Supreme Court of India Judgements

46448 Judgements hosted as on 05/05/2024 - 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…

You missed

I P C

Penal Code, 1860 (IPC) – Sections 120-B read with Section 420 – Cheating – The case involves fraudulent transactions by accused in connivance with Indian Bank officials resulting in interest-free advances to the petitioners – The main issue is whether the petitioners were involved in cheating the bank and if they availed any undue benefit from the fraudulent transactions – The petitioners argued that they were not involved in the cheating, had not availed any undue benefit, and that the transactions were normal business dealings – The court dismissed the Special Leave Petitions, upholding the Trial Court’s conviction of the petitioners for cheating the bank through unauthorized transactions.

May 5, 2024 sclaw
Limitation

Limitation Act, 1963 – Section 5 – Condonation of Delay – Delay of 1663 days – The State of U.P. filed a SLP against an order dated 13.11.2009 by the Allahabad High Court, with a delay of 1,633 days – The main issue was the condonation of the significant delay in filing the SLP – The State argued that the delay was due to the time taken for obtaining legal opinion and permissions, and later, the realization that the appeal was not filed initially – The application for condonation of delay was dismissed, and consequently, the SLP was also dismissed – The court found the explanation for the delay unsatisfactory, especially since the State was aware of the High Court’s order when it was passed – The court did not find sufficient cause to condone the delay, leading to the dismissal of the SLP.

May 5, 2024 sclaw
Property Matters

Partition Suit – The dispute involves partition of properties left by Late ‘R’ with the main contention over roof rights of a property in Kota and another in Jaipur – The primary issue is the valuation of roof rights for further construction and the equal distribution of property among co-sharers – The appellants argue that the valuation report failed to assess the value of roof rights, which would affect the overall property valuation and entitlement of co-sharers – The respondents maintain that the property valuation and shares were appropriately determined by the approved Valuer and upheld by both the Trial Court and High Court – The Supreme Court dismissed the appeal, finding no merit in revaluating the property or altering the determined shares of the parties – The Court emphasized the importance of family ties over property disputes and suggested alternative dispute resolution methods for amicable settlements – The Court referenced the case of Afcons Infrastructure Limited vs. Cherian Varkey Construction Company Private Limited, advocating for ADR in family-related property disputes – The Supreme Court concluded that revisiting the valuation and partition would only prolong litigation and upheld the decisions of the lower courts.

May 5, 2024 sclaw
Constitution Municipal Laws

West Bengal Municipal(Building) Rules, 2007 – Rule 50 – Open spaces for building in areas other than municipalities in hill areas – The appellants challenge the High Court of Calcutta’s order regarding a contempt petition related to their residential property construction and its compliance with Rule 50 of Rules, 2007 – The appellants argue that the writ petition was a private matter and should not have been entertained by the High Court – They also claim that municipal authorities are unfairly pressuring them due to the contempt proceedings – The respondent claims that the appellants violated the sanctioned building plan, justifying the High Court’s direction for an enquiry – The Supreme Court allowed the appellants to challenge the enquiry report and show cause notice, ensuring their objections would be considered objectively without prejudice from the contempt or writ proceedings – The court expressed reservations about the High Court’s exercise of writ jurisdiction in a private dispute and suggested the civil court as the appropriate forum for grievances – The appeal was disposed of with the appellants given the liberty to challenge the enquiry report and show cause notice, without cost order.

May 5, 2024 sclaw