Supreme Court of India Judgements

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Month: March 2023

Service Matters
Service

Central Civil Services (Pension) Rules, 1972 – Rule 13 – the services rendered on a substantive post or services rendered as officiating or temporary service shall be treated as qualifying service – Service rendered as casual/contractual cannot be said to be officiating or temporary service HELD Service rendered as casual/contractual cannot be said to be service rendered on a substantive appointment.

Mar 26, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DIRECTOR GENERAL, DOORDARSHAN PRASAR BHARTI CORPORATION OF INDIA AND ANOTHER — Appellant Vs. SMT. MAGI H DESAI — Respondent ( Before : M.R. Shah…

Constitution

Determination of correctness of a caste or tribe claim – Affinity test is not a litmus test – While referring the case to Vigilance Cell, the Scrutiny Committee must record brief reasons for coming to the conclusion that it is not satisfied with the material produced by the applicant – Only after a case is referred to the Vigilance Cell for making enquiry, an occasion for the conduct of affinity test will arise.

Mar 26, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, Abhay…

Property Matters

HELD on the principle of restitution to the facts of the case on hand, SCOI is of the opinion that this is a fit case to apply the principle of actus curiae neminem gravabit and the principle of restitution and to direct Shri Naresh Kempanna and Col. Mohinder Khaira to return the amount and deposit the same with this Court with 9% interest from the date on which the payment is received by them.

Mar 26, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHUPINDER SINGH — Appellant Vs. UNITECH LIMITED — Respondent ( Before : Dr. D.Y. Chandrachud, CJI. and M.R. Shah, JJ. ) I.A. Nos. 88960…

Service Matters
Service

HELD Resignation can become effective either by stipulation of law or by acceptance thereof — examining in this judgment is legality of an order by which the respondents plea for withdrawal of resignation was rejected on grounds spelt out in the order itself. The Tribunal and the High Court found the reasoning of the appellant unsustainable.

Mar 26, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE GOVT. OF NCT OF DELHI AND OTHERS — Appellant Vs. KAMLESH RANI BHATLA — Respondent ( Before : Aniruddha Bose and Krishna Murari,…

Acquittal

Indian Evidence Act, 1872 Section 113B – no eye-witness to the crime – Presumption – nothing specific has been stated by the complainant to bring home the guilt of the appellant for raising presumption as contained in Section 304B IPC read with Section 113B of the Evidence Act. In cross-examination, stated that he had seen his sister 4/5 months before her death – Appeal allowed.

Mar 26, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MUNSHI — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Criminal Appeal No.…

I P C

Unlawful Activities (Prevention) Act, 1967 – Section 10(a)(i) – Terrorists and Disruptive Activities (Prevention) Act, 1987 – Section 3(5) – Mere membership of a banned association is sufficient to constitute an offence under the Unlawful Activities (Prevention) Act 1967 or Terrorism and Disruptive Activities (Prevention) Act, 1987

Mar 25, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH ARUP BHUYAN — Appellant Vs. STATE OF ASSAM AND ANOTHER — Respondent ( Before : M.R. Shah, C.T. Ravikumar and Sanjay Karol, JJ. )…

Constitution

Plea by Supreme Court Bar Association (SCBA) seeking land for construction of chamber block for lawyers – These are matters which cannot be resolved by the application of judicial standards and have to be taken up on the administrative side of the Supreme Court – Administrative functioning and decision-making, which the current issue requires, cannot be moved to the judicial side – Writ petitions disposed of

Mar 25, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH SUPREME COURT BAR ASSOCIATION — Appellant Vs. MINISTRY OF URBAN DEVELOPMENT AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., Sanjay…

Acquittal

Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 1988 – Order restricts unauthorised possession of gas cylinders – HELD officer or the Department of Food and Civil Supplies of the Government, not below the rank of an Inspector authorised by such Government – It nowhere prescribes that a Sub-Inspector of the Police can take action – Appeal allowed.

Mar 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AVTAR SINGH AND ANOTHER — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Criminal…

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