Supreme Court of India

16,355 judgments

Year:

Ajith K & Ors. v. Aneesh K.S. & Ors.

21 Aug 2019 · Dhananjaya Y Chandrachud; Indira Banerjee

The Supreme Court upheld that the Diploma in Health Inspectors Course is not an equivalent or higher qualification to the prescribed Sanitary Inspectors' Certificate under Kerala service rules, dismissing appeals challenging exclusion of DHIC holders from recruitment shortlists.

administrative appeal_dismissed Significant Kerala State and Subordinate Services Rules 1958 Rule 10(a)(ii) equivalent qualification Diploma in Health Inspectors Course

Ajith K & Ors. v. Aneesh K.S. & Ors.

21 Aug 2019 · Dhananjaya Y Chandrachud; Indira Banerjee

The Supreme Court upheld the exclusion of candidates with a DHIC qualification from Junior Health Inspector Grade-II shortlists, holding that the DHIC was not recognized as equivalent or higher under the applicable service rules.

administrative appeal_dismissed Significant Kerala State and Subordinate Services Rules Rule 10(a)(ii) equivalent qualification Diploma in Health Inspectors Course

Pramod Suryabhan Pawar v. State of Maharashtra

21 Aug 2019 · Dhananjaya Y Chandrachud; Indira Banerjee
Cites 1 · Cited by 0

The Supreme Court quashed an FIR alleging rape on the basis that the complainant's consent was not vitiated by a false promise of marriage, emphasizing that mere breach of promise does not constitute rape under Section 376 IPC.

criminal appeal_allowed Significant consent rape false promise of marriage Section 375 IPC

Prabhakar Gones Prabhu Navelkar v. Saradchandra Suria Prabhu Navelkar

21 Aug 2019 · Navin Sinha; K. M. Joseph
Cites 1 · Cited by 0

The Supreme Court dismissed the appeal holding that the plaintiffs' title was contingent on a condition precedent not fulfilled, their rights were extinguished by limitation and acquiescence, and the 1969 partition deed excluding them was valid.

civil appeal_dismissed Significant joint family property partition suit title acknowledgment condition precedent

Prabhakar Gones Prabhu Navelkar v. Saradchandra Suria Prabhu Navelkar

21 Aug 2019 · Navin Sinha; K.M. Joseph

The Supreme Court dismissed the appeal, holding that the plaintiffs' claim to shares in family properties was barred by limitation and prescription, affirming the finality of inventory proceedings and registration in favor of other family members.

civil appeal_dismissed Significant joint family property partition suit title acknowledgment inventory proceedings

Abdullakoya Haji & Ors. v. Rubis Tharayil & Anr.

20 Aug 2019 · R. Banumathi; A. S. Bopanna

The Supreme Court held that plaintiffs must prove continuous readiness and willingness with full financial capacity for specific performance, setting aside the High Court's decree and restoring the Trial Court's dismissal with directions for refund of advance with interest.

civil appeal_allowed Significant specific performance readiness and willingness agreement for sale balance sale consideration

Abdullakoya Haji & Ors. v. Rubis Tharayil & Anr.

20 Aug 2019 · R. Banumathi; A. S. Bopanna

The Supreme Court held that specific performance requires continuous readiness and willingness including full payment capacity, set aside the High Court decree granting specific performance, and restored the Trial Court decree directing refund of advance with interest.

civil appeal_allowed Significant specific performance readiness and willingness balance sale consideration equitable relief

Shakeena & Anr. v. Bank of India & Ors.

20 Aug 2019 · A.M. Khanwilkar; Ajay Rastogi

The Supreme Court held that sale of secured assets under SARFAESI Act is complete upon issuance of sale certificate without need for registration, extinguishing the borrower's right of redemption if dues are not tendered before auction date.

civil appeal_dismissed Significant SARFAESI Act sale certificate right of redemption Section 13(4)

Shakeena & Anr. v. Bank of India & Ors.

20 Aug 2019 · A.M. Khanwilkar; Ajay Rastogi

The Supreme Court held that sale of secured assets under SARFAESI Act is complete upon issuance of sale certificate without mandatory registration, extinguishing the borrower's right of redemption if dues are not tendered before the auction date, and dismissed the appellants' challenge to the auction sale.

civil appeal_dismissed Significant SARFAESI Act sale certificate right of redemption public auction

M/S NATESAN AGENCIES (PLANTATIONS) v. STATE REP. BY THE SECRETARY TO GOVERNMENT ENVIRONMENT AND FORESTS DEPARTMENT

20 Aug 2019 · Abhay Manohar Sapre; Dinesh Maheshwari · 2019 INSC 921
Cites 3 · Cited by 0

The Supreme Court dismissed the appeal, holding that the appellant was not entitled to damages for deprivation of land use under the wildlife sanctuary notification due to lack of unlawful deprivation and bar of limitation.

civil appeal_dismissed Significant Wild Life (Protection) Act, 1972 sanctuary notification leasehold rights damages claim

M/S NATESAN AGENCIES (PLANTATIONS) v. STATE REP. BY THE SECRETARY TO GOVERNMENT ENVIRONMENT AND FORESTS DEPARTMENT

20 Aug 2019 · Abhay Manohar Sapre; Dinesh Maheshwari
Cites 3 · Cited by 0

The Supreme Court dismissed the appeal, holding that the appellant had no enforceable rights against the State post sanctuary notification, the suit for damages was barred by limitation, and lawful State action under the Wild Life (Protection) Act does not attract liability without proof of unlawful conduct.

civil appeal_dismissed Significant Wild Life (Protection) Act, 1972 leasehold rights damages limitation

Mustafa v. State of Uttar Pradesh

20 Aug 2019 · L. Nageswara Rao; Hemant Gupta · 2019 INSC 924
Cites 1 · Cited by 0

The Supreme Court held that under the United Provinces Excise Act, the Collector exclusively has jurisdiction to confiscate vehicles used in illicit liquor transportation, independent of criminal prosecution, and the Magistrate has no power to order release or confiscation contrary to the Act.

criminal appeal_dismissed Significant confiscation United Provinces Excise Act Collector jurisdiction vehicle seizure

Mustafa v. State of Uttar Pradesh

20 Aug 2019 · L. Nageswara Rao; Hemant Gupta
Cites 2 · Cited by 0

The Supreme Court held that under the United Provinces Excise Act, the Collector exclusively has jurisdiction to order confiscation of vehicles used in illicit liquor transportation, independent of criminal prosecution and overriding the Magistrate's powers under the CrPC.

criminal appeal_dismissed Significant Confiscation Collector jurisdiction United Provinces Excise Act Vehicle seizure

M/s Kut Energy Pvt. Ltd. & Ors. v. The Authorized Officer, Punjab National Bank, Large Corporate Branch, Ludhiana & Ors.

20 Aug 2019 · Uday Umesh Lalit; Vineet Saran

The Supreme Court held that a deposit made with the Court as bona fide support for a settlement proposal under SARFAESI proceedings is not a secured asset or debt and must be refunded if the proposal is rejected and the writ petition dismissed.

civil appeal_allowed Significant SARFAESI Act One Time Settlement deposit with Court secured asset

Tilak Raj Bakshi v. Avinash Chand Sharma

20 Aug 2019 · Ashok Bhushan; K.M. Joseph · 2019 INSC 923
Cites 1 · Cited by 0

The Supreme Court upheld the validity of a family settlement restricting sale without written concurrence and first preference to brothers, held that failure to act on a reasonable offer results in loss of preferential right, and clarified limits on specific performance and possession rights in family property disputes.

civil appeal_allowed Significant family settlement partial restriction on alienation right of preemption specific performance

Tilak Raj Bakshi v. Avinash Chand Sharma

20 Aug 2019 · Ashok Bhushan; K.M. Joseph
Cites 1 · Cited by 0

The Supreme Court upheld the validity of a family settlement clause granting preferential purchase rights but held that failure to act on a reasonable offer results in loss of such right and set aside the High Court's finding of vagueness, while denying specific performance and possession against a tenant.

civil appeal_allowed Significant family settlement preferential right of purchase right of preemption specific performance

Goa State Cooperative Bank Ltd. v. Krishna Nath A.

20 Aug 2019 · Arun Mishra; S. Abdul Nazeer; M.R. Shah

The Supreme Court held that termination of winding up proceedings under Section 109 does not bar continuation of recovery proceedings against defaulting members, allowing the liquidator Bank to proceed with recovery despite expiry of the liquidation period.

civil appeal_allowed Significant Section 109 Maharashtra Cooperative Societies Act winding up proceedings liquidation termination recovery of loans

Goa State Cooperative Bank Ltd. v. Krishna Nath A.

20 Aug 2019 · Arun Mishra; S. Abdul Nazeer; M.R. Shah

The Supreme Court held that expiry of the winding up period under Section 109 does not bar recovery proceedings against defaulting members, allowing the cooperative bank to continue recovery despite termination of liquidation.

civil appeal_allowed Significant Maharashtra Cooperative Societies Act, 1960 Section 109 winding up proceedings liquidation

Guruviah v. The State

20 Aug 2019 · Ashok Bhushan; Navin Sinha · 2019 INSC 927
Cites 1 · Cited by 0

The Supreme Court upheld convictions of village assistants under the Prevention of Corruption Act based on circumstantial evidence and presumption under Section 20, rejecting their defense of bonafide belief.

criminal appeal_dismissed Significant Prevention of Corruption Act, 1988 Section 20 presumption illegal gratification circumstantial evidence

Guruviah v. The State

20 Aug 2019 · Ashok Bhushan; Navin Sinha
Cites 1 · Cited by 0

The Supreme Court upheld the conviction of village assistants for accepting illegal gratification under the Prevention of Corruption Act, applying the presumption under Section 20 and rejecting their bonafide belief defence.

criminal appeal_dismissed Significant Prevention of Corruption Act, 1988 Section 20 presumption illegal gratification corruption conviction