Supreme Court of India Judgements

46448 Judgements hosted as on 05/05/2024 - 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

I P C

Penal Code, 1860 (IPC) – Sections 120-B read with Section 420 – Cheating – The case involves fraudulent transactions by accused in connivance with Indian Bank officials resulting in interest-free advances to the petitioners – The main issue is whether the petitioners were involved in cheating the bank and if they availed any undue benefit from the fraudulent transactions – The petitioners argued that they were not involved in the cheating, had not availed any undue benefit, and that the transactions were normal business dealings – The court dismissed the Special Leave Petitions, upholding the Trial Court’s conviction of the petitioners for cheating the bank through unauthorized transactions.

May 5, 2024 sclaw
Limitation

Limitation Act, 1963 – Section 5 – Condonation of Delay – Delay of 1663 days – The State of U.P. filed a SLP against an order dated 13.11.2009 by the Allahabad High Court, with a delay of 1,633 days – The main issue was the condonation of the significant delay in filing the SLP – The State argued that the delay was due to the time taken for obtaining legal opinion and permissions, and later, the realization that the appeal was not filed initially – The application for condonation of delay was dismissed, and consequently, the SLP was also dismissed – The court found the explanation for the delay unsatisfactory, especially since the State was aware of the High Court’s order when it was passed – The court did not find sufficient cause to condone the delay, leading to the dismissal of the SLP.

May 5, 2024 sclaw
Property Matters

Partition Suit – The dispute involves partition of properties left by Late ‘R’ with the main contention over roof rights of a property in Kota and another in Jaipur – The primary issue is the valuation of roof rights for further construction and the equal distribution of property among co-sharers – The appellants argue that the valuation report failed to assess the value of roof rights, which would affect the overall property valuation and entitlement of co-sharers – The respondents maintain that the property valuation and shares were appropriately determined by the approved Valuer and upheld by both the Trial Court and High Court – The Supreme Court dismissed the appeal, finding no merit in revaluating the property or altering the determined shares of the parties – The Court emphasized the importance of family ties over property disputes and suggested alternative dispute resolution methods for amicable settlements – The Court referenced the case of Afcons Infrastructure Limited vs. Cherian Varkey Construction Company Private Limited, advocating for ADR in family-related property disputes – The Supreme Court concluded that revisiting the valuation and partition would only prolong litigation and upheld the decisions of the lower courts.

May 5, 2024 sclaw
Constitution Municipal Laws

West Bengal Municipal(Building) Rules, 2007 – Rule 50 – Open spaces for building in areas other than municipalities in hill areas – The appellants challenge the High Court of Calcutta’s order regarding a contempt petition related to their residential property construction and its compliance with Rule 50 of Rules, 2007 – The appellants argue that the writ petition was a private matter and should not have been entertained by the High Court – They also claim that municipal authorities are unfairly pressuring them due to the contempt proceedings – The respondent claims that the appellants violated the sanctioned building plan, justifying the High Court’s direction for an enquiry – The Supreme Court allowed the appellants to challenge the enquiry report and show cause notice, ensuring their objections would be considered objectively without prejudice from the contempt or writ proceedings – The court expressed reservations about the High Court’s exercise of writ jurisdiction in a private dispute and suggested the civil court as the appropriate forum for grievances – The appeal was disposed of with the appellants given the liberty to challenge the enquiry report and show cause notice, without cost order.

May 5, 2024 sclaw