Supreme Court of India Judgements

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

Month: April 2022

Constitution

Constitution of India, 1950 – Article 226 – Income Tax Act, 1961 – Section 148 – Challenging Re-opening of Assessment – Dismissal of Writ Petition by High Court without giving reasons -An order bereft of reasoning causes prejudice to the parties because it deprives them to know the reasons as to why one party has won and other has lost – Remanded to HC

Apr 9, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VISHAL ASHWIN PATEL — Appellant Vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 25(3) AND OTHERS — Respondent ( Before : M.R. Shah and B.V.…

Service Matters
Service

Service Law – Regularization with all consequential benefits – There is no heavy financial burden upon the University and at the same time to strike a balance and considering the fact that the respective original writ petitioners have worked for more than 15 to 30 years, if it is ordered that the actual consequential benefits on regularization of their services are restricted to three years prior to filing of the writ petitions

Apr 9, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAI NARAIN VYAS UNIVERSITY, JODHPUR AND ANOTHER — Appellant Vs. MUKESH SHARMA ETC. ETC. — Respondent ( Before : M.R. Shah and B.V. Nagarathna,…

C P C

In view of the difference of opinion expressed by two separate judgments, the Registry is directed to place the matter before Hon’ble the Chief Justice of India for appropriate orders/directions. CONTENTIONS rejection of the plaint under Order VII Rule 11 (d), for deciding the preliminary issue on pure question of law under Order XIV Rule 2(2) and for pronouncing a judgment on admission under Order XII Rule 6 being absolutely different and independent of each other

Apr 4, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SARANPAL KAUR ANAND — Appellant Vs. PRADUMAN SINGH CHANDHOK AND OTHERS — Respondent ( Before : Sanjiv Khanna and Bela M. Trivedi, JJ. )…

Direct Taxation

Income Declaration Scheme (IDS) – HELD sequitur to a declaration under the IDS does not lead to immunity (from taxation) in the hands of a non-declarant.held that immunity granted by a tax amnesty scheme in respect of liabilities under some enactments, did not afford protection against action under other enactments or laws:

Apr 2, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL) CIRCLE 1(2) — Appellant Vs. M/S. M. R. SHAH LOGISTICS PRIVATE LIMITED — Respondent ( Before : Uday…

Uncategorized

Environment (Protection) Act, 1986 – Section 3 – An establishment contributing to the economy of the country and providing livelihood ought not to be closed down only on the ground of the technical irregularity of not obtaining prior Environmental Clearance irrespective of whether or not the unit actually causes pollution.

Apr 2, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S PAHWA PLASTICS PRIVATE LIMITED AND ANOTHER — Appellant Vs. DASTAK NGO AND OTHERS — Respondent ( Before : Indira Banerjee and J.K. Maheshwari,…

Corporate

Securities and Exchange Board of India Act, 1992 – Section 15Z – Appeal to Supreme Court – – A question of law may arise when there is an erroneous construction of the legal provisions of the statute or the general principles of law. In such cases, the Supreme Court in exercise of its jurisdiction of Section 15Z may substitute its decision on any question of law that it considers appropriate.

Apr 2, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SECURITIES AND EXCHANGE BOARD OF INDIA — Appellant Vs. MEGA CORPORATION LIMITED — Respondent ( Before : L. Nageswara Rao and Pamidighantam Sri Narasimha,…

Service Matters
Service

Absorption and regularisation – When the employee were appointed on a fixed term and on a fixed salary in a temporary unit which was created for a particular project, no such direction could have been issued by the High Court to absorb them in Government service and to regularise their services –

Apr 2, 2022 sclaw

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

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