Supreme Court of India Judgements

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

Category: Election Laws

Election Laws

JK NC was entitled to the “plough” symbol and set aside the LADHC election notification S.O.53 published vide No.Secy/Election/2023/290-301 dated 05.08.2023 – A fresh Notification shall be issued within seven days from today for elections to constitute the 5th Ladakh Autonomous Hill Development Council, Kargil – R1 is declared entitled to the exclusive allotment of the Plough symbol for candidates proposed to be put up by it.

Sep 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION TERRITORY OF LADAKH AND OTHERS — Appellant Vs. JAMMU AND KASHMIR NATIONAL CONFERENCE AND ANOTHER — Respondent ( Before : Vikram Nath and…

Election Laws

Representation of People Act, 1951 – the election petition contained on affidavit and also a verification. In this very affidavit, the election petitioner has sworn on oath that the paragraphs where he has raised allegations of corrupt practice are true to the best of his knowledge. Though there is no separate and an independent affidavit with respect to the allegations of corrupt practice, there is substantial compliance of the requirements under Section 83(1)(c) of the Act.

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH THANGJAM ARUNKUMAR — Appellant Vs. YUMKHAM ERABOT SINGH AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI. and Pamidighantam Sri Narasimha,…

Election Laws

Chhattisgarh Panchayat Nirvachan Niyam, 1995 – Section 80 – Chhattisgarh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 – Rule 6 – Election Petition – Relief for re-counting of votes – Election Petition seeking relief for re-counting of votes only, without seeking any other reliefs i.e., declarations as contemplated in Rule 6, would not be tenable in the eye of law

Aug 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DHARMIN BAI KASHYAP — Appellant Vs. BABLI SAHU & OTHERS — Respondent ( Before : Bela M. Trivedi and S.V.N. Bhatti, JJ. ) Civil…

Constitution Election Laws

HELD In order to ensure the purity of the election process it was thought by our Constitution- makers that the responsibility to hold free and fair elections in the country should be entrusted to an independent body which would be insulated from political and/or executive interference.

Jul 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF WEST BENGAL AND OTHERS — Appellant Vs. SUVENDU ADHIKARI AND OTHERS — Respondent ( Before : B.V. Nagarathna and Manoj Misra,…

C P C Election Laws

Representation of the People’s Act, 1951 – Ss 13(1)(a) and 100(1)(d)(iv) – (CPC) – Order 7 Rule 11(a) -In absence of material facts constituting cause of action for filing Election petition under Section 100(1)(d)(iv) of the said Act, the Election petition is required to be dismissed under Order VII Rule 11(a) CPC read with Section 13(1)(a) of the RP Act – Election petition dismissed.

May 9, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KANIMOZHI KARUNANIDHI — Appellant Vs. A. SANTHANA KUMAR AND OTHERS — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi, JJ. ) Civil…

Election Laws

Section 116A of the Representation of People Act, 1951 HELD appellant-successful candidate was not born on 30.09.1990 and was not twenty-five years old at the time of filing the nomination as the appellant has been unable to prove the said fact – the date of birth of the appellant as 01.01.1993 which have been proved the election petitioner. The issuance of the fresh passport during the pendency of the Election Petition of no value. Appeal dismissed

Nov 13, 2022 sclaw

FULL BENCH MOHD. ABDULLAH AZAM KHAN — Appellant Vs. NAWAB KAZIM ALI KHAN — Respondent ( Before : Ajay Rastogi, B.V. Nagarathna and B.V. Nagarathna JJ. ) Civil Appeal No(S).…

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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