Facts:

The case involves the grant of mining leases and the application of the G.O. dated 31st May 2012 in the State of Uttar Pradesh.

The G.O. mandated e-tendering for mining leases to ensure transparency and safeguard government revenue.

The appellants claimed a vested right prior to the G.O., arguing that they had already applied in accordance with Chapter II of the Rules.

The High Court rejected the appellants' claim, upholding the validity of the G.O.

Issues:

Validity of the G.O. dated 31st May 2012 and its application to pending lease applications.

Appellants' claim of a vested right prior to the G.O.

Held:

The High Court upheld the validity of the G.O. dated 31st May 2012, emphasizing transparency and consistency with Article 14 of the Constitution. All applications pending as of 31st May 2012, including the appellants', were rejected. The High Court held that the mere filing of an application did not confer a vested right for the grant or renewal of a lease. The G.O. dated 31st May 2012 covered "Building Stone," and the subsequent G.O. dated 22nd October 2014 could not be applied retroactively. The appeals were dismissed, and the interim order granted by the Court was vacated. The State was directed to assess the extent of pecuniary advantage taken by the appellants under the interim order and recover the same from the appellants.

Referred Cases:

Centre for Public Interest Litigation Vs. Union of India, (2012) 3 SCC 1

Deepak Kumar Vs. State of Haryana, (2012) 4 SCC 629

Goa Foundation Vs. Union of India, (2014) 6 SCC 590

In Re : Natural Resources Allocation, (2012) 10 SCC 1

Manohar Lal Sharma Vs. Principal Secretary, (2014) 9 SCC 516

Monnet Ispat & Energy Ltd. Vs. Union of India, (2012) 11 SCC 1

Nar Narain Mishra Vs. The State of U.P., (2013) 2 ADJ 166

State of Tamil Nadu Vs. M/s. Hind Stone, (1981) 2 SCC 205

Sukhan Singh Vs. State of U.P., (2014) 11 ADJ 89

Final Result : Dismissed

Facts:

The case involved Central Bank of India (Appellant) versus Virudhunagar Steel Rolling Mills Ltd. and Others (Respondents).

The Appellant provided credit facilities to the Respondent Company, which were secured by movable and raw materials.

Directors of the Respondent Company (Respondent Nos. 2 to 4) provided personal guarantees through various documents executed on August 30, 1974.

The Appellant filed a suit in 1980 for recovery of debts amounting to Rs. 12 lakhs.

The Trial Court decreed the suit against the company but dismissed it against the directors.

The High Court upheld the Trial Court's decision, stating that the directors were not liable for debts incurred before August 30, 1974.

Issues:

Whether the directors are liable for debts incurred by the company prior to the execution of personal guarantees.

Interpretation of the guarantee deeds executed by the directors.

Held:

In view of the foregoing discussion, there appears to be no controversy as to the fact that the Guarantee Deeds executed by Respondent Nos. 2 to 4 on 30.8.1974 rendered them personally liable for any transactions or advances made by the Appellant Bank to the Respondent Company after 30.8.1974. There is also no controversy whatsoever that the Bank account lay dormant after this date, all dealings having been transacted much prior thereto. Such being the position, it is not open to the Appellant Bank to pursue Respondent Nos. 2 to 4 for recovery of debts incurred by the Respondent Company in favour of the Appellant Bank.

Therefore, the Court concluded that the directors were only liable for transactions or advances made after August 30, 1974, and not for debts incurred by the company before that date. The appeal was dismissed, affirming the findings of the lower courts.

Facts:

LIC of India issued circulars restricting the assignment of insurance policies, especially those intended for trading purposes.

The respondents challenged these circulars, arguing that insurance policies are freely tradable and assignable under the Insurance Act, 1938.

The case revolved around the interpretation of Section 38 of the Insurance Act and subsequent amendments.

Issues:

Whether insurance policies are freely tradable and assignable.

The interpretation of Section 38 of the Insurance Act, 1938, and its applicability to assignments.

The validity of circulars issued by LIC restricting assignments.

Held:

The Court examined Section 38 of the Insurance Act, 1938, and its mandatory nature prior to its amendment. It concluded that insurers like LIC were mandated to accept assignments following the procedure laid down in the section.

The Court emphasized the importance of legislative intent and held that subsequent amendments granting insurers discretion did not apply retrospectively. It ruled that the circulars issued by LIC were ultra vires the statute and invalidated them.

