Supreme Court of India Judgements

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

Month: December 2021

Bail Granted

(IPC) – Sections 120B, 121, 121A and 122 – Arms Act 1959 – Section 25(1A) – Explosive Substances Act, 1908 – Section 5 – Unlawful Activities (Prevention) Act, 1967 – Sections 18, 20 and 40(1)(b)(c) – National Investigation Agency Act, 2008 – Sections 13, 14 and 19 – Grant of post ­arrest bail –

Dec 5, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ASHIM @ ASIM KUMAR HARANATH BHATTACHARYA @ ASIM HARINATH BHATTACHARYA @ ASEEM KUMAR BHATTACHARYA — Appellant Vs. NATIONAL INVESTIGATION AGENCY — Respondent ( Before…

Acquittal

(IPC) – Ss 147, 148, 149, 201 and 302 – Unlawful assembly – Acquittal – Role assigned to appellant was only of having pointed out the house where the victim was hiding – Mere fact that the appellant was not brave enough to conceal where the victim was hiding did not make him a part of the unlawful assembly – Appellant is entitled to a clean acquittal in the given facts – Appeal allowed.

Dec 5, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH TAIJUDDIN — Appellant Vs. STATE OF ASSAM AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ. ) Criminal Appeal…

Matrimonial

Dissolution of marriage – no useful purpose shall be served to further enter into the merits of the findings recorded by the courts below on “cruelty” and “desertion” by the wife – Therefore, in the facts and circumstances of the case and in exercise of powers under Article 142 of the Constitution of India, the decree passed by the learned Family Court, confirmed by the High Court, dissolving the marriage between the wife and the respondent-husband is not required to be interfered with on account of irretrievable breakdown of marriage.

Dec 5, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEHA TYAGI — Appellant Vs. LIEUTENANT COLONEL DEEPAK TYAGI — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. ) Civil Appeal No.…

I B C

Insolvency and Bankruptcy Code, 2016 – Section 12 – the insolvency resolution process shall mandatorily be completed within a period of 330 days from the insolvency commencement date, including any extension of the period of corporate insolvency resolution process granted under Section 12 of the IBC and the time taken in legal proceedings in relation to such resolution process of the Corporate Debtor. has not been completed within a period stated hereinabove, i.e., within a period of 330 days, such resolution process shall be completed within a period of 90 days from the date of commencement of the IBC amendment Act, 2019, i.e., 16.08.2019.

Dec 5, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COMMITTEE OF CREDITORS OF AMTEK AUTO LIMITED THROUGH CORPORATION BANK — Appellant Vs. DINKAR T. VENKATSUBRAMANIAN AND OTHERS — Respondent ( Before : M.R.…

I P C

(IPC) – Section 376 – Rape – Testimony of the victim is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of the victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable – No reason to doubt the credibility and/or trustworthiness of the prosecutrix. She is found to be reliable and trustworthy – Therefore, without any further corroboration, the conviction of the accused relying upon the sole testimony of the prosecutrix can be sustained

Dec 5, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PHOOL SINGH — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Criminal Appeal…

Consumer

Medical negligence – If the operation theatres were occupied at the time when the operation of the patient was contemplated, it cannot be said that there is a negligence on the part of the Hospital – A team of specialist doctors was available and also have attended to the patient but unfortunately nature had the last word and the patient breathed his last -No doctor can assure life to his patient but can only attempt to treat his patient to the best of his ability which was being done in the present case as well – Findings recorded by the Commission holding the Hospital and the Doctor guilty of medical negligence are not sustainable in law.

Dec 5, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BOMBAY HOSPITAL & MEDICAL RESEARCH CENTRE — Appellant Vs. ASHA JAISWAL AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ.…

Tenders & Contracts

Government contracts – Understanding of public interest – – It is pertinent to remember that, by merely using grounds of public interest or loss to the treasury, the successor public authority cannot undo the work undertaken by the previous authority – Such a claim must be proven using material facts, evidence and figures – If it were otherwise, then there will remain no sanctity in the words and undertaking of the Government – Businessmen will be hesitant to enter Government contract or make any investment in furtherance of the same – Such a practice is counterproductive to the economy and the business environment in general.

Dec 5, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH THE VICE CHAIRMAN & MANAGING DIRECTOR, CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA LIMITED AND ANOTHER — Appellant Vs. SHISHIR REALTY PRIVATE LIMITED AND…

Environment

Criminal Procedure Code, 1973 – Sections 209 and 465 – Penal Code, 1860 (IPC) – Sections 409 and 420 read with Section 120B – Mines and Mineral (Development and Regulation) Act 1957 – Sections 21 and 23 read with Sections 4(1) and 4(1)(A) – Karnataka Forest Rules, 1969 – Rule 165 read with Rule 144 – Unauthorized mining – Quashing of criminal proceedings – If the order taking cognizance is irregular, it would not vitiate the proceedings in view of Section 465 CrPC – No “failure of justice” under Section 465 CrPC is proved

Dec 5, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH PRADEEP S. WODEYAR — Appellant Vs. THE STATE OF KARNATAKA — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Vikram Nath and B V…

Environment

Forest (Conservation) Act, 1980 – Section 2 – Felling of trees for Delhi Mass Rapid Transit System-Phase-IV project – Direction – DMRC to file applications under the FC Act, 1980 to the Chief Conservator (Forest) and Nodal Officer (FCI), GNCTD, seeking permission for diversion of the following extents of land for the construction of Metro, Phase-IV of MRTS Project with a request to forward the said documents to the MoEF&CC, GoI, for its consideration under Section 2 of the FC Act, 1980.

Dec 5, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH IN RE: T.N. GODAVARMAN THIRUMULPAD — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and…

Murder

(IPC) – Ss 302 and 149 – Murder – Injuries on vital parts – From the evidence of doctor, it can be gathered that the injuries on the vital parts like right lung and liver which resulted into bleeding and shock were sufficient to cause the death in the ordinary cause of nature – Once the prosecution establishes the existence of the three ingredients forming a part of “thirdly” in Section 300, it is irrelevant whether there was an intention on the part of the accused to cause death – It does not matter that there was no intention even to cause the injury of a kind that is sufficient to cause death in ordinary course of nature

Dec 1, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VINOD KUMAR — Appellant Vs. AMRITPAL @ CHHOTU AND OTHERS — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. ) Criminal…

You missed

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