Supreme Court of India Judgements

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Category: State Laws

State Laws

Madhya Bharat Land Revenue and Tenancy Act, 2007 – Sections 57, 158 and 159 – Madhya Pradesh Land Revenue Code, 1959 – Sections 108, 114 and 258 – Pujari is only to perform puja and to maintain the properties of the deity – Circulars issued by Madhya Pradesh Government to delete the names of Pujari from revenue record so as to protect the temple properties from unauthorized sale by the Pujaris upheld.

Sep 16, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MADHYA PRADESH AND OTHERS — Appellant Vs. PUJARI UTTHAN AVAM KALYAN SAMITI AND ANOTHER — Respondent ( Before : Hemant Gupta…

State Laws

Abkari Shops Departmental Management Rules, 1972 – Rule 13 – New rule or amendment – Retrospectivity cannot be presumed – No indication that Rule 13 applied retrospectively – There is profusion of judicial authority on the proposition that a rule or law cannot be construed as retrospective unless it expresses a clear or manifest intention, to the contrary.

Sep 15, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ASSISTANT EXCISE COMMISSIONER, KOTTAYAM AND OTHERS — Appellant Vs. ESTHAPPAN CHERIAN AND ANOTHER — Respondent ( Before : L. Nageswara Rao and S. Ravindra…

State Laws

Contract load/sanctioned load – Reduction of – Fresh agreements may have been executed at the stage of enhancement of load of the same electricity connection, the same cannot be treated as anything but an extension/amendment or modification of the initial agreement granting the electricity connection

May 2, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JHARKHAND STATE ELECTRICITY BOARD AND OTHERS — Appellant Vs. M/S RAMKRISHNA FORGING LIMITED — Respondent ( Before : L. Nageswara Rao and Vineet Saran,…

State Laws

H P G S T Rules, 2017 – Rule 159(5) – Provisional attachment – Under the provisions of Rule 159(5), the person whose property is attached is entitled to dual procedural safeguards: (a) An entitlement to submit objections on the ground that the property was or is not liable to attachment; and (b) An opportunity of being heard;

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S RADHA KRISHAN INDUSTRIES — Appellant Vs. STATE OF HIMACHAL PRADESH AND OTHERS RESPONDENT ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah,…

State Laws

Gokarna Mahabaleshwara Temple Case – Court direct that the ‘Overseeing Committee’ shall function under the Chairmanship of Hon’ble Justice Sri. B.N. Srikrishna, Former Judge, Supreme Court of India and manage the affairs of the temple in all respects – Ramchandrapura Math shall hand over charge of the affairs of the temple to the Assistant Commissioner who shall also act as Secretary to the ‘Overseeing Committee’.

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH RAMACHNADRAPURA MATH — Appellant Vs. SRI SAMSTHANA MAHABALESHWARA DEVARU AND OTHERS — Respondent ( Before : S. A. Bobde, CJI., A.S. Bopanna and V.…

State Laws

Reservation of seats in respect of OBCs – Reservation for OBCs must be proportionate in the context of nature and implications of backwardness and in any case, is permissible only to the extent it does not exceed the aggregate of 50 per cent of the total seats in the local bodies reserved for SCs/STs/OBCs taken together

Mar 7, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH VIKAS KISHANRAO GAWALI — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : A.M. Khanwilkar, Indu Malhotra and Ajay Rastogi, JJ.…

State Laws

W B Premises Requisition and Control (Temporary Provisions) Act, 1947- To then say that the urgency provision could be invoked on account of the Single Judge’s order dated 22.06.2000, is to attempt to infer from the said order, much more than it actually said – Therefore, the Division Bench rightly held that at best this order could possibly refer to the acquisition proceedings

Mar 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PUNALUR PAPER MILLS LIMITED — Appellant Vs. WEST BENGAL MINERAL DEVELOPMENT AND TRADING CORPORATION LIMITED AND OTHERS — Respondent ( Before : R.F. Nariman…

You missed

Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw
Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw