Supreme Court of India Judgements

46735 Judgements hosted as on 16/02/2025 - Search (FREE), Subscribe, Read & Download

Category: Corporate

Corporate

Partnership Act, 1932 – Section 69 – Suit for declaration and injunction by unregistered firm – HELD that Section 69(2) of the Act of 1932 is not a bar to a suit filed by an unregistered firm, if the same is for enforcement of a statutory right or a common law right.

Feb 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHIV DEVELOPERS THROUGH ITS PARTNER SUNILBHAI SOMABHAI AJMERI — Appellant Vs. AKSHARAY DEVELOPERS AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Vikram…

Corporate

Competition Act, 2002 – Sections 2(u) 3 and 4 read with Section 19(1)(a) – Complaint – Lottery business can continue to be regulated by the Regulation Act – If in the tendering process there is an element of anti-competition which would require investigation by the CCI, that cannot be prevented under the pretext of the lottery business being res extra commercium, more so when the State Government decides to deal in lotteries.

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COMPETITION COMMISSION OF INDIA — Appellant Vs. STATE OF MIZORAM AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ.…

Corporate

Trade Marks Act, 1999 – 29 and 30 – Infringement of the trade mark – Permanent injunction – When the trade mark of the defendant is identical with the registered trade mark of the plaintiff and that the goods or services of the defendant are identical with the goods or services covered by registered trade mark, the Court shall presume that it is likely to cause confusion on the part of the public

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH RENAISSANCE HOTEL HOLDINGS INC. — Appellant Vs. B. VIJAYA SAI AND OTHERS — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V.…

Corporate

Companies Act, 2013 – Sections 243, 237(b), 433, 433(a), 433(g), 433(h), 433(i) and 439(1)(f) – Winding up – If the conduct of the affairs of the company in a fraudulent manner is a continuing process, the right to apply winding up becomes recurring: – Main departure of the 2013 Act from the statutory regime of the 1956 Act, is the specific inclusion of fraud, directly as one of the circumstances in which a company could be wound up –

Jan 19, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DEVAS MULTIMEDIA PRIVATE LIMITED — Appellant Vs. ANTRIX CORPORATION LIMITED AND ANOTHER — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. )…

Corporate

Companies Act, 1956 – Section 531 – Reserve Bank of India Act, 1934 – Section 45-MB – Suit for Interest on delayed payment on Bonds -the plaintiffs, like the Shakespearean character of Shylock, have raised the demand “I’ll have my bond. Speak not against my bond.” – Holder of the Bond has received their ‘pound of flesh’, but they seem to want more – Additional sum is not merited as SIBCO has already received their just entitlement and burdening the defendant with any further amount towards interest would be akin to Shylockian extraction of blood from the defendant.

Jan 3, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA — Appellant Vs. M/S. SIBCO INVESTMENT PRIVATE LIMITED — Respondent ( Before : R. Subhash Reddy and Hrishikesh…

Corporate

Recovery of Debts due to Banks and Financial Institutions Act, 1993 – Section 30 – Limitation Act, 1963 – Section 5 – Appeal against the order of Recovery Officer – Limitation – Section 5 of the Limitation Act shall not be applicable to the appeal against the order of Recovery Officer as provided under Section 30 of the Act, 1993.

Nov 28, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AVNEESH CHANDAN GADGIL AND ANOTHER — Appellant Vs. ORIENTAL BANK OF COMMERCE AND OTHERS — Respondent ( Before : M.R. Shah and Sanjiv Khanna,…

Corporate

Held, Merely having an explicit clause may not be sufficient to make time the essence of the contract – As the contract was spread over a long tenure, the intention of the parties to provide for extensions surely reinforces the fact that timely performance was necessary – Contractual clauses having extension procedure and imposition of liquidated damages, are good indicators that ‘time was not the essence of the contract’

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH WELSPUN SPECIALTY SOLUTIONS LIMITED (FORMERLY KNOWN AS REMI METALS GUJARAT LIMITED) — Appellant Vs. OIL AND NATURAL GAS CORPORATION LIMITED — Respondent ( Before…

Corporate

Perusal of clause 17 of the 1992 deed would reveal that the partners have right to expel an erring partner/partners on the grounds specified therein. The 1995 Deed does not have any conflicting provision. The clauses in the 1992 Deed, which are not superseded by the 1995 Deed, would still continue to operate. The trial court has given sound reasons, while upholding the expulsion of the plaintiffs. We see no reason to interfere with the same, the appeal is partly allowed.

Oct 30, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH V. ANANTHA RAJU AND ANOTHER — Appellant Vs. T.M. NARASIMHAN AND OTHERS — Respondent ( Before : L. Nageswara Rao, Sanjiv Khanna and B.R.…

Corporate

Petroleum and Natural Gas Regulatory Board Act, 2006 – Sections 16 and 17 – Deemed authorization -it is held that entities which had received authorization from States, had to seek authorization under the PNGRB Act, in terms of Section 17(2), and in compliance with the conditions spelt out under the CGD Regulations – Role of the State in granting NOC is only supportive or collaborative, in terms of the Central Government’s policy, of 2006, and cannot confer any advantage to any entity, which has to seek and be granted specific authorization in terms of the PNGRB Act on the merits of its application.

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH ADANI GAS LIMITED — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Hrishikesh…

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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
Child Custody

In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Feb 9, 2025 sclaw