Supreme Court of India Judgements

46420 Judgements hosted as on 27/04/2024 - Search (FREE), Subscribe, Read & Download

Month: September 2017

Murder

Indian Penal Code, 1860, S.302–Murder–Mild inconsistency-The mere fact that, there are certain inconsistencies with regard to the manner of causing injuries to deceased by the witnesses as deposed in the court and as noted in the statement under Section 161 Cr.P.C., can in no manner shake the entire evidence or make the statement of witnesses unreliable.

Sep 28, 2017 sclaw

2017(2) Law Herald (SC) 1502 : 2017 Law Herald.Org 1144 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A. K. Sikri Hon’ble Mr. Justice Ashok Bhushan Criminal Appeal…

Land Acquisition

Land Acquisition Act, 1894, S.18–Just Compensation-Similar situated land-lf the purpose of acquisition is same and when the lands are identical and similar though lying in different villages, there is no justification to make any discrimination between the land owners to pay more to some of the land owners and less compensation to others

Sep 28, 2017 sclaw

2017(2) Law Herald (SC) 1498 : 2017 LawHerald.Org 1131 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Kurian Joseph The Hon’ble Mr. Justice R. Banumathi Civil Appeal…

Arbitration

Multiple Remedies—When two remedies are provided under a statute even in inconsistent, would continue to be in operation until one of them is elected for application. Arbitration—Execution of Award—Award holder sought recovery under relevant statute as arrears of land revenue—Not necessary that arbitration a ward has to be executed as per provisions of 1996 Act only.

Sep 26, 2017 sclaw

2017(2) Law Herald (SC) 1478 : 2017 LawHerald.Org 1132 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Arun Mishra Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal No.5317…

Matrimonial

Cruelty to Wife–Arrest–Prevention of misuse of S.498-A IPC—Directions issued that there will be no automatic arrest—Complaint has to be forwarded to a family welfare committee and till committee submits its report there can be no arrest. Cruelty to Wife—Investigation—To be done only by a designated investigating officer of the area. Cruelty to wife—Bail—Recovery of disputed dowry items will not be a ground for denial of bail. Cruelty to wife—Compromise—Quashing—District & Sessions Judge empowered to close the criminal cases with regard to matrimonial discord. Cruelty to Wife—Clubbing of Cases—It would beopen to the District Judge to club all connected cases between the parties arising out of matrimonial disputes. Cruelty to Wife—Prevention of misuse of S.498-A, IPC—Personal appearance of all family members—Trial court ought to grant exemption from personal appearance or permit appearance by video conferencing. Cruelty to Wife—Physical Injuries—Directions issued for prevention of misuse of S.498-A, IPC will not apply to the offences involving tangible physical injuries or death.

Sep 24, 2017 sclaw

2017(2) Law Herald (SC) 1470 : 2017 LawHerald.Org 1139 IN THE SUPREME COURT OF INDIA Before Hon’ble Justice Mr. Adarsh Kumar Goel, Hon’ble Justice Mr.Udey Umesh Lalit CRANo. 1265 of…

You missed

State Laws

Bombay Public Trusts Act, 1950 – The case involves the acceptance of Change Reports for the Vahiwatdar (Administrator) and Trustees of Shri Mallikarjun Devasthan, a Public Trust – The High Court invalidated the acceptance and remanded the matters for reconsideration – The main issue was the delay in filing the Change Report for the new Vahiwatdar of the Trust, which was submitted 17 years after the previous Vahiwatdar’s death – The Supreme Court set aside the High Court’s judgment, confirming the acceptance of Change Report Nos. 899 of 2015 and 1177 of 2017, allowing the civil appeals – The Court found that the delay in filing the Change Report was a curable defect and did not impact the legitimacy of the new Vahiwatdar’s assumption of office – The Court emphasized a liberal approach to condonation of delay, citing precedents.

Apr 28, 2024 sclaw
Service

Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 – Sections 7, 8 and 9 – Procedure for resignation by employees of private schools – The appellant challenged his termination from, which was set aside by the Tribunal but reinstated by the High Court – The main issues were whether the appellant’s resignation was lawfully withdrawn and if the documents related to his resignation were fabricated – The appellant argued that his resignation withdrawal was not considered and that the school committee’s resolutions were fabricated – The respondents contended that the resignation was accepted by the management committee and the school committee, and the appellant was informed accordingly – The Supreme Court upheld the High Court’s decision, dismissing the appeal and affirming that the appellant’s resignation was voluntary and lawfully accepted – The Court found no evidence of fabricated documents and determined that the management committee’s acceptance of the resignation was valid – The Court referenced the MEPS Act and Rules, concluding that non-communication of resignation acceptance does not invalidate the termination – The Supreme Court concluded that the appellant’s resignation was accepted before his attempted withdrawal, and thus the termination was lawful.

Apr 28, 2024 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 – Section 5(7) – “financial creditor” – The appeals challenge judgments related to the status of certain creditors of M/s. Mount Shivalik Industries Limited under the Insolvency and Bankruptcy Code, 2016 (IBC) – The primary issue is whether the respondents are financial creditors or operational creditors within the meaning of the IBC – The appellants argue that the respondents are operational creditors, as the agreements indicate services rendered to promote the corporate debtor’s products – The respondents contend that the agreements were a means to raise finance, making them financial creditors due to the interest-bearing security deposits – The Court upheld the NCLAT’s decision, recognizing the respondents as financial creditors based on the commercial effect of the transactions – The Court examined the true nature of the transactions and found that the arrangements had the commercial effect of borrowing, satisfying the criteria for financial debt under the IBC – The Court applied the definition of financial debt and operational debt from the IBC, emphasizing the disbursal against the consideration for the time value of money – The appeals were dismissed, confirming the respondents’ status as financial creditors and allowing the resolution process to continue accordingly – The Court’s detailed analysis affirmed the NCLAT’s interpretation of the IBC provisions.

Apr 28, 2024 sclaw
Family Court I P C

“Husband Has No Right On Wife’s Stridhan” Matrimonial Law – The appeal concerns a matrimonial dispute involving misappropriation of gold jewellery and monetary gifts – The appellant, a widow, married the first respondent, a divorcee, and alleged misappropriation of her jewelry and money by the respondents – The core issue is whether the appellant established the misappropriation of her gold jewellery by the respondents and if the High Court erred in its judgment – The appellant claimed that her jewellery was taken under the pretext of safekeeping on her wedding night and misappropriated by the respondents to settle their financial liabilities – The respondents denied the allegations, stating no dowry was demanded and that the appellant had custody of her jewellery, which she took to her paternal home six days after the marriage – The Supreme Court set aside the High Court’s judgment, upheld the Family Court’s decree, and awarded the appellant Rs. 25,00,000 as compensation for her misappropriated stridhan – The Court found the High Court’s approach legally unsustainable, criticizing it for demanding a criminal standard of proof and basing findings on assumptions not supported by evidence – The Court emphasized the civil standard of proof as the balance of probabilities and noted that the appellant’s claim for return of stridhan does not require proof of acquisition – The Supreme Court concluded that the appellant had established a more probable case and directed the first respondent to pay the compensation within six months, with a 6% interest per annum in case of default.

Apr 28, 2024 sclaw