SUBJECT WISE INDEX

Bail

Ensure basic essentials such as FIR number, police station are recorded in bail orders: Supreme Court to all High Courts. Ravish Kumar v. State of Bihar, 2023 LiveLaw (SC) 206

'Bail can be cancelled if serious offences are subsequently added to FIR': Supreme Court sets aside bail in 'casting couch' case. Ms. X v. State of Maharashtra, 2023 LiveLaw (SC) 205

Bhopal Gas Tragedy

Bhopal Gas Tragedy - Supreme Court dismisses Centre's curative plea seeking additional compensation from Union Carbide Corporation after reopening settlement entered in 1989 which was approved by the Supreme Court-The Union has filed the present curative petitions seeking to reopen the settlement after opposing attempts by private parties to do so. The responsibility was placed on the Union of India, being a welfare State to make good the deficiency and to take out the relevant insurance policies. Surprisingly, we are informed that no such insurance policy was taken out. This is gross negligence on part of the Union of India and is a breach of the directions made in the review judgment. The Union cannot be negligent on this aspect and then seek a prayer from this Court to fix such liability on UCC. (Para 46) Union of India v. Union Carbide Corporation, 2023 LiveLaw (SC) 200

Bhopal Gas Tragedy - While we sympathize with the victims of the awful tragedy, we are unable to disregard settled principles of law, particularly at the curative stage. Mere sympathy for the sufferers does not enable us to devise a panacea; more so while looking into the nature of dispute, and the multifarious occasions on which this Court has applied its mind to the settlement. (Para 40) Union of India v. Union Carbide Corporation, 2023 LiveLaw (SC) 200

Bhopal Gas Tragedy - Union of India’s claim for a ‘top up’ has no foundations in any known legal principle. Either a settlement is valid or it is to be set aside in cases where it is vitiated by fraud. No such fraud has been pleaded by the Union, and their only contention relates to a number of victims, injuries, and costs that were not contemplated at the time the settlement was effected - We are equally dissatisfied with the Union being unable to furnish any rationale for raking up this issue more than two decades after the incident. (Para 47, 48) Union of India v. Union Carbide Corporation, 2023 LiveLaw (SC) 200

Bhopal Gas Tragedy - A sum of Rs.50 crore lying with the RBI shall be utilised by the Union of India to satisfy pending claims, if any, in accordance with the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985 and the Scheme framed thereunder. (Para 49) Union of India v. Union Carbide Corporation, 2023 LiveLaw (SC) 200

Bhopal Gas Tragedy - Providing closure to a lis is also a very important aspect. This is more so in the context of the scenario faced by the Indian judiciary, where delay is almost inevitable. This concern would be further amplified in respect of a tort claim such as the present one - if evidence were to be led for each claimant, this would open a pandora’s box in UCC’s favour and would only be to the detriment of the beneficiaries. (Para 50) Union of India v. Union Carbide Corporation, 2023 LiveLaw (SC) 200

Canon Law

Kerala High Court's observation that church assets are governed by public trust law and Bishops have no power to alienate them are prima facie in nature, no finality can be attached to them. (Para 21, 22) Cardinal Mar George Alencherry v. State of Kerala, 2023 LiveLaw (SC) 203

Civil Law

Should a Judgment be reviewed because it followed a precedent which was later overruled ? Govt. of NCT of Delhi v. K.L. Rathi Steels Ltd; 2023 LiveLaw (SC) 204

Cause of action for redemption suit is successive, second suit by mortgagor not barred by default dismissal of first suit. Ganesh Prasad v. Rajeshwar Prasad, 2023 LiveLaw (SC) 189

Pleadings - A entitled to take alternative pleas in support of its case - plaintiff is entitled to plead even inconsistent pleas while seeking alternative reliefs. (Para 41, 42) Ganesh Prasad v. Rajeshwar Prasad, 2023 LiveLaw (SC) 189

Community Certificate

Court is appalled at the treatment given to the Appellant by the Respondents herein. The Appellant, before applying to the post reserved for ST candidates supplied all documents required in support of his claim as a ST candidate, and got the documents verified and approved. After being given employment however, the re-evaluation of the authenticity of the documents of the Appellant have been kept pending for 19 years, dangling like a sword on the Appellants head. (Para 13) Community Certificate - The exercise of verification of community certificate must be completed expeditiously. (Para 16) R. Sundaram v. Tamilnadu State Level Scrutiny Committee, 2023 LiveLaw (SC) 207

A community certificate in cases of scheduled tribe communities, unlike any other piece of paper, is an acknowledgment of a person belonging to a community which has faced years of oppression. The Constitution of India guarantees certain rights to people from Scheduled Tribe communities on grounds of historical injustice, and for the translation of such rights from paper to real life, the community certificate in most cases becomes an essential document. This certificate, whilst being an acknowledgment of history, is also a document that tries to rectify such historical injustice by becoming a tool that fabricates constitutional rights into reality. In such a scenario where the validity of a community certificate is put to question, keeping in mind the importance of the document and the effect it has on people’s rights, the proceedings questioning the document cannot, except in the most exceptional circumstances, be done ex-parte. (Para 22) R. Sundaram v. Tamilnadu State Level Scrutiny Committee, 2023 LiveLaw (SC) 207

Constitution

Article 30 - Minority educational institution cannot claim exemption from admission & fee regulatory committee. Icon Education Society v. State of Madhya Pradesh, 2023 LiveLaw (SC) 202

'Dialogue between constitutional functionaries cannot degenerate into a race to bottom': Supreme Court reprimands Punjab CM, Governor. State of Punjab v. Principal Secretary to the Governor of Punjab, 2023 LiveLaw (SC) 188

Two important aspects of Parliamentary democracy - There are two equally important aspects for the functioning of a parliamentary democracy. First, the failure of a constitutional authority to fulfill its obligation under a distinct provision of the Constitution does not furnish a justification to another to decline to fulfill its own constitutional obligation. Second, while this Court is cognizant of the importance of free speech and expression and the fundamental value embodied in Article 19(1)(a), it becomes necessary to emphasize that constitutional discourse has to be conducted with a sense of decorum and mature statesmanship. (Para 25) State of Punjab v. Principal Secretary to the Governor of Punjab, 2023 LiveLaw (SC) 188

On maintaining civility in discourses between Constitutional functionaries - Political differences in a democratic polity have to be worked upon and sorted out with a sense of sobriety and maturity. The dialogue between constitutional functionaries cannot degenerate into a race to the bottom. Unless these principles were to be borne in mind, the realization of constitutional values may be placed in jeopardy-We can only hope that mature constitutional statesmanship will ensure that such instances do not occur in the future as much as we reiterate our expectation that constitutional functionaries must be cognizant of the public trust in the offices which they occupy. The public trust which is entrusted to them is intended to sub-serve the cause of our citizens and to ensure that the affairs of the nation are conducted with a sense of equanimity so as to accomplish the objects of the Preamble to the Constitution. (Para 26) State of Punjab v. Principal Secretary to the Governor of Punjab, 2023 LiveLaw (SC) 188

Article 226(2) - Supreme Court explains tests to determine if cause of action has arisen within jurisdiction of the High Court. State of Goa v. Summit Online Trade Solutions (P) Ltd, 2023 LiveLaw (SC) 184

Consumer

Amend Consumer Protection Rules on appointment process of commission members within 3 months : Supreme Court to Centre, States. In Re: Inaction of the Governments in appointing President and Members/Staff of Districts and State Consumer Disputes Redressal Commission and inadequate infrastructure across India v. Union of India, 2023 LiveLaw (SC) 201

Criminal Law

Supreme Court dismisses Cardinal George Alencherry's plea to quash criminal cases over land scam. Cardinal Mar George Alencherry v. State of Kerala, 2023 LiveLaw (SC) 203

Environment

Appeal maintainable before NGT against corrigendum imposing additional conditions to environmental clearance. IL&FS Tamil Nadu Power Company Ltd. v. T. Muruganandam, 2023 LiveLaw (SC) 192

Environmental Clearance - Supreme Court permits IL&FS Tamil Nadu Power Company Limited to continue operating its power plants in Tamil Nadu. IL&FS Tamil Nadu Power Company Ltd. v. T. Muruganandam, 2023 LiveLaw (SC) 192

The Supreme Court issues directions for installation of vapour recovery system in retail petroleum outlets. Indian Oil Corporation Ltd. v. VBR Menon, 2023 LiveLaw (SC) 185

Evidence

Evidentiary value of extra-judicial confession also depends on the person to whom it is made. Pawan Kumar Chourasia v. State of Bihar, 2023 LiveLaw (SC) 197

Insolvency

IBC - Resolution professional entitled to take control of corporate debtor's rights in assets licensed to third parties. Victory Iron Works Ltd. v. Jitendra Lohia, 2023 LiveLaw (SC) 193

Judicial Activism

The jurisprudential enthusiasm and wisdom for doing the substantial justice has to be applied by the courts within the permissible limits. The belief of self-righteousness or smugness of the High Court in exercise of its powers of judicial review should not overawe the other authorities discharging their statutory functions. We may not have to remind the High Courts that judicial restraint is a virtue, and the predilections of individual judges, howsoever well intentioned, cannot be permitted to be operated in utter disregard of the well-recognized judicial principles governing uniform application of law. Unwarranted judicial activism may cause uncertainty or confusion not only in the mind of the authorities but also in the mind of the litigants. (Para 29) Cardinal Mar George Alencherry v. State of Kerala, 2023 LiveLaw (SC) 203

Labour Law

Court can always test the extreme penalty of dismissal from service on the test of proportionality - Poor Line Mazdoor dismissed from service reinstated by Supreme Court invoking Article 142 of the Constitution. Eastern Coalfields Ltd. v Ajit Mondal, 2023 LiveLaw (SC) 209

Labour Disputes - Effective relief can be granted to a worker only if the permanent address of the workman is furnished in the pleadings - In future all the cases to be filed and in all the pending cases, the parties shall be required to furnish their permanent address(es) - Merely mentioning through Labour Union or authorised representatives, who are sometimes union leaders or legal practitioners, will not be sufficient - Service of notice of workman will have to be effected on the permanent address of the workman. Creative Garments Ltd. v. Kashiram Verma, 2023 LiveLaw (SC) 198

Land Law

Delhi Land Reforms Act not applicable once an area is urbanised under Delhi Municipal Corporation Act. Mohinder Singh v. Narain Singh, 2023 LiveLaw (SC) 191

MP Nagar Tatha Gram Nivesh Adhiniyam - Scheme will not lapse merely because it was not completed within 3 years despite substantial steps. Indore Development Authority v. Burhani Grih Nirman Sahakari Sanstha Maryadit Sneh Nagar, 2023 LiveLaw (SC) 183

Judiciary

District Judges Appointment - Only 10% Posts Can Be Filled Through Limited Competitive Examination. Rajendra Kumar Shrivas v. State of Madhya Pradesh, 2023 LiveLaw (SC) 181

District Judges Appointments - Higher Judiciary - Supreme Court directs the Madhya Pradesh High Court to comply with the directions of the Apex Court in All India Judges’ Association and Ors. v. UoI and Ors. (2010) 15 SCC 170, particularly, the one asking the High Courts to reserve only 10% seats in the higher judiciary to be filled up by limited departmental competitive examination - directed the High Court to see if the 10% quota was breached in any recruitment subsequent to 1.1.2022 and if so, stated, all such posts were to be adjusted in the future recruitments. Rajendra Kumar Shrivas v. State of Madhya Pradesh, 2023 LiveLaw (SC) 181

Murder Trial

Murder Trial - Prosecution's omission to explain injuries on accused assumes importance when evidence consists of interested witnesses. Nand Lal v. State of Chhattisgarh, 2023 LiveLaw (SC) 186

Practice and Procedure

'Only CJI can assign cases': Supreme Court bench unhappy with another bench assigning a case to it. Orris Infrastructure Pvt. Ltd. v. Manoj Aggarwal, 2023 LiveLaw (SC) 182

Supreme Court Practice and Procedure - If a particular bench in a particular situation finds that a matter needs to be placed before another bench, it is required to direct the matter to be placed before the Chief Justice for obtaining appropriate orders. Orris Infrastructure Pvt. Ltd. v. Manoj Aggarwal, 2023 LiveLaw (SC) 182

Supreme Court Practice and Procedure - It is a normal practice of this Court that the matter follows a judge who is part of the Bench which has passed an effective order. Orris Infrastructure Pvt. Ltd. v. Manoj Aggarwal, 2023 LiveLaw (SC) 182

Service Law

Pension - The right to pensionary benefit is a constitutional right and as such cannot be taken away without proper justification - the grant of pensionary benefits is not a bounty, but a right of the employee, and as such cannot be denied without proper justification. (Para 11 & 12) R. Sundaram v. Tamilnadu State Level Scrutiny Committee, 2023 LiveLaw (SC) 207

