Supreme Court of India Judgements

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

Month: March 2023

Compassionate Appointment

HELD there was no policy existing to govern compassionate appointment to posts under local authorities in the State of West Bengal and hence, in the absence of such a policy, compassionate appointment cannot be granted; second, assuming that there was such a policy, it would be of no redeeming purpose to direct that the applications for appointment on compassionate grounds be considered and decided several years after they were filed.

Mar 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF WEST BENGAL — Appellant Vs. DEBABRATA TIWARI AND OTHERS ETC. ETC. — Respondent ( Before : Krishna Murari and B.V. Nagarathna,…

Constitution

HELD misused/used the solvency certificate dated 07.12.2017 for his own benefit illegally and submitted the same along with his bid and on the basis of the said solvency certificate he got the lease bid. Under the circumstances, the bid by using the solvency certificate dated 07.12.2017 by respondent no.1 was non-est and void ab initio and therefore, the lease in his favour on the basis of such solvency certificate was rightly cancelled by the Collector.

Mar 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DEBIDUTTA MOHANTY — Appellant Vs. RANJAN KUMAR PATTNAIK AND OTHERS — Respondent ( Before : M. R. Shah and B.V. Nagarathna, JJ. ) Civil…

Constitution Consumer

A person having bachelor’s degree from a recognized University and who is a person of ability, integrity and standing, and having special knowledge and professional experience of not less than 10 years in consumer affairs, law, public affairs, administration, economics, commerce, industry, finance, management, engineering, technology, public health or medicine, shall be treated as qualified for appointment of President and Members of the State Commission

Mar 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE SECRETARY MINISTRY OF CONSUMER AFFAIRS — Appellant Vs. DR. MAHINDRA BHASKAR LIMAYE AND OTHERS — Respondent ( Before : M. R. Shah and…

Constitution

Adani Group-Hindenburg Research – In order to protect Indian investors against volatility of the kind which has been witnessed in the recent past – It is appropriate to constitute an Expert Committee for the assessment of the extant regulatory framework and for making recommendations to strengthen it – This Court hereby constitute a committee consisting of the members.

Mar 7, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH VISHAL TIWARI — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI, Pamidighantam Sri. Narasimha and…

C P C

(CPC) – Section 20, Order VII Rule 10 and Order VII Rule 11 – Court cannot lose sight of the ground reality that in most of the civil disputes, half the battle is won through interim orders and do not think that the court should be a party to the practice of allowing a litigant to use one court for the purpose of temporary reliefs and another court for permanent reliefs

Mar 5, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH FUTURE SECTOR LAND DEVELOPERS LLP AND ANOTHER — Appellant Vs. BAGMANE DEVELOPERS PRIVATE LIMITED AND OTHERS ETC. — Respondent ( Before : V. Ramasubramanian…

Constitution

Appointment to the posts of Chief Election Commissioner and the Election Commissioners are concerned, the same shall be done by the President of India on the basis of the advice tendered by a Committee consisting of the Prime Minister of India, the Leader of the Opposition in the Lok Sabha and, in case, there is no such Leader, the Leader of the largest Party in the Opposition in the Lok Sabha having the largest numerical strength, and the Chief Justice of India.

Mar 5, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH ANOOP BARANWAL — Appellant Vs. UNION OF INDIA — Respondent ( Before : K.M. Joseph, Aniruddha Bose, Hrishikesh Roy, C.T. Ravikumar and Ajay Rastogi,…

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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