Supreme Court of India

16,355 judgments

Year:

Atul Chandra Das v. Rabindra Nath Bhattacharya

04 Apr 2019 · Ashok Bhushan; K. M. Joseph

The Supreme Court upheld that a mortgage by conditional sale is valid under Section 37(a) of the Bengal Money-Lenders Act even if the condition is in a separate document, dismissing the appellant's ejectment and specific performance claims.

civil appeal_dismissed Significant mortgage by conditional sale Section 58(c) Transfer of Property Act Section 37(a) Bengal Money-Lenders Act repugnancy

Bhagwan Das Goel v. Pyare Kishan Agarwal

04 Apr 2019 · Abhay Manohar Sapre; Dinesh Maheshwari · 2019 INSC 464

The Supreme Court allowed the appeal and remanded the case to the High Court to reconsider the maintainability of an arbitration application arising from an unregistered partnership in light of binding precedent.

civil appeal_allowed Significant arbitration unregistered partnership Section 20 Arbitration Act 1940 Section 69(3) Partnership Act

Bhagwan Das Goel v. Pyare Kishan Agarwal

04 Apr 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court allowed the appeal and remanded the case for fresh consideration of the maintainability of arbitration proceedings involving an unregistered partnership, directing the High Court to apply the binding precedent in Krishna Motor Service.

civil appeal_allowed Significant Arbitration Act 1940 Partnership Act 1932 Unregistered partnership Section 69(3) Partnership Act

Laxmi Chaudhary v. Sahib Singh Chaudhary

03 Apr 2019 · R. Banumathi; R. Subhash Reddy

The Supreme Court restored the stay of eviction for the appellant-defendant upon compliance with payment conditions, directing interim damages for use and occupation pending appeal disposal.

civil appeal_allowed Significant eviction suit stay of eviction damages for use and occupation conditional payment

Hammad Ahmed v. Abdul Majeed & Ors.

03 Apr 2019 · Uday Umesh Lalit; Hemant Gupta
Cites 1 · Cited by 0

The Supreme Court held that succession to the office of Chief Mutawalli of Hamdard is governed by the Wakf Deed’s provisions favoring the senior most male descendant holding office, rejecting the application of lineal primogeniture and upholding interim reliefs in favor of the Appellant.

civil appeal_allowed Significant Chief Mutawalli Wakf Deed lineal primogeniture Muslim personal law

Gopalakrishna v. Narayanagowda

03 Apr 2019 · Ashok Bhushan; K. M. Joseph · 2019 INSC 459

The Supreme Court held that the appellants’ suits for recovery of property were barred by limitation as the widow had only a limited estate and the respondents’ possession and title were validly established.

property appeal_dismissed Significant Hindu widow estate Mysore Hindu Law Women’s Right to Property Act, 1933 stridhana reversioners

Gopalakrishna v. Narayanagowda

03 Apr 2019 · Ashok Bhushan; K. M. Joseph

The Supreme Court held that a Hindu widow's limited estate does not confer absolute ownership when a daughter survives, and reversioners must sue within limitation period after the widow's death, dismissing the appellants' claims as barred by limitation.

property appeal_dismissed Significant Hindu widow estate Mysore Hindu Law Women’s Right to Property Act, 1933 Section 10(2)(g) reversioners

Girish Mittal v. Parvati V. Sundaram & Anr.

02 Apr 2019 · L. Nageswara Rao; M. R. Shah · 2016 (3) SCC 525

The Supreme Court held that the RBI must comply with RTI Act disclosures as directed, rejecting fiduciary exemption claims, and found RBI's disclosure policy violating Court orders amounts to contempt.

administrative petition_allowed Significant Right to Information Act, 2005 Section 8 exemptions fiduciary relationship Reserve Bank of India

Pioneer Urban Land & Infrastructure Ltd. v. Govindan Raghavan

02 Apr 2019 · Uday Umesh Lalit; Indu Malhotra
Cites 0 · Cited by 1

The Supreme Court upheld the consumer commission's order directing the builder to refund the flat purchaser with interest due to inordinate delay in possession and held that one-sided contractual clauses are unenforceable as unfair trade practices.

consumer_protection appeal_dismissed Significant deficiency of service consumer protection unfair contract terms occupancy certificate

DHARANI SUGARS AND CHEMICALS LTD. v. UNION OF INDIA

02 Apr 2019 · R.F. Nariman; Vineet Saran · 2019 INSC 457

The Supreme Court upheld the constitutional validity of Sections 35AA and 35AB of the Banking Regulation Act and the RBI's 2018 circular mandating timely resolution of stressed assets, rejecting challenges of arbitrariness and ultra vires action.

constitutional petition_dismissed Significant Banking Regulation Act Sections 35AA and 35AB RBI circular 2018 stressed assets resolution

DHARANI SUGARS AND CHEMICALS LTD. v. UNION OF INDIA

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

The Supreme Court upheld the constitutional validity of Sections 35AA and 35AB of the Banking Regulation Act and the RBI’s 2018 circular mandating timelines for resolution of stressed assets, rejecting challenges of arbitrariness and ultra vires.

constitutional petition_dismissed Significant Banking Regulation Act Sections 35AA and 35AB RBI circular 2018 stressed assets resolution

Pawan Kumar v. Babulal

02 Apr 2019 · Uday Umesh Lalit; Indu Malhotra

The Supreme Court held that a suit for declaration of title over property held in another's name but purchased with the plaintiff's own funds is not barred under Section 4 of the Benami Act if a fiduciary relationship exists, and such issues cannot be decided on a preliminary rejection of the plaint.

civil appeal_allowed Significant Benami Transactions (Prohibition) Act, 1988 Section 4 fiduciary capacity Order VII Rule 11 CPC

Pawan Kumar v. Babulal

02 Apr 2019 · Uday Umesh Lalit; Indu Malhotra

The Supreme Court held that a suit claiming ownership of property held in another's name is not barred under the Benami Transactions Act if it falls within the fiduciary capacity exception, and such issues require full trial rather than dismissal at the plaint stage.

civil appeal_allowed Significant Benami Transactions (Prohibition) Act, 1988 Section 4 fiduciary capacity Order VII Rule 11 CPC

Anant Shankar Bhave v. Kalyan Dombivli Municipal Corporation

02 Apr 2019 · Abhay Manohar Sapre; Dinesh Maheshwari · 2019 INSC 452

The Supreme Court dismissed the appeal against the dismissal of a land dispute suit for improper reliefs but granted liberty to file a fresh suit with proper pleadings and evidence.

civil appeal_dismissed land dispute ownership injunction declaration

Anant Shankar Bhave v. Kalyan Dombivli Municipal Corporation

02 Apr 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court dismissed the appeal against the dismissal of a suit challenging municipal construction on land, holding that proper reliefs require proof of ownership and due process violations, but granted liberty to file a fresh suit.

civil appeal_dismissed land ownership municipal corporation street line alignment due process of law

Devendra Prasad Singh v. State of Bihar

02 Apr 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court held that prior sanction under Section 197 Cr.P.C. is not required when offences are committed outside official duties and that High Court cannot quash a complaint at the threshold by appreciating evidence under Section 482 Cr.P.C.

criminal appeal_allowed Significant Section 197 Cr.P.C. Section 482 Cr.P.C. prior sanction prima facie case

Devendra Prasad Singh v. State of Bihar

02 Apr 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court held that prior sanction under Section 197 Cr.P.C. is not required if the alleged offence by a government official is unrelated to official duties and that High Courts cannot quash complaints on appreciation of evidence under Section 482 Cr.P.C., restoring the complaint for trial.

criminal appeal_allowed Significant Section 197 Cr.P.C. Section 482 Cr.P.C. prior sanction quashing of complaint

National Investigation Agency v. Zahoor Ahmad Shah Watali

02 Apr 2019 · A.M. Khanwilkar; Ajay Rastogi
Cites 2 · Cited by 0

The Supreme Court set aside the High Court's grant of bail under UAPA, holding that the Court must consider all materials including protected witness statements at the bail stage and that the accusation against the accused must be prima facie true to deny bail.

criminal appeal_allowed Significant bail Unlawful Activities (Prevention) Act Section 43D prima facie

Nagar Ayukt Nagar Nigam, Kanpur v. Sri Mujib Ullah Khan; Nagar Nigam, Gorakhpur v. Ram Shanker Yadav

02 Apr 2019 · Mohan M. Shantanagoudar; Hemant Gupta

The Supreme Court held that the Payment of Gratuity Act, 1972 applies to municipal employees by virtue of a Central Government notification and overrides inconsistent State provisions, entitling employees to gratuity under the Act.

labor appeal_dismissed Significant Payment of Gratuity Act, 1972 Municipal Corporation gratuity Central Government notification

Nagar Ayukt Nagar Nigam Kanpur v. Sri Mujib Ullah Khan; Nagar Nigam Gorakhpur v. Ram Shanker Yadav

02 Apr 2019 · Mohan M. Shantanagoudar; Hemant Gupta
Cites 1 · Cited by 0

The Supreme Court held that the Payment of Gratuity Act, 1972 applies to Municipal Corporation employees by virtue of a Central Government notification, overriding restrictive state regulations, and dismissed the appeals.

labor appeal_dismissed Significant Payment of Gratuity Act, 1972 Municipal Corporation gratuity Central Government notification