Supreme Court of India Judgements

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Month: November 2019

Service Matters
Service

Manipur Police Service Rules, 1965 – Rules 28, 28(i) and Rule 28(iii) – Seniority – Rule 28 of the MPS Rules, 1965 shows that seniority in the service shall be determined based on the date of appointment to the service – In particular Rule 28(i) of the MPS Rules, 1965 which is applicable to both promotees and direct recruits

Nov 19, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH K. MEGHACHANDRA SINGH AND OTHERS — Appellant Vs. NINGAM SIRO AND OTHERS — Respondent ( Before : R. Banumathi, A.S.Bopanna and Hrishikesh Roy, JJ.…

Will & Succession

Succession Act, 1925 – Sections 250, 263, 268, 276, 278, 283, 283(1)C and 283(1) – Probate of Will – Revocation of – If it is accepted that in probate proceedings persons who have been dis-inherited in the Will on mere no objection certificates by them without either being called by probate court to appear and certify their no objections or to file any pleading will lead to unsatisfactory result and may cause prejudice to persons who were not aware of the proceedings and are yet claimed to have submitted no objections

Nov 17, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANJU PURI — Appellant Vs. RAJIV SINGH HANSPAL — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ. ) Civil Appeal No. 8455…

Customs & Excise

Central Excise Act, 1944 – Section 11A – Recovery of duties not levied or not paid or short-levied or short-paid or erroneously refunded – Scheme of Section 11A does not contemplate that before issuance of any show cause notice, there must, prima facie determination or hearing.

Nov 17, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COMMISSIONER OF CENTRAL EXCISE, HALDIA — Appellant Vs. M/S. KRISHNA WAX (P) LTD. — Respondent ( Before : Uday Umesh Lalit and Vineet Saran,…

Constitution

Inter-State River Dispute Act, 1956 – Sections 3, 4, 9 and 11 – Use, control and distribution of waters of an Inter-State River – It must be stated that Section 3 of the Act postulates that a request be made in such form and manner as may be prescribed, whereafter the requisite power can be exercised by the Central Government

Nov 17, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF TAMIL NADU — Appellant Vs. STATE OF KARNATAKA AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and Vineet Saran, JJ.…

Consumer

Consumer Protection Act, 1986 – Sections 12 and 24A – Banking Regulation Act, 1949 – Imposition of costs -the Society would now be required to pay stamp duty at an enhanced rate, that by itself does not give any entitlement to seek relief against the Appellant

Nov 17, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE MANAGER, THE MAHARASHTRA STATE COOPERATIVE BANK LTD — Appellant Vs. FARMER BANK EMPLOYEES COOPERATIVE HOUSING SOCIETY LTD. AND OTHERS — Respondent ( Before…

Rent

East Punjab Urban Rent Restriction Act, 1949 – Sections 13-B and 18-A – Constitutional validity of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 – Right of Non-Resident Indians to initiate eviction under the summary procedure provided in Section 18-A of the Rent Act is not an unfettered and absolute right – Held such amendment, Constitutional

Nov 17, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH RAM KRISHAN GROVER AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Ranjan Gogoi, CJI, L. Nageswara Rao…

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