Supreme Court of India

8,449 judgments

Year:

CC and CE and ST, NOIDA v. M/s Interarch Building Products Pvt. Ltd.

02 May 2023 · M. R. Shah; Krishna Murari

The Supreme Court held that service tax on works contract services must be paid on the service portion as per Rule 2A or Composition Scheme, disallowing CENVAT Credit on inputs if tax is paid on entire contract value including goods.

tax appeal_allowed Significant works contract service service tax CENVAT Credit Rule 2A

Omprakash Sahni v. Jai Shankar Chaudhary & Anr.

02 May 2023 · M. R. Shah; J. B. Pardiwala

The Supreme Court set aside the High Court's order suspending life sentences and granting bail to murder convicts, holding that suspension of sentence post-conviction is exceptional and the High Court erred in reappreciating evidence at the bail stage.

criminal appeal_allowed Significant Section 389 CrPC suspension of sentence post-conviction bail murder

Omprakash Sahni v. Jai Shankar Chaudhary & Anr.

02 May 2023 · M. R. Shah; J. B. Pardiwala
Cites 0 · Cited by 3

The Supreme Court set aside the High Court's order suspending life sentences and granting bail to murder convicts, holding that suspension of sentence under Section 389 CrPC is an exceptional relief requiring cogent reasons and should not involve reappreciation of evidence.

criminal appeal_allowed Significant Section 389 CrPC Suspension of sentence Bail after conviction Murder under Section 302 IPC

Haryana State v. Heera Singh

02 May 2023 · M. R. Shah; C. T. Ravikumar

The Supreme Court set aside the High Court's order deeming land acquisition complete under the 2013 Act and remanded the matter for fresh consideration in light of possession, title, and statutory conditions.

property appeal_allowed Significant land acquisition deemed acquisition Land Acquisition Act 1894 Land Acquisition, Rehabilitation and Resettlement Act 2013

The State of Haryana & Ors v. Hira Singh

02 May 2023 · M.R. Shah; C.T. Ravikumar

The Supreme Court set aside the High Court's order declaring land acquisition lapsed and remanded the cases for fresh consideration of possession and compensation issues under the 2013 Act and relevant precedent.

property appeal_allowed Significant land acquisition deemed lapse Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 Section 24(2)

Moser Baer Karamchari Union v. Union of India

02 May 2023 · M.R. Shah; Sanjiv Khanna · 2023 INSC 479

The Supreme Court upheld the constitutional validity of the IBC's waterfall mechanism capping workmen's dues to 24 months and excluding Companies Act provisions in liquidation, affirming legislative intent and economic policy balance.

constitutional petition_dismissed Significant Insolvency and Bankruptcy Code, 2016 Companies Act, 2013 Section 327(7) Section 53 IBC

Moser Baer Karamchari Union v. Union of India

02 May 2023 · M. R. Shah; Sanjiv Khanna

The Supreme Court upheld the constitutional validity of the IBC's waterfall mechanism and Section 327(7) of the Companies Act, 2013, affirming that insolvency proceedings under the IBC supersede preferential payment provisions of the Companies Act and that the classification of workmen's dues is reasonable and constitutionally valid.

corporate petition_dismissed Significant Insolvency and Bankruptcy Code, 2016 Companies Act, 2013 Section 327(7) Section 53 waterfall mechanism

Municipal Commissioner, Jamnagar Municipal Corporation v. R. M. Doshi

02 May 2023 · M. R. Shah; J. B. Pardiwala · 2023 INSC 474

The Supreme Court held that a dismissal order passed without delegated authority is void but can be validated by subsequent ratification by the competent authority, thereby upholding the Municipal Commissioner's order of dismissal against the City Engineer.

administrative appeal_allowed Significant disciplinary authority delegated power dismissal order ratification

Municipal Commissioner, Jamnagar Municipal Corporation v. R.M. Doshi

02 May 2023 · M.R. SHAH; J.B. PARDIWALA

The Supreme Court held that a dismissal order passed without delegated authority can be validated by subsequent ratification by the competent authority, thereby restoring the dismissal of the municipal officer.

administrative appeal_allowed Significant departmental inquiry disciplinary proceedings ratification delegated authority

Municipal Commissioner, Jamnagar Municipal Corporation v. R.M. Doshi

02 May 2023 · M.R. SHAH; J.B. PARDIWALA

The Supreme Court held that a dismissal order passed without authority can be validated by ratification from the competent authority, restoring the dismissal of a municipal officer despite initial procedural defects.

administrative appeal_allowed Significant departmental inquiry dismissal from service delegated authority ratification

V. G. Vipkin Kumar v. State Bank of Hyderabad & Ors.

02 May 2023 · M. R. Shah; C. T. Ravikumar

The Supreme Court upheld the validity of the bank's auction and sale of secured assets under the SARFAESI Act, dismissing writ petitions challenging the proceedings and affirming the primacy of statutory remedies before the DRT.

civil appeal_allowed Significant SARFAESI Act Section 13(4) Section 17 Debt Recovery Tribunal

V. G. Vipkin Kumar v. State Bank of Hyderabad & Ors.

02 May 2023 · M. R. Shah; C. T. Ravikumar

The Supreme Court upheld the validity of the bank's auction and recovery proceedings under the SARFAESI Act, dismissing the borrower's writ petitions for non-exhaustion of statutory remedies.

civil appeal_dismissed Significant SARFAESI Act Section 13(4) auction of secured assets Debt Recovery Tribunal

G. Vikram Kumar v. State Bank of Hyderabad

02 May 2023 · M. R. Shah; C. T. Ravikumar

The Supreme Court set aside the High Court's order staying an e-auction sale under SARFAESI Act, holding that an agreement to sale without prior permission is void and alternative remedy under Section 17 bars writ petitions under Article 226.

civil appeal_allowed Significant SARFAESI Act Section 13(4) Section 13(8) Section 17

ESSEMM LOGISTICS v. DARCL LOGISTICS LIMITED

01 May 2023 · V. Ramasubramanian; Pankaj Mithal

The Supreme Court held that the mandatory notice under Section 16 of the Carriage by Road Act, 2007 applies only to claims for loss or damage to consignment and does not bar counter-claims for other consequential losses against a common carrier.

civil appeal_allowed Significant Carriage by Road Act, 2007 Section 16 common carrier counter-claim

Nitu Devi Somvanshi v. Rajendra Singh Somvanshi @ Tinku

01 May 2023 · Dr Dhananjaya Y Chandrachud; J B Pardiwala
Cites 0 · Cited by 1

The Supreme Court allowed the transfer of family court proceedings from Alwar, Rajasthan to Bhiwani, Haryana in the interest of justice with directions for expeditious disposal.

family appeal_allowed transfer petition family court interests of justice transfer of proceedings

Nitu Devi Somvanshi v. Rajendra Singh Somvanshi @ Tinku

01 May 2023 · Dr Dhananjaya Y Chandrachud; J B Pardiwala

The Supreme Court allowed the transfer of family court proceedings from Rajasthan to Haryana in the interest of justice and disposed of the related contempt petition.

family appeal_allowed transfer petition family court interests of justice transfer of proceedings

Malviya v. Rakesh Malviya

01 May 2023 · Sanjiv Khanna; Sanjay V. Kaul; Abhay S. Oka; Vivek Nath; J.... · 2023 INSC 468
Cites 0 · Cited by 1

The Supreme Court clarified that it can use its constitutional powers under Article 142 to waive or reduce the statutory six-month waiting period for divorce by mutual consent under the Hindu Marriage Act in exceptional cases of irretrievable breakdown of marriage.

family appeal_allowed Significant Article 142 Hindu Marriage Act Section 13-B(2) Divorce by mutual consent

Shilpa Sailesh v. Varun Sreenivasan

01 May 2023 · Sanjay Kishan Kaul; Sanjiv Khanna; Abhay S. Oka; Vikram Nath...
Cites 5 · Cited by 0

The Supreme Court clarified that it can grant divorce by mutual consent under Article 142 of the Constitution, including waiving the six-month waiting period and granting divorce on irretrievable breakdown grounds, while quashing connected proceedings to do complete justice.

family appeal_allowed Significant Article 142 Constitution of India Section 13-B Hindu Marriage Act divorce by mutual consent six-month waiting period waiver

Shilpa Shailesh v. Varun Srinivasan

01 May 2023 · Sanjay Kishan Kaul; Sanjeev Khanna; Abhay S. Oka; Vikram Nat...

The Supreme Court held that it can waive or reduce the six-month waiting period for divorce by mutual consent under Article 142, granting complete justice in matrimonial disputes even if one spouse does not consent.

family appeal_allowed Significant Article 142 Constitution of India Hindu Marriage Act Section 13-B Divorce by mutual consent Six-month waiting period waiver

Shilpa Sailesh v. Varun Sreenivasan

01 May 2023 · Sanjay Kishan Kaul; Sanjiv Khanna; Abhay S. Oka; Vikram Nath...
Cites 5 · Cited by 1

The Supreme Court clarified the scope of its power under Article 142 to grant divorce by mutual consent dispensing with the statutory waiting period and to grant divorce on irretrievable breakdown of marriage, subject to judicial scrutiny and public policy.

family other Significant Article 142 of Constitution of India Hindu Marriage Act, 1955 Section 13-B divorce by mutual consent