Supreme Court of India Judgements

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Penal Code, 1860 (IPC) – Sections 376(2)(g) and 506(1) – Tamil Nadu Prevention of Women Harassment Act, 1998 – Section 4 – Gang Rape – The victim’s testimony, along with her mother and aunt’s statements, was consistent with the initial complaint and corroborated by medical evidence – The defense argued that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – Whether the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The inconsistencies in the witnesses’ testimonies were not significant and did not affect the overall credibility of the evidence – The court dismissed the appeal and upheld the conviction of the appellant for gang rape and related charges – The court rejected the defense’s argument that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The court found that the evidence presented was sufficient to convict the appellant for gang rape and related charges – The Supreme Court found that the evidence presented was sufficient to convict the appellant and rejected the defence’s arguments regarding inconsistencies in the witnesses’ testimonies. Dismissal of Civil Suit – Condonation of delay – Standing to file an application – The court clarified that only parties to a suit or those who have accrued a right in the lis can file an application for condonation of delay in filing an application for restoration of the suit. A stranger to the proceedings cannot file such an application. Limitation Act, 1963 – Haryana Public Moneys (Recovery of Dues) Act, 1979 – Section 3(1)(b) – State Financial Corporation Act, 1951 – Section 29 – The appeals arise from a High Court judgment regarding the recovery of time-barred debts under the Act, 1979, and the Act, 1951 – The main issue is whether a debt time-barred under the Limitation Act can be recovered using the aforementioned Acts – The appellants argued that time-barred debts cannot be recovered under the Recovery of Dues Act, citing the precedent set in V.R. Kalliyanikutty – The respondents argued that the Recovery of Dues Act and the State Financial Corporations Act allow for time-barred debt recovery, as they only bar the remedy, not the right – The court examined whether the Recovery of Dues Act creates a new right for creditors and allows for time-barred debt recovery – The court discussed the distinction between a debt and the right of action for its recovery, noting that the statute of limitation bars the latter but not the former – The court concluded that the Recovery of Dues Act and the State Financial Corporations Act provide an alternative mechanism for recovering debts, even if they are time-barred – Matter needs to be placed before the Hon’ble Chief Justice of India to constitute an appropriate three-judge bench. Consumer Law – Policy Claim – The appellants, family of the deceased, filed a complaint after the LIC repudiated their claim on a policy following the policyholder’s accidental death – The main issue was whether there was a concluded contract between the deceased and LIC at the time of his death, which would obligate LIC to pay the insurance benefits – The appellants argued that LIC had accepted the first premium and issued a receipt, thereby assuming risk and concluding the contract before the policyholder’s death – LIC contended that the policy was not communicated to the deceased and was blocked due to his demise, implying no concluded contract existed – The Supreme Court set aside the NCDRC’s order, restored the District Forum’s order in favor of the appellants, and directed LIC to pay the insurance benefits as per the policy terms – The Court found clear presumption of acceptance of the policy by LIC, as the first premium receipt indicated the corporation was on risk from the receipt date – The Court relied on precedents that establish the principles of insurance contracts and the obligations of good faith expected from insurers – The Supreme Court concluded that LIC had indeed entered into a contract with the policyholder before his death, and thus, was liable to pay the insurance benefits to the appellants. Guardian and Wards Act, 1890 – Sections 7, 9 and 25 – Custody Dispute – The case revolves around a custody dispute over two minor children following the deterioration of the marriage between the petitioner and respondent – The High Court granted shared custody, which was challenged by the appellant – The primary issue is the guardianship and welfare of the children, considering their preferences and the capabilities of each parent – The appellant argued that the children have been residing with him for nine years and expressed a desire to continue doing so – The respondent argued that the appellant retained custody against various court orders and alleged ‘parental alienation syndrome’ – The Supreme Court allowed the appeal, setting aside the High Court’s order, and reinstated the Family Court’s decision granting custody to the appellant, subject to the respondent’s visitation rights – The court found no evidence of ‘parental alienation syndrome’ and recognized the support system provided by the Indian Armed Forces for the children’s welfare – The Supreme Court concluded that the appellant should retain custody of the children, with the respondent granted visitation rights as per the Family Court’s order.
I P C

Penal Code, 1860 (IPC) – Sections 376(2)(g) and 506(1) – Tamil Nadu Prevention of Women Harassment Act, 1998 – Section 4 – Gang Rape – The victim’s testimony, along with her mother and aunt’s statements, was consistent with the initial complaint and corroborated by medical evidence – The defense argued that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – Whether the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The inconsistencies in the witnesses’ testimonies were not significant and did not affect the overall credibility of the evidence – The court dismissed the appeal and upheld the conviction of the appellant for gang rape and related charges – The court rejected the defense’s argument that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The court found that the evidence presented was sufficient to convict the appellant for gang rape and related charges – The Supreme Court found that the evidence presented was sufficient to convict the appellant and rejected the defence’s arguments regarding inconsistencies in the witnesses’ testimonies.

May 12, 2024 sclaw
Penal Code, 1860 (IPC) – Sections 376(2)(g) and 506(1) – Tamil Nadu Prevention of Women Harassment Act, 1998 – Section 4 – Gang Rape – The victim’s testimony, along with her mother and aunt’s statements, was consistent with the initial complaint and corroborated by medical evidence – The defense argued that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – Whether the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The inconsistencies in the witnesses’ testimonies were not significant and did not affect the overall credibility of the evidence – The court dismissed the appeal and upheld the conviction of the appellant for gang rape and related charges – The court rejected the defense’s argument that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The court found that the evidence presented was sufficient to convict the appellant for gang rape and related charges – The Supreme Court found that the evidence presented was sufficient to convict the appellant and rejected the defence’s arguments regarding inconsistencies in the witnesses’ testimonies.
I P C
Penal Code, 1860 (IPC) – Sections 376(2)(g) and 506(1) – Tamil Nadu Prevention of Women Harassment Act, 1998 – Section 4 – Gang Rape – The victim’s testimony, along with her mother and aunt’s statements, was consistent with the initial complaint and corroborated by medical evidence – The defense argued that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – Whether the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The inconsistencies in the witnesses’ testimonies were not significant and did not affect the overall credibility of the evidence – The court dismissed the appeal and upheld the conviction of the appellant for gang rape and related charges – The court rejected the defense’s argument that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The court found that the evidence presented was sufficient to convict the appellant for gang rape and related charges – The Supreme Court found that the evidence presented was sufficient to convict the appellant and rejected the defence’s arguments regarding inconsistencies in the witnesses’ testimonies.
Dismissal of Civil Suit – Condonation of delay – Standing to file an application – The court clarified that only parties to a suit or those who have accrued a right in the lis can file an application for condonation of delay in filing an application for restoration of the suit. A stranger to the proceedings cannot file such an application.
Limitation
Dismissal of Civil Suit – Condonation of delay – Standing to file an application – The court clarified that only parties to a suit or those who have accrued a right in the lis can file an application for condonation of delay in filing an application for restoration of the suit. A stranger to the proceedings cannot file such an application.
Limitation Act, 1963 – Haryana Public Moneys (Recovery of Dues) Act, 1979 – Section 3(1)(b) – State Financial Corporation Act, 1951 – Section 29 – The appeals arise from a High Court judgment regarding the recovery of time-barred debts under the Act, 1979, and the Act, 1951 – The main issue is whether a debt time-barred under the Limitation Act can be recovered using the aforementioned Acts – The appellants argued that time-barred debts cannot be recovered under the Recovery of Dues Act, citing the precedent set in V.R. Kalliyanikutty – The respondents argued that the Recovery of Dues Act and the State Financial Corporations Act allow for time-barred debt recovery, as they only bar the remedy, not the right – The court examined whether the Recovery of Dues Act creates a new right for creditors and allows for time-barred debt recovery – The court discussed the distinction between a debt and the right of action for its recovery, noting that the statute of limitation bars the latter but not the former – The court concluded that the Recovery of Dues Act and the State Financial Corporations Act provide an alternative mechanism for recovering debts, even if they are time-barred – Matter needs to be placed before the Hon’ble Chief Justice of India to constitute an appropriate three-judge bench.
Limitation
Limitation Act, 1963 – Haryana Public Moneys (Recovery of Dues) Act, 1979 – Section 3(1)(b) – State Financial Corporation Act, 1951 – Section 29 – The appeals arise from a High Court judgment regarding the recovery of time-barred debts under the Act, 1979, and the Act, 1951 – The main issue is whether a debt time-barred under the Limitation Act can be recovered using the aforementioned Acts – The appellants argued that time-barred debts cannot be recovered under the Recovery of Dues Act, citing the precedent set in V.R. Kalliyanikutty – The respondents argued that the Recovery of Dues Act and the State Financial Corporations Act allow for time-barred debt recovery, as they only bar the remedy, not the right – The court examined whether the Recovery of Dues Act creates a new right for creditors and allows for time-barred debt recovery – The court discussed the distinction between a debt and the right of action for its recovery, noting that the statute of limitation bars the latter but not the former – The court concluded that the Recovery of Dues Act and the State Financial Corporations Act provide an alternative mechanism for recovering debts, even if they are time-barred – Matter needs to be placed before the Hon’ble Chief Justice of India to constitute an appropriate three-judge bench.
Consumer Law – Policy Claim – The appellants, family of the deceased, filed a complaint after the LIC repudiated their claim on a policy following the policyholder’s accidental death – The main issue was whether there was a concluded contract between the deceased and LIC at the time of his death, which would obligate LIC to pay the insurance benefits – The appellants argued that LIC had accepted the first premium and issued a receipt, thereby assuming risk and concluding the contract before the policyholder’s death – LIC contended that the policy was not communicated to the deceased and was blocked due to his demise, implying no concluded contract existed – The Supreme Court set aside the NCDRC’s order, restored the District Forum’s order in favor of the appellants, and directed LIC to pay the insurance benefits as per the policy terms – The Court found clear presumption of acceptance of the policy by LIC, as the first premium receipt indicated the corporation was on risk from the receipt date – The Court relied on precedents that establish the principles of insurance contracts and the obligations of good faith expected from insurers – The Supreme Court concluded that LIC had indeed entered into a contract with the policyholder before his death, and thus, was liable to pay the insurance benefits to the appellants.
Consumer
Consumer Law – Policy Claim – The appellants, family of the deceased, filed a complaint after the LIC repudiated their claim on a policy following the policyholder’s accidental death – The main issue was whether there was a concluded contract between the deceased and LIC at the time of his death, which would obligate LIC to pay the insurance benefits – The appellants argued that LIC had accepted the first premium and issued a receipt, thereby assuming risk and concluding the contract before the policyholder’s death – LIC contended that the policy was not communicated to the deceased and was blocked due to his demise, implying no concluded contract existed – The Supreme Court set aside the NCDRC’s order, restored the District Forum’s order in favor of the appellants, and directed LIC to pay the insurance benefits as per the policy terms – The Court found clear presumption of acceptance of the policy by LIC, as the first premium receipt indicated the corporation was on risk from the receipt date – The Court relied on precedents that establish the principles of insurance contracts and the obligations of good faith expected from insurers – The Supreme Court concluded that LIC had indeed entered into a contract with the policyholder before his death, and thus, was liable to pay the insurance benefits to the appellants.
Constitution Corporate

Benefit of Additional licence – Export of processed iron ore – Merely because some others are granted the benefit wrongly, the appellant cannot be permitted to pray for the similar benefits – There cannot be any negative discrimination which may perpetuate the illegality

Nov 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CHOWGULE & COMPANY LIMITED — Appellant Vs. ASSISTANT DIRECTOR GENERAL OF FOREIGN TRADE AND OTHERS — Respondent ( Before : M.R. Shah and Krishna…

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…

Constitution Cr P C

Draft Rules of Criminal Practice, 2021 – Rule 4 – Supply of documents – Right of the accused to receive the list of documents, material, etc. would only apply after the draft rules are adopted – would lead to an anomalous situation where the right of the accused in one state, prejudicially differs from that afforded to an accused, in another.

Nov 13, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH P. PONNUSAMY — Appellant Vs. THE STATE OF TAMIL NADU — Respondent ( Before : Uday Umesh Lalit, CJI., S. Ravindra Bhat and Bela…

Constitution

Article 129 of the Constitution of India – Contemnor acts clearly lower the authority of SCOI – interfered with the due course of judicial proceedings and obstructed the administration of justice which is a clear case of criminal contempt. Held sentence of 6 months simple imprisonment and fine of Rs 12,50,000 each on two counts of civil and criminal contempt. Fine when realisd be paid to wife.

Nov 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH IN RE: PERRY KANSAGRA – CONTEMNOR ( Before : Uday Umesh Lalit, CJI. and Pamidighantam Sri Narasimha, JJ. ) Suo-Motu Contempt Petition (Civil) No.…

Election Laws

Section 116A of the Representation of People Act, 1951 HELD appellant-successful candidate was not born on 30.09.1990 and was not twenty-five years old at the time of filing the nomination as the appellant has been unable to prove the said fact – the date of birth of the appellant as 01.01.1993 which have been proved the election petitioner. The issuance of the fresh passport during the pendency of the Election Petition of no value. Appeal dismissed

Nov 13, 2022 sclaw

FULL BENCH MOHD. ABDULLAH AZAM KHAN — Appellant Vs. NAWAB KAZIM ALI KHAN — Respondent ( Before : Ajay Rastogi, B.V. Nagarathna and B.V. Nagarathna JJ. ) Civil Appeal No(S).…

Education

HELD The management cannot be permitted to retain the amount recovered/collected pursuant to the illegal G.O. dated 06.09.2017. The medical colleges are the beneficiaries of the illegal G.O. dated 06.09.2017 which is rightly set aside by the High Court. The respective medical colleges have used/utilized the amount recovered under G.O. dated 06.09.2017 for a number years and kept with them for a number of year . Appeal dismissed with costs.

Nov 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NARAYANA MEDICAL COLLEGE — Appellant Vs. THE STATE OF ANDHRA PRADESH AND OTHERS — Respondent ( Before : M.R. Shah and Sudhanshu Dhulia, JJ.…

Municipal Laws

The Mumbai Municipal Corporation Act, 1888 – the capital value of the land and building must be based on situation “in presenti”- in projects which are in progress, the value addition to the property would be ongoing feature. However, it would mean that the governing principle must be the actual use and not the intended use in future.

Nov 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERS — Appellant Vs. PROPERTY OWNERS’ ASSOCIATION AND OTHERS — Respondent ( Before : Uday Umesh Lalit, CJI.…

Acquittal

Rape and Murder – Death Penalty – Acquittal – Circumstantial evidence – Lapses in investigation and trial – There was no Test Identification parade conducted by any of the Investigating Officers during the course of their respective investigations – Nor any of the witnesses had identified the accused during their respective depositions – As per the settled legal position, in order to sustain conviction, the circumstances taken cumulatively should form a chain so complete

Nov 13, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH RAHUL — Appellant Vs. STATE OF DELHI MINISTRY OF HOME AFFAIRS AND ANOTHER — Respondent ( Before : Uday Umesh Lalit, CJI., S. Ravindra…

Constitution Corporate

Company Secretaries Regulations, 1982 – Regulations 92(2) and 117(2) – Applicability of Regulation 92(2) – Regulation 92(2) shall be applicable only in a case of absence and not in a case where the post of Chairman and/or office bearer has fallen vacant – There is a distinction between the absence and the post fallen vacant

