Arbitration Law – Limitation Period – Applicability to Section 11(6) Arbitration and Conciliation Act, 1996 – The Supreme Court examined the applicability of the Limitation Act, 1963 to applications for appointment of arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996. The Court clarified the distinction between the limitation for filing a Section 11(6) application and for raising substantive claims in arbitration. It held that the limitation for a Section 11(6) application begins only after a valid notice invoking arbitration is issued and the other party fails to comply with the appointment procedure agreed upon. [Paras 43-54]

Arbitration Proceedings – Commencement and Limitation – Petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, for the appointment of an arbitrator in a dispute arising from a franchise agreement – Analysis of when the right to apply for arbitration accrues and the applicability of the Limitation Act, 1963 to arbitration proceedings – The present petition not barred by limitation as it was filed within three years from the date of respondent's failure to comply with the notice of invocation of arbitration [Paras 90-91, 94-95].

Cause of Action and Limitation – Determination of the accrual of cause of action on 28.03.2018, when the respondent showed unwillingness to continue discussions on payments related to the ICCR project – The claims not ex-facie dead or time-barred on the date of commencement of arbitration proceedings, considering the extension of limitation due to the Covid-19 pandemic [Paras 75-81, 83-88].

Appointment of Arbitrator – Shri Justice Sanjay Kishan Kaul, Former Judge of the Supreme Court of India, appointed as the sole arbitrator to adjudicate the disputes between the parties [Para 92].

Decision – The petition under Section 11(6) was allowed, and the appointment of an arbitrator was made. The claims sought to be arbitrated were not found to be ex-facie time-barred on the date of commencement of the arbitration proceedings. [Paras 90-94]

Criminal Law – Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) – Appeal Against Conviction  – Appellants convicted by trial court under Section 8(c) read with Section 20(b)(ii)(c) of the NDPS Act for alleged possession and transportation of 80 kg ganja – Conviction affirmed by High Court – Appeals filed by appellants [Paras 1-2, 11-12].

Procedural Irregularities in Seizure and Sampling – Discrepancies in seizure of ganja and non-compliance with NDPS Act provisions – Three bundles of ganja allegedly recovered, but only two samples reached FSL – Lack of independent panch witness testimony and proper documentation of sample handling and storage – FSL report deemed inadmissible due to procedural flaws [Paras 13-21, 22].

Compliance with Section 52A of NDPS Act – Absence – Held – The prosecution failed to comply with Section 52A of the NDPS Act regarding the preparation of inventory and obtaining samples in the presence of a jurisdictional Magistrate, rendering the FSL report ineffectual. [Para 21-22]

Flaws in Prosecution's Case – Absence of concrete evidence against accused A-3 and A-4 – Reliance on inadmissible confession to police – Inconsistencies in police witness testimony – Prosecution failed to prove charges beyond reasonable doubt [Paras 23-24].

Confession to Police – Inadmissibility – Observed – Confessions made to police officers are inadmissible in evidence under Section 25 of the Evidence Act, impacting the prosecution’s case against accused A-3 and A-4, who were implicated based on interrogation notes of co-accused. [Para 23]

Decision – Acquittal of Accused – The Supreme Court acquitted the accused, holding that the prosecution failed to prove the charges beyond reasonable doubt due to procedural lapses and evidentiary inconsistencies. The judgment and conviction by the lower courts were set aside. [Para 24-26]

Judicial Services - High Court – Administrative Powers – Article 235 – Rajasthan High Court Rules, 1952 – Acting Chief Justice constituting Two-Judge Committee to evolve criteria for grant of selection scale – Committee’s recommendations later approved by Full Court – Held: Constitution of Committee valid; once Full Court approved, decision became decision of Court – Rule 15 does not require prior consultation of all Judges before initiation; quorum under Rule 29 sufficient – High Court erred in declaring exercise illegal [Paras 14–20, 23–30, 37].

Delegation of Powers – Control over Subordinate Judiciary – Article 235 – High Court may authorise Chief Justice/Committee of Judges to act on its behalf in administrative matters – Not “delegation” but valid authorization to effectuate control – Batuk Deo Pati Tripathi principle applied [Paras 17, 34].

Merit Criteria – Evolution and Modification – Full Court earlier fixed “three good ACRs out of five” as criteria – Committee recommended “five good ACRs out of seven” – Held: Committee’s report only recommendatory; final decision rested with Full Court – Once approved, criteria validly modified [Paras 6–8, 25, 33].

Consultation – Meaning – Rule 15 Rajasthan HC Rules – Consultation with “all Judges” means opportunity for deliberation; not invalid merely because some Judges absent – Quorum requirement governs validity – Full Court’s approval satisfies consultation requirement [Paras 27–29, 36].

Ratification – Even if initial constitution irregular, subsequent approval by competent Full Court cures defect – Ratification relates back – Decision valid [Paras 37, 41–42].

Judicial Review – Scope – Courts cannot sit in appeal over assessment of judicial officers’ merit; right of officers is only to fair consideration, not to promotion – Orissa Small Industries Corpn. Ltd. v. Narasingha Charan Mohanty applied [Paras 43–44].

Decision – Impugned judgment of Rajasthan High Court dated 23.11.2000 set aside – Appeals allowed – No order as to costs [Paras 45–46].

Constitutional Law & Consumer Protection – Challenge to vires of the Consumer Protection Act, 1986 – Parliament’s competence – Articles 246, List III Entry 11A, Articles 323A/323B – WPs/Appeals disposed – Full Bench upholds constitutionality of the Act; C.A. Nos. 4613–4614/1999 and W.P.(C) Nos. 417/1996 & 12/2000 dismissed; State’s appeal (C.A. No. 9927/1996) allowed to correct interpretation of Section 25 – Held: Parliament competent to enact the Act under Article 246 read with Entry 11A List III (moved from List II by the 42nd Amendment); the Act supplements and does not supplant civil court jurisdiction (Section 3); Articles 323A/323B are enabling and do not curtail general legislative power; power of judicial review under Articles 226/227/32 remains intact [Paras 1–15, 34–49, 52].

Legislative Competence – Creation of tribunals/fora – Not “parallel civil courts” – Entry 11A List III & allied entries – The consumer fora (District Forum, State Commission, National Commission) are quasi-judicial bodies with judicially qualified Presidents and expert members; they provide inexpensive, summary remedies without ousting civil courts – Parliament’s plenary power to constitute such fora affirmed; reliance on In re Special Courts Bill to argue “parallel courts” rejected; Section 3 clarifies additional nature of remedy [Paras 12–19, 24–29, 34–39, 41–47].

Articles 323A & 323B – Scope – Enabling provisions – Do not preclude Parliament from establishing tribunals/fora outside their subject-matter, provided legislative competence exists under the Seventh Schedule – L. Chandra Kumar and Delhi High Court Bar Association applied; judicial review is part of basic structure and is preserved [Paras 35, 48, 40, 52].

Section 25, Consumer Protection Act – Execution of orders – Legal fiction equating orders to civil court decrees for execution – Consumer fora can execute their own orders; reference to civil court is only “in the event of its inability to execute” – High Court’s view that every order must be sent to civil court is incorrect – Section 25 to be read with Section 27; fora possess necessary ancillary/incidental powers to effectuate orders [Paras 55–63].

Section 27, Consumer Protection Act – Penal consequence for non-compliance – Additional mode of enforcement akin to CPC Order 39 Rule 2-A / Contempt / CPC Section 51 & Order 21 Rule 37 – Parliamentary statute may confer penal enforcement to secure compliance, in addition to execution as decree [Paras 57–59].

Procedural Safeguards & Workability – Absence of express power of transfer or injunction not fatal to constitutional validity – Parties retain appellate remedies (Sections 15, 19, 23) and constitutional remedies (Articles 226/227/32); complex disputes can go to civil court; fora must give reasons; composition ensures judicial input; object is consumer welfare and speedy, inexpensive redress [Paras 38–41, 45–47, 50–52].

Decision – W.P.(C) No. 417 of 1996, W.P.(C) No. 12 of 2000, C.A. Nos. 4613–4614 of 1999 dismissed – C.A. No. 9927 of 1996 allowed – Constitutionality of the Consumer Protection Act, 1986 upheld – High Court’s interpretation of Section 25 set aside – No order as to costs [Para 64].

Civil Law - Consolidation Proceedings – Claim by Alleged Encumbrancer – Sections 19 and 20 of East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 – Appeals Dismissed – The appellant claimed entitlement to 5 biswas (250 sq. yards) of land in Village Sanoth on the basis that his predecessor had trespassed on a portion of the respondents’ land and was therefore an encumbrancer entitled to allotment under the consolidation scheme – The application for possession was filed in 1993, nearly 11 years after the scheme had been finalized in 1982 – The Consolidation Officer and Financial Commissioner rejected the claim for want of legal entitlement and delay – High Court dismissed the writ petition in limine – Supreme Court upheld all lower authority decisions, holding that a trespasser cannot be treated as a legal encumbrancer and the delay was fatal – Appeals dismissed [Paras 1–7].

Encumbrancer – Unauthorized Occupant Cannot Claim Legal Encumbrance – Section 19 – Rejection Justified – The appellant’s claim was based solely on his predecessor’s alleged illegal possession – Held: The term "encumbrancer" under the Act refers to a person with a legal right, such as a lessee or mortgagee – A mere trespasser cannot be elevated to that status – Claim rightly rejected by authorities [Paras 1-2].

Delay and Laches – 11-Year Delay in Seeking Relief – Section 20 – Application Barred – The appellant approached authorities in 1993 relying on a 1982 list after finalisation of consolidation proceedings – Held: The long, unexplained delay rendered the application untenable – Reliance on unrelated proceedings was immaterial – Rejection on grounds of delay upheld [Para 3].

Discrimination Argument – No Parity of Facts – Comparison with Other Case Unfounded – The appellant alleged discrimination by citing another case where possession was granted – Held: That case involved allotment during consolidation – Appellant had no such allotment – No merit in plea of unequal treatment [Para 4].

Cultivation Claim – Size of Land Indicates Falsehood – Claim Not Credible – Appellant claimed cultivation over 5 biswas of land – Held: Such a small area is not typically used for agriculture – Claim appeared false and unsupported by record – No merit found in appellant’s version [Para 5].

Final Decision – Appeals Without Merit – Dismissed – Both appeals were held to be devoid of legal merit and substance – Orders passed by Consolidation Officer, Financial Commissioner, and Delhi High Court affirmed [Paras 6-7].

Criminal Procedure Code 1973 (CrPC) – Section 482 – Quashing of criminal complaint – Unexplained inordinate delay must be taken into consideration as a crucial factor for quashing a criminal complaint – Over four-year gap between initial investigation and complaint filing, with no evidence provided to sustain the claims – High Court must detail cases to prevent miscarriage of justice – Criminal complaint quashed – Appeal allowed [Paras 1-29].

Decision – Appeal allowed – Criminal complaint quashed – High Court order set aside [Para 29

Criminal Procedure Code 1973 (CrPC) – Section 427 – Sentence on offender already sentenced for another offence – Theft of electricity – Sentences in nine cases – If a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment, such subsequent term of imprisonment would normally commence at the expiration of the imprisonment to which he was previously sentenced – Ordinarily the subsequent sentence would commence at the expiration of the first term of imprisonment unless the court directs the subsequent sentence to run concurrently with the previous sentence – The general rule is that where there are different transactions, different crime numbers and cases decided by different judgments, concurrent sentence cannot be awarded under Section 427 CrPC – Under Section 427(1) of CrPC, the court has the power and discretion to issue a direction that all the subsequent sentences run concurrently with the previous sentence; however, discretion has to be exercised judiciously depending upon the nature of the offence or offences committed and the facts in situation – Specific direction or order by the court is required for the subsequent sentence to run concurrently with the previous sentence – This Court orders and directs that the sentences imposed on the appellant in the nine sessions trials shall run concurrently [Paras 1-16].

Decision – Appeal allowed – High Court judgment set aside – Sentences in nine cases to run concurrently [Para 14].

Evidence – Multiple dying declarations – Legal position summarized – If the court concludes a dying declaration is true and reliable, made without tutoring, duress, or prompting, and when the declarant was physically and mentally fit, it can be the sole basis for conviction – In case of inconsistencies, the declaration by a higher officer (e.g., Magistrate) can be relied upon if no circumstances cast doubt on its truthfulness – Scrutiny required when declarations are not voluntary or are unsupported by other evidence [Paras 1-15].

Penal Code 1860 (IPC) – Section 498A – Cruelty – Multiple dying declarations – Second declaration rejected by the High Court – Appellant's conviction examined based on cumulative evidence – First declaration did not name the appellant – Second declaration was the only evidence of cruelty, deemed unreliable by the High Court – Conviction and sentence set aside [Paras 16-21].

Section 32 of the Indian Evidence Act – Relevance of dying declarations – Statements concerning the cause of death or related circumstances are relevant – Test of credibility based on overall facts and evidence – Multiple dying declarations require careful assessment of consistency and truthfulness [Paras 11-14].

Decision – Appeal allowed – Conviction and sentence under Section 498A IPC set aside – Appellant to be released unless required in another case [Para 21].

Land Acquisition Act 1894 – Section 4 – Acquisition of land – Compensation – Claimants not entitled to the same compensation as awarded for lands acquired after 5 years from the date of acquisition – High Court awarding compensation at Rs.297/- per sq. yard unsustainable – Compensation rate revised to Rs.120/- per sq. yard [Paras 1-6].

Decision – Appeal allowed in part – Compensation revised to Rs.120/- per sq. yard – Statutory benefits and interest to be provided excluding the delayed period in preferring the appeal [Para 6].