Facts:

The case originated from a suit filed by the respondents against Swami Sheo Dharmanand and others seeking a declaration as trespassers and for an injunction.

Following the dismissal of the suit, the plaintiffs appealed, and during the pendency of the second appeal, Swami Sheo Dharmanand passed away. The appellants, claiming to be the successors of the deceased, filed separate applications seeking to implead themselves as his legal representatives.

The High Court referred the matter to the trial court under Order 22, Rule 5 of the CPC, which determined one of the appellants as the legal representative. However, the High Court allowed both appellants to participate in the appeal without determining the actual legal representative.

Issues:

Whether the High Court's decision to allow both appellants to participate in the appeal without determining the actual legal representative was correct.

Whether the procedural requirements of Order 22, Rule 5 of the CPC were adhered to.

Held:

The Supreme Court held that the High Court's decision was incorrect and contrary to the procedural requirements of Order 22, Rule 5 of the CPC. The Court emphasized that determining the legal representative must precede the hearing of the appeal on merits. It reiterated that the Court cannot implead all claimants as parties without deciding who will represent the estate of the deceased.

Therefore, the Supreme Court set aside the High Court's order and remitted the matter back to the High Court for determination of the legal representative in accordance with the procedural requirements. The High Court was directed to decide the issue on merits based on the reports submitted by the trial court and any objections or materials provided by the parties.

The Supreme Court clarified that its decision did not express any opinion on the merits of the case and instructed the High Court to deal with any observations made in accordance with the provisions of the law.

Consequently, the appeals were allowed, and all pending applications were disposed of accordingly. No costs were awarded.

Facts:

The case involved an appeal by the State of Maharashtra against the acquittal of the respondent, accused No. 2, who was charged under Section 201 read with Section 34 of the IPC for allegedly destroying evidence in a murder case.

The prosecution's case primarily relied on the testimony of PW7, Pushpabai, as the sole eyewitness to the alleged crime.

Issues:

The reliability and credibility of PW7's testimony, considering the circumstances surrounding the case and the standards set by precedents.

Held:

The Court emphasized the need to scrutinize the evidence when relying on the testimony of a sole eyewitness.

It found several discrepancies and weaknesses in PW7's testimony, including the failure to raise an alarm despite witnessing the crime in a densely populated area without electricity.

The Court noted lapses in the investigation, such as the failure to examine PW7's husband, conduct a test identification parade, and establish a link between the blood stains found at the crime scene and the victim's blood group.

Considering these factors, the Court concluded that it was unsafe to convict the respondent solely based on PW7's testimony.

It upheld the High Court's decision to acquit the respondent, finding no reason to interfere with its judgment.

Thus, the Court dismissed the State's appeal.

Facts:

The Court of Small Causes, Srinagar, issued an injunction order on 22.06.2011, staying arbitration proceedings in a matter titled M/s Ace Enterprises v. Union of India and others.

Subsequently, an application was filed alleging violation of the injunction order and seeking contempt proceedings.

The trial court treated the application as one for contempt, without mentioning any specific provision, and dismissed it on 06.11.2013.

The respondent challenged this order before the High Court, arguing that the trial court lacked jurisdiction to initiate contempt proceedings against itself.

The High Court, considering the relevant provisions of the Jammu and Kashmir Contempt of Courts Act, held that subordinate courts do not possess the jurisdiction to initiate contempt proceedings against themselves.

Issues:

Whether the trial court had the jurisdiction to initiate contempt proceedings against itself.

The proper treatment of applications alleging violation of injunction orders.

Held:

The Supreme Court clarified the jurisdictional issue and directed the reclassification of the application:

The trial court's treatment of the application as one for contempt was erroneous. The Court held that it should be treated under Order XXXIX Rule 2A of the Jammu and Kashmir Code of Civil Procedure instead.

Subordinate courts, as per the Jammu and Kashmir Contempt of Courts Act, do not possess the jurisdiction to initiate contempt proceedings against themselves. The High Court's decision on this matter was upheld by the Supreme Court.

The Supreme Court directed the trial court to determine if there was disobedience of the injunction order and to proceed under Order XXXIX Rule 2A accordingly.

Both parties were allowed to present their arguments before the trial court, and the trial court was instructed to expedite its decision, preferably within three months.

Facts:

M/S ONGC Mangalore Petrochemicals Ltd. (appellant) awarded a contract to M/S Ans Constructions Ltd. (respondent no. 1).

Respondent no. 1 submitted a No Dues/No Claim Certificate on September 21, 2012, and the final bill was paid by the appellant on October 10, 2012.

On October 24, 2012, respondent no. 1 withdrew the No Dues Certificate alleging coercion.

On January 12, 2013, respondent no. 1 submitted a claim of Rs. 96,88,48,642/- for losses incurred during the contract execution.

Issues:

Whether the No Dues Certificate was voluntarily submitted by respondent no. 1 or under coercion?

Whether the claim for losses made by respondent no. 1 was valid considering the circumstances?

Held:

The court emphasized that a contract discharge by agreement or voucher should be validly and voluntarily executed. If coercion, fraud, or undue influence is proven, the discharge becomes void, rendering any subsequent dispute arbitrable.

The court considered whether there was coercion or undue influence in the issuance of the No Dues Certificate, examining the background of the letters exchanged between the parties.

The court noted the belated submission of the claim for losses by respondent no. 1, highlighting the contractual provisions requiring notice within a specific timeframe.

The court found that the No Dues Certificate was voluntarily submitted, and the claim for losses lacked credibility as it was raised after the final bill settlement.

The court concluded that there was no arbitrable dispute, as the voluntary submission of the No Dues Certificate and acceptance of final payment constituted accord and satisfaction.

Decision: The court allowed the appeal, ruling in favor of the appellant.

Facts:

The case revolves around the maintainability of an appeal against the enforcement of a foreign award under the Commercial Courts Act, 2015 and the Arbitration and Conciliation Act, 1996.

Issues:

Whether appeals against the enforcement of foreign awards are maintainable under the Commercial Courts Act, 2015.

The relationship between Section 13(1) of the Commercial Courts Act and Section 50 of the Arbitration and Conciliation Act, 1996.

Interpretation of the doctrine of harmonious construction in the context of both statutes.

Objectives of the Acts and the implications of delaying enforcement of foreign awards.

Held:

The Court held that Section 50 of the Arbitration and Conciliation Act, 1996 is a self-contained provision dealing exhaustively with arbitration matters, including the permissibility of appeals. Hence, appeals not explicitly mentioned in the Act are impermissible. Consequently, Section 13(1) of the Commercial Courts Act, being a general provision, does not apply to cases governed by Section 50 of the Arbitration Act.

The inclusion of Section 37 of the Arbitration Act in the proviso to Section 13(1) of the Commercial Courts Act indicates that appeals under the Arbitration Act follow its provisions alone. This ensures that special provisions of the Arbitration Act take precedence over general provisions of the Commercial Courts Act in matters of arbitration.

Section 50 of the Arbitration Act provides the forum for appeals in arbitration cases. If an appeal lies under Section 50, only then does Section 13(1) of the Commercial Courts Act apply to determine the forum for hearing and deciding such an appeal.

The Court emphasized that both the Arbitration Act and the Commercial Courts Act aim for the speedy resolution of disputes, particularly in commercial matters. Allowing additional appeals under the Commercial Courts Act in cases addressed by Section 50 of the Arbitration Act would undermine the objective of expeditious enforcement of foreign awards.

Decision: The appeals were dismissed, affirming that appeals against the enforcement of foreign awards must follow the provisions of the Arbitration Act alone, to ensure efficient and prompt resolution of commercial disputes.

Facts:

The case revolves around the renewal of mining leases in the state of Goa following reports of large-scale illegal mining. A Commission of Inquiry was appointed, leading to the suspension of all mining operations by the Government of Goa and the abeyance of environmental clearances by the Ministry of Environment and Forests (MoEF). The Goa Foundation filed a PIL seeking termination of mining leases carried out in violation of various statutes. The Supreme Court, in the Goa Foundation case, upheld the suspension orders and directed the grant of fresh leases. However, the State of Goa proceeded to grant second renewals to several mining lease-holders instead of fresh leases. The MoEF lifted the abeyance order on environmental clearances for some cases.

