Supreme Court of India Judgements

46420 Judgements hosted as on 27/04/2024 - Search (FREE), Subscribe, Read & Download

Month: January 2023

Land Acquisition

When the possession of the land in question was taken over by drawing the panchnama and preparing the possession proceedings and the same was handed over to the DDA and that the original writ petitioner was not the recorded owner and therefore there was no question of tendering any compensation to him

Jan 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. SHYAMO AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil Appeal No.…

Education

Education – with respect to wrong answer keys and thereafter when a conscious decision was taken to allocate the marks on pro-rata basis with respect to two questions whose answer keys were found to be wrong and when all the candidates were awarded two marks (one mark each for the two questions), it cannot be said that the Public Service Commission acted illegally and/or arbitrarily

Jan 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE ARUNACHAL PRADESH PUBLIC SERVICE COMMISSION AND ANOTHER — Appellant Vs. MISS HAGE MAMUNG AND OTHERS — Respondent ( Before : M.R. Shah and…

Labour Cases

Employees State Insurance Act, 1948 – Section 1(6) – Demand notice – Sub-section (6) of Section 1 therefore, shall be applicable even with respect to those establishments, established prior to 31.03.1989/20.10.1989 and the ESI Act shall be applicable irrespective of the number of persons employed or notwithstanding that the number of persons employed at any time falls below the limit specified by or under the ESI Act.

Jan 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE ESI CORPORATION — Appellant Vs. M/S. RADHIKA THEATRE — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil Appeal No.…

Constitution

To continue with the temporary acquisition for number of years would be arbitrary and can be said to be infringing the right to use the property guaranteed under Article 300A of the Constitution of India – Even to continue with the temporary acquisition for a longer period can be said to be unreasonable, infringing the rights of the landowners to deal with and/or use the land.

Jan 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANUBHAI SENDHABHAI BHARWAD AND ANOTHER — Appellant Vs. OIL AND NATURAL GAS CORPORATION LIMITED AND OTHERS — Respondent ( Before : M.R. Shah and…

Land Acquisition

The case of Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors., (2014) 3 SCC 183, which has been relied upon by the High Court while passing the impugned judgment and order has been specifically overruled by this Court in the Constitution Bench decision of this Court in the case of Indore Development Authority Vs. Manoharlal and Ors., (2020) 8 SCC 129 – HC orders set aside.

Jan 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF NCT OF DELHI — Appellant Vs. RATIRAM AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil…

Land Acquisition

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – twin conditions of not taking over of possession and not tendering/paying the compensation are to be satisfied and if one of the conditions is not satisfied, there shall not be any deemed lapse of acquisition.

Jan 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. NEM CHAND SHARMA AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil…

Land Acquisition

Once having obtained the stay against the dispossession and due to which the acquiring body / beneficiary could not have taken the possession, thereafter, it is not open for the landowner to contend that as the possession is not taken, he is entitled to the benefit of Section 24(2) of the Act, 2013.

Jan 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. DEWAN CHAND PRUTHI AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil…

Land Acquisition

HELD Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors., (2014) 3 SCC 183, overruled in Indore Development Authority Vs. Manoharlal and Ors., (2020) 8 SCC 129 – Impugned judgment and order passed by the High Court is unsustainable and the same deserves to be quashed and set aside and is accordingly quashed and set aside – Appeal allowed.

Jan 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GOVT. OF NCT OF DELHI AND ANOTHER — Appellant Vs. RATI RAM AND ANOTHER — Respondent ( Before : M.R. Shah and C.T. Ravikumar,…

You missed

Constitution Election Laws

EVM and VVPAT – Reliability – The petitioners challenged the reliability of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) systems, suspecting potential manipulation and demanding transparency in the voting process – The core issues revolved around the integrity of EVMs, the adequacy of VVPAT verification, and the fundamental right of voters to know their votes are correctly recorded and counted – Petitioner argued for a return to paper ballots, provision of VVPAT slips to voters, or 100% counting of VVPAT slips alongside electronic counts, citing concerns over EVM transparency and voter confidence – The Election Commission of India (ECI) defended the EVMs’ success in ensuring free, fair, and transparent elections, highlighting technological safeguards against tampering and the benefits over paper ballots – The Court upheld the current EVM and VVPAT system, dismissing the petitions and suggesting improvements for transparency without disrupting the ongoing electoral process – The Court relied on past precedents, the ECI’s robust procedures, and the absence of cogent material evidence against EVMs to reject the petitions – The judgment referenced constitutional provisions, electoral laws, and previous rulings to support the ECI’s position and the current electoral practices – The Supreme Court concluded that the EVMs and VVPAT systems are reliable, and the petitions were dismissed based on the lack of substantial evidence against the current electoral process.

Apr 27, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Sections 302, 304 and 34 – Acquittal – Benefit of Doubt – The Supreme Court acquitted the appellant, citing unreliable witness testimonies and lack of corroborative evidence – The Court’s reasoning focused on the credibility of the key witnesses and the absence of corroborative material to support the prosecution’s case – The legal reasoning included the principle of ‘falsus in uno, falsus in omnibus’ not being applicable in Indian jurisprudence – The conclusion was that the appellant deserved acquittal due to the benefit of doubt – The judicial opinion emphasized the quality of evidence over quantity in determining the truth.

Apr 27, 2024 sclaw
I P C

National Investigation Agency Act, 2008 – Section 22(3) – Penal Code, 1860 – Sections 121A, 122, 123, 124A and 120B – Unlawful Activities (Prevention) Act, 1967 – Sections 16, 18, 18B, 20, 38, 39 and 43D – The case involves the State of West Bengal appealing against a High Court judgment that quashed UAPA proceedings against the respondent due to jurisdiction issues – The Court reasoned that the Sessions Court had jurisdiction as per Section 22(3) of the NIA Act since the State had not constituted a Special Court – The Court discussed the modified application of Section 167 CrPC under Section 43D of UAPA and the definition of ‘Court’ under Section 2(1)(d) of UAPA. – The Supreme Court concluded that the City Sessions Court had the jurisdiction to pass the order adding UAPA offences and permitted the continuation of the trial.

Apr 27, 2024 sclaw
Constitution Tenders & Contracts

The Supreme Court set aside the Division Bench’s order, restored the Single Judge’s order, and allowed the appeal, emphasizing the principles of delay and latches in judicial proceedings – The Court reasoned that the writ petitioner’s delay in asserting rights and acquiescence to the Corporation’s actions warranted dismissal of the writ petition – The Court cited precedents stating that delay defeats equity and that the High Court may refuse to exercise its extraordinary powers if there is negligence or omission on the part of the applicant – The appeal was allowed, and the writ petition was dismissed on the grounds of delay and latches, with no order as to costs.

Apr 27, 2024 sclaw