Supreme Court of India Judgements

46660 Judgements hosted as on 19/11/2024 - Search (FREE), Subscribe, Read & Download

Month: June 2021

Arbitration

(i) Whether the provisions of Indian Limitation Act, 1963 is applicable to arbitration proceedings initiated under Section 18(3) of Micro, Small and Medium Enterprises Development Act, 2006 ?; HELD YES (ii) Whether, counter claim is maintainable in such arbitration proceedings ? HELD YES “MSMED Act, being a special Statute, will have an overriding effect vis-à-vis Arbitration and Conciliation Act, 1996, which is a general Act.”

Jun 30, 2021 sclaw

“18. With regard to first issue, namely, applicability of Limitation Act, 1963 to the arbitration proceedings initiated under provisions of Micro, Small and Medium Enterprises Development Act, 2006, we need…

Land Acquisition

Tamil Nadu State legislature had legislative competence to enact Tamil Nadu Land Acquisition Laws (Revival of Operation, Amendment and Validation) Act, 2019 and is not inconsistent with Article 254 of the Constitution of India. HELD “We hold the 2019 Act to be a legitimate legislative exercise and find it to be consistent with and within the four corners of Article 254 of the Constitution of India and also of the High Court judgment.”,

Jun 29, 2021 sclaw

State legislature had legislative competence to enact retrospective validating Act As regards the competency of legislature to enact a retrospective validating Act, the bench referred to precedents and noted the…

Constitution

HELD – Persons With Disabilities Have Right To Reservation In Promotions Siddaraju vs. State of Karnataka FOLLOWED Further HELD that the principle in Indra Sawhney & Others v. Union of India & Others – (1992) Supp. 3 SCC 215 against reservation in promotions will not extend to PWDs.

Jun 28, 2021 sclaw

The Supreme Court on Monday held that persons with physical disabilities have right to reservation in promotions also. A 2-judge bench comprising Justices Sanjay Kishan Kaul and R Subhash Reddy…

I P C

HELD “Thus, for covering an offence under Section 364A (IPC) , apart from fulfillment of first condition, the second condition, i.e., “and threatens to cause death or hurt to such person” also needs to be proved in case the case is not covered by subsequent clauses joined by “or”.”

Jun 28, 2021 sclaw

Issues framed by the Supreme Court The Supreme Court considered the following issues : I.What are the essential ingredients of Section3 46A to be proved beyond reasonable doubt by the…

Juvenile Justice

No adoption of affected children should be permitted contrary to the provisions of the JJ Act, 2015 – Invitation to persons for adoption of orphans is contrary to law as no adoption of a child can be permitted without the involvement of CARA – Stringent action shall be taken by the State Governments/Union Territories against agencies / individuals who are responsible for indulging in this illegal activity

Jun 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH IN RE CONTAGION OF COVID 19 VIRUS IN CHILDREN PROTECTION HOMES ( Before : L. Nageswara Rao and Aniruddha Bose, JJ. ) SMW (C) No.…

Constitution

Republic of Italy, deposited pursuant to award dated 21.05.2020 passed by the Arbitral Tribunal can be said to be a reasonable amount of compensation and can be said to be in the interest of heirs of the deceased – In exercise of powers under Article 142 of the Constitution. FIR quashed and set aside.

Jun 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MASSIMILANO LATORRE AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Indira Banerjee and M.R. Shah, JJ. )…

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