission of India, 2023 LiveLaw (SC) 484 : AIR 2023 SC 3122 : 2023 INSC 580

Contempt of Courts Act, 1971

Contempt of Courts Act, 1971 - The Supreme Court has sentenced a non-resident Indian to six months imprisonment and imposed a fine of Rs 25 lakhs for contempt of court, for failing to bring back his minor son to India in terms of the orders passed by the top court from time to time and the undertaking given by him before the court to this effect. The acts and omissions of the contemnor, amounted to both civil and criminal contempt, calling for a strict action against him. The power of the court to punish a person for contempt is unrestricted by the Act. Meenal Bhargava v. Naveen Sharma, 2023 LiveLaw (SC) 475 : 2023 INSC 540

Contempt of Court Act, 1971 - Supreme Court imposes cost on State of Uttar Pradesh for delay in complying with direction for premature release of 4 convicts. Mahendra v. Rajesh Kumar Singh, 2023 LiveLaw (SC) 588

Contempt of Courts Act, 1971; Section 12 - Doctor's license cannot be suspended as penalty in contempt proceedings. (Para 19 -21) Gostho Behari Das v. Dipak Kumar Sanyal, 2023 LiveLaw (SC) 577 : 2023 INSC 653

Contempt of Courts Act, 1971 - Although the transfer of the suit property pendente lite may not be termed as void ab initio yet when the court is looking into such transfers in contempt proceedings the court can definitely declare such transactions to be void in order to maintain the majesty of law. 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. This may include issue of directions either for reversal of the transactions by declaring such transactions to be void or passing appropriate directions to the concerned authorities to ensure 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. (Para 116 (iii)) Balwantbhai Somabhai Bhandari v. Hiralal Somabhai Contractor, 2023 LiveLaw (SC) 750 : 2023 INSC 805

Contempt of Courts Act, 1971 - The apology tendered should not be accepted as a matter of course and the court is not bound to accept the same. The apology may be unconditional, unqualified and bona fide, still if the conduct is serious, which has caused damage to the dignity of the institution, the same should not be accepted. There ought not to be a tendency by courts, to show compassion when disobedience of an undertaking or an order is with impunity and with total consciousness. (Para 116 (v)) Balwantbhai Somabhai Bhandari v. Hiralal Somabhai Contractor, 2023 LiveLaw (SC) 750 : 2023 INSC 805

Contempt of Courts Act, 1971 - The beneficiaries of any contumacious transaction have no right or locus to be heard in the contempt proceedings on the ground that they are bona fide purchasers of the property for value without notice and therefore, are necessary parties. Contempt is between the court and the contemnor and no third party can involve itself into the same. (Para 116 (iv)) Balwantbhai Somabhai Bhandari v. Hiralal Somabhai Contractor, 2023 LiveLaw (SC) 750 : 2023 INSC 805

Contempt of Courts Act, 1971 - There exists a distinction between an undertaking given to a party to the lis and the undertaking given to a court. The undertaking given to a court attracts the provisions of the Act 1971 whereas an undertaking given to a party to the lis by way of an agreement of settlement or otherwise would not attract the provisions of the Act 1971. In the facts of the present case, we hold that the undertaking was given to the High Court and the breach or disobedience would definitely attract the provisions of the Act 1971. (Para 116 (ii)) Balwantbhai Somabhai Bhandari v. Hiralal Somabhai Contractor, 2023 LiveLaw (SC) 750 : 2023 INSC 805

Contempt of Courts Act, 1971; Section 2 (b) - Assurance in the form of an undertaking given by a counsel / advocate on behalf of his client to the court; the wilful breach or disobedience of the same would amount to “civil contempt”. (Para 116 (i)) Balwantbhai Somabhai Bhandari v. Hiralal Somabhai Contractor, 2023 LiveLaw (SC) 750 : 2023 INSC 805

Co-operative Societies Act, 1960 (Maharashtra)

Co-operative Societies Act, 1960 (Maharashtra) - Section 81(5B) of the Act casts a positive obligation on the auditor or the Registrar to file an FIR. It does not use any negative expression to prohibit persons other than the auditor or the Registrar from registering an FIR. Therefore, it would be contrary to basic principles of statutory construction to conclude that Section 81(5B) debars persons other than the auditor or the Registrar from filing an FIR. (Para 24) Dhanraj N. Asawani v. Amarjeetsingh Mohindersingh Basi, 2023 LiveLaw (SC) 652 : 2023 INSC 710

Copyright Act, 1957

Copyright Act, 1957 – Infringement - Passing-off Action - In a suit for passing off, for establishing goodwill of the product, it is necessary for the plaintiff to prove not only the figures of sale of the product but also the expenditure incurred on promotion and advertisement of the product. Though the statement of sales, advertisement and sale promotion expenses certified by a Chartered Accountant, were exhibited by the plaintiff in the suit before the Trial Court, the Chartered Accountant was not examined to prove the statements. Though the statements may constitute a material for examining whether a prima facie case was made out against the opposite party by the plaintiff, however, at the time of the final hearing of the suit, the figures must be proved in a manner known to law. (Para 13) Brihan Karan Sugar Syndicate Pvt. Ltd. v. Yashwantrao Mohite Krushna Sahakari Sakhar Karkhana, 2023 LiveLaw (SC) 784 : 2023 INSC 831

Cultivating Tenants Protection Act, 1955 (Tamil Nadu)

Cultivating Tenants Protection Act, 1955 (Tamil Nadu); Section 3 - Late payment of rent as per the direction of the Revenue Court, is clearly a valid ground for effecting eviction of the cultivating tenant. The 1955 Act confers a privilege on the cultivating tenant vis-a-vis the landlord, by which the cultivating tenant is protected from eviction by the landlord. Further, the scope of eviction of the cultivating tenant at the behest of the landlord, is circumscribed by the Act. Thus, the limited grounds for eviction of the cultivating tenant by the landlord under the Act, must not be frustrated by granting some extra benefit or indulgence to the cultivating tenant. K. Chinnammal v. L.R. Eknath, 2023 LiveLaw (SC) 437 AIR 2023 SC 3534 : (2023) 6 SCR 831 : 2023 INSC 518

Customs Act, 1962

Customs Act, 1962 - The Supreme Court delivered a split verdict in respect to the issue whether jurisdiction of Settlement Commission under Section 127B of the Customs Act, 1962 can be invoked in relation to goods to which Section 123 applies. While considering the conflicting judgments of the Bombay High Court and the Delhi High Court the bench expressed divergent views. Supporting the law laid down by the Bombay High Court, Justice Krishna Murari opined that in cases of seizures of smuggled goods within the customs areas, Section 123 of the Customs Act would not be applicable and the accused can make application to Settlement Commission under Section 127B. Justice Sanjay Karol opined that the bar in Section 127B precludes filing an application for settlement in relation to goods to which Section 123 applies [for example gold and watches are specified under S.123]. The Division Bench asked the Registry to place the matter before the Chief Justice of India for appropriate order. Yamal Manojbhai v. Union of India, 2023 LiveLaw (SC) 399 : 2023 INSC 498

Customs Act, 1962 - The Supreme Court has upheld the withdrawal of customs notification which granted customs duty concession to “Rotary Printing Machine” of 'single width two plate variety', on the ground of indigenous angle, i.e., availability of the equipment in India. The same cannot be characterized as an irrelevant factor for withdrawing tax concession. The grant of exemption to a class of goods, which are similar to those manufactured within the country, is likely to adversely impact such manufacturers or producers. Thus, the same is a germane and relevant factor for withdrawal of such exemption. The executive has an exclusive domain in fiscal and economic matters, including determining the relevant factors for granting, refusing or amending exemptions. Thus, the role of the court is confined to decide if the executive's decision is backed by germane and not irrelevant reasons. Union of India v. A.B.P. Pvt. Ltd; 2023 LiveLaw (SC) 430 : AIR 2023 SC 2343 : 2023 INSC 525

Customs Act, 1962; Section 14 - If the department wants to allege under valuation, it must make detailed inquiries, collect material and also adequate evidence. If the charge of under valuation cannot be supported either by evidence or information about comparable imports, the benefit of doubt must go to the importer. The charge of under invoicing has to be supported by evidence of prices of contemporaneous imports of like goods. (Para 39.1) Commissioner of Customs (Imports), Mumbai v. Ganpati Overseas, 2023 LiveLaw (SC) 864 : 2023 INSC 881

Delhi Higher Judicial Service Rules, 1970

Delhi Higher Judicial Service Rules, 1970 - Clause XII Rule 7C - The Supreme Court set aside an order of the Delhi High Court that permitted re-evaluation of the answer script of a candidate for the Delhi Higher Judicial Main Examination 2022 on the ground that there was no 'material error' warranting interference. (Para 5) Registrar General, High Court of Delhi v. Ravinder Singh, 2023 LiveLaw (SC) 553

Delhi Urban Shelter Improvement Board Act, 2010

Delhi Urban Shelter Improvement Board Act, 2010 - The Supreme Court refused to interfere with the High Court judgment which held that dwellers of jhuggis which are outside the list of recognized jhuggi clusters are not entitled to rehabilitation. Manoj Kumar v. Delhi Urban Shelter Improvement, 2023 LiveLaw (SC) 555

Drugs and Cosmetics Act, 1940

Drugs and Cosmetics Act, 1940 - Supreme Court quashes criminal proceedings initiated against a doctor for stocking small quantities of medicine - Such stocking will not amount to the offence of unauthorized stocking of medicines as per Section 18(c) - When small quantity of medicine has been found in the premises of a registered medical practitioner, it would not amount to selling their medicines across the counter in an open shop. (Para 9) S. Athilakshmi v. State rep. by the Drugs Inspector, 2023 LiveLaw (SC) 194 : (2023) 2 SCR 914 : 2023 INSC 237

Drugs and Cosmetics Act, 1940; Sections 18 and 27 - The provisions of Section 18 and 27 are relevant provisions under the law, which have a social purpose, which is to protect ordinary citizens from being exploited inter alia, by unethical medical practitioners, and for this reason the punishment under Section 27 can extend up to 5 years under the law, and has a minimum punishment of 3 years. But given the facts and circumstances of the case and considering that the Appellant is a registered medical practitioner, along with the fact that the quantity of medicines which have been seized is extremely small, a quantity which can be easily found in the house or a consultation room of a doctor, in our considered view no offence is made out in the present case. (Para 9) S. Athilakshmi v. State rep. by the Drugs Inspector, 2023 LiveLaw (SC) 194 : (2023) 2 SCR 914 : 2023 INSC 237

Drugs and Cosmetics Rules, 1940; Rule 123 - Schedule K - Drugs stored by a doctor exempted from offence of unauthorized stocking and selling under certain conditions. (Para 8) S. Athilakshmi v. State rep. by the Drugs Inspector, 2023 LiveLaw (SC) 194 : (2023) 2 SCR 914 : 2023 INSC 237

Electricity Act, 2003

Electricity Act 2003; Section 84 (2) - Appointment of the Chairperson - The substantive part of sub-section (2) indicates that the State Government may appoint any person as the Chairperson from “amongst persons who is, or has been, a Judge of a High Court”. However, in terms of the proviso, an appointment under the subsection has to be made only after consultation with the Chief Justice “of that High Court”. The expression “of that High Court” makes it abundantly clear that the consultation has to be made with the Chief Justice of the High Court from which the Judge or, as the case may be, the former Judge is drawn. Govt of NCT of Delhi v. Office of LG of NCT of Delhi, 2023 LiveLaw (SC) 476

Electricity Act, 2003 - In the exercise of the jurisdiction under Article 142 of the Constitution, the Electric Utilities have been directed in the facts of cases before us to waive the outstanding interest accrued on the principal dues from the date of application for supply of electricity by the auction purchasers. K.C. Ninan v. Kerala State Electricity Board, 2023 LiveLaw (SC) 453 : 2023 INSC 560

Electricity Act, 2003 - The implication of the expression “as is where is” basis is that every intending bidder is put on notice that the seller does not undertake responsibility in respect of the property offered for sale with regard to any liability for the payment of dues, like service charges, electricity dues for power connection, and taxes of the local authorities. K.C. Ninan v. Kerala State Electricity Board, 2023 LiveLaw (SC) 453 : 2023 INSC 560

Electricity Act, 2003; Section 178 - In a case where the matter is governed by express terms of the contract, the Central Electricity Regulatory Commission cannot, even donning the garb of a regulatory body, go beyond the express terms of the contract. A regulation made under Section 178 of the Act has the effect of interfering and overriding the existing contractual relationship between the regulated entities. However, while it may be open for a regulation to extricate a party from its contractual obligations, the Commission cannot in the course of its adjudicatory power, use the nomenclature regulation to usurp this power to disregard the terms of the contract. The Appellate Tribunal for Electricity cannot discover a new 'change in law' which the parties have not contemplated as change in law, and the Tribunal cannot rewrite the contract and create a new bargain between the parties. Haryana Power Purchase Centre v. Sasan Power Ltd; 2023 LiveLaw (SC) 409 : 2023 INSC 326

Electricity Act, 2003; Section 43 - For an application to be considered as a 'reconnection', the applicant has to seek supply of electricity with respect to the same premises for which electricity was already provided. Even if the consumer is the same, but the premises are different, it will be considered as a fresh connection and not a reconnection. K.C. Ninan v. Kerala State Electricity Board, 2023 LiveLaw (SC) 453 : 2023 INSC 560

Electricity Act, 2003; Section 43 - The duty to supply electricity under Section 43 of the 2003 Act is not absolute, and is subject to the such charges and compliances stipulated by the Electric Utilities as part of the application for supply of electricity. K.C. Ninan v. Kerala State Electricity Board, 2023 LiveLaw (SC) 453 : 2023 INSC 560

Electricity Act, 2003; Section 43 - The duty to supply electricity under Section 43 is with respect to the owner or occupier of the premises. The 2003 Act contemplates a synergy between the consumer and premises. Under Section 43, when electricity is supplied, the owner or occupier becomes a consumer only with respect to those particular premises for which electricity is sought and provided by the Electric Utilities. K.C. Ninan v. Kerala State Electricity Board, 2023 LiveLaw (SC) 453 : 2023 INSC 560

Electricity Act, 2003; Section 49 - A condition of supply enacted under Section 49 of the 1948 Act requiring the new owner of the premises to clear the electricity arrears of the previous owner as a precondition to availing electricity supply will have a statutory character. K.C. Ninan v. Kerala State Electricity Board, 2023 LiveLaw (SC) 453 : 2023 INSC 560

Electricity Act, 2003; Section 50 - The Electricity Supply Code providing for recoupment of electricity dues of a previous consumer from a new owner have a reasonable nexus with the objects of the 2003 Act. K.C. Ninan v. Kerala State Electricity Board, 2023 LiveLaw (SC) 453 : 2023 INSC 560

Electricity Act, 2003; Section 50 - The scope of the regulatory powers of the State Commission under Section 50 of the 2003 Act is wide enough to stipulate conditions for recovery of electricity arrears of previous owners from new or subsequent owners. K.C. Ninan v. Kerala State Electricity Board, 2023 LiveLaw (SC) 453 : 2023 INSC 560

Electricity Act, 2003; Section 56 - The power to initiate recovery proceedings by filing a suit against the defaulting consumer is independent of the power to disconnect electrical supply as a means of recovery under Section 56 of the 2003 Act. K.C. Ninan v. Kerala State Electricity Board, 2023 LiveLaw (SC) 453 : 2023 INSC 560

Electricity Act, 2003; Sections 50 and 181 - The rule making power contained under Section 181 read with Section 50 of the 2003 Act is wide enough to enable the regulatory commission to provide for a statutory charge in the absence of a provision in the plenary statute providing for creation of such a charge. K.C. Ninan v. Kerala State Electricity Board, 2023 LiveLaw (SC) 453 : 2023 INSC 560

Electricity Act, 2003 – Appeal under Section 125 – Plea of Fraud, Coercion, Duress, or Undue Influence – Party that sets up plea of fraud, coercion, duress, or undue influence must prima facie establish it by laying out material facts – Appellate Tribunal for Electricity (APTEL) not to render findings on coercion without proper and specific pleadings, adequate evidence, or without conducting a probe, in a casual or cavalier way – Held, concurrent findings of APTEL and state commission unsustainable owing to the absence of evidence of coercion and particularity of pleadings beyond a bare allegation – Appeal allowed. Gujarat Urja Vikas Nigam v. Renew Wind Energy (Rajkot) Pvt. Ltd., 2023 LiveLaw (SC) 315 : 2023 INSC 366

Electricity Act, 2003 - Supreme Court has lamented the practice of Distribution Companies (DISCOMS) and power generating companies pursuing endless litigation challenging the concurrent findings arrived at by the Central Electricity Regulatory Commission (CERC) and the Appellate Tribunal for Electricity (APTEL). The Court has asked the Union of India through the Ministry of Power (MoP), to evolve a mechanism so as to ensure timely payment by DISCOMS to the power generating companies under the Power Purchase Agreements (PPAs). All additional charges which are payable on account of orders, directions, Notifications, Regulations, etc., issued by the instrumentalities of the State, after the cut-off date specified in the PPAs, will have to be considered to be 'Change in Law' events for payment of compensation under the PPAs. GMR Warora Energy Ltd. v. Central Electricity Regulatory Commission (CERC), 2023 LiveLaw (SC) 329 : 2023 INSC 398

Electricity Act, 2003 - Compensation for "Change in Law" clause in PPA - SC dismisses petition filed by Maharashtra State Electricity Distribution Company Limited challenging the 'Change in Law' compensation granted by the Appellate Tribunal for Electricity to Adani Power Maharashtra Limited and GMR Warora Energy Limited-we find that the stand taken by the DISCOMS that, since the loss being sustained by the generating companies is on account of non-fulfillment of obligation by CIL/Coal Companies, they should be relegated to the remedy available to them in law against the CIL/Coal Companies, is totally unreasonable. The claim is based on change of NCDP 2007 by NCDP 2013, which, undisputedly, is covered by the term 'Change in Law. (Para 151) Maharashtra State Electricity Distribution Company Ltd. v. Adani Power Maharashtra Ltd., 2023 LiveLaw (SC) 166 : AIR 2023 SC 1495 : (2023) 7 SCC 401 : 2023 INSC 208

Electricity Act, 2003 - Diversion of gas to other generating stations not sufficient ground to seek compensation when Power Purchase Agreement (PPA) has no such provision. Penna Electricity Ltd. (Now Pioneer Power Ltd.) v. Tamil Nadu Electricity Board, 2023 LiveLaw (SC) 221 : 2023 INSC 235

Electricity Act, 2003 - The Court took note of the fact that the DISCOMS (Distribution Companies) which are instrumentalities of the State had taken contrary view to that of the Union Government, which contemplates that the generators would be entitled to pass-through for the coal required to be imported or purchased from the open market on the ground of Change in Law. Referring to Central Warehousing Corporation v. Adani Ports Special Economic Zone Limited (APSEZL) And Ors. (2022), the Court observed that the Apex Court had deprecated the practice of different instrumentalities of the State taking contradictory / different positions / stands on the same issue - We have come across a number of matters wherein concurrent orders passed by the Regulatory Body and the Appellate Forum are assailed. Such a litigation would, in fact, efface the purpose of the Electricity Act. As already discussed herein above, one of the major reasons for the enactment of the Electricity Act was the deterioration in performance of the State Electricity Boards. (Para 150) Maharashtra State Electricity Distribution Company Ltd. v. Adani Power Maharashtra Ltd., 2023 LiveLaw (SC) 166 : AIR 2023 SC 1495 : (2023) 7 SCC 401 : 2023 INSC 208

Electricity Act, 2003; Section 62 and 111 - Electricity Regulatory Commission - the Commission exercises quasi-judicial powers. There are appeals preferred by the Commission against the orders of the Appellate Tribunal in appeals. The Appellate Tribunal in appeals has dealt with the legality and validity of the decisions of the Commission rendered in the exercise of quasi-judicial power. In short, the Appellate Tribunal has tested the correctness of the orders of the Commission. The Commission is bound by the orders of the Appellate Tribunal. Therefore, we have serious doubt about the propriety and legality of the act of the Commission of preferring appeals against the orders of the Appellate Tribunal in appeal by which its own orders have been corrected. The Commission cannot be the aggrieved party except possibly in one appeal where the issue was about the non-compliance by the Commission of the orders of the Appellate Tribunal. If the Commission was exercising legislative functions, the position would have been different. (Para 26) GRIDCO Ltd. v. Western Electricity Supply Company, 2023 LiveLaw (SC) 855 : 2023 INSC 872

Electricity Act, 2003; Section 84 and 125 - Electricity Regulatory Commission - Members of the Commission are experts in the field - Therefore, when we consider the challenge to the decisions of the Commission and the Appellate Tribunal, we must keep in mind that the decisions are of a body of experts. This limitation is apart from the constraints of Section 125 of the Electricity Act of entertaining an appeal only on a substantial question of law. Therefore, this Court will normally be slow in interfering with the factual findings recorded by the Commission and/or by the Appellate Tribunal. (Para 25) GRIDCO Ltd. v. Western Electricity Supply Company, 2023 LiveLaw (SC) 855 : 2023 INSC 872

Electricity Rules, 2005; Rule 3(1)(a) Second Proviso - In cases where a Captive Generating Plant (CGP) has more than one user and fluctuating shareholding or any change in ownership, shareholding, or consumption occurs, the principle of “Weighted Average” should be applied to determine the proportional electricity consumption of each user. (Para 47) Dakshin Gujarat Vij Company Ltd. v. Gayatri Shakti Paper and Board Ltd., 2023 LiveLaw (SC) 888 : 2023 INSC 886

Employees Compensation Act, 1923

Employees Compensation Act, 1923 - Officers of the Railway Protection Force (RPF) are entitled to claim compensation under the 1923 Act, despite the RPF being designated as an armed force of the Union. The case arose when the heirs of an RPF Constable, who died during his employment, sought compensation under the 1923 Act. The Appellant contended that as a part of the Armed Forces of the Union, the deceased was not a 'workman' under the Act. The Apex Court rejected this contention, emphasizing the lack of legislative intent to exclude RPF members from the benefits of the 1923 Act, even after its designation as an armed force. The definition of a 'Railway Servant' in the Railways Act, 1989, includes RPF members, making them eligible for compensation under the 1923 Act. The designation of the RPF as an "armed force of the Union" did not automatically exempt its members from the provisions of the 1923 Act, unless such intent was evident. (Para 61) Railway Protection Special Force v. Bhavnaben Dinshbhai Bhabhor, 2023 LiveLaw (SC) 835 : 2023 INSC 859

Employees Compensation Act, 1923 - Social welfare legislation must be given a beneficial construction – Matters thereunder are to be adjudicated with due process of law and also with a keen awareness of the scope and intent of the Act. (Para 30) Fulmati Dhramdev Yadav v. New India Assurance Co Ltd; 2023 LiveLaw (SC) 746 : 2023 INSC 790

Employees Compensation Act, 1923; Section 30 - An appeal from an order of Commissioner can be entertained only if there exists a substantial question of law to be considered – Workmen's Compensation Commissioner is the last authority on facts – The other ground making the order under challenge, amenable to interference when the scope of jurisdiction is circumscribed by it being exercised only in cases of “substantial question of law”, is perversity in the findings. (Para 17- 21) Fulmati Dhramdev Yadav v. New India Assurance Co Ltd; 2023 LiveLaw (SC) 746 : 2023 INSC 790

Employees Provident Fund and Miscellaneous Provisions Act, 1952

Employees Provident Fund and Miscellaneous Provisions Act, 1952; Section 2b - Once the EPF Act contains a specific provision defining the words 'basic wage', then there was no occasion for the appellant to expect the Court to have travelled to the Minimum Wages Act, 1948, to give it a different connotation or an expansive one, as sought to be urged. Clearly, that was not the intention of the legislature. (Para 4) Assistant Provident Fund Commissioner v. G4s Security Services (India) Ltd., 2023 LiveLaw (SC) 722

Employees' State Insurance Act, 1948

Employees' State Insurance Act, 1948 - ESI Act should be given liberal interpretation and should be interpreted in such a manner so that social security can be given to the employees. (Para 6, 6.1) ESI Corporation v. Radhika Theatre, 2022 LiveLaw (SC) 53 : AIR 2023 SC 673 : (2023) 1 SCR 1045 : 2023 INSC 60

Employees' State Insurance Act, 1948; Section 1 (6) - Prior to insertion of Sub-section (6) of Section 1 of the ESI Act, only those establishments/factories engaging more than 20 employees were governed by the ESI Act. However, thereafter, Sub-section (6) of Section 1 of the ESI Act has been inserted on 20.10.1989, and after 20.10.1989 there is a radical change and under the amended provision a factory or establishment to which ESI Act applies would be governed by the ESI Act notwithstanding that the number of persons employed therein at any time falls below the limit specified by or under the ESI Act. Therefore, on and after 20.10.1989, irrespective of number of persons employed a factory or an establishment shall be governed by the ESI Act. (Para 7) ESI Corporation v. Radhika Theatre, 2022 LiveLaw (SC) 53 : AIR 2023 SC 673 : (2023) 1 SCR 1045 : 2023 INSC 60

Employees' State Insurance Act, 1948; Section 1 (6) - Sub-section (6) of Section 1 shall be applicable even with respect to those establishments, established prior to 31.03.1989/20.10.1989 and the ESI Act shall be applicable irrespective of the number of persons employed or notwithstanding that the number of persons employed at any time falls below the limit specified by or under the ESI Act - Only in case of demand notice for the period prior to inserting Sub-section (6) of Section 1 of the Act, it can be said that the same provision has been applied retrospectively. (Para 7) ESI Corporation v. Radhika Theatre, 2022 LiveLaw (SC) 53 : AIR 2023 SC 673 : (2023) 1 SCR 1045 : 2023 INSC 60

Employees State Insurance Act, 1948; Section 2(14AA) - Factories Act, 1948; Section 2(k) - “manufacturing process” - the firm's utilization of electrical energy for repairing electrical goods would make it fall within the definition of “power” used in the “manufacturing process” under both the ESI Act and Factories Act,1948. The word Manufacturing process also includes “repairing” any article for its use. Admittedly, the shop premises is used not only for selling goods, but also to service electrical goods. That being the position, it is clear that the appellant firm falls under the definition of a “Factory” and is using a “manufacturing process”, as contemplated under both the Statues. (Para 8 & 9) J.P. Lights India v. Regional Director, ESI Corporation, 2023 LiveLaw (SC) 637

Employees State Insurance Act, 1948; Section 2(15)(C) - Factories Act, 1948; Section 2(g) - “power” - the electronic goods shop which sells goods and repairs/services such goods can be said to be engaged in a “manufacturing process” using “power” as defined under ESI Act and Factories Act. (Para 10) J.P. Lights India v. Regional Director, ESI Corporation, 2023 LiveLaw (SC) 637

Employees State Insurance Act, 1948; Sections 2(12) - Factories Act, 1948; Section 2(k) - “factory” - Electronics shop repairing and servicing electrical goods is “factory” under ESI Act. (Para 9) J.P. Lights India v. Regional Director, ESI Corporation, 2023 LiveLaw (SC) 637

Employees' State Insurance Act, 1948 - Pathological labs in Kerala covered under ESI Act from 2007 and not from 2002, by virtue of a Government Notification issued on 06.09.2007 - If the pathological laboratories were already covered under the Act there was no occasion to issue such a notification - Even as per the understanding of the Corporation, pathological laboratories were not covered under the Act prior to that date – Hence, the Supreme Court dismissed the Appeal filed by the ESI Corporation. (Para 13-15) E.S.I. Corporation v. Endocrinology and Immunology Lab, 2023 LiveLaw (SC) 600

Employees' State Insurance Act, 1948; Sections 53, 61 - Motor Vehicle Act, 1988; Section 163A, 167 - Can an employee insured under the Employees' State Insurance Act, 1948, claim compensation under the Motor Vehicles Act - Whether the insurance amount paid under the ESI Act is a “similar benefit” as the compensation which is claimed in a case where there is a Motor Vehicle accident and claim subsists so as to bar the same - Referred to larger bench. Rajkumar Agrawal v. Vehicle Tata Venture, 2023 LiveLaw (SC) 62

Environment Protection Act, 1986

Environment Protection Act, 1986 - Supreme Court upholds the directions of NGT Chennai that all petroleum outlets in cities having population of more than 10 lakh and having turnover of more than 300 KL/Month shall install the Vapour Recovery System (VRS) mechanism- SC however sets aside NGT directions that new petroleum outlets should mandatorily obtain Consent to Establish and existing outlets should have Consent to Operate. Indian Oil Corporation Ltd. v. VBR Menon, 2023 LiveLaw (SC) 185 : AIR 2023 SC 1573 : (2023) 7 SCC 368 : 2023 INSC 231

Environment (Protection) Rules, 1986

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 : 2023 INSC 430

Essential Commodities Act, 1955

Essential Commodities Act, 1955; Section 7 - Person convicted for unauthorized possession of LPG cylinders acquitted - SI who took action was found to be not an authorized officer who could take action under the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order - In the absence of the authority and power with the Sub-Inspector to take action as per the Order, the proceedings initiated by him will be totally unauthorised and have to be struck down - Where a power is given to do a certain thing in a certain way, the thing must be done in that way or not at all. Other methods are necessarily forbidden. Avtar Singh v. State of Punjab, 2023 LiveLaw (SC) 272 : AIR 2023 SC 1588 : 2023 INSC 280

Finance Act, 1994

Finance Act, 1994; Sections 65(105) (zi), 65(119), 65(120), 66 - Export of Service Rules, 2005 - Service Tax Rules, 1994 - The Supreme Court has upheld the order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) that the 3D conversion services provided by the assessee, including services such as 'imparting special effects', 'post production service', 'digital asset management and content service' and 'digital restoration service', will not fall under the ambit of 'video-tape production' under Section 65(120) of Finance Act, 1994. While adjudicating the service tax demand raised on the assessee, the CESTAT found that there was no evidence that the material received by the respondent/ assessee, M/s Prime Focus Ltd, from its clients was recorded in video or that the assessee had, at any time, handled video as media. The Tribunal had thus held that the assessee was entitled for exemption as exports as it had exported services in accordance with Export of Service Rules, 2005 and Rule 6A of Service Tax Rules, 1994. Commissioner of Service Tax-IV v. Prime Focus Ltd., 2023 LiveLaw (SC) 561

Forest Act, 1927

Forest Act, 1927 - Claims againt eviction - In Banwasi Seva Ashram vs State Of Uttar Pradesh 1986 4 SCC 753, certain Adivasi communities inhabiting the situate land were being evicted from their homes on grounds of the said land being subject to a Section 4 notification under the Forest Act. It was held that the said inhabitants had a right for their claims to be heard by the Forest Officer, and it was the forest officer, who had the power to go into the merits of the case and decide the claims of the inhabitants - whether the relief granted in the Judgment of Banwasi Seva Ashram vs State Of Uttar Pradesh is only applicable to SC/ST/ other backward communities? Banwasi Judgment (Supra), only grants a right to be heard by a competent authority, and if such authority rejects a claim, then the said claim cannot exist against the situate land. This right to be heard, in our opinion, must be granted to all claiming possession of the subject land, and the substantial right of possession can be granted or denied during the said hearing, by the competent authority, that is to say, the right to be heard must be enjoyed by all, and the right to possess, must be enjoyed by those who have a legitimate claim. Further, the right to enjoy possession of any land notified under Section 4 of the Forest Act is not only limited to Adivasi communities and other forest dwelling communities, but is also based on proof of residence, date of original possession, etc. If the right to inhabit the said lands is not restricted only to certain communities, how can the right to be heard on such claims be restricted to the same. (Para 17-23) Hari Prakash Shukla v. State of Uttar Pradesh, 2023 LiveLaw (SC) 507 : 2023 INSC 600

General Sales Tax Act, 1959 (Tamil Nadu)

General Sales Tax Act, 1959 (Tamil Nadu); Sections 3(2), 28-A; Schedule I, Part B (Taxation Entry No.61) and Schedule III, Part B (Exemption Entry No.8) - Classification and taxability of 'maize starch' under the TNGST Act for the assessment year, i.e., 1998-99 - If in any statutory rule or statutory notification, two expressions are used - one in general words and the other in special terms – then, as per the rules of interpretation, the special terms are not meant to be included in the general expression. Where a statute contains both a general provision as well as a specific provision, the latter must prevail. Santhosh Maize & Industries Ltd. v. State of Tamil Nadu, 2023 LiveLaw (SC) 499

Higher Judicial Services Special Rules 1961 (Kerala State)

Higher Judicial Services Special Rules 1961 (Kerala State); Rule 2(c)(iii) - The decision of the High Court of Kerala to apply a minimum cut-off to the viva voce examination is contrary to Rule 2(c)(iii) of the 1961 Rules. (Para 51) Sivanandan C.T. v. High Court of Kerala, 2023 LiveLaw (SC) 658 : 2023 INSC 709

Hindu Adoptions and Maintenance Act, 1956

Hindu Adoptions and Maintenance Act, 1956; Sections 8 and 12 - On adoption by a widow, the adopted son or daughter is deemed to be a member of the family of the deceased husband of the widow - Referred to Sawan Ram vs. Kalawanti, A.I.R. 1967 SC 1761 and Sitabai vs. Ramchandra, A.I.R. 1970 SC 343 - The provisions of the HAMA Act, 1956 determine the rights of a son adopted by a Hindu widow only vis-à-vis his adoptive family. (Para 9-10) Shri Ram Shridhar Chimurkar v. Union of India, 2023 LiveLaw (SC) 40 : AIR 2023 SC 618 : (2023) 4 SCC 312 : (2023) 1 SCR 931 : 2023 INSC 49

Hindu Marriage Act, 1955

Hindu Marriage Act, 1955; Section 7A (as amended and applicable in Tamil Nadu) - Self-respect marriages do not require a public solemnisation or declaration. (Para 8) Ilvarasan v. Superintendent of Police, 2023 LiveLaw (SC) 735 : 2023 INSC 813

Hindu Marriage Act, 1955; Section 7A (as amended and applicable in Tamil Nadu) - Self-respect marriage - Couples intending to marry may refrain from making a public declaration due to various reasons, such as familial opposition or fear for their safety. In such cases, enforcing a public declaration could put lives at risk and potentially result in forced separation. (Para 8) Ilvarasan v. Superintendent of Police, 2023 LiveLaw (SC) 735 : 2023 INSC 813

Hindu Marriage Act, 1955; Section 13B(2) - Waiting period for mutual consent divorce can be waived by Supreme Court invoking Article 142 powers - this Court, in view of settlement between the parties, has the discretion to dissolve the marriage by passing a decree of divorce by mutual consent, without being bound by the procedural requirement to move the second motion. This power should be exercised with care and caution - This Court can also, in exercise of power under Article 142(1) of the Constitution of India, quash and set aside other proceedings and orders, including criminal proceedings. Shilpa Sailesh v. Varun Sreenivasan, 2023 LiveLaw (SC) 375 : 2023 INSC 468

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 : AIR 2023 SC 2144 : 2023 INSC 433

Hindu Marriage Act, 1955; Section 16 - Rights of children born out of invalid marriages in their parents' share in Hindu joint family property – Held, a child born from a void or voidable marriage is entitled to the parents share in a Hindu Undivided Family (HUF) governed by Mitakshara law; however, such a child cannot be treated as a coparcener by birth in the HUF. The very concept of a coparcener postulates the acquisition of an interest by birth. If a person born from a void or voidable marriage to whom legitimacy is conferred by sub-sections (1) or (2) of Section 16 were to have an interest by birth in a Hindu Undivided Family governed by Mitakshara law, this would certainly affect the rights of others apart from the parents of the child. When an individual falls within the protective ambit of sub-section (1) or sub-section (2) of Section 16, they would be entitled to rights in or to the absolute property of the parents and no other person. (Para 51) Revanasiddappa v. Mallikarjun, 2023 LiveLaw (SC) 737 : 2023 INSC 783

Hindu Marriage Act, 1955; Section 16 - Rights of children born out of invalid marriages in their parents' share in Hindu joint family property – Children born out of void/voidable marriages are entitled to inherit a share in the property of their deceased parents which would have been allotted to them on a notional partition of the Hindu coparcenary property. However, such children are not entitled to the properties of any coparcener other than their parents. This ruling is applicable only to Hindu joint family properties governed by Hindu Mitakshara law. (Para 55) Revanasiddappa v. Mallikarjun, 2023 LiveLaw (SC) 737 : 2023 INSC 783

Hindu Marriage Act, 1955; Section 29 (2) - A Hindu marriage can be dissolved through a customary divorce deed, provided the existence of such a customary right is established. (Para 6) Sanjana Kumari v. Vijay Kumar, 2023 LiveLaw (SC) 848

Hindu Succession Act, 1956

Hindu Succession Act 1956 - Partition Suit - Effect of 2005 amendment to pending partition suit - As the law governing the parties has been amended before the conclusion of the final decree proceedings, the party benefitted by such amendment (like the two daughters in the case on hand) can make a request to the Trial Court to take cognizance of the Amendment and give effect to the same. (Para 80) Prasanta Kumar Sahoo v. Charulata Sahu, 2023 LiveLaw (SC) 262 : 2023 INSC 319

Hindu Succession Act 1956 - the institution of a suit for partition by a member of a joint family is a clear intimation of his intention to separate, and there was consequential severance of the status of jointness - In case during the pendency of partition suit or during the period between the passing of preliminary decree and final decree in the partition suit, any legislative amendment or any subsequent event takes place which results in enlargement or diminution of the shares of the parties or alteration of their rights, whether such legislative amendment or subsequent event can be into consideration and given effect to while passing final decree in the partition suit - Even though filing of partition suit brings about severance of status of jointness, such legislative amendment or subsequent event will have to be taken into consideration and given effect to in passing the final decree in the partition suit - This is because, the partition suit can be regarded as fully and completely decided only when the final decree is passed. It is by a final decree that partition of property of joint Hindu Family takes place by metes and bounds. (Para 73(C)) Prasanta Kumar Sahoo v. Charulata Sahu, 2023 LiveLaw (SC) 262 : 2023 INSC 319

Hindu Succession Act, 1955; Section 6 - In order to ascertain the shares of the heirs in the property of a deceased coparcener, the first step is to ascertain the share of the deceased himself in the coparcenary property and Explanation 1 to Section 6 provides a fictional expedient, namely, that his share is deemed to be the share in the property that would have been allotted to him if a partition had taken place immediately before his death - Once that assumption has been made for the purpose of ascertaining the share of the deceased, one cannot go back on the assumption and ascertain the shares of the heirs without reference to it, and all the consequences which flow from a real partition have to be logically worked out, which means that the shares of the heirs must be ascertained on the basis that they had separated from one another and had received a share in the partition which had taken place during the life-time of the deceased. In effect, the heir will get his or her share in the interest which the deceased had in the coparcenary property at the time of his death, in addition to the share which he or she received or must be deemed to have received in the notional partition. (Para 11-12) Derha v. Vishal, 2023 LiveLaw (SC) 740 : 2023 INSC 785

Hindu Succession Act, 1956; Section 14 - Possession of property necessary for woman to claim rights under section 14. (Para 4) M. Sivadasan v. A.Soudamini, 2023 LiveLaw (SC) 720 : 2023 INSC 774

Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017

Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 - Issued directions to the Central and State Governments to ensure the effective implementation of the HIV Act. (Para 93) CPL Ashish Kumar Chauhan (Retd.) v. Commanding Officer, 2023 LiveLaw (SC) 826 : 2023 INSC 857

Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017; Section 34 - All courts, tribunals, and quasi-judicial bodies in the country should prioritize cases relating to HIV-infected persons for early disposal. Steps should be taken to maintain the anonymity of HIV-infected individuals. (Para 93 (12)) Ashish Kumar Chauhan (Retd.) v. Commanding Officer, 2023 LiveLaw (SC) 826 : 2023 INSC 857

IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016

IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 - Regulation 30 - NCLT as well as NCLAT were right in holding that the possession of the Corporate Debtor, of the property needs to be protected. This is why a direction under Regulation 30 had been issued to the local district administration. (Para 50) Victory Iron Works Ltd. v. Jitendra Lohia, 2023 LiveLaw (SC) 193 : (2023) 7 SCC 227 : 2023 INSC 230

Industrial Disputes Act, 1947

Industrial Disputes Act, 1947 - Advocate cannot claim the right of legal representation - No ground to revisit the well settled position of law which has prevailed for almost half a century. ThyssenKrupp Industries India Pvt. Ltd. v. Suresh Maruti Chougule, 2023 LiveLaw (SC) 868

Industrial Disputes Act, 1947; Sections 10(1)(d), 17B and 25F - Having allowed the workmen to put in regular service to its own benefit for over two decades, the management can no longer claim an indefeasible right to continue with and canvass its challenge to the Award, merely because it made its compliance with the Award conditional long ago. In the light of their absorption in regular service, these workmen, who may have otherwise opted for employment opportunities elsewhere, altered their position and remained with the FCI. Having placed them in that position, it is no longer open to the management of FCI to seek to turn back the clock. (Para 16) FCI Executive Staff Union v. Employer, Management of FCI, 2023 LiveLaw (SC) 491 : 2023 INSC 588

Industrial Disputes Act, 1947; S.33C(2) - U.P. Industrial Disputes Act, 1947; S.6H - The appellant–workman claimed unlawful termination of his employment (sometime in 1979) and approached the Labour Court. The Labour Court directed his reinstatement and also directed payment of back wages at the rate of ₹8000/-. The Respondent, U.P. Power Corporation, filed a writ petition which was dismissed after the High Court had kept it pending for 11 long years, on 03.01.2006. The appellant thereafter represented to the employer on several occasions, but unsuccessfully. Ultimately, he approached the Labour Court yet again for calculation of his dues. In this second round, the Labour Court by order dated 31.08.2020 calculated back wages and directed payment of ₹8000/- per month. By the impugned order of the High Court those directions were set aside. Held, the High Court could not have done what it in fact did, i.e., to set aside the second order of the Labour Court which merely calculated the amounts due and made consequential directions. The adjudication between the parties having crystallized with the award dated 22.12.1995, which was confirmed by the High Court, there was no occasion for any intervention, much less by the High Court. In these circumstances, the second award of the Labour Court is hereby restored. The respondent–U.P. Power Corporation Limited is hereby directed to pay to the appellant the sum indicated, i.e., ₹10,54,311/-, with interest @ 11% p.a. calculable from 21.09.2006 and shall also pay ₹2,00,000/- as costs. The appeal is allowed. (Para 3, 6) Phool Mohd. v. Executive Engineer, 2023 LiveLaw (SC) 736

Insurance Act, 1938

Insurance Act, 1938; Section 38 - Life Insurance Corporation (LIC) is not entitled to levy a service charge or fee for endorsing the assignment or transfer of a policy. (Para 9) Life Insurance Corporation of India v. Dravya Finance Pvt. Ltd., 2023 LiveLaw (SC) 759 : 2023 INSC 815

Integrated Goods and Services Tax Act, 2017

Integrated Goods and Services Tax Act, 2017 - The Supreme Court has recalled its judgment dated 10 April 2023, where the Court had ruled that Duty Free Shops situated in the arrival or departure terminals of Airports are outside the customs frontiers of India and therefore, they cannot be saddled with any indirect taxes like the Service Tax. While allowing the review plea filed by the Commissioner of CGST and Central Excise against the Supreme Court's verdict in Commissioner of CGST and Central Excise v. Flemingo Travel Retail Ltd [Civil Appeal Diary No. 24336/2022 dated 10.04.2023], the court observed that while hearing the appeal, none of the submissions of the Union of India had been recorded or considered, and that the judgment only adverts to the submissions of the respondent- assessee. Commissioner of CGST and Central Excise Mumbai East v. Flemingo Travel Retail Ltd., 2023 LiveLaw (SC) 673

Intermediate Education Act, 1921 (Uttar Pradesh)

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 : 2023 INSC 441

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 : 2023 INSC 441

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 : 2023 INSC 441

Land Acquisition Act, 1894

Land Acquisition Act, 1894 - Allotment of Plot - Demand of Additional Price - The dispute pertains to demand of additional price for the allotment of plot to the Respondent - the additional price can be demanded in case there is enhancement in cost of the land awarded by the competent authority under the Land Acquisition Act. It is the admitted case of the Appellants that the land for allotment of the plot was never acquired. Hence, there could not be any enhancement in the cost of the land by any authority or court under the Land Acquisition Act. From these undisputed facts on record and the terms and conditions contained in the allotment letter, there is no illegality committed by the learned court below in setting aside the demand of the additional price of the plot allotted to the Respondent. There is no merit in the present appeal. (Para 12 - 13) Haryana Urban Development Authority v. Jagdeep Singh, 2023 LiveLaw (SC) 429 : AIR 2023 SC 2257 : 2023 INSC 503

Land Acquisition Act, 1894 - Right to Fair Compensation Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Once it is found that the land acquisition proceedings under the 1894 Act are valid, then the claimant is not entitled to seek compensation under the 2013 Act. If the state has either paid compensation or taken possession then proceedings under 1894 would continue to be valid. (Para 5, 17) Delhi Development Authority v. Jagan Singh, 2023 LiveLaw (SC) 526 : 2023 INSC 620

Land Acquisition Act, 1894 - The Act was made applicable to the whole of India except the State of Jammu and Kashmir. In the absence of the exercise of power by the Hon'ble Governor under sub-clause (1) of Clause 5 of the Fifth Schedule, the said law was applicable to the Scheduled Area. (Para 18) Adivasis for Social and Human Rights Action v. Union of India, 2023 LiveLaw (SC) 431 : AIR 2023 SC 2658 : 2023 INSC 512

Land Acquisition Act, 1894 - If the land is continued to be under temporary acquisition for number of years, meaning and purpose of temporary acquisition would lose its significance. Temporary acquisition cannot be continued for approximately 20 to 25 years. It cannot be disputed that once the land is under temporary acquisition and the same is being used by the ONGC for oil exploration, it may not be possible for the landowners to use the land; to cultivate the same and/or to deal with the same in any manner. (Para 7) Manubhai Sendhabhai Bharwad v. Oil and Natural Gas Corporation Ltd; 2023 LiveLaw (SC) 55 : AIR 2023 SC 992 : (2023) 1 SCR 1021 : 2023 INSC 61

Land Acquisition Act, 1894; Section 5A - Merely because Section 5A has not been mentioned in the said order, the entire acquisition proceedings including notifications under Sections 4 & 6 of the Act, 1894 and more particularly the declaration which was issued after considering the report/objections under section 5A cannot be declared illegal. When the Collector has exercised the power of the appropriate government and a declaration under section 6 of the Act has been issued after considering the report on the objections under Section 5A of the Act, the High Court has seriously erred in quashing and setting aside the entire acquisition proceedings on the aforesaid ground. (Para 12, 12.3) Indore Development Authority v. Burhani Grih Nirman Sahakari Sanstha Maryadit Sneh Nagar, 2023 LiveLaw (SC) 183 : AIR 2023 SC 1401 : (2023) 2 SCR 84 : 2023 INSC 200

Land Acquisition Act 1894 - While determining the deduction for development charges, the courts should take into consideration important factors including the nature of land, area under acquisition, whether the land is developed or not, if developed to what extent, the purpose of acquisition etc. This exercise is required for ascertaining the percentage of deduction by the Courts. (Para 11) Mala v. State of Punjab, 2023 LiveLaw (SC) 663 : 2023 INSC 735

Land Acquisition Act, 1894; Section 18 - Whether the Reference made to the Reference Court was within the limitation? Held, the issue of limitation raised by respondent- Committee before the Reference Court and before the High Court was not only not tenable but was highly unreasonable and improper. Considering the hardship caused to both the parties arrived at a Settlement and requested the High Court to dispose of the said writ petition in terms of the consent terms. The Reference Court after considering all the legal and factual aspects of the matter had rightly held that the Reference was filed with the Collector within the period of limitation as per the order passed by the High Court. The High Court had committed gross error in interfering with the said well-reasoned findings recorded by the Reference Court, and in setting aside the entire award and remanding the matter back to the Reference Court for deciding it afresh. The impugned judgments and orders passed by the High Court being ex facie erroneous, the same are set aside. (Para 5 - 7, 9) Shri Nashik Panchavati Panjarpol Trust v. Chairman, 2023 LiveLaw (SC) 711 : 2023 INSC 750

Land Reforms Act, 1954 (Delhi)

Land Reforms Act, 1954 (Delhi) - Municipal Corporation Act, 1957 (Delhi) - Land Reforms Act not applicable to area covered under Municipal Corporation Act - Once a notification has been published in exercise of power under Section 507(a) of the Act, 1957, the provisions of the Act, 1954 cease to apply. (Para 36) Mohinder Singh v. Narain Singh, 2023 LiveLaw (SC) 191 : AIR 2023 SC 1427 : 2023 INSC 223

Land Revenue Act, 1887 (Punjab)

Land Revenue Act, 1887 (Punjab) - the partition having been accepted as per the “Naksha Be”, the joint status of the parties stood severed. The High Court misinterpreted the provisions of Punjab Land Revenue Act, 1887 and erred in setting aside the judgments and decrees passed by the trial court and the appellate court. The Bench quashed the order of the High Court and allowed the appeal. Jhabbar Singh v. Jagtar Singh, 2023 LiveLaw (SC) 324 : AIR 2023 SC 2074 : 2023 INSC 373

Land Revenue Act, 1887 (Punjab) ; Section 118 - Disposal of other question - When a Revenue Officer takes a decision under Section 118 of Punjab Land Revenue Act, for partition of property, then the said partition would stand completed and the joint status of the parties would stand severed; subject to the decision in appeal if any preferred by the party. The further proceeding to draw an instrument of partition would be only an executory or ministerial work to be carried out to completely dispose of the partition case. Hence, merely because the instrument of partition was not drawn, it could not be said that the partition was not completed or that the joint status of the parties was not severed. (Para 30) Jhabbar Singh v. Jagtar Singh, 2023 LiveLaw (SC) 324 : AIR 2023 SC 2074 : 2023 INSC 373

Licensing of Auction Platform Rules, 1981

Licensing of Auction Platform Rules, 1981 - Merely because a person is having a licence and doing business in a particular shop, he is not entitled to the auction platform as a matter of right and that too, in front of and/or adjacent to his shop. (Para 6.6) Gurjit Singh v. Union Territory, 2023 LiveLaw (SC) 180 : AIR 2023 SC 1395 : 2023 INSC 199

Limitation Act, 1963

Limitation Act, 1963; Section 3, 5 - Code of Civil Procedure, 1908; Section 96, 149 - Being short of sufficient funds to pay court fee is not a reason to condone delay in filing appeal - In such a scenario, an appeal can be filed in terms of Section 149 CPC and thereafter the defects can be removed by paying deficit court fees. (Para 5-10) Ajay Dabra v. Pyare Ram, 2023 LiveLaw (SC) 69 : AIR 2023 SC 698 : (2023) 1 SCR 449 : 2023 INSC 90

Limitation Act, 1963; Section 3, 5 - Code of Civil Procedure, 1908; Section 96 - An appeal has to be filed within the stipulated period, prescribed under the law. Belated appeals can only be condoned, when sufficient reason is shown before the court for the delay. The appellant who seeks condonation of delay therefore must explain the delay of each day. It is true that the courts should not be pedantic in their approach while condoning the delay, and explanation of each day's delay should not be taken literally, but the fact remains that there must be a reasonable explanation for the delay. (Para 5) Ajay Dabra v. Pyare Ram, 2023 LiveLaw (SC) 69 : AIR 2023 SC 698 : (2023) 1 SCR 449 : 2023 INSC 90

Limitation Act, 1962; Section 5 - Justice oriented approach rather than the iron- cast technical approach to be adopted - Supreme Court restored an appeal before lower appellate court which had dismissed it on the ground that the delay of 52 days was not properly explained. (Para 3-6) Raheem Shah v. Govind Singh, 2023 LiveLaw (SC) 572 : 2023 INSC 651

Limitation Act, 1963; Section 5 - 'Sufficient cause' is the only criterion for condoning delay. 'Sufficient Cause' is the cause for which a party could not be blamed. (Para 25) Sabarmati Gas Ltd. v. Shah Alloys Ltd., 2023 LiveLaw (SC) 9: AIR 2023 SC 288 : (2023) 3 SCC 229 : 2023 INSC 10

Limitation Act, 1963; Article 54 - Specific Performance of Contract - When no time is fixed for performance, limitation runs from the period when the plaintiff had notice of refusal. (Para 27) A. Valliammai v. K.P. Murali, 2023 LiveLaw (SC) 777 : 2023 INSC 823

Limitation Act, 1963; Section 5 - Condonation of Delay - A liberal approach should be taken regarding delay in appeals filed by the State. (Para 37) Sheo Raj Singh v. Union of India, 2023 LiveLaw (SC) 865 : 2023 INSC 885

Lokayukta Act, 2014

Lokayukta Act, 2014 (Odisha); Section 20(1) - No infirmity in Lokayukta's direction to the Director of Vigilance, Odisha, Cuttack to conduct a preliminary inquiry - Supreme Court sets aside Orissa HC order which set aside Lok Ayukta direction. Office of the Odisha Lokayukta v. Dr. Pradeep Kumar Panigrahi, 2023 LiveLaw (SC) 135 : AIR 2023 SC 1202 : (2023) 2 SCR 560 : 2023 INSC 154

Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973

Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973; Section 54 - the words used in Section 54 of the Adhiniyam are “fails to commence implementation”. That does not mean that there must be implementation of the scheme within the time stipulated under section 54 of the Adhiniyam. There is a clear distinction between the words “implementation” of the scheme and “to commence implementation”- word “implementation” occurring in section 54 of the Adhiniyam cannot be construed to mean that even after substantial steps have been taken by the authority towards the implementation of the scheme, the scheme shall lapse after the expiry of three years because of its non-completion within that period - Approves MP HC judgment in Sanjai Gandhi Grah Nirman Sahkari Sanstha Maryadit v. State of M.P.AIR 1991 MP 72. (Para 8, 9) Indore Development Authority v. Burhani Grih Nirman Sahakari Sanstha Maryadit Sneh Nagar, 2023 LiveLaw (SC) 183 : AIR 2023 SC 1401 : (2023) 2 SCR 84 : 2023 INSC 200

Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973; Section 54 - When within three years various steps were taken for implementation of the scheme including the steps to acquire the land by negotiations and even thereafter on failure to acquire the land by negotiations approaching the State Government to acquire the land under the Land Acquisition Act, the High Court has erred in declaring that the scheme has lapsed under section 54 of the Adhiniyam. The High Court has adopted too narrow a meaning while interpreting and/or considering section 54 of the Adhiniyam. (Para 11) Indore Development Authority v. Burhani Grih Nirman Sahakari Sanstha Maryadit Sneh Nagar, 2023 LiveLaw (SC) 183 : AIR 2023 SC 1401 : (2023) 2 SCR 84 : 2023 INSC 200

Madhya Pradesh Niji Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007

Madhya Pradesh Niji Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007; Section 9(1) - It is only by way of regulating the fees so proposed that the AFRC would exercise the power of reviewing the proposed fees, after giving due opportunity of hearing to the educational institution concerned. The contrary stand taken by the AFRC, as is evident from its communications to the appellant society, therefore cannot be countenanced. It is not open to the AFRC to seek to unilaterally fix the fees to be charged by the appellant society for the professional courses offered through its educational institutions. (Para 16) Icon Education Society v. State of Madhya Pradesh, 2023 LiveLaw (SC) 202 : AIR 2023 SC 1680 : (2023) 2 SCR 728 : 2023 INSC 256

Maharashtra Municipal Corporation Act, 1949

Maharashtra Municipal Corporation Act, 1949 - Section 439 read with Clause (5) of Appendix IV - Service of employees in Zilla Parishad (ZP) should be counted for seniority when Zilla Parishad has been absorbed by Municipal Corporation. There is no dispute regarding the fact that Clause 5(c), including its first proviso, occupies this field of law till date. The provision explicitly deals with protection of conditions of service of the officers and servants who were earlier employed in a local authority like a ZP, and who have been subsequently absorbed into a Municipal Corporation. It expressly protects their service rendered by them in the local authority before the appointed day and further provides that it shall be considered as service rendered in the Municipal Corporation itself. Given the existence of this unambiguous provision, the only logical conclusion is that the service rendered by Respondent Nos. 5 to 79 in the ZP has to be treated as service rendered in the PMC. Such service, therefore, has to be counted towards the determination of their seniority as well. (Para 21) Maharashtra Rajya Padvidhar Prathamik Shikshak v. Pune Municipal Corporation, 2023 LiveLaw (SC) 229 : (2023) 2 SCR 981 : 2023 INSC 258

Marine Insurance Act, 1963

Marine Insurance Act, 1963 - An insured party seeking insurance coverage based on a Classification Certificate for a vessel must proactively bring any shortcomings or defects to the attention of the Classification Society before the certificate is issued. This is important as the insurance coverage is based on the assumption that the Classification Society has diligently assessed all aspects before issuing the certificate. (Para 16, 21) Hind Offshore Pvt. Ltd. v. IFFCO General Insurance Co. Ltd., 2023 LiveLaw (SC) 640 : 2023 INSC 694

Marine Insurance Act, 1963 - If the ship is sent to sea in an unseaworthy state, the insurer is not liable for any loss attributable to unseaworthiness. (Para 16) Hind Offshore Pvt. Ltd. v. IFFCO General Insurance Co. Ltd., 2023 LiveLaw (SC) 640 : 2023 INSC 694

Maternity Benefits Act, 1961

Maternity Benefits Act, 1961 - Maternity benefits must be granted even if the period of benefit overshoots the term of contractual employment. (Para 10) Dr. Kavita Yadav v. Secretary Ministry of Health and Family Welfare, 2023 LiveLaw (SC) 701

Medical Council Act, 1956

Medical Council Act, 1956; Section 10A - Assam Community Professionals (Registration and Competency) Act, 2015 - the 2015 Act is not in conflict with the Indian Medical Council Act, since the Act does not deal with community health professionals who would practise as allopathic practitioners in the manner as they were permitted to practise under the Assam Act, in rural areas of the state. Hence, the Act of 2015 is not hit by Entry 66 of List I of the Constitution and is within the legislative competence of the State Legislature under the Seventh Schedule of the Constitution. Baharul Islam v. Indian Medical Association, 2023 LiveLaw (SC) 57 : AIR 2023 SC 721 : 2023 INSC 81

Medical Termination of Pregnancy Act, 1971

Medical Termination of Pregnancy Act, 1971 - A foetus is dependent on the mother and cannot be recognized as an individual personality from that of the mother as its very existence is owed to the mother. It would be incongruous to conclude that the foetus has a separate identity from the mother and in spite of the physical or mental health of a mother being under threat, she will have to continue her pregnancy until the foetus is born which would endanger her delicate health. Such a position is contrary to Article 21 and 15(3) of the Constitution of India which recognize the right to life and liberty and particularly those of a woman. (Para 7) In the matter of Union of India, 2023 LiveLaw (SC) 881

Medical Termination of Pregnancy Act, 1971 - One cannot also lose sight of the fact that reproduction is unique to women and throughout her life, a woman goes through the process of menstruation, pregnancy, delivery, post-delivery phase and ultimately menopause. Right to reproductive health being a woman's human right would also include the right to an abortion. Otherwise, a woman who is forced into an unwanted pregnancy would experience physical and mental trauma and to endure the pregnancy which may continue in the post-natal period owing to which she would have the burden of bringing up an additional child and consequently, may lose out on other opportunities in life including right to employment and contribution to the income of the family. (Para 7) In the matter of Union of India, 2023 LiveLaw (SC) 881

Medical Termination of Pregnancy Act, 1971 - The pregnant lady is not interested in continuing with the pregnancy. In such a situation whether the child to be born is viable or if the child would be a healthy child are not relevant considerations. What is to be focused upon is, whether, the pregnant lady intends to give birth to a child or not. (Para 6) In the matter of Union of India, 2023 LiveLaw (SC) 881

Medical Termination of Pregnancy Act, 1971 - “To give birth to an unwanted child or not” is the question posed by the appellant in this appeal, being unsuccessful before the Gujarat High Court. It is significant to note that the High Court has not taken into consideration the relevant facts that the appellant was pregnant for 25 weeks and 6 days +/- 2 weeks and the weight of foetus was around 914 grams as per ultra-sonography report. The report further stated that although there is no congenital abnormality in the foetus, the medical termination of the pregnancy could be done only if the Court permits, after taking the consent of the appellant and explaining potential risk to maternal health. However, the following paragraphs of the report have not been noted by the High Court that at present the survivor is clinically fit for above mentioned procedure and the Medical Termination of Pregnancy would not adversely affect child bearing capacity and General Health of the Survivor in future. We find that in the absence of even noticing the aforesaid portion of the report, the High Court was not right in simply holding that “the age of the foetus is almost 27 weeks as on 17.08.2023 and considering the statements made by the learned advocate for the petitioner-victim and the averments made in the application the petition for medical termination of pregnancy stands rejected”, which, in our view is ex facie contradictory. (Para 9, 10) XYZ v. State of Gujarat, 2023 LiveLaw (SC) 680

Medical Termination of Pregnancy Act, 1971 - A woman alone has the right over her body and is the ultimate decision-maker on the question of whether she wants to undergo an abortion. (Para 17) XYZ v. State of Gujarat, 2023 LiveLaw (SC) 680

Medical Termination of Pregnancy Act, 1971 - In Indian society, within the institution of marriage, generally pregnancy is a reason for joy and celebration and of great expectation, not only for the couple but also for their families and friends. By contrast, pregnancy outside marriage, in most cases, is injurious, particularly, after a sexual assault/abuse and is a cause for stress and trauma affecting both the physical and mental health of the pregnant woman the victim. Sexual assault or abuse of a woman is itself distressing and sexual abuse resulting in pregnancy compounds the injury. This is because such a pregnancy is not a voluntary or mindful pregnancy. (Para 13) XYZ v. State of Gujarat, 2023 LiveLaw (SC) 680

Medical Termination of Pregnancy Act, 1971 - In the context of abortion, the right of dignity entails recognising the competence and authority of every woman to take reproductive decisions, including the decision to terminate the pregnancy. Although human dignity inheres in every individual, it is susceptible to violation by external conditions and treatment imposed by the State. The right of every woman to make reproductive choices without undue interference from the state is central to the idea of human dignity. Deprivation of access to reproductive healthcare or emotional and physical well-being also injures the dignity of women. (Para 18) XYZ v. State of Gujarat, 2023 LiveLaw (SC) 680

Mines and Minerals (Development and Regulation) Act, 1957

Mines and Minerals (Development and Regulation) Act, 1957; Sections 10-A, 10-A (1), 10-A (2)(b) - Mines and Minerals (Development and Regulation) Amendment Act, 2015 - Concession Rules, 2016; Rule 61 and Proviso - Exceptions applicable to Section 10-A (1) of the MMDR Act - Where a prospecting licence has been granted to the permit holder or the licensee has the right to obtain a prospecting licence followed by a mining lease, and the State Government is satisfied that the permit holder or the licensee has complied with the requirements specified in Section 10- A (2)(b) of the MMDR Act, the bar of Section 10-A (1) shall not be applicable. Another exception was when the Central Government had already communicated their previous approval or the State Government had issued a 'Letter of Intent' for grant of mining lease before coming into force of the 2015 Amendment Act. (Para 14) State of West Bengal v. Chiranjilal (Mineral) Industries of Bagandih, 2023 LiveLaw (SC) 787 : 2023 INSC 824

Mines and Minerals (Development and Regulation) Act, 1957; Section 15 - Appeals seek to overturn the decision of the High Court declaring Rule 4 (10) and Rule 7 (3) of the Rajasthan Minor Mineral Concession Rules, 1986 as unconstitutional. Held, in any case, the decisions of the High Court rendered earlier do not stand in the way of the impugned amendments. They were with respect to sandstone alone, while in the impugned judgment the High Court applied it to all the minor minerals. In the decision rendered by the High Court dated 13.03.2013 all the applications were directed to be considered as per the amended Rules. In fact, the reasoning of the High Court in the impugned order is contrary to the earlier order passed. The impugned Rules have been introduced in exercise of the power conferred under Section 15 of the 1957 Act. There is neither a right nor it gets vested through an application made over a government land. Law does not facilitate hearing the parties in bringing an amendment by an authority competent to do so. The High Court has totally misconstrued the issues ignoring the fact that there is a delegation of power to the first appellant which was rightly exercised as conferred under Section 15 of the 1957 Act. For the foregoing reasons, we have no hesitation in setting aside the impugned judgments. (Para 22) State of Rajasthan v. Sharwan Kumar Kumawat, 2023 LiveLaw (SC) 586 : 2023 INSC 661

Minor Mineral Concession Rules

Minor Mineral Concession Rules, 1986 (Rajasthan); Rule 4 (10) and Rule 7 (3) - Legal Malice – Amendment made vide Notification dated 28.01.2011 to Rule 4 and 7 - It is contended that the impugned Rules have been brought forth only to nullify the effect of the judgments. The Appellants have duly complied with the orders passed. Even otherwise, law is quite settled that the basis of a judgment can be removed and a decision of the court cannot be treated like a statute, particularly when power is 2 available to act and it is accordingly exercised in public interest. In such a view of the matter, do not find any legal malice in the amendments. (Para 21) State of Rajasthan v. Sharwan Kumar Kumawat, 2023 LiveLaw (SC) 586 : 2023 INSC 661

Minor Mineral Concession Rules, 2016 (Orissa) - Rule 51(7) - Collector is the competent authority to cancel a lease deed for non-production of solvency certificate. Debidutta Mohanty v. Ranjan Kumar Pattanaik, 2023 LiveLaw (SC) 174 : AIR 2023 SC 1317 : (2023) 2 SCR 72 : 2023 INSC 203

Motor Vehicles Act, 1988

Motor Vehicles Act 1988 - Aggregators License - The Guidelines issued by the Central Government in 2020 are only of persuasive value and are not mandatory. The ultimate decision on granting a license and formulating rules lies with the State Government, who may consider the Guidelines while making their decision- When the State Government formulates rules in pursuance of its power under Section 96, it may also bear in mind the Guidelines which have been framed by the Union Government in 2020. (Para 8, 9) Roppen Transportation Services Pvt Ltd v. Union of India, 2023 LiveLaw (SC) 100 : (2023) 4 SCC 349 : 2023 INSC 102

Motor Vehicle Act, 1988 - Appellant was working as a gunman. On account of amputation of his right leg above the knee, he was terminated from service. It is not a matter of dispute that a person with his right leg amputated cannot perform the duty of a gunman. This is his functional disability. The Tribunal was right in assessing the loss of earning capacity of the appellant at 100% and assessing the compensation accordingly. The High Court was in error in reducing the loss of earning capacity to 80%. (Para 10) Sarnam Singh v. Shriram General Insurance, 2023 LiveLaw (SC) 498 : 2023 INSC 597

Motor Vehicle Act, 1988 - In cases of motor accident claims, the physical disability caused due to an accident must be judged with reference to the nature of the work being done by the injured for assessing award of compensation. (Para 9) Sarnam Singh v. Shriram General Insurance, 2023 LiveLaw (SC) 498 : 2023 INSC 597

Motor Vehicles Act, 1988 - The primary issue which has been referred to the Constitution Bench is whether a person holding a driving licence in respect of a “light motor vehicle” could on the strength of the licence be entitled to drive a “transport vehicle of light motor vehicle class” having unladen weight not exceeding 7500 kgs. In Mukund Dewangan v. Oriental Insurance Company Limited (2017) 14 SCC 663, a 3-judge Bench held that a separate endorsement in the "Light Motor Vehicle" driving licence was not required to drive a transport vehicle having unladen weight below 7500 kgs. Thus, a person holding an LMV driving licence was entitled to drive a "transport vehicle of light motor vehicle class" having an unladen weight not exceeding 7500 kgs. In 2022, the dictum in Mukund Dewangan was doubted by a coordinate bench and the matter was referred to a 5-judge bench. Held, statutory issue combined with social policy, not an interpretative exercise to be carried by court. An interpretation given by the Court could impact the livelihood of hordes of drivers. Therefore, the Central Government should consider bringing appropriate legislative amendments to strike a balance between the livelihood issue and road safety concerns. (Para 14) Bajaj Alliance General Insurance Co.Ltd. v. Rambha Devi, 2023 LiveLaw (SC) 793 : 2023 INSC 832

Motor Vehicle Act, 1988 - The same injury suffered by two different persons may affect them in different ways. Loss of leg by a farmer or a rickshaw puller may be the end of the road as far as his earning capacity is concerned. Whereas, in case of the persons engaged in some kind of desk work in office, loss of leg may have lesser effect. (Para 9) Sarnam Singh v. Shriram General Insurance, 2023 LiveLaw (SC) 498 : 2023 INSC 597

Motor Vehicles Act, 1988 - Disability - Inability of the Claimant to work due to the disability cannot be denied on the ground that his Employer was not examined or no letter was produced from the Employer. The evidence of disability such as disability certificate and identity card issued by Directorate for the Empowerment of Differently Abled and Senior Citizens, cannot be brushed aside. (Para 9) Lakshmana Gowda B.N. v Oriental Insurance, 2023 LiveLaw (SC) 528 : 2023 INSC 611

Motor Vehicles Act, 1988 - Marriage Prospects - On account of the injuries sustained claimant has suffered 75% whole body disability. He has clearly deposed that on account of the injuries sustained and consequential disability suffered his marriage prospects have become bleak. Even in the affidavit filed on 30.09.2022 he has deposed that he has remained unmarried and none has come forward to marry him. In other words, the prospects of appellant getting married would remain a dream and for loss of the same he has to be suitably awarded compensation. Hence, we award a sum of Rs.50,000/- towards the “loss of marriage prospects. (Para 11) Lakshmana Gowda B.N. v Oriental Insurance, 2023 LiveLaw (SC) 528 : 2023 INSC 611

Motor Vehicles Act, 1988 – Pain and Suffering - Enhanced the compensation towards 'Pain and Suffering' to additional Rs. 50,000/, while observing that the Claimant was hospitalized for ten days and was in continuous treatment thereafter. (Para 8) Lakshmana Gowda B.N. v Oriental Insurance, 2023 LiveLaw (SC) 528 : 2023 INSC 611

Motor Vehicles Act, 1988 – Salary - Compensation on the aspect of salary to be revised as per the amount mentioned in salary certificate. Claimant has deposed that he was working as Marketing Executive in a private company and drawing a salary of Rs.8,000/- p.m. as per salary certificate. No doubt claimant did not examine his employer. On this ground, it cannot be gain said by the Insurer that claimant was unable to earn or was not earning Rs.8,000/- p.m. The accident in question had occurred in the year 2007. Even a mason at that point of time was earning not less than Rs.300/- per day or in other words Rs.9,000/- p.m. during 2007. Claimant being a graduate and working as Marketing Executive, his plea of salary being Rs.8,000/- p.m. deserves to be accepted, as it is within proximity of truth and same could not have been ignored by the Tribunal and the High Court on hyper technical grounds. (Para 10) Lakshmana Gowda B.N. v Oriental Insurance, 2023 LiveLaw (SC) 528 : 2023 INSC 611

Motor Vehicles Act, 1988 - The Supreme Court has awarded enhanced compensation of Rs. 15.9 Lakhs from the previous amount of Rs. 2.3 Lakhs, to a motor vehicle accident victim, who sustained 75% whole body injury. The Bench has additionally granted compensation towards 'loss of marriage prospects' since the Claimant remained unmarried due to disability. (Para 11, 13) Lakshmana Gowda B.N. v Oriental Insurance, 2023 LiveLaw (SC) 528 : 2023 INSC 611

Motor Vehicles Act, 1988 - While considering a petition for compensation for death or injury in a road accident, the standard of proof to be applied by the Motor Accident Claims Tribunal, is the preponderance of probabilities and the standard of proof of beyond reasonable doubt would not apply. The final report in the criminal investigation connected to the accident would not have a bearing on the claim petition and that the claim petition must be considered on its own merits. (Para 9, 10) Mathew Alexander v. Mohammed Shafi, 2023 LiveLaw (SC) 531 : 2023 INSC 621

Motor Vehicles Act, 1988; Section 93 - No person can continue as an aggregator in the absence of a licence- Supreme Court directs Uber to apply for license. Uber India Systems Pvt. Ltd. v. Union of India, 2023 LiveLaw (SC) 108

Motor Vehicles Act, 1988; Section 93, 96 - Cab aggregators license- Supreme Court directs State of Maharashtra to expeditiously frame the rules on granting aggregators license so as to avoid litigation and uncertainty. Uber India Systems Pvt. Ltd. v. Union of India, 2023 LiveLaw (SC) 108

Motor Vehicles Act, 1988; Section 166 - It is not mandatory for the claimants to lodge an application for compensation under Section 166 before the MACT having jurisdiction over the area where the accident occurred - Claimants can approach the MACT within the local limits of whose jurisdiction they reside or carry on business or the defendant resides. Pramod Sinha v. Suresh Singh Chauhan, 2023 LiveLaw (SC) 596

Municipal Corporation Act (Delhi)

Municipal Corporation Act (Delhi) - Delhi Municipal Corporation (Procedure and Conduct of Business) Regulations - These provisions make it abundantly clear that the election of the Mayor has to be held first. The elected Mayor is then required to preside over the election of the Deputy Mayor as the presiding authority. Consequently, with this clarification, it must be noted that the election of the Mayor shall be conducted first in the first meeting of the Municipal Corporation of Delhi. Once the Mayor is elected, the elected Mayor shall be the presiding authority for the purpose of the election of the Deputy Mayor. (Para 12) Shelly Oberoi v. Office of Lieutenant Governor of Delhi, 2023 LiveLaw (SC) 119 : (2023) 5 SCC 414 : 2023 INSC 132

National Green Tribunal Act, 2010

National Green Tribunal Act 2010 - Supreme Court allows housing society's appeal against NGT's direction to halt constructions near a lake- issue whether the construction was in submerged area was decided in earlier civil proceedings in favour of the society- that decree was affirmed by the SC- So NGT could not have ignored the decree- he decree was affirmed by all the courts. When the NGT was made aware of this fact, it chose to ignore it. Without a review, or any known process by which a decree concerning the same facts could be reopened, the NGT could not have rejected the society's contentions. The society's appeal, therefore, requires to succeed. Shramjeevi Cooperative Housing Society Ltd. v. Dinesh Johi, 2023 LiveLaw (SC) 258 : AIR 2023 SC 1558 : 2023 INSC 275

National Green Tribunal Act, 2010 - Principles of Natural Justice - Expert Opinion - the National Green Tribunal (NGT) being an adjudicatory body must comply with the principles of natural justice. If the NGT intends to rely on the report of an expert Committee or any other material that is brought to its knowledge, the concerned party must be informed of it in advance, and be given an opportunity for discussion and rebuttal. (Para 16) Singrauli Super Thermal Power Station v. Ashwani Kumar Dubey, 2023 LiveLaw (SC) 524 : 2023 INSC 618

National Green Tribunal Act, 2010 - The appellants were not given an opportunity to file their objections to the recommendations of the Expert Committee. The Court noted that the recommendations were uploaded on 15.01.2022 and the Tribunal passed its final order on 18.01.2022, i.e, only three days later. Accordingly, on the ground of noncompliance of the principles of natural justice, the impugned order of the Tribunal was set aside and the matter was remanded to the NGT for re-consideration from the stage of recommendation of the Expert Committee. Singrauli Super Thermal Power Station v. Ashwani Kumar Dubey, 2023 LiveLaw (SC) 524 : 2023 INSC 618

National Green Tribunal Act, 2010; Section 17 - Employees' State Insurance (ESI) Act, 1948; Section 53 - Whether NGT can exercise jurisdiction when the matter is covered under the ESI Act? Held, that this issue merits consideration. But given the circumstances of the case, chose not to interfere with the compensation given and kept the question of law open for the future. Rourkela Steel plant v. Odisha Pollution Control Board, 2023 LiveLaw (SC) 593

National Green Tribunal Act, 2010; Section 19(1) - Principles of Natural Justice - the NGT is a judicial body and therefore exercises adjudicatory function. The very nature of an adjudicatory function would carry with it the requirement that principles of natural justice are complied with, particularly when there is an adversarial system of hearing of the cases before the Tribunal or for that matter before the Courts in India. The NGT though is a special adjudicatory body constituted by an Act of Parliament, nevertheless, the discharge of its function must be in accordance with law which would also include compliance with the principles of natural justice as envisaged in Section 19(1) of the Act. (Para 15) Singrauli Super Thermal Power Station v. Ashwani Kumar Dubey, 2023 LiveLaw (SC) 524 : 2023 INSC 618

National Green Tribunal Act 2010; Section 25 - The NGT has power under Section 25 to execute its orders as decrees of a civil court-The Tribunal is entrusted with the wholesome power to ensure that its orders are complied with. (Para 5, 6) Sushil Raghav v. Union of India, 2023 LiveLaw (SC) 140

National Green Tribunal Act, 2010 - Challenge to Environmental Clearance - Whether against the corrigendum to the EC along with additional conditions, an appeal before the NGT would be maintainable or not-An aggrieved person may always challenge the corrigendum imposing additional conditions to the Environmental Clearance, but the appeal would be restricted to the corrigendum if the original EC is not under challenge and/or the original EC has been confirmed by the NGT earlier on certain conditions which have not been challenged. (Para 9) IL&FS Tamil Nadu Power Company Ltd. v. T. Muruganandam, 2023 LiveLaw (SC) 192 : (2023) 6 SCC 585 : 2023 INSC 136

National Green Tribunal Act, 2010 - NGT has the jurisdiction to direct the CPCB that it should in exercise of its powers under Section 5 of the Environment Protection Act, 1986. (Para 44, 47) Indian Oil Corporation Ltd. v. VBR Menon, 2023 LiveLaw (SC) 185 : AIR 2023 SC 1573 : (2023) 7 SCC 368 : 2023 INSC 231

National Highways Authority Act, 1956

National Highways Authority Act, 1956; Section 3H - Apportionment under sub­clause (4) of Section 3H of the Act 1956 is not a revaluation but a distribution of the value already fixed among the several persons interested in the land acquired in accordance with the nature and quantum of the respective interests. In ascertainment of those interests, the determination of their relative importance and the manner in which they can be said to have contributed to the total value fixed are questions to be decided in the light of the circumstances of each case and the relevant provisions of law governing the rights of the parties. The actual rule for apportionment has to be formulated in each case so as to ensure a just and equitable distribution of the total value or compensation among the persons interested in the land. (Para 28) Vinod Kumar v. District Magistrate Mau, 2023 LiveLaw (SC) 511 : 2023 INSC 606

National Highways Authority Act, 1956; Section 3H - When it comes to resolving the dispute relating to apportionment of the amount determined towards compensation, it is only the Principal Civil Court of original jurisdiction which can do so. Principal Civil Court means the Court of the District Judge ­If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, then, the competent authority shall refer the dispute to the decision of the Principal Civil Court of original jurisdiction within the limits of whose jurisdiction the land is situated. The competent authority possesses certain powers of the Civil Court, but in the event of a dispute of the above nature, the summary power, vesting in the competent authority of rendering an opinion in terms of sub­section (3) of Section 3H, will not serve the purpose. The dispute being of the nature triable by the Civil Court that the law steps in to provide for that to be referred to the decision of the Principal Civil Court of original jurisdiction. The dispute regarding apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, would then have to be decided by that Court. (Para 33-34) Vinod Kumar v. District Magistrate Mau, 2023 LiveLaw (SC) 511 : 2023 INSC 606

National Livestock Policy, 2013

National Livestock Policy, 2013 - The decision regarding the prohibition of cow slaughter is for the legislature to take. The court cannot force the legislature to come out with a specific law even in its writ jurisdiction. The court also took note of the steps taken by the state governments for the protection of cows. Mathala Chandrapati Rao v Union of India, 2023 LiveLaw (SC) 535

Non-Governmental Educational Institutions Act, 1989 (Rajasthan)

Non-Governmental Educational Institutions Act, 1989 (Rajasthan); Section 18 - Even in case of termination/removal of an employee of a recognized institution after holding departmental enquiry/proceedings prior approval of the Director of Education has to be obtained as per first proviso to Section 18 - In Section 18, there is no distinction between the termination, removal, or reduction in rank after the disciplinary proceedings/enquiry or even without disciplinary proceedings/enquiry. (Para 5-6) Gajanand Sharma v. Adarsh Siksha Parisad Samiti, 2023 LiveLaw (SC) 48 : AIR 2023 SC 539 : (2023) 1 SCR 949 : 2023 INSC 58

Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 (Chhattisgarh)

Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 (Chhattisgarh); Rule 6 - Election Petition seeking the relief for re-counting of votes only, without seeking any other reliefs i.e., declarations as contemplated in Rule 6, would not be tenable in the eye of law. (Para 13, 15) Dharmin Bai Kashyap v. Babli Sahu, 2023 LiveLaw (SC) 661 : 2023 INSC 712

Passengers and Goods Taxation Act, 1955 (Himachal Pradesh)

Passengers and Goods Taxation Act, 1955 (Himachal Pradesh); Sections 3(1) and 3 (1-A) - Amendment and Validation Act, 1997 - It is permissible for the legislature to remove a defect in an earlier legislation, as pointed out by a constitutional court in exercise of its powers of judicial review. The defect can be removed both prospectively and retrospectively by a legislative process and previous actions can also be validated. However, where a legislature merely seeks to validate the acts carried out under a previous legislation which has been struck down or rendered inoperative by a Court, by a subsequent legislation without curing the defects in such legislation, the subsequent legislation would also be ultra-vires. NHPC Ltd. v. State of Himachal Pradesh Secretary, 2023 LiveLaw (SC) 756

Pension Regulations for the Army, 1961

Pension Regulations for the Army, 1961; Rule 185 - Disability Pension - The appellant, after serving the Indian Army for 15 years until 1987 and having an exemplary service record, was diagnosed with a "complete heart block." He was placed in the permanent low medical category, qualifying for a hundred percent disability treatment. Despite being granted a disability pension, the Armed Forces Appellate Tribunal (AFT) limited its duration to one year. The key contention was the appellant's refusal to undergo a potentially life-threatening surgery, which the Medical Board considered while assessing his disability. The Court emphasized Rule 185 of the Pension Regulations for the Army-1961, which prescribes that, if a disability is deemed incapable of improvement, the disability pension should be granted for 10 years initially, subject to reassessment. The AFT had either overlooked or not justified its deviation from this rule. The Court set aside the Tribunal's one-year confinement, directing that the appellant receive his disability pension for 10 years, after which a re-assessment would be in order, in line with Rule 185. The arrears and payments for the pension are restricted to three years prior to his appeal to the Tribunal and the relevant future duration. The appeal was thus allowed. Ex L/NK Rajput Ajit Singh v. Union of India, 2023 LiveLaw (SC) 831

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Reservation in Promotions - the Supreme Court invoked Article 142 of the Constitution of India to direct RBI to extend the benefit of reservation in promotion to an employee with disability, who was denied the same for a long time. Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Issue of the RBI not condoning the shortfall of marks - It was rather harsh on the part of the RBI to apply the same standards for general candidates and those with disabilities. RBI, as a model employer, ought to have taken an informed decision in this regard commensurate with the aspirations of persons with disabilities. (Para 48, Dipankar Datta; J.) Reserve Bank of India v. A.K. Nair, 2023 LiveLaw (SC) 521 : 2023 INSC 613

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 – the Act, 1995 did not contain any express provision for reservation to persons with disabilities serving in the feeder cadre, though there were provisions indicating that merely because an employee is one living with a disability, they ought not to be denied promotion. However, mere absence of an express mandate for reservation in promotion for persons with disabilities did not absolve the Government from keeping reserved vacancies on promotional posts. (Para 13 & 16, Dipankar Datta; J.) Reserve Bank of India v. A.K. Nair, 2023 LiveLaw (SC) 521 : 2023 INSC 613

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - In 2003, the employee had appeared in the All India Merit Test to secure promotion to a Class-I post. But he fell short of the qualifying marks by 3 marks. He made representations seeking condonation of the shortfall marks, which were not considered. The Supreme granted notional promotion to him to the post of Assistant Manager Grade A from the date of presentation of his writ petition before the Bombay High Court (27th Sept, 2006) and actual promotion from the last date for compliance of the order of the High Court (15th Sept, 2014). The Bench granted two months' time to complete the process and four months' time to compute and release the monetary benefits accruing to him. It also clarified that in two years when he retires, in computing his retiral benefits his promotion from 27th Sept, 2006 should be taken into consideration. Reserve Bank of India v. A.K. Nair, 2023 LiveLaw (SC) 521 : 2023 INSC 613

Premises (Control of Rent and Eviction) Act, 1950 (Rajasthan)

Premises (Control of Rent and Eviction) Act, 1950 (Rajasthan); Section 14 (3) - the objective of section 14(3) of the Act was to safeguard the interest of tenants. As per the provision, Eviction suit cannot be filed by landlord within 5 years of tenancy. However, the court opined that even though in this case, the eviction suit was filed within 5 years, 38 years have gone by since then. This itself would cure the defect in the eviction suit. (Para 16, 18) Ravi Khandelwal v. Taluka Stores, 2023 LiveLaw (SC) 525 : 2023 INSC 615

Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Maharashtra)

Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Maharashtra); Section 9 (1) - The Supreme Court set aside the order of the High Court who had ruled on the validity of the sale deed executed between the co-defendants with respect to the suit property, by holding the same as void in view of Section 9 (1) of the Fragmentation Act. Consequently, the sale deed executed by the defendants in favour of the plaintiff was also held as void. Damodhar Narayan Sawale v. Shri Tejrao Bajirao Mhaske, 2023 LiveLaw (SC) 404 : 2023 INSC 491

Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Maharashtra); Section 36A - While entertaining the contentions raised in respect of the Fragmentation Act, the Trial Court and the High Court did not take into consideration the statutory bar of jurisdiction contained under Section 36A of the Fragmentation Act, which barred the jurisdiction of the Civil Court under the Act. Further, it reckoned that since the written statement of the defendant only contained a vague averment referring to the Fragmentation Act, the same could not be construed as a counter-claim capable of being treated as a plaint. Consequently, it did not enable the court to pronounce a final judgment in the same suit, on the said issue. Damodhar Narayan Sawale v. Shri Tejrao Bajirao Mhaske, 2023 LiveLaw (SC) 404 : 2023 INSC 491

Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013

Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 - The Union and the States are duty bound to ensure that the practice of manual scavenging is completely eradicated - Directions issued. (Para 96) Dr. Balram Singh v. Union of India, 2023 LiveLaw (SC) 917 : 2023 INSC 950

Protection of Human Rights Act, 1993

Protection of Human Rights Act, 1993 - Conduct of election is the sole responsibility of the Election Commission. The Human Rights Commission cannot encroach on the autonomy, independence and function of another constitutional authority such as the Election Commission. (Para 9 - 18) National Human Rights Commission v. West Bengal State Election Commission, 2023 LiveLaw (SC) 659

Provincial Small Cause Courts Act, 1887

Provincial Small Cause Courts Act, 1887; Section 17 - Security furnished by the judgment debtor in the form of a rented shop belonging to a third party, of which the surety was a tenant, cannot be accepted as a security in law. The proviso to Section 17 of the Act contemplates that the applicant seeking to set aside an exparte decree must either make a deposit of the amount in question or give security. However, in view of the decision of the Apex Court in Kedarnath vs Mohan Lal Kesarwari and Ors., AIR 2002 SC 582, the provision with respect to deposit can be dispensed with by the court. Thus, the applicant can, in other words, seek a dispensation with the requirement of deposit and can seek leave for furnishing such security as the court may direct. Arti Dixit v. Sushil Kumar Mishra, 2023 LiveLaw (SC) 473 : 2023 INSC 556

Public Servants (Inquiries) Act, 1850

Public Servants (Inquiries) Act, 1850 - Central Civil Services (Classification, Control and Appeal) Rules, 1965; Rule 14 - the disciplinary authority is empowered to appoint a retired employee as an inquiry authority. It is not necessary that the inquiry officer should be a public servant. Hence, no fault can be found as the inquiry officer was not a public servant, but a retired officer. Union of India v. Jagdish Chandra Sethy, 2023 LiveLaw (SC) 609

Railways Act, 1989

Railways Act, 1989 - Employees Compensation Act, 1923 - Whether the availability of an alternative remedy to claim compensation under Sections 124 and 124-A of the 1989 Act prevents a claim under the 1923 Act? Held, as per Section 128 of the 1989 Act, a person retains the right to claim compensation under the 1923 Act or any other existing law, even if they have the right to compensation under Section 124 or Section 124-A of the 1989 Act. However, the condition is that compensation cannot be claimed multiple times for the same accident. In the present case, there was no evidence to suggest that the respondents had already received compensation for the same accident under another law before making a claim under the 1923 Act. Consequently, their claim under the 1923 Act was not precluded due to the alternative remedy available under the 1989 Act. (Para 62 & 63) Railway Protection Special Force v. Bhavnaben Dinshbhai Bhabhor, 2023 LiveLaw (SC) 835 : 2023 INSC 859

Railways Act, 1989 - Mere absence of a ticket on the injured or deceased will not negate the claim that he was a bona fide passenger. Kamukayi v. Union of India, 2023 LiveLaw (SC) 449 : AIR 2023 SC 2761 : (2023) 6 SCR 399 : 2023 INSC 541

Real Estate (Regulation & Development) Act, 2016

Real Estate (Regulation & Development) Act, 2016 – Implementation Progress Report – The Supreme Court seeks responses of States/UTs which haven't established Real Estate Regulatory Authority, Appellate Tribunals. Pioneer Urban Land and Infrastructure Ltd. v. Union of India, 2023 LiveLaw (SC) 657

Recovery of Debts Due to Banks and Financial Institutions Act, 1993

Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - More than a decade back, the Apex Court had expressed serious concern despite its repeated pronouncements in regard to the High Courts ignoring the availability of statutory remedies under the RDBFI Act and the SARFAESI Act and exercise of jurisdiction under Article 226 of the Constitution. Even after, the decision in United Bank of India v. Satyawati Tondon, (2010) 8 SCC 110, it appears that the High Courts have continued to exercise its writ jurisdiction under Article 226 ignoring the statutory remedies under the RDBFI Act and the SARFAESI Act. (Para 96) Celir LLP v. Bafna Motors (Mumbai) Pvt. Ltd., 2023 LiveLaw (SC) 808 : 2023 INSC 838

Registration Act, 1908

Registration Act, 1908 - Effect of Tamil Nadu amendment by which Section 17(1)(g) of the Registration Act has been inserted which makes agreement to sell immovable property valued above Rs 100 compulsorily registrable - Held, the amendment will not affect proviso to Section 49, which allows unregistered sale agreements to be received in evidence. (Para 12, 13) R. Hemalatha v. Kashthuri, 2023 LiveLaw (SC) 304 : AIR 2023 SC 1895 : (2023) 2 SCR 834 : 2023 INSC 336

Registration Act, 1908; Proviso to Section 49 - An unregistered document affecting immovable property and required by Registration Act or the Transfer of Property Act to be registered, may be received as evidence of a contract in a suit for specific performance or as evidence of any collateral transaction not required to be effected by registered instrument. (Para 12, 13) R. Hemalatha v. Kashthuri, 2023 LiveLaw (SC) 304 : AIR 2023 SC 1895 : (2023) 2 SCR 834 : 2023 INSC 336

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 : AIR 2023 SC 2090 : (2023) 3 SCR 498 : 2023 INSC 393

Registration Act, 1908 - the inquiry contemplated under the Registration Act, cannot extend to question as to whether the person who executed the document in his capacity of the power of attorney holder of the principal, was indeed having a valid power of attorney or not to execute the document or not - production of the original power of attorney is not an indispensable requirement to establish the validity of execution of a sale deed. [Nagarathna; J., Para 23] Manik Majumder v. Dipak Kumar Saha, 2023 LiveLaw (SC) 29 : AIR 2023 SC 506 : (2023) 8 SCC 410 : 2023 INSC 34

Registration Act, 1908; Section 33(1)(c) - If the principal at the time of execution of the PoA does not reside in India, a PoA executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government shall be valid - when title is claimed on the basis of the Power of Attorney executed by the original owner on the strength of which execution of sale deed is takes place, the conditions provided under Section 33(1)(c) of the Registration Act are required to be strictly complied with. [Shah; J., Para 6, 7] Manik Majumder v. Dipak Kumar Saha, 2023 LiveLaw (SC) 29 : AIR 2023 SC 506 : (2023) 8 SCC 410 : 2023 INSC 34

Registration Act, 1908; Section 49 - an unregistered lease deed (which is otherwise compulsorily registrable) can be admitted in evidence to show the 'nature and character of possession', only when the 'nature and character of possession' is not the main term of the lease and is not the primary dispute before the Court for adjudication. Paul Rubber Industries Pvt. Ltd. v. Amit Chand Mitra, 2023 LiveLaw (SC) 827 : 2023 INSC 854

Registration Act, 1908; Section 60 - Statutory Presumption - Only in a case where the execution of the Power of Attorney is as per Section 32 read with Section 33(1)(c) of the Registration Act, there shall be statutory presumption. [Shah; J., Para 7] Manik Majumder v. Dipak Kumar Saha, 2023 LiveLaw (SC) 29 : AIR 2023 SC 506 : (2023) 8 SCC 410 : 2023 INSC 34

Registration Act, 1961 (West Bengal) - The Supreme Court has upheld the decision of the Calcutta High Court where it was held that the Registrar of Society can only cancel registration granted to a society under the Act, 1961, by exercising a power of procedural review. The High Court was of the view that there is a vital difference between a power of substantive review and procedural review, and the former was not available to the Registrar while deciding an application for cancellation of registration. The High Court observed that the Registrar had proceeded to exercise his power of substantive review, that too without reference to the application for registration that succeeded, while passing the cancellation order. Chen Khoi Kui v. Liang Miao Sheng, 2023 LiveLaw (SC) 796 : 2023 INSC 827

Registration of Electors (Amendment) Rules, 2022

Registration of Electors (Amendment) Rules 2022; Rule 26B - Submission of the Adhar number is not mandatory for electoral rolls. The Election Commission of India has given an undertaking to the Supreme Court that it will issue "appropriate clarificatory changes" in Forms 6 and 6B (for Registration in E-Roll) which required details of Aadhaar number for the purpose of electoral roll authentication for new voters. (Para 2) G. Niranjan v. Election Commission of India, 2023 LiveLaw (SC) 805

Rent Control Act, 1958 (Delhi)

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 : AIR 2023 SC 3067 : (2023) 4 SCR 493 : 2023 INSC 429

Rents, Hotel and Lodging House Rates (Control) Act, 1947 (Bombay)

Rents, Hotel and Lodging House Rates (Control) Act, 1947 (Bombay) - In the ordinary course and notwithstanding anything contained in any other law, unless the contract itself permits sub-letting, it shall not be lawful, after coming into operation of the Act of 1947, for a tenant to sub-let the premises let out to him or to assign or transfer in any manner his interest therein - The very act of execution of the assignment document was sufficient in itself to complete the breach of the lease condition and the statutory mandate and did not require anything further. Yuvraj @ Munna Pralhad Jagdale v. Janardan Subajirao Wide, 2023 LiveLaw (SC) 228 : (2023) 2 SCR 1135 : 2023 INSC 266

Representation of Peoples Act, 1951

Representation of People Act, 1951 - Democracy being an essential feature of the Constitution and the right to vote being a statutory right, the voter has the right to know about the full background of a candidate. (Para 28) Bhim Rao Baswanth Rao Patil v. K. Madan Mohan Rao, 2023 LiveLaw (SC) 563 : 2023 INSC 641

Representation of People Act, 1951 - the right to vote, based on an informed choice, is a crucial component of the essence of democracy. (Para 27) Bhim Rao Baswanth Rao Patil v. K. Madan Mohan Rao, 2023 LiveLaw (SC) 563 : 2023 INSC 641

Representation of People Act, 1951; Section 33A, 33B - Disclosure of past criminal antecedents of every candidate - Providing information is vital for a vibrant and functioning democracy. (Para 13) Bhim Rao Baswanth Rao Patil v. K. Madan Mohan Rao, 2023 LiveLaw (SC) 563 : 2023 INSC 641

Representation of People Act, 1951; Sections 81, 84 r/w. 100(1)(d)(i)(ii)(iii) & (iv) – the appellant questions judgment and order of the High Court dismissing an application which sought rejection of the election petition – Held, If the appellant's contentions were to be accepted, there would be a denial of a full-fledged trial, based on the acknowledgement that material facts were not suppressed. Whether the existence of a criminal case, where a charge has not been framed, in relation to an offence which does not possibly carry a prison sentence, or a sentence for a short spell in prison, and whether conviction in a case, where penalty was imposed, are material facts, are contested. This court would be pre-judging that issue because arguendo if the effect of withholding some such information is seen as insignificant, by itself, that would not negate the possibility of a conclusion based on the cumulative impact of withholding of facts and non-compliance with statutory stipulations (which is to be established in a trial). For these reasons, the impugned judgment cannot be faulted. (Para 28) Bhim Rao Baswanth Rao Patil v. K. Madan Mohan Rao, 2023 LiveLaw (SC) 563 : 2023 INSC 641

Representation of the People Act 1951; Section 62 - Supreme Court rejects challenge to Section 62(5) RP Act which denies prisoners right to vote. Aditya Prasanna Bhattacharya v. Union of India, 2023 LiveLaw (SC) 407

Representation of the People Act, 1950 - Whether a non-Tribal has the right to vote in a Scheduled Area – Held, every eligible voter is entitled to be registered in the electoral roll of a constituency, in which he is ordinarily residing. Therefore, any person eligible to vote who is ordinarily residing in the Scheduled Area has a right to vote, even if he is a non-Tribal. (Para 16) Adivasis for Social and Human Rights Action v. Union of India, 2023 LiveLaw (SC) 431 : AIR 2023 SC 2658 : 2023 INSC 512

