Supreme Court of India

16,357 judgments

Year:

AUTHORITY OF INDIA v. M. HAKEEM & ANR

20 Jul 2021 · R. F. Nariman; B. R. Gavai · 2021 INSC 344
Cites 2 · Cited by 0

The Supreme Court held that courts under Section 34 of the Arbitration and Conciliation Act, 1996 have no power to modify arbitral awards and can only set aside or remit them on limited grounds, overruling contrary High Court decisions in land acquisition compensation cases under the National Highways Act.

civil appeal_allowed Significant Section 34 Arbitration Act 1996 modification of arbitral award National Highways Act 1956 arbitration

National Highways Authority of India v. M. Hakeem & Anr.

20 Jul 2021 · R. F. Nariman; B. R. Gavai

The Supreme Court held that courts under Section 34 of the Arbitration and Conciliation Act, 1996 cannot modify arbitral awards, limiting judicial power to setting aside or remitting awards, and overruled the Madras High Court's contrary view in land acquisition compensation cases under the National Highways Act.

civil appeal_allowed Significant Section 34 Arbitration Act 1996 Modification of arbitral award National Highways Act 1956 Judicial interference in arbitration

A P Mahesh Cooperative Urban Bank Shareholders Welfare Association v. Ramesh Kumar Bung

20 Jul 2021 · Indira Banerjee; V. Ramasubramanian

The Supreme Court upheld the High Court's interim stay of criminal proceedings in election-related fraud complaints, emphasizing caution against abuse of criminal law in election disputes.

criminal appeal_dismissed Significant Section 482 CrPC interim stay abuse of process election dispute

Shubhas Jain v. Rajeshwari Shivam & Ors.

20 Jul 2021 · Indira Banerjee; V. Ramasubramanian

The Supreme Court set aside the Bombay High Court's order permitting structural alteration of a dangerous building, holding that courts should not decide disputed technical facts and emphasizing the primacy of safety in eviction and redevelopment cases.

civil appeal_allowed Significant Article 226 Constitution of India writ jurisdiction structural safety dangerous building

Shubhas Jain v. Rajeshwari Shivam & Ors.

20 Jul 2021 · Indira Banerjee; V. Ramasubramanian
Cites 0 · Cited by 2

The Supreme Court set aside the High Court's order permitting structural alteration in a dangerous building, emphasizing deference to Municipal Corporation's safety classification and upholding the landlord's redevelopment proposal.

property appeal_allowed Significant writ jurisdiction Article 226 building safety C-1 category building

ATLANTA INFRASTRUCTURE LTD. v. DELTA MARINE COMPANY

19 Jul 2021 · Sanjay Kishan Kaul; Hemant Gupta · 2021 INSC 338

The Supreme Court held that interference in bank guarantee encashment is limited to cases of fraud directly related to the guarantee and dismissed the appeal seeking to admit unrelated expert evidence to delay encashment.

civil appeal_allowed Significant bank guarantee encashment Order 41 Rule 27 CPC Section 45 Evidence Act

ATLANTA INFRASTRUCTURE LTD. v. DELTA MARINE COMPANY

19 Jul 2021 · Sanjay Kishan Kaul; Hemant Gupta

The Supreme Court held that judicial interference in encashment of an independent bank guarantee is limited to cases of egregious fraud directly related to the guarantee and dismissed attempts to delay encashment based on unrelated signature discrepancies.

civil appeal_allowed Significant bank guarantee encashment independent contract Order 41 Rule 27 CPC

K.P. NATARAJAN v. MUTHALAMMAL

16 Jul 2021 · Indira Banerjee; V. Ramasubramanian · 2021 INSC 337

The Supreme Court upheld the High Court’s setting aside of an ex-parte decree passed against a minor without proper guardian appointment, emphasizing mandatory procedural safeguards and the High Court’s wide powers under Article 227.

civil appeal_dismissed Significant Order XXXII Rule 3 CPC guardian for minor ex-parte decree nullity

K.P. NATARAJAN & ANR. v. MUTHALAMMAL & ORS.

16 Jul 2021 · Indira Banerjee; V. Ramasubramanian

The Supreme Court upheld the High Court’s setting aside of an ex-parte decree passed against a minor without proper guardian appointment under Order XXXII, Rule 3 CPC (Madras amendment), affirming the mandatory nature of procedural safeguards and the High Court’s wide superintendence jurisdiction under Article 227.

civil appeal_dismissed Significant Order XXXII Rule 3 CPC guardian appointment minor defendant ex-parte decree nullity

Sachin Kashyap & Ors v. Sushil Chandra Srivastava & Ors

15 Jul 2021 · Vineet Saran; Dinesh Maheshwari · 2021 INSC 335

The Supreme Court held that a Writ Petition cannot be expanded to restrict DJ music without pleadings or impleading affected parties, and such restrictions must comply with law and licensing requirements.

constitutional appeal_allowed Significant Writ Petition Noise Pollution Rules 2000 Article 19(1)(g) Article 226

Sachin Kashyap & Ors v. Sushil Chandra Srivastava & Ors

15 Jul 2021 · Vineet Saran; Dinesh Maheshwari

The Supreme Court held that the High Court exceeded its jurisdiction by issuing noise pollution restrictions on DJ music without pleadings or impleadment, quashing such directions while affirming lawful regulation under noise pollution rules.

constitutional appeal_allowed Significant Writ Petition Noise Pollution DJ music Article 19(1)(g)

New Okhla Industrial Development Authority v. B D Singhal

15 Jul 2021 · Dhananjaya Y Chandrachud; M R Shah
Cites 1 · Cited by 0

The Supreme Court held that enhancement of retirement age by government order with prospective effect cannot be given retrospective operation by courts, affirming the executive's policy domain and denying retrospective benefits to employees retired before the effective date.

administrative appeal_allowed Significant age of superannuation retirement age enhancement prospective effect retrospective effect

New Okhla Industrial Development Authority v. B D Singhal

15 Jul 2021 · Dhananjaya Y Chandrachud; MR Shah
Cites 1 · Cited by 0

The Supreme Court held that enhancement of retirement age by the State government is a policy decision validly made with prospective effect, and courts cannot direct retrospective effect absent express provision or arbitrariness.

administrative appeal_allowed Significant age of superannuation retirement age prospective effect retrospective effect

Dr. Rohit Kumar v. Secretary Office of Lt. Governor of Delhi & Ors.

15 Jul 2021 · Indira Banerjee; V. Ramasubramanian · 2021 INSC 336

The Supreme Court allowed a doctor denied Study Leave during COVID-19 to pursue postgraduate studies, directing his admission in the next session and reconsideration of leave in light of improved circumstances.

administrative appeal_allowed Significant Study Leave COVID-19 pandemic Medical Officer Postgraduate medical admission

Dr. Rohit Kumar v. Secretary Office of Lt. Governor of Delhi & Ors.

15 Jul 2021 · Indira Banerjee; V. Ramasubramanian
Cites 0 · Cited by 2

The Supreme Court allowed a doctor denied Study Leave during COVID-19 to pursue postgraduate studies, directing admission in the next session and reconsideration of leave in light of improved pandemic conditions.

administrative appeal_allowed Significant Study Leave COVID-19 pandemic Medical Officer Postgraduate medical admission

Franklin Templeton Trustee Services Private Limited v. Amruta Garg

14 Jul 2021 · S. Abdul Nazeer; Sanjiv Khanna · 2021 INSC 333

The Supreme Court held that trustees must obtain the consent of the majority of voting unitholders before winding up a mutual fund scheme under SEBI Mutual Fund Regulations, harmonizing the regulatory provisions to protect unitholder interests.

administrative other Significant Mutual Fund Regulations Regulation 18(15)(c) Regulations 39 to 42 Winding up of mutual fund schemes

FRANKLIN TEMPLETON TRUSTEE SERVICES PRIVATE LIMITED v. AMRUTA GARG

14 Jul 2021 · S. Abdul Nazeer; Sanjiv Khanna

The Supreme Court held that trustees must obtain majority unitholders' consent before winding up a mutual fund scheme under SEBI Regulations, interpreting Regulation 18(15)(c) harmoniously with Regulations 39 to 42.

corporate other Significant Mutual Fund Regulations Winding up Trustees' consent Unitholders' consent

Madras Bar Association v. Union of India

14 Jul 2021 · L. Nageswara Rao; S. Ravindra Bhat
Cites 3 · Cited by 0

The Supreme Court held that the Tribunal Reforms Ordinance, 2021 and related amendments violating separation of powers and judicial independence are unconstitutional, safeguarding tribunal appointments made under judicial directions.

constitutional petition_allowed Significant Separation of powers Judicial independence Tribunal Reforms Ordinance 2021 Finance Act 2017 amendments

Madras Bar Association v. Union of India

14 Jul 2021 · L. Nageswara Rao; S. Ravindra Bhat
Cites 4 · Cited by 5

The Supreme Court held that legislative provisions undermining tribunal independence and breaching separation of powers are unconstitutional, protecting tribunal members' tenure and appointment rights.

constitutional petition_allowed Significant tribunal reforms separation of powers judicial independence legislative overruling

Ismailbhai I. Kansara v. State of Gujarat

13 Jul 2021 · Sanjay Kishan Kaul; Hemant Gupta

The Supreme Court upheld the eviction of an encroacher from evacuee land, holding that only displaced persons with verified claims have rights to such land under the Displaced Persons Act and government policy.

property appeal_dismissed Significant evacuee land Displaced Persons (Compensation and Rehabilitation) Act, 1954 encroachment eviction order