Supreme Court of India Judgements

46670 Judgements hosted as on 9/12/2024 - Search (FREE), Subscribe, Read & Download

Month: November 2021

Corporate

Recovery of Debts due to Banks and Financial Institutions Act, 1993 – Section 30 – Limitation Act, 1963 – Section 5 – Appeal against the order of Recovery Officer – Limitation – Section 5 of the Limitation Act shall not be applicable to the appeal against the order of Recovery Officer as provided under Section 30 of the Act, 1993.

Nov 28, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AVNEESH CHANDAN GADGIL AND ANOTHER — Appellant Vs. ORIENTAL BANK OF COMMERCE AND OTHERS — Respondent ( Before : M.R. Shah and Sanjiv Khanna,…

I P C

Penal Code, 1860 (IPC) – 147, 149, 302, 325, 324 and 323 – Murder – Voluntarily causing hurt – Reduction of sentence – There is a contradiction between the oral testimony of the witnesses and the medical evidence – HELD This Court convert the conviction under Sections 302/149 to 326/149 and sentence from life imprisonment to seven years.

Nov 28, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VIRAM @ VIRMA — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : L. Nageswara Rao and B.V. Nagarathna, JJ. )…

Land Acquisition

Land Acquisition Act, 1894 – Sections 4 and 18 – Land Acquisition – Determination of Market Value/Compensation – HELD The judgment and award passed by the Reference Court in that case determining the market value/compensation at Rs.15,402/- per acre has attained the finality and the State has accepted the same by withdrawing the appeal against the said judgment and award – Therefore, in the present circumstances, the appellants shall be entitled to the compensation at Rs.15,402/- per acre – Appeal allowed.

Nov 28, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANIL KUMAR SOTI AND OTHERS — Appellant Vs. STATE OF U.P. THROUGH COLLECTOR BIJNORE (U.P.) — Respondent ( Before : M.R. Shah and Sanjiv…

Constitution

Division Bench of the High Court has not at all considered and/or given any specific findings on the possession being taken over by the Tehsildar on 25.04.1988. There is no discussion at all on the aspect whether the possession taken over by the Tehsildar. It appears that solely on the ground that the payment of compensation has not been made and ad interim order was operating, the High Court has quashed and set aside the orders passed by the Competent Authority as well as the First Appellate Court. HELD Remanded to High Court

Nov 28, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF ORISSA AND OTHERS — Appellant Vs. SAKHI BEWA (DEAD) THROUGH LRS. — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ.…

Service Matters
Service

Service Law – Charge of causing loss – Recovery – Whether the High Court ought to have maintained the punishment order for recovery of Rs.2,46,922.56, which was also held to be proved by the Enquiry Officer – Held, It is required to be noted that in so far as the charge of causing loss to the extent of Rs.2,46,922.56, it was held to be proved by the Enquiry Officer

Nov 28, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UTTAR PRADESH FOREST CORPORATION LUCKNOW AND OTHERS — Appellant Vs. VIJAY KUMAR YADAV AND ANOTHER — Respondent ( Before : M.R. Shah and B.V.…

Land Acquisition

Land Acquisition Act, 1894 – Sections 5A and 17(4) – Evidence Act, 1872 – Section 106 – Special powers in cases of urgency – HELD On an appreciation of the evidence made available by all the parties it is open to the court to conclude that no occasion arose for resorting to the power under Section 17 (4) which indeed must be read as an exception to the general rule that the acquisition of property is made after affording an opportunity the person adversely affected to demonstrate that the acquisition was unjustified.

Nov 28, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HAMID ALI KHAN (D) THROUGH LRS. AND ANOTHER — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : K.M. Joseph and…

Constitution

Loan waiver to small and marginal farmers – It is settled law that a scheme cannot be held to be constitutionally suspect merely because it was based on an electoral promise – A scheme can be held suspect only within the contours of the Constitution, irrespective of the intent with which the scheme was introduced – Appeal is allowed.

Nov 28, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF TAMIL NADU AND ANOTHER — Appellant Vs. NATIONAL SOUTH INDIAN RIVER INTERLINKING AGRICULTURIST ASSOCIATION — Respondent ( Before : Dr. Dhananjaya Y.…

Constitution

Rights of Persons with Disability Act, 2016 – Sections 2(r) and 17(i) – Persons with Disabilities – Examinations – Relaxation – National Testing Agency (NTA), as an examining body, was bound to scrupulously enforce the Guidelines for Written Examinations which provides for specific relaxations – NTA must remember that all authority under the law is subject to responsibility, and above all, to a sense of accountability.

Nov 28, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AVNI PRAKASH — Appellant Vs. NATIONAL TESTING AGENCY (NTA) AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A.S. Bopanna, JJ.…

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