August 2024 - Page 3 of 5 - Supreme Court of India Judgements

November 18, 2024 12:03 am

Penal Code, 1860 (IPC) — Sections 193, 376 and 504 — Establishing relations on the false pretext of marriage — Accused was granted bail, which the complainant sought to cancel — Whether the appellant’s denial in his affidavit constitutes an offence under Section 193 IPC (false evidence) — Petitioner argue that mere denial of averments does not constitute perjury — The court is not bound to make a complaint under Section 195(1)(b) unless it is expedient in the interest of justice — Respondent states that the appellant misrepresented facts and continued relations with the complainant despite being engaged to someone else —The Supreme Court set aside the High Court’s direction to file a complaint against the appellant for perjury —Denial simpliciter does not meet the threshold for perjury — No malafide intention or deliberate attempt was evident from the appellant’s statements —Prosecution for perjury should be initiated only in exceptional circumstances where there is deliberate falsehood on a matter of substance —The appeal was allowed, and the proceedings arising from the High Court’s direction were quashed — The decision does not affect the ongoing criminal case against the appellant.

Aug 18, 2024 sclaw

2024 INSC 601 SUPREME COURT OF INDIA DIVISION BENCH JAMES KUNJWAL @APPELANT Vs. STATE OF UTTARAKHAND AND ANOTHER — Respondent ( Before : B.R. Gavai, Sanjay Karol and K.V. Viswanathan,…

Cheque Dishonour

Burden of Proof in Section 138 N.I. Act Cases — The court reaffirmed that once the issuance of a cheque and its dishonor for insufficiency of funds are established, a presumption arises under Sections 138, 139, and 118(a) of the N.I. Act that the amount mentioned in the cheque was legally due and payable by the drawer to the payee — The burden then shifts to the accused to rebut this presumption by producing satisfactory evidence.

Aug 18, 2024 sclaw

2024 INSC 602 SUPREME COURT OF INDIA DIVISION BENCH SRI SUJIES BENEFIT FUNDS LIMITED — Appellant Vs. M. JAGANATHUAN — Respondent ( Before : Hima Kohli and Ahsanuddin Amanullah, JJ.…

Bail Granted Unlawful Activities (Prevention) Act

Bail is the rule, jail is the exception — The court reiterated the well-established principle that bail should be the norm and imprisonment should be the exception — This principle applies even in cases involving stringent conditions for the grant of bail, as in the UAPA.

Aug 18, 2024 sclaw

2024 INSC 604 SUPREME COURT OF INDIA DIVISION BENCH JALALUDDIN KHAN — Appellant Vs. UNION OF INDIA — Respondent ( Before : Abhay S. Oka and Augustine George Masih, JJ.…

I P C

Penal Code, 1860 (IPC) — Sections 304 Part I and 304 Part II — Murder during a quarrel in family dispute — Modification of sentence — The main issue is whether the conviction should be under Section 304 Part I or Part II of the IPC — The petitioner argued that the incident was a result of self-defence and that the conviction should be set aside — The respondent supported the High Court’s decision and argued for the dismissal of the appeal — The Supreme Court upheld the High Court’s decision to alter the conviction from Section 304 Part I to Part II IPC but modified the sentence to the period already undergone by the appellant — The Court noted the emotional state of the young appellant and the non-premeditated nature of the incident — The Court emphasized the heat of the moment and the lack of control over anger leading to the incident — The appeal was partly allowed, modifying the sentence to the period already undergone while maintaining the conviction.

Aug 18, 2024 sclaw

2024 INSC 609 SUPREME COURT OF INDIA DIVISION BENCH HUSSAINBHAI ASGARALI LOKHANDWALA AND OTHERS — Appellant Vs. STATE OF GUJARAT AND OTHERS — Respondent ( Before : Abhay S. Oka…

Service

Gujarat Civil Services (Pay) Rules, 2002 — Rule 21 — Stepping up of a pay of Government Employee on the basis of the pay of his junior — Whether the principle of stepping up the pay of an employee based on the pay of a junior applies when the appellants are on a lesser pay scale than Assistant Professors appointed before them as ad hoc lecturers and subsequently regularized — Whether Rule 21 of the 2002 Pay Rules applies to the appellants’ situation, where juniors are paid more due to their ad hoc services being counted for Senior Scale/Selection Grade — The appellants argued that they are entitled to pay parity with their juniors under Rule 21, as they belong to the same cadre and the anomaly in pay is due to the application of the rule — The respondents contended that Rule 21 does not apply as the anomaly is not a direct result of the rule but due to the juniors’ ad hoc services being counted — The Supreme Court dismissed the appeals, holding that Rule 21 is inapplicable as the anomaly is not a direct result of the rule — The court reasoned that granting the appellants’ request would result in inequity, as they would benefit from years of service they did not render — The appeals were dismissed, and Rule 21 was deemed inapplicable in this case.

