Supreme Court of India Judgements

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Month: April 2021

Bail Declined

It is needless to point out that in cases of this nature, it is important that courts do not enlarge an accused on bail with a blinkered vision by just taking into account only the parties before them and the incident in question -the courts to recognise the potential threat to the life and liberty of victims/witnesses, if such accused is released on bail.

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH SUDHA SINGH — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : S.A. Bobde, C.J.I, A.S. Bopanna and V.…

I B C

IBC, 2016 – Where the interim resolution professional or resolution professional, as the case may be, considers the supply of goods or services critical to protect and preserve the value of the corporate debtor and manage the operations of such corporate debtor as a going concern, then the supply of such goods or services shall not be terminated, suspended or interrupted during the period of moratorium,

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SANDEEP KHAITAN, RESOLUTION PROFESSIONAL FOR NATIONAL PLYWOOD INDUSTRIES LIMITED — Appellant Vs. JSVM PLYWOOD INDUSTRIES LIMITED AND ANOTHER — Respondent ( Before : Uday…

C P C

CPC- In a money suit, the Court must invariably resort to Order XXI Rule 11, ensuring immediate execution of decree for payment of money on oral application. In a suit for payment of money, before settlement of issues, the defendant may be required to disclose his assets on oath, to the extent that he is being made liable in a suit. The Court may further, at any stage, in appropriate cases during the pendency of suit, using powers under Section 151 CPC, demand security to ensure satisfaction of any decree

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH RAHUL S SHAH — Appellant Vs. JINENDRA KUMAR GANDHI AND OTHERS — Respondent ( Before : S.A. Bobde, C.J.I., L. Nageswara Rao and S.…

Arbitration

A and C Act, 1996 – S 31(7) – Interest on delayed payment – Only difference between the situation contemplated in the provision and the facts of this case is that the agreement involved is not silent on interest entitlement of the appellants on delayed payment but the agreement contains provision for such payment – Appeal allowed.

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. ORIENTAL STRUCTURAL ENGINEERS PRIVATE LIMITED — Appellant Vs. STATE OF KERALA — Respondent ( Before : Surya Kant and Aniruddha Bose, JJ. )…

Bail Declined

(IPC) – Ss 302, 143, 144, 147, 148, 149, 341, 384, 120B, 506(2) and 34 – Arms Act, 1959 – Ss 25(1-b) A, 27 and 29 – (CrPC) – S 439 – Five Murders – Land Dispute – High Court Grants Bail Duty to record reasons is a significant safeguard which ensures that the discretion which is entrusted to the court is exercised in a judicious manner. The recording of reasons in a judicial order ensures that the thought process underlying the order is subject to scrutiny and that it meets objective standards of reason and justice

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAMESH BHAVAN RATHOD — Appellant Vs. VISHANBHAI HIRABHAI MAKWANA MAKWANA (KOLI) AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R.…

Constitution

Appointment of ad hoc Judges – High Courts are in a crisis situation – i. The Intelligence Bureau (IB) should submit its report/inputs within 4 to 6 weeks ii. It would be desirable that the Central Government forward the file(s)/recommendations to the Supreme Court within 8 to 12 weeks iii. It would be for the Government to thereafter proceed to make the appointment immediately on the aforesaid consideration and undoubtedly if Government has any reservations on suitability or in public interest

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S. PLR PROJECTS PRIVATE LIMITED — Appellant Vs. MAHANADI COALFIELDS LIMITED AND OTHERS — Respondent ( Before : S.A. Bobde, CJI, Sanjay Kishan Kaul…

You missed

C P C

Civil Procedure Code, 1908 – Section 96 – Appeal from original decree -The core issue revolves around the validity of the agreement and the Arbitrator’s award, given that the original ex-parte decree in favor of the plaintiff was set aside and the suit was to proceed from the stage of the State filing its written statement – The Supreme Court allowed the appeal, set aside the High Court’s order, and directed the Trial Court to proceed with the suit on merits based on evidence – The Court reasoned that the agreement dated 30.07.1991 lost its credibility as the basis of the agreement, the ex-parte decree, was set aside, and the suit was to be continued from a specific stage.

Apr 27, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Sections 420,120B and 34 – Territorial jurisdiction for the FIR -The Supreme Court quashed the FIR and all proceedings, concluding that the matter was civil, not criminal, and that Arunachal Pradesh lacked territorial jurisdiction – The Court found no evidence of a cognizable offence and deemed the dispute to be of a civil nature, suitable for resolution in a civil court – The Court applied the principle that civil disputes should not be converted into criminal complaints unless there is clear evidence of criminal intent or action – The FIR and subsequent proceedings were quashed, with the Court questioning why the State of Arunachal Pradesh pursued the case when the complainant did not challenge the Rajasthan High Court’s order.

Apr 27, 2024 sclaw
Service

Service Law – Appointment of Technical Assistants as Assistant Engineers in the PWD, Tamil Nadu, based on service and qualifications – Court reasoned that the appointments did not encroach upon the quota for direct recruits and were equitable, considering the long-standing practice and the need to fill vacancies – The judgment emphasizes the importance of adhering to established rules and procedures while also recognizing the practical considerations of government administration – The conclusion reaffirms the validity of the appointments made and the discretion of the executive in the absence of specific rules.

Apr 27, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Section 302 – Murder – Appellant was convicted for the murder – Supreme Court acquitted the appellant, giving him the benefit of doubt, as the prosecution failed to establish guilt beyond reasonable doubt – The Court found inconsistencies in the testimonies of the prosecution witnesses and deemed them unreliable – The Court applied the principle that extra judicial confessions are weak evidence and require corroboration – The appellant was acquitted due to the prosecution’s inability to prove the charges with certainty.

Apr 27, 2024 sclaw