Provident Fund – Exempted Establishments – Section 14B – Employees' Provident Funds and Miscellaneous Provisions Act, 1952 – The issue concerns whether an exempted establishment can be subjected to the provisions of Section 14B, which allows for recovery of damages for default in provident fund contributions – Supreme Court held that Section 14B applies to exempted establishments and damages can be recovered for defaults in contributions to the provident fund [Paras 2-14].

Statutory Interpretation – Remedial Legislation – The Court emphasized a purposive approach to interpretation, considering the Act's social welfare objectives – Cited the need for a liberal construction of remedial statutes to fulfill legislative intent and promote social justice [Paras 22-33].

Expression "So Far As May Be" – The phrase in Section 17(1A)(a) of the Act was interpreted to include provisions for recovery of damages under Section 14B for exempted establishments – The Court rejected a narrow interpretation that would limit the application of Section 14B, instead endorsing a broader understanding to ensure compliance and safeguard employees' benefits [Paras 49-57].

Decision:

Appeal Allowed – High Court’s judgment set aside – Section 14B applies to exempted establishments for default in provident fund contributions – Respondents directed to comply with the order for recovery of damages – No order as to costs [Paras 58-59].

Power to Direct Charge-Sheet – CrPC Sections 173, 190 – Magistrate's Role – Question arose whether a Magistrate can direct the police to file a charge-sheet after rejecting a closure report – Supreme Court held that a Magistrate/Special Judge can take cognizance under Section 190(1)(c) or direct further investigation under Section 156(3) but cannot direct the police to submit a charge-sheet if they submit a closure report – The functions of the police and the Magistrate are distinct and should not encroach on each other's domain [Paras 4-13, 16].

Re-investigation and Sanction – Prevention of Corruption Act – Special Judge’s refusal to accept the closure report and order for re-investigation without sanction for prosecution was found erroneous – Supreme Court emphasized the necessity of legal compliance, including obtaining necessary sanctions before proceeding under the Prevention of Corruption Act [Paras 11-16].

Procedural Fairness – Importance of Enquiry – CrPC Sections 200, 202 – When rejecting a closure report, a Magistrate should either take cognizance and examine the complainant or direct an enquiry under Section 202 – Mere direction to file a charge-sheet without these steps is not permissible [Paras 15-17].

Decision:

Appeal Allowed – High Court and Special Judge's orders quashed – Closure report dated 18.05.2004 accepted – Direction for further investigation without necessary sanction and the resultant harassment of the appellant were deemed a misuse of legal process – No costs [Paras 21-22].

Sales Tax Incentive Scheme – Extension of Time – Government Policy – The High Court granted Essar Oil Limited an extension of the benefit period under the Sales Tax Incentive Scheme due to delays in obtaining necessary environmental and legal clearances – Supreme Court reversed the decision, holding that the scheme’s conditions must be strictly adhered to, and extensions not specifically provided within the scheme cannot be granted [Paras 54-55].

Restitution and Equity – Acts of Court – The High Court applied the principles of restitution, suggesting that delays caused by court orders should not prejudice Essar – Supreme Court disagreed, stating that restitution principles do not apply as the State of Gujarat did not gain any unjust benefit from the delays, and Essar did not act with due diligence in obtaining the necessary clearances [Paras 59-60, 68-69].

Environmental Clearances – Compliance – The Supreme Court emphasized the need for compliance with statutory environmental clearances under the Forest (Conservation) Act, Wild Life (Protection) Act, and other relevant statutes before undertaking commercial operations – Essar’s failure to secure these clearances within the stipulated time led to its ineligibility for the extended incentive period [Paras 71-73, 85-87].

Decision:

Appeal Allowed – High Court’s judgment set aside – Essar Oil Limited not entitled to the extended benefit of the Sales Tax Incentive Scheme – No costs [Paras 89-91].

Jurisdiction Clause – Exclusive Jurisdiction – Civil Procedure Code, 1908 – The appeal involves a dispute over the jurisdiction clause in an agreement which specified that any dispute arising out of the agreement would be subject to Calcutta jurisdiction only – Supreme Court held that where two courts have jurisdiction, parties can agree to exclude one court’s jurisdiction in favor of the other – Such agreement does not violate Sections 23 or 28 of the Contract Act, 1872 [Paras 6-11].

Enforceability of Contractual Terms – Contract Act, 1872 – Section 28 – The Court reiterated that agreements restricting legal proceedings are void unless they pertain to arbitration – However, jurisdiction clauses that do not oust the jurisdiction of all competent courts but choose one among several competent courts are valid and enforceable [Paras 9-12].

Procedural Fairness – Return of Plaint – Given the exclusion clause, the Vijayawada court lacked jurisdiction to entertain the suit – Supreme Court directed the return of the plaint to be presented before the appropriate court in Calcutta, affirming the principle of procedural fairness [Paras 15-16].

Decision:

Special Leave Petition Allowed – Decree by Principal Senior Civil Judge, Vijayawada, and High Court judgment set aside – Trial court at Vijayawada directed to return the plaint to the plaintiff for presentation before the appropriate court in Calcutta – No order as to costs [Paras 16-17].

Protection of Monuments – Notification Validity – Ancient Monuments Act – The appeal concerns the validity of construction activities near Jantar Mantar, New Delhi – Supreme Court held that Jantar Mantar is a protected monument as per the notification dated 4.10.1956, which was saved under Section 39(2) of the 1958 Act – The subsequent notification dated 3.5.1957 was not published in the Official Gazette and did not affect the earlier notification [Paras 10-14].

Construction Prohibition – Notification Review – The Court emphasized that the prohibition on construction within 100 meters of the protected monument under the notification dated 16.6.1992 is valid – Directed the Central Government not to review this prohibition, reinforcing the need for strict adherence to the protection of national monuments [Paras 29-30].

Public Interest and Development – The Court acknowledged the conflict between development needs and monument protection – Emphasized the priority of preserving monuments of national importance over new constructions, especially when such constructions threaten the structural integrity or the historical significance of the monuments [Paras 30-32].

Decision:

Civil Appeal No. 2430 of 2006 Allowed – Direction for review of the notification dated 16.6.1992 set aside – Central Government instructed not to act contrary to the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, and the rules thereunder in future decisions regarding construction permissions.

Civil Appeal No. 2431 of 2006 Dismissed – Injunction against the construction on plot No. 14 Janpath Lane upheld – Parties to bear their own costs [Paras 33-34].

Contempt of Court – Abuse of Process – Civil Procedure Code, 1908 – Appellants challenged the dismissal of their contempt petition by the High Court of Karnataka, which related to non-compliance with an eviction order and subsequent obstructive actions by the respondents – Supreme Court found that the High Court's dismissal lacked adequate reasoning and failed to address prior findings that prima facie established a case for contempt [Paras 6-9].

Judicial Consistency – Coordinate Bench – Supreme Court emphasized the importance of judicial consistency, noting that the High Court’s subsequent coordinate bench should have considered the prima facie findings of contempt made by the earlier bench – Highlighted that dismissing the case without addressing the evidence and prior findings was inappropriate [Paras 8-9].

Procedural Fairness – Need for Speaking Order – The Court reiterated that judicial orders must contain adequate reasons, especially when reversing or dismissing cases with prior detailed findings – Directed the High Court to reassess the contempt petition with a detailed and reasoned order [Paras 8-9].

Decision:

Appeal Allowed – High Court's order dated 18.06.2008 set aside – Case remitted to High Court for fresh disposal on merits in accordance with law – High Court directed to restore Crl. CCC No. 32 of 2005 and pass a speaking order after affording opportunity to both parties – No costs [Paras 9].

Amendment of Pleadings – Post-trial Commencement – Civil Procedure Code, 1908 – The appeal concerns whether the High Court was correct in permitting an amendment to the plaint after the trial had commenced – Supreme Court held that amendments should not be allowed after trial commencement unless the court concludes that despite due diligence, the party could not have raised the matter before trial commenced – The request was made after the arguments were concluded and the case was reserved for judgment, citing a 'typographical error' [Paras 5-7, 10-12].

