Supreme Court of India Judgements

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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

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