Supreme Court of India Judgements

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Month: February 2020

Constitution

Boycott Of Courts Can’t Be Justified As Freedom Of Speech & Expression : SC On Lawyers’ Strikes HELD “To go on strike/boycott courts cannot be justified under the guise of the right to freedom of speech and expression under Article 19(1)(a) of the Constitution. Nobody has the right to go on strike/boycott courts. Even, such a right, if any, cannot affect the rights of others and more particularly, the right of Speedy Justice guaranteed under Articles 14 and 21 of the Constitution”,

Feb 29, 2020 sclaw

Boycott Of Courts Can’t Be Justified As Freedom Of Speech & Expression : SC On Lawyers’ Strikes [Read Judgment] LIVELAW NEWS NETWORK 28 Feb 2020 5:11 PM The Supreme Court…

Corporate

Tender – Installation and maintenance of 74 videoscopes at various field formations of CBEC – direct that out of the payment to be made to M/s. ASVA Power Systems India Pvt. Ltd., a sum of Rs. 63 lakhs shall be deducted and orders with regard to that amount shall be passed after hearing the parties in detail at the time of final hearing.

Feb 29, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COMMISSIONER, DIRECTORATE OF LOGISTICS — Appellant Vs. ALMIGHTY TECHSERV, PROPRIETOR MR. MANISH DALMIA AND ANOTHER — Respondent ( Before : Deepak Gupta and Aniruddha…

Corporate

IMP ::: Insolvency and Bankruptcy Code, 2016 – Sections 5(8) and 43 – Mortgage by a Corporate debtor to secure debts of third party not “Financial Debt” within meaning of Section 5(8) – Whether lenders of Jaiprakash Associates Limited could be treated as financial creditors, HELD it cannot be said that the corporate debtor owes them any ‘financial debt’ within the meaning of Section 5(8) of the Code; and hence, such lenders of Jaiprakash Associates Limited do not fall in the category of the ‘financial creditors’ of the corporate debtor Jaypee Infratech Limited – Appeals are allowed

Feb 27, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANUJ JAIN INTERIM RESOLUTION PROFESSIONAL FOR JAYPEE INFRATECH LIMITED — Appellant Vs. AXIS BANK LIMITED ETC. ETC. — Respondent ( Before : A.M. Khanwilkar…

Cr P C

Criminal Procedure Code, 1973 (CrPC) Section 340 read with 195 – Penal Code, 1860 (IPC) – Sections 420, 467, 468 and 471 – Production of forged documents before the Revenue Court – Larger bench to consider (i) Whether Section 340 of the Code of Criminal Procedure, 1973 mandates a preliminary inquiry and an opportunity of hearing to the would-be accused before a complaint is made under Section 195 of the Code by a Court? (ii) What is the scope and ambit of such preliminary inquiry?

Feb 27, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF PUNJAB — Appellant Vs. JASBIR SINGH — Respondent ( Before : Ashok Bhushan and Mohan M. Shantanagoudar, JJ. ) Criminal Appeal…

State Laws

Bihar and Orissa Public Demands Recovery Act, 1914 – Section 28 – Deposit of amount – Word “deposit” used in the Section, is to be understood and mean that deposit is to be made either, before making an application, or simultaneously with the application within the prescribed time of thirty days

Feb 26, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NARAYAN YADAV (D) THR.LRS. — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : L. Nageswara Rao and R. Subhash…

Service Matters
Service

Life Insurance Corporation of India (Staff) Regulations, 1960 – Regulations 39(1), 39(4)(i) and 39(4) – Penalty imposed on employee on the grounds of conduct which had led to a conviction on a criminal charge – Where the respondent was convicted of various criminal offences and subsequently, a notice to show cause was issued – HELD DB of high court was in error to hold the action on notice pending, decision of criminal appeal

Feb 26, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH LIFE INSURANCE CORPORATION OF INDIA — Appellant Vs. MUKESH POONAMCHAND SHAH — Respondent ( Before : Dr. Dhananjaya Y Chandrachud and Hemant Gupta, JJ.…

You missed

I B C

Insolvency and Bankruptcy Code, 2016 – Section 5(7) – “financial creditor” – The appeals challenge judgments related to the status of certain creditors of M/s. Mount Shivalik Industries Limited under the Insolvency and Bankruptcy Code, 2016 (IBC) – The primary issue is whether the respondents are financial creditors or operational creditors within the meaning of the IBC – The appellants argue that the respondents are operational creditors, as the agreements indicate services rendered to promote the corporate debtor’s products – The respondents contend that the agreements were a means to raise finance, making them financial creditors due to the interest-bearing security deposits – The Court upheld the NCLAT’s decision, recognizing the respondents as financial creditors based on the commercial effect of the transactions – The Court examined the true nature of the transactions and found that the arrangements had the commercial effect of borrowing, satisfying the criteria for financial debt under the IBC – The Court applied the definition of financial debt and operational debt from the IBC, emphasizing the disbursal against the consideration for the time value of money – The appeals were dismissed, confirming the respondents’ status as financial creditors and allowing the resolution process to continue accordingly – The Court’s detailed analysis affirmed the NCLAT’s interpretation of the IBC provisions.

Apr 28, 2024 sclaw
Family Court I P C

“Husband Has No Right On Wife’s Stridhan” Matrimonial Law – The appeal concerns a matrimonial dispute involving misappropriation of gold jewellery and monetary gifts – The appellant, a widow, married the first respondent, a divorcee, and alleged misappropriation of her jewelry and money by the respondents – The core issue is whether the appellant established the misappropriation of her gold jewellery by the respondents and if the High Court erred in its judgment – The appellant claimed that her jewellery was taken under the pretext of safekeeping on her wedding night and misappropriated by the respondents to settle their financial liabilities – The respondents denied the allegations, stating no dowry was demanded and that the appellant had custody of her jewellery, which she took to her paternal home six days after the marriage – The Supreme Court set aside the High Court’s judgment, upheld the Family Court’s decree, and awarded the appellant Rs. 25,00,000 as compensation for her misappropriated stridhan – The Court found the High Court’s approach legally unsustainable, criticizing it for demanding a criminal standard of proof and basing findings on assumptions not supported by evidence – The Court emphasized the civil standard of proof as the balance of probabilities and noted that the appellant’s claim for return of stridhan does not require proof of acquisition – The Supreme Court concluded that the appellant had established a more probable case and directed the first respondent to pay the compensation within six months, with a 6% interest per annum in case of default.

Apr 28, 2024 sclaw
Consumer

”Eggshell Skull Rule Applied: Supreme Court Holds Hospital Liable for Post-Surgery Complications” Consumer Law – Medical Negligence – Appellant-Jyoti Devi underwent an appendectomy at Suket Hospital, but suffered continuous pain post-surgery – A needle was later found in her abdomen, leading to another surgery for its removal – The case revolves around medical negligence, deficient post-operative care by the hospital, and the determination of just compensation for the claimant-appellant – The claimant-appellant sought enhancement of compensation for the pain, suffering, and financial expenses incurred due to medical negligence – The respondents argued against the presence of the needle being related to the initial surgery and contested the amount of compensation – The Supreme Court restored the District Forum’s award of Rs.5 lakhs compensation, with 9% interest, and Rs.50,000 for litigation costs – The Court applied the ‘eggshell skull’ rule, holding the hospital liable for all consequences of their negligent act, regardless of the claimant’s pre-existing conditions – The Court emphasized the benevolent nature of the Consumer Protection Act and the need for just compensation that is adequate, fair, and equitable – The Supreme Court allowed the appeal, setting aside the lower commissions’ awards and reinstating the District Forum’s decision for just compensation.

Apr 28, 2024 sclaw
Corruption

Prevention of Corruption Act, 1988 – Section 7(a) – Taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence – The appeal challenges the High Court of Karnataka’s decision to quash an FIR against respondent for alleged bribery, based on a complaint by the appellant – The main issue is whether the High Court was correct in quashing the FIR, which was based on allegations of bribery and corruption against the respondent – The Supreme Court found the High Court’s decision legally unsustainable, noting that it failed to consider direct evidence, such as a pendrive, indicating the respondent’s complicity – The Supreme Court allowed the appeal, quashed the High Court’s judgment, and restored the FIR for further legal proceedings.

Apr 28, 2024 sclaw