Supreme Court of India

17,536 judgments

Year:

Siddharth Mukesh Bhandari v. State of Gujarat

02 Aug 2022 · M.R. Shah; B.V. Nagarathna

The Supreme Court set aside the High Court's interim stay on investigation, reaffirming that such stays under Section 482 Cr.P.C. are permissible only in rarest of rare cases and directing prompt completion of investigation.

criminal appeal_allowed Significant Section 482 Cr.P.C. stay of investigation interim relief High Court powers

Siddharth Mukesh Bhandari v. State of Gujarat

02 Aug 2022 · M.R. Shah; B.V. Nagarathna
Cites 0 · Cited by 2

The Supreme Court set aside the High Court’s interim order staying investigation, reaffirming that such stays under Section 482 Cr.P.C. are permissible only in rarest cases and directing prompt completion of investigation.

criminal appeal_allowed Significant Section 482 Cr.P.C. Article 226 Constitution interim stay of investigation quashing of criminal proceedings

Noor Mohammed v. Khurram Pasha

02 Aug 2022 · Uday Umesh Lalit; S. Ravindra Bhat; Sudhanshu Dhulia

Failure to deposit interim compensation under Section 143A of the Negotiable Instruments Act cannot justify denial of the accused's right to cross-examine the complainant in a cheque bounce case.

criminal appeal_allowed Significant Section 138 Negotiable Instruments Act Section 143A Negotiable Instruments Act interim compensation right to cross-examination

Noor Mohammed v. Khurram Pasha

02 Aug 2022 · Uday Umesh Lalit; S. Ravindra Bhat; Sudhanshu Dhulia · 2022 INSC 779

The Supreme Court held that non-payment of interim compensation under Section 143A of the Negotiable Instruments Act cannot justify denial of the accused's right to cross-examine the complainant, setting aside convictions and remanding for fresh trial.

criminal appeal_allowed Significant Section 138 Negotiable Instruments Act Section 143A interim compensation right to cross-examination failure to deposit interim compensation

S. Kuldeep Singh v. S. Prithpal Singh

02 Aug 2022 · K. M. Joseph; Hrishikesh Roy
Cites 1 · Cited by 0

The Supreme Court held that an unregistered compromise deed and Deputy Commissioner's order passed during suspension of the Agrarian Reforms Act do not confer title to immovable property, setting aside the decree in favor of the respondent.

civil appeal_allowed Significant compromise deed registration of documents Jammu & Kashmir Agrarian Reforms Act, 1972 suspension of Act

S. Kuldeep Singh v. S. Prithpal Singh

02 Aug 2022 · K. M. Joseph; Hrishikesh Roy
Cites 1 · Cited by 1

The Supreme Court held that an unregistered compromise and order passed during suspension of the Agrarian Reforms Act do not confer title to immovable property, allowing the appellants' appeal and setting aside the decree in favor of the respondent.

civil appeal_allowed Significant compromise deed registration of documents Jammu & Kashmir Agrarian Reforms Act, 1972 suspension of statute

Dauvaram Nirmalkar v. State of Chhattisgarh

02 Aug 2022 · Sanjiv Khanna; Bela M. Trivedi
Cites 3 · Cited by 0

The Supreme Court modified a murder conviction to culpable homicide not amounting to murder under Exception 1 to Section 300 IPC, recognizing grave and sudden provocation and reduced the sentence accordingly.

criminal appeal_allowed Significant murder culpable homicide not amounting to murder grave and sudden provocation Exception 1 to Section 300 IPC

Asset Reconstruction Company (India) Limited v. Tulip Star Hotels Limited & Ors

01 Aug 2022 · Indira Banerjee; J.K. Maheshwari
Cites 1 · Cited by 1

The Supreme Court held that financial statements can constitute acknowledgment of debt extending limitation, allowing the financial creditor's insolvency application under Section 7 of the IBC against the corporate debtor.

corporate appeal_allowed Significant Insolvency and Bankruptcy Code, 2016 Section 7 IBC limitation acknowledgment of debt

Sunita Palita & Others v. M/s Panchami Stone Quarry

01 Aug 2022 · Indira Banerjee; J.K. Maheshwari
Cites 0 · Cited by 4

The Supreme Court held that independent non-executive Directors not responsible for day-to-day management cannot be held liable under Section 141 of the NI Act and quashed proceedings against them for cheque dishonour.

criminal appeal_allowed Significant Negotiable Instruments Act Section 138 Section 141 vicarious liability

Sunita Palita & Others v. M/s Panchami Stone Quarry

01 Aug 2022 · Indira Banerjee; J.K. Maheshwari

The Supreme Court held that independent non-executive Directors not responsible for day-to-day management cannot be held liable under Section 141 NI Act and quashed proceedings against them under Section 482 Cr.P.C.

criminal appeal_allowed Significant Negotiable Instruments Act Section 138 NI Act Section 141 NI Act independent non-executive Director

EIH LIMITED v. NADIA A VIRJI

01 Aug 2022 · M. R. Shah; B. V. Nagarathna

The Supreme Court held that municipal taxes payable by a tenant are recoverable as arrears of rent but do not form part of the rent for applicability of the West Bengal Premises Tenancy Act, 1997, thereby dismissing the landlord's appeal and upholding the tenancy protection under the Act.

civil appeal_dismissed Significant West Bengal Premises Tenancy Act, 1997 municipal tax rent definition Section 106 Transfer of Property Act

Raghavan Sasikumar v. Parameswaran Nadar

01 Aug 2022 · M. R. Shah; B. V. Nagarathna · 2022 INSC 773

The Supreme Court restored the Trial Court's dismissal of a boundary suit, holding plaintiffs cannot claim or protect possession beyond the land extent judicially declared in earlier litigation.

civil appeal_allowed Significant boundary dispute kudikidappu rights title and possession concurrent findings

Raghavan Sasikumar v. Parameswaran Nadar

01 Aug 2022 · M.R. Shah; B.V. Nagarathna

The Supreme Court held that plaintiffs can put up boundary walls only within the extent of land over which title was judicially declared, restoring lower courts' dismissal of the suit and setting aside the High Court's contrary decree.

civil appeal_allowed Significant boundary dispute kudikidappu rights title and possession adverse possession

AJAY KUMAR PANDEY v. STATE OF U.P.

01 Aug 2022 · Hemant Gupta; Vikram Nath

The Supreme Court upheld the validity of the Government Order identifying posts for reservation for persons with disabilities and held that reservation applies only to identified posts suitable for specific disabilities, dismissing the claim of locomotor disabled appellants for appointment against posts not so identified.

administrative appeal_dismissed Significant Persons with Disabilities Act, 1995 reservation identification of posts locomotor disability

National Company Law Tribunal Bar Association v. Union of India

01 Aug 2022 · Dhananjaya Y Chandrachud; Sudhanshu Dhulia · 2022 INSC 778
Cites 1 · Cited by 0

The Supreme Court held that appointments to the NCLT must comply with the statutory five-year tenure, but declined to extend the tenure of Members appointed for three years who had accepted such terms, allowing ongoing selection processes to continue.

administrative petition_dismissed Significant National Company Law Tribunal Section 413 Companies Act 2013 tenure of office appointment of tribunal members

National Company Law Tribunal Bar Association v. Union of India

01 Aug 2022 · Dhananjaya Y Chandrachud; Sudhanshu Dhulia
Cites 1 · Cited by 0

The Supreme Court held that appointments of NCLT Members must comply with the statutory five-year tenure, but declined to extend the tenure of Members appointed for three years when they themselves did not challenge it and an ongoing selection process was underway.

administrative petition_dismissed Significant National Company Law Tribunal tenure of office Section 413 Companies Act 2013 appointment notification

Daxaben v. State of Gujarat

29 Jul 2022 · Indira Banerjee; V. Ramasubramanian
Cites 1 · Cited by 11

The Supreme Court held that an FIR under Section 306 IPC for abetment of suicide cannot be quashed on the basis of a settlement between parties, emphasizing the limited scope of inherent powers under Section 482 CrPC in serious non-compoundable offences.

criminal appeal_allowed Significant Section 306 IPC Section 482 CrPC abetment of suicide quashing of FIR

M/S BHAGWANDAS B. RAMCHANDANI v. BRITISH AIRWAYS

29 Jul 2022 · K. M. Joseph; Pamidighantam Sri Narasimha
Cites 2 · Cited by 0

The Supreme Court held that the two-year limitation period under Rule 30 of the Carriage by Air Act, 1972 extinguishes the right to damages, excluding the applicability of the Limitation Act, 1963, and dismissed the suit as barred by limitation.

civil appeal_allowed Significant Carriage by Air Act, 1972 Limitation Act, 1963 Rule 30 Second Schedule extinguishment of right

National Petroleum Construction Company v. Deputy Commissioner of Income Tax, Circle 2(2), International Taxation, New Delhi & Anr.

29 Jul 2022 · Indira Banerjee; J.K. Maheshwari

The Supreme Court upheld the refusal to grant Nil TDS certificate under Section 197 of the Income Tax Act, holding that the question of Permanent Establishment is a factual issue for assessment proceedings and that the appellant is estopped from challenging a certificate issued at its own request.

tax appeal_dismissed Significant Section 197 Income Tax Act Tax Deduction at Source Permanent Establishment Income Tax Assessment

NATIONAL PETROLEUM CONSTRUCTION COMPANY v. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(2), INTERNATIONAL TAXATION, NEW DELHI & ANR.

29 Jul 2022 · Indira Banerjee; J.K. Maheshwari

The Supreme Court upheld the Income Tax Department's refusal to grant Nil TDS certificate for overseas activities under Section 197, holding that PE determination is a factual issue for assessment proceedings and the appellant is estopped from challenging the certificate issued at its own request.

tax appeal_dismissed Significant Section 197 Income Tax Act Tax Deduction at Source Permanent Establishment Income Tax Assessment