August 2022 - Supreme Court of India Judgements

April 20, 2024 10:21 am

Inter-departmental communication cannot be treated to be a letter of allotment – Even if it is considered to be a letter of allotment, the writ petitioner-wife of the ex-serviceman, who died in July 1998 could not claim possession on the basis of such communication after more than 30 years in terms of the Rules applicable for allotment of land to the disabled ex-servicemen.

Aug 31, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH MAHADEO AND OTHERS — Appellant SMT. SOVAN DEVI AND OTHERS — Respondent ( Before : Hemant Gupta and Vikram Nath, JJ. ) Civil Appeal…

Acquittal Narcotics

(NDPS) – Section 54 of the Act raises a presumption and the burden shifts on the accused to explain as to how he came into possession of the contraband – But to raise the presumption under Section 54 of the Act, it must first be established that a recovery was made from the accused.

Aug 31, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SANJEET KUMAR SINGH @ MUNNA KUMAR SINGH — Appellant Vs. STATE OF CHHATTISGARH — Respondent ( Before : Indira Banerjee and V. Ramasubramanian, JJ.…

Cheque Dishonour

The presumption which arises on the signing of the cheque cannot be rebutted merely by the report of a hand-writing expert. Even if the details in the cheque have not been filled up by drawer but by another person, this is not relevant to the defense

Aug 30, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH ORIENTAL BANK OF COMMERCE — Appellant Vs. PRABODH KUMAR TEWARI — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A S Bopanna, JJ.…

Service

Maternity Benefit Act, 1961 – Section 5(1) – Sub-section (1) of Section 5 confers an entitlement on a woman to the payment of maternity benefits at a stipulated rate for the period of her actual absence beginning from the period immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day.

Aug 30, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH DEEPIKA SINGH — Appellant Vs. CENTRAL ADMINISTRATIVE TRIBUNAL AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A S Bopanna, JJ.…

I P C

(IPC) – Ss 405, 415 and 420 – The offence of criminal breach of trust contains two ingredients: (i) entrusting any person with property, or with any dominion over property; and (ii) the person entrusted dishonestly misappropriates or converts to his own use that property to the detriment of the person who entrusted it.

Aug 30, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH M N G BHARATEESH REDDY — Appellant Vs. RAMESH RANGANATHAN AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A S…

Arbitration

All disputes between the parties to the lease with regard to renewal and/or non-renewal, the period of renewal and the quantum of rent would have be decided by the Arbitrator – Dispute arising out of non-renewal of the lease is clearly arbitrable

Aug 30, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH BRIJ RAJ OBEROI — Appellant Vs. THE SECRETARY, TOURISM AND CIVIL AVIATION DEPARTMENT AND ANOTHER — Respondent ( Before : Indira Banerjee and C.…

C P C

A judgment can be open to review if there is a mistake or an error apparent on the face of the record, but an error that has to be detected by a process of reasoning, cannot be described as an error apparent on the face of the record for the Court to exercise its powers of review under Order XLVII Rule 1 CPC

Aug 30, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH S. MADHUSUDHAN REDDY — Appellant Vs. V. NARAYANA REDDY AND OTHERS — Respondent ( Before : N.V. Ramana, CJI., Krishna Murari and Hima Kohli,…

Direct Taxation

Income Tax Act, 1961 – Section 127 – Power to transfer cases – Even if the case or cases of an assessee are transferred in exercise of power under Section 127 of the Act, the High Court within whose jurisdiction the Assessing Officer has passed the order, shall continue to exercise the jurisdiction of appeal

Aug 30, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH PR. COMMISSIONER OF INCOME TAX – I, CHANDIGARH — Appellant Vs. M/S. ABC PAPERS LIMITED — Respondent ( Before : Uday Umesh Lalit, S.…

Specific Performance

HELD by accepting the alternate relief claimed by the plaintiff of refund of the advance amount along with the interest @ 12% per annum. The High Court found suspicious circumstances and doubtful situations being raised by both the sides. The reasons given by the High Court as contained in paragraph 40, in our opinion, were sufficient to arrive at a conclusion of not awarding the relief of specific performance of contract

Aug 30, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH AYILLYATH YADUNATH NAMBIAR — Appellant Vs. P. SREEDHARAN — Respondent ( Before : Hemant Gupta and Vikram Nath, JJ. ) Civil Appeal No(s). 4943…

Service

Prescription of pay scales and incentives are a matter of decision taken by the government which, when based upon the recommendation of an expert body like the Central Pay Commission, should carry weight and the courts should be reluctant to substitute the policy with their own views on what would be more equitable and just.

Aug 30, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA AND OTHERS — Appellant Vs. EX. HC/GD VIRENDER SINGH — Respondent ( Before : Sanjiv Khanna and Bela M. Trivedi, JJ.…

You missed

Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw

Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw

I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw

Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw

Month: August 2022

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