Supreme Court of India

17,536 judgments

Year:

The State of Rajasthan v. Komal Lodha

13 Jan 2023 · M. R. Shah; S. R. Ravindra Bhat · 2023 INSC 32
Cites 0 · Cited by 1

The Supreme Court upheld the commutation of death penalty to life imprisonment but set aside the High Court's unwarranted adverse observations on investigation and judicial conduct.

criminal appeal_partly_allowed Significant death penalty commutation Section 302 IPC judicial discipline

The State of Rajasthan v. Komal Lodha

13 Jan 2023 · M. R. Shah; S. R. Ravindra Bhat

The Supreme Court upheld the High Court's commutation of death penalty to life imprisonment but expunged its unwarranted observations on investigation and procedural aspects, emphasizing judicial discipline.

criminal appeal_partly_allowed Significant death penalty commutation Section 302 IPC judicial discipline

M/s Oswal Plastic Industries v. Manager, Legal Deptt N.A.I.C.O. Ltd

13 Jan 2023 · M. R. Shah; C. T. Ravikumar
Cites 1 · Cited by 0

The Supreme Court held that in fire insurance claims where the insurer cannot reinstate damaged property, the insured is entitled to reinstatement value rather than depreciated value under Clause 9 of Section 2 of the policy.

civil appeal_allowed Significant insurance policy interpretation reinstatement value depreciated value fire insurance claim

Ranvir Singh v. The State of Madhya Pradesh

12 Jan 2023 · B. R. Gavai; M. M. Sundresh
Cites 1 · Cited by 1

The Supreme Court set aside murder convictions due to unreliable dying declaration, contradictory evidence, and unfair investigation, emphasizing strict scrutiny in cases under Section 149 IPC.

criminal appeal_allowed Significant dying declaration first information report Section 149 IPC investigating officer

Prakash Nayi @ Sen v. State of Goa

12 Jan 2023 · B. R. Gavai; M. M. Sundresh

The Supreme Court acquitted the appellant on the ground of legal insanity under Section 84 IPC, holding that the burden of proving unsoundness of mind is on a preponderance of probabilities and must be properly considered by courts.

criminal appeal_allowed Significant Section 84 IPC unsoundness of mind legal insanity medical insanity

Prakash Nayi @ Sen v. State of Goa

12 Jan 2023 · B. R. Gavai; M. M. Sundresh

The Supreme Court acquitted the appellant on the ground of legal insanity under Section 84 IPC, emphasizing the distinction between medical and legal insanity and the burden of proof on the accused.

criminal appeal_allowed Significant Section 84 IPC legal insanity unsoundness of mind burden of proof

Boby v. State of Kerala

12 Jan 2023 · B. R. Gavai; M. M. Sundresh

The Supreme Court acquitted the appellant due to failure of prosecution to prove recovery under Section 27 Evidence Act and incomplete chain of circumstances, holding that last seen theory alone cannot sustain conviction.

criminal appeal_allowed Significant circumstantial evidence Section 27 Indian Evidence Act last seen theory recovery of dead body

Boby v. State of Kerala

12 Jan 2023 · B.R. Gavai; M.M. Sundresh

The Supreme Court acquitted the appellant Boby due to failure of the prosecution to prove recovery evidence under Section 27 of the Evidence Act and insufficiency of circumstantial evidence beyond last seen theory.

criminal appeal_allowed Significant circumstantial evidence Section 27 Indian Evidence Act last seen theory recovery of dead body

Mohinder Pal and Others v. State of J & K

12 Jan 2023 · B. R. Gavai; M. M. Sundresh
Cites 0 · Cited by 1

The Supreme Court converted murder convictions to culpable homicide not amounting to murder due to contradictions in prosecution evidence and granted benefit of doubt to accused under Exception I of Section 300 RPC.

criminal appeal_allowed Significant dying declaration private defense benefit of doubt murder

Mohinder Pal v. State of J & K

12 Jan 2023 · B. R. Gavai; M. M. Sundresh

The Supreme Court reduced the appellants' murder conviction to culpable homicide not amounting to murder due to contradictions in prosecution evidence and granted them benefit of doubt under Exception I of Section 300 RPC.

criminal appeal_allowed Significant dying declaration right of private defence grave and sudden provocation benefit of doubt

Vijay and Anr. v. State of Madhya Pradesh

11 Jan 2023 · B. R. Gavai; M. M. Sundresh · 2023 INSC 699

The Supreme Court acquitted the appellants of murder charges due to unreliable sole eyewitness testimony marred by contradictions and prior enmity, granting them the benefit of doubt.

criminal appeal_allowed Significant sole eyewitness testimony benefit of doubt previous enmity Section 302 IPC

Vijay and Anr. v. State of Madhya Pradesh

11 Jan 2023 · B. R. Gavai; M. M. Sundresh · 2023 INSC 699

The Supreme Court acquitted appellants of murder charges, holding that conviction based solely on unreliable and contradictory eyewitness testimony cannot be sustained.

criminal appeal_allowed Significant sole eyewitness testimony benefit of doubt prior enmity Sections 302/34 IPC

Resident’s Welfare Association and Another v. The Union Territory of Chandigarh

10 Jan 2023 · B. R. Gavai; B. V. Nagarathna · 2023 INSC 22
Cites 1 · Cited by 0

The Supreme Court upheld the High Court's ruling that construction and occupation of multiple floors by different persons on single dwelling plots in Chandigarh does not constitute illegal fragmentation or apartmentalization absent recognized subdivision under the repealed 2001 Rules.

property appeal_dismissed Significant Chandigarh Master Plan 2031 apartmentalization fragmentation Capital of Punjab (Development and Regulations) Act, 1952

Resident’s Welfare Association and Another v. The Union Territory of Chandigarh and Others

10 Jan 2023 · B. R. Gavai; B. V. Nagarathna
Cites 1 · Cited by 0

The Supreme Court upheld that mere construction and occupation of multiple floors by co-owners on a single dwelling plot in Chandigarh does not amount to illegal fragmentation or apartmentalization without recognized sub-division by the Estate Officer.

property appeal_dismissed Significant fragmentation apartmentalization Capital of Punjab (Development and Regulations) Act, 1952 Chandigarh Master Plan 2031

EVA AGRO FEEDS PRIVATE LIMITED v. PUNJAB NATIONAL BANK

10 Jan 2023 · B. V. Nagarathna; Ujjal Bhuyan

The Supreme Court held that a Liquidator may cancel an auction before completion of sale only with reasons, and cancellation without reasons is arbitrary, restoring the sale in favor of the highest bidder who was not disqualified as a related party.

corporate appeal_allowed Significant Liquidator discretion Cancellation of auction Insolvency and Bankruptcy Code, 2016 E-auction

AMD Industries Limited v. Commissioner of Trade Tax

09 Jan 2023 · M. R. Shah; Krishna Murari

The Supreme Court held that manufacturing improved goods using modern technology does not constitute 'diversification' under Section 4-A(5) of the U.P. Trade Tax Act, denying the appellant's claim for trade tax exemption.

tax appeal_dismissed Significant U.P. Trade Tax Act Section 4-A(5) diversification modernization

AMD Industries Limited v. Commissioner of Trade Tax

09 Jan 2023 · M.R. Shah; Krishna Murari

The Supreme Court held that manufacturing improved goods using modern technology does not amount to diversification under Section 4-A(5) of the U.P. Trade Tax Act, denying trade tax exemption claimed by the appellant.

tax appeal_dismissed Significant U.P. Trade Tax Act Section 4-A(5) diversification modernization

Tata Sons Pvt Ltd v. Siva Industries and Holdings Ltd & Ors

05 Jan 2023 · Dhananjaya Y Chandrachud; Pamidighantam Sri Narasimha · 2023 INSC 13

The Supreme Court held that the 2019 amendment to Section 29A excludes international commercial arbitrations from mandatory timelines, allowing the arbitral tribunal to continue proceedings beyond twelve months without automatic termination of its mandate.

arbitration appeal_allowed Significant Section 29A Arbitration Act International commercial arbitration Arbitral award timeline 2019 Amendment

Kotak Mahindra Bank Limited v. Girnar Corrugators Pvt. Ltd.

05 Jan 2023 · M.R. Shah; Krishna Murari
Cites 0 · Cited by 3

The Supreme Court held that recoveries under the SARFAESI Act have priority over those under the MSMED Act, and the SARFAESI Act's provisions prevail in case of conflict.

civil appeal_allowed Significant MSMED Act SARFAESI Act priority of payments secured creditor

Rohan Dhungat v. The State of Goa

05 Jan 2023 · M.R. Shah; C.T. Ravikumar

The Supreme Court held that the period of parole must be excluded from the calculation of 14 years of actual imprisonment required for premature release under the Goa Prisons Rules, 2006.

criminal appeal_dismissed Significant parole premature release actual imprisonment Goa Prisons Rules, 2006