Supreme Court of India Judgements

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Month: January 2022

Registration Act

Mere agreement of the steps to be taken in future for the division of the properties – HELD If a document does not by itself create a right or interest in immovable property, but merely creates a right to obtain another document, which will, when executed create a right in the person claiming relief, the former document does not require registration and is accordingly admissible in evidence.

Jan 29, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH K. ARUMUGA VELAIAH — Appellant Vs. P.R. RAMASAMY AND ANOTHER — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ.…

Service Matters
Service

Railways service benefits under Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff (LARSGESS) Scheme – An employee who received service benefits till the date of superannuation, was not entitled to make a claim under the LARSGESS scheme – Benefit of the LARSGESS scheme could not be extended where an employee had attained the age of superannuation.

Jan 29, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE CHIEF PERSONNEL OFFICER AND OTHERS — Appellant Vs. A NISHANTH GEORGE — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A.S. Bopanna,…

Service Matters
Service

Alibi of employee has not been accepted but that might be plausible and considering his 25 years of long service and fortunately it was a minor accident which resulted into some loss to the vehicle and considering the fact that the employee has since died – converting the punishment of dismissal to that of compulsory retirement, death-cum-retirement benefits as also the benefit of family pension, if any, shall be paid to the legal heirs of the deceased employee in accordance with law

Jan 29, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BRIJESH CHANDRA DWIVEDI (DEAD) THR. LRS. — Appellant Vs. SANYA SAHAYAK AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

Arbitration

Arbitration & Conciliation Act, 1996 for appointment of a sole arbitrator – Courts had very limited jurisdiction under Section 11(6) of the Act. Courts are to take a ‘prima facie’ view, as explained therein, on issues relating to existence of the arbitration agreement. Usually, issues of arbitrability/validity are matters to be adjudicated upon by arbitrators. The only narrow exception carved out was that Courts could adjudicate to ‘cut the deadwood’. Ultimately the Court held that the watch word for the Courts is ‘when in doubt, do refer’.

Jan 29, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH INTERCONTINENTAL HOTELS GROUP (INDIA) PRIVATE LIMITED AND ANOTHER — Appellant Vs. WATERLINE HOTELS PRIVATE LIMITED — Respondent ( Before : N.V. Ramana, CJI, Surya…

Consumer

Compensation sought by the appellants cannot be granted as Section 12-B of MRTP Act empowers the Commission to grant compensation only when any loss or damage is caused to a consumer as a result of a monopolistic, restrictive or unfair trade practice – Appellants have failed to prove unfair trade practice on the part of the respondent, they are not entitled to any compensation.

Jan 29, 2022 sclaw

UPREME COURT OF INDIA FULL BENCH B.B. PATEL AND OTHERS — Appellant Vs. DLF UNIVERSAL LIMITED — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ.…

Constitution

Reservation – No mandamus can be issued by the Court directing the State Government to provide for reservation – No writ of mandamus can be issued directing the State to collect quantifiable data to justify their action not to provide for reservation – If the under-representation of Scheduled Casts and Scheduled Tribes in public services is brought to the notice of the Court, no mandamus can be issued by the Court to the State Government to provide for reservation

Jan 29, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF PUNJAB — Appellant Vs. ANSHIKA GOYAL AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

Bail Declined

Murder – Cancellation of bail – Accused is a history sheeter and is having a criminal antecedent and is involved in the double murder of having killed the father and brother of the informant – High Court releasing the accused on bail is absolutely unsustainable and the same cannot stand – Appeal allowed.

Jan 29, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUNIL KUMAR — Appellant Vs. THE STATE OF BIHAR AND ANOTHER — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Criminal…

Cr P C

(CrPC) – Sections 372 and 378(4) – Appeal against order of acquittal – Victim has not to pray for grant of special leave to appeal, as the victim has a statutory right of appeal under Section 372 proviso and the proviso to Section 372 does not stipulate any condition of obtaining special leave to appeal like subsection (4) of Section 378 Cr.P.C. in the case of a complainant and in a case where an order of acquittal is passed in any case instituted upon complaint – Right provided to the victim to prefer an appeal against the order of acquittal is an absolute right

Jan 29, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JOSEPH STEPHEN AND OTHERS — Appellant Vs. SANTHANASAMY AND OTHERS — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Criminal Appeal…

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Constitution Election Laws

EVM and VVPAT – Reliability – The petitioners challenged the reliability of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) systems, suspecting potential manipulation and demanding transparency in the voting process – The core issues revolved around the integrity of EVMs, the adequacy of VVPAT verification, and the fundamental right of voters to know their votes are correctly recorded and counted – Petitioner argued for a return to paper ballots, provision of VVPAT slips to voters, or 100% counting of VVPAT slips alongside electronic counts, citing concerns over EVM transparency and voter confidence – The Election Commission of India (ECI) defended the EVMs’ success in ensuring free, fair, and transparent elections, highlighting technological safeguards against tampering and the benefits over paper ballots – The Court upheld the current EVM and VVPAT system, dismissing the petitions and suggesting improvements for transparency without disrupting the ongoing electoral process – The Court relied on past precedents, the ECI’s robust procedures, and the absence of cogent material evidence against EVMs to reject the petitions – The judgment referenced constitutional provisions, electoral laws, and previous rulings to support the ECI’s position and the current electoral practices – The Supreme Court concluded that the EVMs and VVPAT systems are reliable, and the petitions were dismissed based on the lack of substantial evidence against the current electoral process.

Apr 27, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Sections 302, 304 and 34 – Acquittal – Benefit of Doubt – The Supreme Court acquitted the appellant, citing unreliable witness testimonies and lack of corroborative evidence – The Court’s reasoning focused on the credibility of the key witnesses and the absence of corroborative material to support the prosecution’s case – The legal reasoning included the principle of ‘falsus in uno, falsus in omnibus’ not being applicable in Indian jurisprudence – The conclusion was that the appellant deserved acquittal due to the benefit of doubt – The judicial opinion emphasized the quality of evidence over quantity in determining the truth.

Apr 27, 2024 sclaw
I P C

National Investigation Agency Act, 2008 – Section 22(3) – Penal Code, 1860 – Sections 121A, 122, 123, 124A and 120B – Unlawful Activities (Prevention) Act, 1967 – Sections 16, 18, 18B, 20, 38, 39 and 43D – The case involves the State of West Bengal appealing against a High Court judgment that quashed UAPA proceedings against the respondent due to jurisdiction issues – The Court reasoned that the Sessions Court had jurisdiction as per Section 22(3) of the NIA Act since the State had not constituted a Special Court – The Court discussed the modified application of Section 167 CrPC under Section 43D of UAPA and the definition of ‘Court’ under Section 2(1)(d) of UAPA. – The Supreme Court concluded that the City Sessions Court had the jurisdiction to pass the order adding UAPA offences and permitted the continuation of the trial.

Apr 27, 2024 sclaw
Constitution Tenders & Contracts

The Supreme Court set aside the Division Bench’s order, restored the Single Judge’s order, and allowed the appeal, emphasizing the principles of delay and latches in judicial proceedings – The Court reasoned that the writ petitioner’s delay in asserting rights and acquiescence to the Corporation’s actions warranted dismissal of the writ petition – The Court cited precedents stating that delay defeats equity and that the High Court may refuse to exercise its extraordinary powers if there is negligence or omission on the part of the applicant – The appeal was allowed, and the writ petition was dismissed on the grounds of delay and latches, with no order as to costs.

Apr 27, 2024 sclaw