Supreme Court of India Judgements

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

Category: Civil Cases

Civil Cases

Specific Relief Act, 1963, S.20–Specific Performance-Agreement to Sell—Once the Trial Court, first and second Appellant Court formed an opinion and decided to grant the specific performance of the agreement to the plaintiff in exercise of their respective discretionary powers, Supreme Court being the last court in hierarchy cannot disturb such concurrent findings while exercising power under Article 136 of the Constitution of India—Such concurrent findings are binding on Supreme Court.

Jul 3, 2018 sclaw

  (2018) 181 AIC 255 : (2017) AIR(SCW) 3601 : (2017) 4 AIRJharR 415 : (2017) AIR(SC) 3601 : (2017) AllSCR 1855 : (2017) 5 ALT 29 : (2017) 5…

Civil Cases

Electricity Meter–Replacement of existing meter with electronic meter-Section 20 of the Act confers power on the licensee to enter into the premises for the purpose of inspecting, testing, repairing or altering meter including replacement of meter instituted in the premises of the consumers.

Feb 14, 2018 sclaw

2008(1) LAW HERALD (SC) 659 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 4789 of…

Civil Cases

Estoppel–Electricity Tariff–Levy of Surcharge–Doctrine of estoppel would apply in the case where the promise was made and it would not be applicable if no such promise was made. Tariff approved by the Commission cannot be changed by the Licensee–In case if the licensee(Corporation) violates the tariff so fixed, appropriate legal action can be taken against it.

Dec 8, 2017 sclaw

2008(1) LAW HERALD (SC) 392 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi  Appeal (civil)  5789 of 2002 …

Civil Cases

Copyright–The judgments of the Apex court would be in the public domain and its reproduction or publication would not infringe the copyright–The reproduction or publication of the judgments by any number of persons would not be infringement of a copyright of the first owner namely, the Government, unless it is prohibited. Copyright–Judgments of Court–Whether the inputs put by the appellants in the copy-edited judgments published in their journal ‘SCC’ touch the standard of creativity required for the copyright, discussed.

Nov 3, 2017 sclaw

2008(1) LAW HERALD (SC) 179 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.N. Agrawal The Hon’ble Mr. Justice P.P. Naolekar Civil Appeal No. 6472 of 2004…

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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