Supreme Court of India Judgements

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

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

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