Supreme Court of India Judgements

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Month: March 2024

Acquittal I P C SC/ST

Penal Code, 1860 (IPC) – Section 306 – Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 – Section 3(2)(v) – Abetment of suicide – Necessary ingredients – This court ruled that the charge under the SC/ST Act was unwarranted because the prosecution did not allege that the offence under the IPC was committed based on the deceased’s caste – The court also found that the allegations in the suicide note were not sufficient to establish abetment of suicide under Section 306 of the IPC – Appeal Allowed.

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRABHAT KUMAR MISHRA @ PRABHAT MISHRA — Appellant Vs. THE STATE OF U.P. AND OTHER — Respondent ( Before : B.R. Gavai and Sandeep…

Consumer

Consumer Protection Act, 2019 – Sections 47, 49(2) and 59 – Court observed that the appellant was not an illiterate person and had signed the agreement after being aware of the adjustable interest rate option – The Court also noted that the appellant had not produced any evidence to show that he had a better option of securing loan from another institution – The Court held that the email could not override the policy decisions of HDFC and that the appellant could not seek refund of the interest paid after having received the loan amount and repaid it as per the agreement.

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJESH MONGA — Appellant Vs. HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED AND OTHERS — Respondent ( Before : A.S. Bopanna and M.M. Sundresh, JJ. )…

Constitution

Bribery: Not protected by parliamentary privilege, as it is not in respect of anything said or any vote given by a member, and it is a criminal offence that does not arise out of the exercise of legislative functions Courts and House: Exercise parallel jurisdiction over allegations of bribery, as the House can take disciplinary action to restore its dignity, while the courts can prosecute the offenders under the criminal law The majority judgment in PV Narasimha Rao v. State (CBI/SPE) did not consider the evolution of law in the US and relied solely on the dissenting opinion in United States v. Brewster to conclude that members of Parliament in India are immune from prosecution for bribery under Article 105(2) of the Constitution

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA 7 JUDGE BENCH SITA SOREN — Appellant Vs. UNION OF INDIA — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI, A.S. Bopanna, M.M. Sundresh, Pamidighantam…

Child Custody

“Upbringing vs. Biology: Supreme Court Prioritizes Stability Over Paternal Claim in Custody Battle” The Supreme Court allowed the appeal of the aunt and set aside the order of the High Court, which had directed the custody of the child to be handed over to the father – The Supreme Court relied on the principles of child welfare, stability, and preference, and found that the child was happy, intelligent, and categorical in her wish to live with the aunt

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHAZIA AMAN KHAN AND ANOTHER — Appellant Vs. THE STATE OF ORISSA AND OTHERS — Respondent ( Before : C.T. Ravikumar and Rajesh Bindal,…

Will & Succession

Will was not surrounded by suspicious circumstances, as the testator was in good health and senses, the scribe and one of the witnesses were consistent, the testator had left sufficient property for his widow and daughter, and the respondent had taken care of the testator and his property – It also held that the high court was justified in interfering with the first appellate court’s findings, as they were perverse and contrary to the evidence on record

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THANGAM AND ANOTHER — Appellant Vs. NAVAMANI AMMAL — Respondent ( Before : C.T. Ravikumar and Rajesh Bindal, JJ. ) Civil Appeal No. 8935…

Cr P C

Criminal Procedure Code, 1973 – Sections 197, 200 and 202 – Penal Code, 1860 (IPC) – Sections 323, 294, 427, 341, 447, 506B read with Section 34 and Sections 107, 141 of the – Illegally capturing of land and breaking of fencing – Criminal appeal filed by the appellants, who are officers of the Special Armed Forces (SAF), – held that the appellants acted in the performance of their statutory duties as officers of the SAF, and therefore, sanction was required to prosecute them – The court also found that the complaint lacked material particulars and evidence to support the allegations.

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MURARI LAL CHHARI AND OTHERS — Appellant Vs. MUNISHWAR SINGH TOMAR AND ANOTHER — Respondent ( Before : Abhay S. Oka and Ujjal Bhuyan,…

Specific Performance

Suit for specific performance – Suit for specific performance of an agreement for sale executed by the respondent in their favour in respect of a plot of land in Chandigarh – The Supreme Court held that the appellants were disentitled to the relief of specific performance due to their conduct of making false and/or incorrect statements in the plaint – The Supreme Court also held that the appellants did not give up their claim against the co-sharers of the respondent who were not parties to the suit.

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAJOR GEN. DARSHAN SINGH (D) BY LRS. AND ANOTHER — Appellant Vs. BRIJ BHUSHAN CHAUDHARY (D) BY LRS. — Respondent ( Before : Abhay…

Acquittal Narcotics

Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 8(c) read with 20(b)(ii)(c) – Seizure of ganja from four accused under the NDPS Act – The Court pointed out the glaring loopholes and fatal flaws in the prosecution case, such as the doubtful weighment of the contraband, the flawed sampling procedure, the missing link evidence, the inadmissible confession, and the illegal conviction of the appellants who were not present at the spot.

Mar 8, 2024 sclaw

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

Consumer

Consumer Law – they neither have the skills nor the expertise to do so. However, they are liable to pay the monetary compensation as directed by the consumer forums from the estate of the deceased developer – The court applied the principles of contract law, consumer protection law, and succession law to arrive at its decision – It distinguished between proprietary rights and personal rights, and between inheritable rights and uninheritable rights – It also discussed the nature and status of a proprietary concern and its legal representatives.

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VINAYAK PURSHOTTAM DUBE (DECEASED), THROUGH LRS — Appellant Vs. JAYASHREE PADAMKAR BHAT AND OTHERS — Respondent ( Before : B.V. Nagarathna and Ujjal Bhuyan,…

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Cr P C I P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of Criminal Proceedings under Section 482 in Cases with Predominantly Civil Character — The court reiterated the principle that criminal cases with overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions, matrimonial relationships, or family disputes, should be quashed when the parties have resolved their entire disputes among themselves — This principle is applied in the present case, where the dispute involved a loan transaction between the accused persons and the bank, and the parties had settled the matter through the One Time Settlement (OTS).

Oct 9, 2024 sclaw
Service

The main issue is whether the eligibility criteria requiring AICTE approval for diplomas is valid, given the Supreme Court’s previous ruling that universities do not need AICTE approval for technical courses —The petitioners argued that the eligibility criteria were inconsistent with the Supreme Court’s ruling and that they were unfairly excluded from the recruitment process —The respondents contended that the recruitment process was conducted according to the existing rules and that the petitioners were bound by the doctrine of acquiescence —The Supreme Court directed the Bihar Technical Service Commission to prepare a fresh select list of meritorious candidates, considering the previous High Court order and the AICTE’s stance —The Court found that changing the eligibility criteria after the selection process was completed was impermissible and that the petitioners had a legitimate right to be considered — The appeals were disposed of with directions to prepare a revised select list within three months, ensuring that eligible candidates are considered fairly.

Oct 9, 2024 sclaw
Direct Taxation Income Tax

Income Tax Act, 1961 — Section 139(5) — Revised Income Tax Return — The appellant filed multiple revised returns for the assessment year 1989-90, which were not considered due to being barred by limitation —Whether the assessing officer can consider claims made in a revised return filed after the time limit prescribed by Section 139(5) of the Act — The appellant argued that the assessing officer should consider the claim for deduction of deferred revenue expenditure, even if the revised return was filed late —The respondent contended that the assessing officer has no jurisdiction to consider claims made in a time-barred revised return —The Supreme Court dismissed the appeal, upholding the High Court’s decision that the assessing officer cannot consider claims in a time-barred revised return —The Court emphasized that the assessing officer’s jurisdiction is limited by the time constraints set in Section 139(5) —The Court referred to previous judgments, including Wipro Finance Ltd. and Goetze (India) Ltd., to support its decision —The appeal was dismissed, affirming that claims in a time-barred revised return cannot be considered by the assessing officer.

Oct 9, 2024 sclaw
Tenders & Contracts

Coal Mining Bid — Rejection of — Eligibility criteria — Appellants challenged the rejection of its technical bid by Respondent-BCCL for a coal mining project, while the bid of Respondent No. 8 was accepted despite non-compliance with mandatory requirements —Whether BCCL was justified in rejecting the appellant’s bid and accepting the bid of Respondent No. 8, which did not meet the eligibility criteria — Appellant argues that the rejection was arbitrary and discriminatory — The appellant complied with all requirements, while Respondent No. 8 was allowed to submit missing documents later — BCCL argues that the appellant’s bid was non-compliant due to issues with the Power of Attorney — The Tender Committee could seek shortfall documents but not replace them —The Supreme Court found BCCL’s actions arbitrary and illegal, setting aside the rejection of the appellant’s bid and the acceptance of Respondent No. 8’s bid — The appellant’s Power of Attorney was valid and notarized before submission — BCCL’s acceptance of Respondent No. 8’s bid despite non-compliance was unjustified —Government bodies must act fairly and transparently in awarding contracts — The decision-making process must be free from arbitrariness and bias —The Supreme Court allowed the appeal, setting aside BCCL’s decision and any subsequent agreements, and directed BCCL to initiate a fresh tender process.

Oct 9, 2024 sclaw