Supreme Court of India Judgements

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

Month: August 2021

Service Matters
Service

Caste Certificate Rules – High Court grossly erred in failing to appreciate that the appellant held a valid caste certificate from the competent authority in the State of Maharashtra under Rule 6(1)(a) in Form 10 in accordance with the prescribed procedure, the genuineness and validity of which was not in question before it – Furthermore, the appellant was not seeking the reserved status for the purpose of education or employment

Aug 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ARUNA — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Navin Sinha and R. Subhash Reddy, JJ. ) Civil…

Service Matters
Service

Uttar Pradesh Regularisation of Ad hoc Appointments HELD Determination of Seniority – Services rendered by the ad hoc appointees prior to their regularisation as per the 1979 Rules shall not be counted for the purpose of seniority, vis-à-vis, the direct recruits who were appointed prior to 1989 and they are not entitled to seniority from the date of their initial appointment in the year 1985.

Aug 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RASHI MANI MISHRA AND OTHERS — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and…

Direct Taxation

Income Tax Act, 1961 – Bogus donation – Cancellation of Trust Registration – HELD Donations were received by way of cheques out of which substantial money was ploughed back or returned to the donors in cash – The facts thus clearly show that those were bogus donations

Aug 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COMMISSIONER OF INCOME TAX (EXEMPTIONS), KOLKATA — Appellant Vs. BATANAGAR EDUCATION AND RESEARCH TRUST — Respondent ( Before : Uday Umesh Lalit and Ajay…

I P C

Circumstantial evidence – Last seen theory – If the accused fails to offer any plausible explanation, an adverse inference can be drawn against the accused – HELD the Courts have to not only consider the factum of last seen, but also have to keep in mind the circumstances that preceded and followed from the point of the deceased being so last seen in the presence of the accused.

Aug 7, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH SURAJDEO MAHTO AND ANOTHER — Appellant Vs. THE STATE OF BIHAR — Respondent ( Before : N.V. Ramana, CJI, Surya Kant and Aniruddha Bose,…

Cr P C

Insecticides Act, 1968 – Ss 3(k)(i), 17, 18, 33, 29 – (CrPC) – Ss 200 & 202 – Misbranding HELD Proviso to Sec 200 of Cr PC, the Magistrate, while taking cognizance, need not record statement of such public servant, who has filed the complaint in discharge of his official duty – Further, by virtue of Section 293 of Cr PC, report of the Government Scientific Expert is, per se, admissible in evidence – Cr PC itself provides for exemption from examination of such witnesses, when the complaint is filed by a public servant

Aug 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. CHEMINOVA INDIA LTD AND ANOTHER — Appellant Vs. STATE OF PUNJAB AND ANOTHER — Respondent ( Before : Navin Sinha and R. Subhash…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 17(2) – Award of Emergency Arbitrator – It is wholly incorrect to say that Section 17(1) of the Act would exclude an Emergency Arbitrator’s orders. HELD A party cannot, after it participates in an Emergency Award proceeding, having agreed to institutional rules made in that regard, that thereafter it will not be bound by an Emergency Arbitrator’s ruling.

Aug 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AMAZON.COM NV INVESTMENT HOLDINGS LLC — Appellant Vs. FUTURE RETAIL LIMITED AND OTHERS — Respondent ( Before : R.F. Nariman and B.R. Gavai, JJ.…

I B C

A judgment and/or decree for money in favour of the Financial Creditor, passed by the DRT, or any other Tribunal or Court, or the issuance of a Certificate of Recovery in favour of the Financial Creditor, would give rise to a fresh cause of action for the Financial Creditor, to initiate proceedings under Section 7 of the IBC

Aug 6, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DENA BANK (NOW BANK OF BARODA) — Appellant Vs. C. SHIVAKUMAR REDDY AND ANR. — Respondent ( Before : Indira Banerjee and V. Ramasubramanian,…

Constitution

Expunction of remarks against Advocate- Comments were unnecessary for the decision of the Court – Held that the offending remarks should be recalled to avoid any future harm to the Appellant ‘s reputation or his work as a member of the Bar – Order expunction of the extracted remarks in judgement – Appeal disposed of.

Aug 4, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEERAJ GARG — Appellant Vs. SARITA RANI AND ORS. ETC — Respondent ( Before : Rohinton Fali Nariman and Hrishikesh Roy, JJ. ) Civil…

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