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Supreme Court closes Habeas Corpus proceedings against Jaggi Vasudev’s Isha Yoga Centre
New ‘Lady Justice’ statue unveiled by Supreme Court: A modern representation of Indian justice
Who is Justice Sanjiv Khanna, the name recommended by CJI Chandrachud as his successor?
Constitution /Larger Bench Decisions
In-depth analysis of Supreme Court’s majority verdict on Section 6A of Citizenship Act
In a writ petition concerning the constitutionality of Section 6A of the Citizenship Act, the 5-Judge Constitution Bench of Dr. DY Chandrachud*, CJI, Surya Kant*, MM Sundresh, JB Pardiwala and Manoj Misra, JJ. upheld the validity of Section 6A in a 4:1 majority, with Justice Pardiwala gave the dissenting opinion. Read more
‘Section 6A of Citizenship Act manifestly arbitrary, temporally unreasonable and, demonstrably unconstitutional’: Justice JB Pardiwala’s Dissent
In the landmark ruling concerning Section 6-A of the Citizenship Act, Justice JB Pardiwala, J. while examining the matter from a different dimension, more particularly by applying the doctrine of temporal reasonableness, held that Section 6-A of the Citizenship Act is invalid with prospective effect. Justice Pardiwala concluded that: Immigrants who migrated before 01-01-1966 and were conferred deemed citizenship on the date of commencement of Section 6A(2), subject to fulfilment of all the conditions mentioned therein, shall remain unaffected. Immigrants who migrated between 01-01-1966 and 24-03-1971 (both inclusive) and have been granted citizenship after following the due procedure prescribed under Section 6A(3) shall remain unaffected. Immigrants who migrated between 01-01-1966 and 24-03-1971 (both inclusive) and who have been detected as foreigners and have registered themselves with the registering authority as per the prescribed rules, shall be deemed to be citizens of India for all purposes from the date of expiry of a period of ten years from the date on which they were detected as foreigners. Immigrants who migrated between 01-01-1966 and 24-03-1971 (both inclusive) and who have been detected as foreigners but have not registered themselves with the registering authority within the prescribed time limit as per the Citizenship Rules, 2009 will no longer be eligible for the benefit of citizenship. Immigrants who migrated between 01-01-1966 and 24-03-1971 (both inclusive) and whose applications are pending for adjudication before the Foreigners Tribunal, or who have preferred any appeal against any order of such tribunal which is pending before any court will continue to be In Re: Section 6-A of the Citizenship Act, 1955 governed by Section 6A(3) as it stood immediately prior to the pronouncement of this judgment, till their appeals are disposed of. From the date of pronouncement of this judgment, all immigrants in the State of Assam shall be dealt with in accordance with the applicable laws and no benefit under Section 6A shall be available to any such immigrant. Read more
Did You Know? According to National Judicial Data Grid, there are 1,147 cases pending before the three-judge bench, 265 cases before the five-judge bench, and 37 cases before the seven-judge bench of the Supreme Court.1
Read Supreme Court’s Majority Opinion on States’ power to regulate industry of ‘Intoxicating Liquor’
While considering the instant appeal which raised issues pertaining to the scope of the power of the State Legislatures under Entry 8 and the meaning of the phrase “intoxicating liquor”; whether “intoxicating liquor” in Entry 8 only includes potable alcohol, such as alcoholic beverages or also includes alcohol which is used in the production of other products; the 9 Judge Constitution Bench, with a ratio of 8:1, held the following:
- Entry 8 of List II of the Seventh Schedule to the Constitution is both an industry-based entry and a product-based entry. The words that follow the expression “that is to say” in the Entry are not exhaustive of its contents. It includes the regulation of everything from the raw materials to the consumption of ‘intoxicating liquor’.
- Parliament cannot occupy the field of the entire industry merely by issuing a declaration under Entry 52 of List I. The State Legislature’s competence under Entry 24 of List II is denuded only to the extent of the field covered by the law of Parliament under Entry 52 of List I;
- Parliament does not have the legislative competence to enact a law taking control of the industry of intoxicating liquor covered by Entry 8 of List II in exercise of the power under Article 246 read with Entry 52 of List I;
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Entry 8 of List II is based on public interest. It seeks to enhance the scope of the entry beyond potable alcohol. This is inferable from the use of the phrase ‘intoxicating’ and other accompanying words in the Entry. Alcohol is inherently a noxious substance that is prone to misuse affecting public health at large. Entry 8 covers alcohol that could be used noxiously to the detriment of public health. This includes alcohol such as rectified spirit, ENA and denatured spirit which are used as raw materials in the production of potable alcohol and other products. However, it does not include the final product (such as a hand sanitiser) that contains alcohol since such an interpretation will substantially diminish the scope of other legislative entries. Read more
What Justice Nagarathna held on States’ power to regulate ‘Industrial alcohol’ as lone dissenting voice in 8:1 verdict
In a significant ruling, the 9-Judge Bench of the Court with a ratio of 8:1, on 23-10-2024, had held that States have the legislative power to regulate ‘intoxicating liquor’. The majority of Dr. DY Chandrachud, CJ., Hrishikesh Roy, Abhay S. Oka, JB Pardiwala, Manoj Misra, Ujjal Bhuyan, Satish Chandra Sharma and Augustine George Masih, JJ., had held that Entry 8 of List II of the Seventh Schedule to the Constitution is both an industry-based entry and a product-based entry. The words that follow the expression “that is to say” in the Entry are not exhaustive of its contents. It includes the regulation of everything from the raw materials to the consumption of ‘intoxicating liquor’. The majority also overruled 7-Judge Bench ruling in Synthetics and Chemicals Ltd. v. State of U.P., (1990) 1 SCC 109. Read more
Aadhar not a proof of Birth
[Motor Accident Claim] Aadhar not proof of date of birth; SC affirms age determination using School Leaving Certificate
While deciding the instant appeal wherein the appellants were aggrieved by Punjab and Haryana High Court’s decision to reduce compensation awarded to them by the Motor Accidents Claim Tribunal (MACT) and applying the date of birth as stated in the deceased person’s Aadhar card to determine the applicable multiplier; the Division Bench of Sanjay Karol* and Ujjal Bhuyan, JJ., took judicial notice of the Circular No.08 of 2023 issued by Unique Identification Authority of India, wherein it was stated that an Aadhar Card, while can be used to establish identity, it is not per se proof of date of birth. Hence, the Court found no error with MACT’s method of age determination of the deceased person, based on his School Leaving Certificate. Read more
Arbitration
Supreme Court sets aside Calcutta HC judgment denying extension of arbitration mandate beyond deadline for making an award; Directs fresh adjudication of petition
In civil appeals filed against the judgment and order passed by the Calcutta High Court, wherein the Court dismissed the application filed by the appellants under Section 29A(4) of the Arbitration and Conciliation Act, 1996 on the ground that the Court has no power to grant any extension of the period for making and publishing the award or to extend the arbitrator’s mandate, after the mandate has expired as no application was filed for extension of mandate before the expiry of the period envisaged for making the award under section 29A(1) of the Act, the three Judge bench of Sanjiv Khanna, Sanjay Kumar an R. Mahadevan, JJ. in view of the judgment dated 12-09-2024, set aside the impugned judgment, and revived the arbitration petition praying to extend the mandate of arbitration before the Calcutta High Court. Read more
Arbitration and Conciliation Act | Appellate power of Section 37 is limited within the domain of Section 34: Supreme Court
While considering the instant appeal challenging the decision of Punjab and Haryana High Court whereby which it had set aside an Arbitral Award granted in favour of the appellant; the Division Bench of P.S. Narasimha and Pankaj Mithal*, JJ., held that the scope of the intervention of the Court in arbitral matters is virtually prohibited, if not absolutely barred and that the interference is confined only to the extent envisaged under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act). The appellate power of Section 37 of the A&C Act is limited within the domain of Section 34 of the A&C Act. Read more
Remission of Sentence
Remission of Sentence | Conditions must be reasonable; Remission can’t be revoked without following natural justice principles: SC
While considering the instant appeal concerning the legality of the conditions imposed while remitting the life sentence of the appellant in the exercise of powers under Section 432(1) of the Code of Criminal Procedure, 1973 (CrPC); the Division Bench of Abhay S. Oka* and Augustine George Masih, JJ., explained that Appropriate Government under Section 432(1), CrPC/ Section 473(1) of Nagarik Suraksha Sanhita, 2023 (BNSS) has the power to remit whole or any part of sentence of a convict either conditionally or without conditions. However, the conditions so imposed must be reasonable. If the conditions imposed are arbitrary, then they will stand vitiated due to violation of Article 14; furthermore, such arbitrary conditions may violate the convict’s rights under Article 21 of the Constitution. Read more
Gram Pradhan Election
[Gram Pradhan Election] Supreme Court directs fresh recount of votes; Appoints junior most lady advocate present in Court as Court Commissioner
In an election dispute pertining to Gram Pradhan election result at Sambal, Uttar Pradesh, the three- Judge bench comprising of Surya Kant, Dipankar Datta and Ujjwal Bhuyan, JJ. appointed Advocate Isha Nagpal as the Court Commissioner to visit the spot of re-counting and represent the court to ensure complete transparency. Further, the Court stayed the impugned order of the High Court to the extent it directs that the Election Petition be decided afresh as per the observations made therein, and directed the Election Tribunal-cum-Sub-Divisional Magistrate, Chandausi to conduct a fresh re-count of votes in the presence of the Court Commissioner on the date fixed i.e., 25-10-2024. Read more
Free Legal Aid
Supreme Court issues detailed directions to Legal Services Authorities over access to Free Legal Aid for prison inmates
The instant writ petition sought issuance of an appropriate Writ, Order or direction to the Union of India, States and the Union Territories to ensure that no prisoner is subjected to torture, cruel, inhumane and degrading treatment or punishment because of living in overcrowded and unhygienic conditions in jail; furthermore, a prayer was made for creating a permanent mechanism to decongest the overcrowded prisons. Read more
Insolvency process against Byju’s
Supreme Court overturns NCLAT judgment that closed insolvency process against Byju’s, following settlement with BCCI
In a civil appeal filed by US-based financial creditor Glas Trust Company (‘appellant’) against the judgment of the National Company Law Appellate Tribunal, (‘NCLAT’), wherein the Tribunal approved a settlement in relation to the dues payable to Think and Learn Pvt Ltd (Corporate debtor) the parent company of Byju’s , by the Board of Control for Cricket in India (‘BCCI’) and set aside the order of the National Company Law Tribunal (‘NCLT’) that initiated the corporate insolvency resolution process (‘CIRP’) against Think and Learn, the three Judge Bench of Dr DY Chandrachud*, CJI, J B Pardiwala and Manoj Misra, JJ. set aside the impugned judgment, and said that it would not be appropriate for this Court to adjudicate on the objections of the appellant to the settlement agreement on merits, as the issues raised are the subject matter of several litigations in different fora, including the Delaware Court and investigation by various authorities, including the Enforcement Directorate, which are pending. Read more
Dowry Death
Wife’s guilt under S. 498-A IPC can’t become a ground to hold husband guilty in absence of specific material on record: SC
While considering the instant appeal challenging Bombay High Court’s decision confirming the appellant’s conviction under Section 498-A of Penal Code, 1860 (IPC) and commutation of sentence imposed therefor to the period of imprisonment already undergone; the Division Bench of C.T. Ravikumar* and Sanjay Kumar, JJ., set aside the impugned judgment of the High Court, thereby acquitting the appellant of the offence under Section 498-A IPC. Read more
Guidelines for High Court Judges
Supreme Court issues guidelines for High Court Judges regarding time limit for pronouncement of judgments
While considering the instant appeal, wherein the appellant alleged that the relevant reasoned order for his case was passed after 1 year in 2024 and the same was ante-dated to project that it was passed in 2023; the Division Bench of Dipankar Datta* and Prashant Kumar Mishra, JJ., strictly observed the egregious breach of law by the Gujarat High Court in dealing with the appellant’s case. Read more
Guidelines for effective implementation of Prohibition of Child Marriage Act
Supreme Court issues comprehensive guidelines for effective implementation of Prohibition of Child Marriage Act: A detailed breakdown
In a writ petition filed by an NGO raising the grievance that despite the enactment of the Prohibition of Child Marriage Act, 2006 (‘PCMA’), the rate of child marriages in India is alarming the three-Judge Bench of Dr. DY Chandrachud*, CJI, JB Pardiwala and Manoj Misra, JJ. for the effective and useful implementation of the PCMA, laid down comprehensive guidelines. Read more
Citizenship
Cannot confer Indian citizenship to foreign citizens by doing violence to the plain language of Citizenship Act, 1955: SC
While considering the instant appeal concerning the grant of citizenship to the respondent, the Division Bench of Abhay S. Oka* and Agustine George Masih, JJ., said that the language used in the provisions of the Citizenship Act, 1955 is plain and simple, hence, the same should be given ordinary and natural meaning. “Moreover, we are dealing with a law which provides for the grant of citizenship of India to foreign nationals”. There is no scope to bring equitable considerations while interpreting such a statute as the language of Sections 5, 8 and 9 is plain and simple, hence there is no scope for its liberal interpretation. Citizenship of India cannot be conferred on foreign citizens by doing violence to the plain language of the 1955 Act. Read more
Did You Know? According to National Judicial Data Grid, there are about 64, 666 civil cases pending decisions before the Supreme Court.2
Appointment of Catering Supervisor
SC dismisses petition regarding challenge to the appointment of Catering Supervisor made only on basis of interview marks
The Division Bench of Sudhanshu Dhulia and Ahsanuddin Amanullah, JJ., dismissed SLP filed by Union of India challenging Gujarat High Court’s decision upholding Central Administrative Tribunal’s decision to allow the application seeking to challenge selection and appointment of Catering Supervisor based only on marks obtained in the interview. The Division Bench did not find any scope to interfere in the impugned judgment and order passed by the High Court. Read more
Murder
[1998 Brij Bihari Prasad murder] SC restores life sentence of former MLA Vijay Kr. Shukla & another; Acquits others on benefit of doubt
In set of criminal appeals one by the State of Bihar, through the Central Bureau of Investigation (‘CBI’), and the other by Rama Devi, the wife of one of the deceased— Brij Bihari Prasad, a member of the Bihar Legislative Assembly against a decision of the Patna High Court reversing the Trial Court’s decision convicting the nine accused persons, the three-Judge Bench of Sanjiv Khanna, Sanjay Kumar and R. Mahadevan, JJ. partially allowed the appeals and restored the Trial Court’s decision to convict the two of the accused persons (A-4 and A-8), including Vijay Kumar Shukla (former MLA Munna Shukla). The Court set aside the High Court’s decision in reference to these two accused persons, however, giving the benefit of doubt, the Court refused to interfere with the impugned decision in reference to the other accused persons. Read more
Know why Supreme Court decided to acquit and quash death sentence of 2012 Pune Triple Murder accused
Considering the instant appeal filed by the appellant accused in Pune Triple Murder case of 2012, challenging the confirmation of conviction and death sentence by Bombay High Court, the 3- Judge Bench of B.R. Gavai*, Prashant Kumar Mishra and K.V. Viswanathan, JJ., taking note of discrepancies in testimony of key prosecution witness and failure of prosecution to prove appellant’s guilt beyond reasonable doubt, quashed his conviction and sentence and deemed it fit to acquit him. Read more
Supreme Court commutes death sentence of father convicted for murdering his pregnant daughter over inter-caste marriage
While considering the instant appeal challenging Bombay High Court’s decision confirming death sentence to the appellant for murdering his pregnant daughter, the Division Bench of Aravind Kumar* and KV Viswanathan, JJ., took note of the appellant’s lack of criminal antecedents, presence of mitigating factors, medical reports and satisfactory behaviour with the prison inmates and opined that even though the crime committed by the appellant is unquestionably grave and unpardonable, it is not appropriate to affirm the death sentence that was awarded to him. Hence the Court was in favour of converting the death penalty to fixed sentence during which period the appellant would not be entitled to apply for remission. Read more
RG Kar Rape and Murder Case | WB Govt. must explain the legal source of authority for the recruitment of Civic Volunteers in the State: SC
The 3-Judge Bench of Dr DY Chandrachud, CJ, J.B Pardiwala and Manoj Misra, JJ., took note of the 5th Status Report filed by the CBI wherein it was stated that a chargesheet has been submitted against the primary accused on 7-10-2024 for alleged offences punishable under Sections 64, 66, 103(1) of the Nyaya Sanhita, 2023 (BNS) and that the ACJM, Sealdah, Kolkata has taken cognizance and committed the case to the Court of the Additional Sessions Judge, 1st Court, Sealdah. Read more
Did You Know? According to National Judicial Data Grid, there are about 18321 criminal cases pending decisions before the Supreme Court.3
S. 173(8) CrPC | ‘Frivolous & vexatious proceedings be met with due sanctions’; SC quashes further investigation order in decade-old murder case
In a criminal appeal against a decision of the Madras High Court, wherein by a cryptic order, the application for further investigation in a murder case was allowed, the Division Bench of BR Gavai and KV Viswanathan*, JJ. observed that a distinction should be made between cases where there exist genuine grounds to hold up the proceedings and cases where such grounds do not exist, and termed the case as classic example of latter. Hence, allowing the appeal, the Court set aside the impugned decision. The Court stated that the impugned judgment of the High Court gave no valid justification for ordering a further investigation. Read more
Tenant and Landlord dispute
[KMC (Regularisation of Building) Regulations] Supreme Court allows tenant to apply for regularisation with Kolkata Municipal Corporation of unauthorised construction
In a civil appeal filed by the appellant (Tenant) to apply for regularisation of the premises under the provisions of the Kolkata Municipal Corporation (Regularisation of Building) Regulations, 2015, the division bench of Abhay S. Oka and Augustine George Masih, JJ. permitted the appellant to make an application for regularisation before the appropriate Authority of the Kolkata Municipal Corporation within a maximum period of one month from the date of this order. Read more
Persons with Disabilities reservation
Quantified disability per se will not disentitle a candidate with benchmark disability from admission to educational institutions: Supreme Court
In a civil appeal regarding the rendering of a candidate ineligible for the Persons with Disabilities (‘PwD’) reservation or for pursuing a medical course as per the National Medical Commission (‘NMC’) Gazette notification, the three judge bench of BR Gavai, Aravind Kumar and KV Viswanathan*, JJ. held that quantified disability per se will not disentitle a candidate with benchmark disability from being considered for admission to educational institutions. The candidate will be eligible if the Disability Assessment Board (‘DAB’) opines that notwithstanding the quantified disability the candidate can pursue the course in question. The NMC regulations in the notification of 13-05-2019 read with Appendix H-1 should, pending the re-formulation by NMC, be read in the light of the holdings in this judgment. Read more
Did You Know? According to National Judicial Data Grid, total number of cases disposed last month, were 5, 666 out of which 1,982 were criminal cases and 3,684 were civil cases.4
Quashing FIR
Investigation should not be thwarted by quashing FIR alleging dishonest conduct of an accused: Supreme Court
While considering the instant appeal filed by the original complainant (appellant), against the decision of Jharkhand High Court whereby the Court had quashed the order of cognizance and all further proceedings for offences punishable under Ss. 406 and 420 of Penal Code, 1860; the Division Bench of J.B Pardiwala and Manoj Misra*, JJ., held that Court must apply its mind to the materials submitted in support of the police report before taking a call whether the FIR and consequential proceedings should be quashed or not; more so, when the FIR alleges an act which is reflective of dishonest conduct of the accused. Thus, when the FIR alleges dishonest conduct on the part of the accused which, if supported by materials, would disclose commission of a cognizable offence, investigation should not be thwarted by quashing the FIR. Read more
Medical negligence
Post-surgery deterioration not automatically indicative of medical negligence; Supreme Court overturns NCDRC order
In appeals filed against the judgment passed by National Consumer Disputes Redressal Commission (‘NCDRC’), wherein it was held that the doctor was apparently negligent in not giving proper treatment and was also careless in not performing the repeat eye surgery, the division bench of Pamidighantam Sri Narasimha and Pankaj Mithal, JJ. while setting aside the impugned judgment, held that simply for the reason that the patient has not responded favourably to the surgery or the treatment administered by a doctor or that the surgery has failed, the doctor cannot be held liable for medical negligence straightway by applying the doctrine of Res Ipsa Loquitor unless it is established by evidence that the doctor failed to exercise the due skill possessed by him in discharging of his duties. Read more
Land dispute
Read why SC reversed Karnataka HC’s decision directing HMT & Defence Ministry to return acquired land to landowner’s successors
In a batch of civil appeals by HMT Ltd. and Union of India and its officials in its Defence department, against the decision of the Division Bench of the Karnataka High Court, directing the present appellants/ respondents in writ appeal to vacate and handover the identified land to the present respondents/writ petitioners or, in the alternative, the Union of India and to jointly and severally liable to pay the current guidance value of the land, as fixed by the State Government for non-agricultural land in square feet, the Division Bench of Sanjiv Khanna and Sanjay Kumar*, JJ. set aside the impugned decision, noting that the respondents/writ petitioners cleverly withheld the details to maintain their claim against the Union of India and its Defence department, the original respondents in the writ petition. Read more
Mortgage by deposit of title deeds as security
