Supreme Court of India Judgements

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“Supreme Court Clarifies State’s Power to Levy Stamp Duty on Insurance Policies” Stamp Act, 1899 – Rajasthan Stamp Law (Adaptation) Act, 1952 – Power to levy and collect stamp duty – The primary issues are the legislative competence of the State to levy stamp duty on insurance policies and the applicability of the Rajasthan Stamp Law (Adaptation) Act, 1952 or the 1998 Act – LIC contends that the state lacks legislative competence to impose stamp duty on insurance policies and challenges the demand for stamp duty payment for policies issued using stamps purchased from Maharashtra – The State of Rajasthan argues that it has the power to collect stamp duty on insurance policies under Entry 44 of List III, as per the rate prescribed by the Parliament under Entry 91 of List I – The Supreme Court dismissed the appeals, upheld the High Court’s judgment, and affirmed the state’s power to levy stamp duty. However, it directed that the state shall not demand and collect the stamp duty as per the orders dated between 1993-94 and 2001-02 – The Court reasoned that the state has the legislative competence to impose and collect stamp duty on insurance policies, and the 1952 Act applies to the case – The Court analyzed the constitutional provisions and previous judgments to conclude that the state can impose stamp duty using rates prescribed by the Parliament – The Supreme Court concluded that while the state’s power to levy stamp duty is upheld, the specific demands for stamp duty payment in this case were set aside due to the circumstances presented. “Supreme Court Overturns Lower Courts, Orders Trial for Alleged Marriage Fraud and Conspiracy (IPC Sections 420 & 120-B)” Penal Code, 1860 (IPC) – Sections 420 read with Section 120-B – The appellant challenged lower courts’ orders regarding the summoning of respondents for alleged dishonest inducement in a marriage – The appellant claimed he was deceived into marrying a married respondent and that all respondents conspired to induce him into marriage and leave him with a significant sum of money – The respondents argued that there was no concealment or cheating, as all facts were disclosed to the appellant from the beginning – The Supreme Court allowed the appeal, set aside the orders of the High Court and Sessions Court, and restored the Magistrate’s order for the respondents to face trial – The court found that a prima facie case was made out for issuing process against the respondents, and the lower courts’ approach was not legally sustainable – The court concluded that the respondents should face trial for the alleged offences, and the case will be decided on its merits based on the evidence presented by the parties. Specific Relief Act, 1963 – Section 6 – Suit by person dispossessed of immovable property – The appellants, owner of the property, allegedly evicted the respondent illegally and by force – The main issue was the maintainability of the suit under Section 6 of the Specific Relief Act, 1963, and the illegal dispossession – The appellants contended voluntary handover of possession and challenged the maintainability of the suit – The respondent filed a suit within six months of dispossession under Section 6 of the Act – The Trial Court decreed in favor of the respondent, and the High Court dismissed the appellant’s revision – The High Court concurred with the Trial Court on the illegal dispossession and maintainability of the suit – The appeal was dismissed based on concurrent findings and evidence on record – The Supreme Court found no merit in the appeal and upheld the decisions of the lower courts. “Conspiracy Theory Revived: Supreme Court Orders Trial in Forged Documents Case Involving Government Land” Penal Code, 1860 (IPC) – Sections 420, 467, 468, 471, 477(A), 120(B) and 34 – The case involves allegations of a conspiracy to illegally transfer government land using forged documents – The respondents, along with others, are accused of manipulating judicial processes and revenue records to acquire government lands – The primary issue is whether the High Court was correct in quashing the order taking cognizance against the respondents, given the evidence of a conspiracy and manipulation of documents – The State argues that the High Court overlooked circumstantial evidence of a broader conspiracy and failed to appreciate the severity of the offences, which could undermine public trust in land administration – The respondents challenged the order of cognizance, arguing insufficient evidence directly implicating them in the conspiracy – The Supreme Court allowed the appeal, set aside the High Court’s order, and directed the trial to proceed against the respondents – The Court found that the High Court’s decision was based on an incomplete assessment of facts and that a detailed trial is necessary to fully unravel the extent of the alleged conspiracy – The Court emphasized the need for a thorough examination of evidence and witnesses by the Trial Court to determine the actual harm caused to the public exchequer – The Supreme Court concluded that the case should not be dismissed at the preliminary stage and must be examined judiciously in a trial setting to ensure the integrity of ongoing investigations and judicial processes. “Central Excise Dispute: Fresh Start Ordered! Court Remands Case for Tribunal to Reassess Impact of Missing Letter on Show Cause Notices” Central Excise Act, 1944 – Section 35C (2) – Orders of Appellate Tribunal – The appellant, M/S Madura Coats is involved in a legal dispute with the Commissioner of Central Excise regarding the clearance of goods without payment of duty – The case involves multiple orders and appeals, with the primary contention being the non-furnishing of a crucial letter dated 20.01.2001 – The main issue is whether the non-furnishing of the letter dated 20.01.2001 has caused prejudice to the appellant’s ability to respond to the show cause notices effectively – The appellant contends that the final order by the tribunal, which directed the respondent to furnish the letter dated 20.01.2001, is binding and its non-compliance should result in the appeals being allowed – The respondent argues that the letter dated 20.01.2001 is the appellant’s own document and its absence does not prejudice the appellant’s case – They also assert that the appellant has been delaying the adjudication process – The court affirmed the High Court’s decision to remand the matter back to the tribunal for fresh adjudication of the show cause notices, subject to the appellant demonstrating how the non-furnishing of the letter has caused prejudice – The court reasoned that the letter dated 20.01.2001 was not relied upon adversely against the appellant and that the appellant should have retained a copy of their own document – The court found that the non-furnishing of the letter did not violate principles of natural justice as it was not used to draw adverse inferences against the appellant – The appeals were disposed of with no order as to costs, and the matter was remanded back to the tribunal for fresh adjudication, with the appellant’s contentions kept open
Stamp Act State Laws

“Supreme Court Clarifies State’s Power to Levy Stamp Duty on Insurance Policies” Stamp Act, 1899 – Rajasthan Stamp Law (Adaptation) Act, 1952 – Power to levy and collect stamp duty – The primary issues are the legislative competence of the State to levy stamp duty on insurance policies and the applicability of the Rajasthan Stamp Law (Adaptation) Act, 1952 or the 1998 Act – LIC contends that the state lacks legislative competence to impose stamp duty on insurance policies and challenges the demand for stamp duty payment for policies issued using stamps purchased from Maharashtra – The State of Rajasthan argues that it has the power to collect stamp duty on insurance policies under Entry 44 of List III, as per the rate prescribed by the Parliament under Entry 91 of List I – The Supreme Court dismissed the appeals, upheld the High Court’s judgment, and affirmed the state’s power to levy stamp duty. However, it directed that the state shall not demand and collect the stamp duty as per the orders dated between 1993-94 and 2001-02 – The Court reasoned that the state has the legislative competence to impose and collect stamp duty on insurance policies, and the 1952 Act applies to the case – The Court analyzed the constitutional provisions and previous judgments to conclude that the state can impose stamp duty using rates prescribed by the Parliament – The Supreme Court concluded that while the state’s power to levy stamp duty is upheld, the specific demands for stamp duty payment in this case were set aside due to the circumstances presented.

May 5, 2024 sclaw
I P C

“Supreme Court Overturns Lower Courts, Orders Trial for Alleged Marriage Fraud and Conspiracy (IPC Sections 420 & 120-B)” Penal Code, 1860 (IPC) – Sections 420 read with Section 120-B – The appellant challenged lower courts’ orders regarding the summoning of respondents for alleged dishonest inducement in a marriage – The appellant claimed he was deceived into marrying a married respondent and that all respondents conspired to induce him into marriage and leave him with a significant sum of money – The respondents argued that there was no concealment or cheating, as all facts were disclosed to the appellant from the beginning – The Supreme Court allowed the appeal, set aside the orders of the High Court and Sessions Court, and restored the Magistrate’s order for the respondents to face trial – The court found that a prima facie case was made out for issuing process against the respondents, and the lower courts’ approach was not legally sustainable – The court concluded that the respondents should face trial for the alleged offences, and the case will be decided on its merits based on the evidence presented by the parties.

May 5, 2024 sclaw
“Supreme Court Clarifies State’s Power to Levy Stamp Duty on Insurance Policies” Stamp Act, 1899 – Rajasthan Stamp Law (Adaptation) Act, 1952 – Power to levy and collect stamp duty – The primary issues are the legislative competence of the State to levy stamp duty on insurance policies and the applicability of the Rajasthan Stamp Law (Adaptation) Act, 1952 or the 1998 Act – LIC contends that the state lacks legislative competence to impose stamp duty on insurance policies and challenges the demand for stamp duty payment for policies issued using stamps purchased from Maharashtra – The State of Rajasthan argues that it has the power to collect stamp duty on insurance policies under Entry 44 of List III, as per the rate prescribed by the Parliament under Entry 91 of List I – The Supreme Court dismissed the appeals, upheld the High Court’s judgment, and affirmed the state’s power to levy stamp duty. However, it directed that the state shall not demand and collect the stamp duty as per the orders dated between 1993-94 and 2001-02 – The Court reasoned that the state has the legislative competence to impose and collect stamp duty on insurance policies, and the 1952 Act applies to the case – The Court analyzed the constitutional provisions and previous judgments to conclude that the state can impose stamp duty using rates prescribed by the Parliament – The Supreme Court concluded that while the state’s power to levy stamp duty is upheld, the specific demands for stamp duty payment in this case were set aside due to the circumstances presented.
Stamp Act State Laws
“Supreme Court Clarifies State’s Power to Levy Stamp Duty on Insurance Policies” Stamp Act, 1899 – Rajasthan Stamp Law (Adaptation) Act, 1952 – Power to levy and collect stamp duty – The primary issues are the legislative competence of the State to levy stamp duty on insurance policies and the applicability of the Rajasthan Stamp Law (Adaptation) Act, 1952 or the 1998 Act – LIC contends that the state lacks legislative competence to impose stamp duty on insurance policies and challenges the demand for stamp duty payment for policies issued using stamps purchased from Maharashtra – The State of Rajasthan argues that it has the power to collect stamp duty on insurance policies under Entry 44 of List III, as per the rate prescribed by the Parliament under Entry 91 of List I – The Supreme Court dismissed the appeals, upheld the High Court’s judgment, and affirmed the state’s power to levy stamp duty. However, it directed that the state shall not demand and collect the stamp duty as per the orders dated between 1993-94 and 2001-02 – The Court reasoned that the state has the legislative competence to impose and collect stamp duty on insurance policies, and the 1952 Act applies to the case – The Court analyzed the constitutional provisions and previous judgments to conclude that the state can impose stamp duty using rates prescribed by the Parliament – The Supreme Court concluded that while the state’s power to levy stamp duty is upheld, the specific demands for stamp duty payment in this case were set aside due to the circumstances presented.
“Supreme Court Overturns Lower Courts, Orders Trial for Alleged Marriage Fraud and Conspiracy (IPC Sections 420 & 120-B)” Penal Code, 1860 (IPC) – Sections 420 read with Section 120-B – The appellant challenged lower courts’ orders regarding the summoning of respondents for alleged dishonest inducement in a marriage – The appellant claimed he was deceived into marrying a married respondent and that all respondents conspired to induce him into marriage and leave him with a significant sum of money – The respondents argued that there was no concealment or cheating, as all facts were disclosed to the appellant from the beginning – The Supreme Court allowed the appeal, set aside the orders of the High Court and Sessions Court, and restored the Magistrate’s order for the respondents to face trial – The court found that a prima facie case was made out for issuing process against the respondents, and the lower courts’ approach was not legally sustainable – The court concluded that the respondents should face trial for the alleged offences, and the case will be decided on its merits based on the evidence presented by the parties.
I P C
“Supreme Court Overturns Lower Courts, Orders Trial for Alleged Marriage Fraud and Conspiracy (IPC Sections 420 & 120-B)” Penal Code, 1860 (IPC) – Sections 420 read with Section 120-B – The appellant challenged lower courts’ orders regarding the summoning of respondents for alleged dishonest inducement in a marriage – The appellant claimed he was deceived into marrying a married respondent and that all respondents conspired to induce him into marriage and leave him with a significant sum of money – The respondents argued that there was no concealment or cheating, as all facts were disclosed to the appellant from the beginning – The Supreme Court allowed the appeal, set aside the orders of the High Court and Sessions Court, and restored the Magistrate’s order for the respondents to face trial – The court found that a prima facie case was made out for issuing process against the respondents, and the lower courts’ approach was not legally sustainable – The court concluded that the respondents should face trial for the alleged offences, and the case will be decided on its merits based on the evidence presented by the parties.
