Supreme Court of India

14,826 judgments

Year:

P. Karupaiah v. The General Manager

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

The Supreme Court held that reinstatement after dismissal does not entitle an employee to back wages as a matter of right without express direction or proof of no gainful employment, and dismissed the appeal seeking back wages.

labor appeal_dismissed Significant back wages reinstatement dismissal gainful employment

Bharat Deep Sethi v. Sonia Takkar

12 Oct 2017 · R. Banumathi; S. Abdul Nazeer · 2017 INSC 1039

The Supreme Court reduced the interim rent payable by the tenant and remitted the eviction matter to the High Court for fresh consideration, emphasizing the tenant's right to a fair hearing.

civil appeal_allowed Significant interim rent eviction suit use and occupation charges landlord-tenant relationship

Bharat Deep Sethi v. Sonia Takkar

12 Oct 2017 · R. Banumathi; S. Abdul Nazeer

The Supreme Court set aside the High Court's interim rent order, fixed a reasonable interim use and occupation charge, and remanded the matter for fresh consideration while protecting the tenant from coercive action pending final disposal.

civil appeal_allowed Significant interim order use and occupation charges landlord-tenant relationship lease deed

Himangni Enterprises v. Kamaljeet Singh Ahluwalia

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

The Supreme Court held that eviction and tenancy disputes arising from expired leases are non-arbitrable and maintainable before Civil Courts despite arbitration clauses, dismissing the appeal against eviction proceedings.

civil appeal_dismissed Significant Section 8 Arbitration and Conciliation Act, 1996 arbitrability eviction tenancy dispute

Commissioner of Central Excise & Service Tax, Bangalore v. M/s Karnataka Soaps & Detergents Ltd.

12 Oct 2017 · Madan B. Lokur; S. Abdul Nazeer; Deepak Gupta

The Supreme Court held that the perfumery compound manufactured by the respondent is excisable as it is marketable and not covered by the Board’s circular exemption, allowing the Revenue’s appeal.

tax appeal_allowed Significant excise duty marketability Board Circular No.495/61/99-CX.3 odoriferous compound

Commissioner of Central Excise & Service Tax, Bangalore v. M/s Karnataka Soaps & Detergents Ltd.

12 Oct 2017 · Madan B. Lokur; S. Abdul Nazeer; Deepak Gupta

The Supreme Court held that perfumery compounds capable of being marketed and sold are excisable goods liable to duty despite a Board circular exempting non-marketable intermediate odoriferous compounds.

tax appeal_allowed Significant excise duty odoriferous compound perfume compound marketability

Kusum Agarwal v. M/s Harsha Associates Pvt. Ltd.

12 Oct 2017 · Madan B. Lokur; S. Abdul Nazeer; Deepak Gupta

The Supreme Court held that purchasers of commercial space are consumers under the Consumer Protection Act and directed refund with damages and interest for deficiency in service where the seller sold the same property to another party.

civil appeal_allowed Significant Consumer Protection Act commercial space deficiency in service possession

Kusum Agarwal v. M/s Harsha Associates Pvt. Ltd.

12 Oct 2017 · Madan B. Lokur; S. Abdul Nazeer; Deepak Gupta

The Supreme Court held that purchasers of commercial property are consumers under the Consumer Protection Act and directed refund with damages and interest for failure to deliver possession after payment.

civil appeal_allowed Significant Consumer Protection Act commercial property deficiency in service possession delivery

Indira Jaising v. Supreme Court of India

12 Oct 2017 · Ranjan Gogoi; Rohinton Fali Nariman; Navin Sinha

The Supreme Court upheld the constitutional validity of the designation process of Senior Advocates under Section 16 of the Advocates Act, emphasizing judicial discretion and permitting reforms for transparency without mandating uniform national guidelines.

constitutional other Significant Senior Advocate designation Section 16 Advocates Act 1961 Supreme Court Rules 2013 judicial discretion

Indira Jaising v. Supreme Court of India

12 Oct 2017 · Ranjan Gogoi; Rohinton Fali Nariman; Navin Sinha

The Supreme Court upheld the constitutional validity of the Senior Advocate designation process under Section 16 of the Advocates Act, emphasizing judicial discretion while recognizing the need for transparent and objective criteria.

constitutional other Significant Senior Advocate designation Section 16 Advocates Act 1961 Supreme Court Rules 2013 constitutional validity

Independent Thought v. Union of India and Anr.

