Weekly Overview| Supreme Court Judgments: August 5 – August 9, 2024
|1) Delay has to be condoned irrespective of length of delay if there is 'sufficient cause'
The Court observed that if the cause for delay falls within the definition of "sufficient cause," it should be condoned regardless of the length of the delay.
The Court was hearing an appeal challenging the Delhi High Court's Order which dismissed the Writ Petition, as well as the subsequent Review Petition. The High Court had upheld the Central Administrative Tribunal's Order which dismissed the appellant's application for condonation of a 425-day delay in challenging the Order that imposed a penalty of stopping one increment with cumulative effect and held that the penalty imposed on the appellant was justified given the nature of charge.
Cause Title- Mool Chandra v. Union of India (Neutral Citation: 2024 INSC 577)
Date of Judgment- August 5, 2024
Coram- Justice Aravind Kumar and Justice Sandeep Mehta
2) Relationship between Union of India & NCT of Delhi: Supreme Court explains in its judgment on LG's power to nominate aldermen to MCD
In a judgment delivered on August 5, the Court held that the Lieutenant Governor can nominate aldermen to the Municipal Corporation of Delhi without the aid and advice of the elected government.
The Court also restated the relations between the Union and National Capital Territory of Delhi (NCTD).
Cause Title- Government of NCT of Delhi v. Office of Lieutenant Governor of Delhi (Neutral Citation: 2024 INSC 578)
Date of Judgment- August 5, 2024
Coram- Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala
3) Equivalence of qualification is a technical academic matter; it cannot be implied or assumed
The Court observed that equivalence of a qualification is a technical academic matter and it cannot be implied or assumed.
The Court was hearing an Appeal by Special Leave that challenged the decision of the Division Bench of the High Court which dismissed the Original Petition preferred by the Appellant and affirmed the order passed by the Kerala Administrative Tribunal that dismissed the Original Application preferred by the Appellant.
Cause Title- Shifana P.S. v. State of Kerala (Neutral Citation: 2024 INSC 580)
Date of Judgment- August 6, 2024
Coram- Justice Hima Kohli and Justice Sandeep Mehta
4) Benefits accorded to one cadre won’t accrue to other unless so specified in relevant scheme framed by employer
The Court held that the benefits accorded to one would not accrue to the other unless so specified in the relevant scheme, as may be framed by the employer whether State Government or University.
The Court held thus in a batch of appeals preferred against the common judgment of the Rajasthan High Court by which the appeals were dismissed.
Cause Title- Rajasthan Agricultural University, Bikaner v. Dr. Zabar Singh Solanki and Ors. (Neutral Citation: 2024 INSC 581)
Date of Judgment- August 6, 2024
Coram- Justice Hima Kohli and Justice Ahsanuddin Amanullah
5) High Court cannot hold a mini trial while exercising inherent jurisdiction u/s 482 CrPC: Supreme Court restores a forgery case
The Court reiterated that the High Courts are not supposed to hold a mini-trial while exercising inherent jurisdiction under Section 482 CrPC.
The Court was hearing an appeal challenging the judgement and order passed by the High Court that allowed the petition filed by the respondents under Section 482 of the Code of Criminal Procedure, 1973 and quashed the summoning order as well as criminal proceedings pending in the Court.
Cause Title- Dharambeer Kumar Singh v. State of Jharkhand (Neutral Citation: 2024 INSC 583)
Date of Judgment- August 6, 2024
Coram- Justice Vikram Nath and Justice Prasanna B Varale
6) Supreme Court directs NGT to oversee impact of silicosis-prone industries & factories across India
The Court directed the National Green Tribunal (NGT) to oversee the impact of silicosis-prone industries and factories across India.
The Court was dealing with a writ petition filed by Peoples Rights and Social Research Centre, a Delhi-based non-governmental organization, seeking intervention of the Court in addressing the grave issue of ‘Silicosis’ among workers in various industries across the country.
Cause Title- Peoples Rights and Social Research Centre (Prasar) & Ors. v. Union of India & Ors. (Neutral Citation: 2024 INSC 582)
Date of Judgment- August 6, 2024
Coram- Justice Vikram Nath and Justice Prasanna B. Varale
7) Merely attempting to overtake a vehicle is not rashness or negligence: SC enhances motor accident compensation
The Court observed that a mere attempt to overtake a vehicle cannot be said to be an act of rashness or negligence when nothing to the contrary is suggested by the record.
The Court was hearing an appeal by special leave challenging the judgment of the Allahabad High Court in the First Appeal. The claimants had appealed to the High Court against the order by the Additional District Judge in the Motor Accident Claim case.
Cause Title- Prem Lal Anand v. Narendra Kumar (Neutral Citation: 2024 INSC 585)
Date of Judgment- August 7, 2024
Coram- Justice C.T. Ravikumar and Justice Sanjay Karol
8) If deceased’s job is permanent, 30% addition to actual salary is made when his age is between 40-50 years: SC in motor accident compensation claim case
The Court reiterated that if the deceased is holding a permanent job, a 30% addition to the actual salary is to be made when the age of the deceased is between 40 to 50 years.
