COMPETITION ACT, 2002 — Sections 28(1), 32 — Conflict between Section 28 of the Act and Section 32 of the Nationalisation Act — Court held that if Section 28 of the Competition Act is evoked and a direction for division is given, it would be inconsistent with the provisions of the Nationalisation Act — However, the court clarified that Parliament has conferred the power to order division on the Competition Commission of India (CCI) to prevent abuse of dominant position and ensure proper implementation of the Act — Court rejected the contention that the appellants could escape the application of the Act — Appellants have the right to defend their actions under the law. (Para 121-125)

COMPETITION ACT, 2002 — Sections 27, 28(2) — Power of CCI to order division — Court observed that Section 28 of the Competition Act grants the CCI the power to order division of an enterprise enjoying dominant position — The power includes various matters such as transfer or vesting of property, adjustment of contracts, creation or cancellation of shares or securities, and winding up of an enterprise — Court emphasized that this power is intended to prevent abuse of dominant position and must be exercised carefully — The Act grants broad powers to the CCI and does not admit of a narrow interpretation. (Para 122-124)

NATIONALISATION ACT — Monopolies in coal industry — Court held that coal companies are considered monopolies under the Nationalisation Act — The first appellant and its subsidiary enjoy a monopoly over production, distribution, and sale of coal — Court clarified that government companies, even when pursuing goals outlined in the Directive Principles, must act fairly, avoid discrimination, and not act with caprice. (Para 109-111)

COMPETITION ACT, 2002 — Applicability to government companies — Court held that there is no merit in the contention that government companies governed by the Nationalisation Act are exempt from the Competition Act — The Act applies to all enterprises, including government companies, to prevent abuse of dominant position and ensure fair competition — However, appellants have the right to defend their actions under the law. (Para 125)

JUDICIAL REVIEW — Standards of fairness — Court clarified that government companies must adhere to the standard of fairness and duty to avoid discriminatory practices — Judicial review requires holding government companies accountable for their actions — The Act provides a specialized forum, the CCI, which is an expert body and can seek valuable inputs from experts and the report of the Director General of Investigation. (Para 120, 119)

CONSTITUTIONAL LAW — Directive Principles of State Policy — Government companies' obligations — Court emphasized that government companies, even when pursuing the goals of the Directive Principles, cannot act solely as profit-making engines or disregard their obligations under the Constitution — They must balance their objectives with the standards of fairness and non-discrimination. (Para 118, 120)

DISPOSAL OF CASES:

Court disposed of the transferred cases and ordered them to be dealt with on their own merits — The appeal would also be dealt with on its own merits — Interlocutory applications seeking interim relief and the contempt petition were listed for hearing at a later date. (Para 125, 126)

Share Allotment - Increase in Authorized Capital - Oppression and Mismanagement - Allegations of illegality and defect in allotment of shares - Whether the increase in authorized capital and allotment of shares amounted to oppression and mismanagement - Whether the actions of the appellants were defective or unfair - Concurrent findings of the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) - Whether the courts below erred in their findings. (Para 46)

Repayment of Money - Allotment of Shares - Allegation of repayment of money to a member of the appellants' group - Whether the repayment was a legitimate transaction or an act of oppression - Whether the transaction had bona fide intentions. (Para 37)

Notice to Shareholders - Complaint of non-receipt of notice - Whether the NCLAT failed to find that the respondents were served with the notice - Contention that the postal covers contained communications other than the notice - Findings of the NCLT and the NCLAT regarding the respondents' claim. (Para 41)

Increase in Authorized Capital - Allotment of Shares - Alleged violation of order of proceedings - Whether the Board of Directors acted within their authority in deciding to issue shares before the authorized capital was increased - Interpretation of relevant provisions of the Companies Act, 1956 - Comparison with the decision in Nanalal Zaver case - Examination of the Board's resolution and its compliance with the law. (Para 48)

Act of Oppression - Change in Shareholding Pattern - Effect of the respondents' refusal to participate in share allotment - Whether the change in shareholding pattern was a result of the appellants' unfair actions or the respondents' voluntary decision - Examination of the facts and circumstances. (Para 46, 52)

Bona Fide Intention - Fresh Funds - Debt-Equity Ratio - Alleged absence of bona fides in increasing authorized capital and allotting shares - Claim that the increase was for infusing fresh funds, but only a smaller amount was brought in - Argument of the appellants regarding the improvement of the debt-equity ratio - Examination of the purpose behind the increase in authorized capital and the impact on the company's financial condition. (Para 47)

Findings of NCLT and NCLAT - Concurrent findings of the NCLT and the NCLAT regarding the awareness of the respondents about the increase in share capital and the compliance with the law - Consideration of the factual findings and their relevance to the determination of oppression and mismanagement. (Para 42)

Compliance with Law - Application for Shares - Entitlement of shareholders to apply for shares in proportion to their existing shares - Whether the allotment of shares in excess of the ratio was permissible only after a shareholder refused to take up their entitled shares - Understanding of the NCLAT's decision on the application process - Examination of the legality of the allotment process. (Para 43)

Allotment of Shares - Defect or Illegality - Examination of the allegations of defect or illegality in the allotment of shares - Whether the actions of the appellants can be considered defective, illegal, or oppressive - Determination based on the facts and circumstances of the case. (Para 45)

Criminal Appeal - Conviction under Section 302 of IPC - Appellants convicted and sentenced to life imprisonment - Appeal against conviction - Benefit of doubt - Interpolation in FIR - Delay in conducting post-mortem - Lack of credible eye-witnesses - Discrepancies in evidence - Presence of accused appellants not well established - Acquittal granted - Judgment and orders of lower courts set aside. (Para 23)

FIR - Ante-timing - Infirmities in FIR - Interpolation of time and conversion of PM to AM - Loss of evidentiary value - Benefit of doubt granted to accused. (Para 12, 13)

Presence of Accused - Doubts raised - Conduct and behavior of son and nephew of deceased unnatural - Failure to intervene or provide medical aid - Failure to produce recovered items allegedly belonging to accused - Lack of credible evidence establishing presence of accused appellants at the scene of the crime. (Para 16, 17, 19)

Failure of Prosecution - Failure to prove guilt beyond reasonable doubt - Lack of independent eye-witnesses - Inconsistencies in witness statements - Non-production of recovered items - Doubts cast on authenticity of prosecution's case - Benefit of doubt accorded to accused appellants. (Para 22, 24)

 Acquittal - Accused appellant No.1 acquitted - Benefit of doubt given - Judgment and orders of lower courts set aside. (Para 25)

Facts : Partition suit - Allegations of fraudulent conduct - High Court declaring preliminary decree to be vitiated by fraud.

Application for intervention - Filed by legal heirs of a defendant - Challenging validity of sale deed and lack of consideration - Alleging impleadment of deceased party after death - Lack of specific information regarding impleadment date.

Application by Asset Reconstruction Company - Equitable mortgage created by deposit of title deeds - Seeking impleadment to protect public money belonging to banks - Previous impleadment applications dismissed - Lack of challenge to dismissal of previous applications.

Application by Cooperative Housing Society - Claiming ownership of land based on sale deed and subsequent assignments - Challenging High Court's declaration of fraud in preliminary decree - Asserting finality of previous proceedings in their favor - Seeking clarification of judgment - Petition for review already filed.

Held: Civil Procedure Code, 1908 - Appeals - Partition suit - Preliminary decree - Validity - Fraud - High Court declaring preliminary decree to be vitiated by fraud - Challenge thereto - Held, High Court erred in declaring preliminary decree to be vitiated by fraud without sufficient evidence or pleadings - Observations of fraud confined to specific land - Finding not binding on State Government - Appeals dismissed. (Para 226(i))Sale of Property - Validity - Sale deed executed by power agent after principal's death - Validity questioned - Allegation that principal was not impleaded in suit before his death - Applicability of sale deed - Held, due to lack of specific information on the date of impleadment, final determination on validity cannot be made - Applicant's contention requires further verification - Appeal dismissed. (Para 214)

Intervention - Impleadment - Equitable mortgage by deposit of title deeds - Application for intervention by Asset Reconstruction Company - Claiming public money at stake - Bar on jurisdiction of Civil Court - Held, Asset Reconstruction Company's previous impleadment applications dismissed - Cannot piggyback on appeals filed by others - Dismissed. (Para 217)

Cooperative Housing Society - Impleadment - Directions - Application by Cooperative Housing Society seeking impleadment and directions - Claiming ownership rights over land - Challenging High Court's declaration of preliminary decree as vitiated by fraud - Held, High Court's declaration of fraud confined to specific land - Application seeking clarification not permissible - Review petition already filed - Application dismissed. (Para 222)

. Punjab Police Rules, 1934 - Review of orders - Power of review conferred on superior authorities - The power of review under Rule 16.28 of the Punjab Police Rules, 1934 empowers superior authorities, such as the Inspector-General, Deputy Inspector-General, and Superintendent of Police, to call for and review the records of awards made by their subordinates, and confirm, enhance, modify, or annul the same - The power of review is vested in a superior authority and not the same authority that passed the original order - The power of review cannot be exercised unless specifically conferred by the relevant statute - The absence of a provision for review in the Rules precludes the same authority from reviewing its earlier order. (Para 18)

2. Liberty granted by the court - Limitations on liberty - A liberty granted by a court to move before an authority does not grant carte blanche liberty to approach the same authority again - The liberty to approach the authority must be understood in the context of the law and the absence of any provision allowing such action - In the absence of any provision permitting the course of action suggested, approaching the same authority again is not legally justified. (Para 26)

3. Compulsory retirement based on adverse remarks - Discretion of authorities - In cases involving personnel in uniformed services, adverse remarks regarding integrity and conduct are to be adjudged by superior authorities - The decision to compulsorily retire personnel based on adverse remarks falls within the discretion of the authorities as per statutory provisions - The court will not interdict such actions unless they are found to be arbitrary or shocking the conscience of the court. (Para 28)

4. Update and amendment of rules - Need for clarity - Rules should be updated and amended to reflect current positions, titles, and hierarchy of authorities - In the absence of clear and updated rules, confusion and misinterpretation may arise. (Para 21)

5. High Courts' powers under Article 226 of the Constitution - Unique nature of power - High Courts have wide powers under Article 226, and their powers are different from those of a Court of Session - High Courts are Constitutional Courts with extensive constitutional powers. (Para 25)

Communication of Judgment and Directions:

Copies of the judgment to be communicated to the Chief Secretaries, Governments of Punjab and Haryana, the Principal Secretary, Department of Home Affairs and Justice, Government of Punjab, the Additional Chief Secretary, Home, Government of Haryana, and the Directors General of Police, Punjab and Haryana. (Para 31)

Criminal Procedure - Summoning of Accused - Exercise of Power under Section 319, Cr.P.C. - Discretionary Power - Evidence showing involvement of person in crime - Sibling of accused implicated in assault and abuse - Appellant not named in FIR - Special Court forming requisite satisfaction - Order affirmed by High Court - Challenge to summoning order - Held, evidence of complainant and his wife justifies Special Court's order - Power under Section 319, Cr.P.C. can be exercised if evidence shows involvement of person in crime and they should be tried with accused - Merit of arguments regarding delay in lodging FIR, contradictions in testimonies, and non-naming of appellant in FIR left open for trial court to consider - Appeal dismissed. [Para 9, 10, 11, 12, 13]

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Summoning of Accused - Special Court taking cognizance of offense under 1989 Act - Summoning appellant along with accused - Appellant not named in FIR but implicated as assailant - Sibling of accused - Held, once appellant is a sibling of accused and named as assailant, material for forming requisite satisfaction exists - Order of Special Court upheld - Merit of arguments left open for trial court to consider - Appeal dismissed. [Para 10, 11]

Anticipatory Bail - Cancellation - Non-cooperation with investigation - Respondent High Court canceled the anticipatory bail granted to the petitioner on grounds of non-cooperation with the investigation and failure to respond to the Investigating Officer's calls - Supreme Court declined to interfere with the impugned orders passed by the High Court, upholding the cancellation of anticipatory bail. (Para 2-5)

Surrender and Bail - Direction to surrender - The petitioner was directed to surrender to the concerned police station within two days - The petitioner was allowed to make an appropriate application for bail, which would be decided by the concerned court expeditiously, without being influenced by the observations made in the present order. (Para 6)

Protection to Victim - Apprehension of threat to life - The victim expressed apprehension about her safety and requested to return to her place of residence - The Court directed the SHO at Tilak Marg Police Station, New Delhi, to provide protection to the victim and make arrangements for her safe travel to her place of residence. (Para 7-8)

Coordination with State Authorities - Advocate representing the State of Madhya Pradesh assured the Court of coordination with the concerned SHO at Tilak Marg Police Station, New Delhi, and handing over a copy of the order to the officer. (Para 8)

Dismissal of Special Leave Petitions - The special leave petitions were dismissed by the Supreme Court - Any pending application(s) were disposed of accordingly. (Para 9)

Karnataka Education Department Services (Department of Public Instructions) (Recruitment) Rules, 1967 - Rule 66 - Additional List (Wait List) - Appellant's appeal against the High Court's direction to appoint the respondent based on her inclusion in the Additional List - Held, Additional List does not create a right to appointment - The Rule does not mandate the State to make appointments from the Additional List - Duty to fill up vacancies from the Additional List can arise only based on a mandatory rule - State has discretion in filling vacancies from the Additional List, subject to judicial review - High Court erred in assuming a right to appointment based on Entry 66 of the Schedule to the Rules - State's action cannot be arbitrary but is subject to judicial review. [Para 9, 10, 11]

Proceedings dated 11.04.2003 - Clarification on the life of the Additional List - Additional List remains valid for six months from its announcement - Mere inclusion in the Additional List does not confer a right to appointment - Additional List ceases to operate from the date of publication of notification for subsequent recruitment of Primary School Teachers. [Para 7]

High Court's finding on the State's failure to inform the respondent about the vacancy and delays in filling up the vacancy - Irrelevant to the operation of the Rule - Operation of the Additional List depends on the time specified in the Rule, not individual candidates' knowledge. [Para 12]

State's appeal allowed - High Court's directions set aside - No order as to costs. [Para 13]

Constitutional Law - Service Law - Pension and retirement benefits for judicial officers - Recommendations of the Commission for revision of pension and other related benefits - Acceptance of recommendations by the Court - Direction to implement necessary amendments in Service Rules and clear arrears of pay - Compliance affidavits to be filed - Payment of revised rates of pension and other benefits - Further consideration of recommendations on allowances. [Para 112-115]

Constitutional Law - Service Law - Pension for retirees - No change in percentage of pension for retirees on or after 01.01.2016 - Recommendation accepted - Revised pension for retired judicial officers to be 50% of the last drawn pay - Acceptance of recommendation - Multiplier and fitment of pensioners in pay matrix - Application of multiplier of 2.81 to pensioners - Pensioners to be fitted into the pay matrix - Acceptance of recommendation - Consequential re-fixation of judicial officers who retired prior to 01.01.1996 - Benefit to be extended to pre-1996 retirees if not already granted - Accepted recommendation - Consideration of years of practice at the Bar while calculating pension - Maximum weightage of 10 years to be given - Recommendation accepted. [Para 86-93]

Constitutional Law - Service Law - Family Pension - No change in existing percentage of family pension - Payment of family pension to eligible family members after the death of the spouse - Quantum of family pension to be increased in the same manner as pension - Acceptance of recommendations. [Para 94-97]

Constitutional Law - Service Law - Additional quantum of pension/family pension - Payment of additional quantum of pension from the age of 75 years onwards - Acceptance of recommendation - Continuation of prevailing benefits up to the age of 75 years - Acceptance of recommendation. [Para 98-102]

Constitutional Law - Service Law - Gratuity - Calculation of gratuity on par with Central Civil Services (Pension) Rules, 1972 - Maximum limit of Rs. 20 lakhs, increased by 25% whenever DA rises by 50% - Acceptance of recommendations. [Para 103-106]

Constitutional Law - Service Law - Retirement age of judicial officers - No change recommended. [Para 107]

Constitutional Law - Service Law - Financial assistance in case of death - Payment of family pension and death cum retirement gratuity to spouse/dependent of deceased officer - Acceptance of recommendation. [Para 108]

Constitutional Law - Service Law - Assistance to pensioners/family pensioners - Consideration of recommendations at a later stage. [Para 109]

Constitutional Law - Service Law - Abolition of New Pension Scheme - Separate consideration after hearing states. [Para 110]

Constitutional Law - Service Law - Implementation of recommendations - Amendments to Service Rules - Compliance affidavits to be filed - Clearance of arrears of pay and pension - Payment of revised rates of pension and other benefits - Further consideration of recommendations on allowances. [Para 112-115]