Supreme Court of India Judgements

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Month: January 2022

Direct Taxation

It is settled principle of interpretation that where the same Statute, uses different terms and expressions, then it is clear that Legislature is referring to distinct and different things. the assessments completed against the assessee with respect to assessment years 2014-2015 and 2015-2016 stand set aside. The assessing officer to pass revised orders after computing the liability in accordance with the directions as indicated

Jan 3, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KERALA STATE BEVERAGES MANUFACTURING & MARKETING CORPORATION LIMITED — Appellant Vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1(1) — Respondent ( Before :…

Constitution

Constitution of India, 1950 – Article 226 – Quashing of fresh assessment – Appeal against – in the present case the fresh assessments have gone against the respective dealers. Therefore, as such the respective dealers were required to prefer the appeals before the First Appellate Authority against the fresh assessment orders – High Court quashing and setting aside the fresh assessment orders in the writ petitions under Article 226 of the Constitution of India are unsustainable.

Jan 3, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF ANDHRA PRADESH AND OTHERS — Appellant Vs. S. PITCHI REDDY — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Service Matters
Service

Service Law – Dismissal – When in the departmental enquiry, it has been specifically found that due to rash and negligent driving on the part of the driver, the accident took place in which four persons died, when the punishment of dismissal is imposed it cannot be said to be shockingly disproportionate punishment – Appeal allowed.

Jan 3, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAHARASHTRA STATE ROAD TRANSPORT CORPORATION — Appellant Vs. DILIP UTTAM JAYABHAY — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

Environment

With a view to find out a permanent solution for the air pollution menace occurring every year in Delhi and the National Capital Region, we direct the said Commission to invite suggestions from the general public as well as the experts in the field. Some experts have already approached this Court as Intervenors. The suggestions received shall have to be considered by an expert group, to be constituted by the Commission for the said purpose, before finalization of the policy to curb air pollution.

Jan 3, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOHD. NAZIM AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…

C P C

(CPC) – Section 96, Order 41 Rule 31 – Appeal from original decree – Without framing points for determination and considering both facts and law; without proper discussion and assigning the reasons – First Appellate Court cannot dispose of the first appeal under Section 96 CPC and that too without raising the points for determination as provided under Order XLI Rule 31 CPC. – Impleadment of party in appeal – There cannot be an automatic allowing of the appeal and quashing and setting aside the judgment and decree passed by the trial court

Jan 2, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  IL AND FS ENGINEERING AND CONSTRUCTIONS COMPANY LIMITED — Appellant Vs. M/S. BHARGAVARAMA CONSTRUCTIONS AND OTHERS — Respondent ( Before : M.R. Shah and…

I P C

Penal Code, 1860 (IPC) – Sections 304 Part II – Culpable homicide not amounting to murder – Reduction of sentence – Land dispute – Sudden quarrel – No premeditated or preplanned incident – While confirming the conviction for offence under Section 304(ii) of the IPC – Sentence reduced form ten years to two years rigorous imprisonment with fine.

Jan 2, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  GOVINDAN — Appellant Vs. STATE REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ.…

Dowry Death

Dowry Death – Brutally assault and harassment – Deceased was done away with within the four walls of her matrimonial home – Recovery of dead body from banks of river -There is sufficient evidence brought on record to inculpate husband of deceased – As for mother-in-law from the evidence on record only certain omnibus allegations have been made against her with respect to dowry demands – Respondent-State has not been able to indicate any specific allegations, nor point to any specific evidence or testimony against her – Conviction of husband of deceased maintained – Conviction of mother-in-law set aside.

Jan 2, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH PARVATI DEVI — Appellant Vs. THE STATE OF BIHAR NOW STATE OF JHARKHAND AND OTHERS — Respondent ( Before : N.V. Ramana, CJI, Surya…

Service Matters
Service

What is non-existent in the eye of the law cannot be revived retrospectively. Life cannot be breathed into the stillborn charge memorandum -Allegations against the appellant are serious in nature and ought not to be scuttled on purely technical ground. But the Tribunal in the judgment which was set aside by the High Court had reserved liberty to issue a fresh memorandum of charges under Rule 14 of CCS (CCA) Rules, 1965 as per Rules laid down in the matter, if so advised. Thus, the department’s power to pursue the matter has been reserved and not foreclosed.

Jan 2, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUNNY ABRAHAM — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : L. Nageswara Rao and Aniruddha Bose, JJ. ) Civil…

I P C

Robbery, or dacoity, with attempt to cause death or grievous hurt – If the charge of committing the offence is alleged against all the accused and only one among the ‘offenders’ had used the firearm or deadly weapon, only such of the ‘offender’ who has used the firearm or deadly weapon alone would be liable to be charged under Section 397 IPC

Jan 2, 2022 sclaw

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

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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