Supreme Court of India

16,355 judgments

Year:

Gaurav Kumar @ Monu v. State of Haryana

15 Feb 2019 · Ashok Bhushan; K. M. Joseph

The Supreme Court remitted the question of the appellant's juvenility to the High Court for fresh consideration under the applicable Juvenile Justice Rules before deciding the criminal appeal on merits.

criminal other Significant juvenility juvenile justice rules age determination birth certificate

Mehboob-ur-Rehman v. Ahsanul Ghani

15 Feb 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court upheld dismissal of a suit for specific performance due to the plaintiff's failure to aver and prove continuous readiness and willingness to perform the contract as required under Section 16(c) of the Specific Relief Act, 1963.

civil appeal_dismissed Significant specific performance Section 16(c) Specific Relief Act readiness and willingness amendment of plaint

Mehboob-ur-Rehman v. Ahsanul Ghani

15 Feb 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court upheld dismissal of a suit for specific performance due to the plaintiff's failure to aver and prove continuous readiness and willingness to perform essential contract terms as required under Section 16(c) of the Specific Relief Act, 1963.

civil appeal_dismissed Significant specific performance Section 16(c) Specific Relief Act readiness and willingness amendment of plaint

Essar Shipping Ltd. v. The Board of Trustees for the Port of Calcutta

15 Feb 2019 · Abhay Manohar Sapre; Uday Umesh Lalit

The Supreme Court held that liability for damage to port property during vessel berthing caused by multiple factors cannot be fixed solely on the vessel Master when the port Berthing Master also fails in his duties, setting aside the Division Bench's exclusive imposition of liability on the Master.

civil appeal_allowed Significant Berthing Master Deballasting Draft of vessel Liability endorsement

Essar Shipping Ltd. v. The Board of Trustees for the Port of Calcutta

15 Feb 2019 · Abhay Manohar Sapre; Uday Umesh Lalit

The Supreme Court held that liability for damage during berthing cannot be fixed solely on the vessel's Master when the Port's Berthing Master fails in his duty to ascertain the vessel's draft, declaring the liability endorsement void and restoring the trial court's decree.

civil appeal_allowed Significant Berthing Master Deballasting Draft of vessel Liability endorsement

Union of India v. Lt Colonel Dharamvir Singh

15 Feb 2019 · Dhananjaya Y Chandrachud; Hemant Gupta

The Supreme Court held that the High Court lacked jurisdiction to interfere with Army disciplinary proceedings under the Army Act and Armed Forces Tribunal Act, setting aside the High Court's stay of an attachment order against an Army officer.

administrative appeal_allowed Significant Army Act 1950 Army Instructions 30/86 attachment order disciplinary jurisdiction

Srinivasan Iyenger v. Bimla Devi Agarwal

15 Feb 2019 · L. Nageswara Rao; M. R. Shah

The Supreme Court allowed appeals to quash criminal proceedings arising from alleged insurance fraud, permitting compounding of non-compoundable offences under Article 142 following amicable settlement between parties.

criminal appeal_allowed Significant quashing of criminal proceedings Section 482 CrPC Article 142 Constitution of India compounding of offences

Srinivasan Iyenger v. Bimla Devi Agarwal

15 Feb 2019 · L. Nageswara Rao; M. R. Shah

The Supreme Court quashed criminal proceedings involving alleged cheating and forgery on settlement between parties, exercising powers under Section 482 CrPC and Article 142 of the Constitution, recognizing the dispute's predominantly civil nature.

criminal appeal_allowed Significant quashing of criminal proceedings Section 482 CrPC Article 142 Constitution of India compounding of offences

Giriraj Garg v. Coal India Ltd.

15 Feb 2019 · Uday Umesh Lalit; Indu Malhotra
Cites 1 · Cited by 0

The Supreme Court held that an arbitration clause in a standard form scheme is incorporated by reference into individual sale orders, allowing appointment of an arbitrator to adjudicate disputes arising thereunder.

civil appeal_allowed Significant arbitration clause incorporation by reference Section 7(5) Arbitration and Conciliation Act, 1996 single contract case

Giriraj Garg v. Coal India Ltd.

15 Feb 2019 · Uday Umesh Lalit; Indu Malhotra
Cites 1 · Cited by 0

The Supreme Court held that the arbitration clause in the 2007 Scheme is incorporated by reference into individual coal sale orders, allowing appointment of an arbitrator to resolve disputes arising thereunder.

civil appeal_allowed Significant arbitration clause incorporation by reference Arbitration and Conciliation Act, 1996 Section 7(5)

GWALIOR DISTILLERIES PVT. LTD. v. THE STATE OF MADHYA PRADESH

15 Feb 2019 · L. NAGESWARA RAO; M.R. SHAH
Cites 1 · Cited by 0

The Supreme Court held that participation in a tender is not a precondition for grant of a CS-1 licence under the Madhya Pradesh Excise Act and Rules, and directed reconsideration of the appellant's licence application without arbitrary conditions.

administrative appeal_allowed Significant CS-1 licence Madhya Pradesh Country Spirit Rules, 1995 Excise Act, 1915 Article 14

Perry Kansagra v. Smriti Madan Kansagra

15 Feb 2019 · Abhay Manohar Sapre; Uday Umesh Lalit · 2019 INSC 215

The Supreme Court held that mediation and counsellor reports in child custody matters are admissible exceptions to confidentiality under the Family Courts Act and that the High Court erred in exercising review jurisdiction to exclude such reports.

family appeal_allowed Significant mediation confidentiality family courts act child custody parens patriae

Perry Kansagra v. Smriti Madan Kansagra

15 Feb 2019 · Abhay Manohar Sapre; Uday Umesh Lalit

The Supreme Court held that counsellor reports in child custody mediation are admissible exceptions to mediation confidentiality and set aside the High Court's review judgment excluding such reports.

family appeal_allowed Significant mediation confidentiality family courts act child custody parens patriae

Gagan Kumar v. The State of Punjab

14 Feb 2019 · Abhay Manohar Sapre; Dinesh Maheshwari · 2019 INSC 201

The Supreme Court held that failure to specify whether multiple sentences run concurrently or consecutively under Section 31 CrPC is a legal error and modified the sentence accordingly while upholding the conviction.

criminal appeal_allowed Significant Section 31 CrPC concurrent sentence consecutive sentence Section 279 IPC

Gagan Kumar v. The State of Punjab

14 Feb 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court held that failure to specify whether multiple sentences run concurrently or consecutively under Section 31 CrPC is a legal error and modified the sentence to run concurrently while upholding the conviction.

criminal appeal_allowed Significant Section 31 CrPC concurrent sentence consecutive sentence Section 279 IPC

Sirajul Hoque v. State of Assam

14 Feb 2019 · R. F. Nariman; Vineet Saran · 2019 INSC 199

The Supreme Court allowed the appeal and set aside the foreigner declaration against the appellant, holding that minor discrepancies in documents do not disprove citizenship when cogent evidence is produced.

constitutional appeal_allowed Significant Foreigner’s Tribunal Foreigners Act 1946 citizenship discrepancy in documents

Sirajul Hoque v. State of Assam

14 Feb 2019 · R. F. Nariman; Vineet Saran

The Supreme Court allowed the appeal and set aside the foreigner declaration, holding that minor discrepancies in documents do not disprove citizenship when credible evidence is produced.

criminal appeal_allowed Significant Foreigner’s Tribunal Foreigners Act 1946 citizenship discrepancy in documents

Government of NCT of Delhi v. Union of India

14 Feb 2019 · A. K. Sikri; Dipak Misra; R. F. Nariman; D. Y. Chandrachud;... · 2019 INSC 194
Cites 1 · Cited by 0

The Supreme Court clarified the constitutional scheme under Article 239AA, affirming the elected Government of Delhi's legislative and executive powers while delineating the limited discretionary role of the Lieutenant Governor and the President's overriding authority.

constitutional appeal_allowed Landmark Article 239AA National Capital Territory of Delhi Lieutenant Governor Legislative Assembly

Government of NCT of Delhi v. Union of India

14 Feb 2019 · A.K. Sikri; Ashok Bhushan
Cites 1 · Cited by 0

The Supreme Court clarified the constitutional scheme under Article 239AA, affirming the elected Government of Delhi's legislative and executive powers subject to the Lieutenant Governor's limited discretionary role and the President's overriding authority in case of disputes.

constitutional appeal_allowed Landmark National Capital Territory of Delhi Article 239AA Lieutenant Governor Legislative Assembly

Cement Workers’ Mandal v. Global Cements Ltd

14 Feb 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court held that the Gujarat High Court had territorial jurisdiction under Article 226(2) to entertain a writ petition relating to non-payment of wages arising partly within Gujarat, allowing the appeal and remanding the case for merits.

civil appeal_allowed Significant territorial jurisdiction Article 226(2) Constitution of India Section 20 CPC cause of action