Supreme Court of India

17,225 judgments

Year:

H. Vasanthi v. A. Santha

16 Aug 2023 · Bela M. Trivedi; S.V.N. Bhatti

The Supreme Court held that an unmarried daughter's coparcenary status under Section 29A does not entitle her to partition of property effectively severed from the joint family estate by prior valid partition and sale.

property appeal_dismissed Significant coparcenary Hindu Succession Act Section 29A partition

Pesala Nookaraju v. The Government of Andhra Pradesh & Ors.

16 Aug 2023 · Dhananjaya Y. Chandrachud; J. B. Pardiwala; Manoj Misra · 2023INSC734
Cites 1 · Cited by 2

The Supreme Court clarified that the three-month limit in Section 3(2) of the Andhra Pradesh Prevention of Dangerous Activities Act applies to delegation of power to issue detention orders, not the detention period itself, and upheld the validity of a 12-month preventive detention order following due procedure.

criminal appeal_dismissed Significant preventive detention Section 3(2) Andhra Pradesh Prevention of Dangerous Activities Act bootlegger public order

DHARMIN BAI KASHYAP v. BABLI SAHU

16 Aug 2023 · Bela M. Trivedi; S.V.N. Bhatti · 2023 INSC 712

The Supreme Court held that an election petition seeking only recounting of votes without claiming reliefs under Rule 6 of the Chhattisgarh Panchayats Rules, 1995 is not maintainable and dismissed the appeal challenging the High Court's order setting aside the recounting.

administrative appeal_dismissed Significant Election Petition Recounting of votes Chhattisgarh Panchayat Raj Adhiniyam, 1993 Rule 6 of Rules of 1995

Central Council for Research in Ayurvedic Sciences & Anr. v. Bikartan Das & Ors.

16 Aug 2023 · Dhananjaya Y. Chandrachud; J. B. Pardiwala

The Supreme Court held that the enhanced retirement age of 65 years for AYUSH doctors under the Ministry of AYUSH does not automatically apply to employees of autonomous bodies like CCRAS whose retirement age is governed by their Bye-Laws.

administrative appeal_allowed Significant age of superannuation autonomous body Fundamental Rules 56(bb) Central Council for Research in Ayurvedic Sciences

State of Karnataka Lokayukta Police v. S. Subbegowda

16 Aug 2023 · Aniruddha Bose; Bela M. Trivedi · 2023 INSC 669

The Supreme Court held that a High Court cannot discharge an accused under Section 482 CrPC after charges are framed and trial has progressed, without finding failure of justice due to sanction irregularity under the Prevention of Corruption Act.

criminal appeal_allowed Significant sanction for prosecution Prevention of Corruption Act Section 19(3) and (4) failure of justice

Commissioner of Service Tax, Mumbai v. 3I Infotech Ltd.

14 Aug 2023 · Abhay S. Oka; Sanjay Karol · 2023 INSC 711

The Supreme Court held that service tax demands must be based on correct classification of taxable services, dismissed Revenue's appeal on erroneous classification, and upheld CESTAT's findings subject to reconsideration of SEZ exemption claims.

tax appeal_dismissed Significant service tax Finance Act, 1994 Intellectual Property Service Information Technology Software

Manoj Kumar Soni v. The State of Madhya Pradesh

11 Aug 2023 · S. Ravindra Bhat; Dipankar Datta · 2023 INSC 705
Cites 0 · Cited by 1

The Supreme Court set aside convictions under Sections 411 and 120-B IPC due to unreliable disclosure statements, hostile seizure witnesses, improper trial procedure, and absence of conspiracy agreement.

criminal appeal_allowed Significant Section 411 IPC Section 120-B IPC disclosure statement Section 27 Evidence Act

M/S LARSEN AIR CONDITIONING AND REFRIGRATION COMPANY v. UNION OF INDIA

11 Aug 2023 · S. Ravindra Bhat; Dipankar Datta · 2023 INSC 708

The Supreme Court held that courts lack jurisdiction to reduce the statutory 18% interest awarded by an arbitral tribunal under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996, and reinstated the original interest rate in the award.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 31(7)(b) Interest rate on arbitral award Judicial interference in arbitration

Union of India v. K. Pushpavanam

11 Aug 2023 · Abhay S. Oka; Sanjay Karol · 2023 INSC 701

The Supreme Court held that courts cannot compel the legislature or executive to enact laws or confer statutory status on bodies, limiting judicial mandamus to recommendations and advisory directions.

constitutional appeal_allowed Significant writ of mandamus legislative mandate Law Commission of India Liability in Tort

Devesh Sharma v. Union of India

11 Aug 2023 · Aniruddha Bose; Sudhanshu Dhulia · 2023 INSC 704
Cites 1 · Cited by 0

The Supreme Court upheld the Rajasthan High Court's quashing of the NCTE notification including B.Ed. as a qualification for primary school teachers, holding it arbitrary and contrary to the Right to Education Act and constitutional mandate for quality education.

constitutional appeal_dismissed Significant Right to Education Act, 2009 National Council for Teacher Education B.Ed. qualification Diploma in Elementary Education

Sathyan v. State of Kerala

11 Aug 2023 · Abhay S. Oka; Sanjay Karol · 2023 INSC 703

The Supreme Court upheld conviction under Section 8 of the Abkari Act based on reliable official witnesses despite delay and absence of independent witnesses, but reduced the sentence considering the prolonged trial period.

criminal appeal_partly_allowed Significant Section 8 Abkari Act official witnesses independent witnesses delay in investigation

Kalubhai Khatubhai v. State of Gujarat

10 Aug 2023 · Bela M. Trivedi; Dipankar Datta · 2023 INSC 713

The Supreme Court restored the Reference Court's higher compensation award for land acquired for the Narmada Project, emphasizing fair market value and equal treatment of similarly situated landowners.

property appeal_allowed Significant Land Acquisition Act, 1894 compensation market value Reference Court

Balla @ Farhat v. State of Madhya Pradesh

10 Aug 2023 · Abhay S. Oka; Sanjay Karol

The Supreme Court acquitted accused for offences under Sections 411 and 120B IPC due to lack of evidence of conspiracy and recovery of stolen property, emphasizing that conspiracy requires agreement between two or more persons.

criminal appeal_allowed Significant criminal conspiracy Section 120B IPC dishonestly receiving stolen property Section 411 IPC

Imtiyaz Ahmad Malla v. The State of Jammu and Kashmir and Others

09 Aug 2023 · Ajay Rastogi; Bela M. Trivedi · 2023 INSC 179

The Supreme Court upheld the cancellation of a police constable’s appointment due to criminal antecedents despite acquittal, emphasizing that only an honourable acquittal entitles reinstatement and the police authority’s suitability decision is final unless mala fide.

administrative appeal_dismissed Significant honourable acquittal criminal antecedents police recruitment Screening Committee

ASSISTANT WILD LIFE WARDEN v. K. K. MOIDEEN

09 Aug 2023 · Abhay S. Oka; Rajesh Bindal · 2023 INSC 696

The Supreme Court remitted the matter to the High Court for fresh examination of entitlement to sale proceeds after seized rosewood logs and lorry were sold during litigation under the Kerala Forest Act, 1961.

criminal other Significant Kerala Forest Act, 1961 confiscation rosewood logs illicit transport

DEV GUPTA v. PEC UNIVERSITY OF TECHNOLOGY

09 Aug 2023 · S. RAVINDRA BHAT; ARAVIND KUMAR · 2023 INSC 695
Cites 1 · Cited by 0

The Supreme Court held that imposing a uniform 75% minimum academic eligibility criterion for sports quota admissions is arbitrary and discriminatory, directing admissions be made based on sports merit consistent with the sports policy.

constitutional appeal_allowed Significant sports quota eligibility criteria minimum marks Article 14

Hind Offshore Pvt. Ltd. v. IFFCO – Tokio General Insurance Co. Ltd.

09 Aug 2023 · A.S. Bopanna; M.M. Sundresh · 2023 INSC 697

The Supreme Court upheld the insurer's denial of a marine insurance claim due to the insured's breach of class warranty by failing to disclose prior vessel damage to the Classification Society, invalidating the Class Certificate and discharging insurer liability.

insurance appeal_dismissed Significant Marine Insurance Act 1963 class warranty Classification Society American Bureau of Shipping

Jaipur Development Authority v. State of Rajasthan

09 Aug 2023 · Abhay S. Oka; Sanjay Karol · 2023 INSC 700
Cites 0 · Cited by 4

The Supreme Court remanded the National Green Tribunal's order on interim environmental compensation for lack of reasons, directing reconsideration of the quantum after hearing parties.

administrative appeal_partly_allowed Significant National Green Tribunal interim compensation environmental compliance quantum of compensation

Government of Kerala v. Joseph

09 Aug 2023 · Abhay S. Oka; Sanjay Karol · 2023 INSC 693

The Supreme Court set aside the High Court's grant of adverse possession over Government land due to insufficient evidence and procedural infirmities, restoring the First Appellate Court's decision dismissing the claim.

civil appeal_allowed Significant adverse possession Government land Kerala Land Conservancy Act, 1957 Section 20

Bhagyoday Cooperative Bank Ltd v. Ravindra Balkrishna Patel

08 Aug 2023 · K. M. Joseph; Hrishikesh Roy · 2022 INSC 1210
Cites 1 · Cited by 0

The Supreme Court held that a deemed decree under the Gujarat Co-operative Societies Act arising from arbitration can be executed in any competent court without transfer, and that attachment under Order 21 Rule 46 is mandatory before garnishee orders, but money deposited in court must be dealt with under Order 21 Rule 52.

civil appeal_allowed Significant execution petition deemed decree Section 103 Gujarat Co-operative Societies Act Order 21 Rule 46 CPC