Supreme Court of India Judgements

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Month: May 2023

Compensation Constitution

BURDEN OF PROVING A VALID TICKET LIES ON THE RAILWAY ADMINISTRATION FOR COMPENSATION – Railway Administration shall be liable to pay compensation as prescribed – Appellants are held entitled for compensation to the tune of Rs. 4,00,000/- along with interest @ 7% p.a. from the date of filing the claim application till its realisation.

May 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KAMUKAYI AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Surya Kant and J.K. Maheshwari, JJ. ) Civil…

C P C

(CPC) – Section 47 read with Order 21 Rule 97 – – Supreme Court in its discretion does entertain special leave petitions directly from orders of tribunals/courts without the High Court having been approached only in matters where substantial questions of general importance are involved or where a similar issue is pending for its (the Supreme Court’s) consideration.

May 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JINI DHANRAJGIR AND ANOTHER — Appellant Vs. SHIBU MATHEW AND ANOTHER. ETC. — Respondent ( Before : A.S. Bopanna and Dipankar Datta, JJ. )…

Consumer

Standard Fire and Special Perils Policy – extent to which the claim of the appellant is required to be accepted and the respondent be directed to reimburse the same – – on the exchange of correspondence between surveyor and the appellant who brought on record additional material before the surveyor to indicate that the machinery cannot be repaired, the amount assessed was Rs.2,32,02,000 – Appeal partly allowed

May 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S SUPER LABEL MFG. CO. — Appellant Vs. NEW INDIA ASSURANCE COMPANY LIMITED — Respondent ( Before : A.S. Bopanna and Dipankar Datta, JJ.…

Corruption I P C

Prevention of Corruption Act – IPC – The directions issued in the said original petition for de novo investigation are set aside. The Investigation Officer shall proceed with further investigation in all cases by including the offences under the PC Act – writ petitions challenging the initiation of proceedings by ED shall stand dismissed.

May 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH Y. BALAJI — Appellant Vs. KARTHIK DESARI & ANR. ETC. — Respondent ( Before : Krishna Murari and V. Ramasubramanian, JJ. ) Criminal Appeal…

Direct Taxation Income Tax Act

“…gold would not be precious if we all had gold to spare………..” HELD held that bitumen is not a valuable article in the context of Section 69A and the assessee here was not the owner of the concerned bitumen for the purpose of section 69A of the Income Tax Act,1961.

May 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S.D.N. SINGH — Appellant Vs. COMMISSIONER OF INCOME TAX, CENTRAL, PATNA AND ANOTHER — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ.…

Cr P C

Gambling – Benefit of probation – Incident pertains to the year 2007, when the appellant was about 31 years of age and has been sentenced to undergo imprisonment for a period of one month – As per the information furnished by the learned counsel for the State, the appellant has never indulged in any case of gambling – Probation granted

May 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SOORI @ T.V. SURESH — Appellant Vs. THE STATE OF KARNATAKA — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. )…

Will & Succession

Will – Writ petitioner did not have any knowledge about the contents of the Will and the bequest made under the Will – Therefore, this appears to be a case where the writ petitioner is on a treasure hunt, if not a wild goose chase, in the hope that there exists a treasure and that if found, it will be hers – The Court cannot go to the aid of such a person.

May 16, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH A. WILSON PRINCE — Appellant Vs. THE NAZAR AND OTHERS — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Special Leave…

C P C Consumer

Civil Procedure Code, 1908 (CPC) – Order 1 Rule 8 – Consumer Protection Act, 2019 – Section 12(1)(c) – there is no question of Order I Rule 8 CPC being complied with as they do not represent the others, particularly when there is no larger public interest involved. Such complainants seek reliefs for themselves and nothing beyond.

May 16, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ALPHA G184 OWNERS ASSOCIATION — Appellant Vs. MAGNUM INTERNATIONAL TRADING COMPANY PVT. LTD. — Respondent ( Before : J.K. Maheshwari and M. M. Sundresh,…

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