Supreme Court of India Judgements

46640 Judgements hosted as on 10/10/2024 - Search (FREE), Subscribe, Read & Download

Month: April 2024

Acquittal

Penal Code, 1860 (IPC) – Section 302 read with 34 and 120B – Murder – The Court found that the prosecution failed to establish that the discovery of the body was solely based on the appellants’ statements and that the chain of evidence was incomplete – The Court applied the principles for circumstantial evidence, emphasizing that the circumstances must fully establish the guilt and exclude all other hypotheses – The Supreme Court concluded that the prosecution did not prove the case beyond reasonable doubt, leading to the acquittal of the appellants.

Apr 14, 2024 sclaw

2024 INSC 299 SUPREME COURT OF INDIA DIVISION BENCH RAVISHANKAR TANDON — Appellant Vs. STATE OF CHHATTISGARH — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal…

Acquittal

Penal Code, 1860 (IPC) – Sections 302 and 201 – Evidence Act, 1872 – Section 27 – Murder – Causing disappearance of evidence of offence, or giving false information to screen offender – How much of information received from accused may be proved – The Court found the circumstances not conclusive and not consistent only with the hypothesis of the appellant’s guilt – The Court applied the principles for circumstantial evidence, emphasizing that the circumstances must fully establish the conclusion of guilt and exclude other hypotheses – The appellant’s conviction was not sustained due to doubts about the prosecution’s story and the failure to prove all circumstances forming the chain of evidence – Acquittal.

Apr 14, 2024 sclaw

2024 INSC 298 SUPREME COURT OF INDIA DIVISION BENCH ARUN SHANKAR — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : Abhay S. Oka and Ujjal Bhuyan,…

SARFAESI

Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Sections 13(4) and 17 – The Court emphasized that the High Court should not entertain petitions under Article 226 when an effective alternative remedy is available, especially in financial recovery matters – The Court reiterated the principle that confirmed auction sales can only be interfered with in cases of fraud or collusion, which were not present in this case – The Supreme Court concluded that the High Court had erred in its decision, and the rights of the auction purchaser should be upheld following the confirmed sale and registration of the property – Appeal Allowed.

Apr 14, 2024 sclaw

2024 INSC 297 SUPREME COURT OF INDIA FULL BENCH PHR INVENT EDUCATIONAL SOCIETY — Appellant Vs. UCO BANK AND OTHERS — Respondent ( Before : B.R. Gavai and Rajesh Bindal…

Consumer

Consumer Law – Housing – Delay in deleivery of Flat – The appellants, homebuyers, paid 90% of the total sale consideration for a flat, but the respondent-developer failed to deliver possession by the scheduled date, leading to a consumer dispute – The Supreme Court found that the Commission erred in allowing the respondent-developer to charge the said interest and quashed that part of the order – The Court directed the respondent-developer to convey the outstanding amount to the appellants within two months, and upon payment, to hand over possession of the flat immediately.

Apr 14, 2024 sclaw

2024 INSC 300 SUPREME COURT OF INDIA DIVISION BENCH SANJAY CHAUDHARY AND ANOTHER — Appellant Vs. PIONEER URBAN LAND AND INFRASTRUCTURE LTD. AND ANOTHER — Respondent ( Before : B.R.…

C P C

Easements Act, 1882 – Sections 4, 13 and 15 – Easements of necessity and quasi-easements – The court reasons that the Appellant ‘s failed to prove uninterrupted use of the road for over 20 years and that there is an alternative way to access their land – The court examines the Indian Easements Act, 1882, and relevant case law to determine the absence of easementary rights by prescription, necessity, or agreement – The court concludes that the Appellant ‘s have not acquired any easementary rights over the disputed road and upholds the decisions of the appellate courts and the High Court.

Apr 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANISHA MAHENDRA GALA AND OTHERS — Appellant Vs. SHALINI BHAGWAN AVATRAMANI AND OTHERS — Respondent ( Before : Pankaj Mithal and Prashant Kumar Mishra,…

Labour Cases

The main issues revolve around the revision of pay scales, allowances, and the comparability of the employer’s units for wage determination – unal to re-examine the case afresh within six months – The Court found that the High Court overstepped its jurisdiction by re-appreciating evidence and making independent factual determinations – The Court referenced several cases to establish the scope of the High Court’s jurisdiction and the industry-cum-region test for wage revision

Apr 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE VVF LTD. EMPLOYEES UNION — Appellant Vs. M/S. VVF INDIA LIMITED AND ANOTHER — Respondent ( Before : Aniruddha Bose and Sanjay Kumar,…

Joint Family Property Matrimonial Property Matters

Suit for Partition – The Court found that ‘C’ remarriage extinguished her rights to her first husband’s property, and she could not pass on any title to the plaintiff – The Court applied the Hindu Widow’s Remarriage Act, 1856, and relevant case law to determine the impact of Chiruthey’s remarriage on her property rights – The Supreme Court concluded that the plaintiff could not inherit the property through ‘C’, as her rights were nullified upon remarriage, and the deeds did not confer valid title.

Apr 14, 2024 sclaw

2024 INSC 287 SUPREME COURT OF INDIA DIVISION BENCH KIZHAKKE VATTAKANDIYIL MADHAVAN (DEAD) THR. LRS. — Appellant Vs. THIYYURKUNNATH MEETHAL JANAKI AND OTHERS — Respondent ( Before : Aniruddha Bose…

Acquittal Cheque Dishonour

Negotiable Instruments Act, 1881 – Section 138 – Dishonour of Cheque – Acquittal -The High Court’s judgment, which upheld the acquittal, was based on the absence of valid documentary evidence of any enforceable debt or liability – Both appellate courts found no evidence of an “enforceable debt or other liability,” which is crucial for the petitioner’s case under Section 138 – The courts applied the principle of balance of probabilities and concluded that the respondent’s defence was plausible – The Supreme Court dismissed the petitions, finding no perversity in the appellate courts’ findings and no point of law warranting interference.

Apr 14, 2024 sclaw

2024 INSC 288 SUPREME COURT OF INDIA DIVISION BENCH M/S RAJCO STEEL ENTERPRISES — Appellant Vs. KAVITA SARAFF AND ANOTHER — Respondent ( Before : Aniruddha Bose and Sanjay Kumar,…

Election Laws

Representation of the People Act, 1951 – Section 100(1)(d)(iv) – The Court discussed the definition of ‘owner’ under the Motor Vehicles Act, 1988, and the Sale of Goods Act, 1930, to determine the impact of non-disclosure – The Court concluded that non-disclosure of the vehicles did not amount to undue influence and that Kri’s wealth declaration was not significantly affected by the non-disclosed assets – The final decision on the appeals is pending.

Apr 14, 2024 sclaw

2024 INSC 289 SUPREME COURT OF INDIA DIVISION BENCH KARIKHO KRI — Appellant Vs. NUNEY TAYANG AND ANOTHER — Respondent ( Before : Aniruddha Bose and Sanjay Kumar, JJ. )…

Accident

Motor Accident Claim – Enhancment of Compensation -The court found errors in the tribunal’s assessment of disability and income, leading to an increase in compensation for loss of future income and other damages – The court relied on precedents that emphasize the importance of adequate compensation for physical and emotional suffering caused by accidents – The appeal was allowed, enhancing the total compensation to Rs.2,42,120/- with directions for the insurance company to pay the balance amount with interest.

Apr 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AABID KHAN — Appellant Vs. DINESH AND OTHERS — Respondent ( Before : Sanjay Karol and Aravind Kumar, JJ. ) Civil Appeal No….of 2024…

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