Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 17 – 23, 2022]

Arbitration and Conciliation Act, 1996; Sections 2(1)(e), 9,14 and 34 - Commercial Courts Act, 2015; Section 3 - State Government can confer jurisdiction to hear applications under Sections 9, 14 and 34 of the Arbitration and Conciliation Act, 1996, upon Commercial Courts which are subordinate to the rank of the Principal Civil Judge in the District - All applications or appeals arising out of arbitration under the provisions of Act, 1996, other than international commercial arbitration, shall be filed in and heard and disposed of by the Commercial Courts, exercising the territorial jurisdiction over such arbitration where such commercial courts have been constituted. (Para 6-11) Jaycee Housing Pvt. Ltd. v. Registrar (General), Orissa High Court, 2022 LiveLaw (SC) 860

Banking Regulation (Amendment) Act, 2020 - Transfer Petitions filed by RBI - All the writ petitions which have been filed before the High Courts challenging the validity of the Banking Regulation (Amendment) Act 2020 and/or the circular dated 25 June 2021 shall stand transferred to the High Court of Madras. Reserve Bank of India v. Big Kancheepuram Cooperative Town Bank Ltd., 2022 LiveLaw (SC) 850

Central Goods and Services Tax Act, 2017; Section 174(2)(c) - Whether the Union of India can be directed to adhere to the representation as made by it in the Office Memorandum dated 7th January 2003 even after the enactment of the CGST Act ? - Proviso to Section 174(2)(c) provides therein that any tax exemption granted as an incentive against investment through a notification shall not continue as privilege if the said notification is rescinded - If the contention is accepted, it will amount to enforcing a representation made in the said O.M. of 2003 and 2003 Notification contrary to the legislative incorporation in the proviso to Section 174(2)(c) of the CGST Act. Hero Motocorp Ltd. v. Union of India, 2022 LiveLaw (SC) 852

Code of Civil Procedure, 1908; Section 100 - Electricity Act, 2003; Section 125 - For determining whether a case involves substantial question of law, the test is not merely the importance of the question, but its importance to the case itself necessitating the decision of the question. The appropriate test for determining whether the question of law raised in the case is substantial would be to see whether it directly and substantially affects the rights of the parties. If it is established that the decision is contrary to law or the decision has failed to determine some material issue of law or if there is substantial error or defect in the decision of the case on merits, the court can interfere with the conclusion of the lower court or tribunal. The stakes involved in the case are immaterial as long as the impact or effect of the question of law has a bearing on the lis between the parties - In a second appeal, the appellant is entitled to point out that the order impugned is bad in law because it is de hors the pleadings, or it was based on no evidence or it was based on misreading of material documentary evidence or it was recorded against the provision of law or the decision is one which no Judge acting judicially could reasonably have reached. Once the appellate court is satisfied, after hearing the appeal, that the appeal involves a substantial question of law, it has to formulate the question and direct issuance of notice to the respondent. (Para 30-31) BSES Rajdhani Power Ltd. v. Delhi Electricity Regulatory Commission, 2022 LiveLaw (SC) 857

Code of Civil Procedure, 1908; Section 11 - Res Judicata - Doctrine of res judicata is attracted not only in separate subsequent proceedings but also at the subsequent stage of the same proceedings. Moreover, a binding decision cannot lightly be ignored and even an erroneous decision remains binding on the parties to the same litigation and concerning the same issue, if rendered by a Court of competent jurisdiction. Such a binding decision cannot be ignored even on the principle of per incuriam because that principle applies to the precedents and not to the doctrine of res judicata. (Para 10) S. Ramachandra Rao v. S. Nagabhushana Rao, 2022 LiveLaw (SC) 861

Code of Criminal Procedure, 1973; Section 199 - A person falling under the category of persons mentioned in sub­section (2) of Section 199 can either take the route specified in sub­section (4) or take the route specified in sub­Section (6) of Section 199 - The right of an individual is saved, under sub­section (6), even if he falls under the category of persons mentioned in subsection (2) - The special procedure is in addition to and not in derogation of the right that a public servant always had as an individual. He never lost his right merely because he became a public servant and merely because the allegations related to official discharge of his duties. (Para 50-51) Manoj Kumar Tiwari v. Manish Sisodia, 2022 LiveLaw (SC) 853

Code of Criminal Procedure, 1973; Section 199(6), 237, 250 - Whether the protection available under Section 237 of the Code to the accused, will be lost if the public servant avoids the special procedure and lodges a complaint individually? - Whenever a person is prosecuted by a public servant in his individual capacity before a Magistrate by virtue of Section 199(6), the accused can always fall back upon Section 250, for claiming compensation on the ground that the accusation was made without reasonable cause. (Para 52-55) Manoj Kumar Tiwari v. Manish Sisodia, 2022 LiveLaw (SC) 853

Code of Criminal Procedure, 1973; Section 438 - Anticipatory Bail - The first and foremost thing that the court hearing an anticipatory bail application should consider is the prima facie case put up against the accused. Thereafter, the nature of the offence should be looked into along with the severity of the punishment. Custodial interrogation can be one of the grounds to decline custodial interrogation. However, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory bail. X v. Arun Kumar C.K., 2022 LiveLaw (SC) 870

Compassionate Appointment - Qualification prevailing on the date of applying for compassionate appointment is to be considered and not the date on which the application for compassionate appointment is considered. (Para 6-7) Delhi Jal Board v. Nirmala Devi, 2022 LiveLaw (SC) 863

Constitution of India, 1950 - Part IXB inserted by the Constitution (97th Amendment) Act, 2011 would not be applicable to the local co-operative societies, whereas the same would be applicable to the multi-State co-operative societies and the societies within the Union territories. (Para 45A-45C) Bengal Secretariat Cooperative Land Mortgage Bank and Housing Society Ltd. v. Aloke Kumar, 2022 LiveLaw (SC) 849

Constitution of India, 1950; Article 136 - Code of Criminal Procedure, 1973; Section 394 - Principles of Section 394, Cr.P.C. would apply to appeals filed before the Supreme Court under Article 136 of the Constitution. (Para 14) Gurmail Singh v. State of Uttar Pradesh, 2022 LiveLaw (SC) 854

Constitution of India, 1950; Article 136 - Criminal Appeal - Though in cases of concurrent findings of fact, this Court will ordinarily not interfere with the said findings, this Court is empowered to do so if in case it finds inter alia, misreading of the evidence or where the conclusions of the High Court are manifestly perverse. (Para 55) Md. Jabbar Ali v. State of Assam, 2022 LiveLaw (SC) 856

Constitution of India, 1950; Article 22(5) - Right to make representation is a fundamental right of the detenu under Article 22(5) - Refusal to supply the documents requested by the detenu or supply of illegible or blurred copies of the documents relied upon by the detaining authority amounts to violation of Article 22(5) of the Constitution - Whether an opportunity has been afforded to make an effective representation always depends on the facts and circumstances of each case. (Para 17-21) State of Manipur v. Buyamayum Abdul Hanan @ Anand, 2022 LiveLaw (SC) 862

Constitution of India, 1950; Article 226 - Mandamus - A writ of mandamus can be issued where the Authority has failed to exercise the discretion vested in it or has exercised such a discretion malafidely or on an irrelevant consideration. Hero Motocorp Ltd. v. Union of India, 2022 LiveLaw (SC) 852

Constitution of India, 1950; Article 227 - Code of Civil Procedure, 1908; Section 115 - Appeal against HC order dismissing writ petition under Article 227 on the ground of availability of remedy of revision under Section 115 CPC - Allowed - Where there is availability of remedy under Section 115 CPC normally the petition under Article 227 would not lie - But that does not mean that writ petition under Article 227 shall not be maintainable at all - There is a difference and distinction between the entertainability and maintainability - The High Court ought to have converted the writ petition under Article 227 into revision petition under Section 115 CPC and ought to have considered the same in accordance with law and on its own merits, rather than permitting the writ petitioners to file a fresh revision application under Section 115 of the CPC. It would unnecessary increase the burden of the Court. (Para 3-4) Raj Shri Agarwal @ Ram Shri Agarwal v. Sudheer Mohan, 2022 LiveLaw (SC) 864

Constitution of India, 1950; Article 227 - The remedy under Article 227 available is a constitutional remedy under the Constitution of India which cannot be taken away - In a given case the Court may not exercise the power under Article 227 if the Court is of the opinion that the aggrieved party has another efficacious remedy available under the CPC. However, to say that the writ petition under Article 227 of the Constitution of India shall not be maintainable at all is not tenable. (Para 3) Raj Shri Agarwal @ Ram Shri Agarwal v. Sudheer Mohan, 2022 LiveLaw (SC) 864

Co-operative Societies - Once a person becomes a member of the Co-operative Society, he loses his individuality with the Society and he has no independent rights except those given to him by the statute and bye-laws. The member has to speak through the Society or rather the Society alone can act and speaks for him qua the rights and duties of the Society as a body. (Para 53) Bengal Secretariat Cooperative Land Mortgage Bank and Housing Society Ltd. v. Aloke Kumar, 2022 LiveLaw (SC) 849

Co-operative Societies - West Bengal Co-operative Societies Act, 1940 - It is not open to the Court to sit over the commercial wisdom of the General Body as an Appellate Authority. Merely because one single member in minority disapproves of the decision, that cannot be the basis to negate the decision of the General Body, unless it is shown that the decision was the product of fraud or misrepresentation or was opposed to some statutory prohibition -Co-operative Society is to function democratically and the internal democracy of a society, including resolutions passed in accordance with the Act, the Rules, and the bye-laws have to be respected and implemented. (Para 54) Bengal Secretariat Cooperative Land Mortgage Bank and Housing Society Ltd. v. Aloke Kumar, 2022 LiveLaw (SC) 849

Criminal Trial - Being a relative of the deceased is no reason to discredit their version. (Para 19) Gurmail Singh v. State of Uttar Pradesh, 2022 LiveLaw (SC) 854

Criminal Trial - The Courts have to label as to which category a discrepancy can be categorized. The material discrepancies corrode the credibility of the prosecution's case while insignificant discrepancies do not do so. (Para 52) Md. Jabbar Ali v. State of Assam, 2022 LiveLaw (SC) 856

Criminal Trial - When the witnesses are related/interested, their testimonies have to be scrutinized with greater care and circumspection. (Para 48) Md. Jabbar Ali v. State of Assam, 2022 LiveLaw (SC) 856

DNA Test for paternity – Supreme Court sets aside HC direction for DNA test of children in a matrimonial disputes - SC cites Right to Privacy – Merely because something is permissible under the law cannot be directed as a matter of course, to be performed particularly when a direction to that effect would be invasive to the physical autonomy of a person – Important question is not only whether it would amount to testimonial compulsion – Also encompasses right to privacy – Test could be prejudicial to the privacy rights of persons subjected to it – May also be prejudicial to future of children subjected to the test. (Para 9) Inayath Ali & Anr. v. State of Telengana, 2022 LiveLaw (SC) 869

Electricity Act, 2003; Section 125 - The existence of a 'substantial question of law' arising from the judgment of the APTEL is sine qua non for exercise of jurisdiction by this Court under Section 125 of the 2003 Act. (Para 27) BSES Rajdhani Power Ltd. v. Delhi Electricity Regulatory Commission, 2022 LiveLaw (SC) 857

Electricity Act, 2003; Section 64 - It is not permissible to amend the tariff order made under Section 64 during the 'truing up' exercise - 'Truing up' exercise cannot be done to retrospectively change the methodology/principles of tariff determination and re­opening the original tariff determination order thereby setting the tariff determination process to a naught at 'trueup' stage - A tariff order is quasi - ­judicial in nature which becomes final and binding on the parties unless it is amended or revoked under Section 64(6) or set aside by the Appellate Authority - At at the stage of 'truing up', the DERC cannot change the rules/methodology used in the initial tariff determination by changing the basic principles, premises and issues involved in the initial projection of ARR. (Para 51-54) BSES Rajdhani Power Ltd. v. Delhi Electricity Regulatory Commission, 2022 LiveLaw (SC) 857

Environment - The conservation of forest plays a vital role in maintaining the ecology. It acts as processors of the water cycle and soil and also as providers of livelihoods. As such, preservation and sustainable management of forests deserve to be given due importance in formulation of policies by the State. (Para 101) State of Uttar Pradesh v. Uday Education and Welfare Trust, 2022 LiveLaw (SC) 868

Evidence Act 1872; Section 112 - DNA test - SC sets aside direction for DNA test of children - notes that children were not parties to the proceedings - the test will have the potential of exposing them to inheritance related complication. Section 112 of the Evidence Act, gives a protective cover to children from allegations of this nature. (Para 7) Inayath Ali & Anr. v. State of Telengana, 2022 LiveLaw (SC) 869

Gift Tax Act, 1958 - Valuation of shares for the purpose of gift tax must take into consideration the limitations and restrictions. Deputy Commissioner of Gift Tax v. BPL Ltd., 2022 LiveLaw (SC) 848

Income Tax Act 1961 - Tax exemption for charitable purposes - Section 2(15) - An assessee advancing general public utility cannot engage itself in any trade, commerce or business, or provide service in relation thereto for any consideration-However, in the course of achieving the object of general public utility, the concerned trust, society, or other such organization, can carry on trade, commerce or business or provide services in relation thereto for consideration, provided that the activities of trade, commerce or business are connected to the achievement of its objects of GPU; and the receipts do not exceed the quantified limit. (Para 253) Assistant Commissioner of Income Tax v. Ahmedabad Urban Development Authority, 2022 LiveLaw (SC) 865

Income Tax Act 1961 - Tax exemption for charitable purposes -Section 2(15)-for achieving a general public utility object, if the charity involves itself in activities, that entail charging amounts only at cost or marginal mark up over cost, and also derive some profit, the prohibition against carrying on business or service relating to business is not attracted - if the quantum of such profits do not exceed 20% of its overall receipts. (Para 172) Assistant Commissioner of Income Tax v. Ahmedabad Urban Development Authority, 2022 LiveLaw (SC) 865

Income Tax Act 1961; Section 2(15) - Amounts charged by statutory authorities, corporations, statutory regulatory authorities for their public activities can't be treated as commercial receipts-However, if the amounts collected are significantly higher than the costs incurred, it can be treated as commercial income. (Para 253) Assistant Commissioner of Income Tax v. Ahmedabad Urban Development Authority, 2022 LiveLaw (SC) 865

Income Tax Act 1961; Section 2(15) - Tax exemption for professional bodies like ICAI- bodies which regulate professions and are created by or understatutes which are enjoined to prescribe compulsory courses to be undergone before the individuals concerned is entitled to claim entry into the profession or vocation, and also continuously monitor the conduct of its members do not ipsofacto carry on activities in the nature of trade, commerce or business, or services in relation thereto-However, this is subject to the caveat that if the assessing authorities discern that certain kinds of activities carried out by such regulatory body involved charging of fees that are significantly higher than the cost incurred (with a nominal mark-up) or providing other facilities or services such as admission forms, coaching classes, registration processing fees, etc., at markedly higher prices, those would constitute commercial or business receipts. (Para 196, 253) Assistant Commissioner of Income Tax v. Ahmedabad Urban Development Authority, 2022 LiveLaw (SC) 865

Income Tax Act, 1961; Section 10(23C) - The requirement of the charitable institution, society or trust etc., to 'solely' engage itself in education or educational activities, and not engage in any activity of profit, means that such institutions cannot have objects which are unrelated to education - All objects of the society, trust etc., must relate to imparting education or be in relation to educational activities - Where the objective of the institution appears to be profit-oriented, such institutions would not be entitled to approval under Section 10(23C) of the IT Act. At the same time, where surplus accrues in a given year or set of years per se, it is not a bar, provided such surplus is generated in the course of providing education or educational activities. (Para 60, 76-a,b) New Noble Educational Society v. Chief Commissioner of Income Tax 1,2022 LiveLaw (SC) 859

