FACTS:

DAV Public School maintained three accounts with Indian Bank.

The bank linked the school's account to net banking without authorization, leading to a loss of Rs. 30,00,000/-.

The school did not apply for net banking; the linking was done mistakenly.

The complaint was filed after the detection of unauthorized transactions.

ISSUES:

Whether the bank is liable for the loss incurred due to fraudulent transactions.

The extent of the school's responsibility for the delay in reporting the fraud.

HELD:

The bank was found liable for linking the school's account to net banking without authorization.

The school was not responsible for the loss of Rs. 25,00,000/-; the bank was directed to compensate this amount.

The delay in reporting the fraud contributed to the additional loss of Rs. 5,00,000/-; the school was not held responsible for this part.

The bank was ordered to compensate the school to the tune of Rs. 25,00,000/- transferred until 9.9.2014.

The impugned orders were interfered with to this extent, and the appeal was allowed accordingly.

Facts:

The Jharkhand Public Service Commission (JPSC) issued an advertisement on 19.07.2006 for the Jharkhand Eligibility Test (JET).

The test, known as the State Level Eligibility Test (SLET), is conducted to determine the eligibility of candidates for the appointment as lecturers.

The test comprises three papers, and the advertisement indicated that only candidates obtaining 50% marks in Paper I and II would be eligible for Paper III.

Issues:

The main issue revolved around the fixation of minimum marks for Paper III in the eligibility test.

The writ petitioner obtained 50% marks in Papers I and II but did not meet the 60% cut-off fixed by JPSC for Paper III.

The High Court allowed the writ petition, asserting that fixing the qualifying marks amounted to changing the rules mid-selection process.

Held:

The Division Bench held that the moderation committee, constituted as per the UGC scheme, is responsible for deciding the cut-off marks for each subject.

Emphasized that there was no need to fix qualifying marks for Paper III at the advertisement stage.

Disagreed with the High Court's view that the rules were changed mid-process, asserting that no minimum marks for Paper III were specified initially.

Concluded that the High Court erred in holding that JPSC couldn't fix the minimum marks for Paper III.

Civil Appeal No. 9441 of 2019 by JPSC was allowed, and Civil Appeal No. 9442 of 2019 filed by the writ petitioner was dismissed.

Facts:

The appellant, Kanwar Pal Singh, challenged criminal prosecution under various sections, including Section 379 of IPC and Sections 3 and 4 of the Prevention of Damage to Public Property Act.

Allegations included illegal sand mining outside the permitted area based on a complaint by a Mines Department surveyor.

Issues:

Violation of Section 22 of the Mines Regulation Act, which requires a complaint by an authorized person for cognizance, and the interplay of this provision with IPC Section 379.

Whether the police could investigate the violation of Section 4 of the Mines Regulation Act.

Held:

The court clarified that the violation of Section 4 is a cognizable offense, allowing the police to investigate without any bar under the Mines Regulation Act, unlike certain provisions in other statutes (Para. 11).

The court emphasized the distinction between offenses under Section 21 of the Mines Regulation Act and Section 379 of the IPC, rejecting the argument that the actions constituted the "same offense" (Para. 7).

The court highlighted the importance of preventing illegal sand mining due to its adverse effects on the environment and public resources (Para. 69).

The court directed the trial court to independently assess factual allegations and decide the charges in accordance with the law (Para. 12).

FACTS:

The Appellant holds an F.L.-1 License for wholesale vending of Indian Made Foreign Liquor (IMFL).

Application filed by the Appellant to shift the licensed Liquor Shop from Mahe to Karaikal under Rules 163 and 209 of the Puducherry Excise Rules.

Objection filed by Respondent No. 1 opposing the shifting, citing previous judgments and public interest concerns.

Various legal proceedings, including writ petitions, were initiated in the Madras High Court challenging the permission granted for shifting.

ISSUES:

Whether the expression 'from one place to another' in Rule 209 of the Excise Rules restricts the shifting of a liquor shop within a particular local area or allows inter-region shifting within the Union Territory of Puducherry.

Interpretation of the term 'place' in the context of the Excise Act and Rules.

Compliance with statutory conditions and the legality of the granted permission to shift.

HELD:

The expression 'from one place to another' in Rule 209 is not restrictive, allowing the Licensing Authority to grant permission for inter-region shifting within the Union Territory of Puducherry, subject to specified conditions.( Para 20)

Interpreting the Act as a whole, a restrictive meaning to Rule 209 would be contrary to the legislative intent, especially considering the unique demography of Puducherry comprising four unconnected regions.( Para 21)

The Excise Act and Rules distinguish between 'local area' and 'place,' indicating that the intention was not to confine the shifting of a liquor shop to a specific locality. No express prohibition for inter-region shifting is found in Rule 209.( Para 22)

Previous approvals for shifting liquor shops from one region to another were cited, supporting the view that such inter-region shifting was permissible.( Para 23)

The Court accepted the State's submission that the Licensing Authority thoroughly assessed the pros and cons, seeking input from relevant authorities, before granting permission for inter-region shifting.( Para 24)

Permission to shift the Appellant's licensed premises from Mahe to Karaikal was granted legally and validly by the Licensing Authority, complying with all conditions.( Para 25)

The Court allowed the Civil Appeals, setting aside the Madras High Court's order that quashed the permission to shift the licensed shop. The Court found no prohibition in the Excise Act or Rules for inter-region shifting.( Para 27)

REFERRED CASES:

K. Murali vs. Commissioner (Excise)-cum-Secretary in W.P. (Civil) No. 39661/2002

Tamil Nadu vs. Balu, (2017) 2 SCC 281 : AIR 2017 SC 262 : 2017 (1) SCJ 586

Facts:

Appellant Nos. 1 & 2 filed original returns under Section 139(1) for A.Y. 2016-17.

Schemes of arrangement and amalgamation with 9 companies were entered into, with the appointed date as of 01.01.2015.

Revised Returns were manually filed after obtaining sanction from NCLT on 27.11.2018.

Department contended non-filing of application for condonation of delay and sought permission from CBDT.

Notice u/s. 143(2) to give effect to the scheme approval was withdrawn by the Department.

Writ petitions were filed by appellants challenging the Department's stance.

Issues:

Whether Section 139(5) is applicable in the case of revised returns filed after schemes' approval from NCLT.

Whether delay in filing was due to an omission or wrong statement.

Held:

Section 139(5) not applicable; revised returns not filed due to omission or wrong statement, but due to time taken for NCLT's sanction (Para 7).

Impossibility for assessee companies to file revised Returns before 31.03.2018, given NCLT's approval on 22.04.2018 and 01.05.2018 (Para 8).

Section 119(2)(b) not applicable as it is for cases of genuine hardship, not restructuring with NCLT's approval (Para 9).

Rules of procedure construed as the handmaiden of justice; purpose of assessment proceedings is to assess tax liability correctly (Para 9).

Department required to assess income of appellants post-amalgamation as per Section 170(1) of the Income Tax Act (Para 10).

Decision: Appeals allowed; Division Bench's judgment set aside.

Facts:

The case involves a contract between M/S. Dyna Technologies Pvt. Ltd. (appellant) and M/S. Crompton Greaves Ltd. (respondent) for an aquaculture unit. The respondent issued a work order for construction, but on 05.01.95, instructed the appellant to stop the work, leading to a claim for compensation. The dispute was referred to an Arbitral Tribunal.

Issues:

Disallowance of Claim No. 3 (loss of profit) by the Arbitral Tribunal.

Acceptance of Claim No. 2 (losses due to unproductive use of machineries) by the Arbitral Tribunal.

Adequacy and intelligibility of reasoning in the arbitral award under Sections 31(3) and 34 of the Arbitration and Conciliation Act.

Held:

Section 34 limits challenges to an award, respecting the finality of arbitral decisions. Courts should exercise caution, deferring to the view of the Arbitral Tribunal, unless there's unpardonable perversity in the award.

Arbitration proceedings differ from judicial proceedings. The choice of arbitration reflects commercial wisdom, allowing parties to opt for arbitrators without legal experience.

Section 31(3) mandates intelligible and adequate reasoning in arbitral awards. Challenges based on impropriety or perversity in reasoning fall under Section 34, while challenges on unintelligibility equate to providing no reasons.

Section 34(4) provides for curable defects, and remanding to the tribunal is considered unless impractical, as in cases taking more than 25 years for adjudication.

The award, lacking adequate reasoning and relying on respondent approval, is unintelligible and unsustainable. The court directs payment of Rs. 30,00,000/- to the appellant within 8 weeks, settling claim No. 2, or face 12% p.a. interest until payment, bringing an end to the prolonged litigation.

Facts:

The appellant, Khaja Bilal Ahmed, faced a detention order based on his alleged involvement in unlawful activities. The order referred to fourteen cases between 2007 and 2016, claiming an antecedent criminal history. The appellant obtained bail in a 2018 criminal case, and the detention order was served while he was in jail. The order was confirmed on November 2, 2018.

Issues:

The appellant contested the detention order, asserting that the grounds provided were stale and irrelevant. The confirmation order's presentation raised doubts about its existence. The detaining authority considered cases that were not relied upon, leading to contradictory claims.

Held:

The order of detention referenced criminal cases from 2007 to 2016 to establish the appellant's antecedent criminal history. The detaining authority's claim that these cases were not relied upon but only referred to for background is contradictory. The Telangana Offenders Act 1986 requires relevant, non-stale material for detention. Reference to past cases lacks a clear causal connection, violating Section 3.( Para 15)

Section 12 of the Telangana Offenders Act 1986 gives the government discretion to confirm a detention order based on the Advisory Board's report. The detenu was in custody from October 25, 2018, to February 27, 2019. The order of confirmation surfaced in an additional affidavit, casting doubt on its existence during the relevant period.( Para 16)

The order of confirmation, dated December 28, 2018, was not served on the detenu until February 27, 2019. Its sudden appearance in a later affidavit raises serious doubts about its authenticity during the detention period.( Para 17–19)

The detention order is set aside due to stale and irrelevant grounds and doubts about the confirmation order's existence. The detaining authority lacked a reasonable basis to conclude that the appellant, upon release on bail, would engage in prejudicial activity. The High Court's decision is overturned, and the order of detention is quashed.( Para 20–21)

FACTS:

Accusation against the appellant, Mayank N Shah, for presenting fake invoices to a bank, leading to charges under various sections of the IPC and the Prevention of Corruption Act.

Accused no. 2 allegedly hatched a conspiracy to cheat the bank by presenting fake documents, and the appellant, accused no. 4, was a salaried employee relatively lower in the hierarchy of the firm owned by accused no. 2.

Accusations include presenting forged motor transport receipts and invoices, leading to a total cheating amount of Rs. 18,57,064.40.

ISSUES:

Whether the appellant, being a salaried employee, had direct involvement in the fraudulent activities or was merely following instructions.

Whether the circumstantial evidence is sufficient to establish the guilt of the appellant.

HELD:

The court, after evaluating the evidence, held that the appellant, Mayank N Shah, was aware of the fake and fabricated nature of the invoices presented to the bank and thereby cheated the bank. The conviction was confirmed, but considering the appellant's role as a salaried employee lower in the hierarchy, the sentence was modified. The sentences for various offenses were ordered to run concurrently, and the appellant was required to surrender within four weeks to serve the remaining period of the modified sentence.

REFERRED CASES:

Bharati Telenet Ltd. vs. Subhash Jain & Ors. (2005) 11 SCC 599

Central Bureau of Investigation, Hyderabad vs. K. Narayana Rao (2012) 9 SCC 512

K.R. Purushothaman vs. State of Kerala (2005) 12 SCC 631

State of Madhya Pradesh vs. Udham and Others 2019 SCC OnLine SC 1378

Facts:

Incident occurred on the evening of 16.12.2012 involving the gang rape and brutal assault of the prosecutrix in a moving bus.

Accused misbehaved, committed gang rape, and subjected the victim to unnatural offenses.

Victim and her friend thrown out of the moving bus, leading to her critical condition and subsequent death.

Issues:

Conviction and death penalty imposed on the petitioner challenged in the review petition.

Various legal arguments presented, including flaws in investigation, lack of professional skills by the investigating agency, and allegations of false implication.

Held:

The review petition sought a re-examination of the conviction and death penalty. However, the Supreme Court dismissed the petition, stating that the scope of review is limited and can only be entertained in cases of error apparent on the face of the record. The Court emphasized that the petitioner merely repeated arguments already considered and rejected. Grounds such as flaws in the investigation, media pressure, and general contentions against capital punishment were deemed insufficient for a review.