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Supreme Court Directs Bombay High Court to Scrutinize Legality of Advocates’ Filed ‘Minutes of Order’

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Case Title: Ajay Ishwar Ghute and Ors V. Meher K. Patel and Ors

Case no: Civil appeal No. 4786 of 2024

Dated on: 30th April, 2024

Quorum: Justice Abhay S. Oka and Justice Ujjal Bhuyan

Facts of the case:

An Arbitration Petition was filed under the Arbitration and Conciliation Act, 1996 before single judge of Bombay High court wherein consent terms were filed in the arbitration petition preferred by the first respondent. In terms of the consent terms the learned single judge recorded that the process of handing over the possession of the suit property by the respondents to the first respondents as commenced. The disputes were related to lands of Parsi Dairy Farm. The seventh respondent filed an interim application after two years of filing the consent terms by stating that High court had directed the Police to give police protection to the parties for completing the process of handing over possession. A compound wall was to be constructed in terms of the consent terms, which according, to the seventh respondent could not be done as local persons obstructed the work. The learned single judge of the Bombay High court disposed the interim application by directing Police/Tahasildar/ Collector/ Gram Panchayat office and all other Government authorities to offer assistance to construct a wall to safeguard the suit property. The persons who had obstructed the construction of the wall were not part to the arbitration proceedings/ interim application. An application was filed to Deputy Superintendent of Land Records by first respondent and five others for measuring the land who vide later dated 20.11.2021 informed the first respondent that several persons have objected, in writing, in carrying out the survey. Hence, holding an enquiry was necessary. First and second respondent filed a writ petition under Article 226 of the constitution for non-compliance with the orders of the Arbitration Petition regarding survey and construction of compound wall. The persons who raised objections were not impleaded in the Writ Petition. The Division Bench on 09.03.2022 ordered the Superintendent of Police to be present. The Superintendent of Police filed an affidavit stating that local tribals have gathered an impression that they were attempted to be illegally dispossessed and they insisted that the lands be demarcated before constructing the compound wall. The District Superintendent of Land Records vide an affidavit stated that there are certain persons to whom the petitioners and others have sold small portions of land and if a compound wall is constructed the third parties are likely to get landlocked. The Division bench without noticing the contentions of the above Government officers, instead of directing impleadment of the affected parties passed an order in terms of ‘Minutes of order’ dated 16.03.2022, for issuing a direction to survey authorities to carry out demarcation of the boundary and to direct the police to provide protection for constructing the compound wall.

Contentions of the appellant:

Of the thirty review petitioners Nos. 7-18 were shown as interveners in the “Minutes of order” though they had not engaged any advocate. The said interveners never met the advocate who is shown to have signed ‘Minutes of order’ on their behalf. The appellants had rights in respect of several properties which were likely to be adversely affected by the construction of the compound wall. The principles of Natural justice were not followed before permitting the construction of the compound wall. The impugned order based on ‘Minutes of order’ is completely illegal and vitiated by the non-joinder of the necessary parties.

Contentions of the respondent:

The compound wall had been built in such a manner that no person was landlocked or in any manner inconvenienced. The owners of the adjacent lands continue to enjoy unhindered and unfettered access to their respective land.

Legal provisions

Article 226- Writ Jurisdiction of High Court.

Issue: 

Whether the High court was justified in passing a order while exercising Writ Jurisdiction under Article 226 of the constitution of India permitting the first and second respondent to construct a compound wall under police protection in terms of “Minutes of Order”?

Court’s Analysis and Judgement:

The court summarised conclusions regarding the concept of Minutes of order as follows:
a) The practice of filing ‘Minutes of order’ prevails in Bombay High court the object of which is to assist the court.
b) An order passed in terms of ‘Minutes of order’ is not a consent order. It is an order in invitum.
c) The Courts to apply its mind as to whether parties likely to be affected by an order in terms ‘Minutes of order’ have been impleaded to the proceedings and whether such order is lawful? If the court finds that all parties are not impleaded the court to defer passing of the order till all the necessary parties are impleaded.
d) If the court is of the view that an order made in terms of ‘Minutes of order’ will not be lawful court should decline to pass order in terms of ‘Minutes of order’.

It was the duty of the Court to call 1st and 2nd respondent to implead persons who were likely to be affected by the construction of the compound wall. The Division Bench of the High court failed to make an enquiry as to whether the third parties will be affected by the construction of the compound wall. Hence, order dated 16.03.2022 in terms of ‘Minutes of order’ is entirely illegal and must be set aside. The writ Petition to be remanded to the High court. After remand, High court must decide who are the necessary parties to the petition in case of failure of 1st and 2nd respondents to implead the necessary parties the High court is within its power to dismiss the Writ Petition and pass an order of restoration of status quo ante by directing demolition of the compound wall.

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Judgement reviewed by- Parvathy P.V.

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Supreme Court Directs Implementation of Standard Operating Procedure for Filing Paper Books.

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Case title: Anjumol V.A. and Ors V. Kerala Public Service Commission and Ors.

Case no: petition (s) for special leave to appeal (C) No. 13242/2021

Dated on: 16.04.24

Quorum: Hon’ble Mr. Justice J.K. Maheshwari and Hon’ble Mr. Justice Sanjay Karol.

Facts of the case:

The Petition(s) for Special Leave to Appeal (C) No. 13242/2021 is arising from final. Judgment and Order dated 04-06-2019 passed by the Hon’ble High Court of Kerala at Ernakulum) in OPKAT No. 62/2017.

Court’s  Analysis and Judgement 

The Hon’ble Supreme Court, while hearing the above case, has perceived various practical difficulties both on miscellaneous or non-miscellaneous days and some of them are as mentioned herein below:

(i) The Orders passed during the proceedings are not attached to the paper books;

(ii) In Service matters, the counsels for the Petitioner are not attaching the relevant Service Rules with Appendix in the SLP paper book or the same is not referred in the pleadings. The Rules, sometimes, are filed in piecemeal with Applications or with additional documents, due to which matters are postponed. This causes financial burden upon the parties and further results in delay in adjudication;

(iii) Counter Affidavits are sometimes attached to the main SLP paper book without flagging, inviting attention and sometimes as separate paper book which requires unnecessary search and wastage of time by the Judges;

(iv) Upon directions and after filing the convenience compilation, the same is not sent to the residential offices of the Judges either in hard copy or by way of email and even during the hearing;

(v) The IA number is not properly exhibited on its face. The Applications are not attached date wise, with paper books. This causes inconvenience to the Judges;

(vi) Other ancillary issues in various paper books is also causing difficulty in day to day court functioning.

In view of the above, the Secretary General and the Registry Officers, in particular the Registrar (Judicial) shall prepare a Standard Operating Procedure (SOP) for properly maintaining the SLP paper books and also to eliminate the difficulties mentioned above. The SOP is to be notified after seeking appropriate orders from the Hon’ble Chief Justice of India. The due compliance shall be made as expeditiously as possible for efficient functioning of the court. Learned counsel for the parties were heard the hearing is concluded. The Learned State Counsel and the Counsels for Respondents are granted two weeks’ time to file affidavit clarifying how many persons have been appointed along with their qualifications and the status of the Petitioners in the present Special Leave petition.

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Judgement reviewed by- Parvathy P.V.


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Allegations of Illegal Eviction Remain Unresolved: Supreme Court

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Case title: Sanjay Maruti Jadhav v. Amit Tatoba Sawant

Case no: Civil appeal No. 72 of 2012

Dated on: April 26,2024

Quorum: Justice Vikram Nath.

Facts of the case:
A Leave and License Agreement was entered between the Appellants and the Respondent. The Appellants are the owners of the property, which was the subject matter of the Suit. The Respondent herein had filed Suit against the Appellant for illegal and unauthorized eviction from the Suit Schedule property which was decreed by the Trial Court and further concurred by the High Court as well. Appellant, aggrieved by the Orders of the High Court, preferred Civil Appeal wherein the Supreme Court had reserved the matter for orders on 18.01.2024. The Supreme Court, left it open for the parties to move appropriate application within a period of two weeks, in case there is any probability for settlement. However, as three months elapsed and since no such application was filed, the Hon’ble Supreme Court proceeded to decide the matter on merits.
Contentions of the appellant:
The Appellants contended that the Suit under Section 6 of The Specific Relief Act not being maintainable. The subject property was handed over voluntarily by the Respondent and to prove the said contention the Appellant relied on the Possession Receipt.
Contentions of the respondent:
The Respondent filed a suit, within six months of dispossession, under Section 6 of the Specific Relief Act, 1961 by alleging that they were illegally and unauthorizedly by use of force, evicted by the Appellant.
Issues:
Whether any merit is there in the Appeal preferred and whether any interference is required?
Legal Provisions:
Section 6 of the Specific Relief Act: Suit by person disposed of immovable property.
Courts judgement and analysis:
The Trial Court decreed the suit of the Respondent disbelieving the contentions of the Appellants that the subject property was handed over voluntarily by the Respondent thereby not talking into consideration the possession receipt relied upon by the Appellant. The Trial Court rejected the appellant’s plea of non-maintainability of the suit under Section 6 of the Specific Relief Act. Appellant, aggrieved by the decision preferred a Revision Petition before the High Court, which was also dismissed. The High Court also found that the plea of maintainability of the suit raised by the appellant was devoid of merits and further concurred with the finding of the Trial Court that the Respondent was illegally dispossessed by the Respondent. The Appeal is accordingly dismissed as there are concurrent findings, based upon the evidence on record and findings of fact.

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Judgement reviewed by- Parvathy P.V.

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SC Affirms Summoning of Wife in ‘Cheating’ Complaint by Husband: Prima Facie Case Established

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Case title: Aniruddha Khanwalkar v. Sharmila Das and Ors.

Case no: Criminal appeal no of 2024 (arising out of SLP. (CRL.) No. 10746 of 2023)

Dated on: April 26th ,2024

Quorum: Justice Rajesh Bhindal

Facts of the case:
The appellant’s marriage was officiated with the respondent no.1 on 28.04.2018 in the presence of the respondents no.2 and no.3. The appellant on that date realized that the respondent was already married and had not obtained divorce from her first husband. The appellant then filed a petition under Section 11 of the 1955 Act (The Hindu Marriage Act), to seek nullification of marriage between the appellant and the respondent no.1. The appellant then filed a case against the respondents no. 1,2, and 3 to the magistrate. The magistrate then booked the respondent no.1 under Section 494 and 420 and, against the respondents no.2 and 3 under Section 420 read with section 120-B , IPC. The above order was then challenged by the respondents no.1 to 3 by filing a revision petition. On 16.06.2018, when Respondent no.1 visited the doctor for a checkup, she was found to be pregnant and wanted to undergo an abortion, but when confronted by the appellant, the Respondent informed that she has not yet obtained divorce from her previous marriage. It was revealed then the document shown to the Appellant was forged which revealed that the consent for marriage was obtained dishonestly. The Appellant felt cheated and then filed a written complaint to the Superintendent of Police on 07.07.2018 and then to the Station in-Charge, on 08.07.2018. However, as no action was taken, a complaint was filed in the court before the Magistrate on 20.07.2018. The Trial Court after recording the preliminary evidence summoned the Respondent no.1 to face trial under Sections 494 and 420 read with Section 120-B, IPC and the respondent nos.2 and 3 to face trial under Section 420 read with Section 120-B, IPC. The aforesaid order was challenged by the respondents before the Additional Sessions Judge. The Sessions Court held that no offence punishable under Section 420 read with Section 120-B, IPC was made out as the factum of earlier marriage of the Respondent no.1 was clearly disclosed to the Appellant. The said Order was challenged by the Appellant before the High Court, which was in turn dismissed by the High Court without assigning any reasons.
Contentions of the appellant:
The appellant contended that the Court failed to appreciate the facts of the case. A prima facie case has been made out which shows that the Appellant has been dishonestly induced by Respondents number 1, 2 and 3 in believing that the Respondent no. 1 had obtained divorce, by showing a forged order, knowing very well that the marriage had not yet been dissolved as on the date of marriage with the Appellant and therefore the Order is liable to be set aside. The Respondents are therefore liable to face trial under Section 420 read with Section 120-B, IPC for the reason that they had conspired with each other and dishonestly induced the Appellant into marrying Respondent no.1 and parting with huge expenses towards fare for travel from Vishakapatanam to Gwalior and vice versa along with expenditure to be incurred for the marriage.

Contentions of the respondent:
On the basis of the pleaded facts and the material produced by the Appellant before the Magistrate, no offence under Section 420, IPC could be made out. The Appellant could not make any case of criminal conspiracy and offence of cheating against the Respondents. There is no error in the orders passed by the Sessions Court or the High Court. There was no concealment or cheating as the Respondents had clearly disclosed all the facts to the Appellant before marriage and hence the appeal deserves to be dismissed.

Issues:
Whether the High court and the trial court was right in setting aside the summoning order passed by the trial court?

Legal provisions:
Sections 494 IPC- Punishment for bigamy.

Section 420 IPC-Punishment for cheating.

Section 120-B, IPC-Punishment for criminal conspiracy.

Courts judgement and analysis:
The Sessions Judge failed to appreciate the fact that certain events had taken place such as apprising the appellant about the decree of divorce having been passed and showing the forged copy of the same on mobile. The Learned Sessions Court has considered the revision against the summoning order as if, after trial, the findings of conviction/ acquittal was to be recorded. The matter was only at a preliminary stage of summoning and for summoning an accused, prima facie case needs to be made out on the basis of allegations and the pre-summoning evidence given by the Complainant. The High Court, further, has dismissed the petition without recording any reasons. The Learned Sessions Court and the High Court Order in setting aside the summoning order against the accused persons is not legally sustainable. On the basis of the facts pleaded and evidence adduced by the Appellant, prima facie case is made out for issuing process against the respondents to face trial for the offence punishable under Section 420 read with Section 120-B, IPC, for which they were summoned. The appeal is accordingly allowed. The impugned orders passed by the High Court and the Sessions Court are thus set aside and that of the Magistrate is restored.

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Judgement reviewed by- Parvathy P.V.

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Impact of Technology on Access to Justice in India: Opportunities and Challenges.

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Impact of Technology on Access to Justice in India: Opportunities and Challenges.
Abstract:
Technology and Law have pretty much developed in the present times. Back in the days it was very impractical to even think of having the hearings of the Court without seeing the concerned parties and counsels in person. As time passed, the Indian judiciary has joined hands with the technology to enhance the process of conducting Trials and delivering judgements. Though, the practicality of the same if questioned but the COVID pandemic, made all of us sit and realise the Technological innovations in legal system can indeed definitely be practically applied.
Key words:
e-courts, e-filing, technology, virtual court hearings, e-courts portal, e-payment, electronic display system (EDS), document management system (DMS), block-chain method.
Introduction:
In today’s fast-paced world technology and innovation have played a vital role in our lives, the Legal world is no exception to that. Legal technology or also called as legal tech/law tech, is been playing a significant role in the Indian legal system. The Indian judiciary also has been a guest to this present wave of technological advancements. Since, a very long time the Indian judiciary has been grappling with a significant backlog and pendency to litigation. According to the, National Judicial Data Grid (NJDG) gives us a picture of the backlog of cases haunting India. There are about 4.38 crore cases lay pending before the Taluka courts and District while 60.9 lakh cases (60,90,891 cases) are pending before the High Courts. Thus, the backlog of cases have crossed the 5 crore mark with 5,00,39,981 cases pending before the various Courts/Tribunals across the Country as of June1st of 2023. The said issue being addressed through e-courts and Digital India. The Indian Judiciary is amalgamating technology into the traditional courts to reduce pendency and fasten the justice delivery.
Use of Technology in Justice Delivery Mechanism-
In India the relationship between law and technology has been growing rapidly and has gained quite the importance as innovative technologies have been changing the country’s justice delivery mechanism. The legal fraternity is also duly benefitted by the innovative technological entry into the Legal fora as the advent of technology enables us to access the case laws, legislation and legal commentary through these online platforms. The lawyers, through this method, have been able to communicate with their clients, stakeholders, co-counsel and thereby decreasing the in-person meetings. Technology, basically allows legal practitioners and also the judicial stakeholders to operate more effectively by making sure that the time-consuming activities like the document management, scheduling and legal research are addressed through technology.
Technology through various steps, enunciated below, has played key role in reducing the administrative costs, increasing the productivity, and further to develop the ability to manage the caseloads:
e-Courts Project
The e-courts machine Mode Project is a pan- India project, monitored and funded by the department of justice, Ministry of Law and Justice, Government of India for the District courts across the country. It has a vision to transform the Indian Judiciary by ICT (Information and communications technology) enablement of Courts.
The Development of e Courts:
e-courts have now become a new tool in order to access justice to the Indian Legal system. Back in the days we could not even comprehend court hearings without hearing the counsels and the parties concerned. Though the pandemic brought the world to a stand still but these technological innovations ensured that the court proceedings were carried out without hampering the judicial process be it hearing the parties thereby ensuring the essentials principles of natural justice. Indian e-courts ensure to provide efficient and transparent services to litigants. Given below are some of the initiatives:
1) Virtual court systems- In the said system, court proceedings are conducted virtually by means of video conferencing. This ensures easy access to justice and reduces the pendency of cases.
2) e-Courts portal- The e-Courts portal encompasses the interest of all the litigants, advocates, government agencies, police and citizens. In fact, this system is so helpful that being anywhere, anybody can access the portal and get the details of the cases as first-hand information.
3) e-filing- The facility of filing court cases electronically ensures benefits such as saving time and money, automatic digitization thereby reducing the paper consumption which is a necessary step, to be taken as an environmental cause. The step towards e filing reduces the physical hardship of being physically present before the Courts.
4) e-payment of court fees and fines- The ability to make online payments of court fees and fines reduces the need for carrying physical cash, stamps and cheques etc. thereby, integrating with the state’s specified vendors for convenience.
5) Court Management System (CMA): This is a web-based system that manages whole court process from case delivery to judgement that ensures easy flow of information across various stakeholders and departments.
6) Document Management System (DMS): In this system, the documents can be digitally saved from any location and anytime, thereby saving the physical spaces.
7) Electronic Display System (EDS): This system displays court procedures, such as case status, case lists and cause lists, on electronic screens around the court complex. This annihilates needless physical travel.
8) The Court Recording and Transcription System (CRTS): In this system, they use the records and transcribes as evidence, thereby reducing handwritten notetaking.
9) Use of AI and Machine Learning: Artificial learning and machine learning help in analyzing vast amounts of data, identifying patterns and predicting the outcomes which enhances efficiency of judicial delivery system for instance the SUVAS and SUPACE tools implemented by Supreme Court and High Courts.
10) Blockchain for Secure Record-Keeping: This technology basically helps in ensuring security and transparency of court records. The use of block chain method prevents the records from being tampered and ensures the court records are secured.

Challenges with Application of Emerging Technologies in the Judicial System:
1) Data security: As the data involved being quite the sensitive kind, it’s very important to keep the data secured.
2) Bias and discrimination: With emerging AI, there is quite the bias and discrimination within the algorithms which poses high risk in inequalities in judicial system.
3) Privacy concerns: With use of technology, there are high risks with privacy rights, which can result in violation of the private right of an individual.
4) Cost: The high costs involved in implementation of the technological reforms needs to be taken care of as the judicial systems may not have sufficient resources.
5) Lack of understanding: Many legal professionals may not have enough understanding towards the emerging technology which may result in inequalities in justice system.
Way Forward:
Data Privacy and Security: Technology heavily rely on data collection; hence it is important to consider that data collected and used endures security and privacy.
Accessibility: The judicial system must ensure that there are no barriers to the accessibility of data.
Transparency and Accountability: The judicial system should ensure that there is transparency and accountability with the emerging technology to ensure just and fair usage.
Training and Education: The judiciary to ensure that the lawyers, stakeholders and the judges are properly trained to keep in pace with the emerging technology.
Conclusion:
In conclusion, this article basically talks about the way the Indian judicial system has developed in the present times with the advent of Technology. The way judiciary enhanced the court proceedings through the means of technology. Like, the e-filing, e-portal, e-payment etc. By this the court also ensured that there is accessibility and transparency to the court proceedings to its citizens. There are positive aspects to this but it also has certain negative aspects such as the technology can also increase the divide particularly for marginalized communities. This erodes the idea of equal justice and worsens the unequal allocation of legal services. The digital divide also negatively impacts attorneys, who are often neither technologically literate nor have access to digital tools and resources. This article gives a bird’s eye view to all the techno-legal developments.
“PRIME LEGAL is a full-service law firm that has won a national award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer”.
Written by- Parvathy P.V.

References:
1) www.drshtiias.com
2) hindupost.in
3) organiser.org
4) www.linkedin.com






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