Supreme Court of India Judgements

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Month: February 2023

Limitation

Limitation Act, 1963 – Articles 58 and 72 – Suit for declaration – Trial Court held that the suit was barred by limitation considering Articles 58 and 72 of the Limitation Act and when the same was confirmed by the First Appellate Court, the High Court ought not to have interfered with the said findings of facts in exercise of powers under Section 100 of the CPC.

Feb 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF HIMACHAL PRADESH AND OTHERS — Appellant Vs. CHANDERVIR SINGH NEGI — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…

Land Acquisition

Twin conditions – For lapse under Section 24(2) of the Act, 2013, twin conditions, namely, (i) the possession is not taken and (ii) the compensation is not tendered/paid are to be satisfied and if one of the conditions is not satisfied there shall not be any lapse or deemed lapse under the Act, 2013.

Feb 28, 2023 sclaw

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

Land Acquisition

Applying the law laid down by this Court in the case of Indore Development Authority to the facts of the case on hand, the High Court has materially erred in declaring that the acquisition proceedings with respect to the entire land i.e., 15 bigha 18 biswa are deemed to have lapsed is unsustainable – Appeal allowed

Feb 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH LAND ACQUISITION COLLECTOR — Appellant Vs. JAI PRAKASH TYAGI AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil…

Land Acquisition

Land Acquisition Act, 1894 – Sections 4 and 6 – when the entire acquisition proceedings have been concluded including declaration of the award, passing of the award and the payment of the compensation, the acquisition with respect to the said land which is required for widening of the road ought not to have been quashed

Feb 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF HARYANA AND OTHERS — Appellant Vs. NIRANJAN SINGH AND OTHERS ETC. — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ.…

C P C

AIADMK internal conflict – The logic and reasoning of the Division Bench of the High Court stand in accord with law as also the facts of the present case – The facts of the case make it abundantly clear that so far as convening of the meeting is concerned, the same had never been in doubt or in any dispute – The said meeting was indeed convened by the Co-ordinator and Joint Co-ordinator jointly — When Coordinator and Joint Co-ordinator were shown to be not functioning jointly (for whatsoever reason), a functional deadlock came into existence for the party and a workable solution was required to be found

Feb 26, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THIRU K. PALANISWAMY — Appellant Vs. M. SHANMUGAM AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Hrishikesh Roy, JJ. ) Civil Appeal…

Corruption

Odisha Lokayukta Act, 2014 – Section 20(1) – Provisions relating to complaints and preliminary inquiry and investigation – there was no element of bias in conducting a preliminary inquiry in the instant case and the objection raised by the respondents stands overruled – Appeal Allowed.

Feb 26, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH OFFICE OF THE ODISHA LOKAYUKTA — Appellant Vs. DR. PRADEEP KUMAR PANIGRAHI AND OTHERS — Respondent ( Before : Ajay Rastogi and Bela M.…

I P C

Penal Code, 1860 – S 302 – Evidence Act, 1872 – Section 106 – Murder of her five-year-old child – If the accused does not offer an explanation under Section 106 and there is corroborative evidence establishing a chain of circumstances leading to the conclusion of guilt, the accused could be convicted on that basis

Feb 26, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VAHITHA — Appellant Vs. STATE OF TAMIL NADU — Respondent ( Before : Dinesh Maheshwari and Bela M. Trivedi, JJ. ) Criminal Appeal No.…

You missed

Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw
Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw