Supreme Court of India Judgements

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Month: November 2020

Constitution

RBI Loan moratorium – HELD petitioner has expressed its satisfaction on the measures taken by the Government of India redressing grievances of the petitioner – Court dispose of the present writ petition with directions to the respondents to ensure that all steps be taken to implement the decision dated 23.10.2020 of the Government of India

Nov 29, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH GAJENDRA SHARMA — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ.…

Bail Granted

Basic rule of criminal justice system is “bail, not jail”- Right to life and personal liberty- HELD the High Court should not foreclose itself from the exercise of the power when a citizen has been arbitrarily deprived of their personal liberty in an excess of state power.

Nov 29, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ARNAB MANORANJAN GOSWAMI — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y Chandrachud and Indira Banerjee,…

Education

Admission – Super Specialty Medical Courses – Reservation – This Court direct that the counselling for admission to Super Specialty Medical Courses for the academic year 2020-2021 shall proceed on a date to be fixed by the competent authority without providing for reservations to in-service doctors for the academic year 2020-2021

Nov 29, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH DR. PRERIT SHARMA AND OTHERS — Appellant Vs. DR. BILU B.S. & ORS. — Respondent ( Before : L. Nageswara Rao, Hemant Gupta and…

Service Matters
Service

Tribunal, Appellate Tribunal and other Authorities (Qualification, Experience and Other Conditions of Service of Members) Rules, 2020 – Advocates with experience of 10 years will be eligible for appointment as judicial members in tribunals – Members of Indian Legal Service will also be eligible for appointment as judicial members provided they fulfill same criteria as advocates.

Nov 29, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH MADRAS BAR ASSOCIATION — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : L. Nageswara Rao, Hemant Gupta and S. Ravindra…

Service Matters
Service

Rajasthan Commercial Taxes Subordinate Services (General Branch) Rules, 1975- HELD To forestall any apprehensions as to which of the appointees would be senior, and if those from the earlier process are appointed later, the proviso clarifies that candidates from the earlier process would rank senior

Nov 29, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANOHAR LAL JAT AND OTHERS ETC — Appellant Vs. THE STATE OF RAJASTHAN AND OTHERS ETC — Respondent ( Before : Indira Banerjee and…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 50 – Commercial Courts Act, 2015 – Section 13(1) – Foreign award – Enforcement of – A further appeal by a party aggrieved by an order of enforcement, even under the later enacted Commercial Courts Act, 2015 is not maintainable

Nov 29, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NOY VALLESINA ENGINEERING SPA, (NOW KNOWN AS NOY AMBIENTE S.P.A) — Appellant Vs. JINDAL DRUGS LIMITED AND OTHERS — Respondent ( Before : Indira…

Direct Taxation

I Tax Act, 1961 – S 40(a)(iib) – CoI, 1950 – Art 226 – VAT expenditure is not allowable as deduction – When the vires of S 40(a)(iib) of the I T Act were challenged, which can be decided by the High Court alone in exercise of powers under Art 226, the H C ought to have decided the issue with regard to vires of S 40(a)(iib) on merits, irrespective of the fact whether the matter was sub judice before the Income Tax Authority

Nov 29, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S TAMIL NADU STATE MARKETING CORPORATION LIMITED — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash…

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