Representation of the People Act, 1951; Sections 123, 83(1) (a) - Failure to plead material facts concerning alleged corrupt practice is fatal to the election petition. When allegations of corrupt practice are made against an elected representative in an election petition, the proceedings virtually become quasi-criminal. Further, the outcome of such a petition is very serious, which can oust a popularly elected representative of the people. Therefore, non-compliance with the requirement of stating material facts concerning the ground of corrupt practice, must result in the rejection of the petition at the threshold itself. (Para 13) Senthilbalaji V. v. A.P. Geetha, 2023 LiveLaw (SC) 471 : 2023 INSC 571

Representation of the People's Act, 1951 - An Election petition can be summarily dismissed on the omission of a single material fact leading to an incomplete cause of action, or omission to contain a concise statement of material facts on which the petitioner relies for establishing a cause of action, in exercise of the powers under Clause (a) of Rule 11 of Order VII CPC read with the mandatory requirements enjoined by Section 83 of the RP Act. Kanimozhi Karunanidhi v. A. Santhana Kumar, 2023 LiveLaw (SC) 398 : AIR 2023 SC 2366 : 2023 INSC 499

Representation of the People's Act, 1951 - In order to get an election declared as void under Section 100(1)(d)(iv) of the RP Act, the Election petitioner must aver that on account of non-compliance with the provisions of the Constitution or of the Act or any rules or orders made under the Act, the result of the election, in so far as it concerned the returned candidate, was materially affected. Kanimozhi Karunanidhi v. A. Santhana Kumar, 2023 LiveLaw (SC) 398 : AIR 2023 SC 2366 : 2023 INSC 499

Representation of the People's Act, 1951 - Material facts mean the entire bundle of facts which would constitute a complete cause of action. Material facts would include positive statement of facts as also positive averment of a negative fact, if necessary. Kanimozhi Karunanidhi v. A. Santhana Kumar, 2023 LiveLaw (SC) 398 : AIR 2023 SC 2366 : 2023 INSC 499

Representation of the People's Act, 1951 - The Election petition is a serious matter and it cannot be treated lightly or in a fanciful manner nor is it given to a person who uses it as a handle for vexatious purpose. Kanimozhi Karunanidhi v. A. Santhana Kumar, 2023 LiveLaw (SC) 398 : AIR 2023 SC 2366 : 2023 INSC 499

Representation of the People's Act, 1951 - The material facts must be such facts as would afford a basis for the allegations made in the petition and would constitute the cause of action, that is every fact which it would be necessary for the plaintiff/petitioner to prove, if traversed in order to support his right to the judgement of court. Omission of a single material fact would lead to an incomplete cause of action and the statement of plaint would become bad. Kanimozhi Karunanidhi v. A. Santhana Kumar, 2023 LiveLaw (SC) 398 : AIR 2023 SC 2366 : 2023 INSC 499

Representation of the People's Act, 1951; Section 83(1)(a) - Election petition shall contain a concise statement of material facts on which the petitioner relies. If material facts are not stated in an Election petition, the same is liable to be dismissed on that ground alone, as the case would be covered by Clause (a) of Rule 11 of Order 7 of the Code. Kanimozhi Karunanidhi v. A. Santhana Kumar, 2023 LiveLaw (SC) 398 : AIR 2023 SC 2366 : 2023 INSC 499

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 : AIR 2023 SC 3053 : 2023 INSC 466

Representation of Peoples Act, 1951; Section 33(7) - Challenge to provision allowing candidates to contest from two seats rejected - Permitting a candidate to contest from more than one seat in a Parliamentary election or at an election to the State Legislative Assembly is a matter of legislative policy. It is a matter pertaining to legislative policy since, ultimately, Parliament determines whether political democracy in the country is furthered by granting a choice such as is made available by Section 33(7) of the Act of 1951. A candidate who contests from more than one seat may do so for a variety of reasons not just bearing on the uncertainty which the candidate perceives of an election result. There are other considerations which weigh in the balance in determining whether this would restrict the course of electoral democracy in the country. This is a matter where Parliament is legitimately entitled to make legislative choices and enact or amend legislation. The Law Commission and the Election Commission may at the material time have expressed certain viewpoints. Whether they should be converted into a mandate of the law depends on the exercise of Parliamentary sovereignty in enacting legislation. Absent any manifest arbitrariness of the provision so as to implicate the provisions of Article 14 or a violation of Article 19, it would not be possible for this Court to strike down the provision as unconstitutional. (Para 12) Ashwini Kumar Upadhyay v. Union of India, 2023 LiveLaw (SC) 84

Representation of the People Act, 1951 - Conduct of Election Rules, 1961; Rule 39AA - Constitutional validity of - Open Ballot System in Rajya Sabha Elections - Information regarding casting of votes - The petitioner has sought to challenge the constitutional validity of Rule 39AA on the ground that it is (i) ultra vires Article 80(4) of the Constitution; (ii) violative of Article 14; and (iii) contrary to the provisions of Section 123(2) of the 1951 Act - The challenge must fail in view of the judgment of the Constitution Bench in Kuldip Nayar v Union of India, (2006) 7 SCC 1 - The provision was inserted specifically to prevent cross-voting in elections to the Council of States. In this backdrop, there is no merit in the challenge. [Para 11 – 16] Lok Prahari v. Union of India, 2023 LiveLaw (SC) 254

Representation of the People Act, 1951; Proviso to Section 33 – Constitutional validity of - Presentation of nomination paper and requirements for a valid nomination - The proviso stipulates that a candidate who is not set up by a recognized political party shall not be deemed to be duly nominated for election unless the nomination paper is subscribed by ten proposers who are electors of the constituency. This lies purely in the realm of legislative policy. There is nothing per se discriminatory in the provision. Parliament is entitled to regulate the manner in which nomination papers should be presented and the requirements for a valid nomination. [Para 18 – 20] Lok Prahari v. Union of India, 2023 LiveLaw (SC) 254

Representation of People Act, 1951; Section 83(1)(c) - The requirement to file an affidavit under the proviso to Section 83(1)(c) is not mandatory. It is sufficient if there is substantial compliance. As the defect is curable, an opportunity may be granted to file the necessary affidavit - In this case, the election petition contained an affidavit in which the election petitioner has sworn on oath that the paragraphs where he has raised allegations of corrupt practice are true to the best of his knowledge. Though there is no separate and an independent affidavit with respect to the allegations of corrupt practice, there is substantial compliance of the requirements under Section 83(1)(c). (Para 14-15) Thangjam Arunkumar v. Yumkham Erabot Singh, 2023 LiveLaw (SC) 705 : 2023 INSC 762

Representation of the People Act, 1950; Section 8(3) - Penal Code, 1860; Section 499 – Criminal defamation case over the "why all thieves have Modi surname" remark - Trial Judge has awarded the maximum sentence of imprisonment for two years. Except the admonition given to the appellant by the Apex Court no other reason has been assigned while imposing the maximum sentence of two years. It is only on account of the maximum sentence of two years, the provisions of Section 8(3) of the RP Act have come into play. Had the sentence been even a day lesser, the provisions of Section 8(3) of the Act would not have been attracted. Particularly, when an offence is non-cognizable, bailable and compoundable, the least that the Trial Judge was expected to do was to give some reasons as to why, in the facts and circumstances, he found it necessary to impose the maximum sentence of two years. (Para 5, 6) Rahul Gandhi v. Purnesh Ishwarbhai Modi, 2023 LiveLaw (SC) 598

Representation of the People Act, 1950; Section 8(3) - Penal Code, 1860; Section 499 – Defamation - Stay of Conviction - Though the Appellate Court and the High Court have spent voluminous pages while rejecting the application for stay of conviction, the reasons for maximum sentence have not even been touched in their orders. No doubt that the alleged utterances by the appellant are not in good taste. A person in public life is expected to exercise a degree of restraint while making public speeches. May be, had the judgment of the Apex Court in the contempt proceedings come prior to the speech, the appellant would have been more careful and exercised a degree of restraint while making the alleged remarks, which were found to be defamatory by the Trial Judge. (Para 7, 8) Rahul Gandhi v. Purnesh Ishwarbhai Modi, 2023 LiveLaw (SC) 598

Representation of the People Act, 1950; Section 8(3) - the ramification of Section 8 (3) of the Act are wide-ranging. They not only affect the right of the appellant to continue in public life but also affect the right of the electorate, who have elected him, to represent their constituency. Taking into consideration the aforesaid aspects and particularly that no reasons have been given by the learned Trial Judge for imposing the maximum sentence which has the effect of incurring disqualification under Section 8(3) of the Act, the order of conviction needs to be stayed, pending hearing of the present appeal. Therefore, stayed the order of conviction during the pendency of the present appeal. (Para 9, 10) Rahul Gandhi v. Purnesh Ishwarbhai Modi, 2023 LiveLaw (SC) 598

Representation of the People Act, 1951; Section 8 (3) - Penal Code, 1860; Sections 143, 147, 148, 427, 448, 422, 324, 342, 307, 506 r/w. 149 - Stay of Conviction - High Court has considered only one aspect of the matter, namely, that the first respondent being a Member of the Parliament and a representative of his constituency, any order of suspension of membership which is consequential upon conviction would cause a fresh election to be conducted in so far as the Union Territory of Lakshadweep is concerned which would result in enormous expenses. The said aspect need not have been the only aspect which should have weighed with the High Court. The High Court ought to have considered the application seeking the suspension of conviction in its proper perspective covering all aspects bearing in mind the relevant judgments rendered by this Court and in accordance with law. On this short ground alone, set aside the impugned order and remanded the matter to the High Court for reconsideration of the application filed by the first respondent seeking suspension of conviction. In order to avoid a situation where there would be vacuum created till the said application is considered by the High Court, the benefit of the order impugned shall be extended to the first respondent herein for the said period by way of an interim arrangement. U.T. Administration of Lakshadweep v. Mohammed Faizal, 2023 LiveLaw (SC) 690

Reserve Bank of India Act, 1934

Reserve Bank of India Act, 1934 - Section 26(2) - The decision taken by the Central Government to demonetise is to be based on the recommendation of the Central Board of RBI - RBI is the sole repository of power for the management of currency; it plays a pivotal role in management and issuance of currency notes; dealing with the management and regulation of currency; and in evolving the monetary policy - provision of recommendation by Central Board of RBI acts as a safeguard. [Para 202 - 206] Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023) 1 SCR 1 : 2023 INSC 2

Reserve Bank of India Act, 1934; Section 26(2) - Central Government may take recourse to the power to demonetise taking into consideration several factors - these factors must have reasonable nexus with the object sought to be achieved. [Para 151] Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023) 1 SCR 1 : 2023 INSC 2

Reserve Bank of India Act, 1934; Section 26(2) - does not provide for excessive delegation as there is a safeguard that the power can be used only upon recommendation of RBI - though legislature cannot give up its power in favour of another, in view of the multifarious activities of a welfare State, it cannot work out all the details, thus making it necessarily to delegate the same to the executive - Parliament and State Legislatures may not have specialised knowledge - technical and situational intricacies are better left to expert executive bodies and specialist public servants - mere possibility or eventuality of abuse of delegated powers in the absence of any evidence supporting such claim cannot be a ground to strike down a provision - it can be struck down only if it satisfies the 'policy and guideline' test. [Para 186, 188, 190, 193] Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023) 1 SCR 1 : 2023 INSC 2

Reserve Bank of India Act, 1934; Section 26(2) - Essential Ingredients - i) on recommendation of the Central Board of RBI - ii) the Central Government by notification in the Gazette of India; iii) may declare any series of bank notes of any denomination to cease to be legal tender; iv) with effect from such date as may be specified in the notification; v) to such extent as may be specified in the notification. [Para 15.6] [Dissenting Opinion] Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023) 1 SCR 1 : 2023 INSC 2

Reserve Bank of India Act, 1934; Section 26(2) - if demonetisation of any bank note takes place under the provision of the Act, it is only by issuance of a notification in the Gazette of India and not by any other method - only the Central Board of RBI is the initiator of the process of demonetisation - the provision has a restricted operation, either the Central Government accepts the recommendation of the Central Board and issue a gazette notification, or refuse to accept the recommendation [Para 15.17, 15.18 and 15.25] [Dissenting Opinion] Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023) 1 SCR 1 : 2023 INSC 2

Reserve Bank of India Act, 1934; Section 26(2) - on earlier two occasions, when RBI was not in favour of demonetisation, the Government resorted to promulgation of ordinances to demonetise currency notes - merely because on two earlier occasions the Central Government had enacted law to demonetise, does not mean the the word “any'' can be given a restrictive meaning - “any” would mean “all”. [Para 152 - 158] Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023) 1 SCR 1 : 2023 INSC 2

Reserve Bank of India Act, 1934; Section 26(2) - on recommendation of Central Board of RBI, Central Government may declare “any” series of bank notes of any denomination shall cease to be legal tender with effect from a specific date - the word “any” must be interpreted as “all”, otherwise it would lead to an anomaly - e.g. if there are 20 series of a particular denomination, the Centre cannot demonetise 19 series and leave behind one series to continue as legal tender - an interpretation which nullifies the purpose for which power is bestowed would be contrary to the principle of purposive interpretation. [Para 144 - 150] Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023) 1 SCR 1 : 2023 INSC 2

Reserve Bank of India Act, 1934; Section 26(2) - Scheme of the Act envisages that the issuance of bank notes, various denomination of bank notes, design and form of bank notes are to be specified by the Central Government 'only' on recommendation of the Central Board. [Dissenting Opinion] Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023) 1 SCR 1 : 2023 INSC 2

Reserve Bank of India Act, 1934; Section 26(2) - the decision-making process is not flawed in law - the duty of the Court is to confine itself to the question of legality - it ought to determine whether a decision-making authority exceeded its powers, committed an error of law, committed a breach of the rules of natural justice, reached a decision which no reasonable tribunal would reach or abused its powers - it is not concerned with the manner in which the decision was taken. [Para 215, 226] Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023) 1 SCR 1 : 2023 INSC 2

Reserve Bank of India Act, 1934; Section 26(2) - two requirements of the provision a) recommendation by the Central Board and b) decision of the Central Government - dictionary meaning of “recommend” is “to advise as to a course of action” or “to praise or command” - the word recommendation ought to be construed in the context in which it is used - in the present context “recommendation” would mean a consultative process between the Central Board and the Central Government - it is to be considered by the Court whether each of the party had disclosed all relevant facts and factors to each other for due consideration. [Para 239 - 245] Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023) 1 SCR 1 : 2023 INSC 2

Reserve Bank of India Act, 1934; Section 26(2) - when Central Board recommends demonetisation it is only a particular series of bank notes of a particular denomination as recommend under Section 26(2) - the word 'any' cannot be read as 'all' - if 'any' is to be read as 'all', it would provided unguided discretion to the Central Board. [Para 15.13] [Dissenting Opinion] Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023) 1 SCR 1 : 2023 INSC 2

Right of Children to Free and Compulsory Education Act, 2009

Right of Children to Free and Compulsory Education Act, 2009 - Quality education cannot be achieved if a student is penalised based on their religion. Tushar Gandhi v. State of Uttar Pradesh, 2023 LiveLaw (SC) 843

Right of Children to Free and Compulsory Education Act, 2009 - Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 - When the object of the RTE Act is to provide quality education, unless there is an effort made to inculcate the importance of constitutional values in the students, especially the core values of equality, secularism and fraternity, there cannot be any quality education. There cannot be quality education if, in a school, a student is sought to be penalised only on the ground that he belongs to a particular community. Thus, there is a prima facie failure on the part of the State to comply with the mandatory obligations under the RTE Act and the Rules framed thereunder. Tushar Gandhi v. State of Uttar Pradesh, 2023 LiveLaw (SC) 843

Rights of Persons with Disability Act, 2016

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 : 2023 INSC 261

Right of Persons with Disabilities Act, 2016 - The Supreme Court directed all State Governments to comply with the provisions of the RPwD Act expeditiously before September 30, 2023 also to appoint Chief Commissioners for persons with disabilities by August 31, 2023. (Para 5) Seema Girija v. Union of India, 2023 LiveLaw (SC) 545

Rights of Persons with Disabilities Act, 2016; Section 33 and 34 - Reasonable accommodation ought not to open gates for demands by those benefitting other kinds of horizontal reservation, for reservation in promotional vacancies in public services. (Para 14, S. Ravindra Bhat, J.) Reserve Bank of India v. A.K. Nair, 2023 LiveLaw (SC) 521 : 2023 INSC 613

Rights of Persons with Disabilities Act, 2016 - In cases even of specified disabilities, in all cases the standard of 40% may result in “one size fit all” norm which will exclude eligible candidates. The Union, therefore, shall consider the steps to mitigate such anomalies, because a lower extent of disabilities bar benefits and at the same time render them functional, whereas higher extent of disability would entitle benefits, but also result in denying them the benefit of reservation. The National Commission and the Central Government are directed to consider the problem and work out suitable solutions to enable effective participation. (Para 13) Bambhaniya Sagar Vasharambhai v. Union of India, 2023 LiveLaw (SC) 841

Rights of Persons with Disabilities Act, 2016 - MBBS Admission in PwD Quota - Disability Assessment Report - Persons with disabilities should not be excluded from MBBS courses merely on the basis of a quantitative assessment of their disabilities. The assessment of the disabilities must have a cogent reasoning as to how such candidates will be unable to pursue the medical courses. (Para 7) Bambhaniya Sagar Vasharambhai v. Union of India, 2023 LiveLaw (SC) 841

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Award passed during covid lockdown – Held, Fair opportunity of hearing must be given to claimant. Award passed in respect of the acquired land is set aside. (Para 10) Tirupati Developers v. Union Territory of Dadra and Nagar Haveli, 2023 LiveLaw (SC) 632

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - It is imperative that a fair opportunity of hearing is given to the persons whose rights are affected. This requires that the interested person is given an effective opportunity to put forth his or her claim. Any deviation to the prescribed procedure, especially when it has seemingly affected the interested person, would militate with the very object of legislative mandate. (Para 8) Tirupati Developers v. Union Territory of Dadra and Nagar Haveli, 2023 LiveLaw (SC) 632

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – the Collector is obligated to hold an inquiry on certain relevant aspects, including the objections submitted by the interested persons, and pass an award concerning: (a) the exact area of the acquired land; (b) the compensation as may be determined under Section 27 of the Act; and (c) the apportionment of the said compensation among all the persons known or believed to be interested in the land. (Para 5) Tirupati Developers v. Union Territory of Dadra and Nagar Haveli, 2023 LiveLaw (SC) 632

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; Section 24 (2) - Once the land owner refuses to accept the amount of compensation offered by the Acquiring Body, thereafter it will not be open for the original land owner to pray for lapse of acquisition on the ground that the compensation has not been paid. State of Gujarat v Jayantibhai Ishwarbhai Patel, 2023 LiveLaw (SC) 247 : (2023) 2 SCR 696 : 2023 INSC 253

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement, 2013; Section 24 (2) - Is the overruling of the judgment in Pune Municipal Corporation v. Harakchand Misirimal Solanki (2014) by a Constitution Bench judgment in Indore Development Authority v. Manoharlal (2020) a ground to review judgments which followed Pune Municipal Corporation? Supreme Court 2- judge bench delivers split verdict - Justice MR Shah holds subsequent overruling is a ground to review - Justice BV Nagarathna disagrees. Govt. of NCT of Delhi v. K.L. Rathi Steels Ltd; 2023 LiveLaw (SC) 204 : 2023 INSC 259

