Supreme Court of India Judgements

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

Month: May 2021

Constitution

Maradu Flats Case – This Court direct that the amount of Rs.6.12 crores + 1.50 crores lying in deposit to the account of M/s.Jain Housing & Constructions Ltd. be disbursed on pro rata basis to the flat owners and agreement holders of M/s. Jain Housing & Constructions Ltd.

May 16, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE KERALA STATE COASTAL ZONE MANAGEMENT AUTHORITY MEMBER SECRETARY — Appellant Vs. MARADU MUNICIPALITY AND OTHERS — Respondent ( Before : Navin Sinha and…

Constitution

Maharashtra State Reservation (of seats for admission in educational institutions in the State and for appointments in the public services and posts under the State) for Socially and Educationally Backward Classes (SEBC) Act, 2018 as amended in 2019 granting 12% and 13% reservation for Maratha community in addition to 50% social reservation is not covered by exceptional circumstances as contemplated by Constitution Bench in Indra Sawhney v. Union of India, (1992) Sup3 SCC 217.

May 16, 2021 sclaw

SUPREME COURT OF INDIA CONSTITUTION BENCH DR. JAISHRI LAXMANRAO PATIL — Appellant Vs. THE CHIEF MINISTER AND OTHERS — Respondent ( Before : Ashok Bhushan, S. Abdul Nazeer, L. Nageswara…

Constitution

Held If the remand is absolutely illegal or the remand is afflicted with the vice of lack of jurisdiction, a Habeas Corpus petition would indeed lie. Equally, if an order of remand is passed in an absolutely mechanical manner, the person affected can seek the remedy of Habeas Corpus. Barring such situations, a Habeas Corpus petition will not lie.

May 15, 2021 sclaw

  Thus, we would hold as follows: If the remand is absolutely illegal or the remand is afflicted with the vice of lack of jurisdiction, a Habeas Corpus petition would…

Education

Private unaided schools in Rajasthan shall collect annual school fees from their students as fixed under the Act of 2016 for the academic year 2019-20, but by providing deduction of 15 per cent on that amount in lieu of unutilised facilities by the students during the relevant period of academic year 2020-21

May 9, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INDIAN SCHOOL, JODHPUR AND ANOTHER — Appellant Vs. STATE OF RAJASTHAN AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ.…

Electricity Act

Appellate Tribunal reversed the findings recorded by the Commission regarding commissioning of plant by relying upon certificate issued by the KPTCL that the Solar Plants were commissioned on 16.10.2017 – No dispute about power injected – Judgment of Appellate Tribunal upheld – Appeals dismissed.

May 9, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM) — Appellant Vs. E.S. SOLAR POWER PRIVATE LIMITED AND OTHERS — Respondent ( Before : L. Nageswara Rao…

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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