Supreme Court of India Judgements

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Month: October 2021

Acquittal

Kerala Forest Act, 1961 – Section 27 – Illegal possession of sandalwood oil -HELD in holding that the presumption that the seizure of forest produce belonging to the State, automatically can result in a presumption of culpable mental state of the accused- in other words, that seizure of the goods ipso facto meant that the appellant had conscious knowledge about their illicit nature or origin, or that the accused’s inability to account for a transit pass, implied that they procured the goods illegally, thus attracting Section 27 – given that the appellants had furnished a series of documents explaining how they had sourced the oil in question – State’s absence of diligence in producing those materials (which were in its possession) and proving that they were without credibility, cannot result in a conviction – Appeal allowed

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHARATH BOOSHAN AGGARWAL — Appellant Vs. STATE OF KERALA — Respondent ( Before : Indira Banerjee and S. Ravindra Bhat, JJ. ) Criminal Appeal…

Service Matters
Service

If a person is acquitted giving him the benefit of doubt, from the charge of an offence involving moral turpitude or because the witnesses turned hostile, it would not automatically entitle him for the employment -HELD It is clear the respondent who wishes to join the police force must be a person of utmost rectitude and have impeccable character and integrity – A person having a criminal antecedents would not be fit in this category

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. METHU MEDA — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ. ) Civil Appeal…

Consumer

Deficiency in service – In the absence of any proof of negligence on the part of the appellant at the time of loading of the consignment, the appellant cannot be held responsible if at the port of destination, the products specifications were not the same as certified by the appellant at the time of loading of consignment – In the absence of any clause in the contract to ensure that the goods consigned has to meet the products specifications at the time of loading of consignment, the appellant cannot be held liable for change in specifications of the agricultural produce at the destination port – Appeal allowed.

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SGS INDIA LIMITED — Appellant Vs. DOLPHIN INTERNATIONAL LIMITED — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil Appeal No.…

Registration Act

Partition – Joint family properties – Unregistered and unstamped family settlement “Khararunama” – Admissibility in evidence – HELD “Khararunama, being record of the alleged transactions, it may not require to be stamped. a document in the nature of a Memorandum, evidencing a family arrangement already entered into and had been prepared as a record of what had been agreed upon, in order that there are no hazy notions in future, it need not be stamped or registered.”

Oct 9, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KORUKONDA CHALAPATHI RAO AND ANOTHER — Appellant Vs. KORUKONDA ANNAPURNA SAMPATH KUMAR — Respondent ( Before : K.M Joseph and S. Ravindra Bhat, JJ.…

State Laws

Inams Act is to the effect that nothing in the Act shall in any way be deemed to affect the application of the provisions of the Tenancy Act to any inam or mutual rights and obligations of Inamdar and his tenants, save insofar as the said provisions are in any way inconsistent with the express provisions of this Act. – Section 38-E of the Tenancy Act was inserted initially in the year 1954 and subsequently substituted in 1971 giving overriding effect to such provision. Therefore, an Inamdar under the Inams Act would not have any right of allotment of occupancy rights in view of overriding effect given to Section 38-E.

Oct 9, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THOTA SRIDHAR REDDY AND OTHERS — Appellant Vs. MANDALA RAMULAMMA AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and Hemant Gupta, JJ.…

Contempt

Civil Contempt – Seniority list, which is purportedly published in accordance with the order of this Court, is totally in breach of the directions of this Court – A first glance at the list would reveal that various selectees, who have received much less marks, are placed above the selectees who have received higher marks – No hesitation to hold that the nine persons named in order, are guilty of having committed contempt of order of this Court.

Oct 9, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH V. SENTHUR AND ANOTHER — Appellant Vs. M. VIJAYAKUMAR, IAS, SECRETARY, TAMIL NADU PUBLIC SERVICE COMMISSION AND ANOTHER — Respondent ( Before : L.…

Service Matters
Service

Only issue which is required to be considered is whether the arrears ought to have been restricted to three years preceding the filing of the writ petition? Every time the teachers were not supposed to approach the appropriate authority for getting the benefit as and when there is a revision of pay as per the pay commission recommendations. Appeal dismissed

Oct 9, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KERALEEYA SAMAJAM AND ANOTHER — Appellant Vs. PRATIBHA DATTATRAY KULKARNI (DEAD) THROUGH LRS AND OTHERS — Respondent ( Before : M.R. Shah and A.S.…

Evidence Act

Defendants have denied that the plaintiff is their brother or the son of their parents – High Court directed the plaintiff to undergo the DNA test — Respondent cannot compel the plaintiff to adduce further evidence in support of the defendants’ case – In any case, it is the burden on a litigating party to prove his case adducing evidence in support of his plea and the court should not compel the party to prove his case in the manner, suggested by the contesting party

Oct 9, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ASHOK KUMAR — Appellant Vs. RAJ GUPTA AND OTHERS — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ. ) Civil Appeal…

Accident

Death in accident – Driven negligently by not maintaining sufficient distance – Compensation – Appeal against Enhancement – It is to be noted that PW–1 herself travelled in the very car and PW–3, who has given statement before the police, was examined as eye–witness – In view of such evidence on record, there is no reason to give weightage to the contents of the First Information Report – High Court has rightly held that the accident occurred only due to the negligence of the driver of Eicher van – Appeal dismissed.

Oct 9, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL INSURANCE COMPANY LIMITED — Appellant Vs. CHAMUNDESWARI AND OTHERS — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ. ) Civil…

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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