Supreme Court of India Judgements

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

Month: July 2024

C P C Joint Family Property Partition

Suit for Partition of jointly owned Property — Liability to render accounts — The court held that the defendant Nos. 3(a) and defendant Nos. 15 to 19 are liable to render accounts and contribute rent as assessed by the Trial Court during the course of passing the final decree for the portions in their respective possession The court clarified that being in self-occupation of a property does not absolve a co-sharer from rendering accounts — The defendant No. 3(a) who purchased the property from defendant No. 3 after it had already been vacated by a tenant, was held liable to contribute rent as determined by the Trial Court. Business carried out in the property — The court held that defendant Nos. 15 to 19, who admitted to carrying on their own business in the portion of the property in their possession, are liable to render accounts and contribute rent as determined by the Trial Court.

Jul 27, 2024 sclaw

2024 INSC 552 SUPREME COURT OF INDIA DIVISION BENCH RAJINDER KAUR (DECEASED) THROUGH LEGAL HEIR USHA — Appellant Vs. GURBHAJAN KAUR (DECEASED) THROUGH LRS UPINDER KAUR AND OTHERS — Respondent…

Education

NEET Examination — Supreme Court ruled that a fresh NEET (UG) 2024 examination is not necessary, and the results of the examination should be declared as valid, subject to certain modifications — The Court found no systemic breach in the sanctity of the examination and no conclusive material to lead to the conclusion that the entire result stands vitiated or that there was a systemic leak of the question paper — The Court allowed students with individual grievances to pursue their rights and remedies in accordance with law, including by moving the jurisdictional High Courts under Article 226 of the Constitution — The Court also constituted a seven-member Expert Committee to strengthen the process of conducting NEET (UG) and other examinations and prevent similar instances in the future.

Jul 27, 2024 sclaw

2024 INSC 553 SUPREME COURT OF INDIA FULL BENCH VANSHIKA YADAV — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI, J…

Environment

Genetically Modified Organisms — Regulation and approval of genetically modified organisms — Environmental release of transgenic mustard hybrid DMH-11 — The Supreme Court has quashed the approval of the environmental release of transgenic mustard hybrid DMH-11, developed by the Centre for Genetic Manipulation of Crop Plants (CGMCP) at the University of Delhi — The court found that the decision-making process was arbitrary and violated the precautionary principle — The court directed the government to take a fresh decision on the release of the transgenic mustard hybrid, considering the recommendations of the Technical Expert Committee (TEC) and the Parliamentary Standing Committee on Agriculture — The court also directed the government to formulate a National Policy on GM crops, involving all stakeholders, and to ensure transparency and public participation in the decision-making process — The court emphasized the importance of protecting the environment, biodiversity, and the health of citizens in the context of genetically modified organisms.

Jul 27, 2024 sclaw

2024 INSC 545 SUPREME COURT OF INDIA DIVISION BENCH GENE CAMPAIGN AND ANOTHER — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : B.V. Nagarathna and Sanjay…

Service Matters
Service

Service Law — Termination — The Supreme Court upheld the termination of a CRPF constable’s services for concealing information about pending criminal cases against him in his verification roll — The court held that the CRPF constable had deliberately withheld material information from the CRPF while filling up the verification roll, despite being aware of the FIR registered against him and the ensuing criminal cases — The court noted that the standard of rectitude to be applied to any person seeking appointment in a law enforcement agency must always be higher and more rigorous — The court also held that the CRPF had exercised its discretion as an employer in a reasonable manner and the decision to terminate the services of the constable was justified.

Jul 27, 2024 sclaw

2024 INSC 550 SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. SHISHU PAL @ SHIV PAL — Respondent ( Before : Hima Kohli and…

Service Matters
Service

Service Law — Promotion — Completion of the required service period for promotion does not automatically entitle an employee to be promoted from the date the position became vacant — The right to be considered for promotion is a fundamental right, but it does not translate into a vested right for promotion unless the rules explicitly provide for it. Seniority cannot be reckoned from the date of occurrence of the vacancy and cannot be given retrospectively unless it is expressly provided by the relevant service rules – that promotion to a higher position should only be granted from the date of promotion and not from the date on which a vacancy may have arisen — The court reiterated that no retrospective promotion can be granted unless it is so expressly provided by the relevant service rules.

Jul 27, 2024 sclaw

2024 INSC 549 SUPREME COURT OF INDIA DIVISION BENCH BIHAR STATE ELECTRICITY BOARD AND OTHERS — Appellant Vs. DHARAMDEO DAS — Respondent ( Before : Hima Kohli and Ahsanuddin Amanullah,…

I B C

Insolvency and Bankruptcy Code, 2016 — Section 7 — Liability of a corporate debtor and its subsidiary — The court emphasized that a holding company and its subsidiary are distinct legal entities, and the assets of a subsidiary cannot be included in the resolution plan of the holding company. Separate applications under Section 7 — The court held that a financial creditor can file separate applications under Section 7 of the IBC against the corporate debtor and the corporate guarantor, which can be filed simultaneously. The court clarified that the payment made by the corporate guarantor under a resolution plan does not discharge the liability of the corporate debtor to repay the loan amount.

Jul 27, 2024 sclaw

2024 INSC 548 SUPREME COURT OF INDIA DIVISION BENCH BRS VENTURES INVESTMENTS LTD. — Appellant Vs. SREI INFRASTRUCTURE FINANCE LTD. AND ANOTHER — Respondent ( Before : Abhay S. Oka…

Customs & Excise

Customs Act, 1962 — Sections 28, 28AB and 125 — When goods are confiscated under Section 125 of the Act, 1962, and later redeemed by paying a fine, the owner of the goods is liable to pay customs duty under Section 28 of the Act — This duty obligation arises only after the option to pay the fine is exercised, and it is a precondition for redemption — The court also held that the interest on delayed payment of duty under Section 28AB of the Act is also applicable in such cases — The decision settles the confusion regarding the applicability of Section 28 and Section 28AB in confiscation proceedings under Section 125 of the Act.

Jul 27, 2024 sclaw

2024 INSC 547 SUPREME COURT OF INDIA DIVISION BENCH M/S NAVAYUGA ENGINEERING CO. LTD. — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Pamidighantam Sri Narasimha…

Bail Granted Prevention of Money Laundering Act

Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483(3) — Prevention of Money Laundering Act, 2002 — Sections 4 and 44(1)(b) — The Supreme Court has set aside orders of the Delhi High Court that stayed the bail granted to appellant accused in a money laundering case — The court observed that the power to grant an interim stay of an order granting bail can only be exercised in exceptional cases where a strong prima facie case of the existence of grounds for cancellation of bail is made out — The court further clarified that as a normal rule, ex parte stay of an order granting bail should not be granted and the court must record brief reasons for coming to the conclusion that the case was an exceptional one — The appeals were allowed on these terms, and the findings recorded in the judgment were only for considering the legality and validity of the order of stay on the order granting bail.

Jul 27, 2024 sclaw

2024 INSC 546 SUPREME COURT OF INDIA DIVISION BENCH PARVINDER SINGH KHURANA — Appellant Vs. DIRECTORATE OF ENFORCEMENT — Respondent ( Before : Abhay S. Oka and Augustine George Masih,…

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

2024 INSC 520 SUPREME COURT OF INDIA DIVISION BENCH M/S OMSAIRAM STEELS & ALLOYS PVT. LTD. — Appellant Vs. DIRECTOR OF MINES AND GEOLOGY, BBSR AND OTHERS — Respondent (…

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

2024 INSC 521 SUPREME COURT OF INDIA DIVISION BENCH M/S. SUN PHARMACEUTICAL INDUSTRIES LTD. — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Sanjay Kumar and…

You missed

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