Supreme Court of India Judgements

46660 Judgements hosted as on 19/11/2024 - Search (FREE), Subscribe, Read & Download

Month: September 2022

Constitution

Constitution of India, 1950 – Article 19(1)(g) – Right to establish an educational institution is a fundamental right under Article 19(1)(g) of the Constitution of India and reasonable restrictions on such a right can be imposed only by a law and not by an executive instruction – the validity of such instructionscan always be scrutinized on the touchstone of law.

Sep 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH PHARMACY COUNCIL OF INDIA — Appellant Vs. RAJEEV COLLEGE OF PHARMACY AND OTHERS — Respondent ( Before : B.R. Gavai and Pamidighantam Sri Narasimha,…

Corruption

Disproportionate income in the period between 1974 and 1988, FIR filed after twelve years the charge sheet after 7 years, application for discharge dismissed after decade, SLP decided after 6 years HELD superannuated from service in 2010 – now 72 years – Continuation of the prosecution, unjust – Discharge application allowed.

Sep 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH KANCHAN KUMAR — Appellant Vs. THE STATE OF BIHAR — Respondent ( Before : B.R. Gavai and Pamidighantam Sri Narasimha, JJ. ) Criminal Appeal…

Juvenile Justice

HELD It is evident from the report of the medical board that the first respondent was not a juvenile. The entire record which was sought to be relied upon by the first respondent in support of the plea of juvenility was fabricated. The High Court has erred in accepting the plea of juvenility.

Sep 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH XYZ — Appellant Vs. ABHISHEIK AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Hima Kohli, JJ. ) Criminal Appeal Nos…

Bail Declined

Murder – Bail – Cancellation of – As per the settled position of law, gravity and seriousness of the offence is a relevant consideration for the purpose of grant of bail – Role attributed to accused is catching hold of the deceased and the main role of causing injuries to the deceased is assigned to the co accused – Appeal allowed.

Sep 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH NITU KUMAR — Appellant Vs. GULVEER AND ANOTHER — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Criminal Appeal No. 1547…

C P C

(CPC) – Order 1 Rule 10 – Impleadment as party – Unless the court suo motu directs to join any other person not party to the suit for effective decree and/or for proper adjudication as per Order 1 Rule 10 CPC, nobody can be permitted to be impleaded as defendants against the wish of the plaintiffs.

Sep 19, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SUDHAMAYEE PATTNAIK AND OTHERS — Appellant Vs. BIBHU PRASAD SAHOO AND OTHERS — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. )…

Consumer

HELD we do not find that there was any fault, shortcoming or inadequacy in the quality, nature and manner of the performance on the terms and conditions on which allotment of the said apartment was offered to the appellants. Therefore, the appellants were not entitled to claim the refund of the consideration paid

Sep 19, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SUDHA AND OTHERS — Appellant Vs. JAIPRAKASH ASSOCIATES LIMITED — Respondent ( Before : Surya Kant and Abhay S. Oka, JJ. ) Civil Appeal…

You missed

Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw
Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw
Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw