Supreme Court of India Judgements

46468 Judgements hosted as on 12/05/2024 - Search (FREE), Subscribe, Read & Download

Month: February 2021

Education

Medical – Establishment of Medical College – Essentiality Certificate – State Government has power to withdraw the Essentiality Certificate where it is obtained by playing fraud on it or where the very substratum on which the EC was granted vanishes or any other reason of like nature.

Feb 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH V.N. PUBLIC HEALTH AND EDUCATIONAL TRUST ETC — Appellant Vs. STATE OF KERALA AND OTHERS ETC — Respondent ( Before : A.M. Khanwilkar, B.R.…

Murder

Murder of wife at the advanced stage of pregnancy – Of late, Courts have, from the falsity of the defence plea and false answers given to Court, when questioned, found the missing links to be supplied by such answers for completing the chain of incriminating circumstances necessary to connect the person concerned with the crime committed – Accused-husband rightly convicted.

Feb 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH R. DAMODARAN — Appellant Vs. THE STATE REPRESENTED BY THE INSPECTOR OF POLICE — Respondent ( Before : Ashok Bhushan and Ajay Rastogi, JJ.…

Service Matters
Service

Constitution of India, 1950 – Art 14, 16 & 21 – Pension Scheme – Retired employees – Whenever such new benefit is extended for the existing employees, retired employees cannot seek such benefit, merely on the ground that they too were the former employees of the Corporation.

Feb 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH HIMACHAL ROAD TRANSPORT CORPORATION AND ANOTHER — Appellant Vs. HIMACHAL ROAD TRANSPORT CORPORATION RETIRED EMPLOYEES UNION — Respondent ( Before : Ashok Bhushan, R.…

Education

Education Law – Affiliation for conducting MBBS and post graduate courses- In case of non-compliance, the order passed by the ASC for withdrawal of the affiliation would continue – Not find anything wrong in the letter whereby KUHS has rejected KMC’s application for continuation of affiliation for the academic year 2020-21 as it is a necessary sequitur and consequence of the two orders passed by this Court.

Feb 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH LALITHA R NATH AND OTHERS — Appellant Vs. KANNUR MEDICAL COLLEGE AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Sanjiv Khanna,…

Service Matters
Service

Motor Transport – Selection process is mandated due to the posts of Head Constable Motor Transport being highly technical – Rules are neither discriminatory nor arbitrary – Constable Drivers can be promoted on the basis of seniority to Head Constable Drivers – If they desire to be appointed as Head Constable Motor Transport, then they have to go through selection process –

Feb 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJESH KUMAR SINGH AND OTHERS — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : L. Nageswara Rao and…

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I P C

Penal Code, 1860 (IPC) – Sections 376(2)(g) and 506(1) – Tamil Nadu Prevention of Women Harassment Act, 1998 – Section 4 – Gang Rape – The victim’s testimony, along with her mother and aunt’s statements, was consistent with the initial complaint and corroborated by medical evidence – The defense argued that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – Whether the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The inconsistencies in the witnesses’ testimonies were not significant and did not affect the overall credibility of the evidence – The court dismissed the appeal and upheld the conviction of the appellant for gang rape and related charges – The court rejected the defense’s argument that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The court found that the evidence presented was sufficient to convict the appellant for gang rape and related charges – The Supreme Court found that the evidence presented was sufficient to convict the appellant and rejected the defence’s arguments regarding inconsistencies in the witnesses’ testimonies.

May 12, 2024 sclaw
Limitation

Dismissal of Civil Suit – Condonation of delay – Standing to file an application – The court clarified that only parties to a suit or those who have accrued a right in the lis can file an application for condonation of delay in filing an application for restoration of the suit. A stranger to the proceedings cannot file such an application.

May 12, 2024 sclaw
Limitation

Limitation Act, 1963 – Haryana Public Moneys (Recovery of Dues) Act, 1979 – Section 3(1)(b) – State Financial Corporation Act, 1951 – Section 29 – The appeals arise from a High Court judgment regarding the recovery of time-barred debts under the Act, 1979, and the Act, 1951 – The main issue is whether a debt time-barred under the Limitation Act can be recovered using the aforementioned Acts – The appellants argued that time-barred debts cannot be recovered under the Recovery of Dues Act, citing the precedent set in V.R. Kalliyanikutty – The respondents argued that the Recovery of Dues Act and the State Financial Corporations Act allow for time-barred debt recovery, as they only bar the remedy, not the right – The court examined whether the Recovery of Dues Act creates a new right for creditors and allows for time-barred debt recovery – The court discussed the distinction between a debt and the right of action for its recovery, noting that the statute of limitation bars the latter but not the former – The court concluded that the Recovery of Dues Act and the State Financial Corporations Act provide an alternative mechanism for recovering debts, even if they are time-barred – Matter needs to be placed before the Hon’ble Chief Justice of India to constitute an appropriate three-judge bench.

May 12, 2024 sclaw
Consumer

Consumer Law – Policy Claim – The appellants, family of the deceased, filed a complaint after the LIC repudiated their claim on a policy following the policyholder’s accidental death – The main issue was whether there was a concluded contract between the deceased and LIC at the time of his death, which would obligate LIC to pay the insurance benefits – The appellants argued that LIC had accepted the first premium and issued a receipt, thereby assuming risk and concluding the contract before the policyholder’s death – LIC contended that the policy was not communicated to the deceased and was blocked due to his demise, implying no concluded contract existed – The Supreme Court set aside the NCDRC’s order, restored the District Forum’s order in favor of the appellants, and directed LIC to pay the insurance benefits as per the policy terms – The Court found clear presumption of acceptance of the policy by LIC, as the first premium receipt indicated the corporation was on risk from the receipt date – The Court relied on precedents that establish the principles of insurance contracts and the obligations of good faith expected from insurers – The Supreme Court concluded that LIC had indeed entered into a contract with the policyholder before his death, and thus, was liable to pay the insurance benefits to the appellants.

May 12, 2024 sclaw