Supreme Court of India Judgements

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Month: April 2020

Corruption

Consent Of The State In Which Accused Resides Or Employed Not Necessary For CBI Investigation When The Offence Is Committed In NCT Of Delhi: SC HELD Central Bureau of Investigation can investigate into specified offence committed within Union Territory, by an accused residing in or employed in connection with the affairs of another State, without the consent of that state.

Apr 26, 2020 sclaw

  Consent Of The State In Which Accused Resides Or Employed Not Necessary For CBI Investigation When The Offence Is Committed In NCT Of Delhi: SC [Read Judgment] The Supreme…

Consumer

“Transit Marine Insurance Policy” HELD While construing a contract of insurance, it is not permissible for a court to substitute the terms of the contract. The court should always interpret the words used in a contract in a manner that will best express the intention of the parties. The NCDRC has incorrectly proceeded on the path that the ordinary course of transit would include assembling of the helicopter at New Delhi and the policy covered all risks till the time the helicopter did not reach Bhopal.

Apr 26, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH BAJAJ ALLIANZ GENERAL INSURANCE CO LTD AND ANOTHER — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : Dr Dhananjaya…

Direct Taxation

Income Tax Act, 1961, Section 143(2) – HELD the factual basis on which the Officer formed his opinion in the assessment order dated 30.11.2000 (for assessment year 1998-1999), in regard to addition of Rs.2,26,000/- (Rupees two lakhs twenty six thousand only), stands dispelled by the affidavits and statements of the concerned unregistered dealers in penalty proceedings. That now being the indisputable position, it must necessarily follow that the addition of Rs.2,26,000/- cannot be justified,

Apr 26, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH BASIR AHMED SISODIYA — Appellant Vs. THE INCOME TAX OFFICER — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Civil…

Direct Taxation

Income Tax – Doctrine of mutuality – The doctrine of mutuality bestows a special status to qualify for exemption from tax liability – It is a settled proposition of law that exemptions are to be put to strict interpretation – The appellant having failed to fulfil the stipulations and to prove the existence of mutuality, the question of extending exemption from tax liability to the appellant, that too at the cost of public exchequer, does not arise

Apr 26, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH YUM! RESTAURANTS (MARKETING) PRIVATE LIMITED — Appellant Vs. COMMISSIONER OF INCOME TAX, DELHI — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ.…

Constitution

CONSTITUTION BENCH :: Uttar Pradesh Sugarcane (Regulation of Supply and Purchase) Act, 1953 – Section 16 – Essential Commodities Act, 1955 – Section 3(2)(c) – Sugarcane (Control) Order, 1966 HELD By virtue of Entries 33 and 34 List III of seventh Schedule, both the Central Government as well as the State Government have the power to fix the price of sugarcane. The Sugarcane (Control) Order, 1966 which has been issued under Section 16 of the U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953 confers power upon the State Government to fix the remunerative/advised price at which sugarcane can be bought or sold which shall always be higher than the minimum price fixed by the Central Government; Section 16 of the U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953 is not repugnant to Section 3(2)(c) of the Essential Commodities Act, 1955 and Clause 3 of the Sugarcane (Control) Order, 1966

Apr 23, 2020 sclaw

  SUPREME COURT OF INDIA CONSTITUTION BENCH WEST U.P. SUGAR MILLS ASSOCIATION AND OTHERS — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Arun…

Arbitration

The question involved in the present appeal is the enforceability of the foreign award, against NAFED. HELD the award is ex facie illegal, and in contravention of fundamental law, no export without permission of the Government was permissible and without the consent of the Government quota could not have been forwarded to next season. The export without permission would have violated the law, thus, enforcement of such award would be violative of the public policy of India.

Apr 23, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH NATIONAL AGRICULTURAL COOPERATIVE MARKETING FEDERATION OF INDIA — Appellant Vs. ALIMENTA S.A. — Respondent ( Before : Arun Mishra, M.R. Shah and B.R.…

Customs & Excise

Central Excise Act, 1944 – Sections 5A and 11B – Determination of refund of excise duty – Subsequent notifications/industrial policies which were impugned before the respective High Courts are clarificatory in nature and are issued in public interest and in the interest of the Revenue and they seek to achieve the original object and purpose of giving incentive/exemption while inviting the persons to make investment on establishing the new undertakings and they do not take away any vested rights conferred under the earlier notifications/industrial policies and therefore cannot be said to be hit by the doctrine of promissory estoppel

Apr 23, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA AND ANOTHER ETC. ETC. — Appellant Vs. M/S V.V.F LIMITED AND ANOTHER ETC. ETC. — Respondent ( Before : Arun…

Narcotics

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) – Sections 2(viia), 2(xxiiia) and 21 – Mixture of narcotic drugs or psychotropic substance – Determination of Small quantity or commercial quantity – HELD In case of seizure of mixture of Narcotic Drugs or Psychotropic Substances with one or more neutral substance(s), the quantity of neutral substance(s) is not to be excluded and to be taken into consideration along with actual content by weight of the offending drug, while determining the “small or commercial quantity” of the Narcotic Drugs or Psychotropic Substances.

Apr 23, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH HIRA SINGH AND ANOTHER — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Arun Mishra, Indira Banerjee and M.R.…

Constitution

A Constitution Bench of the Supreme Court on Wednesday held that both the Centre and the State have concurrent powers to fix the prices of sugarcane. At the same time, the price’ fixed by the State Government for sugarcane cannot be lower than the ‘minimum price’ fixed by the centre, the Court added. Also, it is open to the States to fix the price higher than the price fixed by the Centre.

Apr 22, 2020 sclaw

State & Centre Have Concurrent Power To Fix Sugarcane Prices; No Conflict If State’s Price Is Higher Than Centre’s ‘Minimum Price’ : SC [Read Judgment] Live Law News Network 22…

Constitution

100% ST Reservations For Teacher Posts In Scheduled Areas Unconstitutional: SC Constitution Bench HELD interpreted the judgement prospectively and not “retrospectively” and held that the existing appointments made in excess of the 50 per cent reservation shall survive but shall cease to be effective in the future, thereby providing a relief to those who had already been appointed basis the saif government order.

Apr 22, 2020 sclaw

100% ST Reservations For Teacher Posts In Scheduled Areas Unconstitutional: SC Constitution Bench [Read Judgment] Mehal Jain And Sanya Talwar 22 April 2020 1:58 PM The Supreme Court on Wednesday…

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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