Supreme Court of India Judgements

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

Month: March 2020

Election Laws

Management of recognised Non­ Government Madrasahs (Aided and Unaided) Rules, 2002 – Rule 8 – Appointment of Administrator – Managing Committees of the Madrasahs failed to initiate the process of election for reconstitution of the Committee within the prescribed period – No reason to interfere with the orders of the single judge of the High Court

Mar 22, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH THE MANAGING COMMITTEE, BHERAMARI A.M. HIGH MADRASAH & ANR. — Appellant Vs. THE STATE OF WEST BENGAL & ORS. — Respondent ( Before…

Municipal Laws

Mumbai Municipal Corporation Act, 1888 – Section 44 – Constitution of India, 1950 – Article 285 – Property tax – Liability -HELD This Court allow these appeals set aside the judgment of the High Court and held that the appellant is exempted and not liable to pay property tax under 1888 Act. However, the appellant is liable to pay services charges for the services rendered by the Corporation and it shall be open for the respondents to conduct an enquiry in accordance with provision of Section 144 of 1888

Mar 22, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH FOOD CORPORATION OF INDIA — Appellant Vs. BRIHANMUMBAI MAHANAGAR PALIKA AND OTHERS — Respondent ( Before : Ashok Bhushan And M.R. Shah, JJ.…

Constitution

Evidence Act, 1872 – Section 8 – Constitution of India, 1950 – Article 226 – Additional evidence – HELD any event subsequent to the passing of the said order cannot be a consideration for this Court to test the legality of the said order” may be generally correct but there can be exception if the above statement is treated as statement of law. In a writ petition under Article 226 subsequent events can be taken note of for varied purposes.

Mar 22, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH RAM CHANDRA PRASAD SINGH — Appellant Vs. SHARAD YADAV — Respondent ( Before : Ashok Bhushan And M.R. Shah, JJ. ) Civil Appeal…

Constitution

Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservations (to the Posts in the Civil Services of the State) Act 2018 – Constitutional validity HELD The present MAs are, in effect, a substantive challenge to the actions of the State government in implementing the Reservation Act 2018 through the GO dated 15 May 2019 and the circular dated 24 June 2019. If the applicants are aggrieved by the steps which have been taken by the State government, it is open to them to pursue a substantive remedy for challenging the steps taken by the State government in independent proceedings

Mar 21, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH B K PAVITHRA AND ORS. — Appellant Vs. UNION OF INDIA AND ORS. — Respondent ( Before : Uday Umesh Lalit and Dr.…

Will & Succession

Succession Act, 1925 – Sections 63, 69 – Evidence Act, 1872 – Section 65(c) – Will – It is the overall assessment of the Court on the basis of the unusual features appearing in the Will or the unnatural circumstances surrounding its execution, that justifies a close scrutiny of the same before it can be accepted.

Mar 21, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH DHANPAT — Appellant Vs. SHEO RAM (DECEASED) THROUGH LRS. & ORS. — Respondent ( Before : L. Nageswara Rao And Hemant Gupta, JJ.…

Limitation

Land Acquisition Act, 1894 – Sections 4, 48(1) and 30 – Transfer of Property Act, 1882 – Sections 111 and 106 – Limitation Act, 1963 – Articles 65, 66 and 67 – Suit for possession – Limitation – HELD Appellants-plaintiffs have claimed possession from the defendant alleging him to be the tenant and that he had not handed over the leased property after determination of the lease – Therefore, such suit would fall within Article 67 of the Limitation Act.

Mar 21, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH NAND RAM (D) THROUGH LRS. & ORS. — Appellant Vs. JAGDISH PRASAD (D) THROUGH LRS. — Respondent ( Before : L. Nageswara Rao…

Property Matters

Registration Act, 1908 – Section 17, 17(1)(b), 17(1) and 17(2)(v) – Suit for declaration HELD When legislature has specifically excluded applicability of clause (b) and (C) with regard to any decree or order of a Court, applicability of Section 17(1)(b) cannot be imported in Section 17(2)(v) by any indirect method – Decree and order did not require registration and were fully covered by Section 17(2)(vi), which contains exclusion from registration as required in Section 17(1)

Mar 21, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH GURCHARAN SINGH & ORS. — Appellant Vs. ANGREZ KAUR & ANR. — Respondent ( Before : Ashok Bhushan and Navin Sinha JJ. )…

Cr P C

We are inclined to accept the contention that the High Court could not have directed the registration of an FIR with a direction to the police to investigate and file the final report in view of the judgment of this Court in Sakiri Vasu v. State Of Uttar Pradesh And Others.” HELD that section 156(3) CrPC is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an FIR and of ordering a proper investigation

Mar 21, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH M. SUBRAMANIAM AND ANOTHER — Appellant Vs. S. JANAKI AND ANOTHER — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar And Sanjiv…

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