Facts:

The appellants borrowed funds from the respondent, Hero Fincorp Ltd., against the security of seven immovable properties.

The appellants' account with the respondent became a Non-Performing Asset (NPA).

Prior to the invocation of arbitration, the SARFAESI Act was extended to Non-Banking Financial Companies (NBFCs) like the respondent.

Notices were issued under Section 13(2) of the SARFAESI Act for the properties mortgaged by the appellants.

The respondent initiated arbitration proceedings as per the agreement between the parties, which contained an arbitration clause.

Issues:

Whether simultaneous proceedings for debt recovery under the Arbitration and Conciliation Act, 1996, and the SARFAESI Act, 2002, are permissible?

Held:

The court held that simultaneous proceedings under the SARFAESI Act and the Arbitration Act are permissible. It emphasized that the SARFAESI Act provides a remedy in addition to the provisions of the Arbitration Act, 1996.

The court clarified that the initiation of arbitration proceedings does not prejudice the rights of the respondent to seek relief under the SARFAESI Act. It highlighted that arbitration is an alternative to civil proceedings, and the parties have the freedom to choose a forum for resolving their disputes.

The court reiterated that the SARFAESI Act is a procedural remedy, not a substantive right. It emphasized that both the SARFAESI Act and the Arbitration Act serve as cumulative remedies for secured creditors.

The court addressed the issue of retroactivity and clarified that the SARFAESI Act applies to all existing agreements, irrespective of the notification status of the lender as a financial institution at the time of the agreement.

The court emphasized that the SARFAESI Act provides a procedural remedy against security interest already created and applies to existing borrowers, even if the lender was not a notified financial institution at the time of agreement.

Facts:The case involves allegations against individuals who received confidential information about impending trades of their company and traded on it, leading to substantial profits. The practice under consideration is 'front-running' in the securities market.

Issues:

Whether non-intermediary front-running constitutes a prohibited practice under relevant securities regulations.

Held:Discuss the definition of fraud, the evolution of regulations, and the elements necessary to establish fraudulent practices under the Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003.

Analyze Regulation 2(c) of the 2003 Regulations and emphasize the broad and expansive nature of the definition of fraud. Paragraphs 6 to 14 discuss the application of this definition to the facts of the case, including the involvement of the accused individuals in trading based on confidential information.

Decision:The court concludes that non-intermediary front-running constitutes a prohibited practice under the relevant securities regulations. The accused individuals, by trading on confidential information, were found to have committed fraud, inducing others to deal in securities. Consequently, they are held liable for breaching securities market integrity.

Facts:

The arbitral tribunal, appointed with the consent of the parties, directed the respondent-claimant to file its statement of claim.

However, the respondent failed to file the statement of claim within the stipulated time.

Consequently, the arbitral tribunal terminated the proceedings as per Section 25(a) of the Arbitration and Conciliation Act, 1996.

The respondent subsequently filed an application before the arbitral tribunal, seeking the recall of the order terminating the proceedings, citing reasons for the non-filing of the statement of claim.

The appellant contested the maintainability of the application, arguing that the arbitral tribunal had become functus officio after terminating the proceedings under Section 25(a).

Issues:

Whether the arbitral tribunal has the jurisdiction to recall its order terminating the proceedings under Section 25(a)?

Whether the termination of proceedings under Section 25(a) can be treated as covered by Section 32(2)(c) of the Arbitration and Conciliation Act, 1996?

What is the nature of arbitration proceedings, and does the Code of Civil Procedure, 1908, apply to such proceedings?

Held:

The arbitration process is quasi-judicial and equitable in nature, differing from litigation in a court. The power and functions of the arbitral tribunal are statutorily regulated. The tribunal is empowered to recall its order terminating proceedings under Section 25(a) if sufficient cause is shown by the respondent.

The termination of proceedings under Section 25(a) cannot be treated as covered by Section 32(2)(c) of the Arbitration and Conciliation Act, 1996. Section 32(2)(c) contemplates different grounds for termination, distinct from the situation arising under Section 25(a).

The arbitral tribunal has the power of procedural review, akin to a quasi-judicial authority. While the tribunal is not bound by the procedural rules of the Civil Procedure Code, it can draw sustenance from its fundamental principles. The principles underlying Order 9 Rule 13 of the Code of Civil Procedure can be invoked by the arbitrator unless parties agree otherwise.

Decision: The appeal is dismissed, affirming the decision of the High Court. The arbitral tribunal is directed to reconsider the application filed by the respondent for the recall of the order terminating the proceedings, taking into account the principles outlined in this judgment.

Facts:

The case concerned the constitutional validity of Section 115-O of the Income Tax Act, 1961, inserted by the Finance Act of 1997, which imposed an additional tax on the dividend distributed by a company. The tea companies involved argued that the income from which the dividend was distributed was agricultural income to the extent of 60%.

Issues:

Whether the imposition of an additional tax on dividend distribution by domestic companies fell within the legislative competence of the Parliament, considering the argument that such income was agricultural income, subject to the exclusive power of the State Legislature.

Held:

The court interpreted the legislative powers of the Union Parliament under Entry 82 of List I of the Seventh Schedule of the Constitution of India, which deals with "Taxes on income other than agricultural income." It held that the imposition of additional tax on dividend distribution fell within the legislative competence of the Parliament (para 22).

The court clarified that the income from which the dividend was distributed did not necessarily retain the character of agricultural income when distributed as dividends to shareholders (para 24).

It was emphasized that any limitation imposed on Section 115-O would alter the provision and was not warranted (para 27).

Decision: The court upheld the constitutional validity of Section 115-O and ruled that any limitation imposed on the provision would be unwarranted (para 34).

Facts:

The appellant was charged with the murder of Shantabai, a widow residing with her son. The prosecution alleged that the appellant, who frequently visited Shantabai, was last seen with her before her disappearance. Later, Shantabai's decomposed body was found in a dry well.

Issues:

The reliability of circumstantial evidence, including the recovery of silver ornaments from the appellant's house and the timing of events leading to Shantabai's death.

Held:

The court found various discrepancies and contradictions in the prosecution's case, including errors in the timing of events and inconsistencies in witness testimonies. Despite strong suspicion against the appellant, the court held that suspicion alone is insufficient to establish guilt beyond a reasonable doubt. Therefore, considering the material contradictions and failure to establish a complete chain of circumstances, the court granted the appellant the benefit of doubt and set aside his conviction under Section 302 of the IPC. This decision was in line with established legal principles regarding circumstantial evidence and the requirement for a complete chain of circumstances to prove guilt beyond a reasonable doubt. We accordingly allow the appeal.

Facts:

The case pertains to the interpretation of Section 9(5) of the Insolvency and Bankruptcy Code, 2016, concerning the time limit for rectifying defects in the application for the initiation of the corporate insolvency resolution process.

Issues:

Whether the time limit mentioned in the proviso for subsection (5) of Section 9 of the Insolvency and Bankruptcy Code, 2016, is mandatory or directory in nature.

Held:

The court found that the provision for removing defects within seven days is directory, not mandatory (Para 20).

It was discussed whether the rejection of the application due to failure to rectify defects should be considered a rejection on merits or an administrative action. The court concluded that such rejection should be viewed as administrative, allowing the applicant to file a fresh, complete application (Para 21).

The court outlined three stages of the application process: filing, scrutiny, and adjudication. It emphasized that while time limits are important during the adjudication stage, they are less so during the pre-adjudication stage (Para 22).

It was noted that it's in the applicant's best interest to rectify defects promptly, as an incomplete application will not be entertained (Para 23).

The court suggested a balanced approach where the time limit is seen as directory but failure to adhere to it requires the applicant to provide a sufficient explanation for the delay. The adjudicating authority will then decide whether the explanation is acceptable before proceeding with the application (Para 24 and 25).

Decision:

The court held that the proviso to Section 9(5), providing for removing defects within seven days, is directory in nature. However, failure to remove objections within this time frame requires the applicant to provide a sufficient explanation. The decision to entertain the application on merits will depend on the adjudicating authority's satisfaction with the explanation provided (Para 25).

Fact:

The Municipal Corporation of Delhi issued a notice under Section 126 of the Delhi Municipal Corporation Act, 1957, proposing to enhance the rateable value of a property owned by Dharma Properties Pvt. Ltd. The notice was received by the respondent after the specified period.

Issues:

Whether the notice received after the specified period would be invalid.

Whether the assessment for subsequent/future periods could be based on such a notice, even if it was invalid for the initial assessment year.

Held:

The Court held that the notice was indeed time-barred as it was received after the specified period. The Court agreed with the High Court's decision on this issue, emphasizing that the giving of notice requires communication or informing the recipient, and mere dispatch does not suffice (Para. 12-14).

However, the Court disagreed with the High Court's decision regarding subsequent assessment years. It held that the notice, though invalid for the initial assessment year, could still be valid for subsequent years if received within the Assessment Year. The Court emphasized the scheme of assessment under the Act, where assessment for property tax is demanded only from the ensuing year in which the assessment is finalized. The appeal is accordingly allowed. (Para. 15-21)

Facts:

The appellant, Ratanlal, challenged the High Court's decision to allow the re-examination of two witnesses, PW4 and PW5, in a criminal trial. The witnesses had initially supported the prosecution but later filed applications claiming their earlier statements were made under police influence.

Issues:

Whether the High Court was justified in setting aside the Sessions Judge's order and allowing the re-examination of the witnesses.

Additionally, the question of locus standi was raised regarding the appellant's right to challenge the High Court's decision.

Held:

The appellant's right to challenge the High Court's order was established, emphasizing that criminal jurisprudence recognizes the pursuit of justice by anyone with a bona fide connection to the case.

The Supreme Court elucidated on the scope of Section 311 of the CrPC, highlighting its purpose to ensure a just decision by empowering courts to summon, examine, or recall witnesses.

The Court found no valid reason for the delay in filing the re-examination applications by PW4 and PW5, indicating potential tampering. Therefore, the High Court erred in setting aside the Sessions Judge's order.

The Supreme Court allowed the appeal, overturning the High Court's order, and instructed the Trial Court to proceed without considering the evidence obtained from the re-examination of PW4 and PW5.

Facts:

The case stemmed from a letter by (Retd.) Chief Justice R. C. Lahoti highlighting unnatural deaths in prisons, which was treated as a public interest litigation. The focus was on addressing the alarming number of unnatural deaths, particularly suicides, in prisons across India.

Issues:

Defining natural and unnatural deaths.

Addressing suicides in prisons and implementing prevention strategies.

Need for prison reforms to ensure dignity and rights of prisoners.

Compensation for custodial deaths and recognition of victims' rights.

Custodial deaths of children in child care institutions under Juvenile Justice Acts.

Held:

On the issue of defining natural and unnatural deaths, the court referred to guidelines by the International Committee of the Red Cross (ICRC).

Regarding suicides in prisons, the court emphasized the importance of implementing prevention strategies outlined by the National Human Rights Commission (NHRC) and distributing relevant documents.

The court highlighted the need for prison reforms to prioritize reformation and rehabilitation over retribution and deterrence.

Compensation for custodial deaths was deemed essential, recognizing the victims' rights regardless of their status as criminals.

The court raised concerns about custodial deaths of children in child care institutions and urged authorities to address this issue with greater concern.

Decision: The court issued several directions, including the registration of public interest petitions by High Courts, circulation of relevant documents to prison authorities, training programs for police officials, appointment of counselors for prisoners, and the establishment of oversight mechanisms.