Supreme Court of India Judgements

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

Month: April 2022

Education

No person is entitled to establish a medical college except with the previous permission of the Central Government – Similarly, no medical college can open a new or higher course of study or training, including a postgraduate course of study or training without the previous sanction of the Central Government – Likewise, no medical college can increase its admission capacity in any course of study or training, including a post­graduate course of study or training.

Apr 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CENTRAL COUNCIL FOR INDIAN MEDICINE — Appellant Vs. KARNATAKA AYURVEDA MEDICAL COLLEGE AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R.…

Corporate

Banking – Release of mutual funds – Securities need to be released in favour of the applicant – HELD the applicant shall now furnish bank guarantee for a sum of Rs.100 Crores and it shall further furnish a corporate guarantee to the extent of Rs.300 Crores. The bank guarantee earlier furnished by the applicant to the extent of Rs.344.07 Crores shall stand discharged on the applicant fulfilling the above condition to the satisfaction of the Trial Court concerned.

Apr 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SECURITIES AND EXCHANGE BOARD OF INDIA — Appellant Vs. IL AND FS SECURITIES SERVICES LTD. AND OTHERS — Respondent IN THE MATTER OF: DALMIA…

Bail Granted

Sections 10, 13, 15, 16, 17, 18, 18A, 18B, 19, 20, 23 and 38 of the Unlawful Activities (Prevention) Act, 1967 – HELD the evidence which has already unfolded and above all, the long period of incarceration that the appellant has already undergone, time has arrived when the appellant be enlarged on bail.

Apr 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAHIR HAK — Appellant Vs. THE STATE OF RAJASTHAN — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. ) Criminal Appeal No.…

SC/ST

Penal Code, 1860 (IPC) – Section 504 – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(i)(x) – Probation of Offenders Act, 1958 – Sections 3 and 11 – Power of court to release certain offenders after admonition – HELD this Court under the 1958 Act itself can pass an order at this stage – It appropriate that the appellant may be released instead of carrying out the sentence after due admonition

Apr 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KUNTI KUMARI — Appellant Vs. THE STATE OF JHARKHAND — Respondent ( Before : S. Abdul Nazeer and Vikram Nath, JJ. ) Criminal Appeal…

Constitution

Practices and Rules – Dismissal of appeal without reasoning – Impugned order passed by the High Court is a non-speaking and non­reasoned order and even the submissions on behalf of the revenue are not recorded, the impugned order passed by the High Court dismissing the appeal is unsustainable – Matter is remanded to the High Court

Apr 11, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE PRINCIPAL COMMISSIONER OF INCOME TAX-1 — Appellant Vs. M/S. BAJAJ HERBALS PRIVATE LIMITED — Respondent ( Before : M.R. Shah and B.V. Nagarathna,…

Service Matters
Service

Uttar Pradesh State Universities Act, 1973 – Sections 16 and 17 – State Government is not bound by any direction issued by the Central Government which would at worst be mandatory to the Central Universities and the Central Government Colleges receiving funds – Thus, any such decision would obviously be directory to State Government Colleges and Universities, being in the nature of a mere recommendation

Apr 11, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTARAKHAND — Appellant Vs. SUDHIR BUDAKOTI AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ. ) Civil…

Rent

Delhi Rent Control Act, 1958 – Section 25B(8) – HELD the mere existence of the other properties which are, in fact, denied by the appellant would not enure to the benefit of the respondent in the absence of any pleadings and supporting material before the learned Rent Controller to the effect that they are reasonably suitable for accommodation. embargo under the Enemy Property Act would not be made applicable to the properties in question.

Apr 11, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ABID-UL-ISLAM — Appellant Vs. INDER SAIN DUA — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ. ) Civil Appeal No. 9444…

State Laws

Punjab Village Common Lands (Regulation) Act, 1961, as inserted by Haryana Act No. 9/1992 -The entire land reserved for common purposes by applying pro-rata cut had to be utilized by the Gram Panchayat for the present and future needs of the village community and that no part of the land can be re-partitioned amongst the proprietors.

Apr 11, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF HARYANA THROUGH SECRETARY TO GOVERNMENT OF HARYANA — Appellant Vs. JAI SINGH AND OTHERS — Respondent ( Before : Hemant Gupta…

Labour Cases

It is a fundamental principle of law that a party who is in enjoyment of an interim order, is bound to lose the benefit of such interim order when the ultimate outcome of the case goes against him. HELD in view of the efflux of time and taking into account the fact that few employees are now no more, we direct the Management not to effect any recovery, if payment has already been made to any of the respondents or their families.

Apr 11, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CHAIRMAN-CUM-MANAGING DIRECTOR FERTILIZER CORPORATION OF INDIA LIMITED AND ANOTHER — Appellant Vs. RAJESH CHANDRA SHRIVASTAVA AND OTHERS — Respondent ( Before : Hemant Gupta…

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