Supreme Court of India Judgements

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

Month: July 2023

Compensation Labour Cases

Determination of disability – the disablement would be taken as total for the purposes of award of compensation under section 4(1)(b) of the Act regardless of the injury sustained being not one as specified in Part I of Schedule I of the Act – The proviso to clause (l) of sub-section (1) of Section 2 of the Act does not dilute the import of the substantive clause – Rather, it adds to it by specifying categories wherein it shall be deemed that there is permanent total disablement.

Jul 20, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INDRA BAI — Appellant Vs. ORIENTAL INSURANCE COMPANY LTD. & ANOTHER — Respondent ( Before : J.B. Pardiwala and Manoj Misra, JJ. ) Civil…

Acquittal CBI Circumstantial Evidence

Murder – Acquittal – circumstances found proved do not constitute a chain so far complete as to indicate that in all human probability it were the accused persons and no one else who committed the crime – In such a situation, there was no option for the trial court but to extend the benefit of doubt to the accused – Order of acquittal upheld – Appeal dismissed.

Jul 20, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. SHYAM BIHARI AND OTHERS — Respondent ( Before : B. V. Nagarathna and Manoj Misra, JJ. )…

Land Acquisition

Once the acquisition under Land Acquisition Act 1894 continues to be valid, the claimant is disentitled to claim compensation in terms of the Right to Fair Compensation Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 which was not applicable to the acquisition.

Jul 20, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. JAGAN SINGH & OTHERS — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Civil…

Constitution

Even if there is no period prescribed for filing the writ petition under Article 226 of the Constitution of India, yet it should be filed within a reasonable time – Relief to a person, who puts forward a stale claim can certainly be refused relief on account of delay and laches – Anyone who sleeps over his rights is bound to suffer.

Jul 20, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF ORISSA AND ANOTHER — Appellant Vs. LAXMI NARAYAN DAS (DEAD) THR. LRS AND OTHERS — Respondent ( Before : Abhay S. Oka…

Rent

Rajasthan Premises (Control of Rent and Eviction) Act, 1950 itself has been abrogated in the year 2001, with a new statute coming into force, i.e. The Rajasthan Rent Control Act, 2001, which does not create any similar bar – Decree of eviction favour of the appellant-landlord – Appeal allowed.

Jul 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAVI KHANDELWAL — Appellant Vs. M/S. TALUKA STORES — Respondent ( Before : Sanjay Kishan Kaul and Ahsanuddin Amanullah, JJ. ) Civil Appeal No.…

Constitution

It is not at the sweet-will of the Government that the extensions can be granted to the incumbents in the office of the Director of CBI/Director of Enforcement – It is only on the basis of the recommendations of the Committees which are constituted to recommend their appointment and that too when it is found in public interest and when the reasons are recorded in writing, such an extension can be granted by the Government.

Jul 19, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH DR. JAYA THAKUR — Appellant Vs. UNION OF INDIA & OTHERS — Respondent ( Before : B.R. Gavai, Vikram Nath and Sanjay Karol, JJ.…

Anticipatory Bail Bail Declined

(CrPC) – Section 438 – Penal Code, 1860 (IPC) – Sections 406, 420, 467, 468, 471 and 120­B – Anticipatory Bail – – land scams not only result in financial losses for individuals and investors but also disrupt development projects, erode public trust, and hinder socio­economic progress – – Order granting anticipatory bail is set-aside – Appeal allowed.

Jul 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRATIBHA MANCHANDA AND ANOTHER — Appellant Vs. STATE OF HARYANA AND ANOTHER — Respondent ( Before : Surya Kant and C.T. Ravikumar, JJ. )…

You missed

C P C

A party should not suffer due to the negligence of their counsel, and a restoration application under Order IX Rule 13 of the CPC can serve as an application for condonation of delay if it explains the reasons for the delay, so that courts should focus on the merits of a case rather than being hindered by procedural technicalities A. Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — An application under Order 9 Rule 13 can also serve as an application for condonation of delay — The court cites Bhagmal and Ors Vs. Kunwar Lal and Others, to support its finding that where the delay in filing an application under Order 9 Rule 13 of the CPC is explained within the application itself, there is no need for a separate application for condonation of delay — The court emphasizes that the procedure is a handmaid of justice, and hyper-technical interpretations of rules should not stand in the way of achieving a just outcome.

Dec 28, 2024 sclaw
Anticipatory Bail

Anticipatory bail should not be granted routinely, especially in serious offenses like murder, and that courts must consider the severity of the charges, the evidence, and the materials on record, including the charge sheet Penal Code, 1860 (IPC) — Section 302 — Murder — The Supreme Court overturned the Patna High Court’s decision to grant anticipatory bail to respondents in a murder case — The case originated from an incident where the appellant’s nephew was allegedly set on fire by the respondents — The court emphasized that anticipatory bail should not be granted mechanically, particularly in severe offenses like murder, and the High Court had erred in not considering the gravity of the charges and the evidence, including the charge sheet which stated that the case against the accused persons was found to be true — The Supreme Court directed the respondents to surrender to the trial court and apply for regular bail, to be considered on its merits — The Supreme Court’s decision underscores the importance of a thorough review of case details and allegations before granting anticipatory bail, especially in cases of serious crimes.

Dec 28, 2024 sclaw
Service

Service Law — Regularization of services for long-term, part-time employees — The court found that the appellants’ continuous service for over a decade, performing essential duties, should not be disregarded simply because their initial appointments were labeled as part-time or contractual — The court noted the indispensable nature of their work, the lack of any performance issues, and that their duties were similar to those of regular employees — The court emphasized that the nature of their work was perennial and fundamental, requiring their classification as regular posts — The court also found that the appellants’ abrupt termination was unjustified and violated principles of natural justice, and the argument against their regularization based on educational qualifications was untenable — The court noted discriminatory practices as other employees with similar or shorter service had been regularized — The court clarified that the Uma Devi judgment was not intended to penalize employees who have served long years in essential roles and that “irregular” appointments should be considered for regularization, especially when they are not “illegal” and the employees have served continuously against sanctioned functions.

Dec 28, 2024 sclaw
Child Custody Matrimonial

For best interest and welfare of the child are the paramount considerations when determining visitation rights A. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The paramount consideration when determining visitation rights is the best interest and welfare of the child — This principle takes precedence over the rights of the parents — The court emphasizes that a child’s health and well-being must not be compromised in the process of adjudicating parental rights. B. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Both parents have a right to the care, company, and affection of their child — However, this right is not absolute and must be balanced with the need to protect the child’s welfare — In this case, the court acknowledges the father’s right to visit his daughter but ensures that these visits do not negatively impact the child. C. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Matrimonial disputes and serious allegations between parents should not impede a child’s right to the care and company of both parents — The court separates the child’s welfare from the conflict between the parents. D. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Visitation arrangements must not cause undue hardship to the child — The court modified the High Court’s order, which required the child to travel 300 kilometers every Sunday, as it was deemed detrimental to the child’s health and well-being. E. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The location for visitation must be convenient and in the best interest of the child — The court changed the visitation location from Karur to Madurai, which is closer to the child’s residence, in order to prioritize the child’s comfort and convenience. F. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Supervised visitation may be necessary, especially for young children — The court directed that the father’s visits should occur in a public place, with the mother present (though at a distance), due to the child’s young age and unfamiliarity with the father.

Dec 28, 2024 sclaw