February 2022 - Page 10 of 11 - Supreme Court of India Judgements

November 18, 2024 9:13 pm

Land Acquisition Act, 1894 – Sections 4 and 18 – Land acquisition – Compensation – Determination of market value – High Court has erred in law in holding that since the land of the sale exemplars is of irrigated agricultural land whereas the land acquired is unirrigated, is not the reasonable yardstick to determine market value of the land as the land in question is close to already developed area – Appeal allowed.

Feb 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MADHUKAR S/O GOVINDRAO KAMBLE AND OTHERS — Appellant Vs. VIDARBHA IRRIGATION DEVELOPMENT CORPORATION AND OTHERS — Respondent ( Before : Hemant Gupta and V.…

Constitution

Contract with respect to Mega projects HELD Considering the special peculiarities of such foreign sovereign funded development contracts, which can be envisaged and exist only due to the availability of the investment and willingness of the foreign sovereign country to finance such infrastructure project, the said contracts assume the different characteristics. Therefore, there shall be different considerations so far as the judicial interference is concerned between the foreign funded contracts and the ordinary public works contracts funded from public exchequer.

Feb 5, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL HIGH SPEED RAIL CORPORATION LIMITED — Appellant Vs. MONTECARLO LIMITED AND ANOTHER — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ.…

Constitution

Maharashtra Legislative Assembly Rules – Rules 8, 53 and 106 – Quashing of Maharashtra Assembly’s Resolution to Suspend – One year suspension is worse than “expulsion”, “disqualification” or “resignation” — insofar as the right of the constituency to be represented before the House/Assembly is concerned – In that, long suspension is bound to affect the rights harsher than expulsion wherein

Feb 5, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH ASHISH SHELAR AND OTHERS — Appellant Vs. THE MAHARASHTRA LEGISLATIVE ASSEMBLY AND ANOTHER — Respondent ( Before : A.M. Khanwilkar, Dinesh Maheshwari and C.T.…

Service

Central Civil Services (Revised Pay) Rules, 2008 – Clause 8.1, Section 1, Part A of the First Schedule – Grade pay – High Court has no jurisdiction to interfere with the Government policies in the form of Modified Assured Career Progression (MACP) Scheme which was after accepting the Sixth Central Pay Commission

Feb 5, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE DIRECTOR, DIRECTORATE OF ENFORCEMENT AND ANOTHER — Appellant Vs. K. SUDHEESH KUMAR AND OTHERS — Respondent ( Before : M.R. Shah and Sanjiv…

Acquittal

Maharashtra Police Act, 1951 – Section 56(1)(a)(b) – Order of externment – Impugned Judgment and order of the High Court shows that unfortunately, the Division Bench did not notice that an order of externment is not an ordinary measure and it must be resorted to sparingly and in extraordinary circumstances – Order of externment set aside.

Feb 5, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DEEPAK S/O LAXMAN DONGRE — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Ajay Rastogi and Abhay S. Oka,…

Rent

Haryana (Control of Rent & Eviction) Act, 1973 – Sections 5(1), 7(2), 7(3) and 11 – Suit for possession – Expiry of lease term – Statutory tenant – Jurisdiction of Civil Court – Section 11 of the Act has an overriding effect to the provisions of other laws. That being so, the jurisdiction indeed of a civil Court is impliedly barred from the field covered specifically by the provisions of the Act 1973 and that being the complete code determining the rights of a tenant/landlord to the exclusion of the other laws –

Feb 5, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUBHASH CHANDER AND OTHERS — Appellant Vs. M/S BHARAT PETROLEUM CORPORATION LIMITED. (BPCL) AND ANOTHER — Respondent ( Before : Ajay Rastogi and Abhay…

C P C

Civil Procedure Code, 1908 (CPC) – Sections 2(4) and 44A – Execution of foreign decree – Held the District Court or the High Court in its ordinary original civil jurisdiction is competent to exercise power for execution of decree, including money decree of the foreign Court of reciprocating jurisdiction, provided other conditions are complied with as contemplated under Section 44A of the Code.

Feb 5, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MESSER GRIESHEIM GMBH (NOW CALLED AIR LIQUIDE DEUTSCHLAND GMBH) — Appellant Vs. GOYAL MG GASES PRIVATE LIMITED — Respondent ( Before : Ajay Rastogi…

Constitution

Constitution of India, 1950 – Articles 16(4) and 16(4-A) – Reservation in Promotions – Unit for Collecting Quantifiable Data – Before providing for reservation in promotions to a cadre, the State is obligated to collect quantifiable data regarding inadequacy of representation of SCs and STs -Collection of information regarding inadequacy of representation of SCs and STs cannot be with reference to the entire service or ‘class’/’group’ but it should be relatable to the grade/category of posts to which promotion is sought

Feb 5, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH JARNAIL SINGH AND OTHER — Appellant Vs. LACHHMI NARAIN GUPTA AND OTHER — Respondent ( Before : L. Nageswara Rao, Sanjiv Khanna and B.R.…

Property Matters

Madhya Pradesh Public Trusts Act, 1951 – Sections 14 and 36 – Madhya Pradesh Trust Rules, 1962 – Rule 9 – Sanction for disposal of trust property – Aim of public control is to ensure that the trust is administered efficiently and smoothly – State interest is that far, and no more; it cannot mean that the state can dictate what decisions can or cannot be taken

Feb 5, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH PARSI ZOROASTRIAN ANJUMAN, MHOW — Appellant Vs. THE SUB DIVISIONAL OFFICER/THE REGISTRAR OF PUBLIC TRUSTS AND ANOTHER — Respondent ( Before : Uday Umesh…

Registration Act

Registration Act, 1908 – Section 32(c) read with Section 33 and 34(2)(c) – Production of original power of attorney -there is really no need for the production of the original power of attorney, when the document is presented for registration by the person standing in the shoes of the second defendant in this case as he would be covered by the provisions of Section 32(a) as he has executed the document though on the strength of the power of attorney –

Feb 5, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AMAR NATH — Appellant Vs. GIAN CHAND AND ANOTHER — Respondent ( Before : K.M Joseph and Pamidighantam Sri Narasimha, JJ. ) Civil Appeal…

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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: February 2022

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