11 Oct 2017 · Madan B. Lokur; Deepak Gupta
Cites 1 · Cited by 0

The Supreme Court held that sexual intercourse with a married girl child below 18 years is rape, declaring Exception 2 to Section 375 IPC unconstitutional as arbitrary and discriminatory.

criminal petition_allowed Significant marital rape sexual intercourse girl child age of consent

Independent Thought v. Union of India and Anr.

11 Oct 2017 · Madan B. Lokur; Deepak Gupta
Cites 2 · Cited by 0

The Supreme Court held that sexual intercourse with a girl below 18 years of age is rape regardless of marital status, striking down Exception 2 to Section 375 IPC as unconstitutional and discriminatory.

criminal petition_allowed Significant marital rape child marriage statutory rape Exception 2 to Section 375 IPC

Santosh S/O Dwarkadas Fafat v. State of Maharashtra

10 Oct 2017 · Kurian Joseph; R. Banumathi · 2017 INSC 1027

The Supreme Court held that denial of charges does not amount to non-cooperation with investigation and custodial interrogation must be justified beyond mere refusal to confess, leaving the matter to the Sessions Court's discretion.

criminal appeal_dismissed Significant anticipatory bail custodial interrogation self-incrimination Article 20(3) Constitution of India

Santosh S/O Dwarkadas Fafat v. State of Maharashtra

10 Oct 2017 · Kurian Joseph; R. Banumathi

The Supreme Court held that an accused's right against self-incrimination protects denial of guilt from being treated as non-cooperation, leaving custodial interrogation and bail cancellation decisions to the Sessions Court.

criminal appeal_allowed Significant anticipatory bail self-incrimination Article 20(3) custodial interrogation

AMAR NATH NEOGI v. STATE OF JHARKHAND

10 Oct 2017 · KURIAN JOSEPH; R. BANUMATHI

The Supreme Court allowed bail to a senior citizen appellant after final report filing, directing surrender and bond with sureties, while noting anticipatory bail is generally not granted post final report.

criminal appeal_allowed anticipatory bail final report senior citizen bail conditions

AMAR NATH NEOGI v. STATE OF JHARKHAND

10 Oct 2017 · KURIAN JOSEPH; R. BANUMATHI

The Supreme Court held that anticipatory bail is not maintainable after filing of the final report but granted regular bail to a senior citizen appellant upon surrender and execution of bond and sureties.

criminal appeal_allowed anticipatory bail final report senior citizen bail bond

M/S DURO FELGUERA, S.A. v. M/S GANGAVARAM PORT LIMITED

10 Oct 2017 · R. Banumathi; Kurian Joseph · 2017 INSC 1026

The Supreme Court held that separate contracts with independent arbitration clauses and a distinct Corporate Guarantee require multiple arbitral tribunals rather than a single composite tribunal, limiting the Court's role under amended Section 11(6A) to examining the existence of arbitration agreements.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 11(6A) Composite reference Multiple arbitral tribunals

M/S DURO FELGUERA, S.A. v. M/S GANGAVARAM PORT LIMITED

10 Oct 2017 · R. Banumathi; Kurian Joseph

The Supreme Court held that separate arbitration clauses in split contracts and a corporate guarantee require multiple arbitral tribunals rather than a single composite tribunal, restricting court intervention to verifying the existence of arbitration agreements under amended Section 11.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 11(6A) Composite reference Memorandum of Understanding

Nagar Palika Raisinghnagar v. Rameshwar Lal

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

The Supreme Court dismissed the appeal and upheld the grant of permanent injunction to the respondent based on valid Patta and possession, affirming concurrent factual findings of lower courts.

civil appeal_dismissed permanent injunction Patta concurrent findings of fact burden of proof

Nagar Palika Raisinghnagar v. Rameshwar Lal

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

The Supreme Court dismissed the Nagar Palika's appeal, upholding the grant of permanent injunction to the respondent based on valid Patta and possession of municipal land.

civil appeal_dismissed Patta Permanent injunction Concurrent findings of fact Municipal land