Indian Court Judgments

Civil SC Reportable ✓ HN

Ajay Gupta vs Pramod Kumar Sharma

Insolvency and Bankruptcy Code, 2016: s. 62 – Appellant was one of the resolution applicants in the corporate insolvency resolution process…

25 February 2022 · Dismissed · Dinesh Maheshwari, Vikram Nath

Civil SC Reportable ✓ HN

Mukesh Kumar & Anr. vs The Union of India & Ors.

Constitution of India: Art.16(2) – Condition imposed by the Railway Board circular that compassionate appointment cannot be granted to child…

24 February 2022 · Allowed · Uday Umesh Lalit, S. Ravindra Bhat, Pamidighantam Sri Narasi

Civil SC Reportable ✓ HN

Punjab National Bank vs Union of India & Ors.

Central Excise Rules, 1944: r.173(Q)(2) – Confiscation and penalty – On facts, issuance of notice to RIL company for evasion of excise duty…

24 February 2022 · Allowed · L. Nageswara Rao, Vineet Saran

Civil SC Reportable ✓ HN

State of Odisha & Ors. vs M/s Panda Infraproject Limited

Administrative Law: Government contracts – Blacklisting of contractor – Principle of natural justice – Judicial review – Respondent was awar…

24 February 2022 · Disposed · M.R. Shah, B.V. Nagarathna

Civil SC Reportable ✓ HN

Krishi Upaj Mandi Samiti, New Mandi Yard, Alwar vs Commissioner of Central Excise and Service Tax, Alwar

Rajasthan Agricultural Produce Markets Act, 1961: s.9(2) – Liability of Market Committees to pay service tax on market fees received for all…

23 February 2022 · Dismissed · M.R. Shah, B.V. Nagarathna

Criminal SC Reportable ✓ HN

Registrar General, High Court of Judicature at Madras vs The State, Represented by the Inspector of Police, Central Crime Branch, Chennai & Another

Land Grabbing: Transfer of 864 cases pending in civil courts to the jurisdictional courts – Original complainant in case pending on the file…

23 February 2022 · Allowed · M.R. Shah, B.V. Nagarathna

Civil SC Reportable ✓ HN

Gowramma C (Dead) by Lrs vs Manager (Personnel) Hindustan Aeronautical Ltd. & Anr.

Service law: Back wages – Appellant was appointed as Staff Nurse with the respondent – Enquiry was held against her that she professed to be…

23 February 2022 · Partly allowed · K.M. Joseph, Hrishikesh Roy

Civil SC Reportable ✓ HN

M/s Puri Investments vs M/s Young Friends and Co. & Ors.

Constitution of India: Art.227 – Supervisory control by High Court – Eviction petition filed u/s.14 of Delhi Rent Control, 1958 on the groun…

23 February 2022 · Allowed · Vineet Saran, Aniruddha Bose

Civil SC Reportable ✓ HN

Horticulture Experiment Station Gonikoppal, Coorg vs The Regional Provident Fund Organization

Employees Provident Fund & Miscellaneous Provisions Act, 1952: ss. 7A, 14B – Power to recover damages – Mens rea and actus reus, if essentia…

23 February 2022 · Dismissed · Ajay Rastogi, Abhay S. Oka

Civil SC Reportable ✓ HN

Sardar Meena vs The State of Rajasthan and Ors.

Rajasthan Panchayati Raj Act, 1994 – s.38(1) – Removal and Suspension of a member of Panchayati Raj Institution – FIR was registered against…

22 February 2022 · Disposed · Sanjay Kishan Kaul, M.M. Sundresh

Civil SC Reportable ✓ HN

M/s Apex Laboratories Pvt. Ltd. vs Deputy Commissioner of Income Tax, Large Tax Payer Unit- II

Income Tax Act, 1961: s.37(1), Explanation 1 – Pharmaceutical companies gifting freebies to doctors etc. is clearly prohibited by law and no…

22 February 2022 · Dismissed · Uday Umesh Lalit, S. Ravindra Bhat

Criminal SC Reportable ✓ HN

M/s Trl Krosaki Refractories Ltd. vs M/s Sms Asia Private Limited & Anr.

Code of Criminal Procedure, 1973: s.482 – Dishonour of cheque – Respondent issued certain cheques in favour of the appellant company which o…

22 February 2022 · Allowed · N.V. Ramana, A.S. Bopanna, Hima Kohli

Civil SC Reportable ✓ HN

Jayashree vs The Director Collegiate Education

Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990 – s.4(4) – Respondent-…

22 February 2022 · Disposed · K.M. Joseph, Hrishikesh Roy

Civil SC Reportable ✓ HN

Shrikant G. Mantri vs Punjab National Bank

Consumer Protection Act, 1986: ss. 2(1)(d), 2(1)(d)(i), 2(1)(d)(ii) – Appellant was a stock-broker by profession – He was also acting as sto…

22 February 2022 · Partly allowed · L. Nageswara Rao, Bhushan Ramkrishna Gavai

Civil SC Reportable ✓ HN

Heera Traders vs Kamla Jain

Madhya Pradesh Accommodation Control Act, 1961 – s.13 – When tenant can get benefit of protection against eviction– Interpretation of – Held…

22 February 2022 · Partly allowed · K.M. Joseph, Pamidighantam Sri Narasimha

Civil SC Reportable ✓ HN

Mahindra and Mahindra Financial Services Ltd. vs State of U.P. and Ors.

U.P. Motor Vehicles Taxation Act, 1997 : ss. 2 (h), 4, 9, 10, 12 and 20 – Payment of tax – Non-use of vehicle and refund of tax – Financier…

22 February 2022 · Dismissed · M.R. Shah, B.V. Nagarathna

Civil SC Reportable ✓ HN

Anju Kalsi vs Hdfc Ergo General Insurance Company Limited and Others

Consumer Protection – Insurance Policy – Special conditions of the policy – Notice of the special conditions under policy to the account hol…

21 February 2022 · Allowed · D.Y. Chandrachud, Surya Kant

Civil SC Reportable ✓ HN

Azgar Barid (D) by Lrs. vs Mazambi @ Pyaremabi and Others

Appeal – Second Appeal – Suit for partition – Objection of appellant-defendant that since plaintiff Nos.4 to 8, whose claim was denied by th…

21 February 2022 · Dismissed · L. Nageswara Rao, Bhushan Ramkrishna Gavai