Supreme Court of India Judgements

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

Month: November 2018

C P C

Injunction—Question of Title—Findings of title can be recorded in a suit for injunction if there are necessary and appropriate issues regarding question of title Second Appeal—Question of Title—High Court while dismissing the second appeal being devoid of merit was not justified in making an observation which has the potential of reopening the already settled issue of title in respect of the suit property—Such findings set aside

Nov 1, 2018 sclaw

2018(3) Law Herald (SC) 2337 : 2017 LawHerald.Org 1522 SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant  Vs.  VIJAY KRISHNA UNIYAL (D) THROUGH L.RS. — Respondent ( Before : Kurian…

Limitation

Adverse Possession—Permissive possession over the property howsoever long never becomes adverse to the interest of real owner at any point of time Adverse Possession—The limitation of 12 years begins when the possession of the defendants would become adverse to that of the plaintiffs -Adverse Possession—Proof of—Tax receipt, Chaukidari receipt and Khatian extract—These documents at the most depict the possession of the defendants and not their adverse possession.                                

Nov 1, 2018 sclaw

2018(3) Law Herald (SC) 2316 : 2018 LawHerald.Org 1520 IN THE SUPREME COURT OF INDIA                                                                            Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil Appeal…

C P C

Civil Procedure Code, 1908, S, 100-Second Appeal-Substantial Question of law-High Court also failed to see that the issue of resjudicata and the issue of ownership were independent issues and the decision on one would not have answered the other one—In other words, both the issues had to be examined independent of each other on their respective merits—It was, however, possible only after framing of substantial questions on both the issues as provided under Section 100(4) and (5) of the Code—This was, however, not done in this case-Case remanded back

Nov 1, 2018 sclaw

2018(3) Law Herald (SC) 2311 : 2018 LawHerald.Org 1519     SUPREME COURT OF INDIA DIVISION BENCH NARAYANA GRAMANI — Appellant Vs. MARIAMMAL — Respondent ( Before : Abhay Manohar Sapre and…

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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