Supreme Court of India

16,355 judgments

Year:

Zila Parishad, Thane v. Santosh Tukaram Tiware

24 Nov 2022 · M. R. Shah; M. M. Sundresh

The Supreme Court held that prolonged contractual service without due selection does not entitle an employee to regularization and set aside the High Court's order directing regularization and quashing termination.

labor appeal_allowed Significant contractual employment regularization temporary appointment termination order

Mrs. Ramani v. Tamil Nadu Slum-Clearance Board

24 Nov 2022 · M. R. Shah; M. M. Sundresh · 2022 INSC 1226

The Supreme Court upheld the cancellation of an illegal allotment of land reserved for public convenience and dismissed the petition challenging unauthorized construction without municipal approval.

property appeal_dismissed Significant public convenience town planning scheme allotment cancellation unauthorized construction

Mrs. Ramani v. Tamil Nadu Slum-Clearance Board

24 Nov 2022 · M. R. Shah; M. M. Sundresh
Cites 0 · Cited by 1

The Supreme Court upheld the cancellation of allotment of a plot reserved for public convenience and dismissed the petitioner's challenge to unauthorized construction on the plot.

property appeal_dismissed Significant public convenience town planning scheme allotment cancellation unauthorized construction

The Commissioner of Income Tax - 23 v. M/s. Mansukh Dyeing and Printing Mills

24 Nov 2022 · M.R. Shah; M.M. Sundresh

The Supreme Court held that crediting revalued assets to partners' capital accounts in a partnership constitutes a taxable transfer under Section 45(4) of the Income Tax Act, overruling earlier decisions and allowing the Revenue's appeal.

tax appeal_allowed Significant Section 45(4) Income Tax Act capital gains tax partnership firm revaluation transfer of capital assets

The Commissioner of Income Tax - 23 v. M/s. Mansukh Dyeing and Printing Mills

24 Nov 2022 · M. R. Shah; M. M. Sundresh

The Supreme Court held that crediting revalued assets to partners' capital accounts in a partnership firm constitutes a transfer under Section 45(4) of the Income Tax Act, attracting capital gains tax even without dissolution of the firm.

tax appeal_allowed Significant Section 45(4) Income Tax Act capital gains tax partnership firm revaluation transfer of capital assets

M/s. Meenakshi Solar Power Pvt. Ltd. v. M/s. Abhyudaya Green Economic Zones Pvt. Ltd.

23 Nov 2022 · B.V. Nagarathna; B.R. Gavai
Cites 0 · Cited by 1

The Supreme Court held that issues of novation and existence of arbitration agreement at the Section 11(6) stage must generally be left to the Arbitral Tribunal, setting aside the High Court's dismissal of the arbitration appointment application.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 11(6) novation arbitration clause

The TATA Power Company Limited Transmission v. Maharashtra Electricity Regulatory Commission & Ors.

23 Nov 2022 · Dhananjaya Y Chandrachud; A S Bopanna; J B Pardiwala · 2022 INSC 1222

The Supreme Court upheld MERC's discretion to grant a transmission licence for the HVDC Kudus-Aarey project under Section 62 without mandatory competitive bidding, ruling the project as existing and not subject to TBCB under the Government of Maharashtra's 2019 resolution.

administrative appeal_dismissed Significant Electricity Act 2003 Section 62 Section 63 Tariff Based Competitive Bidding

The TATA Power Company Limited Transmission v. Maharashtra Electricity Regulatory Commission

23 Nov 2022 · Dhananjaya Y Chandrachud; A.S. Bopanna; J.B. Pardiwala

The Supreme Court upheld MERC's grant of a transmission licence for the Kudus-Aarey HVDC project under Section 62 without competitive bidding, affirming regulatory discretion and the co-equal status of Sections 62 and 63 of the Electricity Act, 2003.

administrative appeal_dismissed Significant Electricity Act 2003 Section 62 Section 63 Tariff Based Competitive Bidding

Union of India v. Subrata Nath

23 Nov 2022 · Dhananjaya Y. Chandrachud; Hima Kohli
Cites 3 · Cited by 0

The Supreme Court held that courts must not reappreciate evidence or substitute findings in departmental disciplinary proceedings and upheld the dismissal of a CISF constable for negligence and prior misconduct, setting aside the High Court's order of reinstatement and fresh punishment.

administrative appeal_allowed Significant departmental inquiry disciplinary proceedings judicial review natural justice

Union of India v. Subrata Nath

23 Nov 2022 · Dhananjaya Y. Chandrachud; Hima Kohli
Cites 1 · Cited by 0

The Supreme Court held that courts must not reappreciate evidence or interfere with disciplinary penalties unless findings are perverse or inquiry flawed, restoring dismissal of a CISF constable for negligence and dereliction of duty.

administrative appeal_allowed Significant departmental inquiry disciplinary proceedings judicial review natural justice

The Revenue Divisional Officer v. Ismail Bhai

22 Nov 2022 · S. ABDUL NAZEER; J.K. MAHESHWARI

The Supreme Court restored the Reference Court's compensation award of Rs. 250 per sq. yard for land acquired in 1981, rejecting the High Court's arbitrary reduction and denying deductions for development charges.

property appeal_allowed Significant land acquisition compensation Land Acquisition Act 1894 market value

Karnataka Power Transmission Corporation Limited v. JSW Energy Limited

22 Nov 2022 · K.M. Joseph; Aniruddha Bose; Hrishikesh Roy

The Supreme Court upheld the High Court's finding of a concluded power purchase contract prior to the Karnataka Electricity Reforms Act, 1999, limiting the Commission's tariff regulation jurisdiction and directing compliance with the government-approved tariff.

administrative appeal_dismissed Significant Power Purchase Agreement Karnataka Electricity Reforms Act, 1999 concluded contract tariff determination

Karnataka Power Transmission Corporation Limited v. JSW Energy Limited

22 Nov 2022 · K.M. Joseph; Aniruddha Bose; Hrishikesh Roy

The Supreme Court upheld that a binding tariff contract existed prior to the Karnataka Electricity Reforms Act, 1999, protecting it from regulatory revision and directing compliance with the Government Order dated 12.05.1999.

administrative appeal_dismissed Significant Karnataka Electricity Reforms Act, 1999 Power Purchase Agreement tariff determination concluded contract

The State of Madhya Pradesh v. M/S Sew Construction Limited

18 Nov 2022 · A. S. Bopanna; Pamidighantam Sri Narasimha

The Supreme Court upheld the arbitral award granting escalation claims under a construction contract where conditions precedent were satisfied, rejecting res judicata and limiting administrative discretion.

civil appeal_dismissed Significant escalation claim contract interpretation res judicata arbitration award

The State of Madhya Pradesh v. M/S Sew Construction Limited & Ors.

18 Nov 2022 · A. S. Bopanna; Pamidighantam Sri Narasimha

The Supreme Court upheld the arbitral award granting escalation to the Contractor under a contract clause requiring written permission for quarry change, rejecting the State's plea of res judicata and limitation.

civil appeal_dismissed Significant escalation claim contract interpretation res judicata arbitration award

Amy Mehta v. State of Karnataka

17 Nov 2022 · M. R. Shah; Hima Kohli · 2022 INSC 1215

The Supreme Court set aside the High Court's bail order in a serious sexual offence case for failure to consider investigation material and remitted the matter for fresh bail consideration.

criminal appeal_allowed Significant bail Section 439 CrPC serious offences sexual assault

Amy Mehta v. State of Karnataka

17 Nov 2022 · M. R. Shah; Hima Kohli

The Supreme Court set aside the High Court's bail order in a sexual assault case for failure to consider the seriousness of offences and investigation material, remitting the matter for fresh bail consideration.

criminal appeal_allowed Significant bail Section 439 CrPC sexual assault delay in FIR

Leelamma Mathew v. Indian Overseas Bank

17 Nov 2022 · M. R. Shah; Krishna Murari · 2022 INSC 1214

The Supreme Court held that a suit for compensation for deficiency in auctioned secured property is maintainable despite Section 34 of SARFAESI Act, and the Bank is liable for non-disclosure and handing over lesser area than sold.

civil appeal_allowed Significant SARFAESI Act Section 34 SARFAESI auction sale secured property

Leelamma Mathew v. Indian Overseas Bank

17 Nov 2022 · M. R. Shah; Krishna Murari

The Supreme Court held that a suit for damages due to deficiency in auctioned property area under SARFAESI Act is maintainable and not barred by Section 34, allowing compensation where the Bank issued a sale certificate for more land than actually possessed.

civil appeal_allowed Significant SARFAESI Act Section 34 auction sale secured property damages for deficiency

M/s Polyflex (India) Pvt. Ltd. v. The Commissioner of Income Tax & Another

17 Nov 2022 · M.R. Shah; M.M. Sundresh

The Supreme Court held that manufacturing and selling polyurethane foam, a product specified in the Eleventh Schedule, disqualifies the assessee from claiming deduction under Section 80-IB of the Income Tax Act, dismissing the appeal and upholding the High Court's decision.

tax appeal_dismissed Significant Section 80-IB Income Tax Act, 1961 Eleventh Schedule polyurethane foam