Weekly Overview| Supreme Court Judgments: September 2 – September 6, 2024
1) Supreme Court summarizes principles on impounding of instruments & imposition of penalty under Karnataka Stamp Act
The Court summarized principles on impounding of insufficiently stamped instruments and imposition of penalty under Karnataka Stamp Act, 1957.
The Court disposed of an appeal against the Karnataka High Court judgment that had upheld the penalty for the deficit stamp duty on the instrument instead of sending it to the District Registrar for determination and collection of penalty as may be applicable.
Cause Title- Seetharama Shetty v. Monappa Shetty (Neutral Citation: 2024 INSC 650)
Date of Judgment- September 2, 2024
Coram- Justice Hrishikesh Roy and Justice S.V.N. Bhatti
2) Application for rescission of contract or extension of time u/s 28(1) SRA after decree must be decided as application in original suit
The Court observed that an application seeking rescission of a contract or extension of time under Section 28 (1) of the Specific Relief Act, after a decree has been passed, must be decided as an application in the original suit.
The Bench upheld the discretion exercised by the Execution Court in extending the time for the deposit of balance sale consideration under Section 28(1) of the Specific Relief Act, 1963 (the Act).
Cause Title- Ishwar (D) & Ors. v. Bhim Singh & Anr. (Neutral Citation: 2024 INSC 651)
Date of Judgment- September 3, 2024
Coram- Justice J.B. Pardiwala and Justice Manoj Misra
3) ‘Owner’ of vehicle not limited to categories u/s 2(30) MV Act; person in control of vehicle can be treated as owner for fixing tortious liability
The Court observed that the ‘owner’ of a vehicle is not limited to the categories specified in Section 2(30) of the Motor Vehicles Act, 1988 (MV Act) and hence, a person in control of the vehicle can be treated as its owner for fixing the tortious liability.
The Court observed thus in a civil appeal preferred against the judgment of the Chhattisgarh High Court by which the miscellaneous appeal of the dealer was dismissed and that of the claimant was allowed by enhancing the compensation.
Cause Title- Vaibhav Jain v. Hindustan Motors Pvt. Ltd. (Neutral Citation: 2024 INSC 652)
Date of Judgment- September 3, 2024
Coram- Justice J.B. Pardiwala and Justice Manoj Misra
4) No overt act required when charge is u/s 149 IPC; presence of accused as part of unlawful assembly is sufficient for conviction
The Court reiterated that no overt act is required to be imputed to a person when the charge is under Section 149 of the Indian Penal Code (IPC) and that the presence of the accused as part of the unlawful assembly is sufficient for conviction.
The Court was deciding a criminal appeal preferred against the judgment of the Allahabad High Court which upheld the conviction of the accused along with others under Sections 148, 302, and 149 of the IPC.
Cause Title- Nitya Nand v. State of U.P. & Anr. (Neutral Citation: 2024 INSC 655)
Date of Judgment- September 4, 2024
Coram- Justice Abhay S. Oka and Justice Ujjal Bhuyan
5) Kerala Civil Services Rules| Recording of satisfaction before holding a departmental inquiry mandatory
The Court observed that recording of satisfaction before holding a departmental inquiry is mandatory under Kerala Civil Services (Classification, Control and Appeal) Rules, 1960. The Court said that it is a cardinal principle of law that if a statute provides for doing a thing in a particular manner then it should be done in that fashion only and not otherwise.
The Court dismissed a Special Leave Petition preferred by Kerala Agricultural University where it challenged the judgment and order of the Division Bench of the High Court of Kerala that quashed the order passed by the Vice Chancellor of the University terminating the services of the respondent.
Cause Title- Kerala Agricultural University & Anr. v. T. P. Murali (Neutral Citation: 2024 INSC 658)
Date of Judgment- September 4, 2024
Coram- Justice Pamidighantam Sri Narasimha and Justice Pankaj Mithal
6) ‘Lack of effective consultation’ & ‘eligibility’ falls within scope of judicial review: SC on maintainability of writ petitions challenging collegium decisions
The Court observed that, in matters involving appointment of judges, the lack of effective consultation amongst the members of the Collegium and 'eligibility' of candidates fall within purview of Judicial review.
This decision was issued in a Writ Petition challenging the procedural adherence of the High Court Collegium in reconsidering certain judicial appointments.
Cause Title- Chirag Bhanu Singh & Anr. v. High Court of Himachal Pradesh & Ors. (Neutral Citation No. 2024 INSC 660)
Date of Judgment- September 6, 2024
Coram- Justice Hrishikesh Roy and Justice Prashant Kumar Mishra
7) Mere registration of FIR cannot be interpreted to mean that it constitutes initiation of proceedings
The Court observed that the mere registration of an FIR cannot be interpreted to mean that it constitutes the initiation of proceedings.
The Court quashed the criminal proceedings against Baccarose Perfumes and Beauty Products Pvt. Ltd. (Company), setting aside the orders of the Gujarat High Court and the Special CBI Judge after the Central Bureau Of Investigation (CBI) alleged customs violations relating to the declaration of the Maximum Retail Price (MRP) and Countervailing Duty (CVD) obligations of the Company.
Cause Title- Baccarose Perfumes And Beauty Products Pvt. Ltd. v. Central Bureau Of Investigation & Anr. (Neutral Citation: 2024 INSC 662)
Date of Judgment- September 6, 2024
Coram- Justice Abhay S. Oka and Justice Augustine George Masih
8) Supreme Court upholds repatriation orders by APSRTC relegating employees to their parental cadres in TSRTC
The Court upheld the repatriation order by the Andhra Pradesh State Road Transport Corporation (APSRC) relegating the employees to their parental cadres in Telangana State Road Transport Corporation (TSRTC).
The issue concerned the repatriation of Class III and IV employees, who were temporarily deputed to zones falling within the residual State of Andhra Pradesh following the bifurcation of Andhra Pradesh under the Andhra Pradesh Reorganisation Act, 2014 (the Act).
Cause Title- Andhra Pradesh State Road Transport Corporation & Ors. v. V.V. Brahma Reddy & Anr. (Neutral Citation: 2024 INSC 663)
Date of Judgment- September 6, 2024
Coram- Justice Pamidighantam Sri Narasimha and Justice Pankaj Mithal
9) Family Courts dealing with child custody cases are in an advantageous position over High Courts
The Court observed that Civil or Family Courts dealing with child custody cases are in an advantageous position over High Courts.
The Court set aside the order of the Madhya Pradesh High Court that “disturbed” the custody of a two-year-old minor child in the exercise of the Court’s discretion under Article 226 of the Constitution. The High Court had issued a writ of Habeas corpus directing the mother’s family (appellants) to hand over custody of the child to the father and his family (respondents).
Cause Title- Somprabha Rana & Ors. v. The State of Madhya Pradesh & Ors. (Neutral Citation: 2024 INSC 664)
Date of Judgment- September 6, 2024
Coram- Justice Abhay S. Oka and Justice Augustine George Masih
10) Flat purchaser cannot be compelled to take possession offered without requisite completion & firefighting clearance certificates
The Court observed that a plat purchaser cannot be compelled to take possession offered without a requisite completion certificate and firefighting clearance certificate.
The Court said that the above documents were essential for a valid and lawful offer of possession.
Cause Title- Dharmendra Sharma v. Agra Development Authority (Neutral Citation: 2024 INSC 667)
Date of Judgment- September 6, 2024
Coram- Justice Vikram Nath and Justice Prasanna B. Varale
11) Supreme Court Directs CBI To Probe Suspicious Death Of Senior Judicial Officer’s Wife
The Court directed the Central Bureau of Investigation (CBI) to carry out the probe in a case of suspicious death of a Senior Judicial Officer’s wife.
The Court was deciding a criminal appeal filed by the mother and brother of the deceased woman having apprehension that her husband having sufficient influence being a senior judicial officer had managed the post mortem in which the case of death was shown to be suicide by hanging.
Cause Title- Mandakini Diwan and Anr. v. The High Court of Chhattisgarh & Ors. (Neutral Citation: 2024 INSC 666)
Date of Judgment- September 6, 2024
Coram- Justice Vikram Nath and Justice Prasanna B. Varale