Specific Relief Act, 1963 – Section 6 – Suit by person dispossessed of immovable property – The appellants, owner of the property, allegedly evicted the respondent illegally and by force – The main issue was the maintainability of the suit under Section 6 of the Specific Relief Act, 1963, and the illegal dispossession – The appellants contended voluntary handover of possession and challenged the maintainability of the suit – The respondent filed a suit within six months of dispossession under Section 6 of the Act – The Trial Court decreed in favor of the respondent, and the High Court dismissed the appellant’s revision – The High Court concurred with the Trial Court on the illegal dispossession and maintainability of the suit – The appeal was dismissed based on concurrent findings and evidence on record – The Supreme Court found no merit in the appeal and upheld the decisions of the lower courts.
Specific Relief Act
Specific Relief Act, 1963 – Section 6 – Suit by person dispossessed of immovable property – The appellants, owner of the property, allegedly evicted the respondent illegally and by force – The main issue was the maintainability of the suit under Section 6 of the Specific Relief Act, 1963, and the illegal dispossession – The appellants contended voluntary handover of possession and challenged the maintainability of the suit – The respondent filed a suit within six months of dispossession under Section 6 of the Act – The Trial Court decreed in favor of the respondent, and the High Court dismissed the appellant’s revision – The High Court concurred with the Trial Court on the illegal dispossession and maintainability of the suit – The appeal was dismissed based on concurrent findings and evidence on record – The Supreme Court found no merit in the appeal and upheld the decisions of the lower courts.
“Conspiracy Theory Revived: Supreme Court Orders Trial in Forged Documents Case Involving Government Land” Penal Code, 1860 (IPC) – Sections 420, 467, 468, 471, 477(A), 120(B) and 34 – The case involves allegations of a conspiracy to illegally transfer government land using forged documents – The respondents, along with others, are accused of manipulating judicial processes and revenue records to acquire government lands – The primary issue is whether the High Court was correct in quashing the order taking cognizance against the respondents, given the evidence of a conspiracy and manipulation of documents – The State argues that the High Court overlooked circumstantial evidence of a broader conspiracy and failed to appreciate the severity of the offences, which could undermine public trust in land administration – The respondents challenged the order of cognizance, arguing insufficient evidence directly implicating them in the conspiracy – The Supreme Court allowed the appeal, set aside the High Court’s order, and directed the trial to proceed against the respondents – The Court found that the High Court’s decision was based on an incomplete assessment of facts and that a detailed trial is necessary to fully unravel the extent of the alleged conspiracy – The Court emphasized the need for a thorough examination of evidence and witnesses by the Trial Court to determine the actual harm caused to the public exchequer – The Supreme Court concluded that the case should not be dismissed at the preliminary stage and must be examined judiciously in a trial setting to ensure the integrity of ongoing investigations and judicial processes.
I P C
“Conspiracy Theory Revived: Supreme Court Orders Trial in Forged Documents Case Involving Government Land” Penal Code, 1860 (IPC) – Sections 420, 467, 468, 471, 477(A), 120(B) and 34 – The case involves allegations of a conspiracy to illegally transfer government land using forged documents – The respondents, along with others, are accused of manipulating judicial processes and revenue records to acquire government lands – The primary issue is whether the High Court was correct in quashing the order taking cognizance against the respondents, given the evidence of a conspiracy and manipulation of documents – The State argues that the High Court overlooked circumstantial evidence of a broader conspiracy and failed to appreciate the severity of the offences, which could undermine public trust in land administration – The respondents challenged the order of cognizance, arguing insufficient evidence directly implicating them in the conspiracy – The Supreme Court allowed the appeal, set aside the High Court’s order, and directed the trial to proceed against the respondents – The Court found that the High Court’s decision was based on an incomplete assessment of facts and that a detailed trial is necessary to fully unravel the extent of the alleged conspiracy – The Court emphasized the need for a thorough examination of evidence and witnesses by the Trial Court to determine the actual harm caused to the public exchequer – The Supreme Court concluded that the case should not be dismissed at the preliminary stage and must be examined judiciously in a trial setting to ensure the integrity of ongoing investigations and judicial processes.
C P C

