Supreme Court of India Judgements

46448 Judgements hosted as on 05/05/2024 - Search (FREE), Subscribe, Read & Download

Month: January 2022

I B C

Insolvency and Bankruptcy Code, 2016 – Sections 30(2) and 61(3) – Dominant purpose of the IBC is revival of the Corporate Debtor and making it an on­going concern – ‘commercial wisdom’ of the CoC has been given paramount status without any judicial intervention, for ensuring completion of the processes within the timelines prescribed by the IBC –

Jan 2, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NGAITLANG DHAR — Appellant Vs. PANNA PRAGATI INFRASTRUCTURE PRIVATE LIMITED AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…

Service Matters
Service

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 – Section 47 – Initiation of disciplinary proceedings against persons with mental disabilities is a facet of indirect discrimination: – A person with a disability is entitled to protection under the RPwD Act as long as the disability was one of the factors for the discriminatory act

Jan 2, 2022 sclaw

SUPREME COURT OF INDIA FULL BENC RAVINDER KUMAR DHARIWAL AND ANOTHER — Appellant Vs. THE UNION OF INDIA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Surya…

Service Matters
Service

Territorial Army Act, 1948 – Section 9 – Pension Regulations for the Army, 1961 – Regulations 292 and 173 – A member of the Territorial Army would be entitled to disability pension – A Right to Equality guaranteed under Article 14 of the Constitution of India would also apply to a man who has no choice or rather no meaningful choice,

Jan 2, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PANI RAM — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ. ) Civil…

Service Matters
Service

Daily rated employees are not entitled to the Higher pay scale of Rs.950-1500 with all consequential benefits upon completion of 10 years of service and revised their pay scale as per 5th, 6th and 7th Pay Commission scales on such basis – As per the settled proposition of law the economic viability or the financial capacity of the employer is an important factor while fixing the wage structure,

Jan 2, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJESH PRAVINCHANDRA RAJYAGURU AND OTHERS — Appellant Vs. GUJARAT WATER SUPPLY & SEWERAGE BOARD AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y.…

Bail Declined

Murder – Cancellation of Bail – While considering an application for bail Courts cannot lose sight of the serious nature of the accusations against an accused and the facts that have a bearing in the case, particularly, when the accusations may not be false, frivolous or vexatious in nature but are supported by adequate material brought on record so as to enable a Court to arrive at a prima facie conclusion

Jan 2, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH BRIJMANI DEVI — Appellant Vs. PAPPU KUMAR AND ANOTHER — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ. )…

Consumer

Consumer Protection Act, 2019 – Section 35(1)(c) – Joint complaint – Where a residential apartment is purchased by the husband and wife jointly or by a parent and child jointly. If they have a grievance against the builder, both of them are entitled to file a complaint jointly. Such a complaint will not fall under Section 35(1)(c) but fall under Section 35(1)(a). Persons filing such a complaint cannot be excluded from Section 2(5)(i) on the ground that it is not by a single consumer.

Jan 2, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BRIGADE ENTERPRISES LIMITED — Appellant Vs. ANIL KUMAR VIRMANI AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil…

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I P C

Penal Code, 1860 (IPC) – Sections 120-B read with Section 420 – Cheating – The case involves fraudulent transactions by accused in connivance with Indian Bank officials resulting in interest-free advances to the petitioners – The main issue is whether the petitioners were involved in cheating the bank and if they availed any undue benefit from the fraudulent transactions – The petitioners argued that they were not involved in the cheating, had not availed any undue benefit, and that the transactions were normal business dealings – The court dismissed the Special Leave Petitions, upholding the Trial Court’s conviction of the petitioners for cheating the bank through unauthorized transactions.

May 5, 2024 sclaw
Limitation

Limitation Act, 1963 – Section 5 – Condonation of Delay – Delay of 1663 days – The State of U.P. filed a SLP against an order dated 13.11.2009 by the Allahabad High Court, with a delay of 1,633 days – The main issue was the condonation of the significant delay in filing the SLP – The State argued that the delay was due to the time taken for obtaining legal opinion and permissions, and later, the realization that the appeal was not filed initially – The application for condonation of delay was dismissed, and consequently, the SLP was also dismissed – The court found the explanation for the delay unsatisfactory, especially since the State was aware of the High Court’s order when it was passed – The court did not find sufficient cause to condone the delay, leading to the dismissal of the SLP.

May 5, 2024 sclaw
Property Matters

Partition Suit – The dispute involves partition of properties left by Late ‘R’ with the main contention over roof rights of a property in Kota and another in Jaipur – The primary issue is the valuation of roof rights for further construction and the equal distribution of property among co-sharers – The appellants argue that the valuation report failed to assess the value of roof rights, which would affect the overall property valuation and entitlement of co-sharers – The respondents maintain that the property valuation and shares were appropriately determined by the approved Valuer and upheld by both the Trial Court and High Court – The Supreme Court dismissed the appeal, finding no merit in revaluating the property or altering the determined shares of the parties – The Court emphasized the importance of family ties over property disputes and suggested alternative dispute resolution methods for amicable settlements – The Court referenced the case of Afcons Infrastructure Limited vs. Cherian Varkey Construction Company Private Limited, advocating for ADR in family-related property disputes – The Supreme Court concluded that revisiting the valuation and partition would only prolong litigation and upheld the decisions of the lower courts.

May 5, 2024 sclaw
Constitution Municipal Laws

West Bengal Municipal(Building) Rules, 2007 – Rule 50 – Open spaces for building in areas other than municipalities in hill areas – The appellants challenge the High Court of Calcutta’s order regarding a contempt petition related to their residential property construction and its compliance with Rule 50 of Rules, 2007 – The appellants argue that the writ petition was a private matter and should not have been entertained by the High Court – They also claim that municipal authorities are unfairly pressuring them due to the contempt proceedings – The respondent claims that the appellants violated the sanctioned building plan, justifying the High Court’s direction for an enquiry – The Supreme Court allowed the appellants to challenge the enquiry report and show cause notice, ensuring their objections would be considered objectively without prejudice from the contempt or writ proceedings – The court expressed reservations about the High Court’s exercise of writ jurisdiction in a private dispute and suggested the civil court as the appropriate forum for grievances – The appeal was disposed of with the appellants given the liberty to challenge the enquiry report and show cause notice, without cost order.

May 5, 2024 sclaw