Supreme Court of India Judgements

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Month: April 2023

Constitution Stamp Act

Stamp Act, 1899 – Section 31, 32 and 47A – Adjudication of the stamp duty – When a sale deed is presented for registration, the registering authority must ascertain the correct market value of the property subject matter of the document on the date of execution of the document – Stamp duty is payable on the basis of such market value and not on the consideration mentioned in the document – Relevant market value is the one which prevails on the date of execution of the conveyance –

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHANTI BHUSHAN (D) THR. LR. AND OTHERS — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : Abhay S. Oka and…

Rent

Delhi Rent Control Act, 1958 – Sections 14(1)(e) and 25-B(8) – Eviction on the ground of bona fide requirement – appellant-landlord is said to have acquired title to the property in question on being transferred by her brother-in-law; and has sought eviction of the respective tenants from suit premises on the ground that the premises were required bona fide by her for use and occupation of herself and the other members of her joint family – Order passed by the Rent Controller restored.

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KUSUM LATA SHARMA — Appellant Vs. ARVIND SINGH — Respondent ( Before : Dinesh Maheshwari and Sanjay Kumar, JJ. ) Civil Appeal No.3111 of…

C P C

Power of Attorney – After the death of the original plaintiff, the Power of Attorney executed by him in favour of “V” ceased to have any effect – Though another Power of Attorney was executed in favour of said “V”, it was executed only by the appellant­”L” – As such, “V” had no right to file appeal on behalf of the other legal heirs

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH YOGESH NAVINCHANDRA RAVANI — Appellant Vs. NANJIBHAI SAGRAMBHAI CHAUDHARY AND OTHERS — Respondent ( Before : B.R. Gavai and Vikram Nath, JJ. ) Civil…

Service Matters
Service

Appellants are entitled to financial upgradation under the ACP Scheme on completion of requisite regular service ignoring the higher qualification prescribed for the next higher post as grant of such benefit is not actually a promotion but only financial upgradation and if the higher qualification is insisted it would frustrate the purpose of the entire scheme.

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AMRESH KUMAR SINGH AND OTHERS .ETC.ETC. — Appellant Vs. THE STATE OF BIHAR AND OTHERS .ETC.ETC. — Respondent ( Before : B.R. Gavai and…

Direct Taxation Income Tax Act

Income Tax Act, 1961 – Sections 143(1)(a) and 143(3) – Jurisdiction of AO to assess or reassess the ‘total income’ – Once during search undisclosed income is found on unearthing the incriminating material during the search, the AO would assume jurisdiction to assess or reassess the total income even in case of completed/unabated assessments.

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL-3 — Appellant Vs. ABHISAR BUILDWELL P. LTD. — Respondent ( Before : M.R. Shah and Sudhanshu Dhulia, JJ.…

Cr P C

(CrPC) – Section 385 – Procedure for hearing appeal – In the absence of the records of the Court of Trial conviction cannot be upheld – Language of Section 385 shows that the Court sitting in appeal governed thereby is required to call for the records of the case from the concerned Court below

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JITENDRA KUMAR RODE — Appellant Vs. UNION OF INDIA — Respondent ( Before : Krishna Murari and Sanjay Karol, JJ. ) Criminal Appeal No.…

C P C Constitution

HELD appellants specifically sought liberty to file a case afresh if the need arose. The mere absence of the mention of such liberty in the dismissal order cannot be taken to be a refusal of such prayer by the High Court upon application of mind. There is no indication to that effect in the order itself. Set aside

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ALI HUSSAIN ISHAQ ALI VOHRA AND OTHERS — Appellant Vs. STATE OF GUJARAT AND OTHERS — Respondent ( Before : Krishna Murari and Sanjay…

Constitution Prevention of Money Laundering

HELD money laundering poses a serious threat not only to the financial systems of the countries but also to their integrity and sovereignty. Hence any lenient view in dealing with such offences would be a travesty of justice – that non-production of the relevant documents especially the documents in respect of which the relief is sought, along with the SLPs could be the sole ground for rejection of the SLPs at the outset.

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANOOP BARTARIA AND ETC. — Appellant Vs. DY. DIRECTOR ENFORCEMENT DIRECTORATE AND ANOTHER — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi,…

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Tenders & Contracts

E-auction — Typographical error — e-auction for a manganese and iron ore block submitted a bid of 140.10% instead of its intended bid of 104.10% due to a typographical error — The court allowed the company’s appeal and ordered a fresh e-auction for the block — The company was also ordered to pay Rs 3 crore ($400,000) to the state as compensation for the delay caused by its error.

Jul 20, 2024 sclaw
Corporate

Drugs (Price Control) Order, 1995 — Paragraph 13 — Recovery of overcharged amount of drugs — Demand made by the National Pharmaceutical Pricing Authority (NPPA) to recover an overcharged amount for a Cloxacillin-based drug formulation called Roscilox — The Court found that the appellant’s admission of purchasing the drug directly from the manufacturer made it liable under Paragraph 13 of the Drugs (Price Control) Order, 1995 (DPCO) — The Court also rejected the appellant’s claim that it was only a ‘dealer’ and not a ‘distributor’ under the DPCO, as the definitions of these terms under the DPCO are not mutually exclusive — The Court further noted that the objective of the DPCO is to control the prices of medicinal drug formulations and ensure they are made available to the common man, and thus, the provision should not be subjected to a restricted or hidebound interpretation — Appeal Dismissed.

Jul 20, 2024 sclaw
I P C Matrimonial

Penal Code, 1860 (IPC) — Sections 498A, 323 and 504 — Dowry Prohibition Act, 1961 — Sections 3 and 4 — Irretrievable breakdown of marriage as a ground for divorce — The court recognized that irretrievable breakdown of marriage, where the parties have been living separately for a significant period and all efforts at reconciliation have failed, can be a valid ground for divorce — This expands the grounds for divorce beyond the traditional grounds mentioned in the Hindu Marriage Act, 1955.— One-time settlement as a mode of permanent alimony — The court allowed the parties to opt for a one-time settlement as a mode of permanent alimony, instead of periodic payments — This provides flexibility to the parties in resolving their financial obligations towards each other.

Jul 20, 2024 sclaw
Service

Bihar City Manager Cadre (Appointment and Service Conditions) Rules, 2014 — Rules 5 and 11 — The Supreme Court has dismissed appeals challenging the validity of a judgment by the Patna High Court, which allowed a candidate to be considered for appointment as a City Manager in Bihar — The candidate had scored to meet up the minimum qualifying marks of 32% — The court found that the minimum qualifying marks were only for the written test and not for the overall selection process — The court also rejected the appellants’ reliance on an executive order issued in 2007, stating that it was not applicable to the rules issued in 2014 — The court concluded that the candidate was eligible and qualified to be considered for appointment as she had met the minimum qualifying marks in the written test.

Jul 20, 2024 sclaw