Supreme Court of India Judgements

46670 Judgements hosted as on 9/12/2024 - Search (FREE), Subscribe, Read & Download

Month: March 2020

Constitution

Constitution of India, 1950 – Articles 370 and 370(2) – Abrogation of Article 370 – Refering the issue of scrapping Article 370 in Jammu and Kashmir to a larger bench – There is no conflict between the judgments in the Prem Nath Kaul v. State of Jammu and Kashmir, AIR 1959 SC 749 and the Sampat Prakash v. State of Jammu and Kashmir, AIR 1970 SC 1118 – Plea of the counsel to refer the present matter to a larger Bench is rejected.

Mar 3, 2020 sclaw

SUPREME COURT OF INDIA CONSTITUTION BENCH DR. SHAH FAESAL AND OTHERS — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : N.V. Ramana, Sanjay Kishan Kaul, R.…

State Laws

Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 – Sections 161 and 157-B – Transfer of lands by persons belonging to Scheduled Tribe – HELD there is clear bar under Section 157-B of the Act for transfer of land by a Scheduled Tribe even by way of exchange as the word “or otherwise” indicates. When there is a clear statutory provision barring the transfer, it was not open to the High Court to substitute its view in the place of that provision.

Mar 3, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH ADDITIONAL COMMISSIONER REVENUE AND OTHERS — Appellant Vs. AKHALAQ HUSSAIN AND ANOTHER — Respondent ( Before : R. Banumathi, S. Abdul Nazeer and A.S.…

SARFAESI

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Sections 511, 109, 34, 120­B, 406, 409, 420, 405, 417 and 426 – Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI) – Section 13(2) – Quashing of criminal proceeding – HELD The SARFAESI Act is a complete code in itself which provides the procedure to be followed -A criminal proceeding would not be sustainable in a matter of the present nature, exposing the appellants even on that count to the proceedings before the Investigating Officer or the criminal court would not be justified

Mar 3, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH K. VIRUPAKSHA AND ANOTHER — Appellant Vs. THE STATE OF KARNATAKA AND ANOTHER — Respondent ( Before : R. Banumathi, S. Abdul Nazeer and…

Matrimonial

Hindu Marriage Act, 1955 – Sections 9, 13 and 13(1)(ia) – Civil Procedure Code, 1908 (CPC) – Section 100 – Dissolution of marriage – Restitution of Conjugal rights – Unsubstantiated allegation of dowry demand or such other allegation has been made – Husband and his family members are exposed to criminal litigation and ultimately it is found that such allegation is unwarranted and without basis and if that act of the wife itself forms the basis for the husband to allege that mental cruelty

Mar 3, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH MANGAYAKARASI — Appellant Vs. M. YUVARAJ — Respondent ( Before : R. Banumathi, S. Abdul Nazeer and A.S. Bopanna, JJ. ) Civil Appeal Nos.…

C P C

Civil Procedure Code, 1908 (CPC) – Sections 92 and 92(1) – Public Charities – Public charity is perpetual and the Court is the guardian of a charity HELD If in respect of a trust which had set up a hospital, a request was made for framing of a proper scope of administration by appointing trustee from medical profession and from public for proper and effective administration of the Trust, the matter would definitely fall within the scope of Section 92 of the Code

Mar 3, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ASHOK KUMAR GUPTA AND ANOTHER — Appellant Vs. M/S. SITALAXMI SAHUWALA MEDICAL TRUST AND OTHERS — Respondent ( Before : Uday Umesh Lalit and…

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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