Weekly Overview| Supreme Court Judgments: September 18 – September 22, 2023
|1) Since extract legally establishes contents of original sale deed, same should confer right over entire property
The Court noted that since an Extract legally establishes contents of the original sale deed, the same should confer right over the entire property.
The Court was dealing with a civil appeal filed against the judgment passed by the Madras High Court, Madurai Bench whereby it reversed the concurrent judgments of the courts below decreeing the suit with regard to the title and possession of the entire suit property and confined the appellant’s entitlement to title and possession to 96 cents purchased under Ext. A5 Sale Deed.
Cause Title- Appaiya v. Andimuthu @ Thangapandi & Ors.
Date of Judgment- September 20, 2023
Coram- Justice B.R. Gavai and Justice C.T. Ravikumar
2) Claim for absorption as assistant teacher barred by constructive res judicata: SC denies higher pay scale but grants continuity of service
The Court held that the appellant's claim for absorption as an Assistant Teacher in the Higher Secondary Section with a higher pay scale was not tenable, as he was initially appointed as a substitute teacher in the pay scale of a primary teacher, and this claim had not been raised during earlier legal proceedings.
The Court further ruled that the doctrine of constructive res judicata applied, barring the appellant from re-litigating this claim. The appellant was seeking the absorption as an Assistant Teacher with a higher pay scale and continuity of service, which he claimed he was entitled to based on the Supreme Court's earlier order regarding the absorption of substitute teachers.
Cause Title- Samir Kumar Majumder v. The Union of India & Ors.
Date of Judgment- September 20, 2023
Coram- Justice J.K. Maheshwari and Justice K.V. Viswanathan
3) Acquittal alone in criminal case doesn't guarantee appointment in law enforcement agency: SC upholds disqualification of constable candidate
The Court held that the respondent's prior involvement in a criminal case, followed by acquittal, does not automatically qualify them for a police constable position. The Court emphasized that candidates must meet stringent suitability standards, especially in law enforcement agencies, and their moral conduct should align with the responsibilities of the role.
The case revolved around whether the respondent's prior involvement in a criminal case and subsequent acquittal should disqualify him from serving as a police constable, considering issues of moral turpitude and suitability for the position. The State Government had appealed to the Supreme Court, arguing that a candidate's character and suitability for police service should be considered, even if they were acquitted in a criminal case.
Cause Title- The State Of Madhya Pradesh & Ors. v. Bhupendra Yadav
Date of Judgment- September 20, 2023
Coram- Justice Hima Kohli and Justice Rajesh Bindal
4) Borrowers who fail to pay dues before auction notice cannot redeem mortgage under SARFAESI Act
The Court observed that a borrower who fails to pay dues before auction notice cannot redeem mortgage.
Highlighting the statutory position after the 2016 amendment to the SARFAESI Act, the Court observed that hat after an auction is concluded, borrowers internally relinquish their right to redemption under Section 13(8) of the Act.
Cause Title- Celir LLP vs Bafna Motors (Mumbai) Pvt. Ltd. & Ors.
Date of Judgment- September 21, 2023
Coram- CJI DY Chandrachud and Justice JB Pardiwala
5) Where there’s delay in raising plea or is raised for first time in court, it’s assumed that no prejudice had been felt by accused: SC in murder case
The Court in a murder case has said that where there is delay in raising the plea or the plea is raised for the first time in the court, it could be assumed that no prejudice had been felt by the accused.
The Court was dealing with a batch of three criminal appeals filed against the judgment of the Delhi High Court by which the appeals preferred by the accused persons/appellants were dismissed and the order of conviction and sentence of the Trial Court was affirmed under Sections 302/307/34 of the IPC.
Cause Title- Sunil v. State of NCT of Delhi
Date of Judgment- September 21, 2023
Coram- Justice Hrishikesh Roy and Justice Manoj Misra
6) Higher principle of ‘proof beyond reasonable doubt’ shall prevail: SC directs acquittal of 3 in minor's murder case citing slipshod investigation
The Court directed the immediate release acquitting three appellants of murder due to insufficiency and irregularities in the prosecution's case, emphasizing the importance of adhering to proper investigative procedures and the need to establish guilt beyond a reasonable doubt in cases based on circumstantial evidence.
The three convicts earlier had appealed to the High Court against the judgment of the Additional Sessions Judge, and their convictions and sentences were upheld, including the death penalty for the brother and son.
Cause Title- Rajesh & Anr. v. The State of Madhya Pradesh
Date of Judgment- September 21, 2023
Coram- Justice B.R. Gavai, Justice J.B. Pardiwala and Justice Sanjay Kumar
7) Appellant has not acquired any indefeasible right to be appointed in Haryana superior judicial services by qualifying in the selection process
The Court noted that the Appellant had not gained any indefensible right to be appointed in Haryana Superior Judicial Services by qualifying in the selection process.
The Court dismissed a Civil Appeal challenging the judgment and order of the High Court dismissing the Petition seeking appointment in Haryana Superior Judicial Service. The Court noted that the State has the power to fill all vacancies or leave some unfilled under Haryana Superior Judicial Service Rules, 2007 (Rules, 2007), but a valid reason must be provided for doing so.
Cause Title- Sudesh Kumar Goyal v The State of Haryana & Ors.
Date of Judgment- September 21, 2023
Coram- Justice Hrishikesh Roy and Justice Pankaj Mithal
8) Any gratification when proved to have been accepted by accused, courts are entitled to raise presumption u/s. 20 of PCA that it was accepted with dishonest motive
The Court in a case under the Prevention of Corruption Act observed that any gratification when proved to have been accepted by the accused, the Court are entitled to raise presumption under Section 20 of the Act that it was accepted with a dishonest motive.
The Court dismissed a Criminal Appeal filed by the Appellant challenging the conviction order and sentencing under the Prevention of Corruption Act, 1988 (PC Act). The Court noted that the prosecution proved beyond reasonable doubt that the amount accepted by the Appellant was illegal gratification.
Cause Title- P. Sarangapani (Dead) Through LR Paka Saroja v State of Andhra Pradesh
Date of Judgment- September 21, 2023
Coram- Justice Bela M. Trivedi and Justice Dipankar Datta
9) Enforcement officers appointed under FERA retain authority to file complaints for offences within 2-year sunset period as per S. 49 (3) of FEMA
The Court held that Enforcement Officers appointed under the Foreign Exchange Regulation Act (FERA) retained the authority to file complaints for FERA offences within the two-year sunset period specified in sub-section (3) of Section 49 of the Foreign Exchange Management Act (FEMA). In 1999, FEMA came into effect, repealing the FERA from June 1, 2000.
The dispute revolved around whether Enforcement Officers appointed under FERA had the authority to file complaints for FERA offenses after the repeal of FERA by FEMA on June 1, 2000.
Cause Title- First Global Stockbroking Pvt. Ltd. & Ors. v. Anil Rishiraj & Anr.
Date of Judgment- September 21, 2023
Coram- Justice Abhay S. Oka and Justice Sanjay Karol
10) Bigamy is not a relevant factor in deciding validity of the will
The Court held that allegations of second marriage and bigamy, are not relevant to the main issue of the Will's validity and Will executed by the deceased was upheld in accordance with statutory compliance and established legal principles.
The appeal involved a case where a man executed a Will before his death, and there were disputes regarding its validity. He had two marriages and several children.
Cause Title- Meena Pradhan & Ors. v. Kamla Pradhan & Anr.
Date of Judgment- September 21, 2023
Coram- Justice Abhay S. Oka and Justice Sanjay Karol
11) Decisions based on equity must not be overturned under Section 34 of A&C act on ground that arbitrator’s approach was arbitrary
The Court noted that at times, decisions are taken acting on equity and such decisions should not be overturned under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act) on the ground that the arbitrator’s approach was arbitrary or capricious.
The Court was deciding a civil appeal filed by Batliboi Environmental Engineers Limited (BEEL) challenging the judgment of the Bombay High Court whereby it allowed the appeal filed by Hindustan Petroleum Corporation Limited (HPCL) under Section 37 of the A&C Act and thereby set aside the arbitral award.
Cause Title- Batliboi Environmental Engineers Limited v. Hindustan Petroleum Corporation and Another
Date of Judgment- September 21, 2023
Coram- Justice Sanjiv Khanna and Justice M.M. Sundresh
12) Governing statute lays considerable emphasis on hearing parties: Supreme Court criticizes Bombay HC for hastily overturning findings of civil courts
The Court criticized the Bombay High Court for hastily overturning the findings of two Civil Courts without adequately hearing the parties or examining the Trial Court records.
In this case, a property valued at approximately ₹6,60,000 that the respondent had agreed to sell to the appellant. Despite several attempts to complete the sale deed, it did not materialize because the seller failed to appear at the relevant office, leading to the initiation of civil proceedings.
Cause Title- Suresh Lataruji Ramteke vs Sau. Sumanbai Padurang Petkar & Ors.
Date of Judgment- September 21, 2023
Coram- Justice BR Gavai and Justice Sanjay Karol
13) "Latitude given by Constitution cannot be caged in form of inflexible guidelines"- SC on Kerala policy excluding certain convicts from remission
The reprimanded a Kerala policy practice and said that typecasting convicts through inflexible guidelines based on crimes committed several years ago undermines their reformative potential, and can crush the life force out of such individuals.
Subsequently, the Court ordered the release of a man who had been imprisoned for 26 years after his conviction for robbing and murdering his sister-in-law.
Cause Title- Joseph v. The State of Kerala & Ors.
Date of Judgment- September 21, 2023
Coram- Justice S Ravindra Bhat and Justice Dipankar Datta
14) Supreme Court allows landowners to retain amenity space with 100-year-old trees, orders transfer of replacement land
The Court permitted the landowners (respondents) to retain amenity space containing 100-year-old trees as per their alternate prayer. The Court has ordered the landowners and plot holders to make a representation to the Municipal Council, requesting the transfer of an equivalent piece of land in exchange for the amenity space. This direction was issued under Article 142 of the Constitution, to protect the century-old trees while resolving the legal dispute over land usage.
The Court however allowed the appeals and upheld the doctrine of election and the principle of delay and laches. The appeals challenged a common judgment by the Division Bench of the Bombay High Court. This judgment had partially allowed a petition filed by the landowners, which challenged a government notification, converting their land from a 'No Development Zone' to a 'Residential/Commercial Zone' subject to certain conditions.
Cause Title- Shirdi Nagar Panchayat v. Kishor Sharad Borawake & Ors.
Date of Judgment- September 22, 2023
Coram- Justice B.R. Gavai and Justice S.V.N. Bhatti
15) Confessional statement recorded by NCB officers u/s. 67 of NDPS Act is not admissible as evidence: SC while acquitting accused
The Court acquitted an accused named Balwinder Singh saying that the confessional statement was recorded by NCB (Narcotics Control Bureau) officers under Section 67 of NDPS Act (Narcotic Drugs and Psychotropic Substances Act, 1985) and that there was no other independent incriminating evidence that was brought by the prosecution for convicting him.
The Court was deciding a batch of two criminal appeals filed by two men named Balwinder Singh and Satnam Singh who had challenged the judgment passed by the Division Bench of the Punjab and Haryana High Court whereby the death sentence imposed upon Balwinder was set aside and a rigorous imprisonment of 14 years was imposed upon him. The appeals preferred by the accused were dismissed except for the modification in the order of sentence.
Cause Title- Balwinder Singh (Binda) v. The Narcotics Control Bureau
Date of Judgment- September 22, 2023
Coram- Justice B.R. Gavai, Justice Hima Kohli, and Justice Prashant Kumar Mishra
16) Submission of original documents during interview is not mandatory when already obtained during probation
The Court held that submitting original documents at the interview stage is not mandatory as it is neither related to one’s qualification nor eligibility.
The Court allowed the Appeals filed by several candidates who were on the merit list but were not appointed due to a delay in producing original documents during the interview. The Court directed the Respondents to accommodate the candidates.
Cause Title- Sweety Kumari v The State of Bihar And Others
Date of Judgment- September 22, 2023
Coram- Justice J. K. Maheshwari and Justice K. V. Viswanathan