Supreme Court of India Judgements

46635 Judgements hosted as on 02/10/2024 - Search (FREE), Subscribe, Read & Download

Month: October 2024

Arbitration

Arbitration and Conciliation Act, 1996 — Section 11(6) read with Section 11(9) —Dispute over a contractual agreement — The main issue is whether the contract was breached and if so, what remedies are available —The petitioner argues that the respondent failed to fulfill their obligations under the contract —The respondent contends that they met all contractual requirements and that any issues were due to the petitioner’s actions —The court ruled in favor of the petitioner, finding that the respondent breached the contract —The court based its decision on the evidence presented, which showed that the respondent did not meet the contractual terms —The court applied principles of contract law, focusing on the obligations and duties outlined in the agreement —The court awarded damages to the petitioner and ordered the respondent to fulfill their contractual obligations.

Oct 2, 2024 sclaw

2024 INSC 710 SUPREME COURT OF INDIA FULL BENCH AJAY MADHUSUDAN PATEL AND OTHERS — Appellant Vs. JYOTRINDRA S. PATEL AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y.…

Advocates Act Constitution

In view of the said Notice/Circular dated 30.12.2022 and in furtherance of the afore-stated order passed by the Coordinate Bench, it is directed that the Advocates on-Record may mark the appearances of only those Advocates who are authorized to appear and argue the case on the particular day of hearing. Such names shall be given by the Advocate on Record on each day of hearing of the case as instructed in the Notice. If there is any change in the name of the arguing Advocate, it shall be duty of the concerned Advocate-on-Record to inform the concerned Court Master in advance or at the time of hearing of the case. The concerned Officers/Court Masters shall act accordingly.

Oct 2, 2024 sclaw

2024 INSC 708 SUPREME COURT OF INDIA DIVISION BENCH BHAGWAN SINGH — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : Bela M. Trivedi and Satish Chandra…

I P C

Penal Code, 1860 (IPC) — Section 420 — Passports Act, 1967 — Section 12(2) — The appellant was convicted for abetting the issuance of a second passport to a person already possessing a passport — The Supreme Court set aside the conviction and acquitted appellant due to insufficient evidence proving her guilt beyond reasonable doubt — Conviction based on circumstantial evidence requires each circumstance to be proven beyond reasonable doubt and the circumstances taken together should lead to an irresistible inference of guilt — Under Section 12(2), the prosecution bears the burden of proving that the accused knowingly furnished false information or suppressed material information with the intent to secure a passport or travel document — The Supreme Court allowed the appeal, setting aside the judgments of the Trial Court and the High Court, and acquitted appellant of the offences alleged against her.

Oct 2, 2024 sclaw

2024 INSC 721 SUPREME COURT OF INDIA DIVISION BENCH YOGARANI — Appellant Vs. STATE BY THE INSPECTOR OF POLICE — Respondent ( Before : Sanjay Kumar and Aravind Kumar, JJ.…

Arbitration

Arbitration and Conciliation Act, 1996 — Section 11(6) read with Section 11(9) —Dispute over a contractual agreement — The main issue is whether the contract was breached and if so, what remedies are available —The petitioner argues that the respondent failed to fulfill their obligations under the contract —The respondent contends that they met all contractual requirements and that any issues were due to the petitioner’s actions —The court ruled in favor of the petitioner, finding that the respondent breached the contract —The court based its decision on the evidence presented, which showed that the respondent did not meet the contractual terms —The court applied principles of contract law, focusing on the obligations and duties outlined in the agreement —The court awarded damages to the petitioner and ordered the respondent to fulfill their contractual obligations.

Oct 2, 2024 sclaw

2024 INSC 710 SUPREME COURT OF INDIA FULL BENCH AJAY MADHUSUDAN PATEL AND OTHERS — Appellant Vs. JYOTRINDRA S. PATEL AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y.…

State Laws

Maharashtra Cooperative Societies Act, 1960 — Section 91 and 102 — The appellant had an outstanding loan from a society (R) that was wound up — The Liquidator auctioned the society’s property to recover dues, but the appellant, despite objecting to the valuation and process, did not challenge it promptly — The property was sold to respondent no. 6 for Rs. 2,51,48,000/- — The High Court dismissed the appellant’s writ petition — The Supreme Court found procedural irregularities but held the appellant’s delay in challenging them estopped any further action. Considering the outstanding dues and undervaluation, the Court invoked Article 142 to direct respondent no. 6 to pay the appellant Rs. 1,05,98,710/- as full and final settlement. The remaining balance was to be disbursed to other creditors.

Oct 2, 2024 sclaw

2024 INSC 741 SUPREME COURT OF INDIA DIVISION BENCH THE AHMEDNAGAR DISTRICT CENTRAL COOPERATIVE BANK LTD — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before :…

Arbitration

Arbitration Act, 1996 — Sections 34 and 37 — Appellant supplied paddy — Respondent returned less rice — Dispute over shortfall — Appellate Court set aside arbitral award — Appellant argued award based on evidence — Respondent contended award was erroneous — Supreme Court restored award, emphasizing limited interference under Sections 34 & 37 — Appellate Court exceeded jurisdiction — Arbitral awards should not be interfered with unless violating public policy or fundamental principles — Appeal allowed, arbitral award restored — Respect for finality of arbitral awards.

