Supreme Court of India Judgements

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Month: January 2024

Constitution Cr P C

CHANDRABABU NAIDU -As we have expressed opinions taking different views on the interpretation of Section 17A of the Prevention of Corruption Act, 1988 as also its applicability to the appellant in the subject-case, we refer the matter to the Honble the Chief Justice of India. The Registry to place the papers before the Honble the Chief Justice of India so that appropriate decision can be taken for the constitution of a Larger Bench in this case for adjudication on the point on which contrary opinions have been expressed by us.

Jan 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NARA CHANDRABABU NAIDU Vs. THE STATE OF ANDHRA PRADESH AND ANOTHER ( Before : Aniruddha Bose and Bela M. Trivedi, JJ. ) Criminal Appeal…

Environment

Protection of Chittorgarh Fort – Directions issued – Blasting operations undertaken for limestone extraction resulting in possible damage to the existing structures of the Chittorgarh Fort – Keeping in perspective the continuous exposure of ancient monuments to peak particle velocity (PPV) arising from blasting, a radius of five kilometres from the compound wall of the Fort shall not be subjected to mining by blasting or use of explosives for mining of any minerals

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BIRLA CORPORATION LIMITED THROUGH ITS MANAGING DIRECTOR — Appellant Vs. BHANWAR SINGH AND OTHERS — Respondent ( Before : Sanjiv Khanna and S.V.N. Bhatti,…

C P C

Civil Procedure Code, 1908 (CPC) – Order 8 Rule 10 – Failure to file written statement – Provision of Rule 10 of Order VIII, CPC is by no means mandatory in the sense that a court has no alternative but to pass a judgment in favour of the plaintiff – Since facts are required to be pleaded in a plaint and not the evidence, which can be adduced in course of examination of witnesses, mere failure or neglect of a defendant to file a written statement controverting the pleaded facts in the plaint, in all cases, may not entitle him to a judgment in his favour unless by adducing evidence he proves his case/claim.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH ASMA LATEEF AND ANOTHER — Appellant Vs. SHABBIR AHMAD AND OTHERS — Respondent ( Before : B.R. Gavai, Dipankar Datta and Aravind Kumar, JJ.…

Environment

Himachal Pradesh Town and Country Planning Act, 1977 – Section 18 – Development Plan – – NGT could not have directed the delegatee who has been delegated powers under the TCP Act to enact the regulations, to do so in a particular manner – Development plan, which has been finalized after taking recourse to the statutory provisions and undergoing the rigors thereto, cannot be stalled in entirety thereby putting the entire developmental activities to a standstill.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF HIMACHAL PRADESH AND OTHERS — Appellant Vs. YOGENDERA MOHAN SENGUPTA AND ANOTHER — Respondent ( Before : B.R. Gavai and Aravind…

Environment

National Green Tribunal Act, 2010 – Sections 14, 15 and 18(1) – Environment Pollution – Pollution created by Inland Container Depot (ICD) at Tughlakabad – NGT has inter alia observed that there is an option to restrict the entry of diesel vehicles in the said ICDs at Tughlakabad by diverting these vehicles to the ICDs at Dadri, Rewari, Ballabhgarh, Khatuawas or any other ICD around Delhi so as to control the pollution in Delhi NCR, as if only the people living in Delhi NCR alone are entitled to pollution free atmosphere and not those living in other parts of the country. Such an observation by the NGT is in complete ignorance of the fact that citizens living in other parts of the country other than Delhi NCR also have a fundamental right to a pollution free environment as guaranteed by Article 21 of the Constitution of India.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CONTAINER CORPORATION OF INDIA LTD. — Appellant Vs. AJAY KHERA AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ.…

Constitution Cr P C

Rs 25 LAKHS IMPOSED ON UNSCRUPLOUS LITIGANT – Unnecessary turning of a civil matter into a criminal case not only overburdens the criminal justice system but also violates the principles of fairness and right conduct in legal matters – Unscrupulous litigants should not be allowed to go scot-free – They should be put to strict terms and conditions including costs. It is time to check with firmness such litigation initiated and laced with concealment, falsehood, and forum hunting – Even State actions or conduct of government servants being party to such malicious litigation should be seriously reprimanded – This Court impose costs of Rs. 25 lakhs on respondent-complainant.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DINESH GUPTA — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. )…

Service Matters
Service

Service Law – Recovery of personal/promotional pay scale benefits – Benefit of a personal/promotional pay scale was granted to Appellants/Ayurvedic Medical Officers by the State of Uttarakhand – Benefit was withdrawn under a subsequent decision of the State of Uttarakhand – By the order dated 8th November 2006, the personal time-bound pay scale was granted to the appellants, subject to the condition that if the Government takes any decision to the contrary, the amount will be recovered from the salary of the concerned medical officers – Recovery order upheld – Appeal dismissed.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. BALBIR SINGH BHANDARI — Appellant Vs. THE STATE OF UTTARAKHAND AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj Mithal,…

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