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; Section 24 (2) - If the acquiring body/beneficiary was not able to take the possession due to pending litigation in a proceeding initiated by the land owner, thereafter the land owner cannot be permitted to take the benefit/advantage of the same and thereafter to contend that as the possession is not taken over (may be due to the pending litigation) still they are entitled to benefit of lapse. Govt. of NCT of Delhi v. Sunil Jain, 2023 LiveLaw (SC) 36 : AIR 2023 SC 415 : (2023) 1 SCR 683 : 2023 INSC 39

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; Section 24 (2) - Subsequent purchaser has no locus to challenge the acquisition and/or lapsing of the acquisition. Govt. of NCT of Delhi v. Sunil Jain, 2023 LiveLaw (SC) 36 : AIR 2023 SC 415 : (2023) 1 SCR 683 : 2023 INSC 39

Right to Information Act, 2005

Right to Information Act, 2005 - Copies of the chargesheet and the relevant documents along with the charge-sheet do not fall within Section 4(1)(b) of the RTI Act. (Para 6) Saurav Das v. Union of India, 2023 LiveLaw (SC) 52 : AIR 2023 SC 615 : 2023 INSC 76

Right to Information Act, 2006; Section 4 - Central Information Commission and the State Information Commissions to continuously monitor the implementation of the mandate of Section 4 of the Act as also prescribed by the Department of Personnel and Training in its Guidelines and Memorandums issued from time to time - Power and accountability go hand in hand. While declaring that all citizens shall have the 'right to information' under Section 3 of the Act, the co-relative 'duty' in the form of obligation of public authorities is recognized in Section 4. The core of the right created under Section 3 in reality rests on the duty to perform statutory obligations. Public accountability is a crucial feature that governs the relationship between 'duty bearers' and 'right holders. (Para 22-27) Kishan Chand Jain v. Union of India, 2023 LiveLaw (SC) 665 : 2023 INSC 741

Rural Health Regulatory Authority Act, 2004 (Assam)

Assam Rural Health Regulatory Authority Act, 2004 - The Supreme Court struck down the Assam Rural Health Regulatory Authority Act, 2004 which permitted diploma holders in Medicine and Rural Health Care to treat certain common diseases, perform minor procedures, and prescribe certain drugs. Upholding a 2014 Gauhati High Court judgment declaring the Act to be unconstitutional and ultra vires, held, the Assam Act seeks to regulate such aspects of medical education that are within the exclusive domain of the Parliament, and is liable to be set aside on the grounds that the state legislature lacks the necessary competence. Baharul Islam v. Indian Medical Association, 2023 LiveLaw (SC) 57 : AIR 2023 SC 721 : 2023 INSC 81

Assam Rural Health Regulatory Authority Act, 2004 - The three-year diploma course was introduced by the Assam government almost two decades ago, to strengthen the rural healthcare infrastructure by producing a cadre of barefoot doctors allowed to practice modern medicine, albeit to a very limited extent. Therefore, the Assam Act, enacted on the strength of Entry 25 of List III, sought not only to introduce a new force in the field of medical education but also to regulate the profession of successful candidates. Further, the regulatory authority constituted under the act was imbued with the power to prescribe the minimum standards of the course, as well as other particulars such as the duration, curriculum, pedagogy, and examination. The impugned act also authorised the state government to grant permission for the establishment of medical institutes. These would be covered within the legislative field of coordination and determination of standards in institutions for higher education or research and scientific and technical institutions under Entry 66 of the Union List. Therefore, the bench took objection to the attempt by the state government to encroach into the exclusive domain of the Parliament. Baharul Islam v. Indian Medical Association, 2023 LiveLaw (SC) 57 : AIR 2023 SC 721 : 2023 INSC 81

Sale of Goods Act, 1930

Sale of Goods Act, 1930 - Central Sales Tax Act, 1956 - Rajasthan Sales Tax Act, 1994 - Credit note issued by an automobile manufacturer to a dealer of automobiles, in consideration of the replacement of a defective part done by the dealer pursuant to a warranty agreement, is exigible to sales tax. When a dealer replaces a defective part of the automobile by a spare part maintained in its stock or when the same is purchased by the dealer from the open market, in such situations, the credit note issued in the name of the dealer is a valuable consideration for transfer of property in the spare part made by the dealer to the customer. The same constitutes a “sale” under both the Central Sales Tax Act as well as the respective sales tax legislations of the respective States. Thus, the assessee-dealers are liable to pay sales tax on the said transaction. Tata Motors Ltd. v. Deputy Commissioner of Commercial Taxes (SPL), 2023 LiveLaw (SC) 443 : 2023 INSC 533

SEBI (Buyback of Securities) Regulations, 1998

SEBI (Buyback of Securities) Regulations 1998; Regulation 19(3) - There is a patent error on the part of the Tribunal in interpreting the Regulations. The Tribunal held that the role of the respondent, who was a Company Secretary, compliance officer, was limited to redressing the grievances of investors. In arriving at the finding, the Tribunal has relied upon the latter part of Regulation 19(3) which deals with redressal of the grievances of investors. The crucial point which has been missed by the Tribunal is that the compliance officer is also required to ensure compliance with the buyback regulations. Regulation 19(3) of the Regulations expressly so stipulates. (Para 11) Securities and Exchange Board of India v. V. Shankar, 2023 LiveLaw (SC) 101 : 2023 INSC 719

Securities and Exchange Board of India Act, 1992

Securities and Exchange Board of India Act, 1992 - Fees paid by director does not attract exemption under Clause 4 of schedule III of the Securities and Exchange Board of India (Stock Brokers and Sub­Brokers) Regulations, 1992. GPSK Capital Pvt. Ltd. (Formerly Mantri Finance Ltd.) v. Securities and Exchange Board of India, 2023 LiveLaw (SC) 222 : (2023) 2 SCR 737 : 2023 INSC 262

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; Section 13 - Auction cannot be stayed just because the sale agreement holder offered to pay dues, when the borrower hasn't invoked S.13(8). G. Vikram Kumar v State Bank of Hyderabad, 2023 LiveLaw (SC) 394 : AIR 2023 SC 2359 : (2023) 5 SCR 624 : 2023 INSC 475

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Security Interest (Enforcement) Rules, 2002 - Rule 9(5) of SARFAESI Rules cannot be pressed into service since the auction purchaser was not informed regarding the proceedings pending before DRT at the time of auction or even thereafter - Directs refund of the deposit forfeited by the bank. Mohd. Shariq v Punjab National Bank, 2023 LiveLaw (SC) 308 : 2023 INSC 355

Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Writ petitions in SARFAESI matters - Approaching the High Court for the consideration of an offer by the borrower is also frowned upon by this Court. A writ of mandamus is a prerogative writ. In the absence of any legal right, the Court cannot exercise the said power. More circumspection is required in a financial transaction, particularly when one of the parties would not come within the purview of Article 12 of the Constitution of India. South Indian Bank Ltd. v. Naveen Mathew Philip, 2023 LiveLaw (SC) 320 : 2023 INSC 379

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; Section 13(2), 13(4), 18 - Recovery of Debts and Bankruptcy Act, 1993; Section 2(g) - Whatever amount is mentioned in the notice under Section 13(2) of the SARFAESI Act, in case steps taken under Section 13(2)/13(4) against the secured assets are under challenge before the DRT will be the 'debt due' within the meaning of proviso to Section 18 of the SARFAESI Act - In case of challenge to the sale of the secured assets, the amount mentioned in the sale certificate will have to be considered while determining the amount of pre-deposit under Section 18 of the SARFAESI Act - In a case where both are under challenge, namely, steps taken under Section 13(4) against the secured assets and also the auction sale of the secured assets, in that case, the “debt due” shall mean any liability (inclusive of interest) which is claimed as due from any person, whichever is higher -The borrower can take the benefit of the amount received by the creditor in an auction sale only if he unequivocally accepts the sale. In a case where the borrower also challenges the auction sale and does not accept the same and also challenges the steps taken under Section 13(2)/13(4) of the SARFAESI Act with respect to secured assets, the borrower has to deposit 50% of the amount claimed by the secured creditor along with interest. (Para 13-16) Sidha Neelkanth Paper Industries Pvt. Ltd. v. Prudent ARC Ltd; 2023 LiveLaw (SC) 11 : AIR 2023 SC 368 : (2023) 1 SCR 553 : 2023 INSC 14

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; Section 14 - Magistrate's Order under Section 14 of the SARFAESI Act cannot be quashed by High Court in exercise of its powers under Section 482 of the Cr.PC when there is a remedy under the SARFAESI Act. Phoenix Arc Pvt. Ltd. v. V. Ganesh Murthy, 2023 LiveLaw (SC) 513

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; Section 26E - Micro, Small and Medium Enterprises Development Act, 2006; Sections 15 - 23 - 'Priority' conferred / provided under Section 26E of the SARFAESI Act would prevail over the recovery mechanism of the MSMED Act. Kotak Mahindra Bank Ltd. v. Girnar Corrugators Pvt. Ltd; 2022 LiveLaw (SC) 12 : AIR 2023 SC 268 : (2023) 3 SCC 210 : (2023) 1 SCR 873 : 2023 INSC 12

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; Section 14, 17 - Neither District Magistrate nor Metropolitan Magistrate would have any jurisdiction to adjudicate and/or decide the dispute even between the secured creditor and the debtor. If any person is aggrieved by the steps under Section 13(4) / order passed under Section 14, then the aggrieved person has to approach the Debts Recovery Tribunal by way of appeal / application under Section 17 of the SARFAESI Act. (Para 10) Kotak Mahindra Bank Ltd. v. Girnar Corrugators Pvt. Ltd; 2022 LiveLaw (SC) 12 : AIR 2023 SC 268 : (2023) 3 SCC 210 : (2023) 1 SCR 873 : 2023 INSC 12

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; Section 31(i) - When it was the case on behalf of the borrowers that in view of Section 31(i) of the SARFAESI Act, the properties were agricultural lands, the same were being exempted from the provisions of the SARFAESI Act, the burden was upon the borrower to prove that the secured properties were agricultural lands and actually being used as agricultural lands and/or agricultural activities were going on. (Para 7-8) K. Sreedhar v. Raus Constructions Pvt. Ltd., 2022 LiveLaw (SC) 13 : AIR 2023 SC 306 : (2023) 1 SCR 579 : 2023 INSC 17

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; Section 13 (8) - Once the borrower fails to tender the entire amount of dues with all cost & charges to the secured creditor before the publication of auction notice, his right of redemption of mortgage shall stand extinguished / waived on the date of publication of the auction notice in the newspaper in accordance with Rule 8 of the Rules of 2002. (Para 88) Celir LLP v. Bafna Motors (Mumbai) Pvt. Ltd., 2023 LiveLaw (SC) 808 : 2023 INSC 838

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; Section 13 (8) - Security Interest (Enforcement) Rules, 2002; Rule 8 - Sanctity of Public Auction - It is the duty of the courts to zealously protect the sanctity of any auction conducted. The courts ought to be loath in interfering with auctions, otherwise it would frustrate the very object and purpose behind auctions and deter public confidence and participation in the same. Any other interpretation of the amended Section 13(8) will lead to a situation where multiple redemption offers would be encouraged by a mischievous borrower, the members of the public would be dissuaded and discouraged from in participating in the auction process and the overall sanctity of the auction process would be frustrated thereby defeating the very purpose of the SARFAESI Act. Thus, it is in the larger public interest to maintain the sanctity of the auction process under the SARFAESI Act. (Para 86 - 87) Celir LLP v. Bafna Motors (Mumbai) Pvt. Ltd., 2023 LiveLaw (SC) 808 : 2023 INSC 838

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Exercise of extraordinary jurisdiction by the high court under Article 226 of the Constitution in SARFAESI matters - High Courts should not entertain petition under Article 226 of the Constitution if an effective remedy is available to the aggrieved person under the provisions of the SARFAESI Act. (Para 92 – 96) Celir LLP v. Bafna Motors (Mumbai) Pvt. Ltd., 2023 LiveLaw (SC) 808 : 2023 INSC 838

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - The High Court under Article 226 of the Constitution could not have applied equitable considerations to overreach the outcome contemplated by the statutory auction process prescribed under the SARFAESI Act. (Para 105 (v)) Celir LLP v. Bafna Motors (Mumbai) Pvt. Ltd., 2023 LiveLaw (SC) 808 : 2023 INSC 838

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; Section 13 (8) - Security Interest (Enforcement) Rules, 2002; Rule 9(1) - Borrower's right of redemption of mortgage under the SARFAESI Act will get extinguished once the bank publishes an auction notice for the sale of the secured asset. (Para 105 (iii)) Celir LLP v. Bafna Motors (Mumbai) Pvt. Ltd., 2023 LiveLaw (SC) 808 : 2023 INSC 838

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - The High Court was not justified in exercising its writ jurisdiction under Article 226 of the Constitution more particularly when the borrowers had already availed the alternative remedy available to them under Section 17 of the SARFAESI Act. (Para 105 (i)) Celir LLP v. Bafna Motors (Mumbai) Pvt. Ltd., 2023 LiveLaw (SC) 808 : 2023 INSC 838

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; Section 13 (8) - The two decisions of the Telangana High Court in the case of Concern Readymix v. Authorised Officer, 2018 SCC OnLine Hyd 783 and Amme Srisailam v. Union Bank of India do not lay down the correct position of law. In the same way, the decision of the Punjab and Haryana High Court in the case of M/s Pal Alloys and Metal India Pvt. Ltd. v. Allahabad Bank, 2021 SCC OnLine P&H 2733 also does not lay down the correction position of law. The decision of the Andhra Pradesh High Court in n Sri. Sai Annadhatha Polymers v. Canara Bank, 2018 SCC OnLine Hyd 178 and the decision of the Telangana High Court in the case of K.V.V. Prasad Rao Gupta v. State Bank of India, 2021 SCC OnLine TS 328 lay down the correct position of law while interpreting the amended Section 13(8) of the SARFAESI Act. (Para 105 (vi) & (vii) Celir LLP v. Bafna Motors (Mumbai) Pvt. Ltd., 2023 LiveLaw (SC) 808 : 2023 INSC 838

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; Section 13 (2) – Conduct of the Bank - Bank is duty bound to follow the provisions of the law as any other litigant. the authorised officer and the Bank cannot act in a manner so as to keep the sword hanging on the neck of the auction purchaser. The law treats everyone equally and that includes the Bank and its officers. The said enactments were enacted for speedy recovery and for benefitting the public at large and does not give any license to the Bank officers to act de hors the scheme of the law or the binding verdicts. (Para 100) Celir LLP v. Bafna Motors (Mumbai) Pvt. Ltd., 2023 LiveLaw (SC) 808 : 2023 INSC 838

Security Interest (Enforcement) Rules, 2002

Security Interest (Enforcement) Rules, 2002; Rule 9 - Multiple applications for extension of time to deposit the outstanding sale amount and interest – Held, the Miscellaneous Application was not maintainable in light of the applicant's failure to comply with the court's orders and statutory provisions - The Court discouraged the practice of filing repeated Miscellaneous Applications without legal foundation and stressed the importance of adhering to statutory procedures. (Para 18) Union Bank of India v. Rajat Infrastructure Pvt. Ltd., 2023 LiveLaw (SC) 846 : 2023 INSC 869

Security Interest (Enforcement) Rules, 2002; Rule 9 - The Bank after having confirmed the sale under Rule 9(2) of the Rules of 2002 could not have withhold the sale certificate under Rule 9(6) of the Rules of 2002 and enter into a private arrangement with a borrower. (Para 105 (iv)) Celir LLP v. Bafna Motors (Mumbai) Pvt. Ltd., 2023 LiveLaw (SC) 808 : 2023 INSC 838

Security Interest (Enforcement) Rules, 2002; Rule 9 - The confirmation of sale by the Bank under Rule 9(2) of the Rules of 2002 invests the successful auction purchaser with a vested right to obtain a certificate of sale of the immovable property in form given in appendix (V) to the Rules i.e., in accordance with Rule 9(6) of the SARFAESI. (Para 105 (ii)) Celir LLP v. Bafna Motors (Mumbai) Pvt. Ltd., 2023 LiveLaw (SC) 808 : 2023 INSC 838

Sick Industrial Companies Act, 1985

Sick Industrial Companies Act, 1985 - Rehabilitation scheme under Section 18 of the SICA, 1985 shall bind all the creditors including the unsecured creditors - Dues cannot be recovered post revival of sick company - Compelling unsecured creditors to accept the scaled down value of their dues would not be violative of Article 300A of the Constitution of India. It was observed that the rehabilitation scheme is prepared under Section 18 of SICA, which has a binding effect on all the creditors. Modi Rubber Ltd. v. Continental Carbon India Ltd; 2023 LiveLaw (SC) 208 : 2023 INSC 246

Specific Relief Act, 1963

Specific Relief Act 1963 - In sale of immovable property there is no presumption that time is the essence of the contract, however, the court may infer performance in a reasonable time if the conditions are evident from the express terms of the contract, from the nature of the property, and from the surrounding circumstances. (Para 32) Gaddipati Divija v. Pathuri Samrajyam, 2023 LiveLaw (SC) 327 : (2023) 3 SCR 802 : 2023 INSC 385

Specific Relief Act 1963 - When specific performance of the terms of the contract has not been done, the question of time being the essence does not arise - Time would not be of essence in a contract wherein the obligations of one party are dependent on the fulfillment of obligations of another party. Gaddipati Divija v. Pathuri Samrajyam, 2023 LiveLaw (SC) 327 : (2023) 3 SCR 802 : 2023 INSC 385

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 : AIR 2023 SC 2185 : 2023 INSC 454

Specific Relief Act, 1963 - Suit for specific performance of agreement to sell -Supreme Court bench comprising Justices MR Shah and BV Nagarathna delivers a split verdict on whether the plaintiff is entitled to the decree of specific relief. C. Haridasan v. Anappath Parakkattu Vasudeva Kurup, 2023 LiveLaw (SC) 31 : 2023 INSC 37

Specific Relief Act, 1963; Section 16 - Unless the plaintiff was called upon to produce the passbook either by the defendant or, the Court orders him to do so, no adverse inference can be drawn. Basavaraj v. Padmavathi, 2023 LiveLaw (SC) 17 : AIR 2023 SC 282 : (2023) 4 SCC 239 : 2023 INSC 19

Specific Relief Act, 1963; Section 28 - The Court cannot as a matter of course, allow extension of time for making payment of balance amount of consideration in terms of a decree - The Court has to see all the attendant circumstances including if the vendee has conducted himself in a reasonable manner under the contract of sale-the power under Section 28 of the Specific Relief Act is discretionary and the Court has to pass an order as the justice may require. (Para 7) P. Shyamala v. Gundlur Masthan, 2023 LiveLaw (SC) 151 : AIR 2023 SC 1224 : 2023 INSC 162

Specified Bank Notes (Cessation of Liabilities) Act, 2017

Specified Bank Notes (Cessation of Liabilities) Act, 2017 - the purpose of the Act was to extinguish the liabilities of the SBNs which have ceased to be legal tender with effect from 09.11.2016 - Section 4 is a complete code in itself - Section 4(1) empowers the Central Government to provide grace period - under Section 4(2), RBI is required to satisfy whether a person seeking to take benefit of grace period is entitled after satisfying that the reasons for the delay are genuine - Section 4(2) cannot be read independently - if the Central Government finds that there exists any class of persons to whom benefit under Section 4 is to be extended it has the discretion to do so - RBI does not have independent power under Section 4(2) to accept the demonetised notes beyond the period specified in the notification. [Para 299, 302 - 303] Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023) 1 SCR 1 : 2023 INSC 2

Stamps Act, 1899

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 : (2023) 8 SCR 1098 : 2023 INSC 431

Succession Act, 1925

Succession Act, 1925 - Section 63 and 68 - Principles to prove validity and execution of will – explained. (Para 10) Meena Pradhan v. Kamla Pradhan, 2023 LiveLaw (SC) 809 : 2023 INSC 847

