Facts:The appeal was filed against the final judgment and order passed by the High Court of Delhi in Criminal Revision Petition No. 115 of 1999. The matter was sub judice and pending before the Chief Metropolitan Magistrate, Delhi, in a case titled CBI vs. Nemi Chand Jain and others, relating to alleged offenses under the Indian Penal Code (IPC) and FCRA.

Issues:

The appeal pertained to the applicability of the Foreign Contribution (Regulation) Act 1976 (FCRA) to the case.

Held:

The Supreme Court declined to examine the issue of FCRA applicability at the initial stage of the proceedings. It emphasized that the issue could be properly decided only after the prosecution presented evidence and material against the appellant. Therefore, the Court directed the concerned Magistrate to proceed with the trial and dispose of the case within one year from the date of the order.

The Court refrained from recording any finding on the submissions made by the respondent's counsel in their written submissions. The appeal was disposed of with these observations.

Facts:

The case involved a comprehensive examination of the legal provisions concerning the protection of the identity of victims of sexual offenses, particularly women and children, under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

Issues:

The interpretation and application of relevant sections of the IPC and the POCSO Act regarding the disclosure of victims' identities, the responsibilities of law enforcement agencies and the media, and the establishment of safeguards to prevent public disclosure of victims' identities.

Held:

The court elucidated the provisions of Section 228A of the IPC, emphasizing that any person making known the identity of a victim of specified sexual offenses commits a criminal offense, punishable by law. It further clarified that even the publication of related court proceedings without the court's permission constitutes an offense, with exceptions for printing or publishing court judgments.

The court interpreted the phrase "matter which may make known the identity of the person" under Section 228A IPC, emphasizing that it encompasses not only the victim's name but also any information that could lead to the victim's identification. This interpretation aims to protect victims from societal discrimination and harassment.

Exceptions under Section 228A(2) IPC were discussed, particularly for police officials recording victim identities during investigations. However, such information should not be made public or disclosed to the media. FIRs related to specified sexual offenses should not be put in the public domain.

It was clarified that Section 228A(2)(c) IPC, which deals with minors, no longer applies due to the enactment of the POCSO Act, which specifically addresses minors' protection.

The court highlighted the absence of designated social welfare institutions or organizations authorized to receive victim identity disclosures from next of kin, emphasizing the need for sensitivity and caution in handling such cases.

It was emphasized that even with next of kin authorization, disclosure of victim identity should only occur with permission from the competent authority, considering the victim's best interests.

The court outlined exceptional circumstances where victim identity disclosure may be necessary, such as in cases involving unidentified deceased victims. However, such disclosures should be minimal and sensitive to the victim's dignity.

The court discussed the restrictions on reporting court proceedings under Section 228A and Section 327(2) CrPC, emphasizing the confidentiality of in-camera proceedings to protect victims' identities.

The judgment emphasized that court judgments should avoid indicating the victim's name to prevent inadvertent disclosure.

Procedures for victims filing appeals were outlined, emphasizing the confidentiality of victim identities throughout the appellate process.

The court examined the provisions of the POCSO Act, emphasizing the stringent measures in place to protect child victims' identities.

The obligation of the media to prevent disclosure of child victim identities was emphasized, with violations constituting offenses under the POCSO Act.

The court extended protections to deceased victims, emphasizing the dignity owed to them even after death.

The court endorsed the directives of the Calcutta High Court regarding POCSO Act implementation, particularly regarding victim identity protection.

The establishment of child-friendly courts and one-stop centers for victims' support was encouraged, promoting a sensitive and supportive approach to handling cases of sexual offenses against women and children.

Decision: The court issued comprehensive directives to safeguard the identities of victims of sexual offenses, outlining stringent measures for law enforcement agencies, media, and judicial authorities to prevent public disclosure of victim identities.

Facts:

Ramlakhan Tripathi, a deceased railway employee, had a second marriage during the existence of his first marriage.

His son from the second marriage, V.R. Tripathi, applied for compassionate appointment upon his father's death, but the application was rejected by the Railway Authorities.

The respondent moved to the Central Administrative Tribunal, which ruled in his favor. The Union of India and the Railway Authorities then filed writ proceedings before the Bombay High Court, which upheld the decision of the Tribunal.

Issues:

Whether the circular of the Railway Board, which denied compassionate appointment to children born from a second marriage of a deceased employee, was consistent with constitutional principles.

Held:

The Supreme Court emphasized that compassionate appointment is aimed at alleviating the financial hardship faced by the family of a deceased employee and is not merely based on parentage or descent.

The court analyzed Section 16 of the Hindu Marriage Act, 1955, which legitimizes children born from void marriages, and held that excluding such legitimate children from compassionate appointment violated constitutional principles of equality and fairness.

The court rejected the argument that denying compassionate appointment to children from a second marriage is a legitimate policy to discourage bigamy, stating that such exclusion is arbitrary and unconstitutional.

The court also criticized the Railway Board for reissuing the circular denying compassionate appointment despite a previous court ruling against it.

The court dismissed the appeal, directing the authorities to consider the application for compassionate appointment within three months.

Facts:

Respondents were engaged on a casual basis by the Headquarters, Army Training Command (ARTRAC), Shimla.

They were terminated from service in 2003 and challenged the termination before the Central Administrative Tribunal.

The Tribunal directed their reinstatement as 'civil cooks', which was affirmed by the High Court.

Issues:

Whether employees of regimental canteens fall under the jurisdiction of the Administrative Tribunal.

Validity of the reinstatement order by the Tribunal.

Held:

The Court held that employees of regimental canteens are not government servants nor are they engaged in connection with a civil post under the Union. Therefore, the Tribunal had no jurisdiction to entertain the claim under Section 14 of the Administrative Tribunals Act, 1985.

The Court set aside the Tribunal's order and directed dismissal of the Original Applications filed before the Tribunal. However, it clarified that the continuance of the respondent-workmen would depend upon the authorities at the regimental canteens, suggesting they consider the long years of service put in by the respondents sympathetically.

Facts:

The case involved the death of Pravin while he was in police custody at Vajirabad Police Station, Nanded.

The deceased's parents and daughter filed a Criminal Writ Petition alleging that Pravin's death was unnatural.

The High Court directed the State of Maharashtra to pay compensation of Rs. 7 lakhs to the petitioners and recover it from the Investigating Officer-In-charge of the relevant crime.

The Investigating Officer-In-Charge appealed against this direction, disputing liability before it was established.

Issues:

Whether the State should be directed to pay compensation before liability for the crime is established.

Whether the Investigating Officer-In-Charge can be held liable for compensation.

Held:

The Court modified the direction of the High Court and stated that the State would be at liberty to recover the compensation amount from the concerned erring officials once the liability for the crime in question is established. This decision was made in consideration of the pending proceedings to determine liability in connection with Pravin's death. Therefore, the appeal was disposed of in terms of the modified direction.

Facts:

M/S. Sanjivani Non-Ferrous Trading Private Limited imported various varieties of Aluminum scrap between August 27, 2013, and December 29, 2014.

The respondent declared the transaction value for customs duty purposes in 843 Bills of Entry.

The Assessing Officer rejected the declared value, leading to reassessment by increasing the assessable value.

Upon challenge in the High Court of Allahabad, the Deputy Commissioner of Customs justified the rejection of the transaction value and enhanced it based on the value of the imported goods and their contents.

The respondent appealed the assessment order to the Commissioner (Appeals), and subsequently to the Customs, Excise, and Service Tax Appellate Tribunal (Tribunal), which allowed the appeals, rejecting the enhancement of assessable value by the Revenue.

Issues:

Whether the Tribunal erred in rejecting the enhancement of assessable value by the Revenue without remanding the case back to the Assessing Officer.

Whether the Assessing Officer properly examined the evidence available with the Department and undertook the necessary exercise regarding price being the sole consideration.

Held:

The Court analyzed Section 14 of the Customs Act, which mandates that the assessable value should ordinarily be based on the price actually paid for the goods. Exceptions exist where the price is not the sole consideration or if the buyers and sellers are related persons. The Court emphasized that the Assessing Officer must provide cogent reasons supported by material to reject the declared transaction value. In the absence of such evidence, the declared value stands. The Tribunal's decision to set aside the order was justified, as was done in similar cases previously. Consequently, the Supreme Court found no merit in the appeals and upheld the Tribunal's decision.

Facts:

A motion of no-confidence was moved against the appellant by the respondents.

The Tahsildar convened a special meeting of the Gram Panchayat for considering the motion on 14.09.2018.

Out of nine members, only eight were present during the meeting.

One member who voted in favor of the motion was later found disqualified due to not submitting her caste certificate after the election.

The motion was passed with six members voting in favor and two against it.

Issues:

Whether the motion of no-confidence was validly passed considering the calculation of the required majority.

Held:

The court examined the relevant provisions of the Maharashtra Village Panchayats Act, 1959, particularly Section 35(3), which required a motion of no confidence to be passed by a majority of not less than two-thirds of the total number of members entitled to sit and vote.

The court rejected the respondent's argument that the majority should be calculated based on the members present and voting, excluding the disqualified member. It emphasized that the calculation should be based on the total number of members entitled to sit and vote, irrespective of their presence at the meeting.

Referring to previous judgments, including State of U.P. v. Pawan Kumar Tiwari, the court reiterated that rounding off fractions was not applicable in this context. It held that the two-thirds majority required for passing the motion had not been achieved, as the fraction of votes could not be rounded off and one vote could not be expressed as a fraction.

Consequently, the court allowed the appeal, setting aside the orders of the Addl. Collector and the High Court, and held that the motion of no-confidence was not validly passed against the appellant.

Facts:

The appellant, a Sepoy in the Indian Army, challenged the decision of a Summary Court Martial, resulting in his dismissal from service and a six-month rigorous imprisonment.

The Summary Court Martial acquitted the appellant of one charge but found him guilty of misconduct on another charge.

The appellant sought legal representation during the trial, which was denied by the Commanding Officer based on a misinterpretation of Regulation 479 of the Army Regulations.

Issues:

Whether the denial of legal representation during a Summary Court Martial constitutes a violation of the principles of natural justice, especially when Rule 129 of the Army Rules allows for such representation.

Held:

The Court held that there was a violation of the principles of natural justice due to the denial of legal representation to the appellant during the Summary Court Martial.

The Court noted that Rule 129 of the Army Rules explicitly allows the accused to have legal representation during the trial, contrary to the misinterpretation of Regulation 479 by the Commanding Officer. The Court emphasized that the word "may" in Rule 129 implies an entitlement to representation, and the denial of this right resulted in prejudice against the appellant.

Therefore, the Court allowed the appeal, set aside the judgment of the Armed Forces Tribunal, and invalidated the decision of the Summary Court Martial. It was clarified that the interference was solely based on the violation of natural justice, and the respondents were free to take further legal steps as per the law.

Facts:

M/S. EMAAR MGF LAND LIMITED was developing an integrated township.

AFTAB SINGH applied for the allotment of a villa within the township.

The Buyer's agreement between the parties contained an arbitration clause for the resolution of disputes under the Arbitration and Conciliation Act, 1996.

Despite the arbitration clause, AFTAB SINGH filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC), bypassing arbitration.

Issues:

Whether consumer disputes are arbitrable, especially in the presence of an arbitration clause in the Buyer's agreement.

Whether the NCDRC was justified in rejecting the application under Section 8 of the Arbitration and Conciliation Act, 1996, filed by M/S. EMAAR MGF LAND LIMITED.

Held:

The Court, in a series of judgments, established that despite the existence of arbitration agreements, proceedings under the Consumer Protection Act should continue. This is because the Act provides a specialized and swift remedy to consumers for defects or deficiencies in goods or services.

The amendments to Section 8 of the Arbitration and Conciliation Act, 1996, aimed to limit judicial discretion in refusing arbitration references. However, these amendments did not intend to override special legislations where disputes were considered non-arbitrable.

While the legislative intent behind the amendments to Section 8 was to restrict judicial discretion only to cases where no valid arbitration agreement exists, the special nature of the remedies provided under the Consumer Protection Act warrants the continuation of proceedings despite the presence of an arbitration agreement.

If a party entitled to seek an additional special remedy under a statute does not opt for it and is party to an arbitration agreement, disputes can proceed through arbitration. However, when specific or special remedies are available and opted for by an aggrieved person, judicial authorities can refuse to relegate parties to arbitration.

Decision: The Court upheld the decision of the NCDRC in rejecting the application filed by M/S. EMAAR MGF LAND LIMITED under Section 8 of the Arbitration and Conciliation Act, 1996. The review petitions are dismissed.