Supreme Court of India Judgements

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Month: August 2018

Consumer

Consumer Protection Act, 1986, S.12–lnsurance–Medical Policy-Merely because it has been mentioned that insurance under the policy was subjects to conditions, clauses, warranties, exclusion, etc. attached, in the absence of attaching aforesaid conditions, exclusion, etc., it cannot be presumed that expenses incurred in treatment of disease were excluded from the coverage.

Aug 26, 2018 sclaw

2017(1) Law Herald (SC) 752 (NCDRC) : 2017 LawHerald.Org 809 IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION Before The Hon’ble Mr. Presiding Member K.S. Chaudhari Revision Petition No. 911 of…

Consumer

Consumer Protection Act, 1986, S. 12—Medical Negligence—Patient was brought with the complaints of acute abdominal pain i.e. acute appendicitis-Performing of surgery for appendictis was not a wrong occasion—No doubt, that the child was subsequently diagnosed with a cancerous tumour in the liver—The death was not due to appendicectomy operation but it was due to fatal malignant tumour-Doctor held to be not negligent

Aug 26, 2018 sclaw

2017(1) Law Herald (SC) 750 (NCDRC) : 2017 LawHerald.Org 808      IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION Before The Hon’ble Mr. Presiding Member  Dr. S.M. Kantikar First Appeal…

Consumer

Held; complainant is a renowned export/buying house recognized by Ministry of Commerce involved in large scale business which is run with the assistance of number of employees- Therefore, by no stretch of imagination, it can be said that complainant has been running its business exclusively for the earning livelihood by way of self employment-Complaint dismissed.                                                          

Aug 26, 2018 sclaw

  2017(1) Law Herald (SC) 747 (NCDRC) : 2017 LawHerald.Org 807 IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION Before The Hon’ble Mr. Presiding Member Ajit Bharihoke The Hon’ble Mr. Member…

C P C

Held, when the plaintiff could be shown the indulgence, the same equity should have been mated out to the appellant (defendant)-Since it was suit for recovery of money-The Court should have put the parties at least to terms and then disposed of the matter on merits-Ex parte Decree set side.                                                                           

Aug 26, 2018 sclaw

(2017) 100 ACrC 264 : (2017) 175 AIC 263 : (2017) 2 ICC 443 : (2017) 1 LAR 643 : (2017) 1 LawHerald(SC) 746 : (2017) 2 LJR 661 : (2017) 4 LW 283…

Consumer

Consumer Protection Act, 1986, S.12–Consumer–insurance–Acceptance of policy-­Policy was not issued by insurer-Therefore, there being no insurance contract in existence, the complainant cannot be termed as a consumer of the insurance company and he has no locus standi to file the consumer complaint.

Aug 26, 2018 sclaw

2017  (1 ) Law Herald (SC) 743 (NCDRC) : 2017 LawHerald.Org 806 IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION Before The Hon’ble Mr. Presiding Member Ajit Bharihoke The Hon’ble Mr.…

Cr P C

The Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out. proceedings qua the Appellants in Crime No.477 of 2015,  dated 20.12.2015 under Sections 498 A, 120 B, 420, 365 IPC QUASHED

Aug 23, 2018 sclaw

Non-Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1045 of 2018 (Arising out of SLP (Crl.) No.3286 of 2016) K. SUBBA RAO & ORS. .... Appellant(s)…

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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