Supreme Court of India Judgements

46670 Judgements hosted as on 9/12/2024 - Search (FREE), Subscribe, Read & Download

Month: November 2023

I P C

(CrPC) – Sections 482, 378 and 407 – Penal Code, 1860 (IPC) – Sections 448, 454 and 380 – Theft – Discharge application – When coupled with the fact that the police did not find any offences having been made out against the appellants under Sections 454 and 380, IPC, the case against the appellants under Section 448, IPC finds itself on shaky ground – There is no suspicion, much less strong or grave suspicion that the appellants are guilty of the offence alleged

Nov 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VISHNU KUMAR SHUKLA AND ANOTHER — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Vikram Nath and Ahsanuddin…

Service Matters
Service

Promotion by selection through LDCE vis-à-vis competitive examination is a facility or a chance given for out of their promotion without waiting for the normal course of promotion – It in effect is selection through competitive examination within the limited category of candidates and cannot be equated with normal promotion – This being the position, the argument that regular promotion criteria had to be applied with regard to medical fitness even in the matter of selection through LDCE is not acceptable

Nov 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PAVNESH KUMAR — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Civil…

Education

Right of Children to Free and Compulsory Education Act, 2009 – Section 23(1) – Appointment of teachers for Class I to VIII – Government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point, it can fill up the gaps and supplement the rules and issue instructions not inconsistent with the rules already framed – An authority cannot issue orders/office memorandum/executive instructions in contravention of the statutory rules

Nov 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAIVEER SINGH AND OTHERS — Appellant Vs. THE STATE OF UTTARAKHAND AND OTHERS RESPONDENT ( Before : B.R. Gavai and Prashant Kumar Mishra, JJ.…

I P C

(IPC) – Sections 307, 323 and 324 – Attempt to murder – Intention of the accused can be ascertained from the actual injury, if any, as well as from surrounding circumstances – the injuries on complainant and his mother have been found to be simple in nature, which is an additional point in the appellants’ favour – Only offences under Sections 323 and 324 of the IPC can be made out – Conviction under Section 307, IPC is unsustainable

Nov 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SIVAMANI AND DINESH KUMAR — Appellant Vs. STATE REPRESENTED BY INSPECTOR OF POLICE — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ.…

Acquittal Narcotics

(CrPC) – Section 313 – NDPS,1985 – Indeed, the appellant may not have earlier raised the issue regarding the inadequacy of examination under Section 313 of CrPC – However, in this case, the omission goes to the root of the matter as far as the appellant is concerned – Appellant has undergone incarceration of five and a half years – If, after the lapse of more than twenty­two years, he is again subjected to examination under Section 313 of CrPC, it will cause prejudice to him – Appellant’s conviction cannot be sustained – Appeal allowed.

Nov 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NABABUDDIN @ MALLU @ ABHIMANYU — Appellant Vs. STATE OF HARYANA — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. )…

Cr P C

Quashing of FIR – Mixing hydrocarbons in different proportions by using mixing machines create a mixture that looks exactly like petrol and diesel – Non-production an expert’s report -Unless there was a material forming part of the charge­sheet to show the nature of the liquid, no offence is made out – Now, it is too late for the State to file a report after a gap of more than two years – FIR quashed – Appeal allowed.

Nov 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SURESH AND OTHERS — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal…

You missed

Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw