Supreme Court of India Judgements

46448 Judgements hosted as on 05/05/2024 - Search (FREE), Subscribe, Read & Download

Month: June 2023

Service Matters
Service

Under Rule 7 of the Odisha Civil Service (Pension) Rules, 1992, the departmental inquiry initiated against her (a retired officer) with the sanction of the Government, shall not be in respect of any event which took place more than four years before such institution. She submitted that the allegations indicated in the chargesheet were beyond the period of four years – Contention upheld

Jun 4, 2023 sclaw

chargesheet was in clear breach of the mandate of Rule 7 of Rules 1992. Accordingly, the chargesheet and other consequential departmental proceedings initiated against the officer were quashed. The court…

Acquittal

(IPC) – Ss 419, 353, 447 and 120B – Discharge – took photographs of case records from mobile phone of civil judge – Court sounds a note of caution for the appellant to be careful in future to avoid recurrence of similar incident and at the same time records a note of appreciation for the second respondent for not precipitating the matter further – After all, ‘to err is human but forgiving is divine’

Jun 3, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEVILLE DADI MASTER @ NEVILLE MASTER — Appellant Vs. THE STATE OF WEST BENGAL AND ANOTHER — Respondent ( Before : S. Ravindra Bhat…

Acquittal

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(x) – Quashing of charge-sheet – Voluntarily causing hurt – There is no material worthy of consideration in this behalf except a bald statement that the complainant sustained multiple injuries “in his hand and other body parts” – If indeed the complainant’s version were to be believed, the IO ought to have asked for a medical report to support the same

Jun 3, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAMESH CHANDRA VAISHYA — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta,…

Matrimonial

Parties have suffered an irretrievable breakdown of marriage and hence, in order provide complete justice, the this Court exercised the power under Article 142 of the Constitution of India to grant mutual consent divorce to the parties and also closed all cases filed by the parties against each other.

Jun 3, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANSI KHATRI — Appellant Vs. GAURAV KHATRI — Respondent ( Before : Sanjay Kishan Kaul and Ahsanuddin Amanullah, JJ. ) Transfer Petition (Civil) No.…

Acquittal

Acquittal – Rape and murder of a six-year-old -There are, in fact, yawning gaps in the chain of circumstances rendering it far from being established- pointing to the guilt of the appellant – Needless to state, such responsibilities would be all the more heightened in cases of crimes involving severe punishments such as imprisonment for life or the sentence of death

Jun 3, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH PRAKASH NISHAD @ KEWAT ZINAK NISHAD — Appellant Vs. STATE OF MAHARASHTRA — Respondent ( Before : B.R. Gavai, Vikram Nath and Sanjay Karol,…

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I P C

Penal Code, 1860 (IPC) – Sections 120-B read with Section 420 – Cheating – The case involves fraudulent transactions by accused in connivance with Indian Bank officials resulting in interest-free advances to the petitioners – The main issue is whether the petitioners were involved in cheating the bank and if they availed any undue benefit from the fraudulent transactions – The petitioners argued that they were not involved in the cheating, had not availed any undue benefit, and that the transactions were normal business dealings – The court dismissed the Special Leave Petitions, upholding the Trial Court’s conviction of the petitioners for cheating the bank through unauthorized transactions.

May 5, 2024 sclaw
Limitation

Limitation Act, 1963 – Section 5 – Condonation of Delay – Delay of 1663 days – The State of U.P. filed a SLP against an order dated 13.11.2009 by the Allahabad High Court, with a delay of 1,633 days – The main issue was the condonation of the significant delay in filing the SLP – The State argued that the delay was due to the time taken for obtaining legal opinion and permissions, and later, the realization that the appeal was not filed initially – The application for condonation of delay was dismissed, and consequently, the SLP was also dismissed – The court found the explanation for the delay unsatisfactory, especially since the State was aware of the High Court’s order when it was passed – The court did not find sufficient cause to condone the delay, leading to the dismissal of the SLP.

May 5, 2024 sclaw
Property Matters

Partition Suit – The dispute involves partition of properties left by Late ‘R’ with the main contention over roof rights of a property in Kota and another in Jaipur – The primary issue is the valuation of roof rights for further construction and the equal distribution of property among co-sharers – The appellants argue that the valuation report failed to assess the value of roof rights, which would affect the overall property valuation and entitlement of co-sharers – The respondents maintain that the property valuation and shares were appropriately determined by the approved Valuer and upheld by both the Trial Court and High Court – The Supreme Court dismissed the appeal, finding no merit in revaluating the property or altering the determined shares of the parties – The Court emphasized the importance of family ties over property disputes and suggested alternative dispute resolution methods for amicable settlements – The Court referenced the case of Afcons Infrastructure Limited vs. Cherian Varkey Construction Company Private Limited, advocating for ADR in family-related property disputes – The Supreme Court concluded that revisiting the valuation and partition would only prolong litigation and upheld the decisions of the lower courts.

May 5, 2024 sclaw
Constitution Municipal Laws

West Bengal Municipal(Building) Rules, 2007 – Rule 50 – Open spaces for building in areas other than municipalities in hill areas – The appellants challenge the High Court of Calcutta’s order regarding a contempt petition related to their residential property construction and its compliance with Rule 50 of Rules, 2007 – The appellants argue that the writ petition was a private matter and should not have been entertained by the High Court – They also claim that municipal authorities are unfairly pressuring them due to the contempt proceedings – The respondent claims that the appellants violated the sanctioned building plan, justifying the High Court’s direction for an enquiry – The Supreme Court allowed the appellants to challenge the enquiry report and show cause notice, ensuring their objections would be considered objectively without prejudice from the contempt or writ proceedings – The court expressed reservations about the High Court’s exercise of writ jurisdiction in a private dispute and suggested the civil court as the appropriate forum for grievances – The appeal was disposed of with the appellants given the liberty to challenge the enquiry report and show cause notice, without cost order.

May 5, 2024 sclaw