Supreme Court of India

8,182 judgments

Year:

Lilpa Naik v. Varun Srilanvasan

· 2023 INSC 468

The Supreme Court held that while the six-month waiting period for divorce by mutual consent under Section 13-B(2) of the Hindu Marriage Act is generally mandatory, it may be waived in exceptional cases under Article 142 to grant complete justice.

family appeal_allowed Significant Article 142 Constitution of India Section 13-B Hindu Marriage Act Divorce by mutual consent Six-month waiting period

Hem Raj v. The New India Assurance Co. Ltd.

· B. V. Nagarathna; Ujjal Bhuyan · 2023 INSC 644
Cites 0 · Cited by 4

The Supreme Court held that an insurer must indemnify the insured for undisputed medical expenses incurred for third-party treatment under a valid vehicle insurance policy and allowed the appeal directing payment with interest.

civil appeal_allowed Significant insurance indemnification medical expenses consumer protection third-party insurance claim

Yogendra Prasad Singh v. Ram Bachan Devi

· Abhay S. Oka; Rajesh Bindal · 2023 INSC 658

The Supreme Court held that a registered Sale Deed with recitals of transfer of title and possession operates as an absolute sale unless the local practice of ta khubzul badlain applies, invalidating the unilateral cancellation and upholding the plaintiff's ownership.

civil appeal_allowed Significant Sale Deed Transfer of Property Act, 1882 ta khubzul badlain title transfer

Bheem Rao Baswant Rao Patil v. K. Madan Mohan Rao & Ors.

· S. Ravindra Bhat; Arvind Kumar

The Supreme Court upheld the necessity of full disclosure of criminal antecedents by election candidates under Section 33A of the Representation of the People Act and ruled that election petitions disclosing valid causes cannot be dismissed at the threshold under Order VII Rule 11 CPC.

constitutional appeal_dismissed Significant Representation of the People Act, 1951 Section 33A disclosure Election petition Order VII Rule 11 CPC

Madan Prasad v. Union of India & Ors.

· Vihma Kohli; Ramesh Vimbdal

The court upheld the dismissal of a soldier for unauthorized absence beyond sanctioned leave, affirming the Summary Court Martial's authority and the proportionality of the punishment under the Army Act, 1950.

military_law appeal_dismissed Significant Army Act 1950 Section 39(b) unauthorized absence Summary Court Martial

Uttar Pradesh State v. Sonu Kushwaha

· Abhay S. Oka; Rajesh Bindal

The Supreme Court upheld the mandatory minimum 10-year sentence under Section 6 of the POCSO Act for aggravated penetrative sexual assault on a child below 12 years, reversing the High Court's reduction of conviction.

criminal appeal_allowed Significant POCSO Act 2012 Section 6 POCSO Aggravated penetrative sexual assault Minimum sentence

District Hanumangarh, Rajasthan v. Manveer Singh and Others

· Sanjiv Khanna; S.V.N. Bhatti

The Supreme Court held that unauthorized construction of a new Panchayat building on a school playground without sanction is illegal, directed disciplinary action against officials, and ordered remedial measures preserving the playground's use.

administrative appeal_allowed Significant Gram Panchayat illegal construction playground public amenities

Asma Shaw v. The Islamia College of Science & Commerce Srinagar Kashmir & Ors.

· Abhay S. Oka; Prashant Kumar Mishra · 2023 INSC 690

The Supreme Court held that an employee appointed on a substantive tenure basis is entitled to pay protection under Article 77-D of Jammu & Kashmir Civil Service Regulations when appointed to another government service, setting aside the High Court Division Bench's contrary decision.

civil appeal_allowed Significant pay protection Article 77-D Jammu & Kashmir Civil Service Regulations tenure post

Sunil Kumar v. State of U.P. & Anr.

· Sanjiv Khanna; Bela M. Trivedi · 2023 INSC 668

The Supreme Court quashed criminal proceedings against the appellant arising from a trivial workplace altercation, holding that continuing such proceedings would amount to harassment and abuse of process.

criminal appeal_allowed Significant quashing of chargesheet trivial offence harassment abuse of process

Paul Rubber Industries Private Limited v. Amit Chand Mitra & Anr.

