July 2024 - Page 2 of 4 - Supreme Court of India Judgements

December 21, 2024 11:39 pm

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

2024 INSC 530 SUPREME COURT OF INDIA DIVISION BENCH KIRAN JYOT MAINI — Appellant Vs. ANISH PRAMOD PATEL — Respondent ( Before : Vikram Nath and Prashant Kumar Mishram, JJ.…

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

2024 INSC 531 SUPREME COURT OF INDIA DIVISION BENCH BIHAR STAFF SELECTION COMMISSION AND ANOTHER — Appellant Vs. HIMAL KUMARI AND ANOTHER ETC. — Respondent ( Before : Vikram Nath…

Arbitration

Arbitration and Conciliation Act, 1996 — Where, under an appointment procedure agreed upon by the parties — Section 11(6) —The Supreme Court has clarified the scope of judicial scrutiny under Section 11(6) of the Act, 1996 — The court held that the court’s role in appointing an arbitrator is limited to examining the existence of an arbitration agreement and not to delve into the merits of the dispute or the validity of the agreement — The court further clarified that the issue of whether a claim is time-barred or not should be left to the arbitrator to decide, and the court should not conduct an intricate enquiry into the same — The court’s role is to ensure that the parties’ intention to resolve disputes through arbitration is upheld, and the legislative intention of minimum judicial interference in arbitral proceedings is given full effect — The court’s decision aims to streamline the position of law and avoid conflicts between different decisions in the future.

Jul 20, 2024 sclaw

2024 INSC 532 SUPREME COURT OF INDIA FULL BENCH SBI GENERAL INSURANCE CO. LTD. — Appellant Vs. KRISH SPINNING — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., J.B.…

I P C Unlawful Activities (Prevention) Act

Unlawful Activities (Prevention) Act, 1967— Section 16 — Sanction for prosecution — The court held that a sanction for prosecution under Section 16 of the Act, 1967, must be based on an independent review of the evidence collected during the course of investigation by the appropriate authority — If the sanction is not based on such a review, it is invalid – while the gravity of the offence and the possibility of tampering with evidence are important considerations, they must be balanced against the accused’s right to liberty — The court must ensure that the accused is not kept in custody for an unreasonable period of time- that a foreign national cannot be denied bail solely on the ground that they are a foreign national — The court must consider other factors, such as the length of time already spent in custody, the likelihood of the trial being completed in the near future, and the accused’s ties to the community – bail conditions cannot be arbitrary or onerous, and they must be consistent with the object of granting bail — The court cannot impose conditions that infringe upon the accused’s right to privacy or that are impossible for the accused to comply with.

Jul 20, 2024 sclaw

2024 INSC 534 SUPREME COURT OF INDIA DIVISION BENCH SHEIKH JAVED IQBAL @ ASHFAQ ANSARI @ JAVED ANSARI — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before :…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 227 — Discharge — The appellant, had filed an application under Section 227 of the Cr.PC seeking discharge in a case related to the custodial death of cashier/accountant — The court found that there was no sufficient ground for proceeding against the appellant based on the record of the case and the documents submitted therewith — The court clarified that its observations were made only in relation to the appellant and not the other accused in the case — The court allowed the application filed by the appellant under Section 227, Cr.PC, and discharged the appellant from the case.

Jul 16, 2024 sclaw

2024 INSC 522 SUPREME COURT OF INDIA DIVISION BENCH RAM PRAKASH CHADHA — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : C.T. Ravikumar and Sudhanshu Dhulia,…

Constitution Reservation

Constitution of India, 1950 — Article 341 — Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1991 — The Supreme Court has quashed the Bihar government’s 2015 resolution that sought to merge the “Tanti-Tantwa” caste with the “Pan-Sawasi” caste in the Scheduled Castes list — The court ruled that the state government had no authority or power to alter the list of Scheduled Castes notified under Article 341 of the Constitution — The court also directed that any appointments made under the 2015 resolution be set aside, and the posts be returned to the Scheduled Castes quota — The members of the “Tanti-Tantwa” community who were appointed under the resolution will be accommodated in their original category of Extremely Backward Classes.

