Supreme Court of India Judgements

46660 Judgements hosted as on 19/11/2024 - Search (FREE), Subscribe, Read & Download

Month: May 2023

Bail Granted Cr P C

HELD there is no bar against conducting further investigation under Section 173(8) of the CrPC after the final report submitted under Section 173(2) of the CrPC has been accepted – Prior to carrying out further investigation under Section 173(8) of the CrPC it is not necessary that the order accepting the final report should be reviewed, recalled or quashed – Further investigation is merely a continuation of the earlier investigation the accused has not be heard.

May 3, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE THROUGH CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. HEMENDHRA REDDY AND ANOTHER. ETC. — Respondent ( Before : Surya Kant and J.B. Pardiwala,…

Service Matters
Service

HELD appellants had already got three promotions before they got themselves transferred to Kerala University. The salary drawn by them of the higher post was protected – special class of employees were already drawing salary of the higher post which in terms of the policy for inter-university transfer was protected, though they were placed at the bottom of the seniority at the entry level.

May 3, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SMT. SASIKALA DEVI. P — Appellant Vs. THE STATE OF KERALA AND ANOTHER — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

Housing Property Matters

Enhancement clause clause does not talk about demand of additional price on account of any other factor specially the one raised in the present appeals, namely, on account of enhancement of compensation on account of acquisition of land for carving of the plots Held the price as negotiated between the parties is clearly mentioned in the letter of allotment and the same has to be read as part of the lease-cum-sale agreement – Appeal dismissed

May 3, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE BELGAUM URBAN DEVELOPMENT AUTHORITY — Appellant Vs. DHRUVA AND ANOTHER — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. )…

Acquittal

HELD considering that the place of occurrence was an open place and the other circumstances (i.e. motive, disclosure, recovery and extra judicial confession) were not proved beyond reasonable doubt, shifting the burden on the accused to explain the circumstances in which the deceased sustained injuries, or to demonstrate that he parted company of the deceased, would not be justified – Appeal dismissed

May 2, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH STATE OF MADHYA PRADESH — Appellant Vs. PHOOLCHAND RATHORE — Respondent ( Before : Sanjay Kishan Kaul, Manoj Misra and Aravind Kumar, JJ. )…

Constitution Cr P C

SCOI to constitute a three-judge bench to hear Central government’s application seeking the recall of a top court verdict wherein it had ruled in Ritu Chhabaria v. Union of India that an accused will be entitled to default bail if an incomplete charge sheet is filed by the investigating agency .

May 2, 2023 sclaw

SCOI to constitute a three-judge bench to hear Central government’s application seeking the recall of a top court verdict wherein it had ruled that an accused will be entitled to…

State Laws

Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 – Section 4 – the factum of delay and laches is clear and patent on the face of the record, requiring no further enquiry or evidence – present case is involving inordinate delay – HELD No evidence is brought on record of appellant being aware of the proscription in law as regards land – Appeal allowed

May 1, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHAKUNTALA — Appellant Vs. STATE OF KARNATAKA AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Sanjay Kumar, JJ. ) Civil Appeal Nos.…

Banking Constitution

Auction – Bank guarantee – procedure and guidelines laid down by the ASC and that being a part of the auction notice, the appellant was under obligation to comply with and despite opportunity the appellant has failed to comply with both the twin conditions – High Court rightly set aside the auction – Appeal dismissed.

May 1, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJIV KUMAR JINDAL AND OTHERS — Appellant Vs. BCI STAFF COLONY RESIDENTIAL WELFARE ASSOCIATION AND OTHERS — Respondent ( Before : Ajay Rastogi and…

You missed

Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw
Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw
Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw