Supreme Court of India Judgements

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

Month: April 2023

State Laws

Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 – Sections 40 and 16(1)(i) – Disqualification – There cannot be a birthright to seek adjournments, especially when the Divisional Commissioner was mandated to decide the issue of disqualification within a period of ninety days from application, as per Section 40(2) of the Act – Divisional Commissioner thus rightly treated the written submissions as his defence – Appeal dismissed.

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH VIRENDRASING — Appellant Vs. THE ADDITIONAL COMMISSIONER AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, Ahsanuddin Amanullah and Aravind Kumar, JJ. )…

Banking Constitution SARFAESI

HELD on SARFESAI writs to High courts – – When a statute prescribes a particular mode, an attempt to circumvent shall not be encouraged by a writ court. A litigant cannot avoid the noncompliance of approaching the Tribunal which requires the prescription of fees and use the constitutional remedy as an alternative.

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. SOUTH INDIAN BANK LTD. AND OTHERS — Appellant Vs. NAVEEN MATHEW PHILIP AND ANOTHER ETC. ETC. — Respondent ( Before : Sanjiv Khanna…

Murder

(IPC) – S 302 – Evidence Act, 1872 – S 8 r/w S 27 – Murder – that part of the confession which led to the recovery of the dead body of the victim would become admissible, apart from other articles of the deceased recovered at the instance of the accused has been identified by several witnesses independently – – Conviction and sentence upheld.

Apr 20, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SIJU KURIAN — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : Surya Kant and Aravind Kumar, JJ. ) Criminal Appeal No. 64…

Cr P C

(CrPC) – Section 167 – Default bail – 60/90 day remand period under Section 167 CrPC ought to be computed from the date when a Magistrate authorizes remand HELD the very moment the stipulated 60/90 day remand period expires, an indefeasible right to default bail accrues to the accused.

Apr 20, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH ENFORCEMENT DIRECTORATE, GOVERNMENT OF INDIA — Appellant Vs. KAPIL WADHAWAN AND ANOTHER ETC. — Respondent ( Before : K.M. Joseph, Hrishikesh Roy and B.V.…

Electricity Act

Section 125 of the Electricity Act, 2003 – Appellate Tribunal for Electricity – As a judicial tribunal, dealing with contracts and bargains, which are entered into by parties with equal bargaining power, APTEL is not expected to casually render findings of coercion, or fraud, without proper pleadings or proof, or without probing into evidence. The findings of coercion are therefore, set aside.

Apr 18, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH GUJARAT URJA VIKAS NIGAM LIMITED AND OTHERS — Appellant Vs. RENEW WIND ENERGY (RAJKOT) PRIVATE LIMITED AND OTHERS — Respondent ( Before : Sanjay…

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