Facts:

Satpal Singh appealed against the rejection of his anticipatory bail application under Sections 22 and 29 of the NDPS Act.

The High Court declined his bail, emphasizing the stringent provisions of Section 37 of the NDPS Act.

Issues:

Whether the rejection of anticipatory bail by the High Court was justified under Section 37 of the NDPS Act.

Whether the lower court's failure to properly consider the provisions of the NDPS Act was acceptable.

Held:

The Court held that the rejection of anticipatory bail by the High Court was justified under Section 37 of the NDPS Act. It further noted the failure of the lower court to properly consider the provisions of the NDPS Act and criticized the lackadaisical approach of the prosecution in not promptly challenging the anticipatory bail of the co-accused.

The Court set aside the orders of both the High Court and the Sessions Court and directed all accused parties to surrender before the trial court. They were allowed to apply for regular bail, which would be considered on its merits by the Sessions Court.

Facts:

The term of the Chairperson of the National Green Tribunal had ended, necessitating the appointment of an acting Chairperson by the Central Government.

The Attorney General provided a comparative chart detailing the relevant details of two senior judicial members of the NGT, Justice Jawad Rahim and Justice Raghuvendra S. Rathore.

Issues:

The determine who should act as the Chairperson of the NGT until a new appointment was made, in accordance with Section 11 of the National Green Tribunal Act, 2010.

Held:

The Court held that Justice Jawad Rahim would act as the Chairperson of the NGT until a regular appointment was made, based on his seniority in terms of his appointment as a High Court Judge and his subsequent appointment to the NGT.

This decision was made to ensure the smooth functioning of the NGT and to allow Justice Rahim to participate in the selection process for filling vacancies of members in the NGT.

The appointment of Justice Rahim as the acting Chairperson was deemed purely interim and did not constitute a final determination of seniority between him and Justice Rathore.

The decision was made in accordance with the seniority indicated in an office order dated March 15, 2016, which outlined the seniority among judicial and expert members of the NGT.

Facts:

The Municipal Corporation of Ujjain issued a Notice Inviting Tender (NIT) for the appointment of an agency for Municipal Solid Waste Door to Door Collection and Transportation. The tender process involved a technical bid and a financial bid, and Global Waste Management Cell Private Limited (GWMC) emerged as the highest scorer and was awarded the contract. An unsuccessful bidder (respondent no.1) challenged the contract award in court, alleging irregularities in the evaluation process.

Issues:

Whether the High Court could question the technical qualifications judgment of the expert consultant without evidence of unreasonableness, irrationality, or bias.

Whether a bidder can rely on the technical qualifications of a third party if it submits a bid independently.

Whether the High Court can independently evaluate technical and financial bids without clear indications of bias, arbitrariness, or irrationality.

Whether the public interest was adequately considered in the tender evaluation process.

Held:

The Supreme Court held that the High Court should not have interfered with the decision of the expert consultant, as there was no evidence of bias or malafide. The decision was taken based on public interest and the qualifications of the successful bidder.

The Court ruled that a bidder cannot rely on the technical qualifications of a third party if it submits a bid independently. The High Court erred in considering such reliance.

The Supreme Court held that the High Court should not independently evaluate technical and financial bids unless there are clear indications of bias, arbitrariness, or irrationality. Courts should exercise judicial restraint unless serious procedural irregularities exist.

The Court emphasized that the authority has the discretion to choose the best bidder considering public interest and the quality of work. The High Court should not compel the authority to select an undeserving bidder and must not ignore public interest while reviewing tender decisions.

Facts:

The case involved allegations of corruption against public servants, triggering a legal question regarding the requirement of prior sanction for prosecution under Section 19 of the Prevention of Corruption Act, 1988 (P.C. Act), before initiating an investigation under Section 156(3) of the Code of Criminal Procedure, 1973 (Cr.P.C.).

Issues:

Whether the requirement of prior sanction for prosecution under Section 19(1) of the P.C. Act applies to the initiation of an investigation under Section 156(3) of the Cr.P.C., even before taking cognizance of the offense.

Whether the interplay between the P.C. Act offenses and the provisions of the Cr.P.C. necessitates a different interpretation regarding the initiation of investigations involving public servants.

Held:

The court acknowledged that a Magistrate must apply their mind even at the stage of directing an investigation under Section 156(3) of the Cr.P.C. Acting mechanically is not acceptable.( Para 33)

The court raised the question of whether the requirement of prior sanction under Section 19(1) of the P.C. Act should influence the initiation of an investigation under Section 156(3) of the Cr.P.C., especially considering the different provisions and purposes of the two statutes.( Para 34)

Referring to the case law, the court emphasized the Magistrate's authority to direct the registration of an FIR under Section 156(3) of the Cr.P.C. based on the complaint's disclosure of a cognizable offense.( Para 35)

Given the complexity arising from the interplay between offenses under the P.C. Act and the provisions of the Cr.P.C., the court referred the matter to a larger Bench for resolution.( Para 36)

The court addressed the specific issue of one respondent seeking deletion from the array of parties, emphasizing that mere inclusion in a complaint does not automatically justify inclusion as an accused. The respondent was struck off unless further investigation revealed material warranting their inclusion.( Para 38-47)

It was clarified that if further investigation under Section 156(3) of the Cr.P.C. revealed material warranting the inclusion of the respondent as an accused, the order would not prevent such inclusion.( Para 48)

Facts:

Mackintosh Burn Limited, a public company majority-owned by the Government of West Bengal, refused to register the transfer of 100 shares purchased by Sarkar and Chowdhury Enterprises Private Limited.