Issues:

Whether the grant of second renewals of mining leases in Goa was in line with the Goa Foundation case's directions for fresh leases.

Whether there is a constitutional mandate for the allocation of natural resources through the auction method.

Whether judicial review of policy decisions regarding natural resource allocation is permissible.

Whether the renewal of a lease must comply with statutory requirements.

Held:

The Court held that the grant of second renewals of mining leases in Goa was erroneous and contrary to the directions given in the Goa Foundation case. The Court emphasized that the Goa Foundation case explicitly directed the grant of fresh leases, not second renewals. Therefore, the second renewals were set aside.

Regarding natural resource allocation, the Court clarified that while there is no constitutional mandate for auctioning natural resources, such allocation should not be arbitrary. The decision to deviate from auctioning is subject to judicial review, particularly if it serves commercial interests over public welfare.

The Court affirmed that judicial review of policy decisions is permissible if they violate constitutional principles or prioritize profit over public welfare. However, the Court cautioned against setting aside policies merely based on disagreement or the existence of a better policy.

The Court emphasized that the renewal of a lease must comply with statutory requirements and cannot be granted without proper consideration, as it constitutes a fresh grant. Therefore, the State of Goa's hasty renewals were unjustified.

Referred Cases :

Ambica Quarry Works Vs. State of Gujarat, (1987) 1 SCC 213

BALCO Employees... Union Regd Vs. Union of India, (2002) 2 SCC 333

Captain Sube Singh Vs. Lt. Governor of Delhi, (2004) 6 SCC 440

Centre for Public Interest Litigation Vs. Union of India, (2012) 3 SCC 1

CIT Vs. Anjum M.H. Ghaswala, (2002) 1 SCC 633

Common Cause Vs. Union of India, (2014) 14 SCC 155

Common Cause Vs. Union of India, (2017) 9 SCC 499

Delhi Development Authority Vs. Durga Chand Kaushish, (1973) 2 SCC 825

Gajraj Singh Vs. State Transport Appellate Tribunal, (1997) 1 SCC 650

Goa Foundation Vs. Union of India, (2014) 6 SCC 590

Goa Foundation Vs. Union of India, (2014) 6 SCC 738

Kasturi Lal, (1980) 4 SCC 1

Lithoferro Vs. State of Goa, (2014) SCC OnLine Bom 997

M.C. Mehta Vs. Union of India, (2004) 12 SCC 118

M/s. Ajar Enterprises Private Limited Vs. Satyanarayan Somani, (2017) 10 SCALE 346

Manohar Lal Sharma Vs. Principal Secretary, (2014) 9 SCC 516

Property Owners... Association Vs. State of Maharashtra, (2013) 7 SCC 522

Provash Chandra Dalui Vs. Biswanath Banerjee, (1989) Supp 1 SCC 487

Quarry Owners' Assn. Vs. State of Bihar, (2000) 8 SCC 655

Rural Litigation and Entitlement Kendra Vs. State of U.P., (1989) Supp 1 SCC 504

S.N. Mohanty Vs. Union of India, (2012) SCC OnLine Del 4000

Sandur Manganese and Iron Ores Limited Vs. State of Karnataka, (2010) 13 SCC 1

State of Assam Vs. Om Prakash Mehta, (1973) 1 SCC 584

State of M.P. Vs. Krishnadas Tikaram, (1995) Supp 1 SCC 587

State of U.P. Vs. Singhara Singh, (1964) 4 SCR 485

State of West Bengal Vs. Calcutta Mineral Supply Company Private Limited, (2015) 8 SCC 655

Tata Iron & Steel Co. Ltd. Vs. Union of India, (1996) 9 SCC 709

Facts:

The petitioner, IQ City Foundation, sought the renewal of permission for the establishment of a medical college in Burdwan, West Bengal, with an annual intake of 150 students.

The Medical Council of India (MCI) had conducted inspections and granted permission for the establishment of the medical college for the academic years 2013-14 to 2016-17.

The MCI recommended against renewing permission for the academic year 2017-18 due to deficiencies found during an inspection.

The petitioner contended that the deficiencies were remediable and challenged the decision.

Issues:

Whether the deficiencies found during the inspection warranted non-renewal of permission for the medical college.

Whether the MCI's approach contradicted the relevant laws and regulations governing medical colleges.

Held:

The court held that while the MCI's power should not be restricted during compliance verification inspections, it emphasized the importance of providing reasons for decisions to ensure objectivity and stability.

The Central Government was directed to provide the petitioner with a further opportunity for hearing and to consider the matter with the assistance of the Oversight Committee. Subsequently, the Central Government upheld the earlier decision not to renew permission for the academic year 2017-18, citing significant deficiencies.

However, the court directed that the petitioner's request for renewal should be considered for the following academic year (2018-19), and any bank guarantee furnished should be treated as a deposit for the next inspection.

Facts:The petitioners, cardiac surgeons at AIIMS, filed a petition under Article 32, seeking determination of their seniority in comparison to the fourth respondent based on a Policy of 1997. They contended that their grades were higher than those of the fourth respondent at the time of their selection as Additional Professors.

Issues:

Whether the delay in seeking legal remedies affects the petitioners' claim.

The interpretation of the Policy of 1997 concerning selection processes.

Whether the ranking assigned to the petitioners breached the Policy of 1997.

Held:The Court noted a significant delay of over twelve years from the recruitment in 2005 to the filing of the petition in November 2017. Despite representations to AIIMS, the petitioners did not pursue legal remedies promptly. The delay was considered unreasonable, especially as the petitioners were aware of AIIMS's consistent position on seniority. Thus, the delay weighed against the petitioners. (Para 17)

The Court interpreted the Policy of 1997, emphasizing that while the gradings by the Selection Committee and technical experts are considered, the final selection "may be made" based on these gradings. This implies an objective assessment, not solely a mechanical totalling of grades, and necessitates considering all relevant aspects, including expert views. The Court clarified that while expert views are valuable, they are not binding, and the Selection Committee must evaluate them along with other relevant circumstances. (Para 20-21)

The Court found that the Selection Committee had considered candidates' performance, records, and the opinion of technical experts while making recommendations in 2005. Therefore, the ranking assigned was not in breach of the Policy of 1997. It deemed unsettling the seniority position after over twelve years unfair, especially since both petitioners and the fourth respondent had been promoted to Professor, with the fourth respondent consistently ranked higher. (Para 22)

Decision: The petition was dismissed.

Facts:

The appellant, Dataram Singh, was accused of cheating the complainant of a substantial amount of money.

A First Information Report (FIR) and a complaint case were lodged against the appellant for offenses under various sections of the Indian Penal Code and the Negotiable Instruments Act.

The appellant was not arrested during the investigations, and there was a considerable delay in the filing of the charge sheet against him.

Despite apprehensions of arrest, the appellant cooperated with the legal proceedings and eventually appeared before the trial judge.

Issues:

Whether the appellant should be granted bail considering the circumstances of the case.

Whether the denial of bail was justified by the lower courts.

Held:

The grant of bail is the general rule, and it should be judiciously exercised by considering various factors, including the accused's conduct during investigations, past criminal record, poverty status, and other relevant circumstances.

Bail should not be withheld as a punishment, and conditions for bail should not be so strict as to make it illusory.

Despite opposition from the complainant, the appellant's conduct during the investigative process, lack of evidence suggesting flight risk or obstruction of justice, and absence of prior involvement in illegal activities warranted the grant of bail.

The court emphasized that its decision to grant bail should not be construed as an opinion on the merits of the allegations against the appellant, which would be determined during the trial.

Ultimately, the court allowed the appeal and granted bail to the appellant, leaving it to the trial judge to impose reasonable conditions for bail.