Monopolies and Restrictive Trade Practices Act, 1969 – Section 12B – Compensation Applications – The appellants filed compensation applications under Section 12B of the MRTP Act, which were dismissed by the Competition Appellate Tribunal on the ground that no separate proceedings under Sections 10 or 36B were initiated – Supreme Court held that Section 12B provides an independent remedy for compensation and does not require initiation of separate proceedings under Sections 10 or 36B [Paras 2-3, 10-12].

Statutory Interpretation – Independent Remedies – The Court emphasized that Section 12B was introduced as an independent remedy and is not dependent on proceedings under other sections of the MRTP Act – The provisions of Sections 10 and 36B are not interdependent with Section 12B – The MRTP Commission has the power to inquire into compensation claims independently under Section 12B [Paras 11-12].

Previous Judgments – The Court referred to its decision in Saurabh Prakash v. DLF Universal Ltd., which held that the power to award compensation under Section 12B is restricted to cases involving monopolistic, restrictive, or unfair trade practices – The Court clarified that this decision did not address the issue of interdependence of Sections 10, 36B, and 12B [Paras 8-9].

Decision – Appeals allowed – Held – The impugned orders of the Competition Appellate Tribunal are set aside – The appellants' compensation applications under Section 12B of the MRTP Act are maintainable without the need for separate proceedings under Sections 10 or 36B – The Tribunal to consider the compensation claims on their merits in accordance with the law [Paras 13].

Hindu Marriage Act, 1955 – Section 13(1)(i-a) – Divorce – The respondent-husband deposed about constant and consistent ill-treatment by the appellant-wife, leading to mental cruelty – Allegations of conspiracy for dowry and aspersions on the character of the husband and his family were made without evidence – Despite the allegations of desertion not being proved due to lack of specific pleadings, the decree for dissolution of marriage was affirmed on grounds of mental cruelty [Paras 2-10, 19-24, 29-30].

Evidence Act, 1872 – Sections 65, 66 – Admissibility of Secondary Evidence – Secondary evidence relating to the contents of a document is inadmissible unless non-production of the original is accounted for under the section – Mere admission of a document in evidence does not amount to its proof – The foundational evidence must authenticate that the alleged copy is a true copy of the original – The High Court's view that secondary evidence was admissible due to non-production of the original by the appellant's father was not legally sound [Paras 11-18].

Permanent Alimony – Considerations and Determination – No arithmetic formula can be adopted for determining permanent alimony – It depends on the status of the parties, their social needs, financial capacity of the husband, and other obligations – The Court must ensure the wife lives with dignity and comfort, avoiding any man-made misfortune – Permanent alimony of Rs. 50 lakhs was awarded to the wife and minor son, with Rs. 20 lakhs kept in a fixed deposit for the son's benefit [Paras 31-34].

Decision – Appeals dismissed – Held – Decree for dissolution of marriage affirmed only on the ground of mental cruelty – High Court's judgment upheld with modifications regarding permanent alimony – Costs to be borne by respective parties [Paras 30, 35].

Constitution of India, 1950 – Article 136 – Special Leave Petition – The appellant sought permission to file a special leave petition under Article 136 to assail the judgment and order of the High Court, which dismissed the government appeal against the acquittal of the accused in a criminal trial for offenses under Sections 363, 366, 328, 323, 506, 368, and 376(2)(g) IPC – The Supreme Court granted leave, emphasizing the necessity for reasoned judgments by the High Court [Paras 1-3].

Obligation of High Courts – Reasoned Judgments – The Supreme Court reiterated that High Courts must provide reasons for their decisions when disposing of criminal appeals – It is necessary for the High Courts to reflect due cogitation, application of mind, and proper consideration of facts – A mere reference to the trial court's judgment without independent analysis does not fulfill this obligation [Paras 8-19].

Precedents and Legal Principles – The Court referred to several judgments emphasizing the requirement for reasoned decisions, including State of Uttar Pradesh v. Jagdish Singh and Others, State of U.P. v. Haripal Singh and Another, and Narendra Nath Khaware v. Parasnath Khaware and Others – The Court highlighted that "reason" is the heartbeat of every conclusion and essential for the validity of a judgment [Paras 9-14].

Decision – Appeal allowed – Held – The judgment of the High Court dismissing the government appeal without providing reasons is set aside – The appeal is remitted to the High Court for re-hearing and disposal with a reasoned judgment – The High Court is directed to dispose of the appeal within four months from the date of receipt of this order [Paras 19-20].

Indian Penal Code, 1860 – Sections 395, 396, 397 – Dacoity and Murder – The appellants were convicted and sentenced to death by the trial court under Sections 395, 396, and 397 IPC for committing dacoity and murder – Supreme Court found flaws in the trial court's reasoning and approach, particularly in awarding the death sentence – Emphasized the requirement for a meticulous examination of evidence and adherence to established legal principles for imposing death penalty [Paras 2-8, 12-14].

Criminal Procedure Code, 1973 – Section 313 – Recording of Accused's Statements – The Court noted procedural lapses in the recording of the accused's statements under Section 313 CrPC – Proper and fair recording of statements is essential for ensuring justice and upholding the rights of the accused [Paras 7-8].

Evidence Act, 1872 – Section 27 – Admissibility of Evidence – The Court discussed the admissibility and reliability of evidence, especially regarding the recovery of weapons and identification of the accused – Highlighted the importance of a proper identification parade and the inadmissibility of evidence obtained through improper means [Paras 23-25, 30-34].

"Rarest of Rare" Doctrine – Application and Principles – The Court reiterated the principles for applying the "rarest of rare" doctrine, emphasizing that death penalty should be imposed only in cases where the alternative option is unquestionably foreclosed – Criticized the trial court for relying on extraneous factors and speeches by non-judicial persons in awarding the death sentence [Paras 15-22, 40-59].

Decision – Appeal allowed – Held – Conviction under Sections 395, 396, 397 IPC upheld, but the death sentence converted to life imprisonment – Directed the immediate release of A2 if not wanted in any other case – Stressed the need for adherence to legal principles and avoidance of extraneous influences in judicial decision-making [Paras 60].

Master Circular on Wilful Defaulters – Definition and Scope – The appeals focus on whether the Master Circular issued by the Reserve Bank of India (RBI) covers defaults in derivative transactions. The Supreme Court clarifies that the Master Circular is intended to cover all cases of wilful defaults involving payment obligations to banks, not limited to traditional lender-borrower relationships. The Circular's objective is to prevent further financial assistance to parties who have defaulted on payment obligations, including those arising from derivative transactions .

Context and Interpretation – The Court emphasized that statutory provisions and regulatory circulars must be interpreted in their entirety and context, taking into account the purpose and mischief they aim to address. The term "wilful default" in the Master Circular must be understood broadly to include defaults on derivative transactions, ensuring the integrity and stability of the financial system .

Confidentiality and Disclosure – The Court discussed the confidentiality provisions under the Reserve Bank of India Act, 1934, and the circumstances under which information regarding defaults can be disclosed. The Court upheld that banks are required to disclose default information to the RBI and other banks, ensuring compliance with regulatory standards and transparency .

Principle of Natural Justice – The Supreme Court highlighted the need for banks to adhere to principles of natural justice when classifying a party as a wilful defaulter. The banks must provide adequate notice and an opportunity to be heard to the parties involved before making such determinations .

Decision – Appeals allowed – Held – The interpretation of the Master Circular by the Calcutta High Court was incorrect, and the Bombay High Court's broader interpretation was upheld. The Master Circular applies to defaults under derivative transactions, and banks must ensure proper procedure and transparency in reporting wilful defaulters. The appeals are allowed, and the matters are remitted to the respective High Courts for further proceedings consistent with the Supreme Court's interpretation .

Advocates Act, 1961 – Section 35 – Professional Misconduct – The complainant, Narain Pandey, filed a complaint against Pannalal Pandey, an advocate, alleging involvement in numerous false cases by forging documents, including settlement documents, without the knowledge of the parties in the Consolidation Court – The Bar Council of Uttar Pradesh (BCUP) found the respondent guilty of professional misconduct, and he was debarred from practice for seven years – The Bar Council of India (BCI) modified the punishment to reprimand and a fine of Rs. 1000, failing which suspension for six months – Supreme Court restored the findings of BCUP and modified the punishment to suspension from practice for three years [Paras 1-19].

Professional Misconduct – Importance of Integrity – The Supreme Court highlighted the significance of maintaining high ethical standards in the legal profession, stressing that misconduct by advocates must be dealt with strictly to uphold the dignity and integrity of the profession – The Court emphasized that leniency in cases of grave misconduct would compromise the administration of justice and public trust in the legal system [Paras 18].

Decision – Appeal allowed – Held – The Supreme Court restored the findings of the Disciplinary Committee BCUP, confirming the serious professional misconduct by the respondent – The punishment awarded by the BCI was modified, and the respondent was suspended from practice for three years from the date of the judgment – Copies of the order to be sent to the Secretary of the State Bar Council Uttar Pradesh and the Secretary of the Bar Council of India [Paras 19-20].

Karnataka Stamp Act, 1957 – Article 5 – Stamp Duty on Lease-cum-Sale Agreements – The respondents were members of KendriyaUpadhyayaraSangha (the Sangha), which allotted residential sites to its members through Lease-cum-Sale Agreements. The sub-Registrar collected stamp duty on the market value of the properties at the time of execution of the Absolute Sale Deeds. The respondents sought a refund of the stamp duty paid on the absolute Sale Deeds, claiming it was excessive and already covered under the Lease-cum-Sale Agreements. The High Court directed the refund, holding that the respondents were entitled to a deduction of the stamp duty already paid [Paras 1-3].

Condonation of Delay – Sufficient Cause – The State of Karnataka filed an appeal against the High Court's decision with a delay of 449 days. The Supreme Court condoned the delay, emphasizing the financial implications on the State Exchequer and the importance of addressing the substantive legal issues raised by the State. The reasons provided for the delay were deemed acceptable [Paras 7-8].

High Court’s Jurisdiction – Examination of Merits – The Supreme Court criticized the Division Bench of the High Court for dismissing the appeals on the ground of delay and failing to adequately consider the substantive grounds urged by the State, particularly in light of Article 5(e) and Explanation (ii) of the Karnataka Stamp Act. The Court directed the High Court to reconsider the matter on merits [Paras 8-9].

Decision – Appeals allowed – Held – The Supreme Court set aside the impugned order of the Division Bench and remitted the case to the High Court for fresh consideration. The High Court was directed to restore the writ appeals and dispose of them on merits, in accordance with law, after providing an opportunity to all parties involved, including the newly impleaded respondents. The High Court was requested to complete the proceedings within six months from the date of receipt of the judgment [Paras 9-10].

Contempt of Courts Act, 1971 – Sections 2(b), 12 – Contempt of Court – The appellant, a senior IAS officer, was found guilty of contempt by the High Court of Patna for willfully disobeying its order dated 21.08.1995. The High Court imposed a punishment of two months' simple imprisonment and a fine of Rs. 2000. The Supreme Court, while upholding the finding of contempt, modified the punishment by imposing a stern warning instead of imprisonment, considering the appellant’s remorse and his retirement [Paras 1-12].

Background and Facts – Shiv Prasad Singh, a Block Supply Officer, wasdismissed from service in 1977 on charges of bribery. He was later reappointed in 1980 with a condition of no future promotions. Despite this, he sought time-bound promotions through a writ petition, which was granted by the High Court in 1995, directing the government to consider his representation. The appellant, as Commissioner, later canceled these promotions in 2003, leading to contempt proceedings [Paras 2-5].

Non-Compliance and Contempt – The High Court found the appellant's cancellation order in violation of its 1995 directive. Despite being a senior officer with 30 years of experience, the appellant claimed misunderstanding of the order. The Supreme Court noted that he should have sought clarification from the High Court instead of reversing the promotions [Paras 6-10].

Decision – Appeal partly allowed – Held – While upholding the finding of contempt, the Supreme Court modified the punishment from two months' simple imprisonment to a stern warning, considering the appellant’s age and expressed remorse. The fine of Rs. 2000 was affirmed, to be paid within four weeks, failing which the imprisonment would be revived. The appeal was disposed of with these directions [Paras 11-12].

Constitution of India, 1950 – Article 20(3) – Right against self-incrimination – Voice sample – The Supreme Court examined whether compelling an accused to provide a voice sample during an investigation violates the right against self-incrimination under Article 20(3) – The Court concluded that taking a voice sample does not amount to testimonial compulsion – It is akin to providing fingerprints or a handwriting sample, which do not convey personal knowledge but serve as identification data – Hence, it does not infringe Article 20(3) [Paras 8-18].

Criminal Procedure Code, 1973 – Sections 53, 54 – Magistrate's Authority – The Court considered whether there is any provision in the CrPC or any other law that authorizes a Magistrate to direct the accused to provide a voice sample – The Court observed that while there is no explicit provision, the power can be implied under Section 53, which deals with medical examination of the accused at the request of a police officer – The Magistrate can utilize ancillary powers to aid the investigation, including directing the accused to provide a voice sample [Paras 19-42].

Identification of Prisoners Act, 1920 – Section 5 – The Court examined whether the Identification of Prisoners Act permits taking voice samples – The Act allows for the measurement and photographs of convicts and others – The term "measurements" can be interpreted to include voice samples, which are a form of physical identification – The Court supported a broader interpretation to strengthen the investigative process [Paras 23-32].

Evidence Act, 1872 – Section 73 – Comparison of Signatures, Handwriting, or Seal – The Court noted that Section 73 of the Evidence Act permits the comparison of signatures, handwriting, or seals – While it primarily applies to proceedings before the court, it does not directly address the collection of voice samples during the investigation stage – The Court suggested legislative amendments to explicitly cover such scenarios [Paras 33-44].

Decision – Appeal dismissed – Held – The Supreme Court upheld the order of the High Court, affirming the direction to the appellant to provide a voice sample – The Court emphasized the necessity of legislative amendments to provide clear guidelines and strengthen the legal framework for modern investigative techniques [Paras 47-49].