Supreme Court of India

16,793 judgments

Year:

S.M. ASIF v. VIRENDER KUMAR BAJAJ

12 Aug 2015 · T.S. Thakur; V. Gopala Gowda; R. Banumathi
Cites 0 · Cited by 2

The Supreme Court held that eviction cannot be decreed under Order XII Rule 6 CPC without trial where substantial disputed issues exist, and remanded the matter for fresh adjudication.

civil appeal_allowed Significant Order XII Rule 6 CPC eviction suit agreement of sale discretionary power

Chief Controlling Revenue Authority v. Costal Gujarat Power Ltd.

11 Aug 2015 · M. Y. Eqbal; Arun Mishra

The Supreme Court held that a mortgage deed executed in favor of a security trustee securing multiple distinct loans attracts aggregate stamp duty under Section 5 of the Gujarat Stamp Act, 1958.

tax appeal_allowed Significant Gujarat Stamp Act, 1958 Section 5 stamp duty distinct matters

M.C.D. v. M/S. MEHRASONS JEWELLERS (P) LTD

11 Aug 2015 · A.K. Sikri; R.F. Nariman
Cites 2 · Cited by 0

The Supreme Court held that post-1994 property tax assessments in Delhi must follow the 1994 bye-laws, and under the 2003 amendments, assessees with pending appeals or unfinalized assessments can opt for reassessment based on the new annual value method.

tax appeal_allowed Significant rateable value property tax Delhi Municipal Corporation Act 1994 bye-laws

M/S FIBRE BOARDS (P) LTD. BANGALORE v. COMMISSIONER OF INCOME TAX, BANGALORE

11 Aug 2015 · R.F. Nariman; A.K. Sikri

The Supreme Court held that advances paid towards purchase of assets within the prescribed period constitute utilization of capital gains under Section 54G, and the notification declaring Thane as an urban area continues to apply by virtue of Section 24 of the General Clauses Act, allowing exemption on capital gains.

tax appeal_allowed Significant Section 54G Income Tax Act capital gains exemption urban area notification General Clauses Act Section 24

Rajiv Gosain v. Assam Power & Electricals Ltd

11 Aug 2015 · M. Y. Eqbal; Arun Mishra

The Supreme Court set aside an auction sale of company assets due to procedural irregularities, mala fide valuation, and unauthorized representation, directing a fresh auction with proper valuation and reserve price.

civil appeal_allowed Significant winding-up petition auction sale Official Liquidator valuation report

ASHISH GOPALDAS ALIAS GOPIKISAN LOHIYA v. STATE OF MAHARASHTRA

10 Aug 2015 · Anil R. Dave; Kurian Joseph

The Supreme Court granted anticipatory bail to the appellant in a criminal case, emphasizing his absence from the incident location and requiring cooperation with the investigation.

criminal appeal_allowed anticipatory bail FIR No. 66/2015 cooperation with investigation presence at scene

Fairgrowth Financial Services Ltd. v. Custodian & Anr.

10 Aug 2015 · Vikramajit Sen; Shiva Kirti Singh

The Supreme Court upheld the Special Court's order disposing of attached tenancy rights at the highest offer to satisfy liabilities under the Special Courts Act, dismissing the appellant's challenge and modifying the deposit terms in the interest of justice.

civil appeal_dismissed Significant Special Courts Act 1992 tenancy rights attachment disposal of property

A.N. Sachdeva by LRs. & Ors. v. Maharshi Dayanand University, Rohtak & Anr.

10 Aug 2015 · Arun Mishra; M.Y. Eqbal

The Supreme Court held that prior continuous service in predecessor universities must be counted as qualifying service for pension under an upwardly revised pension scheme, disallowing arbitrary discrimination against pre-2002 retirees.

civil appeal_allowed Significant pension scheme qualifying service Article 14 upward revision

Ram Narain v. State of U.P.

07 Aug 2015 · Pinaki Chandra Ghose; R.K. Agrawal

The Supreme Court allowed the appeal of a convicted life prisoner after declaring him a juvenile at the time of offence, directing his immediate release under the Juvenile Justice (Care and Protection of Children) Act, 2000.

criminal appeal_allowed Significant juvenile justice juvenility plea Section 302 IPC life imprisonment

State of U.P. v. Deep Narain Misra & Ors.

07 Aug 2015 · Anil R. Dave; Kurian Joseph
Cites 0 · Cited by 1

The Supreme Court allowed the State's appeal modifying the appointment directions to permit appointments subject to police verification without prior completion and granted fresh appointment to Respondent No.1 without backwages or seniority.

administrative appeal_allowed appointment police verification State of Uttar Pradesh backwages

Laxmi Fibres Ltd. v. A.P. Industrial Dev. Corpn. Ltd.

07 Aug 2015 · VikramaJit Sen; Shiva Kirti Singh

The Supreme Court held that the Official Liquidator lacks jurisdiction to adjudicate claims of secured creditors under the SFC Act who stand outside liquidation, limiting the Official Liquidator's role to protecting workmen's dues.

civil appeal_dismissed Significant Official Liquidator State Financial Corporation secured creditor liquidation proceedings

TAMIL NADU NEWS PRINT & PAPERS LTD v. D. KARUNAKAR & ORS

06 Aug 2015 · ANIL R. DAVE; AMITAVA ROY

The Supreme Court held that directors in charge of a company's business can be held liable under Section 141(1) of the Negotiable Instruments Act for cheque dishonour offences and set aside the High Court's partial quashing of proceedings against them.

criminal appeal_allowed Significant Negotiable Instruments Act Section 138 Section 141(1) quashing of complaint

Mohd. Khalid Khan v. State of U.P. & Anr.

06 Aug 2015 · Anil R. Dave; Amitava Roy
Cites 0 · Cited by 1

The Supreme Court allowed the appeals and quashed the criminal proceedings against the appellants arising from a land ownership dispute pending in civil courts, holding that no prima facie case existed to continue the criminal case.

criminal appeal_allowed Significant Section 482 Cr.P.C. quashing of criminal proceedings civil dispute ownership of land

M/s. Tata Chemicals Ltd. v. Collector of Central Excise, Ahmedabad

06 Aug 2015 · Dipak Misra; V. Gopala Gowda
Cites 1 · Cited by 0

The Supreme Court held that exclusion of packing cost from excise duty assessable value requires a binding arrangement obliging return of durable packing material, which was not established by Tata Chemicals Ltd. for gunny bags used in soda ash packing.

tax appeal_dismissed Significant Central Excise Act 1944 Section 4(4)(d)(i) assessable value durable packing

M/S JAYASWAL NECO LTD v. COMMISSIONER OF CENTRAL EXCISE

06 Aug 2015 · A.K. Sikri; N.V. Ramana

The Supreme Court held that utilization of Cenvat Credit is a valid mode of payment of excise duty even during suspension of installment payment facility under Rule 173G(1)(e), and interest on such payment is not payable.

tax appeal_allowed Significant excise duty Cenvat Credit Rule 173G payment in installments

Baleshwar Dayal Jaiswal v. Bank of India

05 Aug 2015 · Jagdish Singh Khehar; Adarsh Kumar Goel

The Supreme Court held that the Appellate Tribunal under the SARFAESI Act has the power to condone delay in filing appeals by incorporating the proviso to Section 20(3) of the RDB Act, overruling contrary High Court decisions.

civil appeal_allowed Significant SARFAESI Act Appellate Tribunal condonation of delay Section 18(1)

Indian Rare Earths Ltd. v. Unique Builders Ltd.

05 Aug 2015 · M. Y. Eqbal; Arun Mishra

The Supreme Court upheld a non-speaking arbitral Award, ruling that absence of reasons alone is insufficient to set aside an Award under section 30 of the Arbitration Act, 1940.

civil appeal_dismissed Significant Arbitration Act, 1940 non-speaking Award section 30 Arbitration Act jurisdiction of Arbitrator

Snehasish Mukherjee v. Union of India

05 Aug 2015 · Anil R. Dave; Adarsh Kumar Goel

The Supreme Court directed the Ministry of Home Affairs to consider and respond to the petitioner’s pending representations and disposed of the writ petition accordingly.

administrative petition_dismissed writ petition Ministry of Home Affairs representations administrative accountability

M/S. SWASTIKA ENTERPRISES & ANR v. COMMISSIONER OF CUSTOMS & ORS

04 Aug 2015 · A.K. Sikri; Rohinton Fali Nariman
Cites 1 · Cited by 0

The Supreme Court held that an endorsement on the Bill of Entry demanding customs duty constitutes a valid notice of demand under the Kar Vivad Samadhan Scheme, entitling the appellants to its benefits.

tax appeal_allowed Significant Kar Vivad Samadhan Scheme Finance (No. 2) Act, 1998 Customs Act, 1962 show-cause notice

M/S. JASWAL NECO LTD. v. COMMISSIONER OF CUSTOMS, VISAKHAPATNAM

04 Aug 2015 · A. K. Sikri; R. F. Nariman

The Supreme Court held that anti-dumping duty exemption applies prospectively, interest on customs duties requires express bond or statutory provision, and penalty for export obligation failure is unjustified absent contumacious conduct.

tax appeal_allowed Significant anti-dumping duty customs duty interest on customs duty export obligation