The Complete Supreme Court Annual Digest- 2023 [Part-XVI]

Prevention of Dangerous Activities

Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act 1986; Section 3(2) - Drastic provisions of the Act are not to be invoked at the drop of a hat. (Para 41) Ameena Begum v. State of Telangana, 2023 LiveLaw (SC) 743

Preventive Detention

Preventive detention laws are exceptional measures, not to be invoked when ordinary criminal law provides remedies. Ameena Begum v. State of Telangana, 2023 LiveLaw (SC) 743 : AIR 2023 SC 4273 : (2023) 9 SCC 587

10 factors to be considered by courts to decide legality of preventive detention : Supreme Court explains. Ameena Begum v. State of Telangana, 2023 LiveLaw (SC) 743

'Preventive detention law can't be invoked at the 'drop of a hat'; some police officers curbing liberty' : Supreme Court slams Telangana Police. Ameena Begum v. State of Telangana, 2023 LiveLaw (SC) 743

The 3 months limit under Article 22(4)(a) applies only at the initial stage till the advisory board's report. Pesala Nookaraju v. Government of Andhra Pradesh, 2023 LiveLaw (SC) 678

'All preventive detention laws are necessarily harsh': Supreme Court emphasises strict adherence to procedure in preventive detention cases. Prakash Chandra Yadav v. State of Jharkhand, 2023 LiveLaw (SC) 529

Preventive detention law, a colonial legacy, confers arbitrary power; every procedural lapse must benefit detenue's case. Pramod Singla v. Union of India, 2023 LiveLaw (SC) 293 : (2023) 2 SCR 793

Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Maharashtra)

Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Maharashtra); Section 9 (1) - The Supreme Court set aside the order of the High Court who had ruled on the validity of the sale deed executed between the co-defendants with respect to the suit property, by holding the same as void in view of Section 9 (1) of the Fragmentation Act. Consequently, the sale deed executed by the defendants in favour of the plaintiff was also held as void. Damodhar Narayan Sawale v. Shri Tejrao Bajirao Mhaske, 2023 LiveLaw (SC) 404

Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Maharashtra); Section 36A - While entertaining the contentions raised in respect of the Fragmentation Act, the Trial Court and the High Court did not take into consideration the statutory bar of jurisdiction contained under Section 36A of the Fragmentation Act, which barred the jurisdiction of the Civil Court under the Act. Further, it reckoned that since the written statement of the defendant only contained a vague averment referring to the Fragmentation Act, the same could not be construed as a counter-claim capable of being treated as a plaint. Consequently, it did not enable the court to pronounce a final judgment in the same suit, on the said issue. Damodhar Narayan Sawale v. Shri Tejrao Bajirao Mhaske, 2023 LiveLaw (SC) 404

Prevention of Money Laundering Act, 2002

Prevention of Money Laundering Act, 2002 - An offence punishable under section 120-B will become a scheduled offence only if the conspiracy alleged is of committing an offence specifically included in the schedule. (Para 27 (e)) Pavana Dibbur v. Directorate of Enforcement, 2023 LiveLaw (SC) 1021 : AIR 2024 SC 117

Prevention of Money Laundering Act, 2002; Section 3 - It is not necessary that a person against whom the offence under Section 3 of the PMLA is alleged must have been shown as the accused in the scheduled offence. (Para 15 & 27 (a) Pavana Dibbur v. Directorate of Enforcement, 2023 LiveLaw (SC) 1021 : AIR 2024 SC 117

Prevention of Money Laundering Act, 2002 - Even if an accused shown in the complaint under the PMLA is not an accused in the scheduled offence, he will benefit from the acquittal of all the accused in the scheduled offence or discharge of all the accused in the scheduled offence. Similarly, he will get the benefit of the order of quashing the proceedings of the scheduled offence. (Paras 16 and 27(b)) Pavana Dibbur v. Directorate of Enforcement, 2023 LiveLaw (SC) 1021 : AIR 2024 SC 117

Prevention of Money Laundering Act, 2002; Sections 3, 45 & 71 - The Court or the Authority is entitled to presume unless the contrary is proved, that in any proceedings relating to proceeds of crime under the Act, in the case of a person charged with the offence of money laundering under Section 3, such proceeds of crime are involved in money laundering. Such conditions enumerated in Section 45 of PML Act will have to be complied with even in respect of an application for bail made under Section 439 Cr.P.C. in view of the overriding effect given to the PML Act over the other law for the time being in force, under Section 71 of the PML Act. (Para 17) Tarun Kumar v. Assistant Director Directorate of Enforcement, 2023 LiveLaw (SC) 995 : AIR 2024 SC 169

Prevention of Money Laundering Act, 2002 - Directorate of Enforcement (ED) - Being a premier investigating agency, charged with the onerous responsibility of curbing the debilitating economic offence of money laundering in our country, every action of the ED in the course of such exercise is expected to be transparent, above board and conforming to pristine standards of fair play in action. The ED, mantled with far-reaching powers under the stringent Act of 2002, is not expected to be vindictive in its conduct and must be seen to be acting with utmost probity and with the highest degree of dispassion and fairness. (Para 20) Pankaj Bansal v. Union of India, 2023 LiveLaw (SC) 844

Prevention of Money Laundering Act, 2002; Section 19 - In any event, it is not open to the ED to expect an admission of guilt from the person summoned for interrogation and assert that anything short of such admission would be an 'evasive reply'. (Para 25) Pankaj Bansal v. Union of India, 2023 LiveLaw (SC) 844

Prevention of Money Laundering Act, 2003; Section 19 – Enforcement Directorate need not give reasons in writing to the accused at the time of arrest. Grounds of arrest need to be supplied to the accused in writing only within 24 hours. The 'Pankaj Bansal judgment' does not apply retrospectively. Ram Kishor Arora v. Directorate of Enforcement, 2023 LiveLaw (SC) 1059 : AIR 2024 SC 220

Prevention of Money Laundering Act, 2003; Section 19 - the expression “as soon as may be” contained in Section 19 of PMLA is required to be construed as- “as early as possible without avoidable delay” or “within reasonably convenient” or “reasonably requisite” period of time. Since by way of safeguard a duty is cast upon the concerned officer to forward a copy of the order along with the material in his possession to the Adjudicating Authority immediately after the arrest of the person, and to take the person arrested to the concerned court within 24 hours of the arrest, held, the reasonably convenient or reasonably requisite time to inform the arrestee about the grounds of his arrest would be twenty-four hours of the arrest. (Para 21) Ram Kishor Arora v. Directorate of Enforcement, 2023 LiveLaw (SC) 1059 : AIR 2024 SC 220

Prevention of Money Laundering Act, 2003 - It is only in the event the person named in the criminal activity relating to a scheduled offence is finally absolved by a Court of competent jurisdiction owing to an order of discharge, acquittal or because of quashing of the criminal case 24(scheduled offence) against him/ her, there can be no action for money laundering against such a person or person claiming through him in relation to the property linked to the stated scheduled offence. In the instant case, there is neither discharge nor acquittal nor quashing of the criminal case by the court of competent jurisdiction against the accused in the predicate/ scheduled offence. (Para 29) Saumya Chaurasia v. Directorate of Enforcement, 2023 LiveLaw (SC) 1057 : AIR 2024 SC 387

Prevention of Money Laundering Act, 2003 - When the FIR is registered under particular offences which include the offences mentioned in the Schedule to the PMLA, it is the court of competent jurisdiction, which would decide whether the Charge is required to be framed against the accused for the scheduled offence or not. (Para 28) Saumya Chaurasia v. Directorate of Enforcement, 2023 LiveLaw (SC) 1057 : AIR 2024 SC 387

Prevention of Money Laundering Act, 2003; Section 45 - Courts not obliged to grant bail just because accused is a woman. First proviso to Section 45 not mandatory. (Para 25) Saumya Chaurasia v. Directorate of Enforcement, 2023 LiveLaw (SC) 1057 : AIR 2024 SC 387

Prevention of Money Laundering Act, 2003; Section 45 - No doubt the courts need to be more sensitive and sympathetic towards the category of persons included in the first proviso to Section 45 and similar provisions in the other Acts, as the persons of tender age and women who are likely to be more vulnerable, may sometimes be misused by the unscrupulous elements and made scapegoats for committing such Crimes, nonetheless, the courts also should not be oblivious to the fact that nowadays the educated and well placed women in the society engage themselves in the commercial ventures and enterprises, and advertently or inadvertently engage themselves in the illegal activities. In essence, the courts should exercise the discretion judiciously using their prudence, while granting the benefit of the first proviso to Section 45 PMLA to the category of persons mentioned therein. The extent of involvement of the persons falling in such category in the alleged offences, the nature of evidence collected by the investigating agency etc., would be material considerations. (Para 24) Saumya Chaurasia v. Directorate of Enforcement, 2023 LiveLaw (SC) 1057 : AIR 2024 SC 387

Prevention of Money Laundering Act, 2002; Section 19 and 50 - Mere non-cooperation of a witness in response to the summons would not be enough to render him/her liable to be arrested. (Para 25) Pankaj Bansal v. Union of India, 2023 LiveLaw (SC) 844

Prevention of Money Laundering Act, 2002; Section 19 - Any non-compliance of the mandate of Section 19 of the PMLA, 2002 would enure to the benefit of the person arrested. For such noncompliance, the Competent Court shall have the power to initiate action under Section 62 of the PMLA, 2002. (Para 39) V. Senthil Balaji v. State, 2023 LiveLaw (SC) 611

Prevention of Money Laundering Act, 2002; Section 19 (3) - When an arrestee is forwarded to the jurisdictional Magistrate under Section 19(3) of the PMLA, 2002 no writ of Habeus Corpus would lie. Any plea of illegal arrest is to be made before such Magistrate since custody becomes judicial. (Para 82) V. Senthil Balaji v. State, 2023 LiveLaw (SC) 611