Service Law - Government resolutions cannot override statutory rules - In service jurisprudence, the service rules are liable to prevail - There can be Government resolutions being in consonance with or expounding the rules, but not in conflict with the same. (Para 25) Ashok Ram Parhad v. State of Maharashtra, 2023 LiveLaw (SC) 196

Tax

Tax Laws - Non-service of assessment orders inconsequential if assesee had knowledge about them otherwise - if the appellants had the knowledge of the order passed against them, then so-called irregularity in the manner of effecting the service of the order on them, etc. was of no consequence and cannot be termed as illegal. (Para 16,17 18) Commercial Tax Officer v. Neeraja Pipes Pvt. Ltd., 2023 LiveLaw (SC) 199

KVAT Act | Dealer claiming input tax credit must prove transaction beyond reasonable doubt. State of Karnataka v. Ecom Gill Coffee Trading Pvt. Ltd., 2023 LiveLaw (SC) 187

Will

Will can't be presumed to be genuine merely because it is aged more than 30 years old. Ashutosh Samanta v. Ranjan Bala Dasi, 2023 LiveLaw (SC) 190

STATUTE WISE INDEX

Arbitration and Conciliation Act 1996; Section 31(7) - Unless there is a specific bar under the contract, it is always open for the arbitrator / Arbitral Tribunal to award pendente lite interest. (Para 7.5) Indian Railway Construction Company v. National Buildings Construction Corporation, 2023 LiveLaw (SC) 210

Arbitration and Conciliation Act, 1996; Section 34 - Supreme Court sets aside the HC order which set aside an arbitral award - SC hold that HC exceeded in its jurisdiction under Section 34 of the Arbitration Act quashing and setting aside the well-reasoned award passed by the Arbitral Tribunal. Indian Railway Construction Company v. National Buildings Construction Corporation, 2023 LiveLaw (SC) 210

Code of Civil Procedure, 1908; Order IX Rule 9 - If the right of redemption is not extinguished, the provision like Order IX Rule 9 of the CPC will not debar the mortgagor from filing a second suit because as in a partition suit, the cause of action in a redemption suit is a recurring one. The cause of action in each successive action, until the right of redemption is extinguished or a suit for redemption is time barred, is a different one. (Para 61, 62) Ganesh Prasad v. Rajeshwar Prasad, 2023 LiveLaw (SC) 189

Code of Civil Procedure, 1908; Order IX Rule 9 - It was not the intention of the Legislature to bar the subsequent suits between the parties and the same was evident by the qualifying words, “same cause of action”. Therefore, everything depends upon the cause of action and in case the subsequent cause of action arose from a totally different bunch of facts, such suit cannot be axed by taking shelter to the provision of Order IX Rule 9 of CPC. (Para 52) Ganesh Prasad v. Rajeshwar Prasad, 2023 LiveLaw (SC) 189

Code of Civil Procedure, 1908; Order VI Rule 17 - Inconsistent and contradictory allegations in negation to the admitted position of facts or mutually destructive allegations of facts should not be allowed to be incorporated by means of amendment to the pleadings. (Para 38) Ganesh Prasad v. Rajeshwar Prasad, 2023 LiveLaw (SC) 189

Code of Civil Procedure, 1908; Order XLVII Rule 1 - Is the subsequent overruling of a precedent relied on in a judgment a ground to review it ? - 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

Code of Criminal Procedure 1973; Section 438 - Supreme Court sets aside anticipatory bail granted to an accused in a 'casting couch' rape case - The nature and gravity of the alleged offence has been disregarded by the HC - So has the financial stature, position and standing of the accused vis-à-vis the appellant/prosecutrix been ignored. (Para 22) Ms. X v. State of Maharashtra, 2023 LiveLaw (SC) 205

Code of Criminal Procedure, 1973 - High Courts should endeavour to ensure that all basic essentials (i.e. FIR No., Date, the concerned police station and the offences allegedly committed etc.) are duly recorded or reflected in the format of the bail orders. Ravish Kumar v. State of Bihar, 2023 LiveLaw (SC) 206

Code of Criminal Procedure, 1973; Section 154 - Delay in registering FIR - The immediate lodging of an FIR removes suspicion with regard to over implication of number of persons, particularly when the case involved a fight between two groups. When the parties are at loggerheads, the immediate lodging of the FIR provides credence to the prosecution case. (Para 31) Nand Lal v. State of Chhattisgarh, 2023 LiveLaw (SC) 186

Code of Criminal Procedure, 1973; Section 190 - the cognizance is taken of an offence and not of the offender - As such the phrase “taking cognizance” has nowhere been defined in the Cr.PC, however has been interpreted by this Court to mean “become aware of” or “to take notice of judicially. (Para 10) Cardinal Mar George Alencherry v. State of Kerala, 2023 LiveLaw (SC) 203

Code of Criminal Procedure, 1973; Section 190, 203 - an order of dismissal under Section 203 of the Criminal Procedure Code is no bar to the entertainment of a second complaint on the same facts, but it will be entertained only in exceptional circumstances, e.g. that the previous order was passed on an incomplete record or on a misunderstanding of nature of complaint or it was manifestly absurd. Cardinal Mar George Alencherry v. State of Kerala, 2023 LiveLaw (SC) 203

Code of Criminal Procedure, 1973; Section 200 - No doubt, summoning of an accused is a serious matter and therefore the Magistrate before issuing the summons to the accused is obliged to scrutinize carefully the allegations made in the complaint with a view to prevent a person named therein as accused from being called upon to face any frivolous complaint, nonetheless one of the objects of Section 202 Cr.P.C. is also to enable the Magistrate to prosecute a person or persons against whom grave allegations are made. Just as it is necessary to curtail vexatious and frivolous complaints against innocent persons, it is equally essential to punish the guilty after conducting a fair trial. (Para 18) Cardinal Mar George Alencherry v. State of Kerala, 2023 LiveLaw (SC) 203

Code of Criminal Procedure, 1973; Section 438 - Addition of a serious offence can be a circumstance where a Court can direct that the accused be arrested and committed to custody even though an order of bail was earlier granted in his favour in respect of the offences with which he was charged when his application for bail was considered and a favourable order was passed. The recourse available to an accused in a situation where after grant of bail, further cognizable and non-bailable offences are added to the FIR, is for him to surrender and apply afresh for bail in respect of the newly added offences. The investigating agency is also entitled to move the Court for seeking the custody of the accused by invoking the provisions of 437(5)3 and 439(2)34 Cr.P.C., falling under Chapter XXXII of the Statute that deals with provisions relating to bails and bonds. (Para 20) Ms. X v. State of Maharashtra, 2023 LiveLaw (SC) 205

Code of Criminal Procedure, 1973; Section 438 - Victim has right to be heard in bail application of the accused - No doubt, the State was present and was represented in the said proceedings, but the right of the prosecutrix could not have been whittled down for this reason alone. In a crime of this nature where ordinarily, there is no other witness except for the prosecutrix herself, it was all the more incumbent for the High Court to have lent its ear to the appellant. (Para 23, 24) Ms. X v. State of Maharashtra, 2023 LiveLaw (SC) 205

Code of Criminal Procedure, 1973; Section 482 - Supreme Court criticises Kerala HC for overstepping jurisdiction to pass general orders - High Court in its overzealous approach" exceeded its jurisdiction under Section 482 CrPC by enlarging the scope of the petition and crossed all the boundaries of judicial activism and judicial restraint by passing such orders under the guise of doing real and substantial justice. (Para 28) Cardinal Mar George Alencherry v. State of Kerala, 2023 LiveLaw (SC) 203

Constitution of India, 1950; Article 167 - The Governor has a right to seek information from the Chief Minister in terms of Article 167(b) on matters relating to the administration of the affairs of the State and proposals for legislation. Once such information is sought, the Chief Minister is duty bound to furnish it - Not furnishing the information which was sought by the Governor would be plainly in dereliction of the constitutional duty which is imposed on the Chief Minister in terms of Article 167(b). (Para 24) State of Punjab v. Principal Secretary to the Governor of Punjab, 2023 LiveLaw (SC) 188

Constitution of India, 1950; Article 174 - There can be no manner of doubt that the authority which is entrusted to the Governor to summon the House or each House of the Legislature of the State is to be exercised on the aid and advice of the Council of Ministers. This is not a constitutional arena in which the Governor is entitled to exercise his own discretion. (Para 22) State of Punjab v. Principal Secretary to the Governor of Punjab, 2023 LiveLaw (SC) 188

Constitution of India, 1950; Article 226(2) - Concept of forum conveniens - Even if a small part of the cause of action arises within the territorial jurisdiction of a high court, the same by itself could not have been a determinative factor compelling the High Court to keep the writ petitions alive against the appellant to decide the matter qua the impugned notification, on merit. (Para 18) State of Goa v. Summit Online Trade Solutions (P) Ltd, 2023 LiveLaw (SC) 184

Constitution of India, 1950; Article 226(2) - Guiding tests to determine whether part of cause of action has arisen within the territorial jurisdiction of a High Court- In the context of a writ petition, what would constitute such ‘cause of action’ is the material facts which are imperative for the writ petitioner to plead and prove to obtain relief as claimed- Determination of the question as to whether the facts pleaded constitute a part of the cause of action, sufficient to attract clause (2) of Article 226 of the Constitution, would necessarily involve an exercise by the high court to ascertain that the facts, as pleaded, constitute a material, essential or integral part of the cause of action - In so determining, it is the substance of the matter that is relevant- It, therefore, follows that the party invoking the writ jurisdiction has to disclose that the integral facts pleaded in support of the cause of action do constitute a cause empowering the high court to decide the dispute and that, at least, a part of the cause of action to move the high court arose within its jurisdiction- Such pleaded facts must have a nexus with the subject matter of challenge based on which the prayer can be granted- Those facts which are not relevant or germane for grant of the prayer would not give rise to a cause of action conferring jurisdiction on the court. (Para 15) State of Goa v. Summit Online Trade Solutions (P) Ltd, 2023 LiveLaw (SC) 184

Constitution of India, 1950; Article 226(2) - Tax has been levied by the Government of Goa in respect of a business that the petitioning company is carrying on within the territory of Goa- Such tax is payable by the petitioning company not in respect of carrying on of any business in the territory of Sikkim- Merely because the petitioning company has its office in Gangtok, Sikkim, the same by itself does not form an integral part of the cause of action authorizing the petitioning company to move the High Court. (Para 16) State of Goa v. Summit Online Trade Solutions (P) Ltd, 2023 LiveLaw (SC) 184

Constitution of India, 1950; Article 30(1) - It is not open to the appellant society to claim complete immunity in undertaking this exercise and seek exemption from any interference by the Admission and Fee Regulatory Committee. (Para 16) Icon Education Society v. State of Madhya Pradesh, 2023 LiveLaw (SC) 202

Constitution of India, 1950; Article 30(1) - Setting up a reasonable fee structure is also a component of the right to establish and administer an institution, within the meaning of Article 30(1) of the Constitution, and every institution is free to devise its own fee structure subject to the limitation that there can be no profiteering and no capitation fee can be charged directly or indirectly or in any form - it is permissible to regulate admission and fee structure for achieving that purpose. (Para 12) Icon Education Society v. State of Madhya Pradesh, 2023 LiveLaw (SC) 202

Consumer Protection Rules, 2020 - Supreme Court directs Centre and States to amend the rules in terms of the directions in Secretary, Ministry of Consumer Affairs v. Dr. Mahindra Bhaskar Limaye, 2023 LiveLaw (SC) 161 within a period of three months. In Re: Inaction of the Governments in appointing President and Members/Staff of Districts and State Consumer Disputes Redressal Commission and inadequate infrastructure across India v. Union of India, 2023 LiveLaw (SC) 201

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

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

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

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

Evidence Act 1872 - Extra-judicial confession - Generally, it is a weak piece of evidence. However, a conviction can be sustained on the basis of extra-judicial confession provided that the confession is proved to be voluntary and truthful. It should be free of any inducement. The evidentiary value of such confession also depends on the person to whom it is made. Going by the natural course of human conduct, normally, a person would confide about a crime committed by him only with such a person in whom he has implicit faith. (Para 5) Pawan Kumar Chourasia v. State of Bihar, 2023 LiveLaw (SC) 197

Evidence Act 1872 - Extra-judicial confession - Normally, a person would not make a confession to someone who is totally a stranger to him. Moreover, the Court has to be satisfied with the reliability of the confession keeping in view the circumstances in which it is made. As a matter of rule, corroboration is not required. However, if an extra-judicial confession is corroborated by other evidence on record, it acquires more credibility. (Para 5) Pawan Kumar Chourasia v. State of Bihar, 2023 LiveLaw (SC) 197

Evidence Act, 1872; Section 69 - In the event where attesting witnesses may have died, or cannot be found, the propounder is not helpless, as Section 69 of the Evidence Act, 1872 is applicable. (Para 17) Ashutosh Samanta v. Ranjan Bala Dasi, 2023 LiveLaw (SC) 190

Evidence Act, 1872; Section 90 - Wills cannot be proved only on the basis of their age – the presumption under Section 90 as to the regularity of documents more than 30 years of age is inapplicable when it comes to proof of wills - Wills have to be proved in terms of Sections 63(c) of the Succession Act, 1925, and Section 68 of the Evidence Act, 1872. (Para 13) Ashutosh Samanta v. Ranjan Bala Dasi, 2023 LiveLaw (SC) 190

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

Insolvency and Bankruptcy Code 2016; Section 31 - After passing of the Resolution Plan under Section 31 of IBC by the Adjudicating Authority and in the light of Section 32A of IBC, the criminal proceedings under Section 138 of the NI Act will stand terminated only in relation to the Corporate Debtor if the same is taken over by a new management. (Para 86) Ajay Kumar Radheyshyam Goenka v. Tourism Finance Corporation of India Ltd., 2023 LiveLaw (SC) 195

Insolvency and Bankruptcy Code 2016; Section 31 - Process under the IBC whether under Section 31 or Sections 38 to 41 cannot extinguish criminal proceedings under Section 138 NI Act 1881 against former directors of the corporate debtor. (Para 18) Ajay Kumar Radheyshyam Goenka v. Tourism Finance Corporation of India Ltd., 2023 LiveLaw (SC) 195

Insolvency and Bankruptcy Code, 2016 - the development rights created in favour of the Corporate Debtor constitute “property” within the meaning of the expression under Section 3(27) of IBC -Since the expression “asset” in common parlance denotes “property of any kind”, the bundle of rights that the Corporate Debtor has over the property in question would constitute “asset” within the meaning of Section 18(f) and Section 25(2)(a) of IBC- these rights and interests in the immovable property are definitely liable to be included by the Resolution Professional in the Information Memorandum and the Resolution Professional is duty bound under Section 25(2)(a) to take custody and control of the same. (Para 37) Victory Iron Works Ltd. v. Jitendra Lohia, 2023 LiveLaw (SC) 193

Insolvency and Bankruptcy Code, 2016 - The exclusion of assets owned by a thirdparty, but in the possession of the Corporate Debtor held under contractual arrangements, from the definition of the expression “assets”, is limited to Section 18. In other words, the Explanation under Section 18 does not extend to Section 25. Victory Iron Works Ltd. v. Jitendra Lohia, 2023 LiveLaw (SC) 193

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

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

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

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

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

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

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

Negotiable Instruments Act 1881; Section 138 - Approval of resolution plan of corporate debtor will not extinguish the liability of erstwhile director for dishonour of cheque. (Para 17, 18 & 47, 52) Ajay Kumar Radheyshyam Goenka v. Tourism Finance Corporation of India Ltd., 2023 LiveLaw (SC) 195

Negotiable Instruments Act 1881; Section 138 - Where the proceedings under Section 138 of the NI Act had already commenced and during the pendency the plan is approved or the company gets dissolved, the directors and the other accused cannot escape from their liability by citing its dissolution. (Para 52) Ajay Kumar Radheyshyam Goenka v. Tourism Finance Corporation of India Ltd., 2023 LiveLaw (SC) 195

Negotiable Instruments Act, 1881; Section 138 - by operation of the provisions of the IBC, the criminal prosecution initiated against the natural persons under Section 138 read with 141 of the NI Act read with Section 200 of the CrPC would not stand terminated. (Para 47) Ajay Kumar Radheyshyam Goenka v. Tourism Finance Corporation of India Ltd., 2023 LiveLaw (SC) 195

Penal Code, 1860; Section 302 - Murder Trial - In case of proven previous enmity, a possibility of false implication cannot be ruled out. (Para 34) Nand Lal v. State of Chhattisgarh, 2023 LiveLaw (SC) 186

Penal Code, 1860; Section 302 - Murder Trial - Omission on the part of the prosecution to explain the injuries on the accused would assume greater importance where the evidence consists of interested or inimical witnesses or where the defence gives a version which competes in probability with that of the prosecution one. (Para 26) Nand Lal v. State of Chhattisgarh, 2023 LiveLaw (SC) 186

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

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

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

Value Added Tax, 2003 (Karnataka); Section 70 - Mere production of the invoices or the payment made by cheques is not enough and cannot be said to be discharging the burden of proof cast under section 70 of the KVAT Act, 2003 - The dealer claiming ITC has to prove beyond doubt the actual transaction which can be proved by furnishing the name and address of the selling dealer, details of the vehicle which has delivered the goods, payment of freight charges, acknowledgement of taking delivery of goods, tax invoices and payment particulars etc -the genuineness of the transaction has to be proved as the burden to prove the genuineness of transaction as per section 70 of the KVAT Act, 2003 would be upon the purchasing dealer. (Para 9.1) State of Karnataka v. Ecom Gill Coffee Trading Pvt. Ltd., 2023 LiveLaw (SC) 187

NOMINAL INDEX

1. Ajay Kumar Radheyshyam Goenka v. Tourism Finance Corporation of India Ltd., 2023 LiveLaw (SC) 195
2. Ashok Ram Parhad v. State of Maharashtra, 2023 LiveLaw (SC) 196
3. Ashutosh Samanta v. Ranjan Bala Dasi, 2023 LiveLaw (SC) 190
4. Cardinal Mar George Alencherry v. State of Kerala, 2023 LiveLaw (SC) 203
5. Commercial Tax Officer v. Neeraja Pipes Pvt. Ltd., 2023 LiveLaw (SC) 199
6. Creative Garments Ltd. v. Kashiram Verma, 2023 LiveLaw (SC) 198
7. Eastern Coalfields Ltd. v Ajit Mondal, 2023 LiveLaw (SC) 209
8. Ganesh Prasad v. Rajeshwar Prasad, 2023 LiveLaw (SC) 189
9. Govt. of NCT of Delhi v. K.L. Rathi Steels Ltd; 2023 LiveLaw (SC) 204
10. Icon Education Society v. State of Madhya Pradesh, 2023 LiveLaw (SC) 202
11. IL&FS Tamil Nadu Power Company Ltd. v. T. Muruganandam, 2023 LiveLaw (SC) 192
12. In Re: Inaction of the Governments in appointing President and Members/Staff of Districts and State Consumer Disputes Redressal Commission and inadequate infrastructure across India v. Union of India, 2023 LiveLaw (SC) 201
13. Indian Oil Corporation Ltd. v. VBR Menon, 2023 LiveLaw (SC) 185
14. Indian Railway Construction Company v. National Buildings Construction Corporation, 2023 LiveLaw (SC) 210
15. Indore Development Authority v. Burhani Grih Nirman Sahakari Sanstha Maryadit Sneh Nagar, 2023 LiveLaw (SC) 183
16. Modi Rubber Ltd. v. Continental Carbon India Ltd; 2023 LiveLaw (SC) 208
17. Mohinder Singh v. Narain Singh, 2023 LiveLaw (SC) 191
18. Ms. X v. State of Maharashtra, 2023 LiveLaw (SC) 205
19. Nand Lal v. State of Chhattisgarh, 2023 LiveLaw (SC) 186
20. Orris Infrastructure Pvt. Ltd. v. Manoj Aggarwal, 2023 LiveLaw (SC) 182
21. Pawan Kumar Chourasia v. State of Bihar, 2023 LiveLaw (SC) 197
22. R. Sundaram v. Tamilnadu State Level Scrutiny Committee, 2023 LiveLaw (SC) 207
23. Rajendra Kumar Shrivas v. State of Madhya Pradesh, 2023 LiveLaw (SC) 181
24. Ravish Kumar v. State of Bihar, 2023 LiveLaw (SC) 206
25. S. Athilakshmi v. State rep. by the Drugs Inspector, 2023 LiveLaw (SC) 194
26. State of Goa v. Summit Online Trade Solutions (P) Ltd, 2023 LiveLaw (SC) 184
27. State of Karnataka v. Ecom Gill Coffee Trading Pvt. Ltd., 2023 LiveLaw (SC) 187
28. State of Punjab v. Principal Secretary to the Governor of Punjab, 2023 LiveLaw (SC) 188
29. Union of India v. Union Carbide Corporation, 2023 LiveLaw (SC) 200
30. Victory Iron Works Ltd. v. Jitendra Lohia, 2023 LiveLaw (SC) 193