Supreme Court of India Judgements

46468 Judgements hosted as on 12/05/2024 - Search (FREE), Subscribe, Read & Download

Month: December 2021

C P C

Impleadment in execution proceedings – Order XXI Rule 97 is with respect to resistance/obstruction to possession of immovable property – Order passed by the Executing Court dismissing the applications filed by the BDA for impleadment in the execution proceedings and/or dismissing the obstruction application, and the impugned order passed by the High Court, are unsustainable and the same deserve to be quashed and set aside – Appeal allowed.

Dec 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BANGALORE DEVELOPMENT AUTHORITY — Appellant Vs. N. NANJAPPA AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal…

Constitution

Foreign Exchange Management Act, 1999 – Section 10(4) and 11(1) – Clause 2(iii) of the Merchanting Trade Transactions Guidelines was a proportionate measure in ensuring the availability of sufficient domestic stock of PPE products – Measure was validly enacted, in pursuance of legitimate state interest and did not disproportionately impact the fundamental rights – Hence, Clause 2(iii) passes muster under Articles 14, 19(1)(g) and 21

Dec 11, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH AKSHAY N PATEL — Appellant Vs. RESERVE BANK OF INDIA AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Vikram Nath and…

Consumer

IMP : Object of seeking a mediclaim policy is to seek indemnification in respect of a sudden illness or sickness which is not expected or imminent and which may occur overseas – If the insured suffers a sudden sickness or ailment which is not expressly excluded under the policy, a duty is cast on the insurer to indemnify the appellant for the expenses incurred thereunder – Repudiation of the policy by the insurance company was illegal and not in accordance with law – Consequently, the appellant is entitled to be indemnified under the policy.

Dec 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANMOHAN NANDA — Appellant Vs. UNITED INDIA ASSURANCE CO. LIMITED AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and B.V. Nagarathna,…

Consumer

Issue regarding prospective operation of the Judgment in the case of New India Assurance Company Limited vs. Hilli Multipurpose Cold Storage Pvt. Ltd., (2020) 5 SCC 757, Constitution Bench Held, District Forum has no power to extend the time for filing the response to the complaint beyond the period of 15 days in addition to 30 days as is envisaged under Section 13 of the Consumer Protection Act – Case refers to Larger Bench:

Dec 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHASIN INFOTECH AND INFRASTRUCTURE PRIVATE LIMITED — Appellant Vs. NEEMA AGARWAL AND OTHERS — Respondent ( Before : Vineet Saran and Aniruddha Bose, JJ.…

Cheque Dishonour

Dishonour of cheque – Quashing of criminal proceedings -There are sufficient averments in the complaint to raise a prima facie case against them – It is only at the trial that they could take recourse to the proviso to Section 141 and not at the stage of issuance of process – It is evident that the principal grounds of challenge which have been set up on behalf of the appellants are all matters of defence at the trial –

Dec 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUNIL TODI AND OTHERS — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A.S. Bopanna,…

Matrimonial

Plea to live in posh home with estranged husband – Plea rejected – If This Court allow the prayer and allow the respondent­wife to move into the said house, it will rather than sub-serving the interest of the parties, would be detrimental to their interests. The record and the pendency of the criminal proceedings would show that the relations between the parties are so strained that if they are permitted to live in the said house, it would lead to nothing else but further criminal proceedings.

Dec 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAIDEV RAJNIKANT SHROFF — Appellant Vs. POONAM JAIDEV SHROFF — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ. ) I.A. Nos.…

Direct Taxation

Powers under Section 254(2) of the Act are only to correct and/or rectify the mistake apparent from the record and not beyond that – If the order passed by the ITAT was erroneous on merits, in that case, the remedy available to the Assessee was to prefer an appeal before the High Court, which in fact was filed by the Assessee before the High Court, but later on the Assessee withdrew the same in the instant case – Impugned common judgment and order passed by the High Court as well as the common order passed by the ITAT recalling its earlier order deserve to be quashed and set aside and are accordingly quashed and set aside.

Dec 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COMMISSIONER OF INCOME TAX (IT-4), MUMBAI — Appellant Vs. M/S RELIANCE TELECOM LIMITED — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

I P C

High Court has acquitted the accused for the offence under the MCOCA at the interim relief stage and has granted the final relief at the interim stage exonerating the respondent from MCOCA, which is wholly impermissible – forum shopping by the accused which is highly deprecated and which cannot be approved. On this ground also, the accused is not entitled to be released on bail and the impugned order passed by the High Court releasing the accused on bail deserves to be quashed and set aside – Appeal allowed.

