Crimnal Law - Section 138 & 141 NI Act - Negotiable Instruments – Quashing Set Aside - Vicarious Liability of Director – Complaint Must Disclose Responsibility for Company’s Affairs – High Court quashed criminal proceedings under Section 138 NI Act against a director on the ground of insufficient averments—Supreme Court reversed, holding that complaint sufficiently alleged that respondent was “responsible for day-to-day affairs, management and working” of the company—Held: Averment satisfies the requirement under Section 141(1) NI Act—Complaint need not reproduce statutory language verbatim if substance is clear [Paras 2–6, 17–21, 27–30].

Director Liability – No Need to Parrot Section 141 – Substantive Allegations Sufficient – Supreme Court reiterated that complainants are not required to reproduce Section 141 verbatim—Complaint as a whole must show the director was in charge of and responsible for company’s business—Detailed Board resolutions and loan documents attached supported director’s active role—Held: Complaint sustainable against respondent no. 2 [Paras 18–21, 29–31, 34–39].

Precedents – S.M.S. Pharmaceuticals, Sabitha Ramamurthy, K.K. Ahuja, S.P. Mani – Applied – Court analyzed evolution of NI Act jurisprudence—Held: Complaint met the standards set in S.M.S. Pharmaceuticals (2005), Sabitha Ramamurthy (2006), K.K. Ahuja (2009), and S.P. Mani (2023)—Averments adequate to infer vicarious liability; no hyper-technical interpretation required [Paras 22–38].

Criminal Procedure – Quashing of Complaint – High Court Order Set Aside – High Court erroneously quashed proceedings under Section 482 CrPC—Held: Trial should proceed where complaint discloses sufficient prima facie material—A complaint cannot be dismissed solely for not using statutory language in precise terms [Paras 15–16, 39–40].

Decision – Appeal allowed – High Court order dated 10.01.2024 in Criminal W.P. No. 275 of 2022 quashed – Complaint restored against respondent no. 2 – Trial to proceed before Magistrate in accordance with law [Para 40].

Criminal Law - Criminal Complaint – Bar of Limitation – Section 468 CrPC – Cognizance Set Aside – Magistrate took cognizance only under Section 323 IPC (maximum punishment: one year) after three years of the alleged incident – Held: Section 468 CrPC applies; the complaint is barred by limitation – The Magistrate's and High Court’s orders set aside; complaint quashed [Paras 3–11].

Interpretation – Section 468(3) CrPC – Scope Limited to Joint Trial – Not Applicable When Cognizance Taken for Single Offence – Though the complaint alleged multiple offences including one under Section 452 IPC (punishable with up to seven years), cognizance was taken only under Section 323 IPC – Thus, the benefit of extended limitation under Section 468(3) CrPC not available – High Court misread the provision [Paras 6–9].

Legal Principle – Act of Court Cannot Prejudice – Limitation Relates to Date of Offence – Where delay in cognizance is due to court’s process and not complainant’s fault, bar may not apply – However, no justification or extension under Section 473 CrPC invoked in this case – Hence, bar under Section 468 CrPC attracted [Para 8].

Final Relief – Complaint Quashed – Cognizance Beyond Limitation Invalid – Appeal Allowed – The Supreme Court quashed Complaint Case No.13176 of 2018 – Cognizance taken on 27 September 2019 was beyond limitation for an offence under Section 323 IPC, alleged to have occurred on 5 September 2015 [Paras 10–11].

Civil Writ – Constitutional Law - Public Authority – Meaning under Article 12 – Air Force School Not a “State” – The Supreme Court held that the Air Force School, though administered by the Indian Air Force Educational and Cultural Society and staffed by IAF personnel, did not satisfy the test of pervasive control by the State – The school is financially autonomous, not directly funded by government grants, and operates under a non-statutory code – Held: The school is not “State” within Article 12 and is not subject to writ jurisdiction [Paras 20–25].

Service Dispute – Contractual Employment – Writ Petition Not Maintainable – Teachers appointed through private contractual arrangements challenged their termination via writ petitions – The Court found that no statutory provisions governed their service and the dispute did not involve public law elements – Held: Remedies lie in private law; writ jurisdiction under Article 226 is not available [Paras 14, 22–24].

Education Code – Nature and Effect – Not Having Statutory Force – The Education Code relied upon by appellants was not issued under statute and had no legal binding effect – Held: Administrative codes of private societies cannot confer public law remedies in the absence of statutory backing [Paras 21–23].

Funding – Absence of Government Grants – Autonomy in Financial Management – The audited accounts showed no receipt of public funds or grants – Contributions stemmed from fees and non-public funds like welfare contributions from IAF personnel – Held: Absence of financial dependence on State negates classification as “State” [Paras 13–21].

Decision – Appeals Dismissed – Majority Opinion – The Supreme Court affirmed the High Court’s decision that the Air Force School is not “State” under Article 12 and therefore writ petitions against it are not maintainable – Civil remedies are open to the appellants outside writ jurisdiction [Para 25].

Dissent – Pervasive Control by IAF – Writ Maintainable – Justice Ahsanuddin Amanullah dissented, holding that the School, managed by IAF officers and constructed on IAF land with welfare funding, performs a public function – He opined that the IAF exercises pervasive control, and therefore, writs are maintainable against the School under Article 226 – Held: The school is an “authority” under Article 12 and its employment decisions are subject to judicial review [Dissenting Paras 5–30].

Civil Writ – Service Law - Performance Appraisal – Role of IAS Officers in IFS PAR – Government Order Quashed – Government of Madhya Pradesh issued a G.O. on 29th June 2024 allowing IAS officers to participate in the appraisal of IFS officers – Held: Such appraisal structure is contrary to Supreme Court’s binding rulings in Santosh Bharti and P.C. Wadhwa cases – Only officers from the IFS cadre can serve as reporting/reviewing authorities up to the level of Additional PCCF, with exceptions for PCCF level – Government Order quashed for violating binding judicial orders [Paras 1-3, 34-39].

Constitutional Governance – Contemptuous Nature of Administrative Orders – Judicial Orders Must Be Followed – The impugned G.O. was issued despite existing Supreme Court directions and without seeking clarification or modification – Held: The G.O. is contemptuous and demonstrates administrative disregard for the rule of law – Court refrains from initiating contempt proceedings but warns against future violations [Paras 36-39].

Service Jurisprudence – Reporting Authority Hierarchy – IFS Confidential Reports – Reporting and reviewing officers must be immediate superiors within the same department – Past judicial interpretations and DoPT/MoEF circulars reiterated this – Evaluation by non-IFS officers is impermissible unless officer works outside the department – Observed: Superior officers must be in higher rank and grade than the one being appraised [Paras 11-20, 24-26, 30-33].

Judgment – Government Order Struck Down – Relief Granted – The impugned G.O. dated 29th June 2024 is quashed and set aside – State directed to reframe rules within one month in compliance with the directions issued by the Court in Santosh Bharti and clarified by MoEF and DoPT [Paras 41-42].

Criminal Law - Sections 420, 406, 467, 468, 473, 474, and 120B of the Indian Penal Code, 1860 - Quashing of FIR – Forged Lease Deed Used – FIR Restored – Allegation that accused used a forged lease deed to sell land and obtained ₹10 lakh as advance – Held: High Court erred in quashing FIR by relying on defence plea that accused were unaware of forgery or were willing to return money – Such issues are matters for trial – FIR restored for continuation of investigation and trial [Paras 2–10].

Plea of Defence – Not a Ground for Quashing – Accused Claimed to Be Victims Themselves – Rejected – Supreme Court reiterated that defence pleas cannot be considered at FIR stage – Even willingness to refund money does not negate commission of cognizable offence – Quashing order set aside [Paras 8–10].

Multiple FIRs – Distinct Transactions – Not Barred – Separate Victims, Separate Offences – Held: Presence of other FIRs relating to similar modus operandi does not make the current FIR a second FIR for the same offence – Each transaction with separate victim constitutes a distinct offence [Para 10].

Final Relief – FIR Quashing Set Aside – Criminal Proceedings to Continue – Supreme Court held that allegations made out a prima facie case – Investigation having culminated in a charge sheet, FIR and proceedings restored for trial – Appeal allowed [Paras 10–11].

Road Safety – Public Interest Litigation (PIL) – National Highways – Implementation of Control of National Highways Act, 2002 – Directions issued to remove unauthorised occupation from National Highways and establish enforcement mechanisms – Court found the absence of dedicated inspection teams and grievance redressal portals violated statutory mandates – Held: Centre and Highway Administrations must constitute inspection squads, grievance portals, and public reporting mechanisms to ensure road safety [Paras 1-3, 5, 10, 13-14].

Highway Administration – Failure in Statutory Duties – Rule 3 of Highway Administration Rules, 2004 (as amended in 2019) – Highway Administrations failed to enforce mandatory duties such as SOP formulation, enforcement monitoring, and grievance resolution – No concrete data or compliance with SOPs submitted – Held: Detailed affidavits with implementation timelines to be filed; strict enforcement of Rule 3 required [Paras 8-9, 13].

Encroachments – Section 24 and 26 of 2002 Act – Lack of Survey and Eviction Mechanisms – Court found that despite legal powers to detect and remove encroachments, Highway Administrations lacked proactive enforcement – No regular surveys, no public complaint channels, and negligible action taken despite notices – Held: Mandatory regular inspections, citizen complaint portal, and toll-free reporting system to be established [Paras 2-7, 11-12, 14].

Public Accountability – Digital Tools and Surveillance – Rajmargyatra App – Incomplete Implementation – App intended for highway users’ complaints lacked redressal transparency and citizen feedback – Court directed upgrade of app with tracking features, status updates, and appeal mechanisms – Also ordered creation of portal with full complaint and response visibility [Paras 12-13].

Judicial Monitoring – Continuing Mandamus – Enforcement Timeline – Recognizing persistent failure of executive bodies, Court retained writ petition on file to ensure periodic judicial review and enforcement of compliance – Directed Union of India and MoRTH to file action-taken affidavits within three months – Surveillance teams with police coordination to be constituted for highway patrolling [Paras 14, 16].

Decision – Interim directions issued – Highway Administration and Union of India to implement SOPs, launch public portal, upgrade mobile app, establish patrolling teams, and file compliance reports within three months – Case to remain pending as continuing mandamus – Next compliance hearing on 15 September 2025 [Paras 16(i)-(viii)].

Criminal Law - PMLA Offence – Bail – Predicate Offence Bail Granted – Relaxation of Section 45 PMLA – Bail Allowed – The appellant, a headmaster, was accused of conspiring to leak the question paper of a competitive government examination and was arrested along with 36 candidates found with the leaked paper – The Enforcement Directorate registered a separate ECIR under PMLA based on proceeds of crime arising from the predicate offences – The appellant was granted bail in the predicate FIR on 28.01.2025 – The Court noted that the ED investigation was ongoing and the case against the appellant, at present, rested on conspiracy – Held: In light of the nature of allegations and the fact that bail was granted in the predicate offence, rigours of Section 45 PMLA can be relaxed and the appellant released on bail with liberty to the ED to seek modification if further incriminating evidence emerges [Paras 6–10].

Decision – Appeal Allowed – Bail Granted – Supreme Court set aside the High Court's order denying bail and directed that the appellant be released on bail to the satisfaction of the Special Judge (PMLA) – Liberty granted to ED to move for recall/modification of order upon discovery of fresh material [Paras 9–11].

Criminal Writ – PIL – Allegation of Fraudulent Cost Escalation – Prima Facie Rejected – Petitioner, a former MLA and PAC Chairman, alleged wrongful revision of estimates in PRRLIS causing Rs. 2,426.07 crores loss to public exchequer – Supreme Court upheld the High Court’s dismissal of the writ petition – Held: Allegations required factual adjudication not suitable for exercise of writ jurisdiction under Article 226 – Summary dismissal by High Court justified [Paras 1, 4, 10, 18].

CBI Investigation – Scope of Judicial Discretion – Writ Court’s Non-Interference Upheld – Petitioner sought CBI investigation into the alleged irregularities – Supreme Court held that the High Court was justified in refusing to refer the matter to CBI – Mere allegations unsupported by prima facie evidence or substantiated material do not mandate such referral – Discretion exercised by the High Court cannot be faulted in SLP proceedings [Paras 9, 19].

