Facts:

The dispute involved owners seeking eviction of the United Commercial Bank (the bank) from premises after the expiry of a lease agreement. The owners alleged that the bank was granted a fixed-term lease and later asked the bank to vacate. The bank claimed to be a monthly tenant due to continued rent payments at an increased rate, which the owners accepted.

Issues:

Whether the acceptance of increased rent created a fresh tenancy under Section 116 of the Transfer of Property Act, 1882, after the original lease had expired.

Held:

The Court held that acceptance of rent after lease expiry was an unequivocal act indicating the landlord's consent to the tenant's continued possession. However, in cases where Rent Restriction Acts apply, a mere acceptance of rent doesn't create a new tenancy, as tenants are protected from eviction. Nevertheless, an agreement for a fresh tenancy could be implied from the parties' conduct. In this case, the bank's conduct and the owners' acceptance of increased rent implied assent to a month-to-month tenancy.

Decision: The Court dismissed the appeal, upholding the High Court's decision to reverse the trial court's judgment for eviction. The parties were left to bear their own costs.

Facts:

Hiri Thimmaiah, the Karta of the coparcenary, had two wives: Sidamma and Ningamma.

Appellants are the children of Hiri's first wife, Sidamma, and respondents include Hiri's second wife, Ningamma, and her daughter.

Appellant No. 1 filed a suit for partition, claiming a 7/12th share in the properties and declaring certain properties as ancestral.

Respondents argued that some properties were self-acquired by Hiri and that the two deeds were settlement deeds, not gifts.

Issues:

Classification of properties as ancestral or self-acquired.

Validity of the two deeds as gifts or settlements.

Distribution of shares among the parties.

Applicability of the Mysore Hindu Law Women's Rights Act, 1993.

Held:

The Supreme Court partly allowed the appeal, affirming the division of coparcenary properties. It found that items 3 to 6 were coparcenary properties and upheld the shares declared by the High Court.

The Court held that the Mysore Act did not apply in this case due to the proviso to Section 6 of the Hindu Succession Act, 1956. Consequently, Section 8(1)(d) of the Mysore Act was inapplicable.

Explanation I to Section 6 of the 1956 Act was invoked to calculate shares as if an actual partition had occurred before Hiri's death. Appellant No. 1 received half of the coparcenary properties, while respondent No. 2 (unmarried daughter) obtained a share determined under Section 8(2)(c) of the Mysore Act. All parties received equal shares in Hiri's interest as heirs on intestacy.

Facts:

The appellant, State of Himachal Pradesh, appealed against the acquittal of Mango Ram, who was charged with the rape of a 13-year-old girl. The prosecution alleged that Mango Ram, the brother-in-law of the victim's father, raped the girl in a cowshed while she was sent to fetch a plough from a relative's house.

Issues:

Whether the victim was below the age of 16 at the time of the incident.

Whether there was consent on the part of the victim.

Whether medical evidence supported the prosecution's case.

Whether the sentence should be reduced based on the circumstances.

Held:

The Supreme Court found the following:

The victim's age: The Court concluded that the victim was most likely between 13 to 14 years old based on medical examinations and family records. The trial court's finding that she was over 16 was erroneous.

Consent: The Court noted that there was strong evidence of resistance by the victim. She had tried to protect herself, cried out, and immediately reported the incident to her father. This behavior indicated a lack of consent.

Medical evidence: The absence of spermatozoa in clothing and the inability to determine the extent of penetration were not significant. The victim's medical examination indicated hymen laceration and clotting of blood, supporting her version of events.

Sentencing: Given the familial relationship between the accused and the victim, the passage of time, and the potential for social harmony, the Court took a lenient view on sentencing. The accused was sentenced to the period he had already spent in custody.

Facts:

The case involves a dispute over the inheritance of property left by Harbilas.

Two categories of claimants are in dispute: descendants of Harbilas's great-grandfather (appellants) and Harbilas's sister's sons (respondents).

The dispute is governed by the special legislation known as "Quanoon Mal Riyasat Gwalior, 1983."

Section 253 of this legislation outlines the order of succession for certain tenants, and the main issue revolves around the interpretation of Clause (9) of this section.

Issues:

Whether sisters or sisters' sons are entitled to inherit the property of the deceased under Section 253(9) of the Quanoon Mal Riyasat Gwalior, 1983.

Held:

The Court held that sisters and sisters' sons cannot claim succession under Section 253(9) of the Special Legislation. This is because the legislation specifically mentions "nearest blood relation" and circumscribes them to within three generations from father, grandfather, or great-grandfather. The appellants, being descendants of the great-grandfather of Harbilas, fell within this three-generation limit. The legislation did not mention sisters or sisters' sons in this context, and their omission was deliberate.

