November 2021 - Page 8 of 8 - Supreme Court of India Judgements

November 22, 2024 11:03 am

Minimum Wages Act, 1948 and Minimum Wages (Central) Rules, 1950 – it is crystal clear that the complaint does not satisfy the mandate of sub-section (1) to Section 22C of the Act as there are no assertions or averments that the appellant before this Court was in-charge of and responsible to the company M/s. Writer Safeguard Pvt. Ltd. in the manner as interpreted by this CourtThe proviso to sub-section (1) in the present case would not apply. It is an exception that would be applicable and come into operation only when the conditions of sub-section (1) to Section 22C are satisfied. Notably, in the absence of any specific averment, the prosecution in the present case does not and cannot rely on Section 22C(2) of the Act.

Nov 4, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DAYLE DE’SOUZA — Appellant Vs. GOVERNMENT OF INDIA THROUGH DEPUTY CHIEF LABOUR COMMISSIONER (C) AND ANOTHER — Respondent ( Before : R. Subhash Reddy…

Corruption

Jammu and Kashmir Prevention of Corruption Act, 2006 – Section 5(1)(d) r/w 5(2) – Ranbir Penal Code, 1989 – Section 120B – – Merely because the offence of the conspiracy may be involved, investigation into the substantive offence, i.e., in the present case, offence under the PC Act which is cognizable is not required to await a sanction from the Magistrate, as that would lead to a considerable delay and affect the investigation and it will derail the investigation – Therefore, the High Court has erred in quashing the criminal proceedings on the ground that as the offence under Section 120B which is a non-cognizable, prior sanction as required under Section 155 of J&K Cr.P.C. is not obtained – Appeal allowed.

Nov 4, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF JAMMU & KASHMIR AND OTHERS — Appellant Vs. DR. SALEEM UR REHMAN — Respondent ( Before : M.R. Shah and A.S.…

State Laws

Kerala Private Forests (Vesting and Assignment) Act, 1971 – Sections 3 and 8 – Forest lands – Settlement of disputes – Respondent successfully urged before the High Court that what was demarcated was only 100 hectares and the others were not demarcated since they were cultivated – This was borne out by the final report – Possession with respect to 100 hectares of uncultivated forest lands was also covered by draft statement of land furnished to the Board in proceedings under the KLR Act – Appeal dismissed.

Nov 4, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF KERALA AND ANOTHER — Appellant Vs. M/S POPULAR ESTATES (NOW DISSOLVED) AND ANOTHER — Respondent ( Before : Indira Banerjee and S.…

Bail Declined

Penal Code, 1860 (IPC) – Sections 302 and 201 – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Sections 15A, 15A(3) and 15A(5) – Murder – Cancellation of bail – Notice issued to victim under sub-sections (3) and (5) of Section 15A are mandatory in nature – In the present case, it is evident that the right to notice and to be heard were violated -Bail cancelled – Appeal allowed.

Nov 4, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARIRAM BHAMBHI — Appellant Vs. SATYANARAYAN AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and B.V. Nagarathna, JJ. ) Criminal Appeal…

Service

University Grants Commission Act, 1956 – Section 12(b) – Abolition of post – Appeal against – University had the power to abolish any department but not the post sanctioned under the Tenth Plan by the UGC – Post held by the appellant was sanctioned and financially supported by the UGC under the Tenth Plan, and the same would not have been automatically abolished at the end of the Plan – Termination of services of the appellant was illegal and not in accordance with law – Appeal allowed

Nov 4, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH DR. SUSHIL KUMAR TRIPATHI — Appellant Vs. JAGADGURU RAM BHADRACHARYA HANDICAPPED UNIVERSITY AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Vikram…

Education

Right of Children to Free and Compulsory Education Act, 2009 – The Central Government must forthwith notify the norms and standards of pupilteacher ratio for special schools and also separate norms for special teachers who alone can impart education and training to CwSN in the general schools; and until such time, as a stopgap arrangement adopt the recommendations made by the State Commissioner, NCT of Delhi in the case of Ms. Reshma Parveen vs. The Director, Directorate of Education, Decided on 31.12.2019 in Case No. 824/1014/2019/04/907284, reproduced in paragraph 51

Nov 4, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH RAJNEESH KUMAR PANDEY AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : A.M. Khanwilkar, Dinesh Maheshwari and C.T.…

C P C

Waqf Act, 1995 – Sections 83 and 85 – Suit for permanent injunction – Bar of jurisdiction of civil court – to allow the plaintiff to ignore the Waqf Tribunal and to seek a decree of permanent injunction and mandatory injunction from a civil court, would be ignore the mandate of section 83 and 85 which speak of any dispute, question or other matter relating to a waqf or a waqf property – Therefore, a question as to the nature of the waqf and whether the plaintiff is a beneficiary of the waqf, has also arisen in this case – This question has necessarily to be decided by the Tribunal and not the civil court – Appeal allowed.

Nov 4, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RASHID WALI BEG — Appellant Vs. FARID PINDARI AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil Appeal…

I P C

Penal Code, 1860 (IPC) – Sections 300 and 304-II – Culpable homicide not amounting to murder – The incident was stated to have occurred when initially there was an exchange of words between the ladies which then got converted into an incident where blows were exchanged – matter would be covered by Exception fourthly to Section 300 IPC and as such, the crime in question would not be “murder” but “culpable homicide not amounting to murder” – All the accused would be principally guilty of the offences under Section 304-II and Section 304-II read with Section 149 of the IPC.

Nov 4, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH SITA RAM AND OTHERS — Appellant Vs. STATE OF RAJASTHAN — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Bela M.…

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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

Month: November 2021

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