Supreme Court of India Judgements

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Month: March 2024

Environment

Environment (Protection) Act, 1986 – 3(2)(v)(1) – Environment (Protection) Rules, 1986 – Rule 5(3)(d) – The Court finds the exemption to be unguided and arbitrary, lacking specific criteria for the quantity of earth extraction and the definition of linear projects – The Court concludes that the exemption under item 6 of the impugned notification is illegal and arbitrary, violating Article 14 of the Constitution of India – The amended notification also fails to address these concerns adequately – Appeal Partly allowed.

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NOBLE M. PAIKADA — Appellant Vs. UNION OF INDIA — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Civil Appeal…

Preventive Detention

Telangana Prevention of Dangerous Activities of Boot-Leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986 – Section 3(2) – Power to make orders detaining certain persons – The court examined the definitions of “public order” and “Goonda” under the Act, emphasizing the need for activities to adversely affect the community at large to be considered prejudicial to public order – The court upheld the preventive detention order, concluding that the appellant’s activities did indeed affect public order and that the detention was necessary to prevent further harm to society.

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH NENAVATH BUJJI ETC. — Appellant Vs. THE STATE OF TELANGANA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., J.B. Pardiwala…

Corporate

Railways Act, 1989 – Section 106 – Notice of claim for compensation and refund of overcharge.- The court examines the distinction between ‘overcharge’ and ‘illegal charge,’ the requirement of notice under Section 106, and the applicability of past cases like Birla Cement Works and West Coast Paper Mills – The court analyzes the scope of Section 106, the reasons for revising freight charges, and whether the revision was due to a new methodology or an error in the existing notified freight charges – Held,, that the chargeable distance of 444 km was illegal

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant Vs. M/S INDIAN OIL CORPORATION LTD. — Respondent ( Before : J.B. Pardiwala and Sandeep Mehta, JJ. ) Civil…

Customs & Excise

Customs Act, 1962 – Sections 15(1)(C) and 130E – After a thorough review of the facts and legal arguments presented by both parties, the Court decided to remand the case back to the Commissioner for re-adjudication –This Court directed the Commissioner to work out remedies for the cases of goods under Section 15(1)(c) of the Customs Act within a specified timeframe – The Court sustained the demand for customs duty and interest on certain cases while upholding the penalty imposed on the appellant for unauthorized removal of imported goods – The impugned order of the CESTAT was modified accordingly, and the appeal was allowed in part.

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. BISCO LIMITED — Appellant Vs. COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE — Respondent ( Before : B.V. Nagarathna and Ujjal Bhuyan, JJ. )…

Cr P C

“FIR Quashed! Supreme Court Overturns Charges of Cheating After Finding Insufficient Evidence” – The Court finds that the FIR and charge-sheet, even if taken at face value, do not disclose the ingredients to attract the provision of Section 420 of IPC against the appellant – The Court discusses the principles for exercising jurisdiction under Section 482 of Cr.P.C. to quash complaints and criminal proceedings – The Court allows the appeal, quashing the order of the High Court and the FIR and charge-sheet against the appellant.

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH A.M. MOHAN — Appellant Vs. THE STATE REPRESENTED BY SHO AND ANOTHER — Respondent ( Before : B.R. Gavai, Rajesh Bindal and Sandeep Mehta,…

Consumer

“Fire Insurance Claim Revived: Manufacturer Gets Chance to Challenge Reports After Rejection” – The Court analyzed the definition of ‘person’ under the Consumer Protection Act and concluded that a company can be considered a consumer – The Supreme Court set aside the order of the National Commission and remanded the matter for reconsideration, allowing Appellant to file a rebuttal.

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. KOZYFLEX MATTRESSES PRIVATE LIMITED — Appellant Vs. SBI GENERAL INSURANCE COMPANY LIMITED AND ANOTHER — Respondent ( Before : B.R. Gavai and Sandeep…

Education

The Court found the cancellation of admission arbitrary and discriminatory, as the appellant could not control his father’s deployment location – The Court analyzed previous judgments and guidelines, concluding that the appellant was entitled to admission under the State quota irrespective of his father’s posting – The Court directed the creation of an additional seat for the appellant in the next academic session and awarded compensation for the arbitrary cancellation of his admission.

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH VANSH S/O PRAKASH DOLAS — Appellant Vs. THE MINISTRY OF EDUCATION AND THE MINISTRY OF HEALTH AND FAMILY WELFARE AND OTHERS — Respondent (…

Service Matters
Service

Court finds lapses in the medical diagnosis and treatment, noting the absence of a neurologist’s examination and the disregard for the appellant’s CD4 cell count – The court criticizes the respondents’ apathetic attitude and the discriminatory policy against HIV+ individuals, highlighting the appellant’s survival without anti-retroviral therapy – The court awards compensation for wrongful termination, leave encashment dues, non-reimbursement of medical expenses, and social stigma, along with pension entitlements as if the appellant had retired in service.

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SATYANAND SINGH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Sanjiv Khanna and Dipankar Datta, JJ. ) Civil Appeal…

Corporate

Words and Phrases – “Rurban” – The term “Rurban” is a blend of the words “rural” and “urban.” – It refers to areas that exhibit characteristics of both rural and urban environments – These regions often combine elements of agriculture, small-scale industry, and limited urban infrastructure – The concept of “Rurban” aims to bridge the gap between rural and urban development, fostering sustainable growth and improving the quality of life for residents.

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH TAPAS KUMAR DAS — Appellant Vs. HINDUSTAN PETROLEUM CORPORATION LIMITED AND OTHERS — Respondent ( Before : Dipankar Datta and Sanjay Kumar, JJ. )…

I P C

Information Technology Act, 2000 – Sections 67 and 67A – The appellants, involved in the creation of the web-series ‘College Romance,’ are accused of publishing obscene content under Sections 67 and 67A of the IT Act, leading to an FIR against them – “FIR Quashed, Content Upheld: Supreme Court Rejects Charges Against “College Romance” webseries for Vulgarity”

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH APOORVA ARORA AND ANOTHER ETC — Appellant Vs. STATE (GOVT. OF NCT OF DELHI) AND ANOTHER. — Respondent ( Before : A.S. Bopanna and…

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C P C

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Specific Relief Act

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

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Service

Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

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Arbitration

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

Jan 12, 2025 sclaw