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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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