Supreme Court of India Judgements

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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. 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. 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. 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. Penal Code, 1860 (IPC) – Section 302 read with 34 and 120B – Murder – The Court found that the prosecution failed to establish that the discovery of the body was solely based on the appellants’ statements and that the chain of evidence was incomplete – The Court applied the principles for circumstantial evidence, emphasizing that the circumstances must fully establish the guilt and exclude all other hypotheses – The Supreme Court concluded that the prosecution did not prove the case beyond reasonable doubt, leading to the acquittal of the appellants.
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
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.
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.
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.
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.
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.
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.
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.
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.
Bail Declined

Bail – HELD order refusing or granting bail does not furnish the reasons that inform the decision, there is a presumption of the non-application of mind which may require the intervention of SCOI – the interests of the criminal justice system in ensuring that those who commit crimes are not afforded the opportunity to obstruct justice. Judges are duty-bound to explain the basis on which they have arrived at a conclusion.

Oct 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH AMINUDDIN — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and Bela M. Trivedi, JJ. ) Criminal…

Accident

HELD income of the Deceased is computed by adding the amount awarded under the two parts ( Rs 10,93,000/- + Rs 2,50,000/-), which comes to Rs 13,43,000/-. In terms of Pranay Sethi (2017) 16 SCC 680, forty per cent of the income has to be added towards future prospects, which would come to Rs 18,80,200/-. After deducting one-fourth towards personal expenses as per Sarla Verma  , the net amount comes to Rs 14,10,150/- per annum. Applying the multiplier of 16, the total loss of dependency on account of the Deceased’s income is calculated at Rs 2,25,62,400/-. We further grant compensation under the remaining conventional heads as per the decisions in Pranay Sethi Satinder Kaur (2021) 11 SCC 780

Oct 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH K. RAMYA AND OTHERS — Appellant Vs. NATIONAL INSURANCE CO. LTD. AND ANOTHER — Respondent ( Before : Surya Kant and V. Ramasubramanian, JJ.…

Land Acquisition

Land Acquisition – When the matter relates to the payment of amount of compensation to the land losers, if at all two views are possible, the view that advances the cause of justice is always to be preferred rather than the other view, which may draw its strength only from technicalities.

Oct 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH KAZI MOINUDDIN KAZI BASHIRODDIN AND OTHERS — Appellant Vs. THE MAHARASHTRA TOURISM DEVELOPMENT CORPORATION, THROUGH ITS SENIOR REGIONAL MANAGER REGIONAL OFFICE, MTDC, AURANGABAD, MAHARASHTRA…

Housing

HELD flat owners subsequently forming a cooperative society land allotted to builder who made construction HELD since the land was not allotted to a society but to a builder on lease, who has constructed flats for private individuals, who have subsequently formed a Cooperative Society, the 1983 Resolution and 1999 Resolution would not be applicable to the members of such a society.

Oct 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH THE STATE OF MAHARASHTRA AND OTHERS — Appellant Vs. MR. ASPI CHINOY AND ANOTHER — Respondent ( Before : B.R. Gavai and B.V. Nagarathna,…

Constitution

HELD specifically rejected the contention that writ under Article 32 was barred or not maintainable with reference to an issue which was the subject matter of an earlier decision. – that the right to privacy is a fundamental right. No doubt that the right to information is also a fundamental right. In case of such a conflict, the Court is required to achieve a sense of balance – petitioners relegated to file writ under Art 32 to protect fundamental rights of its customers.

Oct 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH HDFC BANK LTD. AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : B.R. Gavai and C.T. Ravikumar, JJ.…

Bail Declined

High Court has not considered the seriousness and gravity of the offence alleged against the respondent – High Court has also not noticed and/or considered that a non-bailable warrant was issued against accused and thereafter, he was arrested in the year 2021 – Order releasing respondent is hereby quashed and set aside – Appeal allowed.

Oct 5, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH BOHATTI DEVI — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. )…

Arbitration C P C

A and C Act, 1996 – Section 9 – (CPC) – Order 38 Rule 5 – – conduct on the part of the opposite/opponent party which may tantamount to any attempt on the part of the opponent/opposite party to defeat the award that may be passed in the arbitral proceedings, the Commercial Court may pass an appropriate order including the restrain order and/or any other appropriate order to secure the interest of the parties.

Oct 5, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SANGHI INDUSTRIES LIMITED — Appellant Vs. RAVIN CABLES LTD., AND ANOTHER — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Civil…

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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