Supreme Court of India

17,225 judgments

Year:

Commissioner of Income Tax v. Glowshine Builders & Developers Pvt. Ltd.

04 May 2023 · M. R. Shah; B. V. Nagarathna

The Supreme Court remanded the tax appeal for fresh consideration on whether the sale of development rights was business income or capital gains, emphasizing the need to examine all relevant factors and accounting treatment.

tax appeal_allowed Significant Income Tax Capital Asset Stock in Trade Development Rights

Official Liquidator v. Ujjain Nagar Palika Nigam

04 May 2023 · Dinesh Maheshwari; Aniruddha Bose

The Supreme Court held that the Official Liquidator is liable to pay post-liquidation municipal taxes incurred before confirmation of sale of company assets, absent clear notice transferring such liability to the purchaser.

civil appeal_dismissed Significant Official Liquidator post-liquidation liabilities property tax water tax

Yamal Manojbhai v. Union of India

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

The Supreme Court resolved conflicting High Court judgments to hold that accused caught smuggling goods within the customs area are entitled to seek settlement under Section 127B of the Customs Act, and upheld the maintainability of the writ petition under Article 32 to protect fundamental rights.

criminal appeal_allowed Significant Customs Act, 1962 Section 123 Section 127B Settlement Commission

Nagarathinam v. State through the Inspector of Police

04 May 2023 · Ajay Rastogi; Ahsanuddin Amanullah

The Supreme Court upheld the murder conviction but allowed the appellant's premature release, rejecting the State's denial as unjustified given her mental state and long incarceration.

criminal appeal_allowed Significant Section 302 IPC Section 300 IPC Exception 1 culpable homicide not amounting to murder premature release

Government of Tamil Nadu & Others v. R. Thamraiselevam

04 May 2023 · M. R. Shah; B. V. Nagarathna · 2023 INSC 490

The Supreme Court upheld the quashing of Tamil Nadu Government Orders constituting Anti Land Grabbing Special Cells due to absence of statutory definitions and guidelines, emphasizing the need for clear legislation to prevent arbitrary police action.

criminal appeal_dismissed Significant land grabbing Anti Land Grabbing Special Cells Government Order Article 14

Government of Tamil Nadu v. R. Thamraiselevam

04 May 2023 · M. R. Shah; B. V. Nagarathna

The Supreme Court upheld the quashing of Tamil Nadu Government Orders constituting Anti Land Grabbing Special Cells due to absence of statutory definitions and guidelines, emphasizing the need for clear legislation to prevent arbitrary police powers.

criminal appeal_dismissed Significant land grabbing Anti Land Grabbing Special Cells arbitrariness Article 14

Delhi Development Authority v. Narendra Kumar Jain

04 May 2023 · M. R. Shah; Ahsanuddin Amanullah

The Supreme Court held that subsequent purchasers have no locus to challenge land acquisition or claim deemed lapse under the 2013 Land Acquisition Act, setting aside the High Court's contrary decision.

property appeal_allowed Significant land acquisition locus standi subsequent purchaser deemed lapse

Damodhar Narayan Sawale v. Shri Tejrao Bajirao Mhaske & Ors

04 May 2023 · M. R. Shah; C. T. Ravikumar · 2023 INSC 491

The Supreme Court held that a duly registered sale deed carries a presumption of valid ownership transfer which cannot be negated without clear evidence, and that civil courts lack jurisdiction to decide issues under the Fragmentation Act without referring to the competent authority, thereby restoring possession decree in favor of the plaintiff.

civil appeal_allowed Significant registered sale deed possession Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 Transfer of Property Act, 1882

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