Inside SC’s verdict on mortgage by deposit of title deeds & imposition of Rs. 1.2 Lakhs costs for legal misadventure
In a set of two civil appeals against the decisions of the Madras High Court allowing the respondent’s appeal and quashing the Single Judge’s decision and dismissing the present appellant’s appeal vide the second decision, the Division Bench of Hima Kohli and Ahsanuddin Amanullah, JJ. set aside both impugned orders and restored the Single Judge’s decision with a slight modification i.e., a reduction in the rate of interest which was claimed by and allowed to the appellant. The Court upheld the Single Judge’s decision, that, the respondent had, by way of the Agreement, created a mortgage by deposit of title deeds as security. Read more
Disciplinary proceedings
Supreme Court overturns Kerala HC’s order for disciplinary proceedings against Lakshadweep Judicial Officer, citing lack of consideration for key records in the case
In a matter pertaining to discharge of judicial duties by the appellant, who served as Sub-Judge-cum-Chief Judicial Magistrate in the Union Territory of Lakshadweep, the division bench of Hrishikesh Roy and SVN Bhatti, JJ. set aside the orders for disciplinary proceedings against a judicial officer, stating that the Kerala High Court did not take into account the relevant records regarding the case that was allegedly mishandled by him. This oversight rendered the initiation of disciplinary proceedings legally invalid. Read more
Condonation of delay
Condonation of delay by NCLAT | Free & paid certified copy of final orders are on the same footing as per Rule 50 of NCLT Rules: SC
While deliberating over the instant appeal revolving around the interpretation of Rule 50 of National Company Law Tribunal Rules, 2016 (NCLT Rules) and Rule 22 of National Company Law Appellate Tribunal Rules, 2016 (NCLAT Rules); the Division Bench of D.Y. Chandrachud, CJ., and Manoj Misra, JJ., clarified and held that the provisions of Rule 50 of the NCLT Rules, place both the free certified copy of NCLT’s final order as well as the certified copy which is applied for on payment of fees, on the same footing. Read more
Service Law
[Dispute over seniority rankings] Supreme Court rules on impact of retrospective government orders on engine factory promotions
In a civil appeal against the judgment passed by Madras High Court, whereby the Court reversed the judgment passed by the Central Administrative Tribunal, rejecting the Original Application, challenging the proposed action of revision and fixation of appellants seniority in the Engine Factory, the division bench of Sandeep Mehta and R. Mahadevan, JJ. while upholding the impugned judgment viewed that the subsequent Government Order dated 4-08-2015 cannot be read as a clarification and therefore cannot be made applicable retrospectively. The said GO has substantively modified the position governing seniority in the Industrial Establishments by reviving the earlier OM, and supersedes the orders/circulars, which were holding the field over more than a decade. Therefore, giving retrospective effect to the GO dated 4-08-2015 would have catastrophic effect on the seniority of the entire cadre. Read more
[Delhi Education Rules] NDMC not responsible for salaries upon unlawful closure of School by DSGMC: Supreme Court
In a civil appeal filed by New Delhi Municipal Council (‘NDMC’) and Delhi Sikh Gurdwara Management Committee (‘DSGMC’) against a judgment passed by the Delhi High Court, wherein the Court directed NDMC to reimburse the pay and perquisites including the pension and other benefits accruing to the staff of the school and then to recover the same from DSGMC, the division bench of Hima Kohli and Sandeep Mehta*, JJ. held that NDMC would not be liable for absorption and payment of benefits to the excess staff of the school run by the DSGMC on account of the closure of the school done by the DSGMC without the prior approval of the NDMC. Read more
Reliance on oral instructions may lead to factual errors; Parties must furnish accurate information to Court in writing: SC
While considering the instant appeal concerning grant on interest on delayed payment of revised pension to the appellants based on oral instructions, the Division Bench of Pankaj Mithal and R. Mahadevan*, JJ., observed that each party should present truthful and accurate information to the court to facilitate fair adjudication. Such information should be provided in the form of writing. Relying on the oral instructions may lead to factual errors, misunderstanding / misrepresentations, etc., ultimately compromising the integrity of the judicial process. Misleading representations not only affect the parties involved, but also erode public trust in the judicial system as a whole. Read more
Order of Admonition
When SC ordered monetary compensation for unnecessary litigation for overtaking senior’s vehicle at railway crossing
The instant appeal was filed by the appellant who was admonished for overtaking his senior’s vehicle at railway crossing, seeking compensation for a wrongful order and expressing dissatisfaction at the quashment of order of admonition against him; the Division Bench of PS Narasimha* and Sandeep Mehta, JJ., observed that when the institutions that grow beyond proportion, officers act mechanically and many a times helplessly, ignore the simple and readily available remedies that are available in normal lives. Read more
Article 14 of Constitution
Supreme Court strikes down Khalsa University (Repeal) Act for violating Article 14
In an appeal challenging the final judgment and order passed by the Division Bench of the Punjab and Haryana High Court, whereby the High Court dismissed the writ petition filed by Khalsa University and the Khalsa College Charitable Society praying for quashing “The Khalsa University (Repeal) Act 2017”, the division bench of BR Gavai* and KV Viswanathan, JJ. held that the Impugned Act singled out the Khalsa University amongst 16 private Universities in the State and no reasonable classification has been pointed out to discriminate the Khalsa University against the other private Universities. Thus, while setting aside the same, the Court held that the Impugned Act would be discriminatory and violative of Article 14 of the Constitution. Read more
2013 assault case
SC exempts 4 convicts from surrendering before Trial Court in 2013 assault case while it decides credibility of injured witness who improved version
In a criminal special leave petition against a decision of the Calcutta High Court, wherein the High Court, relying upon the witness of the injured person and giving credibility to her husband’s witness and herself, partially allowed the convicts’ plea and refused to interfere with the sentence imposed on convict 1 and reduced the sentences of convicts 2 to 4 and upheld the conviction by the Trial Court for offences under Sections 448/325/34 of the Penal Code, 1860 (‘IPC’), the Division Bench of MM Sundresh and Aravind Kumar, JJ. issued notice and exempted the convicts from surrendering. Read more
Ration Cards
Supreme Court sternly directs States/UTs to issue Ration Cards to eligible & entitled migrant labourers positively before 19-11-2024
While considering the matter concerning issuing ration cards to migrant labourers, the Division Bench of Sudhanshu Dhulia and Ahsanuddin Amanullah, JJ., directed that all such persons who are eligible/entitled for Ration Cards/ foodgrains as per the National Food Security Act, 2013 (NFSA) and have been identified as such by the respective States/Union Territories, must be issued Ration Cards before 19-11-2024. The Court also directed that such eligible labourers should be provided with foodgrains forthwith. Expressing its displeasure, the Court said that “Patience may be a virtue — but ours is nearing its end”. Read more
Bail
Supreme Court grants bail to POCSO accused after five months in custody
In an appeal challenging the order passed by the Rajasthan High Court, wherein the Court refused to grant bail to the accused charged for offences punishable under Sections 354(D), 506, 363, 366, 376, 511 and 34 of the Penal Code, 1860 and Sections 7 read with Section 8 and Section 11 read with Section 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, the division bench of B.V. Nagarathna and Nongmeikapam Kotiswar Singh, JJ. released the accused on bail. Read more
Supreme Court grants bail to murder accused after two years; Notes six co-accused already released
In a special leave petition filed against the judgment and order passed by the Rajasthan High Court, wherein the High Court rejected the 5th bail application filed by the accused, who was a young boy of merely 18 years of age at the time of commission of offence, the division bench of Vikram Nath and Prasanna B. Varale, JJ. while noting that the accused has been in custody for more than two years, and six accused persons have already been granted bail including the main assailant who had used the firearm weapon, released him on bail. Read more
Supreme Court overturns Patna HC Order postponing bail implementation for six months
In a special leave petition filed against the order of Patna High Court, wherein without deciding the matter on merits, the High Court has granted the bail to the accused, subject to the condition that the accused shall furnish the bail bonds after six months of the passing of the order, the division bench of Bela M. Trivedi and Satish Chandra Sharma, JJ. said that there are no reasons assigned as to why the implementation of the order granting bail was postponed for six months. The Bench opined that no such condition could be imposed for grant of bail to a person/accused. If the Court is satisfied on merits, it should grant bail or otherwise, reject the same. Read more
Taxation
Section 3(1), TOLA overrides Section 149 of Income Tax Act only to the extent of relaxing time limit for issuance of a reassessment notice: SC
While deliberating over the instant appeals focusing over the interplay of the Income Tax Act 1961, the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TOLA), and the Finance Act 2021; the Court had to consider the following issues:
- Whether TOLA and notifications issued under it will also apply to reassessment notices issued after 1 April 2021?
