Supreme Court of India Judgements

46670 Judgements hosted as on 9/12/2024 - Search (FREE), Subscribe, Read & Download

Category: Consumer

Consumer

Foreigners Act, 1946–Wrongly declared to be Foreigner—Once the grandfather’s identity, father’s identity etc. has been established successfully by the appellant then by the mere fact that the father may later have gone to another village is no reason to doubt the documents relied upon

Jun 29, 2019 sclaw

2019(2) Law Herald (SC) 1503 : 2019 LawHerald.Org 951 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Rohinton Pali Nariman Hon’ble Mr. Justice Vineet Saran Criminal Appeal No.…

Consumer

COMPENSATION TO BE AWARDED – CONSUMER FORA — The amount of the interest is the compensation to the beneficiary deprived of the use of the investment made by the complainant – Therefore, such interest will take into its ambit, the consequences of delay in not handing over his possession – In fact, that the learned SCDRC as well as NCDRC has awarded compensation under different heads on account of singular default of not handing over possession – Such award under various heads in respect of the same default is not sustainable.

May 18, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DLF HOMES PANCHKULA PVT. LTD. — Appellant Vs. D.S. DHANDA, ETC. ETC. — Respondent ( Before : D.Y. Chandrachud and Hemant Gupta, JJ. )…

Consumer

The Commission does have the jurisdiction to dismiss the complaint in limine and decline its admission without notice to the opposite party. However, such jurisdiction to dismiss the complaint in limine has to be exercised by the Commission having regard to facts of each case, i.e., in appropriate case.

May 12, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S ANJANEYA JEWELLERY — Appellant Vs. NEW INDIA ASSURANCE CO.LTD. AND OTHERS — Respondent ( Before : Abhay Manohar Sapre and Dinesh Maheshwari, JJ.…

Consumer

Medical Negligence–It is not to be necessary for every professional to possess the highest level of expertise in that branch in which he practices Medical Negligence—A doctor cannot be said to be negligent if he is acting in accordance with a practice accepted as proper by a reasonable body of medical men skilled in that particular branch of medicine

Apr 29, 2019 sclaw

2019(2) Law Herald (SC) 962 : 2019 LawHerald.Org 776 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice Sanjay Kishan Kaul Civil Appeal…

Consumer

Medical Negligence—Patient was admitted with dengue fever in hospital–Hospital failed to regularly monitor the blood parameters of the patient during the course of the day as recommended in medical practice-Patient died due to cardiac arrest—Hospital held to be negligent. Medical Negligence—Standard of Proof—Where unreasonableness in professional conduct has been proven, a professional cannot escape liability for medical evidence merely by relying on opinion of a body of professionals

Apr 21, 2019 sclaw

2019(2) Law Herald (SC) 915 : 2019 LawHerald.Org 729 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr Dhananjaya Y Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil Appeal…

You missed

Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw