Supreme Court of India Judgements

46740 Judgements hosted as on 02/03/2025 - Search (FREE), Subscribe, Read & Download

Month: February 2025

Matrimonial

Hindu Marriage Act, 1956 — Sections 12 and 13 — Family Courts Act, 1984 — Sections 6 and 9 — Irretrievable breakdown of marriage — Where the parties have agreed to a divorce but are in dispute over maintenance or permanent alimony, the court must determine the quantum of maintenance based on a balanced consideration of various factors, including the financial status of both parties, the standard of living during the marriage, and the reasonable needs of the dependent spouse — The court should aim to ensure that the dependent spouse is not reduced to destitution, while also avoiding an unreasonable financial burden on the other spouse.

Feb 2, 2025 sclaw

2025 INSC 135 SUPREME COURT OF INDIA DIVISION BENCH SAU. JIYA Vs. KULDEEP ( Before : Vikram Nath and Prasanna B. Varale, JJ. ) Civil Appeal No….of 2025 (SLP (C)…

Arbitration

Arbitration and Conciliation Act, 1996 — Section 37 — Contractual clauses — Enforceability of Clause 49.5 of the General Conditions of Contract (GCC) — The Court upheld the validity and enforceability of Clause 49.5 of the GCC, which states that in the event of any failure or delay by the employer (respondent) in fulfilling its obligations under the contract, the contractor (appellant) is not entitled to claim damages or compensation — Instead, the contractor is only entitled to an extension of time to complete the work — The Court found that the appellant had repeatedly invoked Clause 49.5 to seek extensions of time and had accepted the terms of the clause by submitting undertakings not to make any claims other than escalation for the delays caused by the respondent — Therefore, the appellant was estopped from challenging the validity of Clause 49.5.

Feb 2, 2025 sclaw

2025 INSC 138 SUPREME COURT OF INDIA DIVISION BENCH M/S. C & C CONSTRUCTIONS LTD. Vs. IRCON INTERNATIONAL LTD. ( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. )…

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Consumer Limitation

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

Mar 3, 2025 sclaw
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