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Whether the reassessment notices issued under Section 148 of the new regime between July and September 2022 are valid? Read more
Dalit student’s IIT fee issue
Supreme Court invokes Article 142 to aid Dalit student’s IIT fee issue; Grants admission to original allotment batch
In a matter concerning the unjust denial of admission to a deserving candidate from a marginalized community at Indian Institute of Technology, Dhanbad, the three-Judge bench of Dr Dhananjaya Y Chandrachud, CJI, J B Pardiwala, and Manoj Misra, JJ. while invoking its powers under Article 142 of the Constitution, directed the authorities concerned to grant admission to the student at IIT Dhanbad against the seat which was allotted to him in the branch of Electrical Engineering, to the same batch to which he would have been admitted in pursuance of the order of allotment. Read more
Never Reported Judgments
NRJ Series | SC normally does not interfere with concurrent findings of fact; phrases like “conscience of Court being satisfied” cannot convert question of fact into law
In a case where the genuineness of a will was put in question, the three-Judges Bench of M.C. Mahajan, CJ., and Vivian Bose* and Ghulam Hasan, JJ., noted that the will was scribed by one Krishanji Benadikar and was attested by six persons. Five of them were dead, but one survivor was called as a witness. The Supreme Court stated that these witnesses were believed by the lower courts and that ends the matter, as the Supreme Court did not normally interfere on the concurrent finds of fact. Read more
NRJ Series | Confession of co-accused not substantive evidence in itself but can be considered to lend assurance to existing circumstantial evidence
In an appeal filed by the appellant against his conviction by the Sessions Judge, Ratnagiri (‘Sessions Judge’) of the offences under Sections 120-B1 and 411 of the Penal Code, 1860 (‘IPC’), the three-Judges Bench of N.H. Bhagwati*, B. Jagannadhadas and T.L. Venkatarama Ayyar, JJ., stated the circumstances were enough to establish that the appellant was guilty of a conspiracy with Accused 1 in the commission of the offence under Section 4093 of IPC. Further, the confession of the Accused 1 was also brought to aid by the Sessions Judge as lending assurance to the evidence regarding the complicity of the appellant in the offence. The Supreme Court stated that though the confession could not be used as substantive evidence, but if the circumstances set out were sufficient to establish the complicity of the appellant, the confession of Accused 1 could certainly be taken into consideration as lending assurance to establish the guilt of the appellant. Read more
NRJ Series | When SC discussed Central Govt’s power to make provisions related to import of goods under Imports and Exports Control Act, 1947
In a petition filed under Article 32 of the Constitution against the order dated 29-5-1953 passed by the Chief Controller of Imports and Exports and the order dated 11-1-1954/12-1-1954 passed by the Deputy Chief Controller of Imports and Exports, New Delhi, the five-Judges Bench of B.K. Mukherjea, S.R Das, N.H. Bhagwati*, B. Jagannadhadas and T.L. Venkatarama Ayyar, JJ., stated that under Section 3(1) of the Imports and Exports Control Act, 1947 (‘the Act’), it was open to the Central Government to make provision for prohibiting, restricting or otherwise controlling in all cases or in specified classes of cases the import of goods of any specified description. Whatever was comprised within this power could be the subject matter of a notified order. However, the scope of that power was strictly limited to the prohibiting, restricting or otherwise controlling of the imports of goods. Read more
NRJ Series | Mere proof of outstandings at one time not sufficient to establish if it is due to ancestral estate, or to person re-investing/dealing in ancestral estate income
The issue in the present appeal was “whether the properties in dispute belong to the estate of Chennayya, in which case appellants who were his daughter’s sons would be entitled to them as his heirs, or whether they were the absolute properties of Venkatamma, in which case respondent, being her grandson, would get them by right of inheritance?”. The 4-Judges Bench of B.K. Mukherjea, Vivian Bose, Ghulam Hasan, T.L. Venkatarama Ayyar*, JJ., held that the admission related to properties were subject matter of previous suit and appellant could not lay claim to other items of properties based on the admission of Venkatamma. The Supreme Court held that mere proof of outstandings at a particular time was not sufficient to establish whether they were outstandings due to ancestral estate, or to the person re-investing and dealing in income of the ancestral income. It was necessary to establish that the outstandings in question were outstandings of the ancestral estate to be considered as part of its corpus. Read more
Appointments and Transfers
Justice Sanjiv Khanna set to take oath as the 51st Chief Justice of India on November 11
SCC Weekly
1. National Judicial Data Grid
2. National Judicial Data Grid
