Supreme Court of India Judgements

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

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…

You missed

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