Supreme Court of India Judgements

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Month: May 2024

Arbitration National Highways Authority Act

National Highways Authority of India Act, 1988 – Section 3 – Arbitration and Conciliation Act 1996 – Sections 34 and 37 – NHAI awarded a contract to Hindustan Construction Company Ltd. for the Allahabad Bypass Project, leading to disputes over additional costs – The main issues involved claims for increased rates of royalty, sales tax, forest transit fees, and payment for embankment work – NHAI argued that price adjustments should be based on the Wholesale Price Index (WPI) and that embankment construction was part of clearing and grubbing activities – Hindustan Construction argued that additional costs due to subsequent legislation were admissible separately – The Arbitral Tribunal awarded additional costs for increased royalty, forest transit fees, and payment for embankment work – The High Court confirmed the award, and the Supreme Court upheld the concurrent findings, stating that the interpretation of contract terms by the Arbitral Tribunal was reasonable – The Supreme Court dismissed appeals, finding no merit in the challenges to the Arbitral Tribunal’s award and the High Court’s judgments.

May 12, 2024 sclaw

2024 INSC 388 SUPREME COURT OF INDIA DIVISION BENCH NATIONAL HIGHWAYS AUTHORITY OF INDIA — Appellant Vs. M/S HINDUSTAN CONSTRUCTION COMPANY LTD. — Respondent ( Before : Abhay S. Oka…

Acquittal

Penal Code, 1860 (IPC) – Section 302 – Murder – The main issue is the reliability of eyewitnesses and the identification of the assailants who fired at the victim resulting in his death – The appellant’s counsel argued that the eyewitnesses’ testimonies are unreliable and that the incident’s description is improbable, suggesting that the appellant was falsely implicated – The State opposed the appeal, asserting that the conviction is based on concurrent findings of facts by the trial court and the High Court – The Court found the eyewitnesses’ behavior unnatural and their presence at the crime scene doubtful – It also noted significant gaps in the prosecution’s narrative – The Court referenced previous cases to support its decision, emphasizing the improbability of the prosecution’s story and the unnatural conduct of the witnesses – The Supreme Court set aside the lower courts’ judgments, acquitted the appellant, and ordered his immediate release if not required in any other case.

May 12, 2024 sclaw

2024 INSC 384 SUPREME COURT OF INDIA DIVISION BENCH JAGVIR SINGH — Appellant Vs. STATE OF U.P. ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal Appeal No(s).…

I P C Murder

Penal Code, 1860 (IPC) – Section 302 – Murder of wife – The appeal raises questions about the admissibility of evidence, particularly the statement of a witness recorded under Section 299 CrPC and a confessional note allegedly written by the appellant – The appellant’s counsel argued that the trial court erred in admitting the statement of the complainant and questioned the authenticity of the confessional note and the handwriting expert’s report – The State contended that the chain of incriminating circumstances was complete and pointed exclusively towards the appellant’s guilt, emphasizing the reliability of the confessional note and the absence of the appellant post-crime – The Court found that the prosecution had established a complete chain of incriminating evidence, including motive, last seen together, medical evidence, confessional note, and the appellant’s abscondence – The Court relied on provisions of Section 299 CrPC and Section 33 of the Indian Evidence Act, affirming the admissibility of the witness’s statement recorded in the appellant’s absence – The Supreme Court upheld the judgments of the trial court and the High Court, concluding that the appellant was guilty of the murder of his wife and should surrender to serve the remainder of his sentence – If he fails to surrender, the trial court is directed to take steps to apprehend him.

May 12, 2024 sclaw

2024 INSC 385 SUPREME COURT OF INDIA DIVISION BENCH SUKHPAL SINGH — Appellant Vs. NCT OF DELHI — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal…

Land Acquisition

Land Acquisition Act, 1894 – Section 4(1) – Determination of fair market value – The appellants, land losers, sought enhanced compensation for their lands acquired for the Hippargi Barrage project in 2007 – The initial compensation was Rs.1,31,263 per acre – The main issue was the determination of fair market value for the acquired irrigated lands – The appellants argued for compensation at the rate of Rs.5,00,000 per acre, citing a precedent where the High Court awarded this amount for similar lands – The respondent contended that the High Court erred in interpreting an affidavit related to a different acquisition in 2009, where Rs.5,00,000 per acre was awarded – The Supreme Court modified the High Court’s order, fixing the market value at Rs.4,50,000 per acre with all statutory benefits, but upheld the denial of interest for delay in filing cross-objections – The Court considered the market value agreed upon for lands acquired in 2004-2005 and applied an escalation rate to determine the compensation for the appellants’ lands acquired in 2007 – The appeals were allowed in part, setting a new compensation rate, with the order not to be treated as a precedent.

