Facts:

Naresh Kumar was apprehended by the police at Majhotli with two kilograms of Charas allegedly recovered from a bag in his possession. The prosecution relied on witness testimonies, including that of an independent witness, Sita Ram (PW-2). Defense witnesses were also examined. The Special Judge acquitted Naresh Kumar due to doubts regarding the prosecution's version.

Issues:

The reliability of witness testimonies and the prosecution's ability to establish the case beyond a reasonable doubt, especially considering the discrepancies in timing and distance.

Held:

The Supreme Court analyzed the timing discrepancy and found the claim of Naresh Kumar's apprehension at 6:15 A.M. highly doubtful due to the bus ticket issuance time and distance. The testimony of the independent witness, PW-2, was crucial, as he denied witnessing the apprehension or recovery of narcotics from Naresh Kumar.

The Court emphasized the prosecution's obligation to prove the case beyond a reasonable doubt, especially in NDPS Act cases with presumptions against the accused. Citing legal precedent, the Court held that the High Court's decision was speculative and contrary to the weight of evidence on record. Accordingly, the Supreme Court set aside the High Court's order, restoring Naresh Kumar's acquittal.

Facts:

The case stemmed from a complaint filed by the wife against her husband and his family members under Section 498A alleging dowry harassment and cruelty. The husband and his family contested the allegations, arguing against the summoning of all family members.

Issues:

The misuse of Section 498A and the need for safeguards to prevent arbitrary arrests and harassment of innocent family members.

Held:

The Court acknowledged the misuse of Section 498A and expressed concern over the high number of arrests and low conviction rates. It emphasized the need to protect innocent family members from harassment. (Para 14-15)

Decision: The Court issued several directives to address the misuse of Section 498A, including the constitution of Family Welfare Committees, designation of specific investigating officers, facilitation of settlements, and restrictions on passport impounding. Bail applications should be decided promptly, and personal appearances of family members may be exempted. These directives aim to strike a balance between protecting married women from genuine harassment while preventing the misuse of the law. (Para 19-20)

Facts:

The State of Assam enacted the Assam Parliamentary Secretaries Act, 2004, allowing members of the Assembly to be appointed as Parliamentary Secretaries with the rank and status of a Minister of State. A PIL challenging the constitutional validity of the Act was filed before the High Court, which transferred the petition to the Supreme Court.

Issues:

Whether the State Legislature of Assam had the competence to enact the Assam Parliamentary Secretaries Act, 2004.

Whether it was in line with the constitutional provisions governing legislative powers and privileges.

Held:

The principle of the "rule of widest construction" in interpreting the Constitution is rooted in the belief that the Constitution provides a continuing framework adaptable to new social, political, and historical realities (Para 18).

While analyzing legislative authority, the Court noted that the Constitution of India structures not only the authority of the federal government but also that of the States and local bodies. It emphasized the importance of adapting relevant principles from the analysis of legislative authority adopted by the US Supreme Court (Para 22).

Article 246 of the Constitution delineates the legislative authority of Parliament and State Legislatures. The Court explained that the existence of dedicated articles authorizing legislation on specific topics eliminates legislative authority implied by Article 246 and related entries in the Seventh Schedule (Para 23-25).

The entries in the Seventh Schedule are indicative of legislative fields, not sources of legislative power. The Court stressed the need to interpret these entries while considering the scheme of the Constitution (Para 26-28).

The Court reiterated that while a broad and liberal spirit should inspire interpretation, caution must be exercised, especially concerning the amplitude of legislative entries (Para 30).

The creation of new offices by legislation would be irrational and beyond the scope of Article 194(3) and Entry 39 of List II. Such authority is limited to the powers, privileges, and immunities of legislators qua legislators (Para 31).

The elaborate constitutional arrangement regarding legislative offices and matters incidental to them precludes the legislature from creating new offices by legislation (Para 32).

Decision: The Supreme Court held that the Assam Parliamentary Secretaries Act, 2004, was beyond the legislative competence of the State Legislature. Therefore, the Act was declared invalid (Para 44-45).

Facts:

The Bank granted a cash credit facility to a company, of which Shri Dhillon P. Shah, the owner of the disputed flat, was a director.

After the company failed to repay the dues, the Bank initiated recovery proceedings, resulting in an attachment order for the flat.

Nagraj Ganeshmal Jain, the respondent, claimed ownership of the flat through an alleged unregistered agreement to sell by Shah.

Doubts arose regarding the authenticity and timing of Jain's claim, as well as the validity of the agreement to sell.

Issues:

Whether an unregistered agreement to sell confers any right, title, or interest in immovable property.

Whether Jain's claim of ownership based on the alleged agreement to sell is valid.

Whether Jain is entitled to membership in the housing cooperative society based on his ownership claim.

Held:

The Supreme Court held that immoveable property can only be transferred by a registered deed of conveyance, not by an unregistered agreement to sell (paragraph 15).

Doubts regarding the authenticity of the agreement to sell, timing of Jain's claim, and lack of disclosure by Shah and his wife during legal proceedings raised questions about the validity of Jain's claim (paragraphs 17-18).

Jain failed to establish his right, title, or interest in the flat, and thus, he cannot claim membership in the housing cooperative society (paragraph 19).

Decision: The appeals were allowed, and the orders of the High Court and the revisional/appellate authority accepting Jain's claim were set aside. Jain's claim of ownership was rejected, affirming that he has no right, title, or interest in the flat. Consequently, Jain cannot claim membership in the New Shrinath Kunj Housing Co-operative Society (paragraph 19).

Facts:

The appellant, Rajiv Dawar, appealed against his conviction and sentence under section 2(c) read with Section 10 & 15 of the Contempt of Courts Act and under Article 215 of the Constitution of India.

The conviction was based on allegations by the de facto complainant without giving the appellant a fair opportunity to present evidence or cross-examine the complainant.

The complainant accused Dawar of charging exorbitant fees without providing active assistance and subsequently withdrawing from the case. However, Dawar asserted that the fees were justified for the professional services rendered.

Issues:

Whether procedural formalities were followed in the contempt proceedings.

Whether the appellant was given a fair opportunity to defend himself.

Whether the allegations against the appellant were proven according to law.

Held:

The Supreme Court held that procedural safeguards were not followed, and the appellant was not granted a fair opportunity to defend himself. The court emphasized the importance of allowing the accused to establish their innocence in contempt proceedings and noted that the appellant was not given adequate opportunities to do so. Additionally, the Bar Council of Delhi had absolved the appellant of misconduct, further indicating that the conviction was not justified. Therefore, the conviction and sentence imposed on the appellant were set aside, and the appeal was allowed.

Facts:

The appellants challenged the validity of a notification issued by the NCTE, dated 29th July 2011, making it mandatory for teachers in schools to have 50% marks in graduation. The appellants, possessing post-graduation and B.Ed. qualifications, argued that this requirement was not mandatory for those with 50% marks in post-graduation at the time of their B.Ed. admission.

Issues:

Whether candidates with post-graduation and B.Ed. qualifications, covered by the notification dated 23rd August 2010, could be excluded based solely on the graduation marks requirement introduced in the notification dated 29th July 2011.

Held:

The Supreme Court, in consideration of judgments from the Rajasthan and Uttarakhand High Courts, held that the requirement of a minimum percentage of marks in graduation was not going to be enforced by the NCTE. The Court declared this condition as violative of Article 14 of the Constitution. The appellants were directed to be treated similarly to those covered by the High Courts' judgments. The NCTE was instructed to issue a clarification within one month. The appellants and others similarly placed were given the liberty to claim further relief in accordance with the judgments of the Rajasthan and Uttarakhand High Courts.

Facts:

Parminder Singh, the appellant, and Gurpreet Singh, the respondent, are real brothers.

An agreement was made on 02.07.1995, wherein Parminder Singh agreed to sell his share of land to Gurpreet Singh.

Parminder Singh did not execute the sale deed as per the agreement, leading Gurpreet Singh to file a civil suit seeking specific performance.

Parminder Singh denied the validity of the agreement, alleging forgery and claiming he had only signed blank paper.

Issues:

Whether the agreement was genuine and enforceable.

Whether the lower courts erred in their decisions.

Held:

The Supreme Court upheld the decisions of the lower courts. The findings of fact by all three courts were deemed concurrent and based on evidence. Parminder Singh's arguments had been previously considered and rejected by the lower courts. The discretion of the courts in granting specific performance, as per Section 20 of the Specific Relief Act, was respected. Therefore, the appeal was dismissed.

Facts:

The appellant, a public Trust, leased out two shops to the respondents.

Disputes arose regarding non-payment of rent and termination of tenancy.

Appellant filed suits for eviction and recovery of rent against the respondents.

The Trial Court decreed the suits in favor of the appellant, but the Appellate Court dismissed them due to the appellant Trust not being registered under the Rajasthan Public Trust Act, 1959.

The issue revolved around the interpretation and applicability of Section 29 of the Act, which prohibits unregistered trusts from filing suits to enforce their rights.

Issues:

Whether the suits filed by the unregistered public Trust were competent under Section 29 of the Rajasthan Public Trust Act, 1959.

The jurisdiction of the Trial Court and the validity of its decree in light of the Trust's registration during the pendency of the appeal.

Held:

The Supreme Court held that the suits filed by the unregistered public Trust were not competent under Section 29 of the Rajasthan Public Trust Act, 1959.

Once the Trust obtained registration during the pendency of the appeal, the bar under Section 29 no longer applied, and the Trial Court had jurisdiction to hear and decide the suits on merits.

The judgments of the lower courts were set aside, and the suits were remanded to the Trial Court for hearing and deciding them on merits.

The parties were given the liberty to amend their pleadings and submit additional documents, including the certificate of registration of the Trust.

The Trial Court was directed to decide the suits within six months, and the parties were instructed to appear before the Trial Court on a specified date.

Facts:

Appellants were engaged as trade apprentices under the Apprentices Act, 1961 by M/S. Kanpur Electricity Supply Co. Ltd. (KESC).

Their services were terminated by the respondent, leading to a dispute regarding the legality of termination.

The matter was referred to the Labour Court, Kanpur, for adjudication.

The Labour Court ruled in favor of the appellants, directing their reinstatement and payment of 50% back wages.

The respondent challenged the Labour Court's decision before the High Court at Allahabad.

Issues:

Whether the termination of the appellants' services was legal.

Whether the Labour Court's decision was justified.

Held:

The Supreme Court, affirming the decision of the High Court, held that the termination of the appellants' services was legal. The Court relied on the precedent set by the case of U.P. State Electricity Board v. Shiv Mohan Singh, (2004) 8 SCC 402, which dealt with a similar situation involving the termination of apprentices.

The Court emphasized that upon completion of apprenticeship, the appellants could not be considered workers under relevant labor laws. Consequently, the Supreme Court dismissed the appeals, concurring with the reasoning of the High Court and upholding its decision to set aside the awards of the Labour Court.