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Asset Reconstruction Company (India) Limited v. Tulip Star Hotels Limited & Ors
The Supreme Court held that financial statements can constitute acknowledgment of debt extending limitation, allowing the financial creditor's insolvency application under Section 7 of the IBC against the corporate debtor.
Sunita Palita & Others v. M/s Panchami Stone Quarry
The Supreme Court held that independent non-executive Directors not responsible for day-to-day management cannot be held liable under Section 141 of the NI Act and quashed proceedings against them for cheque dishonour.
Sunita Palita & Others v. M/s Panchami Stone Quarry
The Supreme Court held that independent non-executive Directors not responsible for day-to-day management cannot be held liable under Section 141 NI Act and quashed proceedings against them under Section 482 Cr.P.C.
EIH LIMITED v. NADIA A VIRJI
The Supreme Court held that municipal taxes payable by a tenant are recoverable as arrears of rent but do not form part of the rent for applicability of the West Bengal Premises Tenancy Act, 1997, thereby dismissing the landlord's appeal and upholding the tenancy protection under the Act.
Raghavan Sasikumar v. Parameswaran Nadar
The Supreme Court restored the Trial Court's dismissal of a boundary suit, holding plaintiffs cannot claim or protect possession beyond the land extent judicially declared in earlier litigation.
Raghavan Sasikumar v. Parameswaran Nadar
The Supreme Court held that plaintiffs can put up boundary walls only within the extent of land over which title was judicially declared, restoring lower courts' dismissal of the suit and setting aside the High Court's contrary decree.
Ajay Kumar Pandey v. State of Uttar Pradesh
The Supreme Court upheld the validity of the Government Order reserving posts for disabled candidates in Uttar Pradesh, rejecting the High Court's order that had expanded reservation beyond identified categories and posts.
Ajay Kumar Pandey v. State of Uttar Pradesh
The Supreme Court upheld the validity of the Government Order on reservation for persons with disabilities, clarifying that identification of posts for reservation is a continuing State responsibility and reservation applies collectively across disability categories at the establishment level.
AJAY KUMAR PANDEY v. STATE OF U.P.
The Supreme Court upheld the validity of the Government Order identifying posts for reservation for persons with disabilities and held that reservation applies only to identified posts suitable for specific disabilities, dismissing the claim of locomotor disabled appellants for appointment against posts not so identified.
National Company Law Tribunal Bar Association v. Union of India
The Supreme Court held that appointments to the NCLT must comply with the statutory five-year tenure, but declined to extend the tenure of Members appointed for three years who had accepted such terms, allowing ongoing selection processes to continue.
National Company Law Tribunal Bar Association v. Union of India
The Supreme Court held that appointments of NCLT Members must comply with the statutory five-year tenure, but declined to extend the tenure of Members appointed for three years when they themselves did not challenge it and an ongoing selection process was underway.
M/s. Lashkaria Housing & Infrastructure Pvt. Ltd. v. Slum Rehabilitation Authority
The Bombay High Court upheld the termination of a developer's appointment under Section 13(2) of the Maharashtra Slum Act for deliberate delay in implementing a slum rehabilitation scheme, rejecting the petitioner's locus and substantive challenges.
Aarti Fabricott Private Limited v. Income Tax Officer, Ward 1(1), Delhi & Anr.
The Delhi High Court quashed reassessment proceedings initiated on a mere change of opinion without fresh tangible material, holding audit objections alone insufficient to reopen assessment under the Income Tax Act.
Pr. Commissioner of Income Tax-28 v. Crescent Construction Co.
The Bombay High Court dismissed the revenue's appeal holding that the retrospective amendment to section 40(a)(ia) of the Income Tax Act, 1961 protects the assessee from disallowance if TDS is deposited before the return filing due date.
Manohar Sahadev Parab v. The State of Maharashtra
The Bombay High Court upheld the conviction of a Talathi for demanding and accepting bribe, relying on credible independent panch witness testimony and recovery of marked currency notes despite the complainant's death before trial.
Dakshaben v. State of Gujarat and Others
The Supreme Court held that FIRs under Section 306 IPC cannot be quashed merely on the basis of a settlement between parties and emphasized cautious exercise of inherent powers under Section 482 CrPC in serious offences affecting public interest.
Daxaben v. State of Gujarat
The Supreme Court held that an FIR under Section 306 IPC for abetment of suicide cannot be quashed on the basis of a settlement between parties, emphasizing the limited scope of inherent powers under Section 482 CrPC in serious non-compoundable offences.
M/S BHAGWANDAS B. RAMCHANDANI v. BRITISH AIRWAYS
The Supreme Court held that the two-year limitation period under Rule 30 of the Carriage by Air Act, 1972 extinguishes the right to damages, excluding the applicability of the Limitation Act, 1963, and dismissed the suit as barred by limitation.
National Petroleum Construction Company v. Deputy Commissioner of Income Tax, Circle 2(2), International Taxation, New Delhi & Anr.
The Supreme Court upheld the refusal to grant Nil TDS certificate under Section 197 of the Income Tax Act, holding that the question of Permanent Establishment is a factual issue for assessment proceedings and that the appellant is estopped from challenging a certificate issued at its own request.
NATIONAL PETROLEUM CONSTRUCTION COMPANY v. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(2), INTERNATIONAL TAXATION, NEW DELHI & ANR.
The Supreme Court upheld the Income Tax Department's refusal to grant Nil TDS certificate for overseas activities under Section 197, holding that PE determination is a factual issue for assessment proceedings and the appellant is estopped from challenging the certificate issued at its own request.