Supreme Court Annual Digest 2024: Miscellaneous Acts

The Supreme Court upheld the maintainability of appeals filed by Airports Economic Regulatory Authority (AERA) assailing orders of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) under the AERA Act 2008 relating to tariff imposition on certain services. Airports Economic Regulatory Authority of India v. Delhi International Airport, 2024 LiveLaw (SC) 812

All India Tourist Vehicles (Permit) Rules, 2023

Object – The 2023 Rules have primarily two objects: Firstly, to make the movement of such tourist vehicles across the country through different States seamless and smooth; and secondly, the revenue to be generated by the Centre to be proportionately shared with the State Governments, also taking into account their previous revenue generation, and also, keeping in mind that their earlier revenue income was not reduced in any manner. The Rules, 2023 superseded the All-India Tourists Vehicles (Authorization/Permit) Rules, 2021. After the coming into of the Rules, 2023, the power of levying/collecting Border Tax/Authorization Fee by the State Governments at various border check posts from vehicles carrying All India Tourists Permit was to be done away with. (Para 4) Muthyala Sunil Kumar v. Union of India, 2024 LiveLaw (SC) 450 : AIR 2024 SC 3496

Atomic Energy Act, 1962

The petitioner, a physicist and Indian citizen residing in the US, sought a license for his technology designed to trigger nuclear fission for clean energy production with reduced radioactive waste compared to traditional fusion reactors. The petitioner contended that the Atomic Energy Act, 1962, unduly restricts the involvement of private entities in the licensing process for nuclear power. The relevant provision, Section 14 of the Act, prohibits the acquisition, production, possession, use, or disposal of prescribed substances and equipment related to atomic energy without a license, which is generally granted only to government bodies or institutions. Held, the provisions of the 1962 Act were enacted for the welfare of the people of India and to ensure strict control over nuclear energy to prevent misuse and accidents. These provisions were not arbitrary and did not infringe upon the petitioner's fundamental rights. Sandeep T.S. v. Union of India, 2024 LiveLaw (SC) 711

Cable Television Networks Rules, 1994

Rule 7 – Directions against misleading ads – Held, before an advertisement is printed/aired/displayed, a Self-declaration shall be submitted by the advertiser/advertising agency on the lines contemplated in Rule 7 of the Cable Television Networks Rules, 1994. The Self-declaration shall be uploaded by the advertiser/advertising agency on the Broadcast Sewa Portal run under the aegis of the Ministry of Information and Broadcasting. No advertisements shall be permitted to be run on the relevant channels and/or in the print media/internet without uploading the self-declaration as directed above. Further held, the directions shall be treated as the law declared by this Court under Article 141 of the Constitution of India. (Para 23 & 24) Indian Medical Association v. Union of India, 2024 LiveLaw (SC) 381 : (2024) 8 SCC 46

Cash Transfer of Food Subsidy Rules, 2015

Object – To provide food subsidy in cash directly into the bank accounts of entitled households to purchase the entitled quantity of food grains from the open market. (Para 6) Anun Dhawan v. Union of India, 2024 LiveLaw (SC) 161 : AIR 2024 SC 1248

Commercial Courts Act, 2015

Section 2(1)(c)(vii) - Merely because the dispute is related to an immovable property wouldn't per se make it a commercial dispute unless the immovable property is 'actually used' exclusively in trade or commerce. S.P. Velayutham v. Emaar Mgf Land Ltd., 2024 LiveLaw (SC) 179

Commissions for Protection of Child Rights Act, 2005

A statutory body like the National Commission for Protection of Child Rights (NCPCR) cannot invoke Article 32 to seek a writ petition for enforcement of fundamental rights, as Article 32 is primarily intended for citizens. Reliefs sought by the petitioner were dismissed as they were deemed vague and beyond the scope of the statutory functions of the NCPCR under the 2005 Act. National Commission for Protection of Child Rights v. State of Jharkhand, 2024 LiveLaw (SC) 763

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974

Section 3 - The High Court had previously dismissed the appellant's writ petition, which claimed that relevant documents were not supplied, impairing the detenue's right to make an effective representation under Article 22(5) of the Constitution of India. Held, the grounds for detention were nearly identical to those in a prior case where the High Court quashed the detention orders due to the non-supply of similar documents, particularly WhatsApp chats. The Court emphasized the necessity for judicial discipline and adherence to precedent within the same High Court, ruling that the second Division Bench should have followed the earlier decision. Quashed the detention order and its confirmation, reinstating the rights of the detenue. Shabna Abdulla v. Union of India, 2024 LiveLaw (SC) 588

Control of National Highways (Land and Traffic) Act, 2002

Effective Implementation – Machinery for Oversight and Grievance Redressal – Survey of Highways – Removal of unauthorized encroachments on highway land – Compliance with Amendments – Directions Issued. Gyan Prakash v. Union of India, 2024 LiveLaw (SC) 164

Convention on Biological Diversity, 1992

Article 8 – Principle of Ecological Restitution – Article 8(f) requires the contracting parties to, as far as possible and as appropriate, to rehabilitate and restore the degraded ecosystems and promote the recovery of threatened species. The focus has to be on restoration of the ecosystem as close and similar as possible to the specific one that was damaged. The State, apart from preventing such acts in the future, should take immediate steps for restoration of the damage already done; undertake an exercise for determining the valuation of the damage done and recover it from the persons found responsible for causing such a damage. (Para 150, 156 & 158) In Re: T.N. Godavarman Thirumulpad v. Union of India, 2024 LiveLaw (SC) 198 : AIR 2024 SC 1955

Drugs (Price Control) Order (DPCO), 1995

The intent and purpose thereof are to control the prices at which medicinal drug formulations are made available to the common man by holding out the threat of recovery of the higher prices charged for such drug formulations by those involved in their manufacture and marketing. Given the laudable objective underlying the provision, it cannot be subjected to a restricted or hidebound interpretation. (Para 11) Sun Pharmaceutical Industries Ltd. v. Union of India, 2024 LiveLaw (SC) 487 : AIR 2024 SC 4317

Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954

Rules, 1955; Section 3 (d) - Contempt of Court Proceedings – Violation of Undertaking – The Court restrained Patanjali Ayurved Limited from advertising products intended to cure diseases specified in relevant laws and cautioned against making statements against any system of medicine in the media, as previously undertaken. Indian Medical Association v. Union of India, 2024 LiveLaw (SC) 229

Enemy Property Act, 1968

The petitioner challenged an order of the High Court, which had directed that no coercive action be taken until the Municipal Building Tribunal was constituted. The Supreme Court stayed this order and directed the Municipal Corporation and Custodian of Enemy Property to proceed with the identification and demolition of unauthorized constructions. Custodian of Enemy Property for India v. Md. Yakub @ Md. Yakub Ansari, 2024 LiveLaw (SC) 719

Union of India cannot assume ownership of the enemy properties once the said property is vested in the Custodian. This is because, there is no transfer of ownership from the owner of the enemy property to the Custodian and consequently, there is no ownership rights transferred to the Union of India. Therefore, the enemy properties which vest in the Custodian are not Union properties. (Para 22) Lucknow Nagar Nigam v. Kohli Brothers Colour Lab. Pvt. Ltd., 2024 LiveLaw (SC) 156

Foreigners Act, 1946

Authorities cannot randomly ask people to prove Indian citizenship on mere suspicion without sharing any material. Md. Rahim Ali @ Abdur Rahim v. State of Assam, 2024 LiveLaw (SC) 462 : AIR 2024 SC 3551

Indian citizenship should not be doubted due to minor variations in name spellings in electoral rolls or govt records. Md. Rahim Ali @ Abdur Rahim v. State of Assam, 2024 LiveLaw (SC) 462 : AIR 2024 SC 3551

General Clauses Act, 1897

Section 3(22) – Good faith – Is an act done honestly, whether it is done negligently or not. (Para 8) State of Gujarat v. Paresh Nathalal Chauhan, 2024 LiveLaw (SC) 295

Guardians and Wards Act, 1890

'Parties' rights can't override child's welfare' : Supreme Court sets aside High Court Order giving father toddler's custody from maternal relatives. Somprabha Rana v. State of Madhya Pradesh, 2024 LiveLaw (SC) 666 : (2024) 9 SCC 382

Hindu Widow's Remarriage Act, 1856

Section 2 – Right of widow in deceased husband's property to cease on marriage – Hence she could not convey any property over which she did not have any right or title. Held, the plaintiff who is the son of the widow and her second husband cannot claim share in suit property through the widow as the widow had lost her right over the subject property on her contracting second marriage. (Para 17 & 19) Kizhakke Vattakandiyil Madhavan v. Thiyyurkunnath Meethal Janaki, 2024 LiveLaw (SC) 293

Section 2 – Validity of lease deed – The validity of lease deed executed by the widow and her two sons is accepted to the extent it was made by the sons (sons of widow and deceased). Held, even if subsistence of a deed is proved in evidence, the title of the executing person does not automatically stand confirmed. If a document seeking to convey immovable property ex-facie reveals that the conveyer does not have the title over the same, specific declaration that the document is invalid would not be necessary. (Para 18) Kizhakke Vattakandiyil Madhavan v. Thiyyurkunnath Meethal Janaki, 2024 LiveLaw (SC) 293

Industrial Disputes Act, 1947

Section 2(s) - Employee in supervisory capacity, drawing wages exceeding 10k per month not 'workman'. Express Publications (Madurai) Ltd v. Lenin Kumar Ray, 2024 LiveLaw (SC) 841 : AIR 2024 SC 5409

Sections 29 and 34 - Penalty for breach of settlement or award - Section 29 is applicable when any person commits a breach of any term of any settlement or award binding on him under the ID Act. Therefore, in the complaint alleging the commission of an offence punishable under Section 29 of the ID Act, there must be a specific averment regarding the existence of a settlement or award binding on the accused under the ID Act and how the same has been breached. (Para 5 & 6) Yugal Sikri v. State of U.P., 2024 LiveLaw (SC) 537

Industrial Policy, 2003

'Market fees' collected under the Punjab Agricultural Produce Markets Act, 1961 and the 'Rural Development fees' collected under the Punjab Rural Development Act are distinct. Market Fees could not be equated with Rural Development Fees for the purposes of exemption under the 2003 Policy. (Para 29) State of Punjab v. Punjab Spintex Ltd; 2024 LiveLaw (SC) 484 : AIR 2024 SC 4347

Legal Services Authorities Act, 1987

The court issued comprehensive directions aimed at strengthening the functioning and accessibility of legal aid services across various levels. The National Legal Services Authority (NALSA), State Legal Services Authorities (SLSAs), and District Legal Services Authorities (DLSAs) are tasked with ensuring efficient implementation and periodic review of the Standard Operating Procedures (SOPs) for legal aid services, particularly for prisoners and undertrial detainees. Key measures include enhanced monitoring of Prison Legal Aid Clinics (PLACs), updating statistical data to address shortcomings, promoting the Legal Aid Defence Counsel System, and increasing public awareness through campaigns in local languages, public signage, and community-based initiatives like street plays. Further, the court directed regular interaction with Jail Visiting Lawyers and Para Legal Volunteers, continuing legal education, and improving access to legal resources. High Courts are encouraged to append coversheets to judgments, informing convicts about free legal aid for higher remedies and display similar information on their websites. The Union and State Governments are urged to cooperate with Legal Services Authorities for effective implementation. NALSA retains the liberty to seek further directions as needed to achieve these objectives. The court expressed appreciation for the contributions of the Amicus Curiae and counsel in this matter. Suhas Chakma v Union of India, 2024 LiveLaw (SC) 828 : AIR 2024 SC 5658

Maternity Benefit Act, 1961

Menstrual Leave Policy - Petition seeking direction to the Union and State Governments to implement policies for granting menstrual leave under the Maternity Benefit Act, 1961 - Petitioner had previously submitted a representation to the Union Ministry of Women and Child Development, which was not responded to - Court observed that the issue raised involved multiple policy considerations and should be attended to by the Union and the States - Petitioner permitted to make another representation to the Secretary, Union Ministry of Women and Child Development - Court requested the Secretary to examine the matter at a policy level in consultation with all stakeholders, and consider framing a model policy - Writ Petition disposed of with liberty to the States to independently take appropriate action. Shailendra Mani Tripathi v. Union of India, 2024 LiveLaw (SC) 509

Micro, Small and Medium Enterprises Development Act, 2006

Banks are not empowered to classify the loan accounts of the MSMEs, as Non-Performing Assets (NPA), without following the mandatory procedure laid down in the Instructions for Framework for Revival and Rehabilitation of MSMEs issued by the Ministry of MSME. Pro Knits v. Board of Directors of Canara Bank, 2024 LiveLaw (SC) 548 : AIR 2024 SC 5752 : (2024) 10 SCC 292

