Supreme Court of India Judgements

46660 Judgements hosted as on 19/11/2024 - Search (FREE), Subscribe, Read & Download

Month: May 2023

Companies Act I B C

Companies Act, 2013 – Section 164(2)(b) – Insolvency Resolution Process – Unless a categorical finding was recorded in the competent forum as regards any such default and unless specific order disqualifying the resolution applicant as director because of such default came into existence, it could not have been taken by way of any process of assumption that the appellant-resolution applicant was disqualified

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M.K. RAJAGOPALAN — Appellant Vs. DR. PERIASAMY PALANI GOUNDER AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and Vikram Nath, JJ. ) Civil…

Corporate I P C

UOI directing to Serious Fraud Investigation Office (SFIO) against respondents – protection sought u/section 140(5) Companies Act being ultra vires – HELD application/proceedings under section 140(5) of the Companies Act, 2013 are maintainable even after the resignation of the concerned auditors – Appeal accepted against Deloitte Haskins & Sells LLP

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. DELOITTE HASKINS AND SELLS LLP AND ANOTHER — Respondent ( Before : M.R. Shah and M.M.…

Cr P C

Penal Code, 1860 (IPC) – Sections 302, 120-B, 506 read with 34 – Arms Act, 1959 – Section 27 – Conviction and sentence – Acquittal – The question is whether a convict has a fair chance of being acquitted based on palpable evidence – If the answer is yes, the convict should not be kept in custody for a long time until the appeal is decided

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH OMPRAKASH SAHNI — Appellant Vs. JAI SHANKAR CHAUDHARY AND ANOTHER ETC. — Respondent ( Before : M.R. Shah and J.B. Pardiwala, JJ. ) Criminal…

Service Matters
Service

Service Law – Dismissal from Service – Certain irregularities – Powers/Jurisdiction of Municipal Commissioner – Nature of Penalties – HELD per resolution the Commissioner was authorized to take action against any officer with regard to the lapses and/or negligence on the part of the officers in various works and purchases is concerned

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MUNICIPAL COMMISSIONER, JAMNAGAR MUNICIPAL CORPORATION AND ANOTHER — Appellant Vs. R.M. DOSHI — Respondent ( Before : M.R. Shah and J.B. Pardiwala, JJ. )…

I B C

Insolvency and Bankruptcy Code, 2016 – Distribution of the assets – Companies Act, 2013 – Sections 326 and 327 of Companies act shall not be applicable – the distribution of the assets shall have to be made as per Section 53 of the IBC subject to Section 36(4) of the IBC, in case of liquidation of company under IBC

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOSER BAER KARAMCHARI UNION THR. PRESIDENT MAHESH CHAND SHARMA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : M.R. Shah…

Corporate G S T

Service Tax (Determination of Value) Rules, 2006 – Rule 2A – the determination of value of service portion in the execution of the works contract is to be made as per Rule 2A, however with an option to the assessee to avail the benefit of Composition Scheme – Therefore, either the assessee has to go for Composition Scheme or go for Determination of Value as per Rule 2A and the assessee has to pay service tax on the service element and can claim CENVAT Credit on the said amount only.

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CC AND CE AND ST, NOIDA — Appellant Vs. M/S INTERARCH BUILDING PRODUCTS PVT. LTD. — Respondent ( Before : M. R. Shah and…

Land Acquisition

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Acquisition proceedings Lapse by High Court – Possession could not be taken due to stay order/pending litigation, the matters are required to be remanded to the High Court to decide the writ petitions afresh in accordance with law.

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF HARYANA AND OTHERS — Appellant Vs. HIRA SINGH — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil…

Land Acquisition

Amount of compensation was deposited with the Reference Court in term of Section 30/31 of the 1894 Act HELD one of the conditions being satisfied, the order passed by the High Court cannot be legally sustained whereby the acquisition has been held to have lapsed in terms of Section 24(2) of the 2013 Act.

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. ANITA SINGH AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Civil…

C P C

Carriage by Road Act, 2007 – Section 16 – No notice under Section 16 of the Carriage by Road Act, 2007 was necessary for instituting any suit or legal proceedings much less counter-claim against the common carrier for recovering the loss other than the loss of or damage to the consignment

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ESSEMM LOGISTICS — Appellant Vs. DARCL LOGISTICS LIMITED AND ANOTHER — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Civil Appeal…

You missed

Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw
Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw
Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw