Supreme Court of India Judgements

46660 Judgements hosted as on 19/11/2024 - Search (FREE), Subscribe, Read & Download

Month: November 2021

Accident

Motor Vehicles Act, 1988 – Section 168 – Motor Accident Death – Enhancement of compensation – Determination of future economic loss – In case deceased who was not serving at the time of death and had no income at the time of death, their legal heirs shall also be entitled to future prospects by adding future rise in income –

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SMT. MEENA PAWAIA AND OTHERS — Appellant Vs. ASHRAF ALI AND OTHERS — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. )…

Juvenile Justice

Juvenile – HELD The age recorded by the Committee or the Board to be the age of the person so brought before it shall for the purpose of the JJ Act, 2015 be deemed to be the true age of the person. The deeming provision in sub-section (3) of section 94 of the JJ Act, 2015 is also significant inasmuch as the controversy or the doubt regarding the age of the child brought before the Committee or the JJ Board is sought to be set at rest at the level of the JJ Board or the Committee itself – Appeal dismissed

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RISHIPAL SINGH SOLANKI — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and B.V. Nagarathna,…

POSCO

Protection of Children from Sexual Offences Act, 2012 – Section 7 – Sexual assault – Skin-to-skin contact not essential for POCSO offence – Most important ingredient for constituting the offence of sexual assault under Section 7 of the Act is the “sexual intent” and not the “skin to skin” contact with the child HELD the judgment and order of the High Court insofar as it has set aside the conviction of the accused for the offences under Section 8 and 10 of the POCSO Act is liable to be set aside, and the judgment and order of conviction and sentence passed by the Special Court is required to be restored.

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  ATTORNEY GENERAL FOR INDIA AND ANOTHER — Appellant Vs. SATISH AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and Bela M. Trivedi,…

Arbitration

Arbitration and Conciliation Act, 1996 – Sections 18, 19, 24, 25, 29A, 34 and 37 – Appointment of arbitrator for adjudication of disputes – A pragmatic and common-sense approach would invariably check any discord between the desire for expeditious disposal and adequacy of opportunity to establish one’s case – In the context of the present case, This Court agree with the High Court that there was unnecessary haste and hurry by the arbitrator, especially when the respondent had filed the affidavit by way of evidence

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. NARINDER SINGH AND SONS — Appellant Vs. UNION OF INDIA THROUGH DIVISIONAL SUPERINTENDENT ENGINEER – II, NORTHERN RAILWAY, FEROZEPUR DIVISION, FEROZEPUR — Respondent…

Compassionate Appointment

Once it is proved that in spite of the death of the breadwinner, the family survived and substantial period is over, there is no need to make appointment on compassionate ground at the cost of the interests of several others ignoring the mandate of Article 14 of the Constitution

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STEEL AUTHORITY OF INDIA LIMITED — Appellant Vs. GOURI DEVI — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Civil Appeal…

Service Matters
Service

Uttar Pradesh (Civil Police) Constable and Head Constable Rules, 2008 – Police Constables Recruitment – There is no bar in intimating the candidates through SMS, more particularly when large number of candidates had to appear in the subsequent process and majority of the candidates have appeared for document verification and physical fitness test pursuant to intimation by SMS.

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTAR PRADESH AND OTHERS — Appellant Vs. PANKAJ KUMAR — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A.S. Bopanna, JJ.…

Service Matters
Service

Summary dismissal of an earlier petition under Article 32 of the Constitution does not bar the present writ petition on grounds of res judicata as there has been no substantive decision on the merits of the issues. HELD Court must be alive to the contemporary reality of “ambush Public Interest Litigations” and interpret the principles of res judicata or constructive res judicata in a manner which does not debar access to justice – Jurisdiction under Article 32 is a fundamental right in and of itself.

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL CONFEDERATION OF OFFICERS ASSOCIATION OF CENTRAL PUBLIC SECTOR ENTERPRISES AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before…

Service Matters
Service

Claim for compassionate appointment must be decided only on the basis of relevant scheme prevalent on date of demise of the employee and subsequent scheme cannot be looked into – Respondent shall not be entitled for appointment on compassionate ground on the basis of the subsequent circular/policy dated 31.08.2016 – Appeal allowed.

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MADHYA PRADESH AND OTHERS — Appellant Vs. ASHISH AWASTHI — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. )…

Accident

Rash and negligent act simplicitor and not a case of driving in an inebriated condition which is, undoubtedly despicable – HELD the conviction of the appellant under Sections 279 and 304A IPC is maintained. However, the substantive sentence of imprisonment is reduced to the period already undergone. Imposition of fine is also affirmed. Besides the fine, an amount of Rs. 3 lakhs which has been deposited by the appellant by way of compensation in the Registry of this Court be transferred to the Motor Accident Tribunal which shall be released by the Tribunal to the widow of the deceased.

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAGAR LOLIENKAR — Appellant Vs. THE STATE OF GOA AND ANOTHER — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, 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