Supreme Court of India Judgements

46650 Judgements hosted as on 11/11/2024 - Search (FREE), Subscribe, Read & Download

Month: December 2017

Consumer

Insurance company contended that deceased was suffering from hypertension and same was known to him before talking policy but place no evidence in this regard opinion given by panel doctor and government doctor that the fall was on account of hypertension, seems to be quite a remote possibility—Award of compensation upheld.

Dec 25, 2017 sclaw

(2017) 1 ConLT 83 : (2017) 2 CPJ 149 : (2017) 1 CPR 217 : (2017) 1 LawHerald(SC) 185 : (2017) NCJ 621 NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION UNITED INDIA INSURANCE CO. LTD. —…

Property Matters

Transfer of Property Act, 1882, S. 58(e)—Mortgage by conditional sale—Sale deed executed does not contain stipulation that it was condition sale—However, agreement executed on same day contained the stipulation that if loan amount is paid then seller can get its land back—Since agreement and sale deed were executed on same date so they have to be read together

Dec 25, 2017 sclaw

(2017) 169 AIC 41 : (2017) 120 ALR 213 : (2017) 1 ApexCourtJudgments(SC) 252 : (2017) 1 ARC 15 : (2017) 1 BBCJ 214 : (2017) 1 CalLJ 101 :…

Preventive Detention

Preventive detention-It is clear that each ‘basic fact’ would constitute a ground and particulars in support thereof or the details would be subsidiary facts or further particulars of the basic facts which will be integral part of the ‘grounds’ – There is an infringement of Article 22(5) of the Constitution

Dec 25, 2017 sclaw

(2017) 99 ACrC 325 : (2017) 171 AIC 143 : (2017) AIR(SCW) 230 : (2017) 1 AIRBomR(Cri) 519 : (2017) AIR(SC) 230 : (2017) 1 AllCrlRulings 833 : (2017) AllSCR(Crl)…

Will & Succession

Testamentary suit–An appeal under Section 384 of Succession Act is a regular appeal and all questions are open to urge before appellate Court. Appeal–In an appeal from a decision of Single Judge of High Court in First appeal, a Division Bench has power to consider all questions whether of facts or of law, which could be raised before a Single Judge-

Dec 20, 2017 sclaw

2008(1) LAW HERALD (SC) 463 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Altamas Kabir Appeal (civil) 398 of 2008 Gaudiya…

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Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw
Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw
Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw