Supreme Court of India Judgements

46468 Judgements hosted as on 12/05/2024 - Search (FREE), Subscribe, Read & Download

Month: March 2022

Constitution

Prevention of Cruelty to Animals Act, 1960 – Confiscation of the appellant’s truck when he is acquitted in the Criminal prosecution, amounts to arbitrary deprivation of his property and violates the right guaranteed to each person under Article 300A – Therefore, the  District Magistrate’s order of Confiscation (ignoring the Trial Court’s judgment of acquittal), is not only arbitrary but also inconsistent with the legal requirements

Mar 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ABDUL VAHAB — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. ) Criminal Appeal No.…

Tenders & Contracts

Contract Act, 1872 – Section 65 – Telecom Regulatory Authority of India Act, 1997 – Section 18 – Refund of Entry Fee – If the party claiming restitution was equally or more responsible for the illegality (in comparison to the defendant), there shall be no cause for restitution

Mar 6, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH LOOP TELECOM AND TRADING LIMITED — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Surya Kant…

Service Matters
Service

No order as to Claim of salary etc – This gives a clear indication that upon an order being passed by the appellate authority finding the termination of employee to be illegal and leaves it there, it would not ipso facto inevitably follow that the employee will become entitled to claim the salary for the entire period consequent upon his being found to be entitled to reinstatement.

Mar 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUKHDARSHAN SINGH — Appellant Vs. THE STATE OF PUNJAB AND OTHERS — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. ) Civil…

Constitution

University Grants Commission Act, 1956 – Issuance of writ of quo warranto to set aside the appointment of Vice Chancellor – Therefore, any appointment as a Vice Chancellor contrary to the provisions of the UGC Regulations can be said to be in violation of the statutory provisions, warranting a writ of quo warranto – This is a fit case to issue a writ of quo warranto and to quash and set aside the appointment of Vice Chancellor.

Mar 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GAMBHIRDAN K GADHVI — Appellant Vs. THE STATE OF GUJARAT AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

I B C

HELD instead of relegating the original applicants to approach the NCLT/Adjudicating Authority by moving an application under Section 12A of the IBC – This is a fit case to exercise powers under Article 142 of the Constitution of India as the settlement arrived at between the home buyers and the appellant and corporate debtor –company shall be in the larger interest of the home buyers

Mar 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AMIT KATYAL — Appellant Vs. MEERA AHUJA AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal No.…

Environment

Wildlife (Protection) Act, 1972 – Section 36A – Direction of stoppage of mining activity in the vicinity of the elephant corridor – Dispute can be resolved by giving a direction to the State Government to implement the Comprehensive Wildlife Management Plan and complete the process of declaration of the traditional elephant corridor as conservation reserve as provided in Section 36A of the Act

Mar 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BINAY KUMAR DALEI AND OTHERS — Appellant Vs. STATE OF ODISHA AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai,…

State Laws

Punjab Package Deal Properties (Disposal) Act, 1976 – Sections 10, 15(1) and 18 – Public Auction – Setting aside of auction sale – not open for the High Court to sit like a Court of Appeal over the decision of the competent authority and particularly in the matters where the authority competent of floating the tender is the best judge of its requirements, therefore, the interference otherwise has to be very minimal

Mar 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF PUNJAB AND OTHERS — Appellant Vs. MEHAR DIN — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. ) Civil…

You missed

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