Supreme Court of India Judgements

46670 Judgements hosted as on 9/12/2024 - Search (FREE), Subscribe, Read & Download

Month: March 2023

I B C

I B C, 2016 – S 12A – application under section 12A for withdrawal cannot be said to be kept pending for constitution of CoC, even where such application was filed before constitution of CoC HELD substituted Regulation 30A of IBC as it stands clearly provided for withdrawal applications being entertained before constitution of CoC – It does not in any way conflicts or is in violation of section 12A of IBC.

Mar 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ABHISHEK SINGH — Appellant Vs. HUHTAMAKI PPL LIMITED AND ANOTHER — Respondent ( Before : B.R. Gavai and Vikram Nath, JJ. ) Civil Appeal…

Acquittal

(IPC) – Ss 302 & 149 – Murder – Acquittal – scribe of FIR not examined – PW-1 stated that she had no knowledge of the contents of the FIR -Death was homicidal but not convinced that the prosecution has established the case beyond reasonable doubt against the accused appellants – Conviction and sentence are set aside

Mar 30, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH PULEN PHUKAN AND OTHERS — Appellant Vs. THE STATE OF ASSAM — Respondent ( Before : B.R. Gavai, Vikram Nath and Sanjay Karol, JJ.…

Accident I P C

(IPC) – Ss 279 and 304A – Causing death by negligence – driving the Scorpio in rash and negligent manner due to which one innocent person lost his life and two persons who were travelling in the ambulance sustained the injuries – Orders passed by the H C reducing the sentence while maintaining the conviction for the offence under Section 304A of IPC from two years RI to eight months SI quashed and set aside – Appeal allowed.

Mar 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF PUNJAB — Appellant Vs. DIL BAHADUR — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Criminal Appeal No. 844…

Bail Declined Narcotics

(NDPS) – Ss 8, 20, 27-A, 29, 32 and 37 – Recovery of ganja – no person accused of an offence involving trade in commercial quantity of narcotics is liable to be released on bail unless the court is satisfied that there are reasonable grounds for believing that he is not guilty of such an offence and that he is not likely to commit any offence while on bail – Bail cancelled.

Mar 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant Vs. AJAY KUMAR SINGH @ PAPPU — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Criminal…

I P C

Rape and Murder – where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed­term sentence by directing that a life sentence, as contemplated by “secondly” in Section 53 of the IPC, shall be of a fixed period of more than fourteen years, for example, of twenty years, thirty years and so on

Mar 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHIVA KUMAR @ SHIVA @ SHIVAMURTHY — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ.…

Service Matters
Service

General Reserve Engineer Force Group ‘C’ and Group ‘D’ Recruitment Rules, 1982 – Promotion to post of Superintendent BR Grade-I and Assistant Engineer -denial of promotion is on the ground that candidates do not possess the prescribed requisite qualification namely “Diploma in Civil Engineering” and “Diploma in DED” possessed by them is not as prescribed under the Rules – Appeal dismissed

Mar 30, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH UNNIKRISHNAN CV AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, Manoj Misra and Aravind…

Service Matters
Service

Jammu and Kashmir Subordinate Services Recruitment Rules, 1992 – Rule 9 – Appointment of drug inspectors – A doctor by profession with a Post Graduate degree (MD) and Ph.D. in Pharmacology was in any way cannot underqualified or unsuitable for her role on the Selection Board – But, a pharmacologist is more appropriate to interview the candidates for the post of drug inspector

Mar 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH TAJVIR SINGH SODHI AND OTHERS — Appellant Vs. THE STATE OF JAMMU AND KASHMIR AND OTHERS — Respondent ( Before : K.M. Joseph and…

Bail Granted Narcotics

(CrPC) – Ss 436A and 439 – NDPS S 20, 25, 29 and 37 – Bail – Possession of 180 kilograms of ganja – Grant of bail on ground of undue delay in trial, cannot be said to be fettered by Section 37 of the Act, given the imperative of Section 436A which is applicable to offences under the NDPS Act too – Where the accused belongs to the weakest economic strata

Mar 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOHD MUSLIM @ HUSSAIN — Appellant Vs. STATE (NCT OF DELHI) — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta, JJ. )…

Banking Consumer

Consumer Protection Act, 1986 – Section 2(i)(g) – proceedings before the Commission being summary in nature, the complaints involving highly disputed questions of facts or the cases involving tortious acts or criminality like fraud or cheating, could not be decided by the Forum/Commission HELD burden of proving the deficiency in service would always be upon the person alleging it.

Mar 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE CHAIRMAN & MANAGING DIRECTOR, CITY UNION BANK LIMITED AND ANOTHER — Appellant Vs. R. CHANDRAMOHAN — Respondent ( Before : Ajay Rastogi and…

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