Supreme Court of India Judgements

46670 Judgements hosted as on 9/12/2024 - Search (FREE), Subscribe, Read & Download

Month: April 2017

Service Matters
Service

A junior officer belonging to Scheduled Castes or Scheduled Tribes, by operation of Article 16(1) read with Atricle 16(4) and 16(4A) would steal a march over his erstwhile seniors in the lower cadre and get promotion – The principle of reservation in promotions would be applicable where the Scheduled Castes and Scheduled Tribes are not adequately represented in promotional posts

Apr 30, 2017 sclaw

  (1996) 3 AD 313 : (1996) 73 FLR 986 : (1996) 3 JT 439 : (1996) 3 SCALE 44 : (1996) 5 SCC 167 : (1996) 3 SCR 266…

Service Matters
Service

Vacancies of drivers – The respondent was initially appointed as a daily-wager in Guntur Municipality. After completion of 5 years of service as NMR he was regularized. It is the claim of the respondent that during this period he was working as a driver and, therefore, after regularisation as a Class IV employee he should be assigned the duties and the pay scale of driver

Apr 30, 2017 sclaw

  (1998) 8 SCC 380 : (1998) SCC(L&S) 1591 SUPREME COURT OF INDIA COMMISSIONER, GUNTUR MUNICIPALITY — Appellant Vs. B. CHRISTUDASU — Respondent ( Before : S. P. Kurdukar, J;…

I P C

Penal Code, 1860 – Section 376 read with Section 90 – Criminal Procedure Code, 1973 – Section 378 – Rape – Acquittal by High Court – Misconception of fact – If consent is given by prosecutrix under misconception of fact, it is vitiated – Accused had sexual intercourse with prosecutrix by giving false assurance to prosecutrix that he would marry her –

Apr 30, 2017 sclaw

  AIR 2014 SC 384 : (2014) 1 CCR 28 : (2014) CriLJ 540 : (2014) 1 JCC 398 : (2014) 1 JT 315 : (2014) 1 RCR(Criminal) 173 :…

Accident

Accident—Proof of rashness and negligence on the part of the driver of the vehicle, is sine qua non for maintaining an application under Section 166 of the M.V. Act. Document—Admissibly of—Once a part of the contents of the document is admitted in evidence, the party bringing the same on record cannot be permitted to turn round and contend that the other contents contained in the rest part thereof had not been proved.

Apr 30, 2017 sclaw

  2007(3) LAW HERALD (SC) 2513  IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 2526 of…

You missed

Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw