M/s Karnataka Emta Coal Mines Limited & Anr. v. Central Bureau of Investigation
Case at a glance
Provisions considered
- Prevention of Corruption Act, 1988 ss. 13(1)(d), 13(2)
- Indian Penal Code, 1860 ss. 409, 420
- Code of Criminal Procedure, 1973 ss. 227, 277, 482
- Constitution of India art. 136
- Coal Mines (Nationalization) Act, 1973 s. 3(3)(a)(III)(4)
- Indian Evidence Act, 1872
- Companies Act, 2013
- Coal Mines (Nationalisation) Act, 1973 ss. 3, 3(3)
- Monopolies and Restrictive Trade Practices Act, 1969
Judgment
Rejoinder Arguments by Counsel for the appellants
4.1-4.17 33-42
5.1-5.15 42-50
6.1-6.4 50-53
D. DISCUSSION AND ANALYSIS
7.1-7.3 Did CBI Primarily Rely on the Audity Repot of the CAG?
8.1-8.3 53-54 55-57
Could the Audit Report of the CAG fasten any liability on KECML? Import of the Judgment dated 24th March, 2016 of the Karnataka High Court Sanctity of an Audit Report in Law Denial of Sanctions by the Sanctioning Authorities and the effect on the Appellants Effect of the absence of any strategy in the Mining plan to dispose off the coal rejects Was KECML required to account for the coal rejects? Can KECML be blamed for not setting up the coal washery at the pithead? Did the coal rejects have any useful calorific value making it a saleable commodity?
9.1-9.5 57-60
10.1-10.3 60-63
11.1-11.5 63-66
12.1-12.5 66-74
13.1-13.2 74-75
14.1-14.3 75-77
15.1-15.4 77-79
16.1 79-80 Digital Supreme Court Reports [2024] 8 S.C.R. 1157
Persuasive Value of the Aryan Energy Case Inherent Jurisdiction of the High Court under Section 482, Cr.P.C Extraordinary powers of the Supreme Court under Article 136 of the Constitution of India Application of mind at the stage of Section 277, CrPC
17.1-17.2 80-82
18.1-18.7 82-87
19.1-19.9 88-93
20.1-20.4 93-95
E. CONCLUSION
21.1-21.4 95-102 CITATIONS S. No. Title Citation 1 2 3 4 5 6 7 8 9 10 11 ‘CBI vs. S.M. Jaamdar & Others’ M.L. Sharma v. The Principal Secretary and Others Girish Kumar Suneja v. CBI KPCL v. Aryan Energy Private Limited1 and Others Centre for Public Interest Litigation v. Union of India Arun Kumar Aggarwal v. Union of India Pathan Mohammed Suleman Rehmat khan v. State of Gujarat Radheshyam Kejriwal v. State of West Bengal and Another Ashoo Surendranath Tewari v. Deputy Superintendent of Police, EOW, CBI and Another J Sekar alias Sekar Reddy v. Directorate of Enforcement Prem Raj v. Poonamma Menon & Another (2014) 9 SCC 614
Questions this judgment answers
Which statutory provisions did this judgment involve?
Prevention of Corruption Act, 1988 — ss. 13(1)(d), 13(2); Indian Penal Code, 1860 — ss. 409, 420; Code of Criminal Procedure, 1973 — ss. 227, 277, 482; Constitution of India — art. 136; Coal Mines (Nationalization) Act, 1973 — s. 3(3)(a)(III)(4); Indian Evidence Act, 1872.
Which court decided this case, and when?
Supreme Court of India, on 23 Aug 2024. The bench was HIMA KOHLI, AHSANUDDIN AMANULLAH.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.