Supreme Court of India Judgements

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Month: June 2017

Will & Succession

Interpretation of deeds – Release deed – Scope of – Principle for construction of instrument relinquishing the property – Effect of wide language employed in the instrument. It is a well settled rule of interpretation of deeds of release that however wide and general the covenant of release may be, its operation must be restricted to the rights which are in the contemplation or in controversy between the parties and would not cover or comprehend rights which are never in the minds of the parties at that time.

Jun 25, 2017 sclaw

  AIR 1975 SC 895 : (1976) 1 SCC 299 : (1975) 7 UJ 303 SUPREME COURT OF INDIA RAJAGOPAL PILLAI AND ANOTHER — Appellant Vs. PAKKIAM AMMAL AND OTHERS…

Constitution

Constitution of India, 1950 – Articles 252, 168, 250 – Urban Land (Ceiling and Regulation) Act, 1976 – Section 2(h) – A.P. (Telangana Area) District Municipalities Act, 1956 – Section 244(1)(c)(iii) – The primary object and the purpose of the Urban Land (Ceiling and Regulation) Act, 1976, as the long title and the preamble show, is to provide for the imposition of a ceiling on vacant land in urban agglomerations,

Jun 25, 2017 sclaw

  AIR 1979 SC 1415 : (1979) 3 SCC 324 : (1979) 3 SCR 802 SUPREME COURT OF INDIA UNION OF INDIA (UOI) AND OTHERS — Appellant Vs. VALLURI BASAVAIAH…

Murder

Criminal Procedure Code, 1973 (CrPC) — Section 43, 313, 354(3) — Penal Code, 1860 (IPC) — Section 302, 307, 436 —Conviction and sentence — Whether the death sentence awarded to the Appellant is excessive, disproportionate on the facts and circumstances of the case, i.e. whether the present case can be termed to be a ‘rarest of the rare case’ —

Jun 24, 2017 sclaw

  AIR 2014 SC 2486 : (2014) AIRSCW 3905 : (2014) 7 JT 552 : (2014) 8 SCALE 113 : (2014) 7 AD 615 : AIR 2014 SC 2486 :…

Service Matters
Service

Constitution of India, 1950 – Articles 12, 14 and 16 – Assam Industrial Development Corporation (A1DC) Voluntary Retirement Scheme, 1992, Clauses 3 to 8 – AIDC Limited (Employees) Service Rules, 1992 – Rule 18 – Voluntary retirement – Golden hand-shake voluntary retirement scheme – An open option made available to all employees subject to fulfilment of conditions prescribed under the scheme – Option once made not to be allowed to be withdrawn

Jun 24, 2017 sclaw

  AIR 2000 SC 2769 : (2000) 87 FLR 190 : (2000) 10 JT 9 : (2000) 2 LLJ 1125 : (2000) 6 SCALE 198 : (2000) 7 SCC 390…

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