Supreme Court of India Judgements

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Month: June 2020

I P C

Penal Code, 1860 – Sections 114 and 307 – Arms Act, 1959 – Section 25(1)(B)(a) – Bombay Police Act, 1951 – Section 135(1) – Attempt to Murder – Sentence enhanced from Six to Seven Years by High Court – Appeal against – Minor discrepancies in evidence and inability to recall details of the description of houses, roads and streets after several years, do not vitiate the evidence of recovery itself

Jun 20, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH MUSTAK @ KANIO AHMED SHAIKH — Appellant Vs. STATE OF GUJARAT — Respondent ( Before : R. Banumathi and Indira Banerjee, JJ. )…

Constitution

Amrapali : SC Directs ED To Transfer JP Morgan’s Attached Money For Construction Purposes HELD that let the attached money of the home buyers, which is diverted as found in the aforesaid order, be transmitted by the Enforcement Directorate to the Amrapali Account [UCO Bank A/c No. 02070210002834] maintained by the Registry of this Court and be utilized for the purpose of construction of the projects.

Jun 20, 2020 sclaw

Amrapali : SC Directs ED To Transfer JP Morgan’s Attached Money For Construction Purposes [Read Order] Nilashish Chaudhary 20 Jun 2020 12:51 PM In a significant development regarding the completion…

Cr P C

Penal Code, 1860 (IPC) – Sections 120-B, 220, 323, 330 348, 506B and 34 – Criminal Procedure Code, 1973 (CrPC) – Sections 197, 245 and 482 – Karnataka Police Act, 1963 – Section 170 – Cognizance of offence – Quashing of proceedings – Want of sanction – Whether sanction is necessary or not may have to be determined at any stage of the proceedings. HELD application under Section 482 of the Criminal Procedure Code is maintainable to quash proceedings which are ex facie bad for want of sanction, frivolous or in abuse of process of court. Proceedings quashed.

Jun 20, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH D. DEVARAJA — Appellant Vs. OWAIS SABEER HUSSAIN — Respondent ( Before : R. Banumathi and Indira Banerjee, JJ. ) Criminal Appeal No.…

Constitution

IN RE : THE PROPER TREATMENT OF COVID 19 PATIENTS AND DIGNIFIED HANDLING OF DEAD BODIES IN THE HOSPITALS ETC. – HELD Court direct that all States shall also constitute an expert team of Doctors and other experts for inspection, supervision and guidance of Government hospitals and other hospitals dedicated to Covid-19 – Chief Secretary of state to comply, within 7 days.

Jun 20, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH IN RE : THE PROPER TREATMENT OF COVID 19 PATIENTS AND DIGNIFIED HANDLING OF DEAD BODIES IN THE HOSPITALS ETC. ( Before :…

Election Laws

Uttar Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 – Section 28(8) – Representation of the People Act, 1951 – Section 94 – Election law – It is a trite position of law that when it comes to the interpretation of statutory provisions relating to election law, jurisprudence on the subject mandates strict construction of the provisions – An election contest is not an action at law or a suit in equity but purely a statutory proceeding, provision for which have to be strictly construed

Jun 20, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH LAXMI SINGH AND OTHERS — Appellant Vs. REKHA SINGH AND OTHERS — Respondent ( Before : N.V. Ramana, Sanjiv Khanna and Krishna Murari,…

Cr P C

V IMP – DEFAULT BAIL ::: HELD This Court are of the view that neither this Court in its order dated 23.03.2020 (Extension of Limitation) can be held to have eclipsed the time prescribed under Section 167(2) of Cr.P.C. nor the restrictions which have been imposed during the lockdown announced by the Government shall operate as any restriction on the rights of an accused as protected by Section 167(2) CrPC to get to get a default bail

Jun 20, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH S.KASI — Appellant Vs. STATE THROUGH THE INSPECTOR OF POLICE SAMAYNALLUR POLICE STATION MADURAI DISTRICT — Respondent ( Before : Ashok Bhushan, M.R.…

Bail Granted

Penal Code, 1860 (IPC) – Sections 406, 409, 420, 465, 468, 471 and 120B – Prevention of Corruption Act, 1988 – Section 13(1)(d) – Arbitration and Conciliation Act, 1996 – Sections 9 and 17 – Bail application – Arguments of threat to national security cannot accept this contention blind fold- In any case, the prosecution is not remedy less, if a person enlarged on bail, indulges in certain activities – BAIL GRANTED

Jun 20, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH JINOFER KAWASJI BHUJWALA — Appellant Vs. STATE OF GUJARAT — Respondent ( Before : Ashok Bhushan, M.R. Shah and V. Ramasubramanian, JJ. )…

Juvenile Justice

Death Penalty Cannot Be Imposed By Giving Retrospective Effect To POCSO Amendment To An Offence Committed Prior To Amendment HELD “The punishment of not being released till his last breath is punitive enough to send a signal to the society and it cannot be that only the death sentence can send a right signal”

Jun 17, 2020 sclaw

Death Penalty Cannot Be Imposed By Giving Retrospective Effect To POCSO Amendment To An Offence Committed Prior To Amendment: SC [Read Order] Mehal Jain 17 Jun 2020 12:08 PM “The…

Constitution

SC Allows Woman With Twin Pregnancy To Medically Terminate One Foetus With Down Syndrome HELD Medical board found the foetus suffered from incurable “chromosomal abnormality” and the same is classified in the list of “substantial and serious abnormalities” and no termination of abnormal foetus carries negligible risks to the mother “and is proven extremely safe and large seriies with no maternal deaths”

Jun 17, 2020 sclaw

SC Allows Woman With Twin Pregnancy To Medically Terminate One Foetus With Down Syndrome [Read Order] LIVELAW NEWS NETWORK 17 Jun 2020 9:15 AM The Supreme Court on Tuesday permitted…

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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