Supreme Court of India Judgements

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Month: September 2022

Cr P C

Cr P C Section 406 – ‘Whether the criminal cases pending before different Trial Courts in four States can be transferred to one Trial Court in one State?; Whether transfer of case of one of the criminal case which is at the final stage of trial before concerned Court in Nagpur, can be directed to be transferred at such belated stage?’ HELD that to meet the ends of justice and fair trial, the transfer petitions deserve to be allowed.

Sep 13, 2022 sclaw

SUPREME COURT OF INDIA SINGLE BENCH KETAN KANTILAL SETH — Appellant Vs. STATE OF GUJARAT AND OTHERS — Respondent ( Before : J.K. Maheshwari, J. ) Transfer Petition (Criminal) Nos.…

Consumer

Medical negligence – Reduction of compensation – Wrong diagnosis and wrong treatment, which led to rashes on the body of the complainant-girl – so as to do the substantial justice to the complainant – If the amount of compensation is enhanced to a total sum of Rs. 4 lakhs (instead of Rs. 1 lakh awarded by the District Forum), the same shall meet the ends of justice.

Sep 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH CHANDIGARH NURSING HOME AND ANOTHER — Appellant Vs. SUKHDEEP KAUR — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Civil Appeal…

Bail Declined Murder

Cancellation of bail – Grounds on which the said co-­accused was released on bail and the grounds on which the present respondent is released on bail are same – Once the bail in favour of co­-accused has been cancelled by this Court, the bail in the present case also requires to be cancelled – Bail cancelled.

Sep 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH JOSEPH JOHNSON N. MAITHKURI — Appellant Vs. SUBRAHMANYA AND ANOTHER — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Criminal Appeal…

Juvenile Justice

Constitution of India, 1950 – Article 136 – Juvenile Justice (Care and Protection of Children) Act, 2000 – Section 7A – Plea of juvenility could be raised in any court, at any stage even after the final disposal of the Special Leave Petition under Article 136 of the Constitution. If two views possible on evidence then view holding accused to be juvenile be favoured in borderline cases.

Sep 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH VINOD KATARA — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : Dinesh Maheshwari and J.B. Pardiwala, JJ. ) Writ Petition (Criminal)…

Constitution

HELD After a body has been buried, it is considered to be in the custody of the law; therefore, disinterment is not a matter of right. The law does not favour disinterment, based on the public policy that the sanctity of the grave should be maintained. Once buried, a body should not be disturbed.

Sep 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH MOHAMMAD LATIEF MAGREY — Appellant Vs. THE UNION TERRITORY OF JAMMU AND KASHMIR AND OTHERS — Respondent ( Before : Surya Kant and J.B.…

Land Acquisition

Land Acquisition Case – In a democratic society governed by the rule of law, the rights of an individual carry immense importance and are the foundational blocks on which our legal, social, and political milieu thrives – Under no circumstances should the rights of individual citizens be trodden upon arbitrarily and any curtailment of them must be scrutinized with utmost care.

Sep 12, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH DR. ABRAHAM PATANI OF MUMBAI AND ANOTHER — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Surya Kant and…

Compassionate Appointment

Constitution of India, 1950 – Article 14 – An appointment to the heirs of the employees on their retirement and/or superannuation shall be contrary to the object and purpose of appointment on compassionate grounds and is hit by Article 14 of the Constitution of India.

Sep 12, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH AHMEDNAGAR MAHANAGAR PALIKA — Appellant Vs. AHMEDNAGAR MAHANAGAR PALIKA KAMGAR UNION — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

Bail Granted

IPC Sections 376(2)(n) and 506 – Going by the allegations made in the First Information Report that the incident in question had occurred five months before the First Information Report was lodged and the attending circumstances, in our view, the case of anticipatory bail is made out.

Sep 12, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH BEERBAL PRASAD RAJORIYA — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Uday Umesh Lalit, CJI. and S. Ravindra Bhat, JJ.…

Corruption

Prevention of Corruption Act, 1988 – Section 13(2) read with 13(1)(e) – It is for the accused to account satisfactorily for the money/assets in his hands – Onus in this regard is on the accused to give satisfactory explanation – Accused cannot make an attempt to discharge this onus upon him at the stage of Section 239 of the CrPC. State appeal allowed.

Sep 12, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH STATE THROUGH DEPUTY SUPERINTENDENT OF POLICE — Appellant Vs. R. SOUNDIRARASU ETC. — Respondent ( Before : Dinesh Maheshwari and J.B. Pardiwala, JJ. )…

You missed

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