Month: April 2025

Insurance Law — Condition Precedent — Absurd Consequences — A term in an insurance policy will not be construed as a condition precedent to liability if doing so leads to absurd results, rendering the insurance cover ineffective under foreseeable circumstances (requiring voyage completion before monsoon, which might be prevented by an insured peril itself) — Such conditions may be disregarded if they vitiate the fundamental purpose of the insurance contract

2025 INSC 453 SUPREME COURT OF INDIA DIVISION BENCH SOHOM SHIPPING PVT. LTD. Vs. M/S. THE NEW INDIA ASSURANCE CO. LTD. AND ANOTHER ( Before : B. V. Nagarathna and…

Res Judicata / Constructive Res Judicata — Applicability to SEBI Proceedings — The principles of res judicata and constructive res judicata, based on public policy ensuring finality, apply to proceedings before the Securities and Exchange Board of India (SEBI) and its Whole-Time Members (WTMs)

SUPREME COURT OF INDIA DIVISION BENCH SECURITIES AND EXCHANGE BOARD OF INDIA Vs. RAM KISHORI GUPTA AND ANOTHER ( Before : Sanjay Kumar and K.V. Viswanathan, JJ. ) Civil Appeal…

Criminal Procedure Code, 1973 — Section 438 — Anticipatory Bail — Nature and Scope — Power to grant anticipatory bail under S. 438 is an extraordinary power to be exercised sparingly and only in exceptional cases, not as a matter of routine — Its object is to protect individuals from harassment or humiliation, but this must be balanced against the larger societal interest in maintaining law and order and ensuring the proper course of justice.

2025 INSC 477 SUPREME COURT OF INDIA DIVISION BENCH SERIOUS FRAUD INVESTIGATION OFFICE Vs. ADITYA SARDA ( Before : Bela M. Trivedi and Prasanna B. Varale, JJ. ) Criminal Appeal…

Uttar Pradesh Value Added Tax Act, 2008 — Sections 7(c), 13(1) & 13(7) — Input Tax Credit (ITC) — Entitlement — Sales exempt under S. 7(c) — Where a dealer makes sales to manufacturer-exporters against Form-E, which are exempt from tax under S. 7(c) pursuant to notifications (dated 24.02.2010 and 25.03.2010), the dealer is not entitled to claim ITC on the purchase tax paid on such goods

2025 INSC 476 SUPREME COURT OF INDIA DIVISION BENCH NEHA ENTERPRISES Vs. COMMISSIONER, COMMERCIAL TAX, LUCKNOW, UTTAR PRADESH ( Before : Pankaj Mithal and S.V.N Bhatti, JJ. ) Civil Appeal…

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