Supreme Court of India

16,355 judgments

Year:

State of Himachal Pradesh v. Ashwani Kumar

26 Nov 2015 · M.Y. Eqbal; C. Nagappan

The Supreme Court held that under the Himachal Pradesh Ceiling on Land Holdings Act, 1972, the permissible landholding of a family and its members must be aggregated and cannot exceed the statutory ceiling, reversing the High Court's order allowing separate permissible units to each family member.

property appeal_allowed Significant Himachal Pradesh Ceiling on Land Holdings Act, 1972 permissible area land ceiling family definition

A.R. Dahiya v. SEBI

26 Nov 2015 · Vikramajit Sen; Shivakirti Singh

The Supreme Court held that non-disclosure of a buy-back transaction involving post-dated cheques constituted an acquisition triggering SEBI disclosure obligations, dismissing the appellant's appeal and upholding SEBI's directions for a fresh public offer at the highest price paid.

corporate appeal_dismissed Significant SEBI Regulations Substantial Acquisition of Shares Takeover Regulations Buy-back of shares

Life Insurance Corporation of India Ltd. & Ors. v. Shree Lal Meena

26 Nov 2015 · Dipak Misra; Prafulla C. Pant
Cites 8 · Cited by 0

The Supreme Court held that resignation prior to the introduction of voluntary retirement provisions cannot be equated with voluntary retirement for pension benefits under the 1995 Rules, pending larger Bench consideration.

service_law other Significant voluntary retirement resignation pension entitlement retrospective application

State of Uttar Pradesh v. United Bank of India

26 Nov 2015 · M.Y. Eqbal; C. Nagappan

The Supreme Court held that a mortgage of Government (Nazul) land without State sanction is void, the Bank had no right to convert leasehold into freehold, and the State's resumption notice was valid.

property appeal_allowed Significant Nazul land Government Grants Act, 1895 Mortgage Leasehold

SEBI THROUGH ITS CHAIRMAN v. ROOFIT INDUSTRIES LTD.

26 Nov 2015 · VikramaJit Sen; Shiva Kirti Singh

The Supreme Court held that penalties under Section 15A(a) of the SEBI Act, 1992 as amended in 2002 are mandatory without discretion for reduction on extraneous grounds, and the default by Roofit Industries was a one-time default attracting pre-amendment penalty provisions.

administrative appeal_allowed Significant SEBI Act 1992 Section 15A penalty Section 15J factors discretion in penalty

Shamsher Singh Verma v. State of Haryana

24 Nov 2015 · Dipak Misra; Prafulla C. Pant
Cites 0 · Cited by 2

The Supreme Court held that a compact disc containing recorded conversations is admissible evidence under Section 294 CrPC and must be allowed to be examined by the defence to uphold the right to a fair trial.

criminal appeal_allowed Significant Section 294 CrPC compact disc evidence right of defence tape-recorded conversation

Commissioner of Central Excise v. M/S Nestle India Limited

24 Nov 2015 · A.K. Sikri; R.F. Nariman

The Supreme Court held that valuation of goods cleared by a 100% EOU to sister units in India must follow exemption notifications and Rule 8 of Central Excise Valuation Rules, not customs valuation under Section 3(1) proviso (ii), dismissing the revenue's appeal.

tax appeal_dismissed Significant 100% Export Oriented Unit Central Excise Valuation Rule 8 Central Excise Rules Section 3(1) Proviso (ii) Central Excise Act

M/S. SHREE BHAGWATI STEEL ROLLING MILLS v. COMMISSIONER OF CENTRAL EXCISE & ANR.

24 Nov 2015 · R.F. Nariman; A.K. Sikri

The Supreme Court held that omission of a statutory provision amounts to repeal, interest cannot be levied without statutory authority, and mandatory penalty provisions under certain Central Excise Rules are ultra vires and violate constitutional rights.

tax appeal_allowed Significant Central Excise Act, 1944 Section 3A General Clauses Act, 1897 omission vs repeal

Securities & Exchange Board of India v. ICAP India Pvt. Ltd.

24 Nov 2015 · VikramaJit Sen; Shiva Kirti Singh

The Supreme Court held that 'annual turnover' for SEBI registration fees includes the full value of securities transactions, not just brokerage, overruling the SAT's narrower interpretation.

administrative appeal_allowed Significant annual turnover SEBI Regulations stock broker registration fee wholesale debt market

M/S INDIAN INSTT. OF PLANNING & MGMT. & ANR. v. M/S AK & I ADVERTISING PVT. LTD.

24 Nov 2015 · J. S. KHEHAR; R. BANUMATHI

The Supreme Court held that a party must first request the other party to agree on an arbitrator before approaching the court under Section 11 of the Arbitration Act, and set aside the High Court's appointment of an arbitrator for lack of such request.

