Supreme Court of India Judgements

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Month: December 2021

Contempt

Constitution of India, 1950 – Article 129 – Contempt of Courts Act, 1971 – Contempt jurisdiction is always discretionary which should be exercised sparingly and with circumspection – This is not a fit case to exercise the said jurisdiction by punishing the respondents – However, it is always open for the petitioner to adopt appropriate proceedings for recovery of money as mentioned in the report in accordance with law – Contempt petitions disposed of in terms.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE BORDEURI SAMAJ OF SRI SRI MAA KAMAKHYA — Appellant Vs. RIJU PRASAD SARMA AND OTHERS — Respondent ( Before : Ajay Rastogi and…

Acquittal

(IPC) – Sections 302 and 34 – Arms Act, 1878 – Sections 25 and 4 – Murder – Death penalty – Acquittal – Prosecution has failed to prove the case beyond reasonable doubt –A greater degree of care and caution would be required and a corroboration in material particulars by reliable testimony, direct or circumstantial, would be necessary to pass an order of conviction – Criminal trial is not like a fairy tale wherein one is free to give flight to one’s imagination and phantasy – Conviction and death sentence imposed on the accused is totally unsustainable in law – Accused persons acquitted.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH JAIKAM KHAN — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ.…

Consumer

Consumer Protection Act, 1986 – Section 13(2) – Consumer Complaint – Limitation period – While entertaining Consumer Complaint, the NCDRC has condoned the delay of 100 days in filing a written statement – Appeal against – No case for interference is made in the order of the NCDRC allowing the application for condonation of delay on merits.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH DIAMOND EXPORTS AND ANOTHER — Appellant Vs. UNITED INDIA INSURANCE COMPANY LIMITED AND OTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Surya…

I B C

Insolvency and Bankruptcy Code, 2016 – Sections 7 – Insolvency Resolution – A requirement only needs to be assessed at the threshold while admitting the petition. Hence, if subsequent to the admission, withdrawal applications are preferred and the 10 per cent threshold is reduced, it shall not affect the maintainability of the original petition.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH E S KRISHNAMURTHY AND OTHERS — Appellant Vs. M/S BHARATH HI TECH BUILDERS PRIVATE LIMITED — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud…

I P C

(IPC) – Sections 363, 366, 376(2)(i), 377, 201, 302 read with Section 376A – Protection of Children from Sexual Offences Act, 2012 – Conduct of the appellant in the prison has been found to be satisfactory – There are no criminal antecedents – It is the first offence committed by the appellant – No doubt, a heinous one – Appellant is not a hardened criminal – It therefore cannot be said that there is no possibility of the appellant being reformed and rehabilitated foreclosing the alternative option of a lesser sentence and making imposition of death sentence imperative – the death penalty imposed on the appellant under Section 302 IPC is commuted to life imprisonment

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH LOCHAN SHRIVAS — Appellant Vs. THE STATE OF CHHATTISGARH — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ. )…

Labour Cases

Casual Labourers (Grant of Temporary Status and Regularization) Scheme of the Department of Telecommunications, 1989 – Clause 5(i) – Casual workers – Temporary Status and Regularization – Respondent has completed maximum 38 days in 12 calendar months during 1.1.1995 to 31.12.1995 and as such the applicant is not entitled to grant of temporary status as per the provisions of the Scheme

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHARAT SANCHAR NIGAM LIMITED — Appellant Vs. SRI DEO KUMAR RAI @ DEO KUMAR RAY — Respondent ( Before : R. Subhash Reddy and…

Cr P C

A large number of family members are shown in the FIR by casually mentioning their names and the contents do not disclose their active involvement, as such, taking cognizance of the matter against them was not justified – No external injuries noticed in the postmortem certificate, except the single ante-mortem injury i.e. ligature mark around the neck, and the cause of death is shown as asphyxia – No specific allegations disclosing the involvement of the appellants to prosecute them for the offences alleged – Chargesheet quashed – Appeal allowed.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MIRZA IQBAL @ GOLU AND ANOTHER — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : R. Subhash Reddy and…

Contempt

Contempt of Courts Act, 1971 – Section 12 – Contempt of Courts – Violation of Court’s directions – A decree obtained under Land Acquisition Act, is an executable decree and no contempt can be maintained for non-compliance of such decree – Weapon of contempt is not to be used in abundance or misused – inasmuch as contempt is between contemner and the court.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. SOORAJMULL NAGARMULL — Appellant Vs. SRI BRIJESH MEHROTRA AND OTHERS — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ. )…

State Laws

Karnataka Agricultural Produce Marketing (Regulation and Development) Act of 1966 – Sections 65 and Section 65(2-A) – Market fee – Liability – Merely imports notified agricultural produce from outside the State for the purpose of cleaning and processing without selling the processed produce within the market area is not liable to pay market fee.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH APMC YASHWANTHAPURA THROUGH ITS SECRETARY — Appellant Vs. M/S. SELVA FOODS THROUGH ITS MANAGING PARTNER — Respondent ( Before : R. Subhash Reddy and…

Arbitration

Arbitration and Conciliation Act, 1996 – Sections 34 and 37 – Setting aside of arbitral award – Contract maintenance of road for a length of 31.17 kilometres – Award passed by the Arbitrator awarding the amount/compensation at Rs.45,000/ per km per month up to January, 2008 under claim Nos.1 and 8 is hereby confirmed – Award passed by the Arbitrator awarding the amount/compensation at Rs.45,000/ per km per month from February, 2008 to 31.05.2010 i.e. till the end of the contract is hereby quashed and set aside – Appeal partly allowed.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF HARYANA — Appellant Vs. M/S. SHIV SHANKAR CONSTRUCTION CO. AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, 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