Supreme Court of India Judgements

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

Month: November 2023

Bail Declined

Economic Offences – Economic offences are distinct and warrant a unique approach when considering bail – Due to their inherent complexity, deep-rooted conspiracies, and substantial loss of public funds, these offences should be treated seriously – They pose a significant threat to the country’s financial well-being and can have severe repercussions on its overall development – As a result, economic offences are deemed grave and necessitate special consideration in legal matters.

Nov 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH TARUN KUMAR — Appellant Vs. ASSISTANT DIRECTOR DIRECTORATE OF ENFORCEMENT — Respondent ( Before : Aniruddha Bose and Bela M. Trivedi, JJ. ) Criminal…

Environment

Water (Prevention and Control of Pollution) Act, 1974 – Sections 25 and 26 – Air (Prevention and Control of Pollution) Act, 1981 – Section 21 – Grant of Consent to Establish (CTE) – An appeal could have been preferred by the appellant for challenging condition no. 4 by taking recourse to Section 28 of the Water Act and Section 31 of the Air Act – In fact, the judgment of the Appellate Authority shows that the attention of the Appellate Authority was invited to the aforesaid condition no.4 – After having acted upon the ex-post facto CTE dated 18th October 2017, the appellant cannot be allowed to approbate and reprobate.

Nov 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S SWETA ESTATE PVT. LTD. GURGAON — Appellant Vs. HARYANA STATE POLLUTION CONTROL BOARD AND ANOTHER — Respondent ( Before : Abhay S. Oka…

I P C

Penal Code, 1860 (IPC) – Sections 302, 307, and 326 read with Section 120B – Abkari Act, 1077 – Section 55(a), 55 (h), 55 (i) and 57(A)(1)(ii) – Deadly conspiracy of liquor poisoning by mixing noxious substances likely to endanger human life -Conspiracy is when two or more persons agree to do or cause to be done an illegal act or legal act by illegal means – Offence of criminal conspiracy is an exception to the general law, where intent alone does not constitute crime – It is the intention to commit a crime and join hands with persons having the same intention –

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAJEEV — Appellant Vs. STATE OF KERALA — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Criminal Appeal No. 1134…

I P C

Penal Code, 1860 (IPC) – Sections 302 and 149 – Arms Act, 1959 – Section 25 – Murder – Death sentence – Criminal history of the convict by itself cannot be a ground for awarding him death penalty – Past conduct does not necessarily have to be taken into consideration while imposing death penalty – Present case is not a case wherein it can be held that imposition of death penalty is the only alternative

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH MADAN — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : B.R. Gavai, B.V. Nagarathna and Prashant Kumar Mishra, JJ. ) Criminal…

Preventive Detention

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) – Sections 3, 9 and 12A – Detention order – Applicability of Section 9 and Section 12A of COFEPOSA – Order of detention had not been revoked on the report of the Advisory Board or before the receipt of the report of Advisory Board or before making a reference to the Advisory Board –

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THANESAR SINGH SODHI (D) THR. LRS. AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Vikram Nath and…

Contract Act Corporate

Carriage by Air Act, 1972 – Sections 19 and 13(3) – Carrier is liable for damage occasioned by delay in the carriage by air of passengers, luggage or goods – If the carrier admits the loss of the goods, or if the goods have not arrived at the expiration of seven days after the date on which they ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage.

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. RAJASTHAN ART EMPORIUM — Appellant Vs. KUWAIT AIRWAYS AND ANOTHER — Respondent ( Before : A.S. Bopanna and Prashant Kumar Mishra, JJ. )…

Tenders & Contracts

Interpretation of Contract – A commercial document cannot be interpreted in a manner that is at odds with the original purpose and intendment of the parties to the document – A deviation from the plain terms of the contract is warranted only when it serves business efficacy better.

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED — Appellant Vs. RATNAGIRI GAS AND POWER PRIVATE LIMITED AND OTHERS — Respondent ( Before : Dr Dhananjaya…

Service Matters
Service

Service Law – Relaxation – Eligibility qualifications – State had power to relax the eligibility criteria, the same could not have been done mid-stream without giving wide publicity of such change, and opportunity to similarly situated candidates to apply and compete with others

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANKITA THAKUR AND OTHERS — Appellant Vs. THE H.P. STAFF SELECTION COMMISSION AND OTHERS — Respondent ( Before : Manoj Misra and Hrishikesh Roy,…

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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