SUBJECT WISE INDEX

Administrative Law

Administrative Law – Well established principle of - An adjudicatory body cannot base its decision on any material unless the person against whom it is sought to be utilised has been apprised of it and given an opportunity to respond to it. [Para 17] Deepal Ananda Patil v. State of Maharashtra, 2023 LiveLaw (SC) 30

Administrative Law - Principles of - MP Jain and SN Jain’s treatise - If without disclosing any evidence to the party, the authority takes it into its consideration, and decides the matter against the party, then the decision is vitiated for it amounts to denial of a real and effective opportunity to the party to meet the case against him - the principle can be seen operating in several judicial pronouncements where non-disclosure of materials to the affected party has been held fatal to the validity of the hearing proceedings. [Para 17] Deepal Ananda Patil v. State of Maharashtra, 2023 LiveLaw (SC) 30

Administrative Law - T. Takano v. Securities and Exchange Board of India - A quasi-judicial authority has a duty to disclose the material that has been relied upon at the stage of adjudication - the actual test is whether the material that is required to be disclosed is relevant for purpose of adjudication - if it is, then the principles of natural justice require its due disclosure. [Para 18] Deepal Ananda Patil v. State of Maharashtra, 2023 LiveLaw (SC) 30

Administrative Law - MD, ECIL, Hyderabad v. B. Karunakar - in order to set aside the order of punishment, the aggrieved person must be able prove that prejudice has been caused to him due to non-disclosure- to prove prejudice, he must prove that had the material been disclosed to him the outcome or the punishment would have been different. [Para 19] Deepal Ananda Patil v. State of Maharashtra, 2023 LiveLaw (SC) 30

Decision will be vitiated if materials are not disclosed to the affected party. Deepal Ananda Patil v. State of Maharashtra, 2023 LiveLaw (SC) 30

Arbitration

Starting point of limitation u/section 34(3) Arbitration Act in cases of suo motu correction of award: Supreme Court explains. USS Alliance v. State of Uttar Pradesh, 2023 LiveLaw (SC) 20

Civil Law

Decree of possession can't be passed in favour of plaintiff merely because defendants could not fully establish their title. Smriti Debbarma v. Prabha Ranjan Debbarma, 2023 LiveLaw (SC) 19

Criminal Law

Grant of Remission - Presiding Judge should give adequate reasons while giving opinion under Section 432(2) Cr.P.C. Jaswant Singh v. State of Chhattisgarh, 2023 LiveLaw (SC) 33

'Reasonable time should be given for investigation': SC sets aside madras HC order quashing FIR against youtuber Maridhas in 4 days. State represented by the Inspector of Police v. Maridass, 2023 LiveLaw (SC) 25

Supreme Court takes exception to Madras High Court quashing an FIR in four days without giving adequate time for investigation. State represented by the Inspector of Police v. Maridass, 2023 LiveLaw (SC) 25

Contract Law

Party estopped from questioning the amount levied as per contract after signing it. Chief Engineer, Water Resources Department v. Rattan India Power Ltd., 2023 LiveLaw (SC) 32

Dowry

Criminal proceedings for dowry demand cannot be quashed merely because divorce petition is pending. X v. State of Uttar Pradesh, 2023 LiveLaw (SC) 26

Environment

Make environmental impact assessment mandatory for urban development, recommends supreme court; cites condition of bengaluru as warning. Residents Welfare Association v. Union Territory of Chandigarh, 2023 LiveLaw (SC) 24

The Supreme Court prohibits conversion of residential units into floor-wise apartments in Chandigarh phase 1 to protect 'corbusier' heritage. Residents Welfare Association v. Union Territory of Chandigarh, 2023 LiveLaw (SC) 24

Chandigarh Master Plan - Supreme Court prohibits conversion of independent residential units as apartments in Chandigarh Phase 1 to preserve the heritage status of 'Corbusier' City-Any fragmentation, division, bifurcation, and apartmentalisation of a residential unit in Phase I of Chandigarh is prohibited. Residents Welfare Association v. Union Territory of Chandigarh, 2023 LiveLaw (SC) 24

Environmental Impact Assessment - Supreme Court recommends making environmental assessment mandatory for urban development- We therefore appeal to the Legislature, the Executive and the Policy Makers at the Centre as well as at the State levels to make necessary provisions for carrying out Environmental Impact Assessment studies before permitting urban development. Residents Welfare Association v. Union Territory of Chandigarh, 2023 LiveLaw (SC) 24

Health

Supreme Court asks Delhi govt. to consider registry's request for additional medical facilities in SC premises. Reepak Kansal v. Union of India, 2023 LiveLaw (SC) 23

Health facilities for Supreme Court lawyers - CGHS health facilities cannot be extended to lawyers - Court records satisfaction with health facilities in the Court campus - Asks the Health Secretary, Delhi Government to consider and decide the requisition moved by the Supreme Court Registry seeking additional health facilities in the Supreme Court premises such services of a number of specialists from different fields such as Cardiologists, Ortho, ENT etc. Reepak Kansal v. Union of India, 2023 LiveLaw (SC) 23

Insurance

The Supreme Court directs insurer to pay reinstatement value of goods damaged in fire instead of depreciated value. Oswal Plastic Industries v. Manager, Legal Dept., 2023 LiveLaw (SC) 34

Insurance Contract - Fire and Special Perils policy - Supreme Court directs insurer to pay reinstatement value of the goods damaged and not the depreciated value, because as per the policy, in case the insurance company is unable to reinstate or repair because of some municipal or other regulations, it shall be liable to pay such sum as would be requisite to reinstate or repair such property. Oswal Plastic Industries v. Manager, Legal Dept., 2023 LiveLaw (SC) 34

Interpretation of Statutes

Taxing Statutes - In case of an exemption notification/exemption provision, the same is required to be construed literally and the person claiming the exemption must satisfy all the conditions of exemption provision. (Para 8.2) AMD Industries Ltd; v. Commissioner of Trade Tax, 2022 LiveLaw (SC) 18

Judicial Service

Supreme Court criticises centre for sitting over collegium proposals for judges' transfer, says it gives impression of 'third party interferences'. Advocates Association Bengaluru v. Barun Mitra, 2023 LiveLaw (SC) 21

Transferred Judge does not go with the label 'Bar Judge' or 'Service Judge': Supreme Court makes important clarification on categorising vacancies. Advocates Association Bengaluru v. Barun Mitra, 2023 LiveLaw (SC) 21

Possession

Decree of possession cannot be passed in favour of the plaintiff on the ground that defendants have not been able to fully establish their right, title and interest in the property - A person in possession of land in the assumed character as the owner, and exercising peaceably the ordinary rights of ownership, has a legal right against the entire world except the rightful owner - The defendants, being in possession, would be entitled to protect and save their possession, unless the person who seeks to dispossess them has a better legal right in the form of ownership or entitlement to possession. Smriti Debbarma v. Prabha Ranjan Debbarma, 2022 LiveLaw (SC) 19

Power of Attorney

Is non-production of power of attorney fatal to title suit? Supreme Court split verdict. Manik Majumder v. Dipak Kumar Saha, 2023 LiveLaw (SC) 29

Specific Performance

Supreme Court bench delivers split verdict in civil appeal from specific performance suit. C. Haridasan v. Anappath Parakkattu Vasudeva Kurup, 2023 LiveLaw (SC) 31

Adverse inference cannot be drawn against a plaintiff merely because he did not produce his bank passbook. Basavaraj v. Padmavathi, 2023 LiveLaw (SC) 17

Tax

Exclusion of 'Old Indian Settlers' from definition of Sikkimese in Section 10(26AAA) Income Tax Act unconstitutional. Association of Old Settlers of Sikkim v. Union of India, 2023 LiveLaw (SC) 28

Levy of additional special road taxes not a penalty, but regulatory: Supreme Court upholds Section 3A(3) HPMVT Act. State of Himachal Pradesh v. Goel Bus Service Kullu, 2023 LiveLaw (SC) 27

Taxing Statutes - Validity is to be ascertained on the following three aspects: (1) Whether it is manifestly unjust or glaringly unconstitutional; (2) Whether it is regulatory or compensatory in nature; and (3) Whether there is any repugnancy with the provisions in the Central enactment - Any tax legislation may not be easily interfered with. The Courts must show judicial restraint to interfere with tax legislation unless it is shown and proved that such taxing statute is manifestly unjust or glaringly unconstitutional. Taxing statutes cannot be placed or tested or viewed on the same principles as laws affecting civil rights such as freedom of speech, religion, etc. The test of taxing statutes would be viewed on more stringent tests and the law makers should be given greater latitude. (Para 25, 41) State of Himachal Pradesh v. Goel Bus Service Kullu, 2023 LiveLaw (SC) 27

