Facts:

The case involves the appeal of Anokhilal against the State of Madhya Pradesh. The accused was charged with the rape and murder of a minor girl. Legal aid was granted, and an Amicus Curiae was appointed. However, the charges were framed swiftly, leaving limited time for the defense to prepare.

Issues:

The adequacy of legal representation, the expeditious disposal of the trial, and whether the accused received a fair and meaningful legal aid.

Held:

Article 39-A, inserted by the 42nd amendment to the Constitution, emphasizes free legal aid to ensure justice is not denied based on economic or other disabilities. The Right to Free Legal Services is deemed essential for a fair and just procedure.

The Amicus Curiae was appointed on the same day charges were framed, lacking sufficient time for preparation. The trial court's approach, though expediting the process, did not serve the cause of justice.

The trial court should have adjourned to allow the Amicus Curiae adequate time. The expedited trial, concluding within a fortnight, compromised the real and meaningful assistance the appellant was entitled to.

Other issues include the hasty examination of witnesses, early questioning of the accused, and swift conclusion without waiting for crucial reports. The expeditious disposal left glaring gaps in the proceedings.

While expeditious disposal is necessary, it should not compromise fairness. The cause of justice must prevail, and fast-tracking should not lead to burying the cause of justice.

In line with the principles laid down in Bashira, the counsel appointed through Legal Services should have been given sufficient opportunity, and the lack thereof resulted in a miscarriage of justice.

Setting aside the convictions and sentences, the court directs de novo consideration, allowing the appellant's counsel to address various issues.

Norms are established for appointing Amicus Curiae, specifying a minimum of 10 years of practice for advocates, especially in cases involving life or death sentences.

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.

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:

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:

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:

The case originated from the cancellation of 'S's promotion to Assistant Accountant, resulting in the termination of the appellant's appointment as Junior Accounts Clerk. Legal battles ensued through writ petitions filed by both 'S' and the appellant.

Issues:

The validity of the appellant's appointment, the consequences of the cancellation of 'S's promotion, and the impact of the dismissal of 'S's writ petition on the appellant's right to continue in the Junior Accounts Clerk position.

Held:

The appellant's appointment, made by a Selection Committee following procedures outlined in the 1985 rules, was deemed valid. No challenges were raised by candidates or the appointing authority.

The dismissal of the appellant's writ petition on 04.12.1992 did not affect his right to continue, as it occurred without knowledge of the stay order on the cancellation of 'S's promotion. The order became inoperative due to the interim order in the appellant's favor.

The letter dated 01.01.1993 was not a re-appointment but a reinstatement, extending the appellant's tenure in line with the interim order and previous appointment. The Education Authorities recognized this continuity.

The dismissal of 'S's writ petition on 15.09.2001 as infructuous, due to efflux of time without determining any issues, did not terminate the appellant's right to the Junior Accounts Clerk position. 'S' continued in his promotional role until retirement.

Facts:

The appellants, drivers in different government departments, claimed entitlement to Selection Grade and Special Grade pay scales. The High Court rejected their claim, asserting that they were not lawfully entitled to these scales.

Issues:

The appellants' claim for parity, the lawfulness of their entitlement to the claimed pay scales, and the interpretation of Article 14 in this context.

Held:

The court highlighted that the dismissal of Special Leave Petitions (SLPs) by the Supreme Court does not affirm the lower court's decision. The High Court had misread a previous decision, leading to a different conclusion. Judicial discipline suggests a referral to a larger Bench in such situations, but for expeditious disposal, remand to the High Court is deemed inappropriate.

The appellants failed to justify their entitlement to the claimed pay scales. The court traced the pay scales through various revisions applicable to government drivers. The determined pay scales were Rs. 4000-6000 and Rs. 4300-6000, not the claimed Rs. 5000-8000 and Rs. 5500-9000.

The court reiterated that Article 14 cannot be invoked to claim a benefit unlawfully, emphasizing positive equality. The jurisdiction of a higher court cannot be based on a wrong order from a lower forum.

The appellants are not entitled to the claimed pay scales solely based on earlier court decisions. They are only entitled to the pay scales of Rs. 4000-6000 and Rs. 4300-6000 as per G.O. Ms. No. 162.

Regarding another set of civil appeals, the drivers concerned, not entitled to promotional avenues, are directed to receive benefits under Schedule II of the 1998 Rules at Rs. 3200-4900, Rs. 4000-6000, and Rs. 4300-6000.

Facts:

The review petitions stem from a legal dispute involving M/S SHANTI CONDUCTORS (P) LTD. and ASSAM STATE ELECTRICITY BOARD. The petitioner contends errors in the original judgment concerning the bar of time in a money suit related to interest on the principal amount.

Issues:

Whether there is an apparent error in the original judgment regarding the bar of time in the suit.

Whether the petitioner is entitled to the benefit of Section 19 of the Limitation Act.

Whether the Interest on Delayed Payment to Small Scale and Ancillary Industrial Undertakings Act, 1993, is applicable.

Held:

The Court emphasized the importance of specific pleadings for claiming exemption from the law of limitation. The petitioner failed to plead for the benefit of Section 19, and the proviso of Order VII Rule 6 cannot rescue the plaintiff. The Court rejected the claim for the benefit of Section 14 of the Limitation Act, stating that the writ petition filed by the Association was by a different entity. The scope of review is limited, and the petitioner cannot reargue previously addressed questions.

The Court rejected the submission that there is an error apparent on the face of the record regarding the date of bill for payment and the enforcement of the Interest on Delayed Payment to Small Scale and Ancillary Industrial Undertakings Act, 1993.

The Court clarified that the grounds on which the petitioner sought review were not proved, and the High Court did not grant interest under Act, 1993. The maintainability of the appeal was considered and found against the petitioner.

Decision: The review petitions (C) Nos. 786–787 of 2019 were dismissed, and review petition (C) No.789 of 2019 was rejected. The Court upheld the judgment dated 23.01.2019.

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.