Supreme Court of India Judgements

46650 Judgements hosted as on 11/11/2024 - Search (FREE), Subscribe, Read & Download

Month: August 2024

Education

Determining Equivalence — The decision on whether a particular qualification should be regarded as equivalent to the prescribed qualification lies with the state or the recruiting authority, not the court — This is a technical academic matter that cannot be implied or assumed. — Any decision by an academic body or university regarding the equivalence of qualifications must be made through a specific order or resolution, which should be duly published — A mere certificate without such formal backing is not sufficient to establish equivalence.

Aug 13, 2024 sclaw

2024 INSC 580 SUPREME COURT OF INDIA DIVISION BENCH SHIFANA P.S. — Appellant Vs. THE STATE OF KERALA AND OTHERS — Respondent ( Before : Hima Kohli and Sandeep Mehta,…

Service Matters
Service

Career Advancement Scheme (CAS) eligibility — The Court clarified that the benefits of CAS are not automatically granted to all Assistant Professors — Instead, eligibility is subject to fulfilling certain conditions, including completion of a specific number of years of service after “regular appointment” — The Court held that redesignation from one post to another does not automatically qualify as “regular appointment”.

Aug 13, 2024 sclaw

2024 INSC 581 SUPREME COURT OF INDIA DIVISION BENCH RAJASTHAN AGRICULTURAL UNIVERSITY, BIKANER, THROUGH ITS REGISTRAR — Appellant Vs. DR. ZABAR SINGH SOLANKI AND OTHERS — Respondent ( Before :…

Tenders & Contracts

Contractual Dispute — Dispute over a contract for displaying advertisements on street hoardings — The main issue is whether the debarment of the appellant for five years by the Corporation was valid and justified — The appellant argued that the Corporation could only impose a penalty for late payments, not blacklisting, and that the blacklisting was disproportionate and unfair — The Corporation defended the blacklisting, citing the appellant’s failure to fulfill contractual obligations and non-payment of dues — The Supreme Court set aside the Division Bench’s judgment and restored the Single Judge’s decision, ruling that the blacklisting was disproportionate — The Court found that the appellant had a bona fide dispute with the Corporation and that the blacklisting was a disproportionate penalty — The Court emphasized that blacklisting is a drastic remedy and should only be used in cases involving harm to public interest — The Supreme Court allowed the appeal, setting aside the blacklisting order and restoring the Single Judge’s judgment.

Aug 13, 2024 sclaw

2024 INSC 589 SUPREME COURT OF INDIA DIVISION BENCH THE BLUE DREAMZ ADVERTISING PVT. LTD. AND ANOTHER — Appellant Vs. KOLKATA MUNICIPAL CORPORATION AND OTHERS — Respondent ( Before :…

Bail Granted Contempt

Aug 11, 2024 sclaw

2024 INSC 588 SUPREME COURT OF INDIA DIVISION BENCH TUSHARBHAI RAJNIKANTBHAI SHAH — Appellant Vs. KAMAL DAYANI AND OTHERS — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ.…

Arbitration

Arbitration Act, 1940 — Sections 14 and 17 — Interest on interest for the post-award period — The case involves a contract from 1984-85 between petitioners and respondent with an arbitration award passed in 1997 — Whether the petitioner is entitled to compound interest or interest on interest for the post-award period — The petitioner argued that the 12% interest awarded for the pre-award period should be included in the principal sum for calculating the 15% post-award interest — The respondent contended that compound interest or interest on interest is not payable unless specifically granted by the award or court order — The Supreme Court dismissed the petition, upholding the lower courts’ decisions that only simple interest is payable — The court emphasized that neither the Arbitration Act nor the contract provided for compound interest or interest on interest — The court referred to various legal provisions and precedents, including Section 34 of the CPC and the Interest Act, 1978, which prohibit awarding interest on interest — The Special Leave Petition was dismissed.

Aug 11, 2024 sclaw

2024 INSC 587 SUPREME COURT OF INDIA DIVISION BENCH M/S D. KHOSLA AND COMPANY — Appellant Vs. THE UNION OF INDIA — Respondent ( Before : Pamidighantam Sri Narasimha and…

Acquittal Cheque Dishonour

Negotiable Instruments Act, 1881 — Section 138 — The appellant lent Rs. 2,00,000 to the respondent, who issued a cheque as a guarantee — The cheque was dishonored due to insufficient funds — Whether the respondent committed an offence under Section 138 of the Act, 1881 and Section 420 of the IPC — The appellant argued that the respondent failed to repay the loan and intentionally cheated him — The respondent claimed the cheque was issued for security purposes to a third party and denied the loan transaction — The Supreme Court dismissed the appeal, affirming the High Court’s judgment that favored the respondent’s acquittal — The court found contradictions in the appellant’s statements and lack of evidence regarding the loan transaction — The court emphasized the presumption under Section 139 of the NI Act, 1881, and the burden on the respondent to rebut it — The appeal was dismissed, and the respondent’s acquittal was upheld.

Aug 11, 2024 sclaw

2024 INSC 586 SUPREME COURT OF INDIA DIVISION BENCH SRI DATTATRAYA — Appellant Vs. SHARANAPPA — Respondent ( Before : B.V. Nagarathna and Augustine George Masih, JJ. ) Criminal Appeal…

Accident

Motor Accident Claims — Enhancement of Compensation — The claimant-appellant’s husband died in a motor accident involving an ambulance and a truck — The deceased was employed as a ‘Khalasi’ in the ambulance — The maintainability of the claim for compensation, the rash and negligent conduct of the truck driver, and the extent of compensation payable — The High Court awarded Rs. 8,30,000 as compensation, deducting Rs. 6,25,000 already paid by the employer — The Supreme Court modified the compensation to Rs. 10,06,900 with 7.5% interest — The appeal was allowed, and the compensation amount was modified.

Aug 11, 2024 sclaw

2024 INSC 584 SUPREME COURT OF INDIA DIVISION BENCH ROJALINI NAYAK AND OTHERS — Appellant Vs. AJIT SAHOO AND OTHERS — Respondent ( Before : C.T. Ravikumar and Sanjay Karol,…

Accident

Motor Accident Compensation — Contributory Negligence — The claimant and his wife were involved in a motorcycle accident with two tractors, resulting in the wife’s death and the claimant’s severe injuries — The main issues were rash and negligent driving, contributory negligence and insurance liability — The claimant argued for higher compensation due to the loss of income from their business and the misapplication of the multiplier by the Tribunal — The respondents contended that the claimant was also negligent and thus partly responsible for the accident — The Supreme Court revised the compensation to Rs. 11,25,000 from Rs. 1,01,250, acknowledging the error in the Tribunal’s application of the multiplier and contributory negligence — The Court found that the claimant’s act of overtaking was not rash or negligent and that the offending vehicle was driven negligently — The appeal was allowed, and the compensation was significantly increased, with the interest rate adjusted to 8%.

Aug 11, 2024 sclaw

2024 INSC 585 SUPREME COURT OF INDIA DIVISION BENCH PREM LAL ANAND AND OTHERS — Appellant Vs. NARENDRA KUMAR AND OTHERS — Respondent ( Before : C.T. Ravikumar and Sanjay…

Arbitration

Arbitral Award — Contractual Dispute — The court held that the date of the arbitral award’s enforceability is the date when the objections against it are finally decided, and this date should be used to convert the award amount — If the award debtor deposits some amount before the court during the pendency of proceedings, the date of deposit should be used for conversion — The court further clarified that if the award holder is permitted to withdraw the deposited amount, even if it is conditional and subject to the final decision in the matter, the court must consider that the award holder could access and benefit from such deposit, and it is then the burden of the award holder to furnish security, as required by the court’s orders, to utilize the amount or to make an application for modification of the condition if it is unable to fulfill the same.

Aug 11, 2024 sclaw

2024 INSC 593 SUPREME COURT OF INDIA DIVISION BENCH DLF LTD. (FORMERLY KNOWN AS DLF UNIVERSAL LTD) AND ANOTHER — Appellant Vs. KONCAR GENERATORS AND MOTORS LTD. — Respondent (…

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