Facts:

India is home to the largest child population globally, with a significant portion being adolescents. Recent reports indicate a concerning increase in substance abuse among young children.

Issues:

The alarming rise in substance abuse among children in India and the lack of comprehensive policies to address this issue effectively.

Held:

The court emphasizes the necessity for a comprehensive National Plan to address substance abuse among children, facilitating coordinated intervention by Union and State governments.

Lack of reliable data on the number of substance abuse victims in India is highlighted as a significant deficiency, hindering effective policy interventions.

The Union Government is directed to conclude a national survey on drug abuse within six months to gather accurate data.

The Union Government is mandated to finalize a national policy on drug demand reduction within six months, addressing capacity building, education, awareness, accreditation of de-addiction centers, and specific vulnerabilities, especially concerning children.

Incorporating aspects of substance abuse awareness and sensitization into the school curriculum is emphasized, with authorities urged to consider measures to protect children from substance abuse.

Decision: The court issues directives aimed at addressing substance abuse among children in India through comprehensive policy formulation, data collection, and educational interventions.

Facts:

The complainant filed a complaint against the accused persons, described as Printer and Publisher, Managing Director, and Chairman of a newspaper, based on a news article published in the newspaper.

Issues:

Whether the Magistrate conducted the necessary inquiry before summoning the accused persons, as required by Section 202 of the Cr.P.C.?

Whether the Magistrate considered the provisions of Section 7 of the Press Act in issuing the summoning orders?

Whether the High Court's decision to discharge one of the accused persons was justified?

Held:

Section 202 of the Cr.P.C. was amended in 2005 to include provisions regarding summoning accused persons residing beyond the jurisdiction of the Magistrate. The amendment aims to prevent false complaints and mandates the Magistrate to conduct an inquiry or direct an investigation before issuing summons (Para 22, 24).

The summoning order in this case did not reflect any such inquiry as required by Section 202. The Magistrate did not adequately consider the provisions of Section 7 of the Press Act, which was necessary before summoning the accused persons (Para 25, 26, 27).

Although the argument based on Section 202 was raised for the first time before the High Court, it is permissible to raise pure legal issues at any stage of proceedings, especially those related to jurisdiction. Thus, the Court directed the Magistrate to reconsider the matter concerning the accused persons and make necessary orders (Para 28, 30, 31).

Decision: The Court allowed the appeals, quashed the notice against one of the accused (A-1), and directed the Magistrate to conduct further inquiry regarding both accused individuals (A-1 and A-2) to determine if summonses should be issued against them.

Facts:

The case involves a dispute between the states of Karnataka, Kerala, and Tamil Nadu regarding the allocation of river water from the Cauvery River. The dispute was adjudicated by the Cauvery Water Disputes Tribunal, and its decision was challenged through appeals filed by special leave under Article 136 of the Constitution by the concerned states before the Supreme Court.

Issues:

Whether the Supreme Court has jurisdiction to hear appeals challenging the decision of the Cauvery Water Disputes Tribunal.

Interpretation of Section 6(2) of the Inter-State River Water Disputes Act, 1956, regarding the jurisdiction of the Supreme Court.

Determination of the legislative intent behind Section 6(2) and its effect on the Supreme Court's jurisdiction.

Held:

The Supreme Court has jurisdiction to hear appeals challenging the decision of the Cauvery Water Disputes Tribunal. The jurisdiction under Article 136 of the Constitution is not barred by Section 11 of the Inter-State River Water Disputes Act, 1956, once a water dispute has been adjudicated by the tribunal .

The definition of "water dispute" as per Article 262(1) of the Constitution, read with provisions of the 1956 Act, changes once adjudicated by the tribunal, losing its nature as a dispute. Thus, appeals under Article 136 are maintainable .

Section 6(2) of the 1956 Act, introduced by an amendment in 2002, provides that the tribunal's decision shall have the same force as an order or decree of the Supreme Court. However, this does not oust the jurisdiction of the Supreme Court; its purpose is to ensure the enforceability of the tribunal's award .

Legislative intent behind Section 6(2) was to give binding effect to the tribunal's award, not to restrict the jurisdiction of the Supreme Court. The Parliament did not intend to create any embargo on the Supreme Court's jurisdiction .

Principles of statutory interpretation apply to understand the legislative intent behind Section 6(2). The interpretation should serve the purpose of giving binding effect to the tribunal's award, not restrict the Supreme Court's jurisdiction .

Decision: The Civil Appeals challenging the decision of the Cauvery Water Disputes Tribunal are maintainable before the Supreme Court. The Court has jurisdiction under Article 136 of the Constitution to hear such appeals and review the tribunal's decision.

Facts:

The dispute arose over government land, CTS No.1674/1, claimed by both Vidya Prasarak Samithi and BVVS for use as a playground.

BVVS initially challenged the grant of the land to Vidya Prasarak Samithi, leading to a series of appeals and orders.

The High Court ruled in favor of BVVS, asserting that the land had been transferred to BVVS by the government and, therefore, could not be granted to any other entity.

Issues:

Whether the ownership of the disputed land had transferred to BVVS.

Whether the land could be granted to Vidya Prasarak Samithi despite its transfer to BVVS.

Held:

The Supreme Court, after careful consideration of the facts and legal arguments presented, upheld the decision of the High Court. It concluded that since the ownership of the land had vested in BVVS following payment and transfer by the government, it could not be granted to any other institution. Consequently, the appeal by Vidya Prasarak Samithi was dismissed, affirming the decision of the High Court. (Para. 13)

Facts:

The appellants were accused of unlawfully assembling and committing multiple murders in Taluk Ramanathapuram, District Tamil Nadu.

On February 10, 1994, the accused, armed with deadly weapons, attacked the family members of deceased Rajendran, resulting in the deaths of eight persons.

The trial court convicted and sentenced the accused under various sections of the IPC and the Indian Arms Act.

Upon appeal, the High Court modified the convictions and sentences, directing that the sentences of life imprisonment and imprisonment for 10 years shall run consecutively.

The appellants challenged the consecutive sentences of life imprisonment before the Supreme Court.

Issues:

Whether consecutive sentences of life imprisonment are legitimate.

Whether the convictions under Section 302 read with Section 149 IPC are justified.

Held:

The Supreme Court upheld the legitimacy of consecutive sentences of life imprisonment but clarified that such sentences cannot be directed to run consecutively.

The Court affirmed the convictions under Section 302 read with Section 149 IPC, considering the evidence presented, including eyewitness testimonies and corroborating statements.

The Court dismissed all criminal appeals filed by the appellants, upholding the judgment of the High Court with modifications regarding the running of sentences. The sentences were ordered to run in conformity with the observations made by a Constitution Bench of the Supreme Court in a previous judgment.

Facts:

The respondents filed a suit against the appellant in the English Court for patent infringement.

The appellant challenged the jurisdiction of the English Court but the challenge was dismissed.

The English Court directed the appellant to pay costs to the respondents.

The appellant agreed to pay costs but later opposed execution of the English Court's order in India.

Issues:

Whether the order passed by the Foreign Court falls within the Exceptions to Section 13 of the CPC?

Whether the order passed by the Foreign Court amounts to a "decree" and the same is executable?

If the answer to issue No. 2 is in affirmative, whether the decree for costs would fall within the ambit of Explanation 2 of Section 44A of CPC and makes it inexecutable?

Whether interest on costs would fall within the ambit of Explanation 2 of Section 44A of CPC?

Whether the interest on costs can be executed in India in view of the deletion of Section 35(3) of CPC?

Held:The Court held that:

The order passed by the English Court falls within the ambit of Section 13 of the CPC and is conclusive as it was passed after following due process.

The order of the English Court is considered a "decree" as per Explanation 2 to Section 44A of the CPC and is thus executable in India.

The decree for costs does not fall within the scope of Explanation 2 of Section 44A as it pertains to substantive rights rather than procedural issues, making it executable.

Interest on costs is considered a substantive right and can be enforced even though not explicitly recognized under Indian law, as long as it is part of the foreign decree.

The deletion of Section 35(3) of the CPC does not preclude the execution of interest on costs. Indian courts are entitled to recognize and implement the interest amount as per the foreign decree.

Facts:

Respondent No. 2 filed a criminal complaint under section 156(3) alleging unauthorized trades executed in her account without consent by the appellants.

The Magistrate directed the registration of an FIR against the appellants and ordered for a report after investigation.

FIR was registered under various sections including 409, 420, 465, 467 read with section 34 and 120-B of the Indian Penal Code (IPC).

The appellants filed writ petitions in the High Court seeking to quash the FIR.

The High Court dismissed the writ petitions on the grounds of prematurity and no need to exercise powers under Article 227 of the Constitution of India or under section 482 of Cr.P.C.

Issues:

Whether the filing of petitions under Article 227 or section 482 of Cr.P.C. at this stage was premature.

Whether the order under section 156(3) of Cr.P.C. directing investigation by the police caused irreparable injury warranting quashing of the investigation.

Held:

The Court emphasized the need to give accused individuals reasonable space and liberty to defend themselves in accordance with the law. It highlighted the importance of cooperation from the accused in criminal proceedings. (Para 15, 21)

The Court affirmed the decision of the High Court, stating that the order under section 156(3) of Cr.P.C. did not cause irreparable injury at that stage to warrant quashing of the investigation. It noted that the stage of cognizance would arise only after the investigation report is filed before the Magistrate. Therefore, filing petitions under Article 227 or section 482 of Cr.P.C. at that stage was deemed premature. (Para 24)

Facts:

The High Court, while hearing a PIL for the construction of a District Court Complex, took note of an application filed by daily rated workers engaged in the High Court and passed an interim order for the state to consider their regularization.

Subsequently, the High Court issued further directions, observing the state's failure to create required posts for the judiciary and compelling it to absorb the daily rated workers.

The state government filed an SLP against the interim order, which was dismissed, leading to the High Court's further direction.

Issues:

Whether the High Court's directions for regularization of daily rated workers were valid.

Whether the state government had fulfilled its obligations regarding the creation of necessary posts for the judiciary.

Held:

The Supreme Court clarified the principles of regularization, emphasizing that it is not a source of recruitment but aimed at validating irregular appointments made due to genuine administrative exigencies (Para 19).

The High Court's directions for regularization lacked consideration of legal principles and prevailing rules and regulations. The issue of whether the appointments were irregular or illegal was not addressed by the High Court (Para 22).

The matter of regularization falls within the domain of the state government, and the High Court's direction was set aside, restoring the proceedings back to the High Court for reconsideration (Para 23).

Decision: The Supreme Court set aside the High Court's order directing the en masse regularization of daily rated workers and restored the matter back to the High Court for reconsideration in light of legal principles and the state government's jurisdiction over regularization issues.

Facts:

The case originated from a writ petition before the Delhi High Court concerning the poor conditions at Asha Kiran Home, a facility for differently abled individuals run by the Delhi Government. The petition suggested improvements, which the management agreed to consider. Subsequently, the High Court directed joint meetings to propose reforms, leading to the submission of a report by the Delhi Government regarding actions taken and proposed improvements.

Issues:

The petitioners raised concerns about the fulfillment of commitments made by authorities in previous writ petitions and the High Court's examination of the suggestions provided by the petitioners.

Held:

The Supreme Court observed that while conditions at Asha Kiran Home may have improved, similar issues might persist in other homes across the country.

Therefore, the Court issued notices to all State Governments and Union Territories to submit responses regarding the prevailing conditions in such homes within their jurisdiction.

The Court highlighted provisions under the Persons with Disabilities Act, 1995, and the Mental Health Act, 1987, which mandate the establishment and maintenance of institutions for differently abled and mentally challenged individuals.

The Court emphasized the responsibilities of Central and State Coordination Committees in monitoring and ensuring the proper functioning of such institutions, as well as their power to issue directives for compliance.

The Committees were directed to develop comprehensive national policies and take remedial measures within six months to address deficiencies.

Secretaries of relevant departments at both state and central levels were tasked with monitoring progress and ensuring compliance with directives, with compliance reports required within specified time frames. The Appeal is disposed of.