Supreme Court of India Judgements

46550 Judgements hosted as on 16/07/2024 - Search (FREE), Subscribe, Read & Download

Category: SC/ST

SC/ST

Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 – Section 4(2) – The Olympic Riding and Equestrian Academy (OREA) is facing disputes over allegations of caste-based discrimination and other complaints filed against trainees and administrators – The main issue is whether the complaints filed under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, were substantiated and whether FIRs should be registered – The appellants argued that the complaints were not made in public view and lacked specific details, thus not constituting offenses under the Act of 1989 – The respondent claimed that the complaints were ignored by the police and not investigated as mandated by the Act of 1989 – The Supreme Court allowed the criminal appeal, upholding the Metropolitan Magistrate’s order that dismissed the application for FIR registration under the Act of 1989 – The court found the allegations vague, did not specify the offenses, and were not made in public view – The impugned judgment of the High Court directing the registration of an FIR was set aside

Jul 4, 2024 sclaw

(2024) INSC 437 SUPREME COURT OF INDIA DIVISION BENCH PRITI AGARWALLA AND OTHERS — Appellant Vs. THE STATE OF GNCT OF DELHI AND OTHERS — Respondent ( Before : M.…

Acquittal SC/ST

Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 – Section 4(2) – The Olympic Riding and Equestrian Academy (OREA) is facing disputes over allegations of caste-based discrimination and other complaints filed against trainees and administrators – The main issue is whether the complaints filed under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, were substantiated and whether FIRs should be registered – The appellants argued that the complaints were not made in public view and lacked specific details, thus not constituting offenses under the Act of 1989 – The respondent claimed that the complaints were ignored by the police and not investigated as mandated by the Act of 1989 – The Supreme Court allowed the criminal appeal, upholding the Metropolitan Magistrate’s order that dismissed the application for FIR registration under the Act of 1989 – The court found the allegations vague, did not specify the offenses, and were not made in public view – The impugned judgment of the High Court directing the registration of an FIR was set aside.

May 27, 2024 sclaw

2024 INSC 437 SUPREME COURT OF INDIA DIVISION BENCH PRITI AGARWALLA AND OTHERS — Appellant Vs. THE STATE OF GNCT OF DELHI AND OTHERS — Respondent ( Before : M.…

Acquittal I P C SC/ST

Penal Code, 1860 (IPC) – Section 306 – Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 – Section 3(2)(v) – Abetment of suicide – Necessary ingredients – This court ruled that the charge under the SC/ST Act was unwarranted because the prosecution did not allege that the offence under the IPC was committed based on the deceased’s caste – The court also found that the allegations in the suicide note were not sufficient to establish abetment of suicide under Section 306 of the IPC – Appeal Allowed.

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRABHAT KUMAR MISHRA @ PRABHAT MISHRA — Appellant Vs. THE STATE OF U.P. AND OTHER — Respondent ( Before : B.R. Gavai and Sandeep…

Acquittal SC/ST

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(xi) – The Court held that the prosecution had failed to prove beyond a reasonable doubt that the accused had assaulted the victim with the intention of dishonouring or outraging her modesty, as required under Section 3(1)(xi) SC/ST Act – The Court also held that the prosecution had failed to establish that the accused belonged to a Scheduled Caste or a Scheduled Tribe

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH DASHRATH SAHU — Appellant Vs. STATE OF CHHATTISGARH — Respondent ( Before : B.R. Gavai, Prashant Kumar Mishra and Sandeep Mehta, JJ. ) Criminal…

Acquittal SC/ST

Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act, 1989 – Sections 3(2)(v) and 14A(1) – – Acquittal -There must be an allegation that the accused not being a member of Scheduled Caste or Scheduled Tribe committed an offence under the IPC punishable for a term of 10 years or more against a member of the Scheduled Caste or Scheduled Tribe knowing that such person belongs to such ‘community’

