Supreme Court of India

8,449 judgments

Year:

Victory Iron Works Ltd. v. Jitendra Lohia & Anr.

14 Mar 2023 · V. Ramasubramanian; Pankaj Mithal

The Supreme Court held that exclusive development rights over immovable property constitute assets under the IBC, mandating their inclusion in the CIRP Information Memorandum, while insolvency authorities cannot evict third-party licensees beyond their licensed area.

corporate appeal_dismissed Significant Corporate Insolvency Resolution Process Insolvency and Bankruptcy Code, 2016 Development rights Intangible assets

Victory Iron Works Ltd. v. Jitendra Lohia & Anr.

14 Mar 2023 · V. Ramasubramanian; Pankaj Mithal

The Supreme Court upheld that exclusive development rights over immovable property held by a Corporate Debtor constitute assets under the IBC, entitling the Resolution Professional to take custody and control during CIRP, while protecting third-party licensee rights within licensed limits.

corporate appeal_dismissed Significant Corporate Insolvency Resolution Process Development rights Insolvency and Bankruptcy Code Resolution Professional

AND ANOTHER v. NARAIN SINGH AND OTHERS

14 Mar 2023 · Ajay Rastogi; C. T. Ravikumar; Bela M. Trivedi

The Supreme Court held that urbanization notification under Section 507(a) of the Delhi Municipal Corporation Act, 1957 extinguishes the applicability of the Delhi Land Reforms Act, 1954, and upheld possession rights of registered purchasers accordingly.

property appeal_dismissed Significant Delhi Land Reforms Act, 1954 Delhi Municipal Corporation Act, 1957 urbanization notification Section 507(a)

M/s Indian Oil Corporation Limited v. V.B.R. Menon

14 Mar 2023 · J.B. Pardiwala; Sudhanshu Dhulia
Cites 1 · Cited by 0

The Supreme Court upheld NGT's directions mandating Vapour Recovery Systems at petroleum outlets but set aside its order requiring mandatory Consent to Establish and Consent to Operate, directing adherence to CPCB guidelines instead.

environmental appeal_allowed Significant National Green Tribunal Consent to Establish Consent to Operate Vapour Recovery System

Indian Oil Corporation Limited v. V. B. R. Menon & Ors.

14 Mar 2023 · Sudhanshu Dhulia; J. B. Pardiwala

The Supreme Court upheld NGT's power to mandate vapor recovery systems at petroleum outlets but set aside directions making Consent to Establish and Consent to Operate mandatory, emphasizing adherence to CPCB guidelines instead.

administrative appeal_allowed Significant National Green Tribunal Act, 2010 Environment (Protection) Act, 1986 Consent to Establish Consent to Operate

M/s Indian Oil Corporation Limited v. V.B.R. Menon

14 Mar 2023 · J.B. Pardiwala; Sudhanshu Dhulia
Cites 1 · Cited by 0

The Supreme Court upheld NGT's directions mandating Vapour Recovery Systems at petroleum outlets but set aside the requirement for mandatory Consent to Establish and Consent to Operate, directing strict adherence to CPCB guidelines instead.

environmental appeal_allowed Significant National Green Tribunal Consent to Establish Consent to Operate Vapour Recovery System

M. R. English & Construction Pvt Ltd v. Som Datt Nibldson Ltd

13 Mar 2023 · D. Y. Chandrachud; Palamidighi Tam Srilasanma; J. B. Pardiwa... · 2023 INSC 217

The court held that the arbitration clause in the renewal lease and license agreement incorporated the settlement agreement as an indivisible part, directing the parties to resolve their dispute through arbitration under Section 8 of the Arbitration and Conciliation Act, 1996.

civil appeal_allowed Significant arbitration clause incorporation by reference settlement agreement lease and license agreement

M. R. English & Construction Pvt Ltd v. Som Datt Nibldson Ltd

13 Mar 2023 · D. Y. Chandrachud; Palamidige Tham Sri Narasimha; J. B. Pard... · (2009) 7 SCC 696
Cites 0 · Cited by 1

The court held that the arbitration clause in the settlement agreement applies to disputes under the incorporated lease and license agreement and directed the parties to resolve their dispute through arbitration.

civil appeal_allowed Significant arbitration clause settlement agreement lease and license agreement incorporation by reference

Shinhan Bank v. Carol Info Services Limited

13 Mar 2023 · Dhananjaya Y Chandrachud; Pamidighantam Sri Narasimha; J B P...

The Supreme Court held that an arbitration clause in an Amenities agreement is incorporated into a contemporaneous Leave and License agreement, entitling the petitioner to invoke arbitration directly.

civil appeal_allowed Significant Arbitration agreement Incorporation by reference Section 7(5) Arbitration and Conciliation Act Leave and License agreement

Union of India Through Land Acquisition Collector v. Rajesh Kumar

13 Mar 2023 · M. R. Shah; Manoj Misra

The Supreme Court held that land acquisition proceedings do not lapse under Section 24(2) of the 2013 Act if possession was taken before the Act's commencement, even if compensation was unpaid.

property appeal_allowed Significant Section 24(2) of 2013 Act land acquisition possession compensation

भारत संघ v. राजेश कुमार

13 Mar 2023 · एम. आर. शाह; सी. टȣ. रͪवक ु मार

The Supreme Court held that acquisition proceedings under the 1894 Act do not lapse under Section 24(2) of the 2013 Act merely due to non-payment or non-deposit of compensation if possession was taken and compensation awarded or paid.

property appeal_allowed Significant Land Acquisition Act, 1894 Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 Section 24(2) Compensation payment

Union of India Through Land Acquisition Collector v. Rajesh Kumar

13 Mar 2023 · M. R. Shah; Manoj Misra

The Supreme Court held that land acquisition proceedings do not lapse under Section 24(2) of the 2013 Act if possession has been taken, even if compensation has not been paid.

property appeal_allowed Significant land acquisition Section 24(2) Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 possession

Land Acquisition Collector v. Ashok Kumar

13 Mar 2023 · M. R. Shah; C. T. Ravikumar · 2023 INSC 220

The Supreme Court held that land acquisition does not lapse under Section 24(2) of the 2013 Act if possession could not be taken due to an operative court stay order continuing until the Act's commencement.

property appeal_allowed Significant Section 24(2) of 2013 Act deemed lapse land acquisition possession

Bhoomi Adhijan Collector v. Ashok Kumar

13 Mar 2023 · M. R. Shah; C. T. Ravikumar · (2020) 8 SCC 129

The Supreme Court held that acquisition proceedings pending under the 1894 Act are not deemed to have lapsed under Section 24(2) of the 2013 Act if possession was prevented by stay orders before the new Act's commencement.

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

Land Acquisition Collector v. Ashok Kumar

13 Mar 2023 · M. R. Shah; C. T. Ravikumar

The Supreme Court held that land acquisition does not lapse under Section 24(2) of the 2013 Act if possession was not taken due to an operative court stay continuing until the Act's commencement, overruling contrary precedents.

property appeal_allowed Significant Section 24(2) RTFCTLARR Act 2013 deemed lapse of land acquisition possession and compensation stay order exclusion

Delhi Government v. Manjit Kaur & Ors.

13 Mar 2023 · M. R. Shah; C. T. Ravikumar · 2023 INSC 221

The Supreme Court held that acquisition under the 2013 Act is deemed complete only if possession or compensation was given before its commencement, and successors have locus to challenge acquisition proceedings initiated under the 1894 Act.

property appeal_allowed Significant Land Acquisition Act 2013 Section 24(2) Deemed acquisition Possession

Govt. of NCT of Delhi v. Manjeet Kaur

13 Mar 2023 · M. R. Shah; C. T. Ravikumar

The Supreme Court held that a subsequent purchaser has no locus to challenge deemed lapse of land acquisition under Section 24(2) of the 2013 Act and clarified the correct interpretation of possession and compensation requirements to prevent lapse.

property appeal_allowed Significant land acquisition Section 24(2) RTFCTLARR Act 2013 deemed lapse possession

Delhi Government v. Manjeet Kaur & Ors.

13 Mar 2023 · M. R. Shah; C. T. Ravikumar

The Supreme Court upheld that land acquisition under Section 24(2) of the 2013 Act is deemed valid if possession was not taken and compensation was not paid for five years prior to the Act's enforcement, barring fresh challenges to such acquisition.

property appeal_allowed Significant land acquisition Section 24(2) Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 possession

Govt. of NCT of Delhi v. Manjeet Kaur

13 Mar 2023 · M. R. Shah; C. T. Ravikumar

The Supreme Court held that acquisition proceedings do not lapse under Section 24(2) of the 2013 Act if possession is taken or compensation tendered, and a subsequent purchaser has no locus to claim lapse, setting aside the High Court's order declaring lapse.

property appeal_allowed Significant Section 24(2) RTFCTLARR Act 2013 deemed lapse of acquisition locus standi of subsequent purchaser possession and compensation

State of Rajasthan v. Dayanand & Ors.

13 Mar 2023 · M. R. Shah; C. T. Ravikumar · 2023 INSC 219

The Supreme Court clarified that under Section 24(2) of the 2013 Land Acquisition Act, acquisition of vested land is deemed complete only if possession was taken or compensation was paid/deposited within five years prior to the Act's commencement, and non-payment or non-collection of compensation alone does not suffice for deemed acquisition.

property appeal_allowed Significant Section 24(2) 2013 Act vested land acquisition compensation payment possession