January 2022 - Page 5 of 9 - Supreme Court of India Judgements

November 23, 2024 6:56 am

Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 – Sections 13(4) and 17 – Writ petitions against the notice under Section 13(4) of the SARFAESI Act was not required to be entertained by the High Court – Filing of the writ petition by the borrowers before the High Court is nothing but an abuse of process of Court

Jan 19, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PHOENIX ARC PRIVATE LIMITED — Appellant Vs. VISHWA BHARATI VIDYA MANDIR AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

Child Custody

Declaration of guardian of a minor – Issue regarding custody of a minor child and the issue of the repatriation of the child to the native country has to be addressed on the sole criteria of the welfare of the minor and not on consideration of the legal rights of the parents – if interest of the minor which is the paramount consideration requires that the custody of a minor child should not be with the mother, the Court will be justified in disturbing the custody of the mother even if the age of the minor is less than five years

Jan 19, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VASUDHA SETHI AND OTHERS — Appellant Vs. KIRAN V. BHASKAR AND ANOTHER — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ.…

Consumer

Deficiency in service – Failure of builder to obtain the occupation certificate is a deficiency in service – Respondent-builder was responsible for transferring the title to the flats to the society along with the occupancy certificate – Failure of the respondent to obtain the occupation certificate is a deficiency in service – members of society society are well within their rights as ‘consumers’ to pray for compensation as a recompense for the consequent liability (such as payment of higher taxes and water charges by the owners) arising from the lack of an occupancy certificate.

Jan 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAMRUDDHI CO-OPERATIVE HOUSING SOCIETY LIMITED — Appellant Vs. MUMBAI MAHALAXMI CONSTRUCTION PRIVATE LIMITED — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A.S.…

I P C

(IPC) – Section 498A – Cruelty – When an offence has been committed by a woman by meting out cruelty to another woman, i.e., the daughter-in-law, it becomes a more serious offence – If a lady, i.e., the mother-in-law herein does not protect another lady, the other lady, i.e., daughter-in-law would become vulnerable – appellant is reported to be approximately 80 years old, sentence reduced.

Jan 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MEERA — Appellant Vs. STATE BY THE INSPECTOR OF POLICE THIRUVOTRIYUR POLICE STATION CHENNAI — Respondent ( Before : M.R. Shah and B.V. Nagarathna,…

Bail Declined

Murder of disabled person – Cancellation of Bail – – Accused is a person exercising significant political influence and that owing to the same, the informant found it difficult to get an FIR registered against him – That the accused was arrested only following a protest outside a police station demanding his arrest – Thus, the possibility of the accused threatening or otherwise influencing the witnesses, if on bail, cannot be ruled out

Jan 17, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANOJ KUMAR KHOKHAR — Appellant Vs. STATE OF RAJASTHAN AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal…

Narcotics

Repatriation of Prisoners Act, 2003 – Ss 12, 13 and 13(6) – N D and P S Act, 1985 – Section 21(b) – Respondent transferred to India on agreement between Government of India and Government of Mauritius on the Transfer of Prisoners – High Court reduced the sentence from 26 years to 10 years – Sentence imposed by the Supreme Court of Mauritius in this case is binding on India

Jan 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. SHAIKH ISTIYAQ AHMED AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai,…

State Laws

Board Resolution be approved by General Body and the resolutions for the years 1995 2000 were not traced, it has been commented in the Report that the Board resolution is without authorisation – Respondent is a member of the Society and being entitled to allotment of a plot – Allotment being of the year 2000, construction has also been raised – Appeal dismissed.

Jan 16, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH VELAGACHARLA JAYARAM REDDY — Appellant Vs. M. VENKATA RAMANA AND OTHERS .ETC. — Respondent ( Before : N.V. Ramana, CJI, A.S. Bopanna and Hima…

Arbitration

An award can be set aside only if the award is against the public policy of India. The award can be set aside under Sections 34/37 of the Arbitration Act, if the award is found to be contrary to, (a) fundamental policy of Indian Law; or (b) the interest of India; or (c) justice or morality; or (d) if it is patently illegal.

Jan 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARYANA TOURISM LIMITED — Appellant Vs. M/S KANDHARI BEVERAGES LIMITED — Respondent ( Before : M.R. Shah and B.V. Nagarathna JJ. ) Civil Appeal…

Dowry Death

Word ‘dowry’ and takes in its ambit any kind of property or valuable security, demand for money for construction of house as falling within the definition of the word ‘dowry’ – Trial Court was correct and the husband deserved to be convicted under Sections 304-B and 498-A IPC – Appeal partly allowed.

Jan 16, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH STATE OF MADHYA PRADESH — Appellant Vs. JOGENDRA AND ANOTHER — Respondent ( Before : N.V. Ramana, CJI, A.S. Bopanna and Hima Kohli, JJ.…

Service

Bank pension scheme – Nonavailability of financial resources would not be a defence available to the Bank in taking away the vested rights accrued to the employees that too when it is for their socioeconomic security – It is an assurance that in their old age, their periodical payment towards pension shall remain assured – Pension which is being paid to them is not a bounty and it is for the Bank to divert the resources from where the funds can be made available

Jan 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE PUNJAB STATE COOPERATIVE AGRICULTURAL DEVELOPMENT BANK LIMITED — Appellant Vs. THE REGISTRAR, COOPERATIVE SOCIETIES AND OTHERS — Respondent ( Before : Ajay Rastogi…

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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

Month: January 2022

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