Supreme Court of India

18,587 judgments

Year:

V. Venkata Prasad v. High Court of A.P. & Ors.

29 Jun 2016 · Dipak Misra; Shiva Kirti Singh

Appointments to Fast Track Courts under ad hoc rules do not confer seniority over direct recruits appointed to substantive vacancies in the regular judicial cadre.

administrative appeal_dismissed Significant Fast Track Courts Ad hoc appointment Seniority Judicial service

Punjab State Warehousing Corp. v. Bhushan Chander

29 Jun 2016 · Dipak Misra; Shiva Kirti Singh
Cites 7 · Cited by 0

The Supreme Court held that prosecution of a government corporation employee for criminal breach of trust does not require prior sanction under Section 197 CrPC as the offence was not committed in discharge of official duty.

criminal appeal_allowed Significant Section 197 CrPC public servant prior sanction criminal breach of trust

Haryana State v. Gram Panchayat Village Kalehri

29 Jun 2016 · Abhay Manohar Sapre; Ashok Bhushan

The Supreme Court held that a second appeal involving interpretation of ownership documents raises substantial questions of law requiring admission and merits adjudication, and remanded the case for fresh hearing after framing such questions.

civil appeal_allowed Significant Section 100 CPC second appeal substantial question of law ownership dispute

Ajambi v. Roshanbi

29 Jun 2016 · Anil R. Dave; Adarsh Kumar Goel

The Supreme Court upheld a lifetime partition of property evidenced by a memorandum of partition, rejecting the High Court's invalidation of the document for non-registration and clarifying the applicability of Muslim law on property partition.

civil appeal_allowed Significant partition memorandum of partition Muslim law joint family

Umesh Goel v. Himachal Pradesh Cooperative Group Housing Society Ltd.

29 Jun 2016 · Fakkir Mohamed Ibrahim Kalifulla; C. Nagappan

The Supreme Court held that Section 69(3) of the Indian Partnership Act does not apply to arbitral proceedings under the Arbitration and Conciliation Act, 1996, and an arbitrator is not a Court for the purposes of that Section.

civil appeal_allowed Significant Section 69 Indian Partnership Act arbitral proceedings arbitration and conciliation act 1996 unregistered partnership firm

Divisional Manager v. Vinayak Chintaman Gawande

29 Jun 2016 · Kurian Joseph; Rohinton Fali Nariman

The Supreme Court remitted the dispute over back wages to the Labour Court for expeditious adjudication, maintaining an interim stay on payment until disposal.

labor appeal_allowed Procedural Labour Court back wages reinstatement remand

Surendra Kumar Gupta v. State of U P

29 Jun 2016 · Kurian Joseph; Rohinton Fali Nariman

The Supreme Court held that acquisition proceedings can lapse under Section 24(2) of the 2013 Land Acquisition Act and remanded the matter for fresh consideration, rejecting the High Court's refusal to entertain the lapse contention as belated.

property appeal_allowed Significant Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 Section 24(2) land acquisition lapse of acquisition proceedings

State of Kerala v. P. Muhammed Noushad

29 Jun 2016 · Abhay Manohar Sapre; Ashok Bhushan

The Supreme Court upheld the High Court's acquittal of a Village Officer accused of accepting bribe under the Prevention of Corruption Act, holding that the prosecution failed to prove the essential facts beyond reasonable doubt.

criminal appeal_dismissed Significant Prevention of Corruption Act trap and recovery appreciation of evidence benefit of doubt

Committee of Management Anuragi Devi Degree College & Anr. v. State of U.P. & Anr.

29 Jun 2016 · Dipak Misra; Shiva Kirti Singh

The Supreme Court upheld the mandatory time schedule for affiliation under the NCTE Act and dismissed the appeal of a college seeking extension of affiliation beyond the prescribed cut-off date, emphasizing adherence to statutory norms and prohibiting admission without valid affiliation.

administrative appeal_dismissed Significant affiliation recognition NCTE Act, 1993 time schedule

Jagdish v. State of Haryana

29 Jun 2016 · Abhay Manohar Sapre; Ashok Bhushan

The Supreme Court upheld the conviction of the appellant for causing death by lathi blows based on credible eyewitness evidence and concurrent findings of lower courts, dismissing the appeal.

criminal appeal_dismissed Section 304 Part II IPC Section 323 IPC concurrent findings eyewitness testimony

Jagat Singh v. State of Uttarakhand

29 Jun 2016 · Abhay Manohar Sapre; Ashok Bhushan

The Supreme Court upheld the conviction under the NDPS Act, holding that compliance with Sections 42 and 50 was satisfied by the presence of a Gazetted Officer during recovery and that minor procedural lapses did not vitiate the prosecution case.

criminal appeal_dismissed Significant NDPS Act Section 42 NDPS Section 50 NDPS search and seizure

Praful Sudhakar Parab v. State of Maharashtra

29 Jun 2016 · Abhay Manohar Sapre; Ashok Bhushan

The Supreme Court upheld a murder conviction based on a complete chain of circumstantial evidence and last seen theory despite absence of motive and direct eyewitnesses.

criminal appeal_dismissed Significant circumstantial evidence last seen theory murder conviction absence of motive

S. SUNDARAM FINANCE LIMITED v. NOORJAHAN BEEVI

29 Jun 2016 · Abhay Manohar Sapre; Ashok Bhushan
Cites 0 · Cited by 1

The Supreme Court held that in a hire purchase agreement with ipso facto termination on default, the limitation period for recovery suit begins from the date of default, dismissing the appeal as barred by limitation.

civil appeal_dismissed Significant hire purchase agreement limitation period Article 55 Limitation Act default in payment

M/S. EMM ENN ASSOCIATES v. COMMANDER WORKS ENGINEER

26 Jun 2016 · Abhay Manohar Sapre; Ashok Bhushan

The Supreme Court held that a claim not evidently barred by limitation and involving disputed issues is a live claim that must be referred to arbitration, setting aside the High Court's rejection of the appellant's application for appointment of an arbitrator under Section 11 of the Arbitration Act.

civil appeal_allowed Significant Section 11 Arbitration Act live claim dead claim limitation

Dr. Rini Johar & Anr. v. State of M.P. & Ors.

03 Jun 2016 · Dipak Misra; Shiva Kirti Singh

The Supreme Court held the petitioners' arrest illegal for non-compliance with procedural safeguards, quashed the criminal proceedings, and awarded compensation for violation of their fundamental rights.

criminal petition_allowed Significant illegal arrest procedural safeguards Section 41 CrPC Section 41-A CrPC

Satish Shetty v. State of Karnataka

03 Jun 2016 · Dipak Misra; Shiva Kirti Singh
Cites 3 · Cited by 0

The Supreme Court upheld the conviction of a husband for cruelty and abetment of his wife's suicide under Sections 498-A and 306 IPC, affirming the High Court's interference with a perverse acquittal.

criminal appeal_dismissed Significant dowry harassment abetment of suicide Section 498-A IPC Section 306 IPC

Indira Devi and Ors. v. State of Himachal Pradesh

03 Jun 2016 · Dipak Misra; Shiva Kirti Singh

The Supreme Court acquitted three lady appellants of charges under Section 149 IPC due to contradictions in victim's testimony and lack of corroborative medical evidence, emphasizing careful scrutiny of injured witness statements and the necessity of proving common object for conviction.

criminal appeal_allowed Significant Section 149 IPC injured witness common object contradictory evidence

Sarla Performance Fibers Limited v. Commissioner of Central Excise

03 Jun 2016 · Dipak Misra; Shiva Kirti Singh

The Supreme Court held that excise duty on goods cleared by a 100% EOU without permission is leviable under main Section 3(1) of the Central Excise Act, not under the proviso, overruling the contrary tribunal decision.

tax appeal_allowed Significant 100% Export Oriented Unit Central Excise Act, 1944 Section 3(1) proviso to Section 3(1)

Bijender @ Papu and Anr. v. State of Haryana

03 Jun 2016 · Dipak Misra; Shiva Kirti Singh

The Supreme Court reduced the sentence of appellants under Section 325 read with Section 149 IPC from five to three years imprisonment, rejecting parity with older co-accused but moderating punishment due to lack of specific attribution of grievous injury.

criminal sentence_modified Significant parity in sentencing Section 325 IPC Section 149 IPC rigorous imprisonment

Bhagwan Sahai and Anr. v. State of Rajasthan

03 Jun 2016 · Dipak Misra; Shiva Kirti Singh

The Supreme Court acquitted appellants on the ground that prosecution failed to explain injuries on accused side and death of their father, entitling them to benefit of doubt and right of private defence.

criminal appeal_allowed Significant right of private defence benefit of doubt injuries on accused side free fight