Supreme Court of India Judgements

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

Month: June 2018

Land Acquisition

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, S.24—Lapsing of Proceedings—Non-acceptance of compensation—Whether deposit of compensation amount with treasury is valid tender—Whether interest is payable on amount deposited in treasury—Whether non acceptance of compensation by land owners would result in lapse of proceedings—Matter referred to larger bench.

Jun 15, 2018 sclaw

(2018) 1 AllWC 372 : (2018) 1 BCR 1 : (2017) DNJ 1120 : (2018) 1 KarLR 151 : (2017) 4 LawHerald(SC) 2954 : (2018) 1 RCR(Civil) 431 : (2017) 6 RecentApexJudgments(RAJ) 440 :…

Narcotics

Narcotics—Burden of Proof—Mere registration of a case under the Act will not ipso facto shift the burden on to the accused from the very inception. Narcotics—Case Property—Mere fact of a FSL Report being available is no confirmation either of the seizure or that what was seized was contraband, in absence of the production of the seized item in Court as an exhibit.

Jun 14, 2018 sclaw

(2018) 1 AllCrlRulings 14 : (2018) 2 JT 102 : (2018) 1 KerLJ 101 : (2017) 4 LawHerald(SC) 2947 : (2018) 1 RCR(Criminal) 108 : (2017) 6 RecentApexJudgments(RAJ) 339 : (2017) 14 Scale 90…

Matrimonial

Custody of Child—Child removed from foreign country and brought to India by one of the parents—Other parent secured custody orders from foreign country—The court in the country in which child is removed was required to consider the question on merits—Decree of foreign courts for custody of child would not be binding.

Jun 14, 2018 sclaw

(2018) 181 AIC 42 : (2018) 1 AllCrlRulings 16 : (2018) AllSCR(Crl) 133 : (2018) 1 BomCR(Cri) 1 : (2018) 1 DMC 42 : (2018) 1 ECrC 218 : (2018)…

Constitution

Rights of Persons with Disabilities Act, 2016, S.32–Reservation in Educational Institutions-All Government institutions of higher education and other higher education institutions receiving aid from government are mandatorily required to keep at least 5% reservation for persons with disabilities

Jun 14, 2018 sclaw

(2018) 1 AllWC 518 : (2017) 4 LawHerald(SC) 2905 : (2018) 1 OJR 305 : (2017) 14 Scale 496 : (2018) 1 SCT 269 SUPREME COURT OF INDIA DIVISION BENCH DISABLED RIGHTS GROUP —…

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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