December 2021 - Page 2 of 9 - Supreme Court of India Judgements

December 23, 2024 2:36 am

Appointment to NCC Constable – respondent No.1 did not produce the photocopy of the NCC ‘B’ certificate alongwith the original application as per the advertisement and the same was submitted after a period of three years from the cut-off date and that too after the physical test, he was not entitled to the additional five marks of the NCC ‘B’ certificate

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF BIHAR AND OTHERS — Appellant Vs. MADHU KANT RANJAN AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna,…

C P C Limitation

Application for condonation of delay, that as such no explanation much less a sufficient or a satisfactory explanation had been offered by respondents – High Court has not exercised the discretion judiciously – Reasoning given by the High Court while condoning huge delay of 1011 days is not germane – Court cannot enquire into belated and stale claims on the ground of equity – Delay defeats equity – Courts help those who are vigilant and “do not slumber over their rights”

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAJJI SANNEMMA @ SANYASIRAO — Appellant Vs. REDDY SRIDEVI AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

Accident

Conclude Disciplinary proceedings – It appreciate the steps taken by the Bar Council of Uttar Pradesh, which shall ensure to maintain the purity of the legal profession in the State of Uttar Pradesh and also impress upon the Bar Council of India/Bar Council of Uttar Pradesh to conclude the disciplinary proceedings in accordance with law as early as possible. Before Directions – Before any further directions are issued, response from the Ministry of Transport, Government of India to have their suggestions for remedial and preventive measures for curbing the menace of filing of false/fraud claim petitions.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAFIQ AHMAD — Appellant Vs. ICICI LOMBARD GENERAL INSURANCE CO. LIMITED AND OTHERS — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ.…

State Laws

Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 – Section 38E – Grant of ownership certificate -the protected tenants are deemed to be owners – Once the protected tenants are deemed to be owners, there could not be any occupancy rights certificate as the purchasers were divested of their ownership by virtue of the grant of ownership certificate under Section 38E of the Tenancy Act. Such certificate was also not disputed by the purchasers – Therefore, title of the protected tenants is complete and the ownership unambiguously vests with them.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH P. SATYANARAYANA — Appellant Vs. NANDYALA RAMA KRISHNA REDDY — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) SLP (Civil) No.…

Compassionate Appointment

Appointment on compassionate grounds is not automatic, but subject to strict scrutiny of various parameters including the financial position of the family, the economic dependence of the family upon the deceased employee and the avocation of the other members of the family – Therefore, no one can claim to have a vested right for appointment on compassionate grounds – Application of the respondent for compassionate appointment shall stand dismissed.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE SECRETARY TO GOVT. DEPARTMENT OF EDUCATION (PRIMARY) AND OTHERS — Appellant Vs. BHEEMESH ALIAS BHEEMAPPA — Respondent ( Before : Hemant Gupta and…

Civil Cases

Repayment of Borrowed Amount – A party who admits receipt of certain amount of money on a particular date and pleads discharge by way of a full and final settlement at a latter date, is the one on whom the onus lies -In a suit for recovery of money, a defendant admitting the receipt of money but pleading that the same was a gratuitous payment, is obliged to prove that it was a gratuitous payment – Respondents miserably failed to discharge the onus of proof so cast upon them. Hence, the plaintiff-appellant is entitled to a decree

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANITA RANI V. ASHOK KUMAR AND OTHERS — Appellant Vs. ANITA RANI — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. )…

Land Acquisition

Land Acquisition Act, 1894 – Section 48(1) – Acquisition – Housing and development – Release of land – A notification under Section 48(1) does not warrant any notice or opportunity of hearing, to the original land owners – If at all any person will be aggrieved by the Notification under Section 48(1), it will be the beneficiary of the acquisition, which in this case is the Parishad, and not the land owners – Therefore, This Court can understand if the Parishad makes out a grievance that their rights were taken away by the notification under Section 48(1)

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH U.P. AVAS EVAM VIKAS PARISHAD THROUGH HOUSING COMMISSIONER AND ANOTHER — Appellant Vs. NOOR MOHAMMAD AND OTHERS — Respondent ( Before : Hemant Gupta…

Civil Cases

Respondents have taken up wholly untenable ground that the documents were signed under duress – Large number of documents such as invoices, debit notes and ST-1 Form spread over 3 months is unbelievable to be an exercise of duress – Stand of the respondents is wholly untenable and unjustifiable in law and is only to defeat the legitimate claim raised by the appellant – Appeal allowed.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S STAR PAPER MILLS LIMITED — Appellant Vs. M/S BEHARILAL MADANLAL JAIPURIA LIMITED AND OTHERS — Respondent ( Before : Hemant Gupta and V.…

SARFAESI

Constitution of India, 1950 – Article 226 – Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Non-Performing Asset – Recovery of loan by auction of mortgaged property – Appeal against order of high court granting benefit under the One Time Settlement (OTS) Scheme – No writ of mandamus can be issued by the High Court in exercise of powers under Article 226 of the Constitution of India, directing a financial institution/bank to positively grant the benefit of One Time Settlement (OTS) Scheme to a borrower

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE BIJNOR URBAN COOPERATIVE BANK LIMITED, BIJNOR AND OTHERS — Appellant Vs. MEENAL AGARWAL AND OTHERS — Respondent ( Before : M.R. Shah and…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 34 – Setting aside of arbitral award – At the same time when an order is passed without recourse to arbitration and in utter disregard to the provisions of Arbitration and Conciliation Act, 1996, Section 34 of the Act will not apply.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JHARKHAND URJA VIKAS NIGAM LIMITED — Appellant Vs. THE STATE OF RAJASTHAN AND OTHERS — Respondent ( Before : Indira Banerjee and R. Subhash…

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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

Month: December 2021

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