Consumer Protection — Deficiency of services — Whether a promotional trailer creates contractual obligations or unfair trade practices if content differs from the actual film — Held No.

Consumer Protection — Deficiency of services – Unfair Trade Practice — Judicial Precedents do not relate to transactions of service relating to art — Services involving art necessarily involve the freedom and discretion of the service provider in their presentation.

Civil Law -- Imposition of penalty -- The substituted penalty only mollifies the rigour of the law by reducing the penalty from four times the duty to value of the duty -- Therefore, the bar of Article 20(1) of imposing a penalty greater than the one in force at the time of the commission of the offence has no application.

Insolvency and Bankruptcy Code, 2016 -- Corporate Insolvency Resolution Process -- Section 236(1) of the Code, reference is “offences under this Code shall be tried by the Special Court established under Chapter XXVIII of the Companies Act, 2013.

Civil Law – Delay -- Delay reflects inactivity and inaction on the part of a litigant — A litigant who has forgotten the basic norms, namely, “procrastination is the greatest thief of time” and second, law does not permit one to sleep and rise like a phoenix. -- Delay does bring in hazard and causes injury to the lis.

Criminal Law -- The right of the Complainant to file a petition under Section 200 Cr.P.C. is not taken away even if the Magistrate concerned does not direct that such a Protest Petition be treated as a complaint.

Service Law – Termination -- Termination of the services of the appellant without holding disciplinary enquiry was totally unjustified and dehors the requirements of law and in gross violation of principles of natural justice.

Service Law – Appointment on an ad-hoc basis -- Appointment if any, made by the University under the subsequent advertisement on the posts held by the appellants were explicitly made subject to the outcome of these petitions and therefore, the appointees, if any, on the relevant posts cannot claim any equity.

Arbitration and Conciliation Act -- Curative jurisdiction -- The curative jurisdiction should not be used to open the floodgates and create a fourth or fifth stage of court intervention in an arbitral award, under this Court’s review jurisdiction or curative jurisdiction, respectively.

Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act – Default in repayment of loan by the Borrower -- It is a matter of serious concern that despite repeated pronouncement of this Court, the High Courts continue to ignore the availability of statutory remedies under the DRT Act and the SARFAESI Act and exercise jurisdiction under Article 226 for passing orders which have serious adverse impact on the right of banks and other financial institutions to recover their dues.

Civil Law -- Suit for partition -- The succession law guiding their inheritance applicable before Hindu Succession Act, 1956 that became operational was the modified form of Mitakshara law applicable to the Makkathayees.

Narcotics Drugs and Psychotropic Substances Act – Section 67 is at an antecedent stage to the investigation, which occurs after the empowered officer under Section 42 of the NDPS Act 1985 has the reason to believe upon information gathered in an enquiry made in that behalf that an offence under NDPS Act 1985 has been committed and is thus not even in the nature of a confessional statement.

Limitation Act – Section 5 -- Civil Suit for permanent injunction and cancellation of the sale deed -- It is apparent that the words ‘sufficient cause' in Section 5 of the Limitation Act can only be given a liberal construction, when no negligence, nor inaction, nor want of bona fide is imputable to the litigant.

Civil Law – Election Petition -- Order VII Rule 11 CPC seeking rejection of the Election Petition -- If the allegations contained in Election Petition do not set out grounds as contemplated in Section 100 and do not conform to the requirement of Section 81 and 83 of the Act, the Election Petition is liable to be rejected under Order VII, Rule 11 of CPC.

Transfer of Property Act – Section 5 -- In this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.

Partnership Act – Section 63 -- The law is well settled that legal heirs of a deceased partner do not become liable for any liability of the firm upon the death of the partner.

Maharashtra Scheduled Castes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules -- Reinstating Scheduled Caste certificate -- Scrutiny Committee had diligently validated Rana's caste certificate after thorough consideration of relevant documents. Emphasising adherence to principles of natural justice, the Bench concluded that the High Court's intervention in the Committee's findings was unwarranted.

Code of Civil Procedure – Order 20 Rule12(1) -- Condonation of delay -- The proof of a sufficient cause is a condition precedent for the exercise of the discretionary jurisdiction vested in the court by Section 5 -- Delay should not be excused as a matter of generosity. Rendering substantial justice is not to cause prejudice to the opposite party.

CPC, O.20, R. 12(1) – Limitation Act, S. 5 - A party can plead sufficient cause for a delay in appeal, but the cause must have arisen before the limitation of prescribed period.

Negotiable Instruments Act, 1881 -- Section 138 -- Criminal proceedings resulting from the cheque being returned unrealised due to the closure of the account would be unsustainable in law and, therefore, are to be quashed and set aside.

Criminal Law - The Supreme Court clarifies that the High Court should only overturn an acquittal if the trial court's findings are: Perverse (clearly wrong and illogical) and Impossible (based on illogical conclusions)

Civil Law -- Execution application barred by limitation -- It has to be excluded while computing period of limitation, which results in the execution application filed by the Plaintiff, being within the limitation period prescribed under Article 182 of the Limitation Act as well, which is 3 years.

Constitution of India -- Net Borrowing Ceiling -- If the State has essentially created financial hardship because of its own financial mismanagement, such hardship cannot be held to be an irreparable injury that would necessitate an interim relief against Union -- There is an arguable point that if we were to issue interim mandatory injunction in such like cases, it might set a bad precedent in law that would enable the States to flout fiscal policies and still successfully claim additional borrowings.

Service Law – Retirement benefits -- The remedy of the Petitioner does not lie before this Court, but before the authorities under the respective acts that is, the Payment of Gratuity Act, 1972 and the Employees Provident Fund and Miscellaneous Provisions Act, 1952. Therefore, even on this count, the Petitioner’s claim with respect to provident fund and gratuity cannot be considered.

Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act – Stay of selection and appointment of the Election Commissioners -- However good a Constitution may be, if those who are implementing it are not good, it will prove to be bad -- However bad a Constitution may be, if those implementing it are good, it will prove to be good.

Juvenile Justice (Care and Protection of Children) Act – Reformation of the child -- Completion of trial stand vitiated as having been undertaken in gross violation of the mandatory requirements of the JJ Act, we need not dwell into the merits of the matter or to reappreciate the evidence available on record for finding out whether the prosecution has been able to prove the guilt of the appellant by reliable circumstantial evidence.

Delhi Sales Tax Act – Section 4(1) -- Sales tax levied at different rates by the States on certain goods was ultimately substituted by the levy of additional duties of excise on such goods and the States were compensated by payment of a part of the net proceeds of the said additional levy on such goods.

Indian Trade Unions Act, 1926 -- Date of operation of standing orders -- Standing orders shall, unless an appeal is preferred under Section 6, come into operation on the expiry of thirty days from the date on which authenticated copies thereof are sent under sub-section (3) of Section 5, or where an appeal as aforesaid is preferred, on the expiry of seven days from the date on which copies of the order of the appellate authority are sent under sub-section (2) of Section 6.

Civil Law -- Admission in the undergraduate MBBS course against the State quota -- Cancellation of his admission was totally illegal and arbitrary -- That in a case where candidate/student has approached the court at the earliest and without any delay and that the question is with respect to the admission in medical course all the efforts shall be made by the court concerned to dispose of the proceedings by giving priority and at the earliest.

Civil Law -- Discharge from service which compounded the agony of the process, i.e., a wrongful diagnosis of AIDS and subsequent termination of services on the same ground -- Compensation on account of wrongful termination of services, leave encashment dues, non-reimbursement of medical expenses and the social stigma faced -- Such financial compensation might act as a balm to soothe the mind and steady the future.

Civil Law -- Candidature for LPG distributorship -- Hindustan Petroleum Corporation Limited -- If at all the added respondent had earlier been the victim of an arbitrary rejection of his candidature by HPCL, he ought to have challenged such action by instituting an appropriate proceeding. Not having so instituted, the present appeal is not an appropriate proceeding where this Court can look into his grievance and address it -- Same may be decided as per the applicable laws and guidelines by the competent authority of HPCL.

Criminal Law -- Criminal Procedure Code, 1973 -- Section 482 -- Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

Prevention of Corruption Act – Section 13(2) -- Money laundering -- Right to speedy trial and access to justice is a valuable right enshrined in the Constitution of India, and provisions of Section 436A of the Cr.P.C. would apply with full force to the cases of money laundering falling under Section 3 of the PMLA, subject to the Provisos and the Explanation contained therein.

Customs Act -- As per Sections 14(1) and 14(1-A), the value of any goods chargeable to ad valorem duty is deemed to be the price as referred to in that provision -- Section 14(1) is a deeming provision as it talks of “deemed value” of such goods -- Therefore, normally, the assessing officer is supposed to act on the basis of price which is actually paid and treat the same as assessable value/transaction value of the goods.

Criminal Law – Pre-arrest bail -- At any rate, when warrant of arrest or proclamation is issued, the applicant is not entitled to invoke the extraordinary power -- Certainly, this will not deprive the power of the Court to grant pre-arrest bail in extreme, exceptional cases in the interest of justice -- But then, person(s) continuously, defying orders and keep absconding is not entitled to such grant.

Civil Law – Service Matter -- Transfer -- Plea of malafide against transferring authority has not been agitated even before Supreme Court or the High Court -- Further, the impugned transfer order is also not alleged to be violative of any prescribed statutory provision.

Industrial Disputes Act – Backwages -- Case of wrongful denial of employment and regularization, for no fault of the workmen and therefore, there will be no order restricting their wages -- Workmen will be entitled to backwages as observed by the Industrial Tribunal.

Criminal Law -- Breach of contract -- A mere breach of contract, by one of the parties, would not attract prosecution for criminal offence in every case, dealing with the distinction between the offence of cheating and a mere breach of contractual obligations -- Every breach of contract would not give rise to the offence of cheating, and it is required to be shown that the accused had fraudulent or dishonest intention at the time of making the promise.

Protection of Children from Sexual Offences (POCSO) Act -- Rigorous imprisonment -- Reputation is earned by a teacher upon rendering service over the years and an accusation like the present would remain as an indelible mark marring his entire future life -- Care has, therefore, to be taken so that his right to live a life of dignity and personal liberty are not put to jeopardy on the basis of half-baked evidence.

Constitution of India – Article 226 -- Primary school falling on the proposed alignment of the National Highway and accordingly, the same was demolished by the National Highways Authority of India (for short ‘NHAI’) for the purposes of construction of the highway -- School in question has already been constructed and is operational on the disputed plot of land which was a government land.

Constitution of India -- Freedom of Speech -- The time has come to enlighten and educate our police machinery on the concept of freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution and the extent of reasonable restraint on their free speech and expression.

Criminal Law -- The rule of beneficial construction requires that even ex post facto law of such a type should be applied to mitigate the rigour of the law -- The principle is based both on sound reason and common sense.

Wild Life (Protection) Act – Existence of the forest is necessary for the protection of tigers -- In turn, if the tiger is protected, the eco-system which revolves around him is also protected – Supreme Court came down heavily on the Uttarakhand government, issuing directives for the conservation of tigers, which includes the ban on safari tours in core areas of the national park.

Criminal Law -- Presumptions and other considerations applicable to a layperson facing criminal charges may not carry the same weight while dealing with a police officer who is alleged to have abused his office.

Motor Accident – Compensation -- Assessment of compensation cannot be done with mathematical precision. The Motor Vehicles Act, 1988 also provides for assessment of just and fair compensation.

