Supreme Court of India

13,887 judgments

Year:
Showing 2020 — 1117 judgments found

Union of India v. N K Srivasta

23 Jul 2020 · Dhananjaya Y Chandrachud; Indu Malhotra; K M Joseph

The Supreme Court upheld the NCDRC's finding of medical negligence against Safdarjung Hospital, clarified the scope of consumer jurisdiction over hospitals providing free treatment to some patients, and dismissed the appeal with important caveats on jurisdictional issues.

consumer_protection appeal_dismissed Significant medical negligence consumer protection hospital liability free medical treatment

Subhash Kumar v. State of Bihar

23 Jul 2020 · L. Nageswara Rao; Hemant Gupta; Ajay Rastogi · 2020 INSC 644

The Supreme Court quashed the order relegating a long-serving administrative officer to a different service cadre without hearing, holding it violated natural justice and exceeded the scope of prior court directions.

administrative petition_allowed Significant principles of natural justice service cadre revision Bihar Administrative Service Combined Competitive Examination

Subhash Kumar v. State of Bihar

23 Jul 2020 · L. Nageswara Rao; Hemant Gupta; Ajay Rastogi

The Supreme Court quashed the order relegating a long-serving officer from Bihar Administrative Service to Bihar Education Service, holding that such action without hearing violates natural justice and misinterprets the Court's earlier directions.

administrative petition_allowed Significant natural justice merit list revision seniority Bihar Administrative Service

Anita Sharma v. The New India Assurance Co. Ltd.

23 Jul 2020 · Surya Kant; Aniruddha Bose
Cites 1 · Cited by 2

The Supreme Court restored the Tribunal's award holding the car owner liable for rash driving, accepted the eyewitness testimony, and directed enhanced compensation with future prospects in a motor accident claim.

civil appeal_allowed Significant Motor Accident Claims Tribunal rash and negligent driving eyewitness credibility preponderance of probabilities

New Delhi & Anr. v. M/s Samsung Heavy Industries Co. Ltd.

22 Jul 2020 · R. F. Nariman; Navin Sinha; B. R. Gavai

The Supreme Court held that the Mumbai Project Office of Samsung Heavy Industries was only an auxiliary liaison office and did not constitute a permanent establishment under the India-Korea DTAA, thus no income was taxable in India on that basis.

tax appeal_dismissed Significant permanent establishment double taxation avoidance agreement turnkey project fixed place of business

New Delhi & Anr. v. M/s Samsung Heavy Industries Co. Ltd.

22 Jul 2020 · R. F. Nariman; Navin Sinha; B. R. Gavai

The Supreme Court held that the Mumbai Project Office of Samsung Heavy Industries was only an auxiliary liaison office and did not constitute a permanent establishment under the India-Korea DTAA, dismissing the tax department's appeal to tax income attributable to it.

tax appeal_dismissed Significant permanent establishment double taxation avoidance agreement India-Korea DTAA turnkey project

Shiv Raj Gupta v. Commissioner of Income-Tax, Delhi-IV

22 Jul 2020 · R. F. Nariman; Navin Sinha; B. R. Gavai
Cites 1 · Cited by 0

The Supreme Court held that a non-compete fee received under a restrictive covenant is a capital receipt not taxable under Section 28(ii)(a) of the Income Tax Act, and set aside the High Court's decision taxing it as termination compensation.

tax appeal_allowed Significant non-compete fee restrictive covenant Section 28(ii)(a) Income Tax Act capital receipt

Mohammed Yousuff @ Moula v. State of Karnataka

22 Jul 2020 · N. V. Ramana; S. Abdul Nazeer; Surya Kant · 2020 INSC 459

The Supreme Court upheld convictions under Section 366 IPC for kidnapping a minor girl with intent to compel marriage, emphasizing that consent is immaterial and the prosecution proved forcible abduction and confinement.

criminal appeal_dismissed Significant Section 366 IPC kidnapping with intent to compel marriage minor victim forcible confinement

Mohammed Yousuff @ Moula v. The State of Karnataka

22 Jul 2020 · N. V. Ramana; S. Abdul Nazeer; Surya Kant

The Supreme Court upheld convictions under Section 366 IPC and related offences, holding that kidnapping a minor with intent to compel marriage is punishable even if the marriage certificate is incomplete.

criminal appeal_dismissed Significant Section 366 IPC kidnapping with intent to compel marriage minor victim forcible confinement

Mohd. Anwar v. The State (N.C.T. of Delhi)

22 Jul 2020 · N. V. Ramana; S. Abdul Nazeer; Surya Kant

The Supreme Court upheld the conviction for robbery and possession of a prohibited weapon, rejecting belated claims of juvenility and mental illness due to lack of evidence.

criminal appeal_dismissed Significant robbery Section 394 IPC Section 25 Arms Act juvenility

Pyare Lal v. State of Haryana

17 Jul 2020 · Uday Umesh Lalit; Mohan M. Shantanagoudar; Vineet Saran

The Supreme Court held that remission under Article 161 must be exercised with due application of mind to individual cases and cannot be granted solely on a general policy without considering relevant facts, subject to limited judicial review to prevent arbitrariness.

criminal other Significant remission Article 161 Constitution life imprisonment Section 433-A CrPC

Pyare Lal v. State of Haryana

17 Jul 2020 · Uday Umesh Lalit; Mohan M. Shantanagoudar; Vineet Saran

The Supreme Court referred to a larger Bench the question whether remission under Article 161 can be granted by policy without individual case consideration, emphasizing remission powers must be exercised with application of mind and are subject to limited judicial review.

criminal other Significant Article 161 Constitution of India Section 433-A CrPC remission of sentence executive clemency

M/S. ULTRATECH CEMENT LTD. & ANR. v. STATE OF RAJASTHAN & ORS.

17 Jul 2020 · A. M. Khanwilkar; Dinesh Maheshwari

The Supreme Court held that the appellant was entitled only to 50% Capital Investment Subsidy under the Rajasthan Investment Promotion Scheme-2003, not 75%, and must refund excess subsidy with interest as the higher subsidy provisions were deleted before entitlement.

administrative appeal_dismissed Significant Rajasthan Investment Promotion Scheme-2003 Capital Investment Subsidy sub-clause (vi) and (vii) Clause 7 Board of Infrastructure Development and Investment Institution

Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal

14 Jul 2020 · R. F. Nariman; V. Ramasubramanian
Cites 0 · Cited by 4

The Supreme Court reaffirmed that electronic records as secondary evidence must be accompanied by a mandatory written certificate under Section 65B(4) of the Evidence Act, overruling contrary views and setting aside the High Court's reliance on uncertified electronic evidence.

constitutional appeal_allowed Significant Section 65B Indian Evidence Act admissibility of electronic evidence certificate under Section 65B(4) secondary evidence electronic records

Rajeev Gandhi Memorial College of Engineering and Technology & Anr. v. The State of Andhra Pradesh & Ors.

14 Jul 2020 · R.F. Nariman; Navin Sinha; B.R. Gavai

The Supreme Court held that fee fixation for unaided educational institutions must follow the statutory procedure under the Andhra Pradesh Educational Institutions Act, 1983, setting aside the State's interim fee order that bypassed this process.

administrative appeal_allowed Significant fee fixation unaided educational institutions Andhra Pradesh Educational Institutions Act, 1983 Rule 4

National Highways Authority of India v. Aam Aadmi Lokmanch

14 Jul 2020 · Rohinton Fali Nariman; S. Ravindra Bhat; V. Ramasubramanian
Cites 3 · Cited by 0

The Supreme Court upheld the National Green Tribunal’s jurisdiction and orders holding NHAI and others liable for environmental damage and death due to illegal hill cutting, and validated state restrictions on construction near hills under the MRTP Act.

environmental appeal_dismissed Significant National Green Tribunal Act, 2010 environmental compensation hill cutting Maharashtra Regional and Town Planning Act, 1966

National Highways Authority of India v. Aam Aadmi Lokmanch

14 Jul 2020 · Rohinton Fali Nariman; S. Ravindra Bhat; V. Ramasubramanian
Cites 1 · Cited by 2

The Supreme Court upheld the National Green Tribunal’s jurisdiction and orders holding NHAI and others liable for environmental degradation and deaths caused by illegal hill cutting, and validated State regulations restricting construction near hills.

environmental appeal_dismissed Significant National Green Tribunal Act, 2010 environmental compensation hill cutting illegal mining

Sri Marthanda Varma v. State of Kerala

13 Jul 2020 · Uday Umesh Lalit; Indu Malhotra · 2020 INSC 451

The Supreme Court held that the Maharaja's rights to manage the Sree Padmanabhaswamy Temple under the 1949 Covenant and Article 363 of the Constitution are protected from judicial interference, allowing the appellants to retain control over the Temple's administration.

constitutional appeal_allowed Significant Sree Padmanabhaswamy Temple Travancore-Cochin Hindu Religious Institutions Act, 1950 Article 363 Constitution of India Covenant of 1949

Sri Marthanda Varma Thr. LRs. & Anr. v. State of Kerala & Ors.

13 Jul 2020 · Uday Umesh Lalit; Indu Malhotra

The Supreme Court held that post-1971 constitutional amendments, the Travancore royal family cannot claim sovereign control over Sree Padmanabhaswamy Temple, affirming State authority to manage the Temple while preserving royal ceremonial rights.

constitutional appeal_dismissed Significant Sree Padmanabhaswamy Temple Travancore-Cochin Hindu Religious Institutions Act, 1950 Article 363 Constitution of India Constitution (Twenty Sixth Amendment) Act, 1971

Dahiben v. Arvindbhai Kalyanji Bhanusali

09 Jul 2020 · L. Nageswara Rao; Indu Malhotra
Cites 1 · Cited by 0

The Supreme Court dismissed the appeal holding that a suit challenging a registered Sale Deed on grounds of non-payment of sale consideration filed beyond three years is barred by limitation and does not disclose a cause of action.

civil appeal_dismissed Significant Order VII Rule 11 CPC limitation sale deed cancellation Transfer of Property Act