Supreme Court of India

18,256 judgments

Year:

The Official Liquidator, U.P. and Uttarakhand v. Allahabad Bank

12 Mar 2013 · H. L. Dattu; Dipak Misra

The Supreme Court held that the Debt Recovery Tribunal has exclusive jurisdiction over auctions and sales under the RDB Act, and the Official Liquidator must challenge such sales only through appeals before the DRT, not by approaching the Company Court.

civil appeal_dismissed Significant Recovery of Debts Due to Banks and Financial Institutions Act, 1993 Companies Act, 1956 Official Liquidator Debt Recovery Tribunal

Garre Mallikharjuna Rao v. Nalabothu Punniah

12 Mar 2013 · Dr. B. S. Chauhan; Fakkir Mohamed Ibrahim Kalifulla

The Supreme Court restored the trial court's dismissal of a suit for specific performance, holding that the High Court erred in relying on unreliable handwriting expert evidence and inconsistent pleadings to grant the decree.

civil appeal_allowed Significant specific performance agreement to sell handwriting expert evidence Section 20 Specific Relief Act

Joseph John Peter Sandy v. Veronica Thomas Rajkumar

12 Mar 2013 · Dr. B. S. Chauhan; Fakkir Mohamed Ibrahim Kalifulla

The Supreme Court upheld the High Court's decision dismissing the appellant's suit for rectification of property settlement deeds, holding that the unregistered agreement was not proved and was obtained by undue influence.

civil appeal_dismissed Significant Specific Relief Act Section 26 undue influence Section 16 Contract Act

Budh Singh v. State of Haryana

11 Mar 2013 · P. Sathasivam; Ranjan Gogoi

The Supreme Court upheld the constitutional validity of Section 32A of the NDPS Act, ruling that denial of remission benefits does not violate Article 20(1) or other fundamental rights as remission does not reduce the sentence imposed by the court.

criminal petition_dismissed Significant Section 32A NDPS Act remission of sentence Article 20(1) Constitution ex post facto penalty

Debabrata Dash v. Jatindra Prasad Das

11 Mar 2013 · R. M. Lodha; J. Chelameswar; Madan B. Lokur

The Supreme Court held that ad hoc service under the Fast Track Courts scheme does not count for seniority in the Senior Branch cadre unless regularized by substantive appointment under the Orissa Superior Judicial Service Rules, 1963.

service_law appeal_allowed Significant seniority ad hoc appointment Fast Track Courts Orissa Superior Judicial Service Rules, 1963

State of Rajasthan & Ors. v. Hindustan Zinc Ltd. & Anr.

11 Mar 2013 · R. M. Lodha; Anil R. Dave

The Supreme Court upheld that royalty under the Mines and Minerals Act is payable only on metal content in ore actually removed from leased land, excluding tailings or rejects dumped within the leased area.

civil appeal_dismissed Significant royalty mines and minerals mineral concession rules tailings

Aresh @ Ashok J. Mehta v. Spl. Tahsildar, Balgaum Karnataka & Anr.

11 Mar 2013 · G. S. Singhvi; Sudhansu Jyoti Mukhopadhaya
Cites 1 · Cited by 0

The Supreme Court held that landowners are entitled to interest on delayed compensation from the date of vesting under the Karnataka Land Reforms Act, including on amounts paid in cash, overruling the restrictive government circular.

property appeal_allowed Significant Karnataka Land Reforms Act, 1961 compensation interest on delayed payment vesting of land

Gambhirsinh R. Dekare v. Falgunbhai Chimanbhai Patel

11 Mar 2013 · Chandramauli Kr. Prasad; V. Gopala Gowda

The Supreme Court held that the Editor named in a newspaper is prima facie responsible for defamatory content published therein and set aside the High Court's quashing of the complaint against him, directing the trial to proceed.

criminal appeal_allowed Significant defamation editorial liability Press and Registration of Books Act, 1867 Section 7 presumption

Modinsab Kasimsab Kanchagar v. State of Karnataka

11 Mar 2013 · A. K. Patnaik; Sudhansu Jyoti Mukhopadhaya

The Supreme Court set aside the conviction under Section 304B IPC for dowry death as the demand was for a society loan, but upheld conviction under Section 498A IPC for harassment related to unlawful demand.

criminal appeal_allowed Significant dowry Section 304B IPC Section 498A IPC Dowry Prohibition Act

Goudappa & Ors. v. State of Karnataka

11 Mar 2013 · A. K. Patnaik; Chandramauli Kr. Prasad

The Supreme Court upheld life convictions under Section 302/34 IPC, affirming that joint liability arises from common intention inferred from conduct and circumstances.

criminal appeal_dismissed Significant common intention Section 302 IPC Section 34 IPC joint liability

State of U.P. v. Hari Ram

11 Mar 2013 · K.S. Radhakrishnan; Dipak Misra

The Supreme Court held that deemed vesting under Section 10(3) of the Urban Land Ceiling Act does not amount to physical possession, and possession must be taken following Sections 10(5) and 10(6), entitling landholders to protection under the Repeal Act if possession was not lawfully taken before repeal.

property appeal_dismissed Significant Urban Land Ceiling Act Section 10(3) deemed vesting de jure possession

G.M. Siddeshwar v. Prasanna Kumar

08 Mar 2013 · R.M. Lodha; J. Chelameswar; Madan B. Lokur

The Supreme Court held that an election petitioner is not required to file an additional affidavit under Order VI Rule 15(4) CPC beyond the affidavit mandated by Section 83(1) of the Representation of the People Act, 1951, and defects in affidavits are curable without summary dismissal of the petition.

constitutional appeal_dismissed Significant election petition affidavit Order VI Rule 15(4) CPC Section 83 Representation of the People Act

Uma Kant Panwar v. Devi Lal Sah

08 Mar 2013 · H. L. Dattu; Ranjan Gogoi

The Supreme Court expunged adverse remarks made by the High Court against the appellant after the respondent-State settled the claim, partly allowing the appeal.

civil appeal_allowed adverse remarks strictures expunged settlement

Indian Soaps & Toiletries Makers Association v. Ozair Husain

07 Mar 2013 · G. S. Singhvi; Sudhansu Jyoti Mukhopadhaya
Cites 1 · Cited by 0

The Supreme Court held that the High Court cannot direct mandatory vegetarian/non-vegetarian labeling on drugs and cosmetics, as such regulatory powers lie exclusively with the Central Government under delegated legislation.

constitutional appeal_allowed Significant consumer right to information vegetarian labeling non-vegetarian labeling Drugs and Cosmetics Act, 1940

NTPC LTD. v. BHASIN CONSTRUCTION P. LTD.

07 Mar 2013 · H. L. Dattu; Dipak Misra

The Supreme Court held that escalation payments for increased minimum wages under a construction contract must be calculated from the 'fair wages' declared in the tender, not the statutory minimum wages, and directed payment accordingly.

civil appeal_allowed Significant escalation clause minimum wages fair wages construction contract

Pournima Suryakant Pawar v. State of Maharashtra

07 Mar 2013 · Surinder Singh Nijjar; M.Y. Eqbal

The Supreme Court upheld the rejection of Scheduled Tribe certificate claims by two petitioners, affirming limited judicial interference in factual findings of the Scrutiny Committee supported by evidence.

administrative appeal_dismissed Significant Scheduled Tribe certificate Scrutiny Committee Judicial review Factual findings

Joydeb Patra & Ors. v. State of West Bengal

06 Mar 2013 · A.K. Patnaik; Sudhansu Jyoti Mukhopadhaya

The Supreme Court overturned murder convictions due to lack of conclusive forensic evidence of poisoning and reaffirmed that the prosecution must prove guilt beyond reasonable doubt before burden shifts to the accused.

criminal appeal_allowed Significant poisoning burden of proof Section 302 IPC Section 106 Evidence Act

Rajamani v. State of Kerala

06 Mar 2013 · T.S. Thakur; Sudhansu Jyoti Mukhopadhaya

The Supreme Court upheld the conviction under Section 55(a) of the Kerala Abkari Act but reduced the sentence considering the appellant's limited role as a driver without ownership or financial interest in the contraband.

criminal sentence_modified Significant Kerala Abkari Act Section 55(a) illegal transport of liquor quantum of sentence

State of U.P. v. Mahesh Narain

06 Mar 2013 · T.S. Thakur; Gyan Sudha Misra

The Supreme Court held that promotion eligibility under service rules must be determined from the date of Gazette publication, and subsequent amendments cannot retrospectively prejudice accrued employee rights.

administrative appeal_dismissed Significant promotion eligibility service rules Gazette publication U.P. Forensic Science Laboratories Technical Officers Service Rules

State of Orissa v. M/s Mesco Steels Ltd.

06 Mar 2013 · T.S. Thakur

The Supreme Court held that a writ petition against a provisional government communication is premature and directed the parties to follow due administrative process before challenging final orders.

administrative appeal_allowed Significant mining lease prematurity of writ petition inter-departmental communication show cause notice