Supreme Court of India Judgements

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Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) — Insolvency and Bankruptcy Code, 2016 (IBC) – Repeal of SICA and Abatement of Proceedings – Companies whose proceedings were pending before BIFR/AAIFR could approach NCLT within 180 days of IBC enactment – Failure to do so results in abatement and revival of earlier orders, like winding up recommendation. Prevention of Corruption Act, 1988 — Sections 7 and 13(1)(d) read with 13(2) — Demand and Acceptance of Bribe — Ingredients for establishing guilt of public servant under Section 7 and 13(1)(d) include proof of demand and acceptance of illegal gratification, which are sine qua non — While acceptance of bribe was admitted, the proof of demand was the crucial aspect in this case. Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits.Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits. Air Force Act, 1950 — Section 19 — Air Force Rules, 1969 — Rule 16 — Administrative action after discharge from criminal court — Initiation of administrative action for disciplinary purposes is not permissible if the matter has already been decided by a criminal court by way of discharge, as discharge signifies no sufficient grounds for proceeding, placing the individual on a better footing than acquittal and thus ending the matter. Prevention of Corruption Act, 1988, Section 13(1)(d) — Disproportionate Assets — Chargesheet splitting — Allegations of acquiring disproportionate assets and tribal lands misuse — Two separate chargesheets filed from the same FIR, R.C — Case No 04(A)/2010-AHD-R(B) and R.C — Case No 04(A)/2010-AHD-R(C) — Overlapping allegations in both cases — Plea of double jeopardy raised — Supreme Court noted overlapping allegations and previous conviction with suspended sentence, inclined to grant bail in the present case as well.
Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) — Insolvency and Bankruptcy Code, 2016 (IBC) – Repeal of SICA and Abatement of Proceedings – Companies whose proceedings were pending before BIFR/AAIFR could approach NCLT within 180 days of IBC enactment – Failure to do so results in abatement and revival of earlier orders, like winding up recommendation.
Constitution Corporate
Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) — Insolvency and Bankruptcy Code, 2016 (IBC) – Repeal of SICA and Abatement of Proceedings – Companies whose proceedings were pending before BIFR/AAIFR could approach NCLT within 180 days of IBC enactment – Failure to do so results in abatement and revival of earlier orders, like winding up recommendation.
Prevention of Corruption Act, 1988 — Sections 7 and 13(1)(d) read with 13(2) — Demand and Acceptance of Bribe — Ingredients for establishing guilt of public servant under Section 7 and 13(1)(d) include proof of demand and acceptance of illegal gratification, which are sine qua non — While acceptance of bribe was admitted, the proof of demand was the crucial aspect in this case.
Corruption
Prevention of Corruption Act, 1988 — Sections 7 and 13(1)(d) read with 13(2) — Demand and Acceptance of Bribe — Ingredients for establishing guilt of public servant under Section 7 and 13(1)(d) include proof of demand and acceptance of illegal gratification, which are sine qua non — While acceptance of bribe was admitted, the proof of demand was the crucial aspect in this case.
Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits.Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits.
Consumer
Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits.Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits.
Air Force Act, 1950 — Section 19 — Air Force Rules, 1969 — Rule 16 — Administrative action after discharge from criminal court — Initiation of administrative action for disciplinary purposes is not permissible if the matter has already been decided by a criminal court by way of discharge, as discharge signifies no sufficient grounds for proceeding, placing the individual on a better footing than acquittal and thus ending the matter.
Service
Air Force Act, 1950 — Section 19 — Air Force Rules, 1969 — Rule 16 — Administrative action after discharge from criminal court — Initiation of administrative action for disciplinary purposes is not permissible if the matter has already been decided by a criminal court by way of discharge, as discharge signifies no sufficient grounds for proceeding, placing the individual on a better footing than acquittal and thus ending the matter.
Cheque Dishonour

The question before the High Court was whether the remand order of the Appellate Court was legal or not. Second, instead of deciding the aforementioned question, the High Court proceeded to decide the complaint itself on its merits and while allowing the complaint, sentenced the appellant (accused) with simple imprisonment for 2 months along with a direction to pay compensation of Rs. 3 Lakhs to respondent No.1 (complainant). It was not legally permissible.

