Supreme Court of India Judgements

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

Month: August 2018

C P C

Civil Procedure  Code, 1860, S.100–Second Appeal-Substantial question of law-­House Tax-While disposing off the appeal the high court did not decided the questions whether the suit seeking a declaration that the demand of House Tax raised under the Act is maintainable, Matter remanded back to be decided afresh-Haryana Municipal Act, 1973.

Aug 11, 2018 sclaw

(2017) 174 AIC 95 : (2017) AIR(SCW) 1330 : (2017) 3 AIRJharR 321 : (2017) AIR(SC) 1330 : (2017) AllSCR 2127 : (2017) 123 ALR 284 : (2017) 3 AndhLD…

I P C

Indian Penal Code, 1860, S.307 and S.34–Attempt to Murder-Common Intention- -Appellant came along with three other person—One of them with the bomb- Accused 4 in coming together with the other four accused and going together with them, and in shouting the words “Kill him” certainly attracted the change under Section 307 read with Section 34 of the code

Aug 11, 2018 sclaw

(2017) 100 ACrC 937 : (2017) 177 AIC 267 : (2017) AIR(SCW) 1415 : (2017) AIR(SC) 1415 : (2017) ALLMR(Cri) 3116 : (2017) 2 ALT(Crl) 69 : (2017) 2 AndhLD(Criminal)…

Bail Granted

Anticipatory Bail — Murder — Father of deceased had sworn affidavit that death was natural-Police has started investigation on basis of an anonymous letter that appellant had extra material affair and had took advantage of his profession-Held; appellant has already joined investigation-High Court ought to have granted anticipatory bail in view of statement of father of deceased-Ordered accordingly-Criminal Procedure Code, 1973, S.438.

Aug 10, 2018 sclaw

(2017) 99 ACrC 699 : (2017) 173 AIC 271 : (2017) 2 AICLR 360 : (2017) AIR(SCW) 1439 : (2017) AIR(SC) 1439 : (2017) ALLMR(Cri) 2210 : (2017) 1 BBCJ…

I P C

Indian Penal Code, 1860, S.307–Attempt to Murder–Non-examination of investigating officer—Since the evidence of eye witnesses has remained unimpeached, and as there are no major contradictions or omissions in the evidence of these witnesses, the non-examination of the Investigating Officer by the prosecution may not tilt the balance in favour of the defence

Aug 10, 2018 sclaw

(2017) 99 ACrC 901 : (2017) 174 AIC 76 : (2017) 2 AICLR 356 : (2017) AIR(SCW) 1400 : (2017) 4 AIRJharR 95 : (2017) AIR(SC) 1400 : (2017) 1…

Murder

Murder–Non-examination of witness-Witnesses have vividly deposed about the genesis of the occurrence, the participation and involvement of the accused persons in the crime-Mere non-examination of the witnesses, who might have been there on the way to hospital or the hospital itself when deceased narrated the incident, would not make the prosecution case unacceptable-Conviction upheld.                                                       

Aug 10, 2018 sclaw

(2017) 99 ACrC 976 : (2017) 174 AIC 244 : (2017) 3 AICLR 520 : (2017) AIR(SCW) 1121 : (2017) 2 AIRJharR 668 : (2017) AIR(SC) 1121 : (2017) 1…

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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