Supreme Court of India

15,089 judgments

Year:

VST INDUSTRIES LIMITED v. THE STATE OF UTTAR PRADESH & ORS.

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

The Supreme Court upheld an interim order restraining further recovery of interest on Entry Tax arrears from the appellant pending final adjudication of the writ petition.

tax appeal_dismissed Entry Tax Interest on arrears Interim order Coercive recovery

VST INDUSTRIES LIMITED v. THE STATE OF UTTAR PRADESH & ORS.

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

The Supreme Court restrained further recovery of interest on Entry Tax arrears from the appellant pending final adjudication of the writ petition challenging the demand.

tax appeal_dismissed Entry Tax Interest Demand Interim Order Recovery Stay

Maars Software International Ltd. & Anr. v. Union of India & Ors.

22 Apr 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court allowed the appeal against the High Court's restoration of FEMA penalty, remanding the case for fresh consideration of material evidence on merits.

administrative appeal_allowed Significant Foreign Exchange Management Act, 1999 FEMA violations penalty under FEMA Enforcement Directorate

Maars Software International Ltd. v. Union of India

22 Apr 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court allowed the appeals and remanded the case to the High Court for fresh consideration of FEMA penalty appeals, emphasizing the need to consider all relevant material on record.

administrative appeal_allowed Significant Foreign Exchange Management Act, 1999 FEMA penalty Enforcement Directorate Adjudicating Authority

Naresh Chandra Bhardwaj v. Bank of India & Ors.

22 Apr 2019 · Sanjay Vikash Kaul; Indira Banerjee · 2019 INSC 553

The Supreme Court converted the dismissal of a bank officer for sanctioning bad loans into compulsory retirement to uphold parity with similarly placed officers, emphasizing limited judicial interference in disciplinary penalties.

administrative appeal_allowed Significant disciplinary penalty dismissal from service compulsory retirement principle of parity

Naresh Chandra Bhardwaj v. Bank of India & Ors.

22 Apr 2019 · Sanjay Vikash Kaul; Indira Banerjee

The Supreme Court modified the dismissal of a bank officer to unauthorized retirement without pension, applying the principle of parity and balancing disciplinary severity with compassionate pensionary benefits.

labor sentence_modified Significant disciplinary penalty principle of parity unauthorized retirement dismissal from service

Naresh Chandra Bhardwaj v. Bank of India

22 Apr 2019 · Sanjay Kishan Kaul; Indira Banerjee

The Supreme Court modified the appellant's disciplinary penalty from removal to compulsory retirement on the ground of parity with similarly placed officers, emphasizing limited judicial interference in punishment quantum.

labor appeal_allowed Significant disciplinary proceedings quantum of punishment parity in punishment removal from service

Rajasthan State v. Birbal Maharaya

22 Apr 2019 · Arun Mishra; Naveen Sinha · 2019 INSC 545
Cites 1 · Cited by 0

The Supreme Court held that remission rules cannot impose conditions beyond the statutory minimum 14 years imprisonment under Section 433-A CrPC and struck down the additional remission requirement in the Rajasthan Jail Rules, 2006.

criminal appeal_allowed Significant life imprisonment remission Section 433-A CrPC Rajasthan Jail Rules 2006

Rajasthan State v. Mukesh Sharma

22 Apr 2019 · Arun Mishra; Naveen Sinha
Cites 1 · Cited by 0

The Supreme Court upheld the constitutional validity of a rule requiring life convicts to serve at least 14 years and earn 4 years remission before remission consideration, rejecting the High Court's invalidation of the rule.

criminal appeal_allowed Significant life imprisonment remission Section 433-A CrPC Jail Act 1894

State of Rajasthan v. Mukesh Sharma

22 Apr 2019 · Arun Mishra; Navin Sinha

The Supreme Court upheld the validity of a State rule requiring life convicts to serve 14 years plus earn four years remission before remission consideration, holding the rule consistent with Section 433-A Cr.P.C. and that non-laying before the legislature was directory.

criminal appeal_allowed Significant life imprisonment remission Section 433-A Cr.P.C. Prisons Act, 1894

Nand Kumar Manjhi & Anr. v. State of Bihar & Ors.

