Supreme Court of India Judgements

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EVM and VVPAT – Reliability – The petitioners challenged the reliability of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) systems, suspecting potential manipulation and demanding transparency in the voting process – The core issues revolved around the integrity of EVMs, the adequacy of VVPAT verification, and the fundamental right of voters to know their votes are correctly recorded and counted – Petitioner argued for a return to paper ballots, provision of VVPAT slips to voters, or 100% counting of VVPAT slips alongside electronic counts, citing concerns over EVM transparency and voter confidence – The Election Commission of India (ECI) defended the EVMs’ success in ensuring free, fair, and transparent elections, highlighting technological safeguards against tampering and the benefits over paper ballots – The Court upheld the current EVM and VVPAT system, dismissing the petitions and suggesting improvements for transparency without disrupting the ongoing electoral process – The Court relied on past precedents, the ECI’s robust procedures, and the absence of cogent material evidence against EVMs to reject the petitions – The judgment referenced constitutional provisions, electoral laws, and previous rulings to support the ECI’s position and the current electoral practices – The Supreme Court concluded that the EVMs and VVPAT systems are reliable, and the petitions were dismissed based on the lack of substantial evidence against the current electoral process. Penal Code, 1860 (IPC) – Sections 302, 304 and 34 – Acquittal – Benefit of Doubt – The Supreme Court acquitted the appellant, citing unreliable witness testimonies and lack of corroborative evidence – The Court’s reasoning focused on the credibility of the key witnesses and the absence of corroborative material to support the prosecution’s case – The legal reasoning included the principle of ‘falsus in uno, falsus in omnibus’ not being applicable in Indian jurisprudence – The conclusion was that the appellant deserved acquittal due to the benefit of doubt – The judicial opinion emphasized the quality of evidence over quantity in determining the truth. National Investigation Agency Act, 2008 – Section 22(3) – Penal Code, 1860 – Sections 121A, 122, 123, 124A and 120B – Unlawful Activities (Prevention) Act, 1967 – Sections 16, 18, 18B, 20, 38, 39 and 43D – The case involves the State of West Bengal appealing against a High Court judgment that quashed UAPA proceedings against the respondent due to jurisdiction issues – The Court reasoned that the Sessions Court had jurisdiction as per Section 22(3) of the NIA Act since the State had not constituted a Special Court – The Court discussed the modified application of Section 167 CrPC under Section 43D of UAPA and the definition of ‘Court’ under Section 2(1)(d) of UAPA. – The Supreme Court concluded that the City Sessions Court had the jurisdiction to pass the order adding UAPA offences and permitted the continuation of the trial. The Supreme Court set aside the Division Bench’s order, restored the Single Judge’s order, and allowed the appeal, emphasizing the principles of delay and latches in judicial proceedings – The Court reasoned that the writ petitioner’s delay in asserting rights and acquiescence to the Corporation’s actions warranted dismissal of the writ petition – The Court cited precedents stating that delay defeats equity and that the High Court may refuse to exercise its extraordinary powers if there is negligence or omission on the part of the applicant – The appeal was allowed, and the writ petition was dismissed on the grounds of delay and latches, with no order as to costs. Penal Code, 1860 (IPC) – 147, 342, 323, 307 and 506 – Criminal Procedure Code, 1973 (CrPC) – Section 173(2) , 190 (1)(b) and 200 – Protest Petition – Magistrate to treat the Protest Petition as a complaint, proceeding according to Chapter XV of the Cr.P.C – The Court’s reasoning focused on the proper procedure for taking cognizance of an offence and the treatment of a Protest Petition when additional affidavits are filed – The conclusion emphasizes the Magistrate’s liberty to treat the Protest Petition as a complaint and the need to follow due process – The judicial opinion clarified the legal position regarding the Magistrate’s options upon receiving a closure report from the Investigating Officer.
Constitution Election Laws

EVM and VVPAT – Reliability – The petitioners challenged the reliability of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) systems, suspecting potential manipulation and demanding transparency in the voting process – The core issues revolved around the integrity of EVMs, the adequacy of VVPAT verification, and the fundamental right of voters to know their votes are correctly recorded and counted – Petitioner argued for a return to paper ballots, provision of VVPAT slips to voters, or 100% counting of VVPAT slips alongside electronic counts, citing concerns over EVM transparency and voter confidence – The Election Commission of India (ECI) defended the EVMs’ success in ensuring free, fair, and transparent elections, highlighting technological safeguards against tampering and the benefits over paper ballots – The Court upheld the current EVM and VVPAT system, dismissing the petitions and suggesting improvements for transparency without disrupting the ongoing electoral process – The Court relied on past precedents, the ECI’s robust procedures, and the absence of cogent material evidence against EVMs to reject the petitions – The judgment referenced constitutional provisions, electoral laws, and previous rulings to support the ECI’s position and the current electoral practices – The Supreme Court concluded that the EVMs and VVPAT systems are reliable, and the petitions were dismissed based on the lack of substantial evidence against the current electoral process.

Apr 27, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Sections 302, 304 and 34 – Acquittal – Benefit of Doubt – The Supreme Court acquitted the appellant, citing unreliable witness testimonies and lack of corroborative evidence – The Court’s reasoning focused on the credibility of the key witnesses and the absence of corroborative material to support the prosecution’s case – The legal reasoning included the principle of ‘falsus in uno, falsus in omnibus’ not being applicable in Indian jurisprudence – The conclusion was that the appellant deserved acquittal due to the benefit of doubt – The judicial opinion emphasized the quality of evidence over quantity in determining the truth.

Apr 27, 2024 sclaw
EVM and VVPAT – Reliability – The petitioners challenged the reliability of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) systems, suspecting potential manipulation and demanding transparency in the voting process – The core issues revolved around the integrity of EVMs, the adequacy of VVPAT verification, and the fundamental right of voters to know their votes are correctly recorded and counted – Petitioner argued for a return to paper ballots, provision of VVPAT slips to voters, or 100% counting of VVPAT slips alongside electronic counts, citing concerns over EVM transparency and voter confidence – The Election Commission of India (ECI) defended the EVMs’ success in ensuring free, fair, and transparent elections, highlighting technological safeguards against tampering and the benefits over paper ballots – The Court upheld the current EVM and VVPAT system, dismissing the petitions and suggesting improvements for transparency without disrupting the ongoing electoral process – The Court relied on past precedents, the ECI’s robust procedures, and the absence of cogent material evidence against EVMs to reject the petitions – The judgment referenced constitutional provisions, electoral laws, and previous rulings to support the ECI’s position and the current electoral practices – The Supreme Court concluded that the EVMs and VVPAT systems are reliable, and the petitions were dismissed based on the lack of substantial evidence against the current electoral process.
Constitution Election Laws
EVM and VVPAT – Reliability – The petitioners challenged the reliability of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) systems, suspecting potential manipulation and demanding transparency in the voting process – The core issues revolved around the integrity of EVMs, the adequacy of VVPAT verification, and the fundamental right of voters to know their votes are correctly recorded and counted – Petitioner argued for a return to paper ballots, provision of VVPAT slips to voters, or 100% counting of VVPAT slips alongside electronic counts, citing concerns over EVM transparency and voter confidence – The Election Commission of India (ECI) defended the EVMs’ success in ensuring free, fair, and transparent elections, highlighting technological safeguards against tampering and the benefits over paper ballots – The Court upheld the current EVM and VVPAT system, dismissing the petitions and suggesting improvements for transparency without disrupting the ongoing electoral process – The Court relied on past precedents, the ECI’s robust procedures, and the absence of cogent material evidence against EVMs to reject the petitions – The judgment referenced constitutional provisions, electoral laws, and previous rulings to support the ECI’s position and the current electoral practices – The Supreme Court concluded that the EVMs and VVPAT systems are reliable, and the petitions were dismissed based on the lack of substantial evidence against the current electoral process.
Penal Code, 1860 (IPC) – Sections 302, 304 and 34 – Acquittal – Benefit of Doubt – The Supreme Court acquitted the appellant, citing unreliable witness testimonies and lack of corroborative evidence – The Court’s reasoning focused on the credibility of the key witnesses and the absence of corroborative material to support the prosecution’s case – The legal reasoning included the principle of ‘falsus in uno, falsus in omnibus’ not being applicable in Indian jurisprudence – The conclusion was that the appellant deserved acquittal due to the benefit of doubt – The judicial opinion emphasized the quality of evidence over quantity in determining the truth.
Acquittal
Penal Code, 1860 (IPC) – Sections 302, 304 and 34 – Acquittal – Benefit of Doubt – The Supreme Court acquitted the appellant, citing unreliable witness testimonies and lack of corroborative evidence – The Court’s reasoning focused on the credibility of the key witnesses and the absence of corroborative material to support the prosecution’s case – The legal reasoning included the principle of ‘falsus in uno, falsus in omnibus’ not being applicable in Indian jurisprudence – The conclusion was that the appellant deserved acquittal due to the benefit of doubt – The judicial opinion emphasized the quality of evidence over quantity in determining the truth.
National Investigation Agency Act, 2008 – Section 22(3) – Penal Code, 1860 – Sections 121A, 122, 123, 124A and 120B – Unlawful Activities (Prevention) Act, 1967 – Sections 16, 18, 18B, 20, 38, 39 and 43D – The case involves the State of West Bengal appealing against a High Court judgment that quashed UAPA proceedings against the respondent due to jurisdiction issues – The Court reasoned that the Sessions Court had jurisdiction as per Section 22(3) of the NIA Act since the State had not constituted a Special Court – The Court discussed the modified application of Section 167 CrPC under Section 43D of UAPA and the definition of ‘Court’ under Section 2(1)(d) of UAPA. – The Supreme Court concluded that the City Sessions Court had the jurisdiction to pass the order adding UAPA offences and permitted the continuation of the trial.
I P C
National Investigation Agency Act, 2008 – Section 22(3) – Penal Code, 1860 – Sections 121A, 122, 123, 124A and 120B – Unlawful Activities (Prevention) Act, 1967 – Sections 16, 18, 18B, 20, 38, 39 and 43D – The case involves the State of West Bengal appealing against a High Court judgment that quashed UAPA proceedings against the respondent due to jurisdiction issues – The Court reasoned that the Sessions Court had jurisdiction as per Section 22(3) of the NIA Act since the State had not constituted a Special Court – The Court discussed the modified application of Section 167 CrPC under Section 43D of UAPA and the definition of ‘Court’ under Section 2(1)(d) of UAPA. – The Supreme Court concluded that the City Sessions Court had the jurisdiction to pass the order adding UAPA offences and permitted the continuation of the trial.
The Supreme Court set aside the Division Bench’s order, restored the Single Judge’s order, and allowed the appeal, emphasizing the principles of delay and latches in judicial proceedings – The Court reasoned that the writ petitioner’s delay in asserting rights and acquiescence to the Corporation’s actions warranted dismissal of the writ petition – The Court cited precedents stating that delay defeats equity and that the High Court may refuse to exercise its extraordinary powers if there is negligence or omission on the part of the applicant – The appeal was allowed, and the writ petition was dismissed on the grounds of delay and latches, with no order as to costs.
Constitution Tenders & Contracts
The Supreme Court set aside the Division Bench’s order, restored the Single Judge’s order, and allowed the appeal, emphasizing the principles of delay and latches in judicial proceedings – The Court reasoned that the writ petitioner’s delay in asserting rights and acquiescence to the Corporation’s actions warranted dismissal of the writ petition – The Court cited precedents stating that delay defeats equity and that the High Court may refuse to exercise its extraordinary powers if there is negligence or omission on the part of the applicant – The appeal was allowed, and the writ petition was dismissed on the grounds of delay and latches, with no order as to costs.
Constitution Election Laws

