Supreme Court of India Judgements

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

Category: Corruption

Corruption

Misappropriation of public funds – Bank Employee – In banking business absolute devotion, integrity and honesty is a sine qua non for every bank employee. High Court has committed an apparent error in setting aside the order of dismissal of the respondent confirmed in departmental appeal by order – Appeal allowed.

Jan 17, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH DEPUTY GENERAL MANAGER (APPELLATE AUTHORITY) AND OTHERS — Appellant Vs. AJAI KUMAR SRIVASTAVA — Respondent ( Before : L. Nageswara Rao, Hemant Gupta and…

Corruption

Delhi Special Police Establishment Act, 1946 – There are no pleadings by the public servants with regard to the prejudice caused to them on account of non-obtaining of prior consent under Section 6 of the DSPE Act qua them specifically in addition to the general consent in force, nor with regard to miscarriage of justice – No reason to interfere with the finding

Nov 22, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S FERTICO MARKETING AND INVESTMENT PVT. LTD. AND OTHERS ETC. — Appellant Vs. CENTRAL BUREAU OF INVESTIGATION AND ANOTHER ETC. — Respondent ( Before…

Corruption

Prevention of Corruption Act, 1988 – IPC , 1860 – Evidence Act, 1872 – Ss 165 – Constitution of India, Art 14 – Corruption Charges – Punishment of dismissal was disproportionate to the allegation of corruption, is without merit – It is a settled legal proposition that the Disciplinary Authority has wide discretion in imposing punishment for a proved delinquency, subject to principles of proportionality and fair play

Sep 11, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH PRAVIN KUMAR — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : N.V. Ramana, S. Abdul Nazeer and Surya Kant,…

Corruption

Corruption Law–Reduction in sentence–Illegal Gratification–Corruption by public servant–Patwari convicted and sentenced for accepting bribe of Rs. 300/—Prayer for reduction of sentence as incident was 19 years old–Custodial sentence of one year, which is minimum prescribed, would meet the ends of justice

Jul 8, 2020 sclaw

Surain Singh v. State of Punjab 2009(2) LAW HERALD (SC) 724 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Asok Kumar…

Corruption

Prevention of Corruption Act, 1988 – Section 2(c) (xi) – Deemed University – Whether the trustee of Deemed University is a ‘public servant’ covered under Section 2(c) of the PC Act – Held, Deemed university covered under PC Act – This Court is of the opinion that the High Court was incorrect in holding that a “Deemed University” is excluded from the ambit of the term “University” under Section 2(c)(xi) of the PC Act.

Apr 28, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH STATE OF GUJARAT — Appellant Vs. MANSUKHBHAI KANJIBHAI SHAH — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and Ajay Rastogi, JJ.…

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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