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Constitution of India, 1950 — Articles 21, 32, 14, 142 — Prisoners, rights of — Elderly and terminally ill convicts — Continued incarceration despite advanced age (above 70 years) or terminal illness — Held, imprisonment does not suspend constitutional guarantees of dignity and humane treatment — Right to life under Art. 21 continues in custody and extends to protection from cruel, inhuman or degrading punishment — NALSA’s nationwide Special Campaign identifying 5,393 vulnerable prisoners, including 11 terminally ill and 84 above 70 years across 17 States and 1 Union Territory, disclosed systemic gap between executive policy and ground-level implementation — Continued detention causing avoidable suffering held constitutionally impermissible — Supreme Court, invoking Arts. 32 and 142, directed States/UTs to formulate uniform compassionate-release policy. Penal Code, 1860 (IPC) — Section 294(b) — Obscenity — Distinction between “obscene” and “abusive”/”vulgar” language — Test of — Held, to attract S. 294(b) IPC, prosecution must prove: (i) an obscene act done, or obscene word/song/ballad uttered, in or near a public place; and (ii) such act/utterance caused annoyance to others — Word “obscene” undefined under IPC but judicially construed, in the context of S. 292 IPC, to mean material which, taken as a whole, is lascivious, appeals to prurient interest, and tends to deprave and corrupt persons likely to be exposed to it — “Community standard test” (Aveek Sarkar) applicable, not the Hicklin test — Mere vulgarity, abuse or profanity, however distasteful, uncivil or shocking, does not ipso facto constitute obscenity — Vulgarity may evoke disgust or revulsion but lacks the depraving/corrupting tendency essential to obscenity — Appellant’s utterance of abusive and expletive-laden words against complainant during a quarrel, though coarse and offensive, held neither lascivious nor appealing to prurient interest nor shown to have caused annoyance to others in the public place — Conviction under S. 294(b) IPC set aside. Railways Act, 1989 — Sections 123(c)(2) and 124A — Compensation on account of untoward incidents — ‘No-fault’ liability — Accidental falling of a passenger from a running train constitutes an “untoward incident” — Liability under S. 124A arises irrespective of wrongful act, neglect or default of the Railway Administration, subject only to statutory exceptions such as suicide, self-inflicted injury or the passenger’s own criminal act — Provision held to be beneficial and welfare-oriented in nature. Insolvency and Bankruptcy Code, 2016 — Section 31 — ‘Clean slate’ doctrine — Effect of approved Resolution Plan on claims — Upon approval under S. 31(1), claims provided in the Plan stand frozen and are binding on the Corporate Debtor and all stakeholders — Claims not incorporated in the Plan stand extinguished, withdrawn or abated — Resolution Applicant entitled to commence operations free from unforeseen liabilities — Ghanashyam Mishra & Sons v. Edelweiss ARC, (2021) 9 SCC 657, followed. Criminal Procedure Code, 1973 (CrPC) — Section 299 — Record of evidence in absence of accused — Scope and applicability — Exception to the rule that a witness must be examined in presence of the accused and to the principle under S. 33, Evidence Act — Being an exception, all prescribed conditions must be strictly complied with — Deposition recorded in absence of an absconding accused admissible against him upon arrest, if deponent is dead, incapable of giving evidence, cannot be found, or cannot be produced without unreasonable delay, expense or inconvenience.

Constitution of India, 1950 — Articles 21, 32, 14, 142 — Prisoners, rights of — Elderly and terminally ill convicts — Continued incarceration despite advanced age (above 70 years) or terminal illness — Held, imprisonment does not suspend constitutional guarantees of dignity and humane treatment — Right to life under Art. 21 continues in custody and extends to protection from cruel, inhuman or degrading punishment — NALSA’s nationwide Special Campaign identifying 5,393 vulnerable prisoners, including 11 terminally ill and 84 above 70 years across 17 States and 1 Union Territory, disclosed systemic gap between executive policy and ground-level implementation — Continued detention causing avoidable suffering held constitutionally impermissible — Supreme Court, invoking Arts. 32 and 142, directed States/UTs to formulate uniform compassionate-release policy.

Penal Code, 1860 (IPC) — Section 294(b) — Obscenity — Distinction between “obscene” and “abusive”/”vulgar” language — Test of — Held, to attract S. 294(b) IPC, prosecution must prove: (i) an obscene act done, or obscene word/song/ballad uttered, in or near a public place; and (ii) such act/utterance caused annoyance to others — Word “obscene” undefined under IPC but judicially construed, in the context of S. 292 IPC, to mean material which, taken as a whole, is lascivious, appeals to prurient interest, and tends to deprave and corrupt persons likely to be exposed to it — “Community standard test” (Aveek Sarkar) applicable, not the Hicklin test — Mere vulgarity, abuse or profanity, however distasteful, uncivil or shocking, does not ipso facto constitute obscenity — Vulgarity may evoke disgust or revulsion but lacks the depraving/corrupting tendency essential to obscenity — Appellant’s utterance of abusive and expletive-laden words against complainant during a quarrel, though coarse and offensive, held neither lascivious nor appealing to prurient interest nor shown to have caused annoyance to others in the public place — Conviction under S. 294(b) IPC set aside.

HELD – looking to the grievous injuries suffered by the claimant and permanent partial disability and prolonged hospitalisation and the operations performed for right subfrontal craniotomy and evacuation of basifrontal contusion [03.10.2011]; repair of right ear [03.10.2011]; closed unreamed tibial interlock nailing [03.10.2011]; and Tracheostomy [05.10.2011], we are of the opinion that Rs. 50,000/- awarded towards loss of amenities, joy and Rs. 50,000/- awarded towards pain/sufferings respectively can be said to be on the lower side. In the facts and circumstances of the case, we are of the opinion that under the aforesaid heads, namely, loss of amenities, joy and towards pain/sufferings respectively, if a further sum of Rs.2,00,000/- [over and above Rs.1,00,000/- (Rs. 50,000/- on each count)] is awarded.

SUPREME COURT OF INDIA DIVISION BENCH SHIVDHAR KUMAR VASHIYA — Appellant Vs. RANJEET SINGH AND OTHERS — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Civil Appeal…

Gujarat Sales Tax Act, 1969 – Sections 45 and 49(2) – Exemption notification should be strictly construed and given meaning according to legislative intendment – Statutory provisions providing for exemption have to be interpreted in the light of the words employed in them and there cannot be any addition or subtraction from the statutory provisions – Respondent was not entitled to the exemption from payment of purchase tax on the ground that it did not fulfill the eligibility criteria/conditions and there was a breach of declaration in Form.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF GUJARAT — Appellant Vs. ARCELOR MITTAL NIPPON STEEL INDIA LIMITED — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. )…

Explanation (b) to Section 7(1) of the Family Courts Act 1984 expressly confers the Family Court with jurisdiction to determine the matrimonial status of a person – Section 7(1) of the Family Courts Act 1984 grants a Family Court with the status of a District Court and Section 7(2) confers it with jurisdiction exercisable by a Magistrate of the first class under Chapter IX of the CrPC, thus enabling to collect evidence to make such a determination – HELD relying on the judgement of the Family Court which has jurisdiction to decide the gravamen of the offence alleged in the criminal complaint, would not be same as relying on evidentiary materials that are due for appreciation by the Trial Court, such as the investigation report before it is forwarded to the Magistrate

SUPREME COURT OF INDIA DIVISION BENCH MUSSTT REHANA BEGUM — Appellant Vs. STATE OF ASSAM AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Bela M Trivedi,…

Limitation Act, 1963 – Section 5 – Limitation Act does not apply to the institution of civil suit in the Civil Court – National Commission has grossly erred in observing in the impugned order that the complainant would be at liberty to seek remedy in the competent Civil Court and that if he chooses to bring an action in a Civil Court, he is free to file an application under Section 5 of the Limitation Act, 1963.

SUPREME COURT OF INDIA DIVISION BENCH  SUNIL KUMAR MAITY — Appellant Vs. STATE BANK OF INDIA AND ANOTHER — Respondent ( Before : Sanjiv Khanna and Bela M. Trivedi, JJ.…

If a property of a male Hindu dying intestate is a self acquired property or obtained in partition of a co-parcenery or a family property, the same would devolve by inheritance and not by survivorship, and a daughter of such a male Hindu would be entitled to inherit such property in preference to other collaterals. Hindu Succession Act, 1956 – Sections 14 and 15 – Partition of properties – Right of daughter to father’s property – If death of father in prior to enforcement of Hindu Succession Act, 1956 – Law of inheritance under Hindu Succession Act, 1956 are applicable.

SUPREME COURT OF INDIA DIVISION BENCH ARUNACHALA GOUNDER (DEAD) BY LRS — Appellant Vs. PONNUSAMY AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Krishna Murari, JJ. )…

Held, In evaluating whether the plaintiff was ready and willing to perform his obligations under the contract, it is not only necessary to view whether he had the financial capacity to pay the balance consideration, but also assess his conduct throughout the transaction – the escalation of the price of the suit property, and whether one party will unfairly benefit from the decree – Remedy provided must not cause injustice to a party, specifically when they are not at fault.

SUPREME COURT OF INDIA DIVISION BENCH SHENBAGAM AND OTHERS — Appellant Vs. KK RATHINAVEL — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A.S. Bopanna, JJ. ) Civil Appeal…

Service Matters

Argument on lack of prior approval as per Section 17(2) of the ESI Act is obviated by the preamble to the ESIC Recruitment Regulations 2015 – Contesting respondents have only supported the applicability of the DACP Scheme to claim promotion as Associate Professor after two years of service – Advertisements for recruitment mentioning the DACP Scheme would have no effect since they were in contravention of the applicable recruitment regulations – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH THE EMPLOYEES’ STATE INSURANCE CORPORATION — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A.S.…

Land Acquisition Act, 1894 has been incorporated into the Bangalore Development Authority Act, 1976 -HELD High Court erred in holding that in view of the repeal of LA Act by coming into force of 2013 Act, the corresponding provisions of 2013 Act would regulate acquisition proceedings under the BDA Act and that this would include determination of compensation in accordance with 2013 Act

SUPREME COURT OF INDIA DIVISION BENCH BANGALORE DEVELOPMENT AUTHORITY AND ANOTHER — Appellant Vs. THE STATE OF KARNATAKA AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Sanjiv…

Service Matters

Punjab Police Rules, 1934 – Rules 13.7, 13.7(9) and 13.7(14) – Promotion – Head Constable to Superintendent of Police (SP) – Quota of outstanding performance – Held, Recommendation of Departmental Promotion Committee (CDP) headed by the SP is final and that the IG has no power to review or substitute the decision is misconceived –

SUPREME COURT OF INDIA DIVISION BENCH SUSHIL KUMAR — Appellant Vs. THE STATE OF HARYANA AND OTHERS — Respondent ( Before : K.M. Joseph and Pamidighantam Sri Narasimha, JJ. )…

Service Matters

Dismissal from service – Fraud and manipulating of signatures of complainant -Respondent was a clerk-cum-cashier. It is a post of confidence. The respondent breached that confidence – In fact, the respondent breached the trust of a widowed sister-in-law as well as of the bank, making it hardly a case for interference either on law or on moral grounds – Conduct established of the respondent did not entitle him to continue in service.

SUPREME COURT OF INDIA DIVISION BENCH INDIAN OVERSEAS BANK AND OTHERS — Appellant Vs. OM PRAKASH LAL SRIVASTAVA — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ.…

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