Supreme Court of India

13,887 judgments

Year:
Showing 2020 — 1117 judgments found

Partap Singh v. Shiv Ram

20 Feb 2020 · L. Nageswara Rao; Hemant Gupta · 2020 INSC 219

The Supreme Court held that statutory presumption of truth attached to revenue records cannot be rebutted solely by oral evidence and affirmed plaintiffs' ownership against defendant's tenancy claim.

civil appeal_allowed Significant presumption of truth revenue record Jamabandi Khasra Girdawari

Partap Singh v. Shiv Ram

20 Feb 2020 · L. Nageswara Rao; Hemant Gupta

The Supreme Court held that statutory presumption of truth attached to revenue records cannot be rebutted solely by oral evidence and affirmed plaintiffs' ownership against defendant's claim of tenancy.

civil appeal_allowed Significant presumption of truth revenue record Jamabandi Khasra Girdawari

Rajendra K. Bhutta v. Maharashtra Housing and Area Development Authority

19 Feb 2020 · R. F. Nariman; S. Ravindra Bhat; V. Ramasubramanian

The Supreme Court held that physical occupation under a Joint Development Agreement triggers the moratorium under Section 14(1)(d) of the Insolvency and Bankruptcy Code, restraining the owner from recovering possession during the insolvency resolution process.

corporate appeal_allowed Significant Section 14(1)(d) Insolvency and Bankruptcy Code moratorium Joint Development Agreement physical occupation

Krishnaveni Rai v. Pankaj Rai

19 Feb 2020 · Indira Banerjee; M.R. Shah

The Supreme Court held that a second marriage solemnized during the pendency of a belated appeal against a divorce decree is not null and void, and the appellant is entitled to maintenance under Section 125 CrPC.

family appeal_allowed Significant Hindu Marriage Act, 1955 Section 125 CrPC maintenance nullity of marriage

Krishnaveni Rai v. Pankaj Rai

19 Feb 2020 · Indira Banerjee; M. R. Shah

The Supreme Court held that a second marriage solemnized after divorce and after expiry of the appeal limitation period is not void, and maintenance cannot be denied on the ground of alleged nullity without a formal declaration.

family appeal_allowed Significant Hindu Marriage Act, 1955 Section 125 CrPC nullity of marriage maintenance

AGRA DIOCESAN TRUST ASSOCIATION v. ANIL DAVID

19 Feb 2020 · ARUN MISHRA; M. R. SHAH; S. RAVINDRA BHAT

The Supreme Court held that valuation for court fee in suits for cancellation of sale deeds by non-executant plaintiffs must be based on one-fifth of the market value computed as per revenue payable under Section 7(iv-A) of the U.P. Court Fees Act, overruling reliance on circle rates without proof.

civil appeal_allowed Significant court fee valuation Section 7(iv-A) Court Fees Act market value circle rate

AGRA DIOCESAN TRUST ASSOCIATION v. ANIL DAVID

19 Feb 2020 · Arun Mishra; M. R. Shah; S. R. Ravindra Bhat

The Supreme Court held that valuation for court fee in suits for cancellation of sale deeds by non-parties must be based on one-fifth of the market value as determined under Section 7(iv-A) of the Court Fees Act, and the question of valuation based on revenue payable is a factual issue to be tried.

civil appeal_allowed Significant court fee valuation Section 7(iv-A) Court Fees Act market value circle rate

DHEERAJ MOR v. HIGH COURT OF DELHI

19 Feb 2020 · ARUN MISHRA; S. RAVINDRA BHAT · 2020 INSC 209

The Supreme Court held that under Article 233(2), direct recruitment as District Judge is exclusively from advocates not in judicial service, and judicial officers cannot claim eligibility against the Bar quota.

constitutional appeal_dismissed Significant Article 233 Constitution of India District Judge appointment Judicial service eligibility Direct recruitment from Bar

Dheeraj Mor v. High Court of Delhi

19 Feb 2020 · Arun Mishra; S. Ravindra Bhat

The Supreme Court held that only practicing advocates not already in judicial service are eligible for direct recruitment as District Judges under Article 233(2), excluding judicial officers from the advocate quota.

constitutional appeal_dismissed Significant Article 233 District Judge appointment Judicial service Direct recruitment

The Idol of Sri Renganathaswamy v. P K Thoppulan Chettiar & Ors.

19 Feb 2020 · Dhananjaya Y Chandrachud; Ajay Rastogi

The Supreme Court held that the suit property is a specific endowment under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, barring civil court jurisdiction over its sale, and set aside the High Court's approval of the sale without statutory sanction.

civil appeal_allowed Significant specific endowment Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 public religious trust private trust

Suresh Chand and Anr v. Suresh Chander Thr LRs and Ors

19 Feb 2020 · Dhananjaya Y Chandrachud; Ajay Rastogi

The Supreme Court held that under the Rajasthan Pre-emption Act, 1966, a person with a superior right of pre-emption prevails over a transferee with an equal or inferior right, dismissing the appeal and upholding the lower courts' decisions.

civil appeal_dismissed Significant right of pre-emption Rajasthan Pre-emption Act 1966 Section 5(1)(c) Section 6(1)(ii)

M/S. ANANDA SOCIAL AND EDUCATIONAL TRUST v. THE COMMISSIONER OF INCOME TAX & ANR.

19 Feb 2020 · S.A. BOBDE; B.R. GAVAI; SURYA KANT · 2020 INSC 208

The Supreme Court held that a newly registered trust can be granted registration under section 12AA of the Income Tax Act based on its objects and proposed activities without prior activities, and non-expenditure on charitable purposes alone does not justify refusal or cancellation of registration.

tax appeal_dismissed Significant Section 12AA Income Tax Act, 1961 Trust registration Genuineness of activities

M/S. ANANDA SOCIAL AND EDUCATIONAL TRUST v. THE COMMISSIONER OF INCOME TAX

19 Feb 2020 · S.A. BOBDE; B.R. GAVAI; SURYA KANT

The Supreme Court held that a newly registered trust can be granted registration under section 12AA of the Income Tax Act based on its objects and proposed activities even if no activities have yet been undertaken.

tax appeal_dismissed Significant Section 12AA Income Tax Act Trust registration Genuineness of activities Proposed activities

Sanjeev Kapoor v. Chandana Kapoor

19 Feb 2020 · Ashok Bhushan; R. Subhash Reddy · 2020 INSC 215
Cites 1 · Cited by 0

The Supreme Court held that the Family Court can set aside its earlier maintenance order under Section 125 Cr.P.C. despite the embargo of Section 362 Cr.P.C., as the Code expressly permits alteration or cancellation of such orders to advance social justice.

criminal appeal_dismissed Significant Section 125 Cr.P.C. Section 362 Cr.P.C. maintenance Family Court

Sanjeev Kapoor v. Chandana Kapoor

19 Feb 2020 · Ashok Bhushan; R. Subhash Reddy
Cites 1 · Cited by 0

The Supreme Court held that the embargo under Section 362 Cr.P.C. does not bar a Family Court from altering or setting aside maintenance orders under Section 125 Cr.P.C., thereby upholding the restoration of the maintenance petition.

criminal appeal_dismissed Significant Section 125 Cr.P.C. Section 362 Cr.P.C. maintenance family court

Suresh Chand and Anr v. Suresh Chander (D) Thr LRs and Ors

19 Feb 2020 · Dhananjaya Y Chandrachud; Ajay Rastogi

The Supreme Court upheld that under the Rajasthan Pre-emption Act, 1966, a person with a superior right of pre-emption prevails over one with an equal or inferior right, dismissing the appeal challenging this principle.

civil appeal_dismissed Significant right of pre-emption Rajasthan Pre-emption Act 1966 Section 5(1)(c) Section 6(1)(ii)

DR. HIRA LAL v. STATE OF BIHAR

18 Feb 2020 · Uday Umesh Lalit; Indu Malhotra
Cites 1 · Cited by 0

The Supreme Court held that pension and gratuity cannot be withheld during pending criminal proceedings unless statutory rules permit it, overruling administrative circulars and directing payment of withheld amounts prior to the 2012 amendment.

constitutional appeal_allowed Significant pension gratuity withholding pension Bihar Pension Rules

Dr. Hira Lal v. State of Bihar

18 Feb 2020 · Uday Umesh Lalit; Indu Malhotra
Cites 1 · Cited by 0

The Supreme Court held that pension and gratuity cannot be withheld by executive instructions during pending proceedings before 2012, but withholding up to 10% pension is permissible post-2012 amendment under Rule 43(c) of Bihar Pension Rules.

administrative appeal_allowed Significant pension gratuity withholding pension Bihar Pension Rules

Vitran Nigam Limited & Anr v. Rahamatullah Khan alias Rahamjulla

18 Feb 2020 · Uday Umesh Lalit; Indu Malhotra
Cites 1 · Cited by 0

The Supreme Court held that electricity charges become 'first due' on the date of original billing, barring disconnection for supplementary demands raised after two years due to billing mistakes, though such demands may be recovered by other means.

administrative appeal_dismissed Significant Electricity Act 2003 Section 56 first due limitation period

The State of Maharashtra v. Pan India Paryatan Limited

18 Feb 2020 · Deepak Gupta; Hemant Gupta

The Supreme Court held that amusement parks are liable to pay entertainment duty as per the concessional rates under Section 3(5)(a) alone, rejecting the applicability of Section 3(2) rebate on lump sum admission tickets.

tax appeal_allowed Significant Bombay Entertainments Duty Act entertainment duty amusement park Section 3(5)(a)