Supreme Court of India Judgements

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

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Service Matters
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Service Law – Termination – The Supreme Court found that the termination was unjustified and in violation of natural justice principles, as no disciplinary enquiry was conducted – The Court quashed the High Court’s judgments and the termination order, reinstated the appellant, and allowed the Institute to conduct disciplinary proceedings if desired.

Apr 27, 2024 sclaw

2024 INSC 309 SUPREME COURT OF INDIA DIVISION BENCH SANDEEP KUMAR — Appellant Vs. GB PANT INSTITUTE OF ENGINEERING AND TECHNOLOGY GHURDAURI AND OTHERS — Respondent ( Before : B.R.…

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Amendment of Plaint – Amendment of the plaint in a suit for partition of ancestral property -The Court allowed the appeal and set aside the order of the High Court, holding that the amendment was not permissible as it would change the nature and character of the suit, cause prejudice to the appellant, and was barred by limitation and res judicata -The Court relied on the provisions of Order VI Rule 17 and Order XXIII Rule 3 of the Code of Civil Procedure, 1908, and the precedents of this Court (M. Revanna v. Anjanamma (Dead) by legal representatives and others, (2019) 4 SCC 332 ) on the scope and limitations of amendment of pleadings and challenge to compromise decrees.

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BASAVARAJ — Appellant Vs. INDIRA AND OTHERS — Respondent ( Before : C.T. Ravikumar and Rajesh Bindal, JJ. ) Civil Appeal No. 2886 of…

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Civil Law – It is settled law that a vendor cannot transfer a title to the vendee better than he himself possesses, the principle arising from the maxim nemo dat quod non habet, i.e., “no one can confer a better title than what he himself has”. In the present case, the plaintiff’s vendor having been denied the right of title in the land by the Commissioner’s order, could not have conveyed the same to her vendee.

Nov 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH P. KISHORE KUMAR — Appellant Vs. VITTAL K. PATKAR — Respondent ( Before : Bela M. Trivedi and Dipankar Datta, JJ. ) Civil Appeal…

Service Matters
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Acquittal in POCSO cases cannot be treated as a clean acquittal when prosecutrix and witnesses cited by the prosecution turned hostile, the trial Court passed an order, acquitting the respondent of the charges framed under Section 354(D) of the IPC and Section 11 (D)/12 of the POCSO Act – Appointment to post of police constable unsuitable.

Oct 1, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MADHYA PRADESH AND OTHERS — Appellant Vs. BHUPENDRA YADAV — Respondent ( Before : Hima Kohli and Rajesh Bindal, JJ. )…

Narcotics Uncategorized

Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 18 – Appeal against conviction – An appeal against conviction could not have been treated as infructuous merely for the reason that the convicted appellant had served out the sentence awarded by the Trial Court in any case, the appeal could not have been dismissed as infructuous – Appeal remanded

Sep 28, 2023 sclaw

2022) 1 ApexCourtJudgments(SC) 394 : (2022) 1 CriCC 387 : (2022) 1 RCR(Criminal) 119 SUPREME COURT OF INDIA DIVISION BENCH GURJANT SINGH — Appellant Vs. THE STATE OF PUNJAB —…

C P C Uncategorized

Order XXI of the Code of Civil Procedure, 1908 (CPC) is a complete code for resolving all disputes, including against strangers to the decree. – The Executing Court could not have dismissed the execution petition by treating the decree to be inexecutable merely on the basis that the decree-holder has lost possession to a third party/encroacher.

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SMT. VED KUMARI (DEAD THROUGH HER LEGAL REPRESENTATIVE) DR. VIJAY AGARWAL — Appellant Vs. MUNICIPAL CORPORATION OF DELHI THROUGH ITS COMMISSIONER — Respondent (…

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Environment (Protection) Act, 1986 – Section 3 – An establishment contributing to the economy of the country and providing livelihood ought not to be closed down only on the ground of the technical irregularity of not obtaining prior Environmental Clearance irrespective of whether or not the unit actually causes pollution.

Apr 2, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S PAHWA PLASTICS PRIVATE LIMITED AND ANOTHER — Appellant Vs. DASTAK NGO AND OTHERS — Respondent ( Before : Indira Banerjee and J.K. Maheshwari,…

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(CrPC) – Section 188 – Sanction – In terms of Section 188, even if an offence is committed outside India, (a) by a citizen whether on the high seas or anywhere else or (b) by a non-citizen on a ship or aircraft registered in India, the Section gets attracted when the entirety of the offence is committed outside India; and the grant of sanction would enable such offence to be enquired into or tried in India.

