Supreme Court of India Judgements

46650 Judgements hosted as on 11/11/2024 - Search (FREE), Subscribe, Read & Download

Month: February 2022

Service Matters
Service

HELD constitutional courts while exercising their power of judicial review under Articles 226 or 227 of the Constitution would not assume the role of the appellate authority where jurisdiction is circumscribed by limits of correcting errors of law or procedural errors leading to manifest injustice or violation of principles of natural justice

Feb 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GENERAL MANAGER(OPERATION-1)/ APPELLATE AUTHORITY, UCO BANK AND OTHERS — Appellant Vs. KRISHNA KUMAR BHARDWAJ — Respondent ( Before : Ajay Rastogi and Abhay S.…

Service Matters
Service

Power of judicial review in the matters of disciplinary inquiries, exercised by the departmental/appellate authorities discharged by constitutional courts under Article 226 or Article 136 of the Constitution of India is well circumscribed by limits of correcting errors of law or procedural errors leading to manifest injustice or violation of principles of natural justice.

Feb 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH REGIONAL MANAGER, UCO BANK AND ANOTHER — Appellant Vs. KRISHNA KUMAR BHARDWAJ — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ.…

Specific Performance

Specific Relief Act, 1963 – Sections 21, 21(4) and 21(5) – Claim for damages in lieu of specific performance of contract – Appellant did not claim any relief for damages – Even in the appeal filed by the Appellant, no relief for damages was claimed by the Appellants – Appellant not entitled for damages – Appeal dismissed.

Feb 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNIVERSAL PETRO CHEMICALS LIMITED — Appellant Vs. B. P. PLC AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…

Service Matters
Service

Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 – Regulations 6, 7 and 116 -Exemption from the applicability of Regulation 6 & 7 of the Safety Regulations by the order dated 13.02.2019 can be granted only in favour of persons who were employed with the KSEBL on the date of the formulation of the transfer scheme and such of those employees who have joined service after 31.10.2013 were not entitled to such an exemption.

Feb 27, 2022 sclaw

Vs. STATE OF KERALA AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ. ) Civil Appeal Nos. 1498-1500 of 2022 (Arising out of SLP (Civil)…

Service Matters
Service

Service Law – Promotion – considering Rule 14, it can be seen that the bar was against teachers who have obtained B.A./B.Sc./B.Ed degree simultaneously during the same academic year – In the present case it cannot be said that the appellant obtained the degree of B.A. (English) and M.A. (Tamil) during the same academic year

Feb 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH A. DHARMARAJ — Appellant Vs. THE CHIEF EDUCATIONAL OFFICER, PUDUKKOTTAI AND OTHERS — Respondent ( Before : M. R. Shah and B. V. Nagarathna,…

Constitution

Re-auction – re-auction of the entire properties by fixing the upset price higher than what has been fixed earlier, the auction purchaser who purchased the property in the year 1998- Valuation as on the date of auction is the relevant consideration and not the value after so many years

Feb 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH K. KUMARA GUPTA — Appellant Vs. SRI MARKENDAYA AND SRI OMKARESWARA SWAMY TEMPLE AND OTHERS — Respondent ( Before : M.R. Shah and B.V.…

Constitution

Constitution of India, 1950 – Article 15(1) and 19(1)(g) – Maharashtra Police Act, 1951 – Section 33(1)(w)(i) and 33(w)(ii) and 162(1) – Licensing and Performance for Public Amusement including Cabaret Performance, Melas and Tamashas Rules, 1960 – Rules 108A, 109, 118, 207 and 209- Condition limiting female performers in bars – Restriction directly transgresses Article 15(1) and Article 19(1)(g)-

Feb 27, 2022 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH HOTEL PRIYA, A PROPRIETORSHIP — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : K.M. Joseph and S. Ravindra Bhat,…

You missed

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