Facts:

The case pertains to a dowry death where the wife died under suspicious circumstances within seven years of marriage. The husband, father-in-law, and mother-in-law were accused of causing her death due to cruelty and harassment related to dowry demands. The trial court acquitted the appellants, but the High Court reversed the acquittal and convicted them.

Issues:

• Whether the ingredients of Section 304B of the Penal Code are satisfied in this case.
• Whether there is sufficient evidence to prove that the deceased died of poisoning.
• Whether the High Court was justified in reversing the acquittal by the trial court.

Held:

The Court analyzed the essential elements of Section 304B of the Penal Code and found that the prosecution failed to establish the demand for dowry before or at the time of marriage.

The Court examined the evidence relating to poisoning and found that there was no credible evidence that the deceased died of poisoning. The police did not recover any poison from the appellants' house, and the Forensic Science Laboratory report ruled out the presence of any poison.

The Court observed that the High Court erred in reversing the acquittal without sufficient justification. The trial court's findings, which did not find the evidence reliable, could not be termed as perverse.

Decision: The Court allowed the appeals, set aside the impugned judgment of the High Court, and restored the judgment of the Sessions Judge, thereby acquitting the appellants of the charges.

Criminal Law - Fundamental Rights – Article 21 – Protection against Custodial Violence – CCTV Cameras in Police Stations – Court-Mandated Oversight – In order to ensure protection of fundamental rights and transparency during arrests and interrogations, the Supreme Court directed all States and Union Territories to install functional CCTV cameras with audio-video recording in all police stations and investigation agency offices – Oversight Committees at State and District levels (SLOC and DLOC) to supervise implementation – Malfunctioning to be reported by SHOs and remedied promptly – Footage to be preserved for at least 18 months [Paras 1-17].

Criminal Procedure – Section 161(3) CrPC – Audio-Video Recording of Statements – Compliance Sought – The Court emphasized the importance of audio-video recording of witness statements under Section 161(3) CrPC – Directed Ministry of Home Affairs and all States/UTs to file affidavits showing compliance with infrastructure and oversight mechanisms [Paras 5-6].

Institutional Accountability – Role of Oversight Committees – Constitution of SLOC and DLOC – Duties Assigned – Committees to oversee budgeting, installation, inspection, data security, redressal mechanisms, and monitoring of CCTV functionality – SHO made directly accountable for maintenance and reporting of faults [Paras 10-14].

Human Rights Protection – Access to CCTV Footage – Right to Redressal – Victims of custodial violence can approach Human Rights Commissions and Human Rights Courts – Such bodies empowered to summon and preserve CCTV footage – Directions issued for proper signage in police stations about availability of CCTV footage and right to complain [Paras 18, 20].

Enforcement Agencies – Mandatory CCTV Installation – CBI, NIA, ED, NCB, DRI, SFIO – Supreme Court directed the installation of CCTVs in all offices of enforcement agencies with power to arrest/interrogate – COB to act as oversight for these agencies nationwide [Para 19].

Decision – Directions Issued – Fundamental Rights Enforcement – All States and Union Territories directed to file action plans with exact timelines and compliance affidavits within six weeks – Directions to be implemented in letter and spirit in furtherance of Article 21 – Case listed for further review [Paras 21, 24].

Facts:

The plaintiff/respondent filed a suit seeking a declaration and permanent injunction to restrain the appellants from copying, using, or enabling others to use the plaintiff's registered design of container and lid. In response, the defendant/appellant filed a written statement along with a counter-claim before the Commercial Court, seeking the cancellation of the registered designs, arguing that they could not be registered under Section 4(a) of the Design Act, 2000. Additionally, the appellant filed an application under Section 22(4) read with Section 19(2) of the Design Act, 2000, to transfer the suit to the Madhya Pradesh High Court, Indore Bench. The District Judge allowed the application and transferred the suit to the Calcutta High Court.

Issues:

• Whether the High Court has parallel jurisdiction to entertain applications for cancellation of registration of designs under Section 19 of the Design Act, 2000.
• Whether the suit should be transferred to the High Court where the cause of action arises.

Held:

The judgment in Godrej Sara Lee Ltd. v. Reckitt Benckiser Australia Pty. Ltd. (2010) 2 SCC 535 clarified that applications for cancellation of registration under Section 19 must be filed before the Controller of Patent & Designs, and the High Court's jurisdiction is limited to appeals against the Controller's order. The High Court does not have jurisdiction to entertain suits for infringement that involve a plea for revocation of registration under Section 22(4) of the 2000 Act.

The suit should be transferred to the High Court where the cause of action arises, and since no part of the cause of action arose within the jurisdiction of Kolkata, the suit is liable to be transferred to the Madhya Pradesh High Court, Indore Bench.

Decision: The matter is remitted to the High Court of Madhya Pradesh, Indore Bench, to decide the suit in accordance with the law.

FACTS:

 The Jharkhand Industrial Policy, 2012, provided an exemption from payment of 50% of the electricity duty for five years. The State government failed to issue the necessary notification within the stipulated one-month period. The issued notification was made effective from 08.01.2015 instead of the date of the industrial policy's issuance.

ISSUES:

• Whether the State government's notification, issued prospectively from 08.01.2015, violated the legitimate expectation created by the Industrial Policy 2012.
• Whether the respondent (Brahmaputra Metallics Ltd.) was entitled to a rebate/deduction from electricity duty for the financial years 2011-12, 2012-13, and 2013-14, considering the commencement of production on 17.08.2011.

HELD:

The State government's action of making the exemption prospective was arbitrary and violated the legitimate expectation created by the Industrial Policy 2012. The respondent was entitled to a rebate/deduction from electricity duty for the financial years 2012-13 and 2013-14, but not for 2011-12, as per the policy terms.

The Court held that the State government made a solemn representation in the Industrial Policy 2012 to encourage industrialization and provided specific incentives, including the exemption from electricity duty. The failure to issue the notification within the stipulated time and making it prospective violated the legitimate expectation created by the policy. (Paragraph 43,)

The Court emphasized that the State must act fairly, transparently, and provide justifications for any deprivation of entitlements. The lack of reasons or public interest justifications for the delay in notification made the State's action arbitrary and violative of Article 14. (Paragraph 44)

The Court confirmed the respondent's entitlement to the rebate/deduction for the financial years 2012-13 and 2013-14, as the industrial production began on 17 August 2011. However, the respondent was not entitled to the rebate/deduction for the financial year 2011-12, as per the policy's terms. (paragraph 46)

Facts:The case involves the creation of a new post of Tax Assistant in the Rajasthan Commercial Taxes Subordinate Services. The proposal was to fill 80% of the posts through direct recruitment and 20% from amongst direct promotees. Separate advertisements were issued for the recruitment of direct recruits and the filling up of the 20% quota for direct promotees. The seniority list published on 04.06.2013 showed those appointed as direct promotees in the 20% quota as senior to the direct recruits. The direct recruits challenged this seniority list.

Issues:

Whether the seniority of the direct promotees, appointed through the 20% quota, being shown senior to the direct recruits, appointed through the direct recruitment process, was justified?

Interpretation of Rule 27 [1] and its provisos in the Rajasthan Commercial Taxes Subordinate Services (General Branch) Rules, 1975.

Held:

The court interpreted Rule 27 of Rajasthan Commercial Taxes Subordinate Services (General Branch) Rules, 1975. It clarified that seniority is determined based on the date of appointment and that candidates selected earlier hold seniority over those selected later. [Para 29]

The court explained that Rule 27 mandates seniority based on the date of appointment. It applies to both direct recruits and promotes. [Para 30]

The court justified the seniority of direct promotes based on their appointment dates due to administrative delays. The impugned judgment was upheld. [Para 32]

Decision:The appeals filed by the direct recruits are dismissed.

FACTS:

The case involved a disciplinary proceeding against the respondent, Rajendra Kumar Dubey, who was a Sub-Inspector in the Railway Police. The charges against him were of gross neglect of duty, leading to theft of railway property, resulting in pecuniary loss to the Railways.

ISSUES:

Whether the High Court exceeded its jurisdiction under Articles 226 and 227 of the Constitution by acting as a court of appeal and re-appreciating the evidence in the disciplinary proceedings.

Whether the High Court's decision to set aside the order of compulsory retirement and direct reinstatement with 50% backwages was justified.

HELD:

The High Court, while exercising its power under Articles 226 and 227 of the Constitution of India, is not a court of appeal over the decision of the disciplinary authorities. Its role is not to review the evidence independently or arrive at its own findings based on the evidence. Instead, the High Court may interfere only in specific circumstances, such as when the principles of natural justice are violated, findings are based on no evidence, statutory rules are breached, or the conclusion is arbitrary and capricious.( Para 12.1)

In the present case, there were no allegations of malafides against the disciplinary authority or lack of competence in passing the order of compulsory retirement. Additionally, there was no violation of the principles of natural justice, and the findings were based on materials on record. (Para 12.2)

The High Court was not justified in reevaluating the entire evidence as a court of first appeal and substituting the order of punishment with a lesser one without sufficient reason. ( Para 12.5)

Section 11 of the Railway Protection Force Act, 1957 imposes a duty on every superior officer and member of the force to protect and safeguard railway property and passengers. In this case, the respondent's charges of neglect of duty resulted in pecuniary loss to the Railways, and he held a position of trust and confidence as a Sub-Inspector. Thus, the High Court's decision to set aside the order of compulsory retirement and direct reinstatement with backwages to the extent of 50% was not justified. (Para 12.6)

Cases Referred

B.C.Chaturvedi vs. Union of India, (1995) 6 SCC 749

Chennai Metropolitan Water Supply and Sewerage Boards T.T. Murali Babu, (2014) 4 SCC 108

Coal India Ltd. vs. Mukul Kumar Choudhuri, (2009) 15 SCC 620

Coimbatore District Central Co-op Bank vs. Employees Association, (2007) 4 SCC 669

Director General RPF vs. Ch. Sai Babu, (2003) 4 SCC 331

Om Kumar vs. Union of India (2001) 2 SCC 386

State of Andhra Pradesh vs. Chitra Venkata Rao, (1975) 2 SCC 557

State of Andhra Pradesh vs. S. Sree Rama Rao, AIR 1963 SC 1723

Union of India vs. G.Ganayutham, (1997) 7 SCC 463

Union of India vs. Manab Kumar Guha, (2011) 11 SCC 535

Union of India vs. P. Gunasekaran, (2015) 2 SCC 610

Facts:

The case involved the issue of the Union Government's continuation of occupation of certain lands even after the lapse of the Requisitioning and Acquisition of Immovable Properties Act, 1952. The Union Government refused to hand back possession of the lands even after the High Court held that the Union's claim had no merit.

Issues:

The legal effect of requisitioning immovable property under the Requisitioning Act.

The status of the right to property as a constitutional right and its protection under the Constitution of India.

The State's obligation to comply with the law and the Constitution.

The Union Government's refusal to release possession of the lands in question.

Held :

Requisitioning of immovable property results in temporary deprivation of possessory rights while leaving the title undisturbed. Expropriation or complete deprivation of title requires a separate process for acquisition. (Para 18)

Although not a fundamental right, the right to property is a valuable constitutional right ensuring guaranteed freedoms and economic liberty. Article 300-A establishes the supremacy of the rule of law. (Para 21)

The Union's occupation of the lands became unlawful upon the Act's lapse in 1987. Despite this, the Union refused to hand back possession, claiming rights over the lands. (Para 24)

The State cannot ignore or comply with the law or Constitution at its convenience. Courts must protect people's liberties and cannot condone lawlessness. (Para 26)

The Union is directed to return possession of the suit lands to appellants within three months. The appellants are allowed to seek compensation through arbitration based on fresh valuation. (Para 27)

Facts:

The Gujarat Maritime Board awarded a ship breaking contract to Asiatic Steel Industries Ltd (respondent No. 1). The company deposited earnest money on 08.11.1994 and paid the upset premium on 22.03.1995. Subsequently, respondent No. 1 sought a refund of the contract amount with 10% interest per annum from the date of remittance. The Board agreed to the refund but without interest. The company then filed a writ petition seeking a refund with interest at the rate of 12% per annum.

Issues:

Whether respondent No. 1 is entitled to a refund with interest from the date of remittance?

Whether the conduct of the Gujarat Maritime Board was discriminatory and arbitrary in handling the refund requests?

What is the correct period for which interest should be paid on the refund amount?

Held :

The Court observed that the Board's decision to refund the amount with interest to other entities when they approached the court shows that the Board had the means to decide on the refund but chose not to respond to respondent No. 1's requests.(Para 31)

The Court criticized the Board's callous and indifferent attitude, which led to respondent No. 1 having to approach the court to seek a refund.(Para 35)

The Court held that the Board's conduct was discriminatory and that it acted unfairly by forcing the company to approach the court instead of taking a reasonable decision to refund the amount.( Para 37)

The Court found the Board's behavior unacceptable, as it showed deliberate inaction to force the company to approach the court, rather than making a decision on the refund.(Para 40)

The High Court's judgment directing interest for the entire period (from 08.11.1994 to 19.05.1998) was modified by the Supreme Court, and interest was directed to be paid only from 22.03.1995 to 19.05.1998, as the principal consideration was deposited on 24.03.1995.(Para 41)

FACTS:

The appellant filed an Election Petition challenging the election of the respondent as the Member of Parliament from the Varanasi constituency. The High Court dismissed the petition. The appellant, who was not an elector registered in the Varanasi constituency but enrolled in Bhiwani, Mahendragarh Parliamentary Constituency, Haryana, claimed to be a duly nominated candidate. However, he was an ex-employee of the Border Security Force (BSF) and had been dismissed from service. His nomination papers were not accompanied by the required certificate stating that he had not been dismissed for corruption or disloyalty to the State.

ISSUES:

Whether the appellant can claim to have been a duly nominated candidate at the Varanasi election.

Whether the Election Petition can be maintained by a person who is not an elector or candidate in the election.

Whether the Election Petition is barred under Section 81 read with Section 86(1) of the Representation of the People Act, 1951.

HELD AND DECISION:

Section 81 of the Representation of the People Act, 1951 allows an Election Petition to be presented by any elector or candidate in the election. The appellant, not being an elector in the Varanasi constituency, had to prove himself as a duly nominated candidate to have locus standi in the case. However, he failed to meet the requirements of being a duly nominated candidate as defined in Section 79(b) of the Act. (Para 7, 16, 17, 19, and 20)

The appellant's nomination papers lacked the necessary certificate stating he was not dismissed for corruption or disloyalty to the State. Consequently, he could not claim to be duly nominated. As a result, he had no cause of action to maintain the Election Petition. (Para 22, 25, and 26)

Section 83 of the Act permits only an elector or candidate to maintain an Election Petition, implicitly barring any other person from doing so. Therefore, the appellant, not being an elector or candidate, could not file the Election Petition. (Para 23)

The Election Petition is also barred under Section 81 read with Section 86(1) of the Act, which further supports the dismissal of the appeal. (Para 24)

REFERRED CASES :

Bolin Chetia vs. Jogadish Bhuyan & Ors., (2005) 6 SCC 81

Charan Lal Sahu & Anr. v. K.R. Narayanan & Anr. (1998) 1 SCC 56

Charan Lal Sahu vs. Dr. A.P.J. Abdul Kalam & Ors., (2003) 1 SCC 609

Charan Lal Sahu vs. Giani Zail Singh & Anr, (1984) 1 SCC 390

Charan Lal Sahu vs. Neelam Sanjeeva Reddy, (1978) 2 SCC 500

Kuldeep Singh Pathania vs. Bikram Singh Jaryal, (2017) 5 SCC 345

Mithilesh Kumar Sinha v. Returning Officer for Presidential Election & Ors. (1993) Supp 4 SCC 386

T. Arivandandam v. TV. Satyapal (1977) 4 SCC 467