Civil Procedure Code, 1908 (CPC) – Sections 144 and 151 – Principle of Doctrine of Restitution – the possession was handed over to the appellant ­plaintiff pursuant to the interim order passed by the High Court, pending first appeal which finally came to be dismissed, its logical consequence was to restore back the peaceful possession of the subject property to respondents-defendants. In the given circumstances, the provisions of Section 144 CPC are not attracted as there being no variation or reversal of a decree or order

Nov 5, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BANSIDHAR SHARMA(SINCE DECEASED) REP BY HIS LEGAL REPRESENTATIVE — Appellant Vs. THE STATE OF RAJASTHAN AND OTHERS — Respondent ( Before : Mohan M.…

Housing

This Court hold that such projects cannot be permitted to come up within such a short distance from the wildlife sanctuary. Moreso, in view of the Notification issued with respect to the Sukhna wildlife sanctuary towards the side of Chandigarh Union Territory and also considering the fact that proposal made by the Punjab Government, confining the Buffer Zone to 100 meters, has rightly not been accepted by MoEF

Nov 5, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH TATA HOUSING DEVELOPMENT COMPANY LIMITED — Appellant Vs. AALOK JAGGA AND OTHERS — Respondent ( Before : Arun Mishra, M.R. Shah and B.R. Gavai,…

Service Matters
Service

The release under probation does not entitle an employee to claim a right to continue in service. In fact the employer is under an obligation to discontinue the services of an employee convicted of an offence involving moral turpitude. “Recall of judgment would amount to alteration or review of judgment which is not permissible under Section 362 CrPC. It cannot be validated by the High Court invoking its inherent powers.”

Nov 4, 2019 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH STATE OF MADHYA PRADESH — Appellant Vs. MAN SINGH — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Criminal Appeal…

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Stamp Act State Laws

“Supreme Court Clarifies State’s Power to Levy Stamp Duty on Insurance Policies” Stamp Act, 1899 – Rajasthan Stamp Law (Adaptation) Act, 1952 – Power to levy and collect stamp duty – The primary issues are the legislative competence of the State to levy stamp duty on insurance policies and the applicability of the Rajasthan Stamp Law (Adaptation) Act, 1952 or the 1998 Act – LIC contends that the state lacks legislative competence to impose stamp duty on insurance policies and challenges the demand for stamp duty payment for policies issued using stamps purchased from Maharashtra – The State of Rajasthan argues that it has the power to collect stamp duty on insurance policies under Entry 44 of List III, as per the rate prescribed by the Parliament under Entry 91 of List I – The Supreme Court dismissed the appeals, upheld the High Court’s judgment, and affirmed the state’s power to levy stamp duty. However, it directed that the state shall not demand and collect the stamp duty as per the orders dated between 1993-94 and 2001-02 – The Court reasoned that the state has the legislative competence to impose and collect stamp duty on insurance policies, and the 1952 Act applies to the case – The Court analyzed the constitutional provisions and previous judgments to conclude that the state can impose stamp duty using rates prescribed by the Parliament – The Supreme Court concluded that while the state’s power to levy stamp duty is upheld, the specific demands for stamp duty payment in this case were set aside due to the circumstances presented.

May 5, 2024 sclaw
I P C

“Supreme Court Overturns Lower Courts, Orders Trial for Alleged Marriage Fraud and Conspiracy (IPC Sections 420 & 120-B)” Penal Code, 1860 (IPC) – Sections 420 read with Section 120-B – The appellant challenged lower courts’ orders regarding the summoning of respondents for alleged dishonest inducement in a marriage – The appellant claimed he was deceived into marrying a married respondent and that all respondents conspired to induce him into marriage and leave him with a significant sum of money – The respondents argued that there was no concealment or cheating, as all facts were disclosed to the appellant from the beginning – The Supreme Court allowed the appeal, set aside the orders of the High Court and Sessions Court, and restored the Magistrate’s order for the respondents to face trial – The court found that a prima facie case was made out for issuing process against the respondents, and the lower courts’ approach was not legally sustainable – The court concluded that the respondents should face trial for the alleged offences, and the case will be decided on its merits based on the evidence presented by the parties.

May 5, 2024 sclaw
Specific Relief Act

Specific Relief Act, 1963 – Section 6 – Suit by person dispossessed of immovable property – The appellants, owner of the property, allegedly evicted the respondent illegally and by force – The main issue was the maintainability of the suit under Section 6 of the Specific Relief Act, 1963, and the illegal dispossession – The appellants contended voluntary handover of possession and challenged the maintainability of the suit – The respondent filed a suit within six months of dispossession under Section 6 of the Act – The Trial Court decreed in favor of the respondent, and the High Court dismissed the appellant’s revision – The High Court concurred with the Trial Court on the illegal dispossession and maintainability of the suit – The appeal was dismissed based on concurrent findings and evidence on record – The Supreme Court found no merit in the appeal and upheld the decisions of the lower courts.

May 5, 2024 sclaw
I P C

“Conspiracy Theory Revived: Supreme Court Orders Trial in Forged Documents Case Involving Government Land” Penal Code, 1860 (IPC) – Sections 420, 467, 468, 471, 477(A), 120(B) and 34 – The case involves allegations of a conspiracy to illegally transfer government land using forged documents – The respondents, along with others, are accused of manipulating judicial processes and revenue records to acquire government lands – The primary issue is whether the High Court was correct in quashing the order taking cognizance against the respondents, given the evidence of a conspiracy and manipulation of documents – The State argues that the High Court overlooked circumstantial evidence of a broader conspiracy and failed to appreciate the severity of the offences, which could undermine public trust in land administration – The respondents challenged the order of cognizance, arguing insufficient evidence directly implicating them in the conspiracy – The Supreme Court allowed the appeal, set aside the High Court’s order, and directed the trial to proceed against the respondents – The Court found that the High Court’s decision was based on an incomplete assessment of facts and that a detailed trial is necessary to fully unravel the extent of the alleged conspiracy – The Court emphasized the need for a thorough examination of evidence and witnesses by the Trial Court to determine the actual harm caused to the public exchequer – The Supreme Court concluded that the case should not be dismissed at the preliminary stage and must be examined judiciously in a trial setting to ensure the integrity of ongoing investigations and judicial processes.

May 5, 2024 sclaw