Supreme Court of India Judgements

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

Month: March 2020

Arbitration

Arbitration and Conciliation Act, 1996 – Section 11(6) – Appointment of arbitrator – Arbitration agreement entered into between the parties provides Hong Kong as the place of arbitration – Agreement between the parties choosing “Hong Kong” as the place of arbitration by itself will not lead to the conclusion that parties have chosen Hong Kong as the seat of arbitration -HELD Section 11 has no application to “International Commercial Arbitrations” seated outside India – Words in Clause 17.1 “without regard to its conflicts of laws provisions and courts at New Delhi shall have the jurisdiction” do not take away or dilute the intention of the parties in Clause 17.2 that the arbitration be administered in Hong Kong

Mar 7, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH MANKASTU IMPEX PRIVATE LIMITED — Appellant Vs. AIRVISUAL LIMITED — Respondent ( Before : R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ. ) Arbitration…

Service Matters
Service

HELD Uttar Pradesh Higher Judicial Services – Judicial review – Dismissal – Disciplinary action – Natural suspicion as to the integrity and honesty of the appellant in several land acquisition cases – Held, There is no explicit mention of any extraneous consideration being actually received or of unbecoming conduct on the part of the appellant – The order of dismissal dated 17.01.2006 passed by Respondent No. 1 is set-aside, and the appellant’s prayers for reinstatement with consequential benefits including retiral benefits, is accepted.

Mar 7, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH SADHNA CHAUDHARY — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : S.A. Bobde, CJI , B.R. Gavai and Surya Kant,…

Corporate

Registration Act, 1908 – Section 17(1)(d) – Leases of immovable property – Lease deeds allegedly executed between the defaulting rice miller(s) and the respondent(s), as they do not satisfy the statutory requirements of Section 17(1) (d) HELD The writ petitions filed by the respondent lessees are dismissed, however, with liberty to pay dues with penalty/interest of the original rice millers and thereafter on production of ‘No Dues Certificate’ seek allocation of paddy for custom milling in accordance with the policy of FCI.

Mar 7, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH FOOD CORPORATION OF INDIA AND ANOTHER — Appellant Vs. M/S. V.K. TRADERS AND OTHERS — Respondent ( Before : S.A. Bobde, CJI , B.R.…

Consumer

Consumer Protection Act, 1986 – Section 2(d) – Meaning of “Consumer” – Destruction of some part of the crop – Respondent lodged a consumer complaint alleging negligence and breach of contract on the part of the Appellant on the ground that the Appellant failed to buy back her produce, leading to the destruction of the greater part of the crop – Appellant contested the farmers’ claims before consumer fora on the preliminary point of maintainability right up to this Court, HELD Tendency to resist even the smallest of claims on any ground possible, by exploiting the relatively greater capacity of seed companies to litigate for long periods of time, amounts to little more than harassment of agriculturists, Appeal dismissed

Mar 7, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S NANDAN BIOMATRIX LIMITED — Appellant Vs. S. AMBIKA DEVI AND OTHERS — Respondent ( Before : Mohan M. Shantanagoudar and R. Subhash Reddy,…

Cheque Dishonour

V IMP :: Expeditious Adjudication Of Cheque Bounce Cases: SC Registers Suo Motu Writ Petition HELD “A matter which is supposed to be disposed of summarily by the trial court in six months, it took seven years for this case to be disposed of at the trial court level. A dispute of such nature has remained pending for 15 years in various courts, taking judicial time and space up till this Court”

Mar 7, 2020 sclaw

Expeditious Adjudication Of Cheque Bounce Cases: SC Registers Suo Motu Writ Petition [Read Order] LIVELAW NEWS NETWORK 7 March 2020 7:28 PM The Supreme Court has registered a Suo Motu…

Constitution

Constitution of India, 1950 – Articles 14, 19 (1) (a), 19 (1) (c) and 21 – Organisation of political nature – Any organisation which habitually engages itself in or employs common methods of political action like ‘bandh’ or ‘hartal’ ,’rasta roko’, ‘rail roko’ or ‘jail bharo’ in support of public causes can also be declared as an organisation of political nature, according to the guideline prescribed in Rule 3 (vi) – Foreign Contribution (Regulation) Act, 2010

Mar 7, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INDIAN SOCIAL ACTION FORUM (INSAF) — Appellant Vs. UNION OF INDIA — Respondent ( Before : L. Nageswara Rao and Deepak Gupta, JJ. )…

Will & Succession

Hindu Adoptions and Maintenance Act, 1956 – Sections 7 and 11 – Adoption – Two important conditions as mentioned in Sections 7 and 11 of the Act of 1956 are the consent of the wife before a male Hindu adopts a child and proof of the ceremony of actual giving and taking in adoption – HELD Appellant was not adopted by the Respondent and her husband – Appellant had failed to prove that she has been adopted by the Respondent and her husband. – Appeal dismissed.

Mar 7, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M. VANAJA — Appellant Vs. M. SARLA DEVI (DEAD) — Respondent ( Before : L. Nageswara Rao and Deepak Gupta, JJ. ) Civil Appeal…

Corporate

Income Tax Act, 1961 – Rule 16(2) – Attachment (DRT) – If an attachment has been made under Schedule II to the Act, any private transfer or delivery of the property shall be void as against all claims enforceable under the attachment HELD Rule 16(1) also stipulates that no civil court can issue any process against such property in execution of a decree for the payment of money. However, the property can be transferred with the permission of the Tax Recovery Officer.

Mar 7, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. CONNECTWELL INDUSTRIES PRIVATE LIMITED — Appellant Vs. UNION OF INDIA THROUGH MINISTRY OF FINANCE AND OTHERS — Respondent ( Before : L. Nageswara…

Accident

Vehicle Owner’s Insurance Claim Cannot Be Repudiated Merely Because Driver Was Possessing Fake Licence: SC HELD “If the driver produces a licence which on the face of it looks genuine, the employer is not expected to further investigate into the authenticity of the licence unless there is cause to believe otherwise. “

Mar 4, 2020 sclaw

Vehicle Owner’s Insurance Claim Cannot Be Repudiated Merely Because Driver Was Possessing Fake Licence: SC [Read Judgment] Ashok Kini 4 March 2020 9:22 PM “If the driver produces a licence…

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