Supreme Court of India Judgements

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Month: November 2021

C P C

(CPC)- S 100 – Dismissal of second appeal without assigning any reasons for conclusion – Court must display its conscious application of mind even while dismissing the appeal at the admission stage – Giving reasons for the conclusion is necessary as it helps the adversely affected party to understand why his submissions were not accepted – High Court cannot dismiss the second appeal in limine without assigning any reasons for its conclusion HELD An appeal under Section 100 of the CPC could be filed both against the ‘concurrent findings’ or ‘divergent findings’ of the courts below.

Nov 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HASMAT ALI — Appellant Vs. AMINA BIBI AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Krishna Murari, JJ. ) Civil Appeal…

Environment

National Green Tribunal Act, 2010 – Section 22 – Further construction – Environmental Clearance – Project of the appellant comprises six buildings of which three were constructed in full, and the super structure of the fourth building is completed and only the internal works remains to be done – Further construction cannot be made without environment impact assessment – If the Project Proponent wishes to construct the remaining buildings, they must secure fresh clearance from the competent authority, as per the currently applicable framework –

Nov 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. SAI BABA SALES PRIVATE LIMITED — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : R. Subhash Reddy and Hrishikesh…

Acquittal

Penal Code, 1860 (IPC) – Section 307 – Arms Act, 1959 – Section 27 – Attempt to murder – Using arms – Appellant-accused was admittedly a police official – Illegal use of a licensed or sanctioned weapon per se does not constitute an offence under Section 27, without proving the misdemeanour under Section 5 or 7 of the Arms Act. At best, it could be a ‘misconduct’ under the service rules, the determination of which was not the subject of the trial – No motive or element of planning has been proved by the Prosecution –

Nov 29, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH SURINDER SINGH — Appellant Vs. STATE (UNION TERRITORY OF CHANDIGARH) — Respondent ( Before : N.V. Ramana, CJI, Surya Kant and A.S. Bopanna, JJ.…

Service Matters
Service

Service Law – Back-wages – In the case of wrongful termination of service, reinstatement with continuity of service and back-wages is normal rule and the adjudicating authority to take into consideration the length of service of the employee, nature of misconduct, financial condition of the employer and similar other factors – High Court has correctly granted 50% of the back wages to the respondent.

Nov 29, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. RAM BAHADUR YADAV — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ. )…

I P C

Penal Code, 1860 (IPC) – Sections 302 and 449 read with Section 34 – Murder of five persons – Death sentence – Review Petition – Possibility of reformation and rehabilitation of the convict is an important factor which has to be taken into account as a mitigating circumstance before sentencing him to death – There is a bounden duty cast on the Courts to elicit information of all the relevant factors and consider those regarding the possibility of reformation, even if the accused remains silent – Court convert the sentence imposed on the Petitioners from death to life

Nov 29, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH MOFIL KHAN AND ANOTHER — Appellant Vs. THE STATE OF JHARKHAND — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna,…

SARFAESI

(SARFAESI) – Section 34 – Civil suit is attracted allegations of ‘fraud’ are made without any particulars – Suit was not maintainable in view of the bar contained under Section 34 of the SARFAESI Act – Except the words used ‘fraud’/’fraudulent’ there are no specific particulars pleaded with respect to the ‘fraud’. It appears that by a clever drafting and using the words ‘fraud’/’fraudulent’ without any specific particulars with respect to the ‘fraud’,. Suit not maintainable

Nov 29, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ELECTROSTEEL CASTINGS LIMITED — Appellant Vs. UV ASSET RECONSTRUCTION COMPANY LIMITED AND OTHERS — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ.…

I P C

Indian Penal Code (“IPC”) Sections 147, 302 read with 149, 323 read with 149, 324 read with Section 149 and 201 read with Section 149 and Section 3(3)(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989- HELD The ghastly murders of three youngsters which are honour killings squarely falls under the head of anti-social and abhorrent nature of the crime as mentioned in Machhi Singh v. State of Punjab (1983) 3 SCC 470

Nov 29, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH HARI AND ANOTHER — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : L. Nageswara Rao, Sanjiv Khanna and B.R. Gavai,…

Will & Succession

Succession Act, 1925 – Section 63 – Execution of unprivileged Wills — The person claiming to be scribe of the Will as well as the two attesting witnesses deposed to support the case of the original plaintiff, but both the Trial Court and the First Appellate Court disbelieved their testimony. The thumb impression of ‘K’ was not matched. There was contradiction in the evidences of attesting witnesses as regards the place of execution. The requirement of Section 63 of the Indian Succession Act, 1925 cannot be said to have been fulfilled by mechanical compliance of the stipulations – – An enquiry of such nature was impermissible while hearing an appeal under S 100 of the CPC

Nov 28, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF HARYANA — Appellant Vs. HARNAM SINGH (DEAD) THR. LRS. AND OTHERS — Respondent ( Before : L. Nageswara Rao and Aniruddha Bose,…

I P C

Even the version of a single witness, if his testimony is found reliable by the Court, can be the foundation of the order of conviction – HELD Order of conviction and sentence recorded against original accused A1, A6, A7, A8, A10 and A13 by the Trial Court is thus restored – Appeals partly allowed.

Nov 28, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF RAJASTHAN — Appellant Vs. BABLU @ OM PRAKASH — Respondent ( Before : Uday Umesh Lalit and Ajay Rastogi, JJ. ) Criminal…

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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