National Food Security Act, 2013

There being a systematic legal framework provided under the NFSA for the implementation of the schemes and programmes for providing food and nutritional security, no direction is required to implement the concept of Community Kitchens as prayed for by the petitioners in the instant petition. It is open for the States/UTs to explore such alternative welfare schemes as may be permissible under the NFSA. (Para 7 & 9) Anun Dhawan v. Union of India, 2024 LiveLaw (SC) 161 : AIR 2024 SC 1248

Object - To provide for food and nutritional security in human life cycle approach, by ensuring access to adequate quantity of quality food at affordable prices to people to live a life with dignity and for matters connected therewith or incidental thereto. With the enactment of the NFSA there was a paradigm shift in the approach to food security from “welfare to rights based approach.” (Para 6) Anun Dhawan v. Union of India, 2024 LiveLaw (SC) 161 : AIR 2024 SC 1248

National Housing Bank Act, 1987

Section 29A and 50 - Whether the complaint could proceed against all the accused, including the directors of the company, without specific averments regarding their roles in the commission of the offence. Held, In cases involving vicarious liability, it is necessary to make specific averments that the accused directors were in charge of and responsible for the conduct of the company's business at the time of the offence. Absent such averments, the complaint cannot proceed against the directors, except the Managing Director, who is presumed to be in charge of the company's operations by virtue of their position. National Housing Bank v. Bherudan Dugar Housing Finance Ltd., 2024 LiveLaw (SC) 541 : AIR 2024 SC 5523

Passport Act, 1967

Section 12(b) - As discernible from the language of the provision, what must be established is that the accused knowingly furnished false information or suppressed material information with the intent of obtaining a passport or travel document. In the present case, it is crucial to consider that the alleged forgery of signatures on the passport application was inconclusive. Moreover, the cognizance of such like offence can be taken only at the instance of the Prescribed Authority. No complaint to that effect has been disclosed against the Appellants. This Court, therefore, will exercise caution before invoking such severe offences and penalties solely on the basis of conjectures and surmises. Mariam Fasihuddin v. State by Adugodi Police Station, 2024 LiveLaw (SC) 53 : AIR 2024 SC 801 : 2024 Cri LJ 1033

Police Act, 1861

The information disclosing the commission of the cognizable offence needs to be recorded as a First Information Report (FIR) in the form of a book and not in the General Diary maintained by the Police. (Para 28) Shailesh Kumar v. State of U.P., 2024 LiveLaw (SC) 162

Prevention of Cruelty to Animals Act, 1960

Animal Birth Control Rules, 2001 - Under all circumstances, there cannot be any indiscriminate killings of canines and the authorities have to take action in terms of the mandate and spirit of the prevalent legislation(s) in place. There is no gainsaying in the fact that exhibiting compassion to all living beings, is the enshrined Constitutional value and mandate, and cast obligation on the authorities to maintain. (Para 11) Animal Welfare Board of India v. People For Elimination of Stray Troubles, 2024 LiveLaw (SC) 434

Prevention of Food Adulteration Act, 1954

Section 7 r/w Section 16 – Conviction for use of permitted food colour – Tartrazine yellow colour permissible under Rule 28 of Prevention of Food Adulteration Rules, 1955 – Erroneous conviction set aside. Mahesh Chander @ Mahesh Chand v. State of Haryana, 2024 LiveLaw (SC) 610

Section 2(ix) (k) and Prevention of Food Adulteration Rules, 1955; Rule 32(c) & (f) – Misbranded food – The packets taken from shop/godown of the appellants by the food inspector were misbranded as defined under Section 2(ix) (k) of the Act, as they were not labelled in accordance with the requirements of the Act or the Rules made thereunder. (Para 7) A.K. Sarkar v. State of West Bengal, 2024 LiveLaw (SC) 212

Prevention of Food Adulteration Rules, 1955; Rule 32(c) & (f) and Food Safety and Standards Act, 2006; Section 52 – Reduction of sentence as per current law applicable – Sentence of imprisonment and fine converted to only fine – The Prevention of Food Adulteration Act, 1954, repealed by the introduction of the Food Safety and Standards Act, 2006, wherein Section 52 provides a maximum penalty of Rs.3,00,000/- for misbranded food and no provision for imprisonment. When an amendment is beneficial to the accused it can be applied even to cases pending in Courts where such a provision did not exist at the time of the commission of offence. (Para 9) A.K. Sarkar v. State of West Bengal, 2024 LiveLaw (SC) 212

Prohibition of Child Marriage Act, 2006

This Act is a social legislation which requires a collective effort of all stakeholders for its success emphasising the need for community-driven strategies and more focus on prevention than prosecution. The preventive strategies should therefore be tailored to address the root causes of child marriage, such as poverty, gender inequality, lack of education, and entrenched cultural practices. The Court issued a set of guidelines to "prioritise prevention before protection and protection before penalisation. Society for Enlightenment and Voluntary Action v. Union of India, 2024 LiveLaw (SC) 811

Protection of Women from Domestic Violence Act, 2005

Alteration / modification / revocation of an order passed under Section 12 of the DV Act can be sought through Section 25(2) only on the basis of change of circumstances which took place subsequent to the passing of the order. S. Vijikumari v. Mowneshwarachari C., 2024 LiveLaw (SC) 745

The Act is a piece of Civil Code which is applicable to every woman in India irrespective of her religious affiliation and/or social background for a more effective protection of her rights guaranteed under the Constitution and in order to protect women victims of domestic violence occurring in a domestic relationship. S. Vijikumari v. Mowneshwarachari C., 2024 LiveLaw (SC) 745

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

Though, the Right to Property is no more a Fundamental Right, still it is recognized as a Constitutional Right under Article 300A of the Constitution of India. Depriving a citizen of his Constitutional Right to use the land for 20 years and then showing graciousness by paying the compensation and beating drums that the State has been gracious is unacceptable. The state is not doing charity by paying compensation to the citizens for acquisition of land. (Para 25 & 26) Sudha Bhalla @ Sudha Punchi v. Rakesh Kumar Singh, 2024 LiveLaw (SC) 167

Sick Industrial Companies (Special Provisions) Act, 1985

Section 22(1) - If the recovery proceedings against the Sick Company do not pose a threat to its properties or have adversely impacted the scheme of the revival of the Sick Company, then there wouldn't be a bar for filing a suit for the recovery of the dues against the Sick Company. Fertilizer Corporation of India Ltd. v. Coromandal Sacks Pvt. Ltd., 2024 LiveLaw (SC) 338

Special Economic Zones Act, 2005

Section 49(1)(b) and Electricity Act, 2003; Section 14(b) – Deemed to be a distribution licensee – The Ministry of Commerce & Industry (MoCI), vide the 2010 Notification has specified that the 'developer' of the SEZ shall be deemed to be a 'distribution licensee' under the provisions of the Electricity Act. The proviso inserted vide the 2010 Notification, in section 14(b) of the Electricity Act, Provided that the Developer of a SEZ shall be deemed to be a licensee with effect from the date of notification of such SPZ – Held, the proviso to section 14(b) of the Electricity Act is to confer upon an entity like the appellant a status which is otherwise available in accordance with the Electricity Act. With this inclusion it is evident that a SEZ developer is deemed to be a distribution licensee. Once the appellant is a (deemed) distribution licensee, certain benefits and/or privileges do enure in its favour. Accordingly, if CSS is payable by a distribution licensee, the deemed distribution licensee is equally liable to pay the same. (Para 13 & 14, 20) Sundew Properties Ltd. v. Telangana State Electricity Regulatory Commission, 2024 LiveLaw (SC) 393

Transgender Persons (Protection of Rights) Act, 2019

Application process for a PAN card - Requested that certificates issued by District Magistrates under Sections 6 and 7 of the Act be accepted for the application process. The Union of India broadly accepted the demands made in the petition. The Supreme Court observed that the Union of India may consider incorporating these provisions into formal rules for greater clarity. Reshma Prasad @ Ramesh Prasad v. Union of India, 2024 LiveLaw (SC) 623

Waqf Act, 1995

The original jurisdiction to decide the issue pertaining to Mutawalliship vests with the Waqf board and not the Waqf Tribunal. S V Cheriyakoya Thangal v. S.V P Pookoya, 2024 LiveLaw (SC) 309