REENA HAZARIKAversusSTATE OF ASSAM
2018 INSC 102931 October 2018Leave Granted & Allowed
The appellant, Reena Hazarika, was convicted under Section 302 IPC for allegedly killing her husband, based largely on circumstantial evidence and the "last seen" theory. On appeal, the Supreme Court examined whether the prosecution had established a continuous chain of circumstances that left no reasonable hypothesis …
HRD CORPORATION (MARCUS OIL AND CHEMICAL DIVISION)versusGAIL (INDIA) LIMITED (FORMERLY GAS AUTHORITY OF INDIA LTD.)
2017 INSC 83831 August 2017Dismissed
The dispute arose from a fourth arbitration between HRD Corporation and GAIL (India) Ltd. over a long‑term wax supply contract. The appellant challenged the appointments of two arbitrators, Justice K.K. Lahoti and Justice K. Doabia, invoking Sections 12 and 14 of the Arbitration and Conciliation Act, 1996, as amended i…
PARMANAND SINGH (D) THR. LRS.versusUNION OF INDIA AND ANR.
2017 INSC 83331 August 2017Appeal(s) allowed
The appellant, a descendant of former zamindars, claimed possession of about five acres of land since 1930. The State Government, on behalf of the Union of India, filed a suit under Section 180 of the United Provinces Tenancy Act, 1939, for recovery of possession and damages, which was later dismissed for default. Duri…
M/S. INNOVENTIVE INDUSTRLES LTD.versusICICI BANK & ANR.
2017 INSC 83731 August 2017Dismissed
Innoventive Industries Ltd., a corporate debtor, defaulted on its financial obligations and a financial creditor (ICICI Bank) filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC). The debtor argued that a notification under the Maharashtra Relief Undertakings (Special Provisions) Act, …
T.P. MURUGAN (DEAD) THR. LRS.versusBOJAN
2018 INSC 65531 July 2018Appeal(s) allowed
The appellants, former directors of Maanihada Tea Produce Company, invested capital and later resigned, demanding repayment of their shares. The respondent issued a promissory note and two cheques on 7 August 2002 to discharge the alleged liability, but later stopped payment, leading to complaints under Section 138 of …
VIJAY KUMAR JAINversusSTANDARD CHARTERED BANK & ORS.
2019 INSC 12231 January 2019Appeal(s) allowed
The appellant, a former director of Ruchi Soya Industries Ltd., challenged the refusal of the resolution professional to furnish resolution plans and related documents to members of the suspended Board of Directors during the corporate insolvency resolution process. The Supreme Court examined the statutory scheme under…
SUSHILA N. RUNGTA (D) LRS.versusTHE TAX RECOVERY OFFICER-16(2) AND ORS.
2018 INSC 102030 October 2018Appeal(s) allowed
The petitioners challenged a show‑cause notice issued under the Gold Control Rules, arguing that it should not survive the repeal of the Gold (Control) Act, 1968 by the Gold (Control) Repeal Act, 1990. The central issue was whether a repeal simpliciter without an explicit saving clause automatically invokes Section 6 o…
STAR INDIA PRIVATE LIMITEDversusDEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION & ORS.
2018 INSC 102230 October 2018Dismissed
Star India Private Limited challenged the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 and the accompanying Tariff Order, alleging that TRAI had overstepped its jurisdiction by regulating the content, pricing and packaging of TV channels, which they argued …
SUBED ALI AND OTHERSversusTHE STATE OF ASSAM
2020 INSC 56630 September 2020Dismissed
The State of Assam prosecuted Subed Ali and others for the murder of two men who were returning from a market on bicycles. The accused were alleged to have intercepted, assaulted, and killed the victims; one died on the spot and the other later in hospital. Five persons were originally charged, but two were acquitted o…
SAGAR SHARMA & ANR.versusPHOENIX ARC PVT. LTD. & ANR.
2019 INSC 109830 September 2019Appeal(s) allowed
The appellants challenged a petition filed by the respondent under Section 7 of the Insolvency and Bankruptcy Code (IBC) alleging a default of at least Rs.1,00,000. The lower tribunal had held that the IBC’s commencement on 1 December 2016 triggered the limitation period and applied Article 62 of the Limitation Act, tr…
B.B.M. ENTERPRISESversusTHE STATE OF WEST BENGAL AND ANR.
2020 INSC 47230 July 2020Disposed off
B.B.M. Enterprises obtained an arbitral award on 16 September 2009 for Rs. 1.38 crore plus interest and costs. The award was executed, but the award‑challenging petition under Section 34 of the Arbitration and Conciliation Act, 1996 was filed on 2 April 2010, well beyond the 120‑day limitation period. The District Judg…
THE STATE OF BIHAR & ORS.versusBIHAR RAJYA BHUMI VIKAS BANK SAMITI
2018 INSC 64830 July 2018Appeal(s) allowed
The appeal arose from a Section 34 petition challenging an arbitral award where the filing party had not issued the prior notice or filed the required affidavit under Section 34(5) of the Arbitration and Conciliation Act, 1996. The Patna High Court had held the provision mandatory and dismissed the petition, but the Su…
J K JUTE MILL MAZDOOR MORCHAversusJUGGILAL KAMLAPAT JUTE MILLS COMPANY LTD. THROUGH ITS DIRECTOR
2019 INSC 59530 April 2019Appeal(s) allowed
The appellant trade union filed a petition under Section 8 of the Insolvency and Bankruptcy Code, 2016 on behalf of about 3,000 workers seeking payment of outstanding dues from the respondent jute mill, which had been closed. The NCLT and subsequently the NCLAT dismissed the petition, holding that a trade union is not …
Y. SAVARIMUTHUversusSTATE OF TAMIL NADU & ORS.
2019 INSC 59230 April 2019Disposed off
The appellant, a government contractor, entered into an agreement with the State of Tamil Nadu to strengthen a highway. The contract was partially terminated by the Superintending Engineer on 16‑12‑1999 for alleged lack of progress, leading the appellant to file a writ petition (dismissed) and subsequently a civil suit…
MOONS TECHNOLOGIES LTD. (FORMERLY KNOWN AS FINANCIAL TECHNOLOGIES INDIA LTD.) & ORS.versusUNION OF INDIA
2019 INSC 59730 April 2019Disposed off
The Supreme Court examined the Central Government's order under Section 396 of the Companies Act, 1956 that compulsorily amalgamated 63 Moons Technologies Ltd. (FTIL) with its wholly‑owned subsidiary National Spot Exchange Ltd. (NSEL). The Court held that the order was ultra vires because the statutory conditions prece…
GANESH SHAMRAO ANDEKAR & ANR.versusSTATE OF MAHARASHTRA
2017 INSC 25030 March 2017Directions issued
The appellants, Ganesh and Avinash Andekar, were convicted of murder under Section 302 read with Section 34 of the IPC for the killing of their neighbour Raghunath, based on the testimony of the victim's daughter and wife who claimed to have witnessed the assault. The trial court had acquitted all accused, finding the …
AUTHORIZED OFFICER, STATE BANK OF TRAVANCORE AND ANOTHERversusMATHEW K. C.
2018 INSC 7130 January 2018Appeal(s) allowed
The appellant bank sought to set aside an interim order of the Kerala High Court that stayed proceedings under Section 13(4) of the SARFAESI Act after the borrower, Mathew K.C., filed a writ petition under Article 226 seeking regularisation of his loan. The Supreme Court examined whether the writ petition was maintaina…
TOFAN SINGHversusSTATE OF TAMIL NADU
2020 INSC 62029 October 2020Directions issued
The Supreme Court considered whether officers invested with powers under Section 53 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) are 'police officers' within the meaning of Section 25 of the Indian Evidence Act, 1872, and whether a statement recorded under Section 67 of the NDPS Act can be use…
THOMAS LAWRENCEversusTHE STATE OF KERALA & ORS.
2020 INSC 61729 October 2020Disposed off
The petitioner, Thomas Lawrence, filed a PIL alleging mass destruction of wetlands and a 10‑acre pond within the Technopark campus in Thiruvananthapuram. The National Green Tribunal (NGT) on 19 December 2018 directed the District Collector to take action within a month. The Collector, on 30 April 2019, issued an order …
M/S. CARAVEL SHIPPING SERVICES PVT. LTD.versusM/S. PREMIER SEA FOODS EXIM PVT. LTD.
2018 INSC 100829 October 2018Leave Granted & Allowed
The dispute arose from a multimodal transport Bill of Lading in which the respondent, Premier Sea Foods, filed a suit in Kochi to recover a sum, relying on the Bill of Lading as part of its cause of action. The appellant, Caravel Shipping Services, filed an application under Section 8 of the Arbitration and Conciliatio…
SWARAJ INFRASTRUCTURE PVT. LTD.versusKOTAK MAHINDRA BANK LTD.
2019 INSC 10829 January 2019Dismissed
The Supreme Court considered whether a secured creditor, Kotak Mahindra Bank, could file a winding‑up petition under the Companies Act, 1956 after obtaining a decree and recovery certificate from the Debts Recovery Tribunal. The petitioners argued that Sections 17, 18 and 34 of the Recovery of Debts Act barred the wind…
M/S DEEP INDUSTRIES LIMITEDversusOIL AND NATURAL GAS CORPORATION LIMITED & ANR.
2019 INSC 129928 November 2019Appeal(s) allowed
The appellant, Deep Industries Ltd, was contractually terminated by ONGC for allegedly supplying second‑hand equipment and was subsequently black‑listed for two years. The dispute was referred to arbitration, where the arbitrator stayed the blacklist order conditionally, and the first appeal under Section 37 was dismis…
MAHESHWAR TIGGAversusTHE STATE OF JHARKHAND
2020 INSC 56428 September 2020Appeal(s) allowed
Maheshwar Tigga was convicted by the trial court and the Jharkhand High Court for rape, voluntarily causing hurt and wrongful restraint under Sections 376, 323 and 341 IPC, based on the prosecutrix’s allegation that he assaulted her when she was a minor. The Supreme Court examined whether the prosecutrix was indeed a m…
PSA SICAL TERMINALS PVT. LTD.versusTHE BOARD OF TRUSTEES OF V.O. CHIDAMBRANAR PORT TRUST TUTICORIN AND OTHERS
2021 INSC 36528 July 2021Dismissed
The dispute arose from a BOT concession for the seventh berth at V.O. Chidambaranar Port, where PSA SICAL Terminals (SICAL) sought to replace a royalty payment model with a revenue‑sharing model, alleging a change in law under Article 14 of its licence agreement. The arbitral tribunal awarded SICAL relief, finding that…
VIDYA DROLIA & ORS.versusDURGA TRADING CORPORATION
2019 INSC 29028 February 2019Matter referred to larger bench
The parties entered into a ten‑year tenancy agreement for godowns that contained an arbitration clause. When the lease expired, the landlord sought possession and invoked the arbitration clause, appointing an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. The tenant appealed, arguing that th…
CHHANGA @ MANOJversusSTATE OF M. P.
2017 INSC 18628 February 2017Dismissed
The appellant, Chhanga (Manoj), was part of a four‑person group that hurled two bombs at a shop where an informant was present, causing only minor injuries because the bombs exploded at a distance. The appellant shouted "kill him" and was charged under Section 307 read with Section 34 of the Indian Penal Code for attem…
RAJAGOPALversusMUTHUPANDI @ THAVAKKALAI & ORS.
2017 INSC 19028 February 2017Appeal(s) allowed
Five accused attacked Rajagopal with deadly weapons, inflicting twelve serious injuries that led to the amputation of both his legs. Rajagopal, the injured eye‑witness, gave a detailed, uncontradicted testimony identifying each accused and describing the specific weapons used and injuries inflicted. The trial court con…
PARASA KOTESWARARAOversusEEDE SREE HARI & ORS.
2017 INSC 18728 February 2017Dismissed
The case involved the murder of a woman whose decapitated body was recovered in a gunny sack from a canal. The Sessions Court convicted the two accused brothers on the basis of alleged motive, a "last seen" theory, recovery of the body, their absconding and false information given to the victim's father, and sentenced …
HINDUSTAN CONSTRUCTION COMPANY LIMITED & ANR.DIA & ORS.versusUNION OF INDIA
2019 INSC 128927 November 2019Disposed off
The Supreme Court examined a batch of writ petitions filed by Hindustan Construction Company Ltd seeking to strike down Section 87 of the Arbitration and Conciliation (Amendment) Act, 2019 and the deletion of Section 26 of the 2015 Amendment, arguing that they revived an automatic‑stay of arbitral awards and removed th…
KAMAL KANT JAINversusSURINDER SINGH (D) THR. LRS.
2017 INSC 105727 October 2017Appeal(s) allowed
The appellant, Kamal Kant Jain, entered into an agreement to purchase a property from the respondent, Surinder Singh, based on an authorisation letter that allowed a power of attorney holder to sell the land. The agreement required payment of earnest money, and both the authorisation letter and the agreement contained …
JANAM SINGH KUDADA & ANR.versusSTATE OF BIHAR & ORS.
2019 INSC 95627 August 2019Disposed off
Janam Singh Kudada and another filed a suit seeking a declaration that they were owners of half of the disputed land. The trial court, applying Wilkinson's Rule, decreed the suit in favour of the plaintiffs for the entire property based on the majority award of the Panchayat. The plaintiffs appealed, arguing that the d…
COMMISSIONER OF INCOME TAX, KARNAL (HARYANA)versusM/S CARPET INDIA, PANIPAT (HARYANA)
2018 INSC 42327 August 2019Disposed off
The Commissioner of Income Tax, Karnal appealed against judgments of the High Court of Punjab and Haryana which had held that supporting manufacturers were entitled to the same deduction under Section 80HHC of the Income Tax Act as direct exporters, relying on the Baby Marine Exports decision. The Supreme Court examine…
MOTU CONTEMPT PETITION (CRL.) NO. 1 OF 2019 IN RE: MR. MATHEWS NEDUMPARAversus.
2019 INSC 40927 March 2019
The Supreme Court, hearing a suo motu contempt petition (CrL.) No.1 of 2019, affirmed that advocate Mathews J. Nedumpara had committed contempt of court for statements made in the face of the Court. He tendered an affidavit of apology and was sentenced to three months' imprisonment, suspended on condition of future goo…
DELHI DEVELOPMENT AUTHORITYversusVIRENDER LAL BAHRI & ORS.
2019 INSC 28727 February 2019Matter referred to larger bench
The Supreme Court examined the interpretation of the proviso in Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, to determine whether it applies to sub‑section 24(1)(b) or to 24(2). The petitioners (Delhi Development Authority) sought to conti…
MAHANAGAR TELEPHONE NIGAM LTD.versusTATA COMMUNICATIONS LTD.
2019 INSC 28627 February 2019Dismissed
Mahanagar Telephone Nigam Ltd. (MTNL) entered into a purchase order with Tata Communications Ltd. for last‑mile connectivity, the contract stipulating that liquidated damages for delay could not exceed 12% of the contract value. Tata billed MTNL Rs 2,15,25,512 for services rendered, but MTNL unilaterally deducted a lar…
VISHNU BHAGWAN AGRAWAL & ANR.versusNATIONAL INSURANCE CO. LTD.
2017 INSC 105426 October 2017Appeal(s) allowed
The appellant, Vishnu Bhagwan Agrawal, insured jute stock with National Insurance Co. and later purchased additional jute, seeking an increase in the sum insured. The insurer did not formally acknowledge the increase, leading to a dispute over whether the policy was effectively amended and whether the value of the jute…
NAVEEN KAUSHIKversusCENTRAL BUREAU OF INVESTIGATION
2018 INSC 41826 April 2018Disposed off
The Supreme Court heard a series of criminal appeals and special leave petitions filed by Naveen Kaushik against the Central Bureau of Investigation under the Prevention of Corruption Act, 1988. The principal issue concerned the interpretation of Section 19(3)(c) of the Act, which the Court revisited in light of its re…
JOSEPH EASWARAN WAPSHARE & ORS.versusSHIRLEY KATHELEEN WHEELER
2019 INSC 27726 February 2019Appeal(s) allowed
The appellant, Joseph Easwaran Wapshare, obtained a Succession Certificate under Section 372 of the Indian Succession Act, 1925, as the son and lineal descendant of the intestate Gorden Wapshare. The respondent, Shirley Katheleen Wheeler, who is the daughter of Beatrice (the wife of Edward Wapshare, Gorden's brother), …
AARISH ASGAR QURESHIversusFAREED AHMED QURESHI & ANR.
2019 INSC 27026 February 2019Appeal(s) allowed
The appeal arose from matrimonial proceedings where the husband alleged his wife had an extramarital affair and made those averments in anticipatory bail applications before the Sessions Court and the High Court. The High Court held that the statements were false, found a prima facie case of perjury under Section 340 o…
CHANDANA DAS (MALAKAR)versusTHE STATE OF WEST BENGAL & ORS.
2014 INSC 62325 September 2019Appeal(s) allowed
The Supreme Court examined whether Khalsa Girls High School, a Sikh‑run school in West Bengal, qualifies as a linguistic minority institution under Article 30 of the Constitution and consequently whether Rule 28 of the 1969 Management Rules governs its teacher appointments. The Court held that the school was founded by…
JIGNESH SHAH & ANR.versusUNION OF INDIA & ANR.
2019 INSC 108025 September 2019Disposed off
The petitioners, shareholders of La‑Fin Financial Services Pvt. Ltd., challenged a winding‑up petition filed by IL&FS under Section 433(e) of the Companies Act, 1956, which had been transferred to the NCLT as a Section 7 application under the Insolvency and Bankruptcy Code, 2016. The dispute arose from a 2009 share pur…
ASIAN RESURFACING OF ROAD AGENCY P. LTD. AND ANR.versusCENTRAL BUREAU OF INVESTIGATION
2018 INSC 41325 April 2018Disposed off
Asian Resurfacing of Road Agency Ltd. and another appealed to the Supreme Court against a Delhi High Court order that stayed the framing of a charge under Section 19(3)(c) of the Prevention of Corruption Act, 1988. The principal issue was whether the High Court had jurisdiction to grant such a stay in a challenge to th…
AGRICULTURAL INCOME TAX OFFICER &ANR.versusGOODRICKE GROUP LTD. &ANR.
2015 INSC 25825 March 2015Disposed off
The Agricultural Income Tax Officer appealed against a Calcutta High Court order that granted a refund of rural employment cess and education cess paid by tea estate owners, together with 12% interest, for periods before the West Bengal Taxation Laws (Second Amendment) Act, 1989. The Supreme Court examined whether the …
RAM VIJAY SINGHversusSTATE OF UTTAR PRADESH CRIMINAL APPEAL NO. 175 OF 2021 FEBRUARY 25, 2021
2021 INSC 12025 February 2021Dismissed
The appellant, Ram Vijay Singh, was convicted under IPC s.302 r/w s.34 for murder and claimed he was a juvenile at the time of the 20 July 1982 incident. He relied on a 1982 High Court bail order based on a radiologist’s report, an alleged age of 15½‑17½ years, and an arms‑licence application showing a birth date of 30…
UTTAR HARYANA BIJLI VITRAN NIGAM LTD [UHBVNL]. & ANRversusADANI POWER LTD. & ORS.
2019 INSC 26125 February 2019Dismissed
The dispute concerned whether Adani Power Ltd. was entitled to an adjustment in its monthly tariff payments – including carrying costs – after the Ministry of Commerce and Industry withdrew SEZ duty and service‑tax exemptions in 2015‑16. The parties relied on Article 13 of their Power Purchase Agreements, which provide…
SWISS RIBBONS PVT. LTD. & ANR.versusUNION OF INDIA & ORS.
2019 INSC 9525 January 2019Disposed off
The Supreme Court examined the constitutional validity of several provisions of the Insolvency and Bankruptcy Code, 2016, including the classification of financial versus operational creditors, the powers of the resolution professional, the evidentiary status of private information utilities, and the requirements of Se…
ASSISTANT DIRECTOR OF INCOME TAX-I, NEW DELHIversusMIS. E-FUNDS IT SOLUTION INC.
2017 INSC 104824 October 2017Dismissed
The Supreme Court examined whether two US‑incorporated companies, eFunds Corp. and eFunds IT Solutions Inc., had a permanent establishment (PE) in India under the India‑US Double Taxation Avoidance Agreement (DTAA). The Revenue argued that a fixed place of business, a service PE, and an agency PE existed through the In…
HEERA LAL AND ANR.versusSTATE OF RAJASTHAN
2017 INSC 39024 April 2017Appeal(s) allowed
The wife, Lalita, committed suicide within five years of her marriage, alleging daily quarrels and dowry demands by her mother‑in‑law and father‑in‑law. A dying declaration recorded by a Sub‑Divisional Magistrate detailed the harassment and the in‑laws’ presence at the time of the act. The trial court acquitted the acc…
COMPETITION COMMISSION OF INDIAversusM/S FAST WAY TRANSMISSION PVT. LTD.
2018 INSC 5424 January 2018Appeal(s) allowed
The Competition Commission of India (CCI) appealed against a penalty imposed on four Multi System Operators (MSOs) for terminating a cable‑TV broadcast agreement with a news channel, Day & Night News, alleging abuse of dominant position. The MSOs held about 85% of the cable‑TV subscriber base in Punjab and Chandigarh, …
DIRECTOR OF INCOME TAX, CIRCLE 26(1) NEW DELHIversusS.R.M.B. DAIRY FARMING (P) LTD.
2017 INSC 113523 November 2017Dismissed
The Supreme Court examined whether Income Tax Circular No. 3 of 2011, which bars filing of High Court appeals where the tax impact is below Rs 10 lakh, applies retrospectively to appeals already pending before the circular came into force. The Court noted divergent views among High Courts and considered the National Li…
NIKESH TARACHAND SHAHversusUNION OF INDIA & ANR.
2017 INSC 113723 November 2017Disposed off
The Supreme Court examined the constitutional validity of Section 45(1) of the Prevention of Money Laundering Act, 2002, which imposes two additional conditions for granting bail when the offence involves a scheduled offence punishable with imprisonment of more than three years under Part A of the Schedule. The Court h…
GOVIND PRASAD SHARMA & ORS.versusDOON VALLEY OFFICERS COOPERATIVE HOUSING SOCIETY LTD
2017 INSC 79323 August 2017Disposed off
The appellants challenged the admission of a demarcation report prepared by a government agency during conciliation proceedings against the respondent. The High Court had allowed the report as evidence, but the Supreme Court examined whether this contravened Sections 75 and 81 of the Arbitration and Conciliation Act, 1…
SHYAM SUNDER AGARWALversusP. NAROTHAM RAO AND ORS.
2018 INSC 63323 July 2018Disposed off
The dispute arose from a 2005 Memorandum of Understanding for the sale of shares, where Clause 12 referred to "Mediators/Arbitrators" making decisions on breaches. The appellant contended that Clause 12 constituted an arbitration clause under the Arbitration and Conciliation Act, 1996. The Court examined Clauses 6, 8, …
VINOD KRISHAN KHANNA & ORS.versusAMRITSAR SWADESHI WOOLLEN MILLS PRIVATE LIMITED
2021 INSC 11023 February 2021Disposed off
The appellants, holding 14.62% of the paid‑up share capital of Amritsar Swadeshi Woollen Mills Pvt. Ltd., filed a company petition under ss. 397 and 398 of the Companies Act, 1956 seeking to sell their shares. An independent valuer fixed the fair price at Rs 10.35 per share as of the petition filing date (14‑03‑2007). …
VIDARBHA IRRIGATION DEVELOPMENT CORPORATIONversusM/S ANOJ KUMAR AGARWALA & ORS.
2019 INSC 8323 January 2019Disposed off
The Vidarbha Irrigation Development Corporation issued a tender for canal earthwork requiring a bank guarantee valid for 40 months. Respondent No.2 submitted the lowest bid but furnished a bank guarantee for only six months, later extending it by 34 months. The corporation accepted the bid despite the deviation. The Su…
M/S. INDIAN FARMERS FERTILIZER CO-OPERATIVE LIMITEDversusM/S BHADRA PRODUCTS
2018 INSC 5323 January 2018Appeal(s) allowed
The appellant, Indian Farmers Fertilizer Co‑operative Ltd., issued a tender for defoamers which was won by the respondent, Bhadra Products. After the respondent supplied the goods, a payment dispute arose and the parties went to arbitration. The sole arbitrator first decided the issue of limitation, holding the claim w…
STATE OF KERALA & ANR. ETC. ETC.versusM/S RDS PROJECT LIMITED & ORS. ETC. ETC.
2020 INSC 55922 September 2020Appeal(s) allowed
The State of Kerala ordered the demolition and reconstruction of the Palarivattom flyover after a High Level Committee, comprising senior engineers, accepted Dr. E. Sreedharan's recommendation that a new structure would guarantee a 100‑year service life, despite earlier reports from IIT Madras suggesting repair with ca…
SHIV RAJ GUPTAversusCOMMISSIONER OF INCOME-TAX, DELHI-IV
2020 INSC 46122 July 2020Appeal(s) allowed
Shiv Raj Gupta, former chairman and MD of Central Distillery and Breweries Ltd., sold his controlling shareholding to the Shaw Wallace Company (SWC) group and received Rs 6.6 crore as a non‑competition fee under a deed of covenant. The Assessing Officer treated the payment as taxable under s.28(ii)(a) of the Income Tax…
DIRECTOR OF INCOME TAX-II (INTERNATIONAL TAXATION) NEW DELHI & ANR.versusM/S. SAMSUNG HEAVY INDUSTRIES CO. LTD.
2020 INSC 46022 July 2020Dismissed
The case concerned a turnkey contract awarded by ONGC to a consortium that included Samsung Heavy Industries (Korea). Samsung opened a project office in Mumbai to coordinate the Vasai East Development Project. The tax authorities treated the office as a permanent establishment (PE) under Article 5(1) of the India‑Korea…
M/S LION ENGINEERING CONSULTANTSversusSTATE OF M.P. & ORS.
[2018] 6 S.C.R. 68322 March 2018Disposed off
The dispute concerned the execution of a works contract which was referred to an arbitrator who awarded in favour of M/s Lion Engineering Consultants. The State of Madhya Pradesh challenged the award under Section 34 of the Arbitration and Conciliation Act, 1996 and sought to amend its objections after three years, whi…
THE STATE OF BIHAR & ORS.versusM/S BRAHMAPUTRA INFRASTRUCTURE LIMITED
[2018] 6 S.C.R. 96222 March 2018Dismissed
The State of Bihar challenged the appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, arguing that the Bihar Public Works Contracts Arbitration Tribunal Act, 2008 excluded the Central Act for works contracts. The parties had a contract dated 22 June 2012 containing an arbitra…
HAKEEM KHAN & ORS.versusSTATE OF M.P.
2017 INSC 25422 March 2017Appeal(s) allowed
The case arose from a violent clash during a panchayat election in Sehore, Madhya Pradesh, where a group of accused, armed with lathis and fasris, attacked members of the complainant party, resulting in one death and several injuries. The trial court acquitted all seventeen accused, reasoning that the incident occurred…
ESSAR BULK TERMINAL LIMITED & ANR.versusSTATE OF GUJARAT & ORS.
2018 INSC 18722 February 2018Dismissed
Essar Bulk Terminal Ltd. challenged a Gujarat Government notification expanding Hazira port limits under Section 5 of the Indian Ports Act, claiming it would affect land it had reclaimed for its captive jetty. The Supreme Court held that the notification was issued in public interest and was within the statutory power,…
MAHARASHTRA SEAMLESS LIMITEDversusPADMANABHAN VENKATESH & ORS.
2020 INSC 7622 January 2020Appeal(s) allowed
The Supreme Court examined a corporate insolvency resolution process (CIRP) involving United Seamless Tubular Private Ltd., where the successful resolution applicant, Maharashtra Seamless Ltd. (MSL), had offered an upfront payment of Rs. 477 crore, which was below the average liquidation value of Rs. 597.54 crore deter…
FORECH INDIA LTD.versusEDELWEISS ASSETS RECONSTRUCTION CO. LTD.
2019 INSC 7722 January 2019Disposed off
Forech India Ltd. filed a winding‑up petition in the Delhi High Court in 2014 against a company, serving notice under Rule 26 of the Companies (Court) Rules. Later, a financial creditor (Respondent No.1) filed an insolvency petition under Section 7 of the Insolvency & Bankruptcy Code (IBC) before the NCLT, which was ad…
MOBILOX INNOVATIONS PRIVATE LIMITEDversusKIRUSA SOFTWARE PRIVATE LIMITED
2017 INSC 97521 September 2017Appeal(s) allowed
Mobilox Innovations Pvt Ltd, an operational creditor, filed an application under the Insolvency and Bankruptcy Code, 2016 (IBC) seeking initiation of corporate insolvency against Kirusa Software Pvt Ltd for an unpaid operational debt of Rs.20,08,202.55. The corporate debtor raised a dispute, alleging breach of a non‑di…
M. D. FROZEN FOODS EXPORTS PVT. LTD. & ORS.versusHERO FINCORP LTD.
2017 INSC 97621 September 2017Dismissed
The appellants borrowed money from the respondent, securing the loan with seven immovable properties. Their loan account was declared a non‑performing asset and the parties’ contract contained an arbitration clause, leading the respondent to initiate arbitration while also issuing notices under Section 13 of the SARFAE…
M/S SHANTI FRAGRANCESversusUNION OF INDIA AND ORS.
2017 INSC 97121 September 2017Hearing Adjourned
The appeal concerned the taxability of pan masala containing tobacco (gutka) under the Delhi Sales Tax Act, 1975, the U.P. Trade Tax Act, 1948 and the Tamil Nadu General Sales Tax Act, 1959. The central issue was whether the specific entry introducing "Pan Masala and Gutka" in the rate schedule overrode the general exe…
ANANT SON OF SIDHESHWAR DUKREversusPRATAP SON OF ZHAMNNAPPA LAMZANE & ANOTHER
2018 INSC 73821 August 2018Appeal(s) allowed
The appellant, a 29‑year‑old driver earning Rs 8,500 per month, was injured in a motor‑vehicle collision that left him with 75% permanent disability, causing loss of livelihood. He claimed compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded a lump‑sum of Rs 7,00,000, which the Hi…
SEJAL GLASS LTD.versusNAVILAN MERCHANTS PVT. LTD.
2017 INSC 78321 August 2017Disposed off
Sejal Glass Ltd. filed a civil suit seeking a money decree and recovery of TDS from Navilan Merchants Pvt. Ltd. and its directors. The defendants moved an application under Order VII Rule 11 of the CPC, claiming the plaint disclosed no cause of action against the directors and seeking bifurcation of the suit. The trial…
V. SREERAMA CHANDRA AVADHANI (D) BY LRS.versusSHAIK ABDUL RAHIM AND ANR.
2014 INSC 55521 August 2014Appeal(s) allowed
Sheikh Hussein executed a gift deed on 26‑04‑1952 gifting an immovable property to his wife Banu Bibi. The deed contained conditions restricting alienation and stipulating that the property would revert to the donor or his heirs if Banu Bibi had no children. After Banu Bibi sold the property to V. Sreeramachandra Avadh…
RAGINI DWIVEDI @ GINI @ RAGSversusTHE STATE OF KARNATAKA
2021 INSC 3821 January 2021
Actress Ragini Dwivedi was arrested after a police search of her residence, which yielded only electronic devices and cigarettes, no narcotics. The prosecution relied on a statement by B.K. Ravishankar and alleged that she consumed drugs at parties, invoking Section 37 of the NDPS Act to deny bail, citing a total seizu…
KEISHAM MEGHACHANDRA SINGHversusTHE HON’BLE SPEAKER MANIPUR LEGISLATIVE ASSEMBLY & ORS.
2020 INSC 6521 January 2020Disposed off
The 2017 Manipur Legislative Assembly election produced a hung house; the Congress‑nominated MLA (Respondent No.3) joined a BJP‑led government and was sworn in as a minister. Thirteen disqualification petitions were filed under paragraph 2(1)(a) of the Tenth Schedule, but the Speaker failed to decide them for over two …
STANDARD CHARTERED BANKversusMSTC LIMITED
2020 INSC 7221 January 2020Appeal(s) allowed
Standard Chartered Bank filed a Section 19 application before the Debt Recovery Tribunal (DRT) to recover a debt of about Rs 191 crore from MSTC Limited. After the DRT allowed an intervening application, the respondent appealed, withdrew the appeal, and then filed a review petition under Rule 5A, which was dismissed fo…
M/S EMKAY GLOBAL FINANCIAL SERVICES LTD.versusGIRDHAR SONDHI
2018 INSC 72420 August 2018Appeal(s) allowed
The dispute arose between M/s Emkay Global Financial Services Ltd., a broker on the National Stock Exchange (NSE), and its client Giradhar Sondhi over securities transactions. An arbitration under NSE bye‑laws was held in Delhi, resulting in an award rejecting Sondhi’s claim. Sondhi filed a Section 34 application in th…
THE PROJECT DIRECTOR, NATIONAL HIGHWAYS NO. 45 E AND 220 NATIONAL HIGHWAYS AUTHORITY OF INDIAversusM. HAKEEM & ANR.
2021 INSC 34420 July 2021Dismissed
The appeal concerned awards of compensation under the National Highways Act, where the amount was fixed by an arbitrator appointed by the Central Government. The petitioners argued that Section 34 of the Arbitration and Conciliation Act, 1996 should allow the court to modify such awards, especially where the award was …
UNION OF INDIAversusRAJENDRA N. SHAH AND ANOTHER
2021 INSC 34020 July 2021Disposed off
The Union of India challenged the Constitution (Ninety‑Seventh Amendment) Act, 2011 which inserted Part IXB (Arts.243ZH‑243ZT) on cooperative societies, arguing that it curtails the exclusive legislative power of States under Entry 32, List II and therefore required ratification by at least half of the States under Art…
RELIANCE CELLULOSE PRODUCTS LTD.versusOIL AND NATURAL GAS CORPORATION LTD.
