Supreme Court of India

14,826 judgments

Year:

Pooranlal v. The State of Madhya Pradesh

25 Oct 2017 · R. K. Agrawal; Abhay Manohar Sapre

The Supreme Court upheld the conviction of two accused for culpable homicide not amounting to murder under Section 304 Part II IPC based on consistent dying declaration and FIR, affirming the High Court's reappreciation of evidence and reversal of acquittal.

criminal appeal_dismissed Significant culpable homicide not amounting to murder dying declaration FIR Section 304 Part II IPC

LIFE INSURANCE CORPORATION OF INDIA v. SANJEEV BUILDERS PVT. LTD. AND ORS.

24 Oct 2017 · Kurian Joseph; R. Banumathi · 2017 INSC 1050

The Supreme Court held that impleadment of an assignee after 27 years in a suit for specific performance causes serious prejudice and set aside the order allowing such impleadment.

civil appeal_allowed Significant Order XXII Rule 10 CPC impleadment specific performance Letters Patent Appeal

LIFE INSURANCE CORPORATION OF INDIA v. SANJEEV BUILDERS PVT. LTD.

24 Oct 2017 · KURIAN JOSEPH; R. BANUMATHI

The Supreme Court held that an application for impleadment under Order XXII Rule 10 CPC filed after an inordinate delay of 27 years is not maintainable as it prejudices the defendant's accrued rights and set aside the order allowing such impleadment.

civil appeal_allowed Significant Order XXII Rule 10 CPC impleadment assignment of interest specific performance

INTERNATIONAL ASSET RECONSTRUCTION COMPANY OF INDIA LTD v. THE OFFICIAL LIQUIDATOR OF ALDRICH PHARMACEUTICALS LTD

24 Oct 2017 · Ranjan Gogoi; Abhay Manohar Sapre; Navin Sinha

The Supreme Court held that Section 5 of the Limitation Act does not apply to condone delay in appeals under Section 30(1) of the Recovery of Debts and Bankruptcy Act, 1993, and dismissed the appeals filed beyond the prescribed 30-day period.

civil appeal_dismissed Significant Limitation Act, 1963 Recovery of Debts and Bankruptcy Act, 1993 Section 30(1) Section 5 Limitation Act applicability

Assistant Director of Income Tax-I, New Delhi v. M/s E-Funds IT Solution Inc.

24 Oct 2017 · R.F. Nariman; Sanjay Kishan Kaul · 2017 INSC 1048

The Supreme Court upheld that the foreign companies did not have a permanent establishment in India under the India-US DTAA, dismissing the Revenue's appeals and affirming the independence of the Indian subsidiary.

tax appeal_dismissed Significant Permanent Establishment India-US DTAA Fixed Place of Business Service PE

Assistant Director of Income Tax-I, New Delhi v. M/s E-Funds IT Solution Inc.

24 Oct 2017 · R.F. Nariman; Sanjay Kishan Kaul

The Supreme Court held that the foreign companies did not have a permanent establishment in India under the India-US DTAA, and their income was not taxable in India.

tax appeal_dismissed Significant Permanent Establishment Double Taxation Avoidance Agreement Fixed Place PE Service PE

INTERNATIONAL ASSET RECONSTRUCTION COMPANY OF INDIA LTD v. THE OFFICIAL LIQUIDATOR OF ALDRICH PHARMACEUTICALS LTD

24 Oct 2017 · Ranjan Gogoi; Abhay Manohar Sapre; Navin Sinha

The Supreme Court held that delay beyond 30 days in appeals under Section 30(1) of the Recovery of Debts and Bankruptcy Act, 1993 cannot be condoned under Section 5 of the Limitation Act, 1963, as the RDB Act is a special statute excluding such condonation.

civil appeal_dismissed Significant Limitation Act, 1963 Recovery of Debts and Bankruptcy Act, 1993 Section 30(1) Section 5 Limitation Act

The State of Maharashtra v. Bandu @ Daulat

24 Oct 2017 · Adarsh Kumar Goel; Uday Umesh Lalit

The Supreme Court restored the conviction for rape of a deaf and mentally challenged minor victim despite her non-examination, emphasizing corroborative evidence and recommending special centres for vulnerable witnesses.

criminal appeal_allowed Significant rape vulnerable witness deaf and dumb victim mental disability

Suraj Narain Kapoor v. Pradeep Kumar

24 Oct 2017 · Ranjan Gogoi; Navin Sinha

The Supreme Court held that a document styled as a sale deed with an option to repurchase is not a mortgage by conditional sale unless it creates a debtor-creditor relationship, dismissing the appeal for redemption filed beyond the stipulated period.

civil appeal_dismissed Significant mortgage by conditional sale sale with option to repurchase right to redemption Transfer of Property Act

Smruti Tukaram Badade v. State of Maharashtra & Anr

24 Oct 2017 · Dhananjaya Y Chandrachud
Cites 1 · Cited by 0

The Supreme Court mandated the establishment of permanent Vulnerable Witness Deposition Centres nationwide and expanded protections for vulnerable witnesses to ensure fair and dignified trial procedures.

criminal appeal_allowed Significant vulnerable witness Vulnerable Witness Deposition Centre Article 21 fair trial

Smruti Tukaram Badade v. State of Maharashtra & Anr

24 Oct 2017 · Dhananjaya Y Chandrachud
Cites 1 · Cited by 0

The Supreme Court mandated the establishment of Vulnerable Witness Deposition Centres nationwide with expanded definitions and comprehensive guidelines to ensure dignified, barrier-free recording of evidence for vulnerable witnesses in criminal trials.

criminal appeal_dismissed Significant vulnerable witness Vulnerable Witness Deposition Centres Article 21 safe environment

Union of India v. Vijay Krishna Uniyal

23 Oct 2017 · Kurian Joseph; A.M. Khanwilkar

The Supreme Court upheld the Government's ownership of land held under Old Grant terms, set aside the High Court's observations reopening title issues, and affirmed that occupants are entitled only to compensation for structures, not ownership.

civil appeal_allowed Significant Old Grant ownership occupancy rights permanent injunction

Union of India v. Vijay Krishna Uniyal

23 Oct 2017 · Kurian Joseph; A.M. Khanwilkar

The Supreme Court upheld concurrent findings that the suit property belongs to the Government under Old Grant terms, set aside High Court observations allowing reopening of ownership issues, and affirmed that the respondent holds only occupancy rights with entitlement to compensation for structures.

civil appeal_allowed Significant Old Grant occupancy rights ownership resumption

Federation of Indian Mineral Industries v. Union of India

13 Oct 2017 · Madan B. Lokur; Sanjay Kishan Kaul; Deepak Gupta
Cites 2 · Cited by 0

The Supreme Court held that contributions to District Mineral Foundations under the MMDR Act cannot be demanded retrospectively prior to the date of relevant notifications prescribing rates, and struck down ultra vires retrospective notifications.

administrative appeal_allowed Significant District Mineral Foundation Mines and Minerals (Development and Regulation) Act, 1957 retrospective operation subordinate legislation

Federation of Indian Mineral Industries v. Union of India

13 Oct 2017 · Madan B. Lokur; Sanjay Kishan Kaul; Deepak Gupta
Cites 2 · Cited by 0

The Supreme Court held that contributions to District Mineral Foundations under the MMDR Act cannot be demanded retrospectively prior to the Central Government's notification dates, striking down ultra vires retrospective notifications while upholding the establishment of DMFs.

administrative appeal_allowed Significant District Mineral Foundation Mines and Minerals (Development and Regulation) Act, 1957 retrospective operation subordinate legislation

Indian Young Lawyers Association v. State of Kerala

13 Oct 2017 · Dipak Misra; R. Banumathi; Ashok Bhushan
Cites 2 · Cited by 0

The Supreme Court referred the constitutional validity of the exclusion of women aged 10 to 50 from Sabarimala Temple to a larger Bench, framing key questions on religious freedom and gender equality.

constitutional other Significant Sabarimala Temple women entry ban Kerala Hindu Places of Public Worship Act, 1965 Article 25 religious freedom

Indian Young Lawyers Association v. State of Kerala

13 Oct 2017 · Dipak Misra; R. Banumathi; Ashok Bhushan
Cites 2 · Cited by 0

The Supreme Court referred to a larger Bench the question of constitutionality of the exclusion of women aged 10 to 50 from Sabarimala Temple, balancing religious customs against fundamental rights.

constitutional other Significant Sabarimala Temple women entry ban Kerala Hindu Places of Public Worship Act, 1965 Article 25

Bimal Kishore Paliwal & Ors. v. Commissioner of Wealth Tax

13 Oct 2017 · Ashok Bhushan; A. K. Sikri · 2017 INSC 1041

The Supreme Court held that the Wealth Tax Officer has discretionary power to adopt the land and building method over the income capitalisation method for valuing business assets under the Wealth Tax Act, dismissing the assessee's appeal.

tax appeal_dismissed Significant Wealth Tax Act, 1957 Section 7 valuation income capitalisation method land and building method

Bimal Kishore Paliwal & Ors. v. Commissioner of Wealth Tax

13 Oct 2017 · Ashok Bhushan; A. K. Sikri

The Supreme Court held that the Wealth Tax Officer has discretionary power to adopt the land and building method for property valuation under the Wealth Tax Act, and the income capitalization method is not mandatory, dismissing the assessee's appeal.

tax appeal_dismissed Significant Wealth Tax Act, 1957 Section 7 valuation income capitalization method land and building method

P. Karupaiah v. The General Manager

12 Oct 2017 · R.K. Agrawal; Abhay Manohar Sapre · 2017 INSC 1035

The Supreme Court held that reinstatement without an express order for back wages does not entitle an employee to back wages unless he proves non-employment during dismissal, and dismissed the appeal seeking back wages.

labor appeal_dismissed Significant back wages reinstatement dismissal gainful employment