Created by Fuzzy Cloud

R F NARIMAN

278 judgments · newest first · showing 1–200

M.M. AQUA TECHNOLOGIES LTD.versusCOMMISSIONER OF INCOME TAX, DELHI-III

2021 INSC 397Leave 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 …

BRAJESH SINGHversusSUNIL ARORA & ORS.

2021 INSC 388Disposed 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 …

GEMINI BAY TRANSCRIPTION PVT. LTD.versusINTEGRATED SALES SERVICE LTD. & ANR.

2021 INSC 392Dismissed

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 …

AMAZON.COM NV INVESTMENT HOLDINGS LLCversusFUTURE RETAIL LIMITED & ORS.

2021 INSC 385Disposed off

Amazon invested in FCPL and, through it, in Future Retail Ltd (FRL). When FRL and its promoters attempted to sell FRL's retail assets to a rival, Amazon sought emergency interim relief under the SIAC Rules, and an Emergency Arbitrator issued an award restraining the transaction. The Delhi High Court …

NEERAJ GARGversusSARITA RANI AND ORS. ETC.

2021 INSC 370Disposed off

The appellant, a senior advocate, challenged several disparaging remarks made by a High Court judge against him in four separate cases where he represented a party. The judge's comments criticized the counsel's conduct without giving him an opportunity to be heard, and the remarks were deemed …

BANKA SNEHA SHEELAversusTHE STATE OF TELANGANA & ORS.

2021 INSC 371Appeal(s) allowed

The petitioners challenged a preventive detention order issued under the Telangana Prevention of Dangerous Activities Act, 1986 against the detenu, who was accused in five FIRs for cheating amounting to over Rs. 50 lakh. The State argued that the detenu's alleged activities threatened public order …

UNION OF INDIAversusRAJENDRA N. SHAH AND ANOTHER

2021 INSC 340Disposed 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 …

PASL WIND SOLUTIONS PRIVATE LIMITEDversusGE POWER CONVERSION INDIA PRIVATE LIMITED

2021 INSC 264Disposed 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 …

ASSET RECONSTRUCTION COMPANY (INDIA) LIMITEDversusBISHAL JAISWAL & ANR.

2021 INSC 254Disposed 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 …

GHANASHYAM MISHRA AND SONS PRIVATE LIMITED THROUGH THE AUTHORIZED SIGNATORYversusEDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED THROUGH THE DIRECTOR & ORS.

2021 INSC 250Appeal(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 …

M/S. INOX RENEWABLES LTD.versusJAYESH ELECTRICALS LTD.

2021 INSC 251Disposed 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 …

M/S UTKAL SUPPLIERSversusM/S MAA KANAK DURGA ENTERPRISES & ORS.

2021 INSC 242Appeal(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 …

SHITAL FIBERS LTD.versusINDIAN ACRYLICS LIMITED

2021 INSC 228Dismissed

Shital Fibers Ltd. (appellant) sought to avoid a winding‑up petition filed by Indian Acrylics Ltd. (respondent) under Sections 433 and 434 of the Companies Act, 1956, alleging inability to pay an admitted debt of Rs 8,92,723. The respondent claimed the debt arose from supply of raw material, while …

SANJIV PRAKASHversusSEEMA KUKREJA AND ORS.

2021 INSC 229Disposed off

The appellant, Sanjiv Prakash, invoked an arbitration clause in a 1996 Memorandum of Understanding (MoU) among family members after a dispute over share transfers with his sister and mother. The respondents argued that the MoU was superseded and novated by a later Shareholders' Agreement (SHA) dated …

SECUNDERABAD CANTONMENT BOARDversusM/S B. RAMACHANDRAIAH & SONS

2021 INSC 186Appeal(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, …

STATE OF GOA & ANR.versusFOUZIYA IMTIAZ SHAIKH & ANR.

2021 INSC 179Disposed 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 …

PRAVIN ELECTRICALS PVT. LTD.versusGALAXY INFRA AND ENGINEERING PVT. LTD.

2021 INSC 166Case 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. …

AMWAY INDIA ENTERPRISES PVT. LTD.versusRAVINDRANATH RAO SINDHIA & ANR.

