Supreme Court of India Judgements

46448 Judgements hosted as on 05/05/2024 - Search (FREE), Subscribe, Read & Download

Month: December 2020

Bail Granted

(CrPC) – Section 438 – Anticipatory bail – Delay in lodging of FIR – Many a time, delay may not be fatal to the criminal proceedings. However, it always depends upon the facts and circumstances of each case – However, at the same time, a long delay like 29 years as in the present case can certainly be a valid consideration for grant of anticipatory bail.

Dec 6, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH SUMEDH SINGH SAINI — Appellant Vs. STATE OF PUNJAB AND ANOTHER — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah,…

Cr P C

(CrPC) – Section 161 and 161(3) – Installation of CCTV cameras in police stations – State Level Oversight Committee (SLOC) and the Central Oversight Body (COB) (where applicable) shall give directions to all Police Stations, investigative/enforcement agencies to prominently display at the entrance and inside the police stations/offices of investigative/enforcement agencies about the coverage of the concerned premises by CCTV.

Dec 4, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH PARAMVIR SINGH SAINI — Appellant Vs. BALJIT SINGH AND OTHERS — RespondentS ( Before : R. F. Nariman, K.M. Joseph and Aniruddha Bose, JJ.…

Corporate

E P F M P Act, 1952 – Ss 1(3)(B) and 7A – Private Security Agencies (Regulation) Act, 2005 – Section 2(g) – Provisions of the EPF Act are applicable to a private security agency engaged in the expert service of providing personnel to its client, if it meets the requirement of the EPF Act – Merely because the client pays money does not become employer of guard

Dec 4, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. PANTHER SECURITY SERVICE PRIVATE LIMITED — Appellant Vs. THE EMPLOYEES’ PROVIDENT FUND ORGANISATION AND ANOTHER — Respondent ( Before : Navin Sinha and…

Acquittal

Acquittal – Dowry death – Presumption – Ingredients of the offence are well-settled – A marriage performed within seven years before the death of the wife – Death must be unnatural – Soon before the death, the deceased wife must have been at the receiving end of cruelty or harassment, on account of demand for dowry – It is described as dowry death – Relatives concerned, including husband, become liable – Section 113B of the Evidence Act comes to the rescue of the prosecutor by providing for a presumption that a person has caused dowry death

Dec 4, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH SANDEEP KUMAR AND OTHERS — Appellant Vs. STATE OF UTTARAKHAND AND ANOTHER — Respondent ( Before : Rohinton Fali Nariman, K.M. Joseph and Aniruddha…

Electricity Act

Unjust enrichment of a person occurs when he has and retains money or benefits which in justice and equity belong to another – Doctrine of unjust enrichment could have been attracted if the respondent had passed on the electricity duty to its customers and then retained the refund occasioned by the 50 per cent rebate in its own pocket – This is not demonstrated to be the factual position and hence, the respondent cannot be denied relief on the application of the doctrine.

Dec 4, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF JHARKHAND AND OTHERS — Appellant Vs. BRAHMPUTRA METALLICS LTD., RANCHI AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud…

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I P C

Penal Code, 1860 (IPC) – Sections 120-B read with Section 420 – Cheating – The case involves fraudulent transactions by accused in connivance with Indian Bank officials resulting in interest-free advances to the petitioners – The main issue is whether the petitioners were involved in cheating the bank and if they availed any undue benefit from the fraudulent transactions – The petitioners argued that they were not involved in the cheating, had not availed any undue benefit, and that the transactions were normal business dealings – The court dismissed the Special Leave Petitions, upholding the Trial Court’s conviction of the petitioners for cheating the bank through unauthorized transactions.

May 5, 2024 sclaw
Limitation

Limitation Act, 1963 – Section 5 – Condonation of Delay – Delay of 1663 days – The State of U.P. filed a SLP against an order dated 13.11.2009 by the Allahabad High Court, with a delay of 1,633 days – The main issue was the condonation of the significant delay in filing the SLP – The State argued that the delay was due to the time taken for obtaining legal opinion and permissions, and later, the realization that the appeal was not filed initially – The application for condonation of delay was dismissed, and consequently, the SLP was also dismissed – The court found the explanation for the delay unsatisfactory, especially since the State was aware of the High Court’s order when it was passed – The court did not find sufficient cause to condone the delay, leading to the dismissal of the SLP.

May 5, 2024 sclaw
Property Matters

Partition Suit – The dispute involves partition of properties left by Late ‘R’ with the main contention over roof rights of a property in Kota and another in Jaipur – The primary issue is the valuation of roof rights for further construction and the equal distribution of property among co-sharers – The appellants argue that the valuation report failed to assess the value of roof rights, which would affect the overall property valuation and entitlement of co-sharers – The respondents maintain that the property valuation and shares were appropriately determined by the approved Valuer and upheld by both the Trial Court and High Court – The Supreme Court dismissed the appeal, finding no merit in revaluating the property or altering the determined shares of the parties – The Court emphasized the importance of family ties over property disputes and suggested alternative dispute resolution methods for amicable settlements – The Court referenced the case of Afcons Infrastructure Limited vs. Cherian Varkey Construction Company Private Limited, advocating for ADR in family-related property disputes – The Supreme Court concluded that revisiting the valuation and partition would only prolong litigation and upheld the decisions of the lower courts.

May 5, 2024 sclaw
Constitution Municipal Laws

West Bengal Municipal(Building) Rules, 2007 – Rule 50 – Open spaces for building in areas other than municipalities in hill areas – The appellants challenge the High Court of Calcutta’s order regarding a contempt petition related to their residential property construction and its compliance with Rule 50 of Rules, 2007 – The appellants argue that the writ petition was a private matter and should not have been entertained by the High Court – They also claim that municipal authorities are unfairly pressuring them due to the contempt proceedings – The respondent claims that the appellants violated the sanctioned building plan, justifying the High Court’s direction for an enquiry – The Supreme Court allowed the appellants to challenge the enquiry report and show cause notice, ensuring their objections would be considered objectively without prejudice from the contempt or writ proceedings – The court expressed reservations about the High Court’s exercise of writ jurisdiction in a private dispute and suggested the civil court as the appropriate forum for grievances – The appeal was disposed of with the appellants given the liberty to challenge the enquiry report and show cause notice, without cost order.

May 5, 2024 sclaw