Supreme Court of India Judgements

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

Category: State Laws

State Laws

Gujarat Control of Terrorism and Organised Crime Act, 2015 – Section 3 – Offence of ‘organised crime’ could be said to have been constituted by at least one instance of continuation, apart from continuing unlawful activity evidenced by more than one charge-sheets in the preceding ten years – If ‘organised crime’ was synonymous with ‘continuing unlawful activity’, two separate definitions were not necessary –

Dec 18, 2022 sclaw

DIVISION BENCH THE STATE OF GUJARAT — Appellant Vs. SANDIP OMPRAKASH GUPTA — Respondent ( Before : S. Abdul Nazeer and J.B. Pardiwala, JJ. ) Criminal Appeal No. 2291 of…

State Laws

Maharashtra Land Revenue (Extraction and Removal of Minor Minerals) Rules, 1968 – Rule 4A – – The object and purpose of Rule 4A would be permitting the family of Vadar community to continue their traditional profession of stone crushing by hand by extracting the stone up to 200 brass annually without payment of any fee or royalty – Rule 4A is not meant for the lease for commercial use.

Nov 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAHARASHTRA RAJYA VADAR SAMAJ SANGH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ.…

Constitution State Laws

Allotment of land – Deputy Collector possess the powers to pass the orders of allotment – High Court has seriously erred in setting aside orders on the ground that the Deputy Collector was not having jurisdiction and therefore order is coram non judice – Matter is remitted to the High Court

Nov 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJARAM ABASAHEB DESHMUKH — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. ) Civil…

State Laws

Kerala Panchayat Raj Act, 1994 – Section 52(1A) read with Section 102(1)(ca) – Election – Non-disclosure of conviction – Failure to disclose conviction for an offence under the Kerala Police Act for holding a dharna in front of the Panchayat office, not a ground for declaring an election void – Appeal allowed.

Nov 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAVI NAMBOOTHIRI — Appellant Vs. K.A. BAIJU AND OTHERS — Respondent ( Before : S. Abdul Nazeer and V.Ramasubramanian, JJ. ) Civil Appeal Nos.…

Rent State Laws

Madhya Pradesh Accommodation Control Act, 1961 – Section 13(6) – Striking off defence – Defence was struck off on non-deposit/payment of the balance amount of GST, which is now deposited – same deposited – striking off the defence of the appellant is quashed and the appellant is permitted to defend the eviction suit/suit

Oct 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. FASHION WORLD — Appellant Vs. BANSHIDHAR MULTI BUILDERS PVT. LTD. — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil…

State Laws

West Bengal Co-operative Societies Act, 1940 West Bengal Co-operative Societies Act, 2006 – Appellant Society to proceed further with its project of redevelopment in accordance with the resolutions passed by the General Body from time to time. It is needless to clarify that the first priority should be given to demolish the entire building as the same is in a dilapidated condition.

Oct 16, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH THE BENGAL SECRETARIAT COOPERATIVE LAND MORTGAGE BANK AND HOUSING SOCIETY LTD. — Appellant Vs. SRI ALOKE KUMAR AND ANOTHER — Respondent ( Before :…

State Laws

Madhya Pradesh Value Added Tax Act, 2002 – Sections 14 and 46(1) – Rebate of Input tax – High Court ought not to have entertained the writ petition under Article 226 of the Constitution of India challenging the Assessment Order denying the Input rebate against which a statutory appeal would be available under Section 46(1) of the MP VAT Act, 2002.

Oct 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MADHYA PRADESH AND ANOTHER — Appellant Vs. M/S COMMERCIAL ENGINEERS AND BODY BUILDING COMPANY LIMITED — Respondent ( Before : M.R.…

State Laws

Kerala Co-operative Societies Act, 1969 – Section 40(1)(a) – Exemption from certain taxes, fees and duties – a member of the society executing the document in his own capacity or in the capacity of a Guardian or a minor shall not be entitled to the benefit of remission of stamp duty.

