500 Supreme Court Judgments Of 2022 [Citations 1 to 100]

1. Service Law - If a regular promotion is offered but is refused by the employee before becoming entitled to a financial upgradation, she/he shall not be entitled to financial upgradation only because she has suffered stagnation. This is because, it is not a case of lack of promotional opportunities but an employee opting to forfeit offered promotion, for her own personal reasons. However, this vital aspect was not appropriately appreciated by the High Court while granting relief to the employees. (Para 16) Union of India v. Manju Arora, 2022 LiveLaw (SC) 1
2. Arbitration and Conciliation Act, 1996; Section 34(4) - Merely because an application is filed under Section 34(4) of the Act by a party, it is not always obligatory on the part of the Court to remit the matter to Arbitral Tribunal. The discretionary power conferred under Section 34(4) of the Act, is to be exercised where there is inadequate reasoning or to fill up the gaps in the reasoning, in support of the findings which are already recorded in the award. Under guise of additional reasons and filling up the gaps in the reasoning, no award can be remitted to the Arbitrator, where there are no findings on the contentious issues in the award. (Para 21) I-Pay Clearing Services Pvt. Ltd. v. ICICI Bank Ltd. 2022 LiveLaw (SC) 2
3. Service Law - Disciplinary Proceedings - Effect of Acquittal - An acquittal in a criminal trial has no bearing or relevance on the disciplinary proceedings as the standard of proof in both the cases are different and the proceedings operate in different fields and with different objectives. (Para 10.4) Maharashtra State Road Transport Corporation v. Dilip Uttam Jayabhay, 2022 LiveLaw (SC) 3
4. Income Tax Act, 1961 - The surcharge on sales tax and turnover tax, is not a fee or charge coming within the scope of Section 40(a)(iib)(A) or 40(a)(iib)(B), as such same is not an amount which can be disallowed under the said provision. (Para 16) Kerala State Beverages Manufacturing & Marketing Corporation Ltd. v. Assistant Commissioner of Income Tax Circle 1(1), 2022 LiveLaw (SC) 4
5. Arbitration and Conciliation Act, 1996; Section 34 - Limitation Act, 1961; Section 5 - Section 5 of Limitation Act is not applicable to condone the delay beyond the period prescribed under Section 34(3) of Act 1996. Mahindra and Mahindra Financial Services Ltd. v. Maheshbhai Tinabhai Rathod, 2022 LiveLaw (SC) 5
6. Service Law - Disciplinary Proceedings - There is no absolute right in favour of the delinquent officer's to be represented in the departmental proceedings through the agent of his choice and the same can be restricted by the employer. (Para 7) Rajasthan Marudhara Gramin Bank (RMGB) v. Ramesh Chandra Meena, 2022 LiveLaw (SC) 6
7. Reserve Bank of India Act, 1934 - Banking Regulation Act, 1949 - RBI has wide supervisory jurisdiction over all Banking Institutions in the country- For 'public interest' the RBI is empowered to issue any directive to any banking institution, and to prohibit alienation of an NBFC's property. (Para 8.7) Small Industries Development Bank of India v. Sibco Investment Pvt. Ltd., 2022 LiveLaw (SC) 7
8. Arbitration and Conciliation Act, 1996; Section 12(5) read with Seventh Schedule - An arbitral tribunal constituted as per an arbitration clause before the 2015 amendment to the Arbitration and Conciliation Act 1996 will lose its mandate if it violates the neutrality clause under Section 12(5) read with the Seventh Schedule, which were incorporated through the 2015 amendment. (Para 8, 9) Ellora Paper Mills Ltd. v. State of Madhya Pradesh, 2022 LiveLaw (SC) 8
9. Arbitration and Conciliation Act, 1996; Section 11(6) - A party to the arbitration agreement can appoint an arbitrator even after an Arbitration Petition has been filed by the other party before the High Court for appointment of an arbitrator if the party has not been given due notice of the same. (Para 16) Durga Welding Works v. Chief Engineer, 2022 LiveLaw (SC) 9
10. Tenancy Act, 1955 (Rajasthan); Section 42 - A Scheduled Caste belonging to State of Punjab as an ordinarily and permanent resident of the State of Punjab cannot claim the benefit of a Scheduled Caste in the State of Rajasthan for the purpose of purchase of the land belonging to a Scheduled Caste person of State of Rajasthan, which was given to original allottee as Scheduled Caste landless person. Bhadar Ram v. Jassa Ram, 2022 LiveLaw (SC) 10
11. Maharashtra Village Panchayats Act, 1959; Section 14B(1) - No remedy of appeal is envisaged against an order of the State Election Commission or its delegatee – the Collector, under Section 14B(1), rejecting the complaint or to drop the proceedings for declaration of a Sarpanch/Member having incurred disqualification. That order becomes final and if passed by the Collector as the delegatee, is deemed to have been passed by the State Election Commission itself. Even the State Election Commission cannot step in thereafter in any manner much less in the guise of reconsideration or review of such order. It must follow that the Divisional Commissioner would have no jurisdiction (ab initio) to entertain assail to such an order of the Collector. (Para 21) Shobhabai Narayan Shinde v. Divisional Commissioner, 2022 LiveLaw (SC) 11
12. Constitution of India, 1950; Articles 323A, 323B, 226, 227- Administrative Tribunals Act, 1985; Section 25 - Any decision of Tribunal, including the one passed under Section 25 of the Act could be subjected to scrutiny only before a Division Bench of a High Court within whose jurisdiction the Tribunal concerned falls. (Para 16) Union of India v. Alapan Bandyopadhyay, 2022 LiveLaw (SC) 12
