Facts:

The appellant's allotment of a flat was cancelled by the respondents, leading to a dispute.

The appellant sought compensation under Section 12B of the Monopolies and Restrictive Trade Practices Act, 1969.

The Competition Appellate Tribunal, New Delhi, awarded compound interest as compensation to the appellant.

Issues:

Whether the appellant is entitled to compensation beyond the date of cancellation of allotment.

Whether the bank is liable to pay any interest to the account holder during the period the money was with the bank.

Held:

The Supreme Court upheld the Tribunal's decision on awarding compensation, clarifying that the interest ordered constituted compensation under Section 12B of the Act. (Paragraph 5)

The Court remitted the matter to the Tribunal to determine whether the appellant is entitled to any further compensation beyond 30.04.2005 and whether the bank is liable to pay any interest to the account holder. (Paragraph 9)

The Court directed the impleadment of Citibank N.A. as an additional respondent and instructed the Tribunal to consider all available contentions regarding the issues remitted to it. (Paragraph 10)

Facts:

Glaxo India, a manufacturer of Betamethasone Disodium Phosphate, was granted exemption from price control regulations under paragraph 28 of the Drugs (Prices Control) Order, 1987, until December 31, 1994.

The Union of India issued a show cause notice to Glaxo India, alleging overcharging for drugs sold after the expiration of the exemption period.

Issues:

Whether the exemption from price control regulations under paragraph 28 of the DPCO extended to the sale of drugs after the expiration of the exemption period.

Whether there is a distinction between manufacturing and selling drugs under the DPCO.

Held:

The court held that the exemption granted under paragraph 28 primarily pertained to the manufacturing of drugs and did not extend to the sale of drugs after the expiration of the exemption period. The court emphasized the language of the exemption notification and guidelines, which focused solely on the manufacturing process.

The court dismissed arguments based on subsequent judgments, stating they were not applicable to the present case. Additionally, the court clarified that only one price would be applicable for goods manufactured by Glaxo India until December 31, 1994, and that price would be unilaterally determined by the appellant, not fixed under the DPCO. Thus, the court allowed the appeal and set aside the judgment of the High Court.

Facts:

The case involved the abduction and murder of a victim. Multiple accused individuals (referred to as A1 to A5) were convicted under various sections of the Indian Penal Code, while A6 was convicted under different sections. The High Court upheld these convictions based on evidence such as witness testimonies, recoveries made from the accused, and Call Detail Records (CDRs) of their mobile phones.

Issues:

The admissibility of electronic records, particularly CDRs, as evidence in court proceedings.

Additionally, the retrospective application of legal judgments regarding the certification requirement for electronic records was discussed.

Held:

The court emphasized that objections regarding the admissibility of documents must be raised at the time of marking the document as an exhibit and cannot be raised later at the appellate stage. Failure to object to the mode of proof of CDRs at the trial stage precluded objections at the appellate stage.

Section 294 of the Code of Criminal Procedure outlines the procedure for filing documents in court by the prosecution or the accused. If the genuineness of a document is not disputed, it can be read in evidence without formal proof in accordance with the Evidence Act.

The judgment discussed the retrospective application of legal judgments, particularly the case of Anvar's case regarding the admissibility of electronic records without certification under Section 65B(4). The court did not apply the principle of prospective overruling in Anvar's case, which could have resulted in revisiting past cases based on electronic records without certification.

Decision: The convictions of the accused were upheld based on the evidence presented, including testimonies, recoveries, and CDRs. The court clarified the admissibility of electronic records and discussed the retrospective application of legal judgments affecting criminal cases.

Facts:

The appellant, Hameed Kunju, filed an eviction petition against his tenants under the Kerala Buildings (Lease and Rent Control) Act, 1965.

The trial court initially passed an eviction order in favor of the appellant, but subsequent legal proceedings led to a series of appeals and applications filed by the respondent, Nazim, seeking to set aside the eviction order.

The High Court entertained a writ petition filed by Nazim under Article 227 of the Constitution, quashed several orders of the trial and executing courts, and remanded the case to the trial court for fresh trial.

Issues:

Whether the High Court was justified in entertaining the writ petition filed by the respondent under Article 227 and interfering with the orders of the lower courts?

Whether the directions given by the High Court regarding the payment of costs and disposal of applications were warranted?

Held:

The Court held that the High Court erred in entertaining the respondent's writ petition under Article 227 and interfering with the orders of the lower courts. The respondent had ample opportunity to contest the eviction proceedings and his failure to appear in court cannot be justified (Para 27-40).

