Complete Supreme Court Half Yearly Digest 2024 [Part-1]

Abuse of Process of LawCollusion between parties in tender process – Held, respondent no. 1 in collusion with respondent no. 2, had misused the process of law for covering up the irregularities and illegalities committed in the tender process. The division bench of High Court failed to notice the ill-intention of the respondent nos. 1 and 2 and via the impugned order, permitted respondent no. 2 to execute the project even though the tender was already withdrawn by the respondent no.1 (HIMUDA) in view of the report made by the independent Committee (constituted by the High Court) confirming gross irregularities and illegalities committed by the officers of respondent no. 1. Held, the impugned order having been passed without proper application of mind and without assigning any cogent reason for brushing aside the findings of Independent Committee and observations of Single Bench, deserves to be quashed and set aside. Respondent no.1 shall be at liberty to initiate a fresh tender process in accordance with law and after following the due process of law. (Para 12 & 13) Level 9 Biz Pvt. Ltd. v. Himachal Pradesh Housing and Urban Development Authority, 2024 LiveLaw (SC) 275 : AIR 2024 SC 1808Special Leave Petitions - Several matters, wherein the special leave petitions are filed either against the order seeking adjournment or the order issuing notices or grant/refusal of interim protections. Filing of such petitions not only wastes the time of the Court but it also puts unnecessary burden on the Courts and adds up to the pendency of matters before the Courts. Ranbir Singh v. State of Uttar Pradesh, 2024 LiveLaw (SC) 171AcquittalAppeal from acquittal – Principles of deciding – Appreciation of evidence is the core element of a criminal trial and such appreciation must be comprehensive i.e. inclusive of all evidence, oral or documentary. Partial or selective appreciation of evidence may result in a miscarriage of justice and is in itself a ground of challenge. If the Court, after appreciation of evidence, finds that two views are possible, the one in favour of the accused shall ordinarily be followed. If the view of the Trial Court is a legally plausible view, mere possibility of a contrary view shall not justify the reversal of acquittal. If the appellate Court is inclined to reverse the acquittal in appeal on a re-appreciation of evidence, it must specifically address all the reasons given by the Trial Court for acquittal and must cover all the facts. In a case of reversal from acquittal to conviction, the appellate Court must demonstrate an illegality, perversity or error of law or fact in the decision of the Trial Court. (Para 36) Mallappa v. State of Karnataka, 2024 LiveLaw (SC) 115 : AIR 2024 SC 1252 : 2024 Cri.L.J. 1137 : (2024) 3 SCC 544Reversing the order of acquittal into conviction – The High Court had erred in reversing the decision of acquittal, without arriving at any finding of illegality or perversity or error in the reasoning of the Trial Court. Setting aside an order of acquittal, which signifies a stronger presumption of innocence, on a mere change of opinion is not permissible. A low standard for turning an acquittal into conviction would be fraught with the danger of failure of justice. In reversing the order of acquittal, what is required is an illegality or perversity in order of trial court. (Para 34 & 39) Mallappa v. State of Karnataka, 2024 LiveLaw (SC) 115 : AIR 2024 SC 1252 : 2024 Cri.L.J. 1137 : (2024) 3 SCC 544Administration of JusticeIn the instant case, we find initiation of criminal proceedings before a forum which had no territorial jurisdiction by submitting incorrect facts and giving frivolous reasons to entertain such complaints. A closer look at the respondent's actions reveals more than just an inappropriate use of jurisdiction. The core issue of the dispute, which involves financial transactions and agreements, clearly places it in the realm of civil and commercial law. Yet, the respondent chose to pursue criminal charges in a quest to abuse the criminal justice system with a motive to seek personal vengeance rather than seeking true justice. This unnecessary turning of a civil matter into a criminal case not only overburdens the criminal justice system but also violates the principles of fairness and right conduct in legal matters. The apparent misuse of criminal proceedings in this case not only damages trust in our legal system but also sets a harmful precedent if not addressed. Dinesh Gupta v. State of Uttar Pradesh, 2024 LiveLaw (SC) 33 : AIR 2024 SC 574Supreme Court delivers split verdict on appointment of Shiksha Karmi's in Madhya Pradesh. Krishnadatt Awasthy v. State of M.P., 2024 LiveLaw (SC) 279Unscrupulous litigants should not be allowed to go scot-free. They should be put to strict terms and conditions including costs. It is time to check with firmness such litigation initiated and laced with concealment, falsehood, and forum hunting. Even State actions or...

Complete Supreme Court Half Yearly Digest 2024 [Part-1]

LIVELAW NEWS NETWORK

Tags