Supreme Court of India

16,355 judgments

Year:

State through CBI/ACB, Hyderabad A.P v. Dharmana Prased Rao

26 Apr 2016 · A.K. Sikri; R.K. Agrawal

The Supreme Court held that a Trial Court's subsequent taking of cognizance after deferring it is not a barred review under Section 362 CrPC and remanded the issue of sanction under Section 19 of the PC Act for fresh consideration.

criminal appeal_allowed Significant Section 362 CrPC Cognizance Prevention of Corruption Act Section 19 sanction

ITC LIMITED GURGAON v. COMMISSIONER OF I.T. (TDS) DELHI

26 Apr 2016 · R. F. Nariman; Kurian Joseph
Cites 1 · Cited by 0

The Supreme Court held that tips collected by employers and paid to employees do not constitute salary under the Income Tax Act, 1961, and thus do not attract tax deduction at source liability under Section 192.

tax appeal_allowed Significant Income Tax Act, 1961 Section 192 Section 201(1) Section 201(1A)

M.K. Indrajeet Sinhji Cotton P. Ltd. v. Narmada Cotto Coop. Spg. Mills Ltd.

26 Apr 2016 · S. A. Bobde; Amitava Roy

The Supreme Court held that the Registrar under Section 112 of the Gujarat Co-operative Societies Act cannot refuse leave to continue a suit on the ground of non-compliance with the mandatory notice under Section 167, as such tenability questions are exclusively for the civil court.

civil appeal_allowed Significant Gujarat Co-operative Societies Act, 1961 Section 112 Section 167 leave to continue suit

Amal Kumar Jha v. State of Chhatisgarh

26 Apr 2016 · Arun Mishra; V. Gopala Gowda
Cites 1 · Cited by 0

The Supreme Court held that prosecution of a public servant for an offence committed in discharge of official duty requires prior sanction under Section 197(1) Cr.P.C., and quashed the proceedings against the appellant for lack of such sanction.

criminal appeal_allowed Significant Section 197 Cr.P.C. sanction to prosecute official duty public servant

Philomina K. A. v. District Collector, Alappuzha and Anr.

26 Apr 2016 · A. K. Sikri; R. K. Agrawal

The Supreme Court held that an unmarried daughter without independent income is entitled to freedom fighter's pension despite having a son living separately, emphasizing actual dependency under the Kerala Freedom Fighters' Pension Rules.

civil appeal_allowed Significant freedom fighter's pension Kerala Freedom Fighters' Pension Rules, 1971 unmarried daughter dependency

Pawan Kumar Pathak v. Mohan Prasad

26 Apr 2016 · A. K. Sikri; R. K. Agrawal

The Supreme Court held that a pleading claiming to be the 'son' includes an adopted son under law, and thus the adoption deed is admissible evidence notwithstanding the absence of specific pleading of adoption.

civil appeal_allowed Significant adopted son inheritance pleadings admissibility of evidence

Suryabhan v. Bhagirathibai

25 Apr 2016 · Kurian Joseph; Rohinton Fali Nariman

The Supreme Court disposed of a family partition appeal by recording the parties' compromise, incorporating it into the decree and ending the litigation.

civil appeal_dismissed partition dispute family property compromise deed of compromise

State of M.P. v. Rajveer Singh

25 Apr 2016 · V. Gopala Gowda; Arun Mishra

The Supreme Court held that an FIR under Section 307 IPC cannot be quashed on the basis of compromise, emphasizing the offence's non-compoundable nature and the need for proper investigation.

criminal appeal_allowed Significant Section 307 IPC non-compoundable offence quashing of FIR compromise

Devinder Singh & Ors. v. State of Punjab through CBI

25 Apr 2016 · V. Gopala Gowda; Arun Mishra
Cites 1 · Cited by 0

The Supreme Court held that prior sanction of the competent authority is mandatory for prosecuting police officers for offences committed while acting or purporting to act in discharge of official duty under the Punjab Disturbed Areas Act and section 197 CrPC, and such sanction is to be decided by the competent authority, not the court.

criminal other Significant sanction for prosecution section 197 CrPC Punjab Disturbed Areas Act 1983 police officers prosecution

Paramjit Kaur v. Balkar Singh & Anr.

25 Apr 2016 · Arun Mishra; V. Gopala Gowda

The Supreme Court ordered a fresh hearing on the framing of charges and sanction for prosecution after noting incomplete arguments on merits in a criminal case.

criminal other Procedural framing of charges discharge application sanction for prosecution High Court

Orissa State Housing Board v. Indira English Medium School

25 Apr 2016 · Kurian Joseph; Rohinton Fali Nariman

The Supreme Court allowed the appeal of the Orissa State Housing Board, setting aside the High Court's land allotment order and directing allotment of an alternate site subject to the school producing affiliation.

civil appeal_allowed land allotment school affiliation alternate site Orissa State Housing Board

AXIS BANK v. SBS ORGANICS PRIVATE LIMITED AND ANOTHER

22 Apr 2016 · KURIAN JOSEPH; ROHINTON FALI NARIMAN

The Supreme Court held that the pre-deposit made under Section 18 of the SARFAESI Act as a condition for entertaining an appeal must be refunded upon withdrawal or disposal of the appeal unless lawfully appropriated or attached.

civil appeal_dismissed Significant SARFAESI Act Section 18 pre-deposit secured creditor

M/S. SHINHAN APEX CORPORATION v. M/S. EURO APEX B.V.

22 Apr 2016 · Fakkir Mohamed Ibrahim Kalifulla; S.A. Bobde

The Supreme Court held that the appellant complied with the arbitral award by executing the transfer deed as per the respondent's final draft and set aside the High Court's order directing re-execution on earlier terms.

civil appeal_allowed Significant arbitral award enforcement patent transfer partial final award arbitration clause

Messer Holdings Ltd. v. Shyam Madanmohan Ruia & Others

19 Apr 2016 · Chelameswar; Abhay Manohar Sapre

The Supreme Court dismissed appeals challenging share ownership disputes, holding that prolonged litigation without cause of action is an abuse of process and ordering exemplary costs.

civil petition_dismissed Significant share purchase agreement non-competition clause right of first refusal abuse of judicial process

Chaman and Another v. State of Uttrakhand

19 Apr 2016 · Amitava Roy; S.A. Bobde

The Supreme Court upheld the conviction of appellants for abduction and murder based on prompt FIR, consistent eyewitness testimony, medical evidence, and the presumption of guilt under Section 106 of the Indian Evidence Act due to their failure to explain the deceased's fate.

criminal appeal_dismissed Significant abduction murder Section 302 IPC Section 364 IPC

Essar Steel Ltd. v. Union of India & Ors.

19 Apr 2016 · V. Gopala Gowda; Uday Umesh Lalit
Cites 1 · Cited by 0

The Supreme Court upheld the Union of India's executive policy to pool RLNG prices, ruling it valid under constitutional powers and dismissing challenges to contract price revisions.

administrative appeal_dismissed Significant RLNG price pooling executive policy judicial review contractual sanctity

M/S SHILPA SHARES AND SECURITIES v. THE NATIONAL CO-OPERATIVE BANK LTD

19 Apr 2016 · KURIAN JOSEPH; R. BANUMATHI

The Supreme Court allowed the appeal and directed the High Court to reconsider the appellants' writ petition on merits after disposal of related writ petitions concerning the auction set aside under the Maharashtra Cooperative Societies Act.

civil appeal_allowed Significant One-Time Settlement auction set aside Maharashtra Cooperative Societies Act Section 154

Ramo Bai v. State of Haryana

19 Apr 2016 · KURIAN JOSEPH; R. BANUMATHI

The Supreme Court enhanced compensation for land acquisition to Rs. 325 per square yard for similarly situated appellants but denied statutory benefits for the period of delay in filing appeals.

property appeal_partly_allowed Significant land acquisition compensation enhancement statutory benefits delay in filing

Rajesh Verma v. Ashwani Kumar Khanna

19 Apr 2016 · J. Chelameswar; Abhay Manohar Sapre

The Supreme Court held that under Section 11 of the Arbitration Act, the Court's role is limited to appointing an arbitrator without deciding merits, and appointed a retired judge as arbitrator after modifying the High Court order.

civil appeal_allowed Significant Section 11 Arbitration and Conciliation Act, 1996 arbitration agreement appointment of arbitrator jurisdiction of court

Parshotam Lal & Anr v. State of Punjab & Ors

18 Apr 2016 · Kurian Joseph; R. Banumathi

The Supreme Court allowed the appellants' civil appeals and directed reduction of forfeiture percentage to 2% in their cases, emphasizing discretion based on factual circumstances without establishing a uniform standard.

civil appeal_allowed forfeiture discretion revisional authority appellate authority