A. Finance Act, 1994—Sections 65(105)(zzd), 66 and 67—Service tax—Turnkey contracts for supply, installation and commissioning of ATMs—Held: Indivisible turnkey contracts providing for a single composite consideration cannot be artificially split to levy service tax on the installation and commissioning component—During the period prior to 01.06.2007, the Finance Act, 1994 contained neither a charging provision nor a valuation mechanism permitting vivisection of composite contracts—Demand of service tax on a notional 33% of the contract value held unsustainable. (Paras 18 to 40) B. Finance Act, 1994—Sections 65(105)(zzd), 66 and 67—Composite contracts—Levy of service tax—Held: Installation and commissioning undertaken as an integral part of an indivisible turnkey contract do n...
A. Fundamental Rules—Rule 56(j)—Compulsory retirement—Scope of judicial review—Held: Compulsory retirement is intended to remove inefficient employees in public interest and is neither punitive nor stigmatic—The decision is based on the subjective satisfaction of the competent authority, but remains open to limited judicial review on grounds of mala fides, arbitrariness, perversity or absence of relevant material—Courts cannot reappreciate the merits as an appellate authority. (Paras 5 to 7) B. Fundamental Rules—Rule 56(j)—Assessment for compulsory retirement—Service record—Held: While considering compulsory retirement, the competent authority must evaluate the employee's entire service record, assigning greater weight to the performance in the years immediately preceding ...
A. Micro, Small and Medium Enterprises Development Act, 2006—Arbitration and Conciliation Act, 1996—Buyer's claim against MSME—Arbitration—Held: The Supreme Court did not decide the question whether a buyer of goods or services from an MSME can independently invoke arbitration under the Arbitration and Conciliation Act, 1996 for claims against the MSME—In view of the parties' consent, the disputes were directed to be resolved through arbitration under the 1996 Act by an arbitrator to be appointed through the Delhi International Arbitration Centre, with New Delhi fixed as the venue of arbitration—The legal issue was expressly kept open for determination in an appropriate case. (Paras 2 to 6) B. Arbitration and Conciliation Act, 1996—Appointment of Arbitrator—Consent of parties&mdas...
A. Arbitration and Conciliation Act, 1996—Section 11—Non-signatory to arbitration agreement—Veritable party doctrine—Held: A person who is not a signatory to the arbitration agreement may nevertheless be referred to arbitration where the surrounding circumstances, contractual framework and conduct demonstrate an intention to be bound by the underlying transaction—Participation in the performance of interlinked agreements forming part of a composite transaction is sufficient to treat such person as a veritable party. (Paras 17 to 21) B. Arbitration and Conciliation Act, 1996—Section 11—Composite commercial transaction—Share Purchase Agreement and Memorandum of Settlement—Held: Where the Share Purchase Agreement is executed in furtherance of a Memorandum of Settlement and performance ...
A. Central Excise Act, 1944—Section 2(f)—Manufacture—Imported photocopier modules in CKD/SKD condition—Held: Mere grouping, pinning, plugging, packing or "kitting" of imported modules according to customer specifications, without any physical assembly or transformation resulting in a commercially distinct product, does not amount to "manufacture" under Section 2(f)—Where the imported goods retain their original identity and no new marketable commodity emerges, excise duty is not leviable. (Paras 14 to 21) B. Central Excise Tariff Act, 1985—Section XVI, Note 6—Deeming fiction of manufacture—Held: Note 6 applies only where an incomplete or unfinished article having the essential character of the finished article is converted into a complete article—When imported go...
A. Motor Vehicles Act, 1988, S. 166—Determination of Compensation—Income of deceased assessed with 30% future prospects and applicable multiplier, following Pranay Sethi, (2017) 16 SCC 680—Compensation computed at Rs. 34,08,675/-. [Paras 3-6] B. Motor Vehicles Act, 1988 r/w Haryana Compassionate Assistance to the Dependants of Deceased Government Employees Rules, 2006—Deduction of Statutory Benefits—Amount received under Rules, 2006 held liable to be deducted from MV Act compensation, both being statutory, following Reliance General Insurance Co. Ltd. v. Shashi Sharma, (2016) 9 SCC 627. [Para 5] C. Equity—Recovery of Interim Payment—Interim sum of Rs. 18 lakhs already paid by insurer and spent on children's education/settlement—Held, no recovery to be made from claimants, nor furth...
A. Environment Law—Solid Waste Management Rules, 2026—Central Implementation Committee—Constitution and Mandate—Held, pursuant to earlier directions, Centre had constituted the Central Implementation Committee under Rule 18 of the SWM Rules, 2026 by Office Memorandum dated 9-3-2026—Committee to monitor implementation of the Rules, supervise the centralised online portal, recommend measures to the Ministry, and prepare guidelines for imposition and collection of environmental compensation—Constitutional courts and NGT have a continuing role in ensuring statutory bodies under environmental laws are actually constituted, staffed and functional, not left existing only on paper—Institutionalisation of environmental governance essential to secure discipline, expertise and impartiality in enforcement. [P...
A. Code of Criminal Procedure, 1973—Delay in filing jail appeal against conviction—Condonation of delay—Liberal and pro-active approach—Held, where a convict, especially one belonging to the marginalized and underprivileged sections of society, seeks condonation of delay in filing an appeal from an order of conviction and sentence through a jail memo of appeal, Constitutional Courts must adopt not merely a liberal but a pro-active approach in condoning such delay, however large, having regard to the fact that the right to liberty is the most valuable and fundamental of all rights—The fact that the appellant has already undergone a substantial period of incarceration, that the appeal is one filed through jail with the assistance of legal services, and that the conduct of the appellant during confinement has be...
A. Motor Vehicles Act, 1988—Section 146—Mandatory third-party insurance—Enforcement deficit—Public interest directions—Held, despite the statutory mandate under Section 146 of the Motor Vehicles Act, 1988 requiring every vehicle to be covered by a valid insurance policy for third-party risks, compliance on the ground remains grossly deficient, with a substantial majority of vehicles plying without valid insurance, resulting in victims of road accidents being denied timely compensation and being driven to prolonged litigation—In exercise of powers under Article 142 of the Constitution of India and in furtherance of public interest, directions may be issued for integration of technology-based enforcement mechanisms, including deployment of Automatic Number Plate Recognition cameras linked with the Insuran...
A. Probation of Offenders Act, 1958—Section 12—Removal of disqualification attaching to conviction—Scope—Held, Section 12 of the Probation of Offenders Act, 1958 does not obliterate the conviction of a person released on probation; it only removes disqualification, if any, attaching to such conviction under a general or special law, and does not extend to a constitutional provision such as the second proviso to clause (2) of Article 311 of the Constitution of India—Release on probation does not bar the employer from dismissing or removing a convict-employee holding a civil post on the ground of conduct leading to conviction, and such an employee cannot claim a right to continue in service merely because he was given the benefit of probation. (Paras 17 to 22) B. Specific Relief Act, 1963—Section 14&md...
A. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Sections 35 & 39—Court Fees Act, 1870—Court fee on appeal—Held: A memorandum of appeal against a composite decree for eviction, arrears of rent and mesne profits is required to be valued on the subject matter in dispute in appeal—Where the appellant challenges the entire decree, court fee is payable on the entire decretal liability, including accrued or ascertainable mesne profits—Court fee paid on the original application does not determine the court fee payable in appeal. (Paras 44 to 76) B. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Section 39—Court Fees Act, 1870—Statutory fiction—Scope—Held: Section 39(2) deems an application before the Rent Authority and an appeal before the Rent ...
A. Bhartiya Nagrik Suraksha Sanhita, 2023—Section 147 (Corresponding to Section 128 Cr.P.C.)—Enforcement of Maintenance Order—Limitation period for recovery warrant—Continuing Liability in nature—A maintenance order passed U/s 125 Cr.P.C. continues to remain operative until modified or set aside by a competent court, and the husband's obligation to pay monthly maintenance is a continuing statutory liability—Every monthly default in payment of maintenance gives rise to a recurring and continuing cause of action for enforcement of the subsisting maintenance order—The one-year limitation prescribed in the first proviso restricts only the issuance of a recovery warrant and does not extinguish the claimant's substantive right to recover maintenance arrears. (Para 16, 17, 18 21, 22) B. Bharti...
A. Negotiable Instruments Act, 1881—Section 138—Code of Criminal Procedure, 1973—Section 372 Proviso—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 413—Appeal against acquittal—Complainant as victim—Held: In prosecutions under Section 138 of the Negotiable Instruments Act, the complainant, being the payee or holder in due course of the dishonoured cheque, is also the "victim" of the offence and, therefore, possesses an independent statutory right to challenge an order of acquittal under the proviso to Section 372 of the Code of Criminal Procedure, 1973/Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before the Court immediately superior to the Trial Court, namely the Sessions Court. Consequently, appeals erroneously instituted before the High Court under Section 378 o...
