Supreme Court of India Judgements

46660 Judgements hosted as on 19/11/2024 - Search (FREE), Subscribe, Read & Download

Month: April 2022

Service Matters
Service

HELD there appears no reason for withholding the names of the present appellants and merely because they were appointed at a later point of time, would not deprive them from claiming to become a member of Tamil Nadu Pension Rules, 1978, which is applicable to the employees who were appointed on or before 1st April, 2003.

Apr 28, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH P. RANJITHARAJ — Appellant Vs. THE STATE OF TAMIL NADU AND OTHERS — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi, JJ.…

Cheque Dishonour

Cheque – Quashing of complaint at a pre-trial stage – the accused may be given an un-merited advantage in the criminal process – –when the cheque and the signature are not disputed by the appellant – the accused will have due opportunity to adduce defence evidence during the trial, to rebut the presumption

Apr 28, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RATHISH BABU UNNIKRISHNAN — Appellant Vs. THE STATE (GOVT. OF NCT OF DELHI) AND ANOTHER — Respondent ( Before : K.M. Joseph and Hrishikesh…

Cr P C

(CrPC) – S 482 – Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 – S 2 and 3 – Quashing of proceedings – Appellant-accused contended that solely on the basis of a single FIR/charge sheet and that too with respect to a single murder, the appellant cannot be said to be a ‘Gangster’ and/or a member of the ‘Gang’ – HELD Even a single crime committed by a ‘Gang’ is sufficient to implant Gangsters Act on such members of the ‘Gang

Apr 28, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHRADDHA GUPTA — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Specific Performance

Specific performance of agreement – Agreement to sell – Three Courts below have recorded the concurrent findings of facts in favour of the respondent-plaintiff with regard to the respondent having proved his readiness and willingness to perform his part of contract, – Appeal dismissed

Apr 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SATNAM SINGH — Appellant Vs. SATNAM SINGH — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi, JJ. ) Civil Appeal No. 8037…

Service Matters
Service

Payment of Gratuity Act, 1972 – Sections 1(3)(c), 2(a) and 3(1)(b) – Anganwadi centres – Right of Children to Free and Compulsory Education Act, 2009 – Section 11 – The 1972 Act will apply to Anganwadi centres and in turn to Anganwadi Workers (AWWs) and Anganwadi Helpers (AWHs) – Anganwadi centres are establishments contemplated by clause (b) of sub­section (3) of Section 1 of the 1972 Act

Apr 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANIBEN MAGANBHAI BHARIYA — Appellant Vs. DISTRICT DEVELOPMENT OFFICER DAHOD AND OTHERS — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ.…

Corporate

Foreign Trade (Development and Regulation) Act, 1992 – Section 5 – Date of loading goods onto the vessel, which commenced one day prior to the effective date of the policy, is not as significant as the date on which the foreign buyer failed to pay for the goods exported, which was well within the coverage period of the Policy

Apr 26, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH HARIS MARINE PRODUCTS — Appellant Vs. EXPORT CREDIT GUARANTEE CORPORATION (ECGC) LIMITED — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat, and…

State Laws

Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 – Section 2(c) – Deposit – If the financial establishment is obligated to return the deposit without any increments, it shall still fall within the purview of Section 2(c) of the MPID Act, provided that the deposit does not fall within any of the exceptions –

Apr 26, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH THE STATE OF MAHARASHTRA — Appellant Vs. 63 MOONS TECHNOLOGIES LTD. — Respondent ( Before : Dr Dhananjaya Y Chandrachud, Surya Kant and Bela…

Service Matters
Service

Claim of back wages HELD It is needless to point out that in the first instance, there is an obligation on the part of the employee to plead that he is not gainfully employed. It is only then that the burden would shift upon the employer to make an assertion and establish the same.

Apr 25, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ALLAHABAD BANK AND OTHERS — Appellant Vs. AVTAR BHUSHAN BHARTIYA — Respondent ( Before : Indira Banerjee and V. Ramasubramanian, JJ. ) Special Leave…

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