Facts:

The case involves an appeal by Ramesh Kumar @ Babla against his conviction under Section 307 IPC by the Additional Sessions Judge, Adhoc, Patiala.

The appellant argued for a lesser offense and punishment.

The incident included a clash between two groups resulting in injuries to both parties.

Issues:

Whether the appellant should be convicted under a lesser offense, such as Section 324 or 326 of the IPC.

The severity of the injuries and the appropriateness of the original conviction under Section 307 IPC.

Held:

The Supreme Court examined the evidence and injuries, concluding that only two out of seven injuries were caused by a sharp weapon.

The Court held that the appellant should be convicted under Section 324 IPC instead of Section 307 IPC.

Considering the circumstances, including the appellant's age and settlement in life, the Court modified the sentence.

The appellant was released on executing an appropriate bond before the trial court, with directions to appear and receive a sentence of rigorous imprisonment for one year when called upon.

The appellant was instructed to keep the peace and be of good behavior.

The appeal is allowed.

Facts:

A contract was in place for the purchase of RLNG at a fixed price.

The Central Government made a policy decision to pool RLNG prices, leading to a unilateral increase in gas prices.

Communication from RLNG sellers to the appellant informed them of the price revision based on the government policy.

Issues:

Validity of the policy decision and its impact on the RLNG contract.

Constitutionality of the policy decision in light of Articles 14, 73, and Schedule VII, List I, Entry 53.

Held:

The power of price fixing, though a legislative function, can be delegated and executed through executive orders. RLNG, being an essential commodity, falls under the ambit of the Essential Commodities Act, and the Executive has the authority to fix prices as necessary .

By virtue of Article 73 and Entry 53 of List I, the Union has the legislative and policy-making authority regarding mineral oil resources and inflammable substances, including RLNG. The policy decision in question was taken after due deliberation and in the interest of the public .

The impugned policy decision aimed to unify RLNG prices on a non-discriminatory basis, treating consumers through long-term contracts as a distinct class. The decision was applied uniformly within this class and was not found to be discriminatory, arbitrary, or illegal .

The Supreme Court, in its jurisdiction under Article 136, does not have the competence to judge the viability of government policy decisions. Judicial review should be exercised cautiously, only intervening if the policy is enacted arbitrarily, unreasonably, or with malafide intent or if it violates constitutional provisions ‘

Decision: The appeals were dismissed as there was no demonstrated reason to interfere with the impugned policy decision .

Facts:

The case involves the withdrawal of a suit where MGG, a German company, entered into a Share Purchase and Cooperation Agreement with the shareholders of an Indian company. The ownership title in MGG's shares is acknowledged until the date of the consent award. Claims by GGL and MHL for title over the shares stem from MGG's prior title and an alleged subsequent transfer pursuant to the consent award.

Issues:

Whether the Ruia family (RUIAS) would be entitled, pursuant to the settlement, to have their names entered into the registers of the BOCL (presumably Bombay Oxygen Corporation Limited) as holders of the shares.

The defendants in SUIT-IV are granted the liberty to raise every available defense in law and fact.

Held:

The existence of title in MGG in the shares is not disputed by GGL or MHL until the date of the consent award. GGL and MHL's claim for title over the shares is contingent on MGG's prior title and the alleged subsequent transfer pursuant to the consent award.

In the absence of any legally established right in any party other than MGG, the entitlement of RUIAS to have their names entered into the registers of the BOCL as holders of the shares is a matter for RUIAS to explore.

The defendants in SUIT-IV are granted the liberty to raise every available defense available in law and fact.

Exemplary costs, quantified at Rs. 25,00,000.00 (Rupees Twenty-Five Lakhs only), are imposed on each of the three parties involved.

FACTS:

The appellant, M/S Videocon Industries Ltd., and another were facing trial for alleged contravention of provisions under FERA.

Adjudicating authority imposed penalties against the appellant during the trial.

The tribunal, in an appeal, found no contravention of FERA, setting aside the penalties.

Criminal proceedings continued, and the accused sought discharge based on the tribunal's decision.

ISSUES:

Whether the findings in adjudication proceedings are binding on criminal prosecution?