13. Act of God - Meaning - When nothing of any external natural force had been in operation in a violent or sudden manner, the event of the fire in question could be referable to anything but to an act of God in legal parlance. (Para 53-55) State of U.P. v. Mcdowell and Company Ltd., 2022 LiveLaw (SC) 13
14. Indian Penal Code, 1860; Section 397 - The use of the weapon to constitute the offence under Section 397 IPC does not require that the 'offender' should actually fire from the firearm or actually stab if it is a knife or a dagger but the mere exhibition of the same, brandishing or holding it openly to threaten and create fear or apprehension in the mind of the victim is sufficient. (Para 17) Ram Ratan v. State of Madhya Pradesh, 2022 LiveLaw (SC) 14
15. Land Acquisition Act, 1894 - If on account of acquisition of land a person is deprived of possession of his property, he should be paid compensation immediately and if the same is not paid to him forthwith, he would be entitled to interest on the compensation amount from the date of taking possession of the land till the date of payment. Gayabai Digambar Puri v. Executive Engineer, 2022 LiveLaw (SC) 15
16. Prevention of Money Laundering Act, 2002; Section 45 - Code of Criminal Procedure; Section 438 - Once the prayer for anticipatory bail is made in connection with offence under the Prevention of Money Laundering Act, the underlying principles and rigors of Section 45 of the PMLA Act must get triggered although the application is under Section 438 of Code of Criminal Procedure. Asst. Director Enforcement Directorate v. Dr. V.C. Mohan, 2022 LiveLaw (SC) 16
17. NEET - The validity of the OBC reservation in the AIQ seats in NEET-PG and NEET-UG is upheld - Operative directions issued - Counselling on the basis of NEET-PG 2021 and NEET- UG 2021 shall be conducted by giving effect to the reservation as provided by the notice dated 29 July 2021, including the 27 per cent reservation for the OBC category and 10 per cent reservation for EWS category in the AIQ seats - The criteria for the determination of the EWS notified by OM 2019 shall be used for identifying the EWS category for candidates who appeared for the NEET-PG 2021 and NEET-UG 2021 examinations. (Para 6, 7) Neil Aurelio Nunes v. Union of India, 2022 LiveLaw (SC) 17
18. Arbitration and Conciliation Act, 1996; Section 31 - Post-award interest can be granted by an Arbitrator on the interest amount awarded. (Para 4-6) UHL Power Company Ltd. v. State of Himachal Pradesh, 2022 LiveLaw (SC) 18
19. Penal Code, 1860; Section 34 - A mere common intention per se may not attract Section 34 IPC, sans an action in furtherance - The word "furtherance" indicates the existence of aid or assistance in producing an effect in future. Thus, it has to be construed as an advancement or promotion - Scope of Section 34 IPC discussed. (Para 26, 28) Jasdeep Singh @ Jassu v. State of Punjab, 2022 LiveLaw (SC) 19
20. Public Employment - Recruitment - The decisions made by expert bodies, including the Public Services Commissions, should not be lightly interfered with, unless instances of arbitrary and mala fide exercise of power are made out. (Para 53) State of Uttar Pradesh v. Atul Kumar Dwivedi, 2022 LiveLaw (SC) 20
21. Mediation - Taking on record the comments made during the course of mediation or settlement proceedings impedes conciliation and impinges on the principle of confidentiality. (Para 3) Arjab Jena @ Arjab Kumar Jena v. Utsa Jena @ Pattnaik, 2022 LiveLaw (SC) 21
22. Penal Code, 1860; Section 149, 141 - It is an essential condition of an unlawful assembly that its membership must be five or more - Less than five persons may be charged under Section 149 if the prosecution case is that the persons before the Court and other numbering in all more than five composed an unlawful assembly, these others being persons not identified and unnamed. Mahendra v. State of M.P., 2022 LiveLaw (SC) 22
23. Pre-emption - Maligned law. Such rights have been characterized as feudal, archaic and outmoded. Such right of pre-emption has been taken away and all proceedings pending before any authority have been ordered to be abated including proceedings in any other Court. Any other Court is wide enough to include the Constitutional Courts i.e. the High Court and the Supreme Court. (Para 12) Punyadeo Sharma v. Kamla Devi, 2022 LiveLaw (SC) 23
24. Insolvency and Bankruptcy Code, 2016 - NCLT/NCLAT must make a reasonable assessment of the fees and expenses payable to the Interim Resolution Profession and cannot pass an order in an ad-hoc manner. (Para 16) Devarajan Raman v. Bank of India Ltd., 2022 LiveLaw (SC) 24
25. Detention - In the matter of considering representation made against detention order, the Competent Authority is duty bound to do so with utmost despatch - The time period of over two months spent in doing so, cannot countenanced. It does not require such a long time to examine the representation concerning preventive detention of the detenu. S. Amutha v, Government of Tamil Nadu, 2022 LiveLaw (SC) 25
26. Limitation - Suo Motu Order Extending Limitation - Even the period of limitation which could have been extended and/or condoned by the Tribunal/Court is excluded and/or extended even up to 07.10.2021. (Para 2) Centaur Pharmaceuticals Pvt. Ltd. v. Stanford Laboratories Pvt. Ltd., 2022 LiveLaw (SC) 26
27. Education - Central Board of Secondary Education - CBSE shall provide an option to the candidate to accept the better of the two marks obtained in the subject for final declaration of his/her results - Clause 28 to the extent – "As per this policy, marks secured in later examination will be considered final". This condition stands effaced from the policy. Sukriti v. Central Board of Secondary Education, 2022 LiveLaw (SC) 27
