February 2024 - Page 3 of 5 - Supreme Court of India Judgements

November 22, 2024 8:06 am

Deposition would reveal that after the other accused assaulted the deceased with sword, A-3 came thereafter and assaulted the deceased with stone lying there – Prosecution has not been in a position to establish that A-3 shared the common intention with the other accused to cause the murder of the deceased – Appeal of A-3 is allowed by altering the conviction under Section 302 to Section 304 Part II IPC.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VELTHEPU SRINIVAS AND OTHERS — Appellant Vs. STATE OF ANDHRA PRADESH (NOW STATE OF TELANGANA) AND ANOTHER — Respondent ( Before : B.R. Gavai…

I P C

Rape with a 7 year old girl in temple – Petitioner-convict was aged 40 years on the date of occurrence and he took the victim to a temple, unmindful of the holiness of the place disrobed her and himself and then committed the crime – in terms of the provisions under Section 376 AB, IPC when a sentence of imprisonment for a term not less than 20 years which may extend upto life imprisonment is imposed, the convict is also liable to suffer a sentence of fine which shall be just and reasonable to meet the medical expenses and rehabilitation of the victim – Conviction under Section 376 AB, IPC was upheld with the sentence modified to 30 years of rigorous imprisonment – Petition partly allowed.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHAGGI @ BHAGIRATH @ NARAN — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : C.T. Ravikumar and Rajesh Bindal, JJ.…

Customs & Excise

Under sub-section (1) of Section 75A of the Customs Act, where duty drawback is not paid within a period of three months from the date of filing of claim, the claimant would be entitled to interest in addition to the amount of drawback -Since there was belated refund of the duty drawback to the respondent, it was entitled to interest at the rate which was fixed by the Central Government at the relevant point of time being fifteen percent.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. M/S. B. T. PATIL AND SONS BELGAUM (CONSTRUCTION) PVT. LTD. — Respondent ( Before : Abhay…

POCSO

Accused-appellant also providing for the day-to-day expenses of the victim and her child and therefore, further imprisonment will impact not only his family but also the victim’s – Ends of justice would be met if the period of imprisonment awarded against the accused-appellant is reduced to the period already undergone by him – Conviction u/s. u/S. 3(a) r/w Sec. 4 of the POCSO Act, 2012 is hereby confirmed – Sentence imposed by the Sessions Court and confirmed by the High Court is hereby modified and reduced to the period already undergone – Appeal allowed in part.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJASEKAR — Appellant Vs. THE STATE REP. BY THE INSPECTOR OF POLICE — Respondent ( Before : Vikram Nath and Satish Chandra Sharma, JJ.…

I P C

Penal Code, 1860 (IPC) – Sections 323 and 325 – Grievous injury – Reduction of sentence – Taking into consideration the totality of circumstances, coupled with the fact that underlying incident occurred in 2010, the appeal is allowed in part and the Impugned Order is modified to the extent that the Appellants’ sentence is reduced to the period already undergone i.e., 1 (one) month; and 3 (three) days.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ABDUL JABBAR — Appellant Vs. THE STATE OF HARYANA AND OTHERS — Respondent ( Before : Vikram Nath and Satish Chandra Sharma, JJ. )…

I P C

Penal Code, 1860 (IPC) – Sections 420, 498A and 506 – Dowry Prohibition Act, 1961 – Sections 3 and 4 – Quashing of criminal proceedings – Phenomenon of false implication by way of general omnibus allegations in the course of matrimonial disputes is not unknown to this Court – A bare perusal of the complaint, statement of witnesses’ and the charge-sheet shows that the allegations against the Appellants are wholly general and omnibus in nature; even if they are taken in their entirety, they do not prima facie make out a case against the Appellants

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAMIDI ANIL KUMAR REDDY — Appellant Vs. THE STATE OF ANDHRA PRADESH AND ANOTHER — Respondent ( Before : Vikram Nath and Satish Chandra…

Service

Gujarat Civil Services (Pension) Rules, 2022 – Rule 25 – Pension – It is well settled that pension scheme(s) floated by the State Government form a part of delegated beneficial legislation; and ought to be interpreted widely subject to such interpretation not running contrary to the express provisions of the Pension Rules – Furthermore, it would be relevant to underscore that the State Government is a model employer; and ought to uphold principles of fairness and clarity.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VINOD KANJIBHAI BHAGORA — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : Vikram Nath and Satish Chandra Sharma, JJ. )…

Service

Jharkhand Superior Judicial Service (Recruitment, Appointment and Conditions of Service) Rules, 2001 – Rules 11, 14 and 30 – Judicial Service – Change of Selection criteria – Selection process of District Judge Cadre – Part of the Full Court Resolution of the Jharkhand High Court dated 23.03.2023 by which it was decided that only those candidates who have secured at least 50% marks in aggregate shall be qualified for appointment to the post of District Judge is quashed – Writ petitions allowed.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUSHIL KUMAR PANDEY AND OTHERS — Appellant Vs. THE HIGH COURT OF JHARKHAND AND ANOTHER — Respondent ( Before : Aniruddha Bose and Sanjay…

I P C

Penal Code, 1860 (IPC) – Section 302 IPC read with Section 149 – Murder – Unlawful Assembly with Common Object – An overt act of some of the accused persons of an unlawful assembly with the common object to kill the deceased and to cause grievous hurt to the other family members is enough to rope in all of them for an offence under Section 302 IPC in aid with Section 149 IPC

Feb 6, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HAALESH @ HALESHI @ KURUBARA HALESHI — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ.…

SARFAESI

Security Interest (Enforcement) Rules, 2002 – Rule 9(5) – Contract Act, 1872 – Sections 73 and 74 – Forfeiture of earnest-money deposit by the secured creditor – Constitutional validity of Rule 9(5) of the SARFAESI Rules is upheld – Any dilution of the forfeiture provided under Rule 9(5) of the SARFAESI Rules would result in the entire auction process under the SARFAESI Act being set at naught by mischievous auction purchaser(s) through sham bids, thereby undermining the overall object of the SARFAESI Act of promoting financial stability, reducing NPAs and fostering a more efficient and streamlined mechanism for recovery of bad debts

Feb 6, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH THE AUTHORISED OFFICER, CENTRAL BANK OF INDIA — Appellant Vs. SHANMUGAVELU — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., J.B. Pardiwala and…

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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

Month: February 2024

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