Supreme Court of India

8,449 judgments

Year:

Sanwarlal Agrawal v. Ashok Kumar Kothari

21 Feb 2023 · Krishna Murari; S. Ravindra Bhat

The Supreme Court held that an executing court cannot expand a decree passed on admission by including disputed loan amounts not agreed upon, and set aside the High Court's order that construed the decree to include such loans.

civil appeal_allowed Significant execution of decree specific performance joint venture agreement inclusion of loan amount

Yogesh Upadhyay and Anr. v. Atlanta Limited

21 Feb 2023 · Dinesh Maheshwari; Sanjay Kumar
Cites 0 · Cited by 1

The Supreme Court held that despite exclusive territorial jurisdiction under Section 142(2) of the Negotiable Instruments Act, the Court’s power to transfer cases under Section 406 Cr.P.C. remains intact and allowed transfer of cheque bounce cases for joint trial.

criminal appeal_allowed Significant Negotiable Instruments Act, 1881 Section 138 Section 142 Section 406 Cr.P.C.

Yogesh Upadhyay and Anr. v. Atlanta Limited

21 Feb 2023 · Dinesh Maheshwari; Sanjay Kumar

The Supreme Court allowed transfer of cheque bounce complaint cases arising from the same transaction to a single court, holding that the non obstante clause in Section 142 does not bar transfer under Section 406 Cr.P.C.

criminal appeal_allowed Significant Negotiable Instruments Act, 1881 Section 138 Section 142 Section 406 Cr.P.C.

Juharu v. Karim & Ors.

21 Feb 2023 · Suy Kant; J. K. Maheshwari · 2023 INSC 148

The Supreme Court clarified the cautious exercise of power under Section 319 CrPC to summon additional accused, upholding summons against one appellant while setting aside summons against others for lack of sufficient evidence.

criminal appeal_allowed Significant Section 319 CrPC additional accused dowry death prima facie evidence

Juharu v. Karim

21 Feb 2023 · Suryakant; J. K. Maheshwari

The Supreme Court clarified the limited and discretionary scope of Section 319 CrPC powers to summon additional accused, upholding summons against one appellant while setting aside summons against two others for lack of evidence.

criminal appeal_allowed Significant Section 319 CrPC additional accused prima facie evidence dowry death

SOUTH EASTERN COALFIELD LTD. & OTHERS v. GULSHAN PRAKASH

20 Feb 2023 · Ajay Rastogi; Bela M. Trivedi

The Supreme Court remitted appeals concerning compassionate appointments under the NCWA to the High Court for expeditious merit-based disposal, while maintaining interim stay orders.

civil appeal_dismissed Procedural compassionate appointment National Coal Wage Agreement Industrial Disputes Act, 1947 Section 2(p)

MITA INDIA PVT. LTD. v. MAHENDRA JAIN

20 Feb 2023 · V. Ramasubramanian; Pankaj Mithal · 2023 INSC 143

The Supreme Court held that a complaint under Section 138 NI Act filed through a power of attorney holder with sub-delegated authority and personal knowledge is maintainable, restoring trial court orders and allowing the appeal.

criminal appeal_allowed Significant Section 138 Negotiable Instruments Act power of attorney sub-delegation authority to file complaint

MITA INDIA PVT. LTD. v. MAHENDRA JAIN

20 Feb 2023 · V. Ramasubramanian; Pankaj Mithal

The Supreme Court held that a complaint under Section 138 NI Act filed through a duly authorised power of attorney holder who has personal knowledge of the transaction is maintainable, and sub-delegation of authority is valid if expressly permitted in the power of attorney.

criminal appeal_allowed Significant Section 138 Negotiable Instruments Act power of attorney sub-delegation maintainability of complaint

Ramesh Chandra Sharma & Ors. v. State of Uttar Pradesh & Ors.

20 Feb 2023 · Krishna Murari; S. Ravindra Bhatt · 2023 INSC 144

The Supreme Court upheld the legality and constitutionality of differential compensation to 'Pukka' and 'Non-Pukka' landowners under land acquisition laws, dismissing challenges based on Article 14 and agreements executed by appellants.

property appeal_dismissed Significant land acquisition compensation Pukka and Non-Pukka landowners Article 14

Ramesh Chandra Sharma v. State of Uttar Pradesh

20 Feb 2023 · Krishna Murari; S. Ravindra Bhat · 2023 INSC 144

The Supreme Court struck down the differential compensation classification between Pushtaini and Gair-pushtaini landowners as violative of Article 14, holding that signing compensation agreements does not bar subsequent challenges to enhanced compensation.

property appeal_allowed Significant Land Acquisition Act, 1894 Article 14 reasonable classification Pushtaini and Gair-pushtaini

Ramesh Chandra Sharma & Ors. v. State of Uttar Pradesh & Ors.

20 Feb 2023 · Krishna Murari; S. Ravindra Bhatt

The Supreme Court upheld the constitutionality of differential compensation between 'Pukka' and 'Non-Pukka' landowners under land acquisition laws, dismissing challenges based on Article 14 and affirming waiver by acceptance of compensation agreements.

property appeal_dismissed Significant land acquisition compensation Pukka and Non-Pukka landowners Article 14

Ramesh Chandra Sharma v. State of Uttar Pradesh

20 Feb 2023 · Krishna Murari; S. Ravindra Bhat
Cites 0 · Cited by 10

The Supreme Court struck down the differential compensation classification between Pushtaini and Gair-pushtaini landowners as arbitrary and violative of Article 14, holding that signing compensation agreements does not bar seeking revised compensation arising later.

property appeal_allowed Significant Land Acquisition Act, 1894 Article 14 reasonable classification Pushtaini

Aparna Ajinkya Firodia v. Ajinkya Arun Firodia

20 Feb 2023 · Nagarathna J.; V. Ramasubramanian J. · 2023 INSC 146

The Supreme Court held that DNA testing of a child born during marriage cannot be directed without strong prima-facie evidence of non-access to rebut the conclusive presumption of legitimacy under Section 112 of the Evidence Act.

family appeal_allowed Significant Section 112 Indian Evidence Act DNA test presumption of legitimacy non-access

Apurna Ajinkya Firodia v. Ajinkya Arun Firodia

20 Feb 2023 · Nagarathna J.

The Supreme Court upheld the order directing DNA testing of a child in a matrimonial dispute, affirming the rebuttable presumption of legitimacy under Section 112 and balancing the child's rights with the need for truth.

family appeal_dismissed Significant DNA test paternity Section 112 Indian Evidence Act adverse inference

Aparna Ajinkya Firodia v. Ajinkya Arun Firodia

20 Feb 2023 · Nagarathna J.; V. Ramasubramanian J.
Cites 0 · Cited by 1

The Supreme Court held that DNA testing of a child born during marriage cannot be directed without proof of non-access to rebut the presumption of legitimacy under Section 112 of the Evidence Act, and set aside lower court orders directing such test.

family appeal_allowed Significant Section 112 Indian Evidence Act DNA test presumption of legitimacy non-access

Sureshkumar Lavilatkumar Patel v. Gujarat State

20 Feb 2023 · Sanjiv Khanna; M. M. Sundresh · 2023 INSC 145

The Supreme Court held that cut-off marks fixed in recruitment advertisements cannot be reduced arbitrarily after the selection process has commenced, upholding the principle of fairness and equality under Article 14.

administrative appeal_allowed Significant recruitment rules cut-off marks reservation selection committee

Sureshkumar Lalitkumar Patel v. State of Gujarat & Ors.

20 Feb 2023 · Sanjiv Khanna; M. M. Sundresh
Cites 0 · Cited by 1

The Supreme Court held that reduction of cut-off marks after recruitment results are published is impermissible and upheld candidates' rights to be considered under original advertised criteria, setting aside the Gujarat High Court's decision.

administrative appeal_allowed Significant recruitment cut-off marks horizontal reservation special reservation

Sureshkumar Lalitkumar Patel v. State of Gujarat

20 Feb 2023 · Sanjiv Khanna; M. M. Sundresh

The Supreme Court held that reducing cut-off marks after publication of results to accommodate horizontal reservation without amending the advertisement is arbitrary and violates Article 14, thereby restoring original selection criteria while directing accommodation of special category candidates within permissible reservation limits.

administrative appeal_allowed Significant recruitment process cut-off marks horizontal reservation vertical reservation

Khora Through Legal Heirs & Ors. v. Mohar Sai & Ors.

20 Feb 2023 · V. Ramasubramanian; Pankaj Mithal

The Supreme Court held that Revenue Authorities' orders do not bar civil suits on title where the transferee is a tribal and affirmed civil court jurisdiction to decide genuineness of land transactions under the Chhattisgarh Land Revenue Code.

civil appeal_dismissed Significant res judicata benami transaction Chhattisgarh Land Revenue Code, 1959 Section 257 jurisdiction bar

Government of NCT of Delhi v. Krishan Kumar

17 Feb 2023 · M.R. Shah; C.T. Ravikumar; Sanjay Karol · 2023 INSC 140

The Supreme Court held that land acquisition does not lapse under Section 24(2) of the 2013 Act if possession has been taken, even if compensation has not been paid, overruling Pune Municipal Corporation and affirming the Indore Development Authority judgment.

property appeal_allowed Significant Section 24(2) RTFCTLARR Act 2013 land acquisition lapse possession and compensation Indore Development Authority