March 2023 - Page 9 of 13 - Supreme Court of India Judgements

February 23, 2025 9:17 pm

Environment (Protection) Act, 1986 – Section 5 – Power to give directions – NGT has the jurisdiction to direct the Central Pollution Control Board (CPCB) that it should in exercise of its powers under Section 5 of the Act 1986.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S INDIAN OIL CORPORATION LIMITED — Appellant Vs. V.B.R. MENON AND OTHERS — Respondent ( Before : Sudhanshu Dhulia and J.B. Pardiwala, JJ. )…

Constitution

Bhopal Gas Leak Disaster – Plea seeking an additional compensation – While sympathize with the victims of the awful tragedy, unable to disregard settled principles of law, particularly at the curative stage

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA AND OTHERS — Appellant Vs. M/S. UNION CARBIDE CORPORATION AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, Sanjiv Khanna,…

Land Acquisition

Applying the law laid down by this Court in the case of Indore Development Authority vs. Manoharlal and Ors., (2020) 8 SCC 129 to the facts of the case on hand and more particularly, when even the original writ petitioner also admitted that the possession of the land in question was taken on 22.09.1997, there shall not be any deemed lapse under Section 24(2) of the Act, 2013 – Appeal allowed.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA THROUGH LAND ACQUISITION COLLECTOR — Appellant Vs. RAJESH KUMAR AND OTHERS — Respondent ( Before : M.R. Shah and Manoj Misra,…

Land Acquisition

Notice under Section 12(2) of the LA Act was issued and served upon the original writ petitioner but he did not collect the compensation and therefore, the same was again sent to the revenue deposit, the impugned judgment and order passed by the High Court declaring that the acquisition in respect of land in question is deemed to have lapsed is unsustainable – Appeal allowed.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF NCT OF DELHI AND ANOTHER — Appellant Vs. DAYANAND AND ANOTHER — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ.…

Service

Service Law – District Judges Appointment – Only 10% seats are to be filled up by limited departmental competitive examination – Any appointment beyond 10% seats filled up by limited departmental competitive examination therefore shall have to be considered appointment excess in quota.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJENDRA KUMAR SHRIVAS — Appellant Vs. STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…

Land Acquisition

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Lapse of acquisition proceedings – Even when the Act, 2013 came into force the stay order continued to operate and due to which the possession of the land in question could not be taken, there shall be no deemed lapse under Section 24(2) of the Act, 2013.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH LAND ACQUISITION COLLECTOR AND ANOTHER — Appellant Vs. ASHOK KUMAR AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…

Land Acquisition

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Lapse of acquisition proceedings – Subsequent purchaser has no locus to claim lapse of acquisition proceedings.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GOVT. OF NCT OF DELHI AND ANOTHER — Appellant Vs. MANJEET KAUR AND ANOTHER — Respondent ( Before : M.R. Shah and C.T. Ravikumar,…

Land Acquisition

Indore Development Authority Vs. Manoharlal and Ors. (2020) 8 SCC 129 HELD There shall not be any deemed lapse under Section 24(2) of the Act, 2013 – Under the circumstances, the impugned judgment and order passed by the High Court is unsustainable and the same deserves to be quashed and set aside and is accordingly quashed and set aside – Appeal allowed.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF NCT OF DELHI — Appellant Vs. SIDDHARTH KAPOOR AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…

G S T State Laws

Karnataka Value Added Tax Act, 2003 – Section 70 – Mere production of the invoices or the payment made by cheques is not enough and cannot be said to be discharging the burden of proof cast under section 70 of the KVAT Act, 2003 – Unless and until the purchasing dealer discharges the burden cast

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF KARNATAKA — Appellant Vs. M/S ECOM GILL COFFEE TRADING PRIVATE LIMITED — Respondent ( Before : M.R. Shah and C.T. Ravikumar,…

Land Acquisition

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Lapse of acquisition proceedings – Subsequent purchaser has no locus to challenge the acquisition/lapsing of the acquisition.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF NCT OF DELHI AND ANOTHER — Appellant Vs. M/S. BEADS PROPERTIES PVT. LTD. AND OTHERS — Respondent ( Before : M.R. Shah…

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C P C

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Feb 16, 2025 sclaw

Stamp Act State Laws

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Feb 16, 2025 sclaw

Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw

Child Custody

In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Feb 9, 2025 sclaw

Month: March 2023

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