Supreme Court of India

16,355 judgments

Year:

Regional Manager, U.P.S.R.T.C. & Anr v. Maslahuddin

16 Apr 2019 · L. Nageswara Rao; M. R. Shah

The Supreme Court held that employees whose pay scales were retrospectively revised and arrears paid fall under the revised classification for retirement age, allowing the Corporation to retire drivers at 58 years instead of 60.

labor appeal_allowed Significant age of superannuation pay scale revision retrospective pay scale Group C classification

Regional Manager, U.P.S.R.T.C. & Anr v. Maslahuddin

16 Apr 2019 · L. Nageswara Rao; M. R. Shah

The Supreme Court held that employees whose pay scale was retrospectively revised and accepted fall under the revised classification for retirement age, allowing the Corporation to retire Drivers at 58 years instead of 60.

labor appeal_allowed Significant age of superannuation pay scale revision retrospective pay scale Group C classification

Bal Mukund Sharma @ Balmukund Chaudhry v. The State of Bihar

16 Apr 2019 · N.V. Ramana; Mohan M. Shantanagoudar; S. Abdul Nazeer

The Supreme Court held that only the accused who actually committed murder can be convicted under Section 302 IPC, and others cannot be held liable under Section 149 IPC without proof of common object or knowledge, resulting in partial acquittals and modification of sentences.

criminal appeal_allowed Significant Section 302 IPC Section 149 IPC common object unlawful assembly

Bal Mukund Sharma @ Balmukund Chaudhry v. The State of Bihar

16 Apr 2019 · N. V. Ramana; Mohan M. Shantanagoudar; S. Abdul Nazeer

The Supreme Court held that only the accused who gave the fatal shot can be convicted for murder under Section 302 IPC read with Section 149 IPC, acquitting others due to lack of proof of common object.

criminal appeal_allowed Significant Section 302 IPC Section 149 IPC common object unlawful assembly

Dr RS Grewal & Ors v. Chander Parkash Soni & Anr

16 Apr 2019 · Dhananjaya Y Chandrachud; Hemant Gupta

A life tenant under a will can create a tenancy protected under rent control laws, and such tenancy survives the life tenant's death, precluding a suit for possession treating the tenant as a trespasser.

property appeal_dismissed Significant life interest restricted estate tenancy statutory tenant

Lunawat Construction Company v. Union of India

16 Apr 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court transferred writ petitions challenging the constitutional validity of the Ancient Monuments Act to the High Court of Bombay for merits adjudication and disposed of the petitions accordingly.

constitutional other Procedural constitutional validity Article 32 Ancient Monuments Act transfer of cases

SARV JAN KALYAN SEWA SAMITI v. UNION OF INDIA

16 Apr 2019 · Dhananjaya Y Chandrachud; Hemant Gupta

The Supreme Court set aside the NGT's order disposing of a pending application without hearing objections, restoring the appellant's right to pursue remedies in environmental proceedings.

administrative appeal_allowed Significant National Green Tribunal Original Application land exchange forest land encroachment

Ranjit Kumar Karmakar @ Dulal Karmakar v. Hari Shankar Das

16 Apr 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court held that a High Court must decide the substantial questions of law framed in a second appeal under Section 100 CPC, and failure to do so renders its order unsustainable, warranting remand for fresh hearing.

civil appeal_allowed Significant second appeal substantial question of law Section 100 CPC High Court jurisdiction

Ranjit Kumar Karmakar @ Dulal Karmakar v. Hari Shankar Das

16 Apr 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court held that a second appeal must be decided strictly on the substantial questions of law framed by the High Court and remanded the case for fresh hearing after setting aside the impugned order that failed to do so.

civil appeal_allowed Significant second appeal substantial question of law Section 100 CPC High Court jurisdiction

Anand Duparte v. Shriram City Union Finance Ltd.

