Supreme Court of India Judgements

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

Month: May 2023

Acquittal Evidence Act

Evidence Act, 1872 – Ss 101 and 106 – Burden of proof – Burden of proof is always with the prosecution – – Section 106 of the Act is an exception to the rule which is Section 101 of the Act, and it comes into play only in a limited sense where the evidence is of a nature which is especially within the knowledge of that person and then the burden of proving that fact shifts upon him that person.

May 9, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DINESH KUMAR — Appellant Vs. THE STATE OF HARYANA — Respondent ( Before : Sudhanshu Dhulia and Sanjay Kumar, JJ. ) Criminal Appeal No.530…

Constitution Customs & Excise

Customs Act, 1962 – Sections 125 and 127B – Whether a settlement remedy under Section 127B of the Customs Act, 1962, would be available for the seized goods, which are specified under Section 123 of the Act? – Divergent view regarding the issue – Matter to be placed before Hon’ble the Chief Justice of India.

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH YAMAL MANOJBHAI — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Krishna Murari and Sanjay Karol, JJ. ) Writ Petition…

Municipal Laws

Madhya Pradesh Municipal Corporation Act, 1956 – Section 185 – Arrears of property tax and water tax until the date of confirmation of sale, would qualify as the expenses for “preserving, realising or getting in” the assets of the company and thus, shall have to be paid in priority by Official Liquidator.

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH OFFICIAL LIQUIDATOR — Appellant Vs. UJJAIN NAGAR PALIKA NIGAM AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Aniruddha Bose, JJ. ) Civil…

Constitution

IMPORTANT — Constitution of India, 1950 – Article 145(5) – Majority of Judges -It is settled that the majority decision of a Bench of larger strength would prevail over the decision of a Bench of lesser strength, irrespective of the number of Judges constituting the majority.

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S TRIMURTHI FRAGRANCES (P) LTD. THROUGH ITS DIRECTOR SHRI PRADEEP KUMAR AGRAWAL — Appellant Vs. GOVT.OF N.C.T OF DELHI THROUGH ITS PRINCIPAL SECRETARY (FINANCE)…

G S T State Laws

In the present case, the clear legislative intent, of inserting a carefully worded entry, which was a “hybrid” one, i.e. describing an article that contained medicinal ingredients, as well as those used for cosmetics, and yet placing such a creature (“neither beast nor fowl” so to say) in the category of cosmetics, ruled out altogether any interpretive scope of classifying it as a medicinal preparation, or drug or medicine

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HEINZ INDIA LIMITED — Appellant Vs. THE STATE OF KERELA — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta, JJ. ) Civil…

Bail Granted

Gujarat Control of Terrorism and Organised Crime Act, 2015 – IPC – Earlier the FIR thereof having been quashed by the High Court, even prior to the filing of the charge-sheet, even for the sake of argument, if accepted, helps the Appellant and tilt the balance in his favour – The Appellant has succeeded in making out a prima facie case for the grant of bail – Appeal Allowed.

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ATULBHAI VITHALBHAI BHANDERI AND OTHERS — Appellant Vs. STATE OF GUJARAT — Respondent ( Before : Ajay Rastogi and Ahsanuddin Amanullah, JJ. ) Criminal…

I P C

Murder of Children by administrating poison – Illicit Relationship – Benefit of Premature Release – It cannot be simply bracketed as a ‘cruel and brutal’ offence as the Appellant herself was trying to end her life but was prevented by her niece in the nick of time – Appeal Allowed.

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  NAGARATHINAM — Appellant Vs. STATE THROUGH THE INSPECTOR OF POLICE — Respondent ( Before : Ajay Rastogi and Ahsanuddin Amanullah, JJ. ) Criminal Appeal…

Customs & Excise

Central Excise Tariff Act, 1985 – Mere broad-basing of the entries in Chapter 30 and Chapter 33 of the First Schedule to the Act 1985, by itself, could not have been the justification for an attempt at re-classification of the product – anything which is prepared for being used on the hair and carries the name “Hair Oil”, would lose its character as medicament if otherwise it has been prepared for therapeutic or prophylactic uses – Moreover, rewording and regrouping of different entries in medicaments are hardly of any impact on the character of the product in question.

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COMMISSSIONER OF CUSTOMS, CENTRAL EXCISE AND SERVICE TAX, HYDERABAD — Appellant Vs. ASHWANI HOMEO PHARMACY — Respondent ( Before : Dinesh Maheshwari and Vikram…

Constitution

Mercy Petition – Supreme Court has rejected the request to reduce Balwant Singh Rajoana’s death sentence, but has permitted the central government to determine when to consider the mercy petition if needed — however, directed that the competent authority, in due course of time, would again as and when it is deemed necessary, may deal with the Mercy Petition, and take a further decision.

May 7, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH BALWANT SINGH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : B.R. Gavai, Vikram Nath and Sanjay Karol, JJ. )…

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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