Supreme Court of India Judgements

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Month: April 2023

Service Matters
Service

By the very nature of the science that they practice and with the advancement of science and modern medical technology, the emergency duty that Allopathy doctors are capable of performing and the trauma care that they are capable of providing, cannot be performed by Ayurved doctors – both categories of doctors are certainly not performing equal work to be entitled to equal pay

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF GUJARAT AND OTHERS ETC. — Appellant Vs. DR. P. A. BHATT AND OTHERS ETC. — Respondent ( Before : V. Ramasubramanian and…

Bail Granted Constitution Cr P C

Right of default bail under Section 167(2) of the CrPC is not merely a statutory right, but a fundamental right that flows from Article 21 of the Constitution of India – During the pendency of the investigation, supplementary chargesheets were filed by the Investigation Agency just before the expiry of 60 days – Interim order of bail is upheld.

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RITU CHHABARIA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Krishna Murari and C. T. Ravikumar, JJ. ) Writ…

Corporate Stamp Act

HELD in the nature of the transaction, and what was actually sold by the Official Liquidator, plant and machinery, such as would answer the description of immovable property, must also be found part of the property for the purpose of the stamp duty and other charges as per law.

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE SUB REGISTRAR, AMUDALAVALASA AND ANOTHER — Appellant Vs. M/S DANKUNI STEELS LTD. AND OTHERS — Respondent ( Before : K.M. Joseph and Hrishikesh…

Acquittal Narcotics

N D P S Act, 1985 – Section 8(c) read with Sections 21(c), 27A, 28 and Section 29 – Evidence Act, 1872 – Section 25 – Confessional statements were made by the accused to an police officer empowered under Section 53 of the NDPS Act and hence, bar of Section 25 of the Evidence Act, the confessional statements will have to be kept out of consideration – Prosecution has not proved beyond a reasonable doubt that the appellants

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BOTHILAL — Appellant Vs. THE INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Criminal…

Matrimonial

Hindu Marriage Act, 1955 – Section 13(1)(ia) – Divorce – Relationship must end as its continuation is causing cruelty on both the sides – Long separation and absence of cohabitation and the complete breakdown of all meaningful bonds and the existing bitterness between the two, has to be read as cruelty under Section 13(1) (ia) of the 1955 Act

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHRI RAKESH RAMAN — Appellant Vs. SMT. KAVITA — Respondent ( Before : Sudhanshu Dhulia and J. B. Pardiwala, JJ. ) Civil Appeal No.…

Acquittal Narcotics

NDPS – Appellant has been convicted merely on the ground that he was the registered owner of the truck – Primary error committed by the Courts below while convicting the Appellant is that the onus is sought to be shifted on him to prove his innocence without the foundational facts having been proved by the prosecution – Hence, the conviction of the Appellant cannot be legally sustained.

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARBHAJAN SINGH — Appellant Vs. STATE OF HARYANA — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, 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