Contempt of court - Guilt of contemnor - Lack of remorse and disrespect for court's orders - Contemnor found guilty of contempt - Detailed findings recorded in judgment and order - Last opportunity given to contemnor to make amends - Contemnor failed to show signs of remorse - Scant respect for court's orders - Contempt Petition (C) Nos. 340­342 of 2022. [Para 1]

Failure to comply with court orders - Contemnor's obligations - Undertaking given by contemnor to bring back child to India - Failure to bring back child as directed by court - Non-renewal of child's passport - Failure to seek extension of time - Opposing mirroring of court's order - Interference with administration of justice and obstruction of justice. [Para 5]

Claim of acting in best interests of minor - Inappropriate discussion of pending litigations with child - Attempt to prejudice child's mind against petitioner - Violation of court's directions - Gross error on part of contemnor - Consideration of child's welfare. [Para 6]

Civil and criminal contempt - Contemnor's acts and omissions - Finding of never intending to bring back child - Failure to apply for passport renewal - Non-submission to court's jurisdiction - Defiance of court's orders - Contumacious conduct established - Need for strict action. [Para 10]

Sentencing - Imposition of fine and imprisonment - Fine of Rs. 25 lakhs - Simple imprisonment for six months - Further imprisonment for two months in case of non-payment of fine - Fine amount to be deposited with court registry - Use of fine amount for welfare and benefit of minor child - Government and CBI directed to secure contemnor's presence for serving sentence and paying fine. [Para 12, 13]

Compliance reporting - Listing of case in first week of August 2023. [Para 14]

Government Order - Modification - Clarificatory or substantive amendment - Retrospective application - Whether subsequent Government Order dated 29th March, 2001, which modified the Government Order dated 21st December, 1999, can be considered a clarification and applied retrospectively - Held, the subsequent Government Order is a substantial amendment that withdraws the benefit of two advance increments for a specific category of lecturers - It cannot be considered clarificatory in nature - Retrospective application would result in withdrawing vested rights of lecturers - The subsequent Government Order cannot be given retrospective effect. [Para 10, 10.3]

Incentives for lecturers - Purpose - The purpose of incentives provided in the Government Order dated 21st December, 1999, is to incentivize individuals with advanced qualifications to apply for lecturer positions and to retain qualified individuals in the teaching profession. [Para 10.1]

Eligibility for advance increments - Lecturers placed in selection grade - Lecturers who were placed in the selection grade before 29th March, 2001, are entitled to all the incentives stipulated in the Government Order dated 21st December, 1999. [Para 11]

Interpretation of statutes - Clarificatory provision - Expansion or alteration of original provision - An explanation/clarification may not expand or alter the scope of the original provision - Merely describing a provision as an "Explanation" or "clarification" is not decisive of its true meaning and import - The nature and purport of the amendment must be analyzed to determine whether it is clarificatory or substantive in nature. [Para 9.1, 9.2]

Presumption against retrospective operation - Declaratory statutes - Retrospective operation is generally intended for declaratory statutes - A declaratory act is an act to remove doubts existing as to the common law or the meaning or effect of any statute - An amendment may be considered declaratory if it removes doubt or corrects an obvious omission in a statute. [Para 8.2]

Vested rights - Withdrawal by subsequent amendment - A subsequent amendment that withdraws vested rights cannot be given retrospective effect - The withdrawal of anticipated benefits under the previously existing scheme is impermissible. [Para 10.2]

Decision: The present appeal is dismissed, affirming the judgments of the learned Single Judge and Division Bench of the High Court of Kerala dated 13th October, 2015, and 10th August, 2016, respectively. Each party will bear their respective costs. [Para 12]

Insurance - Fire insurance claim - Assessment of loss by surveyor - Scope and relevance of surveyor's report - Surveyor's report not binding or conclusive - Other evidence and reports can be considered - Proximate cause of damage to be determined based on chain of events. (para 14)

Coverage under insurance policy - Standard Fire and Special Perils Policy - Fire accident during policy validity - Damage to insured property including machinery - Fire as proximate cause of damage - Policy coverage not in dispute.(para 17)

Importance of chain of events - Connection between fire and damage - Corrosion of machinery - Consideration of reports and evidence - Narrow construction based on duration of corrosion within 4 to 5 hours unjustified. (para 19)

Compensation and reimbursement - Actual loss suffered by insured - Assessment by surveyor - Revised assessment based on additional material - Claim limited to actual loss amount. (para 20)

Payment of compensation - Balance amount payable by insurer - Interest on balance amount - Timeframe for payment. (para 21)

Appeal allowed in part - Judgment of National Consumer Disputes Redressal Commission set aside - Insurer directed to pay balance amount with interest. (para 22)

Investigation of Scheduled Offences - De Novo Investigation - Discretion of Court - Whether the High Court has the power to order de novo investigation in a case involving scheduled offences - Held, the High Court has the power to order de novo investigation in appropriate cases, considering the circumstances and facts of the case. [Para 12]

Money Laundering - Jurisdictional Facts - Initiation of Investigation and Summons - Whether the Enforcement Directorate (ED) can initiate an investigation and issue summons without identifying the proceeds of crime or property representing the proceeds of crime - Held, the ED can initiate an investigation and issue summons based on allegations of corruption and illegal gratification, which constitute the proceeds of crime. [Para 99-105]

Inspection of Records by ED - Certified Copies of Unmarked Documents - Whether the ED is entitled to inspect the records of the Special Court trying the predicate offences and obtain certified copies of unmarked documents - Held, the ED can have inspection of documents under Rule 237 of the Rules, 2019 and file a proper copy application, but certified copies of unmarked documents shall not be given. Indian Evidence Act, 1872 - Section 65B - Section 65B concerns the admissibility of electronic records. The absence of certification does not prevent the investigating agency from having access to electronic records, but certification is required for their admissibility as evidence in court proceedings. [Para 120-123]

Extension of Time for Further Investigation - Whether the High Court's refusal to grant an extension of time for further investigation renders the direction to conduct further investigation infructuous - Held, the direction to conduct further investigation remains valid even if the High Court refuses to grant an extension of time, and the Final Report filed under Section 173(8) of the Code of Criminal Procedure is deemed as the continuation of further investigation. [Para 125-126]

Contempt Proceedings - Alleged Disobedience of Court Orders - Whether contempt proceedings can be initiated against police officials for alleged disobedience of court orders - Held, for the present, the alleged contemnors are not held guilty of willful disobedience as the blame cannot solely be laid at their doorstep, and the entire case was characterized by confusion. However, the petitioner is given the liberty to approach the court if future disobedience is observed. [Para 127-128]

Special Investigation Team and Special Public Prosecutor - Whether a Special Investigation Team should be constituted and a Special Public Prosecutor appointed in the case - Held, the application for the constitution of a Special Investigation Team is rejected at this stage, but the applicant is granted liberty to file a substantial petition seeking such a prayer if foul play is suspected in the future. [Para 130-132]

Decision - Appeals allowed, orders set aside, writ petitions dismissed, extension of time for further investigation granted, contempt petitions dismissed, application for impleadment dismissed - Pending applications disposed of. [Para 133]

Right to privacy of accused - Collection of voice sample - Grievance raised by petitioner that collection of voice sample without appropriate rules and standard operating system violates accused's right to privacy - Reference made to case of Ritesh Sinha vs. State of Uttar Pradesh, (2019) 8 SCC 1 - Court held that until explicit provisions are enacted in CrPC by Parliament, Judicial Magistrate has power to order collection of voice sample for investigation of crime - Power conferred on Magistrate through judicial interpretation and Article 142 of Constitution - No infirmity found with impugned judgments ordering collection of voice sample - Petition dismissed. [Para 1-5]

Judicial interpretation - Power of Judicial Magistrate - Collection of voice sample - Until explicit provisions enacted in CrPC by Parliament, Judicial Magistrate has power to order collection of voice sample for investigation of crime - Power conferred through judicial interpretation and Article 142 of Constitution - Magistrate empowered to order collection of voice sample until explicit provisions are enacted. [Para 3]

Fundamental right to privacy - Not absolute - Must yield to compelling public interest - Right to privacy of accused not violated by judicial order compelling voice sample - Right to privacy subject to compelling public interest - No violation of fundamental right to privacy under Article 20(3) of Constitution in collection of voice sample for investigation of crime. [Para 2]

Testamentary matter - Original Will not traceable - Request for copy of Will and probate - Destruction of Records Act, 1917 - Court cannot order investigation into the fate of the Will based on mere guesswork - Relief cannot be granted when the petitioner has not seen the copy of the Will and is unaware of its contents. [Para 23]

 Preservation of Will - Obligation of respondents to furnish details and records - Original Will should be kept in safe custody or returned to the executor after probate - However, if the original Will is not traceable after a long period of time, relief cannot be granted without proper evidence. [Para 16, 22]

Probate proceedings - Executor's fulfillment of responsibilities - Executor obtained probate, filed inventory, and submitted final accounts as required by law - No complaints regarding improper distribution of assets - Dismissal of the Writ Petition upheld. [Para 18]

Lack of evidence - Petitioner's limited knowledge of the Will's contents - Court unable to order investigation or provide relief - High Court's decision not to grant relief affirmed. [Para 23]

Special Leave Petition dismissed - No costs. [Para 23]

Consumer Protection Act, 1986 - Interpretation of 'complainant' - Multiple consumers filing joint complaint - Whether falls under Section 12(1)(a) or Section 12(1)(b) - Held, the definition of 'complainant' under Section 2(b)(i) of the 1986 Act includes multiple consumers - Joint complaint falls under Section 12(1)(a) - Broad and inclusive interpretation to be given - Plural interpretation of 'complaint' is maintainable. (Para 19)

 Pecuniary jurisdiction - Determination - Aggregate value of goods or services and compensation claimed - Determinative factors - Held, for determining pecuniary jurisdiction, the aggregate value of goods or services and compensation claimed in the complaint is relevant - Total value in case of joint complaints to be considered. (Para 21, 22)

Representative capacity - Joint complaint by multiple consumers - Maintainability - Held, a joint complaint by multiple consumers seeking redressal for their own grievances without representing other consumers having the same interest is maintainable under Section 35(1)(c). (Para 35)

Technical approach - Detrimental to consumerism - Held, a pedantic and hyper-technical approach should be avoided as it would cause damage to the very concept of consumerism. (Para 23)

Consumer Protection Act, 1986 - Compliance with directions of State Registrar - Effect on proceedings - Held, compliance with the directions of the State Registrar and amendment to bylaws, without prejudice to contentions, should lead to the revival of proceedings. (Para 14)

Consumer Protection Act, 1986 - Procedural issues and legal disputes - Adjournment of proceedings - Effect - Held, procedural issues and legal disputes should not unduly delay the proceedings - National Commission directed to proceed expeditiously. (Para 23)

Section 302 of the IPC - Property dispute - Conviction for murder - Eyewitness testimony - Credibility of witnesses - appellant challenged his conviction for murder along with two co-accused - the murder of a person named Durga in the context of a property dispute - trial court convicted the accused under Section 302 of the Indian Penal Code (IPC), and the conviction was upheld by the High Court - appellant argued - falsely implicated due to the property dispute and questioned the credibility of the witnesses, specifically one witness who had a personal interest in the case – Court examined the evidence and found the eyewitness testimony to be reliable and consistent - motive behind the crime and dismissed the appeal, upholding the conviction -appellant directed to surrender and serve the remaining sentence. (Para Numbers: 1, 2, 8, 10, 11)

Probation - Criminal Appeal - Conviction under Section 80 of the Karnataka Police Act, 1963 - Benefit of probation - Appellant convicted for gambling - Appeal filed seeking probation - Appellant not a habitual offender - No subsequent offenses committed - Appellant's age at the time of the incident considered - Granting of probation warranted - Appeal allowed - Appellant directed to be released on probation under Section 360 of the Criminal Procedure Code (CrPC) upon entering into a bond with two sureties ensuring good behavior and maintenance of peace during the sentence's duration - Failure to comply with conditions would result in serving the sentence.(Para No. 1-8)