Supreme Court of India

15,089 judgments

Year:

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

नगरआयुक्त, नगर विनगम, कानपुर v. मुजीब उल्ला खान

02 Apr 2019 · Mohan M. Shantanagoudar; Hemant Gupta · 2019 INSC 449
Cites 1 · Cited by 0

The Supreme Court held that the Payment of Gratuity Act, 1972 applies to municipal corporation employees as extended by Central Government notification, overriding earlier regulations and governing gratuity payments.

labor appeal_dismissed Significant Payment of Gratuity Act, 1972 municipal corporations local authorities gratuity payment

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

नगरआयुक्त, नगर विनगम, कानपुर v. मुजीब उल्ला खान

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

The Supreme Court held that the Payment of Gratuity Act, 1972 applies to municipal corporation employees pursuant to a central government notification, overriding municipal corporation rules on gratuity payments.

labor appeal_allowed Significant Payment of Gratuity Act, 1972 municipal corporation employees gratuity payment 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

The Supreme Court held that the Payment of Gratuity Act, 1972 applies to Municipal Corporations and their employees by virtue of a Central Government notification, overriding conflicting State regulations.

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

S. Ramesh v. State Rep. by Inspector of Police

02 Apr 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court held that recalling a High Court order quashing criminal proceedings restores the petition for merits disposal and cannot be accompanied by dismissal without reasons.

criminal appeal_allowed Significant Section 482 Cr.P.C. quashing of criminal proceedings recall of order compromise

Vinod Verma v. Union of India & Ors.

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

The Supreme Court upheld departmental seniority fixation without applying the rotation of vacancies principle under the 1996 Recruitment Rules, dismissing the appellant's challenge.

service_law appeal_dismissed Significant seniority fixation Telecommunications Engineering Service Group B posts promotion rules

Vinod Verma v. Union of India & Ors.

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

The Supreme Court upheld that seniority under the 1996 Telecommunications Engineering Service Rules must be fixed based on actual promotion dates without applying the ROTA rule, dismissing the appellant's challenge.

administrative appeal_dismissed Significant Seniority fixation ROTA rule Telecommunications Engineering Service Group B posts

D. J. De Souza v. Managing Director CPC Diagnostics Pvt. Ltd.

01 Apr 2019 · Dhananjaya Y. Chandrachud; Hemant Gupta · 1 NCDRC 2019 INSC 445

The Supreme Court dismissed the appeal holding that the supplier did not commit deficiency in service or unfair trade practice by insisting on contractual pre-installation requirements and not providing uncommitted features.

consumer_protection appeal_dismissed Consumer Protection Act, 1986 deficiency in service unfair trade practice pre-installation conditions

D. J. De Souza v. Managing Director CPC Diagnostics Pvt. Ltd.

01 Apr 2019 · Dhananjaya Y. Chandrachud; Hemant Gupta

The Supreme Court dismissed the consumer appeal holding that pre-installation conditions and absence of contractual commitment on additional features preclude claims of deficiency in service or unfair trade practice.

consumer appeal_dismissed Consumer Protection Act, 1986 deficiency in service restrictive unfair trade practice pre-installation conditions

Oriental Insurance Company Limited v. Mahendra Construction

01 Apr 2019 · Dhananjaya Y Chandrachud; Hemant Gupta

The Supreme Court held that nondisclosure of previous insurance claims by the insured in the proposal form justifies repudiation of the insurance claim under the principle of utmost good faith.

civil appeal_allowed Significant insurance contract utmost good faith duty of disclosure material facts

State of Orissa v. Chandra Nandi

01 Apr 2019 · Abhay Manohar Sapre; Dinesh Maheshwari · 2019 INSC 447

The Supreme Court set aside the High Court's unreasoned order granting pensionary benefits and remanded the case for fresh consideration with proper reasons.

civil appeal_allowed Significant writ petition post-retiral benefits pensionary benefits reasoned order

State of Orissa v. Chandra Nandi

01 Apr 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court set aside the High Court's unreasoned order granting pensionary benefits and remanded the case for fresh consideration with reasons.

civil appeal_allowed Significant writ petition pensionary benefits reasoned order judicial order