· Aniruddha Bose; Vikram Nath

The Supreme Court held that an unregistered lease deed for a term exceeding one year is inadmissible as evidence to determine lease duration and purpose, affirming that the tenancy was month-to-month requiring fifteen days' notice, and dismissed the appeal.

civil appeal_dismissed Significant unregistered lease deed Transfer of Property Act, 1882 Registration Act, 1908 lease for manufacturing purposes

Sweety Kumari v. State of Bihar and Others

· J. K. Maheshwari; K. V. Viswanathan

The Supreme Court held that non-production of original certificates at interview is not a mandatory ground for disqualification if true photocopies are submitted and directed the State to accommodate meritorious candidates by adjusting vacancies.

administrative appeal_allowed Significant Bihar Judicial Service Examination character certificate production of original documents eligibility vs proof

Kerala State Co-operative Agricultural and Rural Development Bank Ltd. v. The Assessing Officer, Trivandrum

· B. V. Nagarathna; Ujjal Bhuyan
Cites 0 · Cited by 1

The Supreme Court held that a State Co-operative Agricultural and Rural Development Bank not carrying on banking business as defined under the Banking Regulation Act is not a "co-operative bank" under Section 80P(4) of the Income Tax Act and is entitled to claim deduction under Section 80P(2)(a)(i).

tax appeal_allowed Significant Section 80P Income Tax Act co-operative bank definition Banking Regulation Act 1949 NABARD Act 1981

Union of India v. Uzair Imran & Ors.

· Bela M. Trivedi; Dipankar Datta · 2023 INSC 901

The Supreme Court held that exclusion of a candidate from appointment based on an executive order inconsistent with statutory recruitment rules is arbitrary and directed appointment with conditions, emphasizing fairness and non-arbitrariness in public employment selection.

administrative appeal_allowed Significant recruitment rules vocational stream administrative tribunals Article 14

Dr. Nirmal Singh Panesar v. Mrs. Paramjit Kaur Panesar

· Aniruddha Bose; Bela M. Trivedi · 2023 SCC Online SC 544

The Supreme Court dismissed the appeal, holding that irretrievable breakdown of marriage is not an automatic ground for divorce under Article 142 and that the appellant failed to prove cruelty or desertion under the Hindu Marriage Act.

family appeal_dismissed Significant Hindu Marriage Act 1955 Section 13(1)(ia) Section 13(1)(ib) Article 142 Constitution of India

C.I.T., DELHI v. BHARTI HEXACOM LTD

· B. V. Nagarathna; Ujjal Bhuyan · 2023 INSC 917

The Supreme Court held that the variable licence fee under the New Telecom Policy, 1999 is revenue expenditure deductible under Section 37 of the Income Tax Act, while the one-time licence fee paid up to 31 July 1999 is capital expenditure amortisable under Section 35ABB.

tax appeal_dismissed Significant variable licence fee New Telecom Policy 1999 capital expenditure revenue expenditure

UNIBROS v. ALL INDIA RADIO

· S. Ravindra Bhat; Dipankar Datta · 2023 INSC 931
Cites 0 · Cited by 2

The Supreme Court upheld the High Court’s setting aside of an arbitral award for loss of profit due to lack of credible evidence, affirming that such awards must comply with the public policy of India under Section 34 of the Arbitration Act.

civil appeal_dismissed Significant loss of profit Hudson’s formula arbitral award Section 34 Arbitration Act

Commissioner, Customs Central Excise and Service Tax, Patna v. M/s Shapoorji Pallonji and Company Pvt. Ltd.

· S. Ravindra Bhat; Dipankar Datta

The Supreme Court upheld that IIT Patna and NIT Rourkela qualify as governmental authorities exempt from service tax on construction services, dismissing Revenue's appeals and affirming refund claims by the contractor.

tax appeal_dismissed Significant governmental authority service tax exemption Mega Service Tax Exemption Notification construction services

M/S. IFCI LIMITED v. SUTANU SINHA

· Sanjay Kishan Kaul; Sudhanshu Dhulia; Ahsanuddin Amanullah · 2023 INSC 1023

The Supreme Court held that compulsorily convertible debentures are equity instruments and not debt under the Insolvency and Bankruptcy Code, dismissing the appellant's claim as a financial creditor.

corporate appeal_dismissed Significant Compulsorily Convertible Debentures Equity vs Debt Insolvency and Bankruptcy Code 2016 Financial Creditor

P. Kishore Kumar v. Vittal K. Patkar

· Bela M. Trivedi; Dipankar Datta · 2023 INSC 1009
Cites 0 · Cited by 1

The Supreme Court held that occupancy rights under the Mysore Inam Abolition Act cannot be established by revenue records contrary to the Commissioner’s order, and dismissed the plaintiff’s suit for title, restoring the first appellate court’s decree.

civil appeal_allowed Significant Mysore Inam Abolition Act 1954 occupancy rights revenue records mutation entries

Priya Indoria v. State of Karnataka and Ors.

· B. V. Nagarathna; Ujjal Bhuyan · 2023 INSC 1008
Cites 0 · Cited by 1

The Supreme Court held that anticipatory bail under Section 438 CrPC can only be granted by courts having territorial jurisdiction over the FIR, allowing the appeal and setting aside the bail granted by a court outside such jurisdiction while recognizing limited transit anticipatory bail as interim relief.

criminal appeal_allowed Significant anticipatory bail Section 438 CrPC territorial jurisdiction transit anticipatory bail