28. Service Law - The employees of the autonomous bodies cannot claim, as a matter of right, the same service benefits on par with the Government employees. Merely because such autonomous bodies might have adopted the Government Service Rules and/or in the Governing Council there may be a representative of the Government and/or merely because such institution is funded by the State/Central Government, employees of such autonomous bodies cannot, as a matter of right, claim parity with the State/Central Government employees. This is more particularly, when the employees of such autonomous bodies are governed by their own Service Rules and service conditions. The State Government and the Autonomous Board/Body cannot be put on par. (Para 10.2) State of Maharashtra v. Bhagwan, 2022 LiveLaw (SC) 28
29. Code of Criminal Procedure, 1973- Sections 437 and 439 - Bail Considerations - Gravity of the offences alleged and the evidence collected during the investigation, which are forming part of the charge sheet has to be considered. (Para 9.3) Jayaben v. Tejas Kanubhai Zala, 2022 LiveLaw (SC) 29
30. Supreme Court Rules, 2013; Order XXII Rule 5 - Application seeking exemption from surrendering is not required to be filed along with a special leave petitions against cancellation of bail orders - Order XXII Rule 5, applies only to cases where the petitioner is 'sentenced to a term of imprisonment' and it cannot be confused with simple orders of cancellation of bail. Mahavir Arya v. State Govt. NCT of Delhi, 2022 LiveLaw (SC) 30
31. Covid-19 - Extension of Limitation - Period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings - The balance period of limitation remaining as on 03.10.2021, if any, shall become available with effect from 01.03.2022 - In cases where the limitation would have expired during the period between 15.03.2020 till 28.02.2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 01.03.2022. In the event the actual balance period of limitation remaining, with effect from 01.03.2022 is greater than 90 days, that longer period shall apply. (Para 5) In Re Cognizance for extension of Limitation, 2022 LiveLaw (SC) 31
32. Electricity Duty Act, 2016 (Maharashtra); Section 3(2) - Charitable Education Institutions are not entitled to the exemption from payment of electricity duty post 08.08.2016 - Exemption provision need to be interpreted literally and when the language used in exemption provision is simple, clear and unambiguous, the same has to be applied rigorously, strictly and literally. (Para 11.4) State of Maharashtra v. Vile Parle Kelvani Mandal, 2022 LiveLaw (SC) 32
33. Code of Criminal Procedure, 1973; Section 378 - Approach to be adopted while deciding an appeal against acquittal by the trial court - Principles that would regulate and govern the hearing of an appeal by the High Court against an order of acquittal passed by the Trial Court - Discussed. (Para 20-29) Rajesh Prasad v. State of Bihar, 2022 LiveLaw (SC) 33
34. Penal Code, 1860; Section 498A - Expected approach of the High Court in the event of bona fide settlement of disputes - The duty of the Court to encourage the genuine settlement of matrimonial disputes. (Para 8-9) Rajendra Bhagat v. State of Jharkhand, 2022 LiveLaw (SC) 34
35. Code of Criminal Procedure, 1973; Section 156(3) - Magistrate is required to be conscious of the consequences while passing an Order under Section 156 (3) of the Cr.PC. It being a judicial order, relevant materials are expected to be taken note of. (Para 11) Suresh Kankra v. State of U.P., 2022 LiveLaw (SC) 35
36. Consumer Protection Act, 1986; Section 2(1)(g) - Failure to obtain an occupancy certificate or abide by contractual obligations amounts to a deficiency in service - Consumers 'consumers' has right to pray for compensation as a recompense for the consequent liability (such as payment of higher taxes and water charges by the owners) arising from the lack of an occupancy certificate. (Para 21-22) Samruddhi Co-operative Society v. Mumbai Mahalaxmi Construction, 2022 LiveLaw (SC) 36
37. Indian Penal Code, 1860; Section 304B - Demand for money raised on the deceased for construction of a house as falling within the definition of the word "dowry". (Para 12-14) State of Madhya Pradesh v. Jogendra, 2022 LiveLaw (SC) 37
38. Arbitration and Conciliation Act, 1996; Section 34, 37 - An award can be set aside only if the award is against the public policy of India. The award can be set aside under Sections 34/37 of the Arbitration Act, if the award is found to be contrary to, (a) fundamental policy of Indian Law; or (b) the interest of India; or (c) justice or morality; or (d) if it is patently illegal - High Court cannot enter into the merits of the claim in an appeal under Section 37. (Para 8) Haryana Tourism Ltd. v. Kandhari Beverages Ltd., 2022 LiveLaw (SC) 38
39. Constitution of India, 1950; Article 227 - The High Court exercising supervisory jurisdiction does not act as a court of first appeal to reappreciate, reweigh the evidence or facts upon which the determination under challenge is based. Supervisory jurisdiction is not to correct every error of fact or even a legal flaw when the final finding is justified or can be supported. The High Court is not to substitute its own decision on facts and conclusion, for that of the inferior court or tribunal. The jurisdiction exercised is in the nature of correctional jurisdiction to set right grave dereliction of duty or flagrant abuse violation of fundamental principles of law or justice. The power under Article 227 is exercised sparingly in appropriate cases, like when there is no evidence at all to justify, or the finding is so perverse that no reasonable person can possibly come to such a conclusion that the court or tribunal has come to. It is axiomatic that such discretionary relief must be exercised to ensure there is no miscarriage of justice. (Para 18) Garment Craft v. Prakash Chand Goel, 2022 LiveLaw (SC) 39
