Search Judgments

NDPS Act – Separate Punishments and Concurrent Fines

 Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) Sections 20(b)(ii)(C), 25, 29; Indian Penal Code, 1860 (IPC) Sections 53, 71 – The appellant, Hem Raj, was convicted by the Special Judge, Chamba, under Sections 20(b)(ii)(C), 25, and 29 of the NDPS Act for possessing 4.100 kgs of charas in a car. He was sentenced to 12 years rigorous imprisonment (RI) and a fine of Rs. 1,20,000 for each offence, with sentences running concurrently. The High Court reduced the substantive imprisonment to 10 years RI but upheld the separate fines.

(Challenge to Re-valuation in Confirmed Auction Sale)

Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (now Recovery of Debts and Bankruptcy Act, 1993); Second Schedule to the Income Tax Act, 1961 (Rules 38, 52(2)) - The Indian Bank initiated recovery proceedings (O.A. No. 536 of 1998) against a debtor company and its guarantors, who had created an equitable mortgage. The Debts Recovery Tribunal (DRT) issued a Recovery Certificate in 2010, leading to the attachment and auction of the mortgaged properties in October 2010.

The Specific Relief Act, 1963 – The Supreme Court heard an appeal concerning a suit for specific performance of a sale agreement dated June 4, 2002. The plaintiff’s suit was initially decreed by the Trial Court but subsequently dismissed by the High Court.

The plaintiff asserted a valid sale agreement for Rs. 13 lakhs, having paid Rs.

Indian Penal Code, 1860 (IPC) – Sections 341, 323, 498A, 34; Dowry Prohibition Act, 1961 (Dowry Act) – Sections 3, 4; Code of Criminal Procedure, 1973 (CrPC) – Section 482; Hindu Marriage Act, 1955 (HMA) – Section 13 – This appeal challenged a High Court order that quashed criminal proceedings against the complainant’s sister-in-law but denied the same relief to the father-in-law and mother-in-law (appellants). The complainant had filed an FIR alleging cruelty and dowry demands under the IPC and Dowry Act, almost a year after her husband initiated divorce proceedings under the HMA.

The Supreme Court observed that the allegations against the appellants were general and omnibus, identical in substance to those against the sister-in-law. No specific overt acts, dates, or places were attributed to the appellants, and the sole distinct allegation of quarrelling did not constitute a criminal offence.

Arbitration and Conciliation Act, 1996 – Section 29A – This judgment addresses the question of whether a court can entertain an application under Section 29A(5) of the Arbitration and Conciliation Act, 1996, to extend an arbitrator’s mandate even after an award has been rendered, but after the statutory time limit of eighteen months.

The appellant filed an application under Section 11, leading to the appointment of a sole arbitrator. The arbitrator’s mandate was initially extended by mutual consent. However, the arbitrator passed the award after the mandate’s expiration.

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) – Section 175 & 173 –  Appeal against a High Court order regarding the interpretation of Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The appellant alleged sexual assault by police officers and sought an FIR registration. The Magistrate called for a report under Section 175(4) of BNSS. The Single Judge directed registration of FIR, the Division Bench reversed it and the matter reached the Supreme Court.

Rights of Persons with Disabilities Act, 2016 (RPwD Act) – Section 2(y) and Article 41, 14 & 21 of Constitution of India – The case concerns an appeal against the denial of employment to the appellant, who applied for the post of Management Trainee in Coal India Limited (CIL) under the Visually Handicapped (VH) category in 2019. Despite being selected for the interview, she was declared unfit during the Initial Medical Examination (IME) due to visual disability and residuary partial hemiparesis.

The Single Judge initially ruled in favor of the appellant, directing CIL to consider her candidature in the 2023 recruitment process from the IME stage. However, the Division Bench overturned this decision, citing the expiry of the panel.

Indian Succession Act, 1925 – Section 263; Civil Procedure Code, 1908 (CPC) – Order 8 Rule 5; Bharatiya Sakshya Adhiniyam, 2023 – Section 53; Hindu Adoption and Maintenance Act, 1956 – Section 12 – This appeal arises from the dismissal of an application (A.No. 885 of 2022) seeking the revocation of a probate granted in O.P.No. 638 of 2008. The probate concerned a Will executed by Meena Bai, who had allegedly adopted the second respondent, P.

Arbitration and Conciliation Act, 1996 – Section 34(2)(a)(iii) – This case involves a challenge to an arbitral award dated 02.02.2024 under Section 34(2)(a)(iii) of the Arbitration and Conciliation Act, 1996. The dispute arose from an Industrial All Risk (IAR) insurance policy obtained by the Claimant (a porcelain insulator manufacturer) from the Insurer, following significant flood damage to the Claimant’s factory.

The Claimant sought Rs. 12.57 crores, but the Insurer, based on a surveyor’s report, settled for a significantly lower amount of Rs.

Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 – Section 10(2)(i) – This case involves an appeal against a High Court order affirming an eviction order against the heirs of a lessee, based on wilful default in rent payment. The landlord, M/s. Krishna Mills Pvt. Ltd., sought eviction due to the lessee’s failure to pay the fair rent as determined by the Rent Controller.