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Supreme Court Half Yearly Digest...

Supreme Court Half Yearly Digest 2023 – Civil Minor Acts

LIVELAW NEWS NETWORK

10 Dec 2023 4:15 AM GMT

Advocates Act, 1961

Advocates Act, 1961 - Bar Council of India can prescribe that only graduates from recognized law colleges can enrol as advocates. The rule framed by BCI requiring a candidate for enrolment as an Advocate to have completed his law course from a college recognized/ approved by BCI cannot be said to be invalid. Bar Council of India v. Rabi Sahu, 2023 LiveLaw (SC) 481 : 2023 INSC 577

Advocates Act, 1961 - Bar Council of India Certificate and Place of Practice (Verification) Rules 2015 - Having regard to the larger dimensions of this matter and the direct impact which the enrollment of fake degree holders and other persons who are not found to be in possession of the qualifications required for entry into the Bar have on the administration of justice, we accede to the suggestion of the Bar Council of India that a High Powered Committee should be constituted by this Court to monitor the process of verification. In our view, such a High-Powered Committee should be chaired by a former Judge of this Court and its members should consist of: (i) two Judges of the High Court; (ii) two senior advocates; and (iii) three members of the Bar Council of India. (Para 13) Ajay Shankar Srivastava v. Bar Council of India, 2023 LiveLaw (SC) 307 : 2023 INSC 346 : (2023) 6 SCC 144

Advocates Act 1961 - No provisions prohibit BCI from prescribing pre-enrolment exam- Neither these provisions, nor the role of the universities to impart legal education, in any way, prohibit the Bar Council of India from conducting pre-enrolment examination, as the Council is directly concerned with the standard of persons who want to obtain a license to practice law as a profession. (Para 20) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96 : AIR 2023 SC 854 : 2023 INSC 116 : (2023) 2 SCR 343

Advocates Act 1961 - Quality of lawyers is an important aspect and part of administration of justice and access to justice. Half baked lawyers serve no purpose. It is this quality control, which has been the endeavour of all the efforts made over a period of time. (Para 19) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96 : AIR 2023 SC 854 : 2023 INSC 116 : (2023) 2 SCR 343

Advocates Act 1961 - The objective of the legislature while giving wide powers to the Bar Council of India under Section 49 of the Advocates Act which gives it the power to prescribe rules, read with Clause (d) of Sub-section (3) of Section 24, which gives it the power to prescribe norms for entitlement to be enrolled as an advocate under the rules of the Bar Council of India, leads us to the conclusion that these are adequate powers with the Bar Council of India under the said act to provide for such norms and rules. We are, therefore, of the view that while considering the question referred to us, the only conclusion is that the interdict placed by the judgement of this court in V. Sudeer on the powers of the Bar Council of India cannot be sustained and we cannot hold that this decision laid down the correct position of law. The effect of the view expressed by us would be that it is left to the Bar Council of India as to at what stage, the All-India Bar Examination will be held, that is, pre-enrolment, or post-enrolment. (Para 33) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96 : AIR 2023 SC 854 : 2023 INSC 116 : (2023) 2 SCR 343

Airports Authority of India Act, 1994

Airports Authority of India Act, 1994; Section 22A - “User development fee” (UDF) levied and collected by the airport operation, maintenance, and development entities from passengers, is a statutory levy, and thus, it is not subjected to levy of service tax under the provisions of the Finance Act, 1994. There is a distinction between the charges, fee and rent collected under Section 22 of the AAI Act and the UDF levied and collected under Section 22A of the AAI Act, the UDF is in the form of a 'tax or cess' collected for financing the cost of future projects. There was no consideration for the services provided by the assessee-entities to the customer, visitors, passengers, vendors, etc. As a part of the Union's economic policies, the upgradation and renovation of airports are funded through UDF, which is a statutory levy, the fact that the UDF amount is not deposited in a government treasury, per se, does not make it any less a statutory levy or compulsory exaction. Nor does its discretionary nature render it any less a statutory levy. Merely because the funds are kept in an escrow account, and their utilization is monitored separately, it does not undermine the public nature of the funds in any manner. Central GST Delhi – III v. Delhi International Airport Ltd., 2023 LiveLaw (SC) 457 : 2023 INSC 572

Arbitration and Conciliation Act, 1996

Arbitration and Conciliation Act, 1996; Section 11 (6) - Post amendment in 2015, the jurisdiction of the Court under Section 11(6) of the Arbitration Act is confined to examining whether an arbitration agreement exists between the parties – “nothing more, nothing less”. Under Section 11(6A) of the Arbitration Act, referral court is duty bound to consider the dispute/issue with respect to the existence of an Arbitration Agreement. (Para 5.2) Magic Eye Developers Pvt. Ltd. v. Green Edge Infrastructure Pvt. Ltd., 2023 LiveLaw (SC) 444 : AIR 2023 SC 2339 : 2023 INSC 528

Arbitration and Conciliation Act, 1996; Section 11 (6) - The 'pre-referral' jurisdiction of Court under Section 11 (6) consists of two inquiries, (i) existence and validity of arbitration agreement; and (ii) non-arbitrability of dispute. The primary inquiry is about the existence and the validity of an arbitration agreement, which also includes an inquiry as to the parties to the agreement and the applicant's privity to the said agreement. The said matter requires a thorough examination by the referral court. The Secondary inquiry that may arise at the reference stage itself is with respect to the non-arbitrability of the dispute. Both are different and distinct. So far as the first issue with respect to the existence and the validity of an arbitration agreement is concerned, as the same goes to the root of the matter, the same has to be to conclusively decided by the referral court at the referral stage itself. With respect to non-arbitrability of the dispute, the court at pre-referral stage may prima facie examine the arbitrability of claims. The review at the reference stage is done to sideline the cases where litigation must stop at the first stage. (Para 5.3) Magic Eye Developers Pvt. Ltd. v. Green Edge Infrastructure Pvt. Ltd., 2023 LiveLaw (SC) 444 : AIR 2023 SC 2339 : 2023 INSC 528

Arbitration and Conciliation Act, 1996; Section 11 (6) - When the issue of 'existence and validity of an arbitration agreement' is raised at pre-referral stage, then the Court is duty bound to conclusively decide the issue. If the issue regarding 'existence and validity of an arbitration agreement' is left to the Arbitral Tribunal, then it will be contrary to Section 11(6A) of the Arbitration Act. This is to protect the parties from being forced to arbitrate in absence of a valid arbitration agreement. (Para 5.3) Magic Eye Developers Pvt. Ltd. v. Green Edge Infrastructure Pvt. Ltd., 2023 LiveLaw (SC) 444 : AIR 2023 SC 2339 : 2023 INSC 528

Arbitration and Conciliation Act, 1996; Section 11(6) - Appointment of Arbitrator - Limitation period for arbitration - the cause of action to appoint an arbitrator would commence from the “Breaking Point” at which any reasonable party would abandon efforts for at arriving at a settlement and contemplate referral of the dispute for arbitration. “Breaking Point” should be treated as the date at which the cause of action arose for the purpose of limitation. B and T AG v. Ministry of Defence, 2023 LiveLaw (SC) 466 : AIR 2023 SC 2731 : 2023 INSC 549

Arbitration and Conciliation Act, 1996; Section 11(6) - Appointment of Arbitrator - Limitation period for arbitration - Entire history of the negotiation between the parties must be specifically pleaded and placed on record, in order to facilitate the Court to find out what was the “Breaking Point” for the purpose of limitation computation. B and T AG v. Ministry of Defence, 2023 LiveLaw (SC) 466 : AIR 2023 SC 2731 : 2023 INSC 549

Arbitration and Conciliation Act, 1996; Section 11(6) - Appointment of Arbitrator - Limitation period for arbitration - “Cause of action” to mean material facts that are necessary to be proved by the plaintiff to succeed in a suit; and it plays a necessary role in computation of limitation period for bringing an action. If a party simply delays sending a notice seeking reference under the Act 1996 because they are unclear of when the cause of action arose, the claim can become time-barred even before the party realises the same. B and T AG v. Ministry of Defence, 2023 LiveLaw (SC) 466 : AIR 2023 SC 2731 : 2023 INSC 549

Arbitration and Conciliation Act, 1996; Section 11(6) - Appointment of Arbitrator - Limitation period for arbitration - Mere negotiations will not postpone the cause of action for the purpose of limitation - the limitation period of three years for filing such application would commence from the date when the cause of action arose. Subsequent negotiations between the parties, which take place after the cause of action has arisen, will not postpone the cause of action for the purpose of limitation computation. B and T AG v. Ministry of Defence, 2023 LiveLaw (SC) 466 : AIR 2023 SC 2731 : 2023 INSC 549

Arbitration and Conciliation Act, 1996; Section 11(6) - Appointment of Arbitrator - Limitation period for arbitration - Negotiations may continue even for a period of ten years or twenty years after the cause of action had arisen. Mere negotiations will not postpone the “cause of action” for the purpose of limitation. The Legislature has prescribed a limit of three years for the enforcement of a claim and this statutory time period cannot be defeated on the ground that the parties were negotiating. B and T AG v. Ministry of Defence, 2023 LiveLaw (SC) 466 : AIR 2023 SC 2731 : 2023 INSC 549

Arbitration and Conciliation Act, 1996; Section 11(6) - Limitation Act, 1963; Article 137 - the Arbitration Act does not prescribe any time period for filing an application under Section 11(6) for appointment of Arbitrator. Thus, the limitation of three years provided under Article 137 of the Limitation Act, 1963 would apply to such proceedings. The time limit of three years would commence from the period when the right to apply accrues. B and T AG v. Ministry of Defence, 2023 LiveLaw (SC) 466 : AIR 2023 SC 2731 : 2023 INSC 549

Arbitration and Conciliation Act, 1996; Section 11(6) – Limitation Act, 1963; Article 137 - If an infringement of a right happens at a particular time, the whole cause of action will be said to have arisen then and there. In such a case, it is not open to a party to sit tight and not to file an application for settlement of dispute of his right, which had been infringed, within the time provided by the Limitation Act, and, allow his right to be extinguished by lapse of time, and thereafter, to wait for another cause of action and then file an application under Section 11 of the Act 1996 for establishment of his right which was not then alive, and, which had been long extinguished because, in such a case, such an application would mean an application for revival of a right, which had long been extinguished under the Act 1963 and is, therefore, dead for all purposes. Such proceedings would not be maintainable and would obviously be met by the plea of limitation under Article 137 of the Act 1963. B and T AG v. Ministry of Defence, 2023 LiveLaw (SC) 466 : AIR 2023 SC 2731 : 2023 INSC 549

Arbitration and Conciliation Act, 1996; Section 11(6), 11 (6A), 21 - Arbitration and Conciliation (Amendment) Act, 2015 - Where the notice invoking arbitration is issued prior to the coming into force of the 2015 Amendment Act, i.e., prior to 23.10.2015, and the application under Section 11 of the Arbitration Act, seeking appointment of an arbitrator, is made post the enforcement of the Amendment Act, the 2015 Amendment Act shall not be applicable. In Parmar Construction (2019) and Pradeep Vinod Construction (2020), the Supreme Court had specifically held that where the request to refer the dispute to arbitration was made before the 2015 Amendment Act came into effect, the unamended A&C Act shall be applicable for appointment of arbitrator. In BCCI (2018), the Apex Court has ruled the 2015 Amendment Act, 2015 to be prospective in nature only so far as the proceedings under Sections 34 & 36 of the Act are concerned. Further, the application under Section 11(6) was not in issue before the court. Shree Vishnu Constructions v. Engineer in Chief Military Engineering Service, 2023 LiveLaw (SC) 417 : 2023 INSC 508

Arbitration and Conciliation Act, 1996; Section 12(5) r/w Schedule VII - the Arbitrator appointed by Union, who is an employee of the Union, is ineligible to be appointed as the Arbitrator as per Para 1 of Schedule VII read with Section 12(5) of the Arbitration Act. Glock Asia-Pacific Ltd. v. Union of India, 2023 LiveLaw (SC) 459 : AIR 2023 SC 2777 : 2023 INSC 568

Arbitration and Conciliation Act, 1996; Section 34, 37 - An award could be said to be suffering from “patent illegality” only if it is an illegality apparent on the face of the award and not to be searched out by way of re-appreciation of evidence - The narrow scope of “patent illegality” cannot be breached by mere use of different expressions which nevertheless refer only to “error” and not to “patent illegality - if an Arbitrator construes the term of contract in a reasonable manner, the award cannot be set aside with reference to the deduction drawn from construction - The possibility of interference would arise only if the construction of the Arbitrator is such which could not be made by any fair minded and reasonable person. (Para 18, 25, 36) Reliance Infrastructure Ltd. v. State of Goa, 2023 LiveLaw (SC) 416 : AIR 2023 SC 2280 : 2023 INSC 514

Arbitration and Conciliation Act, 1996; Section 34, 37 - The Court cannot, after setting aside the award, proceed to grant further relief by modifying the award. It must leave the parties to work out their remedies in a given case even where it justifiably interferes with the award. (Para 27) Indian Oil Corporation v. Sathyanarayana Service Station, 2023 LiveLaw (SC) 415 : 2023 INSC 507

Arbitration and Conciliation Act, 1996; Section 34, 37 - View taken by the arbitrator in the facts, can be characterised as being perverse. It is undoubtedly a plausible view. It closes the door for the court to intervene. The finding of the arbitrator cannot be described as one betraying “a patent illegality". (Para 22) Indian Oil Corporation v. Sathyanarayana Service Station, 2023 LiveLaw (SC) 415 : 2023 INSC 507

Arbitration and Conciliation Act, 1996; Section 8 - the reliefs claimed in the suit fell outside the arbitration clause contained in the agreement executed between the parties. The court reckoned that the issue raised in the civil suit involved multiple transactions, involving different contracting parties and different agreements, all of which, except for one, did not contain an arbitration clause. Gujarat Composite Ltd. v. A Infrastructure Ltd., 2023 LiveLaw (SC) 384 : 2023 INSC 470

Arbitration and Conciliation Act, 1996; Section 8 - The Supreme Court has upheld the decision of the Gujarat High Court where it had upheld the rejection of an application filed under Section 8 of the Act in a commercial civil suit, noting that the cause of action of the suit went beyond the transaction containing the arbitration agreement. Gujarat Composite Ltd. v. A Infrastructure Ltd., 2023 LiveLaw (SC) 384 : 2023 INSC 470

Arbitration and Conciliation Act, 1996; Section 8 - While noting that the reliefs claimed in the suit involved subsequent purchasers of the suit property, which were not signatories to the arbitration agreement, held that, the case did not involve any “doubt” about the non-existence of arbitration agreement in relation to the dispute in question. Gujarat Composite Ltd. v. A Infrastructure Ltd., 2023 LiveLaw (SC) 384 : 2023 INSC 470

Arbitration and Conciliation Act, 1996 - Supreme Court has reiterated that the courts ought not to normally interfere with the arbitral proceedings, especially till the time an arbitral award is not passed - The top court has deprecated the practice of filing applications in disposed of Special Leave Petitions (SLPs) in order to side-step the arbitration process, adding that the said applications must not be entertained by the court. Narsi Creation Pvt. Ltd. v. State of Uttar Pradesh, 2023 LiveLaw (SC) 325 : 2023 INSC 387

Arbitration and Conciliation Act, 1996; Section 11 - Certified copy can be produced at the Section 11 stage only if it clearly indicates the stamp duty paid. If the same is not mentioned, the Court should not act on the said certified copy. N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd., 2023 LiveLaw (SC) 343 : 2023 INSC 423

Arbitration and Conciliation Act, 1996; Section 11 - The Apex Court has set aside the decision of the Delhi High Court where the Court had referred the parties to arbitration under Section 11(6) of the A&C Act, after the parties had entered into a Settlement Agreement which recorded that there were no subsisting issues pending between them. The Supreme Court held that the High Court should have exercised the prima facie test to screen and strike down the ex-facie meritless and dishonest litigation. Further, it ought to have examined the issue of the final settlement of disputes in context of the principles laid down in Vidya Drolia and Ors. vs. Durga Trading Corporation ((2021) 2 SCC 1 - The Supreme Court has ruled that while exercising jurisdiction under Section 11(6) of the A&C Act, the court is not expected to act mechanically, and that the limited scrutiny of the court at the pre-reference stage, through the “eye of the needle”, is necessary and compelling. NTPC Ltd v. SPML Infra Ltd; 2023 LiveLaw (SC) 287 : AIR 2023 SC 1974 : 2023 INSC 334 :(2023) 2 SCR 846

Arbitration and Conciliation Act, 1996; Section 11 - the Court at the Section 11 stage is bound to examine the instrument and if found to be unstamped or insufficiently stamped the instrument is to be impounded at this stage itself. N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd., 2023 LiveLaw (SC) 343 : 2023 INSC 423

Arbitration and Conciliation Act, 1996; Section 34 - An application under Section 34 must be filed within “prescribed period” of limitation i.e. 90 days, for seeking benefit of exclusion of period during which the Court remained closed from computation of limitation period. If the application is filed by invoking proviso to Section 34(3) of Arbitration Act, which extends the limitation period to further 30 days on the Court's discretion, then benefit of such exclusion would not be available to the applicant. Bhimashankar Sahakari Sakkare Karkhane Niyamita v Walchandnagar Industries Ltd; 2023 LiveLaw (SC) 288 : AIR 2023 SC 1990 : 2023 INSC 335

Arbitration and Conciliation Act, 1996; Section 7 - An arbitration agreement within the meaning of Section 7 of the Act attracts stamp duty and which is not stamped or insufficiently stamped cannot be acted upon in view of Section 35 of the Stamp Act unless following impounding and paying requisite duty. The provisions of Section 33 and the bar under Section 35 of the Stamp Act would render the arbitration agreement contained in such instrument as being non-existent in law until the instrument is validated under the Stamp Act. N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd., 2023 LiveLaw (SC) 343 : 2023 INSC 423

Arbitration and Conciliation Act, 1996; Section 7 - Whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable? Held, an instrument which is exigible to stamp duty may contain an arbitration clause and which is not stamped cannot be said to be a contract enforceable in law within the meaning of S. 2(h) of the Contract Act and is not enforceable under S 2(g) of the Contract Act. N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd., 2023 LiveLaw (SC) 343 : 2023 INSC 423

Arbitration and Conciliation Act, 1996; Section 29A - Post 2019 amendment, the time limit of twelve months as prescribed in Section 29A is applicable to only domestic arbitrations and the twelve-month period is only directory in nature for an international commercial arbitration - Arbitral tribunals in international commercial arbitrations are only expected to make an endeavor to complete the proceedings within twelve months from the date of competition of pleadings and are not bound to abide by the time limit prescribed for domestic arbitrations. (Para 25-29) TATA Sons Pvt. Ltd. v. Siva Industries and Holdings Ltd., 2023 LiveLaw (SC) 39 : 2023 INSC 13 : (2023) 5 SCC 421

Arbitration and Conciliation Act, 1996; Section 29A - Section 29A(1), as amended, is remedial in nature, it should be applicable to all pending arbitral proceedings as on the effective date i.e., 30 August 2019 - The amendment is remedial in that it carves out international commercial arbitrations from the rigour of the timeline of six months. (Para 34) TATA Sons Pvt. Ltd. v. Siva Industries and Holdings Ltd., 2023 LiveLaw (SC) 39 : 2023 INSC 13 : (2023) 5 SCC 421

Arbitration and Conciliation Act, 1996; Section 31(7) - Unless there is a specific bar under the contract, it is always open for the arbitrator / Arbitral Tribunal to award pendente lite interest. (Para 7.5) Indian Railway Construction Company v. National Buildings Construction Corporation, 2023 LiveLaw (SC) 210 : 2023 INSC 248 : (2023) 2 SCR 713

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 - Supreme Court sets aside the HC order which set aside an arbitral award - SC hold that HC exceeded in its jurisdiction under Section 34 of the Arbitration Act quashing and setting aside the well-reasoned award passed by the Arbitral Tribunal. Indian Railway Construction Company v. National Buildings Construction Corporation, 2023 LiveLaw (SC) 210 : 2023 INSC 248 : (2023) 2 SCR 713

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

Army Act, 1950

Army Act, 1950; Sections 45 and 63 - Miscellanious application filed by UoI seeking clarification of Joseph Shine v. Union of India (2019) 3 SCC 39) - This Court was neither called upon nor has it ventured to pronounce on the effect of Sections 45 and 63 of the 1950 Act as also the corresponding provisions in other Acts or any other provisions of the Acts. We only make this position clear. Joseph Shine v. Union of India, 2023 LiveLaw (SC) 117 : 2023 INSC 87

Border Security Force Act, 1968

Border Security Force Act, 1968 - Supreme Court quashes the order of General Security Force Court imposing dismissal from service, imprisonment for 10 years and fine of 1 lakh on a a BSF commandment for allegedly allowing cross-border transport of substances banned under the NDPS Act-appellant held entitled to full retiral benefits from the date of his superannuation till date. B.S. Hari Commandant v. Union of India, 2023 LiveLaw (SC) 303 : 2023 INSC 369

Carriage by Road Act, 2007

Carriage by Road Act, 2007; Section 16 - Suit and legal proceedings in connection with the loss or damage to the consignment alone are covered by Section 16 for which purpose, a notice is mandatory. The said provision has no application in reference to loss of any other kind or the suit or legal proceedings instituted for recovery of damages in respect of loss of different nature. (Para 17-19) ESSEMM Logistics v. DARCL Logistics Ltd; 2023 LiveLaw (SC) 378 : AIR 2023 SC 2140 : 2023 INSC 471

Central Civil Services (Pension) Rules 1972

Central Civil Services (Pension) Rules 1972; Rule 13 - Service rendered as casual / contractual cannot be said to be service rendered on a substantive appointment - Can't be counted towards qualifying services for pensionary benefits - The High Court has materially erred in observing that the contractual service would be qualified as service in a temporary capacity. Director General, Doordarshan Prasar Bharti Corporation v. Magi H. Desai, 2023 LiveLaw (SC) 248 : AIR 2023 SC 1623 : 2023 INSC 290

Central Civil Services (Pension) Rules, 1972; Rule 54(14)(b) - A case where a child is born to the deceased government servant after his death has to be contrasted with a case where a child is adopted by the widow of a government servant after his death. The former category of heirs are covered under the definition of family since such a child would be a posthumous child of the deceased government servant. (Para 14) Shri Ram Shridhar Chimurkar v. Union of India, 2023 LiveLaw (SC) 40 : AIR 2023 SC 618 : (2023) 4 SCC 312 : (2023) 1 SCR 931 : 2023 INSC 49

Central Civil Services (Pension) Rules, 1972; Rule 54(14)(b) - Hindu Adoptions and Maintenance Act, 1956; Sections 8 and 12 - Family Pension - A son or daughter adopted by the widow of a deceased government servant, after the death of the government servant, could not be included within the definition of 'family' - Rights and entitlements of an adopted son of a Hindu widow, as available in Hindu Law, as against his adoptive family, cannot axiomatically be held to be available to such adopted son, as against the government, in a case specifically governed by extant pension rules. (Para 10-12) Shri Ram Shridhar Chimurkar v. Union of India, 2023 LiveLaw (SC) 40 : AIR 2023 SC 618 : (2023) 4 SCC 312 : (2023) 1 SCR 931 : 2023 INSC 49

Central Civil Services (Pension) Rules, 1972; Rule 54(14)(b) - The phrase “in relation to a government servant” would indicate that the categories of persons listed thereunder, such as wife, husband, judicially separated wife or husband, son or unmarried daughter who has not attained the age of twenty-five years, adopted son or daughter, etc. are sought to be brought into association with the deceased government servant. The context requires that association or connection of such persons with the deceased government servant must be direct and not remote. The said Rule requires that the family member must have a close nexus with the deceased government servant, and must have been dependent on him during his lifetime. (Para 11.1) Shri Ram Shridhar Chimurkar v. Union of India, 2023 LiveLaw (SC) 40 : AIR 2023 SC 618 : (2023) 4 SCC 312 : (2023) 1 SCR 931 : 2023 INSC 49

Central Excise Act, 1944

Central Excise Act, 1944 - No separate notice under Section 11A of the Central Excise Act is necessary for the recovery of erroneous refund - Once the order in original sanctioning the refund came to be set aside in a proceeding under Section 35E of the Act and the proceedings under Section 35E was initiated within the time prescribed under Section 35E of the Act, thereafter there is no question of any further notice under Section 11A of the Central Excise Act. Commissioner of Central Excise v. Morarjee Gokuldas Spg. & Wvg. Co.Ltd., 2023 LiveLaw (SC) 259 : 2023 INSC 285

Central Excise Act, 1944; Section 4(A) - For a sale of goods to qualify for assessment benefits under Section 4(A) of the Act, it must be a retail sale, and there must be a mandate of law that directs the seller to affix a retail price on the goods for a sale to be considered a retail sale. Commissioner of Central Excise & Service v. A.R. Polymers Pvt. Ltd., 2023 LiveLaw (SC) 223 : (2023) 2 SCR 1147 : 2023 INSC 268

Central Excise Act, 1994; Section 4(4)(c) - Test to determine "related party"- buyer and seller had to be interested in one another's businesses. Since two-way traffic is required, there shouldn't be any one-way traffic. Bilag Industries P. Ltd. v. Commr. of Cen. Exc. Daman, 2023 LiveLaw (SC) 257 : 2023 INSC 274

Central Excise and Salt Act, 1944

Central Excise and Salt Act, 1944 - Supreme Court endorses Delhi High Court judgment upholding Section 9D - Pulls up cigarette company for protracting proceedings - Asks it to pay Rs 5 lakh cost to any charitable organisation involved in providing help, assistance and relief to children suffering from cancer. GTC Industries Ltd v. Collector of Central Excise, 2023 LiveLaw (SC) 107 : 2023 INSC 111

Central Excise Tariff Act, 1985

Central Excise Tariff Act, 1985 - Mere broad-basing of entries under the Act, cannot justify re-classification, without a change in the nature, character or use of the product. The revenue department was not justified in seeking to re-open the settled position in relation to the classification of a product, merely on the ground of the amendment made to the Central Excise Tariff in the year 2012, which had made certain changes in Chapter 30 and Chapter 33. While holding that the said changes had no impact on the product in question, the court by applying the twin test of 'common/commercial parlance test' and the 'ingredients test', held that the said product merited classification as 'medicament' under Chapter 30 and not as 'cosmetic or toilet preparations' under Chapter 33 of the First Schedule to the Act. Commissioner of Customs, Central Excise and Service Tax v. Ashwani Homeo Pharmacy, 2023 LiveLaw (SC) 397 : 2023 INSC 483

Central Excise Tariff Act, 1985 - Classification of Automatic Data Processing Machines - Portable - Weight cannot be the sole factor to determine the factum of portability. Instead, the essential ingredients to logically establish whether an ADP is 'portable' are (1) their ability to be carried around easily which includes all aspects such as weight and their dimensions- In appropriate cases, this assessment would also take into consideration the necessary accessories which are required for safe and efficient usage such as mounted stands or any power adapters (1) the ADP must be suitable for daily transit of a consumer and would include aspects such as durability to withstand frequent commute and damage protection - The Concerned Goods are not portable for the reasons (1) the diagonal dimension of the Concerned Goods being minimum of the length of 18.5 inches and the same needs to be transported along with the power cable as well as the applicable stand in most cases if it is to be mounted and (2) there being no protective case designed by the markets for daily transport for these Concerned Goods. Such requirements make the Concerned Goods unable to be carried around easily during daily transit. Hewlett Packard India Sales Pvt. Ltd. v. Commissioner of Customs (Import), 2023 LiveLaw (SC) 43 : AIR 2023 SC 498 : (2023) 1 SCR 1123 : 2023 INSC 50

Central Excise Tariff Act, 1985 - Since the customs authorities wanted to classify the goods differently, the burden of proof to showcase the same was on them. (Para 23) Hewlett Packard India Sales Pvt. Ltd. v. Commissioner of Customs (Import), 2023 LiveLaw (SC) 43 : AIR 2023 SC 498 : (2023) 1 SCR 1123 : 2023 INSC 50

Central Reserve Police Force Act, 1949

Central Reserve Police Force Act, 1949; Section 9, 10 - The misconduct of misbehaving with the superior/senior officer and of insubordination can be said to be a very serious misconduct and cannot be tolerated in a disciplined force like CRPF - Whether a member of the force has committed a heinous offence or a less heinous offence as per Sections 9 and 10 would have bearing on inflicting the punishment as provided under Sections 9 and 10 but has no relevance on the disciplinary proceedings/departmental enquiry for the act of indiscipline and/or insubordination. (Para 6) Union of India v. Const. Sunil Kumar, 2023 LiveLaw (SC) 49 : AIR 2023 SC 554 : (2023) 1 SCR 961 : 2023 INSC 55

Civil Service (Pension) Rules, 1992 (Odisha)

Civil Service (Pension) Rules, 1992 (Odisha); Rule 7 - Right of Government to Withhold or Withdraw Pension - In reference to the officer/employee, who stood retired from service, inquiry indeed can be initiated against him/her, provided sanction is obtained from the Government and must be during the period of 4 years before such institution and the Explanation added to the scheme of Rules makes it abundantly clear that proceedings shall be deemed to be instituted on the date on which the statement of charges are issued to the Government servant/pensioner, as the case may be. Suchismita Mishra v. High Court of Orissa, 2023 LiveLaw (SC) 477

Coal Bearing Areas (Acquisition and Development) Act, 1957

Coal Bearing Areas (Acquisition and Development) Act, 1957; Section 2(d), 11 - The State Government being the original owner can be said to be deemed lessor - The State Government can be said to be the 'person interested' in getting the compensation. (Para 5) Mahanadi Coalfields Ltd. v. State of Odisha, 2023 LiveLaw (SC) 51 : AIR 2023 SC 668 : (2023) 4 SCC 343 : (2023) 1 SCR 1055 : 2023 INSC 63

Coal Bearing Areas (Acquisition and Development) Act, 1957; Section 18(a) - The compensation/rental payable with respect to the lands by the lessee/deemed lessee is altogether different than the royalty. Royalty is for extraction of minerals in the lands in question - The amount of royalty cannot be mixed with the compensation/loss caused to the State Government due to loss of land and surface land rent as the State Government is entitled for the adequate compensation. (Para 5.1, 6) Mahanadi Coalfields Ltd. v. State of Odisha, 2023 LiveLaw (SC) 51 : AIR 2023 SC 668 : (2023) 4 SCC 343 : (2023) 1 SCR 1055 : 2023 INSC 63

Companies Act, 1956

Companies Act, 1956; Section 81 - The Supreme Court has upheld the largely disproportionate allotment of rights share in favour of one group of shareholders of a private limited company, substantially increasing its shareholding percentage in the company over other group of shareholders. The court held that though Section 81(3) of Companies Act, 1956 expressly exempts a private limited company from the purview of Section 81, which deals with further issue of capital; however, notwithstanding the same, the conduct of the Directors is to be judged on a higher yardstick. The court, however, remarked that the fact that the Directors may also benefit from a decision taken primarily with the intention to promote the interest of the Company, cannot vitiate the decision. Thus, even though the Directors who constituted the said shareholders' group, benefited and made a gain from the implementation of a decision taken primarily with a view to safeguard the interest of the Company, it cannot by itself render the decision vulnerable to attack. Hasmukhlal Madhavlal Patel v. Ambika Food Products Pvt Ltd., 2023 LiveLaw (SC) 490 : AIR 2023 SC 2977 : 2023 INSC 582

Companies Act, 2013

Companies Act, 2013 - Upholds the constitutionality of Section 327(7) of the Companies Act, which excludes workers dues from priority payment in the event of liquidation of a company under the Insolvency and Bankruptcy Code 2016 - The object and purpose of amending the Companies Act 2013 and to exclude Sections 326 and 327 in the event of liquidation of a company under IBC seem to be that there may not be two different provisions in respect to the winding up/ liquidation of a company. Therefore, in view of the enactment of the IBC, it was necessary to exclude the applicability of Section 326 and 327 of the 2013 Act, which cannot be said to be arbitrary, as contended on behalf of the petitioners. (Para 6) Moser Baer Karamchari Union v. Union of India, 2023 LiveLaw (SC) 386 : 2023 INSC 479

Companies Act, 2013; Section 140(5) - Challenge to the constitutional validity of section 140(5) fails - Section 140(5) is neither discriminatory, arbitrary and/or violative of Articles 14, 19(1)(g) of the Constitution of India, as alleged - The application/proceedings under section 140(5) of the Act, 2013 is held to be maintainable even after the resignation of the concerned auditors. (Para 16) Union of India v. Deloitte Haskins and Sells LLP, 2023 LiveLaw (SC) 388 : AIR 2023 SC 2576 : 2023 INSC 484

Competition Act, 2002

Competition Act, 2002 - Coal India Ltd. would come under the purview of the Act despite being a Public Sector Undertaking. Coal India Ltd v. Competition Commission of India, 2023 LiveLaw (SC) 484 : AIR 2023 SC 3122 : 2023 INSC 580

Consumer Protection Act, 1986

Consumer Protection Act, 1986; Section 12(1)(c) – Code of Civil Procedure, 1908; Order 1 Rule 8 - The need for the application of Order I Rule 8 CPC, which speaks of a plaintiff representing the other public as a whole would be required only in a case involving a complaint under Section 12(1)(c) of the 1986 Act. In other words, it does not have any application when similarly placed complainants jointly make a complaint seeking the very same relief. In such a case, there is no question of Order I Rule 8 CPC being complied with as they do not represent the others, particularly when there is no larger public interest involved. Such complainants seek reliefs for themselves and nothing beyond. (Para 17) Alpha G184 Owners Association v. Magnum International Trading Company Pvt. Ltd., 2023 LiveLaw (SC) 442 : AIR 2023 SC 2527 : 2023 INSC 536

Consumer Protection Act, 1986; Section 2(1)(b)(i) – Definition of 'consumer' includes 'consumers' - Joint complaint by multiple consumers need not be filed in representative capacity. Consumer Protection Act, 1986; Section 13(6) – Code of Civil Procedure, 1908; Order 1 Rule 8 - When a few consumers who have the same interest seeking the same relief file a joint complaint without any larger public interest involved, it need not be filed in a representative capacity. Alpha G184 Owners Association v. Magnum International Trading Company Pvt. Ltd., 2023 LiveLaw (SC) 442 : AIR 2023 SC 2527 : 2023 INSC 536

Consumer Protection Act, 2019 - The 2019 Act facilitates the consumers to approach the forums by providing a very flexible procedure. It is meant to encourage consumerism in the country. Any technical approach in construing the provisions against the consumer would go against the very objective behind the enactment. (Para 15) Alpha G184 Owners Association v. Magnum International Trading Company Pvt. Ltd., 2023 LiveLaw (SC) 442 : AIR 2023 SC 2527 : 2023 INSC 536

Consumer Protection Act, 1986 - Tests to determine if goods or services were purchased or availed for commercial purposes - Two fold tests- (i) whether the goods are purchased for resale or for commercial purpose; or (ii) whether the services are availed for any commercial purpose - If the goods are purchased for resale or for commercial purpose, then such consumer would be excluded from the coverage of the Act, 1986. For example, if a manufacturer who is producing product A, for such production he may be required to purchase articles which may be raw material, then purchase of such articles would be for commercial purpose. As against this, if the same manufacturer purchases a refrigerator, television or air-conditioner for his use at his residence or even for his office has no direct or indirect nexus to generate profits, cannot be held to be for commercial purpose and for afore-stated reason he is qualified to approach the Consumer Forum under the Act, 1986 - Similarly, a hospital which hires services of a medical practitioner, it would be a commercial purpose, but if a person avails such services for his ailment, it would be held to be a noncommercial purpose. (Para 39) National Insurance Co. Ltd. v. Harsolia Motors, 2023 LiveLaw (SC) 313 : 2023 INSC 367

Consumer Protection Act, 1986 - The Act, 1986 is a social benefit-oriented legislation and, therefore, the Court has to adopt a constructive liberal approach while construing the provisions of the Act - The provisions of the Act, 1986 thus have to be construed in favour of the consumer to achieve the purpose of enactment as it is a social benefit-oriented legislation. (Para 21, 24) National Insurance Co. Ltd. v. Harsolia Motors, 2023 LiveLaw (SC) 313 : 2023 INSC 367

Consumer Protection Act, 1986 - there is no such exclusion from the definition of the term “consumer” either to a commercial enterprise or to a person who is covered under the expression “person” defined in Section 2(1)(m) of the Act, 1986 merely because it is a commercial enterprise. (Para 36) National Insurance Co. Ltd. v. Harsolia Motors, 2023 LiveLaw (SC) 313 : 2023 INSC 367

Consumer Protection Act, 1986 - Whether a commercial enterprise can be held to be a "consumer" in relation to dispute relating to insurance policy availed by it - Held yes in the facts of the case - hiring of insurance policy is clearly an act for indemnifying a risk of loss/damages and there is no element of profit generation - clarifies that it is not a general rule and depends on the facts of the case. (Para 44 to 47) National Insurance Co. Ltd. v. Harsolia Motors, 2023 LiveLaw (SC) 313 : 2023 INSC 367

Consumer Protection Act, 1986; Section 2(1)(d) - Taking a wide meaning of the words “for any commercial purpose”, it would mean that the goods purchased or services hired should be used in any activity directly intended to generate profit. Profit is the main aim of commercial purpose, but in a case where goods purchased or services hired is an activity, which is not directly intended to generate profit, it would not be a commercial purpose. (Para 40) National Insurance Co. Ltd. v. Harsolia Motors, 2023 LiveLaw (SC) 313 : 2023 INSC 367

Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of President and Members of State Commission and District Commission) Rules, 2020 - Rule 3 prescribed a minimum professional experience of 20 years for consideration to appointment of members as State Consumer Commissions- Rule 4 prescribed a minimum professional experience of 20 years for consideration to appointment of members as District Consumer Commissions- Rules struck down as violative of the SC judgment in Madras Bar Association judgment which held that lawyers with 10 years of professional experience are eligible for appointment as Tribunal members -the High Court in the impugned judgment and order has rightly observed and held that Rule 3(2)(b), Rule 4(2)(c) and Rule 6(9) of the Rules, 2020 which are contrary to the decisions of this Court in the cases of State of Uttar Pradesh and Others Vs. All Uttar Pradesh Consumer Protection Bar Association; (2017) 1 SCC 444 and the Madras Bar Association Vs. Union of India and Another; (2021) 7 SCC 369 are unconstitutional and arbitrary. (Para 6.4) Ministry of Consumer Affairs v. Dr. Mahindra Bhaskar Limaye, 2023 LiveLaw (SC) 161 : AIR 2023 SC 1371 : 2023 INSC 209

Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of President and Members of State Commission and District Commission) Rules, 2020 - Rule 6(9) lacks transparency and it confers uncontrolled discretion and excessive power to the Selection Committee. Under Rule 6(9), the Selection Committee is empowered with the uncontrolled discretionary power to determine its procedure to recommend candidates to be appointed as President and Members of the State and District Commission. (Para 6.5) Ministry of Consumer Affairs v. Dr. Mahindra Bhaskar Limaye, 2023 LiveLaw (SC) 161 : AIR 2023 SC 1371 : 2023 INSC 209

Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of President and Members of State Commission and District Commission) Rules, 2020 - Till the amendments are made in order to do complete justice under A. 142 we direct that in future a person having Bachelor's degree from a recognised university and who is a person of ability, integrity standing and having special knowledge and professional experience of not less than 10 years in consumer affairs, law, public affairs, administration etc. shall be treated as qualified for appointment as President and member of State and District Commission. We also direct that for appointment the appointment shall be based on the performance in 2 papers. Qualifying marks in the papers shall be 50% and there must be a viva for 50 marks each. (Para 8.2) Ministry of Consumer Affairs v. Dr. Mahindra Bhaskar Limaye, 2023 LiveLaw (SC) 161 : AIR 2023 SC 1371 : 2023 INSC 209

Consumer Protection Act 1986 - Flat-owners' rights - If complaints were to be spurned on the specious ground that the consumers knew what they were purchasing, the object and purpose of the enactment would be defeated-in most cases, the jurisdiction of NCDRC is invoked post-purchase-Any deficiency detected post-purchase opens up an avenue for the aggrieved consumer to seek relief before the consumer for a. (Para 11) Debashis Sinha v. RNR Enterprise, 2023 LiveLaw (SC) 92 : AIR 2023 SC 840 : (2023) 3 SCC 195 : 2023 INSC 114

Consumer Protection Act 1986 - Supreme Court terms Rs 2 crores compensation awarded by the NCDRC for a bad hair-cut suffered by a model at a 5-star hotel saloon as excessive and disproportionate-quantification of compensation has to be based upon material evidence and not on the mere asking. (Para 13, 15) ITC Ltd. v. Aashna Roy, 2023 LiveLaw (SC) 87 : AIR 2023 SC 827 : (2023) 5 SCC 655 : 2023 INSC 100

Consumer Protection Act, 1986 - Kolkata Municipal Corporation Act - Builder has obligation to seek completion certificate-It is no part of the flat owner's duty to apply for a completion certificate. (Para 18, 19) Debashis Sinha v. RNR Enterprise, 2023 LiveLaw (SC) 92 : AIR 2023 SC 840 : (2023) 3 SCC 195 : 2023 INSC 114

Consumer Protection Act, 1986 - The proceedings before the Commission being summary in nature, the complaints involving highly disputed questions of facts or the cases involving tortious acts or criminality like fraud or cheating, could not be decided by the Forum/Commission under the said Act. The “deficiency in service”, as well settled, has to be distinguished from the criminal acts or tortious acts. There could not be any presumption with regard to the wilful fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance in service, as contemplated in Section 2(1)(g) of the Act. The burden of proving the deficiency in service would always be upon the person alleging it. (Para 12) Chairman & Managing Director, City Union Bank Ltd. v. R. Chandramohan, 2023 LiveLaw (SC) 251 : AIR 2023 SC 1762 : 2023 INSC 300

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

Contempt of Courts Act, 1971

Contempt of Courts Act, 1971 - The Supreme Court has sentenced a non-resident Indian to six months imprisonment and imposed a fine of Rs 25 lakhs for contempt of court, for failing to bring back his minor son to India in terms of the orders passed by the top court from time to time and the undertaking given by him before the court to this effect. The acts and omissions of the contemnor, amounted to both civil and criminal contempt, calling for a strict action against him. The power of the court to punish a person for contempt is unrestricted by the Act. Meenal Bhargava v. Naveen Sharma, 2023 LiveLaw (SC) 475 : 2023 INSC 540

Cultivating Tenants Protection Act, 1955 (Tamil Nadu)

Cultivating Tenants Protection Act, 1955 (Tamil Nadu); Section 3 - Late payment of rent as per the direction of the Revenue Court, is clearly a valid ground for effecting eviction of the cultivating tenant. The 1955 Act confers a privilege on the cultivating tenant vis-a-vis the landlord, by which the cultivating tenant is protected from eviction by the landlord. Further, the scope of eviction of the cultivating tenant at the behest of the landlord, is circumscribed by the Act. Thus, the limited grounds for eviction of the cultivating tenant by the landlord under the Act, must not be frustrated by granting some extra benefit or indulgence to the cultivating tenant. K. Chinnammal v. L.R. Eknath, 2023 LiveLaw (SC) 437 AIR 2023 SC 3534 : (2023) 6 SCR 831 : 2023 INSC 518

Customs Act, 1962

Customs Act, 1962 - The Supreme Court delivered a split verdict in respect to the issue whether jurisdiction of Settlement Commission under Section 127B of the Customs Act, 1962 can be invoked in relation to goods to which Section 123 applies. While considering the conflicting judgments of the Bombay High Court and the Delhi High Court the bench expressed divergent views. Supporting the law laid down by the Bombay High Court, Justice Krishna Murari opined that in cases of seizures of smuggled goods within the customs areas, Section 123 of the Customs Act would not be applicable and the accused can make application to Settlement Commission under Section 127B. Justice Sanjay Karol opined that the bar in Section 127B precludes filing an application for settlement in relation to goods to which Section 123 applies [for example gold and watches are specified under S.123]. The Division Bench asked the Registry to place the matter before the Chief Justice of India for appropriate order. Yamal Manojbhai v. Union of India, 2023 LiveLaw (SC) 399 : 2023 INSC 498

Customs Act, 1962 - The Supreme Court has upheld the withdrawal of customs notification which granted customs duty concession to “Rotary Printing Machine” of 'single width two plate variety', on the ground of indigenous angle, i.e., availability of the equipment in India. The same cannot be characterized as an irrelevant factor for withdrawing tax concession. The grant of exemption to a class of goods, which are similar to those manufactured within the country, is likely to adversely impact such manufacturers or producers. Thus, the same is a germane and relevant factor for withdrawal of such exemption. The executive has an exclusive domain in fiscal and economic matters, including determining the relevant factors for granting, refusing or amending exemptions. Thus, the role of the court is confined to decide if the executive's decision is backed by germane and not irrelevant reasons. Union of India v. A.B.P. Pvt. Ltd; 2023 LiveLaw (SC) 430 : AIR 2023 SC 2343 : 2023 INSC 525

Drugs and Cosmetics Act, 1940

Drugs and Cosmetics Act, 1940 - Supreme Court quashes criminal proceedings initiated against a doctor for stocking small quantities of medicine - Such stocking will not amount to the offence of unauthorized stocking of medicines as per Section 18(c) - When small quantity of medicine has been found in the premises of a registered medical practitioner, it would not amount to selling their medicines across the counter in an open shop. (Para 9) S. Athilakshmi v. State rep. by the Drugs Inspector, 2023 LiveLaw (SC) 194 : (2023) 2 SCR 914 : 2023 INSC 237

Drugs and Cosmetics Act, 1940; Sections 18 and 27 - The provisions of Section 18 and 27 are relevant provisions under the law, which have a social purpose, which is to protect ordinary citizens from being exploited inter alia, by unethical medical practitioners, and for this reason the punishment under Section 27 can extend up to 5 years under the law, and has a minimum punishment of 3 years. But given the facts and circumstances of the case and considering that the Appellant is a registered medical practitioner, along with the fact that the quantity of medicines which have been seized is extremely small, a quantity which can be easily found in the house or a consultation room of a doctor, in our considered view no offence is made out in the present case. (Para 9) S. Athilakshmi v. State rep. by the Drugs Inspector, 2023 LiveLaw (SC) 194 : (2023) 2 SCR 914 : 2023 INSC 237

Drugs and Cosmetics Rules, 1940; Rule 123 - Schedule K - Drugs stored by a doctor exempted from offence of unauthorized stocking and selling under certain conditions. (Para 8) S. Athilakshmi v. State rep. by the Drugs Inspector, 2023 LiveLaw (SC) 194 : (2023) 2 SCR 914 : 2023 INSC 237

Electricity Act, 2003

Electricity Act 2003; Section 84 (2) - Appointment of the Chairperson - The substantive part of sub-section (2) indicates that the State Government may appoint any person as the Chairperson from “amongst persons who is, or has been, a Judge of a High Court”. However, in terms of the proviso, an appointment under the subsection has to be made only after consultation with the Chief Justice “of that High Court”. The expression “of that High Court” makes it abundantly clear that the consultation has to be made with the Chief Justice of the High Court from which the Judge or, as the case may be, the former Judge is drawn. Govt of NCT of Delhi v. Office of LG of NCT of Delhi, 2023 LiveLaw (SC) 476

Electricity Act, 2003 - In the exercise of the jurisdiction under Article 142 of the Constitution, the Electric Utilities have been directed in the facts of cases before us to waive the outstanding interest accrued on the principal dues from the date of application for supply of electricity by the auction purchasers. K.C. Ninan v. Kerala State Electricity Board, 2023 LiveLaw (SC) 453 : 2023 INSC 560

Electricity Act, 2003 - The implication of the expression “as is where is” basis is that every intending bidder is put on notice that the seller does not undertake responsibility in respect of the property offered for sale with regard to any liability for the payment of dues, like service charges, electricity dues for power connection, and taxes of the local authorities. K.C. Ninan v. Kerala State Electricity Board, 2023 LiveLaw (SC) 453 : 2023 INSC 560

Electricity Act, 2003; Section 178 - In a case where the matter is governed by express terms of the contract, the Central Electricity Regulatory Commission cannot, even donning the garb of a regulatory body, go beyond the express terms of the contract. A regulation made under Section 178 of the Act has the effect of interfering and overriding the existing contractual relationship between the regulated entities. However, while it may be open for a regulation to extricate a party from its contractual obligations, the Commission cannot in the course of its adjudicatory power, use the nomenclature regulation to usurp this power to disregard the terms of the contract. The Appellate Tribunal for Electricity cannot discover a new 'change in law' which the parties have not contemplated as change in law, and the Tribunal cannot rewrite the contract and create a new bargain between the parties. Haryana Power Purchase Centre v. Sasan Power Ltd; 2023 LiveLaw (SC) 409 : 2023 INSC 326

Electricity Act, 2003; Section 43 - For an application to be considered as a 'reconnection', the applicant has to seek supply of electricity with respect to the same premises for which electricity was already provided. Even if the consumer is the same, but the premises are different, it will be considered as a fresh connection and not a reconnection. K.C. Ninan v. Kerala State Electricity Board, 2023 LiveLaw (SC) 453 : 2023 INSC 560

Electricity Act, 2003; Section 43 - The duty to supply electricity under Section 43 of the 2003 Act is not absolute, and is subject to the such charges and compliances stipulated by the Electric Utilities as part of the application for supply of electricity. K.C. Ninan v. Kerala State Electricity Board, 2023 LiveLaw (SC) 453 : 2023 INSC 560

Electricity Act, 2003; Section 43 - The duty to supply electricity under Section 43 is with respect to the owner or occupier of the premises. The 2003 Act contemplates a synergy between the consumer and premises. Under Section 43, when electricity is supplied, the owner or occupier becomes a consumer only with respect to those particular premises for which electricity is sought and provided by the Electric Utilities. K.C. Ninan v. Kerala State Electricity Board, 2023 LiveLaw (SC) 453 : 2023 INSC 560

Electricity Act, 2003; Section 49 - A condition of supply enacted under Section 49 of the 1948 Act requiring the new owner of the premises to clear the electricity arrears of the previous owner as a precondition to availing electricity supply will have a statutory character. K.C. Ninan v. Kerala State Electricity Board, 2023 LiveLaw (SC) 453 : 2023 INSC 560

Electricity Act, 2003; Section 50 - The Electricity Supply Code providing for recoupment of electricity dues of a previous consumer from a new owner have a reasonable nexus with the objects of the 2003 Act. K.C. Ninan v. Kerala State Electricity Board, 2023 LiveLaw (SC) 453 : 2023 INSC 560

Electricity Act, 2003; Section 50 - The scope of the regulatory powers of the State Commission under Section 50 of the 2003 Act is wide enough to stipulate conditions for recovery of electricity arrears of previous owners from new or subsequent owners. K.C. Ninan v. Kerala State Electricity Board, 2023 LiveLaw (SC) 453 : 2023 INSC 560

Electricity Act, 2003; Section 56 - The power to initiate recovery proceedings by filing a suit against the defaulting consumer is independent of the power to disconnect electrical supply as a means of recovery under Section 56 of the 2003 Act. K.C. Ninan v. Kerala State Electricity Board, 2023 LiveLaw (SC) 453 : 2023 INSC 560

Electricity Act, 2003; Sections 50 and 181 - The rule making power contained under Section 181 read with Section 50 of the 2003 Act is wide enough to enable the regulatory commission to provide for a statutory charge in the absence of a provision in the plenary statute providing for creation of such a charge. K.C. Ninan v. Kerala State Electricity Board, 2023 LiveLaw (SC) 453 : 2023 INSC 560

Electricity Act, 2003 – Appeal under Section 125 – Plea of Fraud, Coercion, Duress, or Undue Influence – Party that sets up plea of fraud, coercion, duress, or undue influence must prima facie establish it by laying out material facts – Appellate Tribunal for Electricity (APTEL) not to render findings on coercion without proper and specific pleadings, adequate evidence, or without conducting a probe, in a casual or cavalier way – Held, concurrent findings of APTEL and state commission unsustainable owing to the absence of evidence of coercion and particularity of pleadings beyond a bare allegation – Appeal allowed. Gujarat Urja Vikas Nigam v. Renew Wind Energy (Rajkot) Pvt. Ltd., 2023 LiveLaw (SC) 315 : 2023 INSC 366

Electricity Act, 2003 - Supreme Court has lamented the practice of Distribution Companies (DISCOMS) and power generating companies pursuing endless litigation challenging the concurrent findings arrived at by the Central Electricity Regulatory Commission (CERC) and the Appellate Tribunal for Electricity (APTEL). The Court has asked the Union of India through the Ministry of Power (MoP), to evolve a mechanism so as to ensure timely payment by DISCOMS to the power generating companies under the Power Purchase Agreements (PPAs). All additional charges which are payable on account of orders, directions, Notifications, Regulations, etc., issued by the instrumentalities of the State, after the cut-off date specified in the PPAs, will have to be considered to be 'Change in Law' events for payment of compensation under the PPAs. GMR Warora Energy Ltd. v. Central Electricity Regulatory Commission (CERC), 2023 LiveLaw (SC) 329 : 2023 INSC 398

Electricity Act, 2003 - Compensation for "Change in Law" clause in PPA - SC dismisses petition filed by Maharashtra State Electricity Distribution Company Limited challenging the 'Change in Law' compensation granted by the Appellate Tribunal for Electricity to Adani Power Maharashtra Limited and GMR Warora Energy Limited-we find that the stand taken by the DISCOMS that, since the loss being sustained by the generating companies is on account of non-fulfillment of obligation by CIL/Coal Companies, they should be relegated to the remedy available to them in law against the CIL/Coal Companies, is totally unreasonable. The claim is based on change of NCDP 2007 by NCDP 2013, which, undisputedly, is covered by the term 'Change in Law. (Para 151) Maharashtra State Electricity Distribution Company Ltd. v. Adani Power Maharashtra Ltd., 2023 LiveLaw (SC) 166 : AIR 2023 SC 1495 : (2023) 7 SCC 401 : 2023 INSC 208

Electricity Act, 2003 - Diversion of gas to other generating stations not sufficient ground to seek compensation when Power Purchase Agreement (PPA) has no such provision. Penna Electricity Ltd. (Now Pioneer Power Ltd.) v. Tamil Nadu Electricity Board, 2023 LiveLaw (SC) 221 : 2023 INSC 235

Electricity Act, 2003 - The Court took note of the fact that the DISCOMS (Distribution Companies) which are instrumentalities of the State had taken contrary view to that of the Union Government, which contemplates that the generators would be entitled to pass-through for the coal required to be imported or purchased from the open market on the ground of Change in Law. Referring to Central Warehousing Corporation v. Adani Ports Special Economic Zone Limited (APSEZL) And Ors. (2022), the Court observed that the Apex Court had deprecated the practice of different instrumentalities of the State taking contradictory / different positions / stands on the same issue - We have come across a number of matters wherein concurrent orders passed by the Regulatory Body and the Appellate Forum are assailed. Such a litigation would, in fact, efface the purpose of the Electricity Act. As already discussed herein above, one of the major reasons for the enactment of the Electricity Act was the deterioration in performance of the State Electricity Boards. (Para 150) Maharashtra State Electricity Distribution Company Ltd. v. Adani Power Maharashtra Ltd., 2023 LiveLaw (SC) 166 : AIR 2023 SC 1495 : (2023) 7 SCC 401 : 2023 INSC 208

Employees' State Insurance Act, 1948

Employees' State Insurance Act, 1948 - ESI Act should be given liberal interpretation and should be interpreted in such a manner so that social security can be given to the employees. (Para 6, 6.1) ESI Corporation v. Radhika Theatre, 2022 LiveLaw (SC) 53 : AIR 2023 SC 673 : (2023) 1 SCR 1045 : 2023 INSC 60

Employees' State Insurance Act, 1948; Section 1 (6) - Prior to insertion of Sub-section (6) of Section 1 of the ESI Act, only those establishments/factories engaging more than 20 employees were governed by the ESI Act. However, thereafter, Sub-section (6) of Section 1 of the ESI Act has been inserted on 20.10.1989, and after 20.10.1989 there is a radical change and under the amended provision a factory or establishment to which ESI Act applies would be governed by the ESI Act notwithstanding that the number of persons employed therein at any time falls below the limit specified by or under the ESI Act. Therefore, on and after 20.10.1989, irrespective of number of persons employed a factory or an establishment shall be governed by the ESI Act. (Para 7) ESI Corporation v. Radhika Theatre, 2022 LiveLaw (SC) 53 : AIR 2023 SC 673 : (2023) 1 SCR 1045 : 2023 INSC 60

Employees' State Insurance Act, 1948; Section 1 (6) - Sub-section (6) of Section 1 shall be applicable even with respect to those establishments, established prior to 31.03.1989/20.10.1989 and the ESI Act shall be applicable irrespective of the number of persons employed or notwithstanding that the number of persons employed at any time falls below the limit specified by or under the ESI Act - Only in case of demand notice for the period prior to inserting Sub-section (6) of Section 1 of the Act, it can be said that the same provision has been applied retrospectively. (Para 7) ESI Corporation v. Radhika Theatre, 2022 LiveLaw (SC) 53 : AIR 2023 SC 673 : (2023) 1 SCR 1045 : 2023 INSC 60

Employees' State Insurance Act, 1948; Sections 53, 61 - Motor Vehicle Act, 1988; Section 163A, 167 - Can an employee insured under the Employees' State Insurance Act, 1948, claim compensation under the Motor Vehicles Act - Whether the insurance amount paid under the ESI Act is a “similar benefit” as the compensation which is claimed in a case where there is a Motor Vehicle accident and claim subsists so as to bar the same - Referred to larger bench. Rajkumar Agrawal v. Vehicle Tata Venture, 2023 LiveLaw (SC) 62

Environment Protection Act, 1986

Environment Protection Act, 1986 - Supreme Court upholds the directions of NGT Chennai that all petroleum outlets in cities having population of more than 10 lakh and having turnover of more than 300 KL/Month shall install the Vapour Recovery System (VRS) mechanism- SC however sets aside NGT directions that new petroleum outlets should mandatorily obtain Consent to Establish and existing outlets should have Consent to Operate. Indian Oil Corporation Ltd. v. VBR Menon, 2023 LiveLaw (SC) 185 : AIR 2023 SC 1573 : (2023) 7 SCC 368 : 2023 INSC 231

Environment (Protection) Rules, 1986

Environment (Protection) Rules, 1986 – Rule 5 - The area to be declared as ESZ cannot be uniform and will be Protected Area specific. In some cases, it may be 10 kilometres on one side and 500 meters on the other side. In certain cases, it may not be possible to have a uniform minimum area by virtue of inter-state boundaries or a sea or a river beyond one side of the Protected Area. In any case, a detailed procedure is required to be followed as prescribed under Rule 5 of the 1986 Rules. Once such a notification is issued after following the procedure prescribed under the 1986 Rules, the ESZs will have to be as per the said notification. In Re: T.N. Godavarman Thirumulpad v. Union of India, 2023 LiveLaw (SC) 351 : 2023 INSC 430

Essential Commodities Act, 1955

Essential Commodities Act, 1955; Section 7 - Person convicted for unauthorized possession of LPG cylinders acquitted - SI who took action was found to be not an authorized officer who could take action under the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order - In the absence of the authority and power with the Sub-Inspector to take action as per the Order, the proceedings initiated by him will be totally unauthorised and have to be struck down - Where a power is given to do a certain thing in a certain way, the thing must be done in that way or not at all. Other methods are necessarily forbidden. Avtar Singh v. State of Punjab, 2023 LiveLaw (SC) 272 : AIR 2023 SC 1588 : 2023 INSC 280

Hindu Adoptions and Maintenance Act, 1956

Hindu Adoptions and Maintenance Act, 1956; Sections 8 and 12 - On adoption by a widow, the adopted son or daughter is deemed to be a member of the family of the deceased husband of the widow - Referred to Sawan Ram vs. Kalawanti, A.I.R. 1967 SC 1761 and Sitabai vs. Ramchandra, A.I.R. 1970 SC 343 - The provisions of the HAMA Act, 1956 determine the rights of a son adopted by a Hindu widow only vis-à-vis his adoptive family. (Para 9-10) Shri Ram Shridhar Chimurkar v. Union of India, 2023 LiveLaw (SC) 40 : AIR 2023 SC 618 : (2023) 4 SCC 312 : (2023) 1 SCR 931 : 2023 INSC 49

Hindu Marriage Act, 1955

Hindu Marriage Act, 1955; Section 13B(2) - Waiting period for mutual consent divorce can be waived by Supreme Court invoking Article 142 powers - this Court, in view of settlement between the parties, has the discretion to dissolve the marriage by passing a decree of divorce by mutual consent, without being bound by the procedural requirement to move the second motion. This power should be exercised with care and caution - This Court can also, in exercise of power under Article 142(1) of the Constitution of India, quash and set aside other proceedings and orders, including criminal proceedings. Shilpa Sailesh v. Varun Sreenivasan, 2023 LiveLaw (SC) 375 : 2023 INSC 468

Hindu Marriage Act, 1955; Section 13(1)(ia) - Irretrievable breakdown of marriage can be read as "cruelty" - a marital relationship which has only become more bitter and acrimonious over the years, does nothing but inflicts cruelty on both the sides. To keep the façade of this broken marriage alive would be doing injustice to both the parties. A marriage which has broken down irretrievably, in our opinion spells cruelty to both the parties, as in such a relationship each party is treating the other with cruelty. It is therefore a ground for dissolution of marriage under Section 13 (1) (ia) of the Act - Long separation and absence of cohabitation and the complete breakdown of all meaningful bonds and the existing bitterness between the two, has to be read as cruelty under Section 13(1) (ia) of the 1955 Act. (Para 17, 18) Rakesh Raman v. Kavita, 2023 LiveLaw (SC) 353 : AIR 2023 SC 2144 : 2023 INSC 433