Goods manufactured on “diversification” must be “different”, “distinct” & “separate” in nature to claim exemption u/sec 4-A (5) UP Trade Tax Act. AMD Industries Ltd; v. Commissioner of Trade Tax, 2023 LiveLaw (SC) 18

Uniform Civil Code

States have power to constitute committees on Uniform Civil Code. Anoop Baranwal v. Union of India, 2023 LiveLaw (SC) 22

Woman

'Woman not a chattel, has identity of her own; marriage won't take away her identity': Supreme Court strikes down income tax provision. Association of Old Settlers of Sikkim v. Union of India, 2023 LiveLaw (SC) 28

ACT WISE INDEX

Arbitration and Conciliation Act, 1996; Section 33(3) and 34(3) - The starting point for the limitation in case of suo moto correction of the award, would be the date on which the correction was made and the corrected award is received by the party - Once the arbitral award has been amended or corrected, it is the corrected award which has to be challenged and not the original award. The original award stands modified, and the corrected award must be challenged by filing objections. USS Alliance v. State of Uttar Pradesh, 2023 LiveLaw (SC) 20

Arbitration and Conciliation Act, 1996; Section 34(3) - Purpose and Object - To enable the parties to study, examine and understand the award, thereupon, if the party chooses and is advised, draft and file objections within the time specified. USS Alliance v. State of Uttar Pradesh, 2023 LiveLaw (SC) 20

Arbitration and Conciliation Act, 1996; Section 34(3) Proviso - Court has the power to condone the delay for further period of thirty days - Application for condonation of delay can be filed at any time till the proceedings are pending. Of course, exercise of discretion and whether or not the delay should be condoned is a different matter. USS Alliance v. State of Uttar Pradesh, 2023 LiveLaw (SC) 20

Code of Criminal Procedure, 1973; Section 433 (2) - Grant of Remission - Presiding Judge should give adequate reasons while giving opinion under Section 432 (2) Cr.P.C. Jaswant Singh v. State of Chhattisgarh, 2023 LiveLaw (SC) 33

Code of Criminal Procedure, 1973; Section 482 - Appeal against High Court order that quashed criminal proceedings observing that that the complaint lodged against the husband demand of dowry is inherently improbable and that it falls in the category of a bogus prosecution - Allowed - Merely because the wife was suffering from the disease AIDS and/or divorce petition was pending, it cannot be said that the allegations of demand of dowry were highly/inherently improbable - Once the charge sheet was filed after the investigation having been found prima facie case, it cannot be said that the prosecution was bogus. X v. State of Uttar Pradesh, 2023 LiveLaw (SC) 26

Code of Criminal Procedure, 1973; Section 482 - As per the settled position of law, it is the right conferred upon the Investigating Agency to conduct the investigation and reasonable time should be given to the Investigating Agency to conduct the investigation unless it is found that the allegations in the FIR do not disclose any cognizable offence at all or the complaint is barred by any law. State represented by the Inspector of Police v. Maridass, 2023 LiveLaw (SC) 25

Constitution of India, 1950; Article 14 - Article 14 forbids class legislation but permits reasonable classification for the purpose of legislation, which classification must satisfy the twin tests of classification being founded on an intelligible differentia which distinguishes persons or things that are grouped together from those that are left out of the group and that differentia must have a rational nexus to the object sought to be achieved by the statute in question. (Para 13.2) Association of Old Settlers of Sikkim v. Union of India, 2023 LiveLaw (SC) 28

Constitution of India, 1950; Article 14, 15 - The female heirs, subject to the statutory rule operating in that field, are required to be treated equally to the male heirs. Gender equality is recognised by the world community in general in the human rights regime - Exclusion of women from inheritance on the ground of gender was a clear violation of the constitutional prohibition against unfair discrimination. (Para 15) Association of Old Settlers of Sikkim v. Union of India, 2023 LiveLaw (SC) 28

Constitution of India, 1950; Article 14, 15, 21 - Income Tax Act, 1961; Section 10(26AAA) - The exclusion of Old Indian settlers, who have permanently settled in Sikkim prior to merger of Sikkim with India on 26.04.1975 from the definition of “Sikkimese” in Section 10(26AAA) is hereby held to be ultra vires to Article 14 of the Constitution of India and is hereby struck down. (Para 13- 17) Association of Old Settlers of Sikkim v. Union of India, 2023 LiveLaw (SC) 28

Constitution of India, 1950; Article 14, 15, 21 - Income Tax Act, 1961; Section 10(26AAA) Proviso - Proviso to Section 10(26AAA) inasmuch as it excludes from the provision of exemption a Sikkimese woman merely because she marries a non-Sikkimese after 01.04.2008 is totally discriminatory and violative of Articles 14, 15 and 21 of the Constitution of India - A woman is not a chattel and has an identity of her own, and the mere factum of being married ought not to take away that identity. (Para 15-17.1) Association of Old Settlers of Sikkim v. Union of India, 2023 LiveLaw (SC) 28

Constitution of India, 1950; Article 162, 44 and Entry 5 of the Concurrent List of the Seventh Schedule - Writ Petition Challenging constitution of the Committee on the Uniform Civil Code set up by the State of Uttarakhand - Dismissed - Article 162 of the Constitution indicates that the executive power of a State extends to matters with respect to which the Legislature of the State has power to make laws -In view of the provisions of Entry 5 of the Concurrent List of the Seventh Schedule, the constitution of a Committee per se cannot be challenged as ultra vires. Anoop Baranwal v. Union of India, 2023 LiveLaw (SC) 22

Constitution of India, 1950; Article 222 - Supreme Court critices the Centre for delay in notifying transfer of High Court judges as per collegium recommendations- Delay in the same not only affects the administration of justice but creates an impression as if there are third party sources interfering on behalf of these Judges with the Government. Advocates Association Bengaluru v. Barun Mitra, 2023 LiveLaw (SC) 21

Constitution of India, 1950; Article 222 - Transferred judges do not carry label of 'bar judge' or 'service judge' - If a Judge is transferred from a Court, it is not as if a replacement can be provided from the Bar or the Service Judges of that Court as the total strength of the Court is specified. When the Judge is transferred to another Court, he is a transferred Judge neither categorized from the Bar nor from the Service. In the Court where he is transferred, he occupies a physical position in the strength of that Court and unless correspondingly Judges are transferred from that Court, there will be lesser person appointed in that Court from the Bar/Services as the total strength of the Court to which transfer is made cannot be exceeded. The transferred Judge does not carry the label of a Bar or a Service Judge and it is up to the Chief Justice where to he is transferred to reduce the inflow in the Court of transfer, i.e., from the Bar or Service. Similarly, if from the Court where to Judges are transferred, in turn Judges from either category are transferred to other Courts they in turn will carry the label of a transferred Judge and not from the Bar or the Service. This aspect has been clarified as there 5 appears to be some doubts expressed about how the system of transfer will operate. Advocates Association Bengaluru v. Barun Mitra, 2023 LiveLaw (SC) 21

Constitution of India, 1950; Entry 35 of List III of Seventh Schedule - The power on the Parliament as also the State Legislatures to make laws relating to mechanically propelled vehicles of all kinds and also to lay down the principles on which taxes on such vehicles are to be levied -The central enactment i.e. the law made by the Parliament has not laid down any principles for levy of taxes. The State Legislatures has the power to levy taxes not only under Entries 56 and 57 of List II but also to lay down the principles under Entry 35 of List III. (Para 46) State of Himachal Pradesh v. Goel Bus Service Kullu, 2023 LiveLaw (SC) 27

Contract Act, 1872 - Principle of Estoppel - Signing the agreement and issuing an undertaking would estop Respondent No.1 from challenging the levy of Rs.1,00,000 as irrigation restoration charges- Court refuses to challenge the levy of 'irrigation restoration charges' by the Water Department from a company for supplying water for industrial purposes as per agreement. Chief Engineer, Water Resources Department v. Rattan India Power Ltd., 2023 LiveLaw (SC) 32

