Supreme Court of India Judgements

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

Month: August 2020

Corporate

“The owner is liable to pay charges after the goods have been taken charge by port and receipt issued to vessel owner. when the Port Trust takes charge of the good ” The point of time at which title to the goods passes to the consignee is not relevant to determine the liability of the consignee or steamer agent in respect of charges of the Port Trust” ” it would be the duty of the Port Trust to destuff every container that is entrusted to it, and return destuffed containers to any such person within as short a period as is feasible in cases where the owner/person entitled to the goods does not come forward to take delivery of the goods and destuff such containers. 

Aug 6, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH THE CHAIRMAN, BOARD OF TRUSTEES, COCHIN PORT TRUST — Appellant Vs. M/S AREBEE STAR MARITIME AGENCIES PVT. LTD. AND OTHERS — Respondent (…

Service Matters
Service

No Advantage To Candidate When The Very Selection Is Illegal HELD”In our view, considering the fact that the very selection and appointments were found to be illegal and invalid, no other advantage can be conferred upon the concerned candidates”, 8,882 ad-hoc teachers terminated.

Aug 6, 2020 sclaw

The Supreme Court has affirmed the termination of 8,882 ad-hoc teachers in Tripura. The bench comprising Justices UU Lalit and Vineet Saran observed that, as their very selection and appointments were found…

Constitution

Senior Citizens Living Alone Amidst COVID-19 – HELD the elderly people should be given priority in the admission in the Government hospital looking to their vulnerability for Covid 19. In event of any complaint made by the elderly people, the hospital administration concerned shall take immediate steps to remedy their grievances.

Aug 4, 2020 sclaw

Senior Citizens Living Alone Amidst COVID-19 – HELD the elderly people should be given priority in the admission in the Government hospital looking to their vulnerability for Covid 19. In…

Consumer

HELD A hospital which renders free services to a certain category of patients, while providing services which are charged to the bulk of others would not lie outside the purview of the consumer fora. Indian Medical Association v V P Shantha 1995 SCC (6) 651 followed. SCOI left open the issue as to whether Safdarjung Hospital would be governed by the provisions of the Act as contained in Section 2(1)(o) (Service).

Aug 1, 2020 sclaw

The Supreme Court has observed that it is only where a hospital provides medical services free of charge across the board to all patients that it would stand outside the…

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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