Supreme Court of India Judgements

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

Month: October 2022

Accident

Motor Vehicles Act, 1988 – Sections 166 and 168 – Death in accident – Enhancement of compensation – While awarding the loss of dependency, the High Court has not awarded/considered the future prospects at all – also erred in reducing the interest from 9% p.a. to 6% p.a. entitled to 7.5 per cent interest p a.

Oct 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SARUP SINGH @ RAM SARUP — Appellant Vs. HDFC ERGO GENERAL INSURANCE COMPANY LTD. AND ORS. — Respondent ( Before : M.R. Shah and…

Land Acquisition

Land Acquisition Act, 1894 – Section 4 – Acquisition of land – Determination of compensation – Most of the sale deeds relied upon by the landowners are much prior to the date of Section 4 notification (ranging between 1992 to 1994) – Original landowners/claimants shall be entitled to the compensation considering the market value of the acquired land at Rs. 1,000/- per square yard.

Oct 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RADHEY SHAM — Appellant Vs. THE STATE OF HARYANA AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil…

Rent State Laws

Madhya Pradesh Accommodation Control Act, 1961 – Section 13(6) – Striking off defence – Defence was struck off on non-deposit/payment of the balance amount of GST, which is now deposited – same deposited – striking off the defence of the appellant is quashed and the appellant is permitted to defend the eviction suit/suit

Oct 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. FASHION WORLD — Appellant Vs. BANSHIDHAR MULTI BUILDERS PVT. LTD. — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil…

Cr P C I P C

(IPC) – Section 499 – Defamation – Private Complaint by Minister/Public Servant – essential ingredient of Section 499 is that the imputation made by the accused should have the potential to harm the reputation of the person against whom the imputation is made – HELD statements such as “I will expose you”, “I will expose your corrupt practices” and “I will expose the scam in which you are involved, etc.” are not by themselves defamatory unless there is something more.

Oct 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANOJ KUMAR TIWARI — Appellant Vs. MANISH SISODIA AND OTHERS — Respondent ( Before : S. Abdul Nazeer and V. Ramasubramanian, JJ. ) Criminal…

Specific Performance

Suit for specific performance of agreement to sell – Limitation had started running from the date the respondent noticed that the performance was refused by the appellant and not from the date of the execution of agreement in question – the compliance of “readiness and willingness” has to be in spirit and substance and not in letter and form, while making averments in the plaint. As per the Explanation (i) to Section 16(c), Specific Relief Act, 1963 – he need not tender to the defendant or deposit the amount in the court, but he must aver performance of, or readiness and willingness to perform the contract according to its true construction.

Oct 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH P. DAIVASIGAMANI — Appellant Vs. S. S AMBANDAN — Respondent ( Before : Sanjiv Khanna and Bela M. Trivedi, JJ. ) Civil Appeal No.…

Cr P C I P C

Sections 409, 467, 468 and 420 of the Indian Penal Code, 1860 – Further investigations – misappropriation of stocks worth Rs. 16,99,648/- – HELD entire matter is left open for examination by the investigating agency, by the sanctioning authority, and by the Court concerned at the relevant stage and in accordance with law.

Oct 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DEVENDRA NATH SINGH — Appellant Vs. STATE OF BIHAR AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Aniruddha Bose, JJ. ) Criminal…

State Laws

West Bengal Co-operative Societies Act, 1940 West Bengal Co-operative Societies Act, 2006 – Appellant Society to proceed further with its project of redevelopment in accordance with the resolutions passed by the General Body from time to time. It is needless to clarify that the first priority should be given to demolish the entire building as the same is in a dilapidated condition.

Oct 16, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH THE BENGAL SECRETARIAT COOPERATIVE LAND MORTGAGE BANK AND HOUSING SOCIETY LTD. — Appellant Vs. SRI ALOKE KUMAR AND ANOTHER — Respondent ( Before :…

I P C Murder

Sections 498-A, 302 and 120-B IPC – falsehood cooked up by the witnesses (regarding illness and hospitalisation of the victim) and readily accepted by the appellant coupled with the undischarged burden of Section 106 of the Evidence Act provide such strong links in this matter that the chain of circumstances is complete, leading to the conclusion on the guilt of the appellant beyond any doubt.

Oct 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MD. ANOWAR HUSSAIN — Appellant Vs. STATE OF ASSAM — Respondent ( Before : Dinesh Maheshwari and Aniruddha Bose, JJ. ) Criminal Appeal No.…

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