May 12, 2024 sclaw

2024 INSC 386 SUPREME COURT OF INDIA DIVISION BENCH SHRIPAL AND ANOTHER — Appellant Vs. KARNATAKA NERAVARI NIGAM LTD. AND ANOTHER — Respondent ( Before : B.R. Gavai and Sandeep…

I P C

Criminal Law – ‘History Sheet’ – The appellant challenged the inclusion of his minor children’s details in a ‘History Sheet’ and the proposal to declare him a ‘Bad Character’ in the police records – The primary issue was the inclusion of innocent family members, particularly minors, in the ‘History Sheet’ without any adverse material against them – The appellant argued for the quashing of the ‘History Sheet’ and the proposal to declare him a ‘Bad Character’, emphasizing the lack of evidence against his minor children – The Delhi Police agreed to revisit the rules to ensure the dignity and privacy of innocent individuals are not compromised – The court modified the impugned judgment, directing the amended Standing Order to be applied to the appellant’s case and designating a senior officer to audit ‘History Sheets’ – The court recognized the need to protect the identity of minors and ensure that ‘History Sheets’ do not unfairly target innocent individuals – The judgment referenced the Juvenile Justice Act and the prohibition on disclosing the identity of minors, emphasizing the need for police to adhere to these provisions – The court concluded by expanding the scope of the proceedings to address potential biases in police practices and directed all states and union territories to consider amendments similar to the ‘Delhi Model’.

May 12, 2024 sclaw

2024 INSC 383 SUPREME COURT OF INDIA DIVISION BENCH AMANATULLAH KHAN — Appellant Vs. THE COMMISSIONER OF POLICE, DELHI AND OTHERS — Respondent ( Before : Surya Kant and K.V.…

POCSO

Penal Code, 1860 (IPC) – Sections 376(i) and 342 – Protection of Children from Sexual Offences Act, 2012 – Sections 4, 5, 6, 7, 8 and 14(3)– The appeal involves a Child in Conflict with Law (CCL) challenging the High Court’s order which set aside the Juvenile Justice Board’s decision and directed the trial to be conducted by the Children’s Court – The core issue is whether the CCL should be tried as a juvenile by the Board or as an adult by the Children’s Court, based on the preliminary assessment reports – The CCL’s counsel argued against the practice of passing orders without detailed reasons, the legality of the orders passed by the Board, and the deprivation of the CCL’s right to appeal – The State’s counsel contended that the Children’s Court can reconsider the Board’s decision and that the time limit for preliminary assessment under the Act is not mandatory – The judgment discusses the relevant provisions of the Juvenile Justice Act, the mandatory or directory nature of the time period for preliminary assessment, and the exercise of revisional power by the High Court – The Court examines the procedural anomalies in the Act, the validity of the Board’s orders, and the remedy of appeal available to the appellant – The reasoning includes interpretation of the Act’s provisions, the role of the Board and the Children’s Court, and the application of the rules for preliminary assessment – The Court concludes with directions and reliefs based on the analysis of the arguments and legal provisions involved.

May 12, 2024 sclaw

2024 INSC 387 SUPREME COURT OF INDIA DIVISION BENCH CHILD IN CONFLICT WITH LAW THROUGH HIS MOTHER — Appellant Vs. THE STATE OF KARNATAKA AND ANOTHER — Respondent ( Before…

Constitution Service

Judicial Services – Judicial Appointment – Minimum qualifying marks in the viva voce test for appointment to the District Judiciary in the States of Bihar and Gujarat – The petitioners argue that the prescription of minimum qualifying marks for viva voce is arbitrary and unreasonable and violates their fundamental rights under Articles 14 and 16 of the Constitution – The respondents argue that the selection process is legally valid and in accordance with the relevant rules and regulations – The court concludes that the prescription of minimum qualifying marks for viva voce is permissible and is not in violation of the law laid down by the Supreme Court in All India Judges Association and Others vs. Union of India and Others – The court also finds that the impugned selection process in the State of Bihar and Gujarat is legally valid and is upheld – The court further concludes that the non-consultation with the Public Service Commission would not render the Gujarat Rules, 2005 (as amended in 2011) void – The writ petitions are dismissed without any order on cost.

May 11, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ABHIMEET SINHA AND OTHERS — Appellant Vs. HIGH COURT OF JUDICATURE AT PATNA AND OTHERS — Respondent ( Before : Hrishikesh Roy and Prashant…

Matrimonial

Hindu Marriage Act, 1955 – Section 13(1)(ia) – Divorce based on irretrievable breakdown of marriage – Ground of Irretrievable Breakdown – The court recognized irretrievable breakdown of marriage as a valid ground for divorce, even though it is not explicitly mentioned in the Hindu Marriage Act, 1955 – This expands the scope of grounds for divorce and provides a more compassionate approach to ending a marriage that has irreparably broken down.

