Supreme Court of India Judgements

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

Month: November 2018

Constitution

Relaxation in age limit–Concession in fee and age relaxation only enabled certain candidates belonging to the reserved category to fall within the zone of consideration but do not tilt the balance in favour of the reserved category candidates, in the preparation of final merit/select list–No infringement of Article 16(1) of the Constitution of India if relaxation in age or concession in fee given.

Nov 21, 2018 sclaw

2010(1) LAW HERALD (SC) 372 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Surinder Singh Nijjar Civil Appeal No. 74 of…

State Laws

Lease and Licence–Distinction–Difference between lease and the licence is to be determined by finding the real intention of the parties from the total reading of the document and also considering the surrounding circumstances—- Lease and Licence–Distinction–Difference between a tenancy and a licence is that, in a tenancy, an interest passes in the land, whereas, in a licence, it does not.     

Nov 21, 2018 sclaw

2010(1) LAW HERALD (SC) 366 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Markandey Katju The Hon’ble Mr. Justice Asok Kumar Ganguly Civil Appeal No. 6391 of…

Consumer

Medical Negligence–Expert opinion–Opinion of Expert Doctor obtained without sending him complete record of medical treatment (i.e. original, x-ray, MRI report)–On basis of report Commission gave finding that there was no negligence–Commission directed to forward all records of treatment to the Doctor for his expert opinion–Commission to pass fresh order after receipt of expert opinion. Expert opinion–An expert is not a witness of fact and his evidence is really of an advisory character

Nov 21, 2018 sclaw

2010(1) LAW HERALD (SC) 359 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.S. Singhvi The Hon’ble Mr. Justice H.L. Dattu Civil Appeal No. 5991 of 2002…

Property Matters

Registration of Sale deed–Power of Attorney sales instead of execution and registration of regular sale deeds– Any process which interferes with regular transfers under deeds of conveyance properly stamped, registered and recorded in the registers of the Registration Department, is to be discouraged and deprecated.

Nov 21, 2018 sclaw

2010(1) LAW HERALD (SC) 355 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice J.M. Panchal Special Leave Petition (C) No. @…

C P C

Civil Procedure Code, 1908, O. 4, R. 2–Civil Procedure Code, 1908, S. 149–Court Fee Act, 1870, S. 4–Deficit Court fee–Plaintiff sought permission to make up deficiency–Court whether can allow the application without notice to the opposite party–Held; Yes–Court fee is a matter between State and the suitor.–Mention of a wrong provisions or non-mentioning of a provisions does not invalidate an order if the Court and/or statutory authority had the requisite jurisdiction.

Nov 20, 2018 sclaw

2010(1) LAW HERALD (SC) 346 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Deepak Verma Civil Appeal No. 4643 of 2009…

Accident

Deceased had graduated in Business Administration from U.K. where as a student, he was also doing part-time job earning an amount of 1,008 pounds (Rs. 80,000/-) p.m.–When the accident took place in India he was not working–Tribunal considering that he was still a student assessed his monthly income only at Rs. 18,000/- on notional basis–Fair amount of compensation should have been calculated 25,000/- p.m. being about 1/3rd of amount which he was receiving in U.K.–Appeal by insurance company dismissed and that of appellant allowed

Nov 20, 2018 sclaw

2010(1) LAW HERALD (SC) 337 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Dr. Justice Mukundakam Sharma Civil Appeal No. 3482 of 2009…

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