A. Constitution of India, 1950—Article 14—Public contracts—Rejection of highest bid—Judicial review—Highest bidder does not acquire an indefeasible right to award of contract and tendering authority may reject even an above-reserve bid under the tender conditions—However, exercise of such discretion by a State instrumentality must be supported by relevant material and rational reasons having nexus with the subject matter and circumstances of the auction—Commercial discretion does not exclude scrutiny for arbitrariness—Court examines legality of decision-making process and not substitution of its own commercial judgment for that of the authority—Ramana Dayaram Shetty, Tata Cellular, Food Corporation of India and Golden Food Products relied on (Paras 75–81, 97–99)B. Madhya Pradesh Sand (Mining, Transportation, Storage ...
A. Constitution of India—Articles 14, 15(4) and 16(4)—Reservation—Conversion from Hinduism to Islam—Continuation of backward-class status—Person belonging to Backward Class, Most Backward Class or Denotified Community prior to conversion—Pre-conversion social backwardness, by itself, cannot be carried forward to confer backward-class status in the new religious social order—Backward-class reservation is attached to a constitutionally identified class and not to an individual as a transferable personal entitlement—Conversion to Islam does not automatically preserve the former reservation entitlement—State required to establish the relevant social backwardness and constitutional basis of the class (Paras 35–41, 54, 61(a), 61(e))B. Constitution of India—Articles 15(4) and 16(4)—Backward Classes—Muslim communities—...
A. Hindu Law—Family settlement dated 19.04.1959—Partition of ancestral properties—Subsequent compromise decree—Family settlement delineating separate shares of family members in ancestral properties—Subsequent compromise between parties, recorded by High Court under Order XXIII Rule 3 CPC, whereby Madhusudhan Reddy relinquished his claim in properties allotted to Manikyamma and acquired absolute rights over specified house property—Binding effect of compromise decree could not be ignored while adjudicating subsequent claims concerning the same properties (Paras 3, 6 to 9, 12)B. Transfer of Property Act, 1882—Gift deed—Validity—Donor gifting lands which had not fallen to his share under earlier family settlement—Lands in question allotted to Manikyamma under family settlement dated 19.04.1959, and donor had relinquished...
A. Insolvency and Bankruptcy Code, 2016—Sections 62(1), 62(2), 238 and 238-A—Limitation—Appeal to Supreme Court against order of NCLAT—Limitation period of 45 days extendable by further 15 days upon sufficient cause—Absolute outer limit of 60 days, beyond which delay cannot be condoned—Limitation commences from date of pronouncement of order and does not remain suspended until litigant chooses to obtain or collect certified copy—Appeal filed beyond statutory outer limit held barred by limitation (Paras 11 to 18)B. Limitation Act, 1963—Section 12(2) and Explanation—Insolvency and Bankruptcy Code, 2016—Section 238-A—Exclusion of time requisite for obtaining certified copy—Distinction between exclusion of time and condonation of delay—Only period between application for certified copy and its availability is excluda...
A. Constitution of India, 1950—Article 226—Writ jurisdiction—Verification of academic credentials—Student admitted to B.Tech. (Civil Engineering) course against allotted seat, having passed all eight semesters and obtained degree—University admitting that student’s name was recorded in its primary internal Green Sheet Register but omitted from admission disclosure list due to clerical error of previous administration—Such lapse attributable to University cannot be visited with adverse consequences upon student or constitute ground for withholding verification of academic credentials (Paras 14 to 16)B. University education—Academic records—Discrepancy in marks—Seventh and eighth semester marks in result gazette differing from Green Sheet Register and Detailed Marks Certificates—Both sets of records reflecting student ...
A. Prevention of Money Laundering Act, 2002—Sections 19(1), 19(2) and 45—Arrest of accused—Validity—Alleged non-compliance with statutory safeguards—Delay of five days in forwarding arrest order and material in possession to Adjudicating Authority—No specific timeline prescribed under Section 19(2)—Requirement to forward material “immediately” interpreted as requiring expeditious and simultaneous transmission, subject to time reasonably necessary for compilation and administrative requirements—Delay of five days, in the facts of the case, held insufficient by itself to vitiate arrest and remand (paras 10-11)B. Prevention of Money Laundering Act, 2002—Section 45—Bail—Twin conditions for grant of bail—Serious economic offence involving alleged proceeds of crime exceeding ₹6,210.72 crores—Stringent statutory c...
A. Code of Civil Procedure, 1908—Order XXI Rules 97, 99 and 101—Execution of decree for possession—Resistance by third-party objector claiming independent right, title and interest—Objection filed under Order XXI Rule 58, CPC, rejected as not maintainable since execution petition sought delivery of possession and not attachment—Such rejection impermissible merely on account of wrong provision invoked—Executing Court required to adjudicate obstruction under Order XXI Rule 97 read with Rule 101 and conduct a full-fledged inquiry into all questions relating to right, title or interest in the property, including claims of strangers to decree (Paras 10, 10.1)B. Code of Civil Procedure, 1908—Order XXI Rules 97 to 101—Third-party obstruction to execution—Scope of inquiry—Where a stranger claiming an independent right, title o...
A. Indian Penal Code, 1860—Sections 302 and 304 Part II—Murder—Conversion of conviction—Trial Court convicting accused under Section 302 IPC and sentencing him to life imprisonment with fine—High Court altering conviction to Section 304 Part II IPC—Supreme Court observing that High Court overlooked nature of injuries sustained by deceased, weapon of offence and genesis of occurrence—Notice issued to convict to show cause why High Court judgment should not be set aside and Trial Court’s conviction for murder restored (paras 3-7)B. Indian Penal Code, 1860—Sections 302 and 304 Part II—Appellate scrutiny of conviction—Trial Court finding accused guilty of murder—High Court partly allowing appeal by reducing conviction to culpable homicide not amounting to murder—Correctness of conversion requiring examination in ligh...
A. Code of Criminal Procedure, 1973—Section 439—Regular bail—Prolonged incarceration—Petitioner charged under Sections 120-B, 302, 323, 354-D, 201 and 34 IPC—Not named in FIR and implicated subsequently through supplementary statement—In custody for 3 years and 2 months—Only 13 out of 33 prosecution witnesses examined—Trial likely to take considerable time—Bail granted pending trial, subject to satisfaction of Trial Court (paras 2, 3, 6)B. Code of Criminal Procedure, 1973—Section 439—Regular bail—Criminal antecedents—State opposing bail on ground of previous criminal case under Section 307 IPC—Petitioner having already been acquitted in that case—Period of custody and likely delay in conclusion of trial considered relevant—Petitioner directed to be released on bail pending trial, subject to satisfaction of ...
A. Code of Criminal Procedure, 1973—Section 389—Suspension of sentence and grant of bail—Conviction under Sections 302, 364, 506(2), 201 read with Section 34 IPC—Petitioner sentenced to various terms of imprisonment, including rigorous imprisonment for life—Application for suspension of sentence and bail rejected by High Court—Criminal appeal pending since 2017 for more than nine years—Supreme Court directing expeditious hearing and disposal of appeal within six months from the date of mentioning before the Roster Bench (paras 2-5)B. Code of Criminal Procedure, 1973—Appellate proceedings—Expeditious disposal of criminal appeal—Petitioner convicted of serious offences and awaiting adjudication of appeal against conviction and sentence—Having regard to pendency of appeal since 2017, Supreme Court requesting Gujarat Hig...
A. Code of Civil Procedure, 1908—Section 11—Res judicata—Earlier suit for permanent injunction—Title Suit No. 24 of 1997—No relief of declaration of title claimed and no issues framed or adjudicated on title—Ex parte injunction decree passed against promoter—Vendor of present appellant impleaded as proforma defendant—Principle of res judicata not attracted merely because vendor was a party to earlier proceeding—First appellate court erred in relying upon said suit to bar subsequent litigation (Paras 323–327)B. Code of Civil Procedure, 1908—Section 11—Res judicata—Earlier suit for declaration of title and permanent injunction—Title Suit No. 17 of 2009—Present appellant and his vendor having sought declaration of title over the same property—Suit dismissed on contest and dismissal not challenged before higher...
A. Code of Civil Procedure, 1908—Section 47—Execution of decree—Executability—Subsequent events affecting rights of parties—Ex parte eviction decree—Judgment-debtor claiming that suit property was Khasmahal land belonging to State and that his occupation had been regularised by competent authorities, with possession certificate issued and his name recorded as raiyat in record of rights—Claim of settlement of property in favour of judgment-debtor requiring consideration under Section 47 CPC—Pending suit for declaration of decree-holder’s title over the same property also relevant—Executing court erred in refusing stay without considering the effect of these issues on executability of decree (Paras 18, 23, 25)B. Code of Civil Procedure, 1908—Section 47—Executing court—Scope of jurisdiction—Executing court cannot ...
A. Customs Act, 1962—Sections 108, 110, 111(m), 112, 114AA and 144—Food Safety and Standards Act, 2006—Sections 25(1)(iii) and 89—Imported food articles—Powers of Customs authorities—Harmonious construction of statutes—Customs Act and FSS Act operate in distinct, concurrent and non-conflicting legislative fields—Customs authorities retain independent statutory powers to examine and sample imported food consignments for tariff classification, valuation, detection of misdeclaration and investigation of fiscal fraud—FSS Act does not eclipse Customs Act merely because imported goods are food articles—Section 25(1)(iii) of FSS Act expressly recognises compliance with other applicable laws, including Customs Act. (Paras 19-23)B. Customs Act, 1962—Section 144 read with Section 2(34) and CBIC Notification No. 26/2022-Customs...
A. Bharatiya Nyaya Sanhita, 2023—Sections 316(2), 308(6), 351(3) and 111(1), (3)—Anticipatory bail—Economic offence—Criminal breach of trust—Partnership dispute—Retirement deed acknowledging liability of Rs. 14,90,46,478.72 towards retiring partners—Allegation that continuing partners utilised funds personally deposited by retiring partners towards compounding fees for their own unauthorised constructions—Prima facie, unilateral adjustment of entrusted funds for personal or corporate benefit constituted misappropriation and attracted criminal liability—Applicants’ contention that dispute was purely civil and contractual, therefore, not acceptable at anticipatory bail stage. (Paras 20-22, 36)B. Criminal Procedure Code, 1973—Section 438—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory bail—Civi...
A. Indian Penal Code, 1860—Section 302—Murder—Appreciation of evidence—Conviction based principally on testimony of informant, son of deceased, and other alleged eyewitnesses—Material contradictions regarding prior enmity, presence at scene of occurrence and circumstances of witnessing the assault—Informant’s mother not establishing her presence at the place of occurrence, while brother of informant admittedly reached after the informant—Evidence of another alleged eyewitness rendered doubtful by inconsistencies regarding his presence and conduct—Prosecution witnesses not found wholly reliable—Trial Court erred in relying upon inconsistent and insufficient evidence to sustain conviction—Benefit of reasonable doubt extended to accused (Paras 19-23)B. Indian Penal Code, 1860—Section 302—Murder—Circumstantial and ...
A. West Bengal Premises Tenancy Act, 1997—Sections 7(1) and 7(2)—Ejectment suit—Application for determination of arrears of rent—Limitation—Tenant entering appearance on 23-06-2009 and filing applications under Sections 7(1) and 7(2)—Applications held to have been filed within the statutory period—Landlords’ objection as to limitation of the initial applications rejected (Para 27)B. West Bengal Premises Tenancy Act, 1997—Section 7(2)—Default in payment of rent—Rent deposited in earlier ejectment proceedings—Tenant producing challans, information slips and official deposit register maintained by City Civil Court, Calcutta, establishing deposits for February 2003 and December 2005—Landlords failing to produce cogent documentary evidence to rebut the official entries—Bare denial insufficient to displace probative ...
A. Consumer Protection Act, 1986—Sections 24-A and 27—Limitation—Complaint alleging deficiency in service—Agreement for sale executed on 20-10-2003 and registered on 19-04-2012—Complainants alleging delivery of executed deed of conveyance on 21-06-2016, demand for handing over car parking space on 05-07-2016 and refusal to execute conveyance on 26-07-2016—Complaint filed on 19-08-2016—Cause of action being a bundle of facts, complaint held not barred by limitation under Section 24-A—Contention that complaint was time-barred and all consequential orders were nullities rejected—State Bank of India v. B.S. Agriculture Industries (I), (2009) 5 SCC 121, distinguished on facts (Paras 33-37)B. Limitation Act, 1963—Section 5—Condonation of delay—Sufficient cause—Appeal before State Consumer Disputes Redressal Commission ...
A. Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002—Sections 2(1)(f), 13(4), 14 and 35—Enforcement of security interest—Taking physical possession after auction sale—Secured creditor having taken only symbolic possession before auction sale, entitled to take actual possession even after sale in favour of auction purchaser to complete transfer of secured asset—Transfer of secured asset under Section 13(6) not denuding secured creditor of its right to obtain actual possession where such possession had not earlier been transferred—ITC Ltd. v. Blue Coast Hotels Ltd., (2018) 15 SCC 99, followed—R.D. Jain & Co. v. Capital First Ltd., (2023) 1 SCC 675, relied on (Paras 14, 24-25)B. Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests Act...