Search Judgments

The Constitution of India Article 22(1); The Code of Criminal Procedure 1973 (CrPC) Section 50 (BNSS 2023 Section 47 and 48) – This judgment addresses the critical issue of informing an arrested person of the grounds for their arrest, as guaranteed under Article 22(1) of the Constitution of India and Section 50 of the Code of Criminal Procedure, 1973 (CrPC), now Section 47 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The appeals arose from cases where appellants claimed their arrests were illegal because they were not provided with the grounds for their arrest in writing.

The court emphasizes that informing an arrested person of the grounds for their arrest is a fundamental right stemming from Article 21 (protection of life and personal liberty) and Article 22(1) of the Constitution, and is further reinforced by Section 47 of BNSS 2023. This right is not merely a procedural formality but a crucial safeguard to enable the arrestee to defend themselves, seek legal counsel, and challenge their arrest and remand.

Code of Civil Procedure, 1908 (CPC) – Section 47, Arbitration and Conciliation Act, 1996 Section 34 – This appeal concerns the dismissal of objections filed by MMTC Limited under Section 47 of the CPC against the enforcement of an arbitral award in favor of Anglo American Metallurgical Coal Pvt. Limited. The dispute arose from a Long Term Agreement (LTA) for the supply of coal, where Anglo claimed damages due to MMTC’s failure to lift the contracted quantity. An arbitral award was initially set aside by the Delhi High Court, but the Supreme Court restored the award.

Arbitration and Conciliation Act, 1996 – Section 9 – The applicant filed O.A. No. 997 of 2025 and O.A. No.

Transfer of Property Act, 1882 – Section 62; Limitation Act, 1963 – Article 61; Evidence Act, 1872 – Section 65 & 68 – This case revolves around a suit for partition filed by the plaintiffs, claiming a share in property originally belonging to their ancestor, Subbia Gounder. The defendants, legal heirs of Kandasamy, contested the claim, asserting that Subbia Gounder had mortgaged the property in 1927 to Peria Gounder, their predecessor, and failed to redeem it, thus losing his right. The plaintiffs argued the mortgage was redeemed, but failed to provide evidence. They later argued their right to redeem still existed.

(Challenge to Preliminary Order of Labour Court)

Industrial Disputes Act, 1947 – Section 11A - Constitution of India – Article 226 - The petitioner challenged a preliminary order of the Labour Court in I.D.No. 74 of 2022, which upheld the fairness of a domestic enquiry against him. Dismissed from service by the respondent-Management, the petitioner had previously secured a High Court order (WP.No. 1133 of 2024) allowing him to produce and mark certain additional documents (Exs.

Tamil Nadu Private Schools Regulation Act/Rules – This order addresses two writ petitions concerning the appointment of Vocational Instructors in schools in Tamil Nadu. W.P(MD)No.487 of 2020 involves a non-minority institution seeking permission to fill two vacant positions, while W.P.(MD)No.26277 of 2019 concerns a minority institution challenging the rejection of approval for the appointment of M.Anis Pratheepa.

The core issue revolves around G.O(Ms)No.9, School Education (VE)Department, dated 6.1.2009, which the respondents interpret as a ban on new appointments of Vocational Instructors. They argue that previous approvals were person-centric and that the posts have been abolished.

The Code of Civil Procedure (CPC) Order 41 Rule 3A and Rule 5 – Civil Revision Petition – This case involves a challenge to an order passed by the Executing Court in E.P. No.28 of 2021, directing the execution of a sale deed in favor of the respondent (decree holder) based on a decree for specific performance. The petitioners (judgment debtors) filed a revision petition against this order.

The petitioners’ argument centers on the fact that they have filed petitions to restore a previously dismissed appeal (A.S.

Tamil Nadu Co-operative Societies Act, 1983 – Section 23(1)(e) – This case involves a writ appeal challenging the order of a writ court that disqualified the appellant from being a member of a Co-operative Credit Society. The appellant, a member of Aralvaimozhi Primary Agriculture Co-operative Credit Society, was elected President of Kanyakumari District Co-operative Union. A complaint was filed alleging that the appellant was running a private finance company, ‘M/s. Balaji Finance,’ violating the Co-operative Societies Act, since the society also provided loan against pledging of jewels.

Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) – Section 528 ; Indian Penal Code (IPC) – Sections 376 and 376 (2)(n) – This case involves an appeal against a judgment by the High Court of Madhya Pradesh, which refused to quash an FIR and chargesheet against the appellant under Sections 376 and 376 (2)(n) of the IPC. The complainant, a Computer Operator, alleged rape by the appellant, her colleague, under the false pretext of marriage. The appellant had previously filed complaints against the complainant, leading to a show-cause notice from her employer.

The Supreme Court examined the case, noting that the FIR was filed after the show-cause notice and four months after the alleged incident.

Arbitration and Conciliation Act, 1996 – Section 11(4) & (6) – This case concerns a petition filed under Section 11(4) & (6) of the Arbitration and Conciliation Act, 1996, seeking the appointment of a sole arbitrator to resolve disputes between the petitioner (a partner in a firm) and the respondents (other partners) arising from a reconstituted partnership deed.

The petitioner had previously filed a similar petition (O.P.No.55 of 2019) which was dismissed for default, and not restored. The respondents argued that the present petition is not maintainable due to res judicata and limitation, as the dispute originated in 2016 and the new petition was filed in 2024, outside the limitation period. They contended that the petitioner had abandoned his claim by not restoring the previous petition.