Facts:

The appeal involves the denial of access to common carrier capacity by GAIL (India) Ltd. to the second respondent, leading to a complaint before the Petroleum and Natural Gas Regulatory Board (PNGRB). The dispute arises under the relevant regulations of the PNGRB Act, with the appellant being accused of discriminatory practices in booking common carrier capacity.

Issues:

Whether the denial of access to common carrier capacity on a reasonable endeavor basis constitutes discriminatory practices amounting to restrictive trade practices.

The case involves an interpretation of the Petroleum and Natural Gas Regulatory Board Act, 2006, and related regulations.

Held:

The court found that the appellant, in booking common carrier capacity, acted in a discriminatory manner, leading to restrictive trade practices. The court upheld the penalty of Rs. 1 lakh imposed by the Board on the appellant. However, the court identified a crucial aspect related to the application of the Petroleum and Natural Gas Regulatory Board (Affiliate Code of Conduct for Entities Engaged in Marketing of Natural Gas and Laying, Building, Operating, or Expanding Natural Gas Pipeline) Regulations, 2008, which was not adequately considered by the lower authorities.

The court framed the issue regarding the applicability of the aforementioned Regulations and directed both parties to file additional pleadings before the Board. The court set a timeline for the Board to dispose of the complaint, granted liberty to the complainant to apply for an interim order, and emphasized that it had not expressed any opinion on the merits of the case. The impugned order was set aside, and the matter was remitted to the Board for further consideration. The appeal was disposed of with no order as to costs.

Facts:

Joint family property partitioned between two brothers, Mahabalaiah and Thimmappa.

Thimmappa's widow, Gowramma, and three daughters left after his death.

Legal dispute arises over the widow's will, bequeathing her share to only one daughter.

Issues:

Interpretation of Sections 4(1)(ii), 8(1)(d), and 10(1)(g) of the Hindu Law Women's Rights Act, 1933.

Whether joint family property passed to Thimmappa's widow and unmarried daughters by survivorship or partition.

Held:

The court holds that Section 8(1)(d) does not apply when joint family property passes through partition, not survivorship.

Rejects the application of Section 10(1)(g) as it pertains to stridhana inherited from a husband, not a father.

Succession to a Hindu male dying intestate vests only in the widow under Section 4(1)(ii) to the exclusion of the daughters.

Appeals allowed, setting aside lower court judgments, and dismissing the suit.

Referred Cases:

Byamma Vs. Ramdev, I.L.R. 1991 KAR 3245

Sathyaprema Manjunatha Gowda Smt Vs. Controller of Estate Duty, Karnataka, (1997) 10 SCC 684

Nagendra Prasad Vs. Kempananjamma, AIR 1968 SC 209

Nagendra Prasad Vs. Kempananjamma, (1968) 1 SCR 124

Smt. Ramakka Vs. Smt. Thanamma since deceased by LR, P. Srinivas, ILR 2014 Karnataka 1335

Final Result : Allowed

Facts:

The students of JSS Medical College have completed 4 1/2 years of their MBBS course and are anticipated to finish their studies in June of the relevant year. The College failed to comply with previous court orders, permitting students to continue their studies.

Issues:

The completion of the MBBS course by students, the non-compliance of JSS Medical College with court orders, and the appropriate measures to be taken in response to these issues.

Held:

The court holds that, considering the peculiar facts of the case, the students are allowed to complete their course and obtain degrees. However, due to the College's non-compliance, the court imposes a penalty of Rs. 5,00,00,000/- on JSS Medical College, directing the amount to be deposited in the Supreme Court's Registry within four weeks. This penalty is explicitly stated not to be recovered from students or adjusted against future fees or facilities for subsequent batches. In addition, for the academic year 2016-17, the court limits JSS Medical College's admission to 150 students, instead of the sanctioned strength of 200. The appeal stands disposed of.

Referred Cases:

Medical Council of India Vs. JSS Medical College, (2012) 5 SCC 628

Facts:

The case involves a dispute over a tender for the installation and supply of a centralized liquid medical oxygen system.

The High Court had imposed costs of Rs. 10 lakhs on the petitioner (Sciemed Overseas Inc.) for filing a false or misleading affidavit.

The High Court also found the contract awarded to the petitioner to be improper and of a commercial nature.

Issues:

Whether the High Court was correct in imposing costs on the petitioner for filing a false affidavit.

Whether the contract awarded to the petitioner was improper and of a commercial nature.

Held:

The Supreme Court, in upholding the High Court's decision, emphasized the need to preserve the sanctity of affidavits and discourage the filing of irresponsible statements. The Court found that the false statement made in the affidavit had a significant impact on the proceedings. The petitioner's attempt to justify the misleading affidavit was rejected. The Court cited previous cases, including Suo Moto Proceedings Against R. Karuppan and Muthu Karuppan, to underscore the importance of curbing the filing of false affidavits.

The petition is dismissed, and the imposition of costs by the High Court is upheld. The petitioner is granted six weeks to deposit the costs with the Jharkhand Legal Services Authority, and compliance is to be reviewed after eight weeks in the High Court.

Referred Cases:

BOC India Limited Vs. State of Jharkhand, (2009) 1 AIR Jhar R. 26 Jhark

Muthu Karuppan Vs. Parithi Ilamvazhuthi, (2011) 5 SCC 496

Suo Moto Proceedings Against R. Karuppan, Advocate, (2001) 5 SCC 289

Facts:

The accused, Ramen Dowarah, and Janmejoy Gogoi were charged with house trespass, rape, and murder. The incident involved allegations of the accused entering the victim's house, committing rape, and setting her ablaze with kerosene oil. The trial court convicted Ramen Dowarah, but the High Court partially allowed the appeal, altering the conviction and reducing the sentence.

Issues:

Whether the sexual intercourse was consensual, the intention of the accused in setting the victim ablaze, and the correct application of legal provisions, specifically Under Sections 302 and 304 Part II of the Indian Penal Code.

Held:

In a thorough analysis of the evidence, the Supreme Court rejected the High Court's finding of consensual sexual intercourse. It concluded that the accused intended to kill the victim after committing the crime to silence her. The Court set aside the High Court's decision, restored the trial court's findings, and reinstated the conviction and sentence passed by the trial court. The judgment emphasized that the act amounted to murder Under Section 302 of the Indian Penal Code. The appeal is accordingly allowed.

Referred Cases:

Bandarupalli Venkateswarlu Vs. State of Andhra Pradesh, (1975) 3 SCC 492

State of Punjab Vs. Gurmit Singh, (1996) 2 SCC 384

Facts:

The Supreme Court Women Lawyers Association (SCWLA) filed a petition under Article 32 of the Constitution of India, seeking the imposition of "chemical castration" as an additional punishment for individuals who commit sexual offenses against girl children, including infants as young as 28 days old.

Issues:

Whether the court has the authority to suggest a specific punishment, such as "chemical castration," for child abusers.

Whether the existing legal provisions, including Section 376 of the Indian Penal Code, are sufficient to address the heinous crimes committed against girl children.

Whether there is a need to define the term "child" in the context of rape, particularly with a distinction for girl children up to the age of 10.

Held:

The court, while recognizing the gravity of the crimes and the need for legislative measures, asserted that it cannot create offenses or legislate punishments, as it falls within the purview of the legislature. The court made a suggestion to the legislature to define the term "child" in the context of rape, with a possible distinction for girl children up to the age of 10, based on the belief that, by that age, a child may not conceive of any carnal desire. The court expressed hope that Parliament would respond to the collective agony and consider the suggestions made. The writ petition is accordingly disposed of.

Referred Cases:

D.K. Basu Vs. State of W.B., (1997) 1 SCC 416

Laxmi Kant Pandey Vs. Union of India, (1987) 1 SCC 66

Manoj Narula Vs. Union of India, (2014) 9 SCC 1

S. Gopal Reddy Vs. State of A.P., (1996) 4 SCC 596

Sakshi Vs. Union of India, (2004) 5 SCC 518

State of Punjab Vs. Gurmit Singh, (1996) 2 SCC 384

Vishaka Vs. State of Rajasthan, (1997) 6 SCC 241

Facts:

The case involves Umang Dinesh Kuwadia and another (Appellants) versus the State of Maharashtra and another (Respondent). After detailed arguments and a review of the records, both parties have agreed to settle the matter. The settlement is accepted on instructions from Mrs. Ishita Jitendra Dagaonkar, wife of Shri Jitendra Dagaonkar (respondent No.2), who is present in court.

Issues:

The resolution of disputes between the parties and the terms of the settlement.

Held:

After considering the material on record, the Bench decides that a one-time lump sum payment of Rs. 1.25 crores should be made by the appellants to respondent No.2 in full and final settlement of the disputes. This amount is to be paid through a demand draft within a period of four weeks from the date of the decision. Importantly, the benefit of this order is explicitly limited to the advantage of respondent No.2 and does not extend to any other member of the housing society. In light of the settlement, the complaint filed by respondent No.2 is quashed. The criminal appeal is disposed of.

Facts:

The case involves a review petition (Review Petition (Civil) No. 891 of 2015) related to a judgment (Civil Appeal No. 209 of 2015) delivered on January 8, 2016.

Issues:

The correctness of the reservation in promotion within Group A posts and the salary scale criterion as addressed in the original judgment.