Mar 31, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUSANTA DEY — Appellant Vs. BABLI MAJUMDAR AND ANOTHER — Respondent ( Before : Abhay Manohar Sapre and Dinesh Maheshwari, JJ. ) Criminal Appeal…

I P C

–The appellants herein have been convicted and sentenced for the offences punishable under Sections 365 and 352 of the Indian Penal Code–HELD –On going through the evidence of PW1 in its entirety, we concur with the opinion rendered by the courts below that her evidence appears to be natural, consistent, probable and reliable. Her evidence remains unimpeached on material particulars. PW1 has given the details of the incident in question and we do not find any major contradiction in her evidence so as to disbelieve her testimony.

Mar 31, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH RAJAGOPAL AND OTHERS — Appellant Vs. THE STATE OF TAMIL NADU — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and Indira Banerjee,…

I P C

Penal Code, 1860 (IPC) – Sections 170, 395 and 412 – Criminal Procedure Code, 1973 (CrPC) – Section 313 – Dacoity –While maintaining the conviction, the impugned judgment and order passed by the High Court by which the accused are sentenced to undergo seven years R.I. is hereby modified and both the accused are sentenced to undergo five years R.I. for the offences for which they are convicted – Appeals partly allowed.

Mar 31, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAHANGIR HUSSAIN AND OTHERS — Appellant Vs. STATE OF WEST BENGAL — Respondent ( Before : L. Nageswara Rao and M.R. Shah, JJ. )…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 11(6) – Appointment of independent arbitrator – Whether the Chief Justice or his Designate in exercise of power under Section 11(6) of the Act should directly make an appointment of an independent arbitrator without, in the first instance, resorting to ensure that the remedies provided under the arbitration agreement are exhausted. HELD The appellants are directed to appoint the arbitrator in terms of clause 64(3) of the agreement

Mar 31, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant Vs. PARMAR CONSTRUCTION COMPANY — Respondent ( Before : A.M. Khanwilkar and Ajay Rastogi, JJ. ) Civil Appeal No.…

Labour Cases

Industrial Disputes Act, 1947 – Section 10 – Claim for Regularization – Industrial reference – High Court was right in observing that the remedy of the appellant and respondent Nos. 4­6 lies in applying to the Central Government to make an industrial reference to the Industrial Tribunal under Section 10 of the ID Act

Mar 31, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUNIL KUMAR BISWAS — Appellant Vs. ORDINANCE FACTORY BOARD AND OTHERS — Respondent ( Before : Abhay Manohar Sapre and Dinesh Maheshwari, JJ. )…

Evidence Act

Evidence Act, 1872 – Section 27 – Abduction and murder – Merely because the actual recovery of the body happened before the accused lead the police to the scene, it does not, in the facts and circumstances of this case, negate the validity of the recovery based on a confession, in terms of Section 27 of the Evidence Act.

Mar 31, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH PATTU RAJAN — Appellant  Vs.  THE STATE OF TAMIL NADU — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and Indira Banerjee, JJ.…

You missed

Constitution Corporate

Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) — Insolvency and Bankruptcy Code, 2016 (IBC) – Repeal of SICA and Abatement of Proceedings – Companies whose proceedings were pending before BIFR/AAIFR could approach NCLT within 180 days of IBC enactment – Failure to do so results in abatement and revival of earlier orders, like winding up recommendation.

Apr 16, 2026 sclaw
Corruption

Prevention of Corruption Act, 1988 — Sections 7 and 13(1)(d) read with 13(2) — Demand and Acceptance of Bribe — Ingredients for establishing guilt of public servant under Section 7 and 13(1)(d) include proof of demand and acceptance of illegal gratification, which are sine qua non — While acceptance of bribe was admitted, the proof of demand was the crucial aspect in this case.

Apr 16, 2026 sclaw
Consumer

Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits.Consumer Protection Act, 1986 — Deficiency in Service — Banking — Cheque Presentation — Bank’s failure to re-present cheques within their validity period after they were returned due to a bank strike constitutes negligence and a deficiency in service, as banks have a duty of due diligence in handling customer deposits.

Apr 16, 2026 sclaw
Service

Air Force Act, 1950 — Section 19 — Air Force Rules, 1969 — Rule 16 — Administrative action after discharge from criminal court — Initiation of administrative action for disciplinary purposes is not permissible if the matter has already been decided by a criminal court by way of discharge, as discharge signifies no sufficient grounds for proceeding, placing the individual on a better footing than acquittal and thus ending the matter.

Apr 16, 2026 sclaw