Facts:

The High Court of Punjab & Haryana disposed of second appeals without framing substantial questions of law, which is a prerequisite under Section 100 of the Code of Civil Procedure. The appeals arose from a judgment of the First Appellate Court related to property disputes.

Issues:

Whether the High Court has the jurisdiction to allow second appeals without framing substantial questions of law.

The correctness of the judgment of the First Appellate Court in the context of property entitlement.

Held:

The High Court, in allowing second appeals, erred in not framing substantial questions of law as required by Section 100 of the Code.

Remanding the cases to the High Court for fresh disposal on merits, emphasizing the mandatory nature of framing substantial questions of law.

The High Court must adhere to the proper procedure and frame substantial questions before deciding second appeals.

Facts:

Respondent No. 1 filed a complaint under Section 138 of the Negotiable Instrument Act against the appellant.

Judicial Magistrate found the appellant guilty, imposing imprisonment, fine, and compensation.

Appellate Court allowed the appeal, remanding the case for fresh evidence.

High Court, in revision, awarded imprisonment and compensation, questioning the legality of the remand.

Issues:

Legality of the Appellate Court's decision to remand the case.

Jurisdictional error by the High Court in deciding the complaint on merits instead of addressing the remand issue.

Held:

The High Court erred in allowing the revision and sentencing the appellant without addressing the legality of the remand.

The Appellate Court also erred in remanding the case, as there was enough material to decide the appeal on merits.

Decision: The appeal is allowed, setting aside the High Court's order and the Appellate Court's remand decision.Criminal Appeal No. 7/2005 is restored to its original file.The Appellate Court is directed to decide the appeal afresh on merits within six months, without being influenced by prior observations.

Facts:

Rajinder Tiwari filed a civil suit for permanent injunction against Kedar Nath.

The trial faced procedural issues, with the defendant unable to submit a written statement, affecting the evidence presentation.

Initial decrees were made in favor of the plaintiff, but the High Court reversed the decision.

Issues:

Whether the High Court was justified in allowing the defendant's second appeal.

The adequacy of the trial and the denial of the defendant's right to file a written statement.

Held:

The trial was unsatisfactory due to the defendant's lack of opportunity to submit a written statement.

The absence of a written statement impeded the defendant from presenting proper evidence.

The rights of both parties were compromised, leading to a decision based on insufficient evidence.

The Supreme Court allowed the appeals, set aside the impugned orders, and remanded the case to the Trial Court for a fresh trial on merits.

The Trial Court was instructed to ensure a fair opportunity for both parties, allowing the defendant to file a written statement and present oral and documentary evidence.

Facts:

The appellant, M/S. Achal Industries, challenged the levy of turnover tax on the total turnover as per Section 6-B(1) of the Karnataka Sales Tax Act, 1957. The appellant contended that turnover tax should apply only to the "taxable turnover" and not the entire "total turnover." Assessments for the years 1990-91 to 1999-2000 were disputed, and the appellant argued that the interpretation of Section 6-B(1) was a misconstruction.

Issues:

The interpretation of the term "total turnover" in Section 6-B(1) and whether turnover tax could be levied on the entire turnover or only on the "taxable turnover."

Held:

The Court examined the pre-amendment version of the Karnataka Sales Tax Act and noted that the expression "total turnover" under Section 6-B(1) was for the identification and classification of dealers for prescribing tax rates. The first proviso provided an exhaustive list of deductions, emphasizing that nothing else could be deducted from the total turnover for the purpose of turnover tax.( Para 8)

Referring to M/s. Hoechst Pharmaceuticals Ltd. and Others case (1983), the Court highlighted the economic superiority principle for levying turnover tax. The Court emphasized that the interpretation of the statute should not depend on contingency and applied a strict rule of interpretation, especially in taxation statutes.( Para 10)

The Court reiterated that the term "total turnover" in Section 6-B(1) was meant for the identification and classification of dealers, and the provisos made it clear that only deductions mentioned therein were allowed. The argument that "total turnover" should be read as "taxable turnover" was deemed unsustainable.( Para 12)

The Court dismissed the appeals, stating that the submissions lacked substance. The decision was in line with the interpretation that turnover tax applied to the entire "total turnover" as defined in Section 2(u-2) of the Karnataka Sales Tax Act.( Para 13)

Facts:

Two incidents of fire on 25th September, 2013, and 25th October, 2013.

Appellant settled claims based on surveyor's reports through emails.

Respondent accepted the settlements without protest.

After 11 weeks, respondent claimed coercion and undue influence in signing discharge vouchers.

Respondent filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking the appointment of an arbitrator.

Issues:

Whether the discharge and signing of the letter of subrogation were voluntary or under coercion.

Whether there exists a prima facie arbitral dispute for the appointment of an arbitrator.

Held:

Appointment of an arbitrator is a judicial power, not a mere administrative function.

Examination of the existence of a prima facie arbitration agreement is necessary to avoid unnecessary protraction of the dispute resolution process.

Prima facie, no dispute subsisted after the discharge vouchers were signed without protest and settlement of the claims.

The High Court erred in appointing an arbitrator without supportive evidence of a prima facie arbitral dispute.

The appeals are allowed, and the High Court's order is set aside.

Facts:

The Serious Fraud Investigation Office (SFIO) was directed to investigate certain entities and submit a report within three months. The petitioners were subsequently arrested by SFIO after the expiration of the specified period for investigation.

Issues:

Whether the period specified for submitting a report by SFIO under Section 212(3) is mandatory or directory? Was the arrest after the specified period illegal?

Held:

In Habeas Corpus proceedings, the court must consider the legality of detention at the time of the return. The act of directing remand is a judicial function, and challenging the order of remand should not be entertained in a habeas corpus petition. The High Court was not justified in directing the release of the accused.

The High Court should not have entertained the challenge to the remand orders. The accused were produced before a competent court, and the challenge to the legality of detention should have been raised in the appropriate appellate or revisional forum.

The High Court, while having jurisdiction, erred in entertaining the petition challenging the detention based on valid remand orders.

The accused were allegedly guilty of a serious offence of fraud in relation to the affairs of a company. SFIO, being empowered under Section 212, had the authority to investigate and submit a report as per the provisions of the Companies Act, 2013.

Section 212(3) does not specify a fixed period for submitting a report. Even under sub-Section (12), there is no stipulation for the completion period of investigation. The statute has not prescribed any period for the investigation's completion.

The term "assign" in Section 212(3) contemplates a complete transfer of investigation to SFIO, and there is no provision for re-transfer to original investigating agencies.

The prescription of the period for submitting a report is purely directory. The mandate in favor of SFIO does not end with the expiry of the specified period, and the arrest after the expiry was not illegal.

While laying down a procedure, if no adverse consequences are contemplated for non-adherence, the provision is considered directory. The interpretation that the mandate ends with the expiry of the period would be incongruous and against the legislative intent.

Facts:

The Bench had earlier held Mr. Mathews J. Nedumpara guilty of contempt in the face of the Court.

Notice was issued to Mr. Nedumpara regarding the punishment for the contempt.

Issues:

Determining the punishment for Mr. Nedumpara's contemptuous behavior in the face of the Court.

Held:

Mr. Nedumpara, in his appearance, attempted various tactics to delay proceedings.

He later tendered an apology through a sworn affidavit, expressing regret for his actions.

The Court, considering the affidavit and the incidents in both the Bombay High Court and the Supreme Court, sentenced Mr. Nedumpara to three months imprisonment, suspended on the condition of his future adherence to not browbeating any judge.

Additionally, Mr. Nedumpara was barred from practicing as an Advocate before the Supreme Court for one year.

FACTS:

The Government announced tax and Central Excise concessions to attract investments in industrial sectors in states like Uttarakhand and Himachal Pradesh.

An exemption notification (No. 50/2003-Central Excise) was issued for units in specified areas, providing 100% outright excise duty exemption for ten years.

Bajaj Auto Limited, an appellant, established a manufacturing unit in 2007 and was exempted from Central Excise Duty.

Dispute arose regarding the payment of NCCD, Education Cess, and Secondary & Higher Education Cess.

The appellant argued that since it was exempted from excise duty, these cesses should also be exempt.

ISSUES:

Whether the exemption from excise duty extends to NCCD, Education Cess, and Secondary & Higher Education Cess.

Interpretation of the exemption notification and its application to the appellant.

HELD:

The judgment clarified that NCCD, though levied on the product, maintains its character as an excise duty. The exemption notification covers the "whole of the duty of excise or additional duty of excise." Therefore, once excise duty is exempted, NCCD is also entitled to the benefit of the exemption notification.( Para 22)

The exemption notification explicitly states that the exemption is for ten years from the date of commercial production of the unit. This further supports the conclusion that the appellant is not liable to pay NCCD.( Para 23)

DECISION: The impugned orders were set aside, the show cause notice was quashed, and it was held that the appellant is not liable to pay NCCD, Education Cess, and Secondary & Higher Education Cess.

REFERRED CASES:

Banswara Syntex Ltd. v. Union of India, 2007 SCC OnLine Raj 365 : (2007) 216 ELT 16

Novopan India Ltd., Hyderabad v. CCE and Customs, Hyderabad, 1994 Supp (3) SCC 606

SRD Nutrients Pvt Ltd. v. Commissioner of Central Excise, Guwahati, (2018) 1 SCC 105.

Union of India v. Wood Papers Ltd. (1990) 4 SCC 256

Facts:

The respondent-State invited tenders for irrigation works, and the appellant-contractor entered into three agreements. The appellant raised various claims, and the arbitrator awarded sums on some claims while rejecting others. Both parties filed applications challenging the award. The High Court found the awards unsustainable based on clause 59 of the Agreement.

Issues:

Validity of Claim No.1 related to extra lead for quarrying stone.

Non-supply of food grains as per the agreement conditions (Claim No.3).

Reimbursement of short supply of cement (Claim No.4).

Claim on account of stock of materials accumulated by the contractor (Claim No.7).

Interest of 18% p.a. under the Interest Act (Claim No.9).

Held:

Claim No.1: The appellant claimed extra lead for quarrying stone. Clause 59 prohibits compensation for delays caused by any party. However, as Claim No.1 wasn't related to delay but to extra lead, the appellant was entitled to the difference in the rate. The amount was to be calculated based on the cost of conveyance at the rate of Rs.13.75, and the sub-court's decision was sustained under Article 142.

Claim No.3: The claim for non-supply of food grains was found untenable. The contract specified that the appellant was to supply food grains only if available from the Government. The appellant's contention that the clause was attractive at the time of tender submission was rejected. The award by the arbitrator was not sustained.

Claim No.4: The claim for reimbursement of short supply of cement was not hit by Clause 59, but the appellant failed to provide sufficient evidence. The appellant didn't produce a ledger, vouchers, or bills supporting the purchase of cement from outside sources. Without proper documentation, the claim was not accepted.

Claim No.7: The claim for materials accumulated by the contractor was rejected as the appellant didn't use the materials for the work. The claim was based on an alleged assurance and delays, but Clause 59 prevented compensation for delays due to any cause whatsoever.

Claim No.9: Regarding interest at 18% p.a., the arbitrator awarded interest at 12%, excluding the period from the commencement of proceedings till the award date. The court restored the interest as awarded by the arbitrator.