Facts:

Appellant owned two trucks covered by insurance policies.

Trucks were attacked by Bodo terrorists in Assam, resulting in their destruction and the death of a driver.

The area was declared a "disturbed area" under the Armed Forces (Special Powers) Act, 1958, and the TADA Act was enforced.

Issues:

Whether the destruction of trucks by Bodo terrorists qualifies as a "malicious act" under the insurance policy.

Interpretation of Endorsement No. IMT 21, excluding coverage for acts of terrorism.

Held:

The insurance policy covered loss or damage caused by a "malicious act." However, considering the circumstances, especially the area being a "disturbed area," the activity cannot be isolated. The risk arising from terrorist activities, as per TADA and Armed Forces (Special Powers) Act, is not covered.

Endorsement IMT 21 excludes coverage for mutiny, terrorism, and acts intending to overthrow the government. The destruction by Bodo terrorists falls within this exclusion.

The second part of Endorsement IMT 21 contemplates individual acts of terrorism or violence. Acts of Bodo activists aimed at overawing the government and causing terror fall under this provision.

Citing TADA Act definitions, terrorism involves acts intending to strike terror, and disruption includes various activities detrimental to the community.

Considering statutory provisions and circumstances, provision (b) of Endorsement IMT 21 did not cover the risk. The respondent is not liable for the loss caused by acts of terrorism.

Conclusion: The appeal is dismissed without costs.

Facts:

The respondent filed a complaint against the appellant regarding damage to his insured vehicle.

The initial complaint was dismissed in default on February 8, 1993.

The respondent's application for restoration was rejected, and the complaint was not restored.

A fresh complaint on the same matter was filed in April 1993 with the District Consumer Disputes Redressal Forum.

Issues:

Whether the dismissal of the first complaint barred the filing of a second complaint on the same facts and cause of action.

Held:

The court clarified that the provisions of Order 9 of the CPC, which deal with the appearance of parties and consequences of non-appearance, are not applicable to proceedings under the Consumer Protection Act.

The powers available to a civil court under the CPC have been extended to the Consumer Forum only in limited respects.

The court emphasized that the dismissal of the first complaint for non-appearance does not prohibit the filing of a second complaint.

While the court acknowledged the discretion of the Forum to dismiss a complaint for non-prosecution, it also noted that a complaint could be restored on a showing of good cause for non-appearance.

The court cautioned against potential abuse of the legal process and indicated that the Forum could dismiss a fresh complaint on grounds of abuse.

Despite technicalities, the court held that the interest of justice cannot be defeated, especially when the respondent's claim was not contested on its merits.

The appeal was dismissed without any order as to costs.

Facts:

Criminal prosecution under various sections of IPC, Essential Commodities Act, and Prevention of Corruption Act.

Accused persons are members of the Managing Committee of cooperative societies and the Chairman of such societies.

Dispute centers around whether they can be considered 'public servants' for the offenses mentioned.

Issues:

Whether a person defined as an "officer" under Clause (20) of Section 2 of the Maharashtra Co-operative Societies Act, 1960, is a "public servant" within the meaning of Section 2 of the Prevention of Corruption Act, 1947, by virtue of the provisions of Section 161 of the Maharashtra Co-operative Societies Act, 1960, read with Section 21 of the Indian Penal Code?

Assuming provisions of Section 2 of the Prevention of Corruption Act, 1947, are applicable, is the sanction to prosecute such a person required under any of the Clauses of Sub-section (1) of Section 6 of the Prevention of Corruption Act, 1947, capable of being given under the Maharashtra Co-operative Societies Act, 1960?

Held:

The legislative intent is clear that officers deemed 'public servants' under Section 161 of the Co-operative Societies Act are so only for the purposes of that Act, not under Section 21 of the Indian Penal Code.

The Co-operative Societies Act and the Indian Penal Code are not statutes in pari materia, operating in different fields with distinct objects.

Legal fiction in Section 161 of the Co-operative Societies Act does not extend to cover offenses under the Indian Penal Code.

Elected office bearers of the Co-operative Society, as per the definition in R.S. Nayak Vs. A.R. Antulay, do not come within the purview of 'public servants' under Section 21 of the Indian Penal Code.

Referring to Ramesh Balkrishna Kulkarni Vs. State of Maharashtra, the Court reaffirms that a similar provision in the Maharashtra Municipalities Act does not make officers 'public servants' for offenses under the Indian Penal Code.

FACTS:

The complainant, M/S. MEDCHL CHEMICALS AND PHARMA P. LTD., entered into an agreement with M/S. BIOLOGICAL E. LTD. for the supply of raw materials. The complainant alleges substantial financial losses due to the accused's failure to fulfill the agreement's terms, coupled with intentional misrepresentations.

ISSUES:

Whether the allegations in the complaint disclose criminal offenses under Sections 415, 418, and 420 of the IPC. Additionally, the court must determine if the exercise of inherent power under Section 482 to quash the complaint is justified.

HELD:

The court highlights the exceptional nature of quashing and the limited jurisdiction under Section 482 of the Cr.P.C. It emphasizes that this power should be sparingly used and only in rare cases.

The court outlines the criteria for quashing, stating that if the complaint on its face does not disclose any offense, the court may consider quashing. However, mere breach of a contract does not automatically constitute cheating, and civil and criminal remedies can coexist.

The court discusses the ingredients required to constitute the offense of cheating under Section 415 IPC. It states that fraudulent or dishonest inducement, leading to delivery of property or causing harm, is necessary.

Sections 418 and 420 IPC are also discussed, highlighting that mens rea is an essential ingredient of the offense of cheating under Section 420.

The court cites previous decisions emphasizing the need for careful consideration before quashing proceedings, and the importance of letting the investigative process unfold.

The court rejects the argument that the existence of a civil remedy negates the possibility of criminal prosecution, reiterating that both civil and criminal actions can be pursued in different situations.

REFERRED CASES:

State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604 : (1992) CriLJ 527 : (1990) 4 JT 650 : (1990) 2 SCALE 1066 : (1992) 1 SCC 335 Supp : (1990) 3 SCR 259 Supp

L.V. Jadhav Vs. Shankarrao Abasaheb Pawar and Others, AIR 1983 SC 1219 : (1983) 2 Crimes 470 : (1983) 2 SCALE 175 : (1983) 4 SCC 231 : (1983) 3 SCR 762

Trisuns Chemical Industry Vs. Rajesh Agarwal and others, AIR 1999 SC 3499 : (1999) CriLJ 4325 : (1999) 6 JT 618 : (1999) 5 SCALE 609 : (1999) 8 SCC 686 : (1999) 2 SCR 686 Supp : (2000) 1 UJ 392 : (1999) AIRSCW 3492 : (1999) 8 Supreme 53

Pratibha Rani Vs. Suraj Kumar and Another, AIR 1985 SC 628 : (1985) CriLJ 817 : (1985) 1 Crimes 614 : (1985) 155 ITR 190 : (1985) 1 SCALE 458 : (1985) 2 SCC 370 : (1985) 3 SCR 191

Rajesh Bajaj Vs. State NCT of Delhi and Others, AIR 1999 SC 1216 : (1999) CriLJ 1833 : (1999) 1 Crimes 136 : (1999) 2 CTC 243 : (1999) 2 JT 112 : (1999) 1 SCALE 697 : (1999) 3 SCC 259 : (1999) 1 SCR 1012 : (1999) 1 UJ 685 : (1999) AIRSCW 881 : (1999) 2 Supreme 442

Ram Jas Vs. State of U.P., AIR 1974 SC 1811 : (1974) CriLJ 1261 : (1970) 2 SCC 740 : (1970) 1 SCC(Cri) 516 : (1971) 2 SCR 178

Smt. Nagawwa Vs. Veeranna Shivalingappa Konjalgi and Others, AIR 1976 SC 1947 : (1976) CriLJ 1533 : (1976) 3 SCC 736 : (1976) SCC(Cri) 507 : (1976) SCR 123 Supp

Facts:

The Gai Ghat bridge was constructed by the State Government in 1968-69.

In 1985, the right to collect toll tax for the bridge was leased to Chhotai Yadav.

In 1988, a writ application challenged the State Government's right to recover toll beyond the actual construction cost.

In 1990, the Allahabad High Court held that interest on construction cost and maintenance charges could not be recovered under Section 2 of the Toll Act.

Issues:

Whether the State Government is entitled to recover interest on the construction cost of the Gai Ghat bridge through toll.

Whether maintenance charges can be included in toll recovery under Section 2 of the Toll Act.

Held:

The High Court's decision was based on earlier decisions (Jiya Lal and Lal Bahadur Ram) with principles not fully accepted.

The notification of June 2, 1976, allowed toll collection for 50 years or until the total construction cost is realized, including interest.

Toll can be levied to recover actual construction cost, interest on the expenditure, and maintenance cost, as per the notification.

The State Government, however, erroneously included stationery cost and interest on interest in toll recovery.

The High Court's denial of toll recovery for interest and maintenance charges was not in line with the notification's provisions.

Decision: The appeals were disposed of by setting aside the High Court's orders. It was declared that toll should not include stationery cost (unless incurred in toll realization), interest on stationery cost, maintenance, and interest on the interest on actual expenditure.

Facts:

The appellant, Steel Authority of India Ltd., challenged the constitutional validity of Section 13-AA of the Orissa Sales Tax Act, 1947, and its subsequent amendment. The original Section 13-AA was struck down by the High Court, leading to its amendment. The appellant, involved in works contracts, faced penalties for not deducting sales tax at source as per the amended section.

Issues:

Constitutional validity of Section 13-AA.

Applicability of the amended Section 13-AA to works contracts involving inter-State sales, outside sales, or sales in the course of import.

Standing of the appellant to challenge the validity.

Held:

The court held that the amended Section 13-AA, requiring a four percent deduction towards sales tax, was beyond the powers of the State legislature as it failed to exclude the value of inter-State sales, outside sales, or sales in the course of import. The provisions were deemed unconstitutional. The court acknowledged the appellant's standing to challenge the validity and ordered the refund of the collected amount.

Decision: The appeal was allowed, and the judgment and order under appeal were set aside. Section 13-AA of the Orissa Sales Tax Act, as amended with effect from 4th October 1993, was struck down as being beyond the purview of the Orissa State Legislature. The State was directed to refund the collected amount to the appellant.

Facts:

The appellant is a company registered under the Indian Companies Act, incorporated in 1965.

Eimco Corporation Inc. (an American company) and K.C.P. Ltd. (an Indian company) promoted the appellant.

Appellant claimed a deduction of Rs. 2,35,000 as revenue expenditure paid to Eimco for technical know-how.

Income Tax Officer treated it as capital expenditure, allowing only 1/14th of the amount as allowable expenditure under Section 35A.

Commissioner of Income Tax, exercising powers under Section 263, revised the order, deeming the amount as not expendable and set aside the earlier decision.

Appellate Assistant Commissioner upheld the revision, directing the addition of 1/14th amount back to the assessee's income.

Income Tax Appellate Tribunal, in 1975, allowed the appeals of the appellant, considering the amount as revenue expenditure.

Issues:

Whether the Commissioner could interfere under Section 263 while the matter was directly in appeal before the Appellate Assistant Commissioner.

Whether the sum of Rs. 2,35,000 paid by the assessee to the foreign collaborator constitutes revenue expenditure.

Held:

The High Court, answering the referred questions, favored the Revenue and held that the Commissioner could indeed interfere under Section 263. It also concluded that the amount paid did not qualify as revenue expenditure.

The Supreme Court, affirming the decision, stated that the allotment of equity shares by the appellant to Eimco was not an expenditure, especially one laid out wholly and exclusively for the purpose of the business. It was a reimbursement for the contribution of know-how by Eimco. The Court dismissed the appeals.

Facts:

The film "Fire," produced by Ms. Deepa Mehta, received certification under the Cinematograph Act, 1952.

Released in November 1998, protests emerged against the film's content within two weeks.

Protests escalated to violence and vandalism in cinemas, particularly in Maharashtra, mainly Mumbai.

Issues:

The petitioners sought security for the film's exhibition and an investigation into violent acts.

Allegations against the Chief Minister of Maharashtra (first respondent) and Shiv Sena for instigating protests and violence.

Held:

The petition is considered in the context of changed political circumstances in Maharashtra post the last Assembly election.

With Shiv Sena no longer in power, and the new government not being lethargic in addressing the issues, the court deems it unnecessary to continue the petition.

The petition is closed without prejudice to any future motion related to the shown cause of action.

Facts:

The respondent No. 1 imported Tape Deck Mechanisms (TDMs) at a declared value of S $ 250.00 per set. The appellant alleged under-valuation and violations of Import and Export regulations, leading to interception and investigation by the Directorate of Revenue Intelligence (DRI). Legal proceedings ensued, including a writ petition before the High Court.

Issues:

Alleged under-valuation of imported TDMs.

Violation of Import Control Order and Import and Export Act.

Legality of investigation and issuance of show cause notice.

Held:

The Collector found deliberate mis-declaration of value, manipulation of documents, and an attempt to evade customs duty by the respondent. The TDMs were valued at S $ 343.45 per set, and the respondent was held liable for duty evasion.

The Collector also held that the TDMs required an import license, and since none was produced, the goods were liable for confiscation.

The Tribunal, on appeal, set aside the order of the Collector on the valuation issue but remanded the matter regarding the violation of Import Control Order to the Collector.

Decision: The decision of the Tribunal on the valuation issue is set aside.

The order of the Collector directing payment of differential duty is affirmed.

The adjudicating authority will decide the violation of the Import Control Order, and depending on the decision, the quantum of penalty will be redetermined.