2018 INSC 62320 July 2018Disposed off
Reliance Cellulose Products Ltd. and ONGC entered into a contract for supply of CMC. A dispute arose over the price, which was referred to arbitration. The arbitrator fixed a higher price and awarded pre‑reference, pendente‑lite and future interest at 18% per annum. The Civil Judge reduced the interest to 10% and the G…
PASL WIND SOLUTIONS PRIVATE LIMITEDversusGE POWER CONVERSION INDIA PRIVATE LIMITED
2021 INSC 26420 April 2021Disposed off
PASL Wind Solutions and GE Power Conversion India, both Indian companies, entered a settlement agreement that provided for arbitration under ICC rules with the seat in Zurich and the substantive law of India. A dispute over warranty claims was arbitrated, the arbitrator held the seat to be Zurich (with hearings in Mumb…
BHARAT HEAVY ELECTRICALS LTD.versusMAHENDRA PRASAD JAKHMOLA & ORS.
2019 INSC 24420 February 2019Appeal(s) allowed
The Supreme Court examined whether Bharat Heavy Electricals Ltd. (BHEL) was subject to the 24‑April‑1990 notification issued under the Contract Labour (Regulation and Abolition) Act, 1970, and whether the workmen who were engaged through contractors were direct employees of BHEL. The Court held that BHEL’s Haridwar ope…
RELIANCE COMMUNICATION LIMITED & ORS.versusSTATE BANK OF INDIA & ORS.
2019 INSC 24220 February 2019
The Supreme Court heard three contempt petitions filed by Ericsson India Pvt. Ltd. against Reliance Communications Ltd., Reliance Telecom Ltd. and Reliance Infratel Ltd. (collectively the Reliance Companies) for failing to honour a settlement of INR 550 crore that was ordered to be paid by 30 September 2018, with a lat…
SANKALP RECREATION PRIVATE LIMITEDversusUNION OF INDIA & ORS.
2019 INSC 106019 September 2019Dismissed
The Union of India acquired a 1053.5 sq.m. property in Mumbai under Section 269UD(1) of the Income Tax Act, but successive auctions from 1994 to 2017 failed to attract a buyer. Sankalp Recreation Private Limited (appellant) offered Rs.32.11 crore, which was rejected, and later bid Rs.30.21 crore—above the Rs.30 crore r…
UNION OF INDIA & ANR.versusTARSEM SINGH & ORS.
2019 INSC 99619 September 2019Disposed off
The Supreme Court examined whether Section 3J of the National Highways Act, 1956, which excludes the Land Acquisition Act's provisions on solatium and interest, violates Article 14 of the Constitution. The Court held that solatium is an integral part of compensation for compulsory acquisition and that the 1997 amendmen…
AVITEL POST STUDIOZ LIMITED & ORS.versusHSBC PI HOLDINGS (MAURITIUS) LIMITED
2020 INSC 49819 August 2020Disposed off
Avitel Post Studioz Ltd and its promoters invested USD 60 million in HSBC based on alleged representations that Avitel would secure a lucrative BBC contract, which later proved to be fictitious. HSBC obtained interim awards and a foreign final award from a Singapore tribunal finding the appellants liable for fraudulent…
DECCAN PAPER MILLS CO. LTD.versusREGENCY MAHAVIR PROPERTIES & ORS.
2020 INSC 49719 August 2020Dismissed
Deccan Paper Mills entered into a development agreement with Ashray, which was later assigned to Regency Mahavir Properties containing an arbitration clause. Deccan alleged fraud by a partner of Regency and filed a suit under the Specific Relief Act, seeking cancellation of the 2006 agreement and a deed of confirmation…
M/S ESSEL INFRA PROJECTS LTD. THROUGH ITS AUTHORIZED REPRESENTATIVEversusSTATE OF MADHYA PRADESH ACTING THROUGH ITS DIRECTOR
2018 INSC 36819 April 2018Disposed off
M/s Essel Infra Projects Ltd. appealed against the State of Madhya Pradesh seeking directions for speedy disposal of proceedings under the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, alleging that tribunal cases were taking up to five years. The Supreme Court examined the object of the legislation, which is t…
GOVERNMENT OF MAHARASHTRA (WATER RESOURCES DEPARTMENT) REPRESENTED BY EXECUTIVE ENGINEERversusM/S BORSE BROTHERS ENGINEERS & CONTRACTORS PVT. LTD.
2021 INSC 19419 March 2021Disposed off
The Supreme Court examined whether Section 5 of the Limitation Act, 1963 applies to appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996, especially when those appeals are governed by Articles 116, 117 of the Limitation Act or by Section 13(1A) of the Commercial Courts Act, 2015. It overruled th…
VITHALDAS JAGANNATH KHATRI (DEAD) THROUGH SMT. SHAKUNTALA ALIAS SUSHMA & ORS.versusTHE STATE OF MAHARASHTRA REVENUE AND FOREST DEPARTMENT & ORS.
2020 INSC 20719 February 2020Appeal(s) allowed
The appellant, the heirs of the late Vithaldas Jagannath Khatri, challenged a declaration that 59 acres 35 guntas of their agricultural land were surplus under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. The dispute centred on a partition deed dated 31‑01‑1970, executed before the statutory cut‑…
MR. RAJENDRA K. BHUTTAversusMAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY THROUGH ITS CHAIRMAN & ANR.
2020 INSC 21419 February 2020Appeal(s) allowed
The Supreme Court examined whether Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 bars the Maharashtra Housing and Area Development Authority (MHADA) from taking possession of land that was licensed to a corporate debtor under a Tripartite Joint Development Agreement during the moratorium period. The corp…
MANISH KUMARversusUNION OF INDIA AND ANOTHER
2021 INSC 2819 January 2021Dismissed
The petitioners challenged Sections 3, 4, and 10 of the Insolvency and Bankruptcy Code (Amendment) Act, 2020, which introduced threshold requirements for allottees and certain financial creditors to initiate corporate insolvency resolution process (CIRP), clarified that a corporate debtor can initiate CIRP against anot…
M/S. GALAXY TRANSPORT AGENCIES, CONTRACTORS, TRADERS, TRANSPORTS AND SUPPLIERSversusM/S. NEW J.K. ROADWAYS, FLEET OWNERS AND TRANSPORT CONTRACTORS & ORS.
2020 INSC 71218 December 2020Disposed off
The Inspector General of Police, Kashmir Zone invited e‑tenders for supplying commercial vehicles. The appellant, Galaxy Transport, satisfied the technical criteria and was awarded the contract as the lowest bidder, while respondent JK Roadways was disqualified. JK Roadways challenged the award, arguing that the tender…
GAURAV HARGOVINDBHAI DAVEversusASSET RECONSTRUCTION COMPANY (INDIA) LTD. & ANR.
2019 INSC 105118 September 2019Appeal(s) allowed
The appellant sought to initiate a corporate insolvency proceeding under Section 7 of the Insolvency and Bankruptcy Code (IBC) to recover a debt that had become due on 21 July 2011. The National Company Law Tribunal (NCLT) admitted the application, applying Article 62 of the Limitation Act, 1963, which pertains to suit…
VASANT GANPAT PADAVE (D) BY LRS. & ORS .versusANANT MAHADEV SAWANT (D) THROUGH LRS. & ORS
2018 INSC 120318 September 2019Appeal(s) allowed
The appellants, long‑time tenants of a parcel of agricultural land, sought to exercise their statutory right to purchase the land after the landlord, a widow, died and her interest passed to her heir. The lower courts held that the tenants had lost the right because they failed to give the required intimation under Sec…
MAGMA GENERAL INSURANCE CO. LTD.versusNANU RAM ALIAS CHUHRU RAM & ORS.
2018 INSC 82818 September 2018Leave Granted & Disposed off
The deceased, a 24‑year‑old self‑employed motorcyclist, was killed when his bike was struck by a car driven by respondent No.3. The father and sister of the deceased filed a claim under Section 166 of the Motor Vehicles Act, 1988 for compensation, which was initially awarded by the MACT at Rs.3,39,208. The Punjab & Har…
GLAXO SMITHKLINE PHARMACEUTICALS LTD. & ANR.versusUNION OF INDIA & ORS.
2017 INSC 63518 July 2017Appeal(s) allowed
GlaxoSmithKline Pharmaceuticals Ltd., a manufacturer of the bulk drug Betamethasone Disodium Phosphate, was granted an exemption under paragraph 28 of the Drugs (Prices Control) Order, 1987, valid up to 31‑December‑1994. After the exemption expired, the Union of India issued a show‑cause notice alleging that the compan…
STATE OF MADHYA PRADESH AND ANR.versusM/S. KETI CONSTRUCTION
2018 INSC 36018 April 2018Disposed off
The State of Madhya Pradesh and others filed a civil appeal (No. 4016 of 2018) challenging the High Court's dismissal of a revision petition filed by M/s Keti Construction. The appeal hinged on the applicability of a precedent set in Va Tech Escher Wyass Flovel Ltd. v. MPSE Board, which the High Court had relied upon. …
MADHYA PRADESH RURAL ROAD DEVELOPMENTAUTHORITY AND ANR.versusBACKBONE ENTERPRISES LIMITED AND ANR.
2018 INSC 36018 April 2018
The Supreme Court considered an appeal by the Madhya Pradesh Rural Road Development Authority challenging a High Court order that had invoked Section 11 of the Arbitration and Conciliation Act, 1996 to adjudicate a dispute. The dispute concerned the applicability of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1…
PURI CONSTRUCTIONS PVT. LTD.versusSTATE OF MADHYA PRADESH & ORS.
2018 INSC 36018 April 2018
Puri Constructions entered into a 1984 agreement to construct an assembly building in Madhya Pradesh. A dispute led the Delhi High Court to appoint an arbitrator who rendered an award in 1989, which was later made a rule of court and executed in 1991. The appellant appealed the execution, and the Delhi High Court linke…
M/S GANGOTRI ENTERPRISES LTD.versusMADHYA PRADESH ROAD DEVELOPMENT CORPORATION AND ANR.
2018 INSC 36018 April 2018Disposed off
The Supreme Court considered an appeal by M/s Gangotri Enterprises Ltd. against the Madhya Pradesh Road Development Corporation concerning the interpretation of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983. The Court clarified that the term “ascertained money” in Section 2(d) includes not only amounts alrea…
STATE OF MADHYA PRADESH & ANR.versusASHOKA INFRAWAYS LTD. & ANR.
2018 INSC 36018 April 2018Disposed off
The State of Madhya Pradesh appealed against an order of the Madhya Pradesh High Court that relied on an earlier judgment concerning the jurisdiction of arbitration tribunals under the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983. The Supreme Court observed that the earlier High Court judgment had been overrule…
MADHYA PRADESH RURAL ROAD DEVELOPMENT AUTHORITY AND ANR.versusBACKBONE ENTERPRISES LIMITED AND ANR.
2018 INSC 36018 April 2018Disposed off
The Madhya Pradesh Rural Road Development Authority filed a civil appeal against Backbone Enterprises Limited challenging the High Court's order that relied on the Va Tech judgment to decide the jurisdiction of the arbitration tribunal. The Supreme Court observed that the Va Tech decision (Va Tech Escher Wyass Flovel L…
STATE OF CHHATTISGARH AND ANR.versusM/S. KMC CONSTRUCTION LIMITED
2018 INSC 36018 April 2018Disposed off
The State of Chhattisgarh appealed against an order of the High Court that had directed the parties to approach the Arbitration and Conciliation Act, 1996 for resolution of a dispute with M/S KMC Construction Limited. The Supreme Court examined whether the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (MP Act) c…
TAMIL NADU POLLUTION CONTROL BOARDversusSTERLITE INDUSTRIES (I) LTD. & ORS.
2019 INSC 22018 February 2019Disposed off
The Supreme Court examined whether the National Green Tribunal (NGT) could entertain direct appeals (leapfrog appeals) against original orders of the Tamil Nadu Pollution Control Board (TNPCB) under the Air and Water Acts, specifically the refusal to renew consent for Sterlite Industries' copper smelter. The Court held…
NATIONAL TRAVEL SERVICESversusCOMMISSIONER OF INCOME TAX, DELHI, VIII
2018 INSC 3518 January 2018Matter referred to larger bench
National Travel Services, a partnership firm, obtained a loan from Jetair Private Ltd and subscribed to its equity in the names of two partners, who were registered shareholders holding 48.19% of the shares but held them for the benefit of the firm. The firm challenged whether Section 2(22)(e) of the Income Tax Act, as…
AMERICAN METALLURGICAL COAL PTY LTD.versusMMTC LTD.
2020 INSC 70517 December 2020Appeal(s) allowed
The case involved an international commercial arbitration under a Long‑Term Agreement for the supply of coking coal between Anglo American Metallurgical Coal Pty Ltd (appellant) and MMTC Ltd (respondent). The arbitral tribunal held that MMTC breached the contract by failing to lift 454,034 MT of coal at the agreed pric…
G H SHREE CHAITANYA CONSTRUCTIONSversusSUDHIR POONAMCHAND PARAKH & ORS.
2019 INSC 77317 July 2019Appeal(s) allowed
The plaintiff, Shree Chaitanya Constructions, filed a suit for specific performance against eight members of a family. The trial court rejected the suit and ordered a refund; the plaintiff appealed. The High Court set aside the trial court’s order and decreed specific performance, but the respondent (Defendant No.5) la…
SEELAN @ JEYASEELANversusTHE INSPECTOR OF POLICE
2020 INSC 70316 December 2020Dismissed
The petitioner, Seelan @ Jeyaseelan, was convicted for raping a six‑year‑old girl. He filed a Special Leave Petition contending that the charge was framed only under Section 376(1) of the Indian Penal Code, which does not carry the mandatory ten‑year minimum punishment prescribed in Section 376(2)(f). The Supreme Court…
STATE BANK OF INDIAversusSANTOSH GUPTA AND ANR. ETC.
2016 INSC 115716 December 2016Appeal(s) allowed
The Supreme Court examined whether the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) could be applied in the State of Jammu & Kashmir. The High Court had held that key provisions of SARFAESI were ultra‑vires Parliament because they conflicted with Sectio…
COUNCIL OF THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIAversusSHRI GURVINDER SINGH & ANR.
2018 INSC 107116 November 2018Leave Granted & Disposed off
The Council of the Institute of Chartered Accountants of India filed a complaint against Chartered Accountant Gurvinder Singh for allegedly selling 100 shares and transferring them to his own name, an act that was settled between the parties but nevertheless proceeded before the Disciplinary Committee. The Committee fo…
HARI MOHAN SHARMA & ANR.versusCHARANJEET SINGH REKHI & ORS. ETC.
2018 INSC 106716 November 2018Appeal(s) allowed
The plaintiff filed two suits for specific performance against Charanjeet Singh Rekhi (deceased) and his wife Manjit Kaur, claiming they were parties to a sale agreement. Two other individuals, also named Charanjeet Singh Rekhi from Moradabad and Uttarakhand, filed Interlocutory Applications asserting that they were th…
CHIEF SECRETARY TO THE GOVT., CHENNAI TAMILNADU AND OTHERS ETC.versusANIMAL WELFARE BOARD AND ANOTHER ETC.
[2016] 8 S.C.R. 47716 November 2016Dismissed
The Supreme Court examined the constitutionality of the Tamil Nadu Regulation of Jallikattu Act, 2009, which permits the traditional bull-taming sport of Jallikattu. The Court held that the Act collides with the Prevention of Cruelty to Animals Act, 1960 because it allows the taming of bulls for entertainment, contrary…
STATE OF U.P.versusSUDHIR KUMAR SINGH AND ORS.
2020 INSC 60316 October 2020Disposed off
The Uttar Pradesh State Warehousing Corporation repeatedly cancelled e‑tenders for handling and transport of foodgrains, eventually terminating the contract awarded to Sudhir Kumar Singh (Respondent No.1). Singh filed a writ petition under Art.226 challenging the cancellation, alleging a breach of the audi alteram part…
HARIBHAI MALAVIYA AND ORS.versusTHE STATE OF GUJARAT AND ANR.
2019 INSC 114616 October 2019Disposed off
An FIR alleging land‑grab and extortion was filed in 2009, leading to a police investigation and a charge‑sheet. After the magistrate took cognizance and issued summons, the accused applied under s.173(8) CrPC for further investigation and for the magistrate to order a fresh FIR; the magistrate rejected these applicati…
NEETU KUMAR NAGAICHversusTHE STATE OF RAJASTHAN AND OTHERS
2020 INSC 54916 September 2020Case Allowed
Neetu Kumar Nagaich, the mother of a 21‑year‑old law student who died under suspicious circumstances, filed a writ petition under Article 32 seeking a de novo investigation of the homicide after alleging serious deficiencies in the Rajasthan police investigation and the filing of a closure report. The Supreme Court not…
JUGUT RAMversusTHE STATE OF CHHATTISGARH
2020 INSC 54716 September 2020Appeal(s) allowed
The appellant, Jugut Ram, was convicted under Section 302 IPC for murder after assaulting the deceased with a lathi during a land dispute, the victim dying a day later. He appealed, arguing that a lathi is a common village implement and that the prosecution failed to prove an intention to cause death, relying on relate…
TERAPALLI DYVASAHATA KUMARversusS.M. KANTHA RAJU (DEAD) THR. LRS. & ANR.
2017 INSC 74816 August 2017Appeal(s) allowed
The appellant, Terapalli Dyvasahata Kumar, filed a petition under Section 23 of the Andhra Pradesh Societies Registration Act, 2001, seeking declarations and injunctions concerning the management of a society. The District Court allowed the petition, holding that "District Court concerned" should be interpreted using t…
AZIZIA BEE @ SHAIK MUJEEB (D) THR. LRS.versusGOVT. OF A.P. & ORS.
2017 INSC 74916 August 2017Disposed off
The petitioners claimed ownership of land in Survey No. 129/45/D, Hyderabad, based on a 1961 compromise decree and a 1962 sale deed in favour of their mother. The State Government had recommended issuance of supplementary sethwars for this parcel. The land had been caught up in urban land ceiling proceedings, but both …
M/S. R. K. INDUSTRIES (UNIT-II) LLPversusS.C/S.T SHIPBREAKERS ASSOCIATION & ORS.
2019 INSC 76816 July 2019Appeal(s) allowed
The Gujarat Maritime Board issued a tender to auction eight vacant ship‑recycling plots, reserving four for ST and two for SC candidates. The SC/ST Shipbreakers Association challenged the reservation, arguing that the 2015 Regulations required reservation to be calculated on the total number of plots (20) rather than t…
BHARAT BROADBAND NETWORK LIMITEDversusUNITED TELECOMS LIMITED
2019 INSC 53716 April 2019Appeal(s) allowed
The Supreme Court examined whether the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 could be invoked to validate an arbitrator who had become ineligible under the Seventh Schedule. The Court held that the proviso applies only when, after a dispute arises, the parties execute an express written…
TRANSMISSION CORPORATION OF ANDHRA PRADESH LTD. AND OTHERSversusM/S. GMR VEMAGIRI POWER GENERATION LTD. AND ANOTHER
2018 INSC 16216 February 2018Appeal(s) allowed
The appellant, Transmission Corporation of Andhra Pradesh Ltd., challenged the respondent GMR Vemagiri Power Generation Ltd.'s use of Regasified Liquefied Natural Gas (RLNG) under a Power Purchase Agreement (PPA) originally amended to specify "fuel" as "natural gas only". The Supreme Court examined whether the term "fu…
JAYANT VERMA & ORS.versusUNION OF INDIA & ORS.
2018 INSC 15916 February 2018Directions issued
The petition challenged the constitutional validity of Section 21A of the Banking Regulation Act, 1949, which bars courts from reopening bank loan transactions on the ground of excessive interest. The petitioners argued that the provision violated Article 14 and undermined State Debt Relief Acts that provide relief to …
SAMIR AGRAWALversusCOMPETITION COMMISSION OF INDIA & ORS.
2020 INSC 70015 December 2020Disposed off
Samir Agrawal, an independent law practitioner, filed an information under Section 26(2) of the Competition Act, 2002 alleging that Ola and Uber engaged in price‑fixing and resale price maintenance through their algorithmic pricing. The Competition Commission of India (CCI) dismissed the complaint, finding no prima fac…
ACTION ISPAT AND POWER PVT. LTD.versusSHYAM METALICS AND ENERGY LTD.
2020 INSC 69915 December 2020Dismissed
Action Ispat and Power Pvt. Ltd. filed a winding‑up petition against Shyam Metalics and Energy Ltd. for unpaid dues. The Company Judge admitted the petition, appointed an Official Liquidator and seized the appellant's premises. State Bank of India, a secured creditor, filed an IBC application and sought transfer of the…
UNION OF INDIA AND ANR.versusPFIZER LIMITED AND ORS.
2017 INSC 124815 December 2017Disposed off
The Supreme Court examined whether the Central Government must obtain prior advice from the Drugs Technical Advisory Board (DTAB) before invoking the power under Section 26A of the Drugs and Cosmetics Act, 1940 to prohibit, restrict or regulate a drug or cosmetic in public interest. The Court held that Section 26A is a…
MACQUARIE BANK LIMITEDversusSHILPI CABLE TECHNOLOGIES LTD.
2017 INSC 124115 December 2017Appeal(s) allowed
The Supreme Court examined two pivotal questions arising under the Insolvency and Bankruptcy Code, 2016: (i) whether the requirement in Section 9(3)(c) to attach a certificate from the financial institution confirming non‑payment of an operational debt is a mandatory condition precedent, and (ii) whether a demand notic…
COMMITTEE OF CREDITORS OF ESSAR STEEL INDIA LIMITED THROUGH AUTHORISED SIGNATORYversusSATISH KUMAR GUPTA & ORS.
2019 INSC 125615 November 2019Disposed off
The Supreme Court examined the corporate insolvency resolution of Essar Steel India Ltd, where ArcelorMittal's resolution plan was approved by the Committee of Creditors (CoC) but later altered by the NCLAT, which imposed an equal treatment rule for all creditors and re‑distributed payments. The Court held that the CoC…
ASSET RECONSTRUCTION COMPANY (INDIA) LIMITEDversusBISHAL JAISWAL & ANR.
2021 INSC 25415 April 2021Disposed off
The Asset Reconstruction Company (India) Ltd., a consortium of lenders, filed a Section 7 application before the NCLT seeking initiation of corporate insolvency proceedings against Corporate Power Ltd. after the latter defaulted on its loans. The NCLT admitted the application, relying on entries in the debtor's balance…
VIIT PHARMACY COLLEGE AND ANOTHERversusDR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND ANOTHER
2021 INSC 25515 April 2021Case Allowed
The petitioners, two pharmacy colleges, obtained approval from the Pharmacy Council of India (PCI) in April 2020 to run first‑year B.Pharm courses for 2020‑21. The Uttar Pradesh government later issued a policy limiting pharmacy colleges to two per district, which the petitioners successfully challenged in the Allahaba…
SUSHILABEN INDRAVADAN GANDHI & ANR.versusTHE NEW INDIA ASSURANCE COMPANY LIMITED & ORS.
2020 INSC 33615 April 2020Appeal(s) allowed
The appellant, Sushilaben Gandhi, claimed compensation under a Motor Vehicles Act claim for the death of her husband, Dr. Alpesh I. Gandhi, who died in a bus accident owned by the Rotary Eye Institute. The insurer, New India Assurance, denied liability invoking a limitation of liability clause that excludes deaths occu…
SECUNDERABAD CANTONMENT BOARDversusM/S B. RAMACHANDRAIAH & SONS
2021 INSC 18615 March 2021Appeal(s) allowed
The Secunderabad Cantonment Board entered three contracts with M/s B. Ramachandraiah & Sons that contained arbitration clauses. After final payments were made in early 2003, the contractor sought reimbursement for price variations and, in November 2006, demanded the appointment of an arbitrator, reiterating the demand …
PT. BATESWARI DAYAL MISHR SHIKSHAversusMADHYA PRADESH NURSES REGISTRATION COUNCIL & ORS.
2019 INSC 38815 March 2019Dismissed
The appellant, a society running Dayal Nursing College, Gwalior, which has been offering B.Sc (Nursing) since 2006, applied for recognition to run B.Sc and M.Sc (Nursing) courses for the 2018‑19 academic session. The Madhya Pradesh Nurses Registration Council (SNRC) rejected the application on the ground that the onlin…
BOARD OF CONTROL FOR CRICKET IN INDIAversusKOCHI CRICKET PVT. LTD. AND ETC.
2018 INSC 23815 March 2018Dismissed
The Board of Control for Cricket in India filed a Section 34 challenge to arbitral awards dated June 2015, and the award creditors sought execution. The award debtor argued that the pre‑amended Section 36 imposed an automatic stay on execution until the Section 34 petition was decided, while the High Court applied the …
SIDDARAJUversusSTATE OF KARNATAKA & ORS.
2020 INSC 3615 January 2020Disposed off
The Supreme Court considered a batch of cases concerning whether persons with disabilities (PWD) are entitled to reservation in promotion under the Persons with Disabilities Act, 1995. The petitioners argued that the 2005 Office Memorandum limiting reservation in promotion and the principle in Indra Sawhney v. Union of…
M/S SAM BUILT WELL PVT. LTD.versusDEEPAK BUILDERS & ORS.
2017 INSC 123214 December 2017Appeal(s) allowed
The dispute concerned a notice inviting tenders (NIT) for constructing an educational campus, which required bidders to have completed similar large‑scale projects. Respondent No. I was found ineligible by three expert committees, a finding upheld by the Single Judge of the High Court. The Division Bench, however, set …
INDIAN OIL CORPORATION LIMITEDversusSTATE OF BIHAR & ANR.
2017 INSC 110914 November 2017Disposed off
Indian Oil Corporation Limited (IOCL) imports crude oil into Bihar, refines it and sells petroleum products to two oil marketing companies (BPCL and HPCL) and to local retailers. IOCL pays Entry Tax when the products enter the Patna local area but claims that Value Added Tax (VAT) should be set off against this Entry T…
CHRISOMAR CORPORATIONversusMJR STEELS PRIVATE LIMITED & ANR.
2017 INSC 90514 September 2017Appeal(s) allowed
Chrisomar Corporation supplied bunkers to the vessel M.V. Nikolaos‑S owned by Third Element Enterprises and sued for unpaid invoices, leading to the vessel's arrest. The parties entered a settlement on 18 January 2000, but the vessel was re‑arrested on 2 May 2000 when payment was still outstanding. Respondent No. 1 (MJ…
K. KISHANversusM/S VIJAY NIRMAN COMPANY PVT. LTD.
2018 INSC 71014 August 2018Appeal(s) allowed
The appellant (KCPL) challenged a Section 9 petition filed by the respondent (Vijay Nirman) which sought to treat an arbitral award as an undisputed operational debt. The award, favouring the respondent, was under challenge in a Section 34 petition under the Arbitration and Conciliation Act. The Supreme Court held that…
STATE BANK OF INDIAversusV. RAMAKRISHNAN & ANR.
2018 INSC 71114 August 2018Appeal(s) allowed
State Bank of India (SBI) sought recovery of a loan from a corporate debtor whose managing director, V. Ramakrishnan, had also given a personal guarantee. After the corporate debtor defaulted, SBI invoked SARFAESI provisions and the debtor filed an insolvency petition under the Insolvency and Bankruptcy Code (IBC) 2016…
THE DIRECTOR GENERAL (ROAD DEVELOPMENT) NATIONAL HIGHWAYS AUTHORITY OF INDIAversusAAM AADMI LOKMANCH & ORS.
2020 INSC 45214 July 2020Disposed off
The case arose from a tragic landslide on a National Highway caused by over‑mining and hill‑cutting, which killed a woman and her daughter. The National Green Tribunal (NGT) had ordered the National Highways Authority of India (NHAI) and the miner to pay a joint penalty, compensation to the victims' heirs and to fund a…
ARJUN PANDITRAO KHOTKARversusKAILASH KUSHANRAO GORANTYAL AND ORS.
2020 INSC 45314 July 2020Dismissed
The appellant, Arjun Panditrao Khotkar, was elected to the Maharashtra Legislative Assembly but his election was challenged on the ground that two of his nomination papers were filed after the statutory deadline. The High Court relied on video recordings of the Returning Officer's office, produced by the Election Commi…
MANMOHAN ATTAVARversusNEELAM MANMOHAN ATTAVAR
2017 INSC 61814 July 2017Appeal(s) allowed
The appellant, Manmohan Attavar, contested an ex‑parte interim order of the Karnataka High Court that allowed the respondent, Neelam Manmohan Attavar, to occupy his Bengaluru premises under the Protection of Women from Domestic Violence Act, 2005. The respondent claimed to be the appellant’s wife/companion and sought a…
CHINTALAPATI SRINIVASA RAJUversusSECURITIES AND EXCHANGE BOARD OF INDIA
2018 INSC 51014 May 2018Disposed off
The Supreme Court examined multiple appeals arising from the Satyam scandal, where the appellant, Chintalapati Srinivasa Raju, a former executive and non‑executive director of Satyam Computer Services Ltd (SCSL) and co‑brother of its chairman, was shown cause for insider trading under SEBI (Prohibition of Insider Tradi…
SIDDHARTH CHATURVEDIversusSECURITIES AND EXCHANGE BOARD OF INDIA
2016 INSC 26014 March 2016Matter referred to larger bench
The appellants were penalised by SEBI for alleged insider‑trading violations involving small share transactions. They contended that the penalty was excessive because the default was merely technical, with no disproportionate gain, loss, or repetitive nature, and argued that Section 15A (as amended in 2002) must be rea…
SIRAJUL HOQUEversusTHE STATE OF ASSAM & ORS.
2019 INSC 19914 February 2019Appeal(s) allowed
The appellant, Sirajul Hoque, was declared a foreigner by the Foreigner's Tribunal on the ground of a discrepancy in his grandfather's name and the fact that his father later resided in a different village. The High Court upheld this declaration, holding that the appellant's written statement was inadequate and failed …
M/S. DAFFODILLS PHARMACEUTICALS & ANR.V. STATE OF U.P. & ANR.versusSTATE OF U.P. & ANR
2019 INSC 136613 December 2019Appeal(s) allowed
M/s Daffodills Pharmaceuticals, a bidder for a state tender to supply medicines, was barred from any local procurement by an order dated 21‑08‑2015 issued by the Principal Secretary, Government of Uttar Pradesh, on the ground that a FIR and CBI inquiry existed against a former director. Daffodills contended that the cr…
M/S SHRIRAM EPC LIMITEDversusRIOGLASS SOLAR SA
2018 INSC 81613 September 2018Dismissed
The parties obtained an ICC arbitral award in London ordering RioGlass Solar to pay Shriram EPC Ltd €4.36 million. Shriram filed a petition under Section 47 of the Arbitration and Conciliation Act, 1996 to enforce the foreign award in India, while RioGlass contended that the award was unenforceable because it had not b…
LAUREL ENERGETICS PVT. LTD.versusSECURITIES AND EXCHANGE BOARD OF INDIA
2017 INSC 61613 July 2017Dismissed
Laurel Energetics Pvt. Ltd. (appellant) acquired 18% of Rattan India Infrastructure Ltd., the target company, in July 2014 at Rs 6.30 per share. In October 2015 it made an open offer to acquire the remaining shares at Rs 3.20 per share. SEBI held that the acquisition was not exempt under Regulation 10 of the SEBI Subst…
LALDHARI MISTRI (DEAD) THR. LRS. & ANR.versusVIJAY KUMAR
2017 INSC 61113 July 2017Appeal(s) allowed
The dispute involved a residential house in Munger, Bihar, owned by Hira Mistry, whose eviction decree against tenant Surendra Narayan Sinha was eventually reversed. An agreement to sell the house to Vijay Kumar was executed in 1983 while eviction proceedings were pending, leading to a specific‑performance suit in 1986…
GHANASHYAM MISHRA AND SONS PRIVATE LIMITED THROUGH THE AUTHORIZED SIGNATORYversusEDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED THROUGH THE DIRECTOR & ORS.
2021 INSC 25013 April 2021Appeal(s) allowed
The Supreme Court considered the corporate insolvency case of Orissa Manganese & Minerals Ltd., where the National Company Law Tribunal approved a resolution plan submitted by GMSPL. The Court examined whether, after approval of a resolution plan under Section 31 of the Insolvency and Bankruptcy Code (I&B Code), the pl…
M/S. INOX RENEWABLES LTD.versusJAYESH ELECTRICALS LTD.
2021 INSC 25113 April 2021Disposed off
Inox Renewables Ltd entered into a purchase order with Jayesh Electricals Ltd containing an arbitration clause that designated Jaipur as the venue of arbitration. The parties later mutually agreed to shift the arbitration venue to Ahmedabad, which the arbitrator recorded in the award. A Section 34 petition was filed in…
RAMBABU SINGH THAKURversusSUNIL ARORA & ORS.
2020 INSC 17713 February 2020Disposed off
The petitioners alleged that political parties had failed to comply with the Supreme Court’s directions in Public Interest Foundation v. Union of India, which required disclosure of pending criminal cases of candidates. The Court examined data showing a rise in the proportion of MPs with criminal cases and noted the pa…
ONGC EMPLOYEES MAZDOOR SABHAversusTHE EXECUTIVE DIRECTOR BASIN MANAGER, OIL & NATURAL GAS CORPORATION (INDIA) LTD.
