Supreme Court of India Judgements

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

Month: July 2024

I P C

Penal Code, 1860 (IPC) – Sections 120(b), 153(A) and 153(AA) – Unlawful Activities (Prevention) Act, 1967 – Sections 13, 17, 18, 18(B), 38 and 39 – The case involves the Popular Front of India (PFI), an extremist Islamic organization accused of spreading extremist ideology, committing terrorist acts, raising funds for terrorism, and recruiting members in Tamil Nadu – The central issue is whether the respondents, accused of serious offenses under the IPC and UAPA, should be granted bail – The Union of India, represented by NIA, argues that the High Court failed to appreciate the gravity of the offenses and the prima facie evidence against the respondents – The defence contends that the allegations are vague and the evidence, particularly the statements of protected witnesses, is unreliable – The Supreme Court set aside the High Court’s order granting bail, emphasizing the seriousness of the offenses and the sufficiency of prima facie evidence – The Court found that the High Court did not properly consider the material evidence and recorded perverse findings regarding the involvement of the respondents in the alleged offences – The Court relied on the provisions of the UAPA and past judgments to establish the standards for granting bail in cases involving terrorism – The Supreme Court concluded that the respondents should not be released on bail, given the reasonable grounds to believe the accusations against them are prima facie true and the potential threat to national security.

Jul 4, 2024 sclaw

(2024) INSC 452 SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant Vs. BARAKATHULLAH ETC. — Respondent ( Before : Bela M. Trivedi and Pankaj Mithal, JJ. )…

Accident

Motor Vehicle Act, 1988 – Section 173 – Enhancement of compensation – Indigent person – Appellant, an indigent person, was injured in a motor vehicle accident and filed a claim before the Motor Accident Claims Tribunal (MACT) for Rs. 10 lakhs – The MACT awarded her Rs. 2,41,745 with 9% interest from the date of the claim petition till realization – The appellant then filed an appeal before the High Court of Gujarat seeking enhanced compensation – The High Court dismissed the appeal and denied the appellant permission to file the appeal as an indigent person, stating that she had received compensation by the MACT and was therefore not indigent – The appellant argued that she was still indigent despite receiving compensation from the MACT, as she had not yet received the awarded amount – The Supreme Court allowed the appeal and set aside the High Court’s judgment – The court held that the appellant was still indigent despite receiving compensation from the MACT, as she had not yet received the awarded amount – The court granted the appellant liberty to appeal as an indigent person and requested the High Court to decide the appeal expeditiously, preferably within six months from the date of receipt of the copy of the judgment – The court relied on previous judgments to define the concept of an ‘indigent person’ and applied the principle that lack of monetary capability should not preclude a person from seeking justice – The Supreme Court allowed the appeal, set aside the High Court’s judgment, and granted the appellant liberty to appeal as an indigent person.

Jul 4, 2024 sclaw

(2024) INSC 457 SUPREME COURT OF INDIA DIVISION BENCH ALIFIYA HUSENBHAI KESHARIYA — Appellant Vs. SIDDIQ ISMAIL SINDHI AND OTHERS — Respondent ( Before : J.K. Maheshwari and Sanjay Karol,…

Bail Declined

Bail — The Supreme Court has disposed of two petitions filed by Manish Sisodia, challenging an order passed by the High Court of Delhi in Bail Application Nos. 1557 and 1559 of 2024 — The court has granted liberty to Sisodia to move a fresh application for bail in case of change in circumstances or if the trial is protracted and proceeds at a snail’s pace in the next three months — The court has clarified that the observations made in the judgment are only for the disposal of the present appeals and will not influence the trial court on the merits of the case, which will proceed in accordance with law and be decided on the basis of the evidence led — The court has also noted that all disputed factual and legal issues are left open — The Solicitor General has assured that the investigation will be concluded and the final complaint/charge sheet will be filed expeditiously, and at any rate on or before 03.07.2024, after which the trial court will be free to proceed with the trial.

Jul 4, 2024 sclaw

SUPREME COURT OF INDIA VACATION BENCH MANISH SISODIA — Appellant Vs. DIRECTORATE OF ENFORCEMENT — Respondent ( Before : Aravind Kumar and Sandeep Mehta, JJ. ) Petition(s) for Special Leave…

Child Custody

Visitation Rights — Appellant-mother is appealing against an order allowing the repatriation of her minor daughter to the United States of America, where her father resides — The Supreme Court granted the father’s request for visitation rights during his visit to India from 14.06.2024 to 30.06.2024 — The visitation rights will take place at Kohinoor Continental Hotel, Mumbai, on weekends falling on 15.06.2024 and 16.06.2024; 22.06.2024 and 23.06.2024; and 29.06.2024 and 30.06.2024 — During the visitation period, the father will surrender his passport with the Registrar of the Bombay High Court and ensure that he does not harm or take the child out of Mumbai — Additionally, he will arrange accommodation for the mother at the same hotel for the entire visitation period.

Jul 4, 2024 sclaw

SUPREME COURT OF INDIA VACATION BENCH SUPRIYA NAIR — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Prashant Kumar Mishra and Prasanna Bhalachandra Varale, JJ. )…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 41A — Notice of appearance before police officer — Petitioner Singh filed a Special Leave Petition against the State of Karnataka & others, challenging an order dated 23-05-2024 from the High Court of Karnataka —The main issue revolves around respondent No. 2’s non-compliance with a medical examination required by the Investigating Officer for the case’s investigation — Respondent No. 2, argued against the necessity of the medical examination, citing protection from coercive action by a previous High Court order —The Supreme Court stayed the High Court’s order, directing respondent No. 2 to undergo a medical examination on 10th July, 2024 —The Court found respondent No. 2’s unwillingness to undergo medical examination unconvincing and not protected under the right against self-incrimination —The Court emphasized compliance with Section 41-A notice and rejected apprehensions about the medical facility without a tenable basis — The Supreme Court ordered respondent No. 2 to present himself for the medical examination as part of the investigation process.

Jul 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH EKTA SINGH — Appellant Vs. THE STATE OF KARNATAKA AND OTHERS — Respondent ( Before : Sanjay Kumar and Augustine George Masih (Vacation Bench),…

Constitution

Water sharing Dispute — Sharing of Yamuna water between the National Capital Territory of Delhi and the States of Haryana and Himachal Pradesh — The court found that the issue is complex and sensitive, and that it lacks the expertise to decide on the matter — Instead, the court directed the Upper Yamuna River Board (UYRB), a body constituted with the agreement of the parties in a 1994 Memorandum of Understanding (MoU), to consider the issue — The UYRB has already directed the State of Delhi to submit an application for the supply of additional 150 Cusec of water on humanitarian grounds, and the court directed that the application be made by 5 p.m. today and that the UYRB convene a meeting tomorrow to take a decision on the matter.

Jul 4, 2024 sclaw

SUPREME COURT OF INDIA VACATION BENCH GOVERNMENT OF NCT OF DELHI — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent ( Before : Prashant Kumar Mishra and Prasanna Bhalachandra…

C P C I B C

Civil Procedure Code, 1908 (CPC) — Order 37 Rule 3(6)(b) — Suit for Recovery — Impact of Moratorium under IBC — The appellants argued that the moratorium under the Insolvency and Bankruptcy Code (IBC) should halt the proceedings — However, the High Court rejected this argument, stating that the moratorium only applies to cases where the company is undergoing insolvency proceedings — In this case, the suit was not against a company undergoing insolvency, and therefore, the moratorium did not apply.

Jul 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANISH M RAWTHER @ ANEES MOHAMMED RAWTHER — Appellant Vs. HAFEEZ UR RAHMAN AND OTHERS — Respondent ( Before : Vikram Nath and Prashant…

I P C

Penal Code, 1860 (IPC) — Sections 302 and 307 — The appellant, a police guard, was convicted for the murder of his cousin and neighbour, who allegedly had an affair with the appellant’s wife — The murder occurred inside a police station in Delhi —The appellant challenged his conviction and sentence, claiming self-defence or, alternatively, grave and sudden provocation — The appellant argued for self-defence, stating the deceased attempted to snatch his weapon to kill him — The prosecution presented eyewitness accounts and forensic evidence to establish a premeditated murder — The Supreme Court dismissed the appeal, upholding the conviction and life sentence for murder, finding no evidence of self-defence or grave and sudden provocation.

Jul 4, 2024 sclaw

2024 INSC 462 SUPREME COURT OF INDIA DIVISION BENCH SURENDER SINGH — Appellant Vs. STATE (NCT OF DELHI) — Respondent ( Before : Sudhanshu Dhulia and Rajesh Bindal, JJ. )…

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