Supreme Court of India Judgements

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Month: April 2023

Arbitration

Arbitration and Conciliation Act, 1996 – Section 11(6) – Reference to arbitration – Jurisdiction – While exercising jurisdiction under Section 11(6) of the Act, is not expected to act mechanically merely to deliver a purported dispute raised by an applicant at the doors of the chosen arbitrator – This is a case where the High Court should have exercised the prima facie test to screen and strike down the ex-facie meritless and dishonest litigation

Apr 11, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NTPC LIMITED — Appellant Vs. M/S SPML INFRA LIMITED — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI. and Pamidighantam Sri Narasimha, JJ.…

Direct Taxation

Income Tax Act 1961- Sections 132 and 153C – Section 153C has been amended by way of substitution whereby the words “belongs or belong to” have been substituted by the words “pertains or pertain to” – Amendment by substitution has the effect of wiping the earlier provision from the statute book and replacing it with the amended provision as if the unamended provision never existed.

Apr 8, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INCOME TAX OFFICER — Appellant Vs. VIKRAM SUJITKUMAR BHATIA — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal No.…

Rent

Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 – Section 30 -if landlord serves notice of demand against the higher rate and expresses his willingness to accept the rent, the tenant after receipt of notice is under an obligation to tender the rent at least at the rate admitted to him to the landlord and has got no right to straight away deposit the same under Section 30(1) of the Act.

Apr 8, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAN SINGH — Appellant Vs. SHAMIM AHMAD (DEAD) THR. LRS. — Respondent ( Before : Aniruddha Bose and Sudhanshu Dhulia, JJ. ) Civil Appeal…

C P C

Rule 3 of Order 17 of the CPC, also known as Or 17 R 3, gives courts the authority to proceed with a case even if one of the parties fails to provide evidence. This power can significantly limit the options for the losing party to seek justice, and is considered a drastic measure. Therefore, courts should exercise this power only in rare and exceptional situations.

Apr 2, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PREM KISHORE AND OTHERS — Appellant Vs. BRAHM PRAKASH AND OTHERS — Respondent ( Before : Sudhanshu Dhulia and J.B. Pardiwala, JJ. ) Civil…

I P C Murder

(IPC) – Sections 300-Exception 4, 302 read with Section 34 – Murder – Nature of the injuries caused by dangerous weapons like sickle and sword which, were applied on the vital part of the body, there is no escape from the conclusion that it is a case of Section 302 of the IPC – Appeal dismissed.

Apr 2, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BALU SUDAM KHALDE AND ANOTHER — Appellant Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : Sudhanshu Dhulia and J.B. Pardiwala, JJ. )…

Acquittal

(IPC) – Ss 394 and 397 – Arms Act, 1959 – S 25 – Robbery with voluntarily causing hurt – Presence of accused at the scene of crime and recovery of pistol from him becomes highly doubtful and the guilt of the accused having not been proved beyond reasonable doubt, conviction and sentence cannot be upheld.

Apr 2, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANWAR @ BHUGRA — Appellant Vs. STATE OF HARYANA — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Criminal Appeal…

Housing State Laws

Delhi Cooperative Society Rules, 1973 – Rule 36(2) – Expulsion of membership on account of non-payment of dues for construction of flats – There is violation of Rule 36(2) of the Delhi Cooperative Society Rules, 1973 and the prescribed procedure for expulsion of a society member has not been followed – Expulsion of membership order is upheld.

Apr 2, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GEETA AND OTHERS — Appellant Vs. FINANCIAL COMMISSIONER GOVT. OF NCT DELHI AND OTHERS — Respondent ( Before : Rajesh Bindal and Aravind Kumar,…

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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