Supreme Court of India Judgements

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Category: Contempt

Contempt

Contempt Petition – Non-compliance of directions – Builder is guilty of delaying the construction by not taking suitable steps in complete disobedience of the orders passed by this Court based on its undertaking – Contempt Petition is closed with liberty to the tenants/occupants to approach this Court in case of non-compliance of the directions.

Apr 24, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAGDISH MAVJI TANK (DEAD) THROUGH LRS. AND OTHERS — Appellant Vs. HARRESH NAVNITRAI MEHTA AND OTHERS — Respondent ( Before : L. Nageswara Rao…

Contempt

Contempt is a matter which is between the Court passing the order of which contempt is alleged and the contemnor; questions as to executability of such order is a question which concerns the parties inter-se – Power of the Court to invoke contempt jurisdiction, is not, in any way, altered

Mar 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH URBAN INFRASTRUCTURE REAL ESTATE FUND — Appellant Vs. DHARMESH S. JAIN AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

Contempt

Contempt of Court – Non-compliance of the directions issued by this Court is wilful and deliberate and amounts to contempt of Court – Direction to respondent-contemnors to remain present before this Court on 22nd February 2022 and show cause as to why they should not be held guilty for having committed contempt of this Court and be punished in accordance with law.

Jan 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BIJAY KUMAR SINHA AND OTHERS — Appellant Vs. TRIPURARI SHARAN AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…

Contempt

Constitution of India, 1950 – Article 129 – Contempt of Courts Act, 1971 – Contempt jurisdiction is always discretionary which should be exercised sparingly and with circumspection – This is not a fit case to exercise the said jurisdiction by punishing the respondents – However, it is always open for the petitioner to adopt appropriate proceedings for recovery of money as mentioned in the report in accordance with law – Contempt petitions disposed of in terms.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE BORDEURI SAMAJ OF SRI SRI MAA KAMAKHYA — Appellant Vs. RIJU PRASAD SARMA AND OTHERS — Respondent ( Before : Ajay Rastogi and…

Contempt

Contempt of Courts Act, 1971 – Section 12 – Contempt of Courts – Violation of Court’s directions – A decree obtained under Land Acquisition Act, is an executable decree and no contempt can be maintained for non-compliance of such decree – Weapon of contempt is not to be used in abundance or misused – inasmuch as contempt is between contemner and the court.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. SOORAJMULL NAGARMULL — Appellant Vs. SRI BRIJESH MEHROTRA AND OTHERS — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ. )…

Contempt

Contempt of Courts Act, 1971 – Civil contempt – Guilty of willful disobedience of order in respect to the levy made-Merely because a subordinate official acted in disregard of an order passed by the Court, a liability cannot be fastened on a higher official in the absence of knowledge – When two views are possible, the element of willfulness vanishes as it involves a mental element – It is a deliberate, conscious and intentional act

Oct 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. U.N. BORA, EX. CHIEF EXECUTIVE OFFICER AND OTHERS — Appellant Vs. ASSAM ROLLER FLOUR MILLS ASSOCIATION AND ANOTHER — Respondent ( Before :…

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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