The High Court's directions regarding the payment of costs and disposal of applications were unwarranted. The High Court exceeded its supervisory jurisdiction and interfered with the trial court's discretion (Para 41-44).

The need for speedy disposal of eviction cases, especially those involving genuine landlord needs, was emphasized. The Supreme Court urged courts to prioritize such cases (Para 47-48).

The appeal was allowed, the High Court's order was set aside, and the respondent's applications were dismissed as misconceived. Costs were awarded to the appellant (Para 49).

Facts:

The appellant, a constable in the Maharashtra Police Department, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black Marketing of Essential Commodities Act, 1981 by an order dated 10.10.2016 passed by the Commissioner of Police.

The detention order did not specify the period of detention.

The appellant challenged the detention order before the High Court of Bombay, bench at Aurangabad, in Criminal Writ Petition No. 132 of 2017, which was dismissed.

The appellant appealed to the Supreme Court, arguing that the detention order was flawed because it did not specify the period of detention, citing the judgment of the Supreme Court in Cherukuri Mani v. Chief Secretary.

The respondent-State's counsel supported the High Court's reasoning.

Issues:

Whether the detention order, which did not specify the period of detention, is valid under Section 3(1) of the Maharashtra Prevention of Dangerous Activities Act, 1981.

Interpretation of the prescribed procedure for detention orders under the Act.

Comparison with the judgment in Cherukuri Mani v. Chief Secretary regarding detention orders.

Held:

The Supreme Court held that the detention order without specifying the period of detention was unsustainable and violated the prescribed procedure under the Act.

Referring to the Cherukuri Mani case, the Court emphasized the need for strict interpretation and compliance with the prescribed procedure.

The Court allowed the appeal, set aside the detention order dated 10.10.2016, and ordered the detenu to be set at liberty forthwith unless wanted in any other case.

Decided on : 17-07-2017

Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders and Dangerous Persons Act, 1981 - Section 3(1)

Counsel for Appearing Parties

Devadatt Kamat, Rajesh Inamdar, Javedur Rahman, Mehtaab Singh Sandhu, Ms. Devina Sharma, Gautam Talukdar, Advocates, for the Appellant; Mahaling Pandarge, Nishant Katneshwarkar, Advocates, for the Respondents

Facts:

The prosecution alleged that the main accused, in an illicit relationship with the appellant, committed the murder of the appellant's husband with the help of an absconding accused. The appellant was accused of remaining silent and absconding with the main accused. While the main accused was convicted under Section 302 and 201 of the IPC, the appellant was only convicted under Section 201 and sentenced to two years RI. The High Court suo motu enhanced the appellant's sentence to seven years.

Issues:

Whether the appellant actively participated in causing the disappearance of evidence under Section 201 of the IPC.

Whether the High Court's enhancement of the appellant's sentence was justified.

Held:

The court emphasized the requirement of strong circumstantial evidence to lead to the only inference that the accused committed the crime.

It is mandatory for the prosecution to prove that the accused actively participated in causing the disappearance of evidence under Section 201 IPC. Mere suspicion or assumptions are insufficient for conviction.

The court rejected the notion that remaining silent and absconding with the accused would constitute sufficient evidence to prove guilt under Section 201. The prosecution failed to establish the appellant's active involvement in causing the disappearance of evidence.

Despite the presence of circumstantial evidence, including the testimony of an eyewitness, the court found that the prosecution did not adequately prove the appellant's guilt under Section 201.

The trial court's failure to establish the appellant's mens rea and motive for the offense undermined the conviction under Section 201.

The High Court's decision to enhance the appellant's sentence was criticized as prejudiced and based on assumptions rather than proper reasoning.

The court emphasized the importance of proportionate sentencing and the need to avoid miscarriages of justice in exercising sentencing discretion.

Despite generally refraining from interfering with concurrent findings, the court intervened due to the reliance on surmises and conjectures in both lower courts.

As the prosecution failed to prove the appellant's guilt beyond a reasonable doubt, and considering the appellant had already served the sentence imposed by the trial court, the High Court's order was set aside.

Facts:

The appellant, a school management trust, terminated the services of respondent No. 1, an assistant teacher, based on serious charges against him.

An inquiry committee appointed by the school management upheld the charges.

Respondent No. 1 challenged the termination order before the School Tribunal, which dismissed his appeal.

Respondent No. 1 then filed a writ petition before the High Court, which set aside the termination order and allowed him to withdraw his writ petition based on a resolution by a rival group within the school management.

The appellant appealed against the High Court's decision before the Supreme Court.

Issues:

Whether the High Court erred in considering internal disputes within the school management committee while deciding on the legality of the termination order.

Whether the High Court should have focused solely on the legality of the termination order passed by the School Tribunal.

Held:

The Supreme Court held that the High Court erred in considering internal disputes within the school management committee while deciding on the legality of the termination order. The Court emphasized that the main issue for the High Court to decide was the legality of the order passed by the School Tribunal, which upheld the termination.

Therefore, the Court set aside the High Court's decision and revived the writ petition for consideration on its merits, focusing solely on the legality of the termination. The Court also instructed that respondent No. 1 should not be allowed to work during the pendency of the writ petition unless the termination order was set aside by a competent court. Additionally, the Court granted liberty to the management committee to resolve their internal disputes through appropriate legal means.

Facts:

The writ petition (Criminal) No. 129 of 2012 was filed concerning fake encounter killings and the use of excessive force by police personnel and armed forces in Manipur, alleging the deaths of 1,528 persons. Documentation found inadequate led to the issuance of directions to complete the documentation. Information on 655 deaths was collected, which were investigated by various commissions, judicial inquiries, and authorities. The petition also highlighted the plea of the National Human Rights Commission (NHRC) for the implementation of its communications and guidelines, and the enforcement of its orders.

Issues:

The maintainability of the petition filed by a third party.

The adequacy of compensation paid to the next of kin.

Whether delays/laches should prevent the re-opening of investigations.

The constitution of a Special Investigating Team (SIT) and its composition.

The role of the Central Bureau of Investigation (CBI) in investigating fake encounters.

Implementation of NHRC's communications and guidelines.

The constitution of State Human Rights Commissions.

The publication of NHRC's Annual Reports.

Held:

The Court rejected the argument that incidents of considerable vintage shouldn't be re-opened for investigation due to delay. It emphasized that crimes involving possible innocence cannot be overlooked because of lapse of time.

The submission suggesting bias in inquiries due to local pressures was rejected. The Court stated that casting serious aspersions on the independence of authorities in Manipur was unwarranted.

The Court dismissed the argument against the maintainability of the petition filed by a third party, affirming the right to access justice. It emphasized that constitutional jurisprudence does not permit shutting the door on such persons.

The Court rejected the notion that compensation paid to the next of kin should halt further proceedings. It emphasized that compensation cannot override the law.

The Court directed the constitution of a Special Investigating Team (SIT) to investigate the cases, excluding officers from the Manipur Police due to concerns about potential bias.

The Court directed the Central Bureau of Investigation (CBI) to investigate the fake encounters and excessive use of force, setting a deadline for completion of investigations.

The NHRC's role as a protector and monitor of human rights was emphasized, and the Court accepted the need for effective investigations based on NHRC guidelines.

The Court accepted NHRC's concerns about non-enforcement of its guidelines and stressed the importance of respecting human rights, including posthumously.

The Court noted the NHRC's difficulties due to inadequate staff and urged the Union of India to address them promptly.

The Court directed the Union of India to consider and remedy NHRC's concerns, ensuring its effective functioning.

The Court expressed disappointment over non-compliance with NHRC's compensation directives, urging states to abide by NHRC's orders.

While not mandatory, the Court highlighted the importance of constituting State Human Rights Commissions for the protection of life and liberty.

The Court expressed disappointment over the NHRC's failure to publish annual reports and urged their prompt availability.

Facts:

Parvez Khan died in a road accident while driving a vehicle insured by Oriental Insurance Co. Ltd.

Compensation was claimed by Abdul Khalid, father of the deceased, before the Workmen Compensation Commissioner.

The High Court set aside the compensation award, questioning whether Parvez Khan was an employee of the defendant.

Issues:

Whether the liability of the insurer ceases when a vehicle is transferred to another person.

Whether Parvez Khan was an employee of the defendant.

Interpretation of relevant sections of the Motor Vehicles Act and Workmen’s Compensation Act.

Held:

The Supreme Court, after hearing arguments from both parties, upheld the decision of the Workmen Compensation Commissioner. It emphasized that the liability of the insurer does not cease even if the vehicle is transferred to another person, as long as the vehicle was insured at the time of the accident.( Paragraph 16)

The court referred to Section 157 of the Motor Vehicles Act, 1988, which states that the certificate of insurance and the policy described in the certificate shall be deemed to have been transferred in favor of the person to whom the motor vehicle is transferred with effect from the date of transfer.( Paragraph 17)

In conclusion, the Supreme Court allowed the appeal, setting aside the judgment of the High Court and restoring the compensation awarded by the Workmen Compensation Commissioner to the claimants. The court directed the Commissioner to ensure payment of the compensation to the claimants.( Paragraph 18)