Supreme Court of India Judgements

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

Month: December 2023

Service Matters
Service

Service Law – Merging of staff from one department to another – Order for merging Adult Education Department staff into Education Department, providing category-wise seniority – The High Court ruled that merging cadres is a policy decision and cannot be interfered with -The State’s actions have been delayed by promotions and retirements, resulting in a lack of service for many – The High Court’s judgment is upheld, and the appeals are dismissed.

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRAFFUL SHUKLA AND OTHERS — Appellant Vs. GOVERNMENT OF MADHYA PRADESH AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

Limitation

Jogighopa (Assam) Unit of Ashok Paper Mills Limited (Acquisition Transfer of Undertaking) Act, 1990, is not governed by the prescription of limitation under Article 116 of the Limitation Act, 1963 – In the absence of any particular period of time being prescribed to file an appeal, the same would be governed by the principle of ‘reasonable time’, for which, by virtue of its very nature, no straitjacket formula can be laid down and it is to be determined as per the facts and

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S NORTH EASTERN CHEMICALS INDUSTRIES (P) LTD. AND ANOTHER — Appellant Vs. M/S ASHOK PAPER MILL(ASSAM) LTD. AND ANOTHER — Respondent ( Before :…

I P C

Multiplicity of proceedings will not be in the larger public interest and State also – It appropriate to exercise power conferred under Article 142 of the Constitution of India to accede to the relief claimed to the extent of consolidation of the FIRs registered in the State of Madhya Pradesh for being tried together as one trial as far as possible.

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AMANAT ALI — Appellant Vs. STATE OF KARNATAKA AND OTHERS — Respondent ( Before : B.R. Gavai and Aravind Kumar, JJ. ) Writ Petition…

State Laws

West Bengal Scheduled Castes and Scheduled Tribes (Identification) Act, 1994 – Section 8A – Cancellation of caste certificate – Jurisdiction of State Scrutiny Committee – HELD the fact remains that it being a procedural law and the matter being still pending before the Committee to be decided on merits after it had opined that the Committee had jurisdiction to deal with even the cases of caste certificate, it could very well be examined by the Committee at this stage – In the view of that matter, it should have been sent back to the Committee only

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S DARVELL INVESTMENT AND LEASING (INDIA) PVT. LTD. AND OTHERS — Appellant Vs. THE STATE OF WEST BENGAL AND OTHERS — Respondent ( Before…

Acquittal

HELD “as the doctor has not certified that the deceased was fit enough to give a statement when Surjit Singh (PW-10) allegedly recorded her dying declaration, the same will have to be discarded. He urged that the first dying declaration has been made before Dr. Manvir Gupta (PW-13), who was the prosecution witness. He stated that the deceased disclosed to him that she herself consumed the aluminium phosphide tablets” the case made out by the prosecution is not free from doubt and, therefore, we have no hesitation in holding that the guilt of the appellant has not been proved beyond a reasonable doubt.

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SURJIT SINGH — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : Abhay S.Oka and Pankaj Mithal, JJ. ) Criminal Appeal No. 565…

Constitution

Constitution of India, 1950 – Article 370 – Abrogation of Special Status for Jammu and Kashmir upheld – State of Jammu and Kashmir does not have ‘internal sovereignty’ which is distinguishable from the powers and privileges enjoyed by other States in the country – Article 370 was a feature of asymmetric federalism and not sovereignty.

Dec 13, 2023 sclaw

SUPREME COURT OF INDIA CONSTITUTION BENCH IN RE: ARTICLE 370 OF THE CONSTITUTION ( Before : Dr Dhananjaya Y Chandrachud, B R Gavai, Sanjay Kishan Kaul, Sanjiv Khanna and Surya…

State Laws

Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947 – Sections 2(4) and 31(2) – Eviction – having purchased the land in the year 2007 after parting with valuable consideration, the appellant cannot be condemned without providing him a full opportunity to put forth his case with supporting evidence – Accordingly, This Court allow this appeal and set aside the orders passed by the Gujarat High Court as well as the orders passed by the authorities and remand the matter for consideration afresh on facts and law.

Dec 10, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KANAIYALAL MAFATLAL PATEL — Appellant Vs. THE STATE OF GUJARAT AND OTHERS — Respondent ( Before : C.T. Ravi Kumar and Sanjay Kumar, JJ.…

Arbitration Constitution

Arbitration and Conciliation Act, 1996 – Section 2(1)(h) read with Section 7 – Arbitration Proceedings – Applicability of Group of Companies Doctrine – Group of Companies doctrine is applicable to arbitration proceedings – Definition of “parties” under Section 2(1)(h) read with Section 7 of the Arbitration Act includes both the signatory as well as non-signatory parties

Dec 10, 2023 sclaw

SUPREME COURT OF INDIA CONSTITUTION BENCH COX AND KINGS LTD. — Appellant Vs. SAP INDIA PVT. LTD. AND ANOTHER — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI., Hrishikesh…

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