Supreme Court of India Judgements

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

Month: April 2020

Constitution

COVID-19 pandemic – Distribution of surgical /n95 masks and also the sale and distribution of hand sanitizers and liquid soap and to make such items available to the public at large at reasonable prices – Helpline to be provided at the control rooms responding to complaints by persons who are not able to secure surgical/n95 masks and the hand sanitizers and liquid soaps at the prices fixed by the Government of India.

Apr 6, 2020 sclaw

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS DIVISION BENCH JUSTICE FOR RIGHTS FOUNDATION AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara…

Electricity Act

Electricity Act, 2003 – Levy of wheeling charges – Transmission licence – It was contended on behalf of HPCL that 110 kV HPCL line is a transmission line – The metering for HPCL is done at TPC-D sub-station which is admittedly a transmission asset – The CEA Regulations 2010, the Maharashtra Electricity Regulatory Commission (Transmission Open Access) Regulations, 2016 and the Maharashtra Electricity Regulatory Commission (Distribution Open Access) Regulations, 2016 provide for demarcation between the transmission and distribution boundaries on the basis of voltage – The Tribunal erred in ignoring the said Regulations while holding that 2×110 kV lines are part of the distribution system HELD Tribunal judgement set aside, remitted for fresh adjudication.

Apr 3, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAI WARDHA POWER GENERATION LIMITED — Appellant Vs. THE TATA POWER COMPANY LIMITED DISTRIBUTION AND OTHERS — Respondent ( Before : L. Nageswara Rao…

Service Matters
Service

Service Law – Disaster Management Act, 2005 – Section 44 – Disaster Management (National Disaster Response Force) Rules, 2008 – Rule – 75 – Deputation Allowance – Jurisdiction of High Court – Till 11.09.2009 the respondent continued to be under the control of his parent organisation i.e. CISF and was also getting his pay and allowances from the said authority. Therefore, though he as a member of his Battalion may have been serving the NDRF, it cannot be said that he was on deputation to the NDRF

Apr 3, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. R. THIYAGARAJAN — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Civil Appeal…

Direct Taxation

NDTV TAX CASE : Income Tax Act, 1961 – Sections 147 proviso 2 and 148 – Scrutiny Notice – If the revenue is to rely upon the second proviso and wanted to urge that the limitation of 16 years would apply, then in opinion in the notice or at least in the reasons in support of the notice, the assessee should have been put to notice that the revenue relies upon the second proviso HELD We accordingly allow the appeal by holding that the notice issued to the assessee shows sufficient reasons to believe on the part of the assessing officer to reopen the assessment but since the revenue has failed to show non-disclosure of facts the notice having been issued after a period of 4 years is required to be quashed.Therefore, the revenue may issue fresh notice taking benefit of the second proviso if otherwise permissible under law.

Apr 3, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEW DELHI TELEVISION LIMITED — Appellant Vs. DEPUTY COMMISSIONER OF INCOME TAX — Respondent ( Before : L. Nageswara Rao and Deepak Gupta, JJ.…

Rent

Landlord and Tenant — Eviction — Denial of relationship — Original owner inducted tenant — Owner made family settlement in favour of his son with regard to demised premises, thus son of landlord acquired title — Such confernment/settlement to title cannot be questioned by tenant — Eviction petition by son of original landlord on  his  personal necessity upheld.

Apr 2, 2020 sclaw

2020(1) Indian Civil Cases 761 (S.C.) SUPREME  COURT  OF INDIA Before :– R. BANUMATHI, A.S. BOPANNA & HRISHIKESH ROY, JJ. Civil Appeal No. 6572 of 2010 / Decided on 15/11/2019…

Environment

Environmental Clearances – Circular – Grant of ex post facto environmental clearances – HELD This Court must take a balanced approach which holds the industries to account for having operated without environmental clearances in the past without ordering a closure of operations – The directions of the NGT for the revocation of the ECs and for closure of the units do not accord with the principle of proportionality – Penalties must be imposed for the disobedience with a binding legal regime – The breach by the industries cannot be left unattended by legal consequences –

Apr 2, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ALEMBIC PHARMACEUTICALS LIMITED — Appellant Vs. ROHIT PRAJAPATI AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud and Ajay Rastogi, JJ. )…

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