The dispute arose when the respondent sought registration of shares, which would increase its holding to 39.77%.

The appellant argued that the respondent was controlled by a competitor and thus refused registration.

Issues:

Whether the Company Law Board's decision to direct registration of shares was justified.

Whether the High Court properly addressed the legal questions raised in the appeal.

Whether the Supreme Court should uphold the decisions of the lower courts or remit the case for fresh consideration.

Held:

The Supreme Court held that the High Court and the Company Law Board erred in their interpretations of the law and application of principles. The Court set aside all previous orders and remitted the case to the Company Law Board (now the National Company Law Tribunal) for fresh consideration. The Court directed the Tribunal to decide the appeal without being influenced by previous findings and observations. Additionally, the Tribunal was instructed to expedite the process due to the case's age.

The Supreme Court emphasized that refusal of registration of shares on sufficient cause is a question of law, and the Company Law Board must consider all relevant factors, including potential competition issues. The Court highlighted that the appellant had raised various legal questions beyond the issue of limitation in the appeal, which the High Court failed to adequately address. Therefore, a fresh consideration by the Tribunal was deemed necessary.

This decision was made to ensure fair and impartial judgment in accordance with the Companies Act and relevant regulations.

Facts:

The case involved a dispute arising from the marriage between Muthulakshmi (Accused No. 4) and Murugan. Due to strained relations between the families, the accused attacked Murugan, resulting in his death, and later attacked Poomari, leading to her death as well.

Issues:

The defense argued that the witnesses, who were family members of the deceased, were interested witnesses and their testimonies should not be given undue weight.

Additionally, the defense presented evidence to challenge the presence of one witness at the school during the time of the incident.

Held:

The Supreme Court held that being related to the deceased does not automatically make a witness interested. It emphasized that related witnesses cannot per se be discarded and that their evidence should be evaluated carefully. The court found that the testimonies of the family members provided consistent and credible evidence, which was corroborated by medical evidence (Paragraphs 9-15).

The court also considered the defense evidence but found it unconvincing, noting discrepancies in the attendance records presented. Therefore, the High Court's judgment was upheld, and the appeals were dismissed, thereby confirming the conviction and sentence of the appellants (Paragraphs 16-18).

Facts:

The appellant, Bharatkumar Rameshchandra Barot, was convicted for offences under Section 302 IPC and Section 135 of the Bombay Police Act by the Sessions Court. He was sentenced to 10 years' rigorous imprisonment. The State of Gujarat appealed against the leniency of the sentence under Section 377 of the CrPC, seeking enhancement of the sentence to life imprisonment. The High Court allowed the appeal and enhanced the sentence, prompting the appellant to file this appeal in the Supreme Court.

Issues:

Whether the High Court's enhancement of the appellant's sentence was legal and justified.

Whether the appellant was denied adequate opportunity to defend himself during the appeal process.

Held:

The Court dismissed the appeal and upheld the High Court's decision to enhance the appellant's sentence to life imprisonment. The Court held that any punishment less than life imprisonment for murder under Section 302 IPC is illegal.

The Court found that the appellant was served with notice of the appeal and had the opportunity to defend himself, but he failed to appear or file a regular appeal challenging his conviction.

Therefore, the High Court's appointment of an amicus curiae was justified. Compliance with the procedural requirements of Section 377(3) of the CrPC was found adequate by the Supreme Court.

Facts:

Satyendra Kumar Mehra (also spelled as Satendera Kumar Mehra) appealed against his conviction under various sections of the Indian Penal Code (IPC) related to fraud. The trial court convicted Mehra and imposed a sentence with a fine. He filed an appeal before the High Court and sought the suspension of his sentence.

Issues:

Whether Section 357(2) of the Code of Criminal Procedure, 1973 automatically stays the payment of fine as part of the sentence pending appeal.

Held:

The court clarified that Section 357(2) of the Code of Criminal Procedure, 1973 does not stay the sentence of fine during the pendency of the appeal. The purpose of Section 357(2) is to defer or withhold the utilization of compensation awarded until the appeal process is completed. It does not relate to the suspension of sentence or stay of fine.

The court further explained that Section 357(2) is applicable only when the court orders payment of compensation utilizing the fine as part of the sentence or directs compensation under specific circumstances mentioned in Section 357(1) or (3). Since there was no such direction from the trial court in the present case, Section 357(2) was not applicable.

Therefore, the High Court was justified in directing the appellant to deposit the fine amount pending appeal. The court dismissed the appeal, affirming the decision of the High Court.

Facts:

Netram Sahu (the appellant) worked as a daily wager for 22 years and 1 month, then his services were regularized as a Pump Operator by the State of Chhattisgarh. The appellant retired on 30.07.2011 but was not paid gratuity. He filed for gratuity under the Payment of Gratuity Act, 1972. The Controlling Authority allowed the application, but the High Court later set aside this decision, leading to the appellant's appeal to the Supreme Court.

Issues:

Whether the appellant, having served 22 years as a daily wager and 3 years as a regular employee, was entitled to gratuity as per the Payment of Gratuity Act, 1972.

Held:

The Supreme Court ruled in favor of the appellant, stating that he is entitled to gratuity. The Court emphasized that the appellant actually served for 25 years, with 22 years under the State. The regularization of his services by the State made him eligible for gratuity regardless of his earlier status as a daily wager.

The Court criticized the State's opposition to the appellant's legitimate claim and ordered the State to pay the gratuity along with a cost of Rs. 25,000 to the appellant within three months.