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

M/S BRIDGESTONE INDIA PVT. LTD v. INDERPAL SINGH

24 Nov 2015 · Jagdish Singh Khehar; R. Banumathi

The Supreme Court held that after the 2015 amendment, courts where the cheque is presented for collection have jurisdiction to try offences under Section 138 of the Negotiable Instruments Act, overruling earlier jurisdictional rulings.

criminal appeal_allowed Significant Section 138 Negotiable Instruments Act territorial jurisdiction dishonour of cheque Negotiable Instruments (Amendment) Second Ordinance 2015

Commercial Taxes Officer v. A Infrastructure Ltd.

24 Nov 2015 · Dipak Misra; Prafulla C. Pant
Cites 5 · Cited by 0

The Supreme Court held that exemption granted to manufacturers under Rajasthan VAT Act does not render goods exempted goods, entitling the manufacturer to Input Tax Credit on raw materials.

tax appeal_dismissed Significant Input Tax Credit Exempted Goods Rajasthan Value Added Tax Act, 2003 Section 8 exemption

K.S. Soundararajan v. Commissioner of H.R. & C.E.

24 Nov 2015 · M.Y. Eqbal; C. Nagappan

The Supreme Court upheld that the charities under the Will constitute public religious trusts and that authorities have power under Section 64 of the Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959, to frame a scheme for their administration.

civil appeal_dismissed Significant public trust private trust religious charity Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959

Elektron Lighting Systems Pvt. Ltd. and Anr. v. Shah Investments Financial Developments and Consultants Pvt. Ltd. and Ors.

20 Nov 2015 · Dipak Misra; Prafulla C. Pant

The Supreme Court upheld the contract for LED street light replacement awarded to the appellants but quashed the grant of exclusive advertising rights for lack of fair tender process, emphasizing judicial restraint in contract award disputes.

administrative appeal_allowed Significant judicial review tender process technical bid price bid

Krishna Bhatacharjee v. Sarathi Choudhury

20 Nov 2015 · Dipak Misra; Prafulla C. Pant

The Supreme Court held that judicial separation does not sever the domestic relationship under the Protection of Women from Domestic Violence Act, 2005, and a woman can claim recovery of Stridhan as a continuing offence not barred by limitation.

criminal appeal_allowed Significant Protection of Women from Domestic Violence Act, 2005 judicial separation aggrieved person domestic relationship

State of Rajasthan v. Ramesh

20 Nov 2015 · S. A. Bobde; Prafulla C. Pant
Cites 0 · Cited by 1

The Supreme Court reversed the High Court's acquittal and convicted the accused for culpable homicide not amounting to murder under grave and sudden provocation, based on medical and circumstantial evidence ruling out suicide by hanging.

criminal appeal_allowed Significant culpable homicide not amounting to murder Exception 1 to Section 300 IPC strangulation hanging

Raj Singh @ Raja v. State of Haryana

20 Nov 2015 · Dipak Misra; Prafulla C. Pant

The Supreme Court acquitted Raj Singh @ Raja of murder under Section 302 read with Section 149 IPC due to lack of common object but upheld his convictions for rioting and assault under Sections 148, 307, and 323 read with Section 149 IPC.

criminal appeal_allowed Significant unlawful assembly common object Section 149 IPC murder

Brij Bihari Singh v. Bihar State Financial Corporation

20 Nov 2015 · M.Y. Eqbal; C. Nagappan

The Supreme Court set aside the dismissal of an employee due to procedural irregularities and violation of natural justice in departmental enquiry and improper delegation of disciplinary authority, remanding the matter for fresh enquiry.

labor appeal_allowed Significant departmental enquiry natural justice disciplinary proceedings right of appeal

Prof. N.K. Ganguly v. CBI New Delhi

19 Nov 2015 · V. Gopala Gowda; Amitava Roy
Cites 3 · Cited by 0

The Supreme Court held that prior sanction under Section 197 CrPC is mandatory before prosecuting public servants for offences committed in discharge of official duty, quashing proceedings initiated without such sanction in a case of alleged illegal land transfer.

criminal appeal_allowed Significant Section 197 CrPC prior sanction criminal conspiracy public servant

STATE BANK OF PATIALA v. COMMISSIONER OF INCOME TAX

18 Nov 2015 · R.F. Nariman; A.K. Sikri
Cites 3 · Cited by 0

The Supreme Court held that compensation received by banks on delayed payment of discounted bills of exchange is not taxable as interest under the Interest Tax Act, 1974.

tax appeal_allowed Significant Interest Tax Act, 1974 Section 2(7) Negotiable Instruments Act, 1881 Section 32