Supreme Court of India Judgements

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Month: December 2019

Arbitration

Arbitration and Conciliation Act, 1996 – Sections 34 and 34(4) – Arbitral award – Legislative intention of providing Section 34(4) in the Arbitration Act was to make the award enforceable, after giving an opportunity to the Tribunal to undo the curable defects HELD that ordinarily unintelligible awards are to be set aside, while the challenge on inadequacy of reasons, has to be adjudicated based on the degree of particularity of reasoning required having regard to the nature of issues falling for consideration.

Dec 22, 2019 sclaw

  SUPREME COURT OF INDIA FULL BENCH M/S. DYNA TECHNOLOGIES PVT. LTD. — Appellant Vs. M/S. CROMPTON GREAVES LTD. — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and…

Constitution

Constitution of India, 1950 – Article 142 – Complete justice – Provisions of Article 142 of the Constitution provide a unique power to the Supreme Court, to do “complete justice” between the parties, i.e., where at times law or statute may not provide a remedy, the Court can extend itself to put a quietus to a dispute in a manner which would befit the facts of the case. Divorce granted.

Dec 19, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MUNISH KAKKAR — Appellant Vs. NIDHI KAKKAR — Respondent ( Before : Sanjay Kishan Kaul and K.M. Joseph, JJ. ) Civil Appeal No. 9318…

Matrimonial

V IMP :: Supreme Court recently dissolved a marriage by exercising its inherent powers under Article 142 of the Constitution, even as it recognised that there is no statutory law for recognising irretrievable breakdown of marriage as a ground for divorce in India.- HELD “on the ground of irretrievable breakdown of marriage, if this is not a fit case to grant divorce, what would be a fit case!”

Dec 18, 2019 sclaw

Irretrievable breakdown of marriage: “Nothing remains in this marriage”, Supreme Court invokes Article 142 to grant divorce Rintu Mariam Biju December 18 2019 The Supreme Court recently dissolved a marriage by exercising its inherent powers…

Service Matters
Service

Candidate Not Estopped From Challenging Selection Process When Misconstruction Of Statutory Rules Is Alleged HELD candidate will not be estopped from challenging a selection process on the ground of having participated in it when there is allegation of “misconstruction of statutory rules and discriminating consequences arising therefrom”.

Dec 18, 2019 sclaw

Candidate Not Estopped From Challenging Selection Process When Misconstruction Of Statutory Rules Is Alleged : SC [Read Judgment] LIVELAW NEWS NETWORK 17 Dec 2019 7:58 PM In a notable judgment…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Sections 205 and 205 (2) – Dispensation with personal appearance/attendance – In the case of Bhaskar Industries Ltd. V. Bhiwani Denim & Apparels Ltd., (2001) 7 SCC 401, this Court has observed that if a Court is satisfied that in the interest of justice the personal attendance of an accused before it need not be insisted on, then the court has the power to dispense with the attendance of the accused – HELD consequently the application submitted by the appellant to dispense with his appearance before the learned Trial Court on all dates of adjournments and permitting his counsel to appear on his behalf is here by allowed on the conditions.

Dec 17, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PUNEET DALMIA — Appellant CENTRAL BUREAU OF INVESTIGATION, HYDERABAD — Respondent ( Before : Ashok Bhushan and M. R. Shah, JJ. ) Criminal Appeal…

Acquittal

Penal Code, 1860 (IPC) – Sections 34 and 302 – Murder – Common intention – Appeal against conviction and sentence – Appellant was present on the spot of the offence HELD In order to invoke the principle of joint liability in the commission of a criminal act as laid down in Section 34, the prosecution should show that the criminal act in question was done by one of the accused persons in furtherance of the common intention of all.

Dec 17, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VIRENDER — Appellant Vs. STATE OF HARYANA — Respondent ( Before : Mohan M. Shantanagoudar and K. M. Joseph, JJ. ) Criminal Appeal No.…

Contempt

Contempt Petition (Civil) -We do not see anything wrong in the process undertaken by the State Government in pursuance of various interim orders passed by this Court and also in pursuance of the Judgment and final order dated 25.07.20171. The fact that out of 12,091 candidates only few could be selected and the reasons for non-selection of rest of the candidates, were part of the record since October 2016.

Dec 15, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SANJAI KUMAR AND OTHERS — Appellant Vs. DR. PRABHAT KUMAR — Respondent ( Before : Uday Umesh Lalit and M. R. Shah, JJ. )…

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