Supreme Court of India

14,826 judgments

Year:

M/S. METERS AND INSTRUMENTS PRIVATE LIMITED & ANR. v. KANCHAN MEHTA

05 Oct 2017 · Adarsh Kumar Goel; Uday Umesh Lalit

The Supreme Court held that courts can close proceedings under Section 138 of the Negotiable Instruments Act upon payment of cheque amount with interest and costs, even without complainant's consent, and may exempt personal appearance to ensure speedy and just disposal.

criminal appeal_allowed Significant Section 138 Negotiable Instruments Act compounding offence summary trial cheque dishonour

M/S. METERS AND INSTRUMENTS PRIVATE LIMITED & ANR. v. KANCHAN MEHTA

05 Oct 2017 · Adarsh Kumar Goel; Uday Umesh Lalit

The Supreme Court held that courts can close proceedings under Section 138 of the Negotiable Instruments Act upon payment of cheque amount with interest and costs, even without complainant's consent, promoting summary disposal and use of technology.

criminal appeal_allowed Significant Section 138 Negotiable Instruments Act compounding offence summary trial payment of cheque amount

Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. v. State of Gujarat and Anr.

04 Oct 2017 · Dipak Misra; A M Khanwilkar; Dr D Y Chandrachud · 2017 INSC 1003
Cites 1 · Cited by 0

The Supreme Court upheld the High Court's refusal to quash an FIR involving forgery and conspiracy in a land fraud case, emphasizing that serious economic offences affecting societal interests cannot be quashed merely on private settlement grounds.

criminal appeal_dismissed Significant Section 482 CrPC quashing of FIR inherent jurisdiction forgery

Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. v. State of Gujarat and Anr.

04 Oct 2017 · Dipak Misra; A M Khanwilkar; Dr D Y Chandrachud
Cites 1 · Cited by 0

The Supreme Court upheld the High Court's refusal to quash an FIR involving forgery and conspiracy in land transactions, emphasizing that serious economic offences affecting societal interests are not amenable to quashing on private settlement grounds.

criminal appeal_dismissed Significant Section 482 CrPC quashing of FIR inherent jurisdiction settlement between parties

OM PRAKASH v. RELIANCE GENERAL INSURANCE

04 Oct 2017 · R. K. Agrawal; S. Abdul Nazeer

The Supreme Court held that a genuine insurance claim cannot be repudiated solely due to delay in intimation if the delay is satisfactorily explained and the theft is verified, directing payment of the claim with interest.

civil appeal_allowed Significant insurance claim delay in intimation theft of vehicle Condition No. 1 insurance policy

Commissioner of Income Tax v. Balbir Singh Maini

04 Oct 2017 · R.F. Nariman; Sanjay Kishan Kaul · 2017 INSC 1002
Cites 1 · Cited by 0

The Supreme Court held that an unregistered Joint Development Agreement does not constitute a taxable "transfer" under Section 2(47)(v) of the Income Tax Act, and capital gains tax cannot be levied on unrealized or hypothetical income.

tax appeal_dismissed Significant Joint Development Agreement Section 53A Transfer of Property Act Section 2(47)(v) Income Tax Act capital gains tax

Commissioner of Income Tax v. Balbir Singh Maini

04 Oct 2017 · R.F. Nariman; Sanjay Kishan Kaul
Cites 1 · Cited by 0

The Supreme Court held that an unregistered Joint Development Agreement does not constitute a "transfer" under Section 2(47)(v) of the Income Tax Act, and capital gains tax cannot be levied on hypothetical income from a failed development project.

tax appeal_dismissed Significant Joint Development Agreement Section 53A Transfer of Property Act Section 2(47)(v) Income Tax Act Capital gains tax

Advanced Medical and Educational Society and Another v. Union of India and Ors.

04 Oct 2017 · Dipak Misra; A.M. Khanwilkar; Dr. D.Y. Chandrachud

The Supreme Court upheld the Ministry's debarment decision but mandated a fresh inspection and compliance opportunity before finalizing the petitioners' medical college's Letter of Permission renewal.

administrative petition_dismissed Significant Medical College Establishment Letter of Permission Medical Council of India Debarment

Advanced Medical and Educational Society and Another v. Union of India and Ors.

04 Oct 2017 · Dipak Misra; A.M. Khanwilkar; Dr. D.Y. Chandrachud

The Supreme Court upheld the Ministry's decision to debar a medical college due to deficiencies but directed fresh inspection and compliance opportunity before final decision, allowing admitted students to continue studies and restraining premature encashment of bank guarantee.

administrative appeal_dismissed Significant Medical College Establishment Letter of Permission Medical Council of India Debarment

The State of Himachal Pradesh v. M/s Gujarat Ambuja Cements Ltd.

04 Oct 2017 · Ranjan Gogoi; Navin Sinha

The Supreme Court held that Peak Load Exemption Charge is not part of the reimbursable power tariff under the Himachal Pradesh industrial incentive scheme and set aside the High Court's order granting such reimbursement.

administrative appeal_allowed Significant power tariff freeze Peak Load Exemption Charge electricity tariff industrial incentives

S. MOHAMMED ISPAHANI v. YOGENDRA CHANDAK

04 Oct 2017 · A.K. SIKRI; ASHOK BHUSHAN

The Supreme Court held that summons under Section 319 Cr.P.C. require strong and cogent evidence led during trial, and set aside the High Court order summoning landlords and bailiff as accused without such evidence.

criminal appeal_allowed Significant Section 319 Cr.P.C. summoning of accused charge sheet evidence during trial

S. MOHAMMED ISPAHANI v. YOGENDRA CHANDAK

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

The Supreme Court held that appellants cannot be summoned under Section 319 Cr.P.C. without strong and cogent evidence led during trial, setting aside the High Court order summoning them as accused.

criminal appeal_allowed Significant Section 319 Cr.P.C. summoning of accused evidence led during trial statements under Section 161 Cr.P.C.

Dushyant N. Dalal and Another v. Securities and Exchange Board of India

04 Oct 2017 · R. F. Nariman; Sanjay Kishan Kaul · 2017 INSC 1004
Cites 1 · Cited by 0

The Supreme Court held that interest on SEBI penalty and disgorgement orders is recoverable prospectively under Section 28A, but where future interest is not expressly awarded and a severe alternative penalty imposed, no further interest can be claimed.

administrative appeal_allowed Significant Section 28A SEBI Act interest on penalty disgorgement equitable interest

Dushyant N. Dalal and Another v. Securities and Exchange Board of India

04 Oct 2017 · R.F. Nariman; Sanjay Kishan Kaul
Cites 1 · Cited by 0

The Supreme Court held that interest on unpaid SEBI penalties is payable prospectively under Section 28A, but future interest on disgorgement depends on the original order's terms, affirming equitable jurisdiction to award interest on public monies.

administrative appeal_allowed Significant Section 28A SEBI Act interest on penalty disgorgement equity interest

Shyam Sharma v. State of Madhya Pradesh

04 Oct 2017 · R. K. Agrawal; S. Abdul Nazeer · 2017 INSC 994

The Supreme Court reduced the appellant's conviction from attempt to murder under Section 307 IPC to voluntarily causing hurt under Section 324 IPC due to lack of intent to cause death.

criminal appeal_allowed Significant Section 307 IPC Section 324 IPC Attempt to murder Voluntarily causing hurt

Shyam Sharma v. State of Madhya Pradesh

04 Oct 2017 · R. K. Agrawal; S. Abdul Nazeer

The Supreme Court reduced the appellant's conviction from attempt to murder under Section 307 IPC to causing hurt by dangerous weapons under Section 324 IPC due to lack of proof of intent to cause death.

criminal appeal_allowed Significant Section 307 IPC Section 324 IPC intention to cause death hostile witnesses

Kodendera K. Uthaiah v. P.M. Medappa

04 Oct 2017 · Ranjan Gogoi; Navin Sinha

The Supreme Court held that a partnership deed clause for purchase of a deceased partner's share excludes statutory dissolution provisions, entitling legal heirs to their share with interest but not to profits after death, setting aside the High Court's order for dissolution.

civil appeal_allowed Significant partnership deed Clause 14 deceased partner purchase of share

Dhurukumar S/O Radhakishan Pitti & Anr. v. The State of Maharashtra

04 Oct 2017 · R. K. Agrawal; S. Abdul Nazeer

The Supreme Court upheld the conviction and fine under the Essential Commodities Act but set aside imprisonment and granted probation to first-time offenders under Section 360 Cr.P.C.

criminal appeal_allowed Significant Essential Commodities Act, 1955 Section 7 Section 360 Cr.P.C. Probation of Offenders Act, 1958

Dhurukumar S/O Radhakishan Pitti v. State of Maharashtra

04 Oct 2017 · R. K. Agrawal; S. Abdul Nazeer

The Supreme Court upheld conviction and fine under the Essential Commodities Act but set aside imprisonment, granting first-time offenders probation under Section 360 Cr.P.C.

criminal appeal_allowed Significant Essential Commodities Act, 1955 Section 7 Section 360 Cr.P.C. Probation of Offenders Act, 1958

Mohammed Faizal K.A. v. D. Sali

04 Oct 2017 · Dipak Misra; A.M. Khanwilkar

The Supreme Court held that a punishment operative during the promotion check period is a valid ground to deny promotion, set aside the High Court's direction to promote respondent No.1 from 2001, restored the earlier government order, and allowed the appellant's challenge to consequential seniority adjustments.

administrative appeal_allowed Significant promotion Departmental Promotion Committee increment bar punishment check period