Res Judicata – Constructive Res Judicata – Repetitive Petitions by Same Petitioner – Earlier PILs by the same petitioner on related issues (Nos. 28/2016, 179/2016, 338/2017) were already disposed of – Present SLP found to be barred by principle of constructive res judicata – Also noted suppression of material facts by the petitioner – Held: Maintainability of repeated PILs on same subject matter is seriously questionable [Paras 13, 21].

Vigilance Report – CVC Finding Complaint Unsubstantiated – Evidentiary Value – Central Vigilance Commission had closed the complaint regarding PRRLIS packages 5 and 8 as unsubstantiated by order dated 12.09.2017 – Supreme Court noted this finding while rejecting prayer for further inquiry – Held: Findings of competent statutory body carry persuasive value in assessing prima facie case in PILs [Paras 14, 21].

Final Decision – No Interference Warranted – Supreme Court found no illegality in High Court’s decision – Held: No justification to reopen the matter or interfere with impugned judgment – Special Leave Petition dismissed [Paras 20, 22].

Consumer Law - Challenge To Constitutionality And Validity Of Specific Provisions Of The Consumer Protection Rules, 2020 - Consumerism and Constitutional Philosophy – Broad Interpretation of Consumer Rights – Socio-Economic Relevance Affirmed – The Court held that the concept of consumerism is constitutionally embedded within principles of equality, dignity, justice and participatory democracy – Consumer forums are instruments of social justice promoting public accountability and participative governance – Consumer rights cannot be narrowly construed but must be seen in the context of constitutional values under Articles 38 and 51-A(h) [Paras 2–20].

Selection Committee Composition – Rule 6(1) of 2020 Rules Struck Down – Executive Dominance Held Unconstitutional – The Court held that Rule 6(1), which allowed excessive control of executive in appointment process, violated doctrine of separation of powers – Held: Only one nominee from executive branch can be permitted – Impugned rule declared ultra vires and struck down [Paras 55–58, 83].

Tenure of Appointees – Rule 10(2) Held Invalid – Minimum Five-Year Tenure Mandated – The 4-year term under Rule 10(2) was found contrary to precedent and judicially established principles – A minimum five-year tenure is essential to ensure institutional independence and stability of consumer fora – Rule 10(2) struck down [Paras 84, 99].

Written Examination Requirement – Directions in Limaye–I Clarified – No Written Exam for Judicial Members or Presidents – Held: Requirement of written test introduced in Limaye–I applies only to non-judicial members – Judicial Members and Presidents are exempted – Review Petitions allowed to clarify this misinterpretation – Appointments made without written tests for judicial roles upheld [Paras 78–81, 100].

Appointments Made Under 2023 Advertisements – Appointments of 112 Candidates Valid – Non-Impleadment of Appointees Rendered HC Decision Invalid – Held: High Court’s failure to implead selected candidates violates natural justice – Also, written examination was substantially complied with – Hence, appointments made via notification dated 05.10.2023 upheld [Paras 86–89].

Reappointments – Not a Vested Right – Must Be Made Under New Rules – The Court held that repealed 2019 Rules cannot govern reappointments – Held: Any reappointment must comply with fresh set of rules to be framed – Rule 8(18) of 2019 Rules cannot be revived or relied upon – No automatic reappointment possible [Paras 90–98].

Appointments in Telangana – Prospective Application of Limaye–I – No Retrospective Invalidation – The Court set aside High Court's decision cancelling Telangana appointments made prior to Limaye–I – Held: Directions in Limaye–I do not operate retrospectively – Appointees to be reinstated [Para 101].

Final Relief and Constitutional Directions – Mandate to Frame New Rules – SC exercised powers under Article 142 to direct Union of India to frame fresh Rules governing appointment, tenure and conditions of service – Emphasis on permanent consumer fora with clear recruitment framework – Court underscored need for transparency and institutional efficiency [Paras 102–104].

Decision – Civil Appeals Partly Allowed, Review Petitions Allowed in Part – Appointments upheld in certain states and quashed in others depending on compliance with legal and constitutional standards – Rules 6(1) and 10(2) declared unconstitutional – Directions issued for new regulatory framework and future appointments [Paras 99–104].