Supreme Court of India Judgements

46660 Judgements hosted as on 19/11/2024 - Search (FREE), Subscribe, Read & Download

Month: July 2024

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 16, 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…

Constitution Prevention of Money Laundering Act

Prevention of Money Laundering Act, 2002 — Section 19 — Interim bail — Whether the “need and necessity to arrest” is a separate ground to challenge the order of arrest passed under Section 19(1) of the Act (PMLA) to a larger bench — The court also questioned whether the “need and necessity to arrest” refers to the satisfaction of formal parameters to arrest and take a person into custody or if it relates to other personal grounds and reasons regarding the necessity to arrest a person in the facts and circumstances of the case — The court further questioned the parameters and facts that are to be taken into consideration by the court while examining the question of “need and necessity to arrest” — The court’s observations are for deciding the present appeal and will not be construed as findings on the merits of the case or allegations — The court granted interim bail to Arvind Kejriwal, the Chief Minister of Delhi, who was arrested in connection with a money laundering case.

Jul 15, 2024 sclaw

2024 INSC 512 SUPREME COURT OF INDIA DIVISION BENCH ARVIND KEJRIWAL — Appellant Vs. DIRECTORATE OF ENFORCEMENT — Respondent ( Before : Sanjiv Khanna and Dipankar Datta, JJ. ) Criminal…

Constitution

Constitution of India, 1950 — Article 131 — Delhi Special Police Establishment Act, 1946 — Section 6 — The State of West Bengal filed a suit against the Union of India, challenging the Central Bureau of Investigation (CBI)’s authority to register cases in West Bengal after withdrawing consent under Section 6 of the DSPE Act — The main issue is the maintainability of the suit, which focuses on whether the CBI can continue to register and investigate cases without the state’s consent — The State argues that post-withdrawal of consent, the CBI’s actions are unconstitutional and violate federalism principles — The Union of India argues that the suit is not maintainable under Article 131 of the Constitution and that the CBI is under the superintendence of the Central Vigilance Commission (CVC) — The Court rejected the Union’s preliminary objections, stating that the jurisdiction under Article 131 is applicable and the dispute involves a question of law on which the existence or extent of a legal right depends — The suit will proceed on its merits, with the next hearing scheduled for August 13, 2024.

Jul 13, 2024 sclaw

2024 INSC 502 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF WEST BENGAL — Appellant Vs. UNION OF INDIA — Respondent ( Before : B.R. Gavai and Sandeep Mehta,…

Constitution

Foreigners Act, 1946 — Section 9 — Burden of proof — A person who is suspected of being a foreigner and whose case is referred to a Foreigners Tribunal (FT) under the Foreigners Act, 1946, must be given an opportunity to prove that they are not a foreigner — The burden of proof is initially on the state to establish a prima facie case that the person is a foreigner — If the state succeeds in doing so, the burden of proof shifts to the person to prove that they are an Indian citizen — The court must examine the evidence produced by both sides and make a determination based on a preponderance of evidence — If the state fails to establish a prima facie case, the person cannot be declared a foreigner — The court must also ensure that the person’s right to a fair trial is not violated and that they are not subjected to arbitrary detention or deportation -Sarbananda Sonowal v Union of India, (2005) 5 SCC 665 (Referred).

Jul 13, 2024 sclaw

2024 INSC 511 SUPREME COURT OF INDIA DIVISION BENCH MD. RAHIM ALI @ ABDUR RAHIM — Appellant Vs. THE STATE OF ASSAM AND OTHERS ( Before : Vikram Nath and…

C P C

Punjab Courts Act, 1918 – Section 41 – Second Appeals – Civil Procedure Code, 1908 (CPC) – Section 100 – The case revolves around the scope of Section 100 of the CPC and Section 41 of the Punjab Courts Act, specifically regarding the High Court’s power to re-appreciate evidence in second appeals – The petitioner argues that the High Court’s judgment was within its powers under Section 41 of the Punjab Act, and the Will in question was invalid due to suspicious circumstances – The respondent argues that the First Appellate Court’s findings were correct, the Will was genuine, and the High Court erred in its interference – The Supreme Court reviewed its previous judgment, acknowledging an error based on the legal position in Pankajakshi (Dead) Through Legal Representatives & Ors. v. Chandrika & Ors, (2016) 6 SCC 157, and decided to hear the Civil Appeal afresh on merits – The Supreme Court allowed the review petition, recalled its previous judgment, and decided the Civil Appeal on its merits, ultimately dismissing the appeal and upholding the trial court’s judgment.

Jul 5, 2024 sclaw

(2024) INSC 429 SUPREME COURT OF INDIA DIVISION BENCH LEHNA SINGH (D) BY LRS. — Appellant Vs. GURNAM SINGH (D) BY LRS. AND OTHERS — Respondent ( Before : Vikram…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 32(2)(c) – Termination of proceedings – The dispute revolves around the legality and validity of the termination of arbitral proceedings under Section 32(2)(c) of the Act, 1996, involving a development agreement and a memorandum of understanding between Appellants and Respondent – The Appellant argued that the Respondent abandoned the claim by not taking steps for eight years and failing to attend meetings, justifying the termination – The Respondent argued that there was no abandonment and the proceedings could not be terminated without a positive finding that continuation was unnecessary or impossible – The Supreme Court dismissed the appeal, stating that abandonment must be established and cannot be readily inferred – The court emphasized that the power under Section 32(2)(c) should only be exercised when proceedings have become unnecessary or impossible, not casually – The Court concluded that the Arbitral Tribunal committed illegality in terminating the proceedings, and the parties were directed to appoint a substituted arbitrator in accordance with the law – The appeal is dismissed with no order as to costs.

Jul 5, 2024 sclaw

(2024) INSC 433 SUPREME COURT OF INDIA DIVISION BENCH DANI WOOLTEX CORPORATION AND OTHERS — Appellant Vs. SHEIL PROPERTIES PVT. LTD. AND ANOTHER — Respondent ( Before : Abhay S.…

Prevention of Money Laundering

Prevention of Money Laundering Act, 2002 – Sections 4, 19 and 44 (1)(b) – The appellant, accused of complaints under Section 44(1)(b) of the Act, was denied anticipatory bail – They were not arrested post-ECIR registration until the Special Court took cognizance under the PMLA – The appellants argue that the power to arrest should not be exercised post-cognizance, and if an accused appears after summons, there’s no reason for arrest or custody – They also contend that provisions of the CrPC apply to proceedings before the Special Court – The respondent asserts that once an accused appears before the Special Court, they are deemed in its custody and must apply for bail under Section 439 of the CrPC – The Court granted leave to appeal and protected the appellants from arrest through interim orders – The Court examined the applicability of CrPC provisions to PMLA proceedings and the discretion of the Special Court in issuing summons or warrants – The Court concluded that the issuance of summons is to secure the accused’s presence, not custody – If the accused defies the summons, a bailable warrant may be issued.

Jul 5, 2024 sclaw

(2024) INSC 434 SUPREME COURT OF INDIA DIVISION BENCH TARSEM LAL — Appellant Vs. DIRECTORATE OF ENFORCEMENT JALANDHAR ZONAL OFFICE — Respondent ( Before : Abhay S. Oka and Ujjal…

Land Acquisition

Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 — Section 24(2) — Interpretation of — The court clarified that for land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1894 Act), to lapse under Section 24(2) of the 2013 Act, both conditions of non-payment of compensation and non-taking of possession must be fulfilled.

Jul 5, 2024 sclaw

2024 INSC 456 SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. TEJPAL AND OTHERS — Respondent ( Before : Surya Kant, Dipankar Datta and Ujjal Bhuyan,…

Bail Declined

Criminal Law – Double Murder – The case involves multiple criminal appeals against bail granted by the Allahabad High Court to accused in a double murder – The main issue is whether the High Court was justified in granting bail to the accused considering the seriousness of the offence and the stage of the trial -The appellant-complainant argued that the accused have a history of criminal activity, were the aggressors in the incident, and there is a risk of them tampering with witnesses – The accused-respondents assured they would not abscond and would cooperate with the trial, highlighting their permanent residence in the village – The Supreme Court quashed the bail orders, directing the accused to surrender, and emphasized that the observations made are not an opinion on the merits of the matter – The Court found that the High Court did not adequately consider the seriousness of the offense, the role of the accused, and their criminal antecedents – The Supreme Court applied established legal principles for bail consideration, focusing on the nature of the accusation, the gravity of the offense, and the likelihood of influencing the trial – The Supreme Court concluded that the respondents do not deserve bail and set aside the High Court’s orders, with a provision for the accused to apply for bail under new circumstances at a later stage.

Jul 5, 2024 sclaw

(2024) INSC 438 SUPREME COURT OF INDIA DIVISION BENCH AJWAR AND OTHERS — Appellant Vs. WASEEM AND ANOTHER — Respondent ( Before : Hima Kohli and Ahsanuddin Amanullah, JJ. )…

SC/ST

Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 – Section 4(2) – The Olympic Riding and Equestrian Academy (OREA) is facing disputes over allegations of caste-based discrimination and other complaints filed against trainees and administrators – The main issue is whether the complaints filed under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, were substantiated and whether FIRs should be registered – The appellants argued that the complaints were not made in public view and lacked specific details, thus not constituting offenses under the Act of 1989 – The respondent claimed that the complaints were ignored by the police and not investigated as mandated by the Act of 1989 – The Supreme Court allowed the criminal appeal, upholding the Metropolitan Magistrate’s order that dismissed the application for FIR registration under the Act of 1989 – The court found the allegations vague, did not specify the offenses, and were not made in public view – The impugned judgment of the High Court directing the registration of an FIR was set aside

Jul 4, 2024 sclaw

(2024) INSC 437 SUPREME COURT OF INDIA DIVISION BENCH PRITI AGARWALLA AND OTHERS — Appellant Vs. THE STATE OF GNCT OF DELHI AND OTHERS — Respondent ( Before : M.…

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