Motor Accident Claim – Insurer’s Liability – Death of Coolie in Trailer Pulled by Insured Tractor – Liability Fastened – Deceased was riding on a trailer attached to an insured tractor when the accident occurred due to negligent driving – Held: Though the trailer was not separately insured, the tractor’s role as the proximate and root cause of the accident justified fastening liability on the insurer – MV Act is welfare legislation; coverage extends to accidents caused through attached trailers if arising from tractor operation [Paras 10-12].

Separate Insurance for Trailer – Not Mandatory in Attached Vehicle Accidents – Distinction Drawn – Held: When the trailer is attached to and forms part of the insured tractor during the accident, separate insurance for trailer is not required – Insurance policy for tractor covers liability arising from such integrated operation – Reliance on Andhra Pradesh High Court’s decision in Koduru Bhagyamma affirmed [Para 14].

Insurance Policy Limits – Liability Not Beyond Contract – Compensation Payable Limited to Policy Terms – Held: Insurance company cannot be held liable for compensation exceeding the limits prescribed by the insurance policy or law – However, insurer to pay full awarded amount with liberty to recover excess from owner [Paras 15-18].

Final Decision – Appeal Dismissed – Supreme Court upheld High Court’s order enhancing compensation and fastening liability on insurer – Liberty granted to insurer to recover differential amount from owner of vehicle – Appeal dismissed with no costs [Paras 19-20].

Criminal Law - Dishonour of Cheque – Successive Presentations – Section 138, NI Act – Fresh Right but Not Fresh Cause of Action – A payee may successively present a cheque during its validity period, and each dishonour gives a fresh right to present again – However, once a notice of demand under Section 138(b) is issued and served, and drawer fails to pay within 15 days, cause of action arises and stands exhausted – Thereafter, no fresh cause of action can be created with same cheque [Paras 8–15].

Cause of Action – Restrictive Meaning under Section 142, NI Act – Cause of action arises only once, i.e., when drawer fails to make payment within 15 days of receipt of statutory notice – One-month limitation for filing complaint reckoned from expiry of said 15 days – Multiple notices cannot revive limitation period [Paras 10–13, 16].

Quashing of Proceedings – Section 482 CrPC – High Court’s Interference Upheld – Appellant’s reliance on second notice and plea that limitation should run from date of reply to second notice rejected – First notice was served; cause of action accrued; failure to file complaint within prescribed period fatal – High Court rightly applied ratio of Sadanandan Bhadran – Complaint barred by limitation; quashing justified [Paras 5–7, 17].

Decision – Appeal Dismissed – Held: Cause of action accrued on non-payment after first notice; second notice did not revive cause of action – Complaint barred by limitation – High Court’s order quashing proceedings under Section 482 CrPC affirmed [Para 18].

Criminal Law – PC Act – Appeal Against Conviction - Definition of Public Servant – Stamp Vendor under Prevention of Corruption Act – Held to be Public Servant – The Court interpreted Section 2(c)(i) of the PC Act to include licensed stamp vendors within its scope – A stamp vendor, though not in direct employment of the Government, performs a public duty and receives remuneration in the form of commission (discount) under government-regulated rules – The nature of duty and mode of remuneration qualify such vendors as public servants under the PC Act [Paras 8–15, 45–49].

Remuneration – Discount Received by Stamp Vendors – Constitutes Commission – The Court held that the discount provided to stamp vendors under the 1934 Delhi Province Stamp Rules is a form of remuneration or commission, which enables the vendor to earn while ensuring public access to stamp papers – Such remuneration satisfies the condition under Section 2(c)(i) of the PC Act [Paras 20–29].

Public Duty – Test for Inclusion as Public Servant – Emphasis on Nature of Duty – Held – The performance of a public duty is the determinative factor for bringing an individual within the definition of “public servant” – The Court reiterated that even private individuals performing statutorily regulated public duties fall within the scope of the PC Act [Paras 45–48].

Demand and Acceptance of Bribe – Essential Ingredient – Not Proved – Acquittal Ordered – The prosecution failed to prove beyond reasonable doubt the demand for or voluntary acceptance of bribe – Material inconsistencies in witness testimonies, delay in procedure, and failure of panch witness to corroborate demand led to finding of insufficiency in evidence – Mere recovery of tainted money without proof of demand is not enough for conviction under Sections 7 and 13 of the PC Act [Paras 50–61].

Presumption under Section 20 PC Act – Inapplicable in Absence of Proven Demand – The presumption of guilt under Section 20 arises only after proving acceptance of illegal gratification following a demand – In the present case, absence of conclusive evidence of demand precludes presumption – Hence, conviction cannot be sustained [Paras 64–67].

Decision – Appeal Allowed – Conviction Set Aside – The Supreme Court allowed the appeal, holding that although stamp vendors are public servants under the PC Act, the prosecution failed to establish the crucial element of demand for illegal gratification – Consequently, the appellant’s conviction and sentence were set aside [Paras 68–69].

Criminal Contempt – Forgery of High Court Orders – Contempt Established – The contemnors fabricated and submitted forged High Court orders to obstruct the execution of a civil decree—The forged orders, attributed to a Judge not assigned the CRP roster, were never actually filed – Held: Such conduct squarely falls within Section 2(c)(iii) of the Contempt of Courts Act, constituting interference with the administration of justice – Conviction upheld [Paras 3–7].

Limitation – Section 20 of the Contempt of Courts Act – Suo Motu Action and Date of Initiation – Contempt Not Barred – Though statutory notice was issued in 2022, the High Court initiated contempt proceedings on 05.09.2018 via directions in W.P. No. 22410 of 2018 – Held: Date of judicial direction for suo motu initiation marks the relevant point under Section 20 – Proceedings within limitation [Paras 14–15].

Standard of Proof – Contempt Requires Proof Beyond Reasonable Doubt – Met in Instant Case – The High Court's conviction of the contemnors was based on confessional affidavits, witness statements, voice recordings, and forensic reports – Held: While summary procedure applies in contempt, the burden of proof must meet the criminal standard – The evidence in this case met that standard [Paras 6, 7, 16].

Procedural Fairness – Framing of Charges – No Formal Deficiency – Summary Nature of Contempt Proceedings Valid – The Court held that specific formal charges are not mandatory in contempt if the contemnors are aware of the accusations and afforded fair hearing – Gist of allegations was clear and opportunity to defend was provided – No violation of natural justice [Paras 10, 11].

Constitutional Powers of High Courts – Articles 129 and 215 – Inherent Power Not Limited by Statute – Held – While Section 20 of the Contempt Act prescribes limitation, it cannot override the High Court’s constitutional authority as a Court of Record under Article 215 – Suo motu actions remain valid if initiated within a reasonable period of awareness of contempt [Paras 12–13].

Sentence – Modified from Six Months to One Month – Though conviction upheld, Supreme Court reduced the sentence to one month simple imprisonment considering the overall circumstances – Appellants directed to surrender within 15 days [Para 17].

Service Law - Promotion – Disqualification Due to Expunged Punishment – Consideration Mandated – The appellant, a police constable, was denied consideration for promotion to Sub-Inspector in 2019 under the departmental quota on the ground of a past punishment imposed in 2005 – However, the punishment was set aside in 2009 and the criminal case also ended in acquittal – Held: Authorities erred in denying consideration based on non-existent punishment – Appellant entitled to consideration for promotion from 2019 [Paras 2-4].

Right to be Considered – Administrative Law – Not an Absolute Right to Promotion – The Court reiterated that while there is no absolute right to promotion, an employee has a right to fair consideration when promotion opportunities arise – Denial on erroneous grounds violates this right – Held: Denial was unjust and appellant must be considered for promotion with consequential benefits [Paras 4-5].

Decision – Appeal Allowed – Directions Issued – Appellant to be considered for promotion as if eligible in 2019 – If found fit, promotion to be granted from that date with all consequential benefits – Age bar to be ignored due to official error [Para 4-5].

Contract Law – Forfeiture of Advance Money – Advance Deemed Earnest – Valid Forfeiture – Despite being labelled as "advance money", the Rs. 20 lakh paid at the time of execution of the sale agreement functioned as earnest money—It served as a guarantee for performance, was paid upfront, and explicitly liable for forfeiture in case of purchaser’s default – Held: Respondents were justified in forfeiting the amount due to appellant's failure to pay balance consideration within stipulated period [Paras 29-41].

Contract Law – Liquidated Damages and Reasonableness – Section 74 of the Contract Act Inapplicable – Earnest Money Exempt – Though Section 74 applies to penalty clauses, earnest money is not deemed a penalty and is therefore exempt – Even if Section 74 were applied, forfeiture would be justified due to actual losses pleaded and proven by vendors – Clause imposing double refund liability on vendors in case of default not unconscionable or one-sided – Held: Forfeiture clause is fair, and entire advance amount lawfully forfeited [Paras 42-52].

Specific Relief – Refund of Earnest Money – Requirement of Specific Plea under Section 22(2) – No Automatic Grant – The appellant did not specifically plead for refund of earnest money nor sought to amend the plaint at trial or appellate stage – Relief under Section 22(1)(b) must be expressly claimed, even if alternative – Held: General prayer clause in plaint cannot substitute for specific claim under Section 22 – Appellant not entitled to refund [Paras 53-63].

Decision – Appeal Dismissed – Forfeiture Upheld – Supreme Court found no perversity in High Court judgment – Appellant’s failure to seek timely amendment under Section 22(2) decisive – Forfeiture clause held valid, equitable, and enforceable – No refund granted [Paras 64-65].

Arbitration Law - Arbitral Jurisdiction – Group of Companies Doctrine – Applicability to Non-signatories – Tribunal Empowered – The arbitral tribunal allowed impleadment of ASF Buildtech Pvt. Ltd., a non-signatory, holding it to be a veritable party under the Group of Companies doctrine – Held: An arbitral tribunal has the jurisdiction to decide its own competence under Section 16, and determine whether a non-signatory is bound by an arbitration agreement based on implied consent, conduct, or commonality of interest – The doctrine aims to prevent commercial realities from being frustrated by the absence of formal signature, especially where the non-signatory has played a substantial role in the contract's performance, negotiations, or termination – The Court noted the consistent conduct, use of a common group identity, overlapping directors, and active participation in contract execution by the ASF Group entities to justify impleadment – Reference made to Cox and Kings (I) and Chloro Controls decisions [Paras 50-53, 113-115, 126-127, 162-163].

Doctrine of Kompetenz-Kompetenz – Tribunal's Authority to Determine Jurisdiction – Confirmed – Reiterating the autonomy of arbitral tribunals under Section 16, the Court upheld that the tribunal is competent to determine its jurisdiction, including questions involving joinder of parties – The tribunal's power is not merely procedural but substantive, enabling it to make binding determinations without premature judicial interference – The Court invoked the 'always speaking' rule of statutory interpretation to highlight that the Arbitration Act, 1996 must be applied contextually to modern commercial realities – Held: The arbitral tribunal is not a creature of mere appointment orders, but of the arbitration agreement itself – Jurisdiction arises de jure from the agreement, not the referral court's order – Reference made to Adavya Projects, Redfern & Hunter, and M/s Arif Azim Co. Ltd. v. Micromax Informatics [Paras 128-143].

Referral Court’s Jurisdiction – Scope under Section 11 – Limited – The referral court's role is confined to a prima facie examination of the existence of an arbitration agreement – Questions regarding whether a party is a signatory or bound by the agreement fall within the tribunal’s domain once constituted – The “reference” mechanism under the 1940 Act does not exist under the 1996 Act – Post-appointment, disputes must be resolved by the arbitral tribunal as a one-stop forum – Reference made to Gammon India Ltd. v. NHAI [Paras 103-105, 122, 164].

Implied Powers Doctrine – Tribunal’s Authority to Implead Non-signatories – Statutory Recognition Inferred – Even in the absence of an express provision authorizing impleadment, the tribunal can exercise such power under the doctrine of implied powers, as a necessary intendment of Sections 2(1)(h) and 7 of the Act, 1996 – The doctrine operates to avoid grave hardship and give effect to the object of arbitration as an efficient alternative dispute resolution mechanism – Reference made to Savitri v. Govind Singh Rawat and Gayatri Balasamy (dissent, K.V. Viswanathan, J.) [Paras 121-123, 126-127].

Section 21 and 23 – Scope and Distinction – Notice of Arbitration Not Mandatory for Each Claim or Party – The issuance of a notice under Section 21 serves only to demarcate the commencement of arbitral proceedings for limitation purposes – It is not jurisdictional in nature nor does it restrict the tribunal from adjudicating other claims, counter-claims, or impleading new parties – The requirement under Section 21 is procedural and not a precondition to validity of claims raised under Section 23 – Any claims within the arbitration agreement can be raised directly in the statement of claim or counter-claim – Reference made to Milkfood Ltd., State of Goa v. Praveen Enterprises, and Adavya Projects [Paras 144-160].

Non-service of Section 21 Notice – Not Fatal to Jurisdiction – The Court clarified that a party’s impleadment does not depend on service of Section 21 notice if it is found to be bound by the arbitration agreement – The tribunal’s jurisdiction is not nullified by such non-service – Primary function of Section 21 is limited to limitation computation and invocation – The decision of the Delhi High Court in Alupro Building Systems was distinguished for overstating the mandatory nature of such notice – Reference made to Adavya Projects, BSNL v. Nortel Networks, and Alupro [Paras 158-160].

Evidentiary Factors – Composite Transaction and Common Management – The High Court and arbitral tribunal rightly concluded that ASF Buildtech, BCSPL and AISPL operated under a common umbrella – All were engaged in performance and negotiations of a single composite project – Common directors, continuous use of ASF insignia, mutual correspondence, and novation/substitution within the ASF Group were key factors considered in binding non-signatories – Such evidentiary matrix satisfied the mutual intent and operational control criteria under the Group of Companies doctrine [Paras 161-163].

Judicial Recommendation – Statutory Amendment Required – The Court observed with concern the continuing procedural uncertainty due to absence of explicit statutory provision on impleadment power of tribunals – Noted the failure of the proposed Arbitration and Conciliation Bill, 2024 to address this lacuna – Urged the Department of Legal Affairs to bring clarity through legislative intervention, referencing the long-standing judicial concern since Chloro Controls and Gayatri Balasamy – Any uncertainty in arbitration law is detrimental to business confidence and efficient dispute resolution [Paras 170].

Final Decision – Impleadment Upheld – Appeal Dismissed – Held: No error of law or fact was committed by the arbitral tribunal or the High Court in permitting impleadment of non-signatories – All legal contentions to remain open before the arbitral tribunal – Special Leave Petition dismissed and copy of judgment directed to be circulated to all High Courts and the Ministry of Law & Justice [Paras 171-175].

Custom Taxation Law - Customs Valuation – Charges to Indian Agent – Part of Assessable Value – Appellant imported shovel spare parts from a foreign supplier through its Indian distributor, Voltas Ltd. – An additional 8% of FOB value was payable to Voltas as engineering and technical service charges – Supreme Court held that these charges were a condition of sale and formed part of the import transaction – As such, they were rightly included in the assessable value under Rule 9(1)(e) of the Customs Valuation Rules, 1988 [Paras 8-21].

Post-import Services – Distinction Not Applicable – Charges Related to Import Process – Appellant argued that services were post-import maintenance assistance and not dutiable – Court found that services like identifying spare parts, assisting in customs clearance, and coordinating replacements were directly linked to the sale and import process – Held: Charges were pre-import and condition of sale; Note to Rule 4 inapplicable [Paras 19-21, 33].

Agency Relationship – Indian Agent as Seller’s Obligation – Payments to Agent Deemed Seller’s Responsibility – Voltas acted on behalf of the foreign supplier, not as independent service provider – Appellant had no separate agreement with Voltas – Therefore, payments to Voltas were made to satisfy an obligation of the seller, falling squarely under Rule 9(1)(e) [Paras 20, 25].

Decision – Appeal Dismissed – Inclusion of 8% service fee in assessable value upheld – Orders of Assistant Commissioner, Commissioner (Appeals), and CESTAT affirmed – Court found no merit in appeal [Para 34].

Criminal Law – Quashing of FIR – Commercial Dispute – FIR Quashed – Appellant, a Sri Lanka-based importer, was accused by an Indian seller of cheating and criminal breach of trust for non-payment of ₹34.71 lakhs for sarees exported through a third-party exporter (M/s Oswal Overseas) – Supreme Court held that the transaction was a commercial one with no direct entrustment of goods to appellant – FIR registered under Sections 406 and 420 IPC constituted abuse of process – FIR quashed [Paras 2-5, 11-17].

Cheating and Criminal Breach of Trust – Ingredients Not Met – Mere Non-payment – Not a Crime – Court reiterated that to constitute offence under Sections 415/420 IPC, fraudulent intent must exist at inception – No entrustment to appellant or dishonest inducement proved – Payment dispute is civil in nature; not a basis for criminal prosecution [Paras 6-10].

Section 482 CrPC – Principles for Interference – Reaffirmed – Court cited precedents including Hridaya Ranjan Prasad Verma, Radheyshyam, and A.M. Mohan – Held: Courts must be cautious in invoking Section 482; FIR can be quashed if it reveals no cognizable offence and is aimed at harassment [Paras 8-10].

Decision – Appeal Allowed – FIR Quashed – Impugned High Court order reversed – Criminal case arising from FIR I-06 of 2017 quashed as a civil dispute given colour of criminality – Continuation of proceedings held to be abuse of process [Para 17].