October 2021 - Supreme Court of India Judgements

November 18, 2024 12:18 am

ESI – HELD interest demanded from the appellant is in terms of Regulation 31-A of the said Regulations. In the writ petition filed by the appellant before the Gujarat High Court, in Letters Patent Appeal and in this appeal, the appellant has not challenged the validity of the Regulation 31-A. It must be noted here that the Judgment and Order dated 10th July 2006 of the Gujarat High Court affirming the liability of the appellant to pay contribution from 30th March 1975 onwards has attained finality and therefore, the liability of the appellant to pay contribution as demanded cannot be questioned.

Oct 31, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE TRANSPORT CORPN. OF INDIA LIMITED THROUGH SANTNU PATRA MANAGER – LEGAL — Appellant Vs. EMPLOYEES STATE INSURANCE CORPN. AND OTHERS — Respondent (…

Bail Declined

Murder – Cancellation of bail – There is a specific allegation that the second respondent has actively aided the commission of the crime by furnishing information about the movements of the deceased to the killers – High Court has failed to notice relevant circumstances bearing on the seriousness and gravity of the crime and the role attributed to the second respondent – Bail cancelled – Appeal allowed.

Oct 31, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHOOPENDRA SINGH — Appellant Vs. STATE OF RAJASTHAN AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and B.V. Nagarathna, JJ. )…

I P C

Criminal Procedure Code, 1973 (CrPC)- Section 482 – Penal Code, 1860 (IPC) – Section 306 – Abetment of suicide – Suicide note – Investigation stayed and Proceedings quashed – Appeal against – Alleged suicide is of a person who was working as a driver of a Special Land Acquisition Officer, who is a public servant and against whom serious and grave allegations of amassing wealth disproportionate to the known sources of income were made by the deceased. The suicide note contains a detailed account of the role of the accused in the events which led to the deceased committing suicide – order of High Court set aside – Appeal allowed.

Oct 31, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAHENDRA K C — Appellant Vs. THE STATE OF KARNATAKA — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and B.V. Nagarathna, JJ. )…

Service

Service Law – Termination – HELD the respondent-University is directed to reinstate the appellant as Assistant Professor in the Department of Political Science and also grant him the benefit of continuity of services only for the purpose of pension and retiral benefits, if any. The appellant will not, however, be entitled to any disbursement of salary for the period from 31st March, 2007, till the date of reinstatement as he has not worked for the said period on the principle of “no work, no pay”.

Oct 31, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH DR. SUSHIL KUMAR TRIPATHI — Appellant Vs. JAGADGURU RAM BHADRACHARYA HANDICAPPED UNIVERSITY AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Vikram…

Acquittal

Prevention of Food Adulteration Act, 1954 – Section (16)(1)(a)(i)(ii)- HELD High Court has recorded a finding of refusal on the part of the appellant to accept the report. The said finding is obvious erroneous as the endorsements on the postal envelope were not proved by examining the Postman. Moreover, the High Court has glossed over the mandatory requirement under subsection (2) of Section 13 of serving a copy of the report on the accused. Evidence adduced by the prosecution was of mere dispatch of the report. Hence, the mandatory requirement of sub-section (2) of Section 13 was not complied with. Therefore, the conviction and sentence of the appellant cannot be sustained.

Oct 31, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NARAYANA PRASAD SAHU — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. )…

G S T

Central Goods and Services Tax Act, 2017 – Sections 37, 38 and 39(9) – Rectification and Returns – Matching and correction process happens on its own as per the mechanism specified in Sections 37 and 38, after which Form GSTR3 is generated for the purposes of submission of returns; and once it is submitted, any changes thereto may have cascading effect – HELD assessee cannot be permitted to unilaterally carry out rectification of his returns submitted electronically in Form GSTR3B, which inevitably would affect the obligations and liabilities of other stakeholders, because of the cascading effect in their electronic records.

Oct 31, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant Vs. BHARTI AIRTEL LTD. AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Civil…

Bail Granted

Unlawful Activities (Prevention) Act, 1967 – Sections 20, 38, 39 and 43D(5) – Bail – Association with terrorist organisation – – The proviso imposes embargo on grant of bail to the accused against whom any of the offences under Chapter IV and VI have been alleged. The embargo will apply when after perusing charge sheet, the Court is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true. Thus, if after perusing the charge sheet, if the Court is unable to draw such a prima facie conclusion, the embargo created by the proviso will not apply.

Oct 31, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THWAHA FASAL — Appellant Vs. UNION OF INDIA — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. ) Criminal Appeal No.…

Will & Succession

Succession Act, 1925 – Section 70 – Revocation of unprivileged Will – In view of Section 70, revocation can be made only by following modes: (a) By Execution of another Will or codicil. (b) A writing executed by the testator declaring an intention to revoke the Will and executed in the manner in which an unprivileged Will is required to be executed. (c) By burning, tearing or otherwise destroying the same by the testator or by some person in his presence and by his direction with the intention of revoking the same.

Oct 31, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BADRILAL — Appellant Vs. SURESH AND OTHERS — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. ) Civil Appeal No. 6524…

Cheque Dishonour

Security Cheque – Dishonour – A cheque issued as security pursuant to a financial transaction cannot be considered as a worthless piece of paper under every circumstance. ‘Security’ in its true sense is the state of being safe and the security given for a loan is something given as a pledge of payment. HELD the cheque which is issued as security would mature for presentation and the drawee of the cheque would be entitled to present the same. On such presentation, if the same is dishonoured, the consequences contemplated under Section 138 and the other provisions of N.I. Act would flow.

Oct 31, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SRIPATI SINGH (SINCE DECEASED) THROUGH HIS SON GAURAV SINGH — Appellant Vs. THE STATE OF JHARKHAND AND ANOTHER — Respondent ( Before : M.R.…

Constitution

ADVOCATE SENIOR GOWN – Constitution of India, 1950 – Articles 32 and 142 – Making allegations of impropriety against the Institution of the High Court – Withdrawal of Senior Gown – Contempt of Court – This Court views of the High Court but still endeavour to give one more and last chance to the petitioner – In a way this can really be done by recourse to Article 142 of the Constitution of India as there is merit in the contention of the learned counsel for the High Court that there is no real infringement of the fundamental rights of the petitioner – Ends of justice would be served by seeking to temporarily restore the designation of the petitioner for a period of two years from 1.1.2022.

Oct 31, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH YATIN NARENDRA OZA — Appellant Vs. HIGH COURT OF GUJARAT — Respondent ( Before : Sanjay Kishan Kaul and R. Subhash Reddy, JJ. )…

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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

Month: October 2021

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