January 2024 - Supreme Court of India Judgements

December 18, 2024 1:44 pm

Identification of Private Forests – Modification of criteria – Existing criteria for identification of private forests in the State of Goa are adequate and valid, hence, they require no alteration

Jan 28, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH T.N. GODAVARMAN THIRUMULPAD AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : B.R.Gavai, Aravind Kumar and Prashant Kumar…

Corporate

A clear reading and interpretation of the proviso to Section 15 of the Societies Registration Act, 1860 would disentitle such defaulting members from being given any notice even if their membership was not terminated or ceased

Jan 28, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ADV BABASAHEB WASADE AND OTHERS — Appellant Vs. MANOHAR GANGADHAR MUDDESHWAR AND OTHERS — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ.…

Direct Taxation Income Tax Act

Income Tax Act, 1961 – Sections 139 and 147 – A return filed without the regular balance sheet and profit and loss account may be a defective one but certainly not invalid – A defective return cannot be regarded as an invalid return –

Jan 28, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S MANGALAM PUBLICATIONS, KOTTAYAM — Appellant Vs. COMMISSIONER OF INCOME TAX, KOTTAYAM — Respondent ( Before : B.V. Nagarathna and Ujjal Bhuyan, JJ. )…

I P C

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Sections 420, 468, 471 read with Section 34 – Passports Act, 1967 – Section 12(b) – Quashing of FIR – Wife forged her husband’s signatures in order to obtain a passport for their minor child – In order to attract the provisions of Section 420 IPC, the prosecution has to not only prove that the accused has cheated someone but also that by doing so, he has dishonestly induced the person who is cheated to deliver property – FIR quashed – Appeal allowed.

Jan 28, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MARIAM FASIHUDDIN AND ANOTHER — Appellant Vs. STATE BY ADUGODI POLICE STATION AND ANOTHER — Respondent ( Before : Surya Kant and Dipankar Datt,…

Constitution Cr P C

Mandatorily mention in a application for grant of bail: 1. Details and copies of order(s) passed in the earlier bail application(s) filed by the petitioner which have been already decided. 2. Details of any bail application(s) filed by the petitioner, which is pending either in any court, below the court in question or the higher court, and if none is pending, a clear statement to that effect has to be made 3. The registry of the court should also annex a pending bail application(s) in the crime case in question -4. It should be the duty of the Investigating Officer/any officer assisting the State Counsel in court to apprise him of the order(s), if any, passed by the court with reference to different bail applications or other proceedings in the same crime case

Jan 21, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KUSHA DURUKA — Appellant Vs. THE STATE OF ODISHA — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. ) Criminal Appeal No.…

Joint Family Property Will & Succession

Hindu Succession Act, 1955 – Section 16 – Partition Suit – Entitlement of share to the children of void or voidable marriages – If a marriage is considered void or invalid, the children born from that marriage still have a legal right to inherit their parent’s property

Jan 21, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJA GOUNDER AND OTHERS — Appellant Vs. M. SENGODAN AND OTHERS — Respondent ( Before : M.M. Sundresh and S.V.N. Bhatti, JJ. ) Civil…

Anticipatory Bail Bail Granted

Anticipatory Bail – Breach of contract – Civil Dispute – Mere breach of contract does not amount to an offence under Section 420 or Section 406 of the Indian Penal Code, 1860, unless fraudulent or dishonest intention is shown right at the beginning of the transaction – Any effort to settle civil disputes and claims, which do not involve any criminal offence, by applying pressure through criminal prosecution should be deprecated and discouraged – Anticipatory bail granted.

Jan 21, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAY SHRI AND ANOTHER — Appellant Vs. STATE OF RAJASTHAN — Respondent ( Before : Sanjiv Khanna and Dipankar Datta, JJ. ) Criminal Appeal…

Acquittal

Criminal Procedure Code, 1973 (CrPC) – Section 227 – Penal Code, 1860 (IPC) – Sections 341, 323 and 302 – Murder – Discharge – As per post-mortem report death of the deceased was natural – No injury was found on the chest or any other part of the body of the deceased – Order of discharge upheld.

Jan 21, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAMALINGAM AND OTHERS — Appellant Vs. N. VISWANATHAN — Respondent ( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. ) Criminal Appeal No.…

Service

Assam Police Act, 2007 – Section 14(2) – Assam Police Manual – Rule 63(iii) – Deputy Commissioner would not be competent to assess the overall performance of Superintendent of Police (SP) – Rule 63(iii) of Assam Police Manual invalid on the ground that it is in direct conflict with Section 14(2) of the Assam Police Act, 2007

Jan 21, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF ASSAM AND OTHERS — Appellant Vs. BINOD KUMAR AND OTHERS — Respondent ( Before : Aniruddha Bose and Sanjay Kumar, JJ.…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Sections 197 and 482 – Penal Code, 1860 (IPC) – Sections 409, 419, 420, 423, 465, 466, 467, 468, 471 and 473 – Fabrication of records – Sanction for prosecution – Section 197 Cr.PC does not extend its protective cover to every act or omission of a public servant while in service – It is restricted to only those acts or omissions which are done by public servants in the discharge of official duties – Certainly, a view can be taken that manufacturing of such documents or fabrication of records cannot be a part of the official duty of a public servant

Jan 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHADAKSHARI — Appellant Vs. STATE OF KARNATAKA AND ANOTHER — Respondent ( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. ) Criminal Appeal…

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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

Month: January 2024

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