Supreme Court of India Judgements

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

Month: April 2021

Constitution

High Court shall not pass order of not to arrest and/or “no coercive steps” either during the investigation or till the investigation is completed and/or till the final report/chargesheet is filed under Section 173 Cr.P.C., while dismissing/disposing of the quashing petition under Section 482 Cr.P.C. and/or under Article 226

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S NEEHARIKA INFRASTRUCTURE PRIVATE LIMITED — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, M.R. Shah…

Corruption

Demand of bribe – At the stage of framing of the charge and/or considering the discharge application, the mini trial is not permissible – At this stage, it is to be noted that even as per Section 7 of the PC Act, even an attempt constitutes an offence – Therefore, the High Court has erred and/or exceeded in virtually holding a mini trial at the stage of discharge application

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF RAJASTHAN — Appellant Vs. ASHOK KUMAR KASHYAP — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah, JJ. ) Criminal…

I B C

IBC, 2016 – Once a resolution plan is duly approved by the Adjudicating Authority under sub-section (1) of Section 31, the claims as provided in the resolution plan shall stand frozen and will be binding on the Corporate Debtor and its employees, members, creditors, including the Central Government, any State Government or any local authority, guarantors and other stakeholders

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH GHANASHYAM MISHRA AND SONS PRIVATE LIMITED THROUGH THE AUTHORIZED SIGNATORY — Appellant Vs. EDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED THROUGH THE DIRECTOR AND OTHERS —…

Accident

Drunken driving – Breath analyzer test or blood test is not mandatory for an insurer to deny an accident policy claim on the ground of drunken driving – Presence of alcohol in excess of 30 mg per 100 ml. of blood is not an indispensable requirement to enable an Insurer to successfully invoke the clause – What is required to be proved is driving by a person under the influence of the alcohol –

Apr 18, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED — Appellant Vs. PEARL BEVERAGES LIMITED — Respondent ( Before : Uday Umesh Lalit, Indira Banerjee and K.M.…

Constitution

Conspiracy to Destabilize Judiciary – Phone call conspiracy against the High Court Chief Justice and a senior sitting Judge of the Supreme Court – Investigation- Authenticity and genuineness of the transcript having been admitted to the extent as contained in audio tape – Direction by the High Court calling for report from Justice R.V. Raveendran need not be allowed to continue – Order accordingly.

Apr 18, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JUSTICE V. ESWARAIAH (RETD.) — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Ashok Bhushan and R. Subhash Reddy, JJ.…

Cheque Dishonour

A. Negotiable Instruments Act, 1881 (NI) – Section 138 – Criminal Procedure Code, 1973 (CrPC) – Section 258 – Cheque Bouncing Cases – Power to Stop Proceedings – Section 258 of the Code is not applicable to complaints under Section 138 of the Act. B. Negotiable Instruments Act, 1881 (NI) – Section 138 – Dishonour of cheque – Expeditious Trial – Directions

Apr 17, 2021 sclaw

SUPREME COURT OF INDIA CONSTITUTION BENCH IN RE: EXPEDITIOUS TRIAL OF CASES UNDER SECTION 138 OF N.I. ACT 1881. ( Before : S.A. Bobde, CJI, Nageswara Rao, B.R. Gavai, A.S.…

Specific Performance

A suit for specific performance cannot be dismissed on the sole ground of delay or laches – Escalation of prices cannot be the sole ground to deny specific performance -However, an exception to this rule is where an immovable property is to be sold within a certain period, time being of the essence, and it is not found that owing to some default on the part of the plaintiff, the sale could not take place within the stipulated time.

Apr 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH A.R. MADANA GOPAL ETC.ETC. — Appellant Vs. M/S RAMNATH PUBLICATIONS PVT. LIMITED AND ANOTHER — Respondent ( Before : L. Nageswara Rao and S.…

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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