Supreme Court of India Judgements

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

Month: November 2023

Direct Taxation Income Tax Act

Income Tax Act, 1961 – Section 80HHC – Claim for deduction -The assessee’s attempt to broaden the deduction sources is considered impermissible, as strict interpretation aligns with specific terms in Section 80HHC – Sub-sections (2) and (3) of Section 80HHC emphasize that deductions are intended exclusively for profits derived from exporting goods and merchandise outside India, and including other income contradicts the section’s intended scope and purpose – Appeal Dismissed

Nov 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHAH ORIGINALS — Appellant Vs. COMMISSIONER OF INCOME TAX-24, MUMBAI — Respondent ( Before : B.V. Nagarathna and S.V.N. Bhatti, JJ. ) Civil Appeal…

Juvenile Justice

Juvenile Justice (Care and Protection of Children) Act, 2000 – Section 16 – Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 25 – Juvenile Justice (Care and Protection of Children) Rules, 2007 – Rule 12 – Penal Code, 1860 (IPC) – Sections 302 and 307 read with Section 34 – Murder – – the conviction of the appellant under Sections 302 and 307 IPC read with Section 34 IPC, but all the sentences which have been awarded to him are hereby quashed as such sentences cannot be given to a juvenile, in view of Section 16 of the Juvenile Justice Act, 2000 – The appeal is partially allowed concerning the issue of juvenility – The High Court’s order is modified accordingly.

Nov 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PAWAN KUMAR — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and Sudhanshu Dhulia, JJ. )…

I P C

Held, the appellant may have accidentally caused the death of the deceased while intoxicated, there is no evidence to prove that the appellant, due to intoxication – The absence of such evidence, combined with the appellant not claiming to have been intoxicated against his will, leads to the conclusion that Section 86 of the (IPC) does not apply – Therefore, the appellant is not entitled to a reduction of the sentence from Section 302 IPC (murder) to a charge falling under Part II of Section 304 IPC (culpable homicide not amounting to murder) – Appeal Dismissed.

Nov 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NANHE — Appellant Vs. STATE OF U.P. — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal Appeal No. 2791…

I B C

IBC, 2016 – Adjudicating Authority has jurisdiction only under Section 31(2) of the Code, which gives power not to approve only when the Resolution Plan does not meet the requirement laid down under Section 31(1) of the Code, for which a reasoned order is required to be passed – NCLT’s jurisdiction and powers as the Adjudicating Authority under the Code, flow only from the Code and the Regulations thereunder.

Nov 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAMKRISHNA FORGINGS LIMITED — Appellant Vs. RAVINDRA LOONKAR, RESOLUTION PROFESSIONAL OF ACIL LIMITED AND ANOTHER — Respondent ( Before : Vikram Nath and Ahsanuddin…

Adoption Joint Family Property

Hindu Adoptions and Maintenance Act, 1956 – Section 16 – Adoption Deed – Mere fact that a deed of adoption has been registered cannot be taken as evidence of proof of adoption, as an adoption deed never proves an adoption – Factum of adoption has to be proved by oral evidence of giving or taking of the child and that the necessary ceremonies, where they are necessary to be performed, were carried out in accordance with shastras.

Nov 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOTURU NALINI KANTH — Appellant Vs. GAINEDI KALIPRASAD (DEAD, THROUGH LRS.) — Respondent ( Before : C.T. Ravikumar and Sanjay Kumar, JJ. ) Civil…

Consumer

Insurance Claim – Replacement of Car – On account of damage caused to BMW Car due to accident – In case of total loss/constructive total loss, instead of paying the amount, the insurer has an option available to replace the vehicle with a new one – Thus, it is not the right of the insured under the policy conditions to always claim replacement of the car – It is at the option of the insurer

Nov 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. — Appellant Vs. MUKUL AGGARWAL AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

Mining Tenders & Contracts

Mineral (Auction) Rules, 2015 (as amended by Mineral (Auction) Amendment Rules, 2017) – Rule 9(10), Rule 9(11) and Rule 9(12) – The State Government is expected to be aware of the commercial worth of the natural resources being tendered or auctioned, as well as their potential future earning capacity – Consequently, the statutory regulations outline a bid cum e-auction process that involves not only shortlisting technically qualified bidders but also evaluating specific bids to ensure they meet eligibility criteria for participation in the e-auction – The rules incorporate various safeguards to guarantee transparency and objectivity throughout the bidding process.

Nov 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF JHARKHAND — Appellant Vs. SOCIEDADE DE FOMENTO INDUSTRIAL PVT. LTD. AND OTHERS — Respondent ( Before : S.V.N. Bhatti and Sanjiv Khanna,…

Uncategorized

Civil Law – It is settled law that a vendor cannot transfer a title to the vendee better than he himself possesses, the principle arising from the maxim nemo dat quod non habet, i.e., “no one can confer a better title than what he himself has”. In the present case, the plaintiff’s vendor having been denied the right of title in the land by the Commissioner’s order, could not have conveyed the same to her vendee.

Nov 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH P. KISHORE KUMAR — Appellant Vs. VITTAL K. PATKAR — Respondent ( Before : Bela M. Trivedi and Dipankar Datta, JJ. ) Civil Appeal…

Bail Granted

Criminal Law – Transit anticipatory bail – In situations where an accused is a resident in a state different from where the FIR is registered, full-fledged anticipatory bail cannot be sought in the resident state – However, the individual is entitled to apply for transit anticipatory bail from the Court of Session or High Court in their resident state

Nov 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRIYA INDORIA — Appellant Vs. STATE OF KARNATAKA AND OTHERS ETC. — Respondent ( Before : B.V. Nagarathna and Ujjal Bhuyan, JJ. ) Criminal…

Service Matters
Service

Service Law – Appointment – “anticipated vacancies” – To sum up the position of law as it stands, once clear and anticipated vacancies have been advertised, appointments can only be made on these vacancies – Vacancies which could not be anticipated before the date of advertisement, or the vacancies which did not exist at the time of advertisement, are the vacancies for the future i.e., next selection process.

Nov 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VIVEK KAISTH AND ANOTHER — Appellant Vs. THE STATE OF HIMACHAL PRADESH AND OTHERS — Respondent ( Before : C.T. Ravikumar and Sudhanshu Dhulia,…

You missed

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