Due Diligence – Requirement for Amendment – Specific Relief Act, 1963 – The plaintiffs claimed the absence of mandatory averments under Section 16(c) of the Specific Relief Act was due to a typographical error – Supreme Court rejected this, stating the error could not be classified as typographical and demonstrated a lack of due diligence – Emphasized that due diligence is essential and amendments post-trial commencement must meet stringent criteria [Paras 8, 12-15].

Typographical Error – Definition and Application – The term typographical error includes minor slips during typing or printing and does not encompass substantive omissions such as mandatory averments – Supreme Court concluded that the plaintiffs' claim of typographical error was baseless and failed to meet the requirements for post-trial amendments [Paras 15-16].

Decision:

Appeal Allowed – High Court’s order dated 08.02.2011 set aside – Trial court's order dismissing the amendment application reinstated – No order as to costs [Paras 17-18].

Bail – Criminal Antecedents – Section 302, 307 IPC – The appellant contested the High Court’s decision to grant bail to the second respondent, who faced multiple criminal charges, including murder and attempt to murder – Supreme Court held that criminal antecedents alone do not justify denial of bail if the role in the present case and possibility of fleeing are properly assessed – Emphasized the duty of the court to balance these factors while granting bail [Paras 5-6].

Threat to Witnesses – Procedural Safeguards – Appellant reported receiving threats from the second respondent – Supreme Court acknowledged the provision of adequate protection to the appellant by the State – Directed the trial court to take immediate action if further threats were reported during the trial, ensuring the appellant’s safety and proper conduct of proceedings [Paras 8-9].

Decision:

Appeal Dismissed – High Court’s order granting bail upheld with additional instructions to the trial court to complete the trial within four months and ensure strict adherence to bail conditions – Directed immediate action by the trial court upon any report of fresh threats to the appellant [Paras 9].

Representing Advocates:

for appellant: Jaspal Singh, Imtiaz Ahmed, Naghma Imtiaz, Mohd. Asad K., and Equity Lex Associates

for respondent: Basava Prabhu S. Patil, J.P. Tripathi, Asha Upadhyay, R.D. Upadhyay, Manoj K. Mishra, Alka Sinha, and Anuvrat Sharma

Jurisdiction – Consumer Forums – Seeds Act, 1966 – Consumer Protection Act, 1986 – The appeals question whether Consumer Forums have the jurisdiction to entertain complaints regarding defective seeds under the Consumer Protection Act, despite the special provisions under the Seeds Act – Supreme Court held that the Consumer Forums do have jurisdiction as the Seeds Act does not provide an adequate mechanism for compensating farmers for loss or inadequate yield due to defective seeds [Paras 12-17, 23-27].

Consumer Definition – Section 2(d) Consumer Protection Act – Farmers/Growers – The Court addressed whether farmers/growers who purchase seeds for cultivation fall within the definition of 'consumer' under the Consumer Protection Act – Supreme Court affirmed that farmers/growers are consumers as defined under Section 2(d) because they purchase seeds for earning their livelihood and not for commercial purposes [Paras 18-22, 25-26].

Arbitration Clause – Section 8 Arbitration and Conciliation Act, 1996 – The Court considered the applicability of arbitration clauses in agreements between seed suppliers and growers, and whether such clauses bar jurisdiction of Consumer Forums – Supreme Court held that the presence of an arbitration clause does not oust the jurisdiction of Consumer Forums under the Consumer Protection Act, given that the remedies under the Consumer Act are in addition to other remedies [Paras 27-31].

Decision:

Appeals Dismissed – Consumer Forums have jurisdiction to entertain complaints under the Consumer Protection Act regarding defective seeds – Farmers/growers are covered under the definition of 'consumer' – Arbitration clauses do not bar Consumer Forums from entertaining such complaints – No order as to costs [Paras 31-32].