2020 INSC 18113 February 2020Appeal(s) allowed
Between 1999 and 2001 ONGC appointed about 800 workers on four‑year term contracts without prior public advertisement. The Employees Majdoor Sabha sought regularisation of 577 such term employees and, after failed conciliation, the Central Government referred the dispute on 21‑December‑2004 under the Industrial Dispute…
VIJAY KARIA & ORS.versusPRYSMIAN CAVI E SISTEMI SRL & ORS.
2020 INSC 17813 February 2020Dismissed
The Supreme Court dismissed the appeals of Vijay Karia and others against the Bombay High Court’s order enforcing four LCIA awards arising from a joint‑venture dispute with Prysmian Cavi E Sistemi SRL. The Court held that none of the grounds pleaded under Section 48 of the Arbitration and Conciliation Act, 1996 – inclu…
M/S. RDB TEXTILES LTD.versusCOMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, KOLKATA-IV COMMISSIONERATE
2018 INSC 13713 February 2018Appeal(s) allowed
M/S RDB Textiles Ltd. manufactured jute bags for the Food Corporation of India, state governments and other agencies for use in the Public Distribution System. The Central Excise authorities denied exemption under Notification 30/2004, claiming that the bags bore a "brand name" because they displayed the buyer's name, …
JAIPUR METALS & ELECTRICALS EMPLOYEES ORGANIZATION THROUGH GENERAL SECRETARY MR. TEJ RAM MEENAversusJAIPUR METALS & ELECTRICALS LTD. THROUGH ITS MANAGING DIRECTOR & ORS.
2018 INSC 119612 December 2018Leave granted
The employees' union of Jaipur Metals & Electricals Ltd challenged a High Court order that refused to transfer winding‑up proceedings, filed under Section 20 of the Sick Industrial Companies Act, to the National Company Law Tribunal (NCLT) and set aside an NCLT order admitting a Section 7 insolvency application by Alch…
FEDERATION OF HOTEL AND RESTAURANT ASSOCIATIONS OF INDIAversusUNION OF INDIA AND ORS.
2017 INSC 121712 December 2017Appeal(s) allowed
The Federation of Hotel and Restaurant Associations of India challenged the applicability of the Standards of Weights and Measures Act, 1976, its 1985 Enforcement Act and the Legal Metrology Act, 2009 to the sale of packaged water bottles served in hotels and restaurants at prices above the printed MRP. The Single Judg…
BIKRAMJIT SINGHversusTHE STATE OF PUNJAB
2020 INSC 58912 October 2020Appeal(s) allowed
A hand grenade attack at a public gathering in Amritsar resulted in three deaths and 22 serious injuries. Bikramjit Singh was arrested, remanded to custody, and after 90 days (which expired on 21‑02‑2019) he applied for default bail; the Sub‑Divisional Judicial Magistrate dismissed the application, claiming he had alre…
FERRODOUS ESTATES (PVT.) LTD.versusP. GOPIRATHNAM (DEAD) & ORS.
2020 INSC 58612 October 2020Appeal(s) allowed
Ferro... Ltd. entered into a 1980 agreement to sell land to the defendants, which required the vendor to obtain permission under the Tamil Nadu Urban Land (Ceiling & Regulation) Act, 1978. The defendants failed to secure the permission, prompting the appellant to sue for specific performance. The High Court initially g…
G H PAM DEVELOPMENTS PRIVATE LTD.versusSTATE OF WEST BENGAL
2019 INSC 75512 July 2019Appeal(s) allowed
The appellant, Pam Developments Private Ltd., was awarded a sum of Rs.2.87 crore by an arbitrator in a dispute with the State of West Bengal over a highway repair contract, but the award remained unpaid. The State filed a Section 34 petition challenging the award and later sought a stay of its operation under the amend…
ANANT SINGH @ ANANT KUMAR SINGHversusTHE STATE OF BIHAR AND ORS.
2017 INSC 34212 April 2017Appeal(s) allowed
The appellant, a convicted history‑sheeter, was first detained under the Bihar Control of Crimes Act, 1981 on 5 September 2016. That order was revoked on 17 September 2016, and a second detention order was issued on 21 September 2016 on the same grounds that existed before the revocation. The appellant challenged the s…
STATE OF GOA & ANR.versusFOUZIYA IMTIAZ SHAIKH & ANR.
2021 INSC 17912 March 2021Disposed off
The State of Goa appointed its Law Secretary as State Election Commissioner (SEC) to oversee municipal elections that had been postponed due to COVID‑19. The SEC, acting under this dual role, issued a reservation order on 4 February 2021 and a subsequent election schedule, which were challenged in writ petitions allegi…
NATIONAL LAWYERS CAMPAIGN FOR JUDICIAL TRANSPARENCY AND REFORMS & ORS.versusUNION OF INDIA & ORS.
2019 INSC 35312 March 2019Dismissed
The Supreme Court examined the conduct of advocate Mathews J. Nedumpara, who repeatedly insulted and attempted to browbeat judges during proceedings, and held that such behaviour amounts to contempt in the face of the Court. The Court noted his prior disruptive conduct before tribunals and the Bombay High Court, conclu…
INCOME TAX OFFICER, MUMBAIversusVENKATESH PREMISES COOPERATIVE SOCIETY LTD.
2018 INSC 23212 March 2018Disposed off
The Supreme Court examined whether receipts such as non‑occupancy charges, transfer charges and common‑amenity‑fund contributions received by a premises cooperative society from its members are taxable as business income or exempt under the doctrine of mutuality. The Court held that the doctrine of mutuality, based on …
USHA ANANTHASUBRAMANIANversusUNION OF INDIA
2020 INSC 17612 February 2020Appeal(s) allowed
Usha Anandhasubramanian, former MD & CEO of Punjab National Bank, was subject to a CBI charge sheet for alleged negligence in preventing the Nirav Modi fraud. The NCLT, and subsequently the NCLAT, ordered a freeze of her assets under Sections 241, 337 and 339 of the Companies Act, 1956, invoking the Tribunal's power to…
M/S SCG CONTRACTS INDIA PVT. LTD.versusK. S. CHAMANKAR INFRASTRUCTURE PVT. LTD. & ORS.
2019 INSC 18712 February 2019Appeal(s) allowed
In a commercial suit, the plaintiff sought recovery of Rs. 6.94 crore. The defendant was served on 14 July 2017 but failed to file a written statement within the statutory 120‑day period. The trial court initially extended time to 15 December 2017 on condition of payment of costs, and later, despite the amendment to th…
THE MAVILAYI SERVICE COOPERATIVE BANK LTD. & ORS.versusCOMMISSIONER OF INCOME TAX, CALICUT & ANR.
2021 INSC 1712 January 2021Disposed off
The Supreme Court examined whether cooperative societies registered as primary agricultural credit societies under the Kerala Co‑operative Societies Act could claim deduction under section 80P(2)(a)(i) of the Income‑Tax Act after the insertion of section 80P(4) by the Finance Act, 2006. The Court held that the deductio…
B.K. EDUCATIONAL SERVICES PRIVATE LIMITEDversusPARAG GUPTA AND ASSOCIATES
2018 INSC 95611 October 2018
The Supreme Court considered an appeal by B.K. Educational Services Pvt. Ltd. challenging the applicability of the Limitation Act, 1963 to applications under Sections 7 and 9 of the Insolvency and Bankruptcy Code (IBC) and the retrospective effect of the newly inserted Section 238A. The Court examined the Insolvency La…
VEDANTA LTD.versusSHENZEN SHANDONG NUCLEAR POWER CONSTRUCTION CO. LTD.
2018 INSC 95911 October 2018Leave Granted & Disposed off
Vedanta Ltd entered into four EPC contracts with Shenzen Shandong Nuclear Power Construction Co. Ltd for a 210‑MW co‑generation plant. After termination of the contracts, the Chinese company invoked the arbitration clause and obtained an award granting sums in INR and EUR, with interest at 9% for the first 120 days and…
M/S PSA MUMBAI INVESTMENTS PTE. LIMITEDversusTHE BOARD OF TRUSTEES OF THE JAWAHARLAL NEHRU PORT TRUST AND ANR.
2018 INSC 80611 September 2018Leave Granted & Allowed
The Jawaharlal Nehru Port Trust (JNPT) issued a Request for Qualification and a Request for Proposal for a container terminal project. A consortium comprising PSA Mumbai Investments and another company qualified, received a Letter of Award (LOA) which was later withdrawn after the second member exited the bid. JNPT cla…
M.M. AQUA TECHNOLOGIES LTD.versusCOMMISSIONER OF INCOME TAX, DELHI-III
2021 INSC 39711 August 2021Leave Granted & Allowed
M.M. Aqua Technologies Ltd., unable to meet interest obligations on loans, entered a rehabilitation plan and issued convertible debentures to financial institutions in lieu of the interest due. The company claimed a deduction under Section 43B(d) of the Income Tax Act, 1961, arguing that the issuance of debentures cons…
DEVENDRA PATHAK SARVODAYA COLLEGE OF EDUCATIONversusNATIONAL COUNCIL FOR TEACHER EDUCATION AND ORS.
2021 INSC 39611 August 2021
The petitioners, a group of teacher‑training colleges, applied to the National Council for Teacher Education (NCTE) for recognition to run B.Ed. and D.El.Ed. programmes for the Academic Session 2021‑2022. Although the NCTE, after inspecting infrastructure and satisfying all statutory norms, granted recognition only for…
M/S ICOMM TELE LTD.versusPUNJAB STATE WATER SUPPLY & SEWERAGE BOARD & ANR.
2019 INSC 34111 March 2019Appeal(s) allowed
M/S ICOMM TELE Ltd. was awarded a water supply contract by the Punjab State Water Supply & Sewerage Board, which contained an arbitration clause requiring a 10% "deposit-at-call" before invoking arbitration. The company challenged this clause as arbitrary, discriminatory, and violative of Article 14 of the Constitution…
CHINTELS INDIA LTD.versusBHAYANA BUILDERS PVT. LTD.
2021 INSC 7611 February 2021Appeal(s) allowed
Chintels India Ltd. filed an application under section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award, but the single judge of the Delhi High Court refused to condone the delay in filing the application and dismissed it. The appellant challenged that order by invoking section 37(1)(c) o…
COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE, GOAversusM/S ADANI EXPORTS LTD.
2020 INSC 16411 February 2020Disposed off
The Commissioner of Customs and Central Excise, Goa appealed against M/s Adani Exports Ltd. challenging a High Court decision on an application under Section 130A of the Customs Act, 1962. The issue was whether the High Court is statutorily obliged to call for a statement of the case from the Appellate Tribunal before …
BGS SGS SOMA JVversusNHPC LTD.
2019 INSC 134910 December 2019Appeal(s) allowed
The petitioners BGS SGS SOMA JV sought to enforce an arbitral award concerning a hydro‑electric project, while the respondent NHPC Ltd filed a Section 34 petition in the Faridabad court to set aside the award. The petitioners applied under Section 151 CPC to have the petition returned to the appropriate court, and the …
BRAJESH SINGHversusSUNIL ARORA & ORS.