16 Apr 2019 · Uday Umesh Lalit; Indu Malhotra

The Supreme Court allowed the appeal holding that delay by the finance company in obtaining the insurance policy after receiving the premium constituted deficiency of service, barring loan recovery from the deceased borrower's widow.

civil appeal_allowed Significant deficiency of service insurance premium personal loan insurance policy delay

Bharat Broadband Network Limited v. United Telecoms Limited

16 Apr 2019 · R.F. Nariman; Vineet Saran

The Supreme Court held that an arbitrator appointed by an ineligible Managing Director under Section 12(5) of the Arbitration Act is void ab initio, and only an express written waiver post-dispute can validate such appointment.

civil appeal_allowed Significant Section 12(5) Arbitration and Conciliation Act ineligible arbitrator void ab initio waiver express agreement

Bharat Broadband Network Limited v. United Telecoms Limited

16 Apr 2019 · R.F. Nariman; Vineet Saran

The Supreme Court held that an arbitrator appointed by an ineligible Managing Director under Section 12(5) of the Arbitration Act is void ab initio, and only an express written waiver post-dispute can validate such appointment.

civil appeal_allowed Significant Section 12(5) Arbitration Act ineligible arbitrator void ab initio appointment express waiver in writing

Punjab Urban Planning and Development Authority v. Karamjit Singh

15 Apr 2019 · Uday Umesh Lalit; Indu Malhotra

The Supreme Court held that a regularization obtained by fraudulent inclusion without fulfilling eligibility criteria is void ab initio, and such an appointee is not entitled to protections under labor laws or service regulations.

labor appeal_allowed Significant regularization daily wager fraudulent appointment Industrial Disputes Act, 1947

Md. Allauddin Khan v. The State of Bihar

15 Apr 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court held that a criminal complaint should not be quashed merely because a civil dispute exists and that prima facie allegations must be examined without appreciating evidence at the quashing stage.

criminal appeal_allowed Significant prima facie case quashing of complaint Section 482 Cr.P.C. criminal cognizance

Md. Allauddin Khan v. The State of Bihar

15 Apr 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court held that a criminal complaint should not be quashed at the cognizance stage merely because a civil dispute exists or witness statements have contradictions, restoring the trial court's order to proceed with the case.

criminal appeal_allowed Significant prima facie case quashing of complaint Section 482 Cr.P.C. appreciation of evidence

Bihari Lal v. The State of Rajasthan

15 Apr 2019 · Abhay Manohar Sapre; Dinesh Maheshwari · 2019 INSC 528

The Supreme Court held that at the charge framing stage, courts must frame charges if prima facie material exists and should not assess evidence in detail, setting aside the discharge of accused under Section 307 IPC.

criminal appeal_allowed Significant charge framing Section 307 IPC prima facie case medical reports

Bihari Lal v. The State of Rajasthan

15 Apr 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court held that at the charge framing stage, courts must frame charges if prosecution evidence prima facie discloses an offence under Section 307 IPC, without delving into detailed scrutiny of medical reports.

criminal appeal_allowed Significant Section 307 IPC charge framing prima facie case medical reports

Dr. Manohar Ganapathi Ravankar v. H. Gurunanda Raikar

15 Apr 2019 · Dhananjaya Y. Chandrachud; Hemant Gupta · 2019 INSC 526

The Supreme Court held that specific performance requires proof of readiness and willingness to perform, dismissed the plaintiff's appeal for specific performance due to lack of evidence of payment, and ordered refund of earnest money with interest.

civil appeal_allowed Significant specific performance readiness and willingness agreement of sale earnest money

Dr. Manohar Ganapathi Ravankar v. H. Gurunanda Raikar

15 Apr 2019 · Dhananjaya Y. Chandrachud; Hemant Gupta

The Supreme Court held that specific performance cannot be granted without proof of readiness and willingness to perform, dismissed the Plaintiff's appeal, and ordered refund of earnest money with interest.

civil appeal_allowed Significant specific performance readiness and willingness sale agreement earnest money

Ashok Kumar Mehra & Anr. v. State of Punjab

15 Apr 2019 · Abhay Manohar Sapre; Dinesh Maheshwari
Cites 2 · Cited by 0

The Supreme Court allowed the appeal of a juvenile convict under Section 302 IPC, setting aside his conviction and sentence on the ground that he was below 18 years at the time of the offence and entitled to the benefit of the Juvenile Justice Act.

criminal appeal_allowed Significant juvenile justice juvenility Section 302 IPC birth certificate