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500 Supreme Court Judgments of 2022 Part 4 (Citations 301 to 400)

4 July 2022 3:46 AM GMT
500 Supreme Court Judgments of 2022 Part 4 (Citations 301 to 400)

See Also 500 Supreme Court Judgments of 2022 [Citations 1 to 100]500 Supreme Court Judgments of 2022 (Citations 101 - 200)500 Supreme Court Judgments of 2022 (Citations 201 - 300) Protection of Children from Sexual Offences Act, 2012; Section 23 - Code of Criminal Procedure, 1973; Section 155(2) - Whether Section 155(2) Cr.P.C. will apply to the investigation of an offence...

See Also

  1. Protection of Children from Sexual Offences Act, 2012; Section 23 - Code of Criminal Procedure, 1973; Section 155(2) - Whether Section 155(2) Cr.P.C. will apply to the investigation of an offence under Section 23 of POCSO Act - Divergent views by judges in the Division Bench - Registry directed to place the matter before CJI for assignment before an appropriate Bench. Gangadhar Narayan Nayak @ Gangadhar Hiregutti v. State of Karnataka, 2022 LiveLaw (SC) 301
  2. Constitution of India, 1950; Article 226 - Writ Jurisdiction - Grant of Tender - If the Court finds that there is total arbitrariness or that the tender has been granted in a malafide manner, still the Court should refrain from interfering in the grant of tender but instead relegate the parties to seek damages for the wrongful exclusion rather than to injunct the execution of the contract. The injunction or interference in the tender leads to additional costs on the State and is also against public interest. (Para 23) N.G. Projects Ltd. v. Vinod Kumar Jain, 2022 LiveLaw (SC) 302
  3. Contract Act, 1872; Section 28 - Insurance - Condition of lodging Insurance claim within a period of one month, extendable by another one month is contrary to Section 28 of the Act and thus void. Oriental Insurance Company Ltd. v. Sanjesh, 2022 LiveLaw (SC) 303
  4. Disciplinary Proceedings - Acquittal in Criminal Case - The acquittal of the accused in a criminal case does not debar the employer from proceeding in the exercise of disciplinary jurisdiction - In a prosecution for an offence punishable under the criminal law, the burden lies on the prosecution to establish the ingredients of the offence beyond reasonable doubt. The accused is entitled to a presumption of innocence. The purpose of a disciplinary proceeding by an employer is to enquire into an allegation of misconduct by an employee which results in a violation of the service rules governing the relationship of employment. Unlike a criminal prosecution where the charge has to be established beyond reasonable doubt, in a disciplinary proceeding, a charge of misconduct has to be established on a preponderance of probabilities. The rules of evidence which apply to a criminal trial are distinct from those which govern a disciplinary enquiry. (Para 13) State of Karnataka v. Umesh, 2022 LiveLaw (SC) 304
  5. Penal Code, 1860; Sections 406,420 - Breach of contract cannot give rise to criminal prosecution for cheating - Fraudulent or dishonest intention is the basis of the offence of cheating - A mere breach of contract is not in itself a criminal offence and gives rise to the civil liability of damages. (Para 34) Vijay Kumar Ghai v. State of West Bengal, 2022 LiveLaw (SC) 305
  6. Review Jurisdiction - While exercising the review jurisdiction, the Court has to first satisfy itself on any error apparent on the face of the record which calls for exercise of the review jurisdiction. Merely stating that there is an error apparent on the face of the record is not sufficient. It must be demonstrated that in fact there was an error apparent on the face of the record. There must be a speaking and reasoned order as to what was that error apparent on the face of the record, which called for interference and therefore a reasoned order is required to be passed. Unless such reasons are given and unless what was that error apparent on the face of the record is stated and mentioned in the order, the higher forum would not be in a position to know what has weighed with the Court while exercising the review jurisdiction and what was that error apparent on the face of the record. (Para 4) Ratan Lal Patel v. Dr. Hari Singh Gour Vishwavidyalaya, 2022 LiveLaw (SC) 306
  7. Practice and Procedure - Courts have to adjudicate on all the issues raised in a case and render findings and the judgment on all the issues involved - Adopting a shortcut approach and pronouncing the judgment on only one issue, would increase the burden on the appellate court and in many cases if the decision on the issue decided is found to be erroneous and on other issues there is no adjudication and no findings recorded by the court, the appellate court will have no option but to remand the matter for its fresh decision. (Para 8.4) Agricultural Produce Marketing Committee Bangalore v. State of Karnataka, 2022 LiveLaw (SC) 307
  8. Service Law - Services rendered by an employee on work charge basis cannot be considered for the grant of benefit of first time bound promotion if the employee is absorbed in service on a different pay-scale. (Para 3.1, 4) State of Maharashtra v Madhukar Antu Patil, 2022 LiveLaw (SC) 308
  9. Tax on Paper Lotteries Act, 2005 (Kerala) - Tax on Lotteries Act, 2004 (Karnataka) - Constitutional Validity upheld - Karnataka and Kerala State Legislatures possessed legislative competence to enact such Acts. (Para 124) State of Karnataka v. State of Meghalaya, 2022 LiveLaw (SC) 309
  10. Army Law - Appeal against Armed Forces Tribunal order of conviction and dismissal from service of former Lt Gen SK Sahni for allegations relating to procurement of ration by Army purchase organisation - Allowed - AFT has specifically come to a finding that the respondent has not committed any fraud or did not commit any act which resulted in actual loss or wrongful gain to any person. We are unable to appreciate as to on what basis the learned AFT comes to a conclusion that the acts lead to an inference that the attempts were made to cause a wrongful gain. Union of India v. Lt. Gen SK Sahni, 2022 LiveLaw (SC) 310
  11. Constitution of India, 1950; Article 311 - Civil Post - Holding a license to run the fair price shop cannot be said to be holding a civil post. Manju Sharma v. State of Uttar Pradesh, 2022 LiveLaw (SC) 311
  12. COVID Death Compensation Claims - Apprehension about Fake Claims - Nobody can be permitted to avail the ex-gratia compensation by making a false claim and/or submitting the false certificate- National Disaster Management Authority /Union of India, through Ministry of Health and Family Welfare, permitted to carry out the random scrutiny of 5% of the claim applications by the States of Andhra Pradesh, Gujarat, Kerala and Maharashtra at the first instance - The concerned States directed to assist in carrying out the scrutiny of the claim applications as ordered above and submit all the necessary particulars of the respective claims that have been attended/processed to the Ministry of Health and Family Welfare, who shall carry out the scrutiny within a period of three months from today and submit the report before this Court. If it is found that anybody has made a fake claim, the same shall be considered under Section 52 of the Disaster Management Act, 2005 and liable to be punished accordingly. (Para 6, 6.1) Gaurav Kumar Bansal v. Union of India, 2022 LiveLaw (SC) 312
  13. Constitution of India, 1950; Article 226 - Regularization - High Court directed the State to consider the cases of some temporary employees for regularisation sympathetically and if necessary, by creating supernumerary posts - Such a direction is wholly without jurisdiction - No such order of absorption and/or regularisation even if required for creating supernumerary posts and not to treat the same as precedent could have been passed by the High Court in exercise of powers under Article 226 of the Constitution of India. (Para 6, 10) State of Gujarat v. R.J. Pathan, 24 Mar 2022, 2022 LiveLaw (SC) 313
  14. Code of Criminal Procedure, 1973; Section 438 - Anticipatory Bail - Ordinarily, no such mandatory order or directions should be issued while rejecting the application for pre-arrest bail that the accused person has to be arrested - When the prayer for pre-arrest bail is declined, it is for the investigating agency to take further steps in the matter. Whether the investigating agency requires custodial interrogation or not, is also to be primarily examined by that agency alone. We say no more. S. Senthil Kumar v. State of Tamil Nadu, 2022 LiveLaw (SC) 314
  15. Regional and Town Planning Act, 1966 (Maharashtra); Section 126 - Once the Act does not contemplate any further period for acquisition - The land owner cannot be deprived of the use of the land for years together. Once an embargo has been put on a land owner not to use the land in a particular manner, the said restriction cannot be kept open-ended for indefinite period. The Statute has provided a period of ten years to acquire the land under Section 126 of the Act. Additional one year is granted to the land owner to serve a notice for acquisition prior to the amendment by Maharashtra Act No. 42 of 2015. Such time line is sacrosanct and has to be adhered to by the State or by the Authorities under the State - The State or its functionaries cannot be directed to acquire the land as the acquisition is on its satisfaction that the land is required for a public purpose. If the State was inactive for long number of years, the Courts would not issue direction for acquisition of land, which is exercise of power of the State to invoke its rights of eminent domain. (Para 7, 8) Laxmikant v. State of Maharashtra, 2022 LiveLaw (SC) 315
  16. Land Acquisition Act, 1894 - A consent award cannot be the basis to award and/or determine the compensation in other acquisition, more particularly, when there are other evidences on record - In case of a consent award, one is required to consider the circumstances under which the consent award was passed and the parties agreed to accept the compensation at a particular rate. In a given case, due to urgent requirement, the acquiring body and/or the beneficiary of the acquisition may agree to give a particular compensation. (Para 5) Special Land Acquisition Officer v. N. Savitha, 2022 LiveLaw (SC) 316
  17. Code of Civil Procedure, 1908; Order VII Rule 11 - M.P. Land Revenue Code, 1959; Sections 250, 257 - Appeal against High Court which allowed application filed by defendants seeking rejection of plaint on the ground that the suit before the Civil Court would be barred in view of Section 257 of the M.P. Land Revenue Code, 1959 - Allowed - High Court did not appreciate the fact that the plaintiff had earlier approached the Revenue Authority / Tehsildar where he was non­suited on the ground that Revenue Authority / Tehsildar had no jurisdiction to decide the dispute with respect to title to the suit property - Defendants cannot be permitted to take two contradictory stands before two different authorities/courts. Premlata @ Sunita v. Naseeb Bee, 2022 LiveLaw (SC) 317
  18. Environment Protection Act, 1986 - Ex post facto Environmental Clearance - The 1986 Act does not prohibit Ex post facto Environmental Clearance - It should not be granted routinely, but in exceptional circumstances taking into account all relevant environmental factors. Where the adverse consequences of denial of Ex post facto approval outweigh the consequences of regularization of operations by grant of Ex post facto approval, and the establishment concerned otherwise conforms to the requisite pollution norms, Ex post facto approval should be given in accordance with law, in strict conformity with the applicable Rules, Regulations and/or Notifications. The deviant industry may be penalised by an imposition of heavy penalty on the principle of 'polluter pays' and the cost of restoration of environment may be recovered from it - An establishment contributing to the economy of the country and providing livelihood ought not to be closed down only on the ground of the technical irregularity of not obtaining prior Environmental Clearance irrespective of whether or not the unit actually causes pollution. (Para 63, 65,) Pahwa Plastics Pvt. Ltd. v. Dastak NGO, 2022 LiveLaw (SC) 318
  19. Securities and Exchange Board of India Act, 1992; Section 15Z - Scope and ambit of Statutory appeal against Securities Appellate Tribunal orders to Supreme Court - The Supreme Court will exercise jurisdiction only when there is a question of law arising for consideration from the decision of the Tribunal. A question of law may arise when there is an erroneous construction of the legal provisions of the statute or the general principles of law. In such cases, the Supreme Court in exercise of its jurisdiction of Section 15Z may substitute its decision on any question of law that it considers appropriate. (Para 20.1) Securities and Exchange Board of India v. Mega Corporation Ltd., 2022 LiveLaw (SC) 319
  20. National Health Mission - Ayurvedic doctors will be entitled to be treated at par with Allopathic Medical Officers and Dental Medical Officers under the National Rural Health Mission (NRHM/NHM) Scheme - Upheld Uttarakhand High Court judgment that under the NRHM/NHM Scheme, Ayurvedic Doctors will be entitled to parity in salary with Allopathic Medical Officers and Dental Medical Officers. State of Uttarakhand v. Sanjay Singh Chauhan, 2022 LiveLaw (SC) 320
  21. Code of Criminal Procedure, 1973; Section 188 - The Section gets attracted when the entirety of the offence is committed outside India; and the grant of sanction would enable such offence to be enquired into or tried in India - When a part of the offence was definitely committed on the soil of this country, going by the normal principles the offence could be looked into and tried by Indian courts - If the offence was not committed in its entirety, outside India, the matter would not come within the scope of Section 188 of the Code and there is no necessity of any sanction as mandated by the proviso to Section 188. (Para 13, 14) Sartaj Khan v. State of Uttarakhand, 2022 LiveLaw (SC) 321
  22. Constitution of India, 1950; Article 226 - When a number of issues/grounds were raised in the writ petitions, it is the duty cast upon the court to deal with the same and thereafter, to pass a reasoned order. When the Constitution confers on the High Courts the power to give relief it becomes the duty of the Courts to give such relief in appropriate cases and the Courts would be failing to perform their duty if relief is refused without adequate reasons. (Para 2.1) Vishal Ashwin Patel v. Assistant Commissioner, 2022 LiveLaw (SC) 322
  23. Income Tax Act, 1961 - Appeal against Gujarat High Court judgment extending the immunity under the "Income Declaration Scheme" (IDS) to an assessee who was not the declarant under the scheme - Allowed - The High Court fell into error, in holding that the sequitur to a declaration under the IDS can lead to immunity (from taxation) in the hands of a non-declarant. Deputy Commissioner of Income Tax v. MR Shah Logistics, 2022 LiveLaw (SC) 323
  24. Restitution - Advantages secured by a litigant, on account of orders of court, at his behest, should not be perpetuated - After the dismissal of the lis, the party concerned is relegated to the position which existed prior to the filing of the petition in the court which had granted the stay - No one can be permitted to take the benefit of the wrong order passed by the court which has been subsequently set aside by the higher forum/court - No party should be prejudiced because of the order of the court. Mekha Ram v. State of Rajasthan, 2022 LiveLaw (SC) 324
  25. Industrial Disputes Act, 1947 - Appeal against Karnataka High Court judgment which held that an employer must give proper opportunity of hearing to the workmen before deducting their wages for "go slow" approach by which they had failed to produce the agreed output - Disposed - The impugned judgment protects the interest of the appellant and the workmen by prescribing the right procedure which should be followed in case the appellant is of the opinion that the workmen, though present on duty, are not working and are not giving the agreed production on the basis of which wages and incentives have been fixed. Bata India Ltd. vs. Workmen of Bata India Ltd; 2022 LiveLaw (SC) 325
  26. Insolvency and Bankruptcy Code, 2016 - Appeal challenging NCLAT order which reversed the order of the NCLT wherein it had held that the application under Section 9 of the Insolvency and Bankruptcy Code, 2016 was not time-barred - Allowed - The failure of the NCLAT as the first appellate authority to look into a very vital aspect such as this, vitiates its order, especially when NCLT has recorded a specific finding of fact - Remanded. S.V. Fashions Pvt. Ltd. v. Ritu Murli Manohar Goyal, 2022 LiveLaw (SC) 326
  27. Service Law - Appeal against Bombay HC judgment which upheld School Tribunal under the Maharashtra Private School Employees (Conditions of Service) Act, 1977, setting aside the Enquiry Committee's order of dismissal on the sole ground that the President of the Management was not the President of the Enquiry Committee - Allowed - "Doctrine of Necessity" applied to sustain the findings of a Disciplinary Enquiry Committee against a School Principal, after noting that the President of the Committee had to be replaced due to ill health. Jai Bhavani Shikshan Prasarak Mandal v. Ramesh, 2022 LiveLaw (SC) 327
  28. Will - Suspicious Circumstances - The exclusion of one of the natural heirs from the bequest, cannot by itself be a ground to hold that there are suspicious circumstances - Cases in which a suspicion is created are essentially those where either the signature of the testator is disputed or the mental capacity of the testator is questioned - In the matter of appreciating the genuineness of execution of a Will, there is no place for the Court to see whether the distribution made by the testator was fair and equitable to all of his children. The Court does not apply Article 14 to dispositions under a Will. (Para 21, 25) Swarnalatha v. Kalavathy, 2022 LiveLaw (SC) 328
  29. Arbitration and Conciliation Act, 1996; Section 11(6) and 2(1)(e) - An application under Section 11(6) of the A&C Act for appointment of an Arbitrator/Arbitral Tribunal cannot be moved in any High Court in India, irrespective of its territorial jurisdiction. Section 11(6) of the A&C Act has to be harmoniously read with Section 2(1)(e) of the A&C Act and construed to mean, a High Court which exercises superintendence / supervisory jurisdiction over a Court within the meaning of Section 2(1)(e) of the A&C Act. It could never have been the intention of Section 11(6) of the A&C Act that arbitration proceedings should be initiated in any High Court in India, irrespective of whether the Respondent resided or carried on business within the jurisdiction of that High Court, and irrespective of whether any part of the cause of action arose within the jurisdiction of that Court, to put an opponent at a disadvantage and steal a march over the opponent. Ravi Ranjan Developers Pvt. Ltd. v. Aditya Kumar Chatterjee, 2022 LiveLaw (SC) 329
  30. Motor Accident Compensation Claims - Enhanced the compensation payable to over Rupees 50 Lakhs in a motor accident case where appellant has been rendered paralysed for life after he met with an accident as a 5 year old boy in 2010 - The appellant is not able to move his both legs and had complete sensory loss in the legs, urinary incontinence and bowel constipation and bed sore. Master Ayush v. Reliance General Insurance, 2022 LiveLaw (SC) 330
  31. Contract Act, 1872 - Abandonment - Whenever a material alteration takes place in the terms of the original contract, on account of any act of omission or commission on the part of one of the parties to the contract, it is open to the other party not to perform the original contract. This will not amount to abandonment. Moreover, abandonment is normally understood, in the context of a right and not in the context of a liability or obligation. A party to a contract may abandon his rights under the contract leading to a plea of waiver by the other party, but there is no question of abandoning an obligation. (Para 19) The refusal of a contractor to continue to execute the work, unless the reciprocal promises are performed by the other party, cannot be termed as abandonment of contract. A refusal by one party to a contract, may entitle the other party either to sue for breach or to rescind the contract and sue on a quantum meruit for the work already done. (Para 22) Shripati Lakhu Mane v. Member Secretary, 2022 LiveLaw (SC) 331
  32. Remand - An order of remand cannot be passed as a matter of course. An order of remand cannot also be passed for the mere purpose of remanding a proceeding to the lower court or the Tribunal. An endeavour has to be made by the Appellate Court to dispose of the case on merits. Where both the sides have led oral and documentary evidence, the Appellate Court has to decide the appeal on merits instead of remanding the case to the lower court or the Tribunal. (Para 25) Nadakerappa v. Pillamma, 2022 LiveLaw (SC) 332
  33. Constitution of India, 1950 - Tamil Nadu Special Reservation of seats in Educational Institutions including Private Educational Institutions and of appointments or posts in the services under the State within the Reservation for the Most Backward Classes and Denotified Communities Act, 2021 declared unconstitutional - Upheld the Madras High Court judgment holding that there is no substantial basis for classifying the Vanniakula Kshatriyas into one group to be treated differentially from the remaining 115 communities within the MBCs and DNCs, and therefore, the 2021 Act is in violation of Articles 14, 15 and 16 (Para 74)- There is no bar on the legislative competence of the State to enact the 2021 Act (Para 71) - The High Court has committed an error in holding that the 2021 Act is violative of Article 342-A (Para 31) - Permissibility of sub-classification amongst backward classes as has been done in the 2021 Act cannot be contested. Reasonableness of subclassification is a separate question (Para 33) - The conclusion of the High Court that determining the extent of reservation amongst the 'Backward Classes of citizens' can be done only by amending the 1994 Act in view of Article 31-B is unsustainable - State Legislature did not lack competence to enact a legislation for determining the extent of reservation amongst the MBCs and DNCs (Para 46) - The State's competence to enact the 2021 Act with the Governor's assent cannot be faulted with nor can the State be compelled by the courts to reserve the 2021 Act for assent of the President. (Para 51) Pattali Makkal Katchi v. A. Mayilerumperumal, 2022 LiveLaw (SC) 333
  34. Societies Registration Act, 1860; Section 6 – Travancore ­ Cochin Literary, Scientific and Charitable Societies Registration Act, 1955; Section 9 - Unless the plaintiff in a suit which claims to be a society, demonstrates that it is a registered entity and that the person who signed and verified the pleadings was authorised by the bye­laws to do so, the suit cannot be entertained. The fact that the plaintiff in a suit happens to be a local unit or a Sakha unit of a registered society is of no consequence, unless the bye­laws support the institution of such a suit. (Para 15) P. Nazeer v. Salafi Trust, 2022 LiveLaw (SC) 334
  35. Judgments - Practice of pronouncing final order without a reasoned judgment - Serious difficulties are caused on account of the said practice - Even if such oral orders were to be pronounced, it is expected that they are either dictated in Court or at least must follow immediately thereafter to facilitate the aggrieved party to seek redressal from the higher Court. (Para 2-3) Surendra Pratap Singh v. Vishwaraj Singh, 2022 LiveLaw (SC) 335
  36. Code of Criminal Procedure, 1973; Section 464 - Penal Code, 1860; Section 149 - Mere non-framing of a charge under Section 149 on face of charges framed against appellant would not vitiate the conviction in the absence of any prejudice caused to them - Mere defect in language, or in narration or in the form of charge would not render conviction unsustainable, provided the accused is not prejudiced thereby - If ingredients of the section are obvious or implicit in the charge framed then conviction in regard thereto can be sustained, irrespective of the fact that said section has not been mentioned. (Para 7) State of Uttar Pradesh vs Subhash @ Pappu, 2022 LiveLaw (SC) 336
  37. Municipal Corporation Act, 1949 (Maharashtra); Sections 2 (9), 39A and 56 - The Commissioner of the Municipal Corporation will have the power to suspend or initiate departmental proceedings against an AMC, who is an officer, superior in rank to the Assistant Commissioner. However, in case of suspension of such an officer, the only requirement would be to report to the Corporation, with reasons thereof, and if such a suspension is not confirmed by the Corporation within a period of six months from the date of such suspension, the same shall come to an end. (Para 45) Kalyan Dombivali Municipal Corporation v. Sanjay Gajanan Gharat, 2022 LiveLaw (SC) 337
  38. Power of Attorney - The power to sell is not to be inferred from a document of Power of Attorney - Ordinarily a Power of Attorney is to be construed strictly by the Court - Cannot amplify or magnify the clauses contained in the deed of Power of Attorney - The document should expressly authorize the agent, (i) to execute a sale deed; (ii) to present it for registration; and (iii) to admit execution before the Registering Authority. (Para 9, 17-18) Umadevi Nambiar v. Thamarasseri Roman Catholic Diocese, 2022 LiveLaw (SC) 338
  39. Service Law - Suppression of information about criminal cases - This Court has held that giving of a wrong information disentitles the candidate for appointment -An employee desirous of holding civil post has to act with utmost good faith and truthfulness. Truthfulness cannot be made causality by an aspirant much more for a candidate aspiring to be a teacher. (Paras 10, 11 and 12) Government of NCT of Delhi v. Bheem Singh Meena, 2022 LiveLaw (SC) 339
  40. Code of Civil Procedure, 1908; Order VII Rule 11 - Negotiable Instruments Act, 1881; Sections 118 (a) and 138 - Suit seeking declaration that the cheque issued in the name of the defendant was a security and the defendant had no right to encash it - The right of defendant to prosecute the plaintiff owing to the dishonour of the cheque issued by the plaintiff cannot be frustrated by seeking a declaration that the said cheque was handed over as a security. Such a declaration cannot be ex facie granted as it would be contrary to the provisions of the N.I. Act and particularly Section 118(a) thereof- The plaint is liable to be rejected in exercise of jurisdiction under Order VII Rule 11 CPC. (Para 37, 38) Frost International Ltd. v. Milan Developers & Builders, 2022 LiveLaw (SC) 340
  41. Service Law - Even if the appointment was irregular, the appellant had discharged the duties and in lieu of duties, he had to be paid. The State cannot take any work from any employee without payment of any salary. Man Singh v. State of Uttar Pradesh, 2022 LiveLaw (SC) 341
  42. Code of Civil Procedure, 1908; Section 64(2) and Order XXI Rule 58 - To get the benefit of sub-section (2) of Section 64 of the CPC, the objector and/or subsequent purchaser has to plead and prove that he is the bona fide purchaser, who has entered into the transaction prior to the order of attachment. (Para 4) Dokala Hari Babu v. Kotra Appa Rao, 2022 LiveLaw (SC) 342
  43. Armed Forces Tribunal Act, 2007; Section 15 - AFT would be justified in interfering with the finding of the court martial where its finding is legally not sustainable due to any reason whatsoever. It would be permissible to interfere with such a finding when it involves a wrong decision on a question of law - AFT would be justified in allowing an appeal against conviction by a court­martial when there was a material irregularity in the course of the trial resulting in miscarriage of justice. (Para 27) Union of India v. Major R. Metri No. 08585N, 2022 LiveLaw (SC) 343
  44. Bail - Appeal against Allahabad HC granting bail to an accused - Allowed - Order of High Court granting bail to co-accused was earlier set aside - Reasons which have weighed with this Court in cancelling the bail which was granted to the co-accused would equally apply to the case of the first respondent which also arises out of the same first information report and incident. Rishipal @ Rishipal Singh Solanki v. Raju, 2022 LiveLaw (SC) 344
  45. Arbitration and Conciliation Act, 1996; Section 11 - The arbitration applications for appointment of an Arbitrator are required to be decided and disposed of at the earliest, otherwise the object and purpose of the Arbitration Act shall be frustrated. (Para 2) Shree Vishnu Constructions v. Engineer in Chief Military Engineering Service, 2022 LiveLaw (SC) 345
  46. Income Tax Act, 1961; Section 2 (1A) - Companies Act, 1956; Section 394 (2), 481 - Despite amalgamation, the business, enterprise and undertaking of the transferee or amalgamated company- which ceases to exist, after amalgamation, is treated as a continuing one, and any benefits, by way of carry forward of losses (of the transferor company), depreciation, etc., are allowed to the transferee - Whether corporate death of an entity upon amalgamation per se invalidates an assessment order ordinarily cannot be determined on a bare application of Section 481 of the Companies Act, 1956 (and its equivalent in the 2013 Act), but would depend on the terms of the amalgamation and the facts of each case. (Para 42) Principal Commissioner of Income Tax v. Mahagun Realtors (P) Ltd; 2022 LiveLaw (SC) 346
  47. Constitution of India, 1950; Article 300A - Forcible dispossession of a person of their private property without following due process of law, was violative of both their human right, and constitutional right under Article 300-A - High threshold of legality that must be met, to dispossess an individual of their property, and even more so when done by the State. (Para 25, 15) Sukh Dutt Ratra v. State of Himachal Pradesh, 2022 LiveLaw (SC) 347
  48. Arbitration and Conciliation Act, 1996; Section 34 - Arbitral award can be set aside by the court if the court finds the award is vitiated by patent illegality appearing on the face of the award - The award shall not be set aside merely on the ground of erroneous application of law or by misappreciation of evidence. (Para 15) Haryana Urban Development Authority, Karnal v. M/s. Mehta Construction Company, 2022 LiveLaw (SC) 348
  49. Criminal Trial - Once the witness is in the witness box and is being cross examined every endeavour must be made to ensure that the cross examination is completed on that day. Neetu Tripathi v. State of Uttar Pradesh, 2022 LiveLaw (SC) 349
  50. Coal Mines (Nationalisation) Act, 1973; Sections 2(h) and 3(1) - Focus is on the property and not on who the owner of the property is - Even the lands and buildings used solely for the location of the management, sale or liaison offices or for the residence of officers and staff were also included in the definition of the word "mine". (Para 15) Bharat Coking Coal Ltd. v. Mahendra Pal Bhatia, 2022 LiveLaw(SC) 350
  51. Payment of Gratuity Act, 1972; Section 2(s) - 'Wages' - Ad hoc payment made pursuant to the interim orders passed by Court does not form part of "wages" within the meaning of the expression under Section 2(s) of the Payment of Gratuity Act, 1972 for the purpose of calculating gratuity. (Para 17-22) Fertilizer Corporation of India Ltd. v. Rajesh Chandra Shrivastava, 2022 LiveLaw (SC) 351
  52. Consumer Protection Act, 1986; Section 2(g), 14 - The power to direct refund of the amount and to compensate a consumer for the deficiency in not delivering the apartment as per the terms of Agreement is within the jurisdiction of the Consumer Courts - A consumer can pray for refund of the money with interest and compensation. The consumer could also ask for possession of the apartment with compensation. The consumer can also make a prayer for both in the alternative. If a consumer prays for refund of the amount, without an alternative prayer, the Commission will recognize such a right and grant it, of course subject to the merits of the case. If a consumer seeks alternative reliefs, the Commission will consider the matter in the facts and circumstances of the case and will pass appropriate orders as justice demands. (Para 15-16) Experion Developers Pvt. Ltd. v. Sushma Ashok Shiroor, 2022 LiveLaw (SC) 352
  53. Rent Control Act, 1958 (Delhi); Section 14(1)(e) and 25B(5) - For availing the leave to defend as envisaged under Section 25B(5), a mere assertion per se would not suffice - The satisfaction of the Rent Controller in deciding on an application seeking leave to defend is obviously subjective. The degree of probability is one of preponderance forming the subjective satisfaction of the Rent Controller. Thus, the quality of adjudication is between a mere moonshine and adequate material and evidence meant for the rejection of a normal application for eviction - The tenant is expected to put in adequate and reasonable materials in support of the facts pleaded in the form of a declaration sufficient to raise a triable issue. (Para 15-17) Abid-ul-Islam v. Inder Sain Dua, 2022 LiveLaw (SC) 353
  54. Universities Act, 1973 (Uttar Pradesh State) - Direction issued by the Central Government would at worst be mandatory to the Central Universities and the Central Government Colleges receiving funds - Any such decision would obviously be directory to State Government Colleges and Universities, being in the nature of a mere recommendation. (Para 20) State of Uttarakhand v. Sudhir Budakoti, 2022 LiveLaw (SC) 354
  55. Foreign Contribution (Regulation) Amendment Act, 2020 - Constitutional Validity upheld - Amended provisions vide the 2020 Act, namely, Sections 7, 12(1A), 12A and 17 of the FCRA Act, 2010, are intra vires the Constitution and the Principal Act - Section 12A read down and construed as permitting the key functionaries/office bearers of the applicant (associations/NGOs) who are Indian nationals, to produce Indian Passport for the purpose of their identification. (Para 87) Noel Harper v. Union of India, 2022 LiveLaw (SC) 355
  56. Dam Safety Act 2021 - Mullaperiyar Dam Dispute between Kerala and Tamil Nadu - Supreme Court reconstitutes Supervisory Committee- Confers it powers of the National Dam Safefy Authority under the Dam Safety Act - Chief Secretaries of States liable for vioaltion of committee directions- The reconstituted Supervisory Committee will decide all outstanding matters related to Mullaperiyar Dam's safety and conduct a safety review afresh- the Supervisory Committee, in terms of this order, is deemed to be discharging all the functions and powers of the NDSA until a regular NDSA becomes functional under the 2021 Act and more so, orders of this Court in that regard. Dr. Joe Joseph v. State of Tamil Nadu, 2022 LiveLaw (SC) 356
  57. Penal Code, 1860; Section 307 - Appeal against Rajasthan High court judgment which partly allowed a criminal appeal by maintaining the conviction of the accused for the offence under Section 307 IPC, but by reducing the sentence from three years rigorous imprisonment to the period already undergone by him in confinement (44 days) - Allowed - Merely because a long period has lapsed by the time the appeal is decided cannot be a ground to award the punishment which is disproportionate and inadequate- trial Court had already taken a very lenient view while imposing the sentence of only three years' rigorous imprisonment. Therefore, the High Court ought not to have interfered with the same. State of Rajasthan v. Banwari Lal, 2022 LiveLaw (SC) 357
