Supreme Court of India Judgements

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

Month: April 2022

Consumer

A consumer invoking the jurisdiction of the Commission can seek such reliefs as he/she considers appropriate. A consumer can pray for refund of the money with interest and compensation. The consumer could also ask for possession of the apartment with compensation. The consumer can also make a prayer for both in the alternative.

Apr 10, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH EXPERION DEVELOPERS PVRIVATE LIMITED — Appellant Vs. SUSHMA ASHOK SHIROOR — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Pamidighantam Sri…

Constitution

Right against deprivation of property unless in accordance with procedure established by law, continues to be a constitutional right under Article 300-A – Forcible dispossession of a person of their private property without following due process of law, was violative of both their human right, and constitutional right under Article 300-A.

Apr 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUKH DUTT RATRA AND ANOTHER — Appellant Vs. STATE OF HIMACHAL PRADESH AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Pamidighantam…

Dowry Death

HELD the deceased was done to death by strangulation and thereafter an attempt was made to camouflage the death as one which arose out of burn injuries. The evidence of PWs 1, 2 and 3 is quite consistent, cogent and firmly establishes not only the demands for dowry but dowry related harassments that the deceased was subjected to. Appeal dismissed.

Apr 10, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH SAREPALLI SREENIVAS AND OTHERS — Appellant Vs. STATE OF ANDHRA PRADESH — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Pamidighantam…

Service Matters
Service

HELD the recommendations made by the Corporation in introducing the ORSP Rules, 2008 for the employees of the Corporation in the absence of being approved by the Administrative Department, i.e., MSME, in the instant case, and by the Finance Department were not available for implementation and the finding which has been recorded by the learned Single Judge and affirmed in appeal, in our considered view, is not sustainable and deserves to be set aside.

Apr 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ODISHA STATE FINANCIAL CORPORATION — Appellant Vs. ODISHA STATE FINANCIAL CORPORATION EMPLOYEES UNION AND OTHERS — Respondent ( Before : Ajay Rastogi and Sanjiv…

Direct Taxation

HELD that whether corporate death of an entity upon amalgamation per se invalidates an assessment order ordinarily cannot be determined on a bare application of Section 481 of the Companies Act, 1956 (and its equivalent in the 2013 Act), but would depend on the terms of the amalgamation and the facts of each case – “an assessment can always be made and is supposed to be made on the Transferee Company taking into account the income of both the Transferor and Transferee Company. “.

Apr 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL) – 2 — Appellant Vs. M/S. MAHAGUN REALTORS (P) LIMITED — Respondent ( Before : Uday Umesh Lalit…

Acquittal

Recruitment in Army – Illegal gratification – Malpractices of clearing some candidates as medically fit, who were not otherwise fit, took place — AFT would be justified in interfering with the finding of the courtmartial where its finding is legally not sustainable due to any reason whatsoever – Extrajudicial confession is a weak piece of evidence –

Apr 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. MAJOR R. METRI NO. 08585N — Respondent ( Before : L. Nageswara Rao and B.R. Gavai,…

Cr P C

Probation of Offenders Act, 1958 – Sections 3 and 4 – Theft – Probation – Sections 360 and 361 of the Cr.P.C also empower the courts to release the offenders on probation of good conduct HELD having regard to sentence imposed by the courts below on the appellants for the offence under Section 379 read with Section 34 of IPC, and having regard to the fact there are no criminal antecedents against the appellants, the court is inclined to give them the benefit of releasing them on probation of good conduct –

Apr 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SOM DUTT AND OTHERS — Appellant Vs. THE STATE OF HIMACHAL PRADESH — Respondent ( Before : Sanjiv Khanna and Bela M. Trivedi, JJ.…

Dying Declaration

Criminal Law – Dying declaration – Merely because the weapon used is not recovered cannot be a ground not to rely upon the dying declaration. HELD Rioting – Merely because three persons were chargesheeted/charged/tried and even out of three tried, two persons came to be acquitted cannot be a ground to not to convict the accused under Section 148 IPC.

Apr 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF UTTAR PRADESH — Appellant Vs. SUBHASH @ PAPPU — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal…

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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