Supreme Court of India Judgements

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Month: January 2024

Specific Performance

Even if the case of later payments by the respondents to the appellants is accepted, the same being at great intervals and there being no willingness shown by them to pay the remaining amount or getting the Sale Deed ascribed on necessary stamp paper and giving notice to the appellants to execute the Sale Deed, it cannot be said that in the present case, judged on the anvil of the conduct of parties, especially the appellants, time would not remain the essence of the contract – Suit for specific performance dismissed

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ALAGAMMAL AND OTHERS — Appellant Vs. GANESAN AND ANOTHER — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ. ) Civil Appeal No.…

Constitution G S T

Constitution of India, 1950 – Article 366(29A)(d) – Finance Act, 1994 – Section 65(105)(zzzzj) – Transfer of right to use the goods -When the substantial control remains with the contractor and is not handed over to the user, there is no transfer of the right to use the vehicles, cranes, tankers, etc – Whenever there is no such control on the goods vested in the person to whom the supply is made, the transaction will be of rendering service within the meaning of Section 65(105) (zzzzj) of the Finance Act after the said provision came into force.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. K.P. MOZIKA — Appellant Vs. OIL AND NATURAL GAS CORPORATION LTD. AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh…

Constitution

High Court, by the impugned judgment and order, could not have issued a mandamus to the instrumentalities of the State to enter into a contract, which was totally harmful to the public interest – Award of a contract, whether it is by a private party or by a public body or the State, is essentially a commercial transaction – In arriving at a commercial decision, considerations which are paramount are commercial considerations

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAIPUR VIDYUT VITRAN NIGAM LTD. AND OTHERS — Appellant Vs. MB POWER (MADHYA PRADESH) LIMITED AND OTHERS — Respondent ( Before : B.R. Gavai…

Constitution Cr P C

BILKIS BANO – In a case where the trial has been transferred by this Court from a court of competent jurisdiction of a State to a court in another State, it is still the Government of the State within which the offender was sentenced which is the appropriate Government which has the jurisdiction as well as competency to pass an order of remission under Section 432 of the CrPC – Therefore, it is not the Government of the State within whose territory the offence occurred or the convict is imprisoned which can assume the power of remission – Gujarat Government’s order granting remission to 11 convicts is quashed

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BILKIS YAKUB RASOOL — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : B.V. Nagarathna and Ujjal Bhuyan, JJ. ) Writ…

Dying Declaration

Penal Code, 1860 (IPC) – Section 302 read with Section 34 – Murder – Dying declaration – There is no specific material piece of evidence to establish that the deceased was alive or in a position to speak when his brother & mother reached the spot – There is no material to corroborate the said dying declaration – Conviction and sentence is set-aside – Appeal allowed.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JITENDRA KUMAR MISHRA @ JITTU — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : Abhay S. Oka and Pankaj Mithal,…

Acquittal

Penal Code, 1860 (IPC) – Section 302 read with Section 34 – Murder – Circumstantial Evidence – While the principle applicable to circumstantial evidence requires that the facts must be consistent with the hypothesis of the guilt of the accused, in the present case the evidence adduced gives rise to doubts, improbabilities and inconsistencies – Conviction and sentence is set-aside – Appeal allowed.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRADEEP KUMAR — Appellant Vs. STATE OF HARYANA — Respondent ( Before : B.R. Gavai and Pamidighantam Sri Narasimha, JJ. ) Criminal Appeal No.…

Corruption

Criminal Procedure Code, 1973 (CrPC) – Section 319 – Penal Code, 1860 (IPC) – Sections 406, 409, 420, 457 and 380 – Prevention of Corruption Act, 1988 – Sections 13(1)(d) and 13(2) – Summoning order against police officials – Misappropriating of paddy – Corruption – There appears to be prima facie evidence on record to make it a triable case as against the police officials – Summoning order against police officials is upheld – Appeal dismissed.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GURDEV SINGH BHALLA — Appellant Vs. STATE OF PUNJAB AND OTHERS — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. ) Criminal…

Arbitration

Arbitration and Conciliation Act, 1996 – Sections 34 and 37 – Arbitral award – Jurisdiction to modify – Any court under Section 34 would have no jurisdiction to modify the arbitral award – Any attempt to “modify an award” under Section 34 would amount to “crossing the Lakshman Rekha” – Arbitral proceedings are per se not comparable to judicial proceedings before the Court.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH S.V. SAMUDRAM — Appellant Vs. STATE OF KARNATAKA AND ANOTHER — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Civil…

Preventive Detention

(COFEPOSA) – Section 3 – Detention order – Right of detenue to make representation – – No error in the procedure adopted by the respondents as due compliance was made to translate all documents in Bengali apart from persuading the detenue to receive them – In addition, the panchnama was signed by the independent witnesses – Detenue also read the grounds of detention and the relevant documents – Therefore, he was well aware of his right to make a representation – Order of detention is upheld – Appeal dismissed

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SARFARAZ ALAM — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : M.M. Sundresh and Aravind Kumar, JJ. ) Criminal Appeal…

Acquittal

Penal Code, 1860 (IPC) – Sections 302 and 34 – Murder of wife – Circumstantial evidence – If there is a snap in the chain, the accused is entitled to benefit of doubt – If some of the circumstances in the chain can be explained by any other reasonable hypothesis, then also the accused is entitled to the benefit of doubt – Conviction and sentence is set-aside – Appeal allowed.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH DARSHAN SINGH — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : B. R. Gavai, Pamidighantam Sri Narasimha and Aravind Kumar, JJ. )…

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