August 2021 - Supreme Court of India Judgements

April 27, 2024 3:27 pm

Post of Police Constable- Certain types of offences, like molestation of women, or trespass and beating up, assault, causing hurt or grievous hurt, (with or without use of weapons), of victims, in rural settings, can also be indicative of caste or hierarchy-based behaviour more so, in the case of recruitment for the police force, who are under a duty to maintain order, and tackle lawlessness, since their ability to inspire public confidence is a bulwark to society’s security – Appointment declined – Appeal allowed.

Aug 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COMMISSIONER OF POLICE — Appellant Vs. RAJ KUMAR — Respondent ( Before : K.M. Joseph and S. Ravindra Bhat, JJ. ) Civil Appeal No.…

Bail Declined

Murder – Bail – Cancellation of – Habitual offender – Hatching conspiracy from the jail – There is a high possibility of threat and danger to the life and safety of complainant and his family members, as is evident from the criminal history of accused, detailed – Bail cancelled – Appeal allowed.

Aug 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARJIT SINGH — Appellant Vs. INDERPREET SINGH @ INDER AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah, JJ.…

Service

EPF Pension – Principal questions arise for consideration are whether there would be a cut-off date under paragraph 11(3) of the Employees Pension Scheme and whether the decision in R.C. Gupta & Ors. Etc. etc. vs. Regional Provident Fund Commissioner Employees Provident Fund Organization & Ors. Etc., (2018) 4 SCC 809 would be the governing principle on the basis of which all these matters must be disposed of. Referred to a larger bench.

Aug 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE EMPLOYEES PROVIDENT FUND ORGANISATION AND ETC. — Appellant Vs. SUNIL KUMAR B AND ETC. — Respondent ( Before : Uday Umesh Lalit and…

Arbitration

Bank guarantee – ICBC, which is a Scheduled Bank, carrying on business in India, with a Bank Guarantee of equivalent amount issued by a “Scheduled Indian Bank” – Hon’ble Justice Indira Banerjee allowed the appeal and Hon’ble Justice V. Ramasubramanian dismiss the Special Leave Petitions as not giving rise to any substantial question of law warranting interference under Article 136 of the Constitution – Appeal referred to Hon’ble the Chief Justice of India for appropriate directions.

Aug 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SEPCO ELECTRIC POWER CONSTRUCTION CORPORATION — Appellant Vs. POWER MECH PROJECTS LIMITED — Respondent ( Before : Indira Banerjee and V. Ramasubramanian, JJ. )…

Service

‘ Creamy layer’ HELD Economic criterion cannot be the sole criterion for identifying ‘creamy layer’ – In spite of Section 5(2) of the 2016 Act making it mandatory for identification and exclusion of ‘creamy layer’ to be on the basis of social, economic and other relevant factors, the State of Haryana has sought to determine ‘creamy layer’ from backward classes solely on the basis of economic criterion and has committed a grave error in doing so

Aug 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PICHRA WARG KALYAN MAHASABHA HARYANA (REGD.) AND ANOTHER — Appellant Vs. THE STATE OF HARYANA AND ANOTHER — Respondent ( Before : L. Nageswara…

Cr P C

Quashing of criminal proceedings – Stage of framing of charge – High Court has entered into the appreciation of the evidence and considered whether on the basis of the evidence, the accused is likely to be convicted or not, – HELD it is not a court conducting the trial and/or was not exercising the jurisdiction as an appellate court against the order of conviction or acquittal.

Aug 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SARANYA — Appellant Vs. BHARATHI AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah, JJ. ) Criminal Appeal No.…

Cr P C

Summoning additional accused – HELD As per the settled preposition of law, the powers under Section 319 CrPC can be exercised at any stage before the final conclusion of the trial. – dismissing the application under Section 319 CrPC submitted on behalf of the complainant to summon the private respondents herein as additional accused are unsustainable and deserve to be quashed and set aside and are accordingly quashed and set aside – Appeal allowed.

Aug 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANJEET SINGH — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah, JJ. )…

Murder

(IPC) – Sections 302, 120B, 147, 148 and 324 – Murder – HELD In the face of appellant’s such identification by name in the testimony of eye witnesses, it can be safely concluded that the failure to conduct the Test Identification Parade (TIP) for the appellant will not vitiate his conviction – Conviction of the appellant u/S 302, 120B, 147, 148 and Section 324 of the Indian Penal Code was upheld – Appeal dismissed.

