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Indian Laws - Supreme Court - Case Laws
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- 2021 (10) TMI 755 - SUPREME COURT
Murder or death by falling in the well under the influence of liquor - giving threats for the offences under Sections 504 & 506 IPC - presumption of innocence - HELD THAT:- The order granting bail to the accused pending appeal lacks total clarity on which part of the judgment and order can be said to be submissions and which part can be said to be the findings/reasonings. It does not even reflect the submissions on behalf of the Public Prosecutor opposing the bail pending appeal. A detailed counter affidavit was filed on behalf of the State opposing the bail pending appeal which has not been even referred to by the High Court. The manner in which the High Court has disposed of the application under Section 389 Cr.P.C. and has disposed of the application for bail pending appeal cannot be approved. It is very unfortunate that by this ju....... + More
- 2021 (10) TMI 691 - SUPREME COURT
Imposition of electricity duty and penalty on the electricity - Maintainability of petition - alternate statutory remedy under Section 9A of the Act, present or not - appropriate forum - High Court declined to entertain the writ petition instituted by the appellant on the ground that the dispute between the parties is factual in nature and is suitable for adjudication in terms of the statutory remedy provided in the Bihar Electricity Duty Act 1948, Bihar Electricity Act or the Act - whether dispute involves questions of fact which are not amenable to the writ jurisdiction of the High Court? HELD THAT:- While a High Court would normally not exercise its writ jurisdiction under Article 226 of the Constitution if an effective and efficacious alternate remedy is available, the existence of an alternate remedy does not by itself bar the High C....... + More
- 2021 (10) TMI 527 - SUPREME COURT
Jurisdiction - power of National Green Tribunal (NGT) to exercise Suo Motu jurisdiction in discharge of its functions under the National Green Tribunal Act, 2010 - HELD THAT:- The NGT Act, when read as a whole, gives much leeway to the NGT to go beyond a mere adjudicatory role. The Parliament’s intention is clearly discernible to create a multifunctional body, with the capacity to provide redressal for environmental exigencies. Accordingly, the principles of environmental justice and environmental equity must be explicitly acknowledged as pivotal threads of the NGT’s fabric. The NGT must be seen as a sui generis institution and not unus multorum, and its special and exclusive role to foster public interest in the area of environmental domain delineated in the enactment of 2010 must necessarily receive legal recognition of this....... + More
- 2021 (10) TMI 526 - SUPREME COURT
Professional and/or other misconduct - removal of the name of the appellant from the membership of the respondentInstitute for a period of five years - wrong deposit of amount in local treasury unit of Income tax Department at Agra - further, allegation is that the appellant had interpolated assessees’ copies of challans to show higher figures and claimed the higher amount - HELD THAT:- The Institute of Chartered Accountants of India is a statutory body created by an Act of Parliament that is the Chartered Accountants Act, 1949. In accordance with Section 9 of the Act, the management of the affairs of the Institute are vested in the Central Council. The Council performs its function through three different standing committees constituted under Section 17 of the Act and various other committees. One of the standing committe....... + More
- 2021 (10) TMI 480 - SUPREME COURT
Requirement of pre-deposit - Direction to deposit 75% of the awarded amount in terms of Section 19 of Micro, Small and Medium Enterprises Development Act, 2006 - question of law or question of fact - HELD THAT:- On a plain/fair reading of Section 19 of the MSME Act, 2006 at the time/before entertaining the application for setting aside the award made under Section 34 of the Arbitration & Conciliation Act, the applicant/appellant has to deposit 75% of the amount in terms of the award as a pre-deposit. The requirement of deposit of 75% of the amount in terms of the award as a pre-deposit is mandatory. However, at the same time, considering the hardship which may be projected before the appellate court and if the appellate court is satisfied that there shall be undue hardship caused to the appellant/applicant to deposit 75% of the awarde....... + More
- 2021 (10) TMI 478 - SUPREME COURT
Jurisdiction of civil court to entertain the civil suit based on the Industrial Disputes Act, 1947 - termination of temporary employees - seeking execution of decree - HELD THAT:- In the present matter, the appellant has clearly founded his claim in the suit, on the provisions of the ID Act and the employer therefore is entitled to raise a jurisdictional objection to the proceedings before the civil court. The courts below including the executing court negated the jurisdictional objection. The High Court in Revision, however has overturned the lower court’s order and declared that the decree in favour of the plaintiff is hit by the principle of coram non judice and therefore, the same is a nullity. As can be seen from the material on record, the challenge to the termination was founded on the provisions of the ID Act. Although juris....... + More
- 2021 (10) TMI 431 - SUPREME COURT
Dishonor of Cheque - funds insufficient - vicarious liability of Directors, who are not signatories to the cheques - whether the role of the appellants in the capacity of the Director of the defaulter company makes them vicariously liable for the activities of the defaulter Company as defined under Section 141 of the NI Act? - offence chargeable under Section 138 of the NI Act? HELD THAT:- So far as Directors who are not the signatories to the cheques or who are not Managing Directors or Joint Managing Directors are concerned, it is clear that it is necessary to aver in the complaint filed under Section 138 read with Section 141 of the NI Act that at the relevant time when the offence was committed, the Directors were in charge of and were responsible for the conduct of the business of the company. In the case on hand, reading the complai....... + More
- 2021 (10) TMI 378 - SUPREME COURT
Dishonor of Cheque - on the basis of compromise deed relief granted to accused - violation of terms of settlement agreement - jurisdiction under Section 482 CrPC to quash the prosecution on the basis of the deed of compromise which has not been implemented due to the default of the accused - existence of liability or not - cheques were issued as and by way of security are matters for trial - legally enforceable debt or not - embargo under Section 138 of the NI Act on parallel proceedings for distinct offences involving the dishonor of cheques or not - whether parallel prosecutions arising from a single transaction under Section 138 of the NI Act can be sustained? HELD THAT:- In this case, a set of cheques were dishonoured, leading to filing of the first complaint under Section 138 of the NI Act. The parties thereafter entered into a deed ....... + More
- 2021 (10) TMI 377 - SUPREME COURT
Jurisdiction - order passed in the Lok Adalat as regards the merits of the case and dismissing the same without sending back to High Court - settlement not arrived at, between the parties - whether in the Lok Adalat held by the High Court, was it open for the members of the Lok Adalat to enter into the merits of the writ petition and to dismiss the same on merits, in absence of any settlement arrived at between the parties? - HELD THAT:- A fair reading of various provisions of the Legal Services Authorities Act, 1987 makes it clear that the jurisdiction of the Lok Adalat would be to determine and to arrive at a compromise or a settlement between the parties to a dispute and once the aforesaid settlement / compromise fails and no compromise or settlement could be arrived at between the parties, the Lok Adalat has to return the case to the ....... + More
- 2021 (10) TMI 376 - SUPREME COURT
Reserve forest - removal of sandalwood oil illegally, or without authorization from any reserve forest, or area - presumption of culpability in the event possession - rebuttable presumption - Section 27 of the Kerala Forest Act - HELD THAT:- In the present case, the appellant did not dispute ownership of the articles seized. Section 69 of the Act enacts presumption, that when possession of a forest produce is found with someone, that it is deemed to belong to the state (or central) government. Now, this presumption is a rebuttable one; several decisions of this court have said that the burden of proving the foundational facts, which will give rise to the presumption, is upon the prosecution - In the present case, there is no contest about the fact that the goods were seized from the premises of the appellant, and belonged to him. The good....... + More
- 2021 (10) TMI 250 - SUPREME COURT
Scope of the Arbitration - Denial of pendente lite interest on the award amount - Clause 17 of the Contract is ultra vires in terms of Section 28 of the Indian Contract Act, 1872 or not? - HELD THAT:- The law relating to award of pendente lite interest by Arbitrator under the 1996 Act is no longer res integra. The provisions of the 1996 Act give paramount importance to the contract entered into between the parties and categorically restricts the power of an arbitrator to award prereference and pendente lite interest when the parties themselves have agreed to the contrary - if the contract prohibits prereference and pendente lite interest, the arbitrator cannot award interest for the said period. In the present case, clause barring interest is very clear and categorical. It uses the expression “any moneys due to the contractor”....... + More
- 2021 (10) TMI 249 - SUPREME COURT
Claim of share from the partnership firm - Right of legal heirs after the demise of three original partners - rejection of the plaint on the ground that the plaint does not disclose any cause of action - Order VII Rule 13 of the Civil Procedure Code - It is their case that the accounts of the partnership firm have not been finalized and that the share of the profits of the partnership firm has not been paid to them. It is also the case of the plaintiffs that the defendants are seeking to represent the partnership firm to the exclusion of the plaintiffs and that the defendants are siphoning off funds of the partnership firm. HELD THAT:- From the perusal of the plaint, it could be gathered that the case of the plaintiffs is that in spite of demise of the three original partners of the partnership firm, through whom the plaintiffs were claim....... + More
- 2021 (10) TMI 49 - SUPREME COURT
Trespassing of scheduled properties - summon order - vicarious liability of executives - offences punishable under Sections 427, 447, 506 and 120B read with Section 34 IPC - HELD THAT:- Looking to the averments and the allegations in the complaint, there are no specific allegations and/or averments with respect to role played by them in their capacity as Chairman, Managing Director, Executive Director, Deputy General Manager and Planner & Executor. Merely because they are Chairman, Managing Director/Executive Director and/or Deputy General Manager and/or Planner/Supervisor of A1 & A6, without any specific role attributed and the role played by them in their capacity, they cannot be arrayed as an accused, more particularly they cannot be held vicariously liable for the offences committed by A1 & A6. From the order passed by the....... + More
- 2021 (10) TMI 1 - SUPREME COURT
Seeking grant of anticipatory bail - misconception and misunderstanding of Section 170, Code of Criminal Procedure - HELD THAT:- The circumstances under which the impugned order was passed and thereafter the Appellant approached this Court was noticed in the order dated 28.07.2021. What was stated was that as per the SOP in these difficult times, the Appellant was supposed to join virtually and when he sought to enter appearance, his request was declined by order dated 09.06.2021 by the Special Chief Judicial Magistrate (CBI), Bhubaneshwar predicated on the reasoning that he had not remained physically present. It is this order which had been upheld by the impugned judgment dated 09.07.2021. We thus protected the Appellant against arrest with the direction to continue to attend the trial Court proceedings virtually in the then prevalent s....... + More
- 2021 (9) TMI 1159 - SUPREME COURT
Dishonor of Cheque - insufficiency of funds - rebuttal of presumption - evidence on record to show that the appellant possessed the funds and the same had been actually paid by him to the respondent to constitute legally recoverable debt or not - preponderance of probablity - HELD THAT:- The signature on the documents at Exhibits P6 and P2 is not disputed. Exhibit P2 is the dishonoured cheque based on which the complaint was filed. From the evidence tendered before the JMFC, it is clear that the respondent has not disputed the signature on the cheque. If that be the position, as noted by the courts below a presumption would arise under Section 139 in favour of the appellant who was the holder of the cheque. On the position of law, the provisions referred to in Section 118 and 139 of N.I. Act as also the enunciation of law as made by this ....... + More
- 2021 (9) TMI 1158 - SUPREME COURT
Joint Hindu Family - Maintainability of complaint - appellant had availed the services for consideration on behalf of his sister-in-law, being the Karta of Joint Hindu Family - whether the appellant could file a complaint in respect of deficiency in service on part of the respondent regarding the treatment given to his sister-in-law Kiran Srivastava? - HELD THAT:- A consumer means any person who hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised and includes a beneficiary of services. The brother-in-law of a pregnant woman would not be a beneficiary of any services rendered by the respondent. There is no allegation that he has paid or promised any consideration for engaging the services of the respondent. The only assertion in the complaint is that he is the ‘Karta&....... + More
- 2021 (9) TMI 1157 - SUPREME COURT
Liability to pay the amount of certain cheques signed by him along with interest at the rate of 9% p.a. - jurisdiction of the NCDRC - complainant in terms of Section 2(1)(b) of the Consumer Protection Act, 1986 - HELD THAT:- The complainant before the NCDRC is neither a voluntary consumer association registered under the Companies Act, 1956 nor under any other law for the time being in force. The complaint is maintainable on behalf of the numerous consumers having the same interest in terms of clause (iv) of Section 2(1)(b) of the Act - A complaint on behalf of one or two consumers having same interest can be filed only with the permission of the forum of which the jurisdiction is invoked. Since the complainant is neither a voluntary consumer association nor a registered body, nor the permission of the appropriate forum has been sought, t....... + More
- 2021 (9) TMI 1155 - SUPREME COURT
Monetary amount involved in National Consumer Disputes Redressal Commission - claim is below the enhanced pecuniary jurisdiction of the NCDRC or not - NCDRC by its order dated 30 July 2020 dismissed the consumer case on the ground that after the enforcement of the Act of 2019, its pecuniary jurisdiction has been enhanced from rupees one crore to rupees ten crores - in the present case, the claim of ₹ 2.19 crores is made - right to a forum - accrued right or not - HELD THAT:- While Section 6(e) of the General Clauses Act protects the pending legal proceedings for the enforcement of an accrued right from the effect of a repeal, this does not mean that the legal proceedings at a particular forum are saved from the effects from the repeal. The question whether the pending legal proceedings are required to be transferred to the newly cre....... + More
- 2021 (9) TMI 1154 - SUPREME COURT
Refund of the amounts deposited by the Apartment Buyers - inordinate delay in completing the construction and obtaining the Occupation Certificate - determination of the date from which the 42 months period for handing over possession is to be calculated - whether it would be from the date of issuance of the Fire NOC as contended by the Developer or, from the date of sanction of the Building Plans, as contended by the Apartment Buyers? - terms of the Apartment Buyer's Agreement were one-sided - applicability of such terms on the Apartment Buyers - Real Estate (Regulation and Development) Act, 2016 having primacy over the Consumer Protection Act, 1986 or not - termination of agreement on account of the inordinate delay in handing over possession. Determination of the date for handing over Possession - whether the 42 months' period ....... + More
- 2021 (9) TMI 1112 - SUPREME COURT
Auction conducted by Moradabad Development Authority (MDA) in respect of the land - auction purchaser who purchased the suit land from the MDA - transferable owner and cultivator of lands - respondent challenged the auction proceedings in the suit on the ground that MDA had title only over the land measuring 200 sq. mt. of the auctioned land, and thus the sale of the remaining land measuring 400 sq. mt. was null and void - HELD THAT:- There is a specific finding of fact in the judgment of the Trial Court that the permission which was issued on 5 May 1993 to Zahid Hussain for the transfer of 1295.04 sq mt of land was in modification of an earlier order dated 29 March 1993. The permission was in respect of the 2000 sq. mt of land which was retained by Zahid Hussain. The High Court has not adverted to this finding of fact at all nor has it f....... + More
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