Criminal Procedure Code, 1973 (CrPC) — Section 41A — Notice of appearance before police officer — Petitioner Singh filed a Special Leave Petition against the State of Karnataka & others, challenging an order dated 23-05-2024 from the High Court of Karnataka —The main issue revolves around respondent No. 2’s non-compliance with a medical examination required by the Investigating Officer for the case’s investigation — Respondent No. 2, argued against the necessity of the medical examination, citing protection from coercive action by a previous High Court order —The Supreme Court stayed the High Court’s order, directing respondent No. 2 to undergo a medical examination on 10th July, 2024 —The Court found respondent No. 2’s unwillingness to undergo medical examination unconvincing and not protected under the right against self-incrimination —The Court emphasized compliance with Section 41-A notice and rejected apprehensions about the medical facility without a tenable basis — The Supreme Court ordered respondent No. 2 to present himself for the medical examination as part of the investigation process.
SUPREME COURT OF INDIA DIVISION BENCH EKTA SINGH — Appellant Vs. THE STATE OF KARNATAKA AND OTHERS — Respondent ( Before : Sanjay Kumar and Augustine George Masih (Vacation Bench),…
Water sharing Dispute — Sharing of Yamuna water between the National Capital Territory of Delhi and the States of Haryana and Himachal Pradesh — The court found that the issue is complex and sensitive, and that it lacks the expertise to decide on the matter — Instead, the court directed the Upper Yamuna River Board (UYRB), a body constituted with the agreement of the parties in a 1994 Memorandum of Understanding (MoU), to consider the issue — The UYRB has already directed the State of Delhi to submit an application for the supply of additional 150 Cusec of water on humanitarian grounds, and the court directed that the application be made by 5 p.m. today and that the UYRB convene a meeting tomorrow to take a decision on the matter.
SUPREME COURT OF INDIA VACATION BENCH GOVERNMENT OF NCT OF DELHI — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent ( Before : Prashant Kumar Mishra and Prasanna Bhalachandra…
Civil Procedure Code, 1908 (CPC) — Order 37 Rule 3(6)(b) — Suit for Recovery — Impact of Moratorium under IBC — The appellants argued that the moratorium under the Insolvency and Bankruptcy Code (IBC) should halt the proceedings — However, the High Court rejected this argument, stating that the moratorium only applies to cases where the company is undergoing insolvency proceedings — In this case, the suit was not against a company undergoing insolvency, and therefore, the moratorium did not apply.
SUPREME COURT OF INDIA DIVISION BENCH ANISH M RAWTHER @ ANEES MOHAMMED RAWTHER — Appellant Vs. HAFEEZ UR RAHMAN AND OTHERS — Respondent ( Before : Vikram Nath and Prashant…
Penal Code, 1860 (IPC) — Sections 302 and 307 — The appellant, a police guard, was convicted for the murder of his cousin and neighbour, who allegedly had an affair with the appellant’s wife — The murder occurred inside a police station in Delhi —The appellant challenged his conviction and sentence, claiming self-defence or, alternatively, grave and sudden provocation — The appellant argued for self-defence, stating the deceased attempted to snatch his weapon to kill him — The prosecution presented eyewitness accounts and forensic evidence to establish a premeditated murder — The Supreme Court dismissed the appeal, upholding the conviction and life sentence for murder, finding no evidence of self-defence or grave and sudden provocation.
2024 INSC 462 SUPREME COURT OF INDIA DIVISION BENCH SURENDER SINGH — Appellant Vs. STATE (NCT OF DELHI) — Respondent ( Before : Sudhanshu Dhulia and Rajesh Bindal, JJ. )…
Bird and Company Limited (Acquisition and Transfer of Undertaking and Other Properties) Act, 1980 – Sections 3 and 7 – Renewal of mining leases granted to Bird and Company Limited, which were later vested in Bharat Process & Mechanical Engineers Limited (BPMEL) after nationalization. BPMEL, in liquidation, and its subsidiary OMDC are central to the case – The dispute revolves around the renewal of three expired mining leases: Kolha-Roida, Thakurani, and Dalki – TGP Equity Management Private Limited, an assignee of UCO Bank’s claims against BPMEL, seeks renewal or transfer of these leases – The Government of Odisha and the Union of India argue against renewal, citing BPMEL’s non-operation and financial constraints – The Supreme Court dismissed TGP’s appeals and upheld the State of Odisha’s order, rejecting the renewal of the Kolha-Roida lease – The Thakurani and Dalki leases are also rejected, citing the impracticality of renewing leases for a defunct company and the lack of a viable mining operation plan – The dispute should be resolved, with dues settled under the Companies Act, 1956.
