Supreme Court of India Judgements

46550 Judgements hosted as on 16/07/2024 - 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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Tenders & Contracts

E-auction — Typographical error — e-auction for a manganese and iron ore block submitted a bid of 140.10% instead of its intended bid of 104.10% due to a typographical error — The court allowed the company’s appeal and ordered a fresh e-auction for the block — The company was also ordered to pay Rs 3 crore ($400,000) to the state as compensation for the delay caused by its error.

Jul 20, 2024 sclaw
Corporate

Drugs (Price Control) Order, 1995 — Paragraph 13 — Recovery of overcharged amount of drugs — Demand made by the National Pharmaceutical Pricing Authority (NPPA) to recover an overcharged amount for a Cloxacillin-based drug formulation called Roscilox — The Court found that the appellant’s admission of purchasing the drug directly from the manufacturer made it liable under Paragraph 13 of the Drugs (Price Control) Order, 1995 (DPCO) — The Court also rejected the appellant’s claim that it was only a ‘dealer’ and not a ‘distributor’ under the DPCO, as the definitions of these terms under the DPCO are not mutually exclusive — The Court further noted that the objective of the DPCO is to control the prices of medicinal drug formulations and ensure they are made available to the common man, and thus, the provision should not be subjected to a restricted or hidebound interpretation — Appeal Dismissed.

Jul 20, 2024 sclaw
I P C Matrimonial

Penal Code, 1860 (IPC) — Sections 498A, 323 and 504 — Dowry Prohibition Act, 1961 — Sections 3 and 4 — Irretrievable breakdown of marriage as a ground for divorce — The court recognized that irretrievable breakdown of marriage, where the parties have been living separately for a significant period and all efforts at reconciliation have failed, can be a valid ground for divorce — This expands the grounds for divorce beyond the traditional grounds mentioned in the Hindu Marriage Act, 1955.— One-time settlement as a mode of permanent alimony — The court allowed the parties to opt for a one-time settlement as a mode of permanent alimony, instead of periodic payments — This provides flexibility to the parties in resolving their financial obligations towards each other.

Jul 20, 2024 sclaw
Service

Bihar City Manager Cadre (Appointment and Service Conditions) Rules, 2014 — Rules 5 and 11 — The Supreme Court has dismissed appeals challenging the validity of a judgment by the Patna High Court, which allowed a candidate to be considered for appointment as a City Manager in Bihar — The candidate had scored to meet up the minimum qualifying marks of 32% — The court found that the minimum qualifying marks were only for the written test and not for the overall selection process — The court also rejected the appellants’ reliance on an executive order issued in 2007, stating that it was not applicable to the rules issued in 2014 — The court concluded that the candidate was eligible and qualified to be considered for appointment as she had met the minimum qualifying marks in the written test.

Jul 20, 2024 sclaw