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SCC 632 : 2008 (6) Supreme 714

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SCC 632 : 2008 (6) Supreme 714 1 2008 (14) SCC 632 : 2008 (6) Supreme 714 Before:- H.S.Bedi :J , Tarun Chatterjee :J South Konkan Distilleries & Anr. Versus Prabhakar Gajanan Naik & Ors. It is well settled that the court must be extremely liberal in granting the prayer for amendment, if the court is of the view that if such amendment is not allowed, a party, who has prayed for such an amendment, shall suffer irreparable loss and injury. It is also equally well settled that there is no absolute rule that in every case where a relief is barred because of limitation, amendment should not be allowed. It is always open to the court to allow an amendment if it is of the view that allowing of an amendment shall really sub-serve the ultimate cause of justice and avoid further litigation. In L.J. Leach & Co. Ltd. & Anr. v. M/s. Jardine Skinner & Co. [AIR 1957 SC 357], this Court at paragraph 16 of the said decision observed as follows:- "It is no doubt true that courts would, as a rule, decline to allow amendments, if a fresh suit on the amended claim would be barred by limitation on the date of the application. But that is a factor to be taken into account in exercise of the discretion as to whether amendment should be ordered, and does not affect the power of the court to order it, if that is required in the interest of justice." 2008 (17) SCC 157 Before:- C.K.Thakker :J , D.K.Jain :J Fakhruddin Ahmad Versus State of Uttaranchal & Anr. it is well settled that before a Magistrate can be said to have taken cognizance of an offence, it is imperative that he must have taken notice of the accusations and applied his mind to the allegations made in the complaint or in the police report or the information received 2 from a source other than a police report, as the case may be, and the material filed therewith. It needs little emphasis that it is only when the Magistrate applies his mind and is satisfied that the allegations, if proved, would constitute an offence and decides to initiate proceedings against the alleged offender, that it can be positively stated that he has taken cognizance of the offence. Cognizance is in regard to the offence and not the offender. 2008 (13) SCC 547 Before:- Arijit Pasayat :J , P.Sathasivam :J Jayant Achyut Sathe Versus Joseph Bain D Souza and Ors. It is well settled that a public body invested with statutory powers must take care not to exceed or abuse its power. It must keep within the limits of the authority committed to it. It must act in good faith and it must act reasonably. Courts are not to interfere with economic policy which is the function of experts. It is not the function of the courts to sit in judgment over matters of economic policy and it must necessarily be left to the expert bodies. In such matters even experts can seriously and doubtlessly differ. Courts cannot be expected to decide them without even the aid of experts." 39. In Premium Granites v. State of T.N. while considering the Court's powers in interfering with the policy decision, it was observed at p. "54. It is not the domain of the Court to embark upon unchartered ocean of public policy in an exercise to consider as to whether a particular public policy is wise or a better public policy can be evolved. Such exercise must be left to the discretion of the executive and legislative authorities as the case may be." 2008 (10) SCC 714 Before:- B.N.Agrawal :J , G.S.Singhvi :J 3 N.Balakrishnan And Another Versus Kailasa Naicker (Dead) By Lr. It is well settled that, in a second appeal filed under Section 100 of the Code of Civil Procedure, 1908, if the High Court is of the opinion that a substantial question of law arises, then such question of law is required to be framed and decided. In this case, the High Court upset the judgment of the lower appellate court without framing any substantial question of law. Therefore, on this ground alone the impugned order is liable to be set aside. 2008 (8) SCC 765 : 2008 (6) Supreme 383 Before:- J.M.Panchal :J , K.G.Balakrishnan :J , R.V.Raveendran :J N.D.M.C.& Ors. Versus Tanvi Trading & Credit Pvt.Ltd.& Ors. It is well settled that the law for approval of the building plan would be the date on which the approval is granted and not the date on which the plans are submitted. This is so in view of paragraph 24 of the decision of this Court in Usman Gani J. Khatri of Bombay v. Cantonment Board and others etc. etc. (1992) 3 SCC 455. 