Supreme Court of India Judgements

46420 Judgements hosted as on 27/04/2024 - Search (FREE), Subscribe, Read & Download

Category: I P C

I P C

Vicarious Liability— Indian Penal Code does not contain any provision for attaching vicarious liability on the part of the Managing Director or the Directors of the Company when the accused is the Company. Quashment—Suit for recovery of huge amount pending —The acts of omission and commission on the part of the bank, if any, by withholding export bills of the bank may give rise to a statutory violation on its part but the respondents were not personally liable therefor.

Jun 10, 2017 sclaw

  2007(4) LAW HERALD (SC) 3149 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 1248…

I P C

Penal Code, 1860 (IPC) – Section 304 – Custodial death – Nature of offence – Injuries found on body of deceased were confined to skin and upper level of body – In this case of custodial death it is found by the medical evidence that the injuries were confined to the skin and upper level of the body. Grievous injuries were not found on vital parts of the body like head, liver, spleen, heart, lungs, etc. The duration of the injuries were widely variant.

Jun 2, 2017 sclaw

  (2006) ACJ 1002 : AIR 2005 SC 402 : (2005) CriLJ 320 : (2004) 10 JT 547 : (2004) 9 SCALE 390 : (2005) 9 SCC 631 : (2004)…

I P C

The Court has always clarified that the punishment so awarded would be subject to any order passed in exercise of the clemency powers of the President of India or Governor of State, as the case may be. Pardons, reprieves and remissions are granted in exercise of prerogative power. There is no scope of judicial review of such orders except on very limited grounds for example non- Application of mind while passing the order;

May 30, 2017 sclaw

(2013) 4 RCR(Criminal) 192 : (2013) 10 SCALE 671 : (2013) 10 SCC 631 SUPREME COURT OF INDIA GURVAIL SINGH @ GALA — Appellant Vs. STATE OF PUNJAB — Respondent…

I P C

Penal Code, 1860 (IPC) – Section 376 – Disclosure of identity of victim – Permissibility – Section 228 – A of the Indian Penal Code, 1860 (IPC) makes disclosure of identity of victim of certain offences punishable. Printing or publishing name of any matter which may make known the identity of any person against whom an offence under Sections 376, 376 – A, 376 – B, 376 – C, or 376 – D is alleged or found to have been committed can be punished

May 28, 2017 sclaw

  AIR 2003 SC 4684 : (2004) CriLJ 1 : (2003) 2 JT 493 Supp : (2003) 8 SCALE 735 : (2003) 8 SCC 551 : (2003) 4 SCR 792…

I P C

Murder and Robbery—Accused threw deceased in the canal—No evidence that there has been any intention to cause death—Case falls under Section 304, Part II IPC. FIR—Delay in lodging of—Mere delay in lodging the first information report, cannot be held to be fatal to the prosecution case.

May 21, 2017 sclaw

2007(4) LAW HERALD (SC) 2914 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.H. Kapadia The Hon’ble Mr. Justice B.Sudershan Reddy Criminal Appeal No. 1107 of 2007…

I P C

The Trial Court has found that when the version, as regards the recovery was truthfully and fully corroborated, was acceptable and there was no reason to reject the version of the witness – The medical evidence substantially establishes the intention of the accused to eliminate the deceased and the injuries sustained by the deceased discloses the coordinated vengeance with which the assault was caused by the Appellants, in order to ensure that the deceased did not survive – Appeals dismissed.

May 14, 2017 sclaw

  (2013) 5 ABR 841 : (2013) 7 AD 664 : AIR 2013 SC 3510 : (2013) CriLJ 4011 : (2013) 8 SCALE 131 : (2013) 12 SCC 721 SUPREME…

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State Laws

Bombay Public Trusts Act, 1950 – The case involves the acceptance of Change Reports for the Vahiwatdar (Administrator) and Trustees of Shri Mallikarjun Devasthan, a Public Trust – The High Court invalidated the acceptance and remanded the matters for reconsideration – The main issue was the delay in filing the Change Report for the new Vahiwatdar of the Trust, which was submitted 17 years after the previous Vahiwatdar’s death – The Supreme Court set aside the High Court’s judgment, confirming the acceptance of Change Report Nos. 899 of 2015 and 1177 of 2017, allowing the civil appeals – The Court found that the delay in filing the Change Report was a curable defect and did not impact the legitimacy of the new Vahiwatdar’s assumption of office – The Court emphasized a liberal approach to condonation of delay, citing precedents.

Apr 28, 2024 sclaw
Service

Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 – Sections 7, 8 and 9 – Procedure for resignation by employees of private schools – The appellant challenged his termination from, which was set aside by the Tribunal but reinstated by the High Court – The main issues were whether the appellant’s resignation was lawfully withdrawn and if the documents related to his resignation were fabricated – The appellant argued that his resignation withdrawal was not considered and that the school committee’s resolutions were fabricated – The respondents contended that the resignation was accepted by the management committee and the school committee, and the appellant was informed accordingly – The Supreme Court upheld the High Court’s decision, dismissing the appeal and affirming that the appellant’s resignation was voluntary and lawfully accepted – The Court found no evidence of fabricated documents and determined that the management committee’s acceptance of the resignation was valid – The Court referenced the MEPS Act and Rules, concluding that non-communication of resignation acceptance does not invalidate the termination – The Supreme Court concluded that the appellant’s resignation was accepted before his attempted withdrawal, and thus the termination was lawful.

Apr 28, 2024 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 – Section 5(7) – “financial creditor” – The appeals challenge judgments related to the status of certain creditors of M/s. Mount Shivalik Industries Limited under the Insolvency and Bankruptcy Code, 2016 (IBC) – The primary issue is whether the respondents are financial creditors or operational creditors within the meaning of the IBC – The appellants argue that the respondents are operational creditors, as the agreements indicate services rendered to promote the corporate debtor’s products – The respondents contend that the agreements were a means to raise finance, making them financial creditors due to the interest-bearing security deposits – The Court upheld the NCLAT’s decision, recognizing the respondents as financial creditors based on the commercial effect of the transactions – The Court examined the true nature of the transactions and found that the arrangements had the commercial effect of borrowing, satisfying the criteria for financial debt under the IBC – The Court applied the definition of financial debt and operational debt from the IBC, emphasizing the disbursal against the consideration for the time value of money – The appeals were dismissed, confirming the respondents’ status as financial creditors and allowing the resolution process to continue accordingly – The Court’s detailed analysis affirmed the NCLAT’s interpretation of the IBC provisions.

Apr 28, 2024 sclaw
Family Court I P C

“Husband Has No Right On Wife’s Stridhan” Matrimonial Law – The appeal concerns a matrimonial dispute involving misappropriation of gold jewellery and monetary gifts – The appellant, a widow, married the first respondent, a divorcee, and alleged misappropriation of her jewelry and money by the respondents – The core issue is whether the appellant established the misappropriation of her gold jewellery by the respondents and if the High Court erred in its judgment – The appellant claimed that her jewellery was taken under the pretext of safekeeping on her wedding night and misappropriated by the respondents to settle their financial liabilities – The respondents denied the allegations, stating no dowry was demanded and that the appellant had custody of her jewellery, which she took to her paternal home six days after the marriage – The Supreme Court set aside the High Court’s judgment, upheld the Family Court’s decree, and awarded the appellant Rs. 25,00,000 as compensation for her misappropriated stridhan – The Court found the High Court’s approach legally unsustainable, criticizing it for demanding a criminal standard of proof and basing findings on assumptions not supported by evidence – The Court emphasized the civil standard of proof as the balance of probabilities and noted that the appellant’s claim for return of stridhan does not require proof of acquisition – The Supreme Court concluded that the appellant had established a more probable case and directed the first respondent to pay the compensation within six months, with a 6% interest per annum in case of default.

Apr 28, 2024 sclaw