Supreme Court of India Judgements

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Month: February 2021

Property Matters

U L (Ceiling & Reg) Repeal Act, 1999 – Ss 3(1)(a) and S 3(2) – Ownership and possession -There is nothing on record, that conclusively establishes possession of the suit property either by the Competent Authority or the Appellant herein. Given the conflicting averments made by the parties, this is a pure question of fact – Matter to be remitted to the D B of the Karnataka High Court to consider the case afresh.

Feb 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH U.A. BASHEER THROUGH G.P.A. HOLDER — Appellant Vs. STATE OF KARNATAKA AND ANOTHER — Respondent ( Before : Mohan M. Shantanagoudar and Vineet Saran,…

C P C

Consent decree – Estoppel – It is well settled that consent decrees are intended to create estoppels by judgment against the parties, thereby putting an end to further litigation between the parties – A consent decree would not serve as an estoppel, where the compromise was vitiated by fraud, misrepresentation, or mistake

Feb 24, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COMPACK ENTERPRISES INDIA PRIVATE LIMITED — Appellant Vs. BEANT SINGH — Respondent ( Before : Mohan M. Shantanagoudar and Vineet Saran, JJ. ) SLP…

Arbitration

Presence of an arbitration clause within a contract between a state instrumentality and a private party has not acted as an absolute bar to availing remedies under Article 226 – If the state instrumentality violates its constitutional mandate under Article 14 to act fairly and reasonably, relief under the plenary powers of the Article 226 of the Constitution would lie.

Feb 24, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNITECH LIMITED AND OTHERS — Appellant Vs. TELANGANA STATE INDUSTRIAL INFRASTRUCTURE CORPORATION (TSIIC) AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud…

C P C

(CPC) – Section 89 – Tamil Nadu Court Fees and Suit Valuation Act, 1955 – Section 69A – Refund of Court fees – Settlement of disputes outside the Court – Parties who have agreed to settle their disputes without requiring judicial intervention under Section 89, CPC are even more deserving of this benefit.

Feb 23, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE HIGH COURT OF JUDICATURE AT MADRAS REP. BY ITS REGISTRAR GENERAL — Appellant Vs. M.C. SUBRAMANIAM AND OTHERS — Respondent ( Before :…

I P C

Punishment of life imprisonment for remainder of natural life- It is true that the punishment of remainder of natural life could not have been imposed by the learned trial Judge but after looking into the entire case – It appropriate to confirm the sentence of imprisonment for life to mean the remainder of natural life while upholding the conviction under Section 302 IPC – Appeal dismissed.

Feb 23, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GAURI SHANKAR — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : Indu Malhotra and Ajay Rastogi, JJ. ) Criminal Appeal No. 135…

Education

Admission to MBBS Course – Equivalence certificate – substance of the eligibility requirement is the candidate should have qualified an intermediate level examination or first year of a graduate course, and studied the subjects of Physics, Chemistry and Biology at this level, along with practical testing and English – This subject matter requirement is at the heart of eligibility to be admitted into the medical course.

Feb 23, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KALOJI NARAYANA RAO UNIVERSITY OF HEALTH SCIENCES — Appellant Vs. SRIKEERTI REDDI PINGLE AND OTHERS — Respondent ( Before : L. Nageswara Rao and…

Corporate

DRAT – Waiver of pre deposit – In all cases fifty per cent of the decretal amount i.e. the debt due is to be deposited before the DRAT as a mandatory requirement, but in appropriate cases for reasons to be recorded the deposit of at least twenty five per cent of the debt due would be permissible, but not entire waiver.

Feb 23, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH KOTAK MAHINDRA BANK PRIVATE LIMITED — Appellant Vs. AMBUJ A. KASLIWAL AND OTHERS — Respondent ( Before : S. A. Bobde, CJI, A. S.…

Education

Permission for establishment of new Medical College – Gross deficiencies found -No action has been taken to improve the situation – State Government is directed to rectify all the deficiencies that have been pointed out by the MCI at the earliest and make an application for renewal of permission for admission of the second batch of MBBS students for the academic year 2021-2022.

Feb 23, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DUMKA MEDICAL COLLEGE, DUMKA AND ANOTHER — Appellant Vs. BOARD OF GOVERNORS IN SUPERSESSION OF MEDICAL COUNCIL OF INDIA AND ANOTHER — Respondent (…

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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