Supreme Court of India

16,355 judgments

Year:

Commissioner of Sales Tax Odisha v. M/s. Essel Mining and Industries Ltd

11 Jul 2022 · Uday Umesh Lalit; Pamidighantam Sri Narasimha

The Supreme Court referred to a three-Judge Bench the question whether the Commissioner’s power to extend audit assessment time under Section 42(6) of the Orissa VAT Act must be exercised before expiry of the initial six months or can be granted post-facto, in light of the binding precedent in Shreyans Industries.

tax other Significant Section 42(6) Orissa VAT Act extension of time audit assessment Assessing Authority

COMMISSIONER OF SALES TAX ODISHA v. M/S. ESSEL MINING AND INDUSTRIES LTD

11 Jul 2022 · Uday Umesh Lalit; Pamidighantam Sri Narasimha

The Supreme Court referred to a larger Bench the question whether the Commissioner’s power to extend audit assessment time under Section 42(6) of the Orissa VAT Act must be exercised before expiry of the initial six-month period, aligning with the principle that extension after expiry is invalid.

tax other Significant Section 42(6) Orissa VAT Act extension of time audit assessment limitation period

State of West Bengal v. Rakesh Singh

11 Jul 2022 · Dinesh Maheshwari; Aniruddha Bose

The Supreme Court upheld bail granted to an accused under the NDPS Act where serious contradictions in the prosecution case and absence of contraband recovery from the accused raised prima facie doubts, applying Section 37 rigours only to commercial quantity cases.

criminal appeal_dismissed Significant NDPS Act Section 27A NDPS Section 37 NDPS bail

State of West Bengal v. Rakesh Singh

11 Jul 2022 · Dinesh Maheshwari; Aniruddha Bose

The Supreme Court upheld bail granted to an accused under the NDPS Act due to serious doubts in prosecution case, intermediate quantity of contraband, and lack of prima facie evidence of financing illicit trafficking.

criminal appeal_dismissed Significant NDPS Act Section 27A NDPS Act Section 37 NDPS Act bail

Shishpal @ Shishu v. State of NCT of Delhi

11 Jul 2022 · Abhay S. Oka; M. M. Sundresh
Cites 1 · Cited by 0

The Supreme Court set aside murder convictions under Section 302 read with Section 34 IPC due to failure of prosecution to prove common intention and unreliable eyewitness evidence.

criminal appeal_allowed Significant Section 34 IPC common intention vicarious liability eyewitness testimony

Shishpal @ Shishu v. State of NCT of Delhi

11 Jul 2022 · Abhay S. Oka; M. M. Sundresh
Cites 1 · Cited by 0

The Supreme Court set aside murder convictions under Section 302 read with Section 34 IPC due to failure of prosecution to prove common intention and reliance on unreliable eyewitness testimony.

criminal appeal_allowed Significant Section 34 IPC common intention constructive liability eyewitness testimony

Satender Kumar Antil v. Central Bureau of Investigation

11 Jul 2022 · Sanjay Kishan Kaul; M. M. Sundresh
Cites 0 · Cited by 47

The Supreme Court laid down comprehensive guidelines on bail categorization, emphasized strict compliance with arrest procedures under Sections 41 and 41A CrPC, and reinforced the constitutional primacy of personal liberty under Article 21.

criminal other Significant bail guidelines Section 41 CrPC Section 41A CrPC Section 167(2) CrPC

National Highways Authority of India v. Sri P. Nagaraju @ Cheluvaiah & Anr

11 Jul 2022 · Indira Banerjee; A.S. Bopanna · 2022 INSC 689
Cites 2 · Cited by 0

The Supreme Court upheld arbitral awards enhancing land acquisition compensation under the National Highways Act, affirming the applicability of RFCTLARR Act provisions and limiting judicial interference to patent illegality.

property appeal_dismissed Significant land acquisition National Highways Act RFCTLARR Act, 2013 arbitral award

National Highways Authority of India v. Sri P. Nagaraju @ Cheluvaiah & Anr

11 Jul 2022 · Indira Banerjee; A.S. Bopanna
Cites 2 · Cited by 0

The Supreme Court upheld arbitral awards enhancing land acquisition compensation under the National Highways Act, affirming the applicability of RFCTLARR Act provisions and limiting judicial interference to cases of patent illegality.

property appeal_dismissed Significant land acquisition National Highways Act RFCTLARR Act, 2013 arbitration award

DELHI INTERNATIONAL AIRPORT LTD. v. AIRPORT ECONOMIC REGULATORY AUTHORITY OF INDIA

11 Jul 2022 · Sanjay Kishan Kaul; M. M. Sundresh

The Supreme Court upheld that Fuel Throughput Charges are aeronautical revenues subject to tariff regulation and affirmed the regulatory framework for tariff determination including the calculation of the Hypothetical Regulatory Asset Base.

administrative appeal_dismissed Significant Fuel Throughput Charges Aeronautical services Airports Economic Regulatory Authority of India Act Tariff determination

DELHI INTERNATIONAL AIRPORT LTD. v. AIRPORT ECONOMIC REGULATORY AUTHORITY OF INDIA

11 Jul 2022 · Sanjay Kishan Kaul; M. M. Sundresh

The Supreme Court upheld that Fuel Throughput Charges are aeronautical revenues subject to tariff regulation by AERA and affirmed the regulatory framework and tariff calculation methodology including the Hypothetical Regulatory Asset Base.

administrative appeal_dismissed Significant Fuel Throughput Charges Aeronautical services Airports Economic Regulatory Authority Tariff determination

Mohammad Irfan v. State of Karnataka

11 Jul 2022 · Uday Umesh Lalit; Hemant Gupta; S. Ravindra Bhat

The Supreme Court upheld the convictions of accused persons for conspiracy to wage war against the Government of India and terrorist activities linked to Lashkar-e-Toiba, affirming the sufficiency of evidence including recoveries, confessions, and incriminating literature.

criminal appeal_dismissed Significant conspiracy waging war against Government of India Lashkar-e-Toiba terrorist activities

Mohammad Irfan v. State of Karnataka

11 Jul 2022 · Uday Umesh Lalit; Hemant Gupta; S. Ravindra Bhat
Cites 0 · Cited by 1

The Supreme Court upheld convictions of accused for conspiring to wage war against India and engaging in terrorist activities based on recovered arms, literature, confessions, and documentary evidence.

criminal appeal_dismissed Significant conspiracy waging war against Government of India terrorist activities Lashkar-e-Toiba

R.M. Sundaram v. Sri Kayarohanasamy and Neelayadhakshi Amman Temple

11 Jul 2022 · Ajay Rastogi; Sanjiv Khanna

The Supreme Court upheld the specific endowment of 26 jewellery items to a temple deity, dismissing the appellant's ownership claim and affirming the temple's right to possession and use during religious festivals.

civil appeal_dismissed Significant specific endowment religious endowment Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 Kudavarai

Nanda Dulal Pradhan & Anr. v. Dibakar Pradhan & Anr.

11 Jul 2022 · M. R. Shah; B. V. Nagarathna

The Supreme Court held that defendants who failed to file a written statement cannot file it after setting aside an ex-parte decree but may participate in trial proceedings, restoring the First Appellate Court's order and setting aside the High Court's judgment.

civil appeal_allowed Significant ex-parte decree setting aside ex-parte decree written statement Order IX Rule 13 CPC

Nanda Dulal Pradhan & Anr. v. Dibakar Pradhan & Anr.

11 Jul 2022 · M. R. Shah; B. V. Nagarathna

The Supreme Court held that defendants who failed to file a written statement may still participate in suit proceedings after setting aside an ex-parte decree, restoring the First Appellate Court’s order and setting aside the High Court’s contrary decision.

civil appeal_allowed Significant ex-parte decree setting aside ex-parte judgment written statement Order IX Rule 13 CPC

Securities and Exchange Board of India v. Sunil Krishna Khaitan and Others

11 Jul 2022 · Sanjiv Khanna; Bela M. Trivedi
Cites 3 · Cited by 0

The Supreme Court clarified that Regulation 10 of the SEBI Takeover Regulations applies only when combined shareholding of an acquirer and persons acting in concert crosses 15% from below, upholding the Securities Appellate Tribunal's interpretation and limiting SEBI's directions accordingly.

administrative appeal_partly_allowed Significant SEBI Takeover Regulations 1997 Regulation 10 Regulation 11(1)

Securities and Exchange Board of India v. Sunil Krishna Khaitan and Others

11 Jul 2022 · Sanjiv Khanna; Bela M. Trivedi
Cites 3 · Cited by 0

The Supreme Court clarified that under SEBI Takeover Regulations, the obligation to make a public announcement arises only when combined shareholding of an acquirer and persons acting in concert crosses 15%, and the Securities Appellate Tribunal cannot substitute directions for open offers with monetary penalties.

administrative appeal_allowed Significant SEBI Takeover Regulations 1997 Regulation 10 interpretation persons acting in concert public announcement obligation

Utpal Trehan v. DLF Home Developers Ltd

11 Jul 2022 · Dinesh Maheshwari; Aniruddha Bose

The Supreme Court held that the allottee is not liable to pay maintenance charges to the builder absent a claim by the maintenance agency and restored the builder’s liability to pay delayed possession compensation from the date of booking until a valid offer of possession.

civil appeal_allowed Significant Apartment Buyers Agreement Delayed possession compensation Maintenance charges Consumer dispute

Utpal Trehan v. DLF Home Developers Ltd

11 Jul 2022 · Dinesh Maheshwari; Aniruddha Bose

The Supreme Court held that the builder must pay delayed possession compensation from the date of booking until fresh offer of possession and set aside directions requiring the allottee to pay maintenance charges absent a valid claim by the association.

civil appeal_allowed Significant delayed possession compensation maintenance charges Apartment Buyers’ Agreement Timely Payment Rebate