Supreme Court of India Judgements

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

Month: November 2018

Constitution

Lynching—Mob Violence—The person/persons who has/have initiated, promoted, instigated or any way caused to occur any act of violence against cultural programmes or which results in loss of life or damage to public or private property either directly or indirectly, shall be made liable to compensate the victims of such violence

Nov 18, 2018 sclaw

2018(4) Law Herald (SC) 2593 : 2018 LawHerald.Org 1616 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice DipakMisra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Dr.…

Constitution

Right to Information–Judicial Order–Under the RTI Act an applicant cannot ask for any information as to why opinions, advices, circulars, orders, etc. have been passed, especially in matters pertaining to judicial decisions–A judge is not bound to explain later on for what reasons he had come to such a conclusion.

Nov 15, 2018 sclaw

2010(1) LAW HERALD (SC)  311 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K.G. Balakrishnan The Hon’ble Mr. Justice Dr. B.S. Chauhan Special Leave Petition (Civil)…

Limitation

Limitation Act, 1963, Art. 58–Limitation–Cause of action–Mere existence of a wrong entry in the revenue records does not, in law, give rise to a cause of action within the meaning of Article 58 of the Act. — Cause of action for the purposes of Article 58 of the Act accrues only when the right asserted in the suit is infringed or there is atleast a clear and unequivocal threat to infringe that right–Therefore, the mere existence of an adverse entry into the revenue record cannot give rise to cause of action.

Nov 15, 2018 sclaw

2010(1) LAW HERALD (SC) 307 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Aftab Alam Civil Appeal No.5339 of 2002 Daya…

Constitution

Constitution of India, 1950, Article 32–Sexual intimidation-Denial of service dues–Contention of the petitioner that she was sexually intimidated by her senior colleagues in office and that they had misused their positions and amassed huge fortunes–She also emphasized that it was on account of her attempts to highlight the misconduct of these officers that she had been harassed & hounded time and again and had even been denied her service dues–Allegations made by the petitioner enquired into by several independent bodies but no merit found

Nov 15, 2018 sclaw

2010(1) LAW HERALD (SC) 305 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Harjit Singh Bedi The Hon’ble Mr. Justice J.M. Panchal Writ Petition (Criminal) No. 60…

Rent

Eviction–Amendment of Section 13 of the East Punjab Rent Act restricting the landlord from seeking eviction of a tenant from non-residential premises held, as unconstitutional–Correct interpretation of bonafide requirement of a landlord of a residential building must include a non-residential building

Nov 15, 2018 sclaw

2010(1) LAW HERALD (SC) 299 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 8417 of 2009…

Cr P C

Criminal Procedure Code, 1973, S. 319 –Criminal Procedure Code, 1973, S. 244–Cross-examination–Right of cross-examination of the witnesses before the framing of the charge–If right to cross-examine under Section 244, CrPC not given to the newly joined accused then there would be a complete denial to such accused of an important right of cross-examination–Under Section 244, Cr.P.C. the accused has a right to cross-examine the witnesses and in the matter of Section 319, Cr.P.C. when a new accused is summoned, he would have similar right to cross-examine the witness examined during the inquiry afresh–Again, the witnesses would have to be re-heard and then there would be such a right–Merely presenting such witnesses for cross-examination would be of no consequence.

Nov 15, 2018 sclaw

  2010(1) LAW HERALD (SC) 294 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Dr. Justice Mukundakam Sharma Criminal Appeal No. 28 of…

Acquittal

Once it is proved that the FIR itself was given with the consultation of the legal advisors and in the guidance of the local Member of Legislative Assembly who was inimical towards the appellant on account of the party factions, the whole story and more particularly, the part played by (PW-1) becomes suspicious–Evidences of prosecution witnesses No. 2 to 5 full of contradiction and omissions–High Court nowhere considered that there was no explosive substance found at the place where allegedly the bombs were exploded –Once the benefit of kiosk has been given to the other accused the same advantage should have been given even to the appellant–Impugned judgment of the High Court, set aside and that of the trial Court restored.

Nov 14, 2018 sclaw

2010(1) LAW HERALD (SC) 277 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Dr. Justice Mukundakam Sharma Criminal Appeal No. 451 of 2007…

You missed

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