Supreme Court of India Judgements

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Month: March 2020

Environment

Registration of vehicles – As per the details of vehicles and chassis number filed by learned counsel, pursuant to this Court’s order, as they have already been purchased and are BS-IV compliant, as a one time measure they are ordered to be registered within ten days of lifting of lock-down in the city concerned,

Mar 30, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NORTH DELHI MUNICIPAL CORPORATION — Appellant Vs. GNCTD — Respondent ( Before : Arun Mishra and Deepak Gupta, JJ. ) Civil Appeal No(s). 4908-4909/2019…

Bail Granted

Bail – Humanitarian grounds – There is no member of the family who is available to look after the spouse of the applicant and she is presently in the care of domestic staff – Applicant’s spouse had undergone three invasive open heart cardiac surgeries in the past and that she suffers from other serious medical conditions – In the past, when the applicant was released on interim bail, he had complied with the conditions which were imposed by the Court and had returned to custody as directed

Mar 30, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUBRATA BHATTACHARYA — Appellant Vs. SECURITIES AND EXCHANGE BOARD OF INDIA AND OTHERS — Respondent ( Before : D.Y. Chandrachud and Surya Kant, JJ.…

Bail Granted

Penal Code, 1860 – Sections 420, 467, 468 and 471 – Grant of interim bail – Medical grounds – Applicant is a builder who is alleged to have defrauded nearly 1400 persons and to have collected an amount of over Rs 40 crores – Since the applicant has been in custody for over three and half years and has suffered from cancer for which he had to undergo surgery – It appropriate and proper to direct release of the applicant on interim bail for a period of six weeks

Mar 30, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AZAM KHAN — Appellant Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : D.Y. Chandrachud and Surya Kant, JJ. ) I.A. No.47747/2020 in…

Constitution

Measures for protection of health and welfare of the prisoners to restrict the transmission of COVID-19 – HELD Taking into consideration the possibility of outside transmission, this Court directs that the physical presence of all the undertrial prisoners before the Courts must be stopped forthwith and recourse to video conferencing must be taken for all purposes – Also, the transfer of prisoners from one prison to another for routine reasons must not be resorted except for decongestion to ensure social distancing and medical assistance to an ill prisoner

Mar 28, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH IN RE: CONTAGION OF COVID 19 VIRUS IN PRISONS ( Before : Sharad Arvind Bobde, C.J.I, L. Nageswara Rao and Surya Kant, JJ. )…

Evidence Act

Application Not Necessary For Producing Secondary Evidence : SC HELD foundation of leading of secondary evidence, either in the plaint or in evidence, the secondary evidence cannot be ousted for consideration only because an application for permission to lead secondary evidence was not filed.”

Mar 27, 2020 sclaw

Application Not Necessary For Producing Secondary Evidence : SC [Read Judgment] LIVELAW NEWS NETWORK 27 March 2020 3:38 PM In a judgment delivered on March 19, the Supreme Court has…

Constitution

Coronavirus: Consider bail for all undertrials facing up to 7 years in jail to decongest prisons, Supreme Court to states HELD “…the State/Union Territory could consider the release of prisoners who have been convicted or are undertrial for offences for which prescribed punishment is up to 7 years or less”,

Mar 24, 2020 sclaw

  Coronavirus: Consider bail for all undertrials facing up to 7 years in jail to decongest prisons, Supreme Court to states “…the State/Union Territory could consider the release of prisoners…

State Laws

West Bengal Government Premises (Tenancy Regulation) Act, 1976 – Section 2(a) and 2(c) – Eviction proceedings – HELD Lease was in respect of three plots of land which did not contain any building and these plots of land do not satisfy the requirements of definition of “Government premises” within the meaning of Section 2(a) read with Section 2(c) of the Act. – Eviction proceedings initiated by the Corporation against respondent No.1 under the Act was without jurisdiction.

Mar 22, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH WEST BENGAL SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD. &ORS. — Appellant Vs. M/S. SONA PROMOTERS PVT. LTD. &ORS. — Respondent ( Before : S.…

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