May 11, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JATINDER KUMAR SAPRA — Appellant Vs. ANUPAMA SAPRA — Respondent ( Before : Vikram Nath and Satish Chandra Sharma, JJ. ) Civil Appeal No(S).of…

I P C

Penal Code, 1860 (IPC) – Sections 302 – Murder of Wife – The court held that the prosecution successfully established the guilt of the appellant beyond a reasonable doubt – The court pointed out that the incident occurred inside the appellant’s house, and the deceased was found in a pool of blood- The court also noted that the appellant failed to disclose the involvement of any unknown intruders to the police – The court rejected the defence’s argument that the incident was a result of a sudden fight, stating that the appellant took undue advantage and acted in a cruel manner.- The court applied Section 106 of the Indian Evidence Act, which places the burden of proof on the person who claims to have special knowledge of the facts.The case was based on circumstantial evidence, and the court found the appellant guilty of murder – False Explanation – The appellant’s false explanation regarding the incident was considered an additional incriminating circumstance.

May 11, 2024 sclaw

2024 INSC 368 SUPREME COURT OF INDIA FULL BENCH ANEES — Appellant Vs. THE STATE GOVT. OF NCT — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI, J.B. Pardiwala…

Cr P C

Penal Code, 1860 (IPC) – Sections 323, 406, 498A and 506 – Cruelty – Quashing of Chargesheet based on an FIR lodged by the appellant’s wife – The main issue is whether the criminal proceedings against the appellant should be quashed based on the allegations of dowry harassment and cruelty – The appellant argues that the FIR is vague, general, and lacks specific instances of criminal conduct – It is claimed to be a counterblast to a divorce petition and a domestic violence case, with an unexplained delay in filing the FIR indicating malice – The respondent contends that the allegations in the FIR disclose a cognizable offence and the truthfulness of these allegations should be determined by the trial court – The Supreme Court quashed the criminal proceedings, finding them to be an abuse of process and a travesty of justice – The Court reasoned that the allegations were made with an oblique motive and that continuing the proceedings would be unjust – The Court applied the principles from previous cases, emphasizing the need to scrutinize allegations in matrimonial disputes carefully and to prevent misuse of legal provisions – The Court concluded that the inherent power under Section 482 of the Cr.P.C. should have been exercised by the High Court to quash the proceedings and called for a relook at the relevant legal provisions to address the pragmatic realities of matrimonial disputes.

May 11, 2024 sclaw

2024 INSC 369 SUPREME COURT OF INDIA DIVISION BENCH ACHIN GUPTA — Appellant Vs. STATE OF HARYANA AND ANOTHER — Respondent ( Before : J.B. Pardiwala and Manoj Misra, JJ.…

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Tenders & Contracts

E-auction — Typographical error — e-auction for a manganese and iron ore block submitted a bid of 140.10% instead of its intended bid of 104.10% due to a typographical error — The court allowed the company’s appeal and ordered a fresh e-auction for the block — The company was also ordered to pay Rs 3 crore ($400,000) to the state as compensation for the delay caused by its error.

Jul 20, 2024 sclaw
Corporate

Drugs (Price Control) Order, 1995 — Paragraph 13 — Recovery of overcharged amount of drugs — Demand made by the National Pharmaceutical Pricing Authority (NPPA) to recover an overcharged amount for a Cloxacillin-based drug formulation called Roscilox — The Court found that the appellant’s admission of purchasing the drug directly from the manufacturer made it liable under Paragraph 13 of the Drugs (Price Control) Order, 1995 (DPCO) — The Court also rejected the appellant’s claim that it was only a ‘dealer’ and not a ‘distributor’ under the DPCO, as the definitions of these terms under the DPCO are not mutually exclusive — The Court further noted that the objective of the DPCO is to control the prices of medicinal drug formulations and ensure they are made available to the common man, and thus, the provision should not be subjected to a restricted or hidebound interpretation — Appeal Dismissed.

Jul 20, 2024 sclaw
I P C Matrimonial

Penal Code, 1860 (IPC) — Sections 498A, 323 and 504 — Dowry Prohibition Act, 1961 — Sections 3 and 4 — Irretrievable breakdown of marriage as a ground for divorce — The court recognized that irretrievable breakdown of marriage, where the parties have been living separately for a significant period and all efforts at reconciliation have failed, can be a valid ground for divorce — This expands the grounds for divorce beyond the traditional grounds mentioned in the Hindu Marriage Act, 1955.— One-time settlement as a mode of permanent alimony — The court allowed the parties to opt for a one-time settlement as a mode of permanent alimony, instead of periodic payments — This provides flexibility to the parties in resolving their financial obligations towards each other.

Jul 20, 2024 sclaw
Service

Bihar City Manager Cadre (Appointment and Service Conditions) Rules, 2014 — Rules 5 and 11 — The Supreme Court has dismissed appeals challenging the validity of a judgment by the Patna High Court, which allowed a candidate to be considered for appointment as a City Manager in Bihar — The candidate had scored to meet up the minimum qualifying marks of 32% — The court found that the minimum qualifying marks were only for the written test and not for the overall selection process — The court also rejected the appellants’ reliance on an executive order issued in 2007, stating that it was not applicable to the rules issued in 2014 — The court concluded that the candidate was eligible and qualified to be considered for appointment as she had met the minimum qualifying marks in the written test.

Jul 20, 2024 sclaw