Supreme Court of India Judgements

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Month: December 2022

Electricity Act

Electricity Act 2003 – Section 126 – Kerala Electricity Supply Code, 2014 – Regulation 153(15) – Consumers in excess of the connected load/contracted load would amount to unauthorised use of electricity under explanation (b) to Section 126(6) of the Act 2003 – Regulation 153(15) of the Code 2014 is declared to be invalid being inconsistent with the provision of Section 126 of the Act 2003.

Dec 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KERALA STATE ELECTRICITY BOARD AND OTHERS — Appellant Vs. THOMAS JOSEPH ALIAS THOMAS M. J. AND OTHERS — Respondent ( Before : Dinesh Maheshwari…

Cr P C

Quashing of criminal complaint – gap of more than four years between the initial investigation and the filing of the complaint, and even after lapse of substantial amount of time, no evidence has been provided to sustain the claims in the complaint – law, must always ensure that frivolous cases do not pervert the sacrosanct nature of the law – Criminal complaint quashed

Dec 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HASMUKHLAL D. VORA AND ANOTHER — Appellant Vs. THE STATE OF TAMIL NADU — Respondent ( Before : Krishna Murari and S. Ravindra Bhat,…

Cr P C

(CrPC) – Section 427 – there must be a specific direction or order by the court that the subsequent sentence to run concurrently with the previous sentence.rule is that where there are different transactions, different crime numbers and cases have been decided by the different judgments, concurrent sentence cannot be awarded under Section 427 Cr.P.C

Dec 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH IQRAM — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI. and Pamidighantam Sri…

Dying Declaration

Multiple dying declarations – in case the court comes to the conclusion that the dying declaration is true and reliable, has been recorded by a person at a time when the deceased was fit physically and mentally to make the declaration and it has not been made under any tutoring/duress/prompting; it can be the sole basis for recording conviction – In such an eventuality no corroboration is required

Dec 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJARAM — Appellant Vs. STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Sudhanshu Dhulia, JJ. ) Criminal…

Land Acquisition

HELD there may be an illegal residential colony , therefore, it cannot be believed that the respondent Nos. 1 and 2 original writ petitioners are in possession of the land in question and/or at the relevant time possession was not taken. Following (2020) 8 SCC 129 in case possession has been taken, compensation has not been paid then there is no lapse. Similarly, if compensation has been paid, possession has not been taken then there is no lapse. Writs dismissed

Dec 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GOVT OF NCT OF DELHI THROUGH SECRETARY, LAND AND BUILDING DEPARTMENT AND ANOTHER — Appellant Vs. RAM PRAKASH SEHRAWAT AND OTHERS — Respondent (…

Consumer

Deficiency in service – way the issue was addressed by the Max Life Insurance Corporation following the information conveyed does fail, in our opinion, the test of Reasonable Conduct. HELD acts of Max Life Insurance Corporation amount to a clear case of deficiency of service and a non-bonafide conduct by the Max Life Insurance Corporation

Dec 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GOKAL CHAND (D) THR. LRS. — Appellant Vs. AXIS BANK LTD. AND ANOTHER — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ.…

Tenders & Contracts

Slump Sale Agreement – liability of the purchaser for the dues relating to activities and operations of the unit for the period anterior to 17.7.2010, could not therefore have been fastened on the appellant HELD that the liabilities for the transactions made prior to the sale agreement, are to be borne by the seller, U.P State Sugar Corporation .

Dec 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH WAVE INDUSTRIES PVT. LTD. — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. )…

Service Matters
Service

Service Law – whether the seniority of direct recruits who were recruited in the recruitment process which commenced in the relevant recruitment year but ended thereafter, can be fixed by following rotation of quota by interspacing them with the direct recruits of the same recruitment year who were promoted earlier during the same year? Matter placed before 5 judge bench

Dec 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARIHARAN AND OTHERS — Appellant Vs. HARSH VARDHAN SINGH RAO AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Abhay S. Oka,…

Accident

Death case – Motor Accident – the actual income should be computed @ Rs. 1,50,000/- per annum. Applying 40% towards future prospects, the total annual income (Rs. 1,50,000 + Rs. 60,000) amounts to 2,10,000 – With a 1/4th deduction (4 dependents), the annual loss of dependency ( 2,10,000 – 52,500) would be Rs. 1,57,500 – Applying a multiplier of 16, total loss of dependency (i.e., Rs. 1,57,500 x 16) is Rs. Rs. 25,20,000 – Filial and parental consortium have to be increased – Each of the children, and the mother of the deceased, is entitled to Rs. 40,000/- – Thus, the total amount payable towards filial and parental consortium is Rs. 1,20,000/- – Appellants are entitled to Rs. 25,20,000/- towards loss of dependency; and the three appellants being the children and mother of the deceased, are entitled to Rs. 40,000/- each towards filial and parental consortium – Appeal allowed.

Dec 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARPREET KAUR AND OTHERS — Appellant Vs. MOHINDER YADAV AND OTHERS — Respondent ( Before : Krishna Murari and S. Ravindra Bhat, 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