Supreme Court of India

14,826 judgments

Year:

M/S. ELITE ENGINEERING AND CONSTRUCTION (HYD.) PRIVATE LIMITED v. M/S. TECHTRANS CONSTRUCTION INDIA PRIVATE LIMITED

23 Feb 2018 · A.K. Sikri; Ashok Bhushan
Cites 2 · Cited by 0

The Supreme Court held that an arbitration clause in a separate contract is not incorporated into a subcontract by mere reference without clear intention, dismissing the appeal for appointment of arbitrator.

civil appeal_dismissed Significant arbitration agreement incorporation by reference Section 7(5) Arbitration and Conciliation Act subcontract agreement

Rajeshwar Mahto v. Alok Kumar Gupta

23 Feb 2018 · R. K. Agrawal; Abhay Manohar Sapre

The Supreme Court held that an interim order under Section 17-B of the Industrial Disputes Act directing payment of full wages last drawn remains enforceable despite the final appeal outcome, and directed the employer to pay Rs.7.5 lakhs in full settlement.

labor petition_allowed Significant Section 17-B Industrial Disputes Act subsistence allowance interim order workman definition

Rajendra Rajoriya v. Jagat Narain Thapak

23 Feb 2018 · N. V. Ramana; S. Abdul Nazeer · 2018 INSC 191

The Supreme Court held that a Sessions Court's remand for further inquiry under Section 398 Cr.P.C. does not amount to taking cognizance, and a Magistrate must independently apply mind while taking cognizance, setting aside the High Court's quashing of the complaint.

criminal appeal_allowed Significant revisional jurisdiction Section 398 Cr.P.C. taking cognizance independent application of mind

Rajendra Rajoriya v. Jagat Narain Thapak

23 Feb 2018 · N. V. Ramana; S. Abdul Nazeer

The Supreme Court held that a Sessions Court's remand for further inquiry under Section 398 CrPC does not amount to taking cognizance, and a Magistrate must independently apply judicial mind while taking cognizance, setting aside the High Court's quashing of the complaint.

criminal appeal_allowed Significant revision jurisdiction Section 398 CrPC taking cognizance independent judicial mind

M/s. Universal Cylinders Limited v. The Commercial Taxes Officer

23 Feb 2018 · Madan B. Lokur; Deepak Gupta

The Supreme Court held that sales tax paid on the excess amount charged provisionally over the final government-approved price is refundable, as only the final price is legally receivable for tax purposes.

tax appeal_allowed Significant sales tax sale price turnover provisional price

M/s. Universal Cylinders Limited v. The Commercial Taxes Officer

23 Feb 2018 · Madan B. Lokur; Deepak Gupta

The Supreme Court held that sales tax paid on excess provisional price amounts, subsequently revised downward by a government authority, is refundable to the dealer under the Rajasthan Sales Tax Act.

tax appeal_allowed Significant sales tax refund provisional price final price revision turnover definition

Sunil Samdaria v. Union of India

23 Feb 2018 · A. K. Sikri; Ashok Bhushan

The Supreme Court upheld the validity of appointments of retired judicial officers as Additional Judges for less than two years tenure, clarifying eligibility and tenure under Articles 217 and 224 of the Constitution.

constitutional petition_dismissed Significant Article 224 Constitution of India Additional Judges Article 217(2)(a) Constitution of India Judicial Service eligibility

NEW INDIA ASSURANCE CO. LTD. v. VINISH JAIN

23 Feb 2018 · Madan B. Lokur; Deepak Gupta
Cites 0 · Cited by 1

The Supreme Court upheld minor compensation variations in two death claims but reduced compensation in a third case by increasing personal expense deductions and adjusting awards for loss of love and affection, applying principles from National Insurance Co. Ltd. v. Pranay Sethi.

civil appeal_allowed Significant Motor Vehicles Act compensation loss of dependency personal expenses deduction

Indiabulls Housing Finance Limited v. M/s. Deccan Chronicle Holdings Limited and Others

23 Feb 2018 · A.K. Sikri; Ashok Bhushan
Cites 3 · Cited by 0

The Supreme Court held that a financial institution succeeding to a non-financial lender by merger can invoke the SARFAESI Act for recovery of secured debts, and arbitration proceedings do not bar such invocation.

civil appeal_allowed Significant SARFAESI Act merger successor-in-interest arbitration proceedings

Indiabulls Housing Finance Limited v. M/s. Deccan Chronicle Holdings Limited and Others

23 Feb 2018 · A.K. Sikri; Ashok Bhushan
Cites 3 · Cited by 0

The Supreme Court held that a financial institution succeeding a non-financial lender by merger can invoke the SARFAESI Act for recovery, and arbitration proceedings do not bar SARFAESI actions.

civil appeal_allowed Significant SARFAESI Act successor-in-interest merger arbitration proceedings

Pankaj Jain v. Union of India & Anr.

23 Feb 2018 · A. K. Sikri; Ashok Bhushan
Cites 1 · Cited by 0

The Supreme Court held that Section 88 Cr.P.C. confers discretionary power on courts to accept bonds for appearance and does not mandate release on bond as a matter of right, especially where non-bailable warrants have been issued.

criminal appeal_dismissed Significant Section 88 Cr.P.C. bond for appearance discretionary power non-bailable warrant

Essar Bulk Terminal Limited v. State of Gujarat

22 Feb 2018 · R. F. Nariman; Navin Sinha · 2018 INSC 187

The Supreme Court upheld the Gujarat Government's notification expanding Hazira port limits, ruling that the appellants had no proprietary rights or legitimate expectation in the reclaimed lands affected and that the expansion was in public interest and intra vires statutory provisions.

administrative appeal_dismissed Significant Indian Ports Act, 1908 port limits expansion legitimate expectation Gujarat Maritime Board Act, 1981

Essar Bulk Terminal Limited v. State of Gujarat

22 Feb 2018 · R.F. Nariman; Navin Sinha

The Supreme Court upheld the State Government's notification expanding Hazira port limits, ruling that appellants have no proprietary rights in reclaimed land and that the expansion was in public interest and intra vires the Indian Ports Act.

administrative appeal_dismissed Significant Indian Ports Act, 1908 port limits expansion legitimate expectation Gujarat Maritime Board Act, 1981

Sachin Dinanath Dhuri v. Sneha Sachin Dhuri

22 Feb 2018 · Kurian Joseph; Mohan M. Shantanagoudar · 2018 INSC 186

The Supreme Court allowed the appeal dissolving the marriage by mutual consent without waiting period and quashed all related litigations following a bona fide settlement between the parties.

family appeal_allowed Significant divorce by mutual consent Section 13B Hindu Marriage Act mediation quashing of criminal cases

Sachin Dinanath Dhuri v. Sneha Sachin Dhuri

22 Feb 2018 · Kurian Joseph; Mohan M. Shantanagoudar

The Supreme Court granted divorce by mutual consent without waiting period and quashed all related civil and criminal litigations following a comprehensive settlement between estranged spouses.

family appeal_allowed Significant divorce by mutual consent Section 13B Hindu Marriage Act mediation settlement

Delhi Development Authority v. Munni Lal & Ors.

21 Feb 2018 · Arun Mishra; Amitava Roy · 2018 INSC 181
Cites 1 · Cited by 0

The Supreme Court upheld the validity of urgent land acquisition by the Delhi Development Authority for a freight complex, rejecting claims of lapse under the 2013 Act and dismissing challenges to the acquisition process.

property appeal_allowed Significant land acquisition urgency provision Section 17 Land Acquisition Act Section 24 RTFCTLARR Act 2013

Delhi Development Authority v. Munni Lal & Ors.

21 Feb 2018 · Arun Mishra; Amitava Roy
Cites 1 · Cited by 0

The Supreme Court upheld the validity of invoking urgency provisions in land acquisition for public purpose and ruled that acquisition did not lapse under the 2013 Act despite non-taking of physical possession, allowing the DDA's appeal.

property appeal_allowed Significant land acquisition urgency provision Section 17 Land Acquisition Act Section 24(2) RFCTLARR Act 2013

Union Public Service Commission v. Angesh Kumar

20 Feb 2018 · Adarsh Kumar Goel; Uday Umesh Lalit

The Supreme Court held that disclosure of detailed marks in UPSC Civil Services Examination under the RTI Act is not automatic and must balance transparency with confidentiality and public interest, setting aside the High Court’s order directing such disclosure.

administrative appeal_allowed Significant Right to Information Act, 2005 UPSC Civil Services Examination disclosure of marks examination confidentiality

Sudarsana Rao Gadde v. Karuna Gadde

20 Feb 2018 · Kurian Joseph; Mohan M. Shantanagoudar

The Supreme Court granted divorce by mutual consent incorporating a custody settlement and restrained parties from fresh litigation without Court permission.

family appeal_allowed divorce by mutual consent Indian Divorce Act 1869 custody and visitation rights settlement agreement

Sudarsana Rao Gadde v. Karuna Gadde

20 Feb 2018 · Kurian Joseph; Mohan M. Shantanagoudar

The Supreme Court dissolved the marriage by mutual consent under Section 10A of the Indian Divorce Act, incorporating the parties' settlement on custody and visitation, and disposed of all pending matrimonial litigations.

family appeal_allowed divorce by mutual consent Indian Divorce Act 1869 custody of minor child settlement agreement