Supreme Court of India Judgements

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

Month: March 2024

Acquittal

Penal Code, 1860 – Section 306 – Abetment of suicide – Citing precedents, the Court notes that mere harassment without proximate positive action leading to suicide does not constitute abetment – The Court quashes the proceedings against the appellant, stating no offence is made out against her, but allows the trial to proceed against other accused.

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AMUDHA — Appellant Vs. THE STATE REPRESENTED BY THE INSPECTOR OF POLICE AND ANOTHER — Respondent ( Before : Abhay S. Oka and Ujjal…

Anticipatory Bail Bail Granted

The Court considered the principles of anticipatory bail and the role of the accused, noting that the prime accused had been granted bail and the appellant’s role was secondary – The Court analyzed the factors to be considered for anticipatory bail, as laid out in previous judgments, focusing on the nature of the accusation and the role of the accused – The Supreme Court confirmed the order granting anticipatory bail to Petitioner, setting aside the order of cancellation, with the condition of cooperation in the investigation and trial.

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SABITA PAUL AND OTHER — Appellant Vs. THE STATE OF WEST BENGAL AND ANOTHER — Respondent ( Before : Vikram Nath and Sanjay Karol,…

Election Laws

Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 – Section 7(1) – Selection Committee – The Court analyzes the 2023 Act in light of the Constitution and previous judgments, particularly focusing on the principle of proportionality and the power of judicial review – The Court declines to grant a stay, citing the importance of maintaining the election schedule and the assumption that constitutional post holders will adhere to their roles in accordance with the Constitution – The observations are tentative as the matter is sub-judice. ORDE

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. JAYA THAKUR AND OTHERS — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Sanjiv Khanna and Dipankar Datta, JJ.…

C P C

Civil Procedure Code, 1908 – Sections 10, 16 and 20 – Suits to be instituted where subject-matter situate – The court refers to Section 16 and Section 20 of the CPC, emphasizing that suits related to immovable property should be instituted where the property is located – The court analyzes the provisions of the CPC and prior case law to determine jurisdiction and the applicability of Section 10 of the CPC – The court dismisses the petitioner’s transfer petition and allows the respondent’s petition, ordering the transfer of the petitioner’s suit to Sehore, Madhya Pradesh.

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S ACME PAPERS LTD. AND OTHERS — Appellant Vs. M/S. CHINTAMAN DEVELOPERS PVT. LTD. AND OTHERS — Respondent ( Before : Sudhanshu Dhulia and…

Juvenile Justice

Penal Code, 1860 (IPC) – Sections 302, 363,342 and 201 – Juvenile Justice(Care and Protection of Children) Act, 2015 – Sections 2(13) and 6 –The Court analyzed relevant provisions of the JJ Act, emphasizing the mandatory nature of preliminary assessments for CICLs accused of heinous offences – The Court quashed the impugned judgment and ordered the appellant’s release, noting that the proceedings against him were vitiated due to the violation of the JJ Act.

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THIRUMOORTHY — Appellant Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal…

CBI I P C

CBI investigation for justice – The Court finds the investigation ineffective and is inclined to transfer the case to the CBI, noting the need for a credible investigation and the fundamental rights of the appellants – The Court discusses the circumstances under which investigations can be transferred to the CBI, emphasizing the sparing use of this power and the need for complete justice – The Court sets aside the High Court’s order dismissing the transfer to the CBI and directs the CBI to take over the investigation, ensuring a thorough inquiry and the pursuit of justice.

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AWUNGSHI CHIRMAYO AND ANOTHER — Appellant Vs. GOVERNMENT OF NCT OF DELHI AND OTHERS — Respondent ( Before : J.K. Maheshwari and Sudhanshu Dhulia,…

Bail Declined

Grant of Bail – Supreme Court found that the High Court’s order lacked legal sustenance as it did not properly consider the detailed evidence against respondent no.2. – The Supreme Court emphasized the need for brief reasons in bail decisions, as established by precedent – The appeal is allowed, the High Court’s order was set aside, and respondent no.2 was given three weeks to surrender – The order does not prejudice subsequent proceedings or bar fresh bail applications.

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAM MURTI SHARMA — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Sudhansu Dhulia and Rajesh Bindal, JJ. )…

Labour Cases

Industrial Employment (Standing Orders) Act, 1946 – Section 3, 7 and 10(3) – Transferring of employees between different units of the company – – The Supreme Court refers to the case of Cipla Ltd. to assert that the terms of employment and Standing Orders do not conflict, and transfers are permissible – The Court analyzes the Industrial Employment (Standing Orders) Act, particularly Sections 7 and 10, to determine the operation and modification of Standing Orders – The Supreme Court concludes that the transfers were legal, overturns the High Court’s judgment, and dismisses the writ petitions filed by the respondents – The Court does not address the broader issue of the power to modify Standing Orders.

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. DIVGI METAL WARES LTD. — Appellant Vs. M/S. DIVGI METAL WARES EMPLOYEES ASSOCIATION AND ANOTHER — Respondent ( Before : B.R. Gavai and…

Acquittal

Penal Code, 1860 (IPC) – Sections 302 and Section 304 Part-I – Murder – Acquital – The Supreme Court finds that the prosecution has not fully established the circumstances necessary for a conviction based on circumstantial evidence, as required by the precedent set in Sharad Birdhichand Sarda v. State of Maharashtra, (1984) 4 SCC 116 – The Supreme Court allows the appeal, acquits the appellants of all charges, and orders their immediate release, citing insufficient evidence to prove guilt beyond a reasonable doubt.

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAGHUNATHA AND ANOTHER — Appellant Vs. THE STATE OF KARNATAKA — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal Appeal…

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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