Facts:

Saraswati Kumari, daughter of the appellant, went missing after attending a festival.

Her dead body was found the next day with signs of strangulation and sexual assault.

The appellant sought custody of the body for cremation and later addressed letters to authorities seeking compensation and action against the alleged perpetrators.

Statements of witnesses were recorded by the police, but no action was initially taken.

A private complaint was filed by the appellant before the Additional Chief Judicial Magistrate, leading to investigations being conducted.

The High Court quashed the summoning order issued by the Magistrate based on doubts regarding the recorded statements of witnesses.

Issues:

• Whether the statements of witnesses disclosed a prima facie case leading to offenses under the Indian Penal Code.

• Whether the High Court's decision to quash the summoning order was justified.

Held:

The Court held that the delayed recording of statements had reasons, which could only be fully evaluated after evidence was recorded. It was found that the statements did disclose a prima facie case leading to offenses under the Indian Penal Code. Therefore, the High Court's decision to quash the summoning order was set aside, and the accused were directed to appear before the Additional Chief Judicial Magistrate.

The observations made by the Supreme Court should not be construed as expressing an opinion on the merits of the controversy. The appeal was allowed accordingly.

Facts:

Mediciti Institute of Medical Sciences (MIMS), seeking to increase its MBBS student intake from 100 to 150 for the academic year 2015-16, faced deficiencies noted by the Medical Council of India (MCI) during inspections in December 2014 and May 2015.

The MCI's Executive Committee recommended against renewing permission for increased student intake based on these deficiencies.

MIMS challenged this decision in the Delhi High Court, which directed the MCI to conduct another inspection to verify if the deficiencies had been rectified.

Issues:

Whether the High Court had the authority to direct the MCI to conduct a re-inspection of MIMS despite deficiencies noted in previous inspections.

Whether MIMS should be permitted to increase student intake based on the existing deficiencies.

Held and Decision:

It was not appropriate for the High Court to direct another inspection by the MCI as the norms set by the MCI had not been fulfilled by MIMS.

Diluting the minimum standards in medical education could produce inadequately trained doctors, which would be detrimental to society.

The laws governing permission for medical colleges, including increasing student intake, were regulated by the Establishment of Medical College Regulations, 1999, and the High Court's direction did not align with the prescribed schedule of dates.

Therefore, the High Court's direction for a re-inspection was set aside, and the appeals filed by the MCI were allowed.

Facts:

The Poona Employees Union filed an application before the Industrial Court seeking registration as a recognized union, replacing the existing recognized union, BKS Union, in the undertaking.

The Industrial Court initially granted recognized union status to the appellant union, considering factors like membership and compliance with relevant sections of the Act.

However, the High Court overturned this decision, ruling that the appellant union was not eligible for recognized union status.

Issues:

Whether the appellant union met the eligibility criteria for recognized union status under the Act.

Whether the decision of the High Court was justified in overturning the Industrial Court's decision.

Held:

The exercise of examining an application for recognized union status is not a mere formality but requires a thorough assessment of eligibility and bona fides.

The report of the Investigating Officer revealed discrepancies regarding the appellant union, including failure to deposit membership fees and incomplete submission of required information.

Affidavits submitted by the appellant union did not overwhelmingly support its claim of majority membership.

The adjudication on issues like deduction of bonus amount by the company did not conclusively support the appellant union's case.

The Supreme Court upheld the decision of the High Court, stating that its analysis of the evidence and application of the law was logical and rational.

The Court emphasized the limited scope of its jurisdiction under Article 136 of the Constitution, stating that it would only intervene in cases of manifest illegality or serious miscarriage of justice.

Decision: The appeals were dismissed, affirming the High Court's decision regarding the recognized union status of the appellant union.

Facts:

The case involved an arbitration agreement among four business groups owned by four brothers and their families. Various legal proceedings were initiated, including company petitions in the Bombay High Court and the Rajasthan High Court. During the arbitration proceedings, certain legal actions were taken by different parties, leading to the setting aside of the arbitration award by the Delhi High Court.

Issues:

Whether the arbitration award was valid in light of the family settlements approved by the Bombay High Court and the Rajasthan High Court?

Whether the actions of the parties, particularly in not honoring settlement agreements and attempting to obstruct them, were permissible?

Whether the remand order issued by the Division Bench of the Rajasthan High Court was justified?

Held:

The court determined that the award needed to be set aside under Section 30 of the Arbitration Act, 1940, as it was otherwise invalid on the date of consideration due to the family settlements approved by the relevant high courts.

The court emphasized the importance of honoring family settlements and noted that attempts to obstruct such settlements were impermissible, especially considering the status of the head of the family (Karta) under Hindu Law.

The court criticized the remand order issued by the Division Bench of the Rajasthan High Court, stating that it was based on technical grounds rather than defects in the settlement agreements. The court set aside the remand order and affirmed the family arrangements made in 1994 and 1995.

Civil Appeal No. 3687 of 2006 is allowed to the aforesaid extent and is disposed of accordingly.

Facts:

Magnum Capital Services, a partnership firm, converted into Magnum Equity Services Limited, a corporate entity, with six out of seven erstwhile partners becoming Whole-time Directors.

SEBI rejected Magnum's claim for fee continuity, citing non-compliance with Paragraph I(4) of Schedule III of SEBI Regulations.

Sodhani and Company also faced rejection of fee continuity by SEBI after converting into Sodhani Securities Ltd.

Issues:

Interpretation of Paragraph I(4) of Schedule III of SEBI Regulations.

Applicability of The General Clauses Act, 1897 to SEBI Regulations.

Held:

The Court held that The General Clauses Act, 1897 did not apply to SEBI Regulations.

The interpretation of Paragraph I(4) required either an erstwhile partner to be a Whole-time Director holding 40% equity or collectively, the erstwhile partners holding 40% equity.

The subsequent entry or exit of partners did not affect fee continuity eligibility as long as the minimum requirements were met.

The Circular dated 12.9.2002 issued by SEBI was not clarificatory and could not retroactively change the interpretation of the provision.

The Appeals were dismissed, affirming the Tribunal's decision.

Facts:

The appellants, D. N. Jeevaraj and others, were allotted plots by the Bangalore Development Authority (BOA) through a lease-cum-sale agreement.

The appellants sought amalgamation of their plots, which was rejected by the BOA. Despite this, they commenced construction.

A public interest litigant filed a writ petition alleging illegal construction, based on a news report.

The High Court quashed the orders sanctioning the building construction plans.

Issues:

Whether there was a violation of the lease-cum-sale agreement or sanctioned building plans.

Whether the High Court's intervention was justified in the matter.

The influence of the second appellant on the decision-making process.

Held:

The Court held that there was no violation of the lease-cum-sale agreement or sanctioned building plans.

Corrective measures could be made until an occupancy certificate or completion certificate is granted.

The lease agreement didn't prohibit the construction of multi-storey buildings as long as they were for human habitation and complied with regulations.

The argument regarding the influence of the second appellant on the decision-making process was dismissed due to lack of evidence.

The Court emphasized the importance of public interest litigation but cautioned against entertaining cases that might not serve the larger public interest.

The High Court's interference in the discretion of statutory authorities was criticized, and the need for reasoned decisions in legal matters was emphasized.

Decision: The Supreme Court allowed the appeals, stating that there was no violation of the lease agreement or building regulations. It criticized the High Court's interference in the discretion of statutory authorities and emphasized the need for reasoned decisions in legal matters.

Facts:

Mr. A.R. Dahiya entered into an agreement with HSIDC to buy back shares of a company.

Mr. Dahiya did not disclose this transaction in a public announcement regarding the acquisition of shares.

SEBI issued directions to Mr. Dahiya for violating regulations related to disclosure in public announcements.

Issues:

Whether the transaction with HSIDC was exempt from disclosure regulations.

Whether Mr. Dahiya's argument that the transaction was a guarantee rather than an acquisition is valid.

Whether the post-dated cheques issued by Mr. Dahiya constituted consideration for the buy-back of shares, thus making it an acquisition that needed to be disclosed.

Held:

The Supreme Court dismissed Mr. Dahiya's appeal, affirming SEBI's order. The court held that:

The transaction with HSIDC was not exempt from disclosure regulations, and Mr. Dahiya was obligated to disclose it in the public announcement.

The post-dated cheques issued by Mr. Dahiya to HSIDC constituted consideration for the buy-back of shares, making it an acquisition that needed to be disclosed.

The definition of acquisition encompasses agreements to acquire shares, even if the transfer has not yet occurred.

Mr. Dahiya failed to disclose the transaction in the public announcement, violating regulations. Therefore, SEBI's order against Mr. Dahiya for failing to disclose the transaction in a public announcement related to the acquisition of shares was upheld by the Supreme Court.

Facts:

SEBI initiated an investigation into share-price rigging by Roofit Industries Ltd.

Roofit failed to comply with SEBI's summons to provide documents and information.

Penalties were imposed by SEBI on Roofit and related companies under Section 15A of the SEBI Act.

Roofit appealed the penalties to the SAT, which reduced the penalties based on extraneous grounds.

Issues:

Whether SAT erred in reducing the penalties based on extraneous grounds not mentioned in Section 15J of the SEBI Act.

The applicability of penalties under Section 15A of the SEBI Act before and after the 2002 amendment.

Whether the failure to furnish documents constituted a continuing default.

Held:

The Court held that SAT erred in reducing the penalties based on extraneous grounds and reinstated the penalties originally imposed by SEBI. The Court clarified that the penalties applicable were under the pre-amendment provision of Section 15A, as the failure to furnish documents occurred before the 2002 amendment.

The Court determined that the failure constituted a complete default on the date set by SEBI for furnishing documents, and therefore, penalties were to be imposed accordingly.

Facts:

Dev Raj owned substantial land in a village in Himachal Pradesh.

Proceedings under the Himachal Pradesh Ceiling on Land Holdings Act, 1972 were initiated to determine surplus land owned by Dev Raj.

Dispute arose regarding whether land owned by Dev Raj's family members should be considered collectively or individually for determining permissible land area under the Act.

Issues:

Whether the land owned by family members should be considered collectively for determining permissible land area under the Act?

Interpretation of Section 4 of the Himachal Pradesh Ceiling on Land Holdings Act, 1972.

Applicability of the principle of stare decisis.

Held:

The Court analyzed various provisions of the Himachal Pradesh Ceiling on Land Holdings Act, 1972, particularly Section 4, which deals with permissible land area. The court disagreed with the interpretation of the High Court and a previous Full Bench decision, emphasizing that the Act treats the family as a unit for determining permissible land area.

The court also rejected the application of the principle of stare decisis, stating that the statutory provisions were clear and not subject to multiple interpretations. Considering the facts and relevant provisions of the Act, the Supreme Court concluded that the High Court's judgment was contrary to the law and set it aside. Therefore, the Court allowed the appeal and upheld the orders passed by the revenue authorities.