Supreme Court of India Judgements

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

Month: August 2022

Land Acquisition

Compensation – Lapse of acquisition proceedings – There is no lapse of acquisition proceedings under Section 24(2) of the 2013 Act, the land which has stood vested with continues to do – Also, there is no question of payment of any compensation in respect of the suit land as per the Act, 2013 –

Aug 30, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. SUBHASH CHANDER SEHGAL AND OTHERS — Respondent ( Before : M. R. Shah and B.V. Nagarathna,…

Constitution

Constitution of India, 1950 – Article 145(3) – Matter Referred to 5-Judge Bench – Constitutional questions relating to interpretation of Schedule X of the Constitution pertaining to disqualification, as well as the powers of the Speaker and the Governor and the power of judicial review thereo

Aug 30, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH SUBHASH DESAI — Appellant Vs. PRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA AND OTHERS — Respondent ( Before : N.V. Ramana, CJI., Krishna Murari and Hima…

C P C

Appeals from original decrees – A person who is affected by a judgment but is not a party to the suit, can prefer an appeal with the leave of the Court – Sine qua non for filing an appeal by a third party is that he must have been affected by reason of the judgment and decree which is sought to be impugned.

Aug 29, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH MY PALACE MUTUALLY AIDED CO­OPERATIVE SOCIETY — Appellant Vs. B. MAHESH AND OTHERS — Respondent ( Before : N. V. Ramana, CJI., Krishna Murari…

Constitution

Prohibition of benami transactions – Section 3(2) of the unamended 1988 Act is declared as unconstitutional for being manifestly arbitrary – Accordingly, Section 3(2) of the Benami Transactions (Prohibition) Amendment Act, 2016 is also unconstitutional as it is violative of Article 20(1) of the Constitution – Section 3 (criminal provision) read with Section 2(a) and Section 5 (confiscation proceedings) of the 1988 Act are overly broad, disproportionately harsh, and operate without adequate safeguards in place. Such provisions were still-born law and never utilized in the first place – In this light, this Court finds that Sections 3 and 5 of the 1988 Act were unconstitutional from their inception

Aug 29, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. M/S. GANPATI DEALCOM PVT. LTD. — Respondent ( Before : N.V. Ramana, CJI., Krishna Murari and…

Banking

Foreign Exchange Regulation Act, 1973 Section 6 – HELD under Rules, the Banks are required to preserve the record for five years and eight years respectively. On this ground also, permitting the show cause notices and the proceedings continued thereunder of the transactions which have taken place much prior to eight years would be unfair and unreasonable. No order in writting of RBI produced for maintaining record for longer time period

Aug 29, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. CITI BANK, N.A. — Respondent ( Before : B.R. Gavai and Pamidighantam Sri Narasimha, JJ. )…

Acquittal

Penal Code, 1860 (IPC) – Section 302 – Murder by giving poisoning – Reports of Chemical Examiner – Samples were not handed over to the Assistant Chemical Examiner who had to conduct the analysis in a sealed form – Cutting, and a fresh note regarding parcels being open also creates a doubt – Chances of tampering with the samples could not be ruled out – Appeal allowed.

Aug 29, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH RAJBIR SINGH — Appellant Vs. THE STATE OF PUNJAB — Respondent ( Before : Hemant Gupta and Vikram Nath, JJ. ) Criminal Appeal No.…

Service Matters
Service

Constitution of India, 1950 – Article 226 – Power of High Courts to issue certain writs the actions or decisions taken solely within the confines of an ordinary contract of service, having no statutory force or – backing, cannot be recognised as being amenable to challenge under Article 226 of the Constitution

Aug 29, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH ST. MARY’S EDUCATION SOCIETY AND ANOTHER — Appellant Vs. RAJENDRA PRASAD BHARGAVA AND OTHERS — Respondent ( Before : Aniruddha Bose and J.B. Pardiwala,…

State Laws

Maharashtra Control of Organized Crime Act 1999 – Section 2(1)(d) – Illegal gambling – Organized crime – It is settled law that more than one charge sheet is required to be filed in respect of the organized crime syndicate and not in respect of each person who is alleged to be a member of such a syndicate.

Aug 29, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH ZAKIR ABDUL MIRAJKAR — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Surya Kant,…

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Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw