Supreme Court of India

17,225 judgments

Year:

RITU CHHABARIA v. UNION OF INDIA

26 Apr 2023 · KRISHNA MURARI; C. T. RAVIKUMAR

The Supreme Court held that filing incomplete chargesheets to deny default bail violates the accused's fundamental right to liberty under Article 21, mandating release if investigation is not completed within statutory time.

criminal petition_allowed Significant default bail Section 167(2) CrPC fundamental right Article 21

Ravinder Singh v. State Govt. of NCT of Delhi

25 Apr 2023 · Abhay S. Oka; Sanjay Kumar · 2023 INSC 426

The Supreme Court held that only High Courts and the Supreme Court can impose fixed minimum terms exceeding 14 years in life imprisonment sentences and directed a 20-year minimum term for the appellant convicted of raping his minor daughter.

criminal appeal_allowed Significant life imprisonment special category sentence remission Section 376 IPC

Ravinder Singh v. State Govt. of NCT of Delhi

25 Apr 2023 · Abhay S. Oka; Sanjay Kumar · AIR 1961 SC 600

The Supreme Court held that only High Courts and the Supreme Court can impose fixed-term life sentences exceeding 14 years without remission, and accordingly modified the appellant's sentence to life imprisonment with a minimum 20-year term for the rape of his minor daughter.

criminal appeal_allowed Significant life imprisonment special category sentencing remission Section 376 IPC

Kusum Lata Sharma v. Arvind Singh

25 Apr 2023 · Dinesh Maheshwari; Sanjay Kumar

The Supreme Court held that the High Court exceeded its limited revision jurisdiction by disturbing eviction orders based on bona fide requirement, restoring the Rent Controller's orders and affirming a broad construction of 'family' under the Delhi Rent Control Act.

property appeal_allowed Significant bona fide requirement eviction Delhi Rent Control Act, 1958 Section 14(1)(e)

Harbhajan Singh v. State of Haryana

25 Apr 2023 · Abhay S. Oka; Rajesh Bindal
Cites 1 · Cited by 0

The Supreme Court held that mere ownership of a vehicle without proof of knowledge or consent cannot sustain conviction under Section 25 of the NDPS Act and set aside the appellant's conviction.

criminal appeal_allowed Significant Section 25 NDPS Act Section 35 NDPS Act knowledge and consent owner liability

Harbhajan Singh v. State of Haryana

25 Apr 2023 · Abhay S. Oka; Rajesh Bindal
Cites 1 · Cited by 1

The Supreme Court held that mere ownership of a vehicle without proof of knowledge or consent cannot sustain conviction under Section 25 of the NDPS Act and set aside the appellant's conviction.

criminal appeal_allowed Significant Section 25 NDPS Act Section 35 NDPS Act knowledge and consent owner liability

N.N. Global Mercantile Private Limited v. Indo Unique Flame Limited

25 Apr 2023 · K. M. Joseph; C. T. Ravikumar

The Supreme Court held that non-payment of stamp duty on a commercial contract does not invalidate the arbitration agreement contained therein, which is a distinct and enforceable agreement, and referred the issue to a Constitution Bench for authoritative resolution.

civil other Significant Arbitration Agreement Stamp Act, 1899 Section 35 Stamp Act Section 11(6A) Arbitration Act

Shanti Bhushan thr. Lr. & Ors. v. State of U.P. & Ors.

25 Apr 2023 · Abhay S. Oka; Rajesh Bindal
Cites 1 · Cited by 0

Stamp duty on sale of property must be calculated on the market value as on the date of sale deed execution, allowing deductions for tenancy encumbrances, with valuation to be evidence-based and penalty waived if prior adjudication sought.

tax appeal_allowed Significant Indian Stamp Act, 1899 stamp duty market value tenancy encumbrance

Yogesh Navinchandra Ravani v. Nanjibhai Sagrambhai Chaudhary

25 Apr 2023 · B. R. Gavai; Vikram Nath

The Supreme Court held that a cancelled Power of Attorney holder cannot restore a withdrawn appeal and quashed the High Court's restoration order and strictures against the advocate.

civil appeal_allowed Significant Power of Attorney Legal Representatives Second Appeal Restoration of Appeal

Amresh Kumar Sinha v. State of Bihar

25 Apr 2023 · B. R. Gavai; Pankaj Mithal

The Supreme Court held that higher educational qualifications prescribed for promotion are not required for grant of ACP benefits, which are purely financial upgradations to avoid stagnation.

service_law appeal_allowed Significant Assured Career Progression ACP Scheme financial upgradation promotion

Shanti Bhushan thr. Lr. & Ors. v. State of U.P. & Ors.

25 Apr 2023 · Abhay S. Oka; Rajesh Bindal
Cites 1 · Cited by 0

Stamp duty on sale deeds must be calculated on the market value of the property on the date of execution, considering tenancy encumbrances, with the matter remanded for fresh valuation and adjudication.

tax appeal_allowed Significant stamp duty market value Indian Stamp Act 1899 Section 47-A

Commissioner of Income Tax Jaipur v. Prakash Chand Lunia

24 Apr 2023 · M. R. Shah

The Supreme Court held that loss on confiscation of smuggled goods is not allowable as business loss under the Income Tax Act, distinguishing the Piara Singh precedent and upholding tax additions under Section 69A.

tax appeal_allowed Significant Income Tax Act, 1961 Section 69A Section 37(1) Explanation 1

Commissioner of Income Tax Jaipur v. Prakash Chand Lunia

24 Apr 2023 · M. R. Shah
Cites 1 · Cited by 0

The Supreme Court held that loss on confiscation of goods due to illegal acts in a legitimate business is not allowable as business loss under the Income Tax Act, overruling the High Court's contrary decision relying on Piara Singh.

tax appeal_allowed Significant Income Tax Act, 1961 Section 69A Section 37(1) Explanation 1

Principal Commissioner of Income Tax, Central-3 v. Abhisar Buildwell P. Ltd.

24 Apr 2023 · M. R. Shah; Sudhanshu Dhulia · 2023 INSC 417

The Supreme Court held that under Section 153A of the Income Tax Act, the Assessing Officer cannot reopen completed assessments in absence of incriminating material found during search, limiting the scope of assessment to such material and abated pending assessments.

tax appeal_dismissed Significant Section 153A of Income Tax Act, 1961 search under Section 132 assessment of total income incriminating material

Principal Commissioner of Income Tax, Central-3 v. Abhisar Buildwell P. Ltd.

24 Apr 2023 · M. R. Shah; Sudhanshu Dhulia

The Supreme Court held that under Section 153A of the Income Tax Act, assessments reopening completed assessments require incriminating material found during search; absent such material, no additions can be made.

tax appeal_allowed Significant Section 153A Income Tax Act search and seizure incriminating material completed assessment

Suneetha Narreddy v. Y S Avinash Reddy

24 Apr 2023 · Dhananjaya Y Chandrachud; Pamidighantam Sri Narasimha

The Supreme Court set aside the High Court's interim order granting anticipatory bail and restricting investigation procedures in a murder conspiracy case, emphasizing that such directions unduly hamper investigation and extended the investigation deadline.

criminal appeal_allowed Significant anticipatory bail Section 438 CrPC murder conspiracy investigation

Rockline Construction Company v. Doha Bank QSC & Ors.

24 Apr 2023 · Krishna Murari; Sanjay Karol

The Supreme Court directed the Debt Recovery Appellate Tribunal to decide the rate of interest and mesne profits on a refunded auction sale amount expeditiously, rejecting limitation objections and refusing to interfere with prior orders.

civil other Significant auction sale refund interest rate mesne profits

Rockline Construction Company v. Doha Bank QSC & Ors.

24 Apr 2023 · Krishna Murari; Sanjay Karol

The Supreme Court directed the Debt Recovery Appellate Tribunal to expeditiously decide the pending appeal on the rate of interest and mesne profits payable on the refund of a set-aside auction sale amount, holding that limitation shall not bar the appeal.

civil other Significant rate of interest mesne profits refund of sale amount Debt Recovery Appellate Tribunal

Jitendra Kumar Rode v. Union of India

24 Apr 2023 · Krishna Murari; Sanjay Karol
Cites 2 · Cited by 0

The Supreme Court set aside a corruption conviction upheld without trial court records, holding that appellate courts must peruse complete records to ensure fair trial rights under Article 21.

criminal appeal_allowed Significant Section 385 CrPC Article 21 Constitution Loss of trial court record Right to fair trial

Jitendra Kumar Rode v. Union of India

24 Apr 2023 · Krishna Murari; Sanjay Karol
Cites 2 · Cited by 0

The Supreme Court set aside a corruption conviction upheld without trial court records, holding that appellate courts must peruse complete records under Section 385 CrPC to protect the accused's fundamental rights under Article 21.

criminal appeal_allowed Significant Section 385 CrPC Article 21 Constitution of India loss of trial court records conviction upheld without records