Search Judgments

Wild Life (Protection) Act, 1972 – Section 2(36), 39, 44 and 49J – The petitioner, an importer, challenged an order rejecting their request for a No Objection Certificate (NOC) to clear imported conch shells Pleuroploca Trapezium (PT) from Sri Lanka under the Indo-Sri Lanka Free Trade Agreement (ISFTA). The Wildlife Crime Control Bureau (WCCB) classified PT under Schedule II of the Wild Life (Protection) Act, 1972, leading to the initial rejection.

The petitioner argued that Section 39 of the Act applies only to actions within India and that PT falls under the “Free Import Category” according to the Foreign Trade Policy. They further contended that Section 49J necessitates permission only for articles listed in Schedule IV of the Act, not Schedule II.

The Tamil Nadu Value Added Tax Act, 2006 (TN VAT Act) Section 19(11) – The case originated from a suit filed by the plaintiff seeking payment for refrigeration items supplied to the defendant, a public limited company, on credit. The plaintiff claimed that despite part payments, a sum of Rs.3,21,650/- remained outstanding, along with a 24% per annum interest. The defendant contested the claim, stating that payments were made according to the agreed terms, subject to statutory deductions under the Tamil Nadu Value Added Tax Act, 2006 (TN VAT Act).

The defendant argued that certain invoices were submitted late, preventing them from claiming input tax credit within the stipulated timeframe as per Section 19(11) of the TN VAT Act.

Cinematograph Act, 1952 – Section 5B – This Civil Miscellaneous Appeal was filed by the appellant, Sun TV Network, to challenge the respondent’s (Central Board of Film Certification) order dated 04.08.2025, which granted an “A” (Adults only) certificate with excisions/modifications for their movie “Coolie.” The appellant sought a “U/A” (Unrestricted Public Exhibition subject to parental guidance for children below age 12) certificate instead.

The appellant argued that the “A” certificate was arbitrary, discriminatory, and violated Article 19(2) of the Constitution, citing that movies with more explicit violence had received “U/A” ratings. They further stated that the violence and other content in “Coolie” were justified by the storyline, which aims to portray the life of coolies.

The respondent justified the “A” rating by stating that the film contained frequent and extensive violence, strong threatening moments, sustained portrayal of smoking and drinking, and occasional bad language.

Motor Vehicle Act, 1988 – Section 166 – The Civil Revision Petitions challenge the order of the Special District Judge, MCOP Tribunal, Salem, which dismissed applications filed under Section 166 of the Motor Vehicle Act, seeking compensation for injuries sustained by the petitioners.

The petitioners claimed that they suffered injuries while traveling in a bus when unknown assailants threw a petrol bomb into the bus. The trial court rejected their claim before numbering the applications, stating that the injuries were not due to rash or negligent driving.

The High Court observed that the trial court erred in rejecting the claim on merits before numbering the applications.

Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 – Section 2(b) and 2(f) – This writ petition challenges an order issued by the respondent, requiring the petitioner bank to enroll its jewel appraisers under the Employees’ Provident Fund Scheme, 1952, considering them as employees under Section 2(f) of the Act.

The petitioner argued that the jewel appraisers are not employees as defined by the Act, as they are only engaged to assess the purity and quality of gold offered for loans and are paid commissions without fixed wages or service rules. They relied on precedents establishing that jewel appraisers are not considered “workmen” under the Industrial Disputes Act, 1947. The respondent argued that the jewel appraisers receive service charges collected by the bank, making them employees under Section 2(f).

Motor Vehicles Act, 1988 Section 166 and 168 – Compensation for Motor Accident – This case concerns an appeal regarding compensation awarded to the appellant, a skilled mason, who sustained injuries in a motor vehicle accident in 2002. The appellant claimed 100% functional disability due to the injuries. The Motor Accident Claims Tribunal initially awarded Rs. 1,62,000, which was later enhanced by the High Court.

Right of Children to Free and Compulsory Education Act, 2009 Section 7, 12(2) R/w Rule 9 and Section 15 – This Public Interest Litigation (PIL) addresses the delayed admission process under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) and the non-reimbursement of expenses to private schools.

The petitioner highlighted that the admission process for the academic year 2024-25 had not commenced in time. The court widened the scope to include the reimbursement issue faced by private schools due to delays from the Education Department. The State Government cited non-receipt of funds from the Union Government as a reason for the delays, while the Union Government linked fund disbursement to the implementation of the National Education Policy (NEP) 2020.

Societies Registration Act, 1975 – Cancellation of Society Registration – Natural Justice – Reliance on FIR

• Societies Registration Act, 1975 – Sections 36 & 38: The cancellation of a society’s registration under the Societies Registration Act, whether for unlawful activity (Section 38) or other grounds, mandates a proper inquiry as contemplated by Section 36 of the Act, ensuring principles of natural justice are adhered to.
• Principles of Natural Justice – Show Cause Notice & Opportunity to be Heard: Before cancelling a society’s registration, all allegations forming the basis of the cancellation, including financial irregularities, must be explicitly put to the society in a show cause notice, and a full opportunity to explain and present their version, including adducing documents, must be afforded.
• Evidentiary Value of FIR: A First Information Report (FIR) by itself is not conclusive proof of an allegation for the purpose of cancelling a society’s registration. Allegations in an FIR require further investigation and evidence for a definitive conclusion on misconduct.

Final Decision:    The impugned order dated 10.02.2025 cancelling the petitioner-Society’s registration is quashed. The matter is remitted back to the 2nd respondent (Registrar of Societies) to issue an additional show cause notice regarding financial irregularities, conduct a comprehensive inquiry on all allegations, consider the petitioner’s explanation and evidence, and pass fresh final orders in accordance with law, ensuring due process and natural justice.

Negotiable Instruments Act, 1881 – Section 138 – Dishonour of cheques issued as security deposit refund for a lease agreement. The refund was contingent on the tenant vacating the property. The tenant’s continued occupation without rent negates the “legally enforceable debt” for the full security amount, impacting liability under Section 138 of the NI Act.

Final Decision:    The appeals are partly allowed.

Representation of the People Act, 1951 – Section 29A; Election Symbols (Reservation and Allotment) Order, 1968 – Para 15; Constitution of India – Article 226 – The case involves a registered political party, All India Anna Dravida Munnetra Kazhagam (AIADMK), and disputes regarding the validity of its General Council meeting held on 11.07.2022. Certain members and non-members made representations to the Election Commission of India (ECI) regarding the meeting’s validity and resolutions passed, leading to the ECI initiating proceedings.

The petitioner (AIADMK) sought a Writ of Prohibition restraining the ECI from adjudicating these proceedings and a Writ of Certiorarified Mandamus to quash the ECI’s letters dated 24.12.2024. The court had previously granted a stay on the ECI proceedings, which was then challenged, leading to the present petitions to vacate the stay.