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Artificial Intelligence (AI) — Use in Legal Proceedings — Reliance on AI-generated judgments by a court is a serious matter concerning the integrity of the judicial process — Such judgments, if non-existent or fake, amount to misconduct rather than a simple error of judgment — Supreme Court orders examination of consequences and accountability for such practices — Notice issued to the Attorney General, Solicitor General, and Bar Council of India to address this institutional concern. Power Purchase Agreement (PPA) / Power Supply Agreement (PSA) — Interpretation of Contract — Surrounding Circumstances — Evidence Act, 1872, Sections 92, 94, 95 — Contractual terms can be clarified by attending circumstances and conduct of parties, even if contract is reduced to writing, to give meaning to terms that may otherwise be meaningless or unworkable. Arbitration and Conciliation Act, 1996 — Section 31(7)(a) — Interest awarded by Arbitral Tribunal — Contractual bar — Where a contract expressly prohibits the award of pre-award and pendente lite interest, an Arbitral Tribunal cannot award such interest, even if termed as compensation, as the arbitrator is bound by the terms of the contract. Contract Act, 1872 — Section 133 — Discharge of surety by variance in terms of contract — A variance made without the surety’s consent in the terms of the contract between the principal debtor and the creditor discharges the surety only with respect to transactions occurring subsequent to the variance. The surety remains liable for the original amount guaranteed. Insolvency and Bankruptcy Code, 2016 — Committee of Creditors (CoC) — Commercial Wisdom — Legislative intent to vest decisive authority in CoC, which comprises financial creditors who bear economic consequences of failure — Decisions on viability, valuation, and haircuts are commercial, not judicial — Courts do not substitute their assessment for that of the CoC — Adjudicatory authority performs a supervisory role, ensuring statutory compliance and procedural fairness, but refrains from second-guessing economic bodies.

Unprotected worker–Definition of–Every worker, who is doing manual work and is engaged or to be engaged in any scheduled employment, would be covered by that definition and would become an unprotected worker–Merely because some workmen are manual workers and not casual workers, that by itself, would not make any difference.

2010(1) LAW HERALD (SC) 1 IN THE SUPREME COURT OF INDIA Before  The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice V.S.Sirpurkar Civil Appeal No. 8452 of 2009 [Arising…

Attempt to Murder—Improvement in Statement—In FIR complainant stated, shot was fired by unknown person but before court he stated that he recognised appellant as person who fired shot as he was known to him earlier—Appellant acquitted.

2018(3) Law Herald (SC) 2590 : 2018 LawHerald.Org 1601 IN THE SUPREME COURT OF INDIA                                              Before Hon’ble Mr. Justice Ranjan Gogoi Hon’ble Mr. Justice Navin Sinha Criminal Appeal No.…

Food Safety and Standards Act, 2006, S.30–Prohibition on sale of Tobacco–FIR for transportation and sale of Gutka/Pan Masala-Two questions were framed by High Court for consideration- Whether the Food Safety Officers can lodge complaints for offences punishable under the IPC? Whether the acts complained amounted to any offence punishable under the provisions of the IPC? Since all the submissions were not raised before High Court—Matter remanded back with liberty to parties to raise detailed submissions-Directions issued that no coercive action should be taken by police during pendency of matter before High Court—Indian Penal Code, 1860, S.272 & S.328.

2018(3) Law Herald (SC) 2587 : 2018 LawHerald.Org 1600 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S.A. Bobde Hon’ble Mr. Justice L. Nageswara Rao Criminal Appeal No.…

Forest Land—Unauthorized Construction—Construction was allowed on forest land (Aravalli Hills near Faridabad, Haryana) unauthorizedly by town planning authorities in blatant violation of notification declaring the area as Forest Land—State directed to demolish all the constructions—Developer to pay the investors the invested amount with interest and cost of construction thereon Punjab Land Preservation Act, 1900–Unauthorized Construction-Construction was allowed on forest land (Aravalli Hills near Faridabad, Haryana) unauthorizedly by competent authorities and construction was raised in blatant violation of notification dated 10th August 1992 and subsequent order of court prohibiting any kind of construction—Area was declared forest land since 1980 much before said notification—In fact, building plans and sanction plans were approved by concerned authorities—It has caused great irreversible damage to environment and ecology of the area—Badkal lake has dried up and there is water scarcity in the areas—Following directions issued regarding constructions and land sold after date of notification as follows: (i) Developer would refund full amount to land purchaser along with 18% interest p.a. payable entirely by developer; (ii) State of Haryana to demolish all the illegal and unauthorized constructions before 31st December 2018; (iii) Developer and Town Planning Department to bear equally the cost of constructions which are ordered to be demolished—Amount quantified at Rs. 50 lakhs to be paid by 31th Dec 2018; (iv) If anyone who’s construction is demolished and is not satisfied with amount of Rs. 50 lakhs they can claim more by way of civil suit; (v) According to developer they have invested Rs. 50 crores in developing a housing complex—Developer directed to deposit 10% of said amount for rehabilitation of damaged area—Haryana Development & Regulation of Urban Areas Act, 1975, S.23.

2018(3) Law Herald (SC) 2422 : 2018 LawHerald.Org 1518 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Madan B. Lokur Hon’ble Mr. Justice Deepak Gupta W.P. (C)No. 4677…

Adultery—A law which deprives women of the right to prosecute, is not gender-neutral—Wife of the adulterous male, cannot prosecute her husband for marital infidelity—S.497 IPC struck down being unconstitutional. Adultery—It is not a criminal offence but undoubtedly is a moral wrong qua the spouse and the family Adultery—Section 497 is a denial of the constitutional guarantees of dignity, liberty, privacy and sexual autonomy which are intrinsic to Article 21 of the Constitution

                                 2018(3) Law Herald (SC) 2462 : 2018 LawHerald.Org 1598 IN THE SUPREME COURT OF…

Accident—Personal Expenses—Where the family of the bachelor is large and dependent on the income of the deceased, his personal and living expenses may be restricted to one-third, as contribution to the family will be taken as two-third. Accident—Just Compensation—More than claimed—Court is duty bound and entitled to award “just compensation”, irrespective of whether any plea in that behalf was raised by the claimant or not. Accident—Filial Consortium—It is the right of the parents to compensation in the case of an accidental death of a child—An accident leading to the death of a child causes great shock and agony to the parents and family of the deceased. Accident—Interest on Compensation—Deceased was aged 24 years and his income assessed as that of unskilled worker—Compensation awarded with 12% interest p.a. from date of filing claim petition.

2018(3) Law Herald (SC) 2410 : 2018 LawHerald.Org 1582 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R. F. Nariman Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…

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