Supreme Court of India Judgements

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Category: State Laws

State Laws

Punjab Agricultural Produce Markets Act, 1961 — Section 23 — Punjab Rural Development Act, 1987 — Section 5 — Exemption from Market fees — Market fees and Rural Development fees are distinct fees levied under two different statutes with different objects and purposes — The court further clarified that the exemption from Market fees under the 2003 Industrial Policy does not automatically extend to Rural Development fees — The court set aside the orders of the Punjab & Haryana High Court and dismissed the writ petition exemption from payment of Rural Development fees.

Jul 16, 2024 sclaw

2024 INSC 526 SUPREME COURT OF INDIA DIVISION BENCH STATE OF PUNJAB AND OTHERS — Appellant Vs. M/S PUNJAB SPINTEX LTD. — Respondent ( Before : Vikram Nath and Prashant…

State Laws

“Jalkar vs. Private Ownership: Supreme Court Settles Dispute Over Pond Land in Bihar” Bihar Consolidation of Upholdings and Prevention of Fragmentation Act, 1956 – Section 37 – Bar of jurisdiction of Civil Courts – The dispute involves 0.32 decimal of land in Bihar, originally settled by ex-landlord ‘R’ to ‘M’, and then allegedly inherited by the plaintiff-appellant through adoption – The main issue is the possession and confirmation of the plaintiff’s possession over the land, which was challenged by the State authorities claiming the land as state-owned pond land (jalkar) – The plaintiff-appellant claims continuous possession since the land was settled to ‘M’ and asserts that the Consolidation Officer’s order confirming his title should be respected – The State of Bihar contends that the land is pond land and cannot be settled to the plaintiff-appellant, and that the civil suit is not maintainable due to the bar under Section 37 of the Consolidation Act – The Supreme Court set aside the appellate courts’ judgments, restored the trial court’s decree, and confirmed the plaintiff-appellant’s title and possession of the land – The Court found that the appellate courts erred in ignoring the final and conclusive order of the Consolidation Officer, which recognized the plaintiff-appellant’s rights – The Court reasoned that the Consolidation Officer’s order, which became final, should have been given effect to, and the Civil Court’s jurisdiction is impliedly excluded in such matters – The Supreme Court concluded that the civil suit for declaration of rights over the land is not barred by Section 37 of the Consolidation Act, and the plaintiff-appellant’s rights stand recognized by the consolidation authorities.

May 5, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAM BALAK SINGH — Appellant Vs. STATE OF BIHAR AND ANOTHER — Respondent ( Before : Pankaj Mithal and Prasanna Bhalachandra Varale, JJ. )…

Stamp Act State Laws

“Supreme Court Clarifies State’s Power to Levy Stamp Duty on Insurance Policies” Stamp Act, 1899 – Rajasthan Stamp Law (Adaptation) Act, 1952 – Power to levy and collect stamp duty – The primary issues are the legislative competence of the State to levy stamp duty on insurance policies and the applicability of the Rajasthan Stamp Law (Adaptation) Act, 1952 or the 1998 Act – LIC contends that the state lacks legislative competence to impose stamp duty on insurance policies and challenges the demand for stamp duty payment for policies issued using stamps purchased from Maharashtra – The State of Rajasthan argues that it has the power to collect stamp duty on insurance policies under Entry 44 of List III, as per the rate prescribed by the Parliament under Entry 91 of List I – The Supreme Court dismissed the appeals, upheld the High Court’s judgment, and affirmed the state’s power to levy stamp duty. However, it directed that the state shall not demand and collect the stamp duty as per the orders dated between 1993-94 and 2001-02 – The Court reasoned that the state has the legislative competence to impose and collect stamp duty on insurance policies, and the 1952 Act applies to the case – The Court analyzed the constitutional provisions and previous judgments to conclude that the state can impose stamp duty using rates prescribed by the Parliament – The Supreme Court concluded that while the state’s power to levy stamp duty is upheld, the specific demands for stamp duty payment in this case were set aside due to the circumstances presented.

May 5, 2024 sclaw

2024 INSC 358 SUPREME COURT OF INDIA DIVISION BENCH LIFE INSURANCE CORPORATION OF INDIA — Appellant Vs. THE STATE OF RAJASTHAN AND OTHERS — Respondent ( Before : Pamidighantam Sri…

State Laws

Bombay Public Trusts Act, 1950 – The case involves the acceptance of Change Reports for the Vahiwatdar (Administrator) and Trustees of Shri Mallikarjun Devasthan, a Public Trust – The High Court invalidated the acceptance and remanded the matters for reconsideration – The main issue was the delay in filing the Change Report for the new Vahiwatdar of the Trust, which was submitted 17 years after the previous Vahiwatdar’s death – The Supreme Court set aside the High Court’s judgment, confirming the acceptance of Change Report Nos. 899 of 2015 and 1177 of 2017, allowing the civil appeals – The Court found that the delay in filing the Change Report was a curable defect and did not impact the legitimacy of the new Vahiwatdar’s assumption of office – The Court emphasized a liberal approach to condonation of delay, citing precedents.

Apr 28, 2024 sclaw

2024 INSC 339 SUPREME COURT OF INDIA DIVISION BENCH SHRI MALLIKARJUN DEVASTHAN, SHELGI — Appellant Vs. SUBHASH MALLIKARJUN BIRAJDAR AND OTHERS — Respondent ( Before : A.S. Bopanna and Sanjay…

State Laws

M.P. Excise Act, 1915 – The case involves the applicability of a rule for imposing penalties related to the liquor license period of 2009-10 and whether the old or substituted rule should apply – The main issue is whether the penalty should be based on the rule in place during the violation (2009-10) or the substituted rule from 2011, which reduced the penalty – The appellant argues for the application of the substituted rule, which imposes a lower penalty, as the old rule was repealed – The State contends that the old rule should apply to transactions from 2009-10, despite the substitution – The Supreme Court accepted the appellant’s contention, applying the substituted rule to pending proceedings – The Court reasoned that the purpose of the amendment was to balance the offence and penalty, and not applying the substituted rule would not serve public interest – The Court distinguished between the effects of repeal and substitution of rules, emphasizing that the substituted rule should apply from the date of substitution – The appeals were allowed, setting aside the High Court’s judgment, and the penalty was determined based on the substituted rule from 2011.

Apr 27, 2024 sclaw

2024 INSC 327 SUPREME COURT OF INDIA DIVISION BENCH PERNOD RICARD INDIA (P) LTD. — Appellant Vs. THE STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : Pamidighantam…

State Laws

Gujarat Prohibition Act, 1949 Sections 65(a)(e),81,98(2) and 116(2) and Penal Code, 1860 (IPC) – Sections 465, 468, 471 and 114 – Court reasoned that the appellant should have approached the criminal court under Section 451 Cr.P.C instead of directly filing a Special Criminal Application under Article 226/227 of the Constitution – The Court applied the doctrine of harmonious construction to interpret Section 98 of the Gujarat Prohibition Act in conjunction with the Cr.P.C – The appeal was dismissed, with the Court stating that the appellant is free to approach the concerned court regarding the custody of the vehicle.

Apr 13, 2024 sclaw

2024 INSC 285 SUPREME COURT OF INDIA DIVISION BENCH KHENGARBHAI LAKHABHAI DAMBHALA — Appellant Vs. THE STATE OF GUJARAT — Respondent ( Before : Bela M. Trivedi and Pankaj Mithal,…

Stamp Act State Laws

Bombay Stamp Act, 1958 – Section 9 – Refund of stamp duty paid for an increase in share capital – The Supreme Court examined whether Form No. 5 is an “instrument” under the Stamp Act and if the notice of increased share capital materially alters the Articles of Association, requiring fresh stamp duty – The Court upheld the High Court’s decision, stating that the Articles of Association are the only instruments liable for stamp duty and that the maximum cap applies as a one-time measure – The appellants were directed to refund the stamp duty with interest.

Apr 7, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF MAHARASHTRA AND ANOTHER — Appellant Vs. NATIONAL ORGANIC CHEMICAL INDUSTRIES LTD. — Respondent ( Before : Sudhanshu Dhulia and Prasanna B. Varale,…

State Laws

Maharashtra Hereditary Offices Act, 1874 Sections 5, 11, 11A and 77- Maharashtra Tenancy and Agricultural Lands Act, 1948 – Section 32 – Maharashtra Revenue Patels (Abolition of Offices) Act, 1962 – The Tenancy Act’s provisions were still applicable to the subject lands, and the legal heirs of the original Watandar could not have taken lawful possession of the lands – The revisionary order dated 03.05.1982 was invalid, and the Bombay High Court justified it – The tenancy was lawfully subsisting on 01.04.1957, and tenants were entitled to exercise their right of statutory purchase under Section 32 of the Tenancy Act – This right became operational on 27.11.1964, when the Watan lands were regranted to the original Watandar’s heirs.

Mar 23, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BABAN BALAJI MORE (DEAD) BY LRS. AND OTHERS — Appellant Vs. BABAJI HARI SHELAR (DEAD) BY LRS. AND OTHERS — Respondent ( Before :…

State Laws

Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 – Section 2(v), 3 and 4 – Whether “ghee” is a “product of livestock” under the Act and if the government notification regarding “ghee” followed proper procedure – The court upheld that “ghee” is indeed a “product of livestock” and the 1994 government notification was valid – The court ruled that market fees must be paid for “ghee” from 1994 to 2009, with provisions for installment payments.

Mar 9, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SANGAM MILK PRODUCER COMPANY LTD. — Appellant Vs. THE AGRICULTURAL MARKET COMMITTEE AND OTHERS — Respondent ( Before : Sudhanshu Dhulia and S.V.N. Bhatti,…

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Tenders & Contracts

E-auction — Typographical error — e-auction for a manganese and iron ore block submitted a bid of 140.10% instead of its intended bid of 104.10% due to a typographical error — The court allowed the company’s appeal and ordered a fresh e-auction for the block — The company was also ordered to pay Rs 3 crore ($400,000) to the state as compensation for the delay caused by its error.

Jul 20, 2024 sclaw
Corporate

Drugs (Price Control) Order, 1995 — Paragraph 13 — Recovery of overcharged amount of drugs — Demand made by the National Pharmaceutical Pricing Authority (NPPA) to recover an overcharged amount for a Cloxacillin-based drug formulation called Roscilox — The Court found that the appellant’s admission of purchasing the drug directly from the manufacturer made it liable under Paragraph 13 of the Drugs (Price Control) Order, 1995 (DPCO) — The Court also rejected the appellant’s claim that it was only a ‘dealer’ and not a ‘distributor’ under the DPCO, as the definitions of these terms under the DPCO are not mutually exclusive — The Court further noted that the objective of the DPCO is to control the prices of medicinal drug formulations and ensure they are made available to the common man, and thus, the provision should not be subjected to a restricted or hidebound interpretation — Appeal Dismissed.

Jul 20, 2024 sclaw
I P C Matrimonial

Penal Code, 1860 (IPC) — Sections 498A, 323 and 504 — Dowry Prohibition Act, 1961 — Sections 3 and 4 — Irretrievable breakdown of marriage as a ground for divorce — The court recognized that irretrievable breakdown of marriage, where the parties have been living separately for a significant period and all efforts at reconciliation have failed, can be a valid ground for divorce — This expands the grounds for divorce beyond the traditional grounds mentioned in the Hindu Marriage Act, 1955.— One-time settlement as a mode of permanent alimony — The court allowed the parties to opt for a one-time settlement as a mode of permanent alimony, instead of periodic payments — This provides flexibility to the parties in resolving their financial obligations towards each other.

Jul 20, 2024 sclaw
Service

Bihar City Manager Cadre (Appointment and Service Conditions) Rules, 2014 — Rules 5 and 11 — The Supreme Court has dismissed appeals challenging the validity of a judgment by the Patna High Court, which allowed a candidate to be considered for appointment as a City Manager in Bihar — The candidate had scored to meet up the minimum qualifying marks of 32% — The court found that the minimum qualifying marks were only for the written test and not for the overall selection process — The court also rejected the appellants’ reliance on an executive order issued in 2007, stating that it was not applicable to the rules issued in 2014 — The court concluded that the candidate was eligible and qualified to be considered for appointment as she had met the minimum qualifying marks in the written test.

Jul 20, 2024 sclaw