Supreme Court of India Judgements

46420 Judgements hosted as on 27/04/2024 - Search (FREE), Subscribe, Read & Download

Category: State Laws

State Laws

Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947 – Sections 2(4) and 31(2) – Eviction – having purchased the land in the year 2007 after parting with valuable consideration, the appellant cannot be condemned without providing him a full opportunity to put forth his case with supporting evidence – Accordingly, This Court allow this appeal and set aside the orders passed by the Gujarat High Court as well as the orders passed by the authorities and remand the matter for consideration afresh on facts and law.

Dec 10, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KANAIYALAL MAFATLAL PATEL — Appellant Vs. THE STATE OF GUJARAT AND OTHERS — Respondent ( Before : C.T. Ravi Kumar and Sanjay Kumar, JJ.…

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 —…

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State Laws

Bombay Public Trusts Act, 1950 – The case involves the acceptance of Change Reports for the Vahiwatdar (Administrator) and Trustees of Shri Mallikarjun Devasthan, a Public Trust – The High Court invalidated the acceptance and remanded the matters for reconsideration – The main issue was the delay in filing the Change Report for the new Vahiwatdar of the Trust, which was submitted 17 years after the previous Vahiwatdar’s death – The Supreme Court set aside the High Court’s judgment, confirming the acceptance of Change Report Nos. 899 of 2015 and 1177 of 2017, allowing the civil appeals – The Court found that the delay in filing the Change Report was a curable defect and did not impact the legitimacy of the new Vahiwatdar’s assumption of office – The Court emphasized a liberal approach to condonation of delay, citing precedents.

Apr 28, 2024 sclaw
Service

Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 – Sections 7, 8 and 9 – Procedure for resignation by employees of private schools – The appellant challenged his termination from, which was set aside by the Tribunal but reinstated by the High Court – The main issues were whether the appellant’s resignation was lawfully withdrawn and if the documents related to his resignation were fabricated – The appellant argued that his resignation withdrawal was not considered and that the school committee’s resolutions were fabricated – The respondents contended that the resignation was accepted by the management committee and the school committee, and the appellant was informed accordingly – The Supreme Court upheld the High Court’s decision, dismissing the appeal and affirming that the appellant’s resignation was voluntary and lawfully accepted – The Court found no evidence of fabricated documents and determined that the management committee’s acceptance of the resignation was valid – The Court referenced the MEPS Act and Rules, concluding that non-communication of resignation acceptance does not invalidate the termination – The Supreme Court concluded that the appellant’s resignation was accepted before his attempted withdrawal, and thus the termination was lawful.

Apr 28, 2024 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 – Section 5(7) – “financial creditor” – The appeals challenge judgments related to the status of certain creditors of M/s. Mount Shivalik Industries Limited under the Insolvency and Bankruptcy Code, 2016 (IBC) – The primary issue is whether the respondents are financial creditors or operational creditors within the meaning of the IBC – The appellants argue that the respondents are operational creditors, as the agreements indicate services rendered to promote the corporate debtor’s products – The respondents contend that the agreements were a means to raise finance, making them financial creditors due to the interest-bearing security deposits – The Court upheld the NCLAT’s decision, recognizing the respondents as financial creditors based on the commercial effect of the transactions – The Court examined the true nature of the transactions and found that the arrangements had the commercial effect of borrowing, satisfying the criteria for financial debt under the IBC – The Court applied the definition of financial debt and operational debt from the IBC, emphasizing the disbursal against the consideration for the time value of money – The appeals were dismissed, confirming the respondents’ status as financial creditors and allowing the resolution process to continue accordingly – The Court’s detailed analysis affirmed the NCLAT’s interpretation of the IBC provisions.

Apr 28, 2024 sclaw
Family Court I P C

“Husband Has No Right On Wife’s Stridhan” Matrimonial Law – The appeal concerns a matrimonial dispute involving misappropriation of gold jewellery and monetary gifts – The appellant, a widow, married the first respondent, a divorcee, and alleged misappropriation of her jewelry and money by the respondents – The core issue is whether the appellant established the misappropriation of her gold jewellery by the respondents and if the High Court erred in its judgment – The appellant claimed that her jewellery was taken under the pretext of safekeeping on her wedding night and misappropriated by the respondents to settle their financial liabilities – The respondents denied the allegations, stating no dowry was demanded and that the appellant had custody of her jewellery, which she took to her paternal home six days after the marriage – The Supreme Court set aside the High Court’s judgment, upheld the Family Court’s decree, and awarded the appellant Rs. 25,00,000 as compensation for her misappropriated stridhan – The Court found the High Court’s approach legally unsustainable, criticizing it for demanding a criminal standard of proof and basing findings on assumptions not supported by evidence – The Court emphasized the civil standard of proof as the balance of probabilities and noted that the appellant’s claim for return of stridhan does not require proof of acquisition – The Supreme Court concluded that the appellant had established a more probable case and directed the first respondent to pay the compensation within six months, with a 6% interest per annum in case of default.

Apr 28, 2024 sclaw