Weekly Overview| Supreme Court Judgments: August 7 – August 11, 2023
1) Like victim, rape accused must be protected against false implication as it can cause equal distress, humiliation & damage
The Court observed that like a victim in a rape case, the accused must also be equally protected against false implication as it can lead to distress, humiliation and damage to the accused.
A victim filed an FIR in 2012 alleging that the Appellant and two other accused persons forcibly took possession of her land and threatened her when they were asked to vacate. In 2018, the Victim was asked to meet with one of the accused persons and his advocate, where they raped the victim. Later, they refused to vacate the land and repeatedly raped her by blackmailing her.
Cause Title- Haji Iqbal @ Bala Through S.P.O.A v. State of U.P. & Ors.
Date of Judgment- August 8, 2023
Coram- Justice BR Gavai and Justice JB Pardiwala
2) SC emphasizes diligent scrutiny of FIRs in cases of alleged vexatious motives, quashes FIR based on false implication
The Court quashed an FIR and related criminal proceedings setting aside the order of Allahabad High Court that had rejected the petitioner's request to quash the FIR, stating that the FIR prima facie indicated a cognizable offense and that the accuracy of the allegations should be determined during the investigation.
The appeal was related to a criminal case involving the Indian Penal Code (IPC) Section 506 and a First Information Report (FIR) filed against the accused. The accused had filed a Criminal Miscellaneous Writ Petition to the High Court of Judicature at Allahabad, seeking to quash the FIR. The FIR was lodged by a person named Husna against multiple individuals, including the appellant, for allegedly threatening her and her family members in connection with a previous FIR for various offenses under the IPC and the Protection of Children from Sexual Offences Act, 2012.
Cause Title- Salib v. State of U.P. & Ors.
Date of Judgment- August 8, 2023
Coram- Justice BR Gavai and Justice JB Pardiwala
3) Mere long period of possession does not translate into right of adverse possession
The Court in a case relating to the land dispute observed that merely a long period of possession, does not translate into the right of adverse possession.
The Court was dealing with an appeal against the judgment passed by the Kerala High Court by which the findings returned in the First Appeal by the District Judge were overturned and the land, the subject matter of dispute, was stated to be rightfully belonging to the respondents by virtue of principle of adverse possession.
Cause Title- Government of Kerala & Anr. v. Joseph and Others
Date of Judgment- August 9, 2023
Coram- Justice Abhay S. Oka and Justice Sanjay Karol
4) In frivolous proceedings, court owes duty to look into other attending circumstances emerging from record of case: SC in dacoity case
The Court in a dacoity case observed that in frivolous or vexatious proceedings, the Court owes a duty to look into other attending circumstances emerging from the record of case.
The Court was deciding an appeal at the instance of the accused preferred against the Allahabad High Court’s order whereby it rejected the writ petition of the accused and declined to quash the FIR for the offences punishable under Sections 395, 386, 365, 342, and 506 of the Indian Penal Code (IPC).
Cause Title- Haji Iqbal @ Bala v. State of U.P. & Ors.
Date of Judgment- August 8, 2023
Coram- Justice B.R. Gavai and Justice J.B. Pardiwala
5) Abkari Act| Conviction based on police testimony if reliable & trustworthy cannot be questioned
The Court in a case under the Abkari Act reaffirmed that conviction based on police testimony cannot be questioned if it is reliable and trustworthy.
An appeal was filed by the accused-appellant, against the order passed by the Kerala High Court. In the appeal, he had sought to set aside his conviction under Section 8 of the Abkari Act. The High Court denied his request to overturn the conviction, and the decision of the Trial Court was upheld.
Cause Title- Sathyan v. State of Kerala
Date of Judgment- August 11, 2023
Coram- Justice Abhay S. Oka and Justice Sanjay Karol
6) Though nationalised bank employees are public servants, S. 197 CrPC will not apply as sanction is not required for removal from service
The Court dismissed a Special Leave Petition by an Assistant General Manager of the State Bank of India who was alleged to have committed Bank fraud and had sought discharge from the offences under Section 120-B read with Sections 420, 468 and 471 of the Indian Penal Code claiming that there was no sanction accorded by sanctioning authority under Section 197 of the CrPC to prosecute the appellant.
The appellant serving as an Assistant General Manager, SBI, Hyderabad was alleged to have conspired with other co-accused to cheat the Bank by sanctioning a corporate loan of Rs. 22.50 crore in favour of M/s Sven Genetech Limited, Secunderabad. In view of that, the Central Bureau of Investigation (CBI) registered an FIR under the offences arising out of the IPC and Prevention of Corruption Act.
Cause Title- A. Sreenivasa Reddy v. Rakesh Sharma & Anr.
Date of Judgment- August 8, 2023
Coram- Justice B.R. Gavai and Justice J.B. Pardiwala
7) Writ of Habeas Corpus is maintainable only in case of illegal detention: SC while dismissing appeals challenging arrest of TN Minister Senthil Balaji
The Court dismissed the appeals filed by Tamil Nadu Minister V. Senthil Balaji and his wife challenging the Madras High Court's order whereby his arrest was upheld with regard to a money laundering case. The Court said that a writ of Habeas Corpus is maintainable only when there is an illegal detention.
TN Minister Senthil Balaji i.e., the appellant was continuing to be a minister without portfolio in the Tamil Nadu government even after his arrest on June 14, 2023, and his wife had challenged the order passed by the Madras High Court via which his arrest by the Enforcement Directorate (ED) in a money laundering case arising out of an alleged cash-for-jobs scam in the State's transport department was upheld.
Cause Title- V. Senthil Balaji v. The State represented by Deputy Director and Ors.
Date of Judgment- August 7, 2023
Coram- Justice A.S. Bopanna and Justice M.M. Sundresh
8) Good faith applies to both parties equally from beginning of insurance contract till its completion & even after it has ended
The Court held that in insurance contracts, both parties (insurer and insured) must observe good faith and disclose all material facts and that this obligation not only applies at the beginning of the contract, but throughout its existence, and even after.
The Appellant registered a partnership firm for the cultivation of prawns and got it insured by the Respondent Insurance Company for a period of five months. There was an outbreak of a bacterial disease called ‘White Spot Disease’, leading to the death of most of the prawns. The Appellant, thereafter, invoked their insurance policy, but the claim was rejected on the ground that the Appellant did not maintain records properly.
Cause Title- M/S. Isnar Aqua Farms v United India Insurance Co. Ltd.
Date of Judgment- August 8, 2023
Coram- Justice A.S. Bopanna and Justice Sanjay Kumar
9) Marine Insurance: In a situation where defects were not intimidated & warranty class not complied, classification certificate becomes invalid
The Court in in an appeal filed against the order of NCDRC (National Consumer Disputes Redressal Commission) held that in a situation when it is subsequently noticed that the defects were not intimated and the warranty class had not been complied, the Classification Certificate automatically becomes invalid.
The Court held this in a case relating to the marine insurance whereby the consumer complaint of the appellant was dismissed by NCDRC. The appellant had entered into Bareboat Charter Party Agreement for a sea vessel and had obtained ‘Marine Hull Insurance Policy’ from the respondent (IFFCO-Tokio General Insurance Co. Ltd.) covering the said vessel for various risks including the ‘perils of the seas’ for an insured sum of Rs. 8,26,92,000/-.
Cause Title- Hind Offshore Pvt. Ltd. v. IFFCO – Tokio General Insurance Co. Ltd.
Date of Judgment- August 8, 2023
Coram- Justice A.S. Bopanna and Justice Sanjay Kumar
10) SC axes 75% marks requirement for sports quota in engineering course, emphasizes on prioritizing sports in educational institutes
The Court allowed an appeal that was filed challenging an order of the Punjab & Haryana High Court that had rejected a Writ Petition questioning the imposition of a minimum requirement of 75% aggregate marks in the qualifying examination for candidates to claim admission under the 2% sports quota for engineering courses.
The appellant had challenged the 75% marks requirement for engineering admission under the 2% sports quota, approved by the Secretary of Technical Education, Chandigarh. Despite 28 of 34 applicants meeting the criteria, including the appellant's application that didn't meet the requirement, the High Court upheld the eligibility rule. This case highlighted the conflict over eligibility conditions for reserved categories in engineering admissions managed separately from the national Joint Seat Allocation Authority (JoSAA) program.
Cause Title- Dev Gupta v. PEC University of Technology & Ors.
Date of Judgment- August 9, 2023
Coram- Justice S. Ravindra Bhat and Justice Aravind Kumar
11) Decision of NCTE to include B.Ed. as qualification for teachers in primary school is arbitrary
The Court while dealing with a batch of appeals along with three writ petitions held that the decision of the NCTE (National Council for Teacher Education) to include B.Ed. as a qualification for teachers in a primary school is arbitrary and unreasonable.
The Court was deciding a case wherein the judgment passed by the Division Bench of the Rajasthan High Court was under challenge with regard to the dispute relating to the notification issued by NCTE.
Cause Title- Devesh Sharma v. Union of India and Ors.
Date of Judgment- August 11, 2023
Coram- Justice Aniruddha Bose and Justice Sudhanshu Dhulia
12) Supreme Court reinstates lecturer’s claim for pay protection, overturns Division Bench decision due to erroneous approach
The Court overturned a Division Bench’s decision finding its entire approach to be erroneous while considering the question as to whether the appellant was holding a post in Academic Staff College on ad¬hoc basis or was working against a leave/suspension or any other short¬term vacancy.
The appellant had applied for a Lecturer position at the University of Kashmir's Academic Staff College based on an advertisement and was appointed on tenure basis from September 8, 2001. Later, she was appointed on a regular temporary basis, with the same pay scale as her initial appointment. She requested pay protection, which was denied by the college's Executive Committee and hence, she filed a writ petition. A Single Judge had ruled in her favour for pay protection but, however, a Division Bench overturned this decision in February 2022.
Cause Title- Asma Shaw v. The Islamia College of Science & Commerce Srinagar Kashmir & Ors.
Date of Judgment- August 8, 2023
Coram- Justice Abhay S. Oka and Justice Prashant Kumar Mishra
13) No right vested in applicant to claim that Law Commission set up by Central Govt should be given constitutional or statutory status
The Court held that there is no right vested in an applicant to claim that the Law Commission set up by the Central Government should be given constitutional or statutory status.
A petition was filed by the respondent seeking a writ of mandamus against the Centre to appoint the Chairman and other members of the 22nd Law Commission constituted through the notification in accordance with law within the time stipulated by the Court.
Cause Title- Union of India & Ors. v. K. Pushpavanam & Ors.
Date of Judgment- August 11, 2023
Coram- Justice Abhay S. Oka and Justice Sanjay Karol
14) SC grants ₹2.25 crore compensation to cold storage co. for ammonia gas leakage in chambers resulting in closure of facility
The Court in an insurance related case granted a compensation of Rs. 2,25,00,000/- to S.S. Cold Storage India Pvt. Ltd. as there was a leakage of ammonia gas in two Chambers of the Facility which resulted in its closure in the year 1997.
The Court was dealing with an appeal under Section 23 of the Consumer Protection Act, 1986 that challenged the judgment passed by the National Consumer Disputes Redressal Commission (NCDRC) whereby the petition of the appellant was dismissed.
Cause Title- S.S. Cold Storage India Pvt. Ltd. v. National Insurance Company Limited
Date of Judgment- August 8, 2023
Coram- Justice A.S. Bopanna and Justice Dipankar Datta
15) Dacoity Case: Criminal antecedents of accused cannot be sole consideration to decline to quash criminal proceedings
The Court in a dacoity case held that when it comes to quashing of the FIR or criminal proceedings, the criminal antecedents of the accused cannot be the sole consideration to decline to quash the criminal proceedings.
The Court was deciding an appeal filed by two accused persons challenging the order of the Allahabad High Court relating to the offences punishable under Sections 395, 504, 506, and 323 of the Indian Penal Code (IPC).
Cause Title- Mohammad Wajid & Anr. v. State of U.P. & Ors.
Date of Judgment- August 8, 2023
Coram- Justice B.R. Gavai and Justice J.B. Pardiwala
16) Both lorry & rosewood logs have already been sold by state- SC remits matter related to illicit transport of forest produce back to High Court
The Court remitted a matter related to the illicit transport of forest produce back to the High Court for fresh consideration and stressed that the State had lapsed in its duty to apprise the High Court of the true and up-to-date facts at the time of the final hearing of the matter.
In this case, the Forest Department had seized a lorry carrying rosewood logs, which were found to be government property. The Wildlife Warden confiscated the vehicle and the illicit rosewood logs and filed an appeal before the District Court, which was dismissed. An Appeal was then filed before the High Court wherein the Court had allowed the revision petition filed by the Respondent and directed to release rosewood logs and the lorry to the Respondent, leaving it open to the Appellants to take any other appropriate action in respect of the property seized, as permissible in law.
Cause Title- Assistant Wild Life Warden & Anr. v K. K. Moideen & Anr.
Date of Judgment- August 9, 2023
Coram- Justice Abhay S. Oka and Justice Rajesh Bindal
17) In appeal, Section 37 of Arbitration Act grants narrower scope to appellate court to review findings in an award
The Court observed that in an appeal, Section 37 of the Arbitration and Conciliation Act 1996, grants narrower scope to the Appellant Court to review findings in an award if it has been upheld or substantially upheld under Section 34.
The appellant had challenged a judgment of the Allahabad High Court in which the court had modified an arbitral award. The dispute arose between the appellant and the Union of India over a contract, and the matter was referred to arbitration. The arbitral award included a provision for compound interest at 18% per annum.
Cause Title- M/s Larsen Air Conditioning and Refrigeration Company v. Union of India & Ors.
Date of Judgment- August 8, 2023
Coram- Justice S. Ravindra Bhat and Justice Dipankar Datta
18) Prosecution utterly failed to prove incriminating circumstances beyond reasonable doubt- SC acquits murder convicts
The Court acquitted the appellants convicted of murder setting aside the judgment passed by the Delhi High Court observing that prosecution had utterly failed to prove the case beyond reasonable doubt.
The appeals challenged the August 5, 2014 judgment of Delhi High Court which affirmed the May 17, 2013 judgment of the trial court, that had convicted the original three accused under Indian Penal Code (IPC) Section 302 read with Section 34, sentencing them to life imprisonment.
Cause Title- Kamal v. State (NCT of Delhi)
Date of Judgment- August 7, 2023
Coram- Justice B.R. Gavai and Justice Prashant Kumar Mishra
19) UP Gangsters Act| SC closes proceedings against a man who allegedly spread terror for taking unlawful possession of land
The Court disposed of an appeal and closed proceedings against a man charged under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The man had allegedly spread terror and created fear in the minds of the public for unlawfully taking possession of land.
Following the dismissal of the Appellant's petition by the High Court, the investigation officer filed a final report, wherein no offences were levelled against the Appellant. This report was accepted by the Additional Sessions Judge, concluding the proceedings. The Court determined that there was no need for further adjudication in the matter.
Cause Title- Mahmood Ali v The State of Uttar Pradesh & Ors
Date of Judgment- August 8, 2023
Coram- Justice B.R. Gavai and Justice J.B. Pardiwala
20) Conspiracy Case: Convictions cannot be justified solely on the basis of illusory knowledge regarding involvement in crime
The Court in a case relating to Conspiracy held that the convictions of persons cannot be justified solely on the basis of illusory knowledge regarding their involvement in the crime.
The Court was dealing with a batch of two appeals challenging the judgment of the Madhya Pradesh High Court whereby the appellants were convicted under Sections 411 and 120-B of the of the Indian Penal Code (IPC), respectively.
Cause Title- Manoj Kumar Soni v. The State of Madhya Pradesh
Date of Judgment- August 11, 2023
Coram- Justice S. Ravindra Bhat and Justice Dipankar Datta
21) SC allows trial court to look into materials of case in which accused allegedly raped woman, outraged modesty of her daughter
The Court allowed the Trial Court to look into the materials of the case in which the accused persons were alleged to have raped a woman and outraged the modesty of her minor daughter.
In this case, the victim used to work for the appellant No.1 namely Iqbal and used to stay at his residence in a separate room. It was alleged by her that Iqbal and co-accused respectively used to regularly rape her and whenever her daughter (who was about 14 to 15 years) used to visit the residence of Iqbal to meet her, his sons used to misbehave and outrage her modesty.
Cause Title- Igbal @ Bala & Ors. v. State of U.P. & Ors.
Date of Judgment- August 8, 2023
Coram- Justice B.R. Gavai and Justice J.B. Pardiwala
