Supreme Court of India Judgements

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Month: December 2018

Service Matters
Service

Removal  from service–Non-supply of relevant documents–Copies of the documents which formed the foundation of the charge sheet against the respondents have been denied to the respondent on the lame excuse–proceedings vitiated been conducted in complete violation of principles natural justice.

Dec 9, 2018 sclaw

2010(1) LAW HERALD (SC)  671 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Mr. Justice Surinder Singh Nijjar Civil Appeal No. 254 of…

Service Matters
Service

Constitution of India, 1950, Art. 311–Delhi School Education Act, 1973, S. 8 &  12–Vires of–Unaided minority institution–Section 8(1), (3), (4) and (5) of the Act do not violate the right of the minorities to establish and administer their educational Institutions–However, Section 8(2) interferes with the said right of the minorities and is, therefore, inapplicable to private recognized aided/unaided minority educational institutions

Dec 9, 2018 sclaw

2010(1) LAW HERALD (SC)  661 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.S. Singhvi The Hon’ble Mr. Justice Dr. B.S. Chauhan Civil Appeal No. 5508 of…

Service Matters
Service

Constitution of India, 1950, Art.  16–Delhi Higher Judicial Service Rules, 1970, Rule 10–Appointment–District Judge in Delhi–In case the statutory rules prescribe a particular mode of selection, it has to be given strict adherence accordingly–In case, no procedure is prescribed by the rules and there is no other impediment in law, the competent authority while laying down the norms for selection may prescribe for the tests and further specify the minimum Bench Marks for written test as well as for viva-voce.                                               

Dec 9, 2018 sclaw

2010(1) LAW HERALD (SC) 656 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K.G. Balakrishnan The Hon’ble Mr. Justice Deepak Verma The Hon’ble Mr. Justice Dr.…

Accident

Compensation–Disbursement of compensation–Four problems frequently faced in motor accident claim cases under the Motor Vehicles Act, 1988 – First problem relates to a section of motor accident victims who are doubly unfortunate – first in getting involved in an accident, and second, in not getting any compensation– Second problem relates to the widespread practice of using goods vehicles for passenger traffic. 3.Third problem relates to the procedural delays in adjudication/settlement of claims by Motor Accidents Claims Tribunals. 4.Full compensation amount does not reach and benefit the victims and their families, particularly those who are uneducated, ignorant, or not worldly-wise.

Dec 9, 2018 sclaw

2010(1) LAW HERALD (SC) 647 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice Dr. Mukundakam Sharma The Hon’ble Mr. Justice K.S.…

State Laws

Adverse possession–Encroachers, unauthorised occupants or land grabbers–Where an encroacher, illegal occupant or land grabber of public property raises a plea that he has perfected title by adverse possession, the Court is duty bound to act with greater seriousness, care and circumspection–Any laxity in this regard may result in destruction of right/title of the State to immovable property and give upper hand to the encroachers, unauthorised occupants or land grabbers.     

Dec 9, 2018 sclaw

2010(1) LAW HERALD (SC) 630 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. 1569 of…

Constitution

Constitution of India, 1950, Art. 300-A & 136–Pension–Freedom Fighters  Pension–Grant of Freedom Fighters’ pension– Respondent’s case had been recommended by two Collectors and the District Level Screening Committee–State Government has not disputed the respondent’s claim on facts–High Court granted pension–SC disinclined to interfere -Appeal by State by dismissed.            

Dec 9, 2018 sclaw

2010(1) LAW HERALD (SC) 628 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Harjit Singh Bedi The Hon’ble Mr. Justice T.S. Thakur Civil Appeal No. 4400 of…

Dowry Death

Indian Penal Code, 1860, S.304-B~Dowry Death-Soon before Death- What must be borne in mind is that the word “soon” does not mean “immediate”–A fair and pragmatic construction keeping in mind the great social evil that has led to the enactment of Section 304-B IPC would make it clear that the expression is a relative expression—Time-lags may differ from case to case—All that is necessary is that the demand for dowry should not be stale but should be the continuing cause for the death of the married woman under Section 304-B. 

Dec 7, 2018 sclaw

2018(4) Law Herald (SC) 2735 : 2018 LawHerald.Org 1607 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ranjan Gogoi Hon’ble Mr. Justice Navin Sinha Hon’ble Mr. Justice K.M.…

Murder

Indian Penal Code, 1860, S.302–Murder–Motive–Son killed his father–Son nursed grudge against his father because of his share in the agricultural land—Motive to kill stood established—Conviction upheld.

Dec 7, 2018 sclaw

2018(4) Law Herald (SC) 2724 : 2018 LawHerald.Org 1605 IN THE SUPREME COURT OF INDIA Before                            Hon’ble Mr. Justice Ranjan Gogol                     Hon’ble Mr. Justice Navin Sinha Hon’ble Mr.…

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