Supreme Court of India Judgements

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Month: October 2023

Property Matters Transfer Of Property Act

Transfer of Property Act, 1882 – Actionable claim – In terms of Section 3 of the TPA, actionable claim means (a) claim to an unsecured debt (other than a debt secured by mortgage of immovable property, hypothecation or pledge (b) beneficial interest in a movable property – Both these are recognised as enforceable – Other claims, however, do not fall within the expression “actionable claim”.

Oct 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INFRASTRUCTURE LEASING AND FINANCIAL SERVICES LTD. — Appellant Vs. HDFC BANK LTD. AND ANOTHER — Respondent ( Before : S. Ravindra Bhat and Dipankar…

Election Laws

Representation of the People Act, 1951 – Sections 33, 36(2)(b) and 100(1)(d)(i) – Election – Rejection of nomination – Appeal – Non-disclosure of properties belonging to deceased husband former Arunachal Pradesh Chief Minister (CM) who had three wives – Appellant was not the legal heir to properties and that only the first wife who would succeed to the properties of the husband if the deceased at the time of death had more than one wife and as such the appellant had no claim whatsoever over the said properties – Legal heir certificate issued in favour of the first wife – Therefore, neither as on the date of the death of the spouse nor on the date of filing the nomination for the election at the first instance in the year 2016 or at the point when the nomination was filed on 22.03.2019, the property left behind by the deceased was claimed by the appellant – Rejection of nomination set aside – Appeal allowed.

Oct 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DASANGLU PUL — Appellant Vs. LUPALUM KRI — Respondent ( Before : A.S. Bopanna and Pamidighantam Sri Narasimha, JJ. ) Civil Appeal No. 3710…

Arbitration

Arbitration and Conciliation Act, 1996 – Sections 34 and 37 – Any award of an arbitrator or a tribunal that seeks to overreach a binding judicial decision, does conflict with the fundamental public policy and cannot, therefore, sustain – A judicial decision of a superior court, which is binding on an inferior court, has to be accepted with grace by the inferior court notwithstanding that the decision of the superior court may not be palatable to the inferior court – This principle, ex proprio vigore, would be applicable to an arbitrator and a multi-member arbitral tribunal as well

Oct 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S UNIBROS — Appellant Vs. ALL INDIA RADIO — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta, JJ. ) Civil Appeal No.…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 12 – Arbitral award – Ground for challenge – Fee increase can be resorted to only with the agreement of parties; in the event of disagreement by one party, the tribunal has to continue with the previous arrangement, or decline to act as arbitrator – Yet, whether the breach of that rule, as in the present case, by insisting that the increase of fee should prevail does not in this court’s opinion, amount to a per se ineligibility, reaching to the level of voiding the tribunal’s appointment, and terminating its mandate

Oct 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CHENNAI METRO RAIL LIMITED ADMINISTRATIVE BUILDING — Appellant Vs. M/S TRANSTONNELSTROY AFCONS (JV) AND ANOTHER — Respondent ( Before : S. Ravindra Bhat and…

Dowry Death

Dying declaration of the deceased would clearly indicate that deceased was mentally traumatized and she was unable to tolerate the torture and harassment meted out by the accused person on account of which she committed suicide – It is this taunting or mental torture which she could not withstand and forced her to commit suicide by self-immolation – Accused persons are liable to be convicted for the offence punishable under Section 306 IPC though charge was not framed – Appellants are acquitted for the offences punishable under Section 304B IPC and Section 3 and 4 of Dowry Prohibition Act and convicted for the offence punishable under Section 306 and Section 498A read with Section 34 IPC and sentenced to imprisonment for the period already undergone – Appeal allowed in part.

Oct 22, 2023 sclaw

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

Land Acquisition

Land Acquisition Act, 1959 – Section 52(2) – Challenge to acquisition – Failure to serve notice under Section 52(2) of the Land Acquisition Act, 1959 – Jurisdiction of Civil Court – Maintainability – Difference of opinions and the distinguishing judgments – Registry is directed to place the matter before Hon’ble the Chief Justice of India for referring the matter to a larger Bench.

Oct 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH URBAN IMPROVEMENT TRUST, BIKANER — Appellant Vs. GORDHAN DASS (D) THROUGH LRS. AND OTHERS — Respondent ( Before : Manoj Misra and Hrishikesh Roy,…

POCSO

Penal Code, 1860 (IPC) – Sections 363, 366-A, 376(A), 376(2)(i), 376(2)(j), 376(2)(k), 376(2)(m), 302 and 201 – Protection of Children from Sexual Offences Act 2012 – Section 6 – Death sentence – Kidnapping, Rape and Murder of 3 months old girl child – Hurried Trial – Prosecution is based on circumstantial evidence in which the prosecution has to prove each link in the chain of circumstantial evidence and the important chains in the link are DNA report, FSL report and Viscera report – Trial has been conducted on day-to-day basis wherein the accused, who was in jail and defended by a counsel from legal aid, was compelled by the Trial Court to produce defence witness of his own in one day – – There was no opportunity, in the real sense, to the appellant to cross-examine the experts – Death sentence sentence set aside – matter is remitted back to the trial court for de novo trial

Oct 22, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH NAVEEN @ AJAY — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : B.R. Gavai, Pamidighantam Sri Narasimha and Prashant Kumar…

Acquittal

Penal Code, 1860 (IPC) – Section 302 – Murder of newborn child – Acquittal – None of the witnesses has seen the convict-appellant throwing the deceased child into the dabri; as hitherto observed, no conclusive proof, of any nature, of relationship had been put forth by the prosecution; no evidence has been led to cast doubt upon the version of the convict – Statement of the doctor is silent on the death of the deceased having occurred prior to or after birth, although in examination in chief, the doctor has deposed that the death of the deceased child was homicidal in nature; however, in the cross-examination, it is admitted that such fact does not form part of the record, thereby calling into question the conclusion itself as it is a vital piece of information that has been omitted – Conviction and sentence set-aside – Appeal allowed.

Oct 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INDRAKUNWAR — Appellant Vs. THE STATE OF CHHATTISGARH — Respondent ( Before : Sanjay Karol and Abhay S. Oka, JJ. ) Criminal Appeal No.1730…

Limitation Rent

Limitation Act, 1963 – Section 5 – West Bengal Premises Tenancy Act, 1997 – Sections 7(1) and 7(2) – Non-payment of arrears of rent – Extension of time – While the Limitation Act may be generally applicable to the proceedings under the Tenancy Act, the restricted proviso under Section 7 of the said Act, providing a time period beyond which no extension can be granted, has to be applicable.

Oct 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DEBASISH PAUL AND ANOTHER — Appellant Vs. AMAL BORAL — Respondent ( Before : Sanjay Kishan Kaul and Sudhanshu Dhulia, JJ. ) Civil Appeal…

Acquittal

Penal Code, 1860 (IPC) – Section 302 – Murder of female colleague – Dying declarations – It is an established principle that a dying declaration, if it is free of tutoring, prompting, etc. can form the sole basis of conviction – For instance, nothing on record indicates- the ownership of a vehicle by the convict-appellant; any disagreement or animosity between the convict-appellant and the deceased, that is of such an extreme nature as to set her on fire; any connection between the convict-appellant and the inflammable substance used to kill the victim such as the record of purchase or statement of any person to show such substance to be in possession of the convict-appellant, etc – Conviction and sentence set aside – Acquittal.

Oct 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ABHISHEK SHARMA — Appellant Vs. STATE (GOVT. OF NCT OF DELHI) — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. )…

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