Supreme Court of India Judgements

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Month: January 2020

State Laws

Haryana Ceiling of Land Holdings Act, 1972 – Section 8(3), 9 and 12(3) – Determination of surplus land – Appellants were not bonafide purchasers, they have purchased the land from “M” vide Sale deed dated 14.06.1989 i.e. much after land stood vested in the State Government and after the Orders were passed by the Commissioner and Financial Commissioner HELD Appeal dismissed

Jan 28, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KIRPAL SINGH AND OTHERS — Appellant Vs. KAMLA DEVI AND OTHERS — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ. ) Civil…

Election Laws

Criminal Procedure Code, 1973 (CrPC) – Section 340 – Bihar Panchayat Raj Act, 2006 – Sections 122 and 140 – Recounting of votes- HELDA declaration is issued under Section 140 of the Act that the election of respondent No. 1 as returned candidate is set aside being invalid, and instead we declare the appellant/election petitioner as having been duly elected having secured highest votes

Jan 28, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CHANDESHWAR SAW — Appellant Vs. BRIJ BHUSHAN PRASAD AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Civil Appeal…

Service Matters
Service

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 – Sections 2(n), 3, 9 and 11 – University Grants Commission (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015 – Regulations 5 and 8 – Sexual harassment at workplace – Termination – Whether the order issued under the signatures of ViceChancellor of the Central University of Kerala is simplicitor termination or exfacie stigmatic? HELD exfacie stigmatic, employee reinstated.  

Jan 28, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH DR. VIJAYAKUMARAN C.P.V. — Appellant Vs. CENTRAL UNIVERSITY OF KERALA AND OTHERS — Respondent ( Before : A.M. Khanwilkar, Hemant Gupta and Dinesh Maheshwari,…

Consumer

No Obligation On Airlines To Escort Passenger To Boarding Gate After Issuing Boarding Pass: SC HELD “After boarding pass is issued, the passenger is expected to proceed towards security channel area and head towards specified boarding gate on his own. There is no contractual obligation on the airlines to escort every passenger, after the boarding pass is issued to him at the check­in counter, up to the boarding gate

Jan 28, 2020 sclaw

The Supreme Court has observed that there is no obligation on the airlines to escort every passenger after issuing him/her a boarding pass at the check-in counter until he/she reaches…

Corporate

Insurance Act, 1938 – Section 64(VB)(3) – No risk can be assumed by the insurer unless the premium payable is received in advance – HELD Proposal does not conclude the contract – A contract postulates an agreement between the parties – In the present case, the insurer while issuing the new policy at a fresh location specifically excluded STFI perils and refunded the premium – To hold to the contrary would be rewriting the agreement between the parties and creating a fresh contract

Jan 28, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHREE AMBICA MEDICAL STORES AND OTHERS — Appellant Vs. THE SURAT PEOPLE’S CO-OPERATIVE BANK LIMITED AND OTHERS — Respondent ( Before : Dr Dhananjaya…

Corporate

Debts Recovery Tribunal has no power to condone the delay in filing application for review under the Recovery of Debts and Bankruptcy Act 1993(RDB Act) HELD provisions of Limitation Act, including the provision to condone delay under Section 5 of it, apply only to original applications filed under Section 19 of the RDB Act and not to review applications.

Jan 27, 2020 sclaw

DRT Has No Power To Condone Delay In Filing Review Application Under RDB Act : SC [Read Judgment] LIVELAW NEWS NETWORK 27 Jan 2020 12:59 PM The Supreme Court has…

I P C

Criminal Trial Law Does Not Taboo Adopting Of The Alternate Pleas By Accused HELD a murder accused can take a plea that he was not at all involved in the act which resulted in the death of the deceased, but that does not deprive him/her of the right to establish the fact that the case against him would still be embraced within any of the exceptions under Section 300 IPC.

Jan 26, 2020 sclaw

[Criminal Trial] Law Does Not Taboo Adopting Of The Alternate Pleas By Accused: SC [Read Judgment] LIVELAW NEWS NETWORK 26 Jan 2020 8:27 PM The law does not taboo adopting…

Contempt

Initiation of contempt proceedings – Notifications providing for consequential seniority in promotion to the Members of the SC/ST communities – In the absence of any quantifiable data relating to the issue of backwardness and inadequacy of representation of the concerned classes in public employment, no benefit of consequential seniority could be extended

Jan 25, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH BAJRANG LAL SHARMA — Appellant Vs. C.K. MATHEW AND OTHERS — Respondent ( Before : Uday Umesh Lalit, Indira Banerjee 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