2021 INSC 38810 August 2021Disposed off
The Supreme Court entertained a contempt petition filed by Brajesh Singh alleging that several political parties wilfully disobeyed the Court's order dated 13‑02‑2020, which required parties to disclose the criminal antecedents of their candidates and the reasons for their selection, within 48 hours of nomination. The …
GEMINI BAY TRANSCRIPTION PVT. LTD.versusINTEGRATED SALES SERVICE LTD. & ANR.
2021 INSC 39210 August 2021Dismissed
The Supreme Court examined whether a foreign arbitral award could be enforced against entities that were not signatories to the underlying arbitration agreement in a dispute between a Hong Kong representative (ISS) and an Indian company (DMC) over commission payments. The Court held that Section 47(1)(c) of the Arbitra…
KAY BOUVET ENGINEERING LTD.versusOVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMITED
2021 INSC 39410 August 2021Appeal(s) allowed
Kay Bouvet Engineering Ltd. (appellant) contested a Section 9 petition filed by Overseas Infrastructure Alliance (India) Private Ltd. (respondent) which sought initiation of corporate insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 (IBC). The dispute centred on an advance payment of Rs 47.12 crore…
B. VIJAYA BHARATHIversusP. SAVITRI & ORS.
2017 INSC 73410 August 2017Dismissed
The plaintiff entered into an agreement to sell a property with the first defendant, paying two‑thirds of the price in advance and agreeing that the defendant would execute a General Power of Attorney for the plaintiff's husband. On 13 March 1992 the defendant repudiated this by refusing to register the Power of Attorn…
NATIONAL HIGHWAYS AUTHORITY OFversusGAYATRI JHANSI ROADWAYS LIMITED
2019 INSC 74410 July 2019Disposed off
The National Highways Authority of India (NHAI) and Gayatri Jhansi Roadways Limited entered into a 2006 contract that contained a detailed fee schedule for arbitrators. After a dispute arose in 2017, NHAI invoked a newer NHAI circular (dated 01‑06‑2017) that amended the fee amounts, while the arbitral tribunal, relying…
R LAKSHMIKANTHAMversusDEVARAJI
2019 INSC 74710 July 2019Appeal(s) allowed
The parties entered into a sale agreement for a suit property at Rs.3.65 lakh, with the buyer paying an advance and Rs.60,000, while the seller was to clear the mortgage and deliver title documents before the balance could be paid. The buyer sent registered letters and a legal notice urging the seller to fulfill his ob…
SRI ANTHONY ALIAS ANTHONY SWAMYversusTHE MANAGING DIRECTOR, K.S.R.T.C.
2020 INSC 42110 June 2020Appeal(s) allowed
The appellant, a painter, was injured in a bus accident caused by the driver’s negligence, resulting in amputation of his left leg. The Motor Accident Claims Tribunal awarded Rs 4,08,850 as compensation, which the Karnataka High Court enhanced to Rs 5,10,350. The appellant contended that the award was grossly inadequat…
MUKUL SHARMAversusORION INDIA (P) LTD. THROUGH ITS MANAGING DIRECTOR
2016 INSC 40010 May 2016Appeal(s) allowed
The appellant, Mukul Sharma, entered into a sale deed with Orion India for a specified built‑up area of a building. A dispute arose over whether the term "built‑up area" included common areas such as lifts, corridors and lobbies. Initially the plaintiff understood it to include common areas, but later raised a dispute …
GARWARE WALL ROPES LTD.versusCOASTAL MARINE CONSTRUCTIONS & ENGINEERING LTD.
2019 INSC 51110 April 2019Appeal(s) allowed
Garware Wall Ropes Ltd. entered into a sub‑contract with Coastal Marine Constructions & Engineering Ltd. that contained an arbitration clause but the sub‑contract was not stamped. When the respondent filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator, the Bo…
KAPICO KERALA RESORTS PVT. LTD.versusSTATE OF KERALA & ORS.
2020 INSC 3010 January 2020Dismissed
The Kerala High Court barred the development of resorts on two backwater islands, Vettila Thuruthu (Vaamika) and Nediyathuruthu, in Vembanad Lake, invoking the Kerala Coastal Zone Management Plan and the Coastal Regulation Zone (CRZ) Notifications of 1991 and 2011. The Supreme Court had earlier dismissed special leave …
THE SECRETARY, KERALA STATE COASTAL MANAGEMENT AUTHORITYversusDLF UNIVERSAL LIMITED (FORMERLY KNOWN AS ADELIE BUILDERS AND DEVELOPERS PVT. LTD.) & ORS.
2018 INSC 2110 January 2018Disposed off
The Kerala State Coastal Management Authority (KCZMA) challenged DLF Universal Ltd's multi‑storey residential project on the banks of Chilavannurkayal, alleging violations of the Coastal Regulation Zone (CRZ) Notification and lack of prior CRZ clearance. The Kerala High Court initially ordered demolition, but a Divisio…
PIONEER URBAN LAND AND INFRASTRUCTURE LIMITED & ANR.versusUNION OF INDIA & ORS.
2019 INSC 8899 August 2019Disposed off
The Supreme Court considered a batch of writ petitions challenging the constitutional validity of the Insolvency and Bankruptcy Code (Second Amendment) Act, 2018, which classifies home‑buyers/allottees of real‑estate projects as "financial creditors" under the Code, thereby permitting them to invoke Section 7 and to be…
THE PEERLESS GENERAL FINANCE AND INVESTMENT COMPANY LTD.versusCOMMISSIONER OF INCOME TAX
2019 INSC 7329 July 2019Appeal(s) allowed
Peerless General Finance and Investment Co. Ltd. floated collective investment schemes where subscribers deposited money that was to be repaid with interest and could be forfeited under certain clauses. For assessment years 1985-86 and 1986-87 no forfeiture occurred, yet the company recorded the subscription receipts a…
M/S UTKAL SUPPLIERSversusM/S MAA KANAK DURGA ENTERPRISES & ORS.
2021 INSC 2429 April 2021Appeal(s) allowed
The dispute arose from a Tender Call Notice issued by the SCB Medical College Hospital, Cuttack, which required bidders to submit a "valid labour licence". M/s. Utkal Suppliers (appellant) was awarded the contract, while M/s. Maa Kanak Durga Enterprises (respondent No.1) was disqualified for not having a contract‑labou…
P. EKNATHversusY. AMARANATHA REDDY @ BABU & ANR.
2017 INSC 12629 February 2017Appeal(s) allowed
The case involves the double murder of a 12‑year‑old girl and her 50‑year‑old father, and attempted murders of two other family members, allegedly committed by Y. Amaranatha Reddy using a sickle. The trial court convicted the accused under Sections 302, 307 and 324 of the Indian Penal Code, relying on eyewitness testim…
THE STATE OF MADHYA PRADESH & ANR.versusU.P. STATE BRIDGE CORPORATION LTD.& ANR.
2020 INSC 6868 December 2020Disposed off
The Madhya Pradesh Public Works Department issued a tender for a 7.473 km flyover and received bids from UPSBC, Rajkamal Builders and Rachana Construction. UPSBC was rejected on the ground that it omitted the fact of an FIR and charge‑sheet relating to a collapsed bridge, which the court held to be a material fact that…
M/S BANGALORE CLUBversusTHE COMMISSIONER OF WEALTH TAX & ANR.
2020 INSC 5368 September 2020Appeal(s) allowed
The Bangalore Club, a social club, challenged an assessment that it was liable to wealth tax under Section 21AA of the Wealth Tax Act, 1957. The Assessing Officer and the CIT (Appeals) held the club liable, but the Appellate Tribunal set aside those orders. The Supreme Court examined the meaning of "association of pers…
U.P. STATE ROAD TRANSPORT CORPORATIONversusRAJENDRI DEVI & ORS.
2020 INSC 4178 June 2020Appeal(s) allowed
A 45‑year‑old cyclist was killed when a bus hired by the Uttar Pradesh State Road Transport Corporation (UPSRTC) struck him. The Motor Accident Claims Tribunal (MACT) held the accident resulted from the driver’s rash and negligent driving and awarded Rs 1.65 lakhs plus interest as compensation. The High Court, relying …
CHANDRAKANTA TIWARIversusNEW INDIA ASSURANCE COMPANY LTD. & ANR.
2020 INSC 4198 June 2020Appeal(s) allowed
On 18 March 2004 the son of the claimant, who was a pillion rider, died in a road accident. The Motor Accident Claims Tribunal (MACT) held the insurer liable under Section 163A of the Motor Vehicles Act, 1988 and awarded Rs.1.99 lakh with interest, using a multiplier of 8 based on the claimant's age. The High Court set…
ADDISSERY RAGHAVANversusCHERUVALATH KRISHNADASAN
2020 INSC 4188 June 2020Appeal(s) allowed
The tenant, Addissery Raghuvan, occupied two shop rooms in a building owned by the landlord, Cheruvalath Krishnadasan, who filed eviction petitions under Sections 11(2)(b), 11(8) and 11(4)(ii) of the Kerala Building (Lease and Rent Control) Act, 1965, claiming a bonafide need for additional accommodation. The trial cou…
SSANGYONG CONSTRUCTION CO. LTD.versusNATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI)
2019 INSC 6478 May 2019Appeal(s) allowed
The National Highways Authority of India (NHAI) awarded a construction contract to Ssangyong Engineering & Construction Co. Ltd., which included a price‑adjustment formula based on the Wholesale Price Index (WPI) old series. When the Ministry of Industrial Development stopped publishing the old series and introduced a …
STATE BANK OF INDIAversusM/S. JAH DEVELOPERS PVT. LTD. & ORS.
2019 INSC 6528 May 2019Appeal(s) allowed
The Supreme Court examined whether borrowers classified as wilful defaulters under RBI's 2015 Revised Circular could be represented by lawyers before the in‑house committees that determine such classification. The Court held that the First and Review Committees are administrative bodies, not tribunals vested with judic…
PRAVIN ELECTRICALS PVT. LTD.versusGALAXY INFRA AND ENGINEERING PVT. LTD.
2021 INSC 1668 March 2021Case Partly allowed
Pravin Electricals alleged that no consultancy agreement dated 7 July 2014 existed with Galaxy Infra, while Galaxy claimed such an agreement, containing an arbitration clause, was executed and sought appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996. The Delhi High Court…
MONSANTO TECHNOLOGY LLC THRU THE AUTHORISED REPRESENTATIVE MS. NATALIA VORUZ & OTHERSversusNUZIVEEDU SEEDS LTD. THRU THE DIRECTOR & OTHERS
2019 INSC 358 January 2019Disposed off
Monsanto Technology LLC sued Nuziveedu Seeds Ltd. for permanent and temporary injunctions alleging infringement of its patented cotton biotechnology (patent No. 214436) and misuse of its trademarks. The defendants filed a counter‑claim under Section 64 of the Patents Act seeking revocation of the patent on the ground t…
COMMISSIONER OF INCOME TAX-I, KOLHAPURversusMIS. CHAPHALKAR BROTHERS PUNE
2017 INSC 11987 December 2017Dismissed
The State of Maharashtra introduced a subsidy scheme for multiplex theatre complexes by amending the Bombay Entertainment Duty Act, 1923, granting a three‑year exemption from entertainment duty followed by a two‑year partial remission. The Commissioner of Income Tax assessed the subsidy received by Mis. Chaphalkar Brot…