Supreme Court of India Judgements

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Month: September 2023

Preventive Detention

An order of detention under section 3(1) of the Act can only be issued against a detenu to prevent him “from acting in any manner prejudicial to the maintenance of public order”. “Public order” is defined in the Explanation to section 2(a) of the Act as encompassing situations that cause “harm, danger or alarm or a feeling of insecurity among the general public or any section thereof or a grave wide-spread danger to life or public health” – Order of detention quashed.

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AMEENA BEGUM — Appellant Vs. THE STATE OF TELANGANA AND OTHERS — Respondent ( Before : Surya Kant and Dipankar Datta, JJ. ) Criminal…

I P C

It can be seen that 39 years have passed since the date of offence and both the other accused persons have come to be acquitted – There are no criminal antecedents of accused-appellant that have been brought on record – Further, from the record, it cannot be said that the accused-appellant acted in a premeditated manner, whatsoever – Sentence reduced to 3 years from 5 years

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRAMOD KUMAR MISHRA — Appellant Vs. THE STATE OF U.P. — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Criminal…

Property Matters

Dispute over the allocation of a residential plot to Mr. ‘K’ and subsequent attempts to cancel the sale deed – Arbitration -‘K’ successors challenged this decision in a writ petition, and the High Court ruled in their favor, finding that the society had failed to provide evidence of the alleged violations – The society appealed this decision, but this Court concluded that their appeal lacked merit and dismissed it.

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PURUSHOTTAM BAGH SAHKARI AWAS SAMITI LTD. — Appellant Vs. SRI SHOBHAN PAL SINGH AND ANOTHER ETC. — Respondent ( Before : Abhay S. Oka…

Service Matters
Service

Uttar Pradesh Subordinate Offices Ministerial Group “C” Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001 – Rule 5 – An affidavit revealed vacancies, and in light of this, This Court directed the promotion of four candidates based on their education qualifications – This decision was not to set a precedent, and the appeal was allowed without any cost orders.

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJENDRA PRASAD AND OTHERS — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

Cr P C

Section 162 of the CrPC which prevents a Trial Judge from independently examining the contents of a chargesheet suo motu and himself using the statement of a person examined by the police recorded therein for the purpose of contradicting such person when he gives evidence in favour of the State as a prosecution witness

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH MUNNA PANDEY — Appellant Vs. STATE OF BIHAR — Respondent ( Before : B.R. Gavai, J.B. Pardiwala and Prashant Kumar Mishra, JJ. ) Criminal…

Service Matters
Service

Considering the facts and circumstances of the case and in order to do complete justice, the appellant will be entitled to all the service benefits including seniority, consequential promotions and pensionary benefits at par with his juniors, though notionally, since he superannuated on 30.06.2007 and has not worked on the promoted post.

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH L.R. PATIL — Appellant Vs. GULBARGA UNIVERSITY, GULBARGA — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. ) Civil Appeal No. 3254…

Joint Family Property Will & Succession

Hindu Succession Act, 1956 – Section 6 – Devolution of interest in coparcenary property – In order to ascertain the shares of the heirs in the property of a deceased coparcener, the first step is to ascertain the share of the deceased himself in the coparcenary property and Explanation 1 to Section 6 provides a fictional expedient, namely, that his share is deemed to be the share in the property that would have been allotted to him if a partition had taken place immediately before his death

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DERHA — Appellant Vs. VISHAL AND ANOTHER — Respondent ( Before : C.T. Ravikumar and Sanjay Kumar, JJ. ) Civil Appeal No. 4494 of…

Service Matters
Service

Scientific and Technical Group “A” (Gazetted) posts in the Ministry of Information Technology (in-situ Promotion under Flexible Complementing Scheme) Rules, 1998 – Rule 4(b) – For striking down the provisions of law or for declaring any rules as ultra vires, specific pleading to challenge the rules and asking of such relief ought to be made.

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. MANJURANI ROUTRAY AND OTHERS — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. )…

Education

NEET PG – Rejection of candidature to Post Graduate Medical Seat – Petitioner is a U.S. National holds an Overseas Citizen of India card by the All India Institute of Medical Sciences (AIIMS) – Eligibility to claim the benefit of Overseas Citizen of India (OCI) card holder is undeniable – Rejection of her candidature is not supportable in law

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PALLAVI — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ. ) Writ Petition…

You missed

C P C

A party should not suffer due to the negligence of their counsel, and a restoration application under Order IX Rule 13 of the CPC can serve as an application for condonation of delay if it explains the reasons for the delay, so that courts should focus on the merits of a case rather than being hindered by procedural technicalities A. Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — An application under Order 9 Rule 13 can also serve as an application for condonation of delay — The court cites Bhagmal and Ors Vs. Kunwar Lal and Others, to support its finding that where the delay in filing an application under Order 9 Rule 13 of the CPC is explained within the application itself, there is no need for a separate application for condonation of delay — The court emphasizes that the procedure is a handmaid of justice, and hyper-technical interpretations of rules should not stand in the way of achieving a just outcome.

Dec 28, 2024 sclaw
Anticipatory Bail

Anticipatory bail should not be granted routinely, especially in serious offenses like murder, and that courts must consider the severity of the charges, the evidence, and the materials on record, including the charge sheet Penal Code, 1860 (IPC) — Section 302 — Murder — The Supreme Court overturned the Patna High Court’s decision to grant anticipatory bail to respondents in a murder case — The case originated from an incident where the appellant’s nephew was allegedly set on fire by the respondents — The court emphasized that anticipatory bail should not be granted mechanically, particularly in severe offenses like murder, and the High Court had erred in not considering the gravity of the charges and the evidence, including the charge sheet which stated that the case against the accused persons was found to be true — The Supreme Court directed the respondents to surrender to the trial court and apply for regular bail, to be considered on its merits — The Supreme Court’s decision underscores the importance of a thorough review of case details and allegations before granting anticipatory bail, especially in cases of serious crimes.

Dec 28, 2024 sclaw
Service

Service Law — Regularization of services for long-term, part-time employees — The court found that the appellants’ continuous service for over a decade, performing essential duties, should not be disregarded simply because their initial appointments were labeled as part-time or contractual — The court noted the indispensable nature of their work, the lack of any performance issues, and that their duties were similar to those of regular employees — The court emphasized that the nature of their work was perennial and fundamental, requiring their classification as regular posts — The court also found that the appellants’ abrupt termination was unjustified and violated principles of natural justice, and the argument against their regularization based on educational qualifications was untenable — The court noted discriminatory practices as other employees with similar or shorter service had been regularized — The court clarified that the Uma Devi judgment was not intended to penalize employees who have served long years in essential roles and that “irregular” appointments should be considered for regularization, especially when they are not “illegal” and the employees have served continuously against sanctioned functions.

Dec 28, 2024 sclaw
Child Custody Matrimonial

For best interest and welfare of the child are the paramount considerations when determining visitation rights A. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The paramount consideration when determining visitation rights is the best interest and welfare of the child — This principle takes precedence over the rights of the parents — The court emphasizes that a child’s health and well-being must not be compromised in the process of adjudicating parental rights. B. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Both parents have a right to the care, company, and affection of their child — However, this right is not absolute and must be balanced with the need to protect the child’s welfare — In this case, the court acknowledges the father’s right to visit his daughter but ensures that these visits do not negatively impact the child. C. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Matrimonial disputes and serious allegations between parents should not impede a child’s right to the care and company of both parents — The court separates the child’s welfare from the conflict between the parents. D. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Visitation arrangements must not cause undue hardship to the child — The court modified the High Court’s order, which required the child to travel 300 kilometers every Sunday, as it was deemed detrimental to the child’s health and well-being. E. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The location for visitation must be convenient and in the best interest of the child — The court changed the visitation location from Karur to Madurai, which is closer to the child’s residence, in order to prioritize the child’s comfort and convenience. F. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Supervised visitation may be necessary, especially for young children — The court directed that the father’s visits should occur in a public place, with the mother present (though at a distance), due to the child’s young age and unfamiliarity with the father.

Dec 28, 2024 sclaw