Supreme Court of India Judgements

46660 Judgements hosted as on 19/11/2024 - Search (FREE), Subscribe, Read & Download

Month: December 2019

Cr P C

Decided on : 05-12-2019 – [Section 197 CrPC] No Protection Of Sanction Where The Acts Are Performed Using The Public Office As A Mere Cloak For Unlawful Gains HELD “The High Court was also not justified in observing ‘that the protection available to a public servant while in service, should also be available after his retirement’.”

Dec 8, 2019 sclaw

[Section 197 CrPC] No Protection Of Sanction Where The Acts Are Performed Using The Public Office As A Mere Cloak For Unlawful Gains [Read Judgment] BY: ASHOK KINI8 Dec 2019…

Murder

Decided on : 05-12-2019 Penal Code, 1860 (IPC) – Sections 120B, 302, 201, 34 – Arms Act, 1959 – Sections 25, 27, 54 and 59 – Criminal Procedure Code, 1973 (CrPC) – Sections 223, 227, 228 and 391 – Evidence Act, 1872 – Sections 8 and 10 – After the commission of the crime, accused absconded and did not join the investigation – Prosecution has made out a strong prima facie case and the materials on record are sufficient to frame charges against accused.

Dec 8, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF NCT OF DELHI — Appellant Vs. SHIV CHARAN BANSAL AND OTHERS — Respondent ( Before : Indu Malhotra and R. Subhash Reddy,…

Bail Declined

Decided on : 05-12-2019 Criminal Procedure Code, 1973 (CrPC) – Sections 161 and 439 – Penal Code, 1908 (IPC) – Sections 147, 148, 149, 302 and 397 – Murder – Common intention – Bail granted by High Court – Appeal against – Merely recording “having perused the record” and “on the facts and circumstances of the case” does not sub-serve the purpose of a reasoned judicial order.

Dec 8, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAHIPAL — Appellant Vs. RAJESH KUMAR @ POLIA AND ANOTHER — Respondent ( Before : Dr Dhananjaya Y Chandrachud and Hrishikesh Roy, JJ. )…

Service Matters
Service

Decided on : 05-12-2019 – Denial of voluntary retirement does not mitigate the legal consequences that flow from resignation – Denial of voluntary retirement cannot be invoked before this Court to claim pensionary benefits when the first respondent has admittedly resigned. Even if the first respondent had served twenty years, under Rule 26 of the CCS Pension Rules his past service stands forfeited upon resignation.

Dec 8, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BSES YAMUNA POWER LTD.— Appellant Vs. SH. GHANSHYAM CHAND SHARMA AND ANOTHER — Respondent ( Before : Dr Dhananjaya Y Chandrachud and Hrishikesh Roy,…

Service Matters
Service

Decided on : 06-12-2019 – Uttar Pradesh Jal Nigam Subordinate Engineering Service Regulations, 1978 – Regulations 16(2), 17, 18, 20 and 23 – Appointment – Determination of Seniority – Method of giving appointment to the senior most person of each category is only a fortuitus circumstance as such appointments were made dehors the merit.

Dec 8, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DHARMENDRA PRASAD AND OTHERS — Appellant Vs. SUNIL KUMAR AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. )…

Service Matters
Service

Decided on : 06-12-2019 – Service law – Dismissal – Demand and acceptance of illegal gratification -It is settled law that interference with the orders passed pursuant to a departmental inquiry can be only in case of ‘no evidence’ – Sufficiency of evidence is not within the realm of judicial review

Dec 8, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF BIHAR AND OTHERS — Appellant Vs. PHULPARI KUMARI — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. )…

Labour Cases

Decided on : 06-12-2019 After having accepted the appointment in FCI as per the Office Order dated 18.09.1973, it is not open to the Appellant-Union to take up the cause of the work charge employees and claim on their behalf benefits similar to those granted to the regular employees. – Appeals dismissed.

Dec 8, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KANDLA PORT WORKERS UNION @APPELANT Vs. FCI AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. ) Civil Appeal…

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