Supreme Court of India Judgements

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Month: November 2018

Constitution

Detention–Seizure–Appellant was detained for about 15 hours at the airport–Appellant traveled by air from Hyderabad to Chennai and carried Rs. 65 lakhs- suspicion was created in the mind of the officers on account of appellant carrying an unusually large sum of money in cash–After investigation and verification, nothing found to be amiss or irregular–Investigating Department expressed regret for the inconvenience–However, Premature disclosures or ‘leakage’ to the media in a pending investigation, condemned.

Nov 12, 2018 sclaw

2010(1) LAW HERALD (SC) 213 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice K.S. Radhakrishnan Civil Appeal No. 7914 of 2009…

C P C

Civil Procedure Code, 1908, Order 39, Rule 1 and 2 and Section 151–Interim Injunction–High Court set aside the order of injunction passed by the trial Court–Appeal–Object of the Trust in wanting to acquire the suit property was to extend its school unit and if the suit property is allowed to be commercially exploited, the entire object of the suit filed by the appellant Trust will be rendered meaningless–Order of the High Court set aside–Appeal allowed–In the light of the principles of balance of convenience and inconvenience, interim relief should be granted to the appellant Trust.                   

Nov 12, 2018 sclaw

2010(1) LAW HERALD (SC) 209 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal Nos. 8081-8082 of 2009…

Constitution

Cannot be said that Article 21 been infringed in the matter–Petitioner not rendered remedy-less merely by denial of interim relief–Case not “the rarest of rare” so as to permit the petitioner to bypass the normal procedure of filing appeal against the order of the Single Judge–SC decline to  interfere with the order passed by  the  Single Judge of   the Delhi  High Court–Court  can grant   the relief   in cases:  where manifest injustice has been done:  or where there is manifest illegality or manifest want of jurisdiction.                   

Nov 11, 2018 sclaw

2010(1) LAW HERALD (SC) 196 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Surinder Singh Nijjar Special Leave Petition No. 32840…

Constitution

Rent–Enhancement of –Enhanced rent was neither arbitrary nor unreasonable as matter purely contractual and the appellants voluntarily entered into the lease/licence with the respondents–Appellants not entitled to seek redress under Article 226 of the Constitution for any breach of the covenants contained in the lease agreements.

Nov 11, 2018 sclaw

2010(1) LAW HERALD (SC) 190 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. 5158 Of…

Cheque Dishonour

Negotiable Instruments Act, Section 138–Dishonour of the cheque–Sentence–Appellant facing criminal prosecution for the last 7 years–Appellant a petty businessman–He paid the hefty amount of compensation as a penalty for dishonour of the cheque issued by him.–No material placed on the record to indicate that the appellant had earlier committed any such or similar offence–Substantive sentence of imprisonment, set aside–Sentence of  fine of Rs.1,000/- maintained and imposition of compensation in the sum of Rs.35,000/- also maintained.  

Nov 11, 2018 sclaw

2010(1) LAW HERALD (SC) 188 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Surinder Singh Nijjar Criminal Appeal No. 2337 Of…

I P C

– Indian Penal Code, 1860, Section 302, 307, 109, 120-B/34–Maharashtra Control of Organized Crime Act, 1999, Section 3(1) read 2(e), 3(2) read with Section 120-B–Arms Act, Section 3 & 7, Section 25(1A), 25(1B)–Murder–Death sentence–Rarest of rare case-If a person is sentenced to imprisonment, even if it be for life, and subsequently it is found that he was innocent and was wrongly convicted, he can be set free. Of course, the imprisonment that he has suffered till then cannot be undone and the time he has spent in the prison cannot be given back. Such a reversal is not possible where a person has been wrongly convicted and sentenced to death. The execution of the sentence of death in such cases makes miscarriage of justice irrevocable. It is a finality which cannot be corrected.

Nov 11, 2018 sclaw

2010(1) LAW HERALD (SC) 153 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal Nos. 85-86 of 2006…

Murder

Forensic– Gun Shot Injury–Cartridge of .303 bore can be fired from .315 bore weapon–High Court, therefore, conscious of the fact that in an appeal against acquittal, interference should be minimal and that too in case of perversity of the judgment of the trial Court, held that the finding were indeed perverse and accordingly reversed the judgment of acquittal–Appeal dismissed

Nov 11, 2018 sclaw

2010(1) LAW HERALD (SC) 150 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Harjit Singh Bedi The Hon’ble Mr. Justice T.S. Thakur Criminal Appeal No. 1037 of…

Service Matters
Service

General Clauses Act, S.10–ServiceLaw–Computation of time– Medical Certificate–Last Date of Submission–Appellant did not obtain the medical certificate on 14th April as being a gazetted holiday & the previous days were also holidays–His application should have been considered on merit.

Nov 11, 2018 sclaw

2010(1) LAW HERALD (SC) 147 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.S. Singhvi The Hon’ble Mr. Justice Asok Kumar Ganguly Civil Appeal No. 8200 of…

You missed

Cr P C I P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of Criminal Proceedings under Section 482 in Cases with Predominantly Civil Character — The court reiterated the principle that criminal cases with overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions, matrimonial relationships, or family disputes, should be quashed when the parties have resolved their entire disputes among themselves — This principle is applied in the present case, where the dispute involved a loan transaction between the accused persons and the bank, and the parties had settled the matter through the One Time Settlement (OTS).

Oct 9, 2024 sclaw
Service

The main issue is whether the eligibility criteria requiring AICTE approval for diplomas is valid, given the Supreme Court’s previous ruling that universities do not need AICTE approval for technical courses —The petitioners argued that the eligibility criteria were inconsistent with the Supreme Court’s ruling and that they were unfairly excluded from the recruitment process —The respondents contended that the recruitment process was conducted according to the existing rules and that the petitioners were bound by the doctrine of acquiescence —The Supreme Court directed the Bihar Technical Service Commission to prepare a fresh select list of meritorious candidates, considering the previous High Court order and the AICTE’s stance —The Court found that changing the eligibility criteria after the selection process was completed was impermissible and that the petitioners had a legitimate right to be considered — The appeals were disposed of with directions to prepare a revised select list within three months, ensuring that eligible candidates are considered fairly.

Oct 9, 2024 sclaw
Direct Taxation Income Tax

Income Tax Act, 1961 — Section 139(5) — Revised Income Tax Return — The appellant filed multiple revised returns for the assessment year 1989-90, which were not considered due to being barred by limitation —Whether the assessing officer can consider claims made in a revised return filed after the time limit prescribed by Section 139(5) of the Act — The appellant argued that the assessing officer should consider the claim for deduction of deferred revenue expenditure, even if the revised return was filed late —The respondent contended that the assessing officer has no jurisdiction to consider claims made in a time-barred revised return —The Supreme Court dismissed the appeal, upholding the High Court’s decision that the assessing officer cannot consider claims in a time-barred revised return —The Court emphasized that the assessing officer’s jurisdiction is limited by the time constraints set in Section 139(5) —The Court referred to previous judgments, including Wipro Finance Ltd. and Goetze (India) Ltd., to support its decision —The appeal was dismissed, affirming that claims in a time-barred revised return cannot be considered by the assessing officer.

Oct 9, 2024 sclaw
Tenders & Contracts

Coal Mining Bid — Rejection of — Eligibility criteria — Appellants challenged the rejection of its technical bid by Respondent-BCCL for a coal mining project, while the bid of Respondent No. 8 was accepted despite non-compliance with mandatory requirements —Whether BCCL was justified in rejecting the appellant’s bid and accepting the bid of Respondent No. 8, which did not meet the eligibility criteria — Appellant argues that the rejection was arbitrary and discriminatory — The appellant complied with all requirements, while Respondent No. 8 was allowed to submit missing documents later — BCCL argues that the appellant’s bid was non-compliant due to issues with the Power of Attorney — The Tender Committee could seek shortfall documents but not replace them —The Supreme Court found BCCL’s actions arbitrary and illegal, setting aside the rejection of the appellant’s bid and the acceptance of Respondent No. 8’s bid — The appellant’s Power of Attorney was valid and notarized before submission — BCCL’s acceptance of Respondent No. 8’s bid despite non-compliance was unjustified —Government bodies must act fairly and transparently in awarding contracts — The decision-making process must be free from arbitrariness and bias —The Supreme Court allowed the appeal, setting aside BCCL’s decision and any subsequent agreements, and directed BCCL to initiate a fresh tender process.

Oct 9, 2024 sclaw