  58. Preventive Detention - The personal liberty of an accused cannot be sacrificed on the altar of preventive detention merely because a person is implicated in a criminal proceeding. The powers of preventive detention are exceptional and even draconian. (Para 15) Mallada K. Sri Ram v. State of Telangana, 2022 LiveLaw (SC) 358
  59. Administrative Law - Appeal challenging adverse Remarks made in the Allahabad HC judgment regarding a Statutory authority - Allowed - Even if the High Court found that the impugned actions of the authorities concerned, particularly of the appellant, had not been strictly in conformity with law or were irregular or were illegal or even perverse, such findings, by themselves, were not leading to an inference as corollary that there had been any deliberate action or omission on the part of the Assessing Authority or the Registering Authority; or that any 'tactics' were adopted. Chandra Prakash Mishra v. Flipkart, 2022 LiveLaw (SC) 359
  60. Service Law - A non-disclosure of material information itself could be a ground for cancellation of employment or termination of services - Employer would not be obliged to ignore such defaults and shortcomings. Where suppression of relevant information is not a matter of dispute, there cannot be any legal basis for the Court to interfere - The cases of non-disclosure of material information and of submitting false information have been treated as being of equal gravity. Union of India v. Dillip Kumar Mallick, 2022 LiveLaw (SC) 360
  61. Village Common Lands (Regulation) Act, 1961 (Punjab) (Amended by Haryana Act No. 9/1992) - Constitutional validity upheld - Land for common purposes can be classified in three categories - Part of agrarian reforms and is protected by Article 31A of the Constitution of India, 1950 - The Amending Act does not acquire land or deprive the proprietors of their ownership as such ownership stood already divested in view of consolidation scheme reserving land for common purposes - Only a clarificatory or a declaratory amendment as the land stood vested in the panchayat - The Amending Act having been enacted after the assent of the President, is protected in terms of Article 31A of the Constitution - The entire land reserved for common purposes by applying pro-rata cut had to be utilised by the Gram Panchayat for the present and future needs of the village community and that no part of the land can be re-partitioned amongst the proprietors. State of Haryana v. Jai Singh, 2022 LiveLaw (SC) 361
  62. Penal Code, 1860; Section 366 - Section 366 IPC would come into play only where there is a forceful compulsion of marriage, by kidnapping or by inducing a woman. This offence also would not be made out once the abductee has clearly stated that she was in love with the accused and that she left her home on account of the disturbing circumstances at her parental home as the said relationship was not acceptable to her father and that she married the accused on her own free will without any influence being exercised by the accused. Mafat Lal v. State of Rajasthan, 2022 LiveLaw (SC) 362
  63. Waqf Act, 1995; Section 14,15 - Nomination always stands on a slightly different footing than election - It may not be possible for the State Government to breach the process of election from each of the electoral colleges by curtailing the term of office of such elected members. But the same logic cannot be extended to nominated members. (Para 10-12) State of Maharashtra v. Shaikh Mahemud, 2022 LiveLaw (SC) 363
  64. Administrative Tribunal Act, 1986; Section 26 - Once there is a difference of opinion between the Judicial Member and the Administrative Member of the Tribunal, the matter is required to be referred to the third Member/Chairman and the third Member/Chairman was required to give his own decision upon such a reference. However, the matter is not required to be referred to the Full Bench. Daljit Singh v. Arvind Samyal, 2022 LiveLaw (SC) 364
  65. Indian Medicine Central Council Act, 1970 - Indian Medicine Central Council (Post­Graduate Ayurveda Education) Regulations, 2012 - No medical college can open a new or higher course of study or training, including a post graduate course, except with the previous permission of the Central Government. Prior to such a permission being granted, the procedure as prescribed under Section 13A has to be followed. (Para 28) Central Council for Indian Medicine v. Karnataka Ayurveda Medical College, 2022 LiveLaw (SC) 365
  66. Constitution of India, 1950; Article 19(1)(g) - Right to establish an educational institution can be regulated. However, such regulatory measures must, in general, be to ensure the maintenance of proper academic standards, atmosphere and infrastructure and the prevention of maladministration. (Para 40-41) Dental Council of India v. Biyani Shikshan Samiti, 2022 LiveLaw (SC) 366
  67. Rent Control Act, 2001 (Rajasthan) - A suit filed before the civil court prior to the applicability of the Act has to be decided by the civil court. A decree passed by the civil court is valid and executable- The Act is applicable to the area in question from the date the notification came into force and it does not bar the decree of the civil court or the pendency of such civil suit. (Para 28) Shankarlal Nadani v. Sohanlal Jain, 2022 LiveLaw (SC) 367
  68. Meerut Fire Tragedy (2006) - 40:60 Liability On State & Organizers To Compensate Victims - Allahabad High Court Chief Justice to nominate within two weeks a District Judge or Additional District Judge to work on a day to day basis for determining the compensation payable to the families of the victims of the fire that broke out during a consumer fair in Meerut in 2006 - Computation of compensation in accordance with the principles of just compensation as in the case of accident under the Motor Vehicle Act, 1988 by the Motor Accidents Claims Tribunal. Sanjay Gupta v. State of Uttar Pradesh, 2022 LiveLaw (SC) 368
  69. Juvenile Justice (Care and Protection) Act, 2000 - Juvenility Plea of applicant whose murder conviction was affirmed by Supreme Court by dismissing SLP in 2009 - Juvenile Justice Board passed an order holding that, on the date of commission of the offence, his age was 17 years 07 months and 23 days - Applicant has undergone the sentence for 17 years and 03 days - It will be unjust to send the applicant to the Juvenile Justice Board - He shall be forthwith set at liberty provided he is not required to be detained under any other order of the competent Court. Sanjay Patel v. State of Uttar Pradesh, 2022 LiveLaw (SC) 369
  70. Protection of Women from Domestic Violence Act, 2005; Section 12, 31 - Code of Criminal Procedure, 1973; Section 468 - If there be any offence committed in terms of the provisions of the Act, the limitation prescribed under Section 468 of the Code will apply from the date of commission of such offence. By the time an application is preferred under Section 12 of the Act, there is no offence committed in terms of the provisions of the Act and as such there would never be a starting point for limitation from the date of application under Section 12 of the Act. Such a starting point for limitation would arise only and only after there is a breach of an order passed under Section 12 of the Act. (Para 15) Kamatchi v. Lakshmi Narayanan, 2022 LiveLaw (SC) 370
  71. Mediation - All States are mandated to set up the mediation cells - A direction is made for the e-filing system to be made operational. 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, 2022 LiveLaw (SC) 371
  72. Unlawful Activities (Prevention) Act, 1967; Section 43D(5) - Appeal against Rajasthan HC order denying bail to UAPA accused- under trial - Allowed - In the nature of the case against the appellant, the evidence which has already unfolded and above all, the long period of incarceration that the appellant has already undergone, time has arrived when the appellant be enlarged on bail. Jahir Hak v. State of Rajasthan, 2022 LiveLaw (SC) 372
  73. Hawking - Any hawker can be permitted to hawk in the market only as per the hawking policy and not de hors the same - A hawker has no right to insist that he may be permitted to keep his goods and wares at the place where he is hawking overnight. (Para 1). Madan Lal v. NDMC, 2022 LiveLaw (SC) 373
  74. Code of Civil Procedure, 1908; Order 41 Rule 33 - The Rule clothes the appellate court with an extra ordinary power, which however is a rare jurisdiction. It is to reach justice in the special facts of a case. It is not an ordinary rule to be applied across the board in all the appeals. In fact, the principle is interalia no doubt that even if there is no appeal by any of the parties in the proceedings, an order can be passed in his favour in the appeal carried by the other side. (Para 13) Eastern Coalfields Ltd. v. Rabindra Kumar Bharti, 2022 LiveLaw (SC) 374
  75. Specific Relief Act, 1963 - Suit for specific performance for agreement to sell - Once the execution of agreement to sell and the payment of advance substantial sale consideration is admitted by the vendor, nothing further is required to be proved by the vendee. (Para 5.2) P. Ramasubbamma v. V. Vijayalakshmi, 2022 LiveLaw (SC) 375
  76. Code of Criminal Procedure, 1973; Section 2 (wa) - Victim's right to be heard - A 'victim' within the meaning of Cr.P.C. cannot be asked to await the commencement of trial for asserting his/her right to participate in the proceedings. He / She has a legally vested right to be heard at every step post the occurrence of an offence. Such a 'victim' has unbridled participatory rights from the stage of investigation till the culmination of the proceedings in an appeal or revision - Where the victims themselves have come forward to participate in a criminal proceeding, they must be accorded with an opportunity of a fair and effective hearing. (Para 24, 25) Jagjeet Singh v. Ashish Mishra @ Monu, 2022 LiveLaw (SC) 376
  77. Labour Law - Employee is not supposed to prove the negative that he was not gainfully employed during the period he was out of employment- Once he asserts that he is not gainfully employed, thereafter the onus will shift to the employer positively and it would be for the employer to prove that the employee was gainfully employed. (Para 6) Salim Ali Centre for Ornithology & Natural History v. Dr. Mathew K. Sebastian, 2022 LiveLaw (SC) 377
  78. Interim Orders - A stayed order is not wiped out from the existence, unless it is quashed - Once the proceedings, wherein a stay was granted, are dismissed, any interim order granted earlier merges with the final order. In other words, the interim order comes to an end with the dismissal of the proceedings - It is the duty of the Court to put the parties in the same position they would have been but for the interim order of the court, unless the order granting interim stay or final order dismissing the proceedings specifies otherwise. (Para 24) State of U.P. v. Prem Chopra, 2022 LiveLaw (SC) 378
  79. Will - The absolute owner of a property is entitled even to bequeath his properties in favour of strangers. (Para 20) Saroja Ammal v. M. Deenadayalan, 2022 LiveLaw (SC) 379
  80. Vulnerable Witnesses Deposition Centres (VWDCs) - The use of VWDCs should, in addition to criminal cases, be allowed for other jurisdictions, including, civil jurisdictions, family courts, juvenile justice boards and Childrens' courts. Permission should be granted for recording the evidence of vulnerable witnesses in cases across all jurisdictions. (Para 3) Smruti Tukaram Badade v. State of Maharashtra, 2022 LiveLaw (SC) 380
  81. Hindu Undivided Family - Joint Family Property - Gift - A Hindu father or any other managing member of a HUF has power to make a gift of ancestral property only for a 'pious purpose' - Term 'pious purpose' is a gift for charitable and/or religious purpose - A deed of gift in regard to the ancestral property executed 'out of love and affection' does not come within the scope of the term 'pious purpose'. (Para 13) K.C. Laxmana v. K.C. Chandrappa Gowda, 2022 LiveLaw (SC) 381
  82. Insolvency and Bankruptcy Code, 2016; Section 5(13), 53(1)(b), 53(1)(c) - Insolvency resolution process costs - Dues towards the wages/salaries of only those workmen/employees who actually worked during the CIRP are to be included in the CIRP costs - The wages and salaries of all other workmen / employees of the Corporate Debtor during the CIRP who actually have not worked and/or performed their duties when the Corporate Debtor was a going concern, shall not be included automatically in the CIRP costs. Such dues will be governed by Section 53(1)(b) and Section 53(1) (c) of the Insolvency and Bankruptcy Code. (Para 9-10) Sunil Kumar Jain v. Sundaresh Bhatt, 2022 LiveLaw (SC) 382
  83. Micro, Small and Medium Enterprise Development Act, 2006; Section 19 - Arbitration and Conciliation Act, 1996; Section 34 - Pre-deposit of 75% of the awarded amount under section 19 of the MSMED Act, 2006 is a mandatory requirement to challenge the award under section 34 of the Arbitration and Conciliation Act. (Para 4) Tirupati Steels v. Shubh Industrial Component, 2022 LiveLaw (SC) 383
  84. Code of Criminal Procedure, 1973; Section 439 - Bail - A recent trend of passing such orders granting or refusing to grant bail, where the Courts make a general observation that "the facts and the circumstances" have been considered - Such a situation continues despite various judgments of this Court wherein this Court has disapproved of such a practice. (Para 13) Ms. Y v. State of Rajasthan, 2022 LiveLaw (SC) 384
  85. Judicial Service (Delhi) - Order dated 21st March 2002 modified - 25% by promotion strictly on the basis of merit through LDCE of Civil Judges having 7 years qualifying service [(5 years as Civil Judge (Junior Division) and 2 years as Civil Judge (Senior Division)] or 10 years qualifying service as Civil Judge (Junior Division) - Only 10% of the cadre strength of District Judges be filled up by Limited Departmental competitive Examination with those candidates who have qualified service of 7 years [(5 years as Civil Judge (Junior Division) and 2 years as Civil Judge (Senior Division) or 10 years qualifying service as Civil Judge(Junior Division). (Para 17) All India Judges Association v. Union of India, 2022 LiveLaw (SC) 385
  86. Practice and Procedure - Practice of pronouncing the final orders without a reasoned judgment has to be stopped and discouraged. Indrajeet Yadav v. Santosh Singh, 2022 LiveLaw (SC) 386
  87. Evidence Act, 1872; Section 27 - Tendency on part of the Prosecuting Agency in getting the entire statement recorded rather than only that part of the statement which leads to the discovery of facts - In the process, a confession of an accused which is otherwise hit by the principles of Evidence Act finds its place on record. Such kind of statements may have a direct tendency to influence and prejudice the mind of the Court. This practice must immediately be stopped. (Para 19) Venkatesh @ Chandra v. State of Karnataka, 2022 LiveLaw (SC) 387
  88. Constitution of India, 1950; Article 226 - When a number of issues/grounds were raised in the writ petition, there is a duty cast upon the High Court to deal with the same and thereafter, to pass a reasoned order. State of Uttarakhand v. Mayan Pal Singh Verma, 2022 LiveLaw (SC) 388
  89. Arbitration and Conciliation Act, 1996; Section 17 - Appeal against Delhi HC order which confirmed the interim order passed by Arbitral Tribunal directing the appellant to deposit the rental amount from March, 2020 onwards and up to December, 2021 - Partly allowed - No order could have been passed by the Tribunal by way of interim measure on the applications filed under Section 17 of the Arbitration Act in a case where there is a serious dispute with respect to the liability of the rental amounts to be paid, which is yet to be adjudicated upon and/or considered by the Arbitral Tribunal - The appellant will therefore have to deposit the entire rental amount except the period for which there was complete closure due to lockdown. Evergreen Land Mark Pvt. Ltd. v. John Tinson and Company Pvt. Ltd; 2022 LiveLaw (SC) 389
  90. Criminal Trial - Sentencing - Restorative Justice - To give opportunity to the offender to repair the damage caused, and to become a socially useful individual, when he is released from the jail - The maximum punishment prescribed may not always be the determinative factor for repairing the crippled psyche of the offender. (Para 43) Mohd Firoz v. State of Madhya Pradesh, 2022 LiveLaw (SC) 390
  91. Medical Negligence - A medical practitioner is not to be held liable simply because things went wrong from mischance or misadventure or through an error of judgment in choosing one reasonable course of treatment in preference to another - He/she would be liable only where his conduct fell below that of the standards of a reasonably competent practitioner in his field - Merely because he/she could not save the patient, that could not be considered to be a case of medical negligence. (Para 21-27) Dr. Chanda Rani Akhouri v. Dr. M.A. Methusethupathi, 2022 LiveLaw (SC) 391
  92. Constitution of India, 1950; Article 226 - Disciplinary Proceedings - Scope of judicial review and interference of the courts in the matter of disciplinary proceedings and on the test of proportionality discussed. Anil Kumar Upadhyay v. Director General, SSB, 2022 LiveLaw (SC) 392
  93. Service Law - Appointments made in contravention of the statutory provisions are void ab initio. (Para 32) State of Odisha v. Sulekh Chandra Pradhan, 2022 LiveLaw (SC) 393
  94. Code of Criminal Procedure, 1973; Sections 205 (2), 251 and 317 - Negotiable Instruments Act, 1882; Section 138 - The judgment in M/s Bhaskar Industries Ltd. v. M/s Bhiwani Denim Apparels Ltd.: (2001) 7 SCC 401 does not deal with a claim for blanket exemption from personal appearance - Observations therein essentially co-relate with the facts of the said case - In appropriate cases the Magistrate can allow an accused to make even the first appearance through a counsel - Such discretion needs to be exercised only in rare instances and there ought to be good reasons for dispensing with the presence. Mahesh Kumar Kejriwal v. Bhanuj Jindal, 2022 LiveLaw (SC) 394
  95. Specific Relief Act, 1963; Section 22(2) - Section 22(2) of the Act is only directory - Relief of possession is ancillary to the decree for specific performance and need not be specifically claimed - The expression "at any stage of proceeding" is wide enough to allow the plaintiffs to seek relief of possession even at the appellate stage or in execution even if such prayer was required to be claimed. (Para 25 - 30) Manickam @ Thandapani v. Vasantha, 2022 LiveLaw (SC) 395
  96. Code of Criminal Procedure, 1973; Section 482 - Criminal proceedings cannot be quashed only because the complaint has been lodged by a political rival. It is possible that a false complaint may have been lodged at the behest of a political opponent. However, such possibility would not justify interference under Section 482 Cr.P.C. to quash the criminal proceedings - The fact that the complaint may have been initiated by reason of political vendetta is not in itself ground for quashing the criminal proceedings. (Para 30, 39) Ramveer Upadhyay v. State of U.P., 2022 LiveLaw (SC) 396
  97. Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015 - Onus is on SEBI to prove communication of Unpublished Price Sensitive Information. (Para 32) Balram Garg v. Securities and Exchange Board of India, 2022 LiveLaw (SC) 397
  98. Central Goods and Services Tax Act, 2017; Section 56 - In terms of the principal part of Section 56 of the CGST Act, the interest would be awarded at the rate of 6 per cent. The award of interest at 9 per cent would be attracted only if the matter was covered by the proviso to the said Section 56 - Wherever a statute specifies or regulates the interest, the interest will be payable in terms of the provisions of the statute - Wherever a statute, on the other hand, is silent about the rate of interest and there is no express bar for payment of interest, any delay in paying the compensation or the amounts due, would attract award of interest at a reasonable rate on equitable grounds. (Para 18-19) Union of India v. Willowood Chemicals, 2022 LiveLaw (SC) 398
  99. Consumer Protection Act, 1986; Section 14(1) - The failure to provide an airbag system which would meet the safety standards as perceived by a car­buyer of reasonable prudence should be subject to punitive damages which can have deterrent effect. And in computing such punitive damages, the capacity of the manufacturing enterprise should also be a factor - Such damages can be awarded in the event the defect is found to have the potential to cause serious injury or major loss to the consumer, particularly in respect of safety features of a vehicle. (Para 13) Hyundai Motor India Ltd. v. Shailendra Bhatnagar, 2022 LiveLaw (SC) 399
  100. Protection of Interest of Depositors (in Financial Establishments) Act 1999 (Maharashtra); Section 2(c) - If the financial establishment is obligated to return the deposit without any increments, it shall still fall within the purview of Section 2(c) of the MPID Act, provided that the deposit does not fall within any of the exception. (Para 37) State of Maharashtra v. 63 Moons Technologies Ltd; 2022 LiveLaw (SC) 400

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