Nov 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INSTITUTE OF COMPANY SECRETARIES OF INDIA — Appellant Vs. BIMAN DEBNATH AND OTHERTS — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ.…

Constitution Limitation

Army Act, 1950 – Sections 45 and 122 – Martial Proceedings – Period of limitation for trial – For the purpose of Section 122, the two dates will be relevant i.e., the date when the alleged offence comes to the knowledge of the person aggrieved and the date on which the authority competent to initiate action comes to know about the alleged offence

Nov 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH IC-56663X COL ANIL KUMAR GUPTA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Uday Umesh Lalit, CJI., and Bela…

You missed

I P C

Penal Code, 1860 (IPC) – Sections 376(2)(g) and 506(1) – Tamil Nadu Prevention of Women Harassment Act, 1998 – Section 4 – Gang Rape – The victim’s testimony, along with her mother and aunt’s statements, was consistent with the initial complaint and corroborated by medical evidence – The defense argued that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – Whether the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The inconsistencies in the witnesses’ testimonies were not significant and did not affect the overall credibility of the evidence – The court dismissed the appeal and upheld the conviction of the appellant for gang rape and related charges – The court rejected the defense’s argument that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The court found that the evidence presented was sufficient to convict the appellant for gang rape and related charges – The Supreme Court found that the evidence presented was sufficient to convict the appellant and rejected the defence’s arguments regarding inconsistencies in the witnesses’ testimonies.

May 12, 2024 sclaw
Limitation

Dismissal of Civil Suit – Condonation of delay – Standing to file an application – The court clarified that only parties to a suit or those who have accrued a right in the lis can file an application for condonation of delay in filing an application for restoration of the suit. A stranger to the proceedings cannot file such an application.

May 12, 2024 sclaw
Limitation

Limitation Act, 1963 – Haryana Public Moneys (Recovery of Dues) Act, 1979 – Section 3(1)(b) – State Financial Corporation Act, 1951 – Section 29 – The appeals arise from a High Court judgment regarding the recovery of time-barred debts under the Act, 1979, and the Act, 1951 – The main issue is whether a debt time-barred under the Limitation Act can be recovered using the aforementioned Acts – The appellants argued that time-barred debts cannot be recovered under the Recovery of Dues Act, citing the precedent set in V.R. Kalliyanikutty – The respondents argued that the Recovery of Dues Act and the State Financial Corporations Act allow for time-barred debt recovery, as they only bar the remedy, not the right – The court examined whether the Recovery of Dues Act creates a new right for creditors and allows for time-barred debt recovery – The court discussed the distinction between a debt and the right of action for its recovery, noting that the statute of limitation bars the latter but not the former – The court concluded that the Recovery of Dues Act and the State Financial Corporations Act provide an alternative mechanism for recovering debts, even if they are time-barred – Matter needs to be placed before the Hon’ble Chief Justice of India to constitute an appropriate three-judge bench.

May 12, 2024 sclaw
Consumer

Consumer Law – Policy Claim – The appellants, family of the deceased, filed a complaint after the LIC repudiated their claim on a policy following the policyholder’s accidental death – The main issue was whether there was a concluded contract between the deceased and LIC at the time of his death, which would obligate LIC to pay the insurance benefits – The appellants argued that LIC had accepted the first premium and issued a receipt, thereby assuming risk and concluding the contract before the policyholder’s death – LIC contended that the policy was not communicated to the deceased and was blocked due to his demise, implying no concluded contract existed – The Supreme Court set aside the NCDRC’s order, restored the District Forum’s order in favor of the appellants, and directed LIC to pay the insurance benefits as per the policy terms – The Court found clear presumption of acceptance of the policy by LIC, as the first premium receipt indicated the corporation was on risk from the receipt date – The Court relied on precedents that establish the principles of insurance contracts and the obligations of good faith expected from insurers – The Supreme Court concluded that LIC had indeed entered into a contract with the policyholder before his death, and thus, was liable to pay the insurance benefits to the appellants.

May 12, 2024 sclaw