Supreme Court of India Judgements

46660 Judgements hosted as on 19/11/2024 - Search (FREE), Subscribe, Read & Download

Category: Accident

Accident

Motor Accident Compensation: Pranay Sethi Judgment Doesn’t Limit Operation Of Statute Providing Greater Benefits HELD If a statutory instrument has devised a formula which affords better or greater benefit, such statutory instrument must be allowed to operate unless the statutory instrument is otherwise found to be invalid

Aug 8, 2021 sclaw

the Insurance Company had contended that sub-rule 3(iii) of Rule 220A of Uttar Pradesh Motor Vehicles Rules, 1998 is contrary to the conclusions arrived at by the Constitution Bench of…

Accident

HELD definition of “vicarious liability” it can be inferred that the person supervising the driver is liable to pay the compensation to the victim – During such time, however, it will be deemed that that vehicle was transferred along with the insurance policy, even if it were insured at the instance of the original owner

Jul 25, 2021 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION — Appellant Vs. NATIONAL INSURANCE CO. LIMITED AND OTHERS — Respondent ( Before : S. Abdul Nazeer…

Accident

Accident – Compensation – Deceased was self employed and was 37 years old – Annual income was Rs. 2,55,349 – After deducting personal and living expenses and adding future prospects, the annual income is determined at Rs. 2,38,326 – Multiplier of 15 is appropriate, considering the age of the deceased

May 16, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH RAHUL SHARMA AND ANOTHER — Appellant Vs. NATIONAL INSURANCE COMPANY LIMITED AND OTHERS — Respondent ( Before : N.V. Ramana, CJI., Surya Kant and…

Accident

Drunken driving – Breath analyzer test or blood test is not mandatory for an insurer to deny an accident policy claim on the ground of drunken driving – Presence of alcohol in excess of 30 mg per 100 ml. of blood is not an indispensable requirement to enable an Insurer to successfully invoke the clause – What is required to be proved is driving by a person under the influence of the alcohol –

Apr 18, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED — Appellant Vs. PEARL BEVERAGES LIMITED — Respondent ( Before : Uday Umesh Lalit, Indira Banerjee and K.M.…

Accident

Motor Vehicle – Accident – Death – authoritative pronouncement of this Court in National Insurance Co Ltd v. Pranay Sethi, (2017) 16 SCC 680, the claimants are entitled to an increase of 40% towards annual dependency on account of ‘future prospects’ given the undisputed age of the deceased – Non examination of witness -Courts should be only to analyze the material placed on record by the parties to ascertain whether the claimant’s version is more likely than not true. – Appeal allowed.

Dec 8, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  ANITA SHARMA AND OTHERS — Appellant Vs. THE NEW INDIA ASSURANCE COMPANY LIMITED AND ANOTHER — Respondent ( Before : Surya Kant and Aniruddha…

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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