EVM and VVPAT – Reliability – The petitioners challenged the reliability of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) systems, suspecting potential manipulation and demanding transparency in the voting process – The core issues revolved around the integrity of EVMs, the adequacy of VVPAT verification, and the fundamental right of voters to know their votes are correctly recorded and counted – Petitioner argued for a return to paper ballots, provision of VVPAT slips to voters, or 100% counting of VVPAT slips alongside electronic counts, citing concerns over EVM transparency and voter confidence – The Election Commission of India (ECI) defended the EVMs’ success in ensuring free, fair, and transparent elections, highlighting technological safeguards against tampering and the benefits over paper ballots – The Court upheld the current EVM and VVPAT system, dismissing the petitions and suggesting improvements for transparency without disrupting the ongoing electoral process – The Court relied on past precedents, the ECI’s robust procedures, and the absence of cogent material evidence against EVMs to reject the petitions – The judgment referenced constitutional provisions, electoral laws, and previous rulings to support the ECI’s position and the current electoral practices – The Supreme Court concluded that the EVMs and VVPAT systems are reliable, and the petitions were dismissed based on the lack of substantial evidence against the current electoral process.

Apr 27, 2024 sclaw

2024 INSC 341 SUPREME COURT OF INDIA DIVISION BENCH ASSOCIATION FOR DEMOCRATIC REFORMS — Appellant Vs. ELECTION COMMISSION OF INDIA AND ANOTHER — Respondent ( Before : Sanjiv Khanna and…

Acquittal

Penal Code, 1860 (IPC) – Sections 302, 304 and 34 – Acquittal – Benefit of Doubt – The Supreme Court acquitted the appellant, citing unreliable witness testimonies and lack of corroborative evidence – The Court’s reasoning focused on the credibility of the key witnesses and the absence of corroborative material to support the prosecution’s case – The legal reasoning included the principle of ‘falsus in uno, falsus in omnibus’ not being applicable in Indian jurisprudence – The conclusion was that the appellant deserved acquittal due to the benefit of doubt – The judicial opinion emphasized the quality of evidence over quantity in determining the truth.

Apr 27, 2024 sclaw

2024 INSC 312 SUPREME COURT OF INDIA DIVISION BENCH KIRPAL SINGH — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal…

I P C

National Investigation Agency Act, 2008 – Section 22(3) – Penal Code, 1860 – Sections 121A, 122, 123, 124A and 120B – Unlawful Activities (Prevention) Act, 1967 – Sections 16, 18, 18B, 20, 38, 39 and 43D – The case involves the State of West Bengal appealing against a High Court judgment that quashed UAPA proceedings against the respondent due to jurisdiction issues – The Court reasoned that the Sessions Court had jurisdiction as per Section 22(3) of the NIA Act since the State had not constituted a Special Court – The Court discussed the modified application of Section 167 CrPC under Section 43D of UAPA and the definition of ‘Court’ under Section 2(1)(d) of UAPA. – The Supreme Court concluded that the City Sessions Court had the jurisdiction to pass the order adding UAPA offences and permitted the continuation of the trial.

Apr 27, 2024 sclaw

2024 INSC 313 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF WEST BENGAL — Appellant Vs. JAYEETA DAS — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ.…

Constitution Tenders & Contracts

The Supreme Court set aside the Division Bench’s order, restored the Single Judge’s order, and allowed the appeal, emphasizing the principles of delay and latches in judicial proceedings – The Court reasoned that the writ petitioner’s delay in asserting rights and acquiescence to the Corporation’s actions warranted dismissal of the writ petition – The Court cited precedents stating that delay defeats equity and that the High Court may refuse to exercise its extraordinary powers if there is negligence or omission on the part of the applicant – The appeal was allowed, and the writ petition was dismissed on the grounds of delay and latches, with no order as to costs.

Apr 27, 2024 sclaw

2024 INSC 314 SUPREME COURT OF INDIA DIVISION BENCH MRINMOY MAITY — Appellant Vs. CHHANDA KOLEY AND OTHERS — Respondent ( Before : Pamidighantam Sri Narasimha and Aravind Kumar, JJ.…

Cr P C I P C

Penal Code, 1860 (IPC) – 147, 342, 323, 307 and 506 – Criminal Procedure Code, 1973 (CrPC) – Section 173(2) , 190 (1)(b) and 200 – Protest Petition – Magistrate to treat the Protest Petition as a complaint, proceeding according to Chapter XV of the Cr.P.C – The Court’s reasoning focused on the proper procedure for taking cognizance of an offence and the treatment of a Protest Petition when additional affidavits are filed – The conclusion emphasizes the Magistrate’s liberty to treat the Protest Petition as a complaint and the need to follow due process – The judicial opinion clarified the legal position regarding the Magistrate’s options upon receiving a closure report from the Investigating Officer.

Apr 27, 2024 sclaw

2024 INSC 316 SUPREME COURT OF INDIA DIVISION BENCH MUKHTAR ZAIDI — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Vikram Nath and Satish…

C P C

Civil Procedure Code, 1908 – Section 96 – Appeal from original decree -The core issue revolves around the validity of the agreement and the Arbitrator’s award, given that the original ex-parte decree in favor of the plaintiff was set aside and the suit was to proceed from the stage of the State filing its written statement – The Supreme Court allowed the appeal, set aside the High Court’s order, and directed the Trial Court to proceed with the suit on merits based on evidence – The Court reasoned that the agreement dated 30.07.1991 lost its credibility as the basis of the agreement, the ex-parte decree, was set aside, and the suit was to be continued from a specific stage.

Apr 27, 2024 sclaw

(2024) INSC 315 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MADHYA PRADESH — Appellant Vs. SATISH JAIN (DEAD) BY LRS AND OTHERS — Respondent ( Before : Vikram…

I P C

Penal Code, 1860 (IPC) – Sections 420,120B and 34 – Territorial jurisdiction for the FIR -The Supreme Court quashed the FIR and all proceedings, concluding that the matter was civil, not criminal, and that Arunachal Pradesh lacked territorial jurisdiction – The Court found no evidence of a cognizable offence and deemed the dispute to be of a civil nature, suitable for resolution in a civil court – The Court applied the principle that civil disputes should not be converted into criminal complaints unless there is clear evidence of criminal intent or action – The FIR and subsequent proceedings were quashed, with the Court questioning why the State of Arunachal Pradesh pursued the case when the complainant did not challenge the Rajasthan High Court’s order.

Apr 27, 2024 sclaw

(2024) INSC 317 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF ARUNACHAL PRADESH AND OTHERS — Appellant Vs. KAMAL AGARWAL AND OTHERS ETC. — Respondent ( Before : Vikram…

Service Matters
Service

Service Law – Appointment of Technical Assistants as Assistant Engineers in the PWD, Tamil Nadu, based on service and qualifications – Court reasoned that the appointments did not encroach upon the quota for direct recruits and were equitable, considering the long-standing practice and the need to fill vacancies – The judgment emphasizes the importance of adhering to established rules and procedures while also recognizing the practical considerations of government administration – The conclusion reaffirms the validity of the appointments made and the discretion of the executive in the absence of specific rules.

Apr 27, 2024 sclaw

2024 INSC 306 SUPREME COURT OF INDIA DIVISION BENCH ASSOCIATION OF ENGINEERS AND OTHERS ETC. — Appellant Vs. THE STATE OF TAMIL NADU AND OTHERS ETC. — Respondent ( Before…

Acquittal

Penal Code, 1860 (IPC) – Section 302 – Murder – Appellant was convicted for the murder – Supreme Court acquitted the appellant, giving him the benefit of doubt, as the prosecution failed to establish guilt beyond reasonable doubt – The Court found inconsistencies in the testimonies of the prosecution witnesses and deemed them unreliable – The Court applied the principle that extra judicial confessions are weak evidence and require corroboration – The appellant was acquitted due to the prosecution’s inability to prove the charges with certainty.

