Supreme Court of India Judgements

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Category: State Laws

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. )…

State Laws

Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 – Section 4 – the factum of delay and laches is clear and patent on the face of the record, requiring no further enquiry or evidence – present case is involving inordinate delay – HELD No evidence is brought on record of appellant being aware of the proscription in law as regards land – Appeal allowed

May 1, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHAKUNTALA — Appellant Vs. STATE OF KARNATAKA AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Sanjay Kumar, JJ. ) Civil Appeal Nos.…

Property Matters State Laws

Punjab Land Revenue Act, 1887 – Sections 118 and 121 – Partition – When a decision is taken by the Revenue Officer under Section 118 on the question as to the property to be divided and the mode of partition, the rights and status of the parties stand decided and the partition is deemed to have completed – At this stage, such decision is required to be treated as the “decree”

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JHABBAR SINGH (DECEASED) THROUGH LEGAL HEIRS AN OTHERS — Appellant Vs. JAGTAR SINGH S/O DARSHAN SINGH — Respondent ( Before : Ajay Rastogi and…

Housing State Laws

HELD allotment of an identified plot in favour of Shashi Bala did not crystallize by the date of the Full Bench judgment and was at the stage of the Governments approval- FB judgement held invalidating the actual allotments made under the discretionary quota and directing the Government to draw up a policy in relation to reservation for various categories – Appeal dismissed

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH IMPROVEMENT TRUST, ROPAR THROUGH ITS CHAIRMAN, ROPAR, PUNJAB — Appellant Vs. SHASHI BALA AND ANOTHER — Respondent ( Before : Vikram Nath and Sanjay…

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C P C

A party should not suffer due to the negligence of their counsel, and a restoration application under Order IX Rule 13 of the CPC can serve as an application for condonation of delay if it explains the reasons for the delay, so that courts should focus on the merits of a case rather than being hindered by procedural technicalities A. Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — An application under Order 9 Rule 13 can also serve as an application for condonation of delay — The court cites Bhagmal and Ors Vs. Kunwar Lal and Others, to support its finding that where the delay in filing an application under Order 9 Rule 13 of the CPC is explained within the application itself, there is no need for a separate application for condonation of delay — The court emphasizes that the procedure is a handmaid of justice, and hyper-technical interpretations of rules should not stand in the way of achieving a just outcome.

Dec 28, 2024 sclaw
Anticipatory Bail

Anticipatory bail should not be granted routinely, especially in serious offenses like murder, and that courts must consider the severity of the charges, the evidence, and the materials on record, including the charge sheet Penal Code, 1860 (IPC) — Section 302 — Murder — The Supreme Court overturned the Patna High Court’s decision to grant anticipatory bail to respondents in a murder case — The case originated from an incident where the appellant’s nephew was allegedly set on fire by the respondents — The court emphasized that anticipatory bail should not be granted mechanically, particularly in severe offenses like murder, and the High Court had erred in not considering the gravity of the charges and the evidence, including the charge sheet which stated that the case against the accused persons was found to be true — The Supreme Court directed the respondents to surrender to the trial court and apply for regular bail, to be considered on its merits — The Supreme Court’s decision underscores the importance of a thorough review of case details and allegations before granting anticipatory bail, especially in cases of serious crimes.

Dec 28, 2024 sclaw
Service

Service Law — Regularization of services for long-term, part-time employees — The court found that the appellants’ continuous service for over a decade, performing essential duties, should not be disregarded simply because their initial appointments were labeled as part-time or contractual — The court noted the indispensable nature of their work, the lack of any performance issues, and that their duties were similar to those of regular employees — The court emphasized that the nature of their work was perennial and fundamental, requiring their classification as regular posts — The court also found that the appellants’ abrupt termination was unjustified and violated principles of natural justice, and the argument against their regularization based on educational qualifications was untenable — The court noted discriminatory practices as other employees with similar or shorter service had been regularized — The court clarified that the Uma Devi judgment was not intended to penalize employees who have served long years in essential roles and that “irregular” appointments should be considered for regularization, especially when they are not “illegal” and the employees have served continuously against sanctioned functions.

Dec 28, 2024 sclaw
Child Custody Matrimonial

For best interest and welfare of the child are the paramount considerations when determining visitation rights A. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The paramount consideration when determining visitation rights is the best interest and welfare of the child — This principle takes precedence over the rights of the parents — The court emphasizes that a child’s health and well-being must not be compromised in the process of adjudicating parental rights. B. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Both parents have a right to the care, company, and affection of their child — However, this right is not absolute and must be balanced with the need to protect the child’s welfare — In this case, the court acknowledges the father’s right to visit his daughter but ensures that these visits do not negatively impact the child. C. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Matrimonial disputes and serious allegations between parents should not impede a child’s right to the care and company of both parents — The court separates the child’s welfare from the conflict between the parents. D. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Visitation arrangements must not cause undue hardship to the child — The court modified the High Court’s order, which required the child to travel 300 kilometers every Sunday, as it was deemed detrimental to the child’s health and well-being. E. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The location for visitation must be convenient and in the best interest of the child — The court changed the visitation location from Karur to Madurai, which is closer to the child’s residence, in order to prioritize the child’s comfort and convenience. F. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Supervised visitation may be necessary, especially for young children — The court directed that the father’s visits should occur in a public place, with the mother present (though at a distance), due to the child’s young age and unfamiliarity with the father.

Dec 28, 2024 sclaw