Supreme Court of India Judgements

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Month: August 2021

Consumer

Consumer Protection Act, 1986 – Section 24A – Insurance Act, 1938 – Section 64- UM(c) – Fire Insurance Claim – Surveyor report – HELD the reliance placed on the surveyor’s report by the NCDRC without giving credence to the investigation report in the facts and circumstances of the instant case cannot be faulted – Accordingly, the amount as ordered by the NCDRC shall be payable with interest at 9% per annum instead of 12% per annum – Appeal allowed in part.

Aug 28, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL INSURANCE COMPANY LTD. — Appellant Vs. M/S. HARESHWAR ENTERPRISES (P) LTD. AND OTHERS — Respondent ( Before : Hemant Gupta and A.S. Bopanna,…

Rent

Rented land – Use of land as club for a pavilion is in interest of section of public – Eviction petition – Maintainability – – Therefore, use of land as club for a pavilion is in interest of section of the public – Thus, land let out to a club which for the purpose of construction and use of pavilion falls within the scope of Section 2(f) of the Act and thus eviction petition is maintainable under the Act – Appeal allowed.

Aug 22, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJINDER KUMAR BANSAL AND OTHERS — Appellant Vs. MUNICIPAL COMMITTEE AND OTHERS — Respondent ( Before : Hemant Gupta and A.S. Bopanna, JJ. )…

Property Matters

Redemption of Mortgage – Decree of foreclosure passed in the suit filed by the mortgagee will not extinguish the right of the mortgagor to redeem land in view of the fact that he was not impleaded as a party in the suit though he has purchased part of the mortgaged property by virtue of registered sale deed.

Aug 22, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NARAYAN DEORAO JAVLE (DECEASED) THROUGH LRS — Appellant Vs. KRISHNA AND OTHERS — Respondent ( Before : Hemant Gupta and A.S. Bopanna, JJ. )…

Corporate

Tender – Supply of E-learning Kits to 22 Zilla Parishad Schools in Maharashtra – Upgradation of software and training could not be performed – Recovery proceedings – Challenged – Appellant shall undertake the upgrading of software as agreed under the contract and also impart training to the teachers

Aug 22, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MULTITASK SOLUTIONS — Appellant Vs. ZILLA PARISHAD WASHIM AND OTHERS — Respondent ( Before : Hemant Gupta and A.S. Bopanna, JJ. ) Civil Appeal…

SARFAESI

SARFAESI Act, it has to satisfy the conditions of Section 65A of the Transfer of Property Act, 1882 – If a tenant claims that he is entitled to possession of a Secured Asset for a term of more than a year, it has to be supported by the execution of a registered instrument – HELD even if the tenancy has been claimed to be renewed in terms of Section 13(13) of the SARFAESI Act, the Borrower would be required to seek consent of the secured creditor for transfer of the Secured Asset by way of sale, lease or otherwise, after issuance of the notice under Section 13(2) of the SARFAESI Act and, admittedly, no such consent has been sought by the Borrower in the present case – Appeal dismissed.

Aug 22, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HEMRAJ RATNAKAR SALIAN — Appellant Vs. HDFC BANK LIMITED AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Krishna Murari, JJ. )…

Service Matters
Service

Appointment of appellant can only be construed as irregular and not illegal – Appellant is held entitled to be regularized with all consequential benefits – Appeal allowed. Finding recorded by the Division Bench of the High Court in respect of nature of the appointment of the appellant being illegal is thus not liable to be sustained – Her rejection of the claim for regularization on the ground of her appointment being illegal by the impugned order is patently erroneous.

Aug 22, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEELIMA SRIVASTAVA — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : S.Abdul Nazeer and Krishna Murari, JJ. )…

Cr P C

Improper To Quash FIR U/s 482 CrPC When There Are Serious Triable Allegations – the contents of FIR and prima facie material, if any, requiring no proof. At such stage, the High Court cannot appreciate evidence nor can it draw its own inferences from contents of FIR and material relied on. HELD the High Court cannot act like the Investigating agency nor can exercise the powers like an Appellate Court.

Aug 16, 2021 sclaw

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 787 OF 2021 Kaptan Singh …Appellant Versus The State of Uttar Pradesh and others …Respondents J U…

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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