Hindu Succession Act, 1956

Hindu Succession Act 1956 - Partition Suit - Effect of 2005 amendment to pending partition suit - As the law governing the parties has been amended before the conclusion of the final decree proceedings, the party benefitted by such amendment (like the two daughters in the case on hand) can make a request to the Trial Court to take cognizance of the Amendment and give effect to the same. (Para 80) Prasanta Kumar Sahoo v. Charulata Sahu, 2023 LiveLaw (SC) 262 : 2023 INSC 319

Hindu Succession Act 1956 - the institution of a suit for partition by a member of a joint family is a clear intimation of his intention to separate, and there was consequential severance of the status of jointness - In case during the pendency of partition suit or during the period between the passing of preliminary decree and final decree in the partition suit, any legislative amendment or any subsequent event takes place which results in enlargement or diminution of the shares of the parties or alteration of their rights, whether such legislative amendment or subsequent event can be into consideration and given effect to while passing final decree in the partition suit - Even though filing of partition suit brings about severance of status of jointness, such legislative amendment or subsequent event will have to be taken into consideration and given effect to in passing the final decree in the partition suit - This is because, the partition suit can be regarded as fully and completely decided only when the final decree is passed. It is by a final decree that partition of property of joint Hindu Family takes place by metes and bounds. (Para 73(C)) Prasanta Kumar Sahoo v. Charulata Sahu, 2023 LiveLaw (SC) 262 : 2023 INSC 319

IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016

IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 - Regulation 30 - NCLT as well as NCLAT were right in holding that the possession of the Corporate Debtor, of the property needs to be protected. This is why a direction under Regulation 30 had been issued to the local district administration. (Para 50) Victory Iron Works Ltd. v. Jitendra Lohia, 2023 LiveLaw (SC) 193 : (2023) 7 SCC 227 : 2023 INSC 230

Intermediate Education Act, 1921 (Uttar Pradesh)

Intermediate Education Act, 1921 (Uttar Pradesh); Section 16-FF(3) - the process of appointment of Teachers under the Act is not concluded without obtaining the mandatory approval of the District Inspector of Schools (“DIOS”). There is no vested right of the candidate to be appointed merely because the selection process has been completed. Section 16-FF(3) mandates the approval by the DIOS for appointment as the Head of Institution or Teacher. State of Uttar Pradesh v. Rachna Hills, 2023 LiveLaw (SC) 360 : 2023 INSC 441

Intermediate Education Act, 1921 (Uttar Pradesh); Section 16-FF(3) - the Act does not contemplate 'deemed appointment' of a candidate if the District Inspector of Schools (“DIOS”) does not approve the proposal for appointment of the candidate within 15 days period, as given under Regulation 18. The selection process of the candidate concludes only after the mandatory approval of the DIOS is granted. Section 16-FF(3) of the Act itself makes approval by DIOS mandatory for appointment to the post of teacher. Therefore, a Regulation made under the said Act could not have provided for a 'deemed appointment'. Subordinate legislation cannot transcend the prescription of a statutory provision. State of Uttar Pradesh v. Rachna Hills, 2023 LiveLaw (SC) 360 : 2023 INSC 441

Intermediate Education Act, 1921 (Uttar Pradesh); Section 16-FF(3) - the vacancies to the teaching posts in Uttar Pradesh which arose prior to amendment of Regulation 17 are to be governed by amended rules. The amendment to Regulation 17 was notified on 12.03.2018 and it now prescribes a written examination for the selection of Teachers in minority institutions. It is a settled principle of law that a candidate has a right to be considered in the light of existing Rules, which implies Rules in force as on the date of consideration. State of Uttar Pradesh v. Rachna Hills, 2023 LiveLaw (SC) 360 : 2023 INSC 441

Land Acquisition Act, 1894

Land Acquisition Act, 1894 - Allotment of Plot - Demand of Additional Price - The dispute pertains to demand of additional price for the allotment of plot to the Respondent - the additional price can be demanded in case there is enhancement in cost of the land awarded by the competent authority under the Land Acquisition Act. It is the admitted case of the Appellants that the land for allotment of the plot was never acquired. Hence, there could not be any enhancement in the cost of the land by any authority or court under the Land Acquisition Act. From these undisputed facts on record and the terms and conditions contained in the allotment letter, there is no illegality committed by the learned court below in setting aside the demand of the additional price of the plot allotted to the Respondent. There is no merit in the present appeal. (Para 12 - 13) Haryana Urban Development Authority v. Jagdeep Singh, 2023 LiveLaw (SC) 429 : AIR 2023 SC 2257 : 2023 INSC 503

Land Acquisition Act, 1894 - The Act was made applicable to the whole of India except the State of Jammu and Kashmir. In the absence of the exercise of power by the Hon'ble Governor under sub-clause (1) of Clause 5 of the Fifth Schedule, the said law was applicable to the Scheduled Area. (Para 18) Adivasis for Social and Human Rights Action v. Union of India, 2023 LiveLaw (SC) 431 : AIR 2023 SC 2658 : 2023 INSC 512

Land Acquisition Act, 1894 - If the land is continued to be under temporary acquisition for number of years, meaning and purpose of temporary acquisition would lose its significance. Temporary acquisition cannot be continued for approximately 20 to 25 years. It cannot be disputed that once the land is under temporary acquisition and the same is being used by the ONGC for oil exploration, it may not be possible for the landowners to use the land; to cultivate the same and/or to deal with the same in any manner. (Para 7) Manubhai Sendhabhai Bharwad v. Oil and Natural Gas Corporation Ltd; 2023 LiveLaw (SC) 55 : AIR 2023 SC 992 : (2023) 1 SCR 1021 : 2023 INSC 61

Land Acquisition Act, 1894; Section 5A - Merely because Section 5A has not been mentioned in the said order, the entire acquisition proceedings including notifications under Sections 4 & 6 of the Act, 1894 and more particularly the declaration which was issued after considering the report/objections under section 5A cannot be declared illegal. When the Collector has exercised the power of the appropriate government and a declaration under section 6 of the Act has been issued after considering the report on the objections under Section 5A of the Act, the High Court has seriously erred in quashing and setting aside the entire acquisition proceedings on the aforesaid ground. (Para 12, 12.3) Indore Development Authority v. Burhani Grih Nirman Sahakari Sanstha Maryadit Sneh Nagar, 2023 LiveLaw (SC) 183 : AIR 2023 SC 1401 : (2023) 2 SCR 84 : 2023 INSC 200

Land Reforms Act, 1954 (Delhi)

Land Reforms Act, 1954 (Delhi) - Municipal Corporation Act, 1957 (Delhi) - Land Reforms Act not applicable to area covered under Municipal Corporation Act - Once a notification has been published in exercise of power under Section 507(a) of the Act, 1957, the provisions of the Act, 1954 cease to apply. (Para 36) Mohinder Singh v. Narain Singh, 2023 LiveLaw (SC) 191 : AIR 2023 SC 1427 : 2023 INSC 223

Land Revenue Act, 1887 (Punjab)

Land Revenue Act, 1887 (Punjab) - the partition having been accepted as per the “Naksha Be”, the joint status of the parties stood severed. The High Court misinterpreted the provisions of Punjab Land Revenue Act, 1887 and erred in setting aside the judgments and decrees passed by the trial court and the appellate court. The Bench quashed the order of the High Court and allowed the appeal. Jhabbar Singh v. Jagtar Singh, 2023 LiveLaw (SC) 324 : AIR 2023 SC 2074 : 2023 INSC 373

Land Revenue Act, 1887 (Punjab) ; Section 118 - Disposal of other question - When a Revenue Officer takes a decision under Section 118 of Punjab Land Revenue Act, for partition of property, then the said partition would stand completed and the joint status of the parties would stand severed; subject to the decision in appeal if any preferred by the party. The further proceeding to draw an instrument of partition would be only an executory or ministerial work to be carried out to completely dispose of the partition case. Hence, merely because the instrument of partition was not drawn, it could not be said that the partition was not completed or that the joint status of the parties was not severed. (Para 30) Jhabbar Singh v. Jagtar Singh, 2023 LiveLaw (SC) 324 : AIR 2023 SC 2074 : 2023 INSC 373

Licensing of Auction Platform Rules, 1981

Licensing of Auction Platform Rules, 1981 - Merely because a person is having a licence and doing business in a particular shop, he is not entitled to the auction platform as a matter of right and that too, in front of and/or adjacent to his shop. (Para 6.6) Gurjit Singh v. Union Territory, 2023 LiveLaw (SC) 180 : AIR 2023 SC 1395 : 2023 INSC 199

Limitation Act, 1963

Limitation Act, 1963; Section 3, 5 - Code of Civil Procedure, 1908; Section 96, 149 - Being short of sufficient funds to pay court fee is not a reason to condone delay in filing appeal - In such a scenario, an appeal can be filed in terms of Section 149 CPC and thereafter the defects can be removed by paying deficit court fees. (Para 5-10) Ajay Dabra v. Pyare Ram, 2023 LiveLaw (SC) 69 : AIR 2023 SC 698 : (2023) 1 SCR 449 : 2023 INSC 90

Limitation Act, 1963; Section 3, 5 - Code of Civil Procedure, 1908; Section 96 - An appeal has to be filed within the stipulated period, prescribed under the law. Belated appeals can only be condoned, when sufficient reason is shown before the court for the delay. The appellant who seeks condonation of delay therefore must explain the delay of each day. It is true that the courts should not be pedantic in their approach while condoning the delay, and explanation of each day's delay should not be taken literally, but the fact remains that there must be a reasonable explanation for the delay. (Para 5) Ajay Dabra v. Pyare Ram, 2023 LiveLaw (SC) 69 : AIR 2023 SC 698 : (2023) 1 SCR 449 : 2023 INSC 90

Limitation Act, 1963; Section 5 - 'Sufficient cause' is the only criterion for condoning delay. 'Sufficient Cause' is the cause for which a party could not be blamed. (Para 25) Sabarmati Gas Ltd. v. Shah Alloys Ltd., 2023 LiveLaw (SC) 9: AIR 2023 SC 288 : (2023) 3 SCC 229 : 2023 INSC 10

Lokayukta Act, 2014

Lokayukta Act, 2014 (Odisha); Section 20(1) - No infirmity in Lokayukta's direction to the Director of Vigilance, Odisha, Cuttack to conduct a preliminary inquiry - Supreme Court sets aside Orissa HC order which set aside Lok Ayukta direction. Office of the Odisha Lokayukta v. Dr. Pradeep Kumar Panigrahi, 2023 LiveLaw (SC) 135 : AIR 2023 SC 1202 : (2023) 2 SCR 560 : 2023 INSC 154

Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973

Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973; Section 54 - the words used in Section 54 of the Adhiniyam are “fails to commence implementation”. That does not mean that there must be implementation of the scheme within the time stipulated under section 54 of the Adhiniyam. There is a clear distinction between the words “implementation” of the scheme and “to commence implementation”- word “implementation” occurring in section 54 of the Adhiniyam cannot be construed to mean that even after substantial steps have been taken by the authority towards the implementation of the scheme, the scheme shall lapse after the expiry of three years because of its non-completion within that period - Approves MP HC judgment in Sanjai Gandhi Grah Nirman Sahkari Sanstha Maryadit v. State of M.P.AIR 1991 MP 72. (Para 8, 9) Indore Development Authority v. Burhani Grih Nirman Sahakari Sanstha Maryadit Sneh Nagar, 2023 LiveLaw (SC) 183 : AIR 2023 SC 1401 : (2023) 2 SCR 84 : 2023 INSC 200

Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973; Section 54 - When within three years various steps were taken for implementation of the scheme including the steps to acquire the land by negotiations and even thereafter on failure to acquire the land by negotiations approaching the State Government to acquire the land under the Land Acquisition Act, the High Court has erred in declaring that the scheme has lapsed under section 54 of the Adhiniyam. The High Court has adopted too narrow a meaning while interpreting and/or considering section 54 of the Adhiniyam. (Para 11) Indore Development Authority v. Burhani Grih Nirman Sahakari Sanstha Maryadit Sneh Nagar, 2023 LiveLaw (SC) 183 : AIR 2023 SC 1401 : (2023) 2 SCR 84 : 2023 INSC 200

Madhya Pradesh Niji Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007

Madhya Pradesh Niji Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007; Section 9(1) - It is only by way of regulating the fees so proposed that the AFRC would exercise the power of reviewing the proposed fees, after giving due opportunity of hearing to the educational institution concerned. The contrary stand taken by the AFRC, as is evident from its communications to the appellant society, therefore cannot be countenanced. It is not open to the AFRC to seek to unilaterally fix the fees to be charged by the appellant society for the professional courses offered through its educational institutions. (Para 16) Icon Education Society v. State of Madhya Pradesh, 2023 LiveLaw (SC) 202 : AIR 2023 SC 1680 : (2023) 2 SCR 728 : 2023 INSC 256

Maharashtra Municipal Corporation Act, 1949

Maharashtra Municipal Corporation Act, 1949 - Section 439 read with Clause (5) of Appendix IV - Service of employees in Zilla Parishad (ZP) should be counted for seniority when Zilla Parishad has been absorbed by Municipal Corporation. There is no dispute regarding the fact that Clause 5(c), including its first proviso, occupies this field of law till date. The provision explicitly deals with protection of conditions of service of the officers and servants who were earlier employed in a local authority like a ZP, and who have been subsequently absorbed into a Municipal Corporation. It expressly protects their service rendered by them in the local authority before the appointed day and further provides that it shall be considered as service rendered in the Municipal Corporation itself. Given the existence of this unambiguous provision, the only logical conclusion is that the service rendered by Respondent Nos. 5 to 79 in the ZP has to be treated as service rendered in the PMC. Such service, therefore, has to be counted towards the determination of their seniority as well. (Para 21) Maharashtra Rajya Padvidhar Prathamik Shikshak v. Pune Municipal Corporation, 2023 LiveLaw (SC) 229 : (2023) 2 SCR 981 : 2023 INSC 258

Medical Council Act, 1956

Indian Medical Council Act, 1956; Section 10A - Assam Community Professionals (Registration and Competency) Act, 2015 - the 2015 Act is not in conflict with the Indian Medical Council Act, since the Act does not deal with community health professionals who would practise as allopathic practitioners in the manner as they were permitted to practise under the Assam Act, in rural areas of the state. Hence, the Act of 2015 is not hit by Entry 66 of List I of the Constitution and is within the legislative competence of the State Legislature under the Seventh Schedule of the Constitution. Baharul Islam v. Indian Medical Association, 2023 LiveLaw (SC) 57 : AIR 2023 SC 721 : 2023 INSC 81

Minor Mineral Concession Rules, 2016 (Orissa)

Minor Mineral Concession Rules, 2016 (Orissa) - Rule 51(7) - Collector is the competent authority to cancel a lease deed for non-production of solvency certificate. Debidutta Mohanty v. Ranjan Kumar Pattanaik, 2023 LiveLaw (SC) 174 : AIR 2023 SC 1317 : (2023) 2 SCR 72 : 2023 INSC 203

Motor Vehicles Act 1988

Motor Vehicles Act 1988 - Aggregators License - The Guidelines issued by the Central Government in 2020 are only of persuasive value and are not mandatory. The ultimate decision on granting a license and formulating rules lies with the State Government, who may consider the Guidelines while making their decision- When the State Government formulates rules in pursuance of its power under Section 96, it may also bear in mind the Guidelines which have been framed by the Union Government in 2020. (Para 8, 9) Roppen Transportation Services Pvt Ltd v. Union of India, 2023 LiveLaw (SC) 100 : (2023) 4 SCC 349 : 2023 INSC 102

Motor Vehicles Act, 1988; Section 93 - No person can continue as an aggregator in the absence of a licence- Supreme Court directs Uber to apply for license. Uber India Systems Pvt. Ltd. v. Union of India, 2023 LiveLaw (SC) 108

Motor Vehicles Act, 1988; Section 93, 96 - Cab aggregators license- Supreme Court directs State of Maharashtra to expeditiously frame the rules on granting aggregators license so as to avoid litigation and uncertainty. Uber India Systems Pvt. Ltd. v. Union of India, 2023 LiveLaw (SC) 108

Municipal Corporation Act (Delhi)

Municipal Corporation Act (Delhi) - Delhi Municipal Corporation (Procedure and Conduct of Business) Regulations - These provisions make it abundantly clear that the election of the Mayor has to be held first. The elected Mayor is then required to preside over the election of the Deputy Mayor as the presiding authority. Consequently, with this clarification, it must be noted that the election of the Mayor shall be conducted first in the first meeting of the Municipal Corporation of Delhi. Once the Mayor is elected, the elected Mayor shall be the presiding authority for the purpose of the election of the Deputy Mayor. (Para 12) Shelly Oberoi v. Office of Lieutenant Governor of Delhi, 2023 LiveLaw (SC) 119 : (2023) 5 SCC 414 : 2023 INSC 132

National Green Tribunal Act, 2010

National Green Tribunal Act 2010 - Supreme Court allows housing society's appeal against NGT's direction to halt constructions near a lake- issue whether the construction was in submerged area was decided in earlier civil proceedings in favour of the society- that decree was affirmed by the SC- So NGT could not have ignored the decree- he decree was affirmed by all the courts. When the NGT was made aware of this fact, it chose to ignore it. Without a review, or any known process by which a decree concerning the same facts could be reopened, the NGT could not have rejected the society's contentions. The society's appeal, therefore, requires to succeed. Shramjeevi Cooperative Housing Society Ltd. v. Dinesh Johi, 2023 LiveLaw (SC) 258 : AIR 2023 SC 1558 : 2023 INSC 275

National Green Tribunal Act 2010; Section 25 - The NGT has power under Section 25 to execute its orders as decrees of a civil court-The Tribunal is entrusted with the wholesome power to ensure that its orders are complied with. (Para 5, 6) Sushil Raghav v. Union of India, 2023 LiveLaw (SC) 140

National Green Tribunal Act, 2010 - Challenge to Environmental Clearance - Whether against the corrigendum to the EC along with additional conditions, an appeal before the NGT would be maintainable or not-An aggrieved person may always challenge the corrigendum imposing additional conditions to the Environmental Clearance, but the appeal would be restricted to the corrigendum if the original EC is not under challenge and/or the original EC has been confirmed by the NGT earlier on certain conditions which have not been challenged. (Para 9) IL&FS Tamil Nadu Power Company Ltd. v. T. Muruganandam, 2023 LiveLaw (SC) 192 : (2023) 6 SCC 585 : 2023 INSC 136

National Green Tribunal Act, 2010 - NGT has the jurisdiction to direct the CPCB that it should in exercise of its powers under Section 5 of the Environment Protection Act, 1986. (Para 44, 47) Indian Oil Corporation Ltd. v. VBR Menon, 2023 LiveLaw (SC) 185 : AIR 2023 SC 1573 : (2023) 7 SCC 368 : 2023 INSC 231

Non-Governmental Educational Institutions Act, 1989 (Rajasthan)

Non-Governmental Educational Institutions Act, 1989 (Rajasthan); Section 18 - Even in case of termination/removal of an employee of a recognized institution after holding departmental enquiry/proceedings prior approval of the Director of Education has to be obtained as per first proviso to Section 18 - In Section 18, there is no distinction between the termination, removal, or reduction in rank after the disciplinary proceedings/enquiry or even without disciplinary proceedings/enquiry. (Para 5-6) Gajanand Sharma v. Adarsh Siksha Parisad Samiti, 2023 LiveLaw (SC) 48 : AIR 2023 SC 539 : (2023) 1 SCR 949 : 2023 INSC 58

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 : 2023 INSC 491

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 : 2023 INSC 491

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 : 2023 INSC 556

Railways Act, 1989

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 : 2023 INSC 541

Registration Act, 1908

Registration Act, 1908 - Effect of Tamil Nadu amendment by which Section 17(1)(g) of the Registration Act has been inserted which makes agreement to sell immovable property valued above Rs 100 compulsorily registrable - Held, the amendment will not affect proviso to Section 49, which allows unregistered sale agreements to be received in evidence. (Para 12, 13) R. Hemalatha v. Kashthuri, 2023 LiveLaw (SC) 304 : AIR 2023 SC 1895 : (2023) 2 SCR 834 : 2023 INSC 336

Registration Act, 1908; Proviso to Section 49 - An unregistered document affecting immovable property and required by Registration Act or the Transfer of Property Act to be registered, may be received as evidence of a contract in a suit for specific performance or as evidence of any collateral transaction not required to be effected by registered instrument. (Para 12, 13) R. Hemalatha v. Kashthuri, 2023 LiveLaw (SC) 304 : AIR 2023 SC 1895 : (2023) 2 SCR 834 : 2023 INSC 336

Registration Act, 1908; Section 17 - High Court cannot exercise writ jurisdiction under Article 226 of the Constitution to alter or amend registered lease deed. (Para 18) Gwalior Development Authority v. Bhanu Pratap Singh, 2023 LiveLaw (SC) 340 : AIR 2023 SC 2090 : (2023) 3 SCR 498 : 2023 INSC 393

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 : AIR 2023 SC 506 : (2023) 8 SCC 410 : 2023 INSC 34

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 : AIR 2023 SC 506 : (2023) 8 SCC 410 : 2023 INSC 34

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 : AIR 2023 SC 506 : (2023) 8 SCC 410 : 2023 INSC 34

Rent Control Act, 1958 (Delhi)

Rent Control Act, 1958 (Delhi); Section 25B(8) - When the Rent Controller permits eviction of tenants on the ground of bona fide requirement by the Landlord after perusing facts and evidence on record, then such order cannot be set aside by the High Court in review under Section 25-B(8) upon the ground that the description of property was not proper in the application. Kusum Lata Sharma v Arvind Singh, 2023 LiveLaw (SC) 368 : AIR 2023 SC 3067 : (2023) 4 SCR 493 : 2023 INSC 429

Rents, Hotel and Lodging House Rates (Control) Act, 1947 (Bombay)

Rents, Hotel and Lodging House Rates (Control) Act, 1947 (Bombay) - In the ordinary course and notwithstanding anything contained in any other law, unless the contract itself permits sub-letting, it shall not be lawful, after coming into operation of the Act of 1947, for a tenant to sub-let the premises let out to him or to assign or transfer in any manner his interest therein - The very act of execution of the assignment document was sufficient in itself to complete the breach of the lease condition and the statutory mandate and did not require anything further. Yuvraj @ Munna Pralhad Jagdale v. Janardan Subajirao Wide, 2023 LiveLaw (SC) 228 : (2023) 2 SCR 1135 : 2023 INSC 266

Representation of Peoples Act, 1951

Representation of the People Act 1951; Section 62 - Supreme Court rejects challenge to Section 62(5) RP Act which denies prisoners right to vote. Aditya Prasanna Bhattacharya v. Union of India, 2023 LiveLaw (SC) 407

Representation of the People Act, 1950 - Whether a non-Tribal has the right to vote in a Scheduled Area – Held, every eligible voter is entitled to be registered in the electoral roll of a constituency, in which he is ordinarily residing. Therefore, any person eligible to vote who is ordinarily residing in the Scheduled Area has a right to vote, even if he is a non-Tribal. (Para 16) Adivasis for Social and Human Rights Action v. Union of India, 2023 LiveLaw (SC) 431 : AIR 2023 SC 2658 : 2023 INSC 512

Representation of the People Act, 1951; Sections 123, 83(1) (a) - Failure to plead material facts concerning alleged corrupt practice is fatal to the election petition. When allegations of corrupt practice are made against an elected representative in an election petition, the proceedings virtually become quasi-criminal. Further, the outcome of such a petition is very serious, which can oust a popularly elected representative of the people. Therefore, non-compliance with the requirement of stating material facts concerning the ground of corrupt practice, must result in the rejection of the petition at the threshold itself. (Para 13) Senthilbalaji V. v. A.P. Geetha, 2023 LiveLaw (SC) 471 : 2023 INSC 571

Representation of the People's Act, 1951 - An Election petition can be summarily dismissed on the omission of a single material fact leading to an incomplete cause of action, or omission to contain a concise statement of material facts on which the petitioner relies for establishing a cause of action, in exercise of the powers under Clause (a) of Rule 11 of Order VII CPC read with the mandatory requirements enjoined by Section 83 of the RP Act. Kanimozhi Karunanidhi v. A. Santhana Kumar, 2023 LiveLaw (SC) 398 : AIR 2023 SC 2366 : 2023 INSC 499

Representation of the People's Act, 1951 - In order to get an election declared as void under Section 100(1)(d)(iv) of the RP Act, the Election petitioner must aver that on account of non-compliance with the provisions of the Constitution or of the Act or any rules or orders made under the Act, the result of the election, in so far as it concerned the returned candidate, was materially affected. Kanimozhi Karunanidhi v. A. Santhana Kumar, 2023 LiveLaw (SC) 398 : AIR 2023 SC 2366 : 2023 INSC 499

Representation of the People's Act, 1951 - Material facts mean the entire bundle of facts which would constitute a complete cause of action. Material facts would include positive statement of facts as also positive averment of a negative fact, if necessary. Kanimozhi Karunanidhi v. A. Santhana Kumar, 2023 LiveLaw (SC) 398 : AIR 2023 SC 2366 : 2023 INSC 499

Representation of the People's Act, 1951 - The Election petition is a serious matter and it cannot be treated lightly or in a fanciful manner nor is it given to a person who uses it as a handle for vexatious purpose. Kanimozhi Karunanidhi v. A. Santhana Kumar, 2023 LiveLaw (SC) 398 : AIR 2023 SC 2366 : 2023 INSC 499

Representation of the People's Act, 1951 - The material facts must be such facts as would afford a basis for the allegations made in the petition and would constitute the cause of action, that is every fact which it would be necessary for the plaintiff/petitioner to prove, if traversed in order to support his right to the judgement of court. Omission of a single material fact would lead to an incomplete cause of action and the statement of plaint would become bad. Kanimozhi Karunanidhi v. A. Santhana Kumar, 2023 LiveLaw (SC) 398 : AIR 2023 SC 2366 : 2023 INSC 499

Representation of the People's Act, 1951; Section 83(1)(a) - Election petition shall contain a concise statement of material facts on which the petitioner relies. If material facts are not stated in an Election petition, the same is liable to be dismissed on that ground alone, as the case would be covered by Clause (a) of Rule 11 of Order 7 of the Code. Kanimozhi Karunanidhi v. A. Santhana Kumar, 2023 LiveLaw (SC) 398 : AIR 2023 SC 2366 : 2023 INSC 499

Representation of People Act, 1951; Section 29A - Not expressed anything on the Constitution of the Party - Shiromani Akali Dal (Badal) and the present order shall not affect the pending proceedings before the High Court of Delhi, which is reported to be pending against the order passed by the ECI. (Para 7) Sukhbir Singh Badal v. Balwant Singh Khera, 2023 LiveLaw (SC) 359 : AIR 2023 SC 3053 : 2023 INSC 466

Representation of Peoples Act, 1951; Section 33(7) - Challenge to provision allowing candidates to contest from two seats rejected - Permitting a candidate to contest from more than one seat in a Parliamentary election or at an election to the State Legislative Assembly is a matter of legislative policy. It is a matter pertaining to legislative policy since, ultimately, Parliament determines whether political democracy in the country is furthered by granting a choice such as is made available by Section 33(7) of the Act of 1951. A candidate who contests from more than one seat may do so for a variety of reasons not just bearing on the uncertainty which the candidate perceives of an election result. There are other considerations which weigh in the balance in determining whether this would restrict the course of electoral democracy in the country. This is a matter where Parliament is legitimately entitled to make legislative choices and enact or amend legislation. The Law Commission and the Election Commission may at the material time have expressed certain viewpoints. Whether they should be converted into a mandate of the law depends on the exercise of Parliamentary sovereignty in enacting legislation. Absent any manifest arbitrariness of the provision so as to implicate the provisions of Article 14 or a violation of Article 19, it would not be possible for this Court to strike down the provision as unconstitutional. (Para 12) Ashwini Kumar Upadhyay v. Union of India, 2023 LiveLaw (SC) 84

Representation of the People Act, 1951 - Conduct of Election Rules, 1961; Rule 39AA - Constitutional validity of - Open Ballot System in Rajya Sabha Elections - Information regarding casting of votes - The petitioner has sought to challenge the constitutional validity of Rule 39AA on the ground that it is (i) ultra vires Article 80(4) of the Constitution; (ii) violative of Article 14; and (iii) contrary to the provisions of Section 123(2) of the 1951 Act - The challenge must fail in view of the judgment of the Constitution Bench in Kuldip Nayar v Union of India, (2006) 7 SCC 1 - The provision was inserted specifically to prevent cross-voting in elections to the Council of States. In this backdrop, there is no merit in the challenge. [Para 11 – 16] Lok Prahari v. Union of India, 2023 LiveLaw (SC) 254

Representation of the People Act, 1951; Proviso to Section 33 – Constitutional validity of - Presentation of nomination paper and requirements for a valid nomination - The proviso stipulates that a candidate who is not set up by a recognized political party shall not be deemed to be duly nominated for election unless the nomination paper is subscribed by ten proposers who are electors of the constituency. This lies purely in the realm of legislative policy. There is nothing per se discriminatory in the provision. Parliament is entitled to regulate the manner in which nomination papers should be presented and the requirements for a valid nomination. [Para 18 – 20] Lok Prahari v. Union of India, 2023 LiveLaw (SC) 254

Reserve Bank of India Act, 1934

Reserve Bank of India Act, 1934 - Section 26(2) - The decision taken by the Central Government to demonetise is to be based on the recommendation of the Central Board of RBI - RBI is the sole repository of power for the management of currency; it plays a pivotal role in management and issuance of currency notes; dealing with the management and regulation of currency; and in evolving the monetary policy - provision of recommendation by Central Board of RBI acts as a safeguard. [Para 202 - 206] Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023) 1 SCR 1 : 2023 INSC 2

Reserve Bank of India Act, 1934; Section 26(2) - Central Government may take recourse to the power to demonetise taking into consideration several factors - these factors must have reasonable nexus with the object sought to be achieved. [Para 151] Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023) 1 SCR 1 : 2023 INSC 2

Reserve Bank of India Act, 1934; Section 26(2) - does not provide for excessive delegation as there is a safeguard that the power can be used only upon recommendation of RBI - though legislature cannot give up its power in favour of another, in view of the multifarious activities of a welfare State, it cannot work out all the details, thus making it necessarily to delegate the same to the executive - Parliament and State Legislatures may not have specialised knowledge - technical and situational intricacies are better left to expert executive bodies and specialist public servants - mere possibility or eventuality of abuse of delegated powers in the absence of any evidence supporting such claim cannot be a ground to strike down a provision - it can be struck down only if it satisfies the 'policy and guideline' test. [Para 186, 188, 190, 193] Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023) 1 SCR 1 : 2023 INSC 2

Reserve Bank of India Act, 1934; Section 26(2) - Essential Ingredients - i) on recommendation of the Central Board of RBI - ii) the Central Government by notification in the Gazette of India; iii) may declare any series of bank notes of any denomination to cease to be legal tender; iv) with effect from such date as may be specified in the notification; v) to such extent as may be specified in the notification. [Para 15.6] [Dissenting Opinion] Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023) 1 SCR 1 : 2023 INSC 2

Reserve Bank of India Act, 1934; Section 26(2) - if demonetisation of any bank note takes place under the provision of the Act, it is only by issuance of a notification in the Gazette of India and not by any other method - only the Central Board of RBI is the initiator of the process of demonetisation - the provision has a restricted operation, either the Central Government accepts the recommendation of the Central Board and issue a gazette notification, or refuse to accept the recommendation [Para 15.17, 15.18 and 15.25] [Dissenting Opinion] Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023) 1 SCR 1 : 2023 INSC 2

Reserve Bank of India Act, 1934; Section 26(2) - on earlier two occasions, when RBI was not in favour of demonetisation, the Government resorted to promulgation of ordinances to demonetise currency notes - merely because on two earlier occasions the Central Government had enacted law to demonetise, does not mean the the word “any'' can be given a restrictive meaning - “any” would mean “all”. [Para 152 - 158] Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023) 1 SCR 1 : 2023 INSC 2

Reserve Bank of India Act, 1934; Section 26(2) - on recommendation of Central Board of RBI, Central Government may declare “any” series of bank notes of any denomination shall cease to be legal tender with effect from a specific date - the word “any” must be interpreted as “all”, otherwise it would lead to an anomaly - e.g. if there are 20 series of a particular denomination, the Centre cannot demonetise 19 series and leave behind one series to continue as legal tender - an interpretation which nullifies the purpose for which power is bestowed would be contrary to the principle of purposive interpretation. [Para 144 - 150] Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023) 1 SCR 1 : 2023 INSC 2

Reserve Bank of India Act, 1934; Section 26(2) - Scheme of the Act envisages that the issuance of bank notes, various denomination of bank notes, design and form of bank notes are to be specified by the Central Government 'only' on recommendation of the Central Board. [Dissenting Opinion] Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023) 1 SCR 1 : 2023 INSC 2

Reserve Bank of India Act, 1934; Section 26(2) - the decision-making process is not flawed in law - the duty of the Court is to confine itself to the question of legality - it ought to determine whether a decision-making authority exceeded its powers, committed an error of law, committed a breach of the rules of natural justice, reached a decision which no reasonable tribunal would reach or abused its powers - it is not concerned with the manner in which the decision was taken. [Para 215, 226] Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023) 1 SCR 1 : 2023 INSC 2

Reserve Bank of India Act, 1934; Section 26(2) - two requirements of the provision a) recommendation by the Central Board and b) decision of the Central Government - dictionary meaning of “recommend” is “to advise as to a course of action” or “to praise or command” - the word recommendation ought to be construed in the context in which it is used - in the present context “recommendation” would mean a consultative process between the Central Board and the Central Government - it is to be considered by the Court whether each of the party had disclosed all relevant facts and factors to each other for due consideration. [Para 239 - 245] Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023) 1 SCR 1 : 2023 INSC 2

Reserve Bank of India Act, 1934; Section 26(2) - when Central Board recommends demonetisation it is only a particular series of bank notes of a particular denomination as recommend under Section 26(2) - the word 'any' cannot be read as 'all' - if 'any' is to be read as 'all', it would provided unguided discretion to the Central Board. [Para 15.13] [Dissenting Opinion] Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023) 1 SCR 1 : 2023 INSC 2

Rights of Persons with Disability Act, 2016

Rights of Persons with Disability Act, 2016 - Supreme Court passed guidelines to ensure better accessibility for candidates with disability to appear in CLAT examination. Arnab Roy v. Consortium of National Law Universities, 2023 LiveLaw (SC) 349 : 2023 INSC 261

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

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; Section 24 (2) - Once the land owner refuses to accept the amount of compensation offered by the Acquiring Body, thereafter it will not be open for the original land owner to pray for lapse of acquisition on the ground that the compensation has not been paid. State of Gujarat v Jayantibhai Ishwarbhai Patel, 2023 LiveLaw (SC) 247 : (2023) 2 SCR 696 : 2023 INSC 253

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement, 2013; Section 24 (2) - Is the overruling of the judgment in Pune Municipal Corporation v. Harakchand Misirimal Solanki (2014) by a Constitution Bench judgment in Indore Development Authority v. Manoharlal (2020) a ground to review judgments which followed Pune Municipal Corporation? Supreme Court 2- judge bench delivers split verdict - Justice MR Shah holds subsequent overruling is a ground to review - Justice BV Nagarathna disagrees. Govt. of NCT of Delhi v. K.L. Rathi Steels Ltd; 2023 LiveLaw (SC) 204 : 2023 INSC 259

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; Section 24 (2) - If the acquiring body/beneficiary was not able to take the possession due to pending litigation in a proceeding initiated by the land owner, thereafter the land owner cannot be permitted to take the benefit/advantage of the same and thereafter to contend that as the possession is not taken over (may be due to the pending litigation) still they are entitled to benefit of lapse. Govt. of NCT of Delhi v. Sunil Jain, 2023 LiveLaw (SC) 36 : AIR 2023 SC 415 : (2023) 1 SCR 683 : 2023 INSC 39

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; Section 24 (2) - Subsequent purchaser has no locus to challenge the acquisition and/or lapsing of the acquisition. Govt. of NCT of Delhi v. Sunil Jain, 2023 LiveLaw (SC) 36 : AIR 2023 SC 415 : (2023) 1 SCR 683 : 2023 INSC 39

Right to Information Act, 2005

Right to Information Act, 2005 - Copies of the chargesheet and the relevant documents along with the charge-sheet do not fall within Section 4(1)(b) of the RTI Act. (Para 6) Saurav Das v. Union of India, 2023 LiveLaw (SC) 52 : AIR 2023 SC 615 : 2023 INSC 76

Rural Health Regulatory Authority Act, 2004 (Assam)

Assam Rural Health Regulatory Authority Act, 2004 - The Supreme Court struck down the Assam Rural Health Regulatory Authority Act, 2004 which permitted diploma holders in Medicine and Rural Health Care to treat certain common diseases, perform minor procedures, and prescribe certain drugs. Upholding a 2014 Gauhati High Court judgment declaring the Act to be unconstitutional and ultra vires, held, the Assam Act seeks to regulate such aspects of medical education that are within the exclusive domain of the Parliament, and is liable to be set aside on the grounds that the state legislature lacks the necessary competence. Baharul Islam v. Indian Medical Association, 2023 LiveLaw (SC) 57 : AIR 2023 SC 721 : 2023 INSC 81

Assam Rural Health Regulatory Authority Act, 2004 - The three-year diploma course was introduced by the Assam government almost two decades ago, to strengthen the rural healthcare infrastructure by producing a cadre of barefoot doctors allowed to practice modern medicine, albeit to a very limited extent. Therefore, the Assam Act, enacted on the strength of Entry 25 of List III, sought not only to introduce a new force in the field of medical education but also to regulate the profession of successful candidates. Further, the regulatory authority constituted under the act was imbued with the power to prescribe the minimum standards of the course, as well as other particulars such as the duration, curriculum, pedagogy, and examination. The impugned act also authorised the state government to grant permission for the establishment of medical institutes. These would be covered within the legislative field of coordination and determination of standards in institutions for higher education or research and scientific and technical institutions under Entry 66 of the Union List. Therefore, the bench took objection to the attempt by the state government to encroach into the exclusive domain of the Parliament. Baharul Islam v. Indian Medical Association, 2023 LiveLaw (SC) 57 : AIR 2023 SC 721 : 2023 INSC 81

Sale of Goods Act, 1930

Sale of Goods Act, 1930 - Central Sales Tax Act, 1956 - Rajasthan Sales Tax Act, 1994 - Credit note issued by an automobile manufacturer to a dealer of automobiles, in consideration of the replacement of a defective part done by the dealer pursuant to a warranty agreement, is exigible to sales tax. When a dealer replaces a defective part of the automobile by a spare part maintained in its stock or when the same is purchased by the dealer from the open market, in such situations, the credit note issued in the name of the dealer is a valuable consideration for transfer of property in the spare part made by the dealer to the customer. The same constitutes a “sale” under both the Central Sales Tax Act as well as the respective sales tax legislations of the respective States. Thus, the assessee-dealers are liable to pay sales tax on the said transaction. Tata Motors Ltd. v. Deputy Commissioner of Commercial Taxes (SPL), 2023 LiveLaw (SC) 443 : 2023 INSC 533

SEBI (Buyback of Securities) Regulations, 1998

SEBI (Buyback of Securities) Regulations 1998; Regulation 19(3) - There is a patent error on the part of the Tribunal in interpreting the Regulations. The Tribunal held that the role of the respondent, who was a Company Secretary, compliance officer, was limited to redressing the grievances of investors. In arriving at the finding, the Tribunal has relied upon the latter part of Regulation 19(3) which deals with redressal of the grievances of investors. The crucial point which has been missed by the Tribunal is that the compliance officer is also required to ensure compliance with the buyback regulations. Regulation 19(3) of the Regulations expressly so stipulates. (Para 11) Securities and Exchange Board of India v. V. Shankar, 2023 LiveLaw (SC) 101 : 2023 INSC 719

Securities and Exchange Board of India Act, 1992

Securities and Exchange Board of India Act, 1992 - Fees paid by director does not attract exemption under Clause 4 of schedule III of the Securities and Exchange Board of India (Stock Brokers and SubBrokers) Regulations, 1992. GPSK Capital Pvt. Ltd. (Formerly Mantri Finance Ltd.) v. Securities and Exchange Board of India, 2023 LiveLaw (SC) 222 : (2023) 2 SCR 737 : 2023 INSC 262

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; Section 13 - Auction cannot be stayed just because the sale agreement holder offered to pay dues, when the borrower hasn't invoked S.13(8). G. Vikram Kumar v State Bank of Hyderabad, 2023 LiveLaw (SC) 394 : AIR 2023 SC 2359 : (2023) 5 SCR 624 : 2023 INSC 475

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Security Interest (Enforcement) Rules, 2002 - Rule 9(5) of SARFAESI Rules cannot be pressed into service since the auction purchaser was not informed regarding the proceedings pending before DRT at the time of auction or even thereafter - Directs refund of the deposit forfeited by the bank. Mohd. Shariq v Punjab National Bank, 2023 LiveLaw (SC) 308 : 2023 INSC 355

Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Writ petitions in SARFAESI matters - Approaching the High Court for the consideration of an offer by the borrower is also frowned upon by this Court. A writ of mandamus is a prerogative writ. In the absence of any legal right, the Court cannot exercise the said power. More circumspection is required in a financial transaction, particularly when one of the parties would not come within the purview of Article 12 of the Constitution of India. South Indian Bank Ltd. v. Naveen Mathew Philip, 2023 LiveLaw (SC) 320 : 2023 INSC 379

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; Section 13(2), 13(4), 18 - Recovery of Debts and Bankruptcy Act, 1993; Section 2(g) - Whatever amount is mentioned in the notice under Section 13(2) of the SARFAESI Act, in case steps taken under Section 13(2)/13(4) against the secured assets are under challenge before the DRT will be the 'debt due' within the meaning of proviso to Section 18 of the SARFAESI Act - In case of challenge to the sale of the secured assets, the amount mentioned in the sale certificate will have to be considered while determining the amount of pre-deposit under Section 18 of the SARFAESI Act - In a case where both are under challenge, namely, steps taken under Section 13(4) against the secured assets and also the auction sale of the secured assets, in that case, the “debt due” shall mean any liability (inclusive of interest) which is claimed as due from any person, whichever is higher -The borrower can take the benefit of the amount received by the creditor in an auction sale only if he unequivocally accepts the sale. In a case where the borrower also challenges the auction sale and does not accept the same and also challenges the steps taken under Section 13(2)/13(4) of the SARFAESI Act with respect to secured assets, the borrower has to deposit 50% of the amount claimed by the secured creditor along with interest. (Para 13-16) Sidha Neelkanth Paper Industries Pvt. Ltd. v. Prudent ARC Ltd; 2023 LiveLaw (SC) 11 : AIR 2023 SC 368 : (2023) 1 SCR 553 : 2023 INSC 14

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; Section 26E - Micro, Small and Medium Enterprises Development Act, 2006; Sections 15 - 23 - 'Priority' conferred / provided under Section 26E of the SARFAESI Act would prevail over the recovery mechanism of the MSMED Act. Kotak Mahindra Bank Ltd. v. Girnar Corrugators Pvt. Ltd; 2022 LiveLaw (SC) 12 : AIR 2023 SC 268 : (2023) 3 SCC 210 : (2023) 1 SCR 873 : 2023 INSC 12

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; Section 14, 17 - Neither District Magistrate nor Metropolitan Magistrate would have any jurisdiction to adjudicate and/or decide the dispute even between the secured creditor and the debtor. If any person is aggrieved by the steps under Section 13(4) / order passed under Section 14, then the aggrieved person has to approach the Debts Recovery Tribunal by way of appeal / application under Section 17 of the SARFAESI Act. (Para 10) Kotak Mahindra Bank Ltd. v. Girnar Corrugators Pvt. Ltd; 2022 LiveLaw (SC) 12 : AIR 2023 SC 268 : (2023) 3 SCC 210 : (2023) 1 SCR 873 : 2023 INSC 12

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; Section 31(i) - When it was the case on behalf of the borrowers that in view of Section 31(i) of the SARFAESI Act, the properties were agricultural lands, the same were being exempted from the provisions of the SARFAESI Act, the burden was upon the borrower to prove that the secured properties were agricultural lands and actually being used as agricultural lands and/or agricultural activities were going on. (Para 7-8) K. Sreedhar v. Raus Constructions Pvt. Ltd., 2022 LiveLaw (SC) 13 : AIR 2023 SC 306 : (2023) 1 SCR 579 : 2023 INSC 17

Sick Industrial Companies Act, 1985

Sick Industrial Companies Act, 1985 - Rehabilitation scheme under Section 18 of the SICA, 1985 shall bind all the creditors including the unsecured creditors - Dues cannot be recovered post revival of sick company - Compelling unsecured creditors to accept the scaled down value of their dues would not be violative of Article 300A of the Constitution of India. It was observed that the rehabilitation scheme is prepared under Section 18 of SICA, which has a binding effect on all the creditors. Modi Rubber Ltd. v. Continental Carbon India Ltd; 2023 LiveLaw (SC) 208 : 2023 INSC 246

Specific Relief Act, 1963

Specific Relief Act 1963 - In sale of immovable property there is no presumption that time is the essence of the contract, however, the court may infer performance in a reasonable time if the conditions are evident from the express terms of the contract, from the nature of the property, and from the surrounding circumstances. (Para 32) Gaddipati Divija v. Pathuri Samrajyam, 2023 LiveLaw (SC) 327 : (2023) 3 SCR 802 : 2023 INSC 385

Specific Relief Act 1963 - When specific performance of the terms of the contract has not been done, the question of time being the essence does not arise - Time would not be of essence in a contract wherein the obligations of one party are dependent on the fulfillment of obligations of another party. Gaddipati Divija v. Pathuri Samrajyam, 2023 LiveLaw (SC) 327 : (2023) 3 SCR 802 : 2023 INSC 385

Specific Relief Act, 1963; Section 31 - Action instituted under Section 31 for cancellation of an instrument is not an action in rem. Asian Avenues Pvt. Ltd. v. Sri Syed Shoukat Hussain, 2023 LiveLaw (SC) 369 : AIR 2023 SC 2185 : 2023 INSC 454

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 : 2023 INSC 37

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 : AIR 2023 SC 282 : (2023) 4 SCC 239 : 2023 INSC 19

Specific Relief Act, 1963; Section 28 - The Court cannot as a matter of course, allow extension of time for making payment of balance amount of consideration in terms of a decree - The Court has to see all the attendant circumstances including if the vendee has conducted himself in a reasonable manner under the contract of sale-the power under Section 28 of the Specific Relief Act is discretionary and the Court has to pass an order as the justice may require. (Para 7) P. Shyamala v. Gundlur Masthan, 2023 LiveLaw (SC) 151 : AIR 2023 SC 1224 : 2023 INSC 162

Specified Bank Notes (Cessation of Liabilities) Act, 2017

Specified Bank Notes (Cessation of Liabilities) Act, 2017 - the purpose of the Act was to extinguish the liabilities of the SBNs which have ceased to be legal tender with effect from 09.11.2016 - Section 4 is a complete code in itself - Section 4(1) empowers the Central Government to provide grace period - under Section 4(2), RBI is required to satisfy whether a person seeking to take benefit of grace period is entitled after satisfying that the reasons for the delay are genuine - Section 4(2) cannot be read independently - if the Central Government finds that there exists any class of persons to whom benefit under Section 4 is to be extended it has the discretion to do so - RBI does not have independent power under Section 4(2) to accept the demonetised notes beyond the period specified in the notification. [Para 299, 302 - 303] Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023) 1 SCR 1 : 2023 INSC 2

Stamps Act, 1899

Stamps Act, 1899; Proviso to Section 27 - Registration Authorities are empowered under the proviso to Section 27 of the Indian Stamps Act, as inserted by the Andhra Pradesh Amending Act, 1988, to inspect the property, which is the subject matter of the instrument, make necessary enquiries and satisfy itself that the provisions of Section 27, which requires that all facts affecting the levy of Stamp Duty are fully and truly set forth in instrument, are complied with. Sub Registrar, Amudalavalasa v. Dankuni Steels Ltd., 2023 LiveLaw (SC) 357 : (2023) 8 SCR 1098 : 2023 INSC 431

Supreme Court Rules, 2013

Supreme Court Rules, 2013; Order XLVII Rule 1 - The Supreme Court has dismissed the review petition filed against the Constitution Bench judgment which upheld the validity of the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections (EWS) in education and public employment. Society for the Rights of Backward Communities v. Janhit Abhiyan, 2023 LiveLaw (SC) 441

Supreme Court Rules, 2013; Order XLVII Rule 3 - Disposal of review petitions by circulation without any oral arguments - The decision of this Court in P N Eswara Iyer v Supreme Court of India (1980) 4 SCC 680 does not warrant any reconsideration - The challenge to the provisions of Rule 3 of Order XLVII of the Supreme Court Rules 2013 lacks substance. P.T. Mohan v. Registrar Supreme Court of India, 2023 LiveLaw (SC) 379

Tenancy and Land Reforms Act, 1972 (Himachal Pradesh)

Tenancy and Land Reforms Act, 1972 (Himachal Pradesh); Section 118 - The whole purpose of Section 118 of the 1972 Act is to protect agriculturists with small holdings. Land in Himachal Pradesh cannot be transferred to a non-agriculturist, and this is with a purpose. The purpose is to save the small agricultural holding of poor persons and also to check the rampant conversion of agricultural land for non-agricultural purposes. A person who is not an agriculturist can only purchase land in Himachal Pradesh with the permission of the State Government. The Government is expected to examine from a case-to-case basis whether such permission can be given or not - By merely assigning rights to an agriculturist, who will be using the land for a purpose other than agriculture, would defeat the purpose of this Act. (Para 17) Ajay Dabra v. Pyare Ram, 2023 LiveLaw (SC) 69 : AIR 2023 SC 698 : (2023) 1 SCR 449 : 2023 INSC 90

Transfer of Property Act 1882

Transfer of Property Act, 1882; Section 54 - A Will or General Power of Attorney (“GPA”) cannot be recognized as title documents or documents conferring right in any immovable property - the non-execution of any document by the GPA holder consequent to it, renders the said GPA useless. Ghanshyam v. Yogendra Rathi, 2023 LiveLaw (SC) 479 : AIR 2023 SC 2754 : (2023) 7 SCC 361 : 2023 INSC 575

Transfer of Property Act, 1882; Section 54 - an Agreement to Sell is neither a document of title nor a deed of transfer of property by sale. Therefore, it does not confer any absolute title over the Property. However, the factors such as entering into an Agreement to Sell, payment of entire sale consideration and being put in possession by the transferor, shows that the de-facto possessory rights based on the part performance of the Agreement to Sell. The possessory right is not liable to be disturbed by the transferer and the transferer's entry into the Suit Property subsequently was as a licencee and not as the owner of Property. Ghanshyam v. Yogendra Rathi, 2023 LiveLaw (SC) 479 : AIR 2023 SC 2754 : (2023) 7 SCC 361 : 2023 INSC 575

Transfer of Property Act, 1882; Section 54 - In connection with the general power of attorney and the will so executed, the practice, if any, prevalent in any State or the High Court recognizing these documents to be documents of title or documents conferring right in any immovable property is in violation of the statutory law. Any such practice or tradition prevalent would not override the specific provisions of law which require execution of a document of title or transfer and its registration so as to confer right and title in an immovable property of over Rs.100/- in value. Ghanshyam v. Yogendra Rathi, 2023 LiveLaw (SC) 479 : AIR 2023 SC 2754 : (2023) 7 SCC 361 : 2023 INSC 575

Transfer of Property Act, 1882; Section 8 - In the absence of an express or implied indication, a transfer of land would pass to the transferee all things attached to the earth, including the plant and machinery embedded on the land - Merely because no express reference to plant and machinery was contained in the Recital Clause of the Sale Deed, it cannot mean that the interest in the plant and machinery which stood attached to the land which was scheduled in the Deed, was not conveyed to the vendee. Therefore, the value of plant and machinery must also be ascertained for computation of stamp duty - Only such plant and machinery, which was permanently embedded to the earth and answered the description of the immovable property, as defined in law, can be said to have been conveyed under the deed. Sub Registrar, Amudalavalasa v. Dankuni Steels Ltd., 2023 LiveLaw (SC) 357 : (2023) 8 SCR 1098 : 2023 INSC 431

Transfer of Property Act 1882; Section 60 - Right to redemption of mortgage- Unless the equity of redemption is so extinguished, a second suit for redemption by the mortgagor, if filed within the period of limitation, is not therefore barred. (Para 61, 62) Ganesh Prasad v. Rajeshwar Prasad, 2023 LiveLaw (SC) 189 : 2023 INSC 228

Transfer of Property Act, 1882 - Principle of Estoppel - Though the release deed executed by the son was with respect to only a spes successonis right, his conduct of relinquishment will bind his sons through estoppel-despite the fact that what was purported to be released by Shri Chandran, was a mere spec successonis or expectation his conduct in transferring/releasing his rights for valuable consideration, would give rise to an estoppel. The effect of the estoppel cannot be warded off by persons claiming through the person whose conduct has generated the estoppel. (Para 23) Elumalai @Venkatesan v. M. Kamala, 2023 LiveLaw (SC) 65 : AIR 2023 SC 659 : (2023) 1 SCR 261 : 2023 INSC 83

Transfer of Property Act, 1882; Section 51 - Section 51 applies in terms to a transferee who makes improvements in good faith on a property believing himself to be its absolute owner -In order to attract the Section the occupant of the land must have held possession under colour of title, his possession must not have been by mere possession of another but adverse to the title of the true owner and he must be under the bone fide belief that he has secured good title to the property in question and is the owner thereof - Section 51 gives only statutory recognition to the above three things I it was after encroaching upon the land in question and ignoring the absence of any title that the defendant made structures thereon at his own risk -Once it is so found, the defendant cannot be treated as a 'transferee' within the meaning of the TP Act and for the purpose of Section 51, TP Act. (Para 7-11) Baini Prasad v. Durga Devi, 2023 LiveLaw (SC) 78 : AIR 2023 SC 894 : 2023 INSC 95

Transfer of Property Act, 1882; Section 52 - Lis Pendens - It is a well-nigh settled position that wherever TP Act is not applicable, such principle in the said provision of the said Act, which is based on justice, equity and good conscience is applicable in a given similar circumstance, like Court sale etc. - Transfer of possession pendente lite will also be transfer of property within the meaning of Section 52 and, therefore, the import of Section 52 of the TP Act is that if there is any transfer of right in immovable property during the pendency of a suit such transfer will be non est in the eye of law if it will adversely affect the interest of the other party to the suit in the property concerned. We may hasten to add that the effect of Section 52 is that the right of the successful party in the litigation in regard to that property would not be affected by the alienation, but it does not mean that as against the transferor the transaction is invalid. (Para 16) Shivshankara v. H.P. Vedavyasa Char, 2023 LiveLaw (SC) 261 : AIR 2023 SC 1780 : (2023) 6 SCR 359 : 2023 INSC 318

Transfer of Property Act, 1882; Section 6 (a) - spes successonis - A living man has no heir- Release deed executed by son relinquishing his share in the self-acquired property of father has no effect- A person who may become the heir and entitled to succeed under the law upon the death of his relative would not have any right until succession to the estate is opened up. Unlike a co-parcener who acquires right to joint family property by his mere birth, in regard to the separate property of the Hindu, no such right exists. (Para 10) Elumalai @Venkatesan v. M. Kamala, 2023 LiveLaw (SC) 65 : AIR 2023 SC 659 : (2023) 1 SCR 261 : 2023 INSC 83

Transfer of Property Act, 1882; Section 6 (a) -Transfer by an heir apparent being mere spes successonis is ineffective to convey any right. By the mere execution of Release Deed, in other words, in the facts of this case, no transfer took place-This is for the simple reason that the transferor, namely, the father of the appellants did not have any right at all which he could transfer or relinquish. (Para 14) Elumalai @Venkatesan v. M. Kamala, 2023 LiveLaw (SC) 65 : AIR 2023 SC 659 : (2023) 1 SCR 261 : 2023 INSC 83

Tribunal, Appellate Tribunal and Other Authorities (Qualifications, Experience and Other Conditions of Service of Members) Rules

Tribunal, Appellate Tribunal and Other Authorities (Qualifications, Experience and Other Conditions of Service of Members) Rules - In 2019, the Supreme Court struck down the 2017 Tribunal Rules in the case Rojer Mathew v. South Indian Bank and directed that the appointments should be made as per the provisions of the parent statute. Later, in the 2020 Madras Bar Association case, the Supreme Court dealt with the subsequent Rules framed by the Centre in 2020 in relation to tribunal appointments. In July 2021, the Supreme Court clarified in the Madras Bar Association case, that all appointments made before 4 April 2021 would be governed by the parent statutes. Madras Bar Association v. Union of India, 2023 LiveLaw (SC) 178

Trust Act, 1882

Trust Act, 1882; Section 88 - Advantage gained by fiduciary - The Bench has upheld the NCLAT's order whereby the Successful Resolution Applicant was declared ineligible in terms of Trusts Act, since he had submitted two resolution plans, one in individual capacity and one in the capacity of Managing Trustee of the Trust. M.K. Rajagopalan v Dr. Periasamy Pal ani Gounder, 2023 LiveLaw (SC) 403 : 2023 INSC 486

Wild Life (Protection) Act, 1972

Wild Life (Protection) Act, 1972 - Individuals who have made a declaration of ownership of 'exotic live species' in accordance with the advisory issued by the Ministry of Environment, Forest and Climate Change are immune from prosecution - Since it has been held that Advisory was an Amnesty Scheme and declarants are immune from prosecution, the same would obviously mean that declarants are immune from prosecution or action under any future laws and amendments incorporated in the Wild Life(Protection) Act, 1972. Swetab Kumar v. Ministry of Environment, Forest and Climate Change, 2023 LiveLaw (SC) 245 : 2023 INSC 301

Wildlife (Protection Act), 1972 - Declaration of Wild Life Stock Rules, 2003 - As per Rule 4(2), application/declaration under sub-rule (1) of Rule 4 for ownership certificate has to be made within a period of 180 days from the date of commencement of the Rules, 2003. Looking to the object and purpose of Sections 40 and 40A and the object and purpose for which Rules, 2003 has been enacted the period of 180 days prescribed under Rule 4(2) has to be construed and considered as mandatory, otherwise the object and purpose of the Act, 1972 and the Rules, 2003 shall be frustrated. (Para 5) Vishalakshi Amma v. State of Kerala, 2023 LiveLaw (SC) 215 : (2023) 2 SCR 1081 : 2023 INSC 255

Wildlife (Protection Act), 1972 - Declaration of Wild Life Stock Rules, 2003 - Once a person in control, custody or possession of any wildlife animal or wildlife animal article, fails to file such declaration and/or fails to make any application within the stipulated time mentioned in Rule 4(2) then the bar/rigour under Section 40 shall be applicable and the ownership of such wildlife animal article of which the declaration is not made shall vest in the Government/forest department. (Para 5.1) Vishalakshi Amma v. State of Kerala, 2023 LiveLaw (SC) 215 : (2023) 2 SCR 1081 : 2023 INSC 255

Work Charged Establishment Revised Service Conditions (Repealing) Rules, 2013

Work Charged Establishment Revised Service Conditions (Repealing) Rules, 2013 – Rule 5(v) – Pension - Qualifying service for pension – Service rendered as work charge – Dispute over counting of the period of work charged services for the purpose of computing pensionary benefits and the length of pensionable service - Entire service as work-charged employee cannot be counted towards pension – The work charged employees are not appointed on a substantive post. They are not appointed after due process of selection and as per the recruitment rules. Therefore, the services rendered as work charged cannot be counted for the purpose of pension or quantum of pension. Uday Pratap Thakur v. State of Bihar, 2023 LiveLaw (SC) 371 : AIR 2023 SC 2971 : (2023) 4 SCR 530 : 2023 INSC 461

Workmen Compensation Act, 1923

Workmen Compensation Act, 1923 - the objective of the Act is dispensation of social justice - When the wife of the deceased employee deposed his income on oath and the Employer admitted the same, then by no stretch of imagination the Deputy Labour Commissioner could have awarded lower compensation on minimum wage rate - the Supreme Court took an empathetic view and instead of remanding the matter back to High Court for re-consideration, it has itself awarded enhanced compensation to the deceased's family. Mamta Devi v. Reliance General Insurance Company Ltd., 2023 LiveLaw (SC) 486 : 2023 INSC 566

Workmen Compensation Act, 1923 - Unchallenged statement of wife regarding deceased husband's monthly wage to be accepted as gospel of truth. Mamta Devi v. Reliance General Insurance Company Ltd., 2023 LiveLaw (SC) 486 : 2023 INSC 566

Workmen Compensation Act, 1923; Section 20 (1) and (2) - The insurer of the offending vehicle having filed the written statement seems to have not cross examined the claimants and their witnesses. Thus, the claim lodged by the claimants seeking for compensation would not partake the character of a “contested claim” as stipulated under the notification issued by the appropriate Government under the W.C. Act. Mamta Devi v. Reliance General Insurance Company Ltd., 2023 LiveLaw (SC) 486 : 2023 INSC 566