Supreme Court of India Judgements

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Motor Vehicles Act, 1988 — Section 166 — Claim Petition for death of bachelor — Selection of Multiplier — Multiplier to be determined based on age of deceased and not age of dependents/parents — Deceased was 33 years old at the time of accident — Correct multiplier applicable according to standardized matrix in Sarla Verma and Pranay Sethi is 16 — Argument of insurer that multiplier should correspond to age of parents rejected — MACT and High Court rightly applied multiplier of 16. Legal Representatives Can Claim Motor Accident Compensation Even Without Financial Dependency On Deceased Execution Of Unregistered Agreement To Sell Does Not Terminate Subsisting Landlord-Tenant Relationship Nor Entitle Tenant To Section 53A TP Act Protection A. Transfer of Property Act, 1882 — Section 111(e) & (f) — Landlord and Tenant — Determination of lease by express or implied surrender — Execution of agreement to sell by landlord in favour of tenant — Effect on jural relationship — Held, mere execution of an agreement to sell between landlord and tenant does not ipso facto determine the subsisting tenancy — Tenancy is determined only when terms of agreement or unequivocal conduct of parties disclose express or implied surrender — Where agreement to sell contained clause for cancellation and restoration of possession in case loan was not sanctioned, existing possession was referable to tenancy and not to agreement to sell — Landlord-tenant relationship continued to subsist. Appellate Courts Should Not Remand Cases Under Order 41 Rule 23 CPC As A Matter Of Course When Sufficient Evidence Is Available On Record. A. Civil Procedure Code, 1908 (CPC) — Order 41 Rules 23 and 24 — Power of Appellate Court to remand — Remand of case to Trial Court for framing of additional issues and fresh evidence — Permissibility — High Court remitted suit regarding one item of property for framing issues on whether sale deed was sham, limitation, and possession — Held, remand is not to be adopted as a matter of ordinary course and reflects incorrect exercise of discretion when sufficient evidence is available on record — Issues already framed by Trial Court were comprehensive enough to cover core disputes — Appellate Court is fully empowered to decide issues on merits or admit additional evidence if warranted, rather than remitting matter to cause unnecessary delay — Remand set aside and appeals restored to High Court for fresh disposal on merits. Extended Period Of Limitation Under Proviso To Section 11A, Central Excise Act Cannot Be Invoked When Facts Are Known To Department Without Wilful Suppression A. Central Excise Act, 1944 — Section 35L — Maintainability of appeal before Supreme Court — Preliminary objection raised by Department that appeal does not come under Section 35L as issue had no relation to rate of duty or valuation — Held, issue raised regarding extended period of limitation on ground of non-inclusion of certain costs in assessable value has an inextricable link with valuation of goods for purposes of assessment — Issue raised in show cause notice fundamentally dealt with valuation of goods — Supreme Court declined to relegate matter to High Court after almost a decade of pendency — Preliminary objection rejected.
Accident

Motor Vehicles Act, 1988 — Section 166 — Claim Petition for death of bachelor — Selection of Multiplier — Multiplier to be determined based on age of deceased and not age of dependents/parents — Deceased was 33 years old at the time of accident — Correct multiplier applicable according to standardized matrix in Sarla Verma and Pranay Sethi is 16 — Argument of insurer that multiplier should correspond to age of parents rejected — MACT and High Court rightly applied multiplier of 16.

Sep 4, 2026 sclaw
Motor Vehicles Act, 1988 — Section 166 — Claim Petition for death of bachelor — Selection of Multiplier — Multiplier to be determined based on age of deceased and not age of dependents/parents — Deceased was 33 years old at the time of accident — Correct multiplier applicable according to standardized matrix in Sarla Verma and Pranay Sethi is 16 — Argument of insurer that multiplier should correspond to age of parents rejected — MACT and High Court rightly applied multiplier of 16.
Accident
Motor Vehicles Act, 1988 — Section 166 — Claim Petition for death of bachelor — Selection of Multiplier — Multiplier to be determined based on age of deceased and not age of dependents/parents — Deceased was 33 years old at the time of accident — Correct multiplier applicable according to standardized matrix in Sarla Verma and Pranay Sethi is 16 — Argument of insurer that multiplier should correspond to age of parents rejected — MACT and High Court rightly applied multiplier of 16.
Legal Representatives Can Claim Motor Accident Compensation Even Without Financial Dependency On Deceased
Accident
Legal Representatives Can Claim Motor Accident Compensation Even Without Financial Dependency On Deceased
Execution Of Unregistered Agreement To Sell Does Not Terminate Subsisting Landlord-Tenant Relationship Nor Entitle Tenant To Section 53A TP Act Protection A. Transfer of Property Act, 1882 — Section 111(e) & (f) — Landlord and Tenant — Determination of lease by express or implied surrender — Execution of agreement to sell by landlord in favour of tenant — Effect on jural relationship — Held, mere execution of an agreement to sell between landlord and tenant does not ipso facto determine the subsisting tenancy — Tenancy is determined only when terms of agreement or unequivocal conduct of parties disclose express or implied surrender — Where agreement to sell contained clause for cancellation and restoration of possession in case loan was not sanctioned, existing possession was referable to tenancy and not to agreement to sell — Landlord-tenant relationship continued to subsist.
Property Matters Transfer Of Property Act
Execution Of Unregistered Agreement To Sell Does Not Terminate Subsisting Landlord-Tenant Relationship Nor Entitle Tenant To Section 53A TP Act Protection A. Transfer of Property Act, 1882 — Section 111(e) & (f) — Landlord and Tenant — Determination of lease by express or implied surrender — Execution of agreement to sell by landlord in favour of tenant — Effect on jural relationship — Held, mere execution of an agreement to sell between landlord and tenant does not ipso facto determine the subsisting tenancy — Tenancy is determined only when terms of agreement or unequivocal conduct of parties disclose express or implied surrender — Where agreement to sell contained clause for cancellation and restoration of possession in case loan was not sanctioned, existing possession was referable to tenancy and not to agreement to sell — Landlord-tenant relationship continued to subsist.
Appellate Courts Should Not Remand Cases Under Order 41 Rule 23 CPC As A Matter Of Course When Sufficient Evidence Is Available On Record. A. Civil Procedure Code, 1908 (CPC) — Order 41 Rules 23 and 24 — Power of Appellate Court to remand — Remand of case to Trial Court for framing of additional issues and fresh evidence — Permissibility — High Court remitted suit regarding one item of property for framing issues on whether sale deed was sham, limitation, and possession — Held, remand is not to be adopted as a matter of ordinary course and reflects incorrect exercise of discretion when sufficient evidence is available on record — Issues already framed by Trial Court were comprehensive enough to cover core disputes — Appellate Court is fully empowered to decide issues on merits or admit additional evidence if warranted, rather than remitting matter to cause unnecessary delay — Remand set aside and appeals restored to High Court for fresh disposal on merits.
C P C
Appellate Courts Should Not Remand Cases Under Order 41 Rule 23 CPC As A Matter Of Course When Sufficient Evidence Is Available On Record. A. Civil Procedure Code, 1908 (CPC) — Order 41 Rules 23 and 24 — Power of Appellate Court to remand — Remand of case to Trial Court for framing of additional issues and fresh evidence — Permissibility — High Court remitted suit regarding one item of property for framing issues on whether sale deed was sham, limitation, and possession — Held, remand is not to be adopted as a matter of ordinary course and reflects incorrect exercise of discretion when sufficient evidence is available on record — Issues already framed by Trial Court were comprehensive enough to cover core disputes — Appellate Court is fully empowered to decide issues on merits or admit additional evidence if warranted, rather than remitting matter to cause unnecessary delay — Remand set aside and appeals restored to High Court for fresh disposal on merits.
Corporate

Andhra Pradesh Value Added Tax Act, 2005 – Section 31 – Constitution of India, 1950 – Article 226 – Assessment order – It is well settled that rejection of delay application by the appellate forum does not entail in merger of the assessment order with that order – Appeal allowed.  

May 8, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH ASSISTANT COMMISSIONER (CT) LTU, KAKINADA AND OTHERS — Appellant Vs. M/S. GLAXO SMITH KLINE CONSUMER HEALTH CARE LIMITED — Respondent ( Before :…

Electricity Act

Electricity Act, 2003 – Section 125 – Electricity Supply Act, 1948 – Section 43(A) – Determination of tariff for sale of electricity by the generating company to the Electricity Boards – Agreement between the parties was that interest on the sum of Rs. 53.90 crores was payable for the specified period 01.07.2003 to 31.12.2009 -Therefore, CLP’s claim that any amount was payable, for any period prior to 01.07.2003, was not tenable

May 8, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH CLP INDIA PRIVATE LIMITED — Appellant Vs. GUJARAT URJA VIKAS NIGAM LTD AND ANOTHER — Respondent ( Before : Arun Mishra, Vineet Saran and…

I P C

Penal Code, 1860 (IPC) – Sections 147, 148, 149, 300, 304, 304 Part I, 323, 307, 326 and 302 – Criminal Procedure Code, 1973 (CrPC) – Section 377(3) – Murder – Restoration of conviction – As the death of deceased was caused by the act of accused No. 5 giving one fatal blow on the head, which was with the intention of causing his death or causing such bodily injury as is likely to cause death, the case would be covered by Section 304 Part I, IPC. This Court disapprove that approach of the High Court – Appeal allowed.

May 8, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH STATE OF RAJASTHAN — Appellant Vs. MEHRAM AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Criminal Appeal…

Service Matters
Service

Constitution of India, 1950 – Articles 142 and 226 – Service Law – Recruitment – BSSC is directed to evaluate and publish the results afresh, in the light of the recommendations and report of the experts (constituted by this court) subject to care being taken by the BSSC and the Govt. of Bihar, not to disturb appointments made previously pursuant to the directions of the single judge

May 8, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH BIHAR STAFF SELECTION COMMISSION AND OTHERS — Appellant Vs. ARUN KUMAR AND OTHERS — Respondent ( Before : Rohinton Fali Nariman and S.…

Cr P C

Accused Can Challenge Conviction In Appeal Filed By The State Even If He Did Not Prefer A Formal Appeal: SC HELD The accused No. 5 (Mehram S/o Chhagna Ram) is justified in contending that it is open to the said accused to challenge the finding and order of conviction under Section 326/148, IPC recorded against him in the appeal filed by the State, assailing the impugned judgment of the High Court.

May 7, 2020 sclaw

Accused Can Challenge Conviction In Appeal Filed By The State Even If He Did Not Prefer A Formal Appeal: SC [Read Judgment] LIVELAW NEWS NETWORK 7 May 2020 11:09 AM…

C P C

Order XXIII Rule 3A CPC: Bar To File Separate Suit Challenging Compromise Decree Applies To Stranger Also: SC HELD Order XXIII Rule 3A CPC: Bar To File Separate Suit Challenging Compromise Decree Applies To Stranger Also: SC HELD Rule 3A of Order 23 CPC put a specific bar that no suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful. D/ MAY 06, 2020

May 6, 2020 sclaw

Order XXIII Rule 3A CPC: Bar To File Separate Suit Challenging Compromise Decree Applies To Stranger Also: SC [Read Judgment] Ashok Kini 6 May 2020 5:54 PM The Supreme Court…

Contempt

Sentence Order :: “Three Contemnors have no iota of Remorse & want to virtually hold Judiciary to Ransom”: SC sentences 3 lawyers to 3 Months Simple Imprisonment. Held “Keeping in view the COVID-19 pandemic and the lockdown conditions we direct that this sentence shall come into force after 16 weeks from today when the contemnors should surrender before the Secretary General of this Court to undergo the imprisonment.Otherwise, warrants for their arrest shall be issued,”

May 6, 2020 sclaw

“Three Contemnors have no iota of Remorse & want to virtually hold Judiciary to Ransom”: SC sentences 3 lawyers to 3 Months Imprisonment The Court has sentenced Vijay Kurle, Rashid…

SARFAESI

Constitution Bench : SARFEASI Act Applicable To Cooperative Banks : SC  HELD “The co­operative banks under the State legislation and multi­ State co­operative banks are ‘banks’ under section 2(1)(c) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002”, 2003 notification issued under the Banking Regulation Act 1949 by which co­operative bank was brought within the class of banks entitled to seek recourse to the provisions of the SARFAESI Act, VALID. Decided/May 05, 2020

May 5, 2020 sclaw

SARFEASI Act Applicable To Cooperative Banks : SC  LIVELAW NEWS NETWORK 5 May 2020 3:58 PM The Supreme Court has held that the Secularization and Reconstruction of Financial Assets and Enforcement…

You missed

Accident

Motor Vehicles Act, 1988 — Section 166 — Claim Petition for death of bachelor — Selection of Multiplier — Multiplier to be determined based on age of deceased and not age of dependents/parents — Deceased was 33 years old at the time of accident — Correct multiplier applicable according to standardized matrix in Sarla Verma and Pranay Sethi is 16 — Argument of insurer that multiplier should correspond to age of parents rejected — MACT and High Court rightly applied multiplier of 16.

Sep 4, 2026 sclaw
Accident

Legal Representatives Can Claim Motor Accident Compensation Even Without Financial Dependency On Deceased

Aug 16, 2026 sclaw
Property Matters Transfer Of Property Act

Execution Of Unregistered Agreement To Sell Does Not Terminate Subsisting Landlord-Tenant Relationship Nor Entitle Tenant To Section 53A TP Act Protection A. Transfer of Property Act, 1882 — Section 111(e) & (f) — Landlord and Tenant — Determination of lease by express or implied surrender — Execution of agreement to sell by landlord in favour of tenant — Effect on jural relationship — Held, mere execution of an agreement to sell between landlord and tenant does not ipso facto determine the subsisting tenancy — Tenancy is determined only when terms of agreement or unequivocal conduct of parties disclose express or implied surrender — Where agreement to sell contained clause for cancellation and restoration of possession in case loan was not sanctioned, existing possession was referable to tenancy and not to agreement to sell — Landlord-tenant relationship continued to subsist.

Aug 16, 2026 sclaw
C P C

Appellate Courts Should Not Remand Cases Under Order 41 Rule 23 CPC As A Matter Of Course When Sufficient Evidence Is Available On Record. A. Civil Procedure Code, 1908 (CPC) — Order 41 Rules 23 and 24 — Power of Appellate Court to remand — Remand of case to Trial Court for framing of additional issues and fresh evidence — Permissibility — High Court remitted suit regarding one item of property for framing issues on whether sale deed was sham, limitation, and possession — Held, remand is not to be adopted as a matter of ordinary course and reflects incorrect exercise of discretion when sufficient evidence is available on record — Issues already framed by Trial Court were comprehensive enough to cover core disputes — Appellate Court is fully empowered to decide issues on merits or admit additional evidence if warranted, rather than remitting matter to cause unnecessary delay — Remand set aside and appeals restored to High Court for fresh disposal on merits.

Aug 16, 2026 sclaw