The impact of exoneration in adjudication proceedings on the criminal proceeding.

HELD:

The Court held that the findings in adjudication proceedings and criminal prosecution are independent. The exoneration on technical grounds may allow prosecution to continue, but exoneration on merits, where the allegations are not sustainable, should halt criminal proceedings. The High Court erred in considering the merits of the tribunal's decision, which was not under challenge. The appeals were allowed, and the order discharging the accused by the Magistrate was restored.

REFERRED CASES:

B.N. Kashyap Vs. Emperor, AIR 1945 Lah 23.

Collector of Customs Vs. L.R. Melwani, AIR 1970 SC 962.

G.L. Didwana Vs. ITO, (1995) Sup (2) SCC 724.

Iqbal Singh Marwah Vs. Meenakshi Marwah, (2005) 4 SCC 370.

K.C. Builders Vs. CIT, (2004) 2 SCC 731.

K.G. Premshankar Vs. Inspector of Police, (2002) 8 SCC 87.

Radheshyam Kejriwal Vs. State of West Bengal, (2011) 3 SCC 581.

Standard Chartered Bank Vs. Directorate of Enforcement, (2006) 4 SCC 278.

Uttam Chand Vs. ITO, (1982) 2 SCC 543.

Facts:

The appellant, a Director in Devi Polymers Private Limited, faced criminal proceedings under various sections of IPC and IT Act.

The dispute involved the creation of a website and payments made for it, with allegations of criminal breach of trust, forgery, and conspiracy against the appellant.

The appellant, as Director of Unit 'C,' engaged consultants to enhance consultancy services, resulting in the creation of a separate entity, Devi Consultancy Services (DCS).

The appellant's actions were contested as forgery and misappropriation, leading to the initiation of criminal proceedings.

Issues:

Whether the appellant's actions constituted offenses under Sections 409, 468, and 471 of IPC and Sections 65 and 66 of the IT Act?

Whether the website's content, specifically mentioning DCS, amounted to forgery and misappropriation of funds?

Held:

The acts of the appellant lacked dishonest intention, and no case was made out under Sections 65 and 66 of the IT Act.

The website's content did not project DCS as an independent entity; hence, forgery allegations were unsubstantiated.

The appellant did not receive any funds individually, and his actions did not fit the descriptions of offenses under Sections 409, 468, and 471 of the IPC.

Quoting the guidelines from Bhajan Lal's case, the court found the criminal proceedings to be an abuse of the court process.

Emphasizing the absence of criminal intent, the court quashed the prosecution against the appellant.

Accordingly, the appeal succeeds. The prosecution is quashed.

Facts:

A contract was in place for the purchase of RLNG at a fixed price.

The Central Government made a policy decision to pool RLNG prices, leading to a unilateral increase in gas prices.

Communication from RLNG sellers to the appellant informed them of the price revision based on the government policy.

Issues:

Validity of the policy decision and its impact on the RLNG contract.

Constitutionality of the policy decision in light of Articles 14, 73, and Schedule VII, List I, Entry 53.

Held:

The power of price fixing, though a legislative function, can be delegated and executed through executive orders. RLNG, being an essential commodity, falls under the ambit of the Essential Commodities Act, and the Executive has the authority to fix prices as necessary .

By virtue of Article 73 and Entry 53 of List I, the Union has the legislative and policy-making authority regarding mineral oil resources and inflammable substances, including RLNG. The policy decision in question was taken after due deliberation and in the interest of the public .

The impugned policy decision aimed to unify RLNG prices on a non-discriminatory basis, treating consumers through long-term contracts as a distinct class. The decision was applied uniformly within this class and was not found to be discriminatory, arbitrary, or illegal .

The Supreme Court, in its jurisdiction under Article 136, does not have the competence to judge the viability of government policy decisions. Judicial review should be exercised cautiously, only intervening if the policy is enacted arbitrarily, unreasonably, or with malafide intent or if it violates constitutional provisions ‘

Decision: The appeals were dismissed as there was no demonstrated reason to interfere with the impugned policy decision .

Facts:

The case involves the withdrawal of a suit where MGG, a German company, entered into a Share Purchase and Cooperation Agreement with the shareholders of an Indian company. The ownership title in MGG's shares is acknowledged until the date of the consent award. Claims by GGL and MHL for title over the shares stem from MGG's prior title and an alleged subsequent transfer pursuant to the consent award.

Issues:

Whether the Ruia family (RUIAS) would be entitled, pursuant to the settlement, to have their names entered into the registers of the BOCL (presumably Bombay Oxygen Corporation Limited) as holders of the shares.

The defendants in SUIT-IV are granted the liberty to raise every available defense in law and fact.

Held:

The existence of title in MGG in the shares is not disputed by GGL or MHL until the date of the consent award. GGL and MHL's claim for title over the shares is contingent on MGG's prior title and the alleged subsequent transfer pursuant to the consent award.

In the absence of any legally established right in any party other than MGG, the entitlement of RUIAS to have their names entered into the registers of the BOCL as holders of the shares is a matter for RUIAS to explore.

The defendants in SUIT-IV are granted the liberty to raise every available defense available in law and fact.

Exemplary costs, quantified at Rs. 25,00,000.00 (Rupees Twenty-Five Lakhs only), are imposed on each of the three parties involved.

FACTS:

The appellant, M/S Videocon Industries Ltd., and another were facing trial for alleged contravention of provisions under FERA.

Adjudicating authority imposed penalties against the appellant during the trial.

The tribunal, in an appeal, found no contravention of FERA, setting aside the penalties.

Criminal proceedings continued, and the accused sought discharge based on the tribunal's decision.

ISSUES:

Whether the findings in adjudication proceedings are binding on criminal prosecution?

The impact of exoneration in adjudication proceedings on the criminal proceeding.

HELD:

The Court held that the findings in adjudication proceedings and criminal prosecution are independent. The exoneration on technical grounds may allow prosecution to continue, but exoneration on merits, where the allegations are not sustainable, should halt criminal proceedings. The High Court erred in considering the merits of the tribunal's decision, which was not under challenge. The appeals were allowed, and the order discharging the accused by the Magistrate was restored.

REFERRED CASES:

B.N. Kashyap Vs. Emperor, AIR 1945 Lah 23.

Collector of Customs Vs. L.R. Melwani, AIR 1970 SC 962.

G.L. Didwana Vs. ITO, (1995) Sup (2) SCC 724.

Iqbal Singh Marwah Vs. Meenakshi Marwah, (2005) 4 SCC 370.

K.C. Builders Vs. CIT, (2004) 2 SCC 731.

K.G. Premshankar Vs. Inspector of Police, (2002) 8 SCC 87.

Radheshyam Kejriwal Vs. State of West Bengal, (2011) 3 SCC 581.

Standard Chartered Bank Vs. Directorate of Enforcement, (2006) 4 SCC 278.

Uttam Chand Vs. ITO, (1982) 2 SCC 543.

Facts:

The appellant, a Director in Devi Polymers Private Limited, faced criminal proceedings under various sections of IPC and IT Act.

The dispute involved the creation of a website and payments made for it, with allegations of criminal breach of trust, forgery, and conspiracy against the appellant.

The appellant, as Director of Unit 'C,' engaged consultants to enhance consultancy services, resulting in the creation of a separate entity, Devi Consultancy Services (DCS).

The appellant's actions were contested as forgery and misappropriation, leading to the initiation of criminal proceedings.

Issues:

Whether the appellant's actions constituted offenses under Sections 409, 468, and 471 of IPC and Sections 65 and 66 of the IT Act?

Whether the website's content, specifically mentioning DCS, amounted to forgery and misappropriation of funds?

Held:

The acts of the appellant lacked dishonest intention, and no case was made out under Sections 65 and 66 of the IT Act.

The website's content did not project DCS as an independent entity; hence, forgery allegations were unsubstantiated.

The appellant did not receive any funds individually, and his actions did not fit the descriptions of offenses under Sections 409, 468, and 471 of the IPC.

Quoting the guidelines from Bhajan Lal's case, the court found the criminal proceedings to be an abuse of the court process.

Emphasizing the absence of criminal intent, the court quashed the prosecution against the appellant.

Accordingly, the appeal succeeds. The prosecution is quashed.