Consumer Law – Obligations of Companies – Role in Recovering Lost Products – The Supreme Court considered whether a company is obligated under the Consumer Protection Act to act as a law enforcement agency in recovering lost products. The case involved Apple India Private Ltd., challenging a State Commission's order that required the company to trace a stolen mobile phone.

State Commission's Order – Paragraph 14 – The court examined Paragraph 14 of the State Commission's order, which imposed an obligation on the company to trace the stolen mobile phone using its unique identity number. This was considered a deficiency of service on the company's part.

Supreme Court’s Decision – Obliteration of Paragraph 14 – The Supreme Court held that the obligations imposed by Paragraph 14 of the State Commission’s order were unwarranted. Consequently, the court directed the removal of Paragraph 14 from the order, thereby relieving the company of the responsibility to act as a law enforcement agency in recovering lost products.             

Misconduct and Insubordination Allegations – Assessment of appellant's dismissal from service on charges of derogatory language use and bypassing official communication channels – Appeal against Allahabad High Court's dismissal of writ petition challenging service termination. [Paras 2-4]

Evaluation of First Misconduct Charge – Inquiry Officer's findings on appellant's use of inappropriate language and false allegations against officials deemed perverse by Supreme Court – Misinterpretation of appellant's statement in the letter dated 05.06.2003 led to erroneous conclusion. [Paras 7-10]

Analysis of Second Misconduct Charge – Appellant's direct communication with higher authorities without following official protocol – Supreme Court views the action as not amounting to major misconduct for a Class-IV employee under financial hardship. [Para 11]

Scope of Judicial Review in Disciplinary Proceedings – Supreme Court's approach to review findings of Inquiry Officer – Interference justified in cases of perverse findings or erroneous interpretation of evidence, citing relevant precedents. [Para 12]

Judgment and Order – Supreme Court sets aside High Court judgment and order of appellant's dismissal – Orders reinstatement in service with all benefits, acknowledging the disproportionate nature of the original punishment and flawed inquiry process. [Para 13]

Criminal Appeal – Director's Liability in Negotiable Instruments Act Case – Appeals against High Court’s order regarding liability of resigned directors for cheque dishonour under Section 138 of the Negotiable Instruments Act. Issues concerning the applicability of Section 141 of the N.I. Act to directors who have resigned at the time of the offence. Appeals allowed, and criminal proceedings quashed. [Para 2, 4, 11]

Resignation of Directors – Impact on Liability – Examination of the impact of directors' resignation, as recorded in Form 32 as per the Companies Act, on their liability for cheques issued after their resignation. Determination of no liability for appellants due to resignation prior to the date of cheque issuance. [Para 3(b), 3(c), 10]

Judicial Precedents – Requirement of Necessary Averments in Complaint – Reference to judgments in Monaben Ketanbhai Shah v. State of Gujarat and S.M.S. Pharmaceuticals Ltd. v. Neeta Bhalla, emphasizing the need for specific averments in a complaint to establish vicarious liability of directors. [Para 5, 6]

Inherent Powers Under Section 482 CrPC – Non-interference in Negotiable Instrument Cases – Guidelines for exercising inherent powers under Section 482 of CrPC in cases involving negotiable instruments, emphasizing the need for unimpeachable evidence or circumstances to quash proceedings at the initial stage. [Para 7]

High Court's Analysis – Lack of Discussion on Factual Matrix – Critique of High Court’s approach in not addressing the specific factual circumstances of the appellants' case, leading to the setting aside of the High Court's judgments. [Para 8]

Dismissal of Criminal Proceedings – Resigned Directors Not Liable – Concluding that the appellants, having resigned before the issuance of the cheques, are not liable and thereby quashing all criminal proceedings against them related to the said cheques. [Para 10, 11]

Appeal Outcome – Appeals Allowed – Conclusion with the allowance of the appeals and the disposal of any pending applications. [Para 12]

Criminal Appeal – Conviction and Sentence Modification – Appeal against the High Court order affirming the conviction under the Drugs and Cosmetics Act, 1940 – Appellant, a doctor, found in possession of allopathic medicines without proper paperwork – Conviction under Section 18(A) read with Section 28 of the Act upheld, but sentence modified to fine only. [Para 2, 7-13]

Possession of Drugs – Unauthorized Possession and Disclosure Requirement – Appellant found possessing allopathic drugs without a license – Conviction for non-disclosure of the manufacturer's name under Section 18(A) of the Drugs and Cosmetics Act upheld – Lower appellate court set aside conviction under Section 18(c) for lack of proof of intention to sell/distribute. [Para 3.1-3.7, 11-12]

Sentencing – Consideration of Appellant's Profession and Intent – Appellant, a doctor, without proven intent to sell/distribute – Supreme Court modifies sentence to a fine, considering the appellant's professional background and the small quantity of drugs involved. [Para 7, 11, 13]

Judgment – Modification of Sentence – Supreme Court sets aside the sentence of imprisonment, imposing a fine of Rs. 1,00,000/- instead – Appeal allowed in part with exemption from surrendering made absolute. [Para 13-14]

Service Law - Military Law and Gender Discrimination – Invalidity of Termination on Grounds of Marriage – The Supreme Court, in addressing the issue of Ex. Lt. Selina John's termination from the Military Nursing Service post-marriage, held that such termination was wrongful and illegal. The rule mandating release on grounds of marriage, applicable solely to women, was deemed manifestly arbitrary and constituting gender discrimination. [Para 1-2]

Constitutional Law – Right to Non-Discrimination and Fair Treatment – The Court emphasized that laws or regulations perpetuating gender-based bias violate constitutional mandates. Specifically, it was held that rules which treat marriage and domestic responsibilities of women as a basis for employment termination are unconstitutional. [Para 3]

Modification of Army Instruction – The Court noted the withdrawal of Army Instruction No. 61 of 1977, which governed the terms of service for permanent commissions in the Military Nursing Service, further reinforcing the stance against gender-based employment policies. [Para 4]

Award of Compensation – In light of the unjust termination, the Supreme Court directed the appellants to pay Ex. Lt. Selina John compensation of Rs. 60,00,000. The compensation was declared as a full and final settlement of all claims. The Court also stipulated an interest penalty for delayed payment. [Para 5-6]

Criminal Procedure – Bail Reform – Monitoring Compliance with Satender Kumar Antil Guidelines – Comprehensive Review and Fresh Directions Issued – Supreme Court examines detailed compliance affidavits submitted by States, UTs, High Courts, CBI, and NALSA – Accepts Amicus Curiae’s report dated 10.02.2024 highlighting inconsistencies and lapses – Issues fresh directions for each jurisdiction to furnish detailed updates within 8 weeks – Non-compliance or contradiction flagged for explanation – Phase-wise monitoring initiated starting 07.05.2024 for first 10 entities [Paras A–H]

Training and Legal Curriculum – Awareness of Judicial and Prosecutorial Stakeholders – Court reiterates the importance of periodic training and legal orientation of prosecutors and inclusion of judgments in judicial curricula – Directions issued for compliance with previous orders dated 03.02.2023 and 21.03.2023 – High Courts directed to ensure that Siddharth v. State of UP and Satender Kumar Antil are included in training programmes – Prosecutors to be instructed to follow accurate legal positions in line with the Supreme Court rulings [Paras D, E, F, G]

Undertrial Prisoners – Standard Operating Procedure for Support to Indigent Accused – SOP submitted by Union Government formally adopted – Scheme establishes financial aid via District and State Empowered Committees – Jail authorities, DLSAs, and other stakeholders given strict timelines for identifying eligible prisoners and disbursing funds – Support capped at ₹40,000 for bail and ₹25,000 for fine, with provision for approval of higher amounts by Oversight Committees – Excludes cases under PC Act, PMLA, NDPS, UAPA [Para I]

Coordination Mechanism – Email ID Authorized for Monitoring and Reporting – Court authorizes Amicus Curiae to create and circulate a dedicated email ID for centralized submission of compliance affidavits and inter-party communications – Ensures transparency and procedural efficiency [Para J]

CBI and Union of India – Directed to Report on Arrest Procedures and Bail Law Initiative – CBI required to disclose compliance with investigative and prosecutorial training requirements – Union Government to clarify whether a comprehensive Bail Law is under consideration and provide data on Special CBI Courts in high-pendency districts [Para G, Para 37–38]

Decision: Directions Issued – Compliance Reports to be Filed by All Stakeholders within 8 Weeks – Amicus to Review and Submit Summary – Matter to be Taken Up in Phases Beginning 07.05.2024 with First 10 Entities

Criminal Appeals – Interim Orders by High Court – Appeals against High Court's interim orders staying FIRs and ECIR proceedings against respondents in cases involving IHFL, M3M India Pvt. Ltd., and others – High Court orders based on Supreme Court's earlier order – Appeals heard together due to interconnected nature. [Para 2, 16]

Financial Transactions and FIRs – IHFL Loans to Shipra Group – Allegations of illegal actions by IHFL in recovering dues from Shipra Group, leading to multiple FIRs and an ECIR against IHFL and its officers – FIRs alleging misappropriation and undervaluation in recovery process. [Para 5-10, 12]

Judicial Approach to Staying Investigations – High Court's power to stay investigations under Section 482 of CrPC – Criticism of routine stays on investigations or coercive actions against accused – Importance of allowing police investigations in cognizable offenses – Supreme Court guidelines for High Courts in granting interim stays. [Para 17, 20-22]

Guidelines for High Courts – High Courts must exercise caution in granting interim stays on investigations – Interim orders not to be passed routinely, casually, or mechanically – High Courts to clarify reasons for interim orders, demonstrating application of mind – Interim orders to be specific and not vague, ensuring clear understanding and application. [Para 22]

Judgment – High Court's interim orders set aside – Supreme Court finds High Court orders not in line with settled legal principles – Instructions for High Courts to follow guidelines in issuing interim orders during investigations – Appeals allowed, interim protections for respondents vacated. [Para 23-27]

Defamation Allegation Based on Public Statement - Petitioner, Tejashwi Prasad Yadav, accused of defaming Gujarati community through a public statement - Complaint filed in Ahmedabad court, with petitioner seeking transfer to Delhi [Para 1-2].

Petitioner's Statement and Subsequent Affidavits - Original statement made in the context of a question about Mehul Choksi - Petitioner's affidavits clarify context and withdraw the offending statement, asserting no intention to defame Gujaratis [Paras 3-5, 8].

Quashing of Defamation Case - Court's consideration under Article 142 of the Constitution of India for complete justice - Acknowledgment of petitioner's withdrawal and clarification of statement - Decision to quash the complaint as continuation of prosecution deemed unjust [Paras 9-11].

Disposal of Transfer Petition - With quashing of the complaint, the need for transfer petition becomes irrelevant - Petition disposed of [Para 12].

Civil Appeal – Property Dispute – Inheritance Rights – Appeal against High Court’s order in a property dispute involving settlement deeds and inheritance rights. A mother transferred property to her sons and daughter in 1947, leading to legal battles over subsequent settlement deeds and claims of inheritance rights by various family members. [Para 1-14]

Settlement Deeds – Validity and Legal Sanctity – Examination of the validity and legal sanctity of multiple settlement deeds executed by family members over the years, impacting the inheritance rights and distribution of property. [Para 3-7.1]

Limitation Act – Applicability and Interpretation – Analysis of the applicability and interpretation of the Limitation Act in the context of property disputes and inheritance claims, specifically focusing on the time frame for filing suits and claiming rights. [Para 12-17, 22-23, 32]

Adverse Possession – Concept and Legal Requirements – Discussion on the concept of adverse possession, its legal requirements, and its application in property disputes, particularly in the context of long-term possession and inheritance rights. [Para 20-21]

Specific Relief Act – Declaration of Status or Right – Exploration of Section 34 of the Specific Relief Act, 1963, regarding the discretion of courts in declaring status or right, and the necessity of seeking further relief beyond mere declaration of title in property disputes. [Para 24-31]

Decision – Restoration of Trial and First Appellate Court Judgments – The Supreme Court set aside the High Court’s judgment in Second Appeal No. 1926 of 2004, restoring the decisions of the Learned Trial Court and the First Appellate Court, which dismissed Gopalakrishnan’s suit on the grounds of limitation and non-maintainability. [Para 35-36]