Supreme Court of India Judgements

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Month: November 2019

Service Matters
Service

Service Law – One Man Commission – Revision of pay-scales – The 6th Central Pay Commission comprising of experts in the field had recommended certain pay-scales for various posts – HELD but if further anomalies were found which called for action on part of the Government, any exercise to reconsider the matter by the State Government could not be faulted nor could the constitution of the PGRC (Pay Grievance Redressal Cell) be said to be invalid or illegal –

Nov 28, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH TAMIL NADU RURAL DEVELOPMENT ENGINEERS AND ASSISTANT ENGINEERS ASSOCIATION — Appellant Vs. GOVERNMENT OF TAMIL NADU AND OTHERS — Respondent ( Before : Uday…

Municipal Laws

Body Corporates Like City Municipal Council/Corporation Can Be Prosecuted U/s 47 Water (Prevention and Control of Pollution) Act HELD “Offences by body corporate like City Municipal Council are covered under Section 49 treating it to be offence as by company as provided in Section 47.”

Nov 28, 2019 sclaw

Body Corporates Like City Municipal Council/Corporation Can Be Prosecuted U/s 47 Water (Prevention and Control of Pollution) Act: SC [Read Judgment] “Offences by body corporate like City Municipal Council are…

Arbitration

SC Strikes Down Section 87 Of Arbitration & Conciliation Act Inserted By 2019 Amendment HELD “The retrospective resurrection of an automatic-stay not only turns the clock backwards contrary to the object of the Arbitration Act, 1996 and the 2015 Amendment Act, but also results in payments already made under the amended Section 36 to award-holders in a situation of no-stay or conditional-stay now being reversed”

Nov 27, 2019 sclaw

SC Strikes Down Section 87 Of Arbitration & Conciliation Act Inserted By 2019 Amendment In a significant judgment, the Supreme Court on Wednesday struck down Section 87 of the Arbitration…

Arbitration

Issue Of Limitation Not To Be Examined While Considering Application Seeking Appointment Of Arbitrator HELD “The issue of limitation is a jurisdictional issue, which would be required to be decided by the arbitrator under Section 16, and not the High Court at the pre¬reference stage under Section 11 of the Act”

Nov 27, 2019 sclaw

Issue Of Limitation Not To Be Examined While Considering Application Seeking Appointment Of Arbitrator: SC [Read Judgment] BY: ASHOK KINI27 Nov 2019 8:35 PM “The issue of limitation is a…

Corruption

Prevention of Corruption Act, 1988 – Sections 7, 13 and 19(1) – Demand of bribe to provide the electricity meter – Conviction and sentence – Appeal against – Recovery of the money from the pocket of the appellant has also been proved without doubt – Money was demanded and accepted not as a legal remuneration but as a motive or reward to provide electricity connection – Appeal dismissed

Nov 27, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VINOD KUMAR GARG — Appellant Vs. STATE (GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI) — Respondent ( Before : Indu Malhotra and Sanjiv Khanna,…

Corporate

Telegraph Act, 1883 – Sections 16, 16(1) to 16(4) read with Section 10 – Electricity Act, 2003 – Section 164 – Construction of electricity transmission – Injunction – Appeal against – HELD monetary compensation which we will not like to adjudicate and would leave this issue open, given the order of the District Magistrate, Thane and as the present appeal is directed against an interim order. Continuation of injunction is not warranted and justified in law.

Nov 27, 2019 sclaw

  SUPREME COURT OF INDIA FULL BENCH CENTURY RAYON LIMITED @APPELLLANT — Appellant Vs. IVP LIMITED AND OTHERS — Respondent ( Before : N.V. Ramana, Sanjiv Khanna and Krishna Murari,…

Constitution

:……….it is clear that schemes which extinguish local water bodies albeit with alternatives, as provided in the 2016 Government Order by the State of UP, are violative of Constitutional principles and are liable to be struck down – The allotment of all water bodies or any other similar third party is held to be illegal and the same is hereby quashed.”

Nov 26, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JITENDRA SINGH — Appellant Vs. MINISTRY OF ENVIRONMENT AND OTHERS — Respondent ( Before : Arun Mishra and Surya Kant, JJ. ) Civil Appeal…

Acquittal

“…………..there is no evidence to show that the appellant did not obey the command of PW-30 or PW-29-Superintendent of Police who were present on the spot for issuing directions and commands – There is no evidence to prove that the appellant omitted to do any act to sustain the conviction under Section 217 IPC” – Appellant acquitted.

Nov 26, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH V. RAJARAM — Appellant Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE CBI/SCB — Respondent ( Before : R. Banumathi And A.S. Bopanna, JJ.…

I P C

Penal Code, 1860 (IPC) – Section 304B and Section 498A – Evidence Act, 1872 – Section 113A – Cruelty – Suicide – Presumption – Merely because an accused is found guilty of an offence punishable under Section 498A of the IPC and the death has occurred within a period of seven years of the marriage, the accused cannot be automatically held guilty for the offence punishable under Section 306 of the IPC by employing the presumption under Section 113A of the Evidence Ac

Nov 26, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GURJIT SINGH — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : Navin Sinha and B.R. Gavai, JJ. ) Criminal Appeal Nos. 1492-1493…

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