Facts:

Appellant filed criminal appeals against the High Court's decision to quash complaints under various sections of IPC, CrPC, and NI Act.

Complaints alleged offenses including cheating, fraud, and criminal conspiracy related to a land procurement agreement.

High Court quashed complaints based on a subsequent agreement, citing novation of the contract.

Issues:

Whether the High Court erred in exercising powers under Section 482 CrPC to quash the complaints?

Whether there was novation of the contract based on the subsequent agreement dated 08.11.2012?

Held:

The court held that the power under Section 482 CrPC should be sparingly exercised and not when the case is not clearly made out or when the complaint is an abuse of process. The question of novation and its effects should be determined after a full-fledged trial. Mere filing of a civil suit or complaint under Section 138 of NI Act does not justify quashing criminal proceedings. The High Court erred in allowing the petitions and quashing the complaints. The criminal appeals were allowed, and the High Court's order was set aside, directing the trial court to proceed with the complaints on their merits.

Facts:

The case involves Barasat Eye Hospital and Kaustabh Mondal under the West Bengal Land Reforms Act, 1955. The respondent (pre-emptor) sought pre-emption rights, and the dispute centered around the deposit requirement and procedural aspects under Sections 8 and 9 of the Act.

Issues:

Activation of the right of pre-emption: Whether the right is triggered only upon the deposit of the specified amounts?

Inquiry into consideration amount: What is the process and prerequisite for investigating the stated consideration?

Deposit requirement for pre-emption: Is the pre-emptor allowed discretion in depositing amounts, or must the full amount be deposited?

Strict construction of pre-emption right: How should the weak right of pre-emption be construed in legal terms?

Refund of deposit: Under what circumstances can the pre-emptor claim a refund, and what does the phrase "remainder" signify?

Extension of time: Can the respondent be granted an extension of time for depositing the full amount?

Held:

The pre-emptor has two rights: the inherent or primary right for the offer of a thing about to be sold, and the secondary or remedial right to follow the thing sold. The secondary right is a right of substitution, and the pre-emptor must show the superiority of their right over that of the vendee.

Under Section 8(1) of the West Bengal Land Reforms Act, the right of pre-emption is activated on the deposit of the consideration money and an additional 10%. No deposit means the right is not triggered. Section 8 is clear and explicit.

Section 9(1) comes into play only after the deposit mentioned in Section 8(1) is made. The inquiry into the consideration amount, as envisaged in Section 9, is based on the deposit under Section 8.

The nature of inquiry by the Munsif involves first depositing the amount mentioned in the sale transaction. The phrase "the remainder, if any, being refunded to the applicant" pertains to the refund of any excess amount deposited.

The pre-requisite for exercising the weak right of pre-emption is the deposit of the sale consideration amount and the 10% levy. Full amount deposition is mandatory, and no discretion is given to the pre-emptor.

The respondent did not provide material to substantiate a plea questioning the stated consideration's market value. Allowing a pre-emptor to deposit smaller amounts could lead to speculative litigation.

The requirement to exercise the right within the stipulated time is sacrosanct. No extension of time is permitted, even through Section 5 of the Limitation Act.

Once the time period is sacrosanct, the deposit of the full amount within that time is equally crucial. No extension can be granted to the respondent to exercise the right.

The respondent is entitled to the refund of the deposited amount, together with any interest earned, if applicable, as the speculative exercise has continued for fourteen years.

Facts:

The appellants, licensed traders of agricultural produce, sought allotment of plots/shops in the new grain market after the de-notification of the old market. The High Court upheld the validity of the rules, leading to the present appeals.

Issues:

Validity of the Punjab State Agricultural Marketing Board Rules, 1999, and the First Amendment Rules of 2008.

Conditions for allotment of plots/shops in new grain markets.

Interpretation of turnover proof requirements.

Held:

The Court emphasizes that deviations from the rules can only be allowed if they occur due to reasons beyond the control of the dealer. Examples include the dealer being incapacitated or facing circumstances affecting turnover or license renewal. Such deviations are to avoid injustice while still following the letter of the law. Every law must be read in an equitable and humane manner, and only technical violations, not violations going to the root of the matter, can be condoned.( Paragraphs 21 and 22)

The Court disposes of the appeals with specific directions, including upholding the validity of the Rules, requiring a valid license for more than 3 years for first-time license holders, providing a 3-month window for renewal of licenses, and emphasizing the primary evidence of turnover through Form 'M.' The Court directs the Market Board/Committee to reconsider cases with marginal deficiencies within three months, taking into account reasons beyond the control of the dealer.( Paragraph 23-24)

Facts:

The accused, including appellant no. 1, were facing charges under the Arms Act and the TADA Act.

The arrest occurred based on information received by the police regarding the presence of appellant no. 1 in a village.

The FIR was filed under the Arms Act, and subsequently, Section 5 of the TADA Act was added with the approval of the District Superintendent of Police.

Issues:

The main issue revolved around the compliance with Section 20-A(1) of the TADA Act.

Whether the information about the commission of an offence under TADA Act could be recorded by the police without the prior approval of the District Superintendent of Police.

Held and Decision:

Held:

Section 20-A(1) of the TADA Act is mandatory and starts with a non-obstante clause.

Non-compliance with Section 20-A(1) vitiates the entire proceedings related to offences under TADA Act.

The bar under Section 20-A(1) applies to information recorded under Section 154 of CrPC but does not apply to a rukka or communication sent by the police to the District Superintendent of Police seeking sanction.

Decision:

The appeal was allowed, setting aside the order of the Designated TADA Court.

The appellants were discharged from the offences under TADA Act but could be proceeded against under other applicable laws.

Facts:

Dismissal of a workman with another industrial dispute pending.

Application under Section 33(2)(b) seeking permission for dismissal.

Labour Court dismissal of the application, upheld by the Single Judge of the High Court.

Division Bench of the High Court set aside previous orders, stating Section 33(2)(b) does not allow the introduction of new evidence.

Issues:

Interpretation of the scope of Section 33(2)(b) concerning the dismissal of a workman.

Examination of the relationship between Section 33(2)(b) and the self-contained mechanism provided by Section 10 read with Sections 11(3) and 11A of the Industrial Disputes Act.

Clarification on whether Section 33(2)(b) permits an expanded procedure for adjudicating the legality, propriety, justifiability, or sustainability of punitive actions against a workman.

Held:

The Industrial Disputes Act provides a self-contained mechanism for adjudicating industrial disputes related to the dismissal of a workman.

Section 33(2)(b) is distinct and not meant for adjudicating the legality or justifiability of punitive actions; its purpose is to prevent adverse alterations during pending conciliation or dispute proceedings.

Section 33(2)(b) contemplates a summary inquiry into the conduct of a proper domestic enquiry, focusing on principles of natural justice.

The Labour Court/Tribunal, while exercising jurisdiction under Section 33(2)(b), should not evaluate the proportionality of punishment, as this falls under Section 11A of the Act.

Two-phase scope for enquiry under Section 33(2)(b): Prima facie assessment based on domestic enquiry records and, if defects are found, allowing parties to present evidence.

Orders under Section 33(2)(b) have no binding effect in Section 10(1)(c) or (d) proceedings; both are independent.

Criticism of lower courts for misunderstanding the scope of Section 33(2)(b).

Remittance to the Labour Court for a fresh decision and directions for dispute settlement through mediation.

Decision: Partly allowing the appeal, the Court remits the matter to the Labour Court for a fresh decision within the limit and scope of Section 33(2)(b). The parties are directed to settle the dispute through mediation, and proceedings before the Labour Court are stayed until the mediation process concludes.

Facts:

The case involved a FIR filed by a power-of-attorney holder regarding alleged attempts of extortion and fraudulent activities related to agricultural land. The investigation was conducted, a charge-sheet was filed, and the Magistrate took cognizance, issuing summons to the accused.

Issues:

Whether the Magistrate possessed the authority to order further investigation post the filing of a charge-sheet and after cognizance is taken.

Held:

The court highlighted the expansive nature of the Magistrate's power under Section 156(3) of the CrPC, emphasizing the Magistrate's responsibility to ensure a fair and just police investigation, as mandated by Article 21 of the Constitution. This power includes the authority to order further investigation even after a police report is submitted.

The introduction of Section 173(8) grants the police the power to continue investigations after a report has been forwarded to the Magistrate until the trial commences.

Overruling previous judgments, the court rejected a restrictive view of the Magistrate's powers post the issuance of process or the accused appearing before the Magistrate.

The discretion to order further investigation lies with the Magistrate, who must exercise it based on the facts of each case and in accordance with the law.

In the specific case, the court observed that the facts alleged for further investigation were akin to a cross-FIR. However, considering doubts raised by the Commissioner of Revenue, the court directed the police to register an FIR and investigate specific facts mentioned in a communication.

Facts:

The case involves an appeal challenging an interim order from the Delhi High Court in a writ petition related to the Black Money Act.

The issues concern the retrospective application of the Act, specifically Sections 50 and 51, and the one-time declaration opportunity under Section 59.

Issues:

Whether the High Court correctly observed the retrospective application of penal provisions.

The impact of the date change in sub-section (3) of Section 1 of the Black Money Act on the one-time declaration opportunity.

Held:

The court holds that the High Court was not correct in deeming the penal provisions retrospective.

The date change in sub-section (3) of Section 1 of the Black Money Act was intended to allow assesses to benefit from Section 59.

The penal provisions (Sections 50 and 51) apply when an assessee fails to utilize Section 59 for disclosure and payment of tax and penalty.

The interim order by the High Court is quashed, and the case is remanded for a decision on its merits.

Concludes by allowing the appeal, quashing the interim order, and requesting the High Court to decide the writ petition on its merits.

Facts:

The prosecution alleged that the accused were found in possession of poppy husk in a vehicle. The trial court convicted them, but the High Court acquitted them, citing non-compliance with Section 50 in the personal search.

Issues:

Whether non-compliance with Section 50 in the personal search of the accused invalidates the recovery of contraband material from the vehicle.

Held:

The Supreme Court emphasized that the recovery from the vehicle, even if there was non-compliance with Section 50 in the personal search, should not be invalidated. The court referred to previous judgments, including the Baldev Singh case, stating that non-compliance with Section 50 may render the recovery suspect but does not vitiate the trial if other evidence exists. The court set aside the High Court's acquittal, restored the trial court's conviction, and reduced the sentence to 10 years. The accused were given until November 15, 2019, to surrender. The appeals stand allowed in aforesaid terms.

Facts:

The appellant, H. S. Yadav, filed an appeal under Section 13(2) of the Chhattisgarh Rent Control Act, 2011, directly to the Supreme Court. The constitutional challenge revolved around the authority of the State Legislature to enact a law allowing such a direct appeal.

Issues:

Whether the State Legislature has the competence to enact a law providing an appeal directly to the Supreme Court under the Chhattisgarh Rent Control Act, 2011.

The validity of Section 13(2) in this context.

Held:

The court emphasized that the jurisdiction and powers of the Supreme Court are exclusive to the Union, and the State Legislature lacks the power to enact laws in this regard (Para 12).

Entries 77 and 65 of Lists I and II were referenced, supporting the argument that legislative competence on the jurisdiction and powers of the Supreme Court lies solely with the Union (Para 11).

The court questioned the rationale behind making the order appealable directly to the Supreme Court, criticizing the lack of consideration for the hierarchy of courts in the Act (Para 13).

The court referred to the case of L. Chandrakumar vs. Union of India (1993) 4 SCC 119, which affirmed the writ jurisdiction of High Courts over tribunals constituted under Articles 323A and 323B of the Constitution (Para 16).

The court suggested that the appellant can seek redressal through the High Court under Article 227 and dismissed the appeal filed under Section 13(2) (Para 17).