40. Penal Code, 1860; Section 498A - When an offence has been committed by a woman by meting out cruelty to another woman, i.e., the daughter-in-law, it becomes a more serious offence. If a lady, i.e., the mother-in-law herein does not protect another lady, the other lady, i.e., daughter-in-law would become vulnerable. (Para 8) Meera v. State, 2022 LiveLaw (SC) 40
41. Repatriation of Prisoners Act, 2003; Sections 12, 13 - Agreement between the Government of India and Government of Mauritius on the Transfer of Prisoners - The question of adaptation of the sentence can only be when the Central Government is convinced that the sentence imposed by the Supreme Court of Mauritius is incompatible with Indian law - Incompatibility with Indian law is with reference to the enforcement of the sentence imposed by the Supreme Court of Mauritius being contrary to fundamental laws of India. It is only in case of such an exceptional situation, that it is open the Central Government to adapt the sentence imposed by the Supreme Court of Mauritius to be compatible to a sentence of imprisonment provided for the similar offence. Even in cases where adaptation is being considered by the Central Government, it does not necessarily have to adapt the sentence to be exactly in the nature and duration of imprisonment provided for in the similar offence in India. In this circumstance as well, the Central Government has to make sure that the sentence is made compatible with Indian law corresponding to the nature and duration of the sentence imposed by the Supreme Court of Mauritius, as far as possible. (Para 15, 16) Union of India v. Shaikh Istiyaq Ahmed, 2022 LiveLaw (SC) 41
42. Constitution of India, 1950; Article 14 and 16 - Service Law - An amendment having retrospective operation which has the effect of taking away the benefit already available to the employee under the existing rule indeed would divest the employee from his vested or accrued rights and that being so, it would be held to be violative of the rights guaranteed under Articles 14 and 16 of the Constitution. (Para 47) Punjab State Co. Agri. Bank Ltd. v. Registrar, 2022 LiveLaw (SC) 42
43. Writ Petition seeking probe about the incident wherein on a visit to Hussainiwala, District Firozpur, State of Punjab the convoy of the Prime Minister was stuck on a flyover for around 20 minutes - Enquiry committee headed by Justice Indu Malhotra appointed. Lawyers Voice v. State of Punjab, 2022 LiveLaw (SC) 43
44. Imposition of Ceiling on Land Holdings Act, 1960 (Uttar Pradesh) - If subletting is in derogation of the terms of the Lease Deed, then the sub-lessee continues to be the ostensible tenure holder of land and the lessee the real holder. (Para 31-32) Hardev Singh v. Prescribed Authority, 2022 LiveLaw (SC) 44
45. Constitution of India, 1950; Article 226 - Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 ; Section 13(2) - A writ petition against the private financial institution – ARC – against the proposed action/actions under Section 13(4) of the SARFAESI Act can be said to be not maintainable - The ARC as such cannot be said to be performing public functions which are normally expected to be performed by the State authorities. During the course of a commercial transaction and under the contract, the bank/ARC lent the money to the borrowers herein and therefore the said activity of the bank/ARC cannot be said to be as performing a public function which is normally expected to be performed by the State authorities. If proceedings are initiated under the SARFAESI Act and/or any proposed action is to be taken and the borrower is aggrieved by any of the actions of the private bank/bank/ARC, borrower has to avail the remedy under the SARFAESI Act and no writ petition would lie and/or is maintainable and/or entertainable. (Para 12) Phoenix ARC v. Vishwa Bharati Vidya Mandir, 2022 LiveLaw (SC) 45
46. Education - Reservation in Admission - Appeal against Manipur High Court's order upholding the decision of Manipur University to reduce reservation in admission for Scheduled Caste candidates from 15% to 2%, OBC quota from 27% to 17% and increase for Scheduled Tribes candidates from 7.5% to 31%, in terms of amendment to the Central Educational Institutions (Reservation in Admission) Act 2006 - Dismissed - After amendment of the Reservation Act, the respondent No. 1 – University had to follow the reservation norms of 2% for SC candidates, 31% for ST candidates and 17% for OBC candidates which is in consonance with the second proviso to Section 3 of the Reservation Act inserted by virtue of the Amendment Act. Kshetrimayum Mahesh v. Manipur University, 2022 LiveLaw (SC) 46
47. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; Section 13(2) - Land Acquisition Act, 1894; Section 48 - Once the High Court has passed an order of lapsing of the acquisition proceedings by virtue of Section 24(2) of the Act, the landowners cannot revert back on the plea raised that they are entitled to seek release of land in terms of Section 48 of the Land Acquisition Act, 1894 since repealed. Government of NCT of Delhi v. Om Prakash, 2022 LiveLaw (SC) 47
48. Hindu Minority and Guardianship Act, 1956; Section 13 - Custody Petition - The consideration of the well-being and welfare of the child must get precedence over the individual or personal rights of the parents - the rights of the parents are irrelevant when a Court decides the custody issue. (Para 26, 32) Vasudha Sethi v. Kiran V. Bhaskar, 2022 LiveLaw (SC) 48
