Supreme Court of India

15,089 judgments

Year:

Pankaj Prakash v. United India Insurance Corporation Limited & Ors.

10 Jul 2019 · D. Y. Chandrachud; Indira Banerjee · 2019 INSC 745

The Supreme Court held that non-disclosure of adverse APARs violates natural justice and directed disclosure and reconsideration of promotion based on disclosed APARs and representations.

labor appeal_allowed Significant Annual Performance Appraisal Report APAR disclosure promotion public sector insurance company

Pankaj Prakash v. United India Insurance Co Ltd & Anr

10 Jul 2019 · Dhananjaya Y Chandrachud; Indira Banerjee · 2019 INSC 745

The Supreme Court held that all entries in a public servant's APAR must be communicated within a reasonable time, and non-communication constitutes a violation of natural justice warranting reconsideration of promotion decisions.

administrative appeal_allowed Significant Annual Performance Appraisal Report APAR communication promotion natural justice

Pankaj Prakash v. United India Insurance Corporation Limited & Ors.

10 Jul 2019 · D. Y. Chandrachud; Indira Banerjee

The Supreme Court held that non-disclosure of APARs violates natural justice and directed fresh consideration of promotion after due disclosure and opportunity to represent.

administrative appeal_allowed Significant Annual Performance Appraisal Reports APAR disclosure promotion natural justice

Pankaj Prakash v. United India Insurance Co Ltd & Anr

10 Jul 2019 · Dhananjaya Y Chandrachud; Indira Banerjee

The Supreme Court held that all entries in a public servant's APAR must be communicated timely, and failure to do so violates natural justice, entitling the appellant to have his representations considered afresh regarding promotion.

administrative appeal_allowed Significant Annual Performance Appraisal Report APAR communication promotion natural justice

M/S. S.E. Graphites Private Limited v. State of Telangana

10 Jul 2019 · A.M. Khanwilkar; Ajay Rastogi

The Supreme Court held that proof of payment of pre-deposit tax dues under VAT statutes need not be produced at the time of filing the appeal but before the first hearing for admission, overruling prior High Court precedent and restoring appeals for fresh consideration.

tax appeal_allowed Significant pre-deposit tax appeal proof of payment limitation period

M/S. S.E. Graphites Private Limited v. State of Telangana

10 Jul 2019 · A.M. Khanwilkar; Ajay Rastogi

The Supreme Court held that proof of payment of tax dues as a pre-condition for admission of appeal under APGST and AP VAT Acts need not be made at filing but before first consideration, overruling earlier contrary High Court decisions.

tax appeal_allowed Significant pre-deposit appeal admission tax dues APGST Act 1957

NATIONAL HIGHWAYS AUTHORITY OF INDIA v. GAYATRI JHANSI ROADWAYS LIMITED

10 Jul 2019 · R. F. Nariman; Surya Kant
Cites 1 · Cited by 0

The Supreme Court held that a contractual fee schedule for arbitrators governs their remuneration over the Fourth Schedule of the Arbitration Act, and arbitrators cannot be removed merely for following judicial precedent on fee fixation.

civil appeal_allowed Significant arbitration fees contractual fee schedule Fourth Schedule Arbitration and Conciliation Act, 1996

R LAKSHMIKANTHAM v. DEVARAJI

10 Jul 2019 · R. F. Nariman; Surya Kant

The Supreme Court held that time was not of the essence in the sale agreement involving a mortgage, upheld the appellant's readiness and willingness, and restored the decree for specific performance by setting aside the High Court's reversal.

civil appeal_allowed Significant specific performance agreement to sell time of essence readiness and willingness

Shiv Darshan Singh v. Rakesh Tiwari

09 Jul 2019 · Uday Umesh Lalit; Indira Banerjee · 2019 INSC 735

The Supreme Court upheld the prohibition on construction within 100 meters of Jantar Mantar, clarified the scope of permissible renovation, set aside the High Court's direction to review the notification, and dismissed the contempt petition for non-compliance.

administrative petition_dismissed Significant Ancient Monuments and Archaeological Sites and Remains Act, 1958 prohibited area regulated area Jantar Mantar

Shiv Darshan Singh v. Rakesh Tiwari

09 Jul 2019 · Uday Umesh Lalit; Indira Banerjee

The Supreme Court dismissed a contempt petition alleging unauthorized construction near Jantar Mantar, holding that no demolition order was given and emphasizing strict adherence to statutory protections for ancient monuments.

administrative petition_dismissed Significant Ancient Monuments and Archaeological Sites and Remains Act, 1958 prohibited area regulated area Jantar Mantar

Nirmal Software Services Pvt. Ltd. v. Dr. Babasaheb Ambedkar Marathwada University

09 Jul 2019 · Abhay Manohar Sapre; Indu Malhotra

The Supreme Court upheld the arbitration clause in the MoU and directed the parties to resolve their dispute through arbitration, dismissing the writ petition challenging the same.

civil appeal_dismissed arbitration clause Memorandum of Understanding writ petition mandamus

Nirmal Software Services Pvt. Ltd. v. Dr. Babasaheb Ambedkar Marathwada University

09 Jul 2019 · Abhay Manohar Sapre; Indu Malhotra

The Supreme Court upheld the arbitration clause in the MoU and directed the parties to resolve their dispute through arbitration, dismissing the writ petition challenging the withholding of payment.

civil appeal_dismissed arbitration clause arbitration agreement writ petition mandamus

Krishna Kumar Tiwari v. State of U.P.

09 Jul 2019 · Sanjay Krishan Kaul; K. M. Joseph · 2019 INSC 742

The Supreme Court held that a Magistrate may independently take cognizance despite a police closure report, and where evidence establishes natural death without dowry harassment, the accused cannot be proceeded against; thus, the High Court's order directing fresh inquiry was set aside.

criminal appeal_allowed Significant police closure report Section 190(1)(b) CrPC protest petition dowry harassment

Vishnu Kumar Tiwari v. State of Uttar Pradesh

09 Jul 2019 · Sanjay Kishan Kaul; K. M. Joseph · 2019 INSC 742

The Supreme Court held that a Magistrate may accept a police final report after duly considering a protest petition and is not bound to treat the petition as a complaint, setting aside the High Court's order directing fresh investigation in a dowry death case.

criminal appeal_allowed Significant final report protest petition Section 173 CrPC Section 190(1)(b) CrPC

Krishna Kumar Tiwari v. State of U.P.

09 Jul 2019 · Sanjay Krishan Kaul; K. M. Joseph

The Supreme Court held that Magistrates have independent jurisdiction to take cognizance on final police reports under Section 190(1)(b) CrPC and must follow procedural safeguards when considering protest petitions, remanding the case for fresh consideration after finding no sufficient evidence of dowry death.

criminal appeal_allowed Significant final police report Section 190(1)(b) CrPC protest petition private complaint

Vishnu Kumar Tiwari v. State of Uttar Pradesh

09 Jul 2019 · Sanjay Kishan Kaul; K. M. Joseph

The Supreme Court held that a Magistrate may accept a police final report after duly considering a protest petition and is not bound to treat every protest petition as a complaint, setting aside the High Court's order directing fresh investigation in a dowry death case.

criminal appeal_allowed Significant final report protest petition Magistrate powers Section 190(1)(b) CrPC

The Peerless General Finance and Investment Company Ltd. v. Commissioner of Income Tax

09 Jul 2019 · R. F. Nariman; Sanjiv Khanna · 2019 INSC 732

The Supreme Court held that subscription receipts under collective investment schemes, not forfeited and repayable with interest, are capital receipts and not taxable as income despite the assessee's accounting treatment.

tax appeal_allowed Significant capital receipts income tax subscription receipts Peerless General Finance

The Peerless General Finance and Investment Company Ltd. v. Commissioner of Income Tax

09 Jul 2019 · R. F. Nariman; Sanjiv Khanna

The Supreme Court held that subscription receipts under investment schemes, not forfeited and repayable with interest, are capital receipts and not taxable as income despite the assessee's accounting treatment.

tax appeal_allowed Significant capital receipts income tax subscription receipts investment schemes

Shri Yogiraj Shikshan Prasarak Mandal & Ors v. Vidya Thru Lrs. & Anr

09 Jul 2019 · D. Y. Chandrachud; Indira Banerjee

The Supreme Court held that the disciplinary enquiry complied with mandatory procedural rules, set aside the High Court's quashing of termination, and allowed the appeal with an ex gratia settlement.

labor appeal_allowed Significant disciplinary enquiry termination of service Maharashtra Employees of Private Schools Rules 1981 Rule 37(6)

Banam v. Rashtriya Rajdhani Kshetra Dilli

09 Jul 2019 · R. Bhanumatthi; A. S. Bopanna · 2019 INSC 738

The Supreme Court modified a murder conviction to culpable homicide not amounting to murder, reducing the sentence from life imprisonment to 8 years, holding the offence arose from a sudden fight without premeditation.

criminal sentence_modified Significant Section 302 IPC Section 304 Part II IPC culpable homicide murder