Held:

The Court observed an error in the original judgment concerning the reservation in promotion. The error, particularly noted in paragraph 3 of the judgment, erroneously stated that reservation is provided in promotion by selection for posts carrying a salary of less than Rs. 5,700 per month. This was deemed a mistake on the face of the record and contradicted other parts of the judgment. The Court, guided by the doctrine of ex debito justitiae and the fundamental principle of justice administration, allowed the review petitions. Paragraphs 33 to 36 of the original judgment were deleted, along with the directions contained therein. Additionally, the directions in paragraph 37 were set aside, and a new paragraph 33 was inserted.

Referred Cases:

A.R. Antulay Vs. R.S. Nayak, (1988) 2 SCC 602

S. Nagaraj Vs. State of Karnataka, (1993) Sup 4 SCC 595

Satyanarayan Laxminarayan Hegde Vs. Mallikarjun Bhavanappa Tirumale, AIR 1960 SC 137

State of Rajasthan Vs. Surendra Mohnot, (2014) 14 SCC 77

Facts:

A petition was filed before the Designated Authority (DA) alleging dumping of caustic soda from China and Korea.

Preliminary findings indicated dumping, except for one exporter from Korea (HCC), at less than its normal value.

Notification imposing preliminary anti-dumping duty was issued.

Issues:

Challenge to the determination of DA on anti-dumping duty and the imposition of the duty.

Discrepancies in the application of costing principles between HCC and domestic industry.

Lack of consideration of the concept of "Equal Economic Importance" in the tribunal's decision.

Held:

The tribunal, relying on HCC's case, emphasized the need for a fair comparison between export price and normal value at the same level of trade. The tribunal found discrepancies in the application of costing principles between HCC and other non-cooperative exporters from Korea, directing the DA to adopt an equitable basis for cost apportionment.

Except HCC, other exporters did not cooperate. The complainant succeeded in establishing injury, and the tribunal set aside the order and notification based on the principle determined in HCC's case and the substantial cost of chlorine as a co-product.

The tribunal's approach lacked consideration of "Equal Economic Importance." It mechanically adopted principles without dwelling upon the rise in the price of chlorine and failed to distinguish HCC's case from other exporters.

Decision: The court set aside the tribunal's order, directing a fresh consideration of the case. The tribunal should reevaluate, considering the concept of "Equal Economic Importance" and ensuring a rational and pragmatic basis for decision-making.

Referred Cases:

Decided on : 07-01-2016

Central Excises and Salt Act, 1944 - Section 3

Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 - Rule 11, Rule 14, Rule 16, Rule 17, Rule 5, Rule 5(1), Rule 5(3), Rule 5(4)

Customs Tariff Act, 1975 - Section 9A

Customs Tariff Act, 1995 - Section 9A, Section 9A(1), Section 9A(2), Section 9A(6)

Anti-Dumping Duty — Tribunal opined that in case of HCC cost had been correctly determined by the DA taking the chlorine as a co-product and separating its manufacturing cost during the process of manufacture of caustic soda at the stage of separation of chlorine and caustic soda on the basis of the value of production and the same principle should have been adopted by the DA in case of domestic industry. — The tribunal opined that the identical treatment was not given to the domestic manufacturers and HCC. — -Tribunal hold that the non-injurious price was not correctly determined by the DA and, accordingly, set aside the Notification and the final findings of the DA on non-injurious price and injury margin and remanded the matter to the DA for fresh determination of non-injurious price and injury margin by reasonable and equitable distributing the cost of production between the chlorine and caustic soda and issue findings afresh in accordance with law. — Tribunal should have dwelled upon the said facet before it recorded the finding whether it is a co-product or a by-product. It is because the "Equal Economic Importance" has to be considered on a rational and pragmatic basis. It is the duty of the tribunal to see whether the DA had considered the said aspects or proceeded on hypothetical basis. The tribunal has the jurisdiction to appreciate the evidence in entirety and arrive at a conclusion and that having not been done and the entire judgment having been based on the application of M/s. Hanwha Chemical Corporation's case and the price rise in the price of Chlorine, we are constrained to dislodge the judgment and order of the tribunal.

Counsel for Appearing Parties

Lawyer S. Knit & Co., B. Krishna Prasad, Praveen Kumar, Vishwajit Singh and Suresh A. Shroff and Co., Advocates, for the Appellant;

Cases Referred

Commissioner of Customs, Bangalore Vs. M/s G.M. Exports, (2015) 1 SCALE 169

Reliance Industries Ltd. Vs. Designated Authority, (2006) 10 SCC 368

S&S Enterprise Vs. Designated Authority, (2005) 3 SCC 337