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:

B.N. Firos, proprietor of Comtech IT Solutions, challenged a notification declaring certain computer systems as "protected systems" under the Information Technology Act, 2000.

Firos developed software for the "FRIENDS" project initiated by the State of Kerala.

Disputes arose over the ownership of copyright for the software developed for the project.

Issues:

The ownership of copyright in the software developed for the government project.

The validity of the notification under the Information Technology Act, 2000, was also questioned.

Held:

The Supreme Court upheld the High Court's decision, affirming that Firos did not have valid copyright ownership in the software developed for the government project.

The court held that Firos, by virtue of his agreement with Microsoft, did not own the copyright, as Microsoft was the first owner under Section 17(a) of the Copyright Act, having paid Firos for the software development.

Additionally, the Memorandum of Understanding stated that intellectual property rights in software developed for government projects vested in the government, further supporting the rejection of Firos's copyright claim.

The court dismissed Firos's appeal, directing each party to bear its own costs.

Facts:

Anilkumar Patel and Pravinchandra Patel, brothers, initiated arbitration proceedings to partition their assets.

An arbitral award was passed on 07.07.1996, which was signed by both parties.

Anilkumar Patel and his family members challenged the award, claiming they were not served with a copy and alleging fraud.

Anilkumar Patel, as head of the family, received the award on behalf of his family members.

Issues:

Whether service of the arbitral award on Anilkumar Patel constituted service on his family members.

Whether the challenge to the award was time-barred.

Held:

The Court held that the limitation period for challenging the arbitral award starts from the date of receipt of the award, and service on Anilkumar Patel amounted to service on all his family members involved in the proceedings. The Court noted various instances where Anilkumar Patel had acknowledged the award and used it in legal proceedings, indicating awareness of the award. Thus, the Court dismissed the appeals, affirming the High Court's decision that the challenge to the award was time-barred.

The Court found no reason to interfere with the High Court's judgment, concluding that service of the award on Anilkumar Patel was in compliance with the law, and the challenge to the award was indeed barred by limitation.

Facts:

The writ petition (Civil) No. 231 of 2010 was filed seeking directions to the State Governments and the Central Government to combat honour crimes effectively. The petition also sought the submission of State and National Plans of Action to curb such crimes, as well as the establishment of special cells for prosecution in such cases.

Issues:

Whether any form of torture or ill-treatment in the name of honour, restricting an individual's choice regarding love and marriage, is illegal and unconstitutional.

Additionally, the court considered the role of informal institutions like Khap Panchayats in enforcing such restrictions and the violation of fundamental rights therein.

Held:

The court held that class honour cannot suppress an individual's right to liberty, which is enshrined in the compassionate Constitution of India. The old feudal perceptions must yield to the new, and any infringement upon individual rights is unconstitutional.

The court noted the devastating effect of honour crimes on individual rights and emphasized the autonomy of every person in matters concerning themselves. The Law Commission's report highlighted the extinguishment of individual rights due to societal pressure and communal punishments.

Honour killings violate human rights and undermine the rule of law. The court stressed that individuals' rights cannot be subjugated to family or clan honour, and any justification for such crimes is illegal.

Consent of the family or community is not necessary once two consenting adults agree to marry. The determination of criminality must be based on formal legal processes, and informal institutions like Khap Panchayats have no authority to interfere in matters of individual choice.

Khap Panchayats or similar assemblies cannot take the law into their own hands or act as law enforcement agencies. Any illegal activity must be stopped, and only formal institutions can determine rights and violations thereof.

Honour killings are condemned as serious human rights violations, and international instruments address this issue. The court highlighted the need for legislative action to address honour crimes effectively.

Protection of human rights is paramount, and any assault on human dignity undermines the majesty of law. The court recommended legislative action to address the scourge of honour killings.

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:

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.