Apr 27, 2024 sclaw

2024 INSC 307 SUPREME COURT OF INDIA DIVISION BENCH DHARAMBIR @ DHARMA — Appellant Vs. STATE OF HARYANA — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. )…

Service Matters
Uncategorized

Service Law – Termination – The Supreme Court found that the termination was unjustified and in violation of natural justice principles, as no disciplinary enquiry was conducted – The Court quashed the High Court’s judgments and the termination order, reinstated the appellant, and allowed the Institute to conduct disciplinary proceedings if desired.

Apr 27, 2024 sclaw

2024 INSC 309 SUPREME COURT OF INDIA DIVISION BENCH SANDEEP KUMAR — Appellant Vs. GB PANT INSTITUTE OF ENGINEERING AND TECHNOLOGY GHURDAURI AND OTHERS — Respondent ( Before : B.R.…

You missed

Constitution Election Laws

EVM and VVPAT – Reliability – The petitioners challenged the reliability of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) systems, suspecting potential manipulation and demanding transparency in the voting process – The core issues revolved around the integrity of EVMs, the adequacy of VVPAT verification, and the fundamental right of voters to know their votes are correctly recorded and counted – Petitioner argued for a return to paper ballots, provision of VVPAT slips to voters, or 100% counting of VVPAT slips alongside electronic counts, citing concerns over EVM transparency and voter confidence – The Election Commission of India (ECI) defended the EVMs’ success in ensuring free, fair, and transparent elections, highlighting technological safeguards against tampering and the benefits over paper ballots – The Court upheld the current EVM and VVPAT system, dismissing the petitions and suggesting improvements for transparency without disrupting the ongoing electoral process – The Court relied on past precedents, the ECI’s robust procedures, and the absence of cogent material evidence against EVMs to reject the petitions – The judgment referenced constitutional provisions, electoral laws, and previous rulings to support the ECI’s position and the current electoral practices – The Supreme Court concluded that the EVMs and VVPAT systems are reliable, and the petitions were dismissed based on the lack of substantial evidence against the current electoral process.

Apr 27, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Sections 302, 304 and 34 – Acquittal – Benefit of Doubt – The Supreme Court acquitted the appellant, citing unreliable witness testimonies and lack of corroborative evidence – The Court’s reasoning focused on the credibility of the key witnesses and the absence of corroborative material to support the prosecution’s case – The legal reasoning included the principle of ‘falsus in uno, falsus in omnibus’ not being applicable in Indian jurisprudence – The conclusion was that the appellant deserved acquittal due to the benefit of doubt – The judicial opinion emphasized the quality of evidence over quantity in determining the truth.

Apr 27, 2024 sclaw
I P C

National Investigation Agency Act, 2008 – Section 22(3) – Penal Code, 1860 – Sections 121A, 122, 123, 124A and 120B – Unlawful Activities (Prevention) Act, 1967 – Sections 16, 18, 18B, 20, 38, 39 and 43D – The case involves the State of West Bengal appealing against a High Court judgment that quashed UAPA proceedings against the respondent due to jurisdiction issues – The Court reasoned that the Sessions Court had jurisdiction as per Section 22(3) of the NIA Act since the State had not constituted a Special Court – The Court discussed the modified application of Section 167 CrPC under Section 43D of UAPA and the definition of ‘Court’ under Section 2(1)(d) of UAPA. – The Supreme Court concluded that the City Sessions Court had the jurisdiction to pass the order adding UAPA offences and permitted the continuation of the trial.

Apr 27, 2024 sclaw
Constitution Tenders & Contracts

The Supreme Court set aside the Division Bench’s order, restored the Single Judge’s order, and allowed the appeal, emphasizing the principles of delay and latches in judicial proceedings – The Court reasoned that the writ petitioner’s delay in asserting rights and acquiescence to the Corporation’s actions warranted dismissal of the writ petition – The Court cited precedents stating that delay defeats equity and that the High Court may refuse to exercise its extraordinary powers if there is negligence or omission on the part of the applicant – The appeal was allowed, and the writ petition was dismissed on the grounds of delay and latches, with no order as to costs.

Apr 27, 2024 sclaw