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.
I P C

Insulting or Abusing SC-ST Person – Quantum of sentence – Appellant and his family members were insisting that the de facto complainant should vacate the shop in her possession – Reason for the incident appears to be the dispute over the said shop -Considering these facts and the fact that the appellant has already undergone a sentence for more than 9 months, this is a fit case where the substantive sentence should be reduced to rigorous imprisonment for 1 year – Appeal allowed.

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VETRIVEL — Appellant Vs. STATE REPRESENTED BY ITS DEPUTY SUPERINTENDENT OF POLICE AND ANOTHER — Respondent ( Before : Ajay Rastogi and Abhay S.…

Service Matters
Service

Held, When it is found that there was no fault on the part of the respondent No.4 when he was appointed in the year 2018 and thereafter, he has been continued in service since last three years, to disturb him at this stage, would not be justifiable – In exercise of the powers under Article 142 of the Constitution of India, to do the substantial justice, direct that while appointing the appellant as per the present order on the post of Assistant Professor (History), the respondent No.4 may not be disturbed and direct the State Government to continue the respondent No.4 and he be accommodated on any other vacant post of Assistant Professor (History).

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NARENDER SINGH — Appellant Vs. THE STATE OF HARYANA AND OTHERS — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Civil…

Bail Declined

If bail is granted in a casual manner, the prosecution or the informant has a right to assail the order before a higher forum. Propensity of accused tampering with the evidence and influencing the witnesses is an important factor to be borne in mind in such cases – High Court was not right in allowing the applications for bail filed by the accused – Appeal allowed.

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAIBUNISHA — Appellant Vs. MEHARBAN AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal No. 76 of…

Cr P C

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(x) and 3(1)(xi) – Appeal against acquittal – Being the first appellate court, the High Court was required to re­appreciate the entire evidence on record and also the reasoning given by the learned Trial Court – It is well­ settled that the court of appeal has as wide powers of appreciation of evidence in an appeal against an order of acquittal. Remanded

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GEETA DEVI — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal…

C P C

High Court proceeded further with the hearing of the appeal as if the High Court was considering the appeal against the order passed on an application under Order IX Rule 13 CPC, whereas the appeal was against the order and decree passed by the Trial Court, which was affirmed by the First Appellate Court as barred by limitation. Appeal allowed

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAMTAZ AND OTHERS — Appellant Vs. GULSUMA ALIAS KULUSUMA — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Civil Appeal No.…

Acquittal

Finding recorded by the Trial Court against appellant that he also dragged the dead body and thrown into the courtyard of the deceased is not supported by any evidence – Trial Court as well as the High Court have committed a grave error in convicting appellant for the offences punishable under Section 302 read with Section 34 of the IPC – Appeal allowed

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MUKESH — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal No.…

Bail Declined

For the monetary benefits accused-husband hatched a criminal conspiracy with other co-accused to kill his wife and tried to make out an accidental case – – looking to the seriousness of the offence and looking to the nature and gravity of the offence committed by accused-husband, the High Court ought not to have released accused-husband on bail – Appeal allowed.

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ISHWARJI NAGAJI MALI — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Criminal…

Cr P C

Awarding death sentence is an exception, and life imprisonment is the rule. In deciding whether a case falls within the category of the rarest of rare, the brutality, and/or the gruesome and/or heinous nature of the crime is not the sole criterion – It is not just the crime which the Court is to take into consideration, but also the criminal, the state of his mind, his socio-economic background, etc.

Jan 20, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH BHAGWANI — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ. )…

Environment

Sand is also required for construction of public infrastructural projects as well as public and private construction activities – It was necessary to permit the mining activities so as to prevent illegal mining and also to prevent loss to the public exchequer and permitted the Corporation to carry out the mining activities, and further to employ the services of the contractor

Jan 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF BIHAR AND OTHERS — Appellant Vs. PAWAN KUMAR AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai,…

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