Constitutional Law – Parliamentary Privilege and Bribery - Scope of Articles 105(2) and 194(2) of the Constitution - Whether legislators can claim immunity from prosecution on charges of bribery related to their speech or vote in the legislature - Majority in PV Narasimha Rao overruled; bribery not immune under parliamentary privilege - Bribery considered independent of legislator's function to vote or speak - Offense of bribery complete upon acceptance or agreement to accept illegal gratification, not contingent on performance of promised action [Paras 188.1-188.12].

Elections to Rajya Sabha - Voting by legislators in Rajya Sabha elections falls within the ambit of Article 194(2) - Voting considered part of legislative function, warranting protection to ensure free and fearless exercise of franchise [Paras 168, 184-187].

Constitutional Law – Parliamentary Privilege – Bribery and Corruption – The Supreme Court deliberated on whether the parliamentary privilege under Articles 105 and 194 of the Constitution extends to immunity from prosecution for bribery in connection with a legislator's vote or speech. The Court evaluated the scope of these constitutional provisions and their application to allegations of bribery among members of Parliament and state legislatures. [Paras 92-98, 103-107, 113, 188.1-188.12]

Interpretation of Parliamentary Privilege – Held – Parliamentary privilege under Articles 105 and 194 does not grant immunity from criminal prosecution for bribery related to legislative activities. The Court clarified that while the privilege protects freedom of speech and voting in the legislature, it does not extend to criminal acts like bribery that are independent of legislative functions. [Paras 100-102, 188.4-188.7, 188.9-188.12]

Doctrine of Stare Decisis – Reconsideration of Precedents –  Court, while acknowledging the doctrine of stare decisis, decided to overrule the majority judgment in PV Narasimha Rao v. State (CBI/SPE) in light of the significant implications of the decision on public interest, probity in public life, and the foundations of parliamentary democracy. [Para 188.1]

Bribery as a Criminal Offence – The Court emphasized that the act of bribery is complete upon the acceptance or agreement to accept undue advantage, irrespective of the performance of the promised action. This finding led to the conclusion that bribery, being an independent criminal act, does not fall under the protection of parliamentary privilege. [Paras 111-117, 123-125]

Rajya Sabha Elections – Article 194(2) – The Court concluded that voting in Rajya Sabha elections by members of state legislatures falls within the ambit of Article 194(2), affirming the need for free and fearless exercise of franchise in these elections as integral to the functioning of the state legislatures and the federal structure of Indian democracy. [Paras 168-187]

Decision – Overruling PV Narasimha Rao Majority Judgment – Court, overruled the majority judgment in PV Narasimha Rao, thereby holding that parliamentary privilege does not provide immunity from criminal prosecution for bribery in legislative functions. The Court directed that the interpretation of Articles 105 and 194 should align with the foundational principles of democracy and the rule of law. [Paras 188, 189]

Arbitration – Enforcement of Foreign Arbitral Awards – Conflict of Interest and Bias – challenge against enforcement of a foreign arbitral award on grounds of arbitrator's alleged bias and conflict of interest under Section 48 of the Indian Arbitration Act. The appellants contended that the presiding arbitrator had failed to disclose conflicts of interest, impacting his impartiality and independence, thus violating the public policy of India. [Para 6, 26-28]

Application of IBA Guidelines on Conflict of Interest – Evaluated – The court examined the application of the International Bar Association (IBA) Guidelines on Conflict of Interest in International Arbitration to determine whether there was a duty of disclosure by the arbitrator and if the alleged non-disclosure led to a conflict of interest. The court found that the arbitrator complied with the disclosure obligations, and no bias or improper conduct could be attributed to the arbitral award. [Para 30-37]

Enforcement of Foreign Arbitral Awards – Upheld – Court underscored the need for minimal judicial intervention in foreign arbitral awards, highlighting the distinction between the standards of public policy applicable in domestic and international arbitration. The court held that refusal to enforce a foreign arbitral award on grounds of bias should be an exceptional circumstance, applying international standards over domestic ones. The award was found enforceable as the appellants failed to meet the high threshold for refusal under Section 48 of the Indian Arbitration Act. [Para 21, 27, 42-44]

Challenge at Enforcement Stage – Discouraged – The court discouraged the practice of raising challenges like arbitrator bias at the enforcement stage, stating such strategies prolong legal battles and delay the enforcement process. It emphasized the importance of timely and strategic resolution in arbitration cases, advocating for adherence to international standards in determining bias. [Para 29, 42]

Decision – Appeals Dismissed – The court dismissed the appeals, finding them devoid of merit and underscored the need for swift enforcement of the foreign arbitral award without further indulgence to the award debtors. [Para 44]

Criminal Procedure – Complaint under Section 200 of CrPC – Dismissal of Complaint – The Supreme Court analyzed the validity of the dismissal of a complaint filed under Section 200 of the Code of Criminal Procedure, 1973 (CrPC) in a dispute involving land and allegations of trespass and threats by officers of the Special Armed Forces (SAF). [Para 1-4, 11-12]

Criminal Procedure – Sanction for Prosecution under Section 197 CrPC – Considered – The necessity of sanction for prosecution under Section 197 CrPC for alleged offenses committed by SAF officers was a focal point. The Court scrutinized whether the acts were performed as part of official duties, thereby requiring sanction for prosecution. [Para 4, 6, 10-11]

Criminal Procedure – Abuse of Process of Law – Held – Court found that the continuation of prosecution based on the complaint constituted an abuse of the process of law, especially considering the overlap with a previously dismissed Contempt Petition and lack of disclosure of relevant facts in the complaint. [Para 9-11]

Decision – Quashing of Complaint and Orders – The Supreme Court quashed the impugned orders of the High Court and the Magistrate and dismissed the complaint filed by the first respondent, citing abuse of the process of law and lack of necessity for sanction under Section 197 CrPC. [Para 12-13]

Suspension and Cancellation under PC&PNDT Act - Interpretation of Sections 20(1), (2), and (3) - The appeal focuses on the powers for cancellation, suspension, or suspension in public interest under the PC&PNDT Act - Concerns the case of suspension of registration of "Dev Hospital," Ahmedabad, without notice or hearing, deemed contrary to the provisions of the Act [Paras 2, 3, 5, 10-12, 17-18]

Administrative Action – Principles of Natural Justice – Emphasized the need for following principles of natural justice, such as issuing a show cause notice and providing an opportunity of hearing, before suspending or cancelling medical registration under the PC&PNDT Act. [Para 5, 13, 17]

Interpretation of Section 20(3) of PC&PNDT Act – Clarified – Held that the power under Section 20(3) for suspension in public interest is distinct and can be exercised independently of Sections 20(1) & (2). However, this power should be exercised sparingly and for interim periods, not indefinitely, and requires explicit reasoning demonstrating the necessity or expediency in public interest. [Para 11, 16, 17]

Decision – Upholding High Court's Judgment – The Supreme Court affirmed the judgment of the High Court of Gujarat, which had set aside the suspension orders of the hospital's registration by the appropriate authority under the PC&PNDT Act, finding procedural impropriety and lack of adherence to principles of natural justice. [Para 13, 18]

Directive – No Additional Orders Required – Since the hospital in question is operational and the challenged suspension orders were implemented, no further orders were deemed necessary for reviving the registration. [Para 18]

Consumer Law - Contract Law – Terms and Conditions – Loan Agreement Interpretation – adjudicated on the validity of the interest rate revisions by Housing Development Finance Corporation Limited (HDFC) under a loan agreement. The primary dispute involved the interpretation of terms related to the Adjustable Rate of Interest in the agreement. The appellant, Rajesh Monga, contended that the interest rate should only be revised based on changes in the Prime Lending Rate by the RBI, as allegedly assured by HDFC representatives. [Para 1-4, 6, 11-12]

Pre-Contractual Representations – Reliance on Email Communication – The appellant relied on an email dated 05.10.2005, claiming it was assurance from HDFC about interest rates being pegged to the RBI's Prime Lending Rate. The court examined whether pre-contractual communications could override the explicit terms of the agreement. [Para 6-7, 9, 13]

Interpretation of Agreements – Binding Nature – the terms agreed upon in the loan agreement are binding on the parties. It was noted that prior email exchanges cannot supersede the policy decisions of the lending institution (HDFC) encapsulated in the signed agreement. The Court highlighted that an agreement's terms take precedence over pre-contractual communications. [Para 10, 13-14]

Unfair Trade Practices – Allegation and Evidence – The appellant's claim of being misled into signing the agreement, alleging it to be an unfair trade practice by HDFC, was not substantiated with evidence. The Court required demonstrable proof that the appellant had a better alternative or was indeed lured by HDFC into a disadvantageous agreement. [Para 15]

Decision – Dismissal of Appeal – upholding the NCDRC's order. It concluded that the increase in interest rates by HDFC was consistent with the terms of the loan agreement and that the pre-contractual email did not alter the agreement's terms. The Court found no evidence of unfair trade practices by HDFC. [Para 16-17]

Quashing of Tender Process – Civil Appeal – Tender irregularities and illegalities – Supreme Court sets aside High Court order allowing execution of project despite confirmed irregularities in tender process – Held that the action of HIMUDA (R-1) and M/s Vasu Constructions (R-2) in proceeding with the initial tender was mala fide and a misuse of legal processes, amounting to judicial oversight. Orders fresh tender process to be initiated in accordance with law. [Paras 1-14]

Due Process in Tendering – Analysis – Supreme Court criticizes HIMUDA for collusion and not acting in public interest – Emphasizes on fair and transparent tendering process in line with legal and procedural norms – Highlights the need for proper evaluation and qualification in tender processes. [Para 12]

Judicial Oversight – High Court’s Disposal of Writ Petition – Supreme Court finds fault with High Court’s acceptance of statements from respondent’s counsels without proper scrutiny – Terms the High Court’s decision as lacking proper application of mind and ignoring committee’s findings on irregularities and illegalities in the tender process. [Para 13]

Decision – Setting aside of High Court Order – Orders fresh tender process – Directs HIMUDA to deposit costs for misuse of judicial process – Supreme Court mandates HIMUDA to initiate a new, lawful, and transparent tender process, setting aside the High Court's order, and imposes a cost of Rs. 5,00,000 on HIMUDA for mala fide actions. [Para 14]

Consumer Law – Consumer Complaint – Development Agreement – The Supreme Court considered appeals involving a development agreement dispute between the complainants and a developer, where the original developer died, and the obligations were in question. The National Consumer Disputes Redressal Commission's (NCDRC) orders were challenged, which held the legal heirs of the deceased developer responsible for completing obligations under the development agreement. [Para 1-2, 7-8, 11-12]

Obligations Under Development Agreement – Scope of Liability – The Court examined the extent to which obligations under a development agreement can be enforced against the legal heirs of a deceased sole proprietor. It delved into the nature of proprietary concerns and the distinction between proprietary and personal rights, emphasizing the inheritable and uninheritable nature of such rights. [Para 13-17, 22-24, 27-28]

Liability of Legal Heirs – Determination – The Court held that while the legal heirs are liable for monetary obligations from the estate of the deceased, they are not liable for obligations that are personal in nature and depend on the skills or expertise of the deceased. The obligations specific to the development agreement that required personal performance by the original developer were deemed unenforceable against the legal heirs. [Para 21, 26-28, 31]

Decision – Partial Discharge of Obligations – The Supreme Court set aside the part of the NCDRC's orders that imposed personal obligations under the development agreement on the legal heirs of the deceased developer. However, it upheld the orders regarding monetary payments to be made by the legal heirs from the estate of the deceased. [Para 31-32]

Agreement for Sale and Suit for Specific Performance – Appeal against High Court's judgment dismissing specific performance for a property sale agreement – Original agreement dated 16th January 1980 for a plot in Chandigarh – Dispute over price reduction and possession transfer – Plaintiffs, including Major Gen. Darshan Singh, alleged property possession and price reduction after the original agreement – Trial Court denied specific performance but granted damages of Rs.40,000/- [Paras 2-5].

Conduct of Plaintiffs and Suit Agreement – First plaintiff's inconsistent statements regarding possession and price of property – Suit property recognized as HUF property, contrary to plaintiff's claim in the plaint – Trial Court, Appellate Court, and High Court found plaintiffs' conduct disqualifying them from equitable relief of specific performance [Paras 10-14].

Discretionary Nature of Specific Performance – Specific performance as an equitable relief, dependent on plaintiff's conduct – Supreme Court affirmed lower courts' denial of specific performance due to plaintiffs' misleading claims and pursuit of full property rights despite knowing its HUF status [Paras 9, 14].

Modification of Trial Court's Decree – Supreme Court modifies decree to award interest at 6% per annum on Rs.40,000/- damages from the date of the Trial Court's decree until payment or realization [Para 15].

Partial Allowance of Appeal – Appeal partly allowed, modifying the Trial Court's decree concerning interest on damages – No order as to costs [Para 16].

Criminal Law – Abetment of Suicide – Section 306 of the Indian Penal Code, 1860 – The Supreme Court considered the conviction of the appellant for abetment of suicide under Section 306 IPC. The court thoroughly examined the evidence, including testimonies and forensic reports, to determine whether the elements of the offense were satisfied. [Para 3-44]

Evidence – Contradictions and Reliability – The Court noted substantial inconsistencies and contradictions in the testimonies of key prosecution witnesses. It highlighted the discrepancies in the statements of family members of the deceased and the absence of critical evidence, such as the recovery of the poison or the container used for consumption. [Para 23-30, 44-45]

Abetment to Suicide – Legal Interpretation – The Court elaborated on the legal understanding of 'abetment' under IPC, especially focusing on the need for active instigation or aiding in committing suicide. It analyzed relevant case law to delineate the contours of 'instigation' and 'intention' in the context of abetment to suicide. [Para 31-39]

Forensic Evidence – Role in Suicide Cases – The judgment underscored the significance of forensic evidence in cases of death by poisoning. It emphasized the criticality of recovering traces of poison and establishing a clear link between the consumption of poison and the alleged act of abetment. [Para 41-46]

Decision - Evidence not sufficient to establish the charge of abetment to suicide - Conviction of the appellant under Section 306 IPC set aside - Bail bonds discharged [Paras 48-52].