Supreme Court of India Judgements

46650 Judgements hosted as on 11/11/2024 - Search (FREE), Subscribe, Read & Download

Month: July 2020

Environment

SCOI considered whether the NHAI, which owns and controls the highway, led to a duty of care to the users of the highway. HELD NHAI, which indisputably owns and controls the highway, and on whose behalf it was constructed, and for which the maintenance and operation agreement was entered into, led to a duty of care, to the users (of the highway)” The failure of the NHAI to ensure remedial action, and likewise the failure by Rathod (mining contractor) to take measures to prevent the accident, prima facie, disclose their liability. “

Jul 16, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH THE DIRECTOR GENERAL (ROAD DEVELOPMENT) NATIONAL HIGHWAYS AUTHORITY OF INDIA — Appellant Vs. AAM AADMI LOKMANCH AND OTHERS — Respondent ( Before :…

Environment

Environment Law – Maharashtra Regional and Town Planning Act, 1966 – Section 154 – Degradation of environment hill cutting at Katraj Ghat. Penalty HELD The directions were not based on any scientific evidence or report of any technical expert of state – Even the impugned notification does not specify what constitutes “hills”, and how they can be applied in towns and communities set in undulating areas and hilly terrain – Appeal partly allowed.

Jul 15, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH THE DIRECTOR GENERAL (ROAD DEVELOPMENT) NATIONAL HIGHWAYS AUTHORITY OF INDIA — Appellant Vs. AAM AADMI LOKMANCH AND OTHERS — Respondent ( Before :…

Evidence Act

Certificate Under Section 65B(4) Evidence Act Is A Condition Precedent To The Admissibility of Electronic Evidence: SCOI HELD where the requisite certificate has been applied for from the person or the authority and the person or authority either refuses to give such certificate, or does not reply to such demand, the party asking for such certificate can apply to the Court for its production under the provisions of the Evidence Act, CPC or CrPC.

Jul 14, 2020 sclaw

Certificate Under Section 65B(4) Evidence Act Is A Condition Precedent To The Admissibility of Electronic Evidence: SC [Read Judgment] Ashok Kini 14 July 2020 6:51 PM Answering a reference, the…

Will & Succession

Padmanabhaswamy Temple: HELD Shebaitship must devolve in accordance with the applicable law and custom upon his successor; that the expression “Ruler of Travancore” as appearing in Chapter III of Part I of the TC Actmust include his natural successors according to law and custom; and that the Shebaitship did not lapse in favour of the State by principle of escheat

Jul 13, 2020 sclaw

  Padmanabhaswamy Temple: “Death of King does not effect Shebaitship” Supreme Court rules that Travancore royal family has control over Temple The Bench held that the death of the King…

Education

Rights of Persons with Disabilities Act, 2016 – Section 34 – Exemption from Aptitude test – Diploma course in Fine Art for physically/mentally challenged students – Scheduled Castes/Scheduled Tribes candidates require 35 per cent to pass in the aptitude test, the same shall apply to the disabled persons.

Jul 13, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH ARYAN RAJ — Appellant Vs. CHANDIGARH ADMINISTRATION AND OTHERS — Respondent ( Before : Rohinton Fali Nariman, Navin Sinha and B.R. Gavai, 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