Supreme Court of India Judgements

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Month: September 2021

C P C

(CPC) – Section 100 – Punjab Courts Act, 1918 – Section 41 – Findings of fact – Second appeal – Jurisdiction – Jurisdiction in second appeal is not to interfere with the findings of fact on the ground that findings are erroneous, however, gross or inexcusable the error may seem to be – Findings of fact will also include the findings on the basis of documentary evidence – Jurisdiction to interfere in the second appeal is only where there is an error in law or procedure and not merely an error on a question of fact.

Sep 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AVTAR SINGH AND OTHERS — Appellant Vs. BIMLA DEVI AND OTHERS — Respondent ( Before : K.M. Joseph and S. Ravindra Bhat, JJ. )…

Consumer

Insurance claim – Temporary registration of the vehicle expired – On the date of theft, the vehicle had been driven/used without a valid registration, amounting to a clear violation of Sections 39 and 192 of the Motor Vehicles Act, 1988 – This results in a fundamental breach of the terms and conditions of the policy, as held by this Court in Narinder Singh vs. New India Assurance Co. Ltd., (2014) 9 SCC 324. entitling the insurer to repudiate the policy – Insurance claim denied.

Sep 30, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH  UNITED INDIA INSURANCE CO. LIMITED — Appellant Vs. SUSHIL KUMAR GODARA — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Bela.…

Cr P C

HELD converting a civil dispute into a criminal dispute, with a view to pressurize the accused. In the order impugned in these petitions, the High Court has given elaborate reasons as to how the allegations of bank fraud were developed during the proceedings concerning allegations of election fraud – Therefore, the impugned order cannot be said to be bad in the light of Neeharika (2021) SCC Online SC 315 case principles – High Court was perfectly justified in granting interim protection

Sep 27, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH A P MAHESH COOPERATIVE URBAN BANK SHAREHOLDERS WELFARE ASSOCIATION — Appellant Vs. RAMESH KUMAR BUNG AND OTHERS — Respondent ( Before : Indira Banerjee…

I B C

Once the “Operational Creditor” has filed an application which is otherwise complete, the adjudicating authority has to reject the application under Section 9(5)(ii)(d) of IBC, if a notice has been received by “Operational Creditor” or if there is a record of dispute in the information utility

Sep 27, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KAY BOUVET ENGINEERING LIMITED — Appellant Vs. OVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMITED — Respondent ( Before : R.F. Nariman and B.R. Gavai, JJ.…

Arbitration

A and C Act, 1996 – S 11(6) – Appointment of sole arbitrator – HELD Parties have neither denied that there is no ‘arbitrable dispute’ between them nor have they challenged the existence of the arbitration clause(s) in the Construction Management Service Agreements – Considering that the primary twin-test envisioned under Section 11(6) of the Act has been satisfied by the Petitioner – Nature of disputes that have arisen between the parties, thus, can be adjudicated in the arbitral proceedings

Sep 27, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DLF HOME DEVELOPERS LIMITED — Appellant Vs. RAJAPURA HOMES PRIVATE LIMITED AND ANOTHER — Respondent ( Before : N.V. Ramana, CJI, Surya Kant, JJ.…

Narcotics

(NDPS) – Sections 8, 21, 27A, 29, 37(1)(b), 37(1)(b)(ii), 42 and 67 – Cancellation of bail -A finding of the absence of possession of the contraband on the person of the respondent by the High Court in the impugned order does not absolve it of the level of scrutiny required under Section 37(1)(b)(ii) of the NDPS Act – A confessional statement made under Section 67 of the NDPS Act will not be admissible in evidence – Contention that Section 42 of the NDPS Act was not complied with is prima facie misplaced

Sep 27, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA THROUGH NARCOTICS CONTROL BUREAU, LUCKNOW — Appellant Vs. MD. NAWAZ KHAN — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and…

Constitution

HELD Our answer with respect to the first prayer in Miscellaneous Application No. 1465 of 2021 will be sufficient to take care of the issue of special audit dealt with in the resolution dated 27.10.2020. The urgency spelt out in the report dated 31.08.2021, however, calls for immediate action. We, therefore, direct that the special audit, as referred to hereinabove, with respect to Sree Padmanabhaswamy Temple and SPSTT be completed as early as possible and preferably within three months from the date of this order.

Sep 27, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH SRI MARTHANDA VARMA (D) TH. LRS. AND OTHERS — Appellant Vs. STATE OF KERALA AND OTHERS — Respondent ( Before : Uday Umesh Lalit,…

Service Matters
Service

HELD direct the respondent(s) to give effect to the judgment of the High Court dated 04.11.2011 which had affirmed the order of the Tribunal dated 08.04.2010 by recalling orders of reversion, if any, and extending monetary benefits to the appellants herein and thereafter, to consider their cases under the Voluntary Retirement Scheme (VRS) if they have so applied and if their applications are in order. No costs.

Sep 27, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH  MEDINI. C AND OTHERS ETC. ETC. — Appellant Vs. BHARAT SANCHAR NIGAM LIMITED AND OTHERS ETC. ETC. — Respondent ( Before : L. Nageswara…

I P C

IPC Section 302/34 – no contra evidence on behalf of the defence to explain as to why they all went together to the spot with fire-arms and shot at the deceased – On the other hand, the antecedent enmity between the accused and the victims as narrated in detail by PW-1 clearly brings out the fact that there existed a common intention on the part of the accused inasmuch as they went together armed with guns in broad day light to the land where the victims were engaged in irrigation – Also the manner in which the crime was executed clearly establishes a concerted action on part of the accused – Conviction under section 302 read with Section 34 of IPC uphold – Appeal dismissed.

Sep 26, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH INDRAPAL SINGH AND OTHERS — Appellant Vs. STATE OF U.P. — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ.…

Service Matters
Service

Constitution of India, 1950 – Articles 14 and 16 – Educational qualification is a valid ground for classification between persons of the same class in matters of promotion and is not violative of Articles 14 and 16 of the Constitution. HELD Separate eligibility conditions for promotion to supernumerary Assistant Engineers posts on the basis of educational qualification is in line with the past promotion practices of Kolkata Municipal Corporation and is not an unreasonable classification.

Sep 26, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH  CHANDAN BANERJEE AND OTHERS — Appellant Vs. KRISHNA PROSAD GHOSH AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Vikram Nath and…

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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