Weekly Overview| Supreme Court Judgments: April 22 – April 26, 2024
|1) Promos/trailers don't create contractual relationship between film producer & consumer: SC allows Yash Raj Films' appeal against NCDRC order
The Court held that a promotional trailer does not create a contractual relationship/right/liability between a producer and consumer while setting aside allegations of unfair trade practices against Yash Raj Private Limited.
The Court dismissed the argument that the exclusion of content from the film, as shown in a promotional trailer, constituted “deficiency of service” or unfair trade practice stating that a consumer’s expectation based on the trailer did not transform it into a contractual obligation.
Cause Title- Yash Raj Films Private Limited v. Afreen Fatima Zaidi & Anr. (Neutral Citation: 2024 INSC 328)
Date of Judgment- April 22, 2024
Coram- Justice Pamidighantam Sri Narasimha and Justice Aravind Kumar
2) Recording of compromise & consequent decree although procedurally delayed, adhered to process under CPC: SC restores executing court’s order
The Court restored the order of the Executing Court in a case on the ground that recording of compromise and consequent decree although procedurally delayed, adhered to the process under the Civil Procedure Code (CPC).
The Court was deciding a civil appeal filed by a decree holder against the judgment of the Rajasthan High Court by which the revision filed under Section 115 of CPC challenging the order of the Executing Court, rejecting the objections under Section 47 of CPC was allowed.
Cause Title- Rehan Ahmed (D) Thr. LRs. v. Akhtar Un Nisa (D) Thr. LRs. (Neutral Citation: 2024 INSC 329)
Date of Judgment- April 22, 2024
Coram- Justice Vikram Nath and Justice Satish Chandra Sharma
3) HC completely ignored evidence indicating complicity: SC restores corruption case against police officer
The Court restored a corruption case against a police officer, stating that the Karnataka High Court had completely ignored material evidence which surfaced during the investigation, indicating complicity.
The Court set aside the judgment of the High Court which had quashed criminal proceedings against a police officer accused of accepting bribe under Section 7A of the Prevention of Corruption Act (the Act) and restored the subject matter of the FIR lodged against him on corruption charges.
Cause Title- Sanju Rajan Nayar v. Jayaraj & Anr. (Neutral Citation: 2024 INSC 331)
Date of Judgment- April 23, 2024
Coram- Justice Sanjay Karol and Justice Prasanna Bhalachandra Varale
4) 'Eggshell skull rule' can only be applied in medical negligence cases of victims having pre-existing vulnerability or medical condition
The Court, in a Judgment delivered in a medical negligence case, explained the applicability of ‘Eggshell Skull Rule’. It is a common law doctrine that makes a defendant liable for the plaintiff’s unforeseeable and uncommon reactions to the defendant’s negligent or intentional tort. The Court observed that this Rule can only be applied when the victim had a pre-existing vulnerability or medical condition.
The Court was dealing with an appeal preferred by a woman (claimant) against the hospital seeking enhancement of compensation.
Cause Title- Jyoti Devi v. Suket Hospital & Ors. (Neutral Citation: 2024 INSC 330)
Date of Judgment- April 23, 2024
Coram- Justice Sanjay Karol and Justice Aravind Kumar
5) Stridhan gifted to woman is her absolute property; husband has no control over it
The Court observed that gifts made to the bride by the bride’s husband or her parents or by relatives from the side of her husband or parents, at the time of marriage, constitute her stridhan. The Court noted that the husband has no control over her stridhan property. He may use it during the time of his distress but nonetheless he has a moral obligation to restore the same or its value to his wife, it said.
The Bench ordered a husband to pay Rupees 25 lakhs in compensation to the wife towards the recovery of her wedding jewellery constituting ‘Stridhan’, which was allegedly misappropriated by the husband.
Cause Title- Maya Gopinathan v. Anoop S.B. & Anr. (Neutral Citation: 2024 INSC 334)
Date of Judgment- April 24, 2024
Coram- Justice Sanjiv Khanna and Justice Dipankar Datta
6) "Some sudden quarrel had flared up": SC sets aside murder conviction of man accused of killing 'second wife'; convicts him u/s 304 Part II IPC
The Court modified the conviction of a man accused of killing his wife from Section 302 IPC to Part II of Section 304 IPC.
The Court found that the accused husband had knowledge that the injury inflicted was likely to cause death, but there was no intention to cause death. The Bench did not impose any fine upon the accused considering that he had already undergone a sentence of about 17 years and released him from custody.
Cause Title- Kariman v. State of Chhatisgarh (Neutral Citation: 2024 INSC 335)
Date of Judgment- April 24, 2024
Coram- Justice B.R. Gavai and Justice Sandeep Mehta
7) In absence of prejudice having been caused to assessee, no fault can be laid at the doors of authority: SC in central excise case
The Court, in a case relating to Central Excise Act, 1944 (CE Act), remarked that in case of absence of prejudice having been caused to the assessee, no fault can be laid at the doors of the authority.
The Court was dealing with a batch of appeals preferred against the order of the Madras High Court by which the order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) was set aside and the matter was remanded back to the tribunal for disposal of appeals.
Cause Title- M/s Madura Coats Private Limited v. The Commissioner of Central Excise and Anr. (Neutral Citation: 2024 INSC 336)
Date of Judgment- April 25, 2024
Coram- Justice P.S. Narasimha and Justice Aravind Kumar
8) Maharashtra Public Trusts Act| Delay in filing 'change report' cannot automatically invalidate assumption of office by ‘vahiwatdar’ of trust
The Court observed that the delay in filing a Change Report cannot automatically invalidate the assumption of office by a Vahiwatdar of a Trust under the Maharashtra Public Trusts Act, 1950. The Bench pointed out that the Bombay Public Trusts Act, 1950 (Act of 1950) was amended in 2017 to provide for condonation of delay for filing a Change Report, which was duly filed in this case.
The Court stated that it was a settled position of law that a written application was not mandatory to be filed while seeking condonation of delay as the relief could also be granted upon an oral request, provided sufficient cause was shown for such delay. The issue pertained to the acceptance of Change Reports concerning the Vahiwatdar (Administrator) and Trustees of the Shri Mallikarjun Devasthan, Shelgi (public trust). The Bombay High Court remanded the matter to the trial court for fresh consideration.
Cause Title- Shri Mallikarjun Devasthan, Shelgi v. Subhash Mallikarjun Birajdar & Ors. (Neutral Citation: 2024 INSC 339)
Date of Judgment- April 25, 2024
Coram- Justice A.S. Bopanna and Justice Sanjay Kumar
9) MEPS Act| Mere non-communication of acceptance of resignation to employee does not render the termination invalid
The Court, in the context of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and Rules framed under it, held that mere non-communication of acceptance of resignation to the employee would not render the termination invalid.
The Court observed that the employment of a public servant is deemed to be terminated from the date on which the appropriate authority accepted the letter of resignation. The Bench upheld the findings of the Bombay High Court which had held that mere non-communication of acceptance of resignation to an employee would not render the termination invalid.
Cause Title- Shriram Manohar Bande v. Uktranti Mandal & Ors. (Neutral Citation: 2024 INSC 337)
Date of Judgment- April 25, 2024
Coram- Justice Pamidighantam Sri Narasimha and Justice Aravind Kumar
10) Incident occurred without premeditation in a sudden fight, heat of passion & sudden quarrel: SC alters conviction u/s 302 IPC to S 304 Part I IPC
The Court altered the conviction of an accused from Section 302 IPC to Section 304 Part I IPC noticing that the incident occurred without premeditation, in a sudden fight, in the heat of passion and upon a sudden quarrel.
The Court was deciding a criminal appeal preferred against the judgment of the Punjab and Haryana High Court by which it dismissed his appeal and upheld the order of conviction and sentence of the Trial Court.
Cause Title- Mohd. Ahsan v. State of Haryana (Neutral Citation: 2024 INSC 338)
Date of Judgment- April 25, 2024
Coram- Justice B.R. Gavai, Justice Aravind Kumar, and Justice Sandeep Mehta
11) Test to determine whether a debt is a financial debt u/s 5(8) IBC: Supreme Court explains
The Court, in a recent judgment, discussed the test to determine whether a debt is a financial debt within the meaning of sub-section (8) of section 5 of the Insolvency and Bankruptcy Code, 2016 (IBC). It also held that there cannot be a debt under Section 5(11) unless there is a claim under Section 5(6) of the Code.
The Court held thus in a batch of civil appeals filed by a company against the judgments and orders of the National Company Law Appellate Tribunal (NCLAT).
Cause Title- Global Credit Capital Limited & Anr. v. Sach Marketing Pvt. Ltd. & Anr. (Neutral Citation: 2024 INSC 340)
Date of Judgment- April 25, 2024
Coram- Justice Abhay S. Oka and Justice Pankaj Mithal
12) EVMs are simple, secure & user friendly; repeated doubts without evidence can create distrust: SC rejects plea for 100% EVM-VVPAT verification
The Court, while rejecting pleas seeking 100% cross-verification of Electronic Voting Machines (EVMs) data with Voter Verifiable Paper Audit Trail (VVPAT) records, observed that EVMs are simple, secure and user-friendly.
The Court observed that repeated and persistent doubts and despair about them, even without supporting evidence, can have the contrarian impact of creating distrust.
Cause Title- Association for Democratic Reforms vs Election Commission of India & Anr. (Neutral Citation: 2024 INSC 341)
Date of Judgment- April 26, 2024
Coram- Justice Sanjiv Khanna and Justice Dipankar Datta
13) 'Prima facie case made out': SC upholds summoning of wife in 'cheating' complaint filed by husband
The Court upheld the summoning of a wife in a 'cheating' complaint filed by her husband.
The Court allowed the appeal filed by the husband who challenged the order of the Madhya Pradesh High Court that upheld the Sessions Court order quashing the summoning order of the Trial Court under Section 420 of the Indian Penal Code (IPC) against the wife and Section 420 read with Section 120-B IPC against her family members.
Cause Title- Aniruddha Khanwalkar v. Sharmila Das & Others (Neutral Citation: 2024 INSC 342)
Date of Judgment- April 26, 2024
Coram- Justice C.T. Ravikumar and Justice Rajesh Bindal
14) Actual harm caused to public exchequer needs to be judiciously examined: SC restores FIR alleging illegal transfer of govt. land to private entities
The Court allowed an appeal filed by the State Of Odisha to restore an FIR alleging a widespread conspiracy involving the forgery of documents to facilitate the illegal transfer of valuable government land to private entities.
The Court said that dismissal of cases involving government lands at the preliminary stage, especially when linked to a broader pattern of similar frauds as part of a larger conspiracy, risks undermining the integrity of multiple ongoing investigations and judicial processes.
Cause Title- State of Odisha v. Nirjharini Patnaik (Neutral Citation: 2024 INSC 346)
Date of Judgment- April 26, 2024
Coram- Justice Vikram Nath and Justice Prashant Kumar Mishra