“Sudden Fight, Not Murderous Intent: Supreme Court Reclassifies Conviction, Reduces Sentenc” Penal Code, 1860 – Sections 302 and 304 – The appeal challenges the High Court’s decision to uphold the appellant’s conviction for murder, arguing that the conviction under Section 302 can be converted to Part I or Part II of Section 304 of the IPC, which pertains to culpable homicide not amounting to murder – The appellant argued that the incident occurred in a sudden fight without premeditation and there was no intention to cause death, suggesting the offense falls under Section 304 – The respondent-State maintained that the concurrent findings of the courts below were correct and warranted no interference – The Supreme Court altered the conviction from Section 302 to Part I of Section 304, sentencing the appellant to rigorous imprisonment for eight years and a fine – The Court found that the incident occurred in a sudden fight, in the heat of passion, without undue advantage or cruelty by the appellant – The appeal was partly allowed, modifying the conviction to Part I of Section 304 with a reduced sentence and fine, considering the time already served by the appellant.
2024 INSC 338 SUPREME COURT OF INDIA DIVISION BENCH MOHD. AHSAN — Appellant Vs. STATE OF HARYANA — Respondent ( Before : B.R. Gavai, Aravind Kumar and Sandeep Mehta, JJ.…
Bombay Public Trusts Act, 1950 – The case involves the acceptance of Change Reports for the Vahiwatdar (Administrator) and Trustees of Shri Mallikarjun Devasthan, a Public Trust – The High Court invalidated the acceptance and remanded the matters for reconsideration – The main issue was the delay in filing the Change Report for the new Vahiwatdar of the Trust, which was submitted 17 years after the previous Vahiwatdar’s death – The Supreme Court set aside the High Court’s judgment, confirming the acceptance of Change Report Nos. 899 of 2015 and 1177 of 2017, allowing the civil appeals – The Court found that the delay in filing the Change Report was a curable defect and did not impact the legitimacy of the new Vahiwatdar’s assumption of office – The Court emphasized a liberal approach to condonation of delay, citing precedents.
2024 INSC 339 SUPREME COURT OF INDIA DIVISION BENCH SHRI MALLIKARJUN DEVASTHAN, SHELGI — Appellant Vs. SUBHASH MALLIKARJUN BIRAJDAR AND OTHERS — Respondent ( Before : A.S. Bopanna and Sanjay…
Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 – Sections 7, 8 and 9 – Procedure for resignation by employees of private schools – The appellant challenged his termination from, which was set aside by the Tribunal but reinstated by the High Court – The main issues were whether the appellant’s resignation was lawfully withdrawn and if the documents related to his resignation were fabricated – The appellant argued that his resignation withdrawal was not considered and that the school committee’s resolutions were fabricated – The respondents contended that the resignation was accepted by the management committee and the school committee, and the appellant was informed accordingly – The Supreme Court upheld the High Court’s decision, dismissing the appeal and affirming that the appellant’s resignation was voluntary and lawfully accepted – The Court found no evidence of fabricated documents and determined that the management committee’s acceptance of the resignation was valid – The Court referenced the MEPS Act and Rules, concluding that non-communication of resignation acceptance does not invalidate the termination – The Supreme Court concluded that the appellant’s resignation was accepted before his attempted withdrawal, and thus the termination was lawful.
2024 INSC 337 SUPREME COURT OF INDIA DIVISION BENCH SHRIRAM MANOHAR BANDE — Appellant Vs. UKTRANTI MANDAL AND OTHERS — Respondent ( Before : Pamidighantam Sri Narasimha and Aravind Kumar,…
Insolvency and Bankruptcy Code, 2016 – Section 5(7) – “financial creditor” – The appeals challenge judgments related to the status of certain creditors of M/s. Mount Shivalik Industries Limited under the Insolvency and Bankruptcy Code, 2016 (IBC) – The primary issue is whether the respondents are financial creditors or operational creditors within the meaning of the IBC – The appellants argue that the respondents are operational creditors, as the agreements indicate services rendered to promote the corporate debtor’s products – The respondents contend that the agreements were a means to raise finance, making them financial creditors due to the interest-bearing security deposits – The Court upheld the NCLAT’s decision, recognizing the respondents as financial creditors based on the commercial effect of the transactions – The Court examined the true nature of the transactions and found that the arrangements had the commercial effect of borrowing, satisfying the criteria for financial debt under the IBC – The Court applied the definition of financial debt and operational debt from the IBC, emphasizing the disbursal against the consideration for the time value of money – The appeals were dismissed, confirming the respondents’ status as financial creditors and allowing the resolution process to continue accordingly – The Court’s detailed analysis affirmed the NCLAT’s interpretation of the IBC provisions.
2024 INSC 340 SUPREME COURT OF INDIA DIVISION BENCH GLOBAL CREDIT CAPITAL LIMITED AND ANOTHER — Appellant Vs. SACH MARKETING PVT. LTD. AND ANOTHER — Respondent ( Before : Abhay…
”Eggshell Skull Rule Applied: Supreme Court Holds Hospital Liable for Post-Surgery Complications” Consumer Law – Medical Negligence – Appellant-Jyoti Devi underwent an appendectomy at Suket Hospital, but suffered continuous pain post-surgery – A needle was later found in her abdomen, leading to another surgery for its removal – The case revolves around medical negligence, deficient post-operative care by the hospital, and the determination of just compensation for the claimant-appellant – The claimant-appellant sought enhancement of compensation for the pain, suffering, and financial expenses incurred due to medical negligence – The respondents argued against the presence of the needle being related to the initial surgery and contested the amount of compensation – The Supreme Court restored the District Forum’s award of Rs.5 lakhs compensation, with 9% interest, and Rs.50,000 for litigation costs – The Court applied the ‘eggshell skull’ rule, holding the hospital liable for all consequences of their negligent act, regardless of the claimant’s pre-existing conditions – The Court emphasized the benevolent nature of the Consumer Protection Act and the need for just compensation that is adequate, fair, and equitable – The Supreme Court allowed the appeal, setting aside the lower commissions’ awards and reinstating the District Forum’s decision for just compensation.
2024 INSC 330 SUPREME COURT OF INDIA DIVISION BENCH JYOTI DEVI — Appellant Vs. SUKET HOSPITAL — Respondent ( Before : Sanjay Karol and Aravind Kumar, JJ. ) Civil Appeal…
Prevention of Corruption Act, 1988 – Section 7(a) – Taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence – The appeal challenges the High Court of Karnataka’s decision to quash an FIR against respondent for alleged bribery, based on a complaint by the appellant – The main issue is whether the High Court was correct in quashing the FIR, which was based on allegations of bribery and corruption against the respondent – The Supreme Court found the High Court’s decision legally unsustainable, noting that it failed to consider direct evidence, such as a pendrive, indicating the respondent’s complicity – The Supreme Court allowed the appeal, quashed the High Court’s judgment, and restored the FIR for further legal proceedings.
2024 INSC 331 SUPREME COURT OF INDIA DIVISION BENCH SANJU RAJAN NAYAR — Appellant Vs. JAYARAJ AND ANOTHER — Respondent ( Before : Sanjay Karol and Prasanna Bhalachandra Varale, JJ.…
Consumer Protection Act, 1986 – Section Section 2(1)(g) – Deficiency of Service and unfair trade practice – The case involves a consumer dispute regarding a promotional trailer for a film produced by Yash Raj Films Private Limited – The complainant, a teacher, felt deceived when the song from the trailer was not in the movie and sought damages for mental agony – The court considered whether a promotional trailer creates a contractual obligation or amounts to an unfair trade practice if its content is not in the movie – The Supreme Court held that promotional trailers are unilateral and do not qualify as offers eliciting acceptance, thus not forming agreements enforceable by law – It also ruled that the facts do not indicate an unfair trade practice under the Consumer Protection Act, 1986 – The court reasoned that a promotional trailer is not an offer but an invitation to treat, meant to encourage viewers to watch the movie. It does not create a contractual relationship or promise regarding the movie’s content – The appeal was allowed, setting aside the findings of deficiency of service and unfair trade practice by the lower courts. The court emphasized the creative freedom in services involving art and the need for a different standard in judging representations followed by such services.
2024 INSC 328 SUPREME COURT OF INDIA DIVISION BENCH YASH RAJ FILMS PRIVATE LIMITED — Appellant Vs. AFREEN FATIMA ZAIDI AND ANOTHER — Respondent ( Before : Pamidighantam Sri Narasimha…