Arbitration – Interim Measures – Section 9 confers wide powers on courts to secure the disputed amount before, during, or after arbitration but before enforcement under Section 36 – Court must assess if the applicant has a prima facie case, balance of convenience, and promptness in seeking relief [Paras 1-2].

Stay of Arbitral Award – Section 36(2) allows for stay of award subject to conditions imposed by the court, including security covering the entire award amount and interest – Court’s discretion emphasized, with necessity to provide reasons for granting stay [Paras 3-4].

Portuguese Civil Procedure Code – Inventory Proceedings – Sections 1369 to 1447 govern the process of inventorying and partitioning estates – Licitation involves a closed auction for heirs to bid for estate items – Successful bids and the obligation to pay owelty (excess payment) create inheritable rights, not merely personal ones [Paras 5-24].

Decision – Appeals dismissed – The court upheld the High Court’s decision that the right from a successful bid in inventory proceedings is inheritable and not extinguished upon the bidder’s death – Costs not awarded [Para 25].

Criminal Law – Circumstantial Evidence – Murder – The conviction under Section 302 read with Section 34 IPC requires the circumstantial evidence to form a chain so complete that it conclusively points to the guilt of the accused, excluding any other hypothesis – There was no direct evidence or last seen evidence linking the appellants to the crime – Prosecution failed to establish a complete chain of events leading to the conclusion that the appellants alone committed the murder – Conviction set aside – Accused acquitted [Paras 1-8].

Decision – Appeals allowed – Judgments of the Trial Court and High Court convicting the appellants under Section 302/34 IPC quashed – Appellants acquitted and ordered to be released forthwith if not required in any other case [Para 8].

Tax Law – Transfer to Defraud Revenue – Section 34 of the U.P. Trade Tax Act applies only if the transfer of immovable property occurs during the pendency of proceedings under the Act with the intent to defraud tax dues – The transfer in this case was made before the reassessment proceedings began – Consequently, Section 34 does not apply, and the transfer is valid – Tribunal and High Court orders setting aside the recovery certificate against the purchaser upheld [Paras 1-7].

Decision – Appeals dismissed – Judgments of the High Court and Trade Tax Tribunal quashing the recovery certificate against the respondent affirmed – No costs [Para 7].

Employees' Compensation – Permanent Disability – Compensation – The appellant, who suffered a 60% permanent disability due to a fall while working, was initially awarded compensation by the Commissioner based on a medical certificate – The High Court set aside this award based on a subsequent medical examination conducted after nine years, which found no permanent disability – The employer did not request a timely medical examination by a Medical Board – The appellant is entitled to compensation, and the amount already withdrawn by the appellant is considered as full and final settlement [Paras 1-5].

Decision – Appeal partially allowed – The appellant is entitled to a total sum of ₹376,236 towards compensation with interest for the disability suffered, which has already been withdrawn – The balance amount in deposit with the High Court/Commissioner may be withdrawn by the respondent/employer if not withdrawn so far [Para 5].

Excise Duty – Modvat Credit – The appellant claimed Modvat credit on 'Guide Cars' under Rule 57Q, asserting they were 'components' of Coke Oven Battery – The classification of 'Guide Car' by the supplier under Chapter sub-heading 8603.00 was upheld – 'Guide Car' found not to be an integral part of Coke Oven Battery but distinct equipment used for transporting hot coke – Appellant not entitled to Modvat credit on 'Guide Car' – Penalty imposed by Tribunal quashed due to the bonafide belief of the appellant [Paras 1-12].

Decision – Appeal dismissed regarding the denial of Modvat credit on 'Guide Car' – The demand of ₹4,586,664 as Modvat credit availed on 'Guide Car' upheld – Penalty of ₹100,000 imposed by the Tribunal quashed – No order as to costs [Para 12].

Stamp Duty – Agreement to Sell – Possession – The agreements in question did not convey possession of the immovable property, as the plaintiff was already in possession prior to execution – Entry No. 5 (cc) of Schedule 1-A applicable under Punjab Stamp Act requires stamp duty on agreements evidencing delivery of possession – The trial court and High Court's orders demanding deficient stamp duty and penalty were based on incorrect application of the law – Orders set aside [Paras 1-5].

Decision – Appeal allowed – High Court and Trial Court orders directing appellant to pay deficient stamp duty with penalty quashed – No costs [Para 5].

Negotiable Instruments – Vicarious Liability – Section 141 of the NI Act – The High Court should not quash proceedings under Section 482 CrPC unless there is unimpeachable and incontrovertible evidence that a director/partner was not involved with the issuance of the cheque – The complainant must make specific averments regarding the role of the accused partner – Absence of specific averments in the complaint does not automatically warrant quashing the proceedings – The onus is on the accused to provide incontrovertible material to support their defense [Paras 1-48].

Decision – Appeal allowed – The High Court order quashing the proceedings against the respondent set aside – The complaint to proceed against the respondent [Paras 49-50].

Motor Vehicles – Compensation – Enhancement – The claimant, who worked in the Merchant Navy, suffered an amputation of his right arm below the elbow, resulting in 70% disability – The High Court enhanced the Tribunal's compensation award to ₹1,482,000 but considered the claimant's income at ₹18,000 per month, assuming he worked only six months a year – This observation was without basis – The correct income should be at least ₹30,000 per month considering future income rise – Total compensation recalculated to ₹6,235,000 – Pain and suffering compensation increased from ₹25,000 to ₹400,000 due to multiple operations and prolonged hospitalization [Paras 1-7].

Decision – Appeal partly allowed – Total compensation set at ₹6,235,000 with 7.5% interest per annum from the date of filing the claim petition till realization – Enhanced amount to be deposited within eight weeks and paid to the claimant by account payee cheque – No costs [Paras 6-7].

Education – Fundamental Right – Article 19(1)(g) – The right to establish educational institutions is a fundamental right under Article 19(1)(g) – Reasonable restrictions on this right can be imposed only by a law enacted by the legislature, not by an executive resolution or instruction – The Pharmacy Council of India's moratorium on the opening of new pharmacy colleges for five years, imposed through executive instructions, is invalid [Paras 28-55].

Reasonableness of Restrictions – The power to regulate includes the power to impose reasonable restrictions in the interest of the general public – However, such restrictions must be imposed by law and satisfy the test of proportionality – The Pharmacy Council of India’s moratorium failed this test as it was not enacted through proper legislative procedure [Paras 34-38, 41-48].

Decision – Appeals dismissed – The moratorium imposed by the Pharmacy Council of India through resolutions dated July 17, 2019, and September 9, 2019, is invalid – High Courts’ orders quashing these resolutions upheld – No order as to costs [Paras 55-58].