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

May 20, 2024 2:52 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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I P C

Penal Code, 1860 (IPC) – Sections 376(2)(g) and 506(1) – Tamil Nadu Prevention of Women Harassment Act, 1998 – Section 4 – Gang Rape – The victim’s testimony, along with her mother and aunt’s statements, was consistent with the initial complaint and corroborated by medical evidence – The defense argued that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – Whether the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The inconsistencies in the witnesses’ testimonies were not significant and did not affect the overall credibility of the evidence – The court dismissed the appeal and upheld the conviction of the appellant for gang rape and related charges – The court rejected the defense’s argument that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The court found that the evidence presented was sufficient to convict the appellant for gang rape and related charges – The Supreme Court found that the evidence presented was sufficient to convict the appellant and rejected the defence’s arguments regarding inconsistencies in the witnesses’ testimonies.

May 12, 2024 sclaw

Limitation

Dismissal of Civil Suit – Condonation of delay – Standing to file an application – The court clarified that only parties to a suit or those who have accrued a right in the lis can file an application for condonation of delay in filing an application for restoration of the suit. A stranger to the proceedings cannot file such an application.

May 12, 2024 sclaw

Limitation

Limitation Act, 1963 – Haryana Public Moneys (Recovery of Dues) Act, 1979 – Section 3(1)(b) – State Financial Corporation Act, 1951 – Section 29 – The appeals arise from a High Court judgment regarding the recovery of time-barred debts under the Act, 1979, and the Act, 1951 – The main issue is whether a debt time-barred under the Limitation Act can be recovered using the aforementioned Acts – The appellants argued that time-barred debts cannot be recovered under the Recovery of Dues Act, citing the precedent set in V.R. Kalliyanikutty – The respondents argued that the Recovery of Dues Act and the State Financial Corporations Act allow for time-barred debt recovery, as they only bar the remedy, not the right – The court examined whether the Recovery of Dues Act creates a new right for creditors and allows for time-barred debt recovery – The court discussed the distinction between a debt and the right of action for its recovery, noting that the statute of limitation bars the latter but not the former – The court concluded that the Recovery of Dues Act and the State Financial Corporations Act provide an alternative mechanism for recovering debts, even if they are time-barred – Matter needs to be placed before the Hon’ble Chief Justice of India to constitute an appropriate three-judge bench.

May 12, 2024 sclaw

Consumer

Consumer Law – Policy Claim – The appellants, family of the deceased, filed a complaint after the LIC repudiated their claim on a policy following the policyholder’s accidental death – The main issue was whether there was a concluded contract between the deceased and LIC at the time of his death, which would obligate LIC to pay the insurance benefits – The appellants argued that LIC had accepted the first premium and issued a receipt, thereby assuming risk and concluding the contract before the policyholder’s death – LIC contended that the policy was not communicated to the deceased and was blocked due to his demise, implying no concluded contract existed – The Supreme Court set aside the NCDRC’s order, restored the District Forum’s order in favor of the appellants, and directed LIC to pay the insurance benefits as per the policy terms – The Court found clear presumption of acceptance of the policy by LIC, as the first premium receipt indicated the corporation was on risk from the receipt date – The Court relied on precedents that establish the principles of insurance contracts and the obligations of good faith expected from insurers – The Supreme Court concluded that LIC had indeed entered into a contract with the policyholder before his death, and thus, was liable to pay the insurance benefits to the appellants.

May 12, 2024 sclaw

Month: February 2024

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