Jul 16, 2024 sclaw

2024 INSC 528 SUPREME COURT OF INDIA DIVISION BENCH DR. BHIM RAO AMBEDKAR VICHAR MANCH BIHAR — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before :…

State Laws

Punjab Agricultural Produce Markets Act, 1961 — Section 23 — Punjab Rural Development Act, 1987 — Section 5 — Exemption from Market fees — Market fees and Rural Development fees are distinct fees levied under two different statutes with different objects and purposes — The court further clarified that the exemption from Market fees under the 2003 Industrial Policy does not automatically extend to Rural Development fees — The court set aside the orders of the Punjab & Haryana High Court and dismissed the writ petition exemption from payment of Rural Development fees.

Jul 16, 2024 sclaw

2024 INSC 526 SUPREME COURT OF INDIA DIVISION BENCH STATE OF PUNJAB AND OTHERS — Appellant Vs. M/S PUNJAB SPINTEX LTD. — Respondent ( Before : Vikram Nath and Prashant…

I P C

Penal Code, 1860 (IPC) — Section 494 — Bigamy — The appellant accused his wife (first accused) of committing bigamy by marrying the second accused while their marriage was still valid — The trial court convicted the first and second accused, but the High Court later acquitted them — Whether the High Court was right in not restoring the sentence imposed by the trial court and whether the sentence was too lenient — The Supreme Court modified the sentence to six months of simple imprisonment and reduced the fine to Rs. 2,000 each — The Court emphasized the importance of proportionality in sentencing and the need to impose adequate punishment for serious offenses like bigamy.

Jul 16, 2024 sclaw

2024 INSC 523 SUPREME COURT OF INDIA DIVISION BENCH BABA NATARAJAN PRASAD — Appellant Vs. M. REVATHI — Respondent ( Before : C.T. Ravikumar and Sanjay Kumar, JJ. ) Criminal…

C P C

Civil Procedure Code, 1908 (CPC) — Order 23 Rule 3 — Validity of Compromise Decrees — The court clarified that for a valid compromise decree, there must be a lawful agreement or compromise in writing and signed by the parties, which must then be proved to the satisfaction of the court — Mere statements of the parties before the court about such a said compromise cannot satisfy the requirements of Order 23 Rule 3 of the CPC. The court held that if an order is not a compromise decree under Order XXIII Rule 3, then the restrictions imposed under Rule 3A would have no relevance. Transfer of Property Act, 1882 — Section 52 — Doctrine of Lis Pendens — The court clarified that the execution of a sale deed during the pendency of a suit does not make the sale deed void ab initio — The purchaser takes the bargain subject to the rights of the plaintiff in the pending suit.

Jul 16, 2024 sclaw

2024 INSC 527 SUPREME COURT OF INDIA DIVISION BENCH AMRO DEVI AND OTHERS — Appellant Vs. JULFI RAM (DECEASED) THROUGH LRS. AND OTHERS — Respondent ( Before : Vikram Nath…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 321 — Penal Code, 1860 (IPC) — Sections 147, 148, 149, 307 and 302 — Withdrawal of prosecution — The Supreme Court has set aside the withdrawal of prosecution of an accused in a double murder case, who was elected as a Member of Legislative Assembly (MLA) in Uttar Pradesh — The court observed that political power should not be leveraged to secure the withdrawal of prosecution of an accused person named in the charge sheet after thorough investigation — The court also criticized the High Court for repeatedly allowing adjournments in the case, allowing the accused persons to deploy dilatory tactics to delay their trial — The court directed the High Court to ensure that justice is not further delayed or compromised due to political influence or any other extraneous factors — The court emphasized the paramount importance of ensuring the progression of the trial without further delay.

Jul 16, 2024 sclaw

2024 INSC 529 SUPREME COURT OF INDIA DIVISION BENCH SHAILENDRA KUMAR SRIVASTAVA — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Vikram Nath and…

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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

Month: July 2024

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