Income Tax Act, 1961; Section 10(23C) - Wherever registration of trust or charities is obligatory under state or local laws, the concerned trust, society, other institution etc. seeking approval under Section 10(23C) should also comply with provisions of such state laws. This would enable the Commissioner or concerned authority to ascertain the genuineness of the trust, society etc.). (Para 73,76-g) New Noble Educational Society v. Chief Commissioner of Income Tax 1,2022 LiveLaw (SC) 859

Interpretation of Statutes - Heydon's/Mischief Rule. (Para 53) State of Himachal Pradesh v. Nirmal Kaur @ Nimmo, 2022 LiveLaw (SC) 866

Interpretation of Statutes - If the language is unambiguous and capable of one meaning, that alone should be applied and not any other, based under surmise that the Parliament or the legislature intended it to be so. In other words, it is only in cases of ambiguity that the court can use other aids to discern the true meaning. Where the statute is clear and the words plain, the legislation has to be given effect in its own terms - It is only when the application of literal interpretation gives rise to an absurdity, should the interpretation be expansive. (Para 52-54) New Noble Educational Society v. Chief Commissioner of Income Tax 1,2022 LiveLaw (SC) 859

Interpretation of Statutes - Purposive Interpretation - While interpreting the provisions of the statute, the court has to prefer an interpretation which advances the purpose of the statute - Even in relation to a penal statute, any narrow and pedantic, literal and lexical construction may not always be given direct effect and the interpretation has to be preferred with regard to the subject matter of the offence and the object of law it seeks to achieve. (Para 66-80) State of Himachal Pradesh v. Nirmal Kaur @ Nimmo, 2022 LiveLaw (SC) 866

Interpretation of Statutes - The object of a proviso is to except from the main provision something enacted in the substantive clause. It cannot however, by itself be read as a substantive provision - The scope of a proviso. (Para 55-58) New Noble Educational Society v. Chief Commissioner of Income Tax 1,2022 LiveLaw (SC) 859

Motor Accident Compensation Claims - Fixing of notional income - In the absence of a salary certificate, the minimum wages notification along with some amount of guesswork that is not completely detached from reality shall act as a yardstick to determine the income of the deceased - Referred to Chandra Alias Chanda Chandraram and Anr. v. Mukesh Kumar Yadav and Ors; (2022) 1 SCC 198 - High Court fixed the notional income of the Deceased driver as 10,000/- As per notification issued under Kerala Fair Wages Act, a 'driver' in Kerala earned a minimum of Rs. 15,600/- in 2015 - Thus Supreme Court fixed income of the Deceased notionally at Rs. 15,600/- per month. (Para 19-22) Manusha Sreekumar v. United India Insurance Co. Ltd; 2022 LiveLaw (SC) 858

Motor Accident Compensation Claims - Objective formula for calculating just compensation - Three factors that need to be established are: (a) age of the deceased; (b) income of the deceased; and (c) the number of dependents - The issues that are to be determined by the Tribunal to arrive at the loss of dependency are: (i) additions/deductions to be made for arriving at the income; (ii) the deduction to be made towards the personal living expenses of the deceased; and (iii) the multiplier to be applied with reference to the age of the deceased. (Para 17-18) Manusha Sreekumar v. United India Insurance Co. Ltd; 2022 LiveLaw (SC) 858

Motor Vehicles Act, 1988; Section 168 - Motor Accident Compensation Claims - While determining compensation under the Act, section 168 of the Act makes it imperative to grant compensation that appears to be just. The Act being a social welfare legislation operates through economic conception in the form of compensation, which renders way to corrective justice. Compensation acts as a fulcrum to bring equality between the wrongdoer and the victim, whenever the equality gets disturbed by the wrongdoer's harm to the victim. It also endeavors to make good the human suffering to the extent possible and to also save families which have lost their breadwinners from being pushed to vagrancy. Adequate compensation is considered to be fair and equitable compensation. Courts shoulder the responsibility of deciding adequate compensation on a case­to­case basis. However, it is imperative for the courts to grant such compensation which has nexus to the actual loss. (Para 16) Manusha Sreekumar v. United India Insurance Co. Ltd; 2022 LiveLaw (SC) 858

Narcotic Drugs and Psychotropic Substances Act, 1985; Section 15 - Once a Chemical Examiner establishes that the seized 'poppy straw' indicates a positive test for the contents of 'morphine' and 'meconic acid', it is sufficient to establish that it is covered by subclause (a) of Clause (xvii) of Section 2 of the 1985 Act and no further test would be necessary for establishing that the seized material is a part of 'papaver somniferum L'. In other words, once it is established that the seized 'poppy straw' tests positive for the contents of 'morphine' and 'meconic acid', no other test would be necessary for bringing home the guilt of the accused under the provisions of Section 15 of the 1985 Act. (Para 91) State of Himachal Pradesh v. Nirmal Kaur @ Nimmo, 2022 LiveLaw (SC) 866

Narcotic Drugs and Psychotropic Substances Act, 1985; Section 15 - For bringing home the guilt of the accused, it will be necessary to establish that the seized material collected is any part of 'opium poppy' except the seeds. (Para 29) State of Himachal Pradesh v. Nirmal Kaur @ Nimmo, 2022 LiveLaw (SC) 866

National Green Tribunal Act, 2010 - Appeal against NGT order that directed the State of Uttar Pradesh to not proceed with the proposal for establishment of new wood-based industries till an assessment of the actual availability of timber was done - Allowed - The Courts should not enter into an area that is the domain of the experts. FSI, an expert body, had arrived at its estimation based on the scientific method - NGT could not have sat in appeal over the opinion of the expert - While protecting the environment, the need for sustainable development has also to be taken into consideration and a proper balance between the two has to be struck - NGT has also failed to take into consideration the stand taken by the MOEFCC, which supported the stand of the State which had emphasized many advantages of granting new licenses to WBIs - While setting aside NGT orders, the following directions are issued (1) while granting permission for felling trees of the prohibited species, it should strictly ensure that the permission is granted only when the conditions specified in the Notification dated 7th January 2020 are satisfied. (2) The State Government shall also ensure that when such permissions are granted to the applicants, the applicants scrupulously follow the mandate in the said notification of planting 10 trees against 1 and maintaining them for five years. State of Uttar Pradesh v. Uday Education and Welfare Trust, 2022 LiveLaw (SC) 868

National Green Tribunal Act, 2010 - When the credentials and bonafides of a litigant approaching the NGT are seriously raised, the same cannot be ignored Before a litigant is permitted to knock the doors of justice and seek orders which have far reaching effects of affecting the employment of thousands of persons, stopping investment in the State, prejudicing the interests of the farmers; the credentials and bonafides of the applicants must be tested. (Para 98-99) State of Uttar Pradesh v. Uday Education and Welfare Trust, 2022 LiveLaw (SC) 868

NEET - Post Graduate Medical Courses - Admission - The schedule for admission to the post­graduate medical courses must be followed strictly leaving no discretion to any authority to permit admissions over the cut­off date under schedule for admission to post­graduate medical courses. (Para 20) Board of Governors of Medical Council of India v. Dr. Priyambada Sharma, 2022 LiveLaw (SC) 855

Penal Code, 1860; Section 149 - Object of Section 149 is to make specific that person whose case comes within its gamut cannot be permitted to put forth a defence that he did not, with his own hand, commit the offence committed in prosecution of the common object of the unlawful assembly. (Para 17) Gurmail Singh v. State of Uttar Pradesh, 2022 LiveLaw (SC) 854

Penal Code, 1860; Section 300 - In order to make culpable homicide as murder the act by which death is caused should fall not only under any one or more of clauses firstly to fourthly under Section 300, IPC but they should also not fall under any of the five exceptions to Section 300, IPC. (Para 21) Gurmail Singh v. State of Uttar Pradesh, 2022 LiveLaw (SC) 854

Penal Code, 1860; Section 300, 302 - Appeal against Madras HC Judgment acquitting murder accused - Allowed - Recovery of the weapon used in the commission of the offence is not a sine qua non to convict the accused. If there is a direct evidence in the form of eye witness, even in the absence of recovery of weapon, the accused can be convicted. Similarly, even in the case of some contradictions with respect to timing of lodging the FIR/complaint cannot be a ground to acquit the accused when the prosecution case is based upon the deposition of eye witness - There can be a conviction on the basis of the deposition of the sole eye witness, if the said witness is found to be trustworthy and/or reliable. State v. Laly @ Manikandan, 2022 LiveLaw (SC) 851

Penal Code, 1860; Section 302,149 - Conviction of one surviving accused (nine others died during pendency of appeal before HC and SC) under Section 302/149 upheld - The effect and impact of reduction of the number of convicts pending an appeal owing to the death of co-convicts is bound to be different from the effect and impact of reduction of the number of accused/convicts on account of acquittal - The meaning of abatement can only be taken in criminal proceedings as `discontinuation of such proceedings owing to the death of the accused/convict pending such proceedings' - The abatement is certainly different from acquittal. (Para 12-16) Gurmail Singh v. State of Uttar Pradesh, 2022 LiveLaw (SC) 854

Penal Code, 1860; Section 499 - Defamation - The claim made by a person involved in politics that the answers provided by his rival in public office to the questions posed by him, will expose his scam, cannot be per se stated to be intended to harm the reputation of the person holding office. The statements such as "I will expose you", "I will expose your corrupt practices" and "I will expose the scam in which you are involved, etc." are not by themselves defamatory unless there is something more - Even if a person belonging to a political party had challenged a person holding public office by stating "I will expose your scam", the same may not amount to defamation. Defamatory statement should be specific and not very vague and general. The essential ingredient of Section 499 is that the imputation made by the accused should have the potential to harm the reputation of the person against whom the imputation is made. (Para 60-64) Manoj Kumar Tiwari v. Manish Sisodia, 2022 LiveLaw (SC) 853

Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 - Supply of the illegible copy of documents which has been relied upon by the detaining authority indeed has deprived him in making an effective representation and denial thereof will hold the order of detention illegal and not in accordance with the procedure contemplated under law. (Para 21) State of Manipur v. Buyamayum Abdul Hanan @ Anand, 2022 LiveLaw (SC) 862

Prevention of Money Laundering Act 2002 - Money laundering is an independent offence. (Para 7) Dr. Manik Bhattacharya v. Ramesh Malik, 2022 LiveLaw (SC) 867

Prevention of Money Laundering Act 2002 - Protective order passed against one investigating agency cannot operate against another investigating agency even if there are factual similarities in allegations- Interim protection granted against coercive action by the CBI cannot operate against ED. Dr. Manik Bhattacharya v. Ramesh Malik, 2022 LiveLaw (SC) 867

Prevention of Money Laundering Act 2002 - While testing the legality of an arrest made by an agency otherwise empowered to take into custody a person against whom such agency considers subsistence of prima facie evidence of money laundering, we do not think a general protective order directed at another investigating agency could have insulated the petitioner from any coercive action in another proceeding stated by a different agency, even if there are factual similarities vis-à-vis the allegations. (Para 7) Dr. Manik Bhattacharya v. Ramesh Malik, 2022 LiveLaw (SC) 867

Promissory Estoppel - There can be no promissory estoppel against the legislature in the exercise of its legislative functions - Only exception with regard to applicability of the doctrine of estoppel is where it is necessary to prevent fraud or manifest injustice. (Para 54) Hero Motocorp Ltd. v. Union of India, 2022 LiveLaw (SC) 852

Protection of Children from Sexual Offences Act, 2012 - Appeal against Kerala HC order which granted conditional anticipatory bail to POCSO Accused who allegedly sexually assaulted his minor neice - Allowed - The fact that the victim – girl is traumatized to such a high degree that her academic pursuits have been adversely impacted alone, coupled with the legislative intent especially reflected through Section 29 of the POCSO Act, are sufficient to dissuade a Court from exercising its discretionary jurisdiction in granting pre­arrest bail. X v. Arun Kumar C.K., 2022 LiveLaw (SC) 870

Words and expressions - 'Solely' - The term 'solely' is not the same as 'predominant / mainly', it means 'to the exclusion of all others'. (Para 49) New Noble Educational Society v. Chief Commissioner of Income Tax 1,2022 LiveLaw (SC) 859

Words and Phrases - Appeal - An appeal is judicial examination of a decision of a subordinate court by a higher court to rectify any possible error(s) in the order under appeal. The law provides the remedy of an appeal in recognition of the fact that those manning the judicial tiers too may commit errors. (Para 28) BSES Rajdhani Power Ltd. v. Delhi Electricity Regulatory Commission, 2022 LiveLaw (SC) 857

Words and Phrases - Substantial Question of Law - The word 'substantial' as qualifying 'question of law' means, of having substance, essential, real, of sound worth, important or considerable. It is to be understood as something in contradistinction with technical, of no substance or consequence, or academic. (Para 30) BSES Rajdhani Power Ltd. v. Delhi Electricity Regulatory Commission, 2022 LiveLaw (SC) 857

NOMINAL INDEX

1. Assistant Commissioner of Income Tax v. Ahmedabad Urban Development Authority, 2022 LiveLaw (SC) 865
2. Bengal Secretariat Cooperative Land Mortgage Bank and Housing Society Ltd. v. Aloke Kumar, 2022 LiveLaw (SC) 849
3. Board of Governors of Medical Council of India v. Dr. Priyambada Sharma, 2022 LiveLaw (SC) 855
4. BSES Rajdhani Power Ltd. v. Delhi Electricity Regulatory Commission, 2022 LiveLaw (SC) 857
5. Delhi Jal Board v. Nirmala Devi, 2022 LiveLaw (SC) 863
6. Deputy Commissioner of Gift Tax v. BPL Ltd., 2022 LiveLaw (SC) 848
7. Dr. Manik Bhattacharya v. Ramesh Malik, 2022 LiveLaw (SC) 867
8. Gurmail Singh v. State of Uttar Pradesh, 2022 LiveLaw (SC) 854
9. Hero Motocorp Ltd. v. Union of India, 2022 LiveLaw (SC) 852
10. Inayath Ali & Anr. v. State of Telengana, 2022 LiveLaw (SC) 869
11. Jaycee Housing Pvt. Ltd. v. Registrar (General), Orissa High Court, 2022 LiveLaw (SC) 860
12. Manoj Kumar Tiwari v. Manish Sisodia, 2022 LiveLaw (SC) 853
13. Manusha Sreekumar v. United India Insurance Co. Ltd; 2022 LiveLaw (SC) 858
14. Md. Jabbar Ali v. State of Assam, 2022 LiveLaw (SC) 856
15. New Noble Educational Society v. Chief Commissioner of Income Tax 1, 2022 LiveLaw (SC) 859
16. Raj Shri Agarwal @ Ram Shri Agarwal v. Sudheer Mohan, 2022 LiveLaw (SC) 864
17. Reserve Bank of India v. Big Kancheepuram Cooperative Town Bank Ltd., 2022 LiveLaw (SC) 850
18. S. Ramachandra Rao v. S. Nagabhushana Rao, 2022 LiveLaw (SC) 861
19. State of Himachal Pradesh v. Nirmal Kaur @ Nimmo, 2022 LiveLaw (SC) 866
20. State of Manipur v. Buyamayum Abdul Hanan @ Anand, 2022 LiveLaw (SC) 862
21. State of Uttar Pradesh v. Uday Education and Welfare Trust, 2022 LiveLaw (SC) 868
22. State v. Laly @ Manikandan, 2022 LiveLaw (SC) 851
23. X v. Arun Kumar C.K., 2022 LiveLaw (SC) 870