(2024) INSC 440 SUPREME COURT OF INDIA DIVISION BENCH CHIEF SECRETARY GOVERNMENT OF ODISHA — Appellant Vs. BHARAT PROCESS AND MECHANICAL ENGINEERS LIMITED (IN LIQUIDATION) AND OTHERS — Respondent (…
Andhra Pradesh Electricity Regulatory Commission (Distribution Licence) Regulations, 2013 – Special Economic Zones Act, 2005 – Sections 3 and 4 – Electricity Act – Section 14(b) – Whether a Special Economic Zone (SEZ) developer, deemed to be a distribution licensee under the Electricity Act, is required to make an application for a distribution license and comply with the conditions set out in the Electricity Rules and Regulations. – The appeal challenges the Appellate Tribunal for Electricity’s decision to require an appellant to infuse additional capital as a condition for being identified as a deemed distribution licensee – The court questioned whether a SEZ developer is ipso facto a deemed distribution licensee, obviating the need for an application under section 14 of the Electricity Act – The appellant argued that they are automatically a deemed distribution licensee by virtue of the 2010 Notification and that the conditions imposed by TSERC were in excess of jurisdiction – The respondents argued that the appellant must comply with the 2005 and 2013 Regulations and that TSERC is empowered to impose conditions to assess credit-worthiness – The Supreme Court partially allowed the appeal, setting aside the condition of additional capital infusion imposed by TSERC – The court reasoned that the appellant must apply to be recognized as a deemed licensee but is not subject to the additional capital requirements of regulation 12 and rule 3(2) – The court concluded that the appellant is required to make an application as per the 2013 Regulations, and the condition to infuse additional capital is not justified.
(2024) INSC 439 SUPREME COURT OF INDIA DIVISION BENCH M/S SUNDEW PROPERTIES LIMITED — Appellant Vs. TELANGANA STATE ELECTRICITY REGULATORY COMMISSION AND ANOTHER — Respondent ( Before : Sanjiv Khanna…
BAIL GRANTED NDPS – PROLONGED INCARCERATION – It is to observe that failure to conclude the trial within a reasonable time resulting in prolonged incarceration militates against the precious fundamental right guaranteed under Article 21 of the Constitution of India, and as such, conditional liberty overriding the statutory embargo created under Section 37(1)(b) of the NDPS Act may, in such circumstances, be considered.
It is to observe that failure to conclude the trial within a reasonable time resulting in prolonged incarceration militates against the precious fundamental right guaranteed under Article 21 of the…
Employees’ State Insurance Act, 1948 – Sections 75(1)(g) and 90- The Supreme Court ruled that Nagar Nigam’s workshop was a ‘factory’ under the Act of 1948, and that it was engaged in a manufacturing process with over 20 workers – The Corporation argued that the workshop was a ‘factory’ and should pay contributions under the Act – Nagar Nigam argued that their workshop was not a ‘factory’ and their employees were not engaged in a manufacturing process – The Supreme Court allowed the appeal, quashed the High Court’s order, and clarified that Nagar Nigam could seek exemption under Section 90 of the Act of 1948 – The Court relied on precedents and statutory provisions of the Act of 1948 to determine that the workshop was a ‘factory’ and subject to the Act’s provisions – The Supreme Court concluded that the High Court erred in its judgment and Nagar Nigam should have approached the Insurance Court instead of invoking writ jurisdiction.
(2024) INSC 441 SUPREME COURT OF INDIA DIVISION BENCH THE EMPLOYEES STATE INSURANCE CORPORATION LTD. — Appellant Vs. NAGAR NIGAM ALLAHABAD AND ANOTHER — Respondent ( Before : J.B. Pardiwala…
Electricity Act, 2003 – Sections 62(3) and 111 – Levy of reliability charge – Maharashtra State Electricity Distribution Co. Ltd. imposed a reliability charge for uninterrupted power supply, which was challenged by JSW Steel Ltd – The appellant argued that non-participation in the public hearing by JSW Steel Ltd. amounted to consent to pay the charge – JSW Steel Ltd. argued that they were already paying a higher tariff and should not be subjected to the charge – The Tribunal set aside the Commission’s order imposing the charge, and the Supreme Court dismissed the appeal – The Court found no statutory basis for the charge and noted that JSW Steel Ltd. had already paid a higher tariff for continuous supply – The Supreme Court concluded that the appellant was not entitled to impose a reliability charge on customers like JSW Steel Ltd. and found no merit in the appeal.
(2024) INSC 442 SUPREME COURT OF INDIA DIVISION BENCH MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD. — Appellant Vs. M/S JSW STEEL LTD. AND ANOTHER — Respondent ( Before : Abhay…
Maharashtra Stamp Act, 1958 – Sections Section 47(c)(1) and 47(c)(5) and 48 – Bombay Stamp Rules, 1939 – Rules 21 and 22A – Refund of stamp duty paid for an un-executed conveyance deed – The High Court upheld the respondents’ decision, but the Supreme Court allowed the appeal and set aside the impugned order and orders of the respondents – The court held that the case of the appellant was fit for refund of the stamp duty paid, as the appellant was a bonafide purchaser who had paid the stamp duty in good faith but was a victim of fraud played by the vendor – The court also referred to the judgment in Committee-GFIL v. Libra Buildtech Private Limited & Ors., which stated that when the State deals with a citizen, it should not rely on technicalities, and the expiry of the period of limitation prescribed under any law may bar the remedy but not the right.
(2024) INSC 443 SUPREME COURT OF INDIA DIVISION BENCH BANO SAIYED PARWAZ — Appellant Vs. CHIEF CONTROLLING REVENUE AUTHORITY AND INSPECTOR GENERAL OF REGISTRATION AND CONTROLLER OF STAMPS AND OTHERS…