SUPREME COURT JUDGMENTS UPDATES

Supreme Court Current Judgments Alphabetically

SUPREME COURT OF INDIA JUDGMENTS

  • Ashoksinh Jayendrasinh Vs. State of Gujarat – 07/05/19 - Section 302 IPC read with Section 34 IPC- Life imprisonment converted into acquittal by giving benefit of doubt-Supreme Court would be slow to interfere with the concurrent findings of the courts below. In an appeal under Article 136 of the Constitution of India, concurrent findings of fact cannot be interfered with unless shown to be perverse (vide Mahesh Dattatray Thirthkar v. State of Maharashtra (2009) 11 SCC 141). Where the appreciation of evidence is erroneous, the Supreme Court would certainly appreciate the evidence.
  • Assam Public Works Vs. Union of India & Ors. 13/08/ 2019 - The entire NRC exercise having been performed and the same cannot be now ordered to be reopened by initiation of a fresh exercise on certain other parameters that have been suggested on behalf of the intervenors/applicants on the strength of the provisions of Section 3(1)(a) of the Act.
  • Bajarang Shyamsunder Agarwal Vs. Central Bank of India & ANR-11/09/2019 - Section 13 (13) SARFAESI Act-
  • BHAWNA BAI VS GHANSHYAM AND OTHERS- 03/12/2019 - For framing the charges under Section 228 Crl.P.C., the judge is not required to record detailed reasons. As pointed out earlier, at the stage of framing the charge, the court is not required to hold an elaborate enquiry; only prima facie case is to be seen.
  • Birendra Prasad Sah Vs. State of Bihar & ANR – 08/05/19 - Section 138 of the NI Act, 1881-Issuance of successive notices is permissible under the provisions of Section 138-Condonation of Delay-The CJM condoned the delay on the cause which was shown by the appellant and it is evident that the appellant had indicated sufficient cause for seeking condonation of the delay in the institution of the complaint. 
  • BSES Yamuna Power Ltd. Vs Sh. Ghanshyam Chand Sharma & Anr-05/12/2019 - Pension Denied: Even if the first respondent had served twenty years, under Rule 26 of the CCS Pension Rules his past service stands forfeited upon resignation. The first respondent is therefore not entitled to pensionary benefits.
  • Central Bureau of Investigation & ANR. Vs. Mohd. Parvez Abdul Kayuum Etc-05/07/19 - PUBLIC INTEREST LITIGATION-the provisions of Article 32 do not specifically indicate who can move the court. In the absence of such a provision in that respect, it is plain that the petitioner may be anyone in whom the law has conferred power to maintain an action of such nature. It is open to anybody who is interested in the petition under Article 32 of the Constitution for relief.
  • Central Bureau of Investigation etc. Vs. Mrs. Pramila Virendra Kumar Agarwal & ANR. etc 25/09/2019 - PREVENTION OF CORRUPTION-The absence of sanction no doubt can be agitated at the threshold but the invalidity of the sanction is to be raised during the trial. In the instant facts, admittedly there is a sanction though the accused seek to pick holes in the manner the sanction has been granted and to claim that the same is defective which is a matter to be considered in the trial.
  • Chaitu Lal Vs. State of Uttarakhand-20/11/2019 - RAPE-The attempt to commit an offence begins when the accused commences to do an act with the necessary intention. In the present case, the accused appellant pounced upon the complainant victim, sat upon her and lifted her petticoat while the complainant victim protested against his advancements and wept.
  • Commissioner of Central Excise, Haldia Vs. M/s. Krishna Wax Pvt. Ltd-14/11/2019 - Writ in Excise Matter-It has been laid down by this Court that the excise law is a complete code in itself and it would normally not be appropriate for a Writ Court to entertain a petition under Article 226 of the Constitution and that the concerned person must first raise all the objections before the authority who had issued a show cause notice and the redressal in terms of the existing provisions of the law could be taken resort to if an adverse order was passed against such person.
  • Commissioner of Income Tax vs. Laxman Das Khandelwal – 13/08/2019 - Income Tax Act - According to Section 292BB of the Act, if the assessee had participated in the proceedings, by way of legal fiction, notice would be deemed to be valid even if there be infractions as detailed in said Section.
  • D. Sasi Kumar Vs. Soundararajan-23/09/2019 - If as on the date of filing the petition the requirement subsists and it is proved, the same would be sufficient irrespective of the time-lapse in the judicial process coming to an end.
  • Dalbir Singh Vs. Union of India & Ors-02/07/19 - Summary General Court Martial-In service matters the past conduct, both positive and negative will be relevant not only while referring to the misconduct but also in deciding the proportionality of the punishment, the Court should be cautious while considering the case of an officer/soldier/employee of a disciplined force and the same yardstick or sympathetic consideration as in other cases cannot be applied. The resources of the country are spent on training a soldier to retaliate and fight when the integrity of the nation is threatened and there is aggression. In such grave situation if a soldier turns his back to the challenge, it will certainly amount to cowardice.
  • Dr. Ashwani Kumar Vs. Union of India and Another – 5/09/2019 - The right to life with dignity under Article 21, this Hon'ble Court may be pleased to direct the Central Government to enact a suitable stand-alone, comprehensive legislation against custodial torture as it has directed in the case of mob violence/lynching vide its judgment 17th July 2018.
  • Dr. S. Kumar & Ors. Vs. S. Ramalingam-16/07/19 - Section 41 of the Indian Easements Act, 1882-Easement of necessity-The argument that right of easement stands extinguished once the easement of necessity comes to an end is not applicable if the rights of the parties arise out of a sale deed and the rights of the parties have to be adjudicated upon as they exist on the date of filing of the suit. The subsequent events of inheritance vesting the property in the same person will not take away the easement right. The appellants have been granted right to use passage in the sale deed.
  • Fr. Issac Mattammel Cor-Episcopa Vs. St. Mary’s Orthodox Syrian Church & Ors.- 6/09/2019 - Malankara Church is episcopal in character to the extent it is so declared in the 1934 Constitution. The 1934 Constitution fully governs the affairs of the parish churches and shall prevail.
  • Ganpati Babji Alamwar (D) by LRS. Ramlu and Others Vs. Digambarrao Venkatrao Bhadke and Others- 12/09/2019 - Mortgage by conditional sale-There must exist a debtor and creditor relationship. The valuation of the property, and the transaction value, along with the duration of time for reconveyance, are important considerations to decide the nature of the agreement.
  • Govindbhai Chhotabhai Patel & Ors. Vs. Patel Ramanbhai Mathurbhai-23/09/2019 - In the absence of any evidence of any forgery or fabrication and in the absence of specific denial of the execution of the gift deed, the Donee was under no obligation to examine one of the attesting witnesses of the gift deed.
  • Guman Singh Vs. State of Rajasthan – 24/5/2019 - A witness can be graded as reliable, unreliable, neither wholly reliable nor wholly unreliable and consequences shall be followed accordingly
  • Guru @ Gurubaran & Ors. Vs. State represented by Inspector of Police 27/09/2019 - Section 302, Indian Penal Code -the accused can only be held guilty of having committed the offence under Section 324 IPC. He has already undergone imprisonment for around 11 years and, therefore, his conviction under Section 302 IPC is altered to Section 324 IPC and the sentence is reduced to the period of incarceration already undergone.
  • Hari Sankaran Vs. Union of India & Others – 04/06/19 - Section 130(1) & (2) read with sections 211/212 and Sections 241/242 of the Companies Act, 2013- Report of the RBI Report can be taken note of, while upholding the order passed by the learned Tribunal under Section 130 of the Companies Act. As a larger public interest has been involved and reopening of the books of accounts and recasting of financial statements of the aforesaid companies is required to be carried out in the larger public interest, to find out the real truth, and the conditions precedent while invoking power under Section 130 of the Companies Act are satisfied/complied with, therefore order passed by the learned Tribunal passed under Section 130 of the Companies Act, confirmed by the learned Appellate Tribunal, is not required to be interfered with.
  • Hemareddi (D) through LRS. Vs. Ramachandra Yallappa Hosmani and Ors – 07/05/19 - ABATEMENT OF SUIT- Death of a party during the currency of a litigation -The impact of death of the late brother of the appellant qua the proceeding is one arising out of the incompatibility of a decree which has become final with the decree which the appellant invites the appellate court to pass.
  • Indusind Media & Communications Ltd. Vs. Commissioner of Customs, New Delhi-27/09/2019 - CUSTOM-The basic principle of levy of customs duty, in view of the aforementioned provisions, is that the value of the imported goods has to be determined at the time and place of importation. The value to be determined for the imported goods would be the payment required to be made as a condition of sale. Assessment of customs duty must have a direct nexus with the value of goods which was payable at the time of importation.
  • JAI PRAKASH VS STATE OF UTTAR PRADESH  AND OTHERS-28/11/2019 - Murder Conviction-Sections 302 IPC and 120-B IPC-The duty of the appellate court is to consider and appreciate the evidence adduced by the prosecution and arrive at an independent conclusion. Like the trial court, the appellate court also must be satisfied of its conclusion.
  • Jasmeet Kaur Vs. State (NCT of Delhi) & Anr-12/12/ 2019 - It was evident from the conduct of the parties that they had abandoned their domicile of origin i.e. India, had set up their matrimonial home in the U.S. and raised their daughter in that environment. When the Petitioner - wife decided not to return to the U.S. in January, 2016 she acted in her self-interest, and not in the best interest of her children.
  • Jignesh Shah & ANR. Vs. Union of India & ANR-25/09/2019 - A winding up proceeding is a proceeding 'in rem' and not a recovery proceeding
  • Jiten K. Ajmera & ANR. Vs. M/s. Tejas Cooperative Housing Society – 06/05/19 - Consumer Complaint - Additional evidence before State Consumer Commission - Section 107(1) (d) r.w. Rule 27 of Order XLI, CPC - Under Order XLI Rule 27, CPC a party can produce additional evidence at the appellate stage, if it establishes that notwithstanding the exercise of due diligence, such evidence was not within its knowledge, or could not even after the exercise of due diligence, be produced by it at the time when the decree appealed against was passed.
  • Jose Paulo Coutinho Vs. Maria Luiza Valentina Pereira & ANR- 13/09/2019 - Portuguese Civil Code, 1867 as applicable in the State of Goa, which shall govern the rights of succession and inheritance even in respect of properties of a Goan domicile situated outside Goa, anywhere in India
  • K. Arjun Das Vs. Commissioner of Endowments, Orissa & Ors-17/9/2019 - The deity cannot be divested of any title or rights of immovable property in violation of the statutory provisions and this fact cannot be ruled out that the property belonging to the deity must fetch the best possible price..
  • K.H. Nazar Vs. Mathew K. Jacob & Ors -30/09/2019 - Statutory Interpretation- Beneficial Legislation-Semantic luxuries are misplaced in the interpretation of ‘bread and butter’ statutes. Welfare statutes must, of necessity, receive a broad interpretation. Where legislation is designed to give relief against certain kinds of mischief, the Court is not to make inroads by making etymological excursions
  • Kamlakar Vs. State of Maharashtra-31/05/19 - Section 302 & Section 147, 148 of Indian Penal Code- Supreme Court not interfered when having reappreciated the evidence to the extent it is required and a detailed perusal of the judgment passed by the Sessions Court as also the High Court would indicate that both the Courts have adverted to the evidence in detail and have ultimately arrived at the conclusion and when the concurrent judgment based upon the evidence have found the appellant to be guilty of the charge alleged against him in committing the murder and had convicted him under Section 302 of the Indian Penal Code.
  • KARNATAKA STATE POLLUTION CONTROL BOARD VS B. HEERA NAIK & ORS. ETC- 26/11/2019 - Criminal-Section 48 of the Water (Prevention and Control of Pollution) Act, 1974- whether Commissioner of City Municipal Council and Chief Officers of City Municipal Council can be prosecuted under Section 48 of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as “Act, 1974”).
  • Karuppanna Gounder Vs. State represented by the Inspector of Police – 17/09/2019 - Accused acquitted : The question is whether the death of the deceased could be attributed to the injury caused by the appellant A1. The appellantContinue Reading
  • Leeladhar (D) through LRS. Vs. Vijay Kumar (D) through LRS-26/09/2019 - Specific performance of the contract-The agreement was an agreement to sell and after entering into the agreement to sell, Appellant received the full sale consideration and handed over the possession to Respondent, the question of exercising any discretionary favour to the appellant does not arise.
  • M/s. Adani Power (Mundra) Ltd. Vs. Gujarat Electricity Regulatory Commission and Ors-02/07/19 - A contract is interpreted according to its purpose. The purpose of a contract is the interests, objectives, values, policy that the contract is designed to actualise. It comprises the joint intent of the parties. Every such contract expresses the autonomy of the contractual parties' private will. It creates reasonable, legally protected expectations between the parties and reliance on its results. Consistent with  the character of purposive interpretation, the court is required to determine the ultimate purpose of a contract primarily by the joint intent of the parties at the time of the contract so formed. It is not the intent of a single party; it is the joint intent of both the parties and the joint intent of the parties is to be discovered from the entirety of the contract and the circumstances surrounding its formation.
  • M/s. Canara Nidhi Ltd. Vs. M. Shashikala and Others-23/09/2019 - Issues need not be struck at the stage of hearing a Section 34 application, which is a summary procedure
  • Madhav Prasad Aggarwal & ANR. Vs. Axis Bank Ltd. & ANR-01/07/19 - Order 7 Rule 11(d) of the Civil Procedure Code -A plaint can either be rejected as a whole or not at all. The Court heldContinue Reading
  • Mahipal Vs Rajesh Kumar @ Polia & Anr-05/12/2019 - Cancellation of Bail -Where an 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 this Court. Where an earlier application for bail has been rejected, there is a higher burden on the appellate court to furnish specific reasons as to why bail should be granted.
  • Manju Puri Vs. Rajiv Singh Hanspal & Ors-14/11/2019 - Revocation of probate-even though learned Single Judge had discretion to issue citation or not but in the facts of the present case a citation ought to have been issued in exercise of discretion conferred under Section 283 of the Succession Act and the probate granted without issuance of such citation in the facts of the present case deserves to be revoked and learned Single Judge and the Division Bench committed error in rejecting the application for revocation filed by the appellant.
  • Md. Abrar Vs. Meghalaya Board of Wakf & ANR-26/09/2019 - WAKF- in order to establish a claim of hereditary succession to mutawalliship, the intention of the waqif, as manifested either through the directions given in the waqf deed or the creation of a custom, is of paramount importance
  • Munawwar Vs. State of Uttar Pradesh-16/07/19 - Murder and kidnapping of a seven-year old-The identity of the kidnappers been established. There is direct evidence in the form of ocular testimonies, which establishContinue Reading
  • Municipal Corporation of Greater Mumbai (MCGM) Vs. Abhilash Lal & Ors-15/11/2019 - STATUTORY INTERPRETATION-if a statute requires a thing to be done in a particular manner, it should be done in that manner or not at all, articulated in Nazir Ahmad v. Emperor, AIR 1936 PC 253, has found widespread acceptance.
  • ONGC LTD. & ORS. Vs CONSUMER EDUCATION RESEARCH SOCIETY & ORS- 09/12/2019 - Consumer- whether any amount is being paid by the employees for contribution to the services rendered by the Trust, it is apparent that the service, if any, is being rendered by the Trust and not by the ONGC. Therefore, we have no hesitation in coming to the conclusion that there is no relationship of consumer and service provider between the claimants and the ONGC.
  • P. CHIDAMBARAM VS DIRECTORATE OF ENFORCEMENT – 5/9/2019 - Grant of anticipatory bail at the stage of investigation may frustrate the investigating agency in interrogating the accused and in collecting the useful information and also the materials which might have been concealed. Success in such interrogation would elude if the accused knows that he is protected by the order of the court. Grant of anticipatory bail, particularly in economic offences would definitely hamper the effective investigation.
  • P. Gopalkrishnan @ Dileep Versus State of Kerala and Anr. – 29/11/2019 - Whether the contents of the memory card/pen­drive submitted to the Court alongwith the police report can be treated as “document” as such.
  • P.Chidambaram Vs Directorate of Enforcement – 4/12/2019 - The instant appeal is allowed and the judgment dated 15.11.2019 passed by the High Court of Delhi in Bail Application No.2718 of 2019 impugned herein is set aside; The appellant is ordered to be released on bail if he is not required in any other case, subject to executing bail bonds for a sum of Rs.2 lakhs with two sureties of the like sum produced to the satisfaction of the learned Special Judge; The passport ordered to be deposited by this Court in the CBI case shall remain in deposit and the appellant shall not leave the country without specific orders to be passed by the learned Special Judge. The appellant shall make himself available for interrogation in the course of further investigation as and when required by the respondent. The appellant shall not tamper with the evidence or attempt to intimidate or influence the witnesses;
  • Parminder Singh Vs. New India Assurance Company Ltd. & Ors – 01/07/19 - Motor Accident Claim-functional disability at 100% -loss of earning capacity- The Appellant is entitled to the following amounts: i) Rs. 32,40,000/to be awarded towards loss of future earnings by taking the income of the Appellant at Rs. 10,000/p. m., and granting Future Prospects @50%; ii) Rs. 7,50,000/to be awarded towards repeated hospitalizations and medical expenses for undergoing surgeries and medical treatment; iii) Rs. 10,00,000/to be awarded towards future medical expenses and attendant charges; iv) Interest @ 9% awarded by the High Court from the date of the Claim Petition, till the date of recovery to be maintained. And If the driver of the offending vehicle does not possess a valid driving license, the principle of 'pay and recover' can be ordered to direct the insurance company to the pay the victim, and then recover the amount from the owner of the offending vehicle. Insurance Company is entitled to recover the amount from the owners and drivers of the two offending trucks.
  • Parsa Kente Collieries Ltd. Vs. Rajasthan Rajya Vidyut Utpadan Nigam Ltd- 27/05/19 - ARBITRATION AND CONCILIATION ACT 1996- Arbitral tribunal must decide in accordance with the terms of the contract, but if an arbitrator construes a term of the contract in a reasonable manner, it will not mean that the award can be set aside on this ground. It is further observed and held that construction of the terms of a contract is primarily for an arbitrator to decide unless the arbitrator construes the contract in such a way that it could be said to be something that no fair minded or reasonable person could do.
  • Perkins Eastman Architects DPC & Anr. v. HSCC (India) Ltd-26/11/2019 - ARBITRATION-In exercise of the power conferred by Section 11(6) of the Act, we appoint Dr. Justice A.K. Sikri, former Judge of this Court as the sole arbitrator to decide all the disputes arising out of the Agreement dated 22.05.2017, between the parties, subject to the mandatory declaration made under the amended Section 12 of the Act with respect to independence and impartiality and the ability to devote sufficient time to complete the arbitration within the period as per Section 29A of the Act.
  • Power Grid Corporation of India Vs. Tamil Nadu Generation and Distribution Company Ltd – 09/05/19 - Electricity Regulatory Commissions Act 1998 - present dispute arises with respect to tariff charged between 01.04.2001 and 31.03.2004 on account of FERV calculation and apportionment. Any variation in the apportionment of FERV now, for the abovementioned period, will consequently be passed on to the consumers. This will be unfair to the consumers who were not consumers for the abovementioned period but will eventually bear the brunt of transactions which took place 15-18 years ago.
  • Pradeep Ram Vs. State of Jharkhand & ANR-01/07/19 - Criminal-Unlawful Activities (Prevention) Act 1967-The special Judge in his order has neither referred to Section 309 nor Section 167 under which accused was remanded. When the Court has power to pass a particular order, non-mention of provision of law or wrong mention of provision of law is inconsequential.
  • Pramod Kumar & ANR. Vs. Zalak Singh & Ors- 10/5/2019 - ORDER II RULE 2 - CONSTRUCTIVE RES JUDICATA-It is undoubtedly true that the law does not compel a litigant to combine one or more causes of action in a suit. It is open to a plaintiff, if he so wishes, however to combine more than one cause of action against same parties in one suit.
  • Rafiq Qureshi Vs. Narcotic Control Bureau Eastern Zonal Unit – 07/05/19 - NDPS-Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985-where Court imposes a punishment higher than minimum relying on an irrelevant factor and no other factor as enumerated in Section 32B(a to f) are present award of sentence higher than minimum can be interfered with.
  • Rajasthan State Roadways Transport Corporation Vs. Paramjeet Singh – 03/05/19 - LABOUR LAW- The nature of the appointment was purely contractual for a period of one year or until the shortage of drivers was met, whichever was earlier. Moreover, the contract stipulates that the services of the respondent could be dispensed with without any notice.  The terms of the appointment indicate that the respondent was on a purely contractual appointment and that the services could be dispensed with without notice at any stage.
  • Rambir Vs. State of NCT, Delhi – 06/05/19 - CRIMINAL-The case of the appellant falls within Exception 4 to Section 300 IPC. Further, the judgment in the case of Surinder Kumar v. Union Territory, Chandigarh1 also supports the case of the appellant. In the aforesaid case, the knife blows were inflicted in the heat of the moment, one of which caused death of the deceased, this Court has held that accused is entitled to the benefit of Exception 4.
  • Ramesh Dasu Chauhan and Another Vs. State of Maharashtra-04/07/19 - Evidence Act-There is no gainsaying that confession made to a police officer cannot be proved as against a person accused of any offence and no confession made by a person while in police custody except made in the immediate presence of a Magistrate, can be proved against him in view of embargo created by Sections 25 and 26 of the Evidence Act. Section 27 of the Act nevertheless carves out an exception as it provides that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence while he is in police custody, "so much of such information", regardless of it being a confession or not, may be proved, if it relates distinctly to the fact thereby discovered.
  • Randhir Singh Vs. Union of India & Ors – 08/07/19 -  Army Act 1950-The requirement of recording reasons for convening a Summary Court Martial shall apply from 5 July 2016. However, the fundamental principle of law which has been enunciated is that the power to order an SCM is a drastic power which must be exercised in a situation where it is absolutely imperative that immediate action is necessary.
  • Ravi S/o. Ashok Ghumare Vs. State of Maharashtra – 03/10/2019 - MURDER- DEATH SENTENCE CONFIRMED-the victim was barely a two-year old baby whom the appellant kidnapped and apparently kept on assaulting over 4-5 hours till she breathed her last. The appellant who had no control over his carnal desires surpassed all natural, social and legal limits just to satiate his sexual hunger. He ruthlessly finished a life which was yet to bloom. The appellant instead of showing fatherly love, affection and protection to the child against the evils of the society, rather made her the victim of lust.
  • Reckitt Benckiser India Pvt. Ltd. Vs. Reynders Label Printing India Pvt. Ltd. and ANR-01/07/19 - Sections 11(5), 11(9) and 11(12)(a) of the Arbitration and Conciliation Act, 1996-Domestic commercial arbitration-That agreement is only between the applicant and respondent No.1 and as a result thereof, it would give rise to a domestic commercial arbitration and not an international commercial arbitration. Respondent No.1 has also made it amply clear through its counsel that it will have no objection, whatsoever, if the Court were to appoint a sole arbitrator for resolving the dispute between the applicant and respondent No.1, who would conduct the arbitration proceedings in accordance with the Act, in Delhi, as a domestic commercial arbitration between the applicant and respondent No.1 alone.
  • Ritu Saxena Vs. J.S. Grover & ANR-17/09/2019 - Any self-serving statements without any proof of financial resources cannot be relied upon to return a finding that the appellant was ready and willing toContinue Reading
  • Saeeda Khatoon Arshi Vs. State of Uttar Pradesh & Anr-10/12/2019 - A protest petition had not been filed by the appellant when the report was submitted under Section 173 did not render the court powerless to exercise its powers under Section 319 on the basis of the evidence which had emerged during the course of the trial.
  • Sasikala Pushpa and Others Vs. State of Tamil Nadu – 07/05/19 - Forging Vakalatnama-A Vakalatnama is only a document which authorizes an advocate to appear on behalf of the party and by and large, it has no bearing on the merits of the case. Before proceeding to make a complaint regarding commission of an offence referred to in Section 195(1)(b) Cr.P.C., the court must satisfy itself that "it is expedient in the interest of justice". The language in Section 340 Cr.P.C. shows that such a course will be adopted only if the interest of justice requires and not in every case.
  • Shri Hanumant Dinkar Arjun Vs. Shri Suresh R. Andhare & ANR – 03/05/19 - Criminal Appeal - In our opinion, the order dated 26.02.2003, which is the basis of the complaint in question, is sub judice in the criminal appeal. In other words, when the order, which is the foundation for filing the complaint in question itself is sub judice, the appellant is required to await the final outcome of the criminal appeal filed by the accused persons.
  • Sita Ram Vs. State of NCT of Delhi – 09/07/19 - Sections 302 and 323 read with 34 of the I.P.C.- the occurrence was without premeditation and sudden fight between the parties started in the heat of passion upon a sudden quarrel. The occurrence happened when deceased as his way back home questioned the accused as to his conduct of tapping electricity from the pole. He was not pre-armed and other accused were also not pre-armed. Though, deceased has sustained as many as nine injuries, except injury no(s).1 to 3 which are the injuries caused on the head and all other injuries are on the hand, shoulder, arms etc. Considering the nature of the injuries sustained by deceased, it cannot be said that the accused and other accused have taken undue advantage of deceased in attacking him. Having regard to the facts and circumstances of the case, the conviction under Section 302 read with 34 I.P.C. deserves to be modified under Section 304 Part II I.P.C.
  • Smt. Kasturibai Sukharam Khandelwal Trust Vs. Indore Development Authority & Ors-03/10/2019 - In the ordinary course of business, there was no justification for the authority to consider the application of the 2nd respondent which was not in due compliance and in terms of the advertisement in reference to which the applications were invited.
  • Sopanrao & ANR. Vs. Syed Mehmood & Ors-03/07/19 - CIVIL SUIT-The limitation for filing a suit for possession on the basis of title is 12 years . Merely because one of the reliefs sought is of declaration that will not mean that the outer limitation of 12 years is lost. In a suit filed for possession based on title the plaintiff is bound to prove his title and pray for a declaration that he is the owner of the suit land because his suit on the basis of title cannot succeed unless he is held to have some title over the land.
  • State of Jammu and Kashmir Vs. Farid Ahmad Tak – 02/05/19 - Mere summary disposal of a Special Leave Petition does not conclude the issue on merits. The acts of commission and omission on part of the concerned Respondents as a result of which there was wrongful loss to the State and public interest was compromised.
  • State of Madhya Pradesh Vs. Kalicharan & Ors-31/05/19 - Section 302/149 of the IPC & Section 304 Part II of the IPC- it was a case of free fight,  the weapon used by the accused was Farsa and he caused the injury on the vital part of the body i.e. head which proved to be fatal and again the evidence on record, more particularly, the medical evidence and the manner in which the incident took place, the accused should have been held guilty for the offence under Section 304 Part I and not 304 Part II of the IPC.
  • State of Madhya Pradesh Vs. Killu @ Kailash and Ors- 19/11/2019 - MURDER: Merely because the other three accused persons i.e. the present respondents had not used their weapons does not absolve them of the responsibility andContinue Reading
  • State of NCT of Delhi Vs Shiv Charan Bansal & Ors – 05/12/2019 - Order of Discharge-Sections 120B, 302, 201 r.w. S.34 IPC and Sections 25, 27, 54, 59 of the Arms Act- In the present case, on account of the inconsistency in framing charges by the Sessions Court against the six accused, the trial has got truncated. The trial with respect to three accused i.e. Sachin Bansal, Narendra Mann, and the alleged contract killer – Joginder Singh Sodhi has proceeded in the absence of the other three accused viz. Shiv Charan Bansal, Lalit Mann and Shailendra Singh.
  • State of Odisha & Another Vs. Anup Kumar Senapati & Another-16/09/2019 - It is a settled legal proposition that Article 14 of the Constitution is not meant to perpetuate illegality or fraud, even by extending the wrong decisions made in other cases. The said provision does not envisage negative equality but has only a positive aspect.
  • STATE OF ODISHA & ORS. VS MANJU NAIK- 04/12/2019 - Statutory Interpretation:a particular provision of the statute should be construed with reference to other provisions of the same statute so as to construe the enactment as a whole. It would also be necessary to avoid an interpretation which will involve conflict with two provisions of the same statute and effort should be made for harmonious construction. In other words, the provision of a Rule cannot be used to defeat another Rule unless it is impossible to effect reconciliation between them.
  • STATE OF RAJASTHAN  VS MAHESH KUMAR @ MAHESH DHAULPURIA & ANR- 16/7/2019 - In the cases of circumstantial evidence, the circumstances from which the conclusion of guilt is to be drawn should in the first instance be fully established, and all the facts so established should be consistent only with the hypothesis of guilt of the accused. The circumstances should be of a conclusive nature and should be such as to exclude every hypothesis but the one proposed to be proved. In other words, there must be a complete chain of evidence as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused and none else.
  • State of Uttar Pradesh and Ors. Vs. Sudarshana Chatterjee-10/12/2019 - Summoning of officers to the court-The High Court, in our view, was not right in directing the Principal Secretary to appear in the court and explain the reason for passing the order dated 04.01.2019. Observing that merely because an order has been passed by the officer, it does not warrant the personal presence of the officer in the Court and summoning of officers to the Court and eventually affect the public at large
  • State represented by Inspector of Police, Central Bureau of Investigation Vs. M. Subrahmanyam – 07/05/19 - Section 173(2)(5)(a), Cr.P.C- The failure to bring the authorisation on record, as observed, was more a matter of procedure, which is but a handmaid of justice. Substantive justice must always prevail over procedural or technical justice. To hold that failure to explain delay in a procedural matter would operate as res judicata will be a travesty of justice considering that the present is a matter relating to corruption in public life by holder of a public post. The rights of an accused are undoubtedly important, but so is the rule of law and societal interest in ensuring that an alleged offender be subjected to the laws of the land in the larger public interest. To put the rights of an accused at a higher pedestal and to make the rule of law and societal interest in prevention of crime, subservient to the same cannot be considered as dispensation of justice. A balance therefore has to be struck. A procedural lapse cannot be placed at par with what is or may be substantive violation of the law.
  • Station House Officer CBI/ACB/Bangalore vs. B.A. Srinivasan – 05/12/2019 - Sanction u/s Section 197 CrPC when not required- From a perusal of the case law referred to supra, it becomes clear that for the purpose of obtaining previous sanction from the appropriate Government under Section 197 CrPC, it is imperative that the alleged offence is committed in discharge of official duty by the accused.
  • Sudam @ Rahul Kaniram Jadhav Vs. State of Maharashtra-01/10/2019 - The review petitions are allowed to the extent that the sentence of death awarded to the Petitioner is commuted to imprisonment for the remainder of his life sans any right to remission.
  • Surinder Singh Deswal @ Col. S.S. Deswal and Others Vs. Virender Gandhi-29/05/19 - Section 138 /148 Read with section 143A of the N.I. Act-Whether the first appellate court is justified in directing the appellants - original accused who have been convicted for the offence under Section 138 of the N.I. Act to deposit 25% of the amount of compensation/fine imposed by the learned trial Court, pending appeals challenging the order of conviction and sentence and while suspending the sentence under Section 389 of the Cr.P.C., considering Section 148 of the N.I. Act as amended? Held yes.
  • Tata Power Company Ltd. Vs. Adani Electricity Mumbai Ltd – 02/05/19 - As a matter of fact, what was agreed in the Principles of Agreement more amount than that has been ordered to be paid on the basis of principles of business equilibrium and other factors
  • Tejaswini Gaud and Others Vs. Shekhar Jagdish Prasad Tewari and Others – 06/05/19 - Custody of the Child given to the father - Writ of habeas corpus is a prerogative process for securing the liberty of the subject by affording an effective means of immediate release from an illegal or improper detention. The writ also extends its influence to restore the custody of a minor to his guardian when wrongfully deprived of it. The detention of a minor by a person who is not entitled to his legal custody is treated as equivalent to illegal detention for the purpose of granting writ, directing custody of the minor child.
  • THE ASSAM PUBLIC SERVICE COMMISSION & ORS VS PRANJAL KUMAR SARMA & ORS 28/11/2019 - Selection process-the norms existing on the date when the process of selection begins, will control the selection and the alteration to the norms would not affect the ongoing process unless the new Rules are to be given retrospective effect.
  • The Director, Steel Authority of India Ltd. Vs. Ispat Khandan Janta Mazdoor Union-05/07/19 - where the contract was to supply of labour and necessary labour was supplied by the contractor who worked under the directions, supervision and control of the principal employer, that in itself will not in any manner construe the contract entered between the contractor and contract labour to be sham and bogus per se.
  • The Maharashtra Public Service Commission through its Secretary Vs. Sandeep Shriram Warade – 03/05/19 - The essential qualifications for appointment to a post are for the employer to decide. If the language of the advertisement and the rules are clear, the Court cannot sit in judgment over the same. If there is an ambiguity in the advertisement or it is contrary to any rules or law the matter has to go back to the appointing authority after appropriate orders, to proceed in accordance with law. In no case can the Court, in the garb of judicial review, sit in the chair of the appointing authority to decide what is best for the employer and interpret the conditions of the advertisement contrary to the plain language of the same.
  • THE STATE OF BIHAR & ORS Vs PHULPARI KUMARI- 06/12/2019 - Departmental Inquiry : It is settled law that interference with the orders passed pursuant to a departmental inquiry can be only in case of ‘no evidence’. Sufficiency of evidence is not within the realm of judicial review.
  • Union of India & Ors. Vs. Dafadar Kartar Singh & Anr- 9/12/2019 - Summary Court Martial-The judgments of acquittal may be reversed or otherwise disturbed only for very substantial and compelling reasons. Very substantial and compelling reasons exist when the trial court has ignored the evidence or misread the material evidence or has ignored material documents like dying declarations/ report of the ballistic expert, etc.
  • Union of India Vs. State of Maharashtra and Ors-01/10/2019 - Atrocities Act -There is no absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on judicial scrutiny the complaint is found to be prima facie mala fide. Arrest of a public servant can only be after approval of the appointing authority and of a nonpublic servant after approval by the S.S.P. To avoid false implication of an innocent, a preliminary enquiry may be conducted by the DSP.
  • Vasant Ganpat Padave (D) by LRS. & Ors. Vs. Anant Mahadev Sawant (D) through LRS. & Ors-18/09/2019 - Statutory Interpretation: Where the plain literal interpretation of a statutory provision produces a manifestly unjust result which could never have been intended by the Legislature,Continue Reading
  • Yashwant Sinha & Ors. Vs. The Central Bureau of Investigation through its Director & ANR-14/11/2019 - REVIEW: The common judgment in four Writ Petitions has generated three Review Petitions, a Contempt Petition and a Petition under Section 340 of The Code of Criminal Procedure, 1973 and an application seeking correction.