Supreme Court of India Judgements

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

Month: August 2020

Corporate

HELD limitation period for application under Section 7 of the Insolvency and Bankruptcy Code is three years as provided by Article 137 of the Limitation Act, which commences from the date of default and is extendable only by application of Section 5 of Limitation Act if any case for condonation of delay is made out.

Aug 14, 2020 sclaw

Limitation period for application under Section 7 of the Insolvency and Bankruptcy Code is three years as provided by Article 137 of the Limitation Act, which commences from the date…

Contempt

IN RE: PRASHANT BHUSHAN & ANR. …. ALLEGED CONTEMNOR(S) “When the foundation itself is sought to be shaken by acts which tend to create disaffection and disrespect for the authority of the court by creating distrust in its working, the edifice of the judicial system gets eroded. The scurrilous/malicious attacks by the alleged contemnor No.1 are not only against one or two judges but the entire Supreme Court in its functioning of the last six years” HELD we hold alleged contemnor No.1 – Mr. Prashant Bhushan guilty of having committed criminal contempt of this Court.

Aug 14, 2020 sclaw

IN RE: PRASHANT BHUSHAN & ANR. …. ALLEGED CONTEMNOR(S) “In our considered view, the said tweet undermines the dignity and authority of the institution of the Supreme Court of India…

Service Matters
Service

HELD maxim ‘noscitur a socilis’ whereby a word or phrase is not to be construed as if it stood alone but in the light of its surroundings words and particular general words, cannot be read in isolation, their colour and their content are derived from their context . The respondents having less percentage of member ship cannot be termed as ‘distinct category of government servants’. Appeal allowed.

Aug 12, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH GOVERNMENT OF INDIA AND OTHERS — Appellant Vs. ISRO DRIVERS ASSOCIATION — Respondent ( Before : Sanjay Kishan Kaul, Ajay Rastogi and Aniruddha…

Corporate

Mines and Minerals (Development and Regulation) Act, 1957 – Section 21(5) – Permission to resume regular mining operations – Delay in payment of the compensation along with interest is condoned – Applicant permitted to resume mining operations subject to all necessary clearances required in accordance with law being obtained

Aug 11, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH COMMON CAUSE — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : S.A. Bobde, CJI., A.S. Bopanna and V. Ramasubramanian,…

Will & Succession

The provisions contained in substituted Section 6 of the Hindu Succession Act, 1956 confer status of coparcener on the daughter born before or after amendment in the same manner as son with same rights and liabilities.(ii) rights can be claimed by the daughter born earlier with effect from 9.9.2005 subject to Section 6(1) (iii) coparcenary is by birth, it is not necessary that father coparcener should be living as on 9.9.2005.(iv) The provisions of the Section 6 are required to be given full effect. Notwithstanding that a preliminary decree has been passed the daughters are to be given share in coparcenary equal to that of a son  in pending proceedings for final decree or in an appeal. (v) A plea of partition based on oral evidence alone cannot be accepted and to be rejected outrightly. (vi) The daughters cannot be deprived of their right of equality conferred upon them by Section 6.

Aug 11, 2020 sclaw

The provisions contained in substituted Section 6 of the Hindu Succession Act, 1956 confer status of coparcener on the daughter born before or after amendment in the same manner as…

Corporate

HELD “sample being sent and tested 8 months beyond the shelf life of the product in this case. It is thus clear that the valuable right granted by Section 25 of the Drugs and Cosmetics Act kicks in on the facts of this case, which would necessarily render any penalty based upon the said analysis of the sample as void.”

Aug 10, 2020 sclaw

A valuable right is granted to a person who is sought to be penalized under these Acts to have a sample tested by the Government Analyst that is found against…

State Laws

Maharashtra Regional and Town Planning Act, 1966 – Sections 88, 91, 125 and 126 – Deletion of the Public Road from the Town Planning Scheme – HELD land is acquired for the purposes of a Development Scheme, the same vests in the State free from encumbrances – In the absence of any proceedings for acquisition or for purchase, no land belonging to the Appellant Trust could have vested in the State

Aug 7, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH HARI KRISHNA MANDIR TRUST — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Indu Malhotra and Indira Banerjee, JJ.…

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