Supreme Court of India

18,256 judgments

Year:

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 4

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

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