Supreme Court of India

18,587 judgments

Year:

Manoj Kumar Sharma v. State of Chhattisgarh

23 Aug 2016 · Madan B. Lokur; R.K. Agrawal
Cites 0 · Cited by 1

The Supreme Court quashed a delayed FIR and criminal proceedings for dowry death due to lack of territorial jurisdiction, absence of prior FIR, and abuse of process under Section 482 CrPC.

criminal appeal_allowed Significant Section 174 CrPC inquiry FIR registration Section 154 CrPC Section 482 CrPC quashing

Ajay Arjun Singh v. Sharadendu Tiwari

23 Aug 2016 · Chelameswar; Abhay Manohar Sapre

The Supreme Court held that only travel expenses incurred by star campaigners are exempt from election expenses, rejected the conclusive valuation by Election Commission, and allowed striking off of pleadings relating to helicopter travel expenditure while upholding the rest of the election petition pleadings.

constitutional appeal_partly_allowed Significant Order VI Rule 16 CPC Election Petition Representation of the People Act 1951 Corrupt Practices

Keshav H. Gholve and Anr. v. M/s Thermax Ltd.

23 Aug 2016 · Kurian Joseph; Rohinton Fali Nariman

The Supreme Court held that a delinquent workman is not entitled to legal representation in a domestic enquiry unless the management engages a lawyer, but may be represented by any employee or trade union representative of their choice.

labor appeal_dismissed Significant domestic enquiry legal representation delinquent workman standing orders

Kumar Aluminium Ltd v. Asset Reconstruction Company India Ltd

23 Aug 2016 · Kurian Joseph; Rohinton Fali Nariman

The Supreme Court held that the pre-deposit under section 18(1) of the SARFAESI Act is refundable upon disposal of the appeal unless lawfully appropriated or attached, setting aside lower court orders and remitting the matter for fresh consideration.

civil appeal_allowed Significant SARFAESI Act pre-deposit refund section 18(1) Debt Recovery Appellate Tribunal

Sunil Kumar Rai & Ors v. State of Bihar & Ors

23 Aug 2016 · K. M. Joseph; Hrishikesh Roy

The Supreme Court quashed Bihar's notification granting Scheduled Tribe status to the Lohar community, reaffirming that only Parliament and the President can specify Scheduled Tribes under Article 342, and upheld prior rulings that Lohars are OBCs, not Scheduled Tribes.

constitutional petition_allowed Significant Scheduled Tribe Lohar community Article 342 Article 32

Sunil Kumar Rai & Ors. v. The State of Bihar & Ors.

23 Aug 2016 · K. M. Joseph; Hrishikesh Roy
Cites 0 · Cited by 11

The Supreme Court quashed Bihar's 2016 notification granting Scheduled Tribe status to the Lohar community, reaffirming that Lohars are OBCs, not Scheduled Tribes, and awarded compensation for violation of fundamental rights.

constitutional petition_allowed Significant Scheduled Tribe Lohar community Article 342 Article 32

Vishnu Kumar Sikaravar v. Anil Kumar Garg

22 Aug 2016 · Kurian Joseph; Rohinton Fali Nariman

The Supreme Court held that a public official must be given a valid show cause notice and opportunity of hearing before being restrained from exercising financial and administrative powers, directing fresh proceedings accordingly.

administrative appeal_allowed Significant show cause notice opportunity of hearing financial and administrative powers natural justice

M. S. Kazi v. Muslim Education Society & Ors.

22 Aug 2016 · T S Thakur; A M Khanwilkar; Dr D Y Chandrachud

The Supreme Court held that a tribunal not required to defend its order is not a necessary party in writ proceedings under Articles 226 and 227, allowing the appeal and restoring the case for merits consideration.

civil appeal_allowed Significant Special Civil Application Articles 226 and 227 tribunal impleadment writ petition maintainability

Industrial Promotion & Investment Corporation of Orissa Ltd. v. New India Assurance Company Ltd.

