Supreme Court Monthly Digest: September 2022

Magistrate Cannot Make Observations Regarding Rights Of Parties On Property While Dropping Proceedings U/Sec 145 CrPC: Supreme CourtThe Supreme Court bench comprising of Justices Dinesh Maheshwari and Sudhanshu Dhulia observed that, while dropping the proceedings under Section 145 CrPC because of the pendency of civil litigations, a Magistrate cannot make any observations or return any findings as regards rights of the parties qua the property in question. Arbitrator Has Discretion To Award Post-Award Interest On A Part Of The 'Sum': Supreme Court The Supreme Court held that an arbitrator has the discretion to award post-award interest on a part of the 'sum'. The bench comprising of Justices DY Chandrachud and AS Bopanna observed that, the arbitrator has the discretion to determine the rate of reasonable interest, the sum on which the interest is to be paid, that is whether on the whole or any part of the principal amount, and the period for which payment of interest is to be made - whether it should be for the whole or any part of the period between the date on which the cause of action arose and the date of the award. Bar Of Order II Rule 2 CPC Applies Only To Subsequent Suits; Cannot Apply To An Amendment Sought On An Existing Suit: Supreme Court The Supreme Court observed that the bar of Order II Rule 2 of the CPC cannot apply to an amendment which is sought on an existing suit, but applies only to the subsequent suits. The bench comprising Justices Aniruddha Bose and JB Pardiwala also observed that the principle of constructive res judicata has no application when there was no formal adjudication between the parties after full hearing. Order VI Rule 17 - Amendment Applications Not To Be Rejected Merely For Delay : Supreme Court Lays Down Guidelines The Supreme Court observed that mere delay would not be a ground for rejecting the application for amendment under Order VI Rule 17 of Code of Civil Procedure. The bench comprising Justices Aniruddha Bose and JB Pardiwala also laid down guidelines for considering applications seeking amendment of plaint. It observed that liberal approach has to adopted while considering such amendment applications. Inter Departmental Communications / File Notings Cannot Be Relied Upon As A Basis To Claim Any Right: Supreme Court The Supreme Court observed that inter-departmental communications cannot be relied upon as a basis to claim any right. "Before something amounts to an order of the State Government, two things are necessary. First, the order has to be expressed in the name of the Governor as required by clause (1) of Article 166 and second, it has to be communicated.", the bench comprising Justices Hemant Gupta and Vikram Nath observed. Successive FIRs By Same Informant Against Same Accused On Same Allegations Impermissible, Violate Articles 21 & 22: Supreme Court The Supreme Court observed that registration of multiple FIRs by same person against same accused based on the same set of facts and the same cause of action is impermissible. "The act of the registration of such successive FIRs on the same set of facts and allegations at the instance of the same informant will not stand the scrutiny of Articles 21 and 22 of the Constitution of India", the bench comprising of Justices Ajay Rastogi and Abhay S. Oka observed. Murder Convict Cannot Be Sentenced To Punishment Less Than Life Imprisonment: Supreme Court There cannot be any sentence/punishment less than imprisonment for life, if an accused is convicted for murder offence under Section 302 of the Indian Penal Code, the Supreme Court bench comprising of Justices MR Shah and Krishna Murari observed in a judgment Twin Conditions Of Material Irregularity Or Fraud And Substantial Injury Has To Be Satisfied Before An Auction Sale Can Be Set Aside Under Order XXI Rule 90(3) CPC: Supreme Court The Supreme Court observed that the twin conditions of material irregularity or fraud and substantial injury has to be satisfied before an auction sale can be set aside under Order XXI Rule 90(3) of Code of Civil Procedure. No sale could be set aside unless the Court is satisfied that the applicant has sustained substantial injury by reason of irregularity or fraud in completing or conducting the sale, the bench comprising Justices Sanjay Kishan Kaul, S. Ravindra Bhat and MM Sundresh observed. Motor Accident Claims - Just Compensation Exceeding The Claimed Amount Can Be Awarded: Supreme Court The Supreme Court observed that Motor Accident Compensation exceeding the claimed amount can be awarded. In the matter of compensation, the amount actually due and payable is to be awarded despite the claimants having sought for a lesser amount and the claim petition being valued at a lesser value, the bench comprising Justices AS Bopanna and PS Narasimha observed. Employee Dismissed...

Supreme Court Monthly Digest: September 2022

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