Supreme Court of India Judgements

46670 Judgements hosted as on 9/12/2024 - Search (FREE), Subscribe, Read & Download

Month: May 2022

Bail Declined

Rape – Cancellation of bail – Brazen conduct of the accused has evoked a bona fide fear in the mind of the complainant that she would not get a free and fair trial if he remains enlarged on bail and that there is a likelihood of his influencing the material witnesses – Bail order deserves to be set aside

May 8, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH MS. P. — Appellant Vs. THE STATE OF MADHYA PRADESH AND ANOTHER — Respondent ( Before : N.V. Ramana, CJI, Krishna Murari and Hima…

Constitution

HELD once the legality of closure of the old scheme was undisputed, there was no manner of right inhering with the club, to insist that its claim for any plot had to be considered. If at all, it ought to have applied under subsequent schemes, and waited like other applicants (of that scheme),

May 8, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH RITU MAHESHWARI — Appellant Vs. M/S. PROMOTIONAL CLUB — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Pamidighantam Sri Narasimha, JJ.…

Service Matters
Service

Administrative Tribunals (Procedure for Appointment of Members) Rules, 2011 – Rule 9(4) – There cannot be any manner of doubt that a conscious decision was taken by the Selection Committee not to recommend the extension of tenure of the respondent – Order of extension of term of appointment is set aside – Appeal allowed.

May 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA AND OTHERS — Appellant Vs. NAVNEET KUMAR — Respondent ( Before : L. Nageswara Rao and B. R. Gavai, JJ. )…

Arbitration

HELD The Arbitral Tribunal, therefore, has rightly given effect to the specific agreement between the parties with regard to the rate of interest. We find that the arbitral award has been passed in consonance with the provisions as contained in clause (a) of sub-section (7) of Section 31 of the 1996 Act and specifically, in consonance with the phrase “unless otherwise agreed by the parties”

May 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH DELHI AIRPORT METRO EXPRESS PRIVATE LIMITED — Appellant Vs. DELHI METRO RAIL CORPORATION — Respondent ( Before : L. Nageswara Rao and B.R. Gavai,…

Registration Act

Registration Act, 1908 – Sections 32 to 35 – Registration of document – A declaration that a document is null and void, is exclusively within the domain of the civil court, but it does not mean that the High Court cannot examine the question whether or not the Registering Authority performed his statutory duties in the manner prescribed by law.

May 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED — Appellant Vs. S.P. VELAYUTHAM AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. )…

Arbitration

Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998 (State Act), which has the effect of annulling the awards which have become “Rules of Court”, is a transgression on the judicial functions of the State and therefore, violative of doctrine of “separation of powers”

May 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH THE SECRETARY TO GOVT. OF KERALA, IRRIGATION DEPARTMENT AND OTHERS — Appellant Vs. JAMES VARGHESE AND OTHERS — Respondent ( Before : L. Nageswara…

Constitution

Designating Senior Advocate – HELD clarify the situation and direct that instead of ten marks to be allocated to a counsel who has put in between ten to twenty years of practice, the marks be allocated commensurate with the standing of the person at the Bar, that is to say, one mark each shall be allocated for every year of practice between ten to twenty years.

May 8, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH AMAR VIVEK AGGARWAL AND OTHERS — Appellant Vs. HIGH COURT OF PUNJAB AND HARYANA AND OTHERS — Respondent ( Before : Uday Umesh Lalit,…

You missed

C P C

A party should not suffer due to the negligence of their counsel, and a restoration application under Order IX Rule 13 of the CPC can serve as an application for condonation of delay if it explains the reasons for the delay, so that courts should focus on the merits of a case rather than being hindered by procedural technicalities A. Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — An application under Order 9 Rule 13 can also serve as an application for condonation of delay — The court cites Bhagmal and Ors Vs. Kunwar Lal and Others, to support its finding that where the delay in filing an application under Order 9 Rule 13 of the CPC is explained within the application itself, there is no need for a separate application for condonation of delay — The court emphasizes that the procedure is a handmaid of justice, and hyper-technical interpretations of rules should not stand in the way of achieving a just outcome.

Dec 28, 2024 sclaw
Anticipatory Bail

Anticipatory bail should not be granted routinely, especially in serious offenses like murder, and that courts must consider the severity of the charges, the evidence, and the materials on record, including the charge sheet Penal Code, 1860 (IPC) — Section 302 — Murder — The Supreme Court overturned the Patna High Court’s decision to grant anticipatory bail to respondents in a murder case — The case originated from an incident where the appellant’s nephew was allegedly set on fire by the respondents — The court emphasized that anticipatory bail should not be granted mechanically, particularly in severe offenses like murder, and the High Court had erred in not considering the gravity of the charges and the evidence, including the charge sheet which stated that the case against the accused persons was found to be true — The Supreme Court directed the respondents to surrender to the trial court and apply for regular bail, to be considered on its merits — The Supreme Court’s decision underscores the importance of a thorough review of case details and allegations before granting anticipatory bail, especially in cases of serious crimes.

Dec 28, 2024 sclaw
Service

Service Law — Regularization of services for long-term, part-time employees — The court found that the appellants’ continuous service for over a decade, performing essential duties, should not be disregarded simply because their initial appointments were labeled as part-time or contractual — The court noted the indispensable nature of their work, the lack of any performance issues, and that their duties were similar to those of regular employees — The court emphasized that the nature of their work was perennial and fundamental, requiring their classification as regular posts — The court also found that the appellants’ abrupt termination was unjustified and violated principles of natural justice, and the argument against their regularization based on educational qualifications was untenable — The court noted discriminatory practices as other employees with similar or shorter service had been regularized — The court clarified that the Uma Devi judgment was not intended to penalize employees who have served long years in essential roles and that “irregular” appointments should be considered for regularization, especially when they are not “illegal” and the employees have served continuously against sanctioned functions.

Dec 28, 2024 sclaw
Child Custody Matrimonial

For best interest and welfare of the child are the paramount considerations when determining visitation rights A. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The paramount consideration when determining visitation rights is the best interest and welfare of the child — This principle takes precedence over the rights of the parents — The court emphasizes that a child’s health and well-being must not be compromised in the process of adjudicating parental rights. B. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Both parents have a right to the care, company, and affection of their child — However, this right is not absolute and must be balanced with the need to protect the child’s welfare — In this case, the court acknowledges the father’s right to visit his daughter but ensures that these visits do not negatively impact the child. C. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Matrimonial disputes and serious allegations between parents should not impede a child’s right to the care and company of both parents — The court separates the child’s welfare from the conflict between the parents. D. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Visitation arrangements must not cause undue hardship to the child — The court modified the High Court’s order, which required the child to travel 300 kilometers every Sunday, as it was deemed detrimental to the child’s health and well-being. E. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The location for visitation must be convenient and in the best interest of the child — The court changed the visitation location from Karur to Madurai, which is closer to the child’s residence, in order to prioritize the child’s comfort and convenience. F. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Supervised visitation may be necessary, especially for young children — The court directed that the father’s visits should occur in a public place, with the mother present (though at a distance), due to the child’s young age and unfamiliarity with the father.

Dec 28, 2024 sclaw