Supreme Court of India Judgements

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Category: State Laws

State Laws

Bombay Tenancy and Agricultural Lands Act, 1948 – Section 31A and 31D – Termination of tenancy – Landlord sought to recover possession for the purpose of personal cultivation – It was unnecessary for the revisional authority to remand the case for framing an issue on the applicability of Section 31A-31D – Applicability of those provisions was dependent on the question of whether the landlord’s holding exceeded one unit of economic holding – That question was merely one of law, the fact of the landlord’s holding having already come on record before the original authority – Revisional authority could have taken upon itself the task of deciding the question and disposing off the dispute before itself

Oct 24, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KESHAV BHAURAO YEOLE (D) BY LRS. — Appellant Vs. MURALIDHAR (D) AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar,…

State Laws

West Bengal Land Reforms Act, 1955 – Section 4-C – Raiyat land is not for mining – The controversy relating to Section 4-C of the WBLR Act, 1955, cannot simply be decided on the basis of Memo No. V/RTI/775/15 dated 06.03.2017 issued by the Deputy District Land and Land Reforms Officer, Purulia, that as per the revenue records the land was recorded as ‘Dungri’. The reason is that Raiyat land is not for mining – Thus, a contradiction arises, as the grant of Raiyat land and the classification of the same land as ‘Dungri’ is contradictory – Government of West Bengal will execute a mining lease for 20.87 acres of land in favour of the Respondent No. 1 – M/s. Chiranjilal (Mineral) Industries of Bagandih.

Sep 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF WEST BENGAL AND ANOTHER — Appellant Vs. M/S. CHIRANJILAL (MINERAL) INDUSTRIES OF BAGANDIH AND ANOTHER — Respondent ( Before : Sanjiv Khanna…

G S T State Laws

Tamil Nadu General Sales Tax Act, 1959 – Section 28-A – Power to issue clarification by Commissioner of Commercial taxes – clarification provided by the Commissioner does is to clear the meaning of the two entries which was already implicit but had given rise to a confusion. A clarification of this nature, therefore, is bound to be retrospective – Circular dated 8th October, 1998 does not run counter to the provisions of the Act.

Jul 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SANTHOSH MAIZE & INDUSTRIES LIMITED — Appellant Vs. THE STATE OF TAMIL NADU & ANOTHER — Respondent ( Before : S. Ravindra Bhat and…

State Laws

Tamil Nadu Cultivating Tenants Protection Act, 1955 – Sections 3 and 4 – – eviction of the cultivating tenant at the behest of the landlord is circumscribed, by the Act – Hence, the court is required to ensure that even the limited ground(s) for eviction by the landlord of the cultivating tenant, are not frustrated by granting some extra benefit or indulgence to the cultivating tenant.

May 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH K. CHINNAMMAL (DEAD) THROUGH LRS. AND OTHERS — Appellant Vs. L.R. EKNATH AND ANOTHER — Respondent ( Before : Krishna Murari and Ahsanuddin Amanullah,…

Municipal Laws Property Matters State Laws

Development Control Regulations for Greater Mumbai, 1991 – Regulation 34 – Claim for Additional TDR – Waiting to receive clearance of right over additional Transfer of Development Rights (TDR) in a pending acquisition proceeding does not amount to abandonment of the claim

May 11, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GODREJ AND BOYCE MANUFACTURING COMPANY LIMITED THROUGH ITS CONSTITUTED ATTORNEY AND ANOTHER — Appellant Vs. THE MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERS —…

G S T State Laws

In the present case, the clear legislative intent, of inserting a carefully worded entry, which was a “hybrid” one, i.e. describing an article that contained medicinal ingredients, as well as those used for cosmetics, and yet placing such a creature (“neither beast nor fowl” so to say) in the category of cosmetics, ruled out altogether any interpretive scope of classifying it as a medicinal preparation, or drug or medicine

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HEINZ INDIA LIMITED — Appellant Vs. THE STATE OF KERELA — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta, JJ. ) Civil…

Municipal Laws State Laws

Uttar Pradesh Urban Planning and Development Act, 1973 – Sections 15(2-A) and 41 – Completion Certificate – the intention of the Act is to levy only those charges/fees provided/mentioned under Section 15(2-A) of the Act, 1973, otherwise the other charges also would have been defined under the Act, 1973. Levy of such other charges can be said to be hit by Article 265 of the Constitution of India

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MATHURA VRINDAVAN DEVELOPMENT AUTHORITY AND ANOTHER — Appellant RAJESH SHARMA AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…

You missed

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