Supreme Court of India

13,887 judgments

Year:
Showing 2020 — 1117 judgments found

AVITEL POST STUDIOZ LIMITED v. HSBC PI HOLDINGS (MAURITIUS) LIMITED

19 Aug 2020 · R. F. Nariman; Navin Sinha

The Supreme Court held that mere allegations of fraud do not render disputes non-arbitrable and upheld interim relief in support of foreign arbitration proceedings governed by Singapore law.

civil appeal_allowed Significant arbitration fraud non-arbitrability section 9 Arbitration Act

AVITEL POST STUDIOZ LIMITED v. HSBC PI HOLDINGS (MAURITIUS) LIMITED

19 Aug 2020 · R. F. Nariman; Navin Sinha

The Supreme Court held that mere allegations of fraud do not render disputes non-arbitrable under the Arbitration and Conciliation Act, 1996, affirming the enforceability of a foreign arbitral award and interim relief granted to HSBC.

civil appeal_dismissed Significant arbitration fraud arbitrability Section 9 Arbitration Act

The Commissioner of Central Excise, Customs and Service Tax, Calicut v. M/s. Cera Boards and Doors, Kannur

19 Aug 2020 · S. A. Bobde; A. S. Bopanna; V. Ramasubramanian · 2020 INSC 495

The Supreme Court clarified the correct method of valuation under Section 4 of the Central Excise Act, holding that differential duty demands must be transaction-wise and evidence-based, and remanded the cases for re-quantification accordingly.

tax appeal_allowed Significant Central Excise Act, 1944 Section 4 valuation normal price transaction value

The Commissioner of Central Excise, Customs and Service Tax, Calicut v. M/s. Cera Boards and Doors, Kannur

19 Aug 2020 · S. A. Bobde; A. S. Bopanna; V. Ramasubramanian

The Supreme Court clarified the correct method of valuation under Section 4 of the Central Excise Act before and after 01.07.2000, holding that differential duty demands must be based on transaction-wise evidence and not generalized across all transactions.

tax appeal_allowed Significant Central Excise Act, 1944 Section 4 valuation normal price transaction value

DECCAN PAPER MILLS CO. LTD. v. REGENCY MAHAVIR PROPERTIES

19 Aug 2020 · R. F. Nariman; Navin Sinha; Indira Banerjee · 2020 INSC 497

The Supreme Court upheld the referral of a fraud-related dispute over development rights to arbitration, holding that serious fraud allegations do not oust arbitrability unless the arbitration agreement itself is non-existent, and that cancellation suits under Section 31 of the Specific Relief Act are arbitrable.

civil appeal_dismissed Significant arbitration agreement fraud exception Section 8 Arbitration Act Specific Relief Act Section 31

Deccan Paper Mills Co. Ltd. v. Regency Mahavir Properties & Ors.

19 Aug 2020 · R. F. Nariman; Navin Sinha; Indira Banerjee

The Supreme Court held that allegations of fraud do not render disputes non-arbitrable unless the arbitration agreement itself is alleged never to have been executed, and that suits for cancellation of contracts under the Specific Relief Act are arbitrable actions in personam.

civil appeal_dismissed Significant arbitration fraud exception Section 8 Arbitration Act Specific Relief Act Section 31

Rhea Chakraborty v. State of Bihar & Ors.

19 Aug 2020 · Hrishikesh Roy

The Supreme Court held that investigation cannot be transferred under Section 406 CrPC, upheld Patna Police's jurisdiction to register FIR, and directed the CBI to conduct a unified investigation to ensure impartiality.

criminal petition_dismissed Significant Section 406 CrPC Section 174 CrPC FIR jurisdiction CBI investigation

Rhea Chakraborty v. State of Bihar & Ors.

19 Aug 2020 · Hrishikesh Roy

The Supreme Court held that the Patna Police lawfully registered the FIR and investigation, Section 174 CrPC proceedings are not investigations, and directed continuation of the CBI investigation with power to investigate any future FIR on the matter to ensure complete justice.

criminal petition_dismissed Significant Section 406 CrPC Section 174 CrPC jurisdiction CBI investigation

Ghanshyam Upadhyay v. State of U.P.

19 Aug 2020 · S. A. Bobde; A. S. Bopanna; V. Ramasubramanian

The Supreme Court dismissed the petition challenging the State-constituted Commission of Inquiry on grounds of bias based solely on unverified newspaper reports, affirming the high threshold for proving bias and the limited role of such Commissions.

constitutional petition_dismissed Significant Commission of Inquiry bias conflict of interest newspaper reports

Ghanshyam Upadhyay v. State of U.P.

19 Aug 2020 · S. A. Bobde; A. S. Bopanna; V. Ramasubramanian

The Supreme Court dismissed a petition challenging the constitution of a Commission of Inquiry based on unverified newspaper reports, holding that such allegations of bias require cogent evidence and that the Commission's findings are investigatory and non-binding.

constitutional petition_dismissed Significant Commission of Inquiry bias conflict of interest newspaper reports

Centre for Public Interest Litigation v. Union of India

18 Aug 2020 · Ashok Bhushan; R. Subhash Reddy; M. R. Shah · 2020 INSC 494

The Supreme Court held that the existing National Disaster Management Plan and relief guidelines under the Disaster Management Act, 2005 adequately cover COVID-19, and rejected the petitioner's demand for a separate plan and fund consolidation.

administrative petition_dismissed Significant Disaster Management Act, 2005 National Disaster Management Plan COVID-19 pandemic National Disaster Response Fund

Centre for Public Interest Litigation v. Union of India

18 Aug 2020 · Ashok Bhushan; R. Subhash Reddy; M. R. Shah

The Supreme Court held that the existing National Disaster Management Plan and guidelines under the Disaster Management Act, 2005 adequately cover COVID-19, and the Union is not required to prepare a separate plan or transfer PM CARES Fund monies to the National Disaster Response Fund.

administrative petition_dismissed Significant Disaster Management Act, 2005 National Disaster Management Plan COVID-19 pandemic National Disaster Response Fund

M.C. Mehta v. Union of India

14 Aug 2020 · Arun Mishra; B.R. Gavai; Krishna Murari

The Supreme Court held that the Monitoring Committee lacks authority to seal residential premises on private land not used for commercial purposes, emphasizing adherence to statutory procedures under the Delhi Municipal Corporation Act, 1957.

administrative appeal_allowed Significant Monitoring Committee Sealing of premises Residential premises Commercial misuse

Babulal Vardharji Gurjar v. Veer Gurjar Aluminium Industries Pvt. Ltd.

14 Aug 2020 · A. M. Khanwilkar; Dinesh Maheshwari

The Supreme Court held that an application under Section 7 of the Insolvency and Bankruptcy Code filed beyond three years from the date of default without valid acknowledgment is barred by limitation, overruling NCLAT's contrary view.

corporate appeal_allowed Significant Insolvency and Bankruptcy Code, 2016 Section 7 IBC limitation period Limitation Act, 1963

Babulal Vardharji Gurjar v. Veer Gurjar Aluminium Industries Pvt. Ltd.

14 Aug 2020 · A. M. Khanwilkar; Dinesh Maheshwari
Cites 0 · Cited by 1

The Supreme Court held that an application under Section 7 of the Insolvency and Bankruptcy Code is not barred by limitation if the corporate debtor has continuously acknowledged the debt or the claim is secured by mortgage, thereby extending the limitation period beyond the date of default.

corporate appeal_dismissed Significant Insolvency and Bankruptcy Code, 2016 Section 7 IBC limitation period Limitation Act, 1963

Union of India v. M/s. K.C. Sharma & Co.

14 Aug 2020 · Ashok Bhushan; R. Subhash Reddy; M.R. Shah
Cites 1 · Cited by 0

The Supreme Court upheld the validity of a lease-based compensation decree under the Land Acquisition Act, holding that fraud must be pleaded and proved with particulars to set aside a final decree.

civil appeal_dismissed Significant Land Acquisition Act, 1894 Sections 30 and 31 fraud in decree lease vs license

Union of India v. M/s. K.C. Sharma & Co.

14 Aug 2020 · Ashok Bhushan; R. Subhash Reddy; M.R. Shah

The Supreme Court upheld the High Court's dismissal of a suit alleging fraud in a prior compensation decree under the Land Acquisition Act, holding that fraud must be pleaded and proved with particulars and that possession under an unregistered lease is protected under Section 53A of the Transfer of Property Act.

civil appeal_dismissed Significant Land Acquisition Act, 1894 Sections 30 and 31 fraud in decree lease vs license

Prashant Bhushan v. Supreme Court of India

14 Aug 2020 · Arun Mishra; B. R. Gavai; Krishna Murari
Cites 0 · Cited by 1

The Supreme Court affirmed its inherent constitutional power to initiate suo motu contempt proceedings without Attorney General's consent and held that tweets scandalizing the Court's authority constitute criminal contempt, while intermediaries enjoy safe harbour protection.

constitutional appeal_allowed Significant contempt of court suo motu proceedings Article 129 Constitution Article 142 Constitution

Preet Pal Singh v. State of Uttar Pradesh & Anr.

14 Aug 2020 · Arun Mishra; Indira Banerjee
Cites 0 · Cited by 6

The Supreme Court set aside the High Court's bail order granted post-conviction for dowry death under Section 304B IPC, emphasizing the need for recorded reasons and strong grounds for suspension of sentence under Section 389 CrPC.

criminal appeal_allowed Significant Section 304B IPC dowry death post-conviction bail Section 389 CrPC

M. Radha Hari Seshu v. The State of Telangana

14 Aug 2020 · Ashok Bhushan; R. Subhash Reddy · 2020 INSC 491

The Supreme Court allowed bail and suspended sentence of a convicted appellant under Sections 304B and 498A IPC pending appeal, emphasizing discretion in granting relief during prolonged incarceration.

criminal appeal_allowed Significant suspension of sentence bail pending appeal Section 304B IPC Section 498A IPC