Supreme Court of India Judgements

46660 Judgements hosted as on 19/11/2024 - Search (FREE), Subscribe, Read & Download

Month: September 2023

I B C

Insolvency and Bankruptcy Code, 2016 – Section 5(24) – ‘related party’ – if an individual is a director of a private or public company and, along with relatives, holds more than two percent of the company’s share capital or paid-up share capital, that company is considered a ‘related party.’ – The explanation also specifies that both maternal and paternal uncles fall under the definition of ‘related party.’

Sep 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH EVA AGRO FEEDS PRIVATE LIMITED — Appellant Vs. PUNJAB NATIONAL BANK AND ANOTHER — Respondent ( Before : B. V. Nagarathna and Ujjal Bhuyan,…

Matrimonial

Hindu Marriage Act, 1955 – Sections 13(1) and 13(1A) – Grant of Decree of divorce – Denial of – The parties in question have been living apart for fifteen years -there is no reason to prolong the distress of maintaining a marital status when they are not living together – In light of the mentioned reasons, the judgment of the Trial Court and the subsequent confirmation by the High Court is hereby overturned – As a result, the appeal is accepted, and a divorce decree is granted.

Sep 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SMT. ROOPA SONI — Appellant Vs. KAMALNARAYAN SONI — Respondent ( Before : Sanjiv Khanna and M. M. Sundresh, JJ. ) Civil Appeal No.…

Service Matters
Service

Punjab Police Rules, 1934 – Rule 12.21 and 16.24 – Discharge of Inefficients – Case involving the discharge of a constable from the Punjab Police force – The constable, ‘J’, was discharged during his probation period due to prolonged absence without any intimation – The Supreme Court examined the relevant rules and held that ‘J’ discharge was justified as he was found unlikely to become an efficient police officer.

Sep 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF PUNJAB AND OTHERS — Appellant Vs. JASWANT SINGH — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. ) Civil…

Bail Declined

Penal Code, 1860 – 120B, 409, 411, 420, 467, 468, 471 and 474 – Prize Chits and Money Circulation Scheme (Banning) Act, 1978 – Sections 4, 5, and 6 – Interlocutory applications filed by accused individuals seeking bail – the court agrees with the prosecution that the applicants should approach jurisdictional courts rather than seeking relief from the higher court – However, the court extends the interim bail granted to the applicants for three months to enable them to seek bail from the concerned courts.

Sep 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PACL — Appellant Vs. CENTRAL BUREAU OF INVESTIGATION — Respondent ( Before : A. S. Bopanna and M. M. Sundresh, JJ. ) IA. No.…

Cr P C

Even in a case where the final report of the police under Section 173 is accepted and the accused persons are discharged, the Magistrate has the power to take cognizance of the offence on a complaint or a Protest Petition on the same or similar allegations even after the acceptance of the final report

Sep 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ZUNAID — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : Bela M. Trivedi and Dipankar Datta, JJ. ) Criminal Appeal…

Constitution

Delhi Development Act, 1957 – Section 57 – Claim for interest – the court finds that the circumstances of the deposit did not involve any loss due to the “Act of Court” and that the notification was in force when the deposit was made – Therefore, the court rejects the claim for interest – The appellants are advised to pursue remedies for their subsequent losses separately.

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH LAL BAHADUR SHASTRI EDUCATIONAL SOCIETY AND ANOTHER — Appellant Vs. DELHI DEVELOPMENT AUTHORITY AND OTHERS — Respondent ( Before : A.S. Bopanna and Prashant…

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