The Court emphasized that the legislation must be interpreted as it stood, and it could not incorporate amendments from other laws, such as the Hindu Law of Inheritance (Amendment) Act, 1929. The legislative history and deliberate omissions could not be overridden by applying external principles.

The principle of stare decisis was rejected as no prior decisions supported the interpretation argued by the respondents. The Court held that sister and sister's son could not be included in the order of succession under Section 253(9).

The appeal was allowed, and the suit of the plaintiffs (respondents) was dismissed. The parties were left to bear their own costs. The Court clarified that this interpretation of Section 253(9) would only apply prospectively.

Facts:

The appellant, an advocate, was the legal advisor of a bank. Following the termination of his retainership, the bank requested the return of all case files. The appellant claimed Rs. 91,700 in unpaid fees and refused to return the files until payment was made. A complaint was filed with the State Bar Council, leading to the proceedings.

Issues:

Whether the files held by the advocate can be considered "goods" under Section 171 of the Indian Contract Act.

Whether the advocate had a valid lien on the case files.

Whether the withholding of case files by the advocate amounted to professional misconduct.

The appropriate punishment for the advocate if found guilty.

Held:

The court clarified that files containing copies of records cannot be equated with "goods" under Section 171 of the Indian Contract Act. The term "goods" in this context refers to items with marketability, capable of being sold for money, which does not apply to legal case files.

The court noted that Indian High Courts had previously adopted differing views on whether advocates had a lien over litigation files. However, the Bar Council of India Rules specifically prohibited advocates from adjusting fees against personal liabilities to clients and did not provide a lien on litigation files. Allowing such a lien could lead to abuses and exploitation.

The court emphasized that the litigant's cause was more important than the advocate's right to remuneration. Clients must have the freedom to change advocates, and it is both a legal duty and a moral imperative for advocates to return case files promptly when discharged.

The court found the advocate's refusal to return the files upon the client's request constituted professional misconduct under Section 35 of the Advocates Act. The court considered two factors in determining the appropriate punishment: (1) the absence of a clear legal precedent regarding advocates' liens on case files and (2) the advocate's potential bona fide belief based on previous court decisions. Consequently, the court reduced the punishment to a reprimand, with the caveat that this should not set a precedent for future cases.

Decision: The court upheld that files held by the advocate were not "goods" and could not be subject to a lien. It affirmed that clients have the right to change their advocates and that advocates must return case files promptly upon discharge. The court, in light of the circumstances, imposed a reprimand as the punishment for the advocate's professional misconduct.

Facts:

The case revolves around issues related to seniority and promotions in the Delhi Higher Judicial Service. Recruitment can be done either through promotion from the Delhi Judicial Service or direct recruitment from the Bar. Rules 8(2), 16, and 17 govern the determination of seniority and appointments.

A previous judgment, O.P. Singla & Anr. v. Union of India & Ors., [1985] 1 SCR 351, established that seniority should be determined based on continuous officiation for both direct recruits and promotees, provided the promotees meet the qualifications under Rule 7 of the Delhi Higher Judicial Service Rules, 1970.

The High Court of Delhi prepared a provisional seniority list based on continuous officiation but excluded certain officers who held posts on ad hoc, fortuitous, or stop-gap arrangements.

Issues:

The correctness of the exclusion of certain officers from the seniority list based on their appointment status.

The interpretation of terms such as "ad hoc," "fortuitous," and "stop-gap" in the context of appointments.

Held:

The High Court erred by excluding promotees from the seniority list on the grounds of ad hoc, fortuitous, or stop-gap appointments, even when these appointments were made under Rules 16 and 17 of the Delhi Higher Judicial Service Rules, 1970, with due consultation and approval of the High Court, and the appointees met the qualifications under Rule 7.

The Court affirmed the principle established in O.P. Singla & Anr. v. Union of India & Ors. that continuous length of service should be the basis for determining seniority between direct recruits and promotees, provided the requisite qualifications are met.

The Court rejected the High Court's conclusion that promotions to posts with lien automatically make appointments ad hoc or fortuitous. This conclusion contradicted the earlier judgment.

Appointments made under Rule 16 or 17, with due consultation and approval and with qualified appointees, cannot be considered ad hoc, fortuitous, or stop-gap.

Facts:

In a batch of cases, an important question arose regarding the appointment of an arbitrator under the Arbitration and Conciliation Act, 1996. The central issues were whether the order appointing an arbitrator by the Chief Justice or their nominee is judicial or administrative in nature and what remedies are available to a party aggrieved by such an order. This matter came before a Full Bench of the Supreme Court.

Issues:

What is the nature of the order passed by the Chief Justice or their nominee under Section 11(6) of the Arbitration and Conciliation Act, 1996?

If the order is administrative, what is the remedy available to a person aggrieved by such an order?

Held:

The Court held as follows:

The order passed by the Chief Justice or their nominee under Section 11(6) of the Act is administrative in nature and not judicial or quasi-judicial. It is intended to facilitate the constitution of the arbitral tribunal promptly and efficiently.

An order refusing to appoint an arbitrator, if erroneous, can be remedied by the issuance of a mandamus. However, parties should avoid approaching the court against administrative orders to ensure the expeditious resolution of disputes through arbitration.

Decision: The Court made the following decisions:

In cases where the Chief Justice or their nominee has appointed an arbitrator, the order is administrative and not subject to judicial intervention under Article 136 of the Constitution. Special leave petitions challenging such orders were dismissed.

In cases where the Chief Justice or their nominee erroneously refuses to appoint an arbitrator, a remedy is available through the issuance of a writ of mandamus. However, parties are encouraged to avoid unnecessary delays in arbitration proceedings.

Facts:

The petitioners challenged the constitutional validity of Section 113 of the Tamil Nadu Town and Country Planning Act, 1971, as well as the validity of government orders (GOs) passed under it granting exemptions. They also challenged the 1998 amendment that introduced Section 113-A. The petitioners contended that Section 113 was being used indiscriminately to grant exemptions in violation of public policy and that it amounted to excessive delegation of legislative power. They also argued that Section 113-A suffered from similar constitutional issues.

Issues:

Whether Section 113 of the Tamil Nadu Town and Country Planning Act, 1971, was constitutionally valid or if it suffered from excessive delegation of legislative power.

Whether the government orders (GOs) passed under Section 113 were arbitrary and against the public interest.

Whether the 1998 amendment introducing Section 113-A was constitutionally valid.

Held:

The Court held that Section 113 of the Tamil Nadu Town and Country Planning Act, 1971, was valid and did not suffer from excessive delegation. It emphasized that the preamble, objects, reasons, and various provisions of the Act provided clear policy and guidelines for the government's exercise of power under the section.

The Court emphasized that even when a statute confers wide discretion on a delegatee, that discretion must be exercised reasonably within the scope of the statute, and the exercise must be subject to judicial scrutiny. It stressed that reasons should be recorded for the exercise of such power.

The Court found that the 62 government orders (GOs) passed under Section 113 were not sustainable in law. The government had granted exemptions without following the rules and without recording reasons. These orders were found to be arbitrary and against the public interest.

The Court upheld the validity of Section 113-A introduced by the 1998 amendment. It noted that Section 113-A provided clear instructions to the government on how to regularize illegal constructions by charging regularization fees and did not suffer from the same vices as Section 113.

The Court expressed concern about the recurring issue of illegal constructions and the need for effective measures by the State to prevent such situations from affecting public rights, including public health, safety, and traffic.

Facts:

A notification was issued under Section 4(1) of the Land Acquisition Act for the acquisition of certain land.

A batch of 73 writ petitions challenged this acquisition before the High Court.

The High Court initially allowed these petitions, quashing the acquisition proceedings.

Subsequently, the applicants also sought to quash the acquisition proceedings for their lands.

The Delhi Administration and the Delhi Development Authority (DDA) appealed to the Supreme Court against the High Court's judgment.

The DDA had previously represented to the applicant that the acquisition proceedings were quashed, and the applicant had acted on this representation by constructing a building.

Issues:

Whether those claimants who did not file objections to the Section 4 notification can later challenge the Section 5A inquiry or seek the quashing of the Section 6 declaration.

The nature and sufficiency of reasons in the Section 6 declaration.

The scope and limitations of review applications.

The propriety of representing review applications as applications for 'clarification,' 'modification,' or 'recall' to bypass the circulation procedure.

Held:

The Supreme Court held that those claimants who had not filed objections to the Section 4 notification cannot later contend that the Section 5A inquiry is vitiated or seek the quashing of the Section 6 declaration.

The Court clarified that the Section 6 declaration need not contain reasons or refer to objections for every particular piece of land. It is sufficient if the authority conducting the Section 5A inquiry has considered the objections raised in relation to any particular land.

Review applications have a narrow scope, and parties should exercise restraint in filing them. The Court emphasized the need for seriousness and caution in filing review petitions.

The practice of filing review applications in the guise of applications for 'clarification,' 'modification,' or 'recall' to obtain a hearing in open court and bypass the circulation procedure is not permissible.

If the Court allows a writ petition and provides reasons later, the first order allowing the writ petition and issuing the writ absolute is the operative order. The later order containing reasons cannot go beyond the scope of the rule absolute already issued.