Additionally, the Court rejected arguments based on public policy, highlighting the contra proferentem rule, and emphasized the importance of contractual obligations. Ultimately, the Court upheld the judgment of the High Court, declaring insurance policies to be freely tradable and assignable in accordance with the provisions of the Insurance Act.

Facts:

The Railways leased out Front Second Class Luggage Rake (FSLR) and Ventilated Parcel Van (VP) for a two-year period. The notification inviting tenders for this lease was challenged on the grounds that it denied traders the ability to transport goods at specified rates. Initially, a Single Judge of the High Court quashed the notification, but a Division Bench issued directions to incorporate regulatory checks on the lessee's power in setting tariffs.

Issues:

Whether the notification inviting tenders for the lease of FSLR and VP was valid.

Whether the regulatory checks imposed by the Division Bench were justified.

Held:

The statute did not prescribe a specific manner for leasing the wagons. Therefore, the absence of a prescribed method did not render the lease action illegal.

The burden of proving a violation of Sections 70 and 71 of the Railways Act, 1989 rested on the appellant, who failed to provide evidence of undue preference being given to any person, especially considering the lease was awarded through an auction process.

The direction by the Division Bench to fix an upper limit on rates chargeable by the contractor aimed to regulate the contractor's power in setting tariffs and had attained finality as the respondents did not challenge it further .

The Railways must adhere to the ethos and parameters set by the Railways Act. While the executive has the right to formulate policy, it cannot shift the fundamental nature of the Railways without parliamentary approval.

The Railways are empowered to auction space for a specific period, provided the auction contractor adheres to prescribed tariffs. They must ensure that successful tenderers do not charge carriage prices exceeding those set in the Coaching Tariff No. 24 Part III. The Appeal is accordingly disposed of.

Facts:

The case involved the sale of secured assets by a secured creditor under the SARFAESI Act.

The auction sale was challenged on the grounds that the consideration money did not reflect the correct value of the secured assets.

Issues:

Whether the sale of secured assets by a secured creditor under the SARFAESI Act can be controlled by the company court or the official liquidator.

Whether the auction sale was conducted fairly and whether the consideration money reflected the correct value of the secured assets.

Held:

The SARFAESI Act is a complete code in itself and does not require supplementation from the Companies Act. The necessary provisions from the Companies Act have already been incorporated into the SARFAESI Act to harmonize the two legislations.

The involvement of the official liquidator in the sale process is mandated by express provisions of the SARFAESI Act and Rules, not to supply any omission in the SARFAESI Act but because of explicit provisions therein.

The Parliament's clear intention expressed in Section 13 of the SARFAESI Act is that a secured creditor has the right to enforce its security interest without court intervention. However, the Act provides mechanisms for redressal of grievances by borrowers, including companies under liquidation.

The sale confirmed in favor of the auction purchaser was upheld as valid. No illegality or irregularity was established against the conduct of the auction. The offer made during the auction was fair, and the sale was conducted in a competitive and transparent manner.

Fluctuations in property prices do not warrant reopening a confirmed sale unless there are compelling reasons to do so. Once a sale is confirmed and possession is delivered to the purchaser, it should not be disturbed without valid cause.

Decision: The appeals were disposed of, affirming the validity of the auction sale conducted under the SARFAESI Act.

Facts:

The appellant, Pramod, challenged the denial of his appointment to the post of Principal in a private Polytechnic Institution administered by Shri Shiva Ji Education Society.

The core issue revolved around whether the appellant, as the senior-most lecturer, was entitled to be considered for appointment to the post of Principal as required by Rule 3 of the MEPS Rules.

The appellant had been working at the institution since 1977 and fulfilled the qualifications for the post. Despite this, he was denied promotion to the Principal's position, leading to legal proceedings.

The High Court ruled against the appellant, stating that appointment to the post of Principal could also be made by nomination or direct recruitment, not solely by promotion. However, the Supreme Court disagreed with this interpretation.

Issues:

Whether the appellant, as the senior-most lecturer, was entitled to be considered for appointment to the post of Principal by promotion in accordance with Rule 3 of the MEPS Rules.

The applicability of the Government Rules 2012 to private polytechnics like the respondent institution.

The determination of the appellant's superannuation age and its impact on the case.

Held:

The Court held that the MEPS Rules, being statutory, could not be ignored, and Rule 3(3) mandated the appointment of the senior-most member of the teaching staff as Principal. The Court emphasized that the Government Rules 2012 did not apply to private polytechnics like the respondent institution.

The Court addressed the issue of the appellant's superannuation age, noting discrepancies and lack of clarity in the applicable regulations. Despite this, the Court ordered the immediate reinstatement of the appellant within two weeks and directed his appointment as Principal by promotion within four weeks.

The appellant was deemed to have been appointed Principal from December 1, 2012, and entitled to all consequential benefits. Additionally, the Court awarded costs of Rs. 50,000 to the appellant, payable by the respondent society.

Facts:

The state of Kerala aimed to achieve a liquor-free environment through various measures, including control over manufacture, wholesale and retail supply, and consumption. The policy included restrictions on public consumption of alcohol.

Issues:

Whether the exclusion of five-star hotels from the ban on serving alcohol in their bars is constitutionally valid under Article 14 and Article 47.

Held

The state's policy consists of three elements: control over manufacture, wholesale and retail supply, and consumption of alcohol. The policy is aimed at curbing alcohol consumption, which is disproportionately high in Kerala compared to other states.

Article 14 allows for reasonable classifications, and Article 47 imposes a responsibility on state governments to contain or curtail alcohol consumption. The policy to ban public consumption of alcohol except in five-star hotels is encouraged by the court.

The court found the classification of hotels based on star ratings reasonable and not arbitrary. The exemption for five-star hotels from the ban on public consumption of alcohol is justified, particularly considering tourism considerations.

Judicial review of state policy should only occur if it is arbitrary, unfair, or violates fundamental rights. Courts should give reasonable time for state policies to be effective.

The state should review its policy if there is an increase in alcohol consumption or laxity in enforcement. The court also noted the socio-economic impact of the policy, including job losses in the bar industry.

Decision: The appeals were dismissed, upholding the state's policy on alcohol consumption, including the exemption for five-star hotels.

Facts:

The appellant and his wife went on a honeymoon trip after four months of marriage and spent several days together.

Upon their return journey, the wife disappeared from the train.

A few days later, a dead body of a woman was found near the railway track, but it was unrecognizable.

Despite initial suspicions, further investigation revealed discrepancies, including differences in clothing and doubts from family members about the identity of the body.

Issues:

Whether the prosecution could establish beyond reasonable doubt that the dead body was that of the appellant's wife and that her death was unnatural.

Whether the prosecution could prove charges related to dowry demand and harassment under various sections of the Penal Code.

Held:

The testimony of witnesses established that the wife was seen alive with the appellant in the train till a station far away from where the dead body was found, making it unlikely that the body was hers.

The post-mortem report and other evidence cast doubt on the identity of the dead body as that of the appellant's wife.

The prosecution failed to provide evidence on how and when poison was administered to the deceased, despite finding poisonous substances in the body.

The DNA test conducted at a private laboratory lacked credibility due to procedural deficiencies.

The prosecution's case lacked direct evidence and relied heavily on circumstantial evidence, which did not meet the standard of proof beyond reasonable doubt.

The investigation process was criticized for various shortcomings, including the failure to produce crucial evidence and conduct proper tests.

Decision: The appeal was allowed, and the appellant was ordered to be set at liberty as the prosecution failed to prove the charges against him beyond reasonable doubt.

Facts:

The case pertains to a dispute regarding the Reserve Bank of India's obligation to disclose information under the Right to Information Act, 2005 (RTI Act), particularly concerning its relationship with other banks and the extent of fiduciary duty involved.

Issues:

Whether the Reserve Bank of India (RBI) is obligated to disclose certain information under the RTI Act, and if so, to what extent.

Additionally, the court addresses the concept of fiduciary relationships in the context of RBI's interactions with other banks.

Held:

The Court affirms the importance of the right to information as a fundamental right under Article 19 of the Constitution and the enactment of the RTI Act to facilitate access to information on matters of public concern.

While acknowledging that the right to information is not absolute, the Court emphasizes the necessity of transparency and accountability in governance.

Regarding fiduciary relationships, the Court clarifies that the RBI's duty primarily lies in upholding the interest of the public at large, rather than fostering a fiduciary relationship with other banks.

The Court rejects the RBI's argument that disclosing certain information would harm the economic interest of the nation, stating that transparency serves the public interest and prevents the concealment of irregularities.

It is affirmed that the RBI, as a public authority, is bound by the provisions of the RTI Act, and withholding information on grounds such as economic interest or fiduciary relationship is not justified in this case.