Supreme Court of India

15,089 judgments

Year:

M/s Anjaneya Jewellery v. New India Assurance Co. Ltd

07 Mar 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court held that the Consumer Commission must not dismiss complaints in limine without notice unless the case is appropriate, and remanded the complaint for adjudication on merits.

consumer appeal_allowed Significant Consumer Protection Act, 1986 Section 13 amendment dismissal in limine notice to opposite party

M/s Anjaneya Jewellery v. New India Assurance Co.Ltd

07 Mar 2019

The Supreme Court held that the Consumer Commission must not dismiss complaints in limine without notice unless clearly justified, and remanded the complaint for disposal on merits.

consumer appeal_allowed Significant Consumer Protection Act, 1986 Section 13 amendment dismissal in limine notice to opposite party

Isha Distribution House Pvt. Ltd. v. Aditya Birla Nuvo Ltd.

07 Mar 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court held that territorial jurisdiction challenges must be raised in the written statement and not by an application to revoke leave, remanding the case for fresh adjudication accordingly.

civil appeal_allowed Significant revocation of leave territorial jurisdiction Letters Patent Act, 1865 Clause 12

Isha Distribution House Pvt. Ltd. v. Aditya Birla Nuvo Ltd.

07 Mar 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court held that territorial jurisdiction challenges in civil suits must be raised in the written statement and not by an application for revocation of leave under the Letters Patent Act, remanding the matter for fresh adjudication.

civil appeal_allowed Significant Letters Patent Act, 1865 revocation of leave territorial jurisdiction civil suit

State of Tamil Nadu v. J. Doraiswamy

07 Mar 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court held that discharge under Section 227 Cr.P.C. requires only a prima facie case and set aside the High Court's order discharging accused police officers in a corruption case, directing trial to proceed.

criminal appeal_allowed Significant Section 227 Cr.P.C. discharge application prima facie case Prevention of Corruption Act

Manik Kutum v. Julie Kutum

07 Mar 2019 · Abhay Manohar Sapre; Dinesh Maheshwari · 2019 INSC 332

The Supreme Court held that where the facts are clear, the revisional court can directly fix maintenance without remanding the case, and accordingly fixed maintenance for the wife and minor child, modifying the High Court order.

criminal appeal_allowed Significant Section 125 CrPC maintenance wife minor child

Manik Kutum v. Julie Kutum

07 Mar 2019 · Abhay Manohar Sapre; Dinesh Maheshwari

The Supreme Court held that where the legal status of the wife is established and material for maintenance is on record, the court can directly fix maintenance without remanding the case for fresh inquiry.

criminal appeal_allowed Significant Section 125 CrPC maintenance legally wedded wife remand

Birla Institute of Technology v. State of Jharkhand

07 Mar 2019 · Abhay Manohar Sapre; Indu Malhotra

The Supreme Court held that the retrospective 2009 amendment to the Payment of Gratuity Act includes teachers as employees entitled to gratuity, overruling its earlier decision excluding them.

labor appeal_dismissed Significant Payment of Gratuity Act, 1972 Section 2(e) definition of employee Payment of Gratuity (Amendment) Act, 2009 retrospective amendment

Birla Institute of Technology v. The State of Jharkhand

07 Mar 2019 · Abhay Manohar Sapre; Indu Malhotra

The Supreme Court held that the retrospective 2009 amendment to the Payment of Gratuity Act includes teachers within the definition of 'employee', entitling them to gratuity, and dismissed the appeal challenging this entitlement.

labor appeal_dismissed Significant Payment of Gratuity Act, 1972 employee definition teachers gratuity retrospective amendment

K. Ananda Rao v. Sri S.S. Rawat, IAS

07 Mar 2019 · Uday Umesh Lalit; M.R. Shah

The Supreme Court held that employees reinstated after enhancement of retirement age to 60 years are entitled to benefits as per government policy but not to back wages for the period not worked, dismissing contempt petitions alleging violation of its order.

labor petition_dismissed Significant age of superannuation retirement age Andhra Pradesh Reorganization Act, 2014 Schedules IX and X

Anandrao Ramchandra Salunke v. Life Insurance Corporation of India

07 Mar 2019 · Dhananjaya Y Chandrachud; Hemant Gupta

The Supreme Court upheld the insurer's method of computing surrender value by applying an approved factor to the total paid-up value including vested bonus, rejecting the policyholder's claim to the full bonus amount.

civil appeal_dismissed Significant life insurance surrender value Insurance Act 1938 vested bonus

Babu Ram v. Santokh Singh

07 Mar 2019 · Uday Umesh Lalit; M.R. Shah

The Supreme Court held that Section 22 of the Hindu Succession Act, 1956, conferring preferential rights to heirs, applies to agricultural land, affirming the invalidity of transfers without offering such rights.

property appeal_dismissed Landmark Hindu Succession Act, 1956 Section 22 preferential right agricultural land

Babu Ram v. Santokh Singh

07 Mar 2019 · Uday Umesh Lalit; M.R. Shah

The Supreme Court held that Section 22 of the Hindu Succession Act, 1956 applies to agricultural land, conferring preferential rights on heirs in such property, overruling contrary High Court decisions.

property appeal_dismissed Landmark Section 22 Hindu Succession Act preferential right agricultural land succession

R. Dhanasundari @ R. Rajeswari v. A.N. Umakanth & Ors.

06 Mar 2019 · Uday Umesh Lalit; Dinesh Maheshwari

The Supreme Court upheld the transposition of defendants as plaintiffs under CPC provisions to continue a suit after original plaintiffs sought withdrawal, ensuring effective adjudication of substantial questions and preventing multiplicity of proceedings.

civil appeal_dismissed Significant Order XXIII Rule 1 CPC Order XXIII Rule 1-A CPC Order I Rule 10 CPC transposition of parties

Pawan Kumar & Ors. v. State of Himachal Pradesh

06 Mar 2019 · Navin Sinha; M. R. Shah · 2019 INSC 324

The Supreme Court acquitted appellants for lack of primary evidence, holding that non-production of seized forest produce and vehicle renders conviction under the Indian Forest Act unsustainable.

criminal appeal_allowed Significant Indian Forest Act Section 41 Section 42 Section 379 IPC

Pawan Kumar v. State of Himachal Pradesh

06 Mar 2019 · Navin Sinha; M. R. Shah

The Supreme Court acquitted appellants for failure of prosecution to produce seized wood logs and vehicle, holding that mere sample and seizure memo signatures are insufficient to sustain conviction under the Indian Forest Act.

criminal appeal_allowed Significant Indian Forest Act Section 379 IPC seizure memo production of evidence

Swapnanjali Sandeep Patil v. Sandeep Ananda Patil

06 Mar 2019 · L. Nageswara Rao; M. R. Shah · 2019 INSC 320

The Supreme Court held that a marriage is void under Section 24 of the Special Marriage Act if either party has a living spouse at the time of marriage, allowing the appellant's petition for nullity despite limitation under Section 25.

family appeal_allowed Significant Special Marriage Act, 1954 Section 24 Section 25 nullity of marriage

Swapnanjali Sandeep Patil v. Sandeep Ananda Patil

06 Mar 2019 · L. Nageswara Rao; M. R. Shah

The Supreme Court held that a marriage is void under Section 24 of the Special Marriage Act if a spouse is living at the time of marriage, and such void marriages can be declared nullity at any time without limitation, allowing the appellant's petition for nullity.

family appeal_allowed Significant Special Marriage Act, 1954 Section 24 Section 25 nullity of marriage

KRISHNA NAND SHUKLA v. DIRECTOR OF HIGHER EDUCATION

06 Mar 2019 · Ashok Bhushan; K. M. Joseph

The Supreme Court set aside the High Court’s dismissal of a writ petition and review application for an ad hoc appointment, remanding the matter for fresh consideration based on correct pleadings.

civil remanded Significant writ petition ad hoc appointment pleadings review petition

Shantaben & Ors. v. National Power Transport & Anr.

06 Mar 2019 · Abhay Manohar Sapre; Dinesh Maheshwari · 2019 INSC 323

The Supreme Court held that reasonable addition for future prospects must be made in motor accident compensation claims involving young self-employed deceased, enhancing the award accordingly.

civil appeal_allowed Significant motor accident claim future prospects compensation enhancement loss of dependency