Supreme Court of India Judgements

46054 Judgements hosted as on 15/11/2023 - Search (FREE), Subscribe, Read & Download

Category: Corporate

Contract Act Corporate

Carriage by Air Act, 1972 – Sections 19 and 13(3) – Carrier is liable for damage occasioned by delay in the carriage by air of passengers, luggage or goods – If the carrier admits the loss of the goods, or if the goods have not arrived at the expiration of seven days after the date on which they ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage.

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. RAJASTHAN ART EMPORIUM — Appellant Vs. KUWAIT AIRWAYS AND ANOTHER — Respondent ( Before : A.S. Bopanna and Prashant Kumar Mishra, JJ. )…

Corporate

We are not inclined to proceed further with the present writ petition, as it is clear from the counter affidavit filed by respondent no. 2 – Telecom Regulatory Authority of India (TRAI) that the cellular mobile telephone number once deactivated for non-usage or disconnected on the request of subscriber, is not allocated to the new subscriber for at least a period of 90 days. It is for the earlier subscriber to take adequate steps to ensure that privacy is maintained.

Nov 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJESWARI — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Sanjiv Khanna and S.V.N. Bhatti, JJ. ) Writ Petition (Civil)…

Corporate

Advocates Act, 1961 – Sections 16 and 23(5) – – Classification of advocates and the mechanism to grant seniority to advocates is not based on any arbitrary, artificial or evasive grounds – Such a classification is a creation of the legislature, and there is a general presumption of constitutionality, and the burden is on the petitioners to show that there is a clear transgression of the constitutional principles – something which they have miserably failed to discharge

Oct 18, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH MATHEWS J. NEDUMPARA AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, C.T. Ravikumar and…

Corporate Intellectual Property

Infringement of copyright – Acquiescence is a defence available in action for the infringement of copyright – – Even assuming that the allegation of deceptive similarity in the labels used by the respondent was established by the appellant, one of the three elements which the appellant was required to prove, has not been proved

Oct 1, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BRIHAN KARAN SUGAR SYNDICATE PRIVATE LIMITED — Appellant Vs. YASHWANTRAO MOHITE KRUSHNA SAHAKARI SAKHAR KARKHANA — Respondent ( Before : Abhay S. Oka and…

Corporate

Contract Act, 1872 – Section 73 – Compensation for loss or damage caused by breach of contract – It is undeniable that the measure of damages, per Section 73 of the Contract Act, is the difference between the price at which goods sell at the marketplace on the date of breach, and the contract price

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH H. J. BAKER AND BROS. INC. — Appellant Vs. THE MINERALS AND METALS TRADE CORPORATION LTD. (MMTC) — Respondent ( Before : S. Ravindra…

Corporate Mining

Mines and Minerals (Development and Regulation) Act, 1957 – Section 15 – Rajasthan Minor Mineral Concession Rules, 1986 – Rules 4(10) and 7(3) – When a decision is taken by a competent authority in public interest by evolving a better process such as auction, a right, if any, to an applicant seeking lease over a Government land evaporates on its own – An applicant cannot have an exclusive right in seeking a grant of license of a mineral unless facilitated accordingly by a statute

Aug 6, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF RAJASTHAN AND OTHERS — Appellant Vs. SHARWAN KUMAR KUMAWAT ETC. ETC — Respondent ( Before : A.S Bopanna and M.M Sundresh,…

Companies Act Corporate

Paid-up capital – Appellants cannot be described as having acted in a defective or in an unfair manner, in the matter of allotment of further shares particularly when the contention of the respondents about the bona fides of the decision to increase the authorised capital has been found in favour of the appellants

Jul 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HASMUKHLAL MADHAVLAL PATEL AND ANR. — Appellant Vs. AMBIKA FOOD PRODUCTS PVT. LTD. AND OTHERS — Respondent ( Before : K.M. Joseph and B.V.…

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Specific Performance

Specific Performance Of Re-Conveyance Deed Can’t Be Sought When Plaintiff Denies Defendant’s Title In Property

Dec 3, 2023 sclaw
Acquittal SC/ST

Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act, 1989 – Sections 3(2)(v) and 14A(1) – – Acquittal -There must be an allegation that the accused not being a member of Scheduled Caste or Scheduled Tribe committed an offence under the IPC punishable for a term of 10 years or more against a member of the Scheduled Caste or Scheduled Tribe knowing that such person belongs to such ‘community’

Dec 2, 2023 sclaw
Acquittal I P C

Penal Code, 1860 (IPC) – Section 306 – Abetment of Suicide – Acquittal – The said incident allegedly happened more than two weeks before the date of suicide. There is no allegation that any act was done by the appellants in the close proximity to the date of suicide – By no stretch of the imagination, the alleged acts of the appellants can amount to instigation to commit suicide

Dec 2, 2023 sclaw
I P C

Penal Code, 1860 (IPC) – Sections 302 and 34 – Murder – Applicability of Section 34 of the IPC – For applying Section 34 IPC there should be a common intention of all the co-accused persons which means community of purpose and common design – Common intention does not mean that the co-accused persons should have engaged in any discussion or agreement so as to prepare a plan or hatch a conspiracy for committing the offence

Dec 2, 2023 sclaw