Weekly Overview| Supreme Court Judgments: August 21 - August 25, 2023
1) It cannot be gainsaid that as per doctrine of harmonious construction, document must be read as a whole & in its totality: SC in LA case
The Court in a land acquisition case observed that it cannot be gainsaid that as per doctrine of harmonious construction, the document must be read as a whole and in its totality.
The Court was dealing with a batch of two civil appeals preferred by a trust against the judgments passed by the High Court whereby it remanded the matter to the Reference Court to decide the question as to whether the reference made was within the limitation as per Section 18 of the Land Acquisition Act, 1894.
Cause Title- Shri Nashik Panchavati Panjarpol Trust & Ors. v. The Chairman & Anr.
Date of Judgment- August 22, 2023
Coram- Justice Bela M. Trivedi and Justice Dipankar Datta
2) Appointment was declared illegal & void-ab-initio by district education officer- SC dismisses teacher's appeal claiming salary
The Court dismissed an appeal filed by a teacher working in an ME School who claimed that she had not received her salary while noting that all appointments were declared illegal and void ab initio by order of the District Elementary Education Officer (Director), and therefore, the Appellant could not claim salary.
In 2001, the Appellant was appointed as an Assistant Teacher in Bengabari M.E./M.V./M.E.M. School under the Operation Black Board Scheme. The Appellant contended that she was working at the school since but has not received any salary. The Appellant was dissatisfied with the decisions and filed a Civil Appeal before the Court to challenge them.
Cause Title- Dulu Deka v. State of Assam
Date of Judgment- August 22, 2023
Coram- Justice Bela M. Trivedi and Justice Dipankar Datta
3) Ruling of Trial Court & High Court is nothing short of intense appellate review which is impermissible in law: SC while restoring arbitral award
The Court restored an arbitration award while observing that the ruling of the trial courts and the High Court is nothing short of intense appellate review, which is impermissible in law and beyond the court’s jurisdiction.
The appellant was dissatisfied with a trial court judgment that overturned an award granted earlier in their favor. The award was granted due to a road construction contract dispute in the form of compensation.
Cause Title- M/s S.D. Shinde Tr. Partner v. Govt. of Maharashtra & Ors.
Date of Judgment- August 22, 2023
Coram- Justice S. Ravindra Bhat and Justice Dipankar Datta
4) State's attempt to evict respondent without following proper legal procedure was illegal & unconstitutional: SC in Orissa Govt Land Settlement Act case
The Court dismissed a Civil Appeal filed by the Industrial Infrastructure Development Corporation of Orissa (IDCO) over a disputed property, which was first allotted to the Respondent and then, without following proper procedure, partly allotted to IDCO.
The Court held that the disputed property included the Respondent and IDCO’s land. The Court observed that the State's attempt to evict the Respondent without following proper legal procedures was illegal and unconstitutional.
Cause Title- Chairman-Cum-Managing Director, Industrial Infrastructure Development Corporation of Orissa v Late Surgeon Vice Admiral GP Panda (Thr His Legal Heirs) And Others
Date of Judgment- August 22, 2023
Coram- Justice J.B. Pardiwala and Justice S.V.N. Bhatti
5) Criminal case registered was for petty offences: SC directs appointment of constable in West Bengal Police Force citing acquittal
The Court directed the DGP and the State to consider the case of the respondent and issue an order of appointment to the post of constable in the West Bengal Police Force. The case involved a dispute over the appointment of a constable based on the alleged suppression of information about a pending criminal case.
The case involved an appeal against a judgment by the Calcutta High Court concerning the appointment of Mitul Kumar Jana as a constable in the West Bengal police force. Despite being placed on the merit list, concerns arose due to his alleged non-disclosure of an ongoing criminal case on the police verification form.
Cause Title- State of West Bengal & Ors. v. Mitul Kumar Jana
Date of Judgment- August 22, 2023
Coram- Justice J.K. Maheshwari and Justice K.V. Viswanathan
6) Nature of driver’s employment is a contributory factor for his untimely death: SC while allowing widow's plea for compensation
The Court allowed a Civil Appeal filed by a widow who lost her husband, a driver, during his employment. It restored the Commissioner's order granting the widow compensation under the Employee's Compensation Act 1923 (1923 Act).
The Court observed that prolonged driving was the contributory factor for the driver's untimely death and that this should be considered an accident that happened due to the nature of his job.
Cause Title- Smt. Dariyao Kanwar & ors. v M/s United India Insurance Co. Ltd. & Anr.
Date of Judgment- August 23, 2023
Coram- Justice Hima Kohli and Justice Rajesh Bindal
7) Powers u/s. 482 CrPC can be exercised by High Court when incontrovertible evidence is present: SC while reviving complaint for trial
The Court allowed appeals reviving the complaints against respondent no.1 for trial holding that quashing should only occur when incontrovertible evidence is presented. The case involved a dispute over the liability of one of the respondents based on his claim of having retired from the partnership firm before the issuance of the cheques.
In this case, the Meghalaya High Court at Shillong quashed criminal complaints filed against respondents in relation to a case involving bounced cheques. The complainants (appellants) had alleged violations of the Negotiable Instruments Act and sections of the Indian Penal Code. The core issue revolved around the liability of one of the respondents (respondent no.1) who claimed to have resigned from the partnership firm before the issuance of the cheques.
Cause Title- Riya Bawri Etc. v. Mark Alexander Davidson & Ors.
Date of Judgment- August 23, 2023
Coram- Justice Hima Kohli and Justice Rajesh Bindal
8) LA case: Belting of area for valuation would be incorrect- SC while increasing market value of acquired lands
The Court in a land acquisition case increased the market value for the acquired lands on account that the belting of area for valuation would be incorrect. The Court was dealing with a batch of civil appeals preferred by the landowners against the judgment passed by the Punjab and Haryana High Court claiming enhanced compensation.
In this case, the Land Acquisition Officer (LAO) via an award determined the compensation payable to the landowners and according to the appellants, LAO did not determine the market value/compensation in compliance with Sections 23 and 24 of the aforesaid Act.
Cause Title- BESCO Limited v. State of Haryana & Others
Date of Judgment- August 23, 2023
Coram- Justice B.R. Gavai and Justice S.V.N. Bhatti
9) "Authorities must not turn blind eye to undisputed ground realities & compelling necessities, they don’t live in ivory towers": SC remarks in tender case
The Court in a tender-related case said that the decision-making authorities must not turn a blind eye to the undisputed ground realities and compelling necessities and that they do not live in ivory towers.
The Court was dealing with a civil appeal in which the question that arose for consideration was whether to construe Clause 2.22.0 (ix) of the tender conditions as the law of the Medes and the Persians-rigid and unalterable, even if the justice of the cause warranted otherwise.
Cause Title- M/s Om Gurusai Construction Company v. M/s V.N. Reddy & Ors.
Date of Judgment- August 23, 2023
Coram- Justice J.K. Maheshwari and Justice K.V. Viswanathan
10) Minor's gang rape| Bail order bereft of material, High Court got swayed on ground of delay- SC directs 3 men including MLA's son to surrender
The Court in a minor’s gang rape case directed the three accused persons including an MLA's son to surrender saying that the order granting bail was bereft of material and the High Court got swayed on the ground of delay in lodging the FIR.
The Court was dealing with a batch of two criminal appeals filed by the uncle of the minor victim against the order passed by the Rajasthan High Court whereby it allowed the applications of the accused under Section 439 of the Cr.PC.
Cause Title- Bhagwan Singh v. Dilip Kumar @ Deepu @ Depak and Another
Date of Judgment- August 23, 2023
Coram- Justice S. Ravindra Bhat and Justice Aravind Kumar
11) Dying declaration alone is insufficient for conviction, needs corroborative evidence: SC while setting aside death sentence in murder case
The Court set aside the conviction and death sentence of a man holding that dying declaration alone cannot be the basis of a conviction where suspicion was raised on its correctness. The alleged convict was initially sentenced to death under Section 302 IPC, life imprisonment under Section 436 IPC, and life imprisonment under Section 326-A IPC.
In this case, the appellant-convict was appealing through special leave against a judgment by the Allahabad High Court. The High Court had affirmed the conviction and death sentence passed by the Additional Sessions Judge.
Cause Title- Irfan v. The State of Uttar Pradesh
Date of Judgment- August 23, 2023
Coram- Justice B.R. Gavai, Justice J.B. Pardiwala, and Justice Prashant Kumar Mishra
12) S. 83(1)(C) Of Representation Of People Act| Requirement of Form 25 affidavit not mandatory if there is substantial compliance
The Court dismissed a Civil Appeal arising out of an election petition filed by an unsuccessful candidate for alleged violations under Sections 80, 80A, 81, 84, 100(1)(d)(iv) and 101 of the Representation of People Act, 1951 (Act). The returning candidate had approached the Court against the dismissal of his application under Order 7 Rule 11 of the CPC by the High Court.
The Court emphasised that the requirement of an affidavit under Section 83(1)(c) of the Act is optional if substantial compliance exists. As the defect is curable, the person can be given the chance to furnish the necessary document, the Court noted.
Cause Title- Thangjam Arunkumar v Yumkham Erabot Singh & Ors.
Date of Judgment- August 23, 2023
Coram- Chief Justice DY Chandrachud and Justice PS Narasimha
13) Mining lease granted by UP govt over land partly claimed by MP govt: SC remands matter to High Court for fresh consideration
The Court in a case related to granting of a mining lease, restored the writ petition to be decided afresh saying that the Allahabad High Court did not properly address all the issues raised before it.
The Court was deciding the civil appeals filed by the State of Uttar Pradesh against the orders passed by the Allahabad High Court in a writ petition filed by a leaseholder, who claimed that he was unable to mine sand since the state of Madhya Pradesh raised an objection to the mining operations on the ground that 300 meters of the demised mining area fell within the territorial limits of the State of M.P.
Cause Title- State of U.P. & Others v. Vinay Kumar Singh
Date of Judgment- August 23, 2023
Coram- CJI D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra
14) Execution petition cannot be dismissed merely on premise that decree holder has lost possession to third party
The Court observed that the Executing Court cannot dismiss an Execution Petition by treating the decree to be inexecutable merely on the basis that the decree-holder has lost possession to a third party/encroacher.
The Court allowed a set of Civil Appeals filed by a lessor against the order of the High Court, which affirmed the Executing Court's decision. The Executing Court had determined that the order for possession of immovable property could not be enforced against the judgment-debtor as the encroacher was not ‘party to the suit’.
Cause Title- Smt. Ved Kumari (Dead Thr Her Legal Representative Dr. Vijay Agarwal) v Municipal Corporation of Delhi (Thr Its Commissioner)
Date of Judgment- August 24, 2023
Coram- Justice B.V. Nagarathna and Justice Prashant Kumar Mishra
15) If findings are evidence-based, court must not re-appreciate & arrive at independent finding: SC reiterates about ‘Lakshman Rekha’
The Court reiterated with regard to ‘Lakshman Rekha’ that if the findings are based on some evidence, the court must not re-appreciate the same and arrive at an independent finding.
The Court said this while dealing with a civil appeal filed by the State Bank of India (SBI) against the judgment of the Division Bench of Karnataka High Court whereby it dismissed the bank’s appeal and confirmed the judgment of the Single Judge who allowed the writ petition of the respondent and quashed the order of the Appointing Authority granting consequential benefits to him.
Cause Title- State Bank of India v. A.G.D. Reddy
Date of Judgment- August 24, 2023
Coram- Justice J.K. Maheshwari and Justice K.V. Viswanathan
16) Elevating dissenting opinion as award would be inappropriate and improper if majority award is set aside
The Court held that it would be inappropriate and improper to elevate a dissenting opinion as a Tribunal award if the majority award has been set aside.
The Court allowed a set of Civil Appeals challenging the order of the Division Bench, wherein the Tribunal's majority view and award were set aside on grounds of an implausible contract interpretation. It determined whether it was acceptable to elevate a dissenting opinion to the status of an award if the majority award was nullified, under Section 34 of the Arbitration and Conciliation Act, 1996 (Act).
Cause Title- M/S Hindustan Construction Company Limited v M/S National Highways Authority Of India
Date of Judgment- August 24, 2023
Coram- Justice S. Ravindra Bhat and Justice Aravind Kumar
17) Accused cannot refuse to join Test Identification Parade: Apex Court rejects argument that it violates Article 20(3) of Constitution
The Court in a case involving murder with the help of ice sticks upheld the conviction of a man. It said that the accused cannot refuse to join the Test Identification Parade (TIP) and rejected the argument that TIP violates the fundamental right of an accused under Article 20(3) of the Constitution.
The Court was dealing with a criminal appeal filed by the accused against the judgment of the Delhi High Court by which it dismissed the appeal and affirmed the order of conviction passed by the Trial Court holding the accused guilty for the offences punishable under Sections 302, 392, 394, and 397 read with Section 34 of the Indian Penal Code (IPC).
Cause Title- Mukesh Singh v. The State (NCT of Delhi)
Date of Judgment- August 24, 2023
Coram- Justice M.M. Sundresh and Justice J.B. Pardiwala
18) [Section 272 CrPC] Non-supply of translation of charge sheets not basis for failure of justice in criminal trials
The Court held that non ¬supply of translation of the charge sheet and other documents to the accused will not occasion a failure of justice. It was dealing with the appeals filed against the order of the High Court where it had ruled in favor of the first respondent, an accused requesting a Hindi translation of the charge sheet by the CBI, claiming inability to understand English.
In this case, The Central Bureau of Investigation (CBI) had filed charge sheets related to the VYAPAM Scam in Madhya Pradesh. The charge sheets were in English. The trial court rejected the request based on the respondent's education and English knowledge, the Sessions Court upheld this decision. However, the High Court intervened, stating that Hindi was the sole language of the state's criminal courts, allowing the translation.
Cause Title- Central Bureau of Investigation v. Narottam Dhakad & Anr.
Date of Judgment- August 25, 2023
Coram- Justice Abhay S. Oka and Justice Rakesh Bindal
19) Ultimate goal of imprisonment even in most serious crime is reformation: SC allows premature release of murder convict
The Court allowed the premature release of the murder convict, who was incarcerated for 24 years. The Appellant had applied for premature release twice to the Remission board, but both were rejected. The Probation Officer submitted a favorable report but the Superintendent of Police noted the adverse report submitted by the Presiding Judge.
The Court emphasized that even prisoners convicted of serious crimes can be reformed and reintegrated into society after being imprisoned. The Court asserted that the government should consider various factors when making decisions about early release, such as the prisoner's potential for future crimes, the purpose of continued imprisonment, the prisoner's socioeconomic status, health, family ties, and efforts to reintegrate.
Cause Title- Rajo @ Rajwa @ Rajendra Mandal v. The State of Bihar & Ors.
Date of Judgment- August 25, 2023
Coram- Justice S. Ravindra Bhat and Justice Prashant Kumar Mishra
20) “Purely a policy matter”: SC while dismissing appeal of teachers of homeopathic medical colleges in Kerala seeking increase in retirement age
The Court dismissed a civil appeal filed by a group of teachers of Homeopathic Medical Colleges, Kerala who sought for the increase in their retirement age from 55 years to 65 years on the ground that it was purely a policy matter.
In this case, the members of the teaching faculty in Homeopathic Medical Colleges were aggrieved by the judgment passed by the Kerala High Court whereby it rejected the prayer for enhancing the age of retirement by extending the benefit of a Government Order which increased the retirement age of Doctors in the Medical category under the Medical Education Service from 55 years to 60 years with retrospective effect from May 1, 2009.
Cause Title- Prakasan M.P. and Others v. State of Kerala and Another
Date of Judgment- August 25, 2023
Coram- Justice Hima Kohli and Justice Rajesh Bindal
