Supreme Court of India Judgements

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Month: October 2021

Corporate

Perusal of clause 17 of the 1992 deed would reveal that the partners have right to expel an erring partner/partners on the grounds specified therein. The 1995 Deed does not have any conflicting provision. The clauses in the 1992 Deed, which are not superseded by the 1995 Deed, would still continue to operate. The trial court has given sound reasons, while upholding the expulsion of the plaintiffs. We see no reason to interfere with the same, the appeal is partly allowed.

Oct 30, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH V. ANANTHA RAJU AND ANOTHER — Appellant Vs. T.M. NARASIMHAN AND OTHERS — Respondent ( Before : L. Nageswara Rao, Sanjiv Khanna and B.R.…

Contempt

Contempt of Courts Act, 1971 – Civil contempt – Guilty of willful disobedience of order in respect to the levy made-Merely because a subordinate official acted in disregard of an order passed by the Court, a liability cannot be fastened on a higher official in the absence of knowledge – When two views are possible, the element of willfulness vanishes as it involves a mental element – It is a deliberate, conscious and intentional act

Oct 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. U.N. BORA, EX. CHIEF EXECUTIVE OFFICER AND OTHERS — Appellant Vs. ASSAM ROLLER FLOUR MILLS ASSOCIATION AND ANOTHER — Respondent ( Before :…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Using casteist slur against neighbour – Quashing of proceedings – Compromise – Article 142 powers can be used – Mere fact that the offence is covered under a ‘special statute’ would not refrain this Court or the High Court, from exercising their respective powers under Article 142 of the Constitution or Section 482 Cr.P.C. – Proceedings quashed

Oct 30, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH RAMAWATAR — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : N.V. Ramana, CJI, Surya Kant and Hima Kohli, JJ. ) Criminal…

I P C

Penal Code, 1860 (IPC) – Section 376(2)(f) read with Section 511 -It is a settled preposition of Criminal Jurisprudence that in every crime, there is first, Mens Rea (intention to commit), secondly, preparation to commit it, and thirdly, attempt to commit it. If the third stage, that is, ‘attempt’ is successful, then the crime is complete. If the attempt fails, the crime is not complete, but law still punishes the person for attempting the said act. ‘Attempt’ is punishable because even an unsuccessful commission of offence is preceded by mens rea, moral guilt, and its depraving impact on the societal values is no less than the actual commission.

Oct 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF MADHYA PRADESH — Appellant Vs. MAHENDRA ALIAS GOLU — Respondent ( Before : Surya Kant and Hima Kohli, JJ. ) Criminal Appeal…

Matrimonial

Civil Procedure Code, 1908 – Section 25 – Matrimonial Case – Transfer of – Family Court at Gurugram (Haryana) to any other court of competent jurisdiction at Gwalior(M.P.) – Both the parties will cooperate with the competent court of jurisdiction at Gwalior for expeditious disposal of the petition – Petition allowed.

Oct 30, 2021 sclaw

SUPREME COURT OF INDIA SINGLE BENCH BABITA SRIVASTAVA — Appellant Vs. VINOD SRIVASTAVA — Respondent ( Before : B.V. Nagarathna, J. ) Transfer Petition(s)(Civil) No. 1867 of 2019 Decided on…

Matrimonial

Civil Procedure Code, 1908 – Section 25 – Matrimonial Case – Transfer of – Family Court at Thane, Maharashtra, to a Court of competent jurisdiction at Mangalore, Dakshin Kannada District, Karnataka – No objection by Husband – It is needless to observe that both the parties will cooperate with the competent court of jurisdiction at Mangalore for expeditious disposal of the petition.

Oct 30, 2021 sclaw

SUPREME COURT OF INDIA SINGLE BENCH RASHMI ROHAN SHETTY — Appellant Vs. ROHAN RAGHUNATH SHETTY — Respondent ( Before : B.V. Nagarathna, J. ) Transfer Petition(s)(Civil) No. 3044 of 2019…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Sections 405, 419 and 420 – Quashing of proceedings – Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction – Proceedings quashed – Appeal allowed.

Oct 26, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  MITESH KUMAR J. SHA — Appellant Vs. THE STATE OF KARNATAKA AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Krishna Murari,…

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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