Supreme Court of India Judgements

46468 Judgements hosted as on 12/05/2024 - Search (FREE), Subscribe, Read & Download

Month: August 2023

Land Acquisition

HELD the consent terms and the directions of High Court were silent as to within what period the appellant had to make such an application, it was required to be construed that appellant had to make application after it received the compensation awarded under Section 11 and after it handed over possession of the lands, which it did. Appeal allowed

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHRI NASHIK PANCHAVATI PANJARPOL TRUST AND OTHERS — Appellant Vs. THE CHAIRMAN AND ANOTHER — Respondent ( Before : Bela M. Trivedi and Dipankar…

Corporate

Contract Act, 1872 – Section 73 – Compensation for loss or damage caused by breach of contract – It is undeniable that the measure of damages, per Section 73 of the Contract Act, is the difference between the price at which goods sell at the marketplace on the date of breach, and the contract price

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH H. J. BAKER AND BROS. INC. — Appellant Vs. THE MINERALS AND METALS TRADE CORPORATION LTD. (MMTC) — Respondent ( Before : S. Ravindra…

Customs & Excise I B C SARFAESI

HELD the enactment of section 142A of the Customs Act does confer or create a first charge on the dues ‘payable’ under the Customs Act, notwithstanding provisions under any Central Act, but not in cases covered under Section 529A of the Companies Act, Recovery of Debts Due to Banks and the Financial Institutions Act, 1993, Securitisation and Reconstruction of Financial Assets and the Enforcement of Security Interest Act, 2002 and the Insolvency and Bankruptcy Code, 201

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INDUSTRIAL DEVELOPMENT BANK OF INDIA (THROUGH STRESSED ASSETS STABILIZATION FUND CONSTITUTED BY THE GOVERNMENT OF INDIA) — Appellant Vs. SUPERINTENDENT OF CENTRAL EXCISE AND…

Constitution

HELD the construction of the disputed building on the land earmarked/reserved as a playground is illegal and contrary to the Panchayats proposal, technical sanction and the financial sanction, as well as the work order and hence, the same, has to be demolished at the cost and responsibility of the respondent No.2 Vikas Adhikari, Panchayat Samiti Longewala and respondent No.4 Sarpanch, Gram Panchayat Longewala

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE SARPANCH, GRAM PANCHAYAT, LONGWALA PANCHAYAT SAMITI, PILIBANGA, DISTRICT HANUMANGARH, RAJASTHAN — Appellant Vs. MANVEER SINGH AND OTHERS — Respondent ( Before : Sanjiv…

Constitution

Constitution of India, 1950 – Article 141 – Law of Precedents – Doctrine of Merger and Res judicata – Dismissal of appeal without any reasons being recorded would not attract Article 141 of the Constitution of India as no law was declared by the Supreme Court, which will have a binding effect on all courts and tribunals in India – The logic behind the doctrine of merger is that there cannot be more than one decree or operative orders governing the same subject matter at a given point of time

Aug 26, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH EXPERION DEVELOPERS PRIVATE LIMITED — Appellant Vs. HIMANSHU DEWAN AND SONALI DEWAN AND OTHERS — Respondent ( Before : Sanjiv Khanna, Bela M. Trivedi…

Service Matters
Service

A presumption ought to have been drawn in favour of the validity of the marriage between the deceased and the appellant-wife, more so, when during his life time, the deceased had approached the respondent authorities for seeking deletion of the name of his previous wife from his service record and for endorsement of the name of the appellant- wife, which was duly acted upon by the respondents – Pensionary benefits granted.

Aug 26, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SMT. SHIRAMABAI W/O PUNDALIK BHAVE & OTHERS — Appellant Vs. THE CAPTAIN, RECORD OFFICER FOR O.I.C. RECORDS, SENA CORPS ABHILEKH, GAYA, BIHAR STATE AND…

Acquittal

Murder – Acquittal – Case of prosecution is entirely based on the extra-judicial confession – for the reasons recorded, it is not possible to accept the case of the prosecution which is entirely based on the extra-judicial confession made by the appellant – Thus, there was no legal evidence on record to convict the appellant.

Aug 26, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOORTHY — Appellant Vs. STATE OF TAMIL NADU — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Criminal Appeal No.975…

You missed

I P C

Penal Code, 1860 (IPC) – Sections 376(2)(g) and 506(1) – Tamil Nadu Prevention of Women Harassment Act, 1998 – Section 4 – Gang Rape – The victim’s testimony, along with her mother and aunt’s statements, was consistent with the initial complaint and corroborated by medical evidence – The defense argued that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – Whether the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The inconsistencies in the witnesses’ testimonies were not significant and did not affect the overall credibility of the evidence – The court dismissed the appeal and upheld the conviction of the appellant for gang rape and related charges – The court rejected the defense’s argument that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The court found that the evidence presented was sufficient to convict the appellant for gang rape and related charges – The Supreme Court found that the evidence presented was sufficient to convict the appellant and rejected the defence’s arguments regarding inconsistencies in the witnesses’ testimonies.

May 12, 2024 sclaw
Limitation

Dismissal of Civil Suit – Condonation of delay – Standing to file an application – The court clarified that only parties to a suit or those who have accrued a right in the lis can file an application for condonation of delay in filing an application for restoration of the suit. A stranger to the proceedings cannot file such an application.

May 12, 2024 sclaw
Limitation

Limitation Act, 1963 – Haryana Public Moneys (Recovery of Dues) Act, 1979 – Section 3(1)(b) – State Financial Corporation Act, 1951 – Section 29 – The appeals arise from a High Court judgment regarding the recovery of time-barred debts under the Act, 1979, and the Act, 1951 – The main issue is whether a debt time-barred under the Limitation Act can be recovered using the aforementioned Acts – The appellants argued that time-barred debts cannot be recovered under the Recovery of Dues Act, citing the precedent set in V.R. Kalliyanikutty – The respondents argued that the Recovery of Dues Act and the State Financial Corporations Act allow for time-barred debt recovery, as they only bar the remedy, not the right – The court examined whether the Recovery of Dues Act creates a new right for creditors and allows for time-barred debt recovery – The court discussed the distinction between a debt and the right of action for its recovery, noting that the statute of limitation bars the latter but not the former – The court concluded that the Recovery of Dues Act and the State Financial Corporations Act provide an alternative mechanism for recovering debts, even if they are time-barred – Matter needs to be placed before the Hon’ble Chief Justice of India to constitute an appropriate three-judge bench.

May 12, 2024 sclaw
Consumer

Consumer Law – Policy Claim – The appellants, family of the deceased, filed a complaint after the LIC repudiated their claim on a policy following the policyholder’s accidental death – The main issue was whether there was a concluded contract between the deceased and LIC at the time of his death, which would obligate LIC to pay the insurance benefits – The appellants argued that LIC had accepted the first premium and issued a receipt, thereby assuming risk and concluding the contract before the policyholder’s death – LIC contended that the policy was not communicated to the deceased and was blocked due to his demise, implying no concluded contract existed – The Supreme Court set aside the NCDRC’s order, restored the District Forum’s order in favor of the appellants, and directed LIC to pay the insurance benefits as per the policy terms – The Court found clear presumption of acceptance of the policy by LIC, as the first premium receipt indicated the corporation was on risk from the receipt date – The Court relied on precedents that establish the principles of insurance contracts and the obligations of good faith expected from insurers – The Supreme Court concluded that LIC had indeed entered into a contract with the policyholder before his death, and thus, was liable to pay the insurance benefits to the appellants.

May 12, 2024 sclaw