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Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1. Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration. Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content. Legal Profession — Autonomy and Independence — Administration of Justice — Role of Lawyers — Article 19(1)(g) of the Constitution of India — Impact of direct summons to defence counsel by Investigating Agencies on the autonomy of the legal profession and the independence of the administration of justice — Need for judicial oversight.
Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1. Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration. Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content. Legal Profession — Autonomy and Independence — Administration of Justice — Role of Lawyers — Article 19(1)(g) of the Constitution of India — Impact of direct summons to defence counsel by Investigating Agencies on the autonomy of the legal profession and the independence of the administration of justice — Need for judicial oversight.

A. Prevention of Money Laundering Act, 2002 – Section 19 – Arvind Kejriwal, the appellant, is challenging his arrest by the Directorate of Enforcement on 21.03.2024, which was upheld by the trial court and the High Court of Delhi – The case involves legal pleas concerning the scope and violation of Section 19 of the Prevention of Money Laundering Act, 2002 – The Court is considering granting interim bail to Kejriwal due to the ongoing 18th Lok Sabha General Elections and the importance of his participation as a political leader – The Court is taking a holistic view given the elections and Kejriwal’s role as Chief Minister and a national party leader, despite the serious accusations against him – The Court refers to case law on the power to grant interim bail and emphasizes the peculiarities of the case and the surrounding circumstances – The Court grants interim bail to Arvind Kejriwal until 1st of June 2024, with specific conditions, and states that this should not be seen as an opinion on the merits of the case – Kejriwal is to surrender on 2nd of June 2024 on the following conditions (a) he shall furnish bail bonds in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent; (b) he shall not visit the Office of the Chief Minister and the Delhi Secretariat; (c) he shall be bound by the statement made on his behalf that he shall not sign official files unless it is required and necessary for obtaining clearance/ approval of the Lieutenant Governor of Delhi; (d) he will not make any comment with regard to his role in the present case; and (e) he will not interact with any of the witnesses and/or have access to any official files connected with the case. B. Bail – The power to grant interim bail is an inherent power of the court, which can be exercised under compelling circumstances and grounds, even when regular bail would not be justified. This power is commonly exercised in a number of cases, including cases involving politicians. C. Bail – The court must consider the peculiarities of each case and the surrounding circumstances when granting interim bail. In this case, the court considered the fact that the appellant, Arvind Kejriwal, was the Chief Minister of Delhi and a leader of one of the national parties, had no criminal antecedents, and was not a threat to society. D. Bail – The court rejected the argument that granting interim bail to politicians sets a precedent for special treatment – The court noted that the decision was based on the peculiarities of the case and the fact that the 18th Lok Sabha General Elections were being held. E. Bail – The court held that imposing conditions on interim bail, such as prohibiting the accused from participating in political activities, directly or indirectly, would breach their fundamental rights – The court deleted the condition imposed by the High Court in a similar case, stating that the appellant shall not be involved in any political activities, directly or indirectly. F. Bail – The court clarified that the grant of interim bail does not express an opinion on the merits of the case or the criminal appeal which is pending consideration before the court.

2024 INSC 400 SUPREME COURT OF INDIA DIVISION BENCH ARVIND KEJRIWAL — Appellant Vs. DIRECTORATE OF ENFORCEMENT — Respondent ( Before : Sanjiv Khanna and Dipankar Datta, JJ. ) Criminal…

Penal Code, 1860 (IPC) – Sections 120-B read with Section 420 – Cheating – The case involves fraudulent transactions by accused in connivance with Indian Bank officials resulting in interest-free advances to the petitioners – The main issue is whether the petitioners were involved in cheating the bank and if they availed any undue benefit from the fraudulent transactions – The petitioners argued that they were not involved in the cheating, had not availed any undue benefit, and that the transactions were normal business dealings – The court dismissed the Special Leave Petitions, upholding the Trial Court’s conviction of the petitioners for cheating the bank through unauthorized transactions.

2024 INSC 373 SUPREME COURT OF INDIA DIVISION BENCH T.R. VIJAYARAMAN AND OTHERS — Appellant Vs. THE STATE OF TAMIL NADU AND OTHERS — Respondent ( Before : C.T. Ravikumar…

Limitation Act, 1963 – Section 5 – Condonation of Delay – Delay of 1663 days – The State of U.P. filed a SLP against an order dated 13.11.2009 by the Allahabad High Court, with a delay of 1,633 days – The main issue was the condonation of the significant delay in filing the SLP – The State argued that the delay was due to the time taken for obtaining legal opinion and permissions, and later, the realization that the appeal was not filed initially – The application for condonation of delay was dismissed, and consequently, the SLP was also dismissed – The court found the explanation for the delay unsatisfactory, especially since the State was aware of the High Court’s order when it was passed – The court did not find sufficient cause to condone the delay, leading to the dismissal of the SLP.

2024 INSC 375 SUPREME COURT OF INDIA DIVISION BENCH STATE OF U.P. AND ANOTHER — Appellant Vs. MOHAN LAL — Respondent ( Before : C.T. Ravikumar and Rajesh Bindal, JJ.…

Partition Suit – The dispute involves partition of properties left by Late ‘R’ with the main contention over roof rights of a property in Kota and another in Jaipur – The primary issue is the valuation of roof rights for further construction and the equal distribution of property among co-sharers – The appellants argue that the valuation report failed to assess the value of roof rights, which would affect the overall property valuation and entitlement of co-sharers – The respondents maintain that the property valuation and shares were appropriately determined by the approved Valuer and upheld by both the Trial Court and High Court – The Supreme Court dismissed the appeal, finding no merit in revaluating the property or altering the determined shares of the parties – The Court emphasized the importance of family ties over property disputes and suggested alternative dispute resolution methods for amicable settlements – The Court referenced the case of Afcons Infrastructure Limited vs. Cherian Varkey Construction Company Private Limited, advocating for ADR in family-related property disputes – The Supreme Court concluded that revisiting the valuation and partition would only prolong litigation and upheld the decisions of the lower courts.

2024 INSC 372 SUPREME COURT OF INDIA DIVISION BENCH MAHENDRA NATH SORAL AND ANOTHER — Appellant Vs. RAVINDRA NATH SORAL AND OTHERS — Respondent ( Before : Rajesh Bindal and…

West Bengal Municipal(Building) Rules, 2007 – Rule 50 – Open spaces for building in areas other than municipalities in hill areas – The appellants challenge the High Court of Calcutta’s order regarding a contempt petition related to their residential property construction and its compliance with Rule 50 of Rules, 2007 – The appellants argue that the writ petition was a private matter and should not have been entertained by the High Court – They also claim that municipal authorities are unfairly pressuring them due to the contempt proceedings – The respondent claims that the appellants violated the sanctioned building plan, justifying the High Court’s direction for an enquiry – The Supreme Court allowed the appellants to challenge the enquiry report and show cause notice, ensuring their objections would be considered objectively without prejudice from the contempt or writ proceedings – The court expressed reservations about the High Court’s exercise of writ jurisdiction in a private dispute and suggested the civil court as the appropriate forum for grievances – The appeal was disposed of with the appellants given the liberty to challenge the enquiry report and show cause notice, without cost order.

2024I NSC3 79 SUPREME COURT OF INDIA DIVISION BENCH DR. RANBEER BOSE AND ANOTHER — Appellant Vs. ANITA DAS AND ANOTHER — Respondent ( Before : B.R. Gavai and Sandeep…

Service Matters

Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 – Sections 70(2) and 95(1) – Madhya Pradesh Panchayat Samvida Shala Shikshak(Employment and Conditions of Contract) Rules, 2005 – Rule 7A – Appointment – Denial of – Appellant was denied appointment as Samvida Shala Shikshak Grade-III despite passing the selection exam and the High Court’s ruling in her favor – The main issue was the State Government’s refusal to appoint the appellant based on amended rules, which were applied retrospectively – The appellant argued that the denial of appointment was illegal and arbitrary, and that she fulfilled all qualifications for the post – The State contended that the appellant was not eligible for appointment due to the retrospective application of Rule 7-A – The Supreme Court directed the appellant’s appointment to an equivalent post, without back wages but with compensation for the arbitrary denial of her rightful claim – The Court found the State’s actions to be mala fide and arbitrary, as they denied the appellant’s legitimate claim despite multiple court orders – Referencing the case of Manoj Kumar v. Union of India, the Court emphasized the duty to provide restitution for arbitrary actions – The Court allowed the appeals, ordered the appellant’s appointment, and granted compensation, highlighting the need for restitutive relief.

2024 INSC 378 SUPREME COURT OF INDIA DIVISION BENCH SMITA SHRIVASTAVA — Appellant Vs. THE STATE OF MADHYA PRADESH AND OTHERS ETC. — Respondent ( Before : B.R. Gavai and…

Pre-emption Suit – The case revolves around a dispute over land in Haryana, where a pre-emption suit was filed and decreed, requiring a deposit of Rs. 9,214 minus 1/5th already deposited. The appellants deposited Rs. 7,600 instead of Rs. 7,614 due to a calculation error. The main issue was whether the appellants should suffer for a minor deficit due to a bona fide error and if the court can extend the time for deposit in such cases. The appellants argued that the error was not intentional and even the court ordered the deposit of 7,600. The respondents argued that the appellants failed to comply with the decree’s terms and did not provide sufficient reason for the delay in depositing the correct amount. The Supreme Court allowed the appeal, permitting the appellants to deposit the deficit of 14 and directed them to pay Rs. 1,00,000 to the respondents for prolonged litigation. The court concluded that parties should not suffer due to errors in judicial proceedings and granted relief to the appellants.

2024 INSC 374 SUPREME COURT OF INDIA DIVISION BENCH KANIHYA @ KANHI (DEAD) THROUGH LRS. — Appellant Vs. SUKHI RAM AND OTHERS — Respondent ( Before : Rajesh Bindal and…

Transfer of Property Act, 1882- Sections 41 and 52 – Sale deed executed during the pendency of a suit for permanent injunction is invalid under the principle of lis pendens – The court held that the doctrine of lis pendens applies to maintain status quo and prevent multiple proceedings by parties in different forums – The court further clarified that even if Section 52 of the Transfer of Property Act is not applicable in its strict sense, the principles of lis pendens, which are based on justice, equity, and good conscience, would certainly be applicable – The court set aside the judgment of the Punjab and Haryana High Court and directed the defendant to accept the balance sale consideration and execute the agreement to sell in favor of the plaintiff within three months from the date of the judgment.

2024 INSC 377 SUPREME COURT OF INDIA DIVISION BENCH CHANDER BHAN (D) THROUGH LR SHER SINGH — Appellant Vs. MUKHTIAR SINGH AND OTHERS — Respondent ( Before : Sudhanshu Dhulia…

“Acquittal in Murder Case: Prosecution Fails to Prove Guilt Beyond Reasonable Doubt” Penal Code, 1860 (IPC) – Section 302 read with 149 – Murder – Acquittal – The court found that the prosecution failed to provide reliable evidence linking the appellants to the crime, and the testimony of eyewitnesses was inconsistent and contradictory – The court also noted that the theory of “last seen together” was not sufficient to establish guilt, as the deceased was seen in the company of other individuals after being seen with the accused – The court set aside the convictions of the appellants and ordered their release, unless their custody was required for some other offences.

2024 INSC 376 SUPREME COURT OF INDIA DIVISION BENCH ALAUDDIN AND OTHERS — Appellant Vs. THE STATE OF ASSAM AND ANOTHER — Respondent ( Before : Abhay S. Oka and…

Service Matters

Jammu and Kashmir Civil Services (House Rent Allowance and City Compensation Allowance) Rules, 1992 – Rule 6(h) – House Rent Allowance (HRA) – The appellant, a retired Inspector(Telecom) in Jammu and Kashmir Police, was charged with unauthorized House Rent Allowance (HRA) drawals and asked to repay Rs.3,96,814/-.- The main issue was whether the appellant was entitled to HRA while sharing government accommodation allotted to his retired father – The appellant argued that the quarter was allotted to his father, a retired Deputy Superintendent of Police, and he only occasionally shared it, thus he should not be charged HRA – The State contended that the appellant was not entitled to HRA as per Rule 6(h)(i) and (ii) because he shared rent-free accommodation allotted to his father – The Supreme Court dismissed the appeal, upholding the High Court’s decision and the recovery notice – The Court found no application for Rule 6(h)(iv) in the appellant’s case and held that clauses 6(h)(i) and (ii) covered the controversy – The Court reasoned that since the appellant shared accommodation with a retired government servant, he was not entitled to claim HRA – The appeal is dismissed as devoid of force, and the recovery notice was justified in the eyes of the law

2024 INSC 365 SUPREME COURT OF INDIA DIVISION BENCH R.K. MUNSHI — Appellant Vs. UNION TERRITORY OF JAMMU & KASHMIR AND OTHERS — Respondent ( Before : B.R. Gavai and…

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