Arbitration and Award Enforcement – Dispute between Department of Women and Child Development, Karnataka, and M/s Christy Friedgram Industry – Arbitration over termination of agreements for nutrition centres – Sole arbitrator awarded a total sum of Rs. 1,66,47,31,962/- to the respondent, including various claims and interests. [Paras 1-2]

Legal Proceedings and Challenges – Award challenged under Section 34 of the Arbitration and Conciliation Act, 1996 – Commercial Court and High Court dismissed the challenges – Special Leave Petition by respondent dismissed by Supreme Court on 27 July 2022 – Petitioner's challenge to award also rejected, with High Court declining to condone delay of 225 days in filing appeal. [Paras 3-5]

Consideration of Independent Challenge by Petitioner – High Court’s observation on impact of SLP dismissal corrected – Petitioner's independent challenge to arbitral award acknowledged – However, delay in filing commercial appeal not condoned due to insufficient explanation. [Paras 6-9]

Negotiations and Court’s Intervention on Interest Rate – Parties engaged in negotiations for amicable solution – Supreme Court, upon agreement of parties, scaled down post award interest rate to 9% per annum – Remaining parts of the award unaffected. [Paras 10-12]

Compliance and Settlement of Dues – Petitioner deposited award amount with interest – Joint statement by advocates to quantify exact payable amount post-modification of interest rate – Balance refundable to petitioner after respondent’s withdrawal. [Paras 13-14]

Decision – Special Leave Petition disposed with modifications to post-award interest rate – All pending applications disposed of. [Paras 14-15]

Arbitration - Application under Section 9 of the Arbitration and Conciliation Act 1996 for injunctive reliefs - Jurisdiction of the High Court to hear and decide the application - Proceedings related to performance/retention bank guarantees - First respondent's undertaking not to encash bank guarantees - Invocation of bank guarantees by the first respondent - Extension of protection for bank guarantees - Cooperation of parties in the hearing of the application - Special Leave Petition disposed of with all rights and contentions of the parties kept open. [Para 1-12]

Adoption Validity – Contesting of Registered Adoption Deed – Section 16 of Hindu Adoptions and Maintenance Act, 1956, raises presumption in favor of registered adoption documents, but is rebuttable – Requirements of actual giving and taking in adoption under Section 11(vi) of the same Act not convincingly proven – Adoption ceremony’s credibility doubted due to absence of key participants and lack of convincing photographic evidence. [Paras 35-51]

Will Validity – Requirements under Section 63 of Indian Succession Act, 1925, for proving a Will – Necessity of attestation by two witnesses as mandated by the Act not satisfied – Inadequate evidence to establish that Will was signed in testator's presence or with her acknowledgment – Will deemed not proved as per legal requirements, rendering it legally ineffective. [Paras 17-32]

Testamentary Document – Examination of suspicious circumstances surrounding the execution of Will – Consideration of age, health condition, and behavior of testator at the time of Will execution – Discrepancies in adoption and testamentary documents indicating lack of consistent and credible evidence for legal validation. [Paras 33-34, 52-54]

Decision – Appeal of Moturu Nalini Kanth dismissed – Adoption and Will not proved in accordance with law – Findings of High Court confirmed, denying Nalini Kanth any right or share in Venkubayamma’s properties. [Para 55]

Extra-Territorial Jurisdiction for Anticipatory Bail – Clarification of legal position concerning the scope of Section 438 of CrPC – High Court or Court of Session can grant limited/transitory anticipatory bail for an FIR registered outside its territorial jurisdiction, subject to certain conditions. [Paras 36-41]

Scope of Section 438 of CrPC – Consideration of fundamental rights under Articles 14 and 21 of the Constitution – Protecting personal liberty, dignity, and access to justice through the provision of anticipatory bail. [Paras 24-31, 40-42]

Forum Shopping and Abuse of Process – Caution against misuse of extra-territorial anticipatory bail – Need for establishing territorial connection or proximity between the accused and the jurisdiction of the court approached. [Para 40]

Transit Anticipatory Bail – Concept and applicability clarified – Temporary relief granted by a court outside the jurisdiction where the FIR is lodged, allowing the accused to approach the competent court for full-fledged anticipatory bail. [Paras 35-37]

Jurisdiction in Matrimonial Cases – Application of Rupali Devi vs. State of U.P. – Courts at the place where the wife takes shelter after separation can have jurisdiction to entertain complaints under Section 498A IPC. [Para 48]

Implications for Interstate Arrests – Need for restraint in police action during interstate arrests – Importance of transit remand and protection against arbitrary arrest. [Para 33]

Decision – Set aside the impugned orders of the learned Additional City Civil and Sessions Judge Bengaluru City – Directed no coercive steps against the accused for four weeks to approach the jurisdictional court in Chirawa, Rajasthan for anticipatory bail. [Para 49]

Auction Process and Annulment of Attempts – Analysis of the tender process for mining leases under the Mineral (Auction) Rules, 2015 – Issues related to the annulment of the first auction attempt due to lack of valid bids and the subsequent annulment of the second auction attempt – Appellants' discretion in decision-making examined. [Paras 1-6, 13-15]

Technical Bid Submission and Evaluation – Respondent's failure to submit a technical bid through the electronic platform as mandated – Subsequent evaluation and recommendation by the Tender Evaluation Committee (TEC) for annulment of the auction attempts – Legal implications of non-compliance with bid submission procedures. [Paras 4-5, 15]

Judicial Review of Tender Process – Scope and limitations of judicial review in tender and contractual matters – Importance of adherence to statutory provisions and ensuring public interest in the auctioning of natural resources – Examination of the decision-making process and its conformity with legal and procedural norms. [Paras 16-17]

Statutory Provisions and Public Interest – Obligations under the Mineral (Auction) Rules, particularly Rule 9, and the Mines and Mineral (Development and Regulation) Act – State's role in managing natural resources and ensuring maximized validation and revenue from mineral exploitation – Interpretation of Rule 9 in the context of the auction process and annulment decisions. [Paras 13, 17]

Decision – Appeal allowed; impugned judgment set aside due to legal and procedural misinterpretations in the auction process – Emphasis on strict adherence to statutory rules and safeguarding public interest in the allocation of mining leases. [Para 19]

Money Laundering and Financial Irregularities – Alleged involvement of Tarun Kumar in financial irregularities and money laundering in SBFL – Accused of using his position in SBFL to facilitate and cover up financial fraud, with direct involvement in the use of shell companies for fake invoicing, diversion, and laundering of funds. [Paras 3-4, 7, 10, 16]

Bail Consideration in Economic Offences – Assessment of bail application under the stringent provisions of PMLA – Emphasis on the severe impact of economic crimes on national economy – Necessity of establishing innocence and non-likelihood of re-offending for bail consideration. [Paras 13, 17, 20-23]

Dismissal of Appeal – Supreme Court upheld the decision of the High Court and Special Judge, denying bail to Tarun Kumar – Recognized the complex and grave nature of economic offences, necessitating detailed investigation and trial. [Para 24]

Judicial Appointments – Validity of Additional Appointments Post Selection Process – Supreme Court examining the validity of appointments of Civil Judge (Junior Division) made after the original selection process – Original selection process based on advertised vacancies – Additional appointments made due to unanticipated vacancies arising post-advertisement – Legal implications and equity considerations in the context of judicial service appointments. [Paras 1-39]

Constitutional Law – Article 142 of the Constitution of India – Supreme Court’s exercise of powers under Article 142 to uphold flawed selection process post-result declaration – Factors considered: Long service of appointees as Judicial Officers, absence of favoritism or nepotism in appointments, and public interest – Upholding the appointments despite procedural anomalies. [Para 37]

Service Jurisprudence – Advertised vs. Unadvertised Vacancies – Principle that appointments should be limited to vacancies advertised – Supreme Court clarifying that vacancies arising post-advertisement should ideally be part of the next selection cycle – Impact on rights of candidates and service jurisprudence. [Paras 25-28, 35]

Judicial Review – High Court’s Role in Appointment Process – High Court’s involvement in post-selection appointment process – High Court’s failure to object to additional appointments critiqued – Shared responsibility among State Commission, Government, and High Court for procedural irregularities. [Para 34]

Equity and Public Interest – Long Tenure of Judicial Officers – Consideration of tenure and experience of appointees in judicial office – Equity favoring retention of appointees despite procedural flaws in their selection – Public interest in retaining experienced judicial officers. [Para 36]

Dismissal of Connected Appeals – Appeals by other candidates for inclusion in selection list dismissed – Supreme Court not disturbing High Court’s legal findings but providing equitable relief to specific appellants. [Para 38]

Future Implications of Litigation on Judicial Career – Direction that litigation should not adversely impact the career of judicial officers in question – Officers to be treated at par with other appointees of their batch. [Para 39]

Governor’s Role in Legislative Process – Challenged inaction of Governor regarding assent to Bills passed by Punjab Vidhan Sabha – Governor’s withholding of assent without valid constitutional basis – Dispute over the constitutional role and limitations of the Governor in the legislative process of a state. [Paras 1, 4-8, 19-21, 25-27, 44-46]

Adjournment and Prorogation of Legislative Assembly – Distinction between adjournment sine die and prorogation of legislative sessions – Legality of reconvening Punjab Vidhan Sabha by the Speaker after adjournment sine die – Speaker's authority in regulating procedures of the House affirmed. [Paras 29-34, 37-38, 40-41, 43-44]

Constitutional Function of the Governor – The Governor as a symbolic head, bound by the 'aid and advice' of the Council of Ministers except in discretionary areas – Governor's exercise of powers in legislative matters, constrained by constitutional provisions and democratic principles. [Paras 15-17, 20-21, 25-26, 44-45]

Jurisdiction under Article 32 – Invocation of the Supreme Court’s jurisdiction under Article 32 for resolution of constitutional issues involving the Governor's role and legislative procedures in Punjab Vidhan Sabha. [Paras 1, 9-10]

Decision – Petition allowed; Sessions of Punjab Vidhan Sabha on 19 and 20 June 2023, and 20 October 2023 declared valid – Governor directed to act on Bills presented for assent in a manner consistent with Article 200 of the Constitution. [Paras 44-47]

Civil Appeal – Environmental Compliance and Prosecution – Appellant challenged National Green Tribunal's order allowing prosecution for non-compliance with environmental norms – Issues related to ex-post facto Consent to Establish (CTE) and environmental clearance (EC) – Supreme Court set aside part of NGT's judgment, confirming the rest, allowing the appeal in part. [Para 1-12]

Environmental Clearance (EC) – Validity and expiration of EC for construction – NGT's observations on expired EC and illegal construction between specific dates set aside by Supreme Court as beyond the scope of the appeal before NGT – Matters left open for appropriate proceedings. [Para 7, 12(a)]

Consent to Establish (CTE) – Ex-post facto CTE and its implications – Appellant's prosecution for activities conducted before grant of ex-post facto CTE discussed – Supreme Court held that appellant bound by the terms of ex-post facto CTE, confirming NGT's judgment in this regard. [Para 8-11, 12(b)]

Prosecution Approval – Challenge to approval for prosecuting appellant under environmental laws – Supreme Court found no grounds to interfere with NGT's judgment confirming prosecution as per conditions of ex-post facto CTE. [Para 11, 12(b)]

Decision – Supreme Court partly allowed the appeal, setting aside NGT's observations on EC, but confirming its decision on legality of prosecuting the appellant as per ex-post facto CTE conditions. [Para 12]