Supreme Court of India Judgements

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

Month: August 2023

Corruption

Prevention of Corruption Act, 1988 – Section 13(1)(e), 13(2) and 19(3) – Once the cognizance was taken by the Special Judge and the charge was framed against the accused, the trial could neither have been stayed nor scuttled in the midst of it in view of Section 19(3) of Act – Order of discharge is set-aside – Appeal allowed.

Aug 6, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF KARNATAKA LOKAYUKTA POLICE — Appellant Vs. S. SUBBEGOWDA — Respondent ( Before : Aniruddha Bose and Bela M. Trivedi, JJ. ) Criminal…

Acquittal

Penal Code, 1860 (IPC) – Sections 366, 376, 376(2)(g), 342, 506 and 34 – Rape – Acquittal – Clothes of prosecutrix handed over to the police were having stains of semen, however, no scientific evidence was produced to link the same with the accused – Conviction and sentence set aside – Appeal allowed

Aug 6, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AVTAR SINGH AND ANOTHER — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : Hima Kohli and Rajesh Bindal, JJ. ) Criminal Appeal…

Labour Cases

Government of Kerala covering Medical institutions which included nursing homes, diagnostic centres and pathological laboratories employing 20 or more persons were brought under the ambit of the Employees State Insurance Act, 1948 – High Court rightly held that the provisions of Employees State Insurance Act, 1948 will be applicable to the respondent establishment w.e.f. 06.09.2007 and not from 22.11.2002.

Aug 6, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH E.S.I. CORPORATION, REP. BY THE REGIONAL DIRECTOR — Appellant Vs. M/S. ENDOCRINOLOGY AND IMMUNOLOGY LAB — Respondent ( Before : Hima Kohli and Rajesh…

C P C

Only determinations which are fundamental would result in the application of the doctrine of res judicata – Any determination, despite being deliberate or formal, cannot give rise to application of the doctrine of res judicata if they are not fundamental in nature – Term ‘resumption’ not be conflated with the term ‘acquisition’ as employed within the meaning of Article 300A of the Constitution so as to create a right to compensation.

Aug 6, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH YADAIAH AND ANOTHER — Appellant Vs. STATE OF TELANGANA AND OTHERS — Respondent ( Before : Surya Kant and J.K Maheshwari, JJ. ) Civil…

Corporate Mining

Mines and Minerals (Development and Regulation) Act, 1957 – Section 15 – Rajasthan Minor Mineral Concession Rules, 1986 – Rules 4(10) and 7(3) – When a decision is taken by a competent authority in public interest by evolving a better process such as auction, a right, if any, to an applicant seeking lease over a Government land evaporates on its own – An applicant cannot have an exclusive right in seeking a grant of license of a mineral unless facilitated accordingly by a statute

Aug 6, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF RAJASTHAN AND OTHERS — Appellant Vs. SHARWAN KUMAR KUMAWAT ETC. ETC — Respondent ( Before : A.S Bopanna and M.M Sundresh,…

I P C

Weapon used in the crime is a stick which was lying in the house, and which, by no means, can be called a deadly weapon – Possibility of accused causing the death of the deceased while being deprived of the power of self-control, due to the provocation on account of the deceased not agreeing to pay Rs.500/- to daughter, cannot be ruled out – Sentence already undergone would serve the ends of justice – Appeal allowed.

Aug 6, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NIRMALA DEVI — Appellant Vs. STATE OF HIMACHAL PRADESH — Respondent ( Before : B.R. Gavai and J.B. Pardiwala, JJ. ) Criminal Appeal No.…

Anticipatory Bail Bail Granted

Anticipatory bail – Cruelty to wife – Once the chargesheet was filed and there was no impediment, at least on the part of the accused, the court having regard to the nature of the offences, the allegations and the maximum sentence of the offences they were likely to carry, ought to have granted the bail as a matter of course –

Aug 6, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MD. ASFAK ALAM — Appellant Vs. THE STATE OF JHARKHAND AND ANOTHER — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ.…

Property Matters Transfer Of Property Act

Practice of ‘ta khubzul badlain’ in Bihar recognises that a duly executed sale deed will not operate as a transfer in praesenti but postpones the actual transfer of title, from the time of execution and registration of the deed, to the time of exchange of equivalents, that is, registration receipt and the sale consideration, if the intention of the parties was that title would pass only on payment of entire sale consideration

Aug 6, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH YOGENDRA PRASAD SINGH (DEAD) THROUGH LRS — Appellant Vs. RAM BACHAN DEVI AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh…

Consumer

Mere delay in intimating the insurance company about the occurrence of theft, especially when an insured has lodged the FIR immediately after the theft of a vehicle occurred and when the police after investigation have lodged a final report after the vehicle was not traced and when the surveyors/investigators appointed by the insurance company have found the claim of the theft to be genuine, should not be a sufficient ground to deny the insurance claim.

Aug 6, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ASHOK KUMAR — Appellant Vs. NEW INDIA ASSURANCE CO. LTD. — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. ) Civil Appeal…

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