Supreme Court of India

17,225 judgments

Year:

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

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

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 Sailesh v. Varun Sreenivasan

01 May 2023 · Sanjay Kishan Kaul; Sanjiv Khanna; Abhay S. Oka; Vikram Nath...
Cites 5 · Cited by 2

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

ESSEMM LOGISTICS v. DARCL LOGISTICS LIMITED

01 May 2023 · V. Ramasubramanian; Pankaj Mithal · 2023 INSC 471

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 consignments and not to other types of claims, allowing the appellant's counter-claim to proceed.

civil appeal_allowed Significant Carriage by Road Act, 2007 Section 16 common carrier notice requirement

Samra @ Jasbir Singh v. National Investigation Agency

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

The Supreme Court held that filing a chargesheet within the statutory period completes investigation for default bail purposes, and delayed sanction for prosecution under special laws does not entitle accused to default bail.

criminal appeal_dismissed Significant default bail Section 167(2) CrPC chargesheet sanction for prosecution

GUJARAT COMPOSITE LIMITED v. A INFRASTRUCTURE LIMITED

01 May 2023 · Dinesh Maheshwari; Sudhanshu Dhulia

The Supreme Court held that disputes involving multiple parties and agreements, some without arbitration clauses, cannot be partially referred to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, affirming that only parties bound by a valid arbitration agreement can be compelled to arbitrate.

civil appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 8 arbitrability arbitration agreement

Delhi Development Authority v. Anita Singh

01 May 2023 · Abhay S. Oka; Rajesh Bindal

The Supreme Court held that land acquisition does not lapse under Section 24(2) of the 2013 Act if either possession is taken or compensation is paid (including deposit in court due to ownership dispute), overruling the High Court's order that acquisition had lapsed.

property appeal_allowed Significant Section 24(2) of 2013 Act Land Acquisition Act 1894 possession compensation

Ramisetty Venkatanna v. Nasyam Jamal Saheb

28 Apr 2023 · M.R. Shah; C.T. Ravikumar

The Supreme Court allowed the appeal and held that the plaint was liable to be rejected under Order VII Rule XI CPC as it was barred by limitation and disclosed no cause of action due to clever drafting to circumvent limitation law.

civil appeal_allowed Significant Order VII Rule XI CPC rejection of plaint barred by limitation cause of action

Ramisetty Venkatanna v. Nasyam Jamal Saheb

28 Apr 2023 · M.R. Shah; C.T. Ravikumar

The Supreme Court held that a plaint cleverly drafted to circumvent limitation and lacking a clear cause of action is liable to be rejected under Order VII Rule XI CPC, allowing the appeal and setting aside lower court orders.

civil appeal_allowed Significant Order VII Rule XI CPC rejection of plaint bar of limitation cause of action

Veena Vadini Teachers Training Institute v. State of Madhya Pradesh

28 Apr 2023 · Dinesh Maheshwari; Sudhanshu Dhulia

The Supreme Court upheld residence-based reservation in professional education but struck down 75% reservation as excessive, directing the State to limit it to 70% based on actual data.

constitutional appeal_allowed Significant residence-based reservation professional education B.Ed admission Article 14

Veena Vadini Teachers Training Institute v. State of Madhya Pradesh

28 Apr 2023 · Dinesh Maheshwari; Sudhanshu Dhulia

The Supreme Court upheld residence-based reservation in professional education but struck down 75% reservation as excessive, directing the State to limit it to 70% considering ground realities.

constitutional appeal_allowed Significant residence-based reservation professional education B.Ed admission Article 14

P. V. NIDHISH & ORS v. KERALA STATE WAKF BOARD & ANR

28 Apr 2023 · S. RAVINDRA BHAT; DIPANKAR DATTA

The Supreme Court held that the penal provision criminalizing unauthorized possession of wakf property cannot be applied retrospectively to possession predating the amendment, quashing the prosecution against long-term tenants.

criminal appeal_allowed Significant Wakf Act 1995 Section 52A encroachment retrospective criminal law