Aug 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH LALA @ ANURAG PRAKASH AASRE — Appellant Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : Sanjay Kishan Kaul and Hrishikesh Roy, JJ.…

Service

Reservation – Employees who are members of the SC/ST/OBC – HELD Person is entitled to claim the benefit of reservation in either of the successor State of Bihar or State of Jharkhand but would not be entitled to claim the privileges and benefits of reservation simultaneously in both the States and if that is permitted, it will defeat the mandate of Articles 341(1) and 342(1) of the Constitution.

Aug 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PANKAJ KUMAR — Appellant Vs. STATE OF JHARKHAND AND OTHERS — Respondent ( Before : Uday Umesh Lalit and Ajay Rastogi, JJ. ) Civil…

Acquittal

(IPC) – S 302 r/with S 34 – Murder – Recovery of weapons – Prosecution has not established either through the report of FSL or otherwise, that the blood stains contained in the knife and lathis were that of the deceased – Conviction and sentence set aside – Appeal allowed.

Aug 28, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MADHAV — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Indira Banerjee and V. Ramasubramanian, JJ. ) Criminal Appeal No. 852…

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Constitution Election Laws

EVM and VVPAT – Reliability – The petitioners challenged the reliability of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) systems, suspecting potential manipulation and demanding transparency in the voting process – The core issues revolved around the integrity of EVMs, the adequacy of VVPAT verification, and the fundamental right of voters to know their votes are correctly recorded and counted – Petitioner argued for a return to paper ballots, provision of VVPAT slips to voters, or 100% counting of VVPAT slips alongside electronic counts, citing concerns over EVM transparency and voter confidence – The Election Commission of India (ECI) defended the EVMs’ success in ensuring free, fair, and transparent elections, highlighting technological safeguards against tampering and the benefits over paper ballots – The Court upheld the current EVM and VVPAT system, dismissing the petitions and suggesting improvements for transparency without disrupting the ongoing electoral process – The Court relied on past precedents, the ECI’s robust procedures, and the absence of cogent material evidence against EVMs to reject the petitions – The judgment referenced constitutional provisions, electoral laws, and previous rulings to support the ECI’s position and the current electoral practices – The Supreme Court concluded that the EVMs and VVPAT systems are reliable, and the petitions were dismissed based on the lack of substantial evidence against the current electoral process.

Apr 27, 2024 sclaw

Acquittal

Penal Code, 1860 (IPC) – Sections 302, 304 and 34 – Acquittal – Benefit of Doubt – The Supreme Court acquitted the appellant, citing unreliable witness testimonies and lack of corroborative evidence – The Court’s reasoning focused on the credibility of the key witnesses and the absence of corroborative material to support the prosecution’s case – The legal reasoning included the principle of ‘falsus in uno, falsus in omnibus’ not being applicable in Indian jurisprudence – The conclusion was that the appellant deserved acquittal due to the benefit of doubt – The judicial opinion emphasized the quality of evidence over quantity in determining the truth.

Apr 27, 2024 sclaw

I P C

National Investigation Agency Act, 2008 – Section 22(3) – Penal Code, 1860 – Sections 121A, 122, 123, 124A and 120B – Unlawful Activities (Prevention) Act, 1967 – Sections 16, 18, 18B, 20, 38, 39 and 43D – The case involves the State of West Bengal appealing against a High Court judgment that quashed UAPA proceedings against the respondent due to jurisdiction issues – The Court reasoned that the Sessions Court had jurisdiction as per Section 22(3) of the NIA Act since the State had not constituted a Special Court – The Court discussed the modified application of Section 167 CrPC under Section 43D of UAPA and the definition of ‘Court’ under Section 2(1)(d) of UAPA. – The Supreme Court concluded that the City Sessions Court had the jurisdiction to pass the order adding UAPA offences and permitted the continuation of the trial.

Apr 27, 2024 sclaw

Constitution Tenders & Contracts

The Supreme Court set aside the Division Bench’s order, restored the Single Judge’s order, and allowed the appeal, emphasizing the principles of delay and latches in judicial proceedings – The Court reasoned that the writ petitioner’s delay in asserting rights and acquiescence to the Corporation’s actions warranted dismissal of the writ petition – The Court cited precedents stating that delay defeats equity and that the High Court may refuse to exercise its extraordinary powers if there is negligence or omission on the part of the applicant – The appeal was allowed, and the writ petition was dismissed on the grounds of delay and latches, with no order as to costs.

Apr 27, 2024 sclaw

Month: August 2021

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