Succession Act, 1925; Section 63 - Evidence Act, 1872; Section 68 and 71 – A Will cannot be presumed to be valid merely because it is registered. (Para 9) Dhani Ram v. Shiv Singh, 2023 LiveLaw (SC) 862 : 2023 INSC 876

Supreme Court Rules, 2013

Supreme Court Rules, 2013; Order XII Rule 3 - Applications filed on the pretext of 'clarification / addition' while evading the recourse of review, ought not to be entertained and should be discouraged - Any alternation or addition to a judgment pronounced by Court can be made only to correct a clerical or arithmetical mistake or an error arising out of an accidental slip or omission - The power of Supreme Court under the Order XL Rule 3 of the Supreme Court Rules is limited and can only be exercised sparingly with due caution while confining itself within the parameters as described only to correct clerical/arithmetical mistakes or otherwise to rectify the accidental slip or omission. (Para 10-12) Ketan Kantilal Seth v. State of Gujarat, 2023 LiveLaw (SC) 599 : 2023 INSC 671

Supreme Court Rules, 2013; Order XLVII Rule 1 - The Supreme Court has dismissed the review petition filed against the Constitution Bench judgment which upheld the validity of the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections (EWS) in education and public employment. Society for the Rights of Backward Communities v. Janhit Abhiyan, 2023 LiveLaw (SC) 441

Supreme Court Rules, 2013; Order XLVII Rule 3 - Disposal of review petitions by circulation without any oral arguments - The decision of this Court in P N Eswara Iyer v Supreme Court of India (1980) 4 SCC 680 does not warrant any reconsideration - The challenge to the provisions of Rule 3 of Order XLVII of the Supreme Court Rules 2013 lacks substance. P.T. Mohan v. Registrar Supreme Court of India, 2023 LiveLaw (SC) 379

Surrogacy (Regulation) Act, 2021

Surrogacy (Regulation) Act, 2021; Section 2(1)(zg) - Surrogacy (Regulation) Rules, 2022; Rule 7 and 14(a) - Insisting that donor egg cannot be used for gestational surrogacy is prima facie against surrogacy rules. Arun Muthuvel v. Union of India, 2023 LiveLaw (SC) 872

Survey & Settlement Act, 1958 (Orissa)

Survey & Settlement Act, 1958 (Orissa); Section 15(b) - There is huge delay on the part of the respondents to avail of their appropriate remedy. Record of rights was finalised in 1962. As admitted in the writ petition, objections were filed by the respondents or their predecessors-in-interest before that. Remedy, after publication of the final record of rights, was revision under Section 15(b) of the 1958 Act, to be filed within one year. No remedy was availed of. Nearly three decades after finalisation of record of rights, application was filed before the Settlement Officer, which was not maintainable after final record of rights is published. When no relief was granted by the Settlement Officer, the respondents kept quiet for 13 years before filing a civil suit in the year 2003. It was dismissed as withdrawn in the year 2007. The writ petition was filed in the year 2008, which is the subject matter of dispute in the present appeal. The aforesaid facts show that the writ petition to claim relief was filed after 46 years of finalisation of record of rights, which was highly belated. Hence, the respondents were not entitled to any relief. (Para 34) State of Orissa v. Laxmi Narayan Das, 2023 LiveLaw (SC) 527 : 2023 INSC 619

Tamil Learning Act, 2006

Tamil Nadu Tamil Learning Act, 2006 - The State had issued circulars mandating the study of Tamil as a primary subject while allowing linguistic minorities the option to study their mother tongue. Held, the state's circulars should be executed in their entirety. Therefore, similar to other subjects, minimum qualifying marks should be stipulated for the mother tongue and reflected in students' mark sheets. Linguistic Minorities Forum of Tamil Nadu v. State of Tamil Nadu, 2023 LiveLaw (SC) 839

Tenancy and Land Reforms Act, 1972 (Himachal Pradesh)

Tenancy and Land Reforms Act, 1972 (Himachal Pradesh); Section 118 - The whole purpose of Section 118 of the 1972 Act is to protect agriculturists with small holdings. Land in Himachal Pradesh cannot be transferred to a non-agriculturist, and this is with a purpose. The purpose is to save the small agricultural holding of poor persons and also to check the rampant conversion of agricultural land for non-agricultural purposes. A person who is not an agriculturist can only purchase land in Himachal Pradesh with the permission of the State Government. The Government is expected to examine from a case-to-case basis whether such permission can be given or not - By merely assigning rights to an agriculturist, who will be using the land for a purpose other than agriculture, would defeat the purpose of this Act. (Para 17) Ajay Dabra v. Pyare Ram, 2023 LiveLaw (SC) 69 : AIR 2023 SC 698 : (2023) 1 SCR 449 : 2023 INSC 90

Transfer of Property Act 1882

Transfer of Property Act, 1882 - Difference between 'mortgage by conditional sale' and 'sale with condition of retransfer' – Explained. (Para 25) Prakash v. G. Aradhya, 2023 LiveLaw (SC) 685 : 2023 INSC 743

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 : (2023) 8 SCR 1098 : 2023 INSC 431

Transfer of Property Act, 1882; Section 54 - A Will or General Power of Attorney (“GPA”) cannot be recognized as title documents or documents conferring right in any immovable property - the non-execution of any document by the GPA holder consequent to it, renders the said GPA useless. Ghanshyam v. Yogendra Rathi, 2023 LiveLaw (SC) 479 : AIR 2023 SC 2754 : (2023) 7 SCC 361 : 2023 INSC 575

Transfer of Property Act, 1882; Section 54 - an Agreement to Sell is neither a document of title nor a deed of transfer of property by sale. Therefore, it does not confer any absolute title over the Property. However, the factors such as entering into an Agreement to Sell, payment of entire sale consideration and being put in possession by the transferor, shows that the de-facto possessory rights based on the part performance of the Agreement to Sell. The possessory right is not liable to be disturbed by the transferer and the transferer's entry into the Suit Property subsequently was as a licencee and not as the owner of Property. Ghanshyam v. Yogendra Rathi, 2023 LiveLaw (SC) 479 : AIR 2023 SC 2754 : (2023) 7 SCC 361 : 2023 INSC 575

Transfer of Property Act, 1882; Section 54 - In connection with the general power of attorney and the will so executed, the practice, if any, prevalent in any State or the High Court recognizing these documents to be documents of title or documents conferring right in any immovable property is in violation of the statutory law. Any such practice or tradition prevalent would not override the specific provisions of law which require execution of a document of title or transfer and its registration so as to confer right and title in an immovable property of over Rs.100/- in value. Ghanshyam v. Yogendra Rathi, 2023 LiveLaw (SC) 479 : AIR 2023 SC 2754 : (2023) 7 SCC 361 : 2023 INSC 575

Transfer of Property Act, 1882; Section 54 - Sale deed - Normally, on the execution and registration of a sale deed containing recitals regarding the payment of consideration and delivery of possession, the sale is complete even if the sale price is not paid and, therefore, it will not be possible to cancel the sale deed in its entirety. However, the exception to the said rule is the practice of ta khubzul badlain. The use of the expression ta khubzul badlain in a sale deed by itself will not be determinative of the true nature of the transaction. It cannot be read in isolation. All the terms and conditions and recitals in the document will have to be considered to decide the real nature of the transaction. (Para 13) Yogendra Prasad Singh v. Ram Bachan Devi, 2023 LiveLaw (SC) 582 : 2023 INSC 658

Transfer of Property Act, 1882; Section 58(c) - A transaction cannot be deemed to be a mortgage unless the condition for reconveyance is contained in the document which purports to effect the sale. (Para 25.3) Prakash v. G. Aradhya, 2023 LiveLaw (SC) 685 : 2023 INSC 743

Transfer of Property Act 1882; Section 60 - Right to redemption of mortgage- Unless the equity of redemption is so extinguished, a second suit for redemption by the mortgagor, if filed within the period of limitation, is not therefore barred. (Para 61, 62) Ganesh Prasad v. Rajeshwar Prasad, 2023 LiveLaw (SC) 189 : 2023 INSC 228

Transfer of Property Act, 1882 - Principle of Estoppel - Though the release deed executed by the son was with respect to only a spes successonis right, his conduct of relinquishment will bind his sons through estoppel-despite the fact that what was purported to be released by Shri Chandran, was a mere spec successonis or expectation his conduct in transferring/releasing his rights for valuable consideration, would give rise to an estoppel. The effect of the estoppel cannot be warded off by persons claiming through the person whose conduct has generated the estoppel. (Para 23) Elumalai @Venkatesan v. M. Kamala, 2023 LiveLaw (SC) 65 : AIR 2023 SC 659 : (2023) 1 SCR 261 : 2023 INSC 83

Transfer of Property Act, 1882; Section 51 - Section 51 applies in terms to a transferee who makes improvements in good faith on a property believing himself to be its absolute owner -In order to attract the Section the occupant of the land must have held possession under colour of title, his possession must not have been by mere possession of another but adverse to the title of the true owner and he must be under the bone fide belief that he has secured good title to the property in question and is the owner thereof - Section 51 gives only statutory recognition to the above three things I it was after encroaching upon the land in question and ignoring the absence of any title that the defendant made structures thereon at his own risk -Once it is so found, the defendant cannot be treated as a 'transferee' within the meaning of the TP Act and for the purpose of Section 51, TP Act. (Para 7-11) Baini Prasad v. Durga Devi, 2023 LiveLaw (SC) 78 : AIR 2023 SC 894 : 2023 INSC 95

Transfer of Property Act, 1882; Section 52 - Lis Pendens - It is a well-nigh settled position that wherever TP Act is not applicable, such principle in the said provision of the said Act, which is based on justice, equity and good conscience is applicable in a given similar circumstance, like Court sale etc. - Transfer of possession pendente lite will also be transfer of property within the meaning of Section 52 and, therefore, the import of Section 52 of the TP Act is that if there is any transfer of right in immovable property during the pendency of a suit such transfer will be non est in the eye of law if it will adversely affect the interest of the other party to the suit in the property concerned. We may hasten to add that the effect of Section 52 is that the right of the successful party in the litigation in regard to that property would not be affected by the alienation, but it does not mean that as against the transferor the transaction is invalid. (Para 16) Shivshankara v. H.P. Vedavyasa Char, 2023 LiveLaw (SC) 261 : AIR 2023 SC 1780 : (2023) 6 SCR 359 : 2023 INSC 318

Transfer of Property Act, 1882; Section 6 (a) - spes successonis - A living man has no heir- Release deed executed by son relinquishing his share in the self-acquired property of father has no effect- A person who may become the heir and entitled to succeed under the law upon the death of his relative would not have any right until succession to the estate is opened up. Unlike a co-parcener who acquires right to joint family property by his mere birth, in regard to the separate property of the Hindu, no such right exists. (Para 10) Elumalai @Venkatesan v. M. Kamala, 2023 LiveLaw (SC) 65 : AIR 2023 SC 659 : (2023) 1 SCR 261 : 2023 INSC 83

Transfer of Property Act, 1882; Section 6 (a) -Transfer by an heir apparent being mere spes successonis is ineffective to convey any right. By the mere execution of Release Deed, in other words, in the facts of this case, no transfer took place-This is for the simple reason that the transferor, namely, the father of the appellants did not have any right at all which he could transfer or relinquish. (Para 14) Elumalai @Venkatesan v. M. Kamala, 2023 LiveLaw (SC) 65 : AIR 2023 SC 659 : (2023) 1 SCR 261 : 2023 INSC 83

Transfer of Property Act, 1882; Section 106 - In order to attract the application of Section 106, which requires 6 months' notice for termination of lease, the burden is on the Tenant to prove that manufacturing activity was being carried on in the leased Premises. A mere statement that manufacturing activity was being done would not suffice, the Tenant must explain the nature of work being done in factory shed. Paul Rubber Industries Pvt. Ltd. v. Amit Chand Mitra, 2023 LiveLaw (SC) 827 : 2023 INSC 854

Tribunal, Appellate Tribunal and Other Authorities (Qualifications, Experience and Other Conditions of Service of Members) Rules

Tribunal, Appellate Tribunal and Other Authorities (Qualifications, Experience and Other Conditions of Service of Members) Rules - In 2019, the Supreme Court struck down the 2017 Tribunal Rules in the case Rojer Mathew v. South Indian Bank and directed that the appointments should be made as per the provisions of the parent statute. Later, in the 2020 Madras Bar Association case, the Supreme Court dealt with the subsequent Rules framed by the Centre in 2020 in relation to tribunal appointments. In July 2021, the Supreme Court clarified in the Madras Bar Association case, that all appointments made before 4 April 2021 would be governed by the parent statutes. Madras Bar Association v. Union of India, 2023 LiveLaw (SC) 178

Trust Act, 1882

Trust Act, 1882; Section 88 - Advantage gained by fiduciary - The Bench has upheld the NCLAT's order whereby the Successful Resolution Applicant was declared ineligible in terms of Trusts Act, since he had submitted two resolution plans, one in individual capacity and one in the capacity of Managing Trustee of the Trust. M.K. Rajagopalan v Dr. Periasamy Pal ani Gounder, 2023 LiveLaw (SC) 403 : 2023 INSC 486

United Commercial Bank Officer, Employees (Discipline and Appeal) Regulations 1976

United Commercial Bank Officer, Employees (Discipline and Appeal) Regulations 1976 - Disciplinary proceedings are considered to begin only after the service of a chargesheet and not show cause notice. (Para 20.1) UCO Bank v. M.B. Motwani, 2023 LiveLaw (SC) 893 : 2023 INSC 908

Urban Land (Ceiling and Regulation) Act, 1976

Urban Land (Ceiling and Regulation) Act, 1976 as repealed in 1999 - There was a serious dispute with regard to taking of possession of the surplus land. There was a delay of about seven years in filing the first writ petition from the date when possession was allegedly taken by the State, after publication of the vesting notification. No documentary evidence such as a Khasra or Khatauni of the period between alleged date of taking possession and filing of the first writ petition was filed by the original petitioner. In the earlier two rounds of litigation, the High Court refrained from deciding the issue of possession of the surplus land even though that issue had arisen directly between the parties. Infraction of the prescribed statutory procedure for taking possession cannot be the sole basis to discard State's claim of possession, when it is stated to have been taken long before the date the issue is raised, held, that the High Court should have refrained from deciding the issue with regard to taking of actual possession of the surplus land prior to the cutoff date specified in the Repeal Act, 1999. Instead, the writ petitioner should have been relegated to a suit. (Para 35) State of U.P. v. Ehsan, 2023 LiveLaw (SC) 887 : 2023 INSC 906

Urban Land (Ceiling and Regulation) Act, 1976; Section 2(q) - Meaning and import of the term 'vacant land' – the interpretation, spirit and object of the Ceiling Act, as it was envisaged at the time of its enactment, when juxtaposed against the regressive impact experienced in different States which is indicated in the Statement of Objects and Reasons of the Repeal Act, invite an authoritative determination of all the related issues by a Larger Bench. (Para 37) Kewal Court Pvt. Ltd. v. State of West Bengal, 2023 LiveLaw (SC) 867 : 2023 INSC 884

Value Added Tax Act, 2003

Value Added Tax Act, 2003 (Kerala) - Amnesty Scheme - Since appeal is a statutory remedy, the assessee cannot be barred from seeking restoration of the appeal which was withdrawn by him as a pre-condition for availing the benefit under an Amnesty scheme, if the assessee is subsequently unsuccessful in availing the benefit of the scheme. The appellate authority as well as the Kerala High Court ought to have allowed the assessee to seek restoration of his appeal before the appellate authority so that the same could have been heard on merits. The court thus set aside the order of the High Court where it had upheld the appellant authority's decision rejecting assessee's application for restoration of appeal against the assessment order passed against him. P.M. Paul v. State Tax Officer, 2023 LiveLaw (SC) 774

Wild Life (Protection) Act, 1972

Wild Life (Protection) Act, 1972 - Individuals who have made a declaration of ownership of 'exotic live species' in accordance with the advisory issued by the Ministry of Environment, Forest and Climate Change are immune from prosecution - Since it has been held that Advisory was an Amnesty Scheme and declarants are immune from prosecution, the same would obviously mean that declarants are immune from prosecution or action under any future laws and amendments incorporated in the Wild Life(Protection) Act, 1972. Swetab Kumar v. Ministry of Environment, Forest and Climate Change, 2023 LiveLaw (SC) 245 : 2023 INSC 301

Wildlife (Protection Act), 1972 - Declaration of Wild Life Stock Rules, 2003 - As per Rule 4(2), application/declaration under sub-rule (1) of Rule 4 for ownership certificate has to be made within a period of 180 days from the date of commencement of the Rules, 2003. Looking to the object and purpose of Sections 40 and 40A and the object and purpose for which Rules, 2003 has been enacted the period of 180 days prescribed under Rule 4(2) has to be construed and considered as mandatory, otherwise the object and purpose of the Act, 1972 and the Rules, 2003 shall be frustrated. (Para 5) Vishalakshi Amma v. State of Kerala, 2023 LiveLaw (SC) 215 : (2023) 2 SCR 1081 : 2023 INSC 255

Wildlife (Protection Act), 1972 - Declaration of Wild Life Stock Rules, 2003 - Once a person in control, custody or possession of any wildlife animal or wildlife animal article, fails to file such declaration and/or fails to make any application within the stipulated time mentioned in Rule 4(2) then the bar/rigour under Section 40 shall be applicable and the ownership of such wildlife animal article of which the declaration is not made shall vest in the Government/forest department. (Para 5.1) Vishalakshi Amma v. State of Kerala, 2023 LiveLaw (SC) 215 : (2023) 2 SCR 1081 : 2023 INSC 255

Work Charged Establishment Revised Service Conditions (Repealing) Rules, 2013

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 : AIR 2023 SC 2971 : (2023) 4 SCR 530 : 2023 INSC 461

Workmen Compensation Act, 1923

Workmen Compensation Act, 1923 - the objective of the Act is dispensation of social justice - When the wife of the deceased employee deposed his income on oath and the Employer admitted the same, then by no stretch of imagination the Deputy Labour Commissioner could have awarded lower compensation on minimum wage rate - the Supreme Court took an empathetic view and instead of remanding the matter back to High Court for re-consideration, it has itself awarded enhanced compensation to the deceased's family. Mamta Devi v. Reliance General Insurance Company Ltd., 2023 LiveLaw (SC) 486 : 2023 INSC 566

Workmen Compensation Act, 1923 - Unchallenged statement of wife regarding deceased husband's monthly wage to be accepted as gospel of truth. Mamta Devi v. Reliance General Insurance Company Ltd., 2023 LiveLaw (SC) 486 : 2023 INSC 566

Workmen Compensation Act, 1923; Section 2(1)(l) – It is the functional disability and not just the physical disability which is the determining factor in assessing whether the claimant (i.e., workman) has incurred total disablement. Thus, if the disablement incurred in an accident incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement, the disablement would be taken as total for the purposes of award of compensation under section 4(1)(b) of the Act regardless of the injury sustained being not one as specified in Part I of Schedule I of the Act. The proviso to clause (l) of sub-section (1) of Section 2 of the Act does not dilute the import of the substantive clause. Rather, it adds to it by specifying categories wherein it shall be deemed that there is permanent total disablement. (Para 28) Indra Bai v. Oriental Insurance Company Ltd., 2023 LiveLaw (SC) 543 : 2023 INSC 624

Workmen Compensation Act, 1923; Section 20 (1) and (2) - The insurer of the offending vehicle having filed the written statement seems to have not cross examined the claimants and their witnesses. Thus, the claim lodged by the claimants seeking for compensation would not partake the character of a “contested claim” as stipulated under the notification issued by the appropriate Government under the W.C. Act. Mamta Devi v. Reliance General Insurance Company Ltd., 2023 LiveLaw (SC) 486 : 2023 INSC 566