Supreme Court of India Judgements

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Month: August 2023

Acquittal Dying Declaration

There is no hard and fast rule for determining when a dying declaration should be accepted; the duty of the Court is to decide this question in the facts and surrounding circumstances of the case and be fully convinced of the truthfulness of the same – although the accused has been named in the two dying declarations as a person who set the room on fire yet the surrounding circumstances render such statement of the declarants very doubtful – Appellant directed to be released – Appeal allowed.

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH IRFAN @ NAKA — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : B.R. Gavai, J.B. Pardiwala and Prashant Kumar Mishra,…

Compensation Labour Cases

Employees Compensation Act, 1923 – Compensation – the driver was consistently driving the vehicle, there is every reason to assume that long spells of driving was a material contributory factor, if not the sole cause that accelerated his unexpected death at a young age – Such an untoward mishap can reasonably be described as an accident, only attributable to the nature of employment – Compensation granted.

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SMT. DARIYAO KANWAR & OTHERS — Appellant Vs. M/S UNITED INDIA INSURANCE CO. LTD. & ANOTHER — Respondent ( Before : Hima Kohli and…

Land Acquisition

Incremental value of land from admitted or proved exemplars till the acquisition is evident – CLU certificate discharges the initial burden of establishing that the land under acquisition is not agricultural land – Therefore, apply the standard deduction 1/3 on exemplar value and are not persuaded to factor incremental increase on the exemplar – Market value of the lands Increased – Appeals allowed in part.

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BESCO LIMITED — Appellant Vs. STATE OF HARYANA & OTHERS — Respondent ( Before : B.R. Gavai and S.V.N. Bhatti, JJ. ) Civil Appeal…

Cheque Dishonour

Partner in firm – Powers u/s 482 of the Cr P C can be exercised by the High Court in case when it comes across unimpeachable and incontrovertible evidence to indicate that the partner of the firm did not have any concern with the issuance of cheques – The case in hand is not of that kind – Impugned order passed by the High Court quashing the summoning order and the complaints against the respondent are set aside – Appeal allowed.

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RIYA BAWRI ETC. — Appellant Vs. MARK ALEXANDER DAVIDSON & OTHERS — Respondent ( Before : Hima Kohli and Rajesh Bindal, JJ. ) Criminal…

Election Laws

Representation of People Act, 1951 – the election petition contained on affidavit and also a verification. In this very affidavit, the election petitioner has sworn on oath that the paragraphs where he has raised allegations of corrupt practice are true to the best of his knowledge. Though there is no separate and an independent affidavit with respect to the allegations of corrupt practice, there is substantial compliance of the requirements under Section 83(1)(c) of the Act.

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH THANGJAM ARUNKUMAR — Appellant Vs. YUMKHAM ERABOT SINGH AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI. and Pamidighantam Sri Narasimha,…

Constitution Mining

HELD the bidder was advised to inspect and satisfy itself regarding the mining area before participating in the bidding process. As to what would be the effect of that clause on the relief claimed by the original petitioner is a matter which requires consideration. But there appears no discussion in that regard in the orders impugned. That apart, there is no determination of the area, if any, which falls in the disputed territory i.e., within the State of M.P. There is also no discussion on the plea of the appellants that the amount of which refund was sought was far in excess of the amount paid by the original petitioner – Remanded

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH STATE OF U.P AND OTHERS — Appellant Vs. VINAY KUMAR SINGH @ RESPONDENT ( Before : Dr Dhananjaya Y Chandrachud, CJI., J B Pardiwala…

Service Matters
Service

Respondent was not involved in heinous/serious offence or any offence involving moral turpitude, and the fact that in the said criminal case he has been honourably acquitted – Direction to appellant for consider the case of the respondent and issue order of appointment to the post of constable.

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF WEST BENGAL & OTHERS — Appellant Vs. MITUL KUMAR JANA — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. )…

Property Matters

By issuing the Resumption Notice, the Tahsildar admitted Writ Petitioners possession of the petition land. It is evident from the record that even before initiating proceedings for recovery, the possession of allotted land of an extent of acres 42.870 decimals is stated to have been given to IDCO by the State. It is also not clear whether the assignment in any manner overlaps with the petition land assigned to Vice Admiral Ganesh Prasad Panda. The State assumed the power of re-entry of the land settled on a higher pedestal and that the resumption of land in favour of the State as automatic – Appeal dismissed

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CHAIRMAN-CUM-MANAGING DIRECTOR, INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION OF ORISSA, IDCO TOWER, JANAPATH, BHUBANESWAR, DISTRICT KHURDA, ODISHA — Appellant Vs. LATE SURGEON VICE ADMIRAL GP PANDA…

Service Matters
Service

Appointment of the appellant had been declared illegal and void ab initio, and was cancelled by the Director of Elementary Education, Assam, the appellant could not legally continue in service thereafter, unless that cancellation order was set aside. – No claim for payment of salary could be made for any period.

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SMT. DULU DEKA — Appellant Vs. STATE OF ASSAM AND OTHERS — Respondent ( Before : Hima Kohli and Rajesh Bindal, JJ. ) Civil…

Arbitration

HELD the scope of jurisdiction of a court, under Section 30/33 of the Act, never extended beyond discerning if the award disclosed an “error apparent on the face of the award” which is an “error of law apparent on the face of the award and not an error of fact. The error of law can be discovered from the award itself or from a document actually incorporated therein

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S S.D. SHINDE TR. PARTNER — Appellant Vs. GOVT. OF MAHARASHTRA AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta,…

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