Supreme Court of India Judgements

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Month: February 2022

Acquittal

(IPC) 307 – PWs-1 & 2 have not contradicted between themselves being the eye-witnesses. Merely because they are related witnesses, in the absence of any material to hold that they are interested, their testimonies cannot be rejected. The High Court has rightly set aside the conviction rendered by the trial court for the charge under Section 307 IPC. PWs-1 & 2 have not spoken about the presence of the injured witness

Feb 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJESH YADAV AND ANOTHER ETC. — Appellant Vs. STATE OF U.P. — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ. )…

Labour Cases

HELD the question as to whether the workmen engaged by the contractors would be entitled to pay at par with other workmen of the employer and demand to that effect was raised with the appellants only. Thus, the settlement of 19th September, 2016, in which the employers were the contractors cannot bind the subject-dispute, where the appellants have been found to be the employer on the basis of materials considered by the High Court. Their engagement by the contractors cannot be the sole basis for determining their status as workmen of contractors.

Feb 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. OIL AND NATURAL GAS CORPORATION LIMITED — Appellant Vs. THE PRESIDENT, OIL FIELD EMPLOYEES ASSOCIATION AND OTHERS — Respondent ( Before : L.…

Acquittal

(CrPC) – Section 482 – (IPC) – Sections 406, 420, 467, 468, 471 and 120-B – Quashing of criminal proceedings – Misappropriation of amount – Main allegations are against the co-accused and others – There are no allegations that the appellants are related to the co-accused and others – It cannot be said that there is any prima facie case made out against the appellants for the offences – Quashed

Feb 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SMT. REKHA JAIN AND ANOTHER — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : M.R. Shah and B.V.…

Consumer

HELD – The value of the timber loaded in the truck SCDRC to examine this issue afresh without being influenced by its earlier order, including the order passed by the NCDRC. The appellants and the respondent would be permitted to file additional documents regarding delivery to the consignee and the valuation of the consignment, including the documents filed by the Bank before us. The parties would be asked to lead evidence through affidavits.

Feb 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INDUSIND BANK LIMITED AND ANOTHER — Appellant Vs. SIMARJIT SINGH — Respondent ( Before : Dr. D.Y. Chandrachud and Sanjiv Khanna, JJ. ) Civil…

Electricity Act

Constitution of India, 1950 – Article 12 – Electricity Act, 2003 – Sections 61, 62, 84 and 86(1)(b) – Andhra Pradesh Electricity Reform Act, 1998 – Section 21 – Withdrawal of petition for grant of approval of Power Purchase Agreement (PPA) – – Appellants (DISCOMS) could not be permitted to change the decision at their whims and fancies and, particularly, when it is adversarial to the public interest and public good – APTEL has rightly held that the appellants-(DISCOMS) could not have been permitted to withdraw petition.

Feb 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SOUTHERN POWER DISTRIBUTION POWER COMPANY LIMITED OF ANDHRA PRADESH (APSPDCL) AND ANOTHER — Appellant Vs. M/S HINDUJA NATIONAL POWER CORPORATION LIMITED AND ANOTHER —…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 11 – Appointment of member of the Bar as the sole Arbitrator – Appeal against – – While dealing with petition under Section 11, the Court by default would refer the matter when contentions relating to non-arbitrability are plainly arguable – In such case, the issue of non-arbitrability is left open to be decided by the Arbitral Tribunal – No case for interference is made out – Appeal dismissed.

Feb 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOHAMMED MASROOR SHAIKH — Appellant Vs. BHARAT BHUSHAN GUPTA AND OTHERS — Respondent ( Before : Indira Banerjee and Abhay S. Oka, JJ. )…

Constitution

Constitution of India, 1950 – Article 142 – Bearing in mind these exceptional facts and circumstances, by means of the saving clause in the Repealing Act, 2018, the Manipur Legislature could not have infused life into a legislation, which was recognised by the Legislature itself as unconstitutional and thereby, a nullity, prompting its repeal.

Feb 6, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH THE STATE OF MANIPUR AND OTHERS — Appellant Vs. SURJAKUMAR OKRAM AND OTHERS — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and…

C P C

Civil Procedure Code, 1908 (CPC) – Order 39 Rule 2­A – Contempt of a civil nature- The allegation of wilful disobedience being in the nature of criminal liability, the same has to be proved to the satisfaction of the court that the disobedience was not mere “disobedience” but “wilful” and “conscious” – Implication of exercise of contempt jurisdiction, held that the power must be exercised with caution rather than on mere probabilities

Feb 6, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH FUTURE COUPONS PRIVATE LIMITED AND OTHERS — Appellant Vs. AMAZON.COM NV INVESTMENT HOLDINGS LLC AND OTHERS — Respondent ( Before : N.V. Ramana, CJI,…

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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