Supreme Court of India Judgements

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

Category: State Laws

State Laws

Whether an application under Section 416 of the Act could at all be maintained by a person in whose favour there was only an agreement for sale and who had not acquired the title – Writ petition filed in the High Court was not confined to raising dispute between private parties. There was essentially an element of public interest involved as serious questions alleging violations of building laws and the town planning were raised – Appeal allowed.

May 14, 2017 sclaw

  (2005) 12 SCC 317 SUPREME COURT OF INDIA DEBASHIS ROY AND ANOTHER — Appellant Vs. CALCUTTA MUNICIPAL CORPORATION AND OTHERS — Respondent ( Before : R.C. Lahoti, C.J.; H.K.…

State Laws

Once the land was allotted to the appellant and had become his property it loses the character of being ‘evacuee property’ thereafter; the Collector has, therefore, rightly taken note of the subsequent acquisition of land by the appellant under Section 14-B and recomputed the excess land – Appeal dismissed.

May 13, 2017 sclaw

  (2001) 4 JT 419 : (2001) 9 SCC 734 SUPREME COURT OF INDIA SARASWATI INDUSTRIAL SYNDICATE LTD. — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent ( Before…

State Laws

Examination of reports – The case arises of alleged ill-treatment of appellant by her husband and her father. The case is going on since 29th July, 1995. Appellant came up against the order passed by the Metropolitan Magistrate on 29th July, 1995 ordering to be admitted to Delhi Psychiatry center, 35, Defence Enclave, Vikas Marg, New Delhi, for observation and treatment

Apr 30, 2017 sclaw

  (1997) 2 Crimes 62 : (1997) 5 JT 120 : (1997) 3 SCALE 761 : (1997) 5 SCC 346 : (1997) 1 UJ 736 SUPREME COURT OF INDIA ANAMIKA…

State Laws

House Tax— State Government has given exemption to the self occupied residential houses from the payment of house tax—But not to self occupied commercial premises—Whether proper ? YES. Jurisdiction of High Court— The court cannot usurp the functions assigned to the legislative bodies under the Constitution and even indirectly require the legislature to exercise its power of law making in particular manner.

Apr 26, 2017 sclaw

  2007(3) LAW HERALD (SC) 2429 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.H. Kapadia The Hon’ble Mr. JusticeB. Sudershan Reddy Civil Appeal No. 684 of…

You missed

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