Search Judgments

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) – Section 24(2) – Several writ petitions were filed concerning land acquisition proceedings initiated under the Land Acquisition Act, 1894. Petitioners argued that the acquisition had lapsed under Section 24(2) of the 2013 Act, because possession was not taken, nor was compensation paid. The respondents, however, contended that possession was taken and compensation was deposited in court due to the landowners’ refusal to accept it.

The court found that the records lacked evidence of lawful possession, citing the absence of a Panchnama or memorandum and discrepancies in the provided possession certificates.

Indian Penal Code (IPC) – Sections 363, 311, 370(5) and Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015) Section 56(3) and 68 – The judgment addresses a series of appeals against orders passed by the Allahabad High Court, which had granted bail to 13 accused persons involved in an inter-state child trafficking racket. These cases originated from multiple FIRs registered under various sections of the IPC, including kidnapping, child selling and buying minors for illegal purposes. The victims, primarily from impoverished backgrounds, were trafficked across Uttar Pradesh, Jharkhand, and Rajasthan.

The Supreme Court’s analysis highlighted the seriousness of child trafficking, its various forms of exploitation, and the alarming rise in such cases.

Criminal Procedure Code, 1973 (Cr.P.C.) – Section 482 – Transfer of Investigation to CBI – Scope and Limitations: High Courts should exercise extraordinary caution and only direct CBI investigation in exceptional cases, not routinely or based on vague, unsubstantiated allegations against local police. Mere allegations of involvement of “high-ranking officials” or familiarity of local police with the accused are insufficient grounds. The material must prima facie disclose something requiring CBI intervention.

Central Bureau of Investigation (CBI) – Mandate and Proper Utilization: Directing CBI investigation in every case with allegations against local police would overburden the agency and dilute its effectiveness.

Insolvency and Bankruptcy Code, 2016 (IBC) – Sections 7, 25, 29A, 30, 31, 61, 66 and 238; Reserve Bank of India Act, 1934 (RBI Act) – Section 45-IE; National Housing Bank Act, 1987 (NHB Act) – Section 36A – The Supreme Court addressed a batch of appeals stemming from the corporate insolvency resolution process (CIRP) of Dewan Housing Finance Corporation Limited (DHFL). The appeals primarily concerned the treatment of recoveries from avoidance applications, the rights of fixed deposit holders (FDHs), and the role of ex-promoters in the CIRP.

The court emphasized the paramount importance of the Committee of Creditors’ (CoC) commercial wisdom in approving resolution plans (RPs) and limited judicial intervention by the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT). It clarified that the NCLAT’s scope of review under Section 61 of the IBC is restricted to specific grounds, and it cannot interfere with the CoC’s commercial decisions unless the RP contravenes existing laws.

Bharatiya Nyaya Sanhita, 2023 (BNS) – Sections 196, 197, 299, 302, 57; Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 173; Constitution of India – Articles 19(1)(a), 19(2), 21, 51-A(a) – This appeal challenged a High Court order refusing to quash an FIR against a Member of Parliament for posting a poem on social media, alleging offences under BNS Sections 196, 197, 299, 302, and 57. The Supreme Court meticulously examined the poem’s text, interpreting it as a call for non-violent resistance against injustice, promoting love and sacrifice, rather than inciting enmity or disharmony between communities.

The Court emphasized the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution, asserting that the police and judiciary have a duty under Article 51-A(a) to uphold constitutional ideals. It found the alleged BNS sections inapplicable, noting the absence of mens rea and the fact that the poem did not target any religion, race, or community.

The Criminal Procedure Code (CrPC) Section 154, Section 174; The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST (PoA) Act, 1989) Section 18-A – This judgment addresses an appeal against a High Court order that refused to direct the police to register a First Information Report (F.I.R.) regarding the suicides of two students at the Indian Institute of Technology (IIT), Delhi. The parents of the deceased students alleged caste-based discrimination as a contributing factor to their deaths.

The Supreme Court examined the scope of Section 174 of the Criminal Procedure Code (CrPC), which pertains to police inquiries and reports on suicides, and Section 154 of the CrPC, which deals with information in cognizable cases and the mandatory registration of an F.I.R. The court emphasized that an inquiry under Section 174 is limited to ascertaining the apparent cause of death and does not obviate the requirement of registering an F.I.R.

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) – Section 20(b)(ii)(c) and 52A – This appeal challenges a High Court judgment affirming the conviction of the appellant under Section 20(b)(ii)(c) of the NDPS Act, sentencing him to 15 years of rigorous imprisonment and a fine of Rs. 1 lakh. The primary contention raised is the non-compliance with Section 52A of the NDPS Act.

The court examines the legislative history and scope of Section 52A, emphasizing its purpose for safe and early disposal of seized narcotics.

Motor Vehicles Act, 1988 – Section 166 – Compensation for Permanent Disability – Assessment Principles: In cases of motor accident victims suffering permanent disability, compensation should cover both pecuniary and non-pecuniary damages. Pecuniary damages include medical expenses, loss of income (past and future), attendant charges, and transportation. Non-pecuniary damages cover pain and suffering, loss of amenities, loss of marriage prospects, and mental stress.

Motor Vehicles Act, 1988 – Section 166 – Future Prospects and Functional Disability: For victims with permanent disability and total loss of earning capacity, compensation for future prospects should be added based on the Pranay Sethi guidelines.

Specific Performance of Sale Agreement

Code of Civil Procedure, 1908 (Section 96, Order 41 Rule 1); Specific Relief Act, 1963 (Section 16(c)); Indian Evidence Act, 1872 (Sections 91, 92) – The Plaintiff (Respondent) initiated a suit for specific performance of a registered Sale Agreement dated September 6, 2013, concerning property measuring 0.85.0 hectares. The agreement involved a total consideration of Rs. 20,00,000/-, with an advance payment of Rs. 15,00,000/- and the balance of Rs.