Prevention of Money Laundering Act, 2002; Section 45 - The respondent has undergone over 620 days of custody. Since in the exercise of its discretion, the High Court has come to the conclusion that the respondent should be released on bail, we are not interfering with the order under Article 136 of the Constitution. (Para 3) Directorate of Enforcements v. Preeti Chandra, 2023 LiveLaw (SC) 603

Prevention of Money Laundering Act (Act 15 of 2003) – Section 3 – Registration of ECIR – Effect of delay – Information about all complaints, the nature of the complaints, and the amount of money allegedly collected towards illegal gratification had all come into the public domain – Once a piece of information relating to the acquisition of a huge amount of illegal gratification in the matter of public employment has come into the public domain, it is the duty of the ED to register an Information Report – Held, registration of ECIR does not amount to fishing expedition – Further held, argument that there is no explanation for the delay in registering the ECIR self-serving – Writ petition challenging ED investigation dismissed. Y. Balaji v. Karthik Desari, 2023 LiveLaw (SC) 440 : AIR 2023 SC 3171 : (2023) 8 SCR 1026

Prevention of Money Laundering Act, 2002 - Mere fact that chargesheet has been filed for the predicate offences is not a ground to release the accused on bail in connection with the offences under the PML Act. Directorate of Enforcement v. Aditya Tripathi, 2023 LiveLaw (SC) 433 : AIR 2023 SC 2324

Prevention of Money Laundering Act, 2003 – Sections 3 and 2(1)(u) – Offence of Money Laundering – Definition of proceeds of crime – In offences of corruption, criminal activity and generation of proceeds of crime go hand-in-hand – Wherever there are allegations of corruption, the acquisition of proceeds of crime itself tantamount to money laundering – Even if an intangible property is derived as a result of criminal activity relating to a scheduled offence, it becomes proceeds of crime under Section 2(1)(u) – Held, arguments that there are no foundational facts or jurisdictional facts unsustainable and as such, proceedings before Enforcement Directorate not illegal – Writ petition challenging ED investigation dismissed. Y. Balaji v. Karthik Desari, 2023 LiveLaw (SC) 440 : AIR 2023 SC 3171 : (2023) 8 SCR 1026

Prevention of Money Laundering Act, 2002; Section 45 - Rigours under Section 45 are applicable to anticipatory bail applications. (Para 5) Directorate of Enforcement v. M. Gopal Reddy, 2023 LiveLaw (SC) 138

Prevention of Money-laundering Act, 2002; Section 3 - The area in which the property is derived or obtained or even held or concealed, will be the area in which the offence of money laundering is committed. (Para 39-40) Rana Ayyub v. Directorate of Enforcement, 2023 LiveLaw (SC) 86 : AIR 2023 SC 875 : (2023) 4 SCC 357

Prevention of Money-laundering Act, 2002; Section 44 - It is the Special Court constituted under the PMLA that would have jurisdiction to try even the scheduled offence. Even if the scheduled offence is taken cognizance of by any other Court, that Court shall commit the same, on an application by the concerned authority, to the Special Court which has taken cognizance of the offence of money-laundering. (Para 36) Rana Ayyub v. Directorate of Enforcement, 2023 LiveLaw (SC) 86 : AIR 2023 SC 875 : (2023) 4 SCC 357

Prevention of Money Laundering Act (Act 15 of 2003); Sections 3 and 44 – Territorial Jurisdiction of Special PMLA Court – Place of commission of the offence of money-laundering – The involvement of a person in any one or more of certain processes or activities connected with the proceeds of crime, namely, concealment, possession, acquisition, use, projecting as untainted property, or claiming as untainted property, constitutes the offence of money-laundering – All the places where any one or more of these processes or activities take place are the places where the offence of money-laundering has been committed – Triable by the special court(s) constituted for the area(s) in which the offence of money-laundering has been committed – Held, the petition could not be entertained since the issue of territorial jurisdiction could not be decided in a writ petition, especially in the presence of a serious factual dispute about the place or places of commission of the offence – Petition dismissed. (Paras 38 to 40) Rana Ayyub v. Directorate of Enforcement, 2023 LiveLaw (SC) 86 : AIR 2023 SC 875 : (2023) 4 SCC 357

Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013

Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 - The Union and the States are duty bound to ensure that the practice of manual scavenging is completely eradicated - Directions issued. (Para 96) Dr. Balram Singh v. Union of India, 2023 LiveLaw (SC) 917

Property

Title of immovable property can't be transferred through agreement to sell or general power of attorney. Shakeel Ahmed v. Syed Akhlaq Hussain, 2023 LiveLaw (SC) 1009

Agreement to sell doesn't transfer ownership rights or confer title. Munishamappa v. N. Rama Reddy, 2023 LiveLaw (SC) 987

Transfer of Property Act - Rents receivable can be assigned by debtor to creditor as actionable claim. Infrastructure Leasing and Financial Services Ltd. v Hdfc Bank, 2023 LiveLaw (SC) 929 : AIR 2023 SC 5239

Section 106 Transfer of Property Act - Onus on tenant to prove that premises was leased for manufacturing purpose. Paul Rubber Industries Pvt. Ltd. v. Amit Chand Mitra, 2023 LiveLaw (SC) 827

TP Act - Transaction can't be regarded as 'mortgage by conditional sale' if condition for reconveyance is not specified in the same deed. Prakash v. G. Aradhya, 2023 LiveLaw (SC) 685 : AIR 2023 SC 3950

Difference between 'mortgage by conditional sale' & 'sale with condition of retransfer': Supreme Court explains. Prakash v. G. Aradhya, 2023 LiveLaw (SC) 685 : AIR 2023 SC 3950

Use of expression 'ta khubzul badlain' in sale deed by itself will not be determinative of the true nature of the transaction. Yogendra Prasad Singh v. Ram Bachan Devi, 2023 LiveLaw (SC) 582 : AIR 2023 SC 3637

Though agreement to sell does not confer title, possessory right of prospective purchaser protected under Sec 53A TP Act. Ghanshyam v. Yogendra Rathi, 2023 LiveLaw (SC) 479 : AIR 2023 SC 2754 : (2023) 7 SCC 361

Will (before death of the testator) or General Power of Attorney (GPA) cannot confer title in immovable property. Ghanshyam v. Yogendra Rathi, 2023 LiveLaw (SC) 479

Dispute between defendants regarding validity of sale deed can't be considered in suit for possession instituted by plaintiff. Damodhar Narayan Sawale v. Shri Tejrao Bajirao Mhaske, 2023 LiveLaw (SC) 404 : AIR 2023 SC 3319

Onus to prove adverse possession shifts to defendants, once title is upheld in plaintiff's favour in earlier suit between the same parties. Prasanna v. Mudegowda, 2023 LiveLaw (SC) 381

Value of plant and machinery permanently embedded to land must be ascertained to compute stamp duty for sale deed. Sub Registrar, Amudalavalasa v. Dankuni Steels Ltd., 2023 LiveLaw (SC) 357 : (2023) 8 SCR 1098

Section 52 TP Act - Alienation of suit property pendente lite not invalid; but it'll be subject to rights of litigants. Shivashankara v. H.P. Vedavyasa Char, 2023 LiveLaw (SC) 261

Transfer of Property Act - Encroacher cannot claim benefit of Section 51. Baini Prasad v. Durga Devi, 2023 LiveLaw (SC) 78 : AIR 2023 SC 894

When a person has relinquished rights in father's self acquired property, his sons are estopped from claiming share. Elumalai @Venkatesan v. M. Kamala, 2023 LiveLaw (SC) 65 : AIR 2023 SC 659 : (2023) 1 SCR 261

Protection of Children from Sexual Offences Act, 2012

Provide counselling for child victims of sexual offences, ensure their education : Supreme Court directs states. State of Rajasthan v. Gautam Mohanlal, 2023 LiveLaw (SC) 875

State must provide 'support' persons' for child victims; it can't be left to parents' discretion. We the Women of India v. Union of India, 2023 LiveLaw (SC) 892

The Supreme Court emphasises the importance of “support persons” for victims under the POCSO act; issues guidelines. Bachpan Bachao Andolan v. Union of India, 2023 LiveLaw (SC) 667

School transfer certificate cannot be relied upon to determine POCSO victim age. P. Yuvaprakash v. State, 2023 LiveLaw (SC) 538 : AIR 2023 SC 3525

Penetrative sexual assault against child below 12 years punishable as 'aggravated sexual assault'. State of U.P. v. Sonu Kushwaha, 2023 LiveLaw (SC) 502 : AIR 2023 SC 3210 : (2023) 7 SCC 475

Protection of Children from Sexual Offences Act, 2012 - The social environment around the victim child may not always be conducive to the victim's rehabilitation. Only the monetary compensation is not enough. Only the payment of compensation will not amount to rehabilitation in a true sense. Perhaps the rehabilitation of the girl victims in life should be part of the “Beti Bachao Beti Padhao” campaign of the Central Government. As a welfare State, it will be the duty of the Government to do so. (Para 16) State of Rajasthan v. Gautam Mohanlal, 2023 LiveLaw (SC) 875

Protection of Children from Sexual Offences Act, 2012 - The State needs to ensure that the children who are the victims of the offence continue with their education. (Para 16) State of Rajasthan v. Gautam Mohanlal, 2023 LiveLaw (SC) 875

Protection of Children from Sexual Offences Act, 2012 - Whenever a child is subjected to sexual assault, the State or the Legal Services Authorities should ensure that the child is provided with a facility of counselling by a trained child counsellor or child psychologist. It will help the victim children to come out of the trauma, which will enable them to lead a better life in future. (Para 16) State of Rajasthan v. Gautam Mohanlal, 2023 LiveLaw (SC) 875

Protection of Children from Sexual Offences Act, 2023 – the State has the obligation to provide 'support persons' as per the POCSO Act to child victims of sexual offences and that the appointment of support persons cannot be made optional. The need for support persons should not be left to the discretion of the parents of the child victims. (Para 3) We the Women of India v. Union of India, 2023 LiveLaw (SC) 892

Protection of Children from Sexual Offences Act, 2023 - There is a need for comprehensive guidelines regarding the engagement of support persons in child welfare cases. The guidelines, to be finalized within eight weeks, are expected to consider various factors, including the establishment of a uniform standard of education for support persons. The court discourages the prevalent practice of limiting support persons' engagements to a specific time frame and emphasizes the importance of providing reasonable remuneration for support persons. Additionally, the guidelines propose the creation of an All India Portal and the maintenance of a panel of NGOs and support persons. (Para 5) We the Women of India v. Union of India, 2023 LiveLaw (SC) 892

Protection of Children from Sexual Offences Act, 2012 - Juvenile Justice (Care and Protection of Children) Act, 2015; Section 3 - A support person – whether involved from the early stages of lodging a report or brought on board shortly thereafter - can play a tremendous role in offering encouragement, reassurance, and guidance, merely from their knowledge of the legalese, armed with a compassionate child-friendly approach. Their potential in providing moral support and guidance, which directly translates to better and more just outcomes both in terms of prosecution, and rehabilitation, cannot be overstated. To fulfil their role as envisaged, their primary focus must be the child's immediate care and protection, and to play the role of a helpful intermediary between the child, its family/guardian, and the various institutional stakeholders and authorities. In these interactions, the support person should bear in mind the principles enunciated in Section 3 of the Act, 2015 while engaging with the child victim, and their families. These include – the principles of dignity and worth, participation, best interest, safety, positive measures, non-stigmatising semantics, non-waiver of rights, equality and non-discrimination, and right to privacy and confidentiality. (Para 6) Bachpan Bachao Andolan v. Union of India, 2023 LiveLaw (SC) 667

Protection of Children from Sexual Offences Act, 2012 - The enactment and bringing into force of the POCSO Act was not merely in furtherance of this country's commitment to international instruments, but its resolve to and attempt at creating a world as secure and as free from fear, for the most innocent and vulnerable section of its citizens, i.e., children and young adults. Behaviour - physical, verbal, and non-verbal, ranging from what discomfits a child to as horrifying as rape and physical sexual abuse have been criminalized. Special mechanisms to provide access to the justice delivery system, and ensure speedy justice, have been devised. Yet, a society's commitment to such a cause does not cease by mere enactment of any law, but its willingness, and those governing and administering it, to create and ensure effective overall frameworks which support and strengthen its institutions. (Para 1) Bachpan Bachao Andolan v. Union of India, 2023 LiveLaw (SC) 667

Protection of Children from Sexual Offences Act, 2012 - There are numerous aids prepared, to help in understanding the role of the support person, and how to maximise their impact. The Ministry of Women and Child Development released the Model Guidelines under Section 39 of The Protection of Children from Sexual Offences Act, 2012 which offers detailed guidance for the use of professionals and experts under the POCSO Act (albeit issued in 2013, i.e., prior to the POCSO Rules, 2020). Similarly, another useful resource tailored specifically for the use of support persons, is the 'Handbook for Support Persons 2021 – Assisting Child Victims of Sexual Violence' which is a handy open access resource, available for download from the internet. These resources, comprehensively elucidate child-friendly best practices, and explain what not to do, as a support person, in a lucid and accessible manner. (Para 7) Bachpan Bachao Andolan v. Union of India, 2023 LiveLaw (SC) 667

Protection of Children from Sexual Offences Act, 2012 - Witness Protection Scheme, 2018 - Importance of a support person accompanying the child victim at the time of recording statement and deposition - In addition to maintaining confidentiality of all information, and addressing the concerns of the child and family, the support person is responsible for accompanying the child during recording of statement, medical examination, depositions, and to assist in all other interactions at the investigation, pre-trial, and trial stage. The support person is to make available public or private emergency and crisis services; ensure availability of free legal aid; provide assistance with navigating the victim compensation scheme; track the status of investigation, arrest, and filing of charges of the accused person; follow the dates of the court proceedings to enable the victim or family to attend as required; and be abreast of any other developments such as grant of bail, detention status, etc. of the accused. (Para 5) Bachpan Bachao Andolan v. Union of India, 2023 LiveLaw (SC) 667

Protection of Children from Sexual Offences Act, 2012; Section 39 - Protection of Children from Sexual Offences Rules, 2020 – Directions issued on Comprehensive assessment of support persons ecosystem, Participation of relevant authorities for such assessment, Data collection from district child protection unit, Guidelines and training, Periodic training of all personnel, Reporting mechanism establishment, Standard operating procedure (sop), Role of support persons, Remuneration of support persons to be commensurate with qualification and experience, Model guidelines and precedent consideration, Comprehensive victim support, Role of support institutions and state's responsibility for implementation - Concerned authorities to file a status report by October 4, 2023. (Para 11) Bachpan Bachao Andolan v. Union of India, 2023 LiveLaw (SC) 667

Protection of Children from Sexual Offences Act, 2012; Section 39 - Protection of Children from Sexual Offences Rules, 2020; Rules 4, 5, and 10 - Model Guidelines - A support person is to provide information, emotional and psychological support, and practical assistance which are often crucial to the recovery of the child. This can go a long way in helping them cope with the aftermath of the crime and with the strain of any criminal proceedings – in many ways a support person acts as guardian ad litem for the child. (Para 4) Bachpan Bachao Andolan v. Union of India, 2023 LiveLaw (SC) 667

Protection of Children from Sexual Offences Rules, 2020 - In crimes against children, it is not only the initiating horror or trauma that is deeply scarring; that is aggravated by the lack of support and handholding in the days that follow. In such crimes, true justice is achieved not merely by nabbing the culprit and bringing him to justice, or the severity of punishment meted out, but the support, care, and security to the victim (or vulnerable witness), as provided by the state and all its authorities in assuring a painless, as less an ordeal an experience as is possible, during the entire process of investigation, and trial. The support and care provided through state institutions and offices is vital during this period. Furthermore, justice can be said to have been approximated only when the victims are brought back to society, made to feel secure, their worth and dignity, restored. Without this, justice is an empty phrase, an illusion. The POCSO Rules 2020, offer an effective framework in this regard, it is now left to the State as the biggest stakeholder in it – to ensure its strict implementation, in letter and spirit. (Para 12) Bachpan Bachao Andolan v. Union of India, 2023 LiveLaw (SC) 667

Protection of Children from Sexual Offences Rules, 2020 - Role of a 'Support Person' - From the point of registering an FIR/complaint under the POCSO Act, the victim and their family are required to interact with the police machinery, medical officers and hospitals, the Magistrate, Special Court and/or Juvenile Justice Board, the concerned CWC, and other stakeholders – which in itself can be daunting and overwhelming (over and above the already traumatic experience of the crime itself), often dissuading them from pursuing the case altogether. Noticing the need for support at various stages, the role of a 'support person' was institutionalised in the POCSO Rules, 2020, to fill this lacuna. (Para 3) Bachpan Bachao Andolan v. Union of India, 2023 LiveLaw (SC) 667

Protection of Children from Sexual Offences Rules, 2020 - Role of a 'Support Person' - The present writ petition, arose from the strife caused to an individual victim in her painstaking struggle for justice while navigating the police, investigation stage, and court processes, for the prosecution of an offence under the POCSO Act. At numerous stages, she was revictimized, and faced severe hardships; the issues arising from the individual case, have been dealt with by way of continuing mandamus, wherein this court through a series of orders has monitored the aspects requiring special attention. During those proceedings, it was noticed that the role of a 'support person' as envisaged in the POCSO Rules, 2020, despite being a progressive step – remains unfulfilled, or is given effect to, in a partial or ad-hoc manner, thus limiting its positive potential in offering support to victims and their families. (Para 2) Bachpan Bachao Andolan v. Union of India, 2023 LiveLaw (SC) 667

Protection of Children from Sexual Offences Rules, 2020; Rule 4(14) 'Form-A' - A support person has been appointed only in 4% of POCSO cases. The availability of services of a support person is not merely directory or suggestive – but a legal entitlement. (Para 9) Bachpan Bachao Andolan v. Union of India, 2023 LiveLaw (SC) 667

Protection of Children from Sexual Offences Rules, 2020; Rules 2(f), 4(8) and 5(6) - Clearly delineating the scope of assistance to be rendered by a support person, the Rules also stipulate that if the Child Welfare Committee (CWC), in contravention of its duties fails to appoint one, or for whatever reason, the child victim and their family wish to engage someone else, they are free to seek assistance from a qualified support person externally [ref: proviso to Rule 5(6)]. Termination of their services, for whatever reason, is also covered under Rule 4(11). (Para 3) Bachpan Bachao Andolan v. Union of India, 2023 LiveLaw (SC) 667

Protection of Children from Sexual Offences Act, 2012 - POCSO Act was enacted to provide more stringent punishments for the offences of child abuse of various kinds and that is why minimum punishments have been prescribed in Sections 4, 6, 8 and 10 of the POCSO Act for various categories of sexual assaults on children. Hence, Section 6, in its plain language, leaves no discretion to the Court and there is no option but to impose the minimum sentence. (Para 12) State of U.P. v. Sonu Kushwaha, 2023 LiveLaw (SC) 502

Protection of Children from Sexual Offences Act, 2012; Section 6 - Appellant concurrently convicted under Section 6 of the POCSO Act as well as Section 10 of the Prohibition of Child Marriage Act - Conviction set aside. P. Yuvaprakash v. State, 2023 LiveLaw (SC) 538

Protection of Children from Sexual Offences Act, 2012; Section 6 - Accused had put his penis into mouth of the victim aged about 10 years and discharged semen - The accused has committed an offence of aggravated penetrative sexual assault as he has committed penetrative sexual assault on a child below twelve years. (Para 7-11) State of U.P. v. Sonu Kushwaha, 2023 LiveLaw (SC) 502

Protection of Children from Sexual Offences Act, 2012; Section 94 - Juvenile Justice (Care and Protection of Children) Act, 2015; Section 94 - Wherever the dispute with respect to the age of a person arises in the context of her or him being a victim under the POCSO Act, the courts have to take recourse to the steps indicated in Section 94 of the Juvenile Justice Act - School transfer certificate and extracts of the admission register, are not what Section 94 (2) (i) mandate - Section 94 (2)(iii) of the JJ Act clearly indicates that the date of birth certificate from the school or matriculation or equivalent certificate by the concerned examination board has to be firstly preferred in the absence of which the birth certificate issued by the Corporation or Municipal Authority or Panchayat and it is only thereafter in the absence of these such documents the age is to be determined through “an ossification test” or “any other latest medical age determination test” conducted on the orders of the concerned authority, i.e. Committee or Board or Court. P. Yuvaprakash v. State, 2023 LiveLaw (SC) 538

Protection of Human Rights Act, 1993

Protection of Human Rights Act, 1993 - Conduct of election is the sole responsibility of the Election Commission. The Human Rights Commission cannot encroach on the autonomy, independence and function of another constitutional authority such as the Election Commission. (Para 9 - 18) National Human Rights Commission v. West Bengal State Election Commission, 2023 LiveLaw (SC) 659

Protection of Women from Domestic Violence Act, 2005

Protection of Women from Domestic Violence Act, 2005 - In a complaint filed under the Protection of women from Domestic Violence Act, 2005, it is not open to the Court to impose such onerous conditions upon the appellant, who claims to be a victim of domestic violence. What the Appellate Court and the High Court have ordered are actually in the nature of penalty for the appellant not proceeding with the trial. In the first instance, it is impermissible in law. Bhawna v. Bhay Ram, 2023 LiveLaw (SC) 148

Provincial Small Cause Courts Act, 1887

Provincial Small Cause Courts Act, 1887; Section 17 - Security furnished by the judgment debtor in the form of a rented shop belonging to a third party, of which the surety was a tenant, cannot be accepted as a security in law. The proviso to Section 17 of the Act contemplates that the applicant seeking to set aside an exparte decree must either make a deposit of the amount in question or give security. However, in view of the decision of the Apex Court in Kedarnath vs Mohan Lal Kesarwari and Ors., AIR 2002 SC 582, the provision with respect to deposit can be dispensed with by the court. Thus, the applicant can, in other words, seek a dispensation with the requirement of deposit and can seek leave for furnishing such security as the court may direct. Arti Dixit v. Sushil Kumar Mishra, 2023 LiveLaw (SC) 473

Public Interest

'Public interest not limited to maximising revenue for Govt; it includes fair & transparent process'. Haryana State Industrial and Infrastructure Development Corporation Ltd. v. Ashish Jain, 2023 LiveLaw (SC) 654

Public Interest Litigation (PIL)

Supreme Court dismisses PIL seeking setting up of internal security council to supervise national and state investigating agencies. Agnostos Theos v. Union of India, 2023 LiveLaw (SC) 651

Can't pass 'one size fits all' direction for page limit on petitions. Amrish Rajnikant Kilachand v. Secretary General SCI, 2023 LiveLaw (SC) 646

Public Servants (Inquiries) Act, 1850

Public Servants (Inquiries) Act, 1850 - Central Civil Services (Classification, Control and Appeal) Rules, 1965; Rule 14 - the disciplinary authority is empowered to appoint a retired employee as an inquiry authority. It is not necessary that the inquiry officer should be a public servant. Hence, no fault can be found as the inquiry officer was not a public servant, but a retired officer. Union of India v. Jagdish Chandra Sethy, 2023 LiveLaw (SC) 609

Railway

Members of Railway Protection Force can seek benefits under Employees Compensation Act though RPF declared as an armed force. Railway Protection Special Force v. Bhavnaben Dinshbhai Bhabhor, 2023 LiveLaw (SC) 835 : AIR 2023 SC 4668

Railways not liable for theft of passenger's belongings : Supreme Court sets aside Consumer Forum's award. Station Superintendent v. Surender Bhola, 2023 LiveLaw (SC) 487

Railway compensation claim - Mere absence of ticket doesn't mean victim wasn't bona fide passenger. Kamukayi v. Union of India, 2023 LiveLaw (SC) 449 : AIR 2023 SC 2761 : (2023) 6 SCR 399

Supreme Court dismisses plea to restore concession in railway tickets for senior citizens.M.K. Balakrishnan v. Union of India, 2023 LiveLaw (SC) 370

Railways Act, 1989

Railways Act, 1989 - Employees Compensation Act, 1923 - Whether the availability of an alternative remedy to claim compensation under Sections 124 and 124-A of the 1989 Act prevents a claim under the 1923 Act? Held, as per Section 128 of the 1989 Act, a person retains the right to claim compensation under the 1923 Act or any other existing law, even if they have the right to compensation under Section 124 or Section 124-A of the 1989 Act. However, the condition is that compensation cannot be claimed multiple times for the same accident. In the present case, there was no evidence to suggest that the respondents had already received compensation for the same accident under another law before making a claim under the 1923 Act. Consequently, their claim under the 1923 Act was not precluded due to the alternative remedy available under the 1989 Act. (Para 62 & 63) Railway Protection Special Force v. Bhavnaben Dinshbhai Bhabhor, 2023 LiveLaw (SC) 835

Railways Act, 1989 - Mere absence of a ticket on the injured or deceased will not negate the claim that he was a bona fide passenger. Kamukayi v. Union of India, 2023 LiveLaw (SC) 449 : AIR 2023 SC 2761 : (2023) 6 SCR 399

Rape

'False allegation of rape causes distress and humiliation to accused': Supreme Court acquits man after 23 years in rape case. Manak Chand v. State of Haryana, 2023 LiveLaw (SC) 937 : AIR 2023 SC 5600

"No evidence" : Supreme Court acquits two men accused in 26 year old rape case. Avtar Singh v. State of Punjab, 2023 LiveLaw (SC) 592 : AIR 2023 SC 3718 : (2023) 8 SCC 322

Every breach of promise to marry is not 'rape' : supreme court acquits man sentenced to 10 years imprisonment. Naim Ahamed v. State (NCT of Delhi), 2023 LiveLaw (SC) 66 : (2023) 1 SCR 1061

Real Estate

RERA : Supreme Court seeks responses of States/UTs which haven't established Real Estate Regulatory Authority, Appellate Tribunals. Pioneer Urban Land and Infrastructure Ltd. v. Union of India, 2023 LiveLaw (SC) 657

Real Estate (Regulation & Development) Act, 2016

Real Estate (Regulation & Development) Act, 2016 – Implementation Progress Report – The Supreme Court seeks responses of States/UTs which haven't established Real Estate Regulatory Authority, Appellate Tribunals. Pioneer Urban Land and Infrastructure Ltd. v. Union of India, 2023 LiveLaw (SC) 657

Recovery of Debts Due to Banks and Financial Institutions Act, 1993

Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - More than a decade back, the Apex Court had expressed serious concern despite its repeated pronouncements in regard to the High Courts ignoring the availability of statutory remedies under the RDBFI Act and the SARFAESI Act and exercise of jurisdiction under Article 226 of the Constitution. Even after, the decision in United Bank of India v. Satyawati Tondon, (2010) 8 SCC 110, it appears that the High Courts have continued to exercise its writ jurisdiction under Article 226 ignoring the statutory remedies under the RDBFI Act and the SARFAESI Act. (Para 96) Celir LLP v. Bafna Motors (Mumbai) Pvt. Ltd., 2023 LiveLaw (SC) 808 : AIR 2023 SC 4568 : (2024) 2 SCC 1

Recovery of Money

Writ petition for recovery of money can't be entertained, particularly when civil remedy has been invoked. Director of Agriculture v. M.V. Ramachandran, 2023 LiveLaw (SC) 220

Recruitment

Eligibility conditions for post can't be relaxed after the last date of applications without giving wide publicity. Ankita Thakur v. HP Staff Selection Commission, 2023 LiveLaw (SC) 991

The last date to fulfil eligibility criteria is the last date to submit applications, in the absence of any specific rule. (Para 61) Divya v. Union of India, 2023 LiveLaw (SC) 879 : (2024) 1 SCC 448

Duty to fill up vacancies from the waiting list does not arise in the absence of a rule mandating it. State of Karnataka v. Bharathi S., 2023 LiveLaw (SC) 472 : AIR 2023 SC 2792

Recusal

Supreme Court Judge Justice M.R. Shah refuses to recuse from hearing Sanjiv Bhatt's plea. Sanjiv Kumar Rajendrabhai Bhatt v. State of Gujarat, 2023 LiveLaw (SC) 420

Re-Evaluation

Assessment of descriptive answers is subjective; Courts should not enter that arena: Supreme Court disapproves of HC ordering re-evaluation. Dr. B.R. Ambedkar University, Agra v. Devarsh Nath Gupta, 2023 LiveLaw (SC) 131 : (2023) 2 SCR 471

Registration

When can an unregistered lease deed, which is compulsorily registrable, be admitted to show nature & character of possession? the Supreme Court explains. Paul Rubber Industries Pvt. Ltd. v. Amit Chand Mitra, 2023 LiveLaw (SC) 827 : AIR 2023 SC 4658

WB Registration Act - Registrar cannot exercise power of substantive review while cancelling society's registration. Chen Khoi Kui v. Liang Miao Sheng, 2023 LiveLaw (SC) 796 : AIR 2023 SC 4803 : (2023) 9 SCC 376

S.17 Registration Act - High Court cannot exercise writ jurisdiction to alter or amend registered lease deed. Gwalior Development Authority v. Bhanu Pratap Singh, 2023 LiveLaw (SC) 340 : AIR 2023 SC 2090 : (2023) 3 SCR 498

Unregistered agreement to sell is admissible as evidence in suit for specific performance. R. Hemalatha v. Kashthuri, 2023 LiveLaw (SC) 304 : AIR 2023 SC 1895 : (2023) 2 SCR 834

Part 15: The Complete Supreme Court Annual Digest- 2023 [Part-XV]