December 2019 - Page 3 of 10 - Supreme Court of India Judgements

November 22, 2024 9:36 pm

Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1985 – Rules 22 and 23 – Notification of Vacancies to the Employment Exchange – Appointment – There is no denial on the part of the respondents that the names were called from the Employment Exchange by the appointing authority before conducting the selection and the Employment Exchange had forwarded the twelve names which also included the name of appellant HELD appointment of the appellant cannot be said to have been made in disregard to the Rules

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RANA PRATAP SINGH — Appellant Vs. VITTIYA EVAM LEKHA ADHIKARI, DISTRICT BASIC EDUCATION OFFICER AND OTHERS — Respondent ( Before : Ashok Bhushan and…

C P C

Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertaking Act, 1993 – Section 3 read with Section 4 – Civil Procedure Code, 1908 (CPC) – Order 7 Rule 6 – Claim for interest – Exemption – Proviso of Order VII Rule 6, which has been added by Act 104 of 1976, which provided that the Court may permit the plaintiff to claim exemption from the law of limitation on any ground not set out in the plaint, if such ground is not inconsistent with the grounds set out in the plaint

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S SHANTI CONDUCTORS (P) LTD. — Appellant Vs. ASSAM STATE ELECTRICITY BOARD AND OTHERS — Respondent ( Before : Ashok Bhushan, S. Abdul Nazeer…

Service

Constitution of India, 1950 – Article 14 – Claim for Selection Grade and Special Grade scales of pay – It is a settled legal proposition that Article 14 of the Constitution is not meant to perpetuate illegality or fraud, even by extending the wrong decisions made in other cases – The said provision does not envisage negative equality but has only a positive aspect

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH P. SINGARAVELAN AND OTHERS — Appellant Vs. THE DISTRICT COLLECTOR, TIRUPPUR AND DT AND OTHERS — Respondent ( Before : Mohan M. Shantanagoudar and…

State Laws

Puducherry Excise Act, 1970 – Section 10 – Puducherry Excise Rules, 1970 – Rule 122 and 209 – Shifting of shops – Expression ‘from one place to another’ is not restrictive, and does not curtail the power of the Licensing Authority to grant permission for shifting the licensed shop from one region to another in the Union Territory of Puducherry so long as the conditions stipulated by the Excise Act and Excise Rules, as also the conditions for grant of a license are complied with

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S CEE CEE & CEE CEE’S — Appellant Vs. K. DEVAMANI AND OTHERS — Respondent ( Before : Uday Umesh Lalit and Indu Malhotra,…

I P C

Penal Code, 1860 (IPC) – Sections 166, 165, 420, 468 and 471 – Prevention of Corruption Act, 1947 – Sections 5(1)(d) and 5(2) – Cheating – Appeal against conviction and sentence – Appellant knowing fully well that the invoices/bills were fake and fabricated, were presented on behalf of the firm to the bank and thus cheated the bank – Crime test requires to evaluate and provide adequate deference to factors such as role of the accused and his position within the rank of conspirators, among other things

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH MAYANK N SHAH — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : N.V. Ramana, R. Subhash Reddy and B.R. Gavai,…

I P C

SC Sets Aside Death Sentence In A 13 Day Trial, Says ‘Fast Tracking Must Not Result In Burial Of Justice’ – HELD expeditious disposal of criminal cases must never result in burying the cause of justice. The bench comprising Justice Uday Umesh Lalit, Justice Indu Malhotra and Justice Krishna Murari set aside a death penalty awarded to a rape and murder accused in a trial that finished within thirteen days.

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH ANOKHI LAL — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Uday Umesh Lalit, Indu Malhotra and Krishna Murari, JJ. )…

I P C

Penal Code, 1860 (IPC) – Sections 302, 307, 147, 148, 149 and 452 – Murder – Unlawful assembly – Common object – Appeal against acquittal – Medical evidence and ocular evidence – It is trite law that minor variations between medical evidence and ocular evidence do not take away the primacy of the latter.

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTAR PRADESH — Appellant Vs. RAVINDRA @ BABLOO AND OTHERS — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ. )…

I P C

Nirbhaya gang rape and murder case – IPC – Sections 376(2)(g), 120-B, 377, 365, 366, 395, 397, 302, 307, 412 – Unnatural sex and inserted iron rod in the private parts of the prosecutrixHELD Review Petition – In the judgment dated 05.05.2017, this Court held that the case is falling within “the rarest of rare cases”

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH AKSHAY KUMAR SINGH — Appellant Vs. STATE (NCT OF DELHI) — Respondent ( Before : R. Banumathi, Ashok Bhushan and A. S. Bopanna, JJ.…

I P C

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Section 379 – Uttar Pradesh Minor Mineral (Concession) Rules, 1963 – Rules 3, 57 and 7 – Mines and Minerals (Development and Regulation) Act, 1957 – Sections 4 and 21 – Prevention of Damage to Public Property Act, 1984 – Sections 3 and 4 – Theft of mining sand – Quashing of complaint – Mere violation of Section 4 which is an offence cognizable only under Section 21 of the Mines Regulation Act and not under any other law – There is no bar on the Court from taking cognizance of the offence under Section 379 of the IPC

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KANWAR PAL SINGH — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : S. Abdul Nazeer and Sanjiv Khanna,…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Sections 154 and 164 – Registration of FIR – Recording of confessions and statements – Section 154 of the Cr.P.C. provides about the information in cognizable cases and in effect registration of First Information Reports. The first Proviso to the sub-Section (1) of Section 154 inserted by the Amendment Act of 2013 and subsequently amended by the Amendment Act of 2018, provides for registration of First Information Report in cases of rape and sexual offences by a woman police officer or any woman officer

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH IN RE : ASSESSMENT OF THE CRIMINAL JUSTICE SYSTEM IN RESPONSE TO SEXUAL OFFENCES ( Before : S.A. Bobde, CJI, B.R. Gavai and Surya…

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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

Month: December 2019

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