Civil Law -- Product of livestock -- Notified market areas -- As per section 4(2) of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, the Market Committee has the duty to enforce the provisions of the Act within a notified area. Section 4(3), which empowers Market Committees to establish markets within the notified area, also directs that these Market Committees have to provide facilities in the markets for the purchase and sale of notified products.

Juvenile Justice (Care and Protection of Children) Act – Section 94(2) of the JJ Act provides for the mode of determination of age -- In the order of priorities, the date of birth certificate from the school stands at the highest pedestal whereas ossification test has been kept at the last rung to be considered.

Telangana State and Subordinate Service Rules – Recruitment -- Whether a candidate is fit for a particular post or not has to be decided by the duly constituted Selection Committee which has the expertise on the subject. The court has no such expertise. The decision of the Selection Committee can be interfered with only on limited grounds, such as illegality or patent material irregularity in the constitution of the Committee or its procedure vitiating the selection, or proved mala fides affecting the selection etc.

Civil Law -- Code of Civil Procedure – Order 8 Rule 5 – Rule 5 says that any allegation of fact must either be denied specifically or by a necessary implication or there should be at least a statement that the fact is not admitted. If the plea is not taken in that manner, then the allegation shall be taken to be admitted.

Indian Contract Act – Any decree which is relatable to the extent of the property of the deceased which has come to the hands of the legal representatives and has not been duly disposed of, the same would be liable for execution by a decree holder so as to compel the legal representatives to satisfy the decree.

Civil Law -- Compromise decree -- The limitation for challenging any decree is three years (Reference can be made to Article 59 in Part-IV of the Schedule attached to the Limitation Act, 1963). A fresh suit to challenge the same may not be maintainable.

Income Tax Act, 1961 -- Section 194-H -- Franchise/distributorship agreement -- Assessees would not be under a legal obligation to deduct tax at source on the income/profit component in the payments received by the distributors/franchisees from the third parties/customers, or while selling/transferring the pre-paid coupons or starter-kits to the distributors.

Civil Law -- Supreme Court Rules – Curative petitions under Order XV Rule 5 of Supreme Court Rules, 2013 -- Course was not followed when the order was passed declining registration of the curative petition -- This order, is contrary to the provisions of the Rules.

Delhi Rent Control Act, 1995 -- Lease deed -- In the event the tenant violates any of the terms, it shall be open to the landlord to initiate proceedings for obtaining possession in terms of the order of ejectment and also initiate proceedings for contempt, if so advised.

UP Municipal Corporation Adhiniyam, 1959 -- Vesting of property termed as enemy property -- That the Custodian for Enemy Property in India, in whom the enemy properties vest including the subject property, does not acquire ownership of the said properties -- The enemy properties vest in the Custodian as a trustee only for the management and administration of such properties.

National Food Security Act – Scheme on setting up of community kitchens to combat hunger and malnutrition – Supreme court said We have not examined whether the concept of community kitchens is better or wiser alternative available to states to achieve the objective of NFSA. Rather, we would leave it open to states and union territories to ensure implementation of alternative welfare schemes.

Criminal Law – Conviction – Benefit of doubt -- Any lingering doubt about the involvement of an accused in the crime he is accused of committing, must weigh on the mind of the court and in such a situation, the benefit of doubt must be given to the accused -- This is more so when the co-accused is acquitted by the trial court on the same set of evidence.

Limitation Act -- Section 5 of the Limitation Act cannot be pressed into service in aid of a belated application made under Section 8 of the Act seeking condonation of delay -- The right of preemption conferred under Section 8 is a statutory right besides being weak; it has to be exercised strictly in terms of the said section and consideration of equity has no place.

Service Matter -- Appointment to the post of primary school teacher -- In public law proceedings, when it is realised that the prayer in the writ petition is unattainable due to passage of time, constitutional courts may not dismiss the writ proceedings on the ground of their perceived futility -- In the life of litigation, passage of time can stand both as an ally and adversary.

Criminal Law -- Criminal prosecution should not be allowed to continue where the object to lodge the FIR is not for criminal prosecution and for punishing the offender for the offence committed but for recovery of money under coercion and pressure and also for all the other reasons.

Criminal Law -- Section 437 would come into play when the accused is arrested or detained or when the summons or warrant is issued against the accused for causing him to be brought or to appear before the Court -- In absence of any order for issuance of summons or warrant under Section 204 or under any other provision of Cr.P.C., the summons could not have been issued or served upon the appellant nor he could have been arrested or taken into custody.

Service Law – Reinstatement -- The High Court, in exercise of its powers under Articles 226/227 of the Constitution of India, shall not venture into reappreciation of the evidence -- The essence of a judicial approach is objectivity, exclusion of extraneous materials or considerations and observance of rules of natural justice.

Negotiable Instruments Act – Section 138 -- Director who has resigned from such position and which fact stands recorded in the books as per the relevant rules and statutory provisions, can be held liable for certain negotiable instruments -- The veracity of Form-32 has neither been disputed by the Respondent nor has the act of resignation simpliciter been questioned. As such, the basis on which liability is sought to be fastened upon the instant appellant(s) is rendered questionable.

Drugs and Cosmetics Act – Conviction under Section 18 (c) read with Section 27 (b)(ii) -- Imposing a sentence of imprisonment would be unjustified, particularly when the intent to sell/distribute under Section 18(c) of the Act has been held unproven.

Companies Act – Pledge agreements -- Defaults in the repayment of loan amount -- Judicial comity and judicial discipline demands that higher courts should follow the law. The extraordinary and inherent powers of the court do not confer any arbitrary jurisdiction on the court to act according to its whims and caprice.

Representation of the People Act, 1951 – Election petition -- Concise statement of material facts and full particulars of any corrupt practice -- When the statutory provision unequivocally stipulates as to what is required to be done to comply with the mandate thereof, it is not permissible in law to read something more into that provision.

Insolvency and Bankruptcy Code, 2016 -- Section 62 -- Reserving right to cancel the lease and resume the demised land, subject to certain conditions -- The Resolution Plan did not meet the requirements of Section 30 (2) of the IBC read with Regulations 37 and 38 of the CIRP Regulations, 2016.

Service Law -- Termination -- The discharge/dismissal of the appellants from service is vitiated for non-consideration of their specific case that they have actually not produced any relationship certificate for selection/recruitment as they never applied in the reserved category.

Madras General Sales Tax Act -- Procedure of investigation under sub-section (4) of Section 21 -- Without prejudice to the generality of the foregoing provisions -- Section 29A(2)(c), as it directly relates to furthering the purposes of the Act in ensuring that a genuine complaint of professional misconduct against the member is not wrongly thrown out at the very threshold, it can be easily concluded that the impugned Rule falls within the scope of the general delegation of power under Section 29A(1).

Maharashtra Temporary Extension of Period for Submitting Validity Certificate (for certain elections to Village Panchayats, Zilla Parishads and Panchayat Samitis) Act, 2023 -- Member of the Panchayat, entitling him to vote -- Appellant No.1 stood automatically disqualified as a Member since he failed to produce the Validity Certificate within 12 months from the date of his election. The protective umbrella of Section 3 of the Temporary Extension Act, 2023 will not be available to Appellant No.1 since he is hit by Section 3(2)(b), for the reason that there was no valid application pending on the date of the commencement of the said Act.

Civil Law – Sale deed -- Provisions of the Punjab Pre-emption 1913 Act, if read Scheme of the Act, it is abundantly clear that the land and the immovable property are two different terms -- The immovable property is more than the land on which certain construction has been made.

Criminal Law -- Alternate punishment -- Where an act or omission constitutes an offence punishable under sections 166A, 354A, 354B, 354C, 354D, 370, 370A, 375, 376, [376A, 376AB, 376B, 376C, 376D, 376DA, 376DB], [376E, section 509 of the Indian Penal Code or section 67B of the Information Technology Act, 2000 (21 of 2000)], then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offence shall be liable to punishment only under this Act or under the Indian Penal Code as provides for punishment which is greater in degree.

SARFAESI Act – Earnest Money -- Whether, the forfeiture of the entire earnest-money deposit amounts to Unjust Enrichment -- The e-auction notice inviting bids along with the correspondence between the appellant bank and the respondent are unambiguous and clearly spelt out the consequences of not paying the balance amount within the specified period.

Environment (Protection) Act, 1986 -- Institutionalisation and reconstitution of the Central Empowered Committee -- The role of the constitutional courts is to ensure that such environmental bodies function vibrantly, and are assisted by robust infrastructure and human resources -- The constitutional courts will monitor the functioning of these institutions so that the environment and ecology is not only protected but also enriched.

Civil Law -- Contempt of Courts Act, 1971 -- Scope and extent of the contempt jurisdiction -- The Trust would be at liberty to take all such measures as are permissible in law in that regard, be it before the High Court or the executing Court.

Criminal Law – Settlement -- It will always be open for the second respondent to file appropriate proceedings against the appellant for enforcing her as well as the child’s rights in accordance with law.

Negotiable Instruments Act, 1881 -- Section 138 -- Section 118 sub-clause (e) of the NI Act provides a clear presumption regarding indorsements made on the negotiable instrument being in order in which they appear thereupon -- Thus, the presumption of the indorsements on the cheque being genuine operates in favour of the holder in due course of the cheque in question which would be the complainant herein.

Service Law – Promotion -- Eligibility criteria under the Statutory rules -- Under Secretary/Administrative Officer Recruitment to this Grade shall be made by promotion, on the basis of merit from amongst Section Officers (General) and Sr. Personal Asstts.(now re-designated as Private Secretaries) who have rendered not less than 8 years of approved service in the grade of Rs. 6500-200-10,500 and on the recommendations of the Departmental Promotional Committee which shall interview the eligible candidates.

Criminal Law – Conviction -- The benefit of the doubt must be extended to the appellant -- It can also be said that once the evidence of recovery is disbelieved, it was a case of no evidence as the eyewitnesses did not support the prosecution.

Hindu Marriage Act – Decree of Divorce -- Power under Article 142(1) of the Constitution of India, has the discretion to dissolve the marriage on the ground of its irretrievable breakdown -- This discretionary power is to be exercised to do ‘complete justice’ to the parties, wherein this Court is satisfied that the facts established show that the marriage has completely failed and there is no possibility that the parties will cohabit together, and continuation of the formal legal relationship is unjustified.

Income Tax Act, 1961 -- Reassessment under Section 147 -- Ascertaining the defects and intimating the same to the assessee for rectification are within the realm of discretion of the assessing officer -- It is for him to exercise discretion. The burden is on the assessing officer -- If he does not exercise the discretion, the return of income cannot be construed as a defective return.

Criminal Law -- Forged documents -- Rights and interests of the minor child -- The right to travel abroad is a fundamental right of an individual, albeit not absolute, and subject to established legal procedures.

Criminal Law -- Criminal breach of Trust and criminal conspiracy -- Mere breach of contract does not amount an offence u/Section 402 or Section 406, IPC, unless fraudulent or dishonest intention is shown right at the beginning of the Transaction.

Criminal Law -- Contempt of court -- It should be the duty of the Investigating Officer/any officer assisting the State Counsel in court to apprise him of the order(s), if any, passed by the court with reference to different bail applications or other proceedings in the same crime case -- And the counsel appearing for the parties have to conduct themselves truly like officers of the Court.

Civil Law -- Hindu Succession Act – Partition and separate possession -- The provisions of the HSA, 1956 have to be harmonised with the mandate in Section 16(3) of the HMA, 1955 which indicates that a child who is conferred with legitimacy under sub-sections (1) and (2) will not be entitled to rights in or to the property of any person other than the parents.