Supreme Court of India Judgements

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Month: September 2024

Unlawful Activities (Prevention) Act

Unlawful Activities (Prevention) (Recommendation & Sanction of Prosecution) Rules, 2008 — Rules 3 and 4 — Timelines in Rules 3 and 4 — The court ruled that the timelines mentioned in Rules 3 & 4 of the 2008 Rules, which provide for the grant of sanction, are mandatory and must be strictly followed — This is because UAPA is a penal legislation, and strict construction must be applied — The court also emphasized that independent review by both the authority recommending sanction and the authority granting sanction is necessary to comply with Section 45 of the UAPA.

Sep 29, 2024 sclaw

2024 INSC 718 SUPREME COURT OF INDIA DIVISION BENCH FULESHWAR GOPE — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : C.T. Ravikumar and Sanjay Karol, JJ.…

Constitution POCSO

Protection of Children from Sexual Offences Act, 2012 — Section 15 — Scope of Section 15 — The court clarified that Section 15 of the POCSO Act criminalizes the storage or possession of any child pornographic material involving a child, regardless of whether the accused has the intention to share or transmit the material. The court further distinguished between the three distinct offences punishable under Section 15(1), (2), and (3) of the POCSO Act. Information Technology Act, 2000 — Section 67B — Scope of Section 67B — The court held that Section 67B of the IT Act criminalizes the publication, transmission, or creation of any material depicting children in sexually explicit acts or conduct — The court clarified that the act of merely viewing or downloading child pornography, without any intention to publish, transmit, or create such material, does not fall within the purview of Section 67B of the IT Act.

Sep 29, 2024 sclaw

2024 INSC 716 SUPREME COURT OF INDIA DIVISION BENCH JUST RIGHTS FOR CHILDREN ALLIANCE AND ANOTHER — Appellant Vs. S. HARISH AND OTHERS — Respondent ( Before : Dr. Dhananjaya…

Corruption Service

Prevention of Corruption Act, 1988 — Sections 13(1) and 13(1)(d) — The respondent, an Income Tax officer, was denied promotion due to pending criminal charges and a sealed cover procedure was adopted — Whether the mere grant of prosecution sanction constitutes pending criminal charges, justifying the sealed cover procedure — Petitioner argue that the prosecution sanction implies pending criminal charges, warranting the sealed cover procedure — Respondent states that no criminal charges were pending at the time of the DPC meeting, making the sealed cover procedure unjustified —The Supreme Court upheld the High Court’s decision, rejecting the sealed cover procedure as the charge sheet was filed after the DPC meeting —The prosecution for criminal charges is considered pending only after a charge sheet is issued — The appeal was dismissed, and the respondent was found fit for promotion.

Sep 29, 2024 sclaw

2024 INSC 729 SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. DOLY LOYI — Respondent ( Before : Sandeep Mehta and R. Mahadevan, JJ.…

C P C Stamp Act

Maharashtra Stamp Act, 1958 — Section 4 — The appellants sought a declaration and injunction in a civil suit — The defendants requested impounding of six documents related to property transactions, claiming they were not duly stamped — Whether the appellants are liable to pay stamp duty and penalty on agreements to sell executed prior to the sale deed —The appellants argued that since the sale deed was registered and stamp duty paid, the prior agreements did not require separate stamping —The respondents contended that the agreements included a clause about the transfer of physical possession, necessitating stamp duty —The Supreme Court dismissed the appeal, affirming the High Court’s decision to impound the documents and send them for adjudication of stamp duty and penalty —The court emphasized that the agreements to sell were separate transactions requiring individual stamp duty, as they included clauses for possession transfer —The court referred to Section 4 and Explanation I to Article 25 of Schedule I, concluding that the agreements were conveyances requiring stamp duty — The appeal was dismissed, and the appellants were directed to pay the appropriate stamp duty and penalty on the impounded documents.

Sep 29, 2024 sclaw

2024 INSC 730 SUPREME COURT OF INDIA DIVISION BENCH SHYAMSUNDAR RADHESHYAM AGRAWAL AND ANOTHER — Appellant Vs. PUSHPABAI NILKANTH PATIL AND OTHERS — Respondent ( Before : Pankaj Mithal and…

I P C

Penal Code, 1860 (IPC) — Sections 302 and 304 Part I — Murder — Alteration of Sentence — The main issue was whether the appellants’ conviction under Section 302 IPC was justified or if it should be altered to a lesser offense — The appellants argued that there was a delay in lodging the FIR, contradictions in witness testimonies, and that the injuries sustained by the appellants were not explained by the prosecution —The respondent-State maintained that the prosecution had proved the case beyond reasonable doubt and that the conviction and sentence were justified —The Supreme Court altered the conviction from Section 302 IPC to Part-I of Section 304 IPC, sentencing the appellants to the period already undergone —The Court found that the incident occurred in a sudden fight without premeditation and that the prosecution failed to explain the injuries sustained by the appellants —The Court concluded that the case fell under Part-I of Section 304 IPC due to the lack of premeditation and the sudden nature of the fight —The appeals were partly allowed, and the appellants were ordered to be released forthwith if not required in any other case.

Sep 29, 2024 sclaw

2024 INSC 727 SUPREME COURT OF INDIA DIVISION BENCH SUNIL @ SONU ETC. — Appellant Vs. STATE NCT OF DELHI — Respondent ( Before : B.R. Gavai and K.V. Viswanathan,…

C P C Will & Succession

Genuineness of Will and Partition Suit — The Court emphasizes that in a partition suit where a Will is challenged, the genuineness of the Will must be determined as a necessary step to resolve the dispute over the property — Delays in deciding this issue should be minimized to prevent multiplicity of litigation.

Sep 29, 2024 sclaw

2024 INSC 726 SUPREME COURT OF INDIA DIVISION BENCH DINESH GOYAL @ PAPPU — Appellant Vs. SUMAN AGARWAL (BINDAL) AND OTHERS — Respondent ( Before : C.T. Ravikumar and Sanjay…

Constitution

Requisition and Acquisition of Immovable Property Act, 1952 — Section 7(1) — Land Dispute — The case involves a land dispute where appellant were directed to vacate or compensate for land in Bangalore, originally requisitioned in 1941 and partially acquired in 1973 — The main issues were the rightful ownership and compensation for the land, and whether the petitioners’ delay in filing the writ petition affected their claim — The petitioners argued they were entitled to rental compensation from 1973 and the return of the unacquired land, claiming the land was not being used by the Defence department — Respondent contended that the petitioners had suppressed key facts, including the sale of part of the land, and that the petition was filed after an unreasonable delay —The Supreme Court allowed the appeals, dismissing the writ petition due to the petitioners’ suppression of facts and the delay in filing the petition — The Court emphasized the importance of approaching the court with clean hands and noted the petitioners’ deliberate suppression of relevant facts — The Court cited principles of equity and the necessity for petitioners to disclose all relevant facts, highlighting that the petitioners’ conduct amounted to an abuse of process — The writ petition was dismissed, and the Court refrained from imposing punitive costs on the petitioners despite their conduct

Sep 29, 2024 sclaw

2024 INSC 728 SUPREME COURT OF INDIA DIVISION BENCH HMT LTD. — Appellant Vs. SMT. RUKMINI AND OTHERS ( Before : Sanjiv Khanna and Sanjay Kumar, JJ. ) Civil Appeal…

I P C

Penal Code, 1860 (IPC) — Section 307 — Attempt to Murder — The complainant was abused and beaten by the accused, leading to an FIR under various IPC sections —Whether the injuries sustained by the complainant justify framing charges under Section 307 IPC — Petitioner argues that the injuries and the act of throttling indicate an intention to kill, warranting charges under Section 307 IPC — Respondent states that the injuries were minor, and the medical report did not conclusively support the charge of attempt to murder —The Supreme Court set aside the High Court’s order, directing the trial court to frame charges under Section 307 IPC —The intent to kill can be inferred from the circumstances and the doctor’s report suggesting the possibility of throttling —The extent of injuries is irrelevant if the intent to cause death is present, as per established legal precedents —The trial court must proceed with charges under Section 307 IPC, and the trial should be expedited.

Sep 28, 2024 sclaw

2024 INSC 731 SUPREME COURT OF INDIA DIVISION BENCH SHOYEB RAJA — Appellant Vs. STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : C.T. Ravikumar and Sanjay Karol,…

Acquittal

Penal Code, 1860 (IPC) — Sections 323, 302, 364, 449, 450, 380/34 and 120-B —Abduction and Murder — Seven accused were charged, with five initially convicted and two acquitted — The High Court later convicted all seven —Whether the High Court’s reversal of acquittal and conviction of all accused was justified based on the evidence — Petitioners argue that no motive for A-6 and A-7, unreliable witness testimonies, discrepancies in the time of death, and lack of proof of deceased’s residence — Prosecution contends that consistent witness testimonies, sufficient evidence of motive, and proper appreciation of evidence by the High Court — The Supreme Court acquitted all seven accused, finding the High Court’s reversal of acquittal unjustified and the evidence insufficient —Doubts about witness credibility, lack of direct evidence, and improper exclusion of some testimonies by the High Court —The High Court failed to meet the higher threshold required to reverse an acquittal, and the prosecution did not prove the case beyond reasonable doubt —The convictions were set aside, and all accused were acquitted.

Sep 28, 2024 sclaw

2024 INSC 735 SUPREME COURT OF INDIA DIVISION BENCH VIJAY SINGH @ VIJAY KR. SHARMA — Appellant Vs. THE STATE OF BIHAR — Respondent ( Before : Bela M. Trivedi…

I P C

Penal Code, 1860 (IPC) — Sections 148, 302, and 307 — The appellants, armed with weapons, attacked the victims, resulting in serious injuries — The prosecution’s case is supported by eyewitness testimonies and medico-legal evidence —Whether the appellants acted with common intention to kill and if the absence of independent witnesses affects the prosecution’s case — The appellants claimed self-defense and alleged false implication due to a prior FIR filed by A-4’s daughter — The prosecution argued that the appellants had a common intention to kill, supported by consistent eyewitness testimonies and medical evidence —The High Court’s decision finding the appellants guilty under sections 148, 302, and 307, IPC read with section 34 is upheld —The court emphasized the reliability of injured eyewitnesses and the formation of common intention even moments before the act — The appeal is dismissed, affirming the High Court’s judgment.

Sep 28, 2024 sclaw

2024 INSC 738 SUPREME COURT OF INDIA DIVISION BENCH BALJINDER SINGH @ LADOO AND OTHERS — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : Dipankar Datta and Augustine…

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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