Supreme Court of India Judgements

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Month: April 2024

State Laws

Bombay Public Trusts Act, 1950 – The case involves the acceptance of Change Reports for the Vahiwatdar (Administrator) and Trustees of Shri Mallikarjun Devasthan, a Public Trust – The High Court invalidated the acceptance and remanded the matters for reconsideration – The main issue was the delay in filing the Change Report for the new Vahiwatdar of the Trust, which was submitted 17 years after the previous Vahiwatdar’s death – The Supreme Court set aside the High Court’s judgment, confirming the acceptance of Change Report Nos. 899 of 2015 and 1177 of 2017, allowing the civil appeals – The Court found that the delay in filing the Change Report was a curable defect and did not impact the legitimacy of the new Vahiwatdar’s assumption of office – The Court emphasized a liberal approach to condonation of delay, citing precedents.

Apr 28, 2024 sclaw

2024 INSC 339 SUPREME COURT OF INDIA DIVISION BENCH SHRI MALLIKARJUN DEVASTHAN, SHELGI — Appellant Vs. SUBHASH MALLIKARJUN BIRAJDAR AND OTHERS — Respondent ( Before : A.S. Bopanna and Sanjay…

Service Matters
Service

Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 – Sections 7, 8 and 9 – Procedure for resignation by employees of private schools – The appellant challenged his termination from, which was set aside by the Tribunal but reinstated by the High Court – The main issues were whether the appellant’s resignation was lawfully withdrawn and if the documents related to his resignation were fabricated – The appellant argued that his resignation withdrawal was not considered and that the school committee’s resolutions were fabricated – The respondents contended that the resignation was accepted by the management committee and the school committee, and the appellant was informed accordingly – The Supreme Court upheld the High Court’s decision, dismissing the appeal and affirming that the appellant’s resignation was voluntary and lawfully accepted – The Court found no evidence of fabricated documents and determined that the management committee’s acceptance of the resignation was valid – The Court referenced the MEPS Act and Rules, concluding that non-communication of resignation acceptance does not invalidate the termination – The Supreme Court concluded that the appellant’s resignation was accepted before his attempted withdrawal, and thus the termination was lawful.

Apr 28, 2024 sclaw

2024 INSC 337 SUPREME COURT OF INDIA DIVISION BENCH SHRIRAM MANOHAR BANDE — Appellant Vs. UKTRANTI MANDAL AND OTHERS — Respondent ( Before : Pamidighantam Sri Narasimha and Aravind Kumar,…

I B C

Insolvency and Bankruptcy Code, 2016 – Section 5(7) – “financial creditor” – The appeals challenge judgments related to the status of certain creditors of M/s. Mount Shivalik Industries Limited under the Insolvency and Bankruptcy Code, 2016 (IBC) – The primary issue is whether the respondents are financial creditors or operational creditors within the meaning of the IBC – The appellants argue that the respondents are operational creditors, as the agreements indicate services rendered to promote the corporate debtor’s products – The respondents contend that the agreements were a means to raise finance, making them financial creditors due to the interest-bearing security deposits – The Court upheld the NCLAT’s decision, recognizing the respondents as financial creditors based on the commercial effect of the transactions – The Court examined the true nature of the transactions and found that the arrangements had the commercial effect of borrowing, satisfying the criteria for financial debt under the IBC – The Court applied the definition of financial debt and operational debt from the IBC, emphasizing the disbursal against the consideration for the time value of money – The appeals were dismissed, confirming the respondents’ status as financial creditors and allowing the resolution process to continue accordingly – The Court’s detailed analysis affirmed the NCLAT’s interpretation of the IBC provisions.

Apr 28, 2024 sclaw

2024 INSC 340 SUPREME COURT OF INDIA DIVISION BENCH GLOBAL CREDIT CAPITAL LIMITED AND ANOTHER — Appellant Vs. SACH MARKETING PVT. LTD. AND ANOTHER — Respondent ( Before : Abhay…

Family Court I P C

“Husband Has No Right On Wife’s Stridhan” Matrimonial Law – The appeal concerns a matrimonial dispute involving misappropriation of gold jewellery and monetary gifts – The appellant, a widow, married the first respondent, a divorcee, and alleged misappropriation of her jewelry and money by the respondents – The core issue is whether the appellant established the misappropriation of her gold jewellery by the respondents and if the High Court erred in its judgment – The appellant claimed that her jewellery was taken under the pretext of safekeeping on her wedding night and misappropriated by the respondents to settle their financial liabilities – The respondents denied the allegations, stating no dowry was demanded and that the appellant had custody of her jewellery, which she took to her paternal home six days after the marriage – The Supreme Court set aside the High Court’s judgment, upheld the Family Court’s decree, and awarded the appellant Rs. 25,00,000 as compensation for her misappropriated stridhan – The Court found the High Court’s approach legally unsustainable, criticizing it for demanding a criminal standard of proof and basing findings on assumptions not supported by evidence – The Court emphasized the civil standard of proof as the balance of probabilities and noted that the appellant’s claim for return of stridhan does not require proof of acquisition – The Supreme Court concluded that the appellant had established a more probable case and directed the first respondent to pay the compensation within six months, with a 6% interest per annum in case of default.

Apr 28, 2024 sclaw

2024 INSC 334 SUPREME COURT OF INDIA DIVISION BENCH MAYA GOPINATHAN — Appellant Vs. ANOOP S.B. AND ANOTHER — Respondent ( Before : Sanjiv Khanna and Dipankar Datta, JJ. )…

Consumer

”Eggshell Skull Rule Applied: Supreme Court Holds Hospital Liable for Post-Surgery Complications” Consumer Law – Medical Negligence – Appellant-Jyoti Devi underwent an appendectomy at Suket Hospital, but suffered continuous pain post-surgery – A needle was later found in her abdomen, leading to another surgery for its removal – The case revolves around medical negligence, deficient post-operative care by the hospital, and the determination of just compensation for the claimant-appellant – The claimant-appellant sought enhancement of compensation for the pain, suffering, and financial expenses incurred due to medical negligence – The respondents argued against the presence of the needle being related to the initial surgery and contested the amount of compensation – The Supreme Court restored the District Forum’s award of Rs.5 lakhs compensation, with 9% interest, and Rs.50,000 for litigation costs – The Court applied the ‘eggshell skull’ rule, holding the hospital liable for all consequences of their negligent act, regardless of the claimant’s pre-existing conditions – The Court emphasized the benevolent nature of the Consumer Protection Act and the need for just compensation that is adequate, fair, and equitable – The Supreme Court allowed the appeal, setting aside the lower commissions’ awards and reinstating the District Forum’s decision for just compensation.

Apr 28, 2024 sclaw

2024 INSC 330 SUPREME COURT OF INDIA DIVISION BENCH JYOTI DEVI — Appellant Vs. SUKET HOSPITAL — Respondent ( Before : Sanjay Karol and Aravind Kumar, JJ. ) Civil Appeal…

Corruption

Prevention of Corruption Act, 1988 – Section 7(a) – Taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence – The appeal challenges the High Court of Karnataka’s decision to quash an FIR against respondent for alleged bribery, based on a complaint by the appellant – The main issue is whether the High Court was correct in quashing the FIR, which was based on allegations of bribery and corruption against the respondent – The Supreme Court found the High Court’s decision legally unsustainable, noting that it failed to consider direct evidence, such as a pendrive, indicating the respondent’s complicity – The Supreme Court allowed the appeal, quashed the High Court’s judgment, and restored the FIR for further legal proceedings.

Apr 28, 2024 sclaw

2024 INSC 331 SUPREME COURT OF INDIA DIVISION BENCH SANJU RAJAN NAYAR — Appellant Vs. JAYARAJ AND ANOTHER — Respondent ( Before : Sanjay Karol and Prasanna Bhalachandra Varale, JJ.…

Consumer

Consumer Protection Act, 1986 – Section Section 2(1)(g) – Deficiency of Service and unfair trade practice – The case involves a consumer dispute regarding a promotional trailer for a film produced by Yash Raj Films Private Limited – The complainant, a teacher, felt deceived when the song from the trailer was not in the movie and sought damages for mental agony – The court considered whether a promotional trailer creates a contractual obligation or amounts to an unfair trade practice if its content is not in the movie – The Supreme Court held that promotional trailers are unilateral and do not qualify as offers eliciting acceptance, thus not forming agreements enforceable by law – It also ruled that the facts do not indicate an unfair trade practice under the Consumer Protection Act, 1986 – The court reasoned that a promotional trailer is not an offer but an invitation to treat, meant to encourage viewers to watch the movie. It does not create a contractual relationship or promise regarding the movie’s content – The appeal was allowed, setting aside the findings of deficiency of service and unfair trade practice by the lower courts. The court emphasized the creative freedom in services involving art and the need for a different standard in judging representations followed by such services.

Apr 28, 2024 sclaw

2024 INSC 328 SUPREME COURT OF INDIA DIVISION BENCH YASH RAJ FILMS PRIVATE LIMITED — Appellant Vs. AFREEN FATIMA ZAIDI AND ANOTHER — Respondent ( Before : Pamidighantam Sri Narasimha…

C P C

Civil Procedure Code, 1908 (CPC) – Section 47 – Questions to be determined by the Court executing decree –Property Dispute – Suit for specific performance – A compromise was reached in 1978, and a decree was passed in 1979 – The main issue is the executability of the 1979 decree, challenged by the respondents claiming it to be a nullity and questioning the jurisdiction – The petitioner, as the decree holder, argues that the decree is executable and that the objections under Section 47 CPC by the respondents are not maintainable – The respondents contend that the decree is without jurisdiction and a nullity, and that the property was jointly owned, thus the compromise with only one defendant is invalid – The Supreme Court allowed the appeal, set aside the High Court’s judgment, and restored the Executing Court’s order, rejecting the objections under Section 47 CPC – The Court found that the property was solely owned by Defendant No. 1, and the compromise was valid – The procedural requirements were met, and the objections by the respondents were an abuse of the legal process – The Court reasoned that the compromise was properly recorded and verified, fulfilling the requirements of Order XXIII, Rule 3 of the CPC, and the execution of the decree was contingent upon the fulfillment of conditions by Defendant No. 1. – The Supreme Court concluded that the Executing Court was correct in rejecting the objections and that the decree dated 09.05.1979 was based on a valid compromise – The opinion by Justice Vikram Nath emphasized the validity of the compromise and the decree, and the need to prevent abuse of the legal process by the respondents.

Apr 28, 2024 sclaw

2024 INSC 329 SUPREME COURT OF INDIA DIVISION BENCH REHAN AHMED (D) THR. LRS. — Appellant Vs. AKHTAR UN NISA (D) THR. LRS. — Respondent ( Before : Vikram Nath…

Bail Declined

Penal Code, 1860 (IPC) – Sections 147, 148, 302, 149 and 120B – Cancellation of Bail – The complainant’s son was allegedly murdered by the accused (along with others) in a property dispute – Five accused were convicted of murder and other charges, with two others acquitted – The High Court granted bail to three accused (‘A’, ‘C’, and ‘R’) considering their long incarceration and bail granted to two co-accused. – The complainant argues against bail, fearing threats from the accused who are “dreaded criminals.” – He highlights that the High Court wasn’t aware that two accused (‘C’ and ‘R’) allegedly killed a police officer while on trial, further demonstrating their violent nature – The Court acknowledges the oversight of not presenting details about the police officer’s murder to the High Court – The Court cancels bail for ‘C’ and ‘R’ due to their subsequent criminal act – The Court upholds bail for ‘A’ (not involved in the police officer’s murder).

Apr 28, 2024 sclaw

2024 INSC 325 SUPREME COURT OF INDIA DIVISION BENCH JADUNATH SINGH — Appellant Vs. ARVIND KUMAR AND ANOTHER ETC. — Respondent ( Before : Vikram Nath and Sanjay Kumar, JJ.…

Bail Declined

Penal Code, 1860 (IPC) – Section(s) 147, 148, 149, 323, 504, 506, 427, 394, 411, 302 and 120B – Criminal Law Amendment Act, 2013 – Section 7 – Appeal against Grant of Bail by High Court – The main issue is the appropriateness of the High Court’s decision to grant bail to the accused – The petitioner argues against bail due to the serious nature of the crime, the recovery of the murder weapon, and the influence of the accused over witnesses – The respondents claim they have cooperated with the trial and allegations of threatening witnesses are false – The Supreme Court set aside the High Court’s bail orders, citing the seriousness of the crime and the conduct of the accused – The Court found that the High Court did not exercise its discretion judiciously in granting bail – The Court referenced previous cases outlining the principles for bail consideration, emphasizing the gravity of the crime and the potential for influencing witnesses – The Supreme Court concluded that the accused should be taken into custody and the trial should be concluded expeditiously – The judgment emphasizes the importance of a careful and principled approach to granting bail, particularly in cases involving serious crimes and potential witness tampering.

Apr 28, 2024 sclaw

2024 INSC 323 SUPREME COURT OF INDIA DIVISION BENCH RAMAYAN SINGH — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Sanjay Karol and Satish…

You missed

Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw
Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw
Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw