Supreme Court of India

14,826 judgments

Year:

Union of India and Anr v. V.R. Tripathi

11 Dec 2018 · Dhananjaya Y Chandrachud; M.R. Shah
Cites 2 · Cited by 0

The Supreme Court held that children born from a void second marriage are legitimate under the Hindu Marriage Act and cannot be arbitrarily excluded from compassionate appointment benefits, striking down the Railway Board circular as unconstitutional.

administrative appeal_dismissed Significant compassionate appointment legitimacy void marriage Hindu Marriage Act, 1955

Joshine Antony v. M/s Barafwala Cold Storage & Agro Processor & Ors.

11 Dec 2018 · Abhay Manohar Sapre; Indu Malhotra

The Supreme Court held that High Court observations in writ proceedings do not bind the Investigating Officer or trial Magistrate, who must proceed strictly on evidence and law in ongoing criminal cases under animal protection laws.

criminal appeal_allowed Significant Prevention of Cruelty to Animals Act, 1960 Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 High Court observations Investigating Officer

Joshine Antony v. M/s Barafwala Cold Storage & Agro Processor & Ors.

11 Dec 2018 · Abhay Manohar Sapre; Indu Malhotra

The Supreme Court held that investigation and trial must proceed strictly on evidence and law, unaffected by High Court observations in writ petitions, and directed expeditious disposal of the case.

criminal appeal_dismissed Prevention of Cruelty to Animals Act, 1960 Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 Investigating Officer Magistrate

Western Coalfields Ltd. & Anr. v. M/s Ballapur Collieries Company & Ors.

11 Dec 2018 · Abhay Manohar Sapre; Indu Malhotra

The Supreme Court held that where factual disputes exist, eviction under the Public Premises Act is inappropriate and the proper remedy is a civil suit for eviction.

civil appeal_dismissed Significant Public Premises (Eviction of Unauthorized Occupation) Act, 1971 eviction proceedings summary remedy civil suit

Vinod Natesan v. State of Kerala

11 Dec 2018 · Mohan M. Shantanagoudar; M. R. Shah · 2018 INSC 1190

The Supreme Court upheld the High Court's quashing of criminal proceedings under Sections 406 and 420 IPC, holding that the dispute was civil in nature and continuation of criminal prosecution would be an abuse of process of law.

criminal appeal_dismissed Significant Section 482 CrPC quashing of criminal proceedings civil dispute vs criminal offence Section 406 IPC

Vinod Natesan v. State of Kerala

11 Dec 2018 · Mohan M. Shantanagoudar; M. R. Shah

The Supreme Court upheld the quashing of criminal proceedings under Sections 406 and 420 IPC, holding that the dispute was civil in nature and continuation of criminal prosecution would be an abuse of process of law.

criminal appeal_dismissed Significant Section 420 IPC Section 406 IPC Section 34 IPC Section 482 CrPC

K. A. Bureau v. Pratap Chandra Reddy

11 Dec 2018 · Abhay Manohar Sapre; Anju Malhotra
Cites 0 · Cited by 2

The Supreme Court dismissed the appeal and remanded the case to the trial court for expeditious adjudication based on evidence, emphasizing that no conclusive decision can be taken without sufficient material under IPC and FCRA.

criminal appeal_dismissed Foreign Contribution (Regulation) Act, 1976 Indian Penal Code, 1860 trial court procedure evidence

C.B.I. v. Pratap Chandra Reddy

11 Dec 2018 · Abhay Manohar Sapre; Indu Malhotra

The Supreme Court held that the applicability of the FCRA cannot be decided at the initial stage without evidence and directed the trial court to decide the issue on merits after trial.

criminal appeal_dismissed Foreign Contribution (Regulation) Act, 1976 applicability of statute premature adjudication criminal trial

Ganesh Sukhdeo Gurule v. Tahsildar Sinnar & Ors.

10 Dec 2018 · A. K. Sikri; Ashok Bhushan; S. Abdul Nazeer · 2018 INSC 1179

The Supreme Court held that a no-confidence motion in a Gram Panchayat must be passed by a two-third majority of members entitled to vote, excluding disqualified members, and fractional votes must be rounded up, invalidating the motion in this case.

administrative appeal_allowed Significant no-confidence motion two-third majority disqualification caste certificate

Ganesh Sukhdeo Gurule v. Tahsildar Sinnar & Ors.

10 Dec 2018 · A. K. Sikri; Ashok Bhushan; S. Abdul Nazeer

The Supreme Court held that a no-confidence motion must be supported by at least two-thirds of members entitled to vote excluding disqualified members, and fractional majorities must be rounded up, thereby invalidating the motion against the appellant.

administrative appeal_allowed Significant no-confidence motion two-third majority disqualification caste certificate

M/S. EMAAR MGF LAND LIMITED v. AFTAB SINGH

10 Dec 2018 · Uday Umesh Lalit; Ashok Bhushan

The Supreme Court held that consumer disputes are non-arbitrable and Consumer Forums retain jurisdiction despite arbitration agreements, affirming that the 2015 amendment to Section 8 of the Arbitration Act does not override this principle.

civil petition_dismissed Significant consumer disputes arbitrability Section 8 Arbitration Act Consumer Protection Act

M/S. EMAAR MGF LAND LIMITED v. AFTAB SINGH

10 Dec 2018 · Uday Umesh Lalit; Ashok Bhushan

The Supreme Court upheld that consumer disputes under the Consumer Protection Act are non-arbitrable despite the 2015 amendment to Section 8 of the Arbitration Act mandating reference to arbitration.

civil appeal_dismissed Significant Consumer Protection Act, 1986 Arbitration and Conciliation Act, 1996 Section 8 amendment 2015 Non-arbitrability

Shanthamalleshappa v. State of Karnataka

10 Dec 2018 · Uday Umesh Lalit; R. Subhash Reddy · 2018 INSC 1183

The Supreme Court acquitted the accused of arson under Section 436 IPC due to material contradictions and lack of independent evidence, setting aside convictions by lower courts.

criminal conviction_overturned Significant Section 436 IPC Arson Conviction Material contradictions

Shanthamalleshappa v. State of Karnataka

10 Dec 2018 · Uday Umesh Lalit; R. Subhash Reddy

The Supreme Court acquitted the accused of arson under Section 436 IPC due to material contradictions in prosecution evidence and failure to consider documentary evidence, emphasizing the necessity of proof beyond reasonable doubt.

criminal conviction_overturned Significant Section 436 IPC Arson Material contradictions Identification evidence

Commissioner of Central Excise and Service Tax, Noida v. M/S. Sanjivani Non-Ferrous Trading Pvt. Ltd.

10 Dec 2018 · A.K. Sikri; S. Abdul Nazeer

The Supreme Court upheld that customs assessable value must be based on the transaction value declared unless cogent evidence justifies rejection, dismissing Revenue's appeal to enhance value without proper examination.

tax appeal_dismissed Significant transaction value assessable value customs duty Section 14 Customs Act

State of Uttar Pradesh v. Wasif Haider

10 Dec 2018 · N. V. Ramana; Mohan M. Shantanagoudar · 2018 INSC 1181

The Supreme Court upheld the High Court's acquittal of accused persons due to investigative lapses and unreliable identification, emphasizing that prosecution must prove guilt beyond reasonable doubt.

criminal appeal_dismissed Significant Test Identification Parade inordinate delay reasonable doubt investigative lapses

State of Uttar Pradesh v. Wasif Haider

10 Dec 2018 · N. V. Ramana; Mohan M. Shantanagoudar

The Supreme Court upheld the High Court's acquittal of accused in a communal riot murder case due to investigative lapses and failure of prosecution to prove guilt beyond reasonable doubt.

criminal appeal_dismissed Significant Test Identification Parade Identification evidence Reasonable doubt Investigative lapses

Chairman, Board of Trustee, Sri Ram Mandir Jagtial v. S. Rajyalaxmi & Ors.

10 Dec 2018 · N. V. Ramana; Mohan M. Shantanagoudar

The Supreme Court held that plaintiffs failed to prove ownership of temple endowment property, setting aside the High Court decree and restoring the trial court's dismissal of their suit.

civil appeal_allowed Significant ownership burden of proof endowment property A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1966

Om Prakash Agarwal v. Vishan Dayal Rajpoot

07 Dec 2018 · A.K. Sikri; Ashok Bhushan · 2018 INSC 970

The Supreme Court upheld that after the 2015 amendment, Small Causes Suits valued up to Rs. 1 lakh must be tried by Civil Judges (Senior Division) and not by Additional District Judges, dismissing the landlord's appeal.

civil appeal_dismissed Significant Small Causes Court Pecuniary jurisdiction Uttar Pradesh Civil Laws (Amendment) Act, 2015 Additional District Judge jurisdiction

New India Assurance Company Limited v. Rajeshwar Sharma

07 Dec 2018 · Dhananjaya Y Chandrachud; MR Shah · 2018 INSC 1166
Cites 1 · Cited by 0

The Supreme Court held that an insurance policy exclusion applies where property destruction is by order of a lawfully constituted authority, absolving the insurer from liability despite pending civil challenges to the demolition's legality.

civil appeal_allowed Significant insurance policy exclusion lawfully constituted authority demolition Municipal Corporation