22 Aug 2016 · Anil R. Dave; L. Nageswara Rao
Cites 1 · Cited by 1

The Supreme Court held that burglary insurance claims require proof of forcible and violent entry or exit, and absent such proof, the insurer is not liable, dismissing the appellant's claim and appeal.

civil appeal_dismissed Significant burglary insurance forcible entry house breaking insurance contract interpretation

Shri Vimal Kishor Shah v. Jayesh Dinesh Shah

17 Aug 2016 · J. Chelameswar; Abhay Manohar Sapre

The Supreme Court held that a Trust Deed's arbitration clause does not constitute a valid arbitration agreement binding beneficiaries who did not sign it, and disputes under the Indian Trust Act are not arbitrable but fall within Civil Court jurisdiction.

civil appeal_allowed Significant arbitration agreement Trust Deed Indian Trust Act, 1882 Section 11 Arbitration Act

Shri Vimal Kishor Shah v. Jayesh Dinesh Shah

17 Aug 2016 · J. Chelameswar; Abhay Manohar Sapre

The Supreme Court held that a Trust Deed clause for arbitration does not constitute a valid arbitration agreement with beneficiaries who did not sign it, and disputes under the Indian Trust Act are not arbitrable but fall within Civil Court jurisdiction.

civil appeal_allowed Significant arbitration agreement Trust Deed Indian Trust Act, 1882 Section 11 Arbitration Act

Vimal Kishor Shah v. Jayesh Dinesh Shah

17 Aug 2016 · J. Chelameswar; Abhay Manohar Sapre

The Supreme Court held that a Trust Deed clause for arbitration does not constitute a valid arbitration agreement under the Arbitration Act, and disputes under the Indian Trust Act are non-arbitrable and must be adjudicated by Civil Courts.

civil appeal_allowed Significant Arbitration agreement Trust Deed Indian Trust Act, 1882 Section 11 Arbitration Act

Brij Lal v. State of Rajasthan

17 Aug 2016 · Jagdish Singh Khehar; Arun Mishra

The Supreme Court upheld the conviction of Brij Lal for murder, rejecting his plea of self-defence as the evidence showed he fired indiscriminately at an unarmed crowd without reasonable apprehension of death or grievous hurt.

criminal appeal_dismissed Significant private defence Section 300 IPC exception 2 right of private defence burden of proof

Damayanti Hemant Matani v. Dr. Viren Bhagwandas Asher

17 Aug 2016 · Kurian Joseph; Shiva Kirti Singh

The Supreme Court modified the High Court's order permitting the father to take the minor child abroad for medical treatment, aligning the period with the child's academic schedule and ensuring custodial safeguards.

family appeal_allowed minor child custody medical treatment abroad best interest of child custody transfer

Akta Juneja v. Sanjeev Kumar Juneja

17 Aug 2016 · Kurian Joseph; Shiva Kirti Singh

The Supreme Court allowed the transfer of a matrimonial dispute case to a Family Court in Delhi, directing cooperation on visitation rights to ensure the welfare of the minor child.

family appeal_allowed transfer petition Section 25 CPC matrimonial dispute visitation rights

O.P. Verma v. Shahmal

17 Aug 2016 · Kurian Joseph; Shiva Kirti Singh

The Supreme Court allowed the appeal of a Junior Engineer punished for demolition under orders of discharged superior officers, setting aside his imprisonment and discharging him upon acceptance of his apology.

civil appeal_allowed Order 39 Rule 2A CPC demolition of building superior officer liability subordinate officer

Baburao s/o Narayanrao Terkar v. Pokhardas s/o Bhanumal Khatnani

16 Aug 2016 · T.S. Thakur; A.M. Khanwilkar; Dr. D.Y. Chandrachud

The Supreme Court upheld the dismissal of eviction proceedings against a tenant who deposited rent with the Rent Controller amid bona fide ownership dispute, rejecting the landlord's appeal and directing enhanced rent payment.

civil appeal_dismissed Significant eviction willful default arrears of rent Hyderabad Houses Act

DELHI DEVELOPMENT AUTHORITY v. VEENA MAHAJAN

16 Aug 2016 · KURIAN JOSEPH; SHIVA KIRTI SINGH

The Supreme Court held that land acquisitions where possession was not taken within five years of the award prior to the 2013 Act's commencement are to be declared lapsed under Section 24(2) of the Act.

property appeal_dismissed Significant land acquisition possession Section 24(2) Right to Fair Compensation and Transparency in Land Acquisition Act, 2013

Virender Khullar v. American Consolidation Services Ltd.

16 Aug 2016 · R. K. Agrawal; Prafulla C. Pant

The Supreme Court held that an agent acting on behalf of a disclosed principal is not personally liable for shipment contracts, affirming that only the consignee/principal is liable for non-payment under the Consumer Protection Act.

civil appeal_dismissed Significant Consumer Protection Act, 1986 Indian Contract Act, 1872 Section 230 agency liability consignment delivery

Mukesh Nayyar v. Madhu Nayyar & Ors.

16 Aug 2016 · Kurian Joseph; Shiva Kirti Singh

The Supreme Court dismissed the divorce appeal due to the appellant's death, holding that no cause of action survives, while allowing parties to pursue ancillary matters separately.

family appeal_dismissed divorce civil appeal cause of action death of appellant