Dec 2, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHASHIKANT SHARMA AND OTHERS — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Pamidighantam Sri Narasimha and Sandeep Mehta,…

SC/ST

S C and S T (Prevention of Atrocities) Act, 1989 – S 14A(1) – (CrPC) – S 319 courts satisfaction preceding the order thereunder must be more than prima facie as formed at the stage of a charge being framed and short of satisfaction to an extent that the evidence, if unrebutted, would lead to conviction – Summoning order upheld – Appeal dismissed

Jun 11, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JITENDRA NATH MISHRA — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : Dipankar Datta and Pankaj Mithal, JJ. ) Criminal…

SC/ST

Penal Code, 1860 (IPC) – Section 504 – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(i)(x) – Probation of Offenders Act, 1958 – Sections 3 and 11 – Power of court to release certain offenders after admonition – HELD this Court under the 1958 Act itself can pass an order at this stage – It appropriate that the appellant may be released instead of carrying out the sentence after due admonition

Apr 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KUNTI KUMARI — Appellant Vs. THE STATE OF JHARKHAND — Respondent ( Before : S. Abdul Nazeer and Vikram Nath, JJ. ) Criminal Appeal…

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Tenders & Contracts

E-auction — Typographical error — e-auction for a manganese and iron ore block submitted a bid of 140.10% instead of its intended bid of 104.10% due to a typographical error — The court allowed the company’s appeal and ordered a fresh e-auction for the block — The company was also ordered to pay Rs 3 crore ($400,000) to the state as compensation for the delay caused by its error.

Jul 20, 2024 sclaw
Corporate

Drugs (Price Control) Order, 1995 — Paragraph 13 — Recovery of overcharged amount of drugs — Demand made by the National Pharmaceutical Pricing Authority (NPPA) to recover an overcharged amount for a Cloxacillin-based drug formulation called Roscilox — The Court found that the appellant’s admission of purchasing the drug directly from the manufacturer made it liable under Paragraph 13 of the Drugs (Price Control) Order, 1995 (DPCO) — The Court also rejected the appellant’s claim that it was only a ‘dealer’ and not a ‘distributor’ under the DPCO, as the definitions of these terms under the DPCO are not mutually exclusive — The Court further noted that the objective of the DPCO is to control the prices of medicinal drug formulations and ensure they are made available to the common man, and thus, the provision should not be subjected to a restricted or hidebound interpretation — Appeal Dismissed.

Jul 20, 2024 sclaw
I P C Matrimonial

Penal Code, 1860 (IPC) — Sections 498A, 323 and 504 — Dowry Prohibition Act, 1961 — Sections 3 and 4 — Irretrievable breakdown of marriage as a ground for divorce — The court recognized that irretrievable breakdown of marriage, where the parties have been living separately for a significant period and all efforts at reconciliation have failed, can be a valid ground for divorce — This expands the grounds for divorce beyond the traditional grounds mentioned in the Hindu Marriage Act, 1955.— One-time settlement as a mode of permanent alimony — The court allowed the parties to opt for a one-time settlement as a mode of permanent alimony, instead of periodic payments — This provides flexibility to the parties in resolving their financial obligations towards each other.

Jul 20, 2024 sclaw
Service

Bihar City Manager Cadre (Appointment and Service Conditions) Rules, 2014 — Rules 5 and 11 — The Supreme Court has dismissed appeals challenging the validity of a judgment by the Patna High Court, which allowed a candidate to be considered for appointment as a City Manager in Bihar — The candidate had scored to meet up the minimum qualifying marks of 32% — The court found that the minimum qualifying marks were only for the written test and not for the overall selection process — The court also rejected the appellants’ reliance on an executive order issued in 2007, stating that it was not applicable to the rules issued in 2014 — The court concluded that the candidate was eligible and qualified to be considered for appointment as she had met the minimum qualifying marks in the written test.

Jul 20, 2024 sclaw