Supreme Court of India Judgements

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Month: November 2020

Acquittal

(IPC) – S 302, 34 – Refusal to undergo Test Identification Parade (TIP) – Guilt cannot be based purely on the refusal to undergo a (TIP) – Ballistics evidence connecting the empty cartridges & the bullets recovered from the body of the deceased with an alleged weapon of offence is contradictory and suffers from serious infirmities. Appeal allowed.

Nov 3, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH RAJESH @ SARKARI AND ANOTHER — Appellant Vs. STATE OF HARYANA — Respondent ( Before : Dr. Dhananjaya Y Chandrachud, Indu Malhotra and Indira…

State Laws

Kerala Conservation of Paddy Land and Wetland Act, 2008 – Kerala Wetlands (Conservation and Management) Rules, 2010 – Rule 4 – Restrictions on activities within wetlands -It is open to the Appellant to challenge the order of the Collector dated 30.04.2019 in accordance with law –

Nov 2, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH THOMAS LAWRENCE — Appellant Vs. THE STATE OF KERALA AND OTHERS — Respondent ( Before : Rohinton Fali Nariman, Navin Sinha and Indira Banerjee,…

Corporate

Insolvency and Bankruptcy Code is at a nascent stage and it is better that the interpretation of the provisions of the Code is taken up by this Court to avoid any confusion, and to authoritatively settle the law – Personal gurantor – Writ Petitions are transferred from the High Courts to SCOI

Nov 2, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH  INSOLVENCY AND BANKRUPTCY BOARD OF INDIA — Appellant Vs. LALIT KUMAR JAIN AND OTHERS — Respondent ( Before : L. Nageswara Rao, Hemant Gupta…

Matrimonial

Child Custody – During interaction on the video-conferencing platform, “S” son of the Appellant/Respondent indicated his desire to reside with his mother in Singapore – While the child is attached to the respondent, he has indicated, in no uncertain terms, his desire to live with his mother. Appeal allowed.

Nov 2, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH MRS RITIKA SHARAN — Appellant Vs. MR SUJOY GHOSH — Respondent ( Before : Dr. Dhananjaya Y Chandrachud, Indu Malhotra and Indira Banerjee, JJ.…

State Laws

U P Mining Minerals (Concession) R, 1963 – Rule 40(h) – disruption of mining operations- State of UP states that they are only liable to refund (i) any security deposit; or (ii) advance royalties paid to them, for this obstructed period – the State already consented and recorded in such order .

Nov 2, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH DHARMENDRA KUMAR SINGH — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and Hrishikesh…

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