Supreme Court of India Judgements

46400 Judgements hosted as on 14/04/2024 - Search (FREE), Subscribe, Read & Download

Category: Corporate

Corporate

Sick Industrial Companies (Special Provisions) Act, 1985, Section 18–Textile mill–Amount towards late payment surcharge–Appellant contended waiving off such charges as done with another mill–Stand of the Corporation that there was no scope for writing off late payment surcharge and in any event, the same was not part of the approved scheme

Aug 31, 2017 sclaw

     2007(5) LAW HERALD (SC) 3726   IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No.…

Corporate

Security Interest (Enforcement) Rules, 2002, R.8–Auction Sale-Symbolic Possession-No advertisement was published in the newspaper in terms of Rule 8(2) of the Rules and no possession notice under Rule 8(1) was affixed on the said property-Auction Sale though confirmed but set aside-Sale certificate quashed.

Aug 9, 2017 sclaw

2017(1) Law Herald (SC) 356 : 2016 LawHerald.Org 2534 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Anil R. Dave  The Hon’ble Mr. Justice Uday Umesh Lalit…

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Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw
Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw