Supreme Court of India Judgements

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Month: October 2019

I P C

Penal Code, 1860 (IPC) – Sections 326, 452 and 34 – Voluntarily causing grievous hurt by dangerous weapons – Enhancement of sentence – -This Court note that under the crime test, seriousness needs to be ascertained. The seriousness of the crime may be ascertained by (i) bodily integrity of the victim; (ii) loss of material support or amenity; (iii) extent of humiliation; and (iv) privacy breach.

Oct 28, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH STATE OF MADHYA PRADESH — Appellant Vs. UDHAM AND OTHERS — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and Ajay Rastogi, JJ.…

Arbitration

Arbitration and Conciliation Act, 1996 – Sections 16 and 37 – Arbitration agreement – Counter claim – Jurisdiction-Arbitrator might reject the counter claim for CENVAT invoices as not arbitrable and the counter claim beyond the scope of reference to arbitration – But to reject the counter claim at the threshold on the ground that the Arbitrator has no jurisdiction would not be proper

Oct 28, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH BHARAT PETROLEUM CORPORATION LIMITED — Appellant Vs. GO AIRLINES (INDIA) LIMITED — Respondent ( Before : R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ.…

State Laws

Delhi Electricity Reforms Act, 2000 and the Electricity Act, 2003. National Green Tribunal Act, 2010 – we are of the opinion that the direction issued by the Tribunal on 11.09.2019 shall be implemented and sewerage charges shall be introduced by the Government of NCT of Delhi as directed by the Tribunal.

Oct 28, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH TATA POWER DELHI DISTRIBUTION LTD. NDPL HOUSE — Appellant Vs. MANOJ MISRA AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant…

State Laws

U.P. Protection of Trees in Rural and Hills Areas Act, 1976.- Forest (Conservation) Act, 1980 -The provisions of the Forest Conservation Act are not applicable to Khasra No.605. We are in agreement with the findings recorded by the Tribunal that the land falling in Khasra No.605 is banjar or barren land and the provisions of the Forest Conservation Act is not applicable.

Oct 28, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CHANDRA PRAKASH BUDAKOTI — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. )…

Municipal Laws

Maharashtra Regional and Town Planning Act, 1966 – Held we have no hesitation in setting aside the order of the High Court in part and also set aside the finding recorded by the High Court that no deeming permission accrued under Regulation 6(4) of Development Control Regulations, 1991. In our opinion, deemed permission accrued, and concerning the determination of refuge area as per order dated 31.8.2016 passed by the Municipal Commissioner, no interference is called for

Oct 28, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHREE RAM URBAN INFRASTRUCTURE LTD AND ANOTHER — Appellant Vs. STATE OF MAHARASHTRA AND OTHER — Respondent ( Before : Arun Mishra and Vineet…

I P C

Penal Code, 1860 (IPC) – Sections 34, 201, 302, 120B and 364 – Criminal Procedure Code, 1973 (CrPC) – Sections 161 and 313 – Evidence Act, 1872 – Sections 10, 65-B(4) and 106 – Murder – Common intention – Merely observing that it has been proven that A-1 and A-5 were complicit in a conspiracy to murder the deceased is insufficient to conclude the existence of such a conspiracy.

Oct 28, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJENDER @ RAJESH @ RAJU — Appellant Vs. STATE (NCT OF DELHI) — Respondent ( Before : Mohan M. Shantanagoudar and Ajay Rastogi, JJ.…

Land Acquisition

Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Land Acquisition Act, 1894 – Sections 4, 5A and 6, 17(1) – De­notification- the land acquisition could not be said to be illegal in any manner. There is no room for making indulgence to quash the land acquisition proceedings.

Oct 28, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAGJIWAN COOP. GROUP HOUSING SOCIETY LTD. AND OTHERS — Appellant Vs. LT. GOVERNOR, NCT OF DELHI AND OTHERS — Respondent ( Before : Arun…

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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