Supreme Court of India Judgements

46670 Judgements hosted as on 9/12/2024 - Search (FREE), Subscribe, Read & Download

Month: January 2021

Arbitration

Non-payment of stamp duty on commercial contract – Since the arbitration agreement is an independent agreement between the parties, and is not chargeable to payment of stamp duty, the non-payment of stamp duty on the commercial contract, would not invalidate the arbitration clause

Jan 17, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S. N.N. GLOBAL MERCANTILE PRIVATE LIMITED — Appellant Vs. M/S. INDO UNIQUE FLAME LIMITED AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y.…

Constitution

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 – Reservation in promotion – Physical disability – Petitioner contends that the respondent was given employment on compassionate ground and the entry point was not of a person with disability

Jan 17, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH THE STATE OF KERALA AND OTHERS — Appellant Vs. LEESAMMA JOSEPH — Respondent ( Before : Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy,…

Corruption

Misappropriation of public funds – Bank Employee – In banking business absolute devotion, integrity and honesty is a sine qua non for every bank employee. High Court has committed an apparent error in setting aside the order of dismissal of the respondent confirmed in departmental appeal by order – Appeal allowed.

Jan 17, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH DEPUTY GENERAL MANAGER (APPELLATE AUTHORITY) AND OTHERS — Appellant Vs. AJAI KUMAR SRIVASTAVA — Respondent ( Before : L. Nageswara Rao, Hemant Gupta and…

C P C

Whether the acceptance of a conditional offer with a further condition results in a concluded contract, irrespective of whether the offerer accepts the further condition proposed by the acceptor, Held, Acceptance of a conditional offer with a further condition does not result in a concluded Contract.

Jan 17, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. PADIA TIMBER COMPANY(P) LIMITED — Appellant Vs. THE BOARD OF TRUSTEES OF VISAKHAPATNAM PORT TRUST THROUGH ITS SECRETARY — Respondent ( Before :…

Land Acquisition

Original claimants are permitted to withdraw 25% of the enhanced amount of compensation, as awarded together with proportionate interest and cost, without furnishing any security and the balance 75% together with proportionate cost and interest, as awarded is permitted to be invested in a fixed deposit in any nationalised bank with cumulative interest, it will meet the end of justice and take care of the interest of both the parties.

Jan 5, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH NAYARA ENERGY LIMITED — Appellant Vs. THE STATE OF GUJARAT AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R.…

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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