Mar 31, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH SARTAJ KHAN — Appellant Vs. STATE OF UTTARAKHAND — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Pamidighantam Sri Narasimha, JJ.…

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Acquittal

Penal Code, 1860 (IPC) – Sections 394 read with Section 397 – Voluntarily causing hurt in committing robbery – The appellant was convicted for offences under Sections 394 and 397 of the IPC, sentenced to seven years rigorous imprisonment with a fine, based on the recovery of stolen items and identification by the complainant – The appeal challenges the High Court’s dismissal of the appellant’s appeal against the trial court’s conviction and sentence – The appellant contested the identification of the stolen items and the legality of the disclosure statement used to convict him – The State supported the trial court’s findings, emphasizing the recovery of stolen items and the identification process – The Supreme Court allowed the appeal, acquitted the appellant, and ordered release, citing insufficient evidence to affirm guilt – The Court’s reasoning focused on the improper proof of the disclosure memo and the questionable identification of the stolen items by the complainant – The conclusion was that the prosecution failed to connect the appellant with the crime conclusively.

Apr 27, 2024 sclaw
State Laws

M.P. Excise Act, 1915 – The case involves the applicability of a rule for imposing penalties related to the liquor license period of 2009-10 and whether the old or substituted rule should apply – The main issue is whether the penalty should be based on the rule in place during the violation (2009-10) or the substituted rule from 2011, which reduced the penalty – The appellant argues for the application of the substituted rule, which imposes a lower penalty, as the old rule was repealed – The State contends that the old rule should apply to transactions from 2009-10, despite the substitution – The Supreme Court accepted the appellant’s contention, applying the substituted rule to pending proceedings – The Court reasoned that the purpose of the amendment was to balance the offence and penalty, and not applying the substituted rule would not serve public interest – The Court distinguished between the effects of repeal and substitution of rules, emphasizing that the substituted rule should apply from the date of substitution – The appeals were allowed, setting aside the High Court’s judgment, and the penalty was determined based on the substituted rule from 2011.

Apr 27, 2024 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 – Section 236 – Criminal Procedure Code, 1973 (CrPC) – Sections 190, 193 and 200 – The appeal challenges a High Court judgment regarding a complaint filed by the Insolvency and Bankruptcy Board of India against the Ex-Directors of M/s. SBM Paper Mills Pvt. Ltd. for offences under the Insolvency and Bankruptcy Code, 2016 – The primary issue is whether the Special Court established under Chapter XXVIII of the Companies Act, 2013 has jurisdiction to try offences under the Insolvency and Bankruptcy Code, 2016 – The Insolvency and Bankruptcy Board of India argued that the High Court erred in quashing the proceedings and that offences under the Code should be tried by the Special Court – The respondents contended that the High Court’s judgment was correct and that the Special Court did not have jurisdiction to try the complaint – The Supreme Court allowed the appeal, holding that the Special Court presided by a Sessions Judge or an Additional Sessions Judge has jurisdiction to try the complaint under the Code – The Court reasoned that the reference to the Special Court in Section 236(1) of the Code is a ‘legislation by incorporation’ and not a ‘legislation by reference’, meaning subsequent amendments to the Companies Act do not affect the Code – The Court applied principles from previous judgments to determine that the case is one of ‘legislation by incorporation’ – The Supreme Court set aside the High Court’s judgment and remitted the matter to the High Court for consideration on merits. The judicial opinion emphasizes the importance of legislative intent and the distinction between ‘legislation by incorporation’ and ‘legislation by reference’ in determining jurisdiction.

Apr 27, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Sections 143, 147, 148, 506(2) and 302 read with Section 149 – The appellants were convicted for the murder and sentenced to life imprisonment by the High Court, reversing their earlier acquittal by the trial court – The main issue was the reliability of eyewitness testimonies and the admissibility of evidence, such as the FIR and recovery of weapons – The appellants argued that the High Court erred in reversing the acquittal, contending that the eyewitnesses were unreliable and the FIR was a post-investigation document – The State contended that the eyewitness testimonies were credible and the FIR was lodged promptly without undue delay – The Supreme Court reversed the High Court’s decision, acquitted the appellants, and discharged their bail bonds – The Court found inconsistencies in the eyewitness accounts and issues with the FIR and recovery of weapons – The Court applied principles regarding the appellate court’s power in appeals against acquittal, emphasizing the need for the High Court to find perversity or illegality in the trial court’s judgment to reverse an acquittal – The Supreme Court concluded that the High Court’s judgment was flawed and restored the trial court’s acquittal of the appellants.

Apr 27, 2024 sclaw