49. Public Premises (Eviction of Unauthorised Occupants) Act, 1971; Section 2(e)(2)(ii) - Even if CSIR is a Society under the Societies Registration Act, 1860, it is an authority owned or controlled by the Central Government within the meaning of Section 2(e)(2)(ii) of the Act. Sharada Dayadhish Shetty v. Director CSIR-NCL, 2022 LiveLaw (SC) 49
50. Rights of Persons with Disabilities Act, 2016 - UGC to ensure that the guidelines inspection of educational institutions to ensure implementation of RPWD Act are finalized. Disabled Rights Group v. Union of India, 2022 LiveLaw (SC) 50
51. Constitution of India, 1950 : Article 226 - Writ Petition - High Court should apply its mind to the grounds of challenge and to the submissions made. State of Orissa v. Prasanta Kumar Swain, 2022 LiveLaw (SC) 51
52. Penal Code, 1860; Section 498A - Taking custody of jewellery for safety cannot constitute cruelty within the meaning of Section 498A. Deepak Sharma v. State of Haryana, 2022 LiveLaw (SC) 52
53. Service Law - Appeal against High Court judgment which directed the reinstatement of an employee with back-wages - Allowed - A stale claim cannot be revived by a representation. Nagar Panchayat v. Hanuman Prasad Dwivedi, 2022 LiveLaw (SC) 53
54. Arbitration and Conciliation Act, 1996; Section 34, 37 - Reference to wrong provision, as long as power exists would not matter. Premier Sea Foods v. Caravel Shipping Services, 2022 LiveLaw (SC) 54
55. Code of Criminal Procedure, 1973; Section 437, 439 - While elaborate reasons may not be assigned for grant of bail or an extensive discussion of the merits of the case may not be undertaken by the court considering a bail application, an order de hors reasoning or bereft of the relevant reasons cannot result in grant of bail. In such a case the prosecution or the informant has a right to assail the order before a higher forum - Court deciding a bail application cannot completely divorce its decision from material aspects of the case such as the allegations made against the accused; severity of the punishment if the allegations are proved beyond reasonable doubt and would result in a conviction; reasonable apprehension of the witnesses being influenced by the accused; tampering of the evidence; the frivolity in the case of the prosecution; criminal antecedents of the accused; and a prima facie satisfaction of the Court in support of the charge against the accused. (Para 17-19) Manoj Kumar Khokhar v. State of Rajasthan, 2022 LiveLaw (SC) 55
56. Employees Compensation Act, 1923 - In the absence of any clear demarcation of duties of a Helper or a Cleaner and in view of the fact that Helper and Cleaner are interchangeably used, therefore, declining claim for the reason that deceased was engaged as a helper and not Cleaner is wholly unjustified. (Para 8) Mangilal Vishnoi v. National Insurance, 2022 LiveLaw (SC) 56
57. Companies Act, 2013; Section 271 - If the conduct of the affairs of the company in a fraudulent manner is a continuing process, the right to apply for winding up becomes recurring. (Para 8.22) Devas Multimedia v. Antrix Corporation, 2022 LiveLaw (SC) 57
58. Specific Relief Act, 1963 - Specific Performance Suit - A decree could not have been obtained behind the back of a bona fide purchaser, more so when the transaction had taken place prior to the institution of the suit for specific performance. (Para 23) Seethakathi Trust Madras v. Krishnaveni, 2022 LiveLaw (SC) 58
59. Code of Civil Procedure, 1908; ORDER XXXVII Rule 3 - Summary Suit - Grant of leave to defend (with or without conditions) is the ordinary rule; and denial of leave to defend is an exception - Even if there remains a reasonable doubt about the probability of defence, sterner or higher conditions as stated above could be imposed while granting leave but, denying the leave would be ordinarily countenanced only in such cases where the defendant fails to show any genuine triable issue and the Court finds the defence to be frivolous or vexatious. (Para 17) B.L. Kashyap and Sons v. JMS Steels & Power, 2022 LiveLaw (SC) 59
60. Code of Criminal Procedure, 1973; Section 235 (2) - Appeal against Madhya Pradesh HC judgment which confirmed death sentence awarded to the appellant accused of rape and murder of 11 year old girl - Partly allowed - Commuted death sentence- Sentenced to life imprisonment for a period of 30 years during which he shall not be granted remission- No evidence has been placed by the prosecution on record to show that there is no probability of rehabilitation and reformation of the Appellant and the question of an alternative option to death sentence is foreclosed. The Appellant had no criminal antecedents before the commission of crime for which he has been convicted. There is nothing adverse that has been reported against his conduct in jail - The Appellant was aged 25 years on the date of commission of the offence and belongs to a Scheduled Tribes community, eking his livelihood by doing manual labour. Bhagwani v. State of Madhya Pradesh, 2022 LiveLaw (SC) 60
61. Contract Act, 1872; Section 23 - What is contemplated under Section 23 of the Indian Contract Act is law, in all its forms, being immunised from encroachment and infringement by a contract, being enforced. Not only would a Statutory Rule be law within the meaning of Article 13 of the Constitution of India but it would also be law under Section 23 of the Indian Contract Act. (Para 69) G.T. Girish v. Y. Subba Raju, 2022 LiveLaw (SC) 61
62. Insolvency and Bankruptcy Code, 2016; Section 29A(h) - The word "such creditor" in Section 29A(h) has to be interpreted to mean similarly placed creditors after the application for insolvency application is admitted by the adjudicating authority - What is required to earn a disqualification under the said provision is a mere existence of a personal guarantee that stands invoked by a single creditor, notwithstanding the application being filed by any other creditor seeking initiation of insolvency resolution process. This is subject to further compliance of invocation of the said personal guarantee by any other creditor. (Para 53) Bank of Baroda v. MBL Infrastructures, 2022 LiveLaw (SC) 62
63. Arbitration Act, 1940; Section 30, 33 - Scope of interference by courts - A Court does not sit in appeal over an Award passed by an Arbitrator and the only grounds on which it can be challenged are those that have been specified in Sections 30 and 33 of the Arbitration Act, namely, when there is an error on the face of the Award or when the learned Arbitrator has misconducted himself or the proceedings. (Para 10-15) Atlanta Ltd. v. Union of India, 2022 LiveLaw (SC) 63
64. Constitution of India, 1950; Article 32, 226 - In judicial review proceedings, the Courts are concerned with the decision-making process and not the decision itself. (Para 8.4) Sushil Kumar v. State of Haryana, 2022 LiveLaw (SC) 64
65. Trade Marks Act, 1999 - Action for infringement - Once it is found that the defendant's trademark was identical with the plaintiff's registered trademark, the Court could not have gone into an enquiry whether the infringement is such as is likely to deceive or cause confusion. In an infringement action, an injunction would be issued as soon as it is proved that the defendant is improperly using the trademark of the plaintiff. (Para 54) Renaissance Hotel Holding Inc v. B. Vijaya Sai, 2022 LiveLaw (SC) 65
66. Service Law - Disciplinary Proceedings - The standard of proof in departmental proceedings, being based on preponderance of probability, is somewhat lower than the standard of proof in criminal proceedings where the case has to be proved beyond reasonable doubt - The test of criminal proceedings ought not to be applied in departmental proceedings to call for handwriting experts to examine signatures. Indian Overseas Bank v. Om Prakash Lal, 2022 LiveLaw (SC) 66
67. Service Law - Deputation involves a tripartite consensual agreement between the lending employer, borrowing employer and the employee. Specific rights and obligations would bind the parties and govern their conduct. A transient business visit without any written agreement detailing terms of deputation will not qualify as a deputation unless the respondent were to lead cogent evidence to indicate that the appellant was seconded to work overseas on deputation. Sarita Singh v. Shree Infosoft, 2022 LiveLaw (SC) 67
68. Constitution of India, 1950; Article 226 - High Court cannot issue direction to the State to form a new policy. Krishan Lal v. Vini Mahajan Secretary, 2022 LiveLaw (SC) 68
69. Narcotic Drugs and Psychotropic Substances Act, 1985; Section 67 - Confessional statement recorded under Section 67 of the NDPS Act will remain inadmissible in the trial of an offence under the NDPS Act. (Para 10) State by (NCB) Bengaluru v. Pallulabid Ahmad, 2022 LiveLaw (SC) 69
70. Covid -19 - Ex Gratia Compensation - States directed to reach out to children who were orphaned due to COVID-19 for paying them ex-gratia compensation of Rs 50,000 - Issued directions - Applications/claims of the kin/family members of persons who have succumbed to COVID-19 shall not be rejected on technical grounds. Gaurav Bansal v. Union of India, 2022 LiveLaw (SC) 70
71. Hindu Succession Act, 1956; Section 15 - Inherited property of a female Hindu dying issueless and intestate, goes back to the source - If a female Hindu dies intestate without leaving any issue, then the property inherited by her from her father or mother would go to the heirs of her father whereas the property inherited from her husband or father-in-law would go to the heirs of the husband. In case, a female Hindu dies leaving behind her husband or any issue, then Section 15(1)(a) comes into operation and the properties left behind including the properties which she inherited from her parents would devolve simultaneously upon her husband and her issues as provided in Section 15(1)(a) of the Act. (Para 72-73) Arunachala Gounder v. Ponnusamy, 2022 LiveLaw (SC) 71
72. Penal Code, 1860; Section 302 - Merely because no fracture was noticed and/or found cannot take the case out of Section 302 IPC when the deceased died due to head injury - Injury on the head can be said to be causing injury on the vital part of the body. (Para 7.2) State of U.P. v. Jai Dutt, 2022 LiveLaw (SC) 72
73. Reservation - The reservation for OBC candidates in the AIQ seats for UG and PG medical and dental courses is constitutionally valid. (Para 59) Neil Aurelio Nunes v. Union of India, 2022 LiveLaw (SC) 73
74. Specific Relief Act, 1963; Section 16 - Readiness and Willingness - it is not only necessary to view whether he had the financial capacity to pay the balance consideration, but also assess his conduct throughout the transaction - The foundation of a suit for specific performance lies in ascertaining whether the plaintiff has come to the court with clean hands and has, through his conduct, demonstrated that he has always been willing to perform the contract. (Para 25-26) Shenbagam v. KK Rathinavel, 2022 LiveLaw (SC) 74
75. Competition Act, 2002; Section 3 - Lotteries - If in the tendering process there is an element of anti-competition which would require investigation by the CCI, that cannot be prevented under the pretext of the lottery business being res extra commercium, more so when the State Government decides to deal in lotteries. (Para 39) Competition Commission v. State of Mizoram, 2022 LiveLaw (SC) 75
76. Land Law - Bangalore Development Authority Act, 1976 - Land Acquisition Act, 1894 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Since LA Act has been incorporated into the BDA Act so far as they are applicable, the provisions of 2013 Act are not applicable for the acquisitions made under the BDA Act. (Para 23) Bangalore Development Authority v. State of Karnataka, 2022 LiveLaw (SC) 76
77. Consumer Protection Act, 1986; Section 21(b) - Revisional jurisdiction of the National Commission is extremely limited. It should be exercised only in case as contemplated within the parameters specified in the said provision, namely when it appears to the National Commission that the State Commission had exercised a jurisdiction not vested in it by law, or had failed to exercise jurisdiction so vested, or had acted in the exercise of its jurisdiction illegally or with material irregularity. (Para 9) Sunil Kumar Maity v. State Bank of India, 2022 LiveLaw (SC) 77
78. Service Law - In the event of a conflict between a statement in an advertisement and service regulations, the latter shall prevail - an erroneous advertisement would not create a right in favour of applicants who act on such representation. (Para 20) Employees State Insurance Co. v. Union of India, 2022 LiveLaw (SC) 78
79. Interpretation of Statutes - Taxation Statutes - The exemption notification should be strictly construed and given meaning according to legislative intendment. The Statutory provisions providing for exemption have to be interpreted in the light of the words employed in them and there cannot be any addition or subtraction from the statutory provisions. (Para 14.3) State of Gujarat v. ArcelorMittal Nippon Steel, 2022 LiveLaw (SC) 79
80. Criminal Trial - Vulnerable Witnesses - The fairness of the process of trial as well as the pursuit of substantive justice are determined in a significant measure by the manner in which statements of vulnerable witnesses are recorded - Creation of a barrier free environment where depositions can be recorded freely without constraining limitations, both physical and emotional - Directions issued. (Para 3-5) Smruti Tukaram Badade v. State of Maharashtra, 2022 LiveLaw (SC) 80
81. Service Law - Disciplinary Proceedings - Driving a vehicle under the influence of alcohol is not only a misconduct but it is an offence also. Nobody can be permitted to drive the vehicle under the influence of alcohol. Such a misconduct of driving a vehicle under the influence of alcohol and playing with the life of the others is a very serious misconduct. - Merely because there was no major loss and it was a minor accident cannot be a ground to show leniency. (Para 11, 10) Brijesh Chandra Dwivedi v. Sanya Sahayak, 2022 LiveLaw (SC) 81
82. Transfer of Property Act, 1882; Section 122 and 123 - Gift - Voluntariness and animus necessary for the execution of a valid gift deed - One who bargains in the matter of advantage with a person who places confidence in him is bound to show that a proper and reasonable use has been made of that confidence. The burden of establishing perfect fairness, adequacy and equity is cast upon the person in whom the confidence has been reposed. Therefore, in cases of fiduciary relationships when validity of the transaction is in question it is relevant to see whether the person conferring the benefit on the other had competent and independent advice. (Para 9) Keshav v. Gian Chand, 2022 LiveLaw (SC) 82
83. Code of Criminal Procedure, 1973; Section 372 and 378 - The right provided to the victim to prefer an appeal against the order of acquittal is an absolute right- The victim has not to pray for grant of special leave to appeal-The victim has a statutory right of appeal under Section 372 proviso and the proviso to Section 372 does not stipulate any condition of obtaining special leave to appeal like subsection (4) of Section 378 Cr.P.C. in the case of a complainant and in a case where an order of acquittal is passed in any case instituted upon complaint. (Para 10.2) Joseph Stephen v. Santhanasamy, 2022 LiveLaw (SC) 83
84. Constitution of India, 1950; Article 32, 226 - Reservation - No mandamus can be issued by the Court directing the State Government to provide for reservation - Even no writ of mandamus can be issued directing the State to collect quantifiable data to justify their action not to provide for reservation- Even if the under-representation of Scheduled Castes and Scheduled Tribes in public services is brought to the notice of the Court, no mandamus can be issued by the Court to the State Government to provide for reservation. (Para 8) State of Punjab v. Anshika Goyal, 2022 LiveLaw (SC) 84
85. Bail - While granting bail, the relevant considerations are, (i) nature of seriousness of the offence; (ii) character of the evidence and circumstances which are peculiar to the accused; and (iii) likelihood of the accused fleeing from justice; (iv) the impact that his release may make on the prosecution witnesses, its impact on the society; and (v) likelihood of his tampering. (Para 9) Sunil Kumar v. State of Bihar, 2022 LiveLaw (SC) 85
86. Penal Code, 1860; Section 494, 495 – Bigamy - Appeal against Gauhati HC order which dismissed petition seeking to quash criminal proceeding under Sections 494 and 495 of the Indian Penal Code (bigamy) despite the Family Court's finding that the wife did not have a subsisting prior marriage - Allowed - High Court was not justified in coming to the conclusion that the issue as to whether the appellant had a subsisting prior marriage was a 'highly contentious matter' which has to be tried on the basis of the evidence on the record. Musst Rehana Begum v. State of Assam, 2022 LiveLaw (SC) 86
87. Goods and Services Tax - Non-extension of e-way bill would not automatically amount to evasion of tax, especially when the non-delivery of goods within the validity period of the e-way bill was due to external factors, like, traffic blockage. Asst. Commissioner v. Satyam Shivam Papers, 2022 LiveLaw (SC) 87
88. Code of Criminal Procedure, 1973; Section 437, 439 - Bail - Relevant considerations are, (i) nature of seriousness of the offence; (ii) character of the evidence and circumstances which are peculiar to the accused; and (iii) likelihood of the accused fleeing from justice; (iv) the impact that his release may make on the prosecution witnesses, its impact on the society; and (v) likelihood of his tampering. (Para 9) Manno Lal Jaiswal v. State of Uttar Pradesh, 2022 LiveLaw (SC) 88
89. Code of Criminal Procedure, 1973; Section 437, 439 - Bail - High Court order granting bail to murder accused - Allowed - The High Court has not at all considered the gravity, nature and seriousness of the offences alleged. Sunil Kumar v. State of Bihar, 2022 LiveLaw (SC) 89
90. Monopolies and Restrictive Trade Practices Act, 1969; Section 12B - Section 12B of MRTP Act empowers the Commission to grant compensation only when any loss or damage is caused to a consumer as a result of a monopolistic, restrictive or unfair trade practice. (Para 124) B.B. Patel v. DLF Universal Ltd; 2022 LiveLaw (SC) 90
91. Legislative Assembly - Maharashtra Legislative Assembly's resolution of July 5, 2021, which suspended 12 BJP MLAs for a period of one year for alleged disorderly behavior in the house - Resolution directing suspension of the petitioners beyond the period of the remainder of the concerned Monsoon Session held in July 2021 is non est in the eyes of law, nullity, unconstitutional, substantively illegal and irrational - In absence of any express provision bestowing power in the Legislature to suspend its member(s) beyond the term of the ongoing Session, the inherent power of the Legislature can be invoked only to the extent necessary and for proper exercise of the functions of the House at the relevant point of time. Ashish Shelar v. Maharashtra Leg. Assembly, 2022 LiveLaw (SC) 91
92. Registration Act, 1908; Section 17 (2) (v) - A document of partition which provides for effectuating a division of properties in future would be exempt from registration under section 17 (2) (v). The test in such a case is whether the document itself creates an interest in a specific immovable property or merely creates a right to obtain another document of title. If a document does not by itself create a right or interest in immovable property, but merely creates a right to obtain another document, which will, when executed create a right in the person claiming relief, the former document does not require registration and is accordingly admissible in evidence. (Para 24) K. Arumuga Velaiah v. P.R. Ramasamy, 2022 LiveLaw (SC) 92
93. Maharashtra Police Act, 1951; Section 56 - Externment - Externment is not an ordinary measure and it must be resorted to sparingly and in extraordinary circumstances - As the order takes away fundamental right under Article 19(1)(d) of the Constitution of India, it must stand the test of reasonableness contemplated by clause (5) of Article 19. (Para 7, 12, 14) Deepak Laxman Dongre v. State of Maharashtra, 2022 LiveLaw (SC) 93
94. Constitution of India, 1950; Article 16 - Reservation in Promotion - No yardstick can be laid down by the Court for determining the adequacy of representation of SCs and STs in promotional posts for the purpose of providing reservation. (Para 16) Jarnail Singh v. Lachhmi Narain Gupta, 2022 LiveLaw (SC) 94
95. Code of Civil Procedure, 1908 - Section 44A - Delhi High Court Act, 1966 - Section 5 - The expression "District Court" in Section 44A for execution of foreign decree, will be construed to be a Court holding ordinary original civil jurisdiction in terms of its pecuniary limits as being notified under Section 5(2) of the Act 1966. (Para 27) Griesheim GmbH v. Goyal MG Gases Pvt. Ltd., 2022 LiveLaw (SC) 95
96. Public Trusts - The aim of public control is to ensure that the trust is administered efficiently and smoothly. The state interest is that far, and no more; it cannot mean that the state can dictate what decisions can or cannot be taken. Parsi Zoroastrian v. Sub-Divisional Officer, 2022 LiveLaw (SC) 96
97. Service Law - "Equal pay for equal work" is not a fundamental right vested in any employee, though it is a constitutional goal to be achieved by the Government." (Para 14) State of Madhya Pradesh v. R.D. Sharma, 2022 LiveLaw (SC) 97
98. Registration Act, 1908; Section 32 - 35 - There is really no need for the production of the original power of attorney, when the document is presented for registration by the person who has executed the document on the strength of the power of attorney. (Para 25) Amar Nath v. Gian Chand, 2022 LiveLaw (SC) 98
99. Service Law - Modified Assured Career Progression - MACP Scheme envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section 1, Part A of the First Schedule of the CCS (Revised Pay) Rules, 2008 and has nothing to do with the next promotional post. (Para 4.1) Directorate of Enforcement v. Sudheesh Kumar, 2022 LiveLaw (SC) 99
100. Narcotics Drugs and Psychotropic Substances Act, 1985; Section 50 - Whether the personal search is vitiated by violation of Section 50 of the NDPS Act, the recovery made otherwise also would stand vitiated ? Cannot give such an extended view. Dayalu Kashyap v. State of Chhattisgarh, 2022 LiveLaw (SC) 100