Supreme Court of India Judgements

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Month: December 2023

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 389 – Suspension of sentence – Appellate Court is unambiguously vested with the power to suspend implementation of the sentence or the order of conviction under appeal and grant bail to the incarcerated convict, for which it is imperative to assign the reasons in writing – In order to suspend the conviction of an individual, the primary factors that are to be looked into, would be the peculiar facts and circumstances of that specific case, where the failure to stay such a conviction would lead to injustice or irreversible consequences

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH AFJAL ANSARI — Appellant Vs. STATE OF UP — Respondent ( Before : Surya Kant, Dipankar Datta and Ujjal Bhuyan, JJ. ) Criminal Appeal…

CBI

Civil Procedure Code, 1908 (CPC) – Order 16 Rule 21 – There is no difference between a party to a suit as a witness and a witness simpliciter – Production of documents for both a party to the suit and a witness as the case may be, at the stage of cross-examination, is permissible within law – Function performed by either a witness or a party to a suit when in the witness box is the same

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOHAMMED ABDUL WAHID — Appellant Vs. NILOFER AND ANOTHER — Respondent ( Before : B. R. Gavai and Sanjay Karol, JJ. ) Civil Appeal…

Bail Declined Prevention of Money Laundering Act

Criminal Procedure Code, 1973 (CrPC) – Section 439 – Penal Code, 1860 (IPC) – Sections 186, 204, 353, 384 and 120-B – Prevention of Money Laundering Act, 2002 – Sections 3, 4 and 45 – Bail – Money Laundering – Merely because accused is a woman should not be granted the benefit of the first proviso to Section 45 of the PMLA and grant bail

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAUMYA CHAURASIA — Appellant Vs. DIRECTORATE OF ENFORCEMENT — Respondent ( Before : Aniruddha Bose and Bela M. Trivedi, JJ. ) Criminal Appeal No.…

Acquittal

Penal Code, 1860 (IPC) – Section 302 and 149 – Murder – Acquittal – Appeal against – A sole eyewitness, happens to be the most interested witness being the father of the deceased and having long enmity with the group to which the accused persons belong, therefore, his testimony was to be examined with great caution and the High Court was justified in doing so and in doubting it so as to uphold the conviction on his solitary evidence

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CHHOTE LAL — Appellant Vs. ROHTASH AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal Appeal No.…

Service Matters
Service

Armed Forces Tribunal Act, 2007 – Sections 14 and 31(1) – Formation of policy – Jurisdiction – A Tribunal functioning within the strict boundaries of the governing legislation, would not have the power to direct the formation of a policy – it cannot be questioned that disputes in respect of promotions and/or filling up of vacancies is within the jurisdiction of the Tribunal, it cannot direct those responsible for making policy, to make a policy in a particular manner.

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. AIR COMMODORE NK SHARMA (17038) ADM/LGL — Respondent ( Before : Abhay S. Oka and Sanjay…

Food Safety and Standards Act

Food Safety and Standards Act, 2006 – Sections 52 and 89 – Prevention of Food Adulteration Act, 1954 – Section 16 – Penalty for misbranded food – Punishment under PFA and the penalty under the FSSA cannot be imposed on the violator for the same misbranding because it will amount to double jeopardy – in such a situation, in view of the overriding effect given to the provisions of the FSSA, the violator who indulges in misbranding cannot be punished under the PFA and he will be liable to pay penalty under the FSSA in accordance with Section 52 thereof.

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANIK HIRU JHANGIANI — Appellant Vs. STATE OF M.P. — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Criminal Appeal…

Service Matters
Service

Service Law – Transfer Order – A person aggrieved by the order of transfer cannot sit at home and decide on his own that the order is illegal or erroneous and he will not comply with the same – If the workman had any grievance, he could have availed of his remedy available against the same; otherwise, he was duty-bound to comply with the same

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH U.P. SINGH — Appellant Vs. PUNJAB NATIONAL BANK — Respondent ( Before : Hima Kohli and Rajesh Bindal, JJ. ) Civil Appeal No. 5494…

Arbitration Contract Act Stamp Act

Stamp Act, 1899 – Section 35 – Contract Act 1872 – Section 2(g) – Arbitration and Conciliation Act 1996 – Sections 8 and 11 – Arbitration – Enforceability of Unstamped Agreements – Unstamped Arbitration Agreements Not Void – Agreements which are not stamped or are inadequately stamped are inadmissible in evidence under Section 35 of the Stamp Act – Such agreements are not rendered void or void ab initio or unenforceable

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA SEVEN JUDGE BENCH IN RE: INTERPLAY BETWEEN ARBITRATION AGREEMENTS UNDER THE ARBITRATION AND CONCILIATION ACT 1996 AND THE INDIAN STAMP ACT 1899 ( Before : Dr…

Acquittal

Penal Code, 1860 (IPC) – Section 304-Part II – Culpable homicide not amounting to murder – The appellant is entitled to an acquittal as the prosecution cannot prove beyond reasonable doubt that the accusation of culpable homicide is not murder – HELD If the evidence is inseparable and attempting to separate it would destroy the prosecution’s foundation, the court can discard the entire evidence – The court must assess the evidence on record, considering the legal limits of separating the evidence and determining if the evidence is sufficient to prove guilt.

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH SEKARAN — Appellant Vs. THE STATE OF TAMIL NADU — Respondent ( Before : B.R. Gavai, Dipankar Datta and Aravind Kumar, JJ. ) Criminal…

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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