Aug 18, 2024 sclaw

2024 INSC 608 SUPREME COURT OF INDIA DIVISION BENCH MAHESHKUMAR CHANDULAL PATEL AND ANOTHER — Appellant Vs. THE STATE OF GUJARAT AND OTHERS — Respondent ( Before : Vikram Nath…

Constitution

Cess and Other Taxes on Minerals (Validation) Act 1992 — The case involves the Mineral Area Development Authority (MADA) and the Steel Authority of India (SAIL), focusing on the validity of state tax demands on mineral rights — Whether the judgment in MADA should be applied retrospectively or prospectively, impacting tax demands and commercial transactions — Petitioners argue for prospective application to avoid retrospective tax burdens on end consumers and commercial disruptions — Respondents argue that prospective overruling should not apply to tax legislation, emphasizing the public interest and financial stability of states — The court rejected the prospective application of the MADA judgment, allowing states to levy taxes but with conditions to mitigate financial burdens on assesses — The court emphasized the need to balance financial interests of states and assesses, avoiding retrospective tax demands before April 2005 — The court applied the doctrine of prospective overruling to ensure equitable outcomes and financial stability — The court provided a pragmatic solution to reconcile conflicting interests, allowing tax demands with staggered payments and waived interest for the period before July 2024.

Aug 18, 2024 sclaw

2024 INSC 607 SUPREME COURT OF INDIA 8 JUDGES BENCH MINERAL AREA DEVELOPMENT AUTHORITY AND ANOTHER — Appellant Vs. M/S STEEL AUTHORITY OF INDIA AND ANOTHER ETC. — Respondent (…

Specific Performance

Date of Performance determines Limitation Period — The Court clarified that when a specific date for performance is fixed in a contract, the limitation period for filing a suit for specific performance begins to run from that date, not from any later date mentioned in the agreement regarding its validity — This interpretation reinforces the principle that the statute of limitations is triggered by the failure to perform as agreed, not by the contract’s overall duration.Validity Clause does not Extend Limitation Period — The Court held that a clause in a contract extending its validity does not automatically extend the limitation period for enforcing the contract’s terms — This distinction is crucial for determining when legal action must be initiated to seek specific performance.

Aug 13, 2024 sclaw

2024 INSC 599 SUPREME COURT OF INDIA DIVISION BENCH USHA DEVI AND OTHERS — Appellant Vs. RAM KUMAR SINGH AND OTHERS — Respondent ( Before : Vikram Nath and Prasanna…

Limitation

Limitation Act, 1963 — Section 5 — Condonation of Delay — The appellant was penalized for deserting his family and living with another woman — The penalty was challenged due to procedural delays and alleged mistakes by his counsel — Whether the delay in filing the appeal should be condoned and whether the penalty imposed was justified — The delay was due to the counsel’s mistake, and the penalty was disproportionate since the complainant (his wife) had withdrawn her complaint — The representations were examined and rejected, and the withdrawal of the O.A. was authorized by the appellant — The Supreme Court set aside the impugned orders, holding that the appellant is entitled to all consequential benefits — The delay was sufficiently explained, and the penalty was disproportionate given the withdrawal of the complaint and lack of evidence — The court emphasized a liberal approach to condonation of delay and the need for substantial justice — The appeals were allowed, and the appellant was granted all consequential benefits.

Aug 13, 2024 sclaw

2024 INSC 577 SUPREME COURT OF INDIA DIVISION BENCH MOOL CHANDRA — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Aravind Kumar and Sandeep Mehta, JJ.…

Constitution

Constitution of India, 1950 — Articles 21, 39(e), 42, 43, and 48A — Highlighting the State’s duty to ensure workers’ health and safety — Issue of ‘silicosis’ among workers in various industries in India — The main issues were the prevalence of silicosis, lack of detection, monitoring, and remedial measures , and violation of workers fundamental rights — Right to health and safety under Article 21 of the Constitution was being neglected, and the State’s failure to protect workers and provide adequate care was a violation of constitutional mandates — They were directed to provide compensation and rehabilitation for affected workers and to ensure compliance with safety measures — The Court directed the NGT to oversee the environmental aspects and the NHRC to oversee the compensation process — The Court emphasized the need for systemic reforms to address the detection, prevention, and treatment of silicosis and to protect workers’ health and rights — The writ petition was disposed of with directions to the NGT and NHRC to ensure compliance with the Court’s orders and to take necessary steps to prevent the spread of silicosis and ensure compensation for affected workers.

Aug 13, 2024 sclaw

2024 INSC 582 SUPREME COURT OF INDIA DIVISION BENCH PEOPLES RIGHTS AND SOCIAL RESEARCH CENTRE (PRASAR) AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before…

I P C

Penal Code, 1860 (IPC) — Sections 384, 389, 406 and 420 r/w Section 34 and 120B — Quashing of the summoning order and criminal proceedings — The appellant challenged the High Court of Jharkhand’s decision to quash the summoning order and criminal proceedings related to a fraud case — Whether the High Court was correct in quashing the summoning order and criminal proceedings — The appellant argued that the documents submitted by the respondents were forged and that the High Court overstepped its jurisdiction by quashing the summoning order —The respondents contended that the documents were not forged and that the appellant had ulterior motives — The Supreme Court quashed the High Court’s decision and remanded the matter back to the Judicial Magistrate for trial — The High Court exceeded its jurisdiction by delving into factual disputes that should be resolved during the trial — The Supreme Court emphasized that the High Court should not conduct a mini-trial at the stage of quashing proceedings —The appeals were allowed, and the matter was sent back for trial.

Aug 13, 2024 sclaw

2024 INSC 583 SUPREME COURT OF INDIA DIVISION BENCH DHARAMBEER KUMAR SINGH — Appellant Vs. THE STATE OF JHARKHAND AND ANOTHER — Respondent ( Before : Vikram Nath and Prasanna…

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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

Month: August 2024

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