Supreme Court of India Judgements

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Month: August 2018

Service Matters
Service

Service Law—Appointment—Primacy of Consultation—Where a Selection Committee has been constituted, the consultation with other department is only a process of discussion which has to be taken into consideration while making recommendation by the Selection Committee—It cannot be said to have a primacy.

Aug 7, 2018 sclaw

(2017) AIR(SCW) 5599 : (2017) AIR(SC) 5599 : (2018) 1 ApexCourtJudgments(SC) 259 : (2017) 4 ESC 804 : (2018) 1 JCR 294 : (2017) 11 JT 429 : (2017) 4LawHerald(SC) 3193 : (2018)…

Service Matters
Service

Service Law—Selection-Minimum marks in viva-voce—Whether the introduction of the requirement of the minimum marks for interview, after the entire selection process (consisting of written examination and interview) was completed, would amount to changing the rules of the game after the game was played which is clearly impermissible—Matter referred to larger bench.

Aug 7, 2018 sclaw

(2017) 4 ESC 818 : (2018) 1 JCR 306 : (2017) 4 LawHerald(SC) 3191 : (2017) 13 Scale 483 : (2018) 1 SCC 239 : (2018) 1 SCC(L&S) 23 : (2017) 4 SCT 792…

Property Matters

Agreement to Sell—Second Appeal—Plea relating to limitation and cancellation of agreement cannot be permitted to be raised, for the first time, in second appeal. Agreement to Sell—Agreement to sell in itself does not create any interest in the land nor does it amount to sale under Section 54 of the T.P. Act— It only enables the intending buyer to claim specific performance of such agreement on proving its terms—In other words, there lies a distinction between an agreement to sell, and sale.

Aug 7, 2018 sclaw

(2018) 181 AIC 98 : (2018) AIR(SCW) 49 : (2018) AIR(SC) 49 : (2018) 126 ALR 469 : (2017) DNJ 1095 : (2017) 12 JT 38 : (2017) 4 LawHerald(SC) 3179 : (2018) 1…

Accident

Deceased was a lady aged 42 years and was working as agricultural labourer-­ Tribunal was wrong in taking income as Rs. 25/- per day and monthly income as Rs. 650/- -Deceased was taking care of her three children and was also maintaining her husband—Taking income from the agricultural labour work at Rs. 3000/- p.m. and Rs. 1,500/- per month for the household work the monthly income of the deceased assessed at Rs. 4,500/- p.m.

Aug 6, 2018 sclaw

(2017) 4 ACC 707 : (2018) ACJ 538 : (2018) 181 AIC 27 : (2018) AIR(SCW) 204 : (2018) AIR(SC) 204 : (2017) 2 AnWR 674 : (2017) DNJ 1077…

You missed

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