Supreme Court of India

16,355 judgments

Year:

Damodhar Narayan Sawale v. Shri Tejrao Bajirao Mhaske & Ors

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

The Supreme Court held that a duly registered sale deed carries a presumption of valid ownership transfer and civil courts have jurisdiction to decide possession suits unless barred by statute, setting aside the High Court's voidance of the sale deed under the Fragmentation Act.

civil appeal_allowed Significant registered sale deed possession Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act Transfer of Property Act

Kunti and Anr. v. State of Uttar Pradesh and Anr.

03 May 2023 · Krishna Murari; Sanjay Karol
Cites 1 · Cited by 0

The Supreme Court quashed criminal proceedings arising from an alleged breach of an agreement to sell land, holding that mere breach of contract without dishonest intention does not constitute a criminal offence.

criminal appeal_allowed Significant breach of contract criminal prosecution quashing of FIR Section 482 CrPC

Commissioner of Customs, Central Excise and Service Tax, Hyderabad v. Ashwani Homeo Pharmacy

03 May 2023 · Dinesh Maheshwari; Vikram Nath

The Supreme Court upheld the classification of 'Aswini Homeo Arnica Hair Oil' as a medicament under Chapter 30, rejecting reclassification as a cosmetic despite tariff amendments.

tax appeal_dismissed Significant classification medicament cosmetic Central Excise Tariff Act, 1985

The State of Andhra Pradesh & Anr. v. Varla Ramaiah

03 May 2023 · M. R. Shah; M. M. Sundresh

The Supreme Court allowed the State's appeal against the High Court's interim stay on investigation orders, holding that the executive has power to investigate alleged corruption by previous Governments and directed the High Court to decide the writ petitions on merits after impleading the Union of India.

administrative appeal_allowed Significant executive power Government Order Special Investigation Team corruption allegations

The State of Andhra Pradesh & Anr. v. Varla Ramaiah

03 May 2023 · M. R. Shah; M. M. Sundresh
Cites 0 · Cited by 1

The Supreme Court allowed the State's appeal against the High Court's interim stay on investigation orders, directing expeditious disposal of writ petitions and impleadment of the Union of India as a necessary party.

administrative appeal_allowed Significant executive power Government Orders Special Investigation Team interim stay

BALWANT SINGH v. UNION OF INDIA

03 May 2023 · B. R. Gavai; Vikram Nath; Sanjay Karol
Cites 0 · Cited by 1

The Supreme Court upheld the executive's discretion to defer the petitioner's Mercy Petition on national security grounds and dismissed the plea for commutation of death sentence despite alleged delay.

criminal petition_dismissed Significant Mercy Petition Article 72 Constitution of India Death sentence commutation Inordinate delay

Union of India v. Deloitte Haskins and Sells LLP

03 May 2023 · M. R. Shah; M. M. Sundresh

The Supreme Court held that resignation of auditors does not bar proceedings under Section 140(5) of the Companies Act, 2013 for fraudulent conduct, upheld the validity of SFIO investigation and directions, and restored prosecution and removal proceedings against auditors.

corporate appeal_allowed Significant Section 140(5) Companies Act Auditor removal Fraudulent conduct NCLT powers

M.K. Rajagopalan v. Dr. Periasamy Palani Gounder

03 May 2023 · Dinesh Maheshwari; Vikram Nath

The Supreme Court upheld the approval of a resolution plan under the IBC, emphasizing compliance with valuation norms, procedural fairness, and limited judicial interference in the commercial wisdom of the Committee of Creditors.

corporate appeal_allowed Significant Corporate Insolvency Resolution Process Insolvency and Bankruptcy Code, 2016 Committee of Creditors Resolution Plan

Peethambaran v. State of Kerala

03 May 2023 · Krishna Murari; Sanjay Karol
Cites 0 · Cited by 1

The Supreme Court held that further investigation can only be ordered by a magistrate or higher court, quashed the criminal proceedings against the appellant for lack of evidence under Section 420 IPC, and invalidated the second final report ordered by the District Police Chief.

criminal appeal_allowed Significant Section 420 IPC Section 482 CrPC Section 173(8) CrPC further investigation

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

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

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

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