September 2021 - Page 5 of 9 - Supreme Court of India Judgements

December 19, 2024 4:14 pm

Compassionate Appointment – Therefore, even if it is assumed that the ‘divorced daughter’ may fall in the same class of ‘unmarried daughter’ and ‘widowed daughter’ in that case also the date on which the deceased employee died she – respondent herein was not the ‘divorced daughter’ as she obtained the divorce by mutual consent subsequent to the death of the deceased employee – Therefore, also the respondent shall not be eligible for the appointment on compassionate ground on the death of her mother and deceased employee.

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE DIRECTOR OF TREASURIES IN KARNATAKA AND ANOTHER — Appellant Vs. V. SOMYASHREE — Respondent ( Before : M.R. Shah and Aniruddha Bose, JJ.…

I B C

Insolvency and Bankruptcy Code, 2016 – Sections 31(1) and 60(5) – Submitted Resolution Plan – Modification or withdrawal of – Existing insolvency framework in India provides no scope for effecting further modifications or withdrawals of CoC-approved Resolution Plans, at the behest of the successful Resolution Applicant, once the plan has been submitted to the Adjudicating Authority.

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH EBIX SINGAPORE PRIVATE LIMITED — Appellant Vs. COMMITTEE OF CREDITORS OF EDUCOMP SOLUTIONS LIMITED AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y.…

Matrimonial

Hindu Marriage Act, 1955 – Section 13(1)(i-a) – Divorce on ground of cruelty – Repeated filing of cases against husband – Repeated filing of cases itself has been held in judicial pronouncements to amount to mental cruelty – Decree of divorce passed – Appeal allowed.

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SIVASANKARAN — Appellant Vs. SANTHIMEENAL — Respondent ( Before : Sanjay Kishan Kaul and Hrishikesh Roy, JJ. ) Civil Appeal Nos. 4984-4985 of 2021…

Corporate

Refund of unutilised input tax credit – Refund is a statutory right and the extension of the benefit of refund only to the unutilised credit that accumulates on account of the rate of tax on input goods being higher than the rate of tax on output supplies by excluding unutilised input tax credit that accumulated on account of input services is a valid classification and a valid exercise of legislative power.

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. VKC FOOTSTEPS INDIA PRIVATE LIMTED — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and MR…

Cr P C

e their past and live amicably, this Court has come to their rescue by interfering in the quantum of sentence which obviously is not compoundable under Section 320 Cr.P.C. but has interfered since there is no minimum sentence prescribed – It is a fit case to take a sympathetic view and reconsider the quantum of sentence awarded to the appellant

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SY. AZHAR SY. KALANDAR — Appellant Vs. STATE OF MAHARASHTRA AND ANOTHER — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ.…

Land Acquisition

Land Acquisition – Compensation – Determination of value of acquired land -Held, Deduction at the rate of 15% towards the development charges, it also does not call for any interference of this Court considering the fact that the land in question at the relevant time was an agricultural land. However, taking into consideration the fact that the sale instance relied upon was a quite big chunk of land and the location of the acquired land and the land was acquired for spinning mill, the High Court has rightly adopted 15% cut, which in the facts and circumstances of the case is not required to be interfered with.

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAMESH KUMAR — Appellant Vs. BHATINDA INTEGRATED COOPERATIVE COTTON SPINNING MILL AND OTHERS — Respondent ( Before : M.R. Shah and Aniruddha Bose, JJ.…

Constitution

Labour Court Award – Jurisdiction – Transfer of proceedings from Allahabad High Court to Uttaranchal High Court -Judicial discipline/propriety demand to respect the order passed by the Coordinate Bench and more particularly the judicial order passed by the Coordinate Bench of the High Court, in the present case the Allahabad High Court which as such was not under challenge before it – No error was committed by the High Court of Allahabad permitting the appellants to withdraw the writ petition pending before it with the liberty to file a fresh writ petition before the court having jurisdiction.

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UTTAR PRADESH JAL VIDYUT NIGAM LIMITED AND OTHERS — Appellant Vs. BALBIR SINGH — Respondent ( Before : M.R. Shah and Aniruddha Bose, JJ.…

Arbitration

A and C Act, 1996 – Ss 75 81, 34 and 34(2)(b) – Setting aside of arbitral award – Disturbing tendency of courts – Disturbing tendency of courts setting aside arbitral awards, after dissecting and reassessing factual aspects of the cases to come to a conclusion that the award needs intervention and thereafter, dubbing the award to be vitiated by either perversity or patent illegality, apart from the other grounds available for annulment of the award – Every error of law committed by the Arbitral Tribunal would not fall within the expression ‘patent illegality’

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DELHI AIRPORT METRO EXPRESS PRIVATE LIMITED — Appellant Vs. DELHI METRO RAIL CORPORATION LIMITED — Respondent ( Before : L. Nageswara Rao and S.…

Direct Taxation

Whether proportionate disallowance of interest paid by the banks is called for under Section 14A of Income Tax Act- Proportionate disallowance of interest is not warranted, under Section 14A of Income Tax Act for investments made in tax free bonds/ securities which yield tax free dividend and interest to Assessee Banks in those situations where, interest free own funds available with the Assessee, exceeded their investments.

Sep 18, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SOUTH INDIAN BANK LIMITED — Appellant Vs. COMMISSIONER OF INCOME TAX — Respondent ( Before : Sanjay Kishan Kaul and Hrishikesh Roy, JJ. )…

Land Acquisition

Acquisition proceedings – Enhancement of compensation – Non adequate Compensation – Appellant is entitled for compensation for 2 hectares of land in reference to which compensation has not been awarded under the impugned judgment at the rate of Rs. 1,00,000/ per hectare along with statutory entitlement to the claimant/appellant as referred to by the High Court in para (viii) till realization under the impugned judgment.

Sep 18, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHUPENDRA RAMDHAN PAWAR — Appellant Vs. VIDARBHA IRRIGATION DEVELOPMENT CORPORATION, NAGPUR AND OTHERS ETC. — Respondent ( Before : Ajay Rastogi and Abhay S.…

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

Month: September 2021

You missed