March 2024 - Page 2 of 10 - Supreme Court of India Judgements

May 19, 2024 6:46 am

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

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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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: March 2024

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