Supreme Court of India Judgements

46660 Judgements hosted as on 19/11/2024 - Search (FREE), Subscribe, Read & Download

Month: October 2020

Environment

Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016-Lessees are granted time up to end of January, 2021 for the removal of the minerals excavated/mined on or before 15.03.2018 subject to payment of royalties and other charges. HELD If within the time stipulated above, the lessees could not remove the mineral, the Government shall invoke the power under Rule 12(1)(hh) – Application disposed of.

Oct 18, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH CHOWGULE AND COMPANY PRIVATE LIMITED — Appellant Vs. GOA FOUNDATION AND OTHERS — Respondent ( Before : S. A. Bobde, CJI., A. S. Bopanna…

State Laws

Rajasthan Pre-Emption Act, 1966 – Section 9 – Loss of right of pre-emption on transfer – A right is available once – whether to take it or leave it to a person having a right of pre-emption – If such person finds it is not worth once, it is not an open right available for all times to come to that person

Oct 18, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH RAGHUNATH (D) BY LRS. — Appellant Vs. RADHA MOHAN (D) THR. LRS. AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and…

Specific Performance

Suit for specific performance filed within limitation cannot be dismissed on the sole ground of delay or laches. HELD discretion of the Court whether some additional amount ought or ought not to be paid by the plaintiff once a decree of specific performance is passed in its favour, even at the appellate stage.

Oct 18, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH FERRODOUS ESTATES (PVT.) LIMITED — Appellant Vs. P. GOPIRATHNAM (DEAD) AND OTHERS — Respondent ( Before : R.F. Nariman and Navin Sinha, JJ. )…

Education

Postgraduate Medical/Dental Admissions – NRI quota – Non compulsory – Private colleges and institutions which offer such professional and technical courses, have some elbow room: they can decide whether, and to what extent, they wish to offer NRI or management quotas (the limits of which are again defined by either judicial precedents, enacted law or subordinate legislation)

Oct 18, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NILAY GUPTA — Appellant Vs. CHAIRMAN NEET PG MEDICAL AND DENTAL ADMISSION/COUNSELLING BOARD 2020 AND PRINCIPAL GOVT. DENTAL COLLEGE AND OTHERS — Respondent (…

Contempt

To avoid any further controversy, it will be appropriate that the appropriate authority shall communicate to the Seth Group and the Mittal Group within a period of two weeks from today, to provide the documents/undertakings with respect to the lands falling to their respective shares and the Seth Group and Mittal Group shall provide the documents and/or undertakings required

Oct 18, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ASHISH SETH — Appellant Vs. SUMIT MITTAL AND OTHERS – ALLEGED CONTEMNORS ( Before : Ashok Bhushan and M.R. Shah, JJ. ) Contempt Petition(C)…

I P C

(IPC) – Sections 148, 302 and 149 – Murder – If the witnesses are otherwise trustworthy, past enmity by itself will not discredit any testimony. In fact the history of bad blood gives a clear motive for the crime. Therefore this aspect does not in assessment, aid the defence in the present matter.

Oct 18, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH KARULAL AND OTHERS — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : N.V. Ramana, Surya Kant and Hrishikesh Roy, JJ.…

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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