Tag: justice Nagarathna

Supreme Court Quashes FIR in Land Deal Fraud Case Citing Civil Settlement
21Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes FIR in Land Deal Fraud Case Citing Civil Settlement

In this judgment, the Supreme Court exercised its plenary power under Article 142 of the Constitution to quash criminal proceedings solely against the appellant, based on a full and final settlement between the private parties. The Court clarified that such quashing would not impede the prosecution of other accused, who must be pursued independently. Facts Of The Case: The case originated from a dispute over the sale of a plot of land in Burari, Delhi. Respondent No. 2, while searching for land to build a house, was introduced by the appellant, Mool Chand, who claimed to be a reputed real estate agent. The appellant represented that he had an encumbrance-free plot suitable for the complainant, owned by his associate, accused No. 2, who needed urgent funds. Consequently,...
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No Dismissal for Honourably Acquitted Employee: Supreme Court Upholds Fair Play, Awards Family Pension
13Feb By The Legal ChamberNo Comments
Supreme Court

No Dismissal for Honourably Acquitted Employee: Supreme Court Upholds Fair Play, Awards Family Pension

The Supreme Court held that dismissal from service for suppression of involvement in a criminal case was disproportionate, despite misconduct being proved. The punishment was modified to compulsory retirement, entitling the deceased appellant’s legal representatives to arrears of pension and family pension. Acquittal with a specific finding of alibi further warranted penalty modulation. Facts Of The Case: The appellant was appointed as a Constable in the Railway Protection Force in 1994. In 2007, an FIR was registered against him, his father, and brothers under Sections 363 and 366 IPC for alleged abduction of a girl. The charge-sheet was initially filed only against his brother, but in 2010, the appellant was summoned under Section 319 CrPC, and charges were framed against him. Immediat...
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Liberty to Sue Doesn’t Mean Relitigation: Supreme Court Restores Appeal in Ryotwari Act Dispute
12Feb By The Legal ChamberNo Comments
Supreme Court

Liberty to Sue Doesn’t Mean Relitigation: Supreme Court Restores Appeal in Ryotwari Act Dispute

The Supreme Court held that High Courts under Section 100 CPC must frame only correct and appropriate substantial questions of law; erroneous formulation vitiates the second appellate judgment. Liberty to sue reserved in statutory proceedings does not permit reconsideration of concluded issues. Matter remanded for fresh admission and framing of proper substantial questions. Facts Of The Case: The dispute originated from proceedings under the Tamil Nadu Inam (Abolition and Conversion into Ryotwari) Act, 1963, concerning land in Tamil Nadu. The appellant-temple authority obtained patta grants in its favour through orders passed under the Act. However, when the matter reached the High Court in its appellate statutory capacity, the Court by order dated 22.09.1989 confirmed the grant of patta...
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Supreme Court Draws the Line: When a Business Dispute Becomes a Civil, Not Criminal, Matter
10Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Draws the Line: When a Business Dispute Becomes a Civil, Not Criminal, Matter

The Supreme Court quashed criminal proceedings under Sections 406/420 IPC, holding that the complaint failed to establish essential ingredients. Allegations did not demonstrate dishonest inducement for cheating nor fraudulent misappropriation for criminal breach of trust. The Court emphasized that criminal law cannot be used to settle civil disputes or for vindictive prosecution. Facts Of The Case: The appellant, Inder Chand Bagri, and four others, including the complainant-respondent No. 1 Jagadish Prasad Bagri, formed a partnership firm in 1976. The appellant contributed his land to the firm for constructing godowns, which were leased to the Food Corporation of India. A supplementary agreement in 1981 permitted the appellant to use the land for his benefit, stipulating it would r...
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Forest Fire Deaths Not Culpable Homicide, Supreme Court Discharges Forester
6Feb By The Legal ChamberNo Comments
Supreme Court

Forest Fire Deaths Not Culpable Homicide, Supreme Court Discharges Forester

The Supreme Court allowed the appellant's discharge, holding that the deaths resulted from a forest fire (vis major) and no criminal negligence or intent was attributable to him. Consequently, the invocation of Sections 304 (Part II), 304A, 326, and 338 of the Indian Penal Code was found to be unwarranted on the facts of the case. Facts Of The Case: The case arose from a tragic 2018 forest fire in Kurangani, Tamil Nadu, which caused multiple fatalities and injuries during a trekking expedition. The appellant, a Forester, was accused No. 1. The prosecution alleged that he, while entrusted with additional charge of the Mandal Division, facilitated a trekking group from Erode by instructing a local watcher to accompany them. It was further alleged that trekking fees were paid into his p...
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Supreme Court Allows Older Couples to Continue Surrogacy if Embryos Frozen Before 2022
27Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Allows Older Couples to Continue Surrogacy if Embryos Frozen Before 2022

The Supreme Court held that the age restrictions under Section 4(iii)(c)(I) of the Surrogacy (Regulation) Act, 2021, do not apply retrospectively. Intending couples who had commenced the surrogacy process—specifically by creating and freezing embryos—before the Act's enforcement retain their vested right to continue the procedure, irrespective of subsequently exceeding the statutory age limits. Facts Of The Case: The case consolidates three petitions concerning age restrictions for intending couples under the Surrogacy (Regulation) Act, 2021. In the first, a couple married in 2019 began IVF treatment in 2020 but were advised to use surrogacy due to the wife’s medical history. Their embryos were frozen in January 2021, but the process was stalled by the pandemic before the Act, with its a...
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Supreme Court Rules: How a Tax Exemption for Local Manufacturers Failed the Constitutional Test
19Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: How a Tax Exemption for Local Manufacturers Failed the Constitutional Test

This Supreme Court judgment struck down a Rajasthan VAT exemption notification for violating Article 304(a) of the Constitution. The Court held that granting a tax exemption exclusively to locally manufactured asbestos goods, without a valid justification discernible from the notification itself, constituted discriminatory protectionism against imported goods and was not a permissible differentiation. Facts Of The Case: The appellants, manufacturers of asbestos cement products with manufacturing units outside Rajasthan but sales depots within the state, challenged a Rajasthan Government notification dated 09.03.2007. This notification granted an exemption from Value Added Tax on the sale of asbestos cement sheets and bricks manufactured within Rajasthan, provided they contained 25% or mo...
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Supreme Court: 20-Year Life Sentence Means Release After 20 Years, No Remission Needed
16Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court: 20-Year Life Sentence Means Release After 20 Years, No Remission Needed

The Supreme Court ruled that a "life imprisonment" sentence specifying a fixed term of "actual imprisonment without remission" is a determinative sentence. Upon completing that fixed term, the convict is entitled to automatic release and need not apply for remission. Any detention beyond this period violates Article 21 of the Constitution. Facts Of The Case: Sukhdev Yadav was convicted for the 2002 murder of Nitish Katara, alongside Vikas and Vishal Yadav. In 2015, the Delhi High Court, while upholding his life sentence, specifically modified it to "life imprisonment which shall be 20 years of actual imprisonment without consideration of remission." This fixed-term sentence was later affirmed by the Supreme Court. Sukhdev Yadav completed this mandated 20-year period of actual inc...
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Complete Justice: Supreme Court Uses Special Powers to End Family Dispute, Quashes FIR After Settlement
16Sep By The Legal ChamberNo Comments
Supreme Court

Complete Justice: Supreme Court Uses Special Powers to End Family Dispute, Quashes FIR After Settlement

The Supreme Court, invoking its powers under Article 142 of the Constitution, quashed the criminal proceedings. It held that continuing prosecution after a mutual divorce and full settlement serves no legitimate purpose and amounts to an abuse of the process of law, especially in the absence of specific allegations. Facts Of The Case: The case originated from an FIR (No.67 of 2019) registered by the second respondent against her husband (appellant No.1) and in-laws (appellant Nos. 2 & 3) under Sections 323, 406, 498-A, and 506 of the IPC, alleging cruelty, criminal breach of trust, and criminal intimidation. The marriage, solemnized in March 2018, lasted approximately ten months before the wife left the matrimonial home. Subsequently, a chargesheet was filed in November 2019. However...
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Key Income Tax Ruling: Supreme Court Divided on Limitation Period Under Sections 144C & 153
11Sep By The Legal ChamberNo Comments
Supreme Court

Key Income Tax Ruling: Supreme Court Divided on Limitation Period Under Sections 144C & 153

The Supreme Court delivered a split verdict on the interplay between Sections 144C and 153 of the Income Tax Act, 1961. The key legal question was whether the detailed procedure and timelines under Section 144C for eligible assessees operate within or in addition to the limitation period prescribed under Sections 153 for passing assessment orders. The divergence of opinion led to the matter being referred to a larger bench for final determination. Facts Of The Case: The case involved several foreign companies, including Shelf Drilling Ron Tappmeyer Ltd., engaged in oil exploration in India. For Assessment Years 2014-15 and 2018-19, the companies filed returns declaring losses. Their cases were selected for scrutiny, and the Assessing Officers passed draft assessment orders ...
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