Supreme Court of India Judgements

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

Category: Constitution

Constitution

ALOK VERMA, CBI DIRECTOR Case–Contention of the Attorney General that the action against Verma cannot be regarded as “transfer” or “removal”, as he was merely taken off charge, Repelled by court. “the term ‘transfer’, as used in section 4B of the DSPE Act, cannot be understood in its traditional sense and must be interpreted as including actions which impact the functioning of the CBI Director – held that the word “transfer” has to be understood as encompassing all acts which affect the independent functioning of CBI Director” Further Held “Vineet Narain and others vs. Union of India and another, (1998) 1 SCC 226 case cannot be disregarded, and the subsequent enactment of the CVC Act, introducing amendments to the DSPE Act, in pursuance of the 1997 judgment was with the object of ensuring absolute insulation of the CBI Director.”

Jan 8, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH ALOK KUMAR VERMA — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Ranjan Gogoi, C.J.I, Sanjay Kishan Kaul and K.M.…

Constitution

Witness Protection Scheme—Scheme as prepared by Union of India approved by SC and shall come into force with immediate effect Witness Protection Scheme–Vulnerable Witness Deposition Complexes—Directions issued to State and Union Territories to set up such complexes in all the district Courts in India by the end of the year 2019.

Jan 6, 2019 sclaw

2018(4) Law Herald (SC) 3342 : 2018 LawHerald.Org 1940 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice S. Abdul Nazeer Writ Petition (Criminal)…

Constitution

Writ Jurisdiction—Restoration of Possession—High Court not justified in issuing a writ of mandamus granting relief of restoration of the possession of flat and writ petition ought to be dismissed in limine as not maintainable Writ Jurisdiction—Scope of—High Court cannot allow its constitutional jurisdiction to be used for deciding disputes, for which remedies under the general law, civil or criminal are available

Dec 28, 2018 sclaw

2018(4) Law Herald (SC) 3242 : 2018 LawHerald.Org 1937 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Indu Malhotra Civil Appeal No.…

Constitution

Constitution of India, 1950, Art. 300-A & 136–Pension–Freedom Fighters  Pension–Grant of Freedom Fighters’ pension– Respondent’s case had been recommended by two Collectors and the District Level Screening Committee–State Government has not disputed the respondent’s claim on facts–High Court granted pension–SC disinclined to interfere -Appeal by State by dismissed.            

Dec 9, 2018 sclaw

2010(1) LAW HERALD (SC) 628 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Harjit Singh Bedi The Hon’ble Mr. Justice T.S. Thakur Civil Appeal No. 4400 of…

Constitution

Right to Information—Reason for Information—Even private documents submitted to public authorities may, under certain situations, form part of public record. RERA— Layout Plans—Directions issued to display such sanction plan/ layout plans at the construction site also We, thus, dismiss the appeals with costs quantified at Rs.2.50 lakhs (Rupees two lakhs & fifty thousand), payable by the appellant to respondent No.3 (though hardly the actual expenses!)

Dec 4, 2018 sclaw

2018(4) Law Herald (SC) 2701 : 2018 LawHerald.Org 1603 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice Sanjay Kishan Haul Civil Appeal Nos.…

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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