Supreme Court of India Judgements

46420 Judgements hosted as on 27/04/2024 - Search (FREE), Subscribe, Read & Download

Month: June 2022

Constitution

Maharashtra Control of Organised Crime Act, 1999 – Section 2(1)(e) – Organised crime – Actual use of violence is not always a sine qua non for an activity falling within the mischief of organised crime, when undertaken by an individual singly or jointly as part of organised crime syndicate or on behalf of such syndicate

Jun 30, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH ABHISHEK — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Aniruddha Bose, JJ. ) Criminal Appeal No.…

Constitution

Mandate of Section 207 of CrPC cannot be read as a provision etched in stone to cause serious violation of the rights of the accused as well as to the principles of natural justice – It must be emphasized that prosecution by the State ought to be carried out in a manner consistent with the right to fair trial, as enshrined under Article 21 of the Constitution.

Jun 30, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH S.P. VELUMANI — Appellant Vs. ARAPPOR IYAKKAM AND OTHERS — Respondent ( Before : N.V. Ramana, CJI, Krishna Murari and Hima Kohli, JJ. )…

Environment

Permission is granted to the applicants to enter into direct contracts to lift the excavated iron ore through inter State sales and also grant permission to the applicants to export the iron ore and pellets manufactured from the iron ore produced from the mines situated in the State of Karnataka

Jun 26, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH SAMAJ PARIVARTANA SAMUDAYA AND OTHERS — Appellant Vs. STATE OF KARNATAKA AND OTHERS — Respondent ( Before : N.V. Ramana, CJI, Krishna Murari and…

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Constitution Election Laws

EVM and VVPAT – Reliability – The petitioners challenged the reliability of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) systems, suspecting potential manipulation and demanding transparency in the voting process – The core issues revolved around the integrity of EVMs, the adequacy of VVPAT verification, and the fundamental right of voters to know their votes are correctly recorded and counted – Petitioner argued for a return to paper ballots, provision of VVPAT slips to voters, or 100% counting of VVPAT slips alongside electronic counts, citing concerns over EVM transparency and voter confidence – The Election Commission of India (ECI) defended the EVMs’ success in ensuring free, fair, and transparent elections, highlighting technological safeguards against tampering and the benefits over paper ballots – The Court upheld the current EVM and VVPAT system, dismissing the petitions and suggesting improvements for transparency without disrupting the ongoing electoral process – The Court relied on past precedents, the ECI’s robust procedures, and the absence of cogent material evidence against EVMs to reject the petitions – The judgment referenced constitutional provisions, electoral laws, and previous rulings to support the ECI’s position and the current electoral practices – The Supreme Court concluded that the EVMs and VVPAT systems are reliable, and the petitions were dismissed based on the lack of substantial evidence against the current electoral process.

Apr 27, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Sections 302, 304 and 34 – Acquittal – Benefit of Doubt – The Supreme Court acquitted the appellant, citing unreliable witness testimonies and lack of corroborative evidence – The Court’s reasoning focused on the credibility of the key witnesses and the absence of corroborative material to support the prosecution’s case – The legal reasoning included the principle of ‘falsus in uno, falsus in omnibus’ not being applicable in Indian jurisprudence – The conclusion was that the appellant deserved acquittal due to the benefit of doubt – The judicial opinion emphasized the quality of evidence over quantity in determining the truth.

Apr 27, 2024 sclaw
I P C

National Investigation Agency Act, 2008 – Section 22(3) – Penal Code, 1860 – Sections 121A, 122, 123, 124A and 120B – Unlawful Activities (Prevention) Act, 1967 – Sections 16, 18, 18B, 20, 38, 39 and 43D – The case involves the State of West Bengal appealing against a High Court judgment that quashed UAPA proceedings against the respondent due to jurisdiction issues – The Court reasoned that the Sessions Court had jurisdiction as per Section 22(3) of the NIA Act since the State had not constituted a Special Court – The Court discussed the modified application of Section 167 CrPC under Section 43D of UAPA and the definition of ‘Court’ under Section 2(1)(d) of UAPA. – The Supreme Court concluded that the City Sessions Court had the jurisdiction to pass the order adding UAPA offences and permitted the continuation of the trial.

Apr 27, 2024 sclaw
Constitution Tenders & Contracts

The Supreme Court set aside the Division Bench’s order, restored the Single Judge’s order, and allowed the appeal, emphasizing the principles of delay and latches in judicial proceedings – The Court reasoned that the writ petitioner’s delay in asserting rights and acquiescence to the Corporation’s actions warranted dismissal of the writ petition – The Court cited precedents stating that delay defeats equity and that the High Court may refuse to exercise its extraordinary powers if there is negligence or omission on the part of the applicant – The appeal was allowed, and the writ petition was dismissed on the grounds of delay and latches, with no order as to costs.

Apr 27, 2024 sclaw