Supreme Court of India Judgements

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

Month: February 2024

Cr P C

By passing such orders of staying the investigations and restraining the investigating agencies from taking any coercive measure against the accused pending the petitions under Section 482 Cr.PC, the High Court has granted blanket orders restraining the arrest without the accused applying for the anticipatory bail under Section 438 of Cr.PC

Feb 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DIRECTORATE OF ENFORCEMENT — Appellant Vs. NIRAJ TYAGI AND OTHERS — Respondent ( Before : Bela M. Trivedi and Prasanna B. Varale, JJ. )…

I B C

Insolvency and Bankruptcy Code, 2016 – Sections 31(1) and 60 – National Company Law Tribunal Rules, 2016 – Rule 11 – Inherent Powers – Recall of Resolution Plan approval order passed under Sec. 31(1) of IBC – Recall application was maintainable notwithstanding that an appeal lay before the NCLAT against the order of approval passed by the Adjudicating Authority – A Court or a Tribunal, in absence of any provision to the contrary, has inherent power to recall an order to secure the ends of justice and/or to prevent abuse of the process of the Court

Feb 25, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY — Appellant Vs. PRABHJIT SINGH SONI AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., J.…

Election Laws

Representation of the People Act, 1951 – Sections 80, 81, 83, 84, 100, 101 and 123 – Corrupt practice – Use of picture of Lord Ayyappa in voting slips – Maintainability of election petition – Non-compliance with the requirements of Section 83 of the Act of 1951 is not fatal, as Section 86(1) thereof only speaks of non-compliance with Sections 81, 82 or 117 being the basis for dismissal of an election petition at the outset

Feb 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH K. BABU — Appellant Vs. M. SWARAJ AND OTHERS — Respondent ( Before : Aniruddha Bose and Sanjay Kumar, JJ. ) Civil Appeal No.…

Acquittal

Court is not expected to reject the testimony of an interested witness, however, when the testimony is full of contradictions and fails to match evenly with the supporting evidence (the wound certificate, for instance), a Court is bound to sift and weigh the evidence to test its true weight and credibility – High Court had erred in reversing the decision of acquittal – Acquittal order passed by Trial Court restored – Appellants are acquitted from all the charges – Appeal allowed.

Feb 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MALLAPPA AND OTHERS — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : Bela M. Trivedi and Satish Chandra Sharma, JJ. ) Criminal…

Service Matters
Service

No finding has been recorded by the authorities that the army personnel had as of fact, produced such certificates or that their explanation claiming that no such certificates were furnished by them is completely false – In effect, the authorities have not dealt with the explanations/claims of army personnel – Army personnel shall be reinstated with all consequential benefits – Appeals allowed.

Feb 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NO.2809759H EX-RECRUIT BABANNA MACHCHED — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Bela M. Trivedi and Pankaj Mithal, JJ.…

Corporate

Refer a complaint for misconduct to the Disciplinary Committee – Rule 9(3)(b) of the Chartered Accountants (Procedure of Investigation of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 falls within the scope of the general delegation of power under Section 29A(1).

Feb 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NARESH CHANDRA AGRAWAL — Appellant Vs. THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA AND OTHERS — Respondent ( Before : Pamidighantam Sri Narasimha and…

Election Laws

Disqualification of Candidate as a Member of Panchayat – Candidate stood automatically disqualified as a Member since he failed to produce the Validity Certificate within 12 months from the date of his election – The protective umbrella of Section 3 of the Temporary Extension Act, 2023 will not be available to candidate since he is hit by Section 3(2)(b), for the reason that there was no valid application pending on the date of the commencement of the said Act.

Feb 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUDHIR VILAS KALEL AND OTHERS — Appellant Vs. BAPU RAJARAM KALEL AND OTHERS — Respondent ( Before : Vikram Nath and K.V. Viswanathan, JJ.…

Acquittal

It is very difficult to connect any accused with the injuries sustained by the deceased in the absence of any cogent evidence – Therefore, it is not possible to uphold the conviction for the offence punishable under Section 302 of the IPC – Conviction and sentence set-aside – Appeal allowed.

Feb 25, 2024 sclaw

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

Property Matters

Punjab Pre-emption Act, 1913 – Section 8(2) – Right to pre-emption – It has been issued in exercise of powers conferred under Section 8(2) of the 1913 Act, which enables the State Government to declare by notification either no right of pre-emption or only limited right will exist in any local area or with respect to any land or property or class of land or property – it is abundantly clear that the land and the immovable property are two different terms. The immovable property is more than the land on which certain construction has been made. Guidance can also be taken from the definition of immovable property, as provided in Section 3(26) of the General Clauses Act, 1897, which includes land, means something more than the land.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAGMOHAN AND ANOTHER — Appellant Vs. BADRI NATH AND OTHERS — Respondent ( Before : C.T. Ravikumar and Rajesh Bindal, JJ. ) Civil Appeal…

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