Supreme Court of India Judgements

46670 Judgements hosted as on 9/12/2024 - 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

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