2021 INSC 152Appeal(s) allowed

Amway India Enterprises Pvt. Ltd. appointed Ravindranath Rao Sindhia and Indumathi Sindhia, U.S. nationals, as distributors under a sole proprietorship agreement. The respondents filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of a sole …

N. SUBRAMANIANversusM/S ARUNA HOTELS LTD. & ANR.

2021 INSC 144Appeal(s) allowed

The appellant, a former employee of Aruna Hotels Ltd., claimed arrears of salary of Rs 1.87 crore for the period 1998‑2013 and filed a Section 9 application under the Insolvency and Bankruptcy Code (IBC) on 21 July 2017. The company contended that the claim was time‑barred. The National Company Law …

SHIVAJI CHINTAPPA PATILversusSTATE OF MAHARASHTRA

2021 INSC 136Appeal(s) allowed

The appellant, Shivaji Chintappa Patil, was convicted of murder under Section 302 IPC for the death of his wife, who the prosecution alleged was killed after being abused for not obtaining money from her mother. The case hinged on circumstantial evidence, including the appellant's alleged motive, …

P. MOHANRAJ & ORS.versusM/S. SHAH BROTHERS ISPAT PVT. LTD.

2021 INSC 133Disposed off

The appellant company failed to honour multiple cheques, leading the respondent to issue statutory notices under Sections 138 and 141 of the Negotiable Instruments Act and file criminal complaints. While the corporate debtor was placed under a moratorium under Section 14 of the Insolvency and …

GOVERNMENT OF KERALA & ANR.versusMOTHER SUPERIOR ADORATION CONVENT

2021 INSC 129Disposed off

The Supreme Court examined whether residential accommodations for nuns and hostel buildings for students qualify for exemption from building tax under Section 3(1)(b) of the Kerala Building Tax Act, 1975. The State argued that such buildings are merely residential and not used principally for …

A. NAVINCHANDRA STEELS PRIVATE LIMITEDversusSREI EQUIPMENT FINANCE LIMITED & ORS.

2021 INSC 128Dismissed

A. Navinchandra Steels Private Limited, an operational creditor, challenged the admission of a Section 7 petition filed by SREI Equipment Finance Limited before the NCLT, arguing that a winding‑up petition against the same debtor was already pending in the Bombay High Court and that the Companies …

VINOD KRISHAN KHANNA & ORS.versusAMRITSAR SWADESHI WOOLLEN MILLS PRIVATE LIMITED

2021 INSC 110Disposed 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 …

CHINTELS INDIA LTD.versusBHAYANA BUILDERS PVT. LTD.

2021 INSC 76Appeal(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 …

RAGINI DWIVEDI @ GINI @ RAGSversusTHE STATE OF KARNATAKA

2021 INSC 38

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, …

MANISH KUMARversusUNION OF INDIA AND ANOTHER

2021 INSC 28Dismissed

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 …

AMERICAN METALLURGICAL COAL PTY LTD.versusMMTC LTD.

2020 INSC 705Appeal(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 …

SEELAN @ JEYASEELANversusTHE INSPECTOR OF POLICE

2020 INSC 703Dismissed

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 …

SAMIR AGRAWALversusCOMPETITION COMMISSION OF INDIA & ORS.

2020 INSC 700Disposed 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, …

ACTION ISPAT AND POWER PVT. LTD.versusSHYAM METALICS AND ENERGY LTD.

2020 INSC 699Dismissed

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 …

THE STATE OF MADHYA PRADESH & ANR.versusU.P. STATE BRIDGE CORPORATION LTD.& ANR.

2020 INSC 686Disposed 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 …

PARAMVIR SINGH SAINIversusBALJIT SINGH & ORS.

2020 INSC 672Directions issued

In Paramvir Singh Saini v. Baljit Singh & Ors., the Supreme Court revisited its earlier directions (April 3, 2018) requiring the use of photography and videography at crime scenes. The Court noted that compliance affidavits filed by 14 States and 2 Union Territories were inadequate, lacking details …

SANDEEP KUMAR AND OTHERSversusSTATE OF UTTARAKHAND AND ANOTHER

2020 INSC 671Appeal(s) allowed

The appellants (husband, father‑in‑law and mother‑in‑law) were convicted under Section 304B IPC for dowry death based on a claim that the deceased was poisoned after demanding Rs 10 lakhs. The Supreme Court examined whether the prosecution proved the essential ingredients of a dowry death – marriage …

VETINDIA PHARMACEUTICALS LIMITEDversusSTATE OF UTTAR PRADESH AND ANOTHER

2020 INSC 639Appeal(s) allowed

Vetindia Pharmaceuticals Ltd., a licensed drug manufacturer, challenged an order of blacklisting issued by the State of Uttar Pradesh on 8 September 2009, alleging that it had never supplied the disputed veterinary injection under the tender and that the show‑cause notice did not specifically …

TOFAN SINGHversusSTATE OF TAMIL NADU

2020 INSC 620Directions 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 …

THOMAS LAWRENCEversusTHE STATE OF KERALA & ORS.

2020 INSC 617Disposed 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 …

STATE OF U.P.versusSUDHIR KUMAR SINGH AND ORS.

2020 INSC 603Disposed 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 …

BIKRAMJIT SINGHversusTHE STATE OF PUNJAB

2020 INSC 589Appeal(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, …

FERRODOUS ESTATES (PVT.) LTD.versusP. GOPIRATHNAM (DEAD) & ORS.

2020 INSC 586Appeal(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 …

SUBED ALI AND OTHERSversusTHE STATE OF ASSAM

2020 INSC 566Dismissed

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 …

MAHESHWAR TIGGAversusTHE STATE OF JHARKHAND

2020 INSC 564Appeal(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 …

STATE OF KERALA & ANR. ETC. ETC.versusM/S RDS PROJECT LIMITED & ORS. ETC. ETC.

2020 INSC 559Appeal(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 …

NEETU KUMAR NAGAICHversusTHE STATE OF RAJASTHAN AND OTHERS

2020 INSC 549Case 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. …

JUGUT RAMversusTHE STATE OF CHHATTISGARH

2020 INSC 547Appeal(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 …

M/S BANGALORE CLUBversusTHE COMMISSIONER OF WEALTH TAX & ANR.

2020 INSC 536Appeal(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 …

M/S BANDEKAR BROTHERS PVT. LTD. & ANRversusPRASAD VASSUDEV KENI, ETC. ETC

2020 INSC 531Disposed off

The appellants, M/s Bande\u200bkar Brothers Pvt. Ltd., were in a business dispute with the respondents and filed civil suits, after which they lodged criminal complaints alleging false evidence and forged debit notes under IPC sections 191, 192 and 193. The magistrate converted these complaints into …

AVITEL POST STUDIOZ LIMITED & ORS.versusHSBC PI HOLDINGS (MAURITIUS) LIMITED

2020 INSC 498Disposed 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 …

DECCAN PAPER MILLS CO. LTD.versusREGENCY MAHAVIR PROPERTIES & ORS.

2020 INSC 497Dismissed

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 …

M/S EXL CAREERS AND ANOTHERversusFRANKFINN AVIATION SERVICES PRIVATE LIMITED

2020 INSC 477Disposed off

The appellant, EXL Careers, filed a suit for recovery in a Gurgaon civil court despite an exclusive jurisdiction clause in a franchise agreement that designated Delhi courts as the sole forum. The Gurgaon court returned the plaint under Order VII Rule 10 of the CPC, and the High Court ordered its …

GANGADHAR ALIAS GANGARAMversusSTATE OF MADHYA PRADESH

2020 INSC 478Appeal(s) allowed

The appellant was convicted under Section 8C read with Section 20(b)(ii)(c) of the NDPS Act for the recovery of 48 kg of cannabis from a house that the trial court deemed his based on a 2008 voters list. He contended that he had sold the house to a co‑accused on 12 June 2009 and produced the sale …

B.B.M. ENTERPRISESversusTHE STATE OF WEST BENGAL AND ANR.

2020 INSC 472Disposed 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 …

SHIV RAJ GUPTAversusCOMMISSIONER OF INCOME-TAX, DELHI-IV

2020 INSC 461Appeal(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 …

ARJUN PANDITRAO KHOTKARversusKAILASH KUSHANRAO GORANTYAL AND ORS.

2020 INSC 453Dismissed

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 …

SRI ANTHONY ALIAS ANTHONY SWAMYversusTHE MANAGING DIRECTOR, K.S.R.T.C.

2020 INSC 421Appeal(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 …

U.P. STATE ROAD TRANSPORT CORPORATIONversusRAJENDRI DEVI & ORS.

2020 INSC 417Appeal(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 …

CHANDRAKANTA TIWARIversusNEW INDIA ASSURANCE COMPANY LTD. & ANR.

2020 INSC 419Appeal(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 …

ADDISSERY RAGHAVANversusCHERUVALATH KRISHNADASAN

2020 INSC 418Appeal(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 …

SOMASUNDARAM @ SOMUversusTHE STATE REP. BY THE DEPUTY COMMISSIONER OF POLICE

2020 INSC 412Disposed off

The case concerns the abduction, extortion and murder of former MLA M.K. Balan, whose body was cremated under a fictitious name. The prosecution relied on extensive circumstantial evidence, the testimony of two accomplices (PW10 and PW11), recoveries of vehicles, a false death certificate, and …

M/S. CENTROTRADE MINERALS AND METALS INC.versusHINDUSTAN COPPER LTD.

2020 INSC 411Disposed off

Centrotrade Minerals & Metals Inc., a US corporation, contracted with Hindustan Copper Ltd. (HCL) for the sale of copper concentrate and included a two‑tier arbitration clause: first arbitration in India, with a right to appeal to an ICC arbitration in London. After an Indian arbitrator gave a nil …

BIHAR STAFF SELECTION COMMISSION & ORS.versusARUN KUMAR & ORS.

2020 INSC 391Disposed off

The Bihar Staff Selection Commission (BSSC) conducted a Graduate Level Combined Examination for 1,569 Class III vacancies, which later increased to 3,285. After objections to model answers, BSSC appointed an expert committee whose report led to revisions and the filing of writ petitions. The Patna …

INTERNET AND MOBILE ASSOCIATION OF INDIAversusRESERVE BANK OF INDIA

2020 INSC 264Appeal(s) allowed

The Reserve Bank of India (RBI) issued a Statement and a Circular in April 2018 directing banks and other regulated entities to cease dealing with persons or entities dealing in virtual currencies (VCs) and to exit existing relationships within three months. The petitioners – a trade association and …

RAMBABU SINGH THAKURversusSUNIL ARORA & ORS.

2020 INSC 177Disposed 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 …

VIJAY KARIA & ORS.versusPRYSMIAN CAVI E SISTEMI SRL & ORS.

2020 INSC 178Dismissed

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 …

USHA ANANTHASUBRAMANIANversusUNION OF INDIA

2020 INSC 176Appeal(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 …

COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE, GOAversusM/S ADANI EXPORTS LTD.

2020 INSC 164Disposed 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 …

UNION OF INDIA & ORS.versusGOPALDAS BHAGWAN DAS & ORS.

2020 INSC 127Dismissed

The Union requisitioned land in Malad, Mumbai in 1943 for defence purposes, partially de‑requisitioned in 1949, and later issued a Section 4(1) notification in 1975 acquiring the remaining portion, with a declaration in 1978 and a draft award in 1986. The respondents filed a writ petition in 2002 …

MAHARASHTRA SEAMLESS LIMITEDversusPADMANABHAN VENKATESH & ORS.

2020 INSC 76Appeal(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 …

STANDARD CHARTERED BANKversusMSTC LIMITED

2020 INSC 72Appeal(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, …

SIDDARAJUversusSTATE OF KARNATAKA & ORS.

2020 INSC 36Disposed 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 …

KAPICO KERALA RESORTS PVT. LTD.versusSTATE OF KERALA & ORS.

2020 INSC 30Dismissed

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 …

UNION OF INDIAversusRELIANCE COMMUNICATION LIMITED & ANR.

2020 INSC 7Dismissed

The Union of India sought to retain Rs.134.66 crore that it had encashed from bank guarantees of Reliance Communication Ltd (RCL) and Reliance Telecom Ltd (RTL) after they failed to pay deferred spectrum charges of Rs.774.25 crore. The respondents furnished fresh bank guarantees for the same amount …

M/S. DAFFODILLS PHARMACEUTICALS & ANR.V. STATE OF U.P. & ANR.versusSTATE OF U.P. & ANR

2019 INSC 1366Appeal(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 …

BGS SGS SOMA JVversusNHPC LTD.

2019 INSC 1349Appeal(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 …

M/S BHUWALKA STEEL INDUSTRIES LTD. & ANR.versusUNION OF INDIA & ORS.

2017 INSC 265Directions issued

The Supreme Court was asked to decide the validity of Rule 5 of the 1997 Central Excise Rules, which was challenged on the grounds of being ultra vires of Section 3A of the Central Excise Act and violative of Article 14 of the Constitution. The Division Bench, however, diverted attention to a …

HINDUSTAN ZINC LIMITED (H.Z.L.)versusAJMER VIDYUT VITRAN NIGAM LIMITED

2019 INSC 1319Disposed off

Hindustan Zinc Limited (HZL) operates four units and a captive power plant, and entered into open‑access agreements with Ajmer Vidyut Vitran Nigam Ltd (AVVNL) for wheeling power to three of its units. A dispute arose over unscheduled interchange (UI) charges under clauses 8 and 9 of the agreements. …

M/S DEEP INDUSTRIES LIMITEDversusOIL AND NATURAL GAS CORPORATION LIMITED & ANR.

2019 INSC 1299Appeal(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 …

HINDUSTAN CONSTRUCTION COMPANY LIMITED & ANR.DIA & ORS.versusUNION OF INDIA

2019 INSC 1289Disposed 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 …

HARIBHAI MALAVIYA AND ORS.versusTHE STATE OF GUJARAT AND ANR.

2019 INSC 1146Disposed 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 …

ISHWARI LAL YADAVversusSTATE OF CHHATTISGARH

2019 INSC 1115Disposed off

The case involved the gruesome murder of a two‑year‑old boy, Chirag, whose body was discovered in two parts inside the house of the main accused, Ishwari Lal Yadav and Kiran Bai, who claimed to be tantriks. The accused confessed to killing the child as a human sacrifice, and the confession was …

ISHWARI LAL YADAV & ANR.versusSTATE OF CHHATTISGARH

2019 INSC 1115Case Partly allowed

The appellants, self‑styled "tantriks", were accused of kidnapping and murdering two children – a six‑year‑old girl (Ku. Manisha) and a boy (Chirag Rajput) – for human‑sacrifice rituals. The prosecution relied on skeletal remains, DNA/FSL reports, identification of clothing by the parents, and …

RAVISHANKAR @ BABA VISHWAKARMAversusTHE STATE OF MADHYA PRADESH

2019 INSC 1116Case Partly allowed

The appellant was convicted of kidnapping, raping and murdering a 13‑year‑old girl and of destroying her body. The prosecution proved the case through a chain of circumstantial evidence corroborated by DNA, medical and forensic findings, including a slipper belonging to the victim recovered from the …

RAVI S/O ASHOK GHUMAREversusTHE STATE OF MAHARASHTRA

2019 INSC 1114Disposed off

The appellant was found with a two‑year‑old girl under his bed after the child went missing; medical, eye‑witness, circumstantial and Y‑STR DNA evidence established that he kidnapped, raped (vaginal and unnatural intercourse) and murdered the child. The trial court and High Court convicted him under …

STATE OF WEST BENGAL & ORS.versusCALCUTTA CLUB LIMITED

2019 INSC 1111Disposed off

The Calcutta Club, a Section 25 company operating as a members' club, was served with a notice for non‑payment of sales tax on food and drinks supplied to its permanent members. The Club argued that, under the doctrine of mutuality, no sale occurred because the supplier and the buyer were the same …

THE GOVERNMENT OF ANDHRA PRADESH & ORS.versusGRACE SATHYAVATHY SHASHIKANT & ORS.

2019 INSC 1108

The Government of Andhra Pradesh and others challenged the allotment of a parcel of land (Survey No. 129/45/D) to Andhra Prabha Publications under the Urban Land (Ceiling and Regulation) Act, 1976. A Single Judge ordered a survey to determine the true identity of the land; the High Court set aside …

SAGAR SHARMA & ANR.versusPHOENIX ARC PVT. LTD. & ANR.

2019 INSC 1098Appeal(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 …

CHANDANA DAS (MALAKAR)versusTHE STATE OF WEST BENGAL & ORS.

2014 INSC 623Appeal(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 …

JIGNESH SHAH & ANR.versusUNION OF INDIA & ANR.

2019 INSC 1080Disposed 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 …

SANKALP RECREATION PRIVATE LIMITEDversusUNION OF INDIA & ORS.

2019 INSC 1060Dismissed

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 …

UNION OF INDIA & ANR.versusTARSEM SINGH & ORS.

2019 INSC 996Disposed 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 …

GAURAV HARGOVINDBHAI DAVEversusASSET RECONSTRUCTION COMPANY (INDIA) LTD. & ANR.

2019 INSC 1051Appeal(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, …

M/S MAYAVTI TRADING PVT. LTD.versusPRADYUAT DEB BURMAN

2019 INSC 1008Dismissed

The appeal concerned the interpretation of Section 11(6A) of the Arbitration and Conciliation Act, 1996, introduced by the 2015 amendment and later omitted by the 2019 amendment. The appellant argued that the Supreme Court or High Court must still examine the existence of an arbitration agreement …

RASHID RAZAversusSADAF AKHTAR

2019 INSC 1002Disposed off

The case arose from a partnership dispute in which one partner lodged an FIR alleging siphoning of funds and other improprieties. The appellant filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator pursuant to an arbitration clause …

UBER INDIA SYSTEMS PVT. LTD.versusCOMPETITION COMMISSION OF INDIA & ORS.

2019 INSC 997Dismissed

The appellant Uber India Systems Pvt Ltd challenged an order of the Competition Appellate Tribunal which had found a prima facie case of abuse of dominant position under the Competition Act, 2002. The Commission alleged that Uber paid drivers incentives that caused a loss of Rs 204 per trip, …

UNION OF INDIA & ANR.versusBALWANT SINGH & ORS.

2019 INSC 996Appeal(s) allowed

The Union of India appealed against judgments that applied the Madishetti Bala Ramul decision, which interprets the Land Acquisition Act, to disputes under the National Highways Act, 1956. The Supreme Court examined whether the award under the Land Acquisition Act, deemed a government offer under …

VASHDEO R BHOJWANIversusABHYUDAYA CO-OPERATIVE BANK LTD & ANR.

2019 INSC 984Appeal(s) allowed

The appellant claimed a default of Rs 6.7 crore against the respondent, which was declared a non‑performing asset in 1999 and a recovery certificate was issued in 2001. A petition under Section 7 of the Insolvency and Bankruptcy Code was filed in 2017, and the NCLT admitted it on the ground that the …

JANAM SINGH KUDADA & ANR.versusSTATE OF BIHAR & ORS.

2019 INSC 956Disposed 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 …

PIONEER URBAN LAND AND INFRASTRUCTURE LIMITED & ANR.versusUNION OF INDIA & ORS.

2019 INSC 889Disposed 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 …

COL. RAJNISH BHANDARI, VSMversusUNION OF INDIA & ORS.

2019 INSC 857Appeal(s) allowed

Col. Rajnish Bhandari appealed against the Union of India challenging the constitutionality of Section 497 of the Ranbir Penal Code (RPC) and the continuation of prosecution under Section 63 of the Army Act after an acquittal subject to confirmation. The Court, relying on the Joseph Shine judgment, …

MANOHARANversusSTATE BY INSPECTOR OF POLICE, VARIETY HALL POLICE STATION, COIMBATORE

2019 INSC 851Disposed off

Manoharan was convicted for kidnapping, gang‑rape of a 10‑year‑old girl and the murder of the girl and her 7‑year‑old brother, who were thrown into a canal after a failed poisoning attempt. The prosecution proved the offences beyond reasonable doubt through extensive witness testimony, forensic DNA …

G H SHREE CHAITANYA CONSTRUCTIONSversusSUDHIR POONAMCHAND PARAKH & ORS.

2019 INSC 773Appeal(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 …

M/S. R. K. INDUSTRIES (UNIT-II) LLPversusS.C/S.T SHIPBREAKERS ASSOCIATION & ORS.

2019 INSC 768Appeal(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 …

G H PAM DEVELOPMENTS PRIVATE LTD.versusSTATE OF WEST BENGAL

2019 INSC 755Appeal(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 …

NATIONAL HIGHWAYS AUTHORITY OFversusGAYATRI JHANSI ROADWAYS LIMITED

2019 INSC 744Disposed 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 …

R LAKSHMIKANTHAMversusDEVARAJI

2019 INSC 747Appeal(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 …

SSANGYONG CONSTRUCTION CO. LTD.versusNATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI)

2019 INSC 647Appeal(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 …

STATE BANK OF INDIAversusM/S. JAH DEVELOPERS PVT. LTD. & ORS.

2019 INSC 652Appeal(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 …

Y. SAVARIMUTHUversusSTATE OF TAMIL NADU & ORS.

2019 INSC 592Disposed 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 …

BHARAT BROADBAND NETWORK LIMITEDversusUNITED TELECOMS LIMITED

2019 INSC 537Appeal(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 …

GARWARE WALL ROPES LTD.versusCOASTAL MARINE CONSTRUCTIONS & ENGINEERING LTD.

2019 INSC 511Appeal(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 …

DHARANI SUGARS AND CHEMICALS LTD.versusUNION OF INDIA & ORS.

2019 INSC 457Disposed off

The petitioners, led by Dharani Sugars and Chemicals Ltd., challenged the constitutional validity of the Banking Regulation (Amendment) Act, 2017 which introduced sections 35AA and 35AB, and contended that the RBI circular of 12‑02‑2018 directing banks and NBFCs to resolve stressed assets within six …

MOTU CONTEMPT PETITION (CRL.) NO. 1 OF 2019 IN RE: MR. MATHEWS NEDUMPARAversus.

2019 INSC 409

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 …

M/S ICOMM TELE LTD.versusPUNJAB STATE WATER SUPPLY & SEWERAGE BOARD & ANR.

2019 INSC 341Appeal(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 …

VIDYA DROLIA & ORS.versusDURGA TRADING CORPORATION

2019 INSC 290Matter 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 …

DELHI DEVELOPMENT AUTHORITYversusVIRENDER LAL BAHRI & ORS.

2019 INSC 287Matter 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 …

MAHANAGAR TELEPHONE NIGAM LTD.versusTATA COMMUNICATIONS LTD.

2019 INSC 286Dismissed

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 …

JOSEPH EASWARAN WAPSHARE & ORS.versusSHIRLEY KATHELEEN WHEELER

2019 INSC 277Appeal(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, …

AARISH ASGAR QURESHIversusFAREED AHMED QURESHI & ANR.

2019 INSC 270Appeal(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 …

UTTAR HARYANA BIJLI VITRAN NIGAM LTD [UHBVNL]. & ANRversusADANI POWER LTD. & ORS.

2019 INSC 261Dismissed

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 …

BHARAT HEAVY ELECTRICALS LTD.versusMAHENDRA PRASAD JAKHMOLA & ORS.

2019 INSC 244Appeal(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 …

RELIANCE COMMUNICATION LIMITED & ORS.versusSTATE BANK OF INDIA & ORS.

2019 INSC 242

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 …

TAMIL NADU POLLUTION CONTROL BOARDversusSTERLITE INDUSTRIES (I) LTD. & ORS.

2019 INSC 220Disposed 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 …

SIRAJUL HOQUEversusTHE STATE OF ASSAM & ORS.

2019 INSC 199Appeal(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 …

M/S SCG CONTRACTS INDIA PVT. LTD.versusK. S. CHAMANKAR INFRASTRUCTURE PVT. LTD. & ORS.

2019 INSC 187Appeal(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 …

TEK SINGHversusSHASHI VERMA AND ANR.

2019 INSC 131Appeal(s) allowed

The appellant filed a revision petition challenging the lower courts' refusal to grant an interim mandatory injunction in a suit under Section 6 of the Specific Relief Act concerning possession of a shop. The High Court set aside the appellate court's findings of fact and entertained the revision, …

VIJAY KUMAR JAINversusSTANDARD CHARTERED BANK & ORS.

2019 INSC 122Appeal(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 …

SWARAJ INFRASTRUCTURE PVT. LTD.versusKOTAK MAHINDRA BANK LTD.

2019 INSC 108Dismissed

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 …

SWISS RIBBONS PVT. LTD. & ANR.versusUNION OF INDIA & ORS.

2019 INSC 95Disposed 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 …

VIDARBHA IRRIGATION DEVELOPMENT CORPORATIONversusM/S ANOJ KUMAR AGARWALA & ORS.

2019 INSC 83Disposed 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 …

FORECH INDIA LTD.versusEDELWEISS ASSETS RECONSTRUCTION CO. LTD.

2019 INSC 77Disposed 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 …

JAIPUR METALS & ELECTRICALS EMPLOYEES ORGANIZATION THROUGH GENERAL SECRETARY MR. TEJ RAM MEENAversusJAIPUR METALS & ELECTRICALS LTD. THROUGH ITS MANAGING DIRECTOR & ORS.

2018 INSC 1196Leave 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 …

SOURABH BRALA AND ORversusUNION OF INDIA AND ORS.

2018 INSC 1218Directions issued

A group of 150 first‑year MBBS students filed a writ petition under Article 32 seeking transfer from Respondent No. 5 College, which had not obtained the necessary approvals, to another college so that they could sit for their examinations. The State Government of Uttarakhand offered to take over …

MUNICIPAL CORPORATION OF GREATER MUMBAI & ANR.versusPRATIBHA INDUSTRIES LTD. & ORS.

2018 INSC 1151Disposed off

The Municipal Corporation of Greater Mumbai issued a tender for water meters, which was accepted and a contract containing a clause stating "No Arbitration is allowed" was executed. The respondent filed a Section 9 application under the Arbitration and Conciliation Act, 1996 seeking an injunction, …

HARI MOHAN SHARMA & ANR.versusCHARANJEET SINGH REKHI & ORS. ETC.

2018 INSC 1067Appeal(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 …

REENA HAZARIKAversusSTATE OF ASSAM

2018 INSC 1029Leave 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 …

SUSHILA N. RUNGTA (D) LRS.versusTHE TAX RECOVERY OFFICER-16(2) AND ORS.

2018 INSC 1020Appeal(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 …

M/S. CARAVEL SHIPPING SERVICES PVT. LTD.versusM/S. PREMIER SEA FOODS EXIM PVT. LTD.

2018 INSC 1008Leave 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 …

B.K. EDUCATIONAL SERVICES PRIVATE LIMITEDversusPARAG GUPTA AND ASSOCIATES

2018 INSC 956

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 …

VEDANTA LTD.versusSHENZEN SHANDONG NUCLEAR POWER CONSTRUCTION CO. LTD.

2018 INSC 959Leave 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 …

ARCELORMITTAL INDIA PRIVATE LIMITEDversusSATISH KUMAR GUPTA & ORS.

2018 INSC 935Disposed off

The Supreme Court examined the eligibility of ArcelorMittal India Private Ltd (AMIPL) and Numetal Ltd to submit resolution plans for Essar Steel India Ltd (ESIL) under the Insolvency and Bankruptcy Code (IBC) after the introduction of Section 29A. The Court held that disqualification under …

MAGMA GENERAL INSURANCE CO. LTD.versusNANU RAM ALIAS CHUHRU RAM & ORS.

2018 INSC 828Leave 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 …

M/S SHRIRAM EPC LIMITEDversusRIOGLASS SOLAR SA

2018 INSC 816Dismissed

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 …

MAJ. AMOD KUMARversusUNION OF INDIA & ANR.

2018 INSC 795Dismissed

The petitioners, officers and a sepoy of the Army Service Corps (ASC), challenged posting orders that assigned them to operational units, arguing that the ASC is a non‑operational corps as held in Union of India v. Lt. Col. P.K. Choudhary and that such postings violated their fundamental rights …

ANANT SON OF SIDHESHWAR DUKREversusPRATAP SON OF ZHAMNNAPPA LAMZANE & ANOTHER

2018 INSC 738Appeal(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 …

M/S EMKAY GLOBAL FINANCIAL SERVICES LTD.versusGIRDHAR SONDHI

2018 INSC 724Appeal(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 …

K. KISHANversusM/S VIJAY NIRMAN COMPANY PVT. LTD.

2018 INSC 710Appeal(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 …

STATE BANK OF INDIAversusV. RAMAKRISHNAN & ANR.

2018 INSC 711Appeal(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 …

T.P. MURUGAN (DEAD) THR. LRS.versusBOJAN

2018 INSC 655Appeal(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 …

THE STATE OF BIHAR & ORS.versusBIHAR RAJYA BHUMI VIKAS BANK SAMITI

2018 INSC 648Appeal(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 …

SHYAM SUNDER AGARWALversusP. NAROTHAM RAO AND ORS.

2018 INSC 633Disposed 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 …

RELIANCE CELLULOSE PRODUCTS LTD.versusOIL AND NATURAL GAS CORPORATION LTD.

2018 INSC 623Disposed 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 …

ADESH KAURversusEICHER MOTORS LIMITED AND ORS.

2018 INSC 571Appeal(s) allowed

The appellant, Adesh Kaur, owned 903 equity shares in Eicher Motors Ltd. In 2012, an impersonator forged her signature, obtained a change of address from the company's share transfer agent (respondent No. 2) and secured duplicate share certificates, which were then transferred to a third party …

CHINTALAPATI SRINIVASA RAJUversusSECURITIES AND EXCHANGE BOARD OF INDIA

2018 INSC 510Disposed 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 …

NAVEEN KAUSHIKversusCENTRAL BUREAU OF INVESTIGATION

2018 INSC 418Disposed 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 …

STATE OF MADHYA PRADESH AND ANR.versusM/S. KETI CONSTRUCTION

2018 INSC 360Disposed 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 …