Oct 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KERALA LAND REFORMS & DEVELOPMENT CO-OPERATIVE SOCIETY LIMITED — Appellant Vs. THE DISTRICT REGISTRAR (GENERAL) AND ANOTHER — Respondent ( Before : M.R. Shah…

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C P C

A party should not suffer due to the negligence of their counsel, and a restoration application under Order IX Rule 13 of the CPC can serve as an application for condonation of delay if it explains the reasons for the delay, so that courts should focus on the merits of a case rather than being hindered by procedural technicalities A. Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — An application under Order 9 Rule 13 can also serve as an application for condonation of delay — The court cites Bhagmal and Ors Vs. Kunwar Lal and Others, to support its finding that where the delay in filing an application under Order 9 Rule 13 of the CPC is explained within the application itself, there is no need for a separate application for condonation of delay — The court emphasizes that the procedure is a handmaid of justice, and hyper-technical interpretations of rules should not stand in the way of achieving a just outcome.

Dec 28, 2024 sclaw
Anticipatory Bail

Anticipatory bail should not be granted routinely, especially in serious offenses like murder, and that courts must consider the severity of the charges, the evidence, and the materials on record, including the charge sheet Penal Code, 1860 (IPC) — Section 302 — Murder — The Supreme Court overturned the Patna High Court’s decision to grant anticipatory bail to respondents in a murder case — The case originated from an incident where the appellant’s nephew was allegedly set on fire by the respondents — The court emphasized that anticipatory bail should not be granted mechanically, particularly in severe offenses like murder, and the High Court had erred in not considering the gravity of the charges and the evidence, including the charge sheet which stated that the case against the accused persons was found to be true — The Supreme Court directed the respondents to surrender to the trial court and apply for regular bail, to be considered on its merits — The Supreme Court’s decision underscores the importance of a thorough review of case details and allegations before granting anticipatory bail, especially in cases of serious crimes.

Dec 28, 2024 sclaw
Service

Service Law — Regularization of services for long-term, part-time employees — The court found that the appellants’ continuous service for over a decade, performing essential duties, should not be disregarded simply because their initial appointments were labeled as part-time or contractual — The court noted the indispensable nature of their work, the lack of any performance issues, and that their duties were similar to those of regular employees — The court emphasized that the nature of their work was perennial and fundamental, requiring their classification as regular posts — The court also found that the appellants’ abrupt termination was unjustified and violated principles of natural justice, and the argument against their regularization based on educational qualifications was untenable — The court noted discriminatory practices as other employees with similar or shorter service had been regularized — The court clarified that the Uma Devi judgment was not intended to penalize employees who have served long years in essential roles and that “irregular” appointments should be considered for regularization, especially when they are not “illegal” and the employees have served continuously against sanctioned functions.

Dec 28, 2024 sclaw
Child Custody Matrimonial

For best interest and welfare of the child are the paramount considerations when determining visitation rights A. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The paramount consideration when determining visitation rights is the best interest and welfare of the child — This principle takes precedence over the rights of the parents — The court emphasizes that a child’s health and well-being must not be compromised in the process of adjudicating parental rights. B. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Both parents have a right to the care, company, and affection of their child — However, this right is not absolute and must be balanced with the need to protect the child’s welfare — In this case, the court acknowledges the father’s right to visit his daughter but ensures that these visits do not negatively impact the child. C. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Matrimonial disputes and serious allegations between parents should not impede a child’s right to the care and company of both parents — The court separates the child’s welfare from the conflict between the parents. D. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Visitation arrangements must not cause undue hardship to the child — The court modified the High Court’s order, which required the child to travel 300 kilometers every Sunday, as it was deemed detrimental to the child’s health and well-being. E. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The location for visitation must be convenient and in the best interest of the child — The court changed the visitation location from Karur to Madurai, which is closer to the child’s residence, in order to prioritize the child’s comfort and convenience. F. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Supervised visitation may be necessary, especially for young children — The court directed that the father’s visits should occur in a public place, with the mother present (though at a distance), due to the child’s young age and unfamiliarity with the father.

Dec 28, 2024 sclaw