22 Apr 2019 · Uday Umesh Lalit; Indu Malhotra
Cites 2 · Cited by 0

The Supreme Court held that appointments made beyond advertised vacancies are illegal and seniority can only be reckoned from the date of regularisation, dismissing the appellants' claim for seniority from their initial illegal appointment date.

service_law appeal_dismissed Significant Bihar Forest Service Rules, 1953 Assistant Conservator of Forests seniority substantive appointment

Nand Kumar Manjhi & Anr. v. State of Bihar & Ors.

22 Apr 2019 · Uday Umesh Lalit; Indu Malhotra · (2019) 10 SCC 734
Cites 2 · Cited by 0

The Supreme Court upheld that seniority in the Bihar Forest Service must be reckoned from the date of regularisation, not from illegal initial appointments made beyond advertised vacancies.

civil appeal_dismissed Significant Bihar Forest Service Rules, 1953 Assistant Conservator of Forests seniority substantive appointment

ANIL KUMAR ANAND v. COMMISSIONER OF CUSTOMS (PREVENTIVE)

22 Apr 2019 · Sanjay Kishan Kaul; Hemant Gupta

The Supreme Court held that Customs Valuation Rules must be applied sequentially, setting aside revaluation and penalty orders for failure to consider transaction values of identical or similar goods before resorting to other valuation methods.

customs appeal_allowed Significant Customs Valuation Rules 2007 sequential application transaction value identical goods

कुमार घिमिरे v. मसक्ककम राज्य

22 Apr 2019 · अशोक भुषण; के. एम. जोसेफ · 2019 INSC 549

The Supreme Court held that an appellate court can enhance sentence only after giving the accused an opportunity to be heard, setting aside the High Court's enhancement of sentence under the POCSO Act for lack of procedural compliance.

criminal appeal_allowed Significant POCSO Act Section 386 CrPC sentence enhancement opportunity to show cause

Kumar Ghimirey v. State of Sikkim

22 Apr 2019 · Ashok Bhushan; K. M. Joseph · 2019 INSC 549

The Supreme Court held that the High Court erred in enhancing the sentence without giving notice to the accused, setting aside the enhanced sentence while affirming conviction and original sentence under the POCSO Act.

criminal appeal_partly_allowed Significant POCSO Act sentence enhancement Section 386 CrPC natural justice

Kumar Ghimire v. State

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

The Supreme Court held that a High Court can enhance a sentence only after giving the accused an opportunity to be heard under Section 386 CrPC, and set aside the High Court's order increasing the sentence under the POCSO Act without such opportunity.

criminal appeal_allowed Significant POCSO Act sentence enhancement Section 386 CrPC sexual assault on child

Kumar Ghimirey v. State of Sikkim

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

The Supreme Court held that a High Court cannot enhance sentence in an appeal filed by the accused without issuing notice for enhancement, setting aside the enhanced sentence while upholding conviction under the POCSO Act.

criminal appeal_partly_allowed Significant POCSO Act, 2012 sentence enhancement Section 386 CrPC natural justice

G. Shashikala v. G. Kalawati Bai

16 Apr 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court allowed the appeals and remanded the case for fresh hearing after holding that the High Court committed jurisdictional error by improperly deciding applications for additional evidence under Order 41 Rule 27 CPC without following binding precedents.

civil appeal_allowed Significant Order 41 Rule 27 CPC additional evidence jurisdictional error appellate procedure

G. Shashikala v. G. Kalawati Bai

16 Apr 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court allowed the appeals and remanded the case for fresh hearing after holding that the High Court committed jurisdictional error in deciding applications for additional evidence under Order 41 Rule 27 CPC without applying binding precedents.

civil appeal_allowed Significant Order 41 Rule 27 CPC additional evidence jurisdictional error appeal

Bikash Ranjan Raut v. State

16 Apr 2019 · M. R. Shah

A Magistrate cannot suo motu order further investigation after taking cognizance and issuing summons without police application under Section 173(8) CrPC; such orders are beyond jurisdiction and liable to be quashed.

criminal appeal_allowed Significant further investigation Section 173(8) CrPC Magistrate's powers cognizance