Evidence Act, 1872; Section 101-102 - Declaration of Title - Onus of proof, no doubt shifts and the shifting is a continuous process in the evaluation of evidence, but this happens when in a suit for title and possession, the plaintiff has been able to create a high degree of probability to shift the onus on the defendant. In the absence of such evidence, the burden of proof lies on the plaintiff and can be discharged only when he is able to prove title. The weakness of the defence cannot be a justification to decree the suit. Smriti Debbarma v. Prabha Ranjan Debbarma, 2022 LiveLaw (SC) 19

Income Tax Act, 1961; Section 10(26AAA) - Sikkim Subject Rules, 1961 - Sikkim Subjects Regulations, 1961 - All Indians/old Indian settlers, who have permanently settled in Sikkim prior to the merger of Sikkim with India on 26.04.1975, irrespective of whether his/her name is recorded in the register maintained under the Sikkim Subjects Regulations, 1961 read with Sikkim Subject Rules, 1961 or not, are entitled to the exemption under Section 10(26AAA) of the Income Tax Act. (Para 17) Association of Old Settlers of Sikkim v. Union of India, 2023 LiveLaw (SC) 28

Motor Vehicles Taxation Act, 1972 (Himachal Pradesh); Section 3A (3) - Levy of Additional Special Road Tax - Constitutional Validity upheld - The tax imposed under Section 3A(3) is regulatory in character and is not a penalty - No repugnancy or conflict of the State enactment with the central enactment - Provision is regulatory in nature and therefore within the competence of the Legislature of State of Himachal Pradesh - Object of the additional special road tax to make it work as a deterrent from the transport operators in plying vehicles without permit and in contravention of the terms of the permit. (Para 42-48)

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

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

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

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

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

Trade Tax Act (UP); Section 4A - In a case of “diversification”, the effect has to be that the quality and quantity of the product should have been improved and/or increased but if the ultimate use is the same, the product manufactured on use of modern and/or advanced technology cannot be said to be manufacturing the different goods for claiming the exemption from payment of trade tax - “Diversification” can be considered only in a case where “goods of different nature” are produced, and only then the exemption shall be available. The goods manufactured on “diversification” must be a “different”, “distinct” and a “separate” good in nature. (Para 8-9) AMD Industries Ltd; v. Commissioner of Trade Tax, 2022 LiveLaw (SC) 18

NOMINAL INDEX

1. Advocates Association Bengaluru v. Barun Mitra, 2023 LiveLaw (SC) 21
2. AMD Industries Ltd; v. Commissioner of Trade Tax, 2023 LiveLaw (SC) 18
3. Anoop Baranwal v. Union of India, 2023 LiveLaw (SC) 22
4. Association of Old Settlers of Sikkim v. Union of India, 2023 LiveLaw (SC) 28
5. Basavaraj v. Padmavathi, 2023 LiveLaw (SC) 17
6. C. Haridasan v. Anappath Parakkattu Vasudeva Kurup, 2023 LiveLaw (SC) 31
7. Chief Engineer, Water Resources Department v. Rattan India Power Ltd., 2023 LiveLaw (SC) 32
8. Deepal Ananda Patil v. State of Maharashtra, 4 Jan 2023 2023 LiveLaw (SC) 30
9. Jaswant Singh v. State of Chhattisgarh, 2023 LiveLaw (SC) 33
10. Manik Majumder v. Dipak Kumar Saha, 2023 LiveLaw (SC) 29
11. Oswal Plastic Industries v. Manager, Legal Dept., 2023 LiveLaw (SC) 34
12. Reepak Kansal v. Union of India, 2023 LiveLaw (SC) 23
13. Residents Welfare Association v. Union Territory of Chandigarh, 2023 LiveLaw (SC) 24
14. Smriti Debbarma v. Prabha Ranjan Debbarma, 2023 LiveLaw (SC) 19
15. State of Himachal Pradesh v. Goel Bus Service Kullu, 2023 LiveLaw (SC) 27
16. State represented by the Inspector of Police v. Maridass, 2023 LiveLaw (SC) 25
17. USS Alliance v. State of Uttar Pradesh, 2023 LiveLaw (SC) 20
18. X v. State of Uttar Pradesh, 2023 LiveLaw (SC) 26