Supreme Court of India Judgements

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Month: February 2020

Service Matters
Service

Indian Railway Establishment Manual – Clause 129 – Modified Assured Career Progression Scheme – Appointment – Entitlement to Financial upgradation-Tribunal would independently apply their mind to the facts and the legal position after calling upon the appellant, that is, the Southern Railway, Trivandrum and the respondents, that is, the original applicants before the Tribunal to file additional affidavits, if required and necessary

Feb 4, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. ROSAMMA BENNY AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Sanjiv Khanna, JJ.…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 427 – Penal Code, 1860 (IPC) – Sections 34, 392, 394 and 397 – Robbery – Sentence on offender already sentenced for another offence – Appellant is involved in sixteen criminal cases HELD Considering the report of the Probation Officer, illness of the mother of the appellant, his family background, facts and circumstances of the case and in the interest of justice, this is a fit case for exercising discretion in directing the sentence of imprisonment to run concurrently.

Feb 1, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VICKY @ VIKAS — Appellant Vs. STATE (GOVT. OF NCT OF DELHI) — Respondent ( Before : R. Banumathi and A.S. Bopanna, JJ. )…

Education

The Court (SC) hereby directs the PCI to give due recognition to such of the students who had been admitted in the past during the pendency of all proceedings upto the total intake capacity of 240 (180 in the first shift and 60 in the second shift) on account of the interim orders made. The PCI is, therefore, directed also to give consequential benefit of registration to such students who graduated in the concerned undergraduate courses.

Feb 1, 2020 sclaw

UPREME COURT OF INDIA DIVISION BENCH SHIRPUR EDUCATION SOCIETY THROUGH ITS PRINCIPAL — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : R. F. Nariman and…

Corporate

National Housing Bank Act, 1987 – Section 36 and 36 (A) – Reserve Bank of India Act, 1934 – Section 45(q)(a) – Insolvency and Bankruptcy Code, 2016 – Section 227 and 239(2)(zk) – Insolvency and Bankruptcy (Insolvency and Liquidation Proceedings of Financial Service Providers and Application to Adjudicatory Authority), Rules, 2019 Rule 5 and 6 – Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 – Regulation 6 – Administrator made a public announcement under Regulation 6 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 – On 04.12.2019, public depositors were included as a class of creditors under Section 21 (6A) (b) of the IBC HELD It open to the Appellants to raise all points and contentions before the Committee of Creditors, the Administrator and if necessary, the NCLT

Feb 1, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VINAY KUMAR MITTAL AND OTHERS — Appellant Vs. DEWAN HOUSING FINANCE CORPORATION LTD. AND OTHERS — Respondent ( Before : L. Nageswara Rao and…

Cr P C

Penal Code, 1860 (IPC) Sections 420 and 120-B – Prevention of Corruption Act, 1988 – Sections 13(1)(d) and 13(2) – Fake loan to relatives – . The respondents are beneficiary of the grant of cash credit limit when their father was the President of the Bank. The power under Section 482 of the Code of Criminal Procedure, 1973 cannot be exercised where the allegations are required to be proved in court of law.

Feb 1, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF MADHYA PRADESH — Appellant Vs. YOGENDRA SINGH JADON AND ANOTHER — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ.…

State Laws

Maharashtra Regional and Town Planning Act, 1966 – Section 37(1) and 154 – Demand of premium – Letter of Intent – In this case it is to be noted that the Letter of Intent was valid for a period of three months only – If, for any reason, delay is occurred in obtaining clearance from the Coastal Zone Management Authority, nothing prevented the appellants to make appropriate representation so as to keep the Letter of Intent alive. Appeal dismissed

Feb 1, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UTTAR BHARTIYA RAJAK SAMAJ PANCHAYAT BANGANGA RAJAK SAMAJ CO-OPERATIVE HOUSING SOCIETY (PROPOSED) AND ANOTHER — Appellant Vs. STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS…

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