Dec 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MAHARASHTRA — Appellant Vs. PANKAJ JAGSHI GANGAR — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Criminal Appeal…

Constitution

Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 penalizes several misconducts of a sexual nature and imposes a mandate on all public and private organizations to create adequate mechanisms for redressal. However, the existence of transformative legislation may not come to the aid of persons aggrieved of sexual harassment if the appellate mechanisms turn the process into a punishment.

Dec 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. MUDRIKA SINGH — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A.S. Bopanna, JJ. )…

Arbitration

Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 – Section 19 – High Court’s power of revision – Revision Application to the High Court shall be maintainable only against the award passed by the learned Arbitral Tribunal – Rejecting the reference petition as not maintainable.

Dec 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M.P. HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD AND ANOTHER — Appellant Vs. K.P. DWIVEDI — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

You missed

I P C

Penal Code, 1860 (IPC) – Sections 376(2)(g) and 506(1) – Tamil Nadu Prevention of Women Harassment Act, 1998 – Section 4 – Gang Rape – The victim’s testimony, along with her mother and aunt’s statements, was consistent with the initial complaint and corroborated by medical evidence – The defense argued that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – Whether the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The inconsistencies in the witnesses’ testimonies were not significant and did not affect the overall credibility of the evidence – The court dismissed the appeal and upheld the conviction of the appellant for gang rape and related charges – The court rejected the defense’s argument that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The court found that the evidence presented was sufficient to convict the appellant for gang rape and related charges – The Supreme Court found that the evidence presented was sufficient to convict the appellant and rejected the defence’s arguments regarding inconsistencies in the witnesses’ testimonies.

May 12, 2024 sclaw
Limitation

Dismissal of Civil Suit – Condonation of delay – Standing to file an application – The court clarified that only parties to a suit or those who have accrued a right in the lis can file an application for condonation of delay in filing an application for restoration of the suit. A stranger to the proceedings cannot file such an application.

May 12, 2024 sclaw
Limitation

Limitation Act, 1963 – Haryana Public Moneys (Recovery of Dues) Act, 1979 – Section 3(1)(b) – State Financial Corporation Act, 1951 – Section 29 – The appeals arise from a High Court judgment regarding the recovery of time-barred debts under the Act, 1979, and the Act, 1951 – The main issue is whether a debt time-barred under the Limitation Act can be recovered using the aforementioned Acts – The appellants argued that time-barred debts cannot be recovered under the Recovery of Dues Act, citing the precedent set in V.R. Kalliyanikutty – The respondents argued that the Recovery of Dues Act and the State Financial Corporations Act allow for time-barred debt recovery, as they only bar the remedy, not the right – The court examined whether the Recovery of Dues Act creates a new right for creditors and allows for time-barred debt recovery – The court discussed the distinction between a debt and the right of action for its recovery, noting that the statute of limitation bars the latter but not the former – The court concluded that the Recovery of Dues Act and the State Financial Corporations Act provide an alternative mechanism for recovering debts, even if they are time-barred – Matter needs to be placed before the Hon’ble Chief Justice of India to constitute an appropriate three-judge bench.

May 12, 2024 sclaw
Consumer

Consumer Law – Policy Claim – The appellants, family of the deceased, filed a complaint after the LIC repudiated their claim on a policy following the policyholder’s accidental death – The main issue was whether there was a concluded contract between the deceased and LIC at the time of his death, which would obligate LIC to pay the insurance benefits – The appellants argued that LIC had accepted the first premium and issued a receipt, thereby assuming risk and concluding the contract before the policyholder’s death – LIC contended that the policy was not communicated to the deceased and was blocked due to his demise, implying no concluded contract existed – The Supreme Court set aside the NCDRC’s order, restored the District Forum’s order in favor of the appellants, and directed LIC to pay the insurance benefits as per the policy terms – The Court found clear presumption of acceptance of the policy by LIC, as the first premium receipt indicated the corporation was on risk from the receipt date – The Court relied on precedents that establish the principles of insurance contracts and the obligations of good faith expected from insurers – The Supreme Court concluded that LIC had indeed entered into a contract with the policyholder before his death, and thus, was liable to pay the insurance benefits to the appellants.

May 12, 2024 sclaw