Oct 2, 2024 sclaw

2024 INSC 742 SUPREME COURT OF INDIA DIVISION BENCH PUNJAB STATE CIVIL SUPPLIES CORPORATION LIMITED AND ANOTHER — Appellant Vs. M/S SANMAN RICE MILLS AND OTHERS — Respondent ( Before…

Specific Performance

Suit for Specific Performance — Agreement to sell — The respondent-plaintiff sought specific performance of an agreement to sell agricultural land — The appellant-defendant allegedly failed to execute the sale deed despite receiving earnest money — Whether the agreement was valid and enforceable, and whether the respondent-plaintiff was entitled to specific performance or alternative relief —The appellant-defendant claimed the agreement was fraudulent, without consideration, and prepared through misrepresentation — The respondent-plaintiff argued that the agreement was genuine, and the appellant-defendant breached its terms by not executing the sale deed — The trial court, first appellate court, and high court ruled against the appellant-defendant, ordering the refund of earnest money with interest —The Supreme Court found the lower courts’ judgments perverse, noting inconsistencies and lack of evidence supporting the respondent-plaintiff’s claims —The Supreme Court emphasized the need for clear evidence and adherence to legal procedures, highlighting the suspicious nature of the agreement —The Supreme Court set aside the lower courts’ judgments, ruling in favor of the appellant-defendant and dismissing the respondent-plaintiff’s claims.

Oct 2, 2024 sclaw

2024 INSC 744 SUPREME COURT OF INDIA DIVISION BENCH LAKHA SINGH — Appellant Vs. BALWINDER SINGH AND ANOTHER — Respondent ( Before : Pamidighantam Sri Narasimha and Sandeep Mehta, JJ.…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Sections 311, 313 and 173(8) — Case of Murder — Further investigation after the trial had concluded —Whether the High Court was justified in ordering further investigation after the trial had concluded —The appellant argued that the application for further investigation was a disguised attempt to reopen earlier proceedings and that the trial court had no jurisdiction to entertain such an application after charges were framed —The respondent contended that further investigation was necessary to ensure justice and that new facts and material had emerged —The Supreme Court set aside the High Court’s order for further investigation, stating it was unwarranted and not in accordance with the law —The Court found that the application for further investigation was filed too late and lacked new evidence that would justify reopening the case —The Court emphasized that further investigation should be ordered sparingly and only in exceptional cases to achieve the ends of justice — The Supreme Court allowed the appeal, dismissed the application for further investigation.

Oct 2, 2024 sclaw

2024 INSC 746 SUPREME COURT OF INDIA DIVISION BENCH K. VADIVEL — Appellant Vs. K. SHANTHI AND OTHERS — Respondent ( Before : B.R. Gavai and K.V. Viswanathan, JJ. )…

You missed

Arbitration

Arbitration and Conciliation Act, 1996 — Section 11(6) read with Section 11(9) —Dispute over a contractual agreement — The main issue is whether the contract was breached and if so, what remedies are available —The petitioner argues that the respondent failed to fulfill their obligations under the contract —The respondent contends that they met all contractual requirements and that any issues were due to the petitioner’s actions —The court ruled in favor of the petitioner, finding that the respondent breached the contract —The court based its decision on the evidence presented, which showed that the respondent did not meet the contractual terms —The court applied principles of contract law, focusing on the obligations and duties outlined in the agreement —The court awarded damages to the petitioner and ordered the respondent to fulfill their contractual obligations.

Oct 2, 2024 sclaw
Advocates Act Constitution

In view of the said Notice/Circular dated 30.12.2022 and in furtherance of the afore-stated order passed by the Coordinate Bench, it is directed that the Advocates on-Record may mark the appearances of only those Advocates who are authorized to appear and argue the case on the particular day of hearing. Such names shall be given by the Advocate on Record on each day of hearing of the case as instructed in the Notice. If there is any change in the name of the arguing Advocate, it shall be duty of the concerned Advocate-on-Record to inform the concerned Court Master in advance or at the time of hearing of the case. The concerned Officers/Court Masters shall act accordingly.

Oct 2, 2024 sclaw
I P C

Penal Code, 1860 (IPC) — Section 420 — Passports Act, 1967 — Section 12(2) — The appellant was convicted for abetting the issuance of a second passport to a person already possessing a passport — The Supreme Court set aside the conviction and acquitted appellant due to insufficient evidence proving her guilt beyond reasonable doubt — Conviction based on circumstantial evidence requires each circumstance to be proven beyond reasonable doubt and the circumstances taken together should lead to an irresistible inference of guilt — Under Section 12(2), the prosecution bears the burden of proving that the accused knowingly furnished false information or suppressed material information with the intent to secure a passport or travel document — The Supreme Court allowed the appeal, setting aside the judgments of the Trial Court and the High Court, and acquitted appellant of the offences alleged against her.

Oct 2, 2024 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Section 11(6) read with Section 11(9) —Dispute over a contractual agreement — The main issue is whether the contract was breached and if so, what remedies are available —The petitioner argues that the respondent failed to fulfill their obligations under the contract —The respondent contends that they met all contractual requirements and that any issues were due to the petitioner’s actions —The court ruled in favor of the petitioner, finding that the respondent breached the contract —The court based its decision on the evidence presented, which showed that the respondent did not meet the contractual terms —The court applied principles of contract law, focusing on the obligations and duties outlined in the agreement —The court awarded damages to the petitioner and ordered the respondent to fulfill their contractual obligations.

Oct 2, 2024 sclaw