The Court was hearing an Appeal that questioned the correctness of the final judgment and order passed by the High Court that was rendered in an appeal arising out of the judgment passed by the Third Motor Accident Claims Tribunal.
Cause Title- Rojalini Nayak v. Ajit Sahoo (Neutral Citation: 2024 INSC 584)
Date of Judgment- August 7, 2024
Coram- Justice C.T. Ravikumar and Justice Sanjay Karol
9) Courts cannot grant interest on interest unless it is specifically provided under relevant statute or contract
The Court observed that courts cannot grant interest on interest unless a statute specifically provides for the same or when specific terms and conditions of the contract stipulate the same.
The Court said that Section 29 of the Indian Arbitration Act, 1940 (the Act) provided that a court could order for the payment of interest on the principal sum as adjudged by the award, but could not order for payment of interest on interest.
Cause Title- M/S D. Khosla and Company v. The Union of India (Neutral Citation: 2024 INSC 587)
Date of Judgment- August 7, 2024
Coram- Justice Pamidighantam Sri Narasimha and Justice Pankaj Mithal
10) Liability of defence in cheque bounce cases is not that of proving its case beyond reasonable doubt
The Court said that the liability of the defence in cases under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) is not that of proving its case beyond reasonable doubt.
The Court said thus in a criminal appeal preferred against the judgment of the Karnataka High Court by which the acquittal was affirmed for the offence of cheque dishonourment. It also culled out the principles underlining the exercise of power to adjudicate a challenge against an acquittal bolstered by concurrent findings.
Cause Title- Sri Dattatraya v. Sharanappa (Neutral Citation: 2024 INSC 586)
Date of Judgment- August 7, 2024
Coram- Justice B.V. Nagarathna and Justice Augustine George Masih
11) Decision to blacklist should be strictly within parameters of law & must comport with principle of proportionality
The Court observed that any decision to blacklist should be strictly within the parameters of law and must comport with the principle of proportionality.
The Court was dealing with a civil appeal filed by a company against the judgment of the Calcutta High Court.
Cause Title- The Blue Dreamz Advertising Pvt. Ltd. & Anr. v. Kolkata Municipal Corporation & Ors. (Neutral Citation: 2024 INSC 589)
Date of Judgment- August 7, 2024
Coram- Justice B.R. Gavai, Justice Sanjay Karol, and Justice K.V. Viswanathan
12) While granting anticipatory bail, courts cannot give blanket permission to investigating officers to seek police custody remand of accused
The Court held that the practice in Gujarat Courts of giving blanket permission to investigating officers to request police custody remand of the accused while granting anticipatory bail is illegal.
In this case, the petitioner, accused in a cheating case, approached the Supreme Court after the Gujarat High Court denied him bail.
Cause Title- Tusharbhai Rajnikantbhai Shah vs Kamal Dayani & Ors. (Neutral Citation: 2024 INSC 588)
Date of Judgment- August 7, 2024
Coram- Justice BR Gavai and Justice Sandeep Mehta
13) State Government cannot retrospectively reduce an employee’s pay scale and recover excess amount
The Court observed that the State Government cannot retrospectively reduce an employee’s pay scale and recover the excess amount granted.
The Court quashed the “grossly illegal and arbitrary” order passed by the State Government to reduce the pay scale of the employee (appellant) and to direct recovery of the excess amount from the appellant. The Bench explained that any step of reduction in the pay scale and recovery from a Government employee would be “tantamount to a punitive action because the same has drastic civil as well as evil consequences.”
Cause Title- Jagdish Prasad Singh v. State Of Bihar & Ors. (Neutral Citation: 2024 INSC 591)
Date of Judgment- August 8, 2024
Coram- Justice Sandeep Mehta and Justice R. Mahadevan
14) Sole circumstance of recovery of bloodstained weapon cannot form the basis of conviction: SC acquits murder accused
The Court observed that sole circumstance of recovery of bloodstained weapon cannot form the basis of conviction unless the same was connected with the murder of the deceased by the accused.
In this case, the criminal appeals were filed by Allarakha Habib Memon, Amin @ Lalo Aarifbhai Memon, and Mohmedfaruk @ Palak Safibhai Memon, challenging the judgment dated February 18, 2019, from the Gujarat High Court. This judgment had dismissed their appeals against a trial court's decision from October 13, 2014.
Cause Title- Allarakha Habib Memon Etc. vs State of Gujarat (Neutral Citation: 2024 INSC 590)
Date of Judgment- August 8, 2024
Coram- Justice BR Gavai and Justice Sandeep Mehta
15) If Disciplinary Authority accepts enquiry officer's findings, elaborate reasons to impose punishment are not required
The Court observed that no elaborate reasons are required by disciplinary authority to impose a punishment on an employee once findings recorded by the enquiry officer are accepted.
The Court clarified that going forward, wherever and whenever the Disciplinary Authorities concerned impose a major punishment, it should be appropriate for their orders to engage with the representations/submissions of the delinquent employees concerned.
Cause Title- The State Of Rajasthan & Ors v. Bhupendra Singh (Neutral Citation: 2024 INSC 592)
Date of Judgment- August 8, 2024
Coram- Justice Hima Kohli and Justice Ahsanuddin Amanullah
16) Relevant date for determining conversion rate of foreign award expressed in foreign currency is the date when the award becomes enforceable
The Court held that the relevant date for determining the conversion rate of foreign award expressed in foreign currency is the date when the award becomes enforceable.
In this case, the respondent, who held the award, had not withdrawn the partial amount of Rs. 7.5 crores deposited by the award debtor in 2010 during the proceedings. The respondent argued that the currency exchange rate should not be based on the date of this deposit but rather on the date when the entire award amount was enforced. Essentially, the respondent claimed that the deposited amount should not be considered converted into the relevant currency on the date of its deposit.
Cause Title- DLF Ltd. & Anr. vs Koncar Generators & Motors Ltd. (Neutral Citation: 2024 INSC 593)
Date of Judgment- August 8, 2024
Coram- Justice Hima Kohli and Justice Ahsanuddin Amanullah
17) There's widespread reporting of court proceedings; Judges should exercise due restraint while making observations
The Court cautioned Judges that they should exercise due restraint and responsibility in the observations which are made in the course of proceedings. It said that, nowadays, there is widespread reporting of every proceeding which takes place in the Court, particularly in the context of live streaming.
The Court said thus in the order passed in the suo motu writ petition against the Punjab and Haryana High Court order dated July 17, criticizing a stay order passed by the Apex Court in contempt of court proceedings.
Cause Title- In Re Order Of Punjab And Haryana High Court Dated 17.07.2024 And Ancillary Issues (Neutral Citation: 2024 INSC 594)
Date of Judgment- August 7, 2024
Coram- Chief Justice DY Chandrachud, Justice Sanjiv Khanna, Justice Surya Kant, Justice BR Gavai, and Justice Hrishikesh Roy
18) Bail is not to be withheld as punishment; Trial Courts & High Courts attempt to play safe: Supreme Court while granting bail to Manish Sisodia
The Court while granting bail to Aam Aadmi Party (AAP) leader and former Deputy Chief Minister Manish Sisodia in the excise policy scam case, observed that the Trial Courts and High Courts have forgotten the principle that bail is not to be withheld as a punishment and that they attempt to play safe in such matters.
The Court was deciding appeals challenging the judgment of the Delhi High Court which had rejected the bail applications of Sisodia.
Cause Title- Manish Sisodia v. Directorate of Enforcement (Neutral Citation: 2024 INSC 595)
Date of Judgment- August 9, 2024
Coram- Justice B.R. Gavai and Justice K.V. Viswanathan
19) Liability to pay property tax arises from date of acquisition of ownership: SC dismisses Rajkot Municipal Corporation's appeal against HC direction to refund
The Court upheld the Gujarat High Court judgment directing refund a portion of property tax collected by the Rajkot Municipal Corporation from a Company while observing that the liability to pay outstanding property tax dues arises from the date of acquisition of ownership of the property.
The Court dismissed Rajkot Municipal Corporation’s (Corporation) challenge against the direction of the Gujarat High Court directing the Corporation to refund a portion of the property tax it collected from Avenue Supermarts Limited (respondent). The High Court had directed the Corporation to refund part of the property tax collected from the respondent since the respondent was not liable for arrears incurred before acquiring the property.
Cause Title- Rajkot Municipal Corporation v. State Of Gujarat And Ors. (Neutral Citation: 2024 INSC 596)
Date of Judgment- August 9, 2024
Coram- Justice Abhay S. Oka and Justice Augustine George Masih
20) High Court reduced disability of claimant without assigning plausible reason: Supreme Court restores MACT award
The Court restored disability of a claimant to 25% and thus restored the award passed by Motor Accident Claims Tribunal.
The Court was hearing a Civil Appeal where the Appellant challenged the final judgment passed by the High Court of Karnataka that partly allowed an Appeal filed by the National Insurance Company.
Cause Title- Rahul v. National Insurance Company Ltd. and another (Neutral Citation: 2024 INSC 598)
Date of Judgment- August 9, 2024
Coram- Justice Sudhanshu Dhulia and Justice R. Mahadevan
21) Clause on validity of agreement for sale does not change the date fixed for performance
The Court held that the clause regarding validity of the agreement for sale is something different and does not change the date fixed for the performance.
The Court was hearing an Appeal against the judgment and order passed by the High Court that confirmed the judgment and decree of the First Appellate Court decreeing the Suit for Specific Performance.
Cause Title- Usha Devi v. Ram Kumar Singh (Neutral Citation: 2024 INSC 599)
Date of Judgment- August 5, 2024
Coram- Justice Vikram Nath and Justice Prasanna B. Varale