Supreme Court of India

8,449 judgments

Year:

Kamar Gani Usmani v. State of Gujarat

10 Apr 2023 · M. R. Shah; C. T. Ravikumar · 2023 INSC 337

The Supreme Court held that an accused is not entitled to default bail under Section 167(2) CrPC if the investigation period is validly extended by the court even without the accused's presence or notice, provided the accused is informed and does not timely object.

criminal appeal_dismissed Significant default bail Section 167 CrPC extension of investigation period notice to accused

Kamar Gani Usmani v. Gujarat State

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

The Supreme Court held that an accused is not entitled to default bail under Section 167(2) CrPC if the investigation period is validly extended by the court with the accused being informed and not objecting to such extension.

criminal appeal_dismissed Significant default bail Section 167(2) CrPC investigation period extension notice to accused

Qamar Ghani Usmani v. State of Gujarat

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

The Supreme Court held that an accused is not entitled to statutory bail if the investigation period is validly extended and the accused fails to timely challenge such extension despite being informed.

criminal appeal_dismissed Significant statutory bail default bail Section 167 CrPC extension of investigation

Sumitra Bai v. State of Chhattisgarh

10 Apr 2023 · B. R. Gavai; Aravind Kumar · 2023 INSC 343
Cites 1 · Cited by 0

The Supreme Court reduced the appellant’s conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part-I IPC due to lack of proof of intention and presence of mental illness.

criminal appeal_allowed Significant Section 302 IPC Section 304 Part-I IPC Section 84 IPC mental illness

Sumitra Bai v. State of Chhattisgarh

10 Apr 2023 · B. R. Gavai; Aravind Kumar
Cites 1 · Cited by 0

The Supreme Court reduced the appellant's conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part I IPC, recognizing lack of intention to cause death and mental illness considerations.

criminal appeal_allowed Significant Section 302 IPC Section 304 Part I IPC Section 84 IPC insanity defense

Authorised Officer State Bank of India v. C. Natarajan

10 Apr 2023 · S. Ravindra Bhat; Dipankar Datta

The Supreme Court upheld the lawful forfeiture of deposit by the Bank under SARFAESI Act auction rules, setting aside the High Court's refund order based on unjust enrichment.

civil appeal_allowed Significant SARFAESI Act forfeiture auction sale Security Interest (Enforcement) Rules, 2002

Authorised Officer State Bank of India v. C. Natarajan

10 Apr 2023 · S. Ravindra Bhat; Dipankar Datta

The Supreme Court upheld the Authorized Officer's statutory forfeiture of deposit in a SARFAESI Act auction sale, rejecting the High Court's order for refund and clarifying the limited scope of judicial interference in such forfeiture orders.

civil appeal_allowed Significant SARFAESI Act forfeiture auction sale Security Interest (Enforcement) Rules, 2002

Saraf Exports v. Income Tax Commissioner, Jaipur-III

10 Apr 2023 · M. R. Shah; B. V. Nagarathna

The Supreme Court held that benefits under DEPB and Duty Drawback schemes do not constitute business profits and are not eligible for deductions under Section 80-IB of the Income Tax Act, 1961.

tax appeal_dismissed Significant Section 80-IB Income Tax Act DEPB scheme Duty Drawback scheme profits and gains of business

Saraf Exports v. Commissioner of Income Tax

10 Apr 2023 · M.R. Shah; B.V. Nagarathna
Cites 1 · Cited by 0

The Supreme Court held that profits from DEPB and Duty Drawback Schemes do not qualify as profits 'derived from' an industrial undertaking and thus are not eligible for deduction under Section 80-IB of the Income Tax Act, 1961.

tax appeal_dismissed Significant Section 80-IB Income Tax Act, 1961 DEPB Scheme Duty Drawback

Saraf Exports v. Income Tax Commissioner, Jaipur-III

10 Apr 2023 · M. R. Shah; B. V. Nagarathna

The Supreme Court held that receipts under DEPB and Duty Drawback schemes do not qualify as profits derived from an industrial undertaking and are not eligible for deduction under Section 80-IB of the Income Tax Act, 1961.

tax appeal_dismissed Significant Section 80-IB Duty Drawback DEPB Income Tax Act, 1961

Saraf Exports v. Commissioner of Income Tax

10 Apr 2023 · M.R. Shah; B.V. Nagarathna
Cites 1 · Cited by 0

The Supreme Court held that profits from DEPB and Duty Drawback schemes do not qualify as profits "derived from" an industrial undertaking under Section 80-IB and thus are not eligible for deduction, dismissing the assessee's appeal.

tax appeal_dismissed Significant Section 80-IB Income Tax Act DEPB Scheme Duty Drawback profits derived from industrial undertaking

Cipla Ltd v. Commercial Tax Commissioner

10 Apr 2023 · M. R. Shah; Krishna Murari

The Supreme Court clarified the correct tax classification and applicable VAT rates for certain chemical products, holding that animal disinfectants fall under Entry 44(5) with 4% tax, and antiseptic drugs like Chedkatal under Entry 36(8)(h)(vi), also attracting 4% tax.

tax appeal_allowed Significant Kerala Value Added Tax Act product classification animal disinfectant antiseptic drug

Messers Reckitt Benckiser (India) Limited v. Commercial Tax Commissioner & Ors.

10 Apr 2023 · M. R. Shah; Krishna Murari
Cites 0 · Cited by 1

The Supreme Court partially allowed the appeal, holding that mosquito repellents and cleaning products are correctly classified under specific VAT entries, while Dettol antiseptic liquid is rightly classified as a medicine attracting lower tax.

tax appeal_allowed Significant Kerala Value Added Tax Act product classification insecticides animalicides

M/s Reckitt Benckiser (India) Ltd. v. Commissioner Commercial Taxes

10 Apr 2023 · M. R. Shah; Krishna Murari

The Supreme Court held that Dettol Antiseptic Liquid is classifiable as a medicament under the Kerala VAT Act attracting 4% VAT, while upholding higher tax classifications for mosquito repellants and cleaning products.

tax appeal_allowed Significant classification Kerala VAT Act mosquito repellants insecticides

R. Hemalatha v. Kasthuri

10 Apr 2023 · M. R. Shah; Krishna Murari
Cites 0 · Cited by 1

The Supreme Court held that an unregistered Agreement to Sell compulsorily registrable under Tamil Nadu Amendment Act, 2012, is admissible in evidence in a suit for specific performance under the proviso to Section 49 of the Registration Act.

civil appeal_dismissed Significant Agreement to Sell Registration Act Section 17(1)(g) Section 49 proviso

R. Hemalatha v. Kasthuri

10 Apr 2023 · M. R. Shah; Krishna Murari

The Supreme Court held that an unregistered Agreement to Sell, though compulsorily registrable under the Tamil Nadu Amendment Act, 2012, is admissible in evidence in a suit for specific performance under the proviso to Section 49 of the Registration Act.

civil appeal_dismissed Significant Agreement to Sell Registration Act Section 17(1)(g) Section 49 proviso

Bhimashankar Sahakari Sakkare Karkhane Niyamita v. Walchandnagar Industries Ltd.

10 Apr 2023 · M. R. Shah; Krishna Murari · 2023 INSC 335

The Supreme Court held that the statutory maximum limitation period under Section 34(3) of the Arbitration Act cannot be extended by Section 4 of the Limitation Act or Section 10 of the General Clauses Act when it expires during court vacation, dismissing the appeal for condonation of delay beyond 120 days.

civil appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 Limitation Act, 1963 General Clauses Act, 1897

Bhimashankar Sahakari Sakkare Karkhane Niyamita v. Walchandnagar Industries Ltd.

10 Apr 2023 · M. R. Shah; Krishna Murari

The Supreme Court held that the statutory maximum limitation period under Section 34(3) of the Arbitration Act is mandatory and cannot be extended by Section 4 of the Limitation Act or Section 10 of the General Clauses Act when the last day falls during court vacation.

civil appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 Limitation Act, 1963 General Clauses Act, 1897

NTPC LTD v. M/S SPML INFRA LTD

10 Apr 2023 · Dhananjaya Y Chandrachud; Pamidighantam Sri Narasimha

The Supreme Court held that the High Court erred in appointing an arbitral tribunal under Section 11(6) as the Settlement Agreement was valid and allegations of coercion were not prima facie credible, thus no subsisting arbitrable dispute existed.

civil appeal_allowed Significant Section 11(6) Arbitration and Conciliation Act pre-referral jurisdiction prima facie review arbitrability

International Pvt. Ltd v. The Commissioner

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

The Supreme Court held that penalty under Section 271C of the Income Tax Act is not leviable for belated remittance of TDS after deduction, limiting penalty to failure to deduct tax at source.

tax appeal_allowed Significant Section 271C Tax Deducted at Source Belated remittance Penalty