A. Negotiable Instruments Act, 1881—Section 138—Code of Criminal Procedure, 1973—Section 372 Proviso—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 413—Appeal against acquittal—Complainant as victim—Held: In a prosecution under Section 138 of the Negotiable Instruments Act, the complainant, being the payee or holder of the dishonoured cheque, is also a "victim" of the offence and is entitled to prefer an appeal against an order of acquittal under the proviso to Section 372 of the Code of Criminal Procedure, 1973/Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before the Court immediately superior to the Trial Court, namely the Sessions Court. Such remedy is independent of the procedure under Section 378 of the Code, and pending appeals presented before the High Court ...
A. Negotiable Instruments Act, 1881—Sections 138, 118(a) and 139—Dishonour of cheque—Statutory presumptions—Rebuttal—Service of notice—Held: In a prosecution under Section 138, once the drawer admits or the complainant proves execution of the cheque and the signature thereon, the statutory presumptions under Sections 118(a) and 139 arise that the cheque was issued for valid consideration and in discharge of a legally enforceable debt or liability. The burden then shifts to the accused to rebut the presumptions by leading cogent and probable evidence. A mere denial of liability or an explanation offered in the statement under Section 313 of the Code of Criminal Procedure, without supporting evidence, does not rebut the statutory presumptions. Further, where the statutory demand notice is dispatched to th...
A. Criminal Procedure Code, 1973—Section 125—Maintenance claim—Revisionist claiming maintenance as legally wedded wife—Trial Court rejecting claim due to existence of prior marriage of opposite party and lack of evidence of solemnization of marriage—Held, revisionist cannot claim maintenance under Section 125 CrPC as legally wedded wife when marriage is not established and no live-in relationship is pleaded or proven—Presumption of valid marriage under Section 125 CrPC can arise only where parties have lived together as husband and wife for a considerable period or in a live-in relationship, and mere assertion of being legally wedded wife without evidence of marriage or live-in relationship is insufficient to sustain a maintenance claim. [Paras 7, 9, 12, 13] B. Criminal Procedure Code, 1973—Se...
Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — FIR registered under Sections 420 and 120B IPC — Parties entered into a settlement and implemented the terms of compromise — Respondent No.2 derived benefits from the compromise but failed to support the verification proceedings before the Magistrate — Held, once a compromise is acted upon and benefits derived thereunder, the complainant cannot back out from the settlement, and continuation of criminal proceedings in such circumstances amounts to harassment and abuse of the process of law — FIR and all consequential proceedings quashed. [Paras 9 to 12] ...
A. Indian Penal Code, 1860—Sections 120B, 420 and 406—Negotiable Instruments Act, 1881—Section 138—Criminal Procedure Code, 1973—Section 482—Quashing of cognizance—Held: Where the allegations against the petitioner merely disclosed that the disputed transaction took place at his residence and no material indicated his participation in the alleged conspiracy, cheating, criminal breach of trust or issuance of the dishonoured cheque, the essential ingredients of the alleged offences were absent. A cognizance order passed without assigning reasons or demonstrating due application of judicial mind cannot be sustained. In the absence of a prima facie case, continuation of the criminal proceedings would amount to abuse of the process of Court and the cognizance order together with all consequential proce...
A. Negotiable Instruments Act, 1881—Sections 138 and 147—Dishonour of cheque—Compounding after conviction—Held: The offence under Section 138 is compoundable at any stage of the proceedings, including after conviction by the Trial Court and affirmation thereof in appeal. Where the parties voluntarily settle the dispute and the accused agrees to pay the entire agreed compensation to the complainant, the High Court, in exercise of powers under Section 147, may compound the offence, set aside the judgments of conviction and sentence, and acquit the accused. While granting such relief, the Court may impose appropriate conditions, including payment of litigation expenses to the complainant and compounding costs in accordance with the principles governing delayed compounding. (Paras 5 to 10) B. Negotiable Instruments ...
A. Hindu Marriage Act, 1955—Section 13(1)(i-a)—Cruelty—Irretrievable breakdown of marriage—Held: Although irretrievable breakdown of marriage is not an independent statutory ground for divorce, where the spouses lived together only for a brief period, remained separated for nearly two decades, mediation failed and there was a complete absence of any intention to resume cohabitation, the marriage had become a mere shell. In such circumstances, irretrievable breakdown constituted mental cruelty within the meaning of Section 13(1)(i-a), entitling the husband to a decree of divorce. (Paras 35 to 52) B. Hindu Marriage Act, 1955—Section 13(1)(i-a)—Order XLI Rule 27, Code of Civil Procedure, 1908—Nullity, desertion and additional evidence—Held: Failure to prove non-consummation, desertion or cru...