Supreme Court of India Judgements

46448 Judgements hosted as on 05/05/2024 - Search (FREE), Subscribe, Read & Download

Month: January 2024

I P C

The court found the prosecution’s guilt beyond a reasonable doubt for kidnapping, attempted murder, and robbery, but had doubts about the evidence’s sufficiency to prove the intention of demanding ransom. The court acquitted the appellants of the charge under Section 364A of the IPC while upholding their convictions for other offences.

Jan 11, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEERAJ SHARMA AND OTHERS — Appellant Vs. STATE OF CHHATTISGARH AND OTHERS — Respondent ( Before : Sudhanshu Dhulia and Satish Chandra Sharma, JJ.…

Cr P C

Penal Code, 1860 (IPC) – Sections 376 and 506 – Rape – Quashing of FIR – The appellant’s main argument was that the prosecution against him was an abuse of process of law – consensual relationship – the Supreme Court set aside the High Court’s judgment and quashed the FIR against the appellant – Appeal Allowed

Jan 11, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AJEET SINGH — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. )…

Cheque Dishonour

Negotiable Instruments Act, 1881 – Section 138 – Cheque Bounce – Default in payment of agreed amount – Violation of undertaking given before the High Court and further violated the condition contained in the order granting extension of time to comply – Order cancelling the order of suspension of sentence and bail is upheld.

Jan 11, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SATISH P. BHATT — Appellant Vs. THE STATE OF MAHARASHTRA AND ANOTHER — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. )…

Registration Act

Registration Act, 1908 – Section 47 – Time from which registered document operates – Sale operated from the date of execution of the original sale deed, despite the alteration made before registration without the buyer’s consent – This was because the full consideration was paid on the date of execution, and Section 47 of the Registration Act applies to make the sale deed operate from that date.

Jan 11, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KANWAR RAJ SINGH (D) TH. LRS. — Appellant Vs. GEJO. (D) TH.LRS AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj…

Constitution Service

Article 229 of the Constitution does not grant the Chief Justice the power to make rules regarding the post-retiral benefits of former judges – The State Government has the legislative power to make laws regarding the post-retiral benefits of its employees, including former High Court judges.

Jan 3, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH THE STATE OF UTTAR PRADESH AND OTHERS — Appellant Vs. ASSOCIATION OF RETIRED SUPREME COURT AND HIGH COURT JUDGES AT ALLAHABAD AND OTHERS —…

Corporate SEBI

“The SEBI, and the investigative agencies of the Union government, shall probe into whether the loss suffered by Indian investors due to the conduct of the Hindenburg research and any other entities in taking short position involved any infraction of law, and if so, suitable action shall be taken.”

Jan 3, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH VISHAL TIWARI — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., J.B. Pardiwala and Manoj…

Service Matters
Service

The appellant had filled in 08.12.1997 as his date of birth, while his actual date of birth is 18.12.1997 – SCOI allowed the appeal, holding that the error in the application form was a trivial error and did not justify the cancellation of the appellant’s candidature: – The Supreme Court’s reasoning is based on the following principles: a. De minimis non curat lex – The law does not concern itself with trifles. b. Candidacy cancellation for trivial errors is not justified. c. No prejudice caused to the state due to the error.

Jan 3, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VASHIST NARAYAN KUMAR — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. )…

You missed

I P C

Penal Code, 1860 (IPC) – Sections 120-B read with Section 420 – Cheating – The case involves fraudulent transactions by accused in connivance with Indian Bank officials resulting in interest-free advances to the petitioners – The main issue is whether the petitioners were involved in cheating the bank and if they availed any undue benefit from the fraudulent transactions – The petitioners argued that they were not involved in the cheating, had not availed any undue benefit, and that the transactions were normal business dealings – The court dismissed the Special Leave Petitions, upholding the Trial Court’s conviction of the petitioners for cheating the bank through unauthorized transactions.

May 5, 2024 sclaw
Limitation

Limitation Act, 1963 – Section 5 – Condonation of Delay – Delay of 1663 days – The State of U.P. filed a SLP against an order dated 13.11.2009 by the Allahabad High Court, with a delay of 1,633 days – The main issue was the condonation of the significant delay in filing the SLP – The State argued that the delay was due to the time taken for obtaining legal opinion and permissions, and later, the realization that the appeal was not filed initially – The application for condonation of delay was dismissed, and consequently, the SLP was also dismissed – The court found the explanation for the delay unsatisfactory, especially since the State was aware of the High Court’s order when it was passed – The court did not find sufficient cause to condone the delay, leading to the dismissal of the SLP.

May 5, 2024 sclaw
Property Matters

Partition Suit – The dispute involves partition of properties left by Late ‘R’ with the main contention over roof rights of a property in Kota and another in Jaipur – The primary issue is the valuation of roof rights for further construction and the equal distribution of property among co-sharers – The appellants argue that the valuation report failed to assess the value of roof rights, which would affect the overall property valuation and entitlement of co-sharers – The respondents maintain that the property valuation and shares were appropriately determined by the approved Valuer and upheld by both the Trial Court and High Court – The Supreme Court dismissed the appeal, finding no merit in revaluating the property or altering the determined shares of the parties – The Court emphasized the importance of family ties over property disputes and suggested alternative dispute resolution methods for amicable settlements – The Court referenced the case of Afcons Infrastructure Limited vs. Cherian Varkey Construction Company Private Limited, advocating for ADR in family-related property disputes – The Supreme Court concluded that revisiting the valuation and partition would only prolong litigation and upheld the decisions of the lower courts.

May 5, 2024 sclaw
Constitution Municipal Laws

West Bengal Municipal(Building) Rules, 2007 – Rule 50 – Open spaces for building in areas other than municipalities in hill areas – The appellants challenge the High Court of Calcutta’s order regarding a contempt petition related to their residential property construction and its compliance with Rule 50 of Rules, 2007 – The appellants argue that the writ petition was a private matter and should not have been entertained by the High Court – They also claim that municipal authorities are unfairly pressuring them due to the contempt proceedings – The respondent claims that the appellants violated the sanctioned building plan, justifying the High Court’s direction for an enquiry – The Supreme Court allowed the appellants to challenge the enquiry report and show cause notice, ensuring their objections would be considered objectively without prejudice from the contempt or writ proceedings – The court expressed reservations about the High Court’s exercise of writ jurisdiction in a private dispute and suggested the civil court as the appropriate forum for grievances – The appeal was disposed of with the appellants given the liberty to challenge the enquiry report and show cause notice, without cost order.

May 5, 2024 sclaw