Supreme Court of India Judgements

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

Month: August 2023

Service Matters
Service

Increase/Enhancement of Retirement age – Retired Employees cannot claim a vested right to apply the extended age of retirement to them retrospectively and assume that by virtue of the enhancement in age ordered by the State at a later date, they would be entitled to all the benefits including the monetary benefits flowing from G.O. dated 9th April, 2012, on the ground of legitimate expectation

Aug 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. PRAKASAN M.P. AND OTHERS — Appellant Vs. STATE OF KERALA AND ANOTHER — Respondent ( Before : Hima Kohli and Rajesh Bindal, JJ.…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Ss 167, 173 and 272 – A charge sheet filed within the period provided either under Section 167 of CrPC or any other relevant statute in a language other than the language of the Court or the language which the accused does not understand, is not illegal and no one can claim a default bail on that ground – the investigating agency/officer to file charge sheet in the language of the Court determined in accordance with Section 272 of CrPC

Aug 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CENTRAL BUREAU OF INVESTIGATION AND OTHERS — Appellant Vs. NAROTTAM DHAKAD AND ANOTHER — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

Constitution Cr P C

An accused is under an obligation to stand for identification parade – An accused cannot resist subjecting himself to the TIP on the ground that he cannot be forced or coerced for the same – Conduct of Test Identification Parade not violates the fundamental right of an accused under Article 20(3) of the Constitution

Aug 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MUKESH SINGH — Appellant Vs. THE STATE (NCT OF DELHI) — Respondent ( Before : M.M. Sundresh and J.B. Pardiwala, JJ. ) Criminal Appeal…

Bail Granted

Not finding of material to satisfy that release of the Appellant on bail shall be a liberty to the Appellant to influence the witnesses or there is any danger of justice being thwarted by such order being passed – In agreement with the ultimate view of the High Court – Order granting bail is upheld – Appeal dismissed.

Aug 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH XXX — Appellant Vs. UNION TERRITORY OF ANDAMAN AND NICOBAR ISLANDS AND ANOTHER — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ.…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 34 – Majority award – A dissenting opinion cannot be treated as an award if the majority award is set aside – When a majority award is challenged by the aggrieved party, the focus of the court and the aggrieved party is to point out the errors or illegalities in the majority award

Aug 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S HINDUSTAN CONSTRUCTION COMPANY LIMITED — Appellant Vs. M/S NATIONAL HIGHWAYS AUTHORITY OF INDIA — Respondent ( Before : S. Ravindra Bhat and Aravind…

Service Matters
Service

Service Law – Disciplinary proceedings – Penalty Order – Unless punishment imposed is only co-relatable to any of those charges found not proved, the penalty cannot be set aside – Scope of judicial review against a departmental enquiry proceeding is very limited – It is not in the nature of an appeal and a review on merits of the decision is not permissible

Aug 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE BANK OF INDIA — Appellant Vs. A.G.D. REDDY — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. ) Civil Appeal No.…

C P C Uncategorized

Order XXI of the Code of Civil Procedure, 1908 (CPC) is a complete code for resolving all disputes, including against strangers to the decree. – The Executing Court could not have dismissed the execution petition by treating the decree to be inexecutable merely on the basis that the decree-holder has lost possession to a third party/encroacher.

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SMT. VED KUMARI (DEAD THROUGH HER LEGAL REPRESENTATIVE) DR. VIJAY AGARWAL — Appellant Vs. MUNICIPAL CORPORATION OF DELHI THROUGH ITS COMMISSIONER — Respondent (…

POCSO

Protection of Children from Sexual Offences Act, 2012 – Section 5 – Cancellation of bail – Gang-rape of a 15-year-old girl, threat of making video of rape recorded viral and extortion – Accused is the son of sitting MLA would disclose the domineering influence he would wield not only in delaying the proceedings but also in pressurizing the witnesses to either resile from their statement given during the course of investigation or pose threat to them from deposing against accused on their failure to act according to his dictates or induce them to testify as per his dictates or to help the defence of the accused – Bail cancelled – Appeal allowed.

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHAGWAN SINGH AND OTHERS — Appellant Vs. DILIP KUMAR @ DEEPU @ DEPAK AND ANOTHER — Respondent ( Before : S. Ravindra Bhat and…

You missed

Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw