Supreme Court of India Judgements

46670 Judgements hosted as on 9/12/2024 - Search (FREE), Subscribe, Read & Download

Month: February 2024

Environment

Environmental Rule of Law – The importance of ensuring the effective functioning of these environmental bodies as this is imperative for the protection, restitution, and development of the ecology – The role of the constitutional courts is therefore to monitor the proper institutionalisation of environmental regulatory bodies and authorities

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH IN RE: T.N. GODAVARMAN THIRUMULPAD — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : B.R. Gavai, Pamidighantam Sri Narasimha and…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Sections 409, 467, 468, 471 and 420 – Quashing of FIR – Misuse of Power of Attorney -The dispute, if any, is between the land-owners/principals inter-se and/or between them and the PoA-holder – It would be improper to drag the appellant into criminal litigation, when he had no role either in the execution of the PoA nor any misdeed by the PoA-holder vis-a-vis the land-owners/principals – Moreover, the entire consideration amount has been paid by the appellant to the PoA-holder

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHARAT SHER SINGH KALSIA — Appellant Vs. STATE OF BIHAR AND ANOTHER — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ. )…

Property Matters

Property Dispute – Dispute over illegal demolition – Settlement discussions ensued between the complainants and accused, resulting in compensation to the tenants – The tenants withdrew their complaint, seeking quashing of proceedings – The Supreme Court allowed the petitions, ordering police personnel to pay compensation to the tenants, and quashing the proceedings upon depositing the specified amounts in a fund

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHATRUGHNA ATMARAM PATIL AND OTHERS — Appellant Vs. VINOD DODHU CHAUDHARY AND ANOTHER — Respondent ( Before : Vikram Nath and Satish Chandra Sharma,…

I P C

Rape – Consensual relationship -The appellant contended a valid Nikah with the second respondent and sought the quashing of the proceedings – The court examined the evidence, emphasizing the consensual nature of the relationship from 2013 to 2017 – The Supreme Court quashed the criminal proceedings against the appellant in a case of rape and other offences

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHEIKH ARIF — Appellant Vs. THE STATE OF MAHARASHTRA AND ANOTHER — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. )…

Rent

Maharashtra Rent Control Act 1999 – Section 16(1)(i) – When landlord may recover possession – The Bombay High Court, in a judgment dated 4th August 2015, set aside the eviction decrees passed against the tenants in two separate suits filed by the landlords – this Court set aside the eviction decrees and remanded the cases back to the trial court for fresh consideration

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BAITULLA ISMAIL SHAIKH AND ANOTHER — Appellant Vs. KHATIJA ISMAIL PANHALKAR AND OTHERS — Respondent ( Before : Aniruddha Bose and Bela M. Trivedi,…

Contempt

Contempt of Courts Act, 1971 – Section 2(b) – ‘civil contempt’ – This case involves a dispute related to contempt of court arising from a stay order passed in an appeal – The Court set aside the order, emphasizing that the High Court had overstepped its contempt jurisdiction by vacating the stay order – The matter was remanded to the High Court to address the contempt issue appropriately

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AMIT KUMAR DAS, JOINT SECRETARY, BAITANIK, A REGISTERED SOCIETY — Appellant Vs. SHRIMATI HUTHEESINGH TAGORE CHARITABLE TRUST — Respondent ( Before : Aniruddha Bose…

Cr P C

Allegations do not establish the ingredients of criminal offences – Dispute between the parties was essentially a commercial nature – The Court concludes that the dispute between the parties is essentially a commercial one, and the allegations do not establish the ingredients of criminal offences such as criminal breach of trust – The Court quashes the criminal complaint case and the summoning order, allowing the appeal.

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SACHIN GARG — Appellant Vs. STATE OF U.P AND ANOTHER — Respondent ( Before : Aniruddha Bose and Sanjay Kumar, JJ. ) Criminal Appeal…

Contempt

Contempt of Courts Act, 1971 – Legal proceedings related to criminal contempt of court – The case involves a practicing advocate and former army personnel who was convicted by the High Court of Delhi under the Contempt of Courts Act, 1971 – considering the appellant’s age and health conditions, the this Court modified the sentence to imprisonment till the rising of the court – The judgment emphasizes the importance of maintaining the dignity and reputation of judicial officers and protecting them from unfounded allegations that interfere with the administration of justice

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GULSHAN BAJWA — Appellant Vs. REGISTRAR, HIGH COURT OF DELHI AND ANOTHER — Respondent ( Before : Vikram Nath and Pamidighantam Sri Narasimha, JJ.…

Acquittal SC/ST

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(xi) – The Court held that the prosecution had failed to prove beyond a reasonable doubt that the accused had assaulted the victim with the intention of dishonouring or outraging her modesty, as required under Section 3(1)(xi) SC/ST Act – The Court also held that the prosecution had failed to establish that the accused belonged to a Scheduled Caste or a Scheduled Tribe

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH DASHRATH SAHU — Appellant Vs. STATE OF CHHATTISGARH — Respondent ( Before : B.R. Gavai, Prashant Kumar Mishra and Sandeep Mehta, JJ. ) Criminal…

Consumer

Consumer Law – Medical Negligence – – the respondent filed a review petition with the NCDRC, which granted it ex parte, reducing the compensation to Rs. 2 lakhs and stating that the respondent had already paid the amount – The appellant then filed a review petition with the Supreme Court, which reinstated the original order of Rs. 2 lakhs with interest at 12% – The Supreme Court also imposed a cost of Rs. 50,000 on the respondent for making a false representation

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH P.C. JAIN — Appellant Vs. DR. R.P. SINGH — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Civil Appeal No(S). …of…

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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