2008 (12) SCC 531 Before:- Dalveer Bhandari :J , J.M.Panchal :J Gorige Pentaiah Versus State of A.P.& Ors. In G. Sagar Suri & Another v. State of UP & Others (2000) 2 SCC 636, this court observed that it is the duty andobligation of the criminal court to exercise a great deal of caution in issuing the process particularly when matters areessentially of civil nature. 4 This court in Roy V.D. v. State of Kerala (2000) 8 SCC 590 observed thus:- "18. It is well settled that the power under section 482 Cr. P.C has to be exercised by the High Court, inter alia, to prevent abuse of the process of any court or otherwise to secure the ends of justice. Where criminal proceedings are initiated based on illicit material collected on search and arrest which are per se illegal and vitiate not only a conviction and sentence based on such material but also the trial itself, the proceedings cannot be allowed to go on as it cannot but amount to abuse of the process of the court; in such a case not quashing the proceedings would perpetuate abuse of the process of the court resulting in great hardship and injustice to the accused. In our opinion, exercise of power under section 482 Cr. P.C to quash proceedings in a case like the one on hand, would indeed secure the ends of justice." This court in Zandu Pharmaceutical Works Ltd. & Others v. Mohd. Sharaful Haque & Another (2005) 1 SCC122 observed thus:- "It would be an abuse of process of the court to allow any action which would result in injustice and prevent promotion of justice. In exercise of the powers, court would be justified to quash any proceeding if it finds that initiation/continuance of it amounts to abuse of the process of court or quashing of these proceedings would otherwise serve the ends of justice. When no offence is disclosed by the complaint, the court may examine the question of fact. When a complaint is sought to be quashed, it is permissible to look into the materials to assess what the complainant has alleged and whether any offence is made out even if the allegations are accepted in toto." 2008 (10) SCC 153 : 2008 (6) Supreme 122 Before:- P.Sathasivam :J , Tarun Chatterjee :J Kumar Gonsusab & Ors. Versus Sri Mohammed Miyan Urf Baban & Ors. 5 It is well settled that it would be open to the pre-emptee, to defeat the law of pre-emption by any legitimate means, which is not fraud on the part of either the vendor or the vendee and a person is entitled to steer clear of the law of pre-emption by all lawful means. 2008 (9) SCC 622 : 2008 (6) Supreme 1 Before:- Aftab Alam :J , Arijit Pasayat :J , P.Sathasivam :J Commissioner of Income Tax-I, Ahmedabad Versus Gold Coin Health Food Pvt.Ltd. 15. In Principles of Statutory Interpretation, 11th Edn. 2008, Justice G.P. Singh has stated the position regarding retrospective operation of statutes as follows: "The presumption against retrospective operation is not applicable to declaratory statutes. As stated in Craies and approved by the Supreme Court: For modern purposes a declaratory Act may be defined as an Act to remove doubts existing as to the common law, or the meaning or effect of any statute. Such Acts are usually held to be retrospective. The usual reason for passing a declaratory Act is to set aside what Parliament deems to have been a judicial error, whether in the statement of the common law or in the interpretation of statutes. Usually, if not invariably, such an Act contains a preamble, and also the word `declared' as well as the word 'enacted'. But the use of the words `it is declared' is not conclusive that the Act is declaratory for these words may, at times, be used to introduce new rules of law and the Act in the latter case will only be amending the law and will not necessarily be retrospective. In determining, therefore, the nature of the Act, regard must be had to the substance rather than to the Corm. If a new Act is 'to explain' an earlier Act, it would be without object unless construed retrospective. An explanatory Act is generally passed to supply an obvious omission or to clear up doubts as to the meaning of the previous Act. It is well settled that if a statute is curative or merely declaratory of the previous law retrospective operation is generally intended. The language `shall be deemed always to have meant' or 'shall be deemed never to have included'' is declaratory, and 6 is in plain terms retrospective. In the absence of clear words indicating that the amending Act is declaratory, it would not be so construed when the amended provision was clear and unambiguous.
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