Supreme Court of India Judgements

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Month: April 2021

Cr P C

According to the learned counsel for the co-accused, they are also aged and that they are also suffering from ill health – Therefore, they contend that a transfer from Darjeeling to New Delhi will make their life miserable – If the petitioner is entitled to a fair trial, the Respondent Nos. 2 and 3 are also equally entitled to a fair trial – Transfer dismissed.

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA SINGLE BENCH DEVENDRA KUMAR SAXENA — Appellant Vs. CENTRAL BUREAU OF INVESTIGATION (CBI) AND OTHER — Respondent ( Before : V. Ramasubramanian, J. ) Transfer Petition…

Constitution

DEFICIENCIES IN CRIMINAL TRIALS -The courts in all criminal trials should, at the beginning of the trial, i.e. after summoning of the accused, and framing of charges, hold a preliminary case management hearing – This hearing may take place immediately after the framing of the charge – In this hearing, the court should consider the total number of witnesses, and classify them as eyewitness, material witness, formal witness (who would be asked to produce documents, etc) and experts

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH IN RE: TO ISSUE CERTAIN GUIDELINES REGARDING INADEQUACIES AND DEFICIENCIES IN CRIMINAL TRIALS — Appellant Vs. THE STATE OF ANDHRA PRADESH AND OTHERS —…

State Laws

H P G S T Rules, 2017 – Rule 159(5) – Provisional attachment – Under the provisions of Rule 159(5), the person whose property is attached is entitled to dual procedural safeguards: (a) An entitlement to submit objections on the ground that the property was or is not liable to attachment; and (b) An opportunity of being heard;

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S RADHA KRISHAN INDUSTRIES — Appellant Vs. STATE OF HIMACHAL PRADESH AND OTHERS RESPONDENT ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah,…

Acquittal

High Court misdirected itself in finding support for conviction on such unclinching evidence – The innocence of the appellants is a distinct possibility in the present matter and when two views are possible the benefit must go to the accused-Evidence Act, 1872 – Section 106 – Burden of Proof – As the burden to prove the guilt is always on the prosecution and cannot be shifted to the accused by virtue of Section 106

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH SURENDRA KUMAR AND ANOTHER — Appellant Vs. STATE OF U.P. — Respondent ( Before : Rohinton Fali Nariman, B.R. Gavai and Hrishikesh Roy, JJ.…

Environment

Protection of two species of birds namely Great Indian Bustard ‘GIB’ and Lesser Florican – convert the overhead cables into underground powerlines the same shall be undertaken and completed within a period of one year and till such time the divertors shall be hung from the existing powerlines – Ordered accordingly.

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH M.K. RANJITSINH AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : S. A. Bobde, CJI., A.S. Bopanna and…

State Laws

Gokarna Mahabaleshwara Temple Case – Court direct that the ‘Overseeing Committee’ shall function under the Chairmanship of Hon’ble Justice Sri. B.N. Srikrishna, Former Judge, Supreme Court of India and manage the affairs of the temple in all respects – Ramchandrapura Math shall hand over charge of the affairs of the temple to the Assistant Commissioner who shall also act as Secretary to the ‘Overseeing Committee’.

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH RAMACHNADRAPURA MATH — Appellant Vs. SRI SAMSTHANA MAHABALESHWARA DEVARU AND OTHERS — Respondent ( Before : S. A. Bobde, CJI., A.S. Bopanna and V.…

Education

Affiliation for B. Pharma Course – Respondent-university is therefore directed to grant affiliation to the petitioner colleges for the academic year 2020-21 and also permit the students of the petitioner colleges to participate in the special examinations to be organized by the respondent -University for the academic year 2020-21

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH VIIT PHARMACY COLLEGE AND ANOTHER — Appellant Vs. DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND ANOTHER — Respondent ( Before : R.F. Nariman, B.R.…

You missed

Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw
Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw
Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw