Supreme Court of India Judgements

46420 Judgements hosted as on 27/04/2024 - Search (FREE), Subscribe, Read & Download

Month: September 2020

Murder

(IPC) – Sections 302 and 34 – Murder – Common intention – Absence of a positive act of assault was not a necessary ingredient to establish common intention – No further evidence is required with regard to existence of common intention – plea that there is no role or act of assault attributed to him, denying the existence of any common intention for that reason – Appeal dismissed.

Sep 30, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH SUBED ALI AND OTHERS — Appellant Vs. THE STATE OF ASSAM — Respondent ( Before : R.F. Nariman, Navin Sinha and Indira Banerjee,…

Matrimonial

Transfer of Divorce Petition – Family Court at Delhi and Appellant resides at Indore (MP) – Claim of the petitioner that she is now staying with her parents is not disputed by the respondent – That both the children are staying with the petitioner is also not disputed – Elder child is a girl aged about 11 years and whenever the case is fixed for hearing, the petitioner has to travel about 800 kms – Petition allowed.

Sep 30, 2020 sclaw

  SUPREME COURT OF INDIA SINGLE BENCH  NEETU YADAV — Appellant Vs. SACHIN YADAV — Respondent ( Before : V. Ramasubramanian, J. ) Transfer Petition (Civil) No.455 of 2020 Decided…

Cr P C

(CrPC) – Sections 177 to 184 – Transfer petition – Territorial jurisdiction – Facts to be established by evidence, may relate either to the place of commission of the offence or to other things dealt with by Sections 177 to 184 of the Code – Court cannot order transfer, on the ground of lack of territorial jurisdiction, even before evidence is marshaled – Hence the transfer petitions are liable to be dismissed.

Sep 30, 2020 sclaw

  SUPREME COURT OF INDIA SINGLE BENCH  KAUSHIK CHATTERJEE — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent ( Before : V. Ramasubramanian, J. ) Transfer Petition (Crl.) No.456…

Compassionate Appointment

“….. that there cannot be any inherent right to compassionate appointment, it is a right based on certain criteria, especially to provide succor to a needy family. This has to be in terms of the applicable policy as existing on the date of demise, unless a subsequent policy is made applicable retrospectively.” HELD held that a ‘permanent’ classification does not amount to regularisation.

Sep 30, 2020 sclaw

There cannot be any inherent right to compassionate appointment, the Supreme Court has reiterated in a judgment delivered on Tuesday. The court allowed an appeal filed by the State of…

Customs & Excise

The precise time at which the notification was uploaded on the e-Gazette was 20:46:58 hours – Since the importers, who had imported goods from Pakistan, had presented their bills of entry and completed the process of “self assessment” before the notification enhancing the rate of duty to 200 per cent was issued and uploaded, the enhanced rate of duty was not attracted – Importers were liable to pay the duty applicable at the time when the bills of entry for home consumption were filed under Section 46 of the Customs Act, 1962

Sep 25, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH  UNION OF INDIA AND OTHERS — Appellant Vs. M/S G S CHATHA RICE MILLS AND ANOTHER — Respondent ( Before : Dr. Dhananjaya…

Constitution

Wherein the circumstances when requirement of Article 14 of the Constitution is to be satisfied is considered in detail – It is articulated therein that equality before the law or the equal protection of laws does not mean identity or abstract symmetry of treatment and that reasonable classification is permitted.

Sep 25, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH NATIONAL ALLIANCE FOR PEOPLE’S MOVEMENTS AND OTHERS — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : S. A.…

You missed

I B C

Insolvency and Bankruptcy Code, 2016 – Section 236 – Criminal Procedure Code, 1973 (CrPC) – Sections 190, 193 and 200 – The appeal challenges a High Court judgment regarding a complaint filed by the Insolvency and Bankruptcy Board of India against the Ex-Directors of M/s. SBM Paper Mills Pvt. Ltd. for offences under the Insolvency and Bankruptcy Code, 2016 – The primary issue is whether the Special Court established under Chapter XXVIII of the Companies Act, 2013 has jurisdiction to try offences under the Insolvency and Bankruptcy Code, 2016 – The Insolvency and Bankruptcy Board of India argued that the High Court erred in quashing the proceedings and that offences under the Code should be tried by the Special Court – The respondents contended that the High Court’s judgment was correct and that the Special Court did not have jurisdiction to try the complaint – The Supreme Court allowed the appeal, holding that the Special Court presided by a Sessions Judge or an Additional Sessions Judge has jurisdiction to try the complaint under the Code – The Court reasoned that the reference to the Special Court in Section 236(1) of the Code is a ‘legislation by incorporation’ and not a ‘legislation by reference’, meaning subsequent amendments to the Companies Act do not affect the Code – The Court applied principles from previous judgments to determine that the case is one of ‘legislation by incorporation’ – The Supreme Court set aside the High Court’s judgment and remitted the matter to the High Court for consideration on merits. The judicial opinion emphasizes the importance of legislative intent and the distinction between ‘legislation by incorporation’ and ‘legislation by reference’ in determining jurisdiction.

Apr 27, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Sections 143, 147, 148, 506(2) and 302 read with Section 149 – The appellants were convicted for the murder and sentenced to life imprisonment by the High Court, reversing their earlier acquittal by the trial court – The main issue was the reliability of eyewitness testimonies and the admissibility of evidence, such as the FIR and recovery of weapons – The appellants argued that the High Court erred in reversing the acquittal, contending that the eyewitnesses were unreliable and the FIR was a post-investigation document – The State contended that the eyewitness testimonies were credible and the FIR was lodged promptly without undue delay – The Supreme Court reversed the High Court’s decision, acquitted the appellants, and discharged their bail bonds – The Court found inconsistencies in the eyewitness accounts and issues with the FIR and recovery of weapons – The Court applied principles regarding the appellate court’s power in appeals against acquittal, emphasizing the need for the High Court to find perversity or illegality in the trial court’s judgment to reverse an acquittal – The Supreme Court concluded that the High Court’s judgment was flawed and restored the trial court’s acquittal of the appellants.

Apr 27, 2024 sclaw
Constitution Election Laws

EVM and VVPAT – Reliability – The petitioners challenged the reliability of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) systems, suspecting potential manipulation and demanding transparency in the voting process – The core issues revolved around the integrity of EVMs, the adequacy of VVPAT verification, and the fundamental right of voters to know their votes are correctly recorded and counted – Petitioner argued for a return to paper ballots, provision of VVPAT slips to voters, or 100% counting of VVPAT slips alongside electronic counts, citing concerns over EVM transparency and voter confidence – The Election Commission of India (ECI) defended the EVMs’ success in ensuring free, fair, and transparent elections, highlighting technological safeguards against tampering and the benefits over paper ballots – The Court upheld the current EVM and VVPAT system, dismissing the petitions and suggesting improvements for transparency without disrupting the ongoing electoral process – The Court relied on past precedents, the ECI’s robust procedures, and the absence of cogent material evidence against EVMs to reject the petitions – The judgment referenced constitutional provisions, electoral laws, and previous rulings to support the ECI’s position and the current electoral practices – The Supreme Court concluded that the EVMs and VVPAT systems are reliable, and the petitions were dismissed based on the lack of substantial evidence against the current electoral process.

Apr 27, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Sections 302, 304 and 34 – Acquittal – Benefit of Doubt – The Supreme Court acquitted the appellant, citing unreliable witness testimonies and lack of corroborative evidence – The Court’s reasoning focused on the credibility of the key witnesses and the absence of corroborative material to support the prosecution’s case – The legal reasoning included the principle of ‘falsus in uno, falsus in omnibus’ not being applicable in Indian jurisprudence – The conclusion was that the appellant deserved acquittal due to the benefit of doubt – The judicial opinion emphasized the quality of evidence over quantity in determining the truth.

Apr 27, 2024 sclaw