Indian Court Judgments — 2022

Civil SC Reportable ✓ HN

Sarup Singh @ Ram Sarup vs Hdfc Ergo General Insurance Company Ltd. and Ors.

Motor Vehicles Act, 1988: Compensation – Fatal accident – Tribunal considered notional income of the deceased at Rs.10,000 per month and awa…

17 October 2022 · Partly allowed · M.R. Shah, C.T. Ravikumar

Civil SC Reportable ✓ HN

Radhey Sham vs The State of Haryana and Others

Land Acquisition: s.4 notification issued on 29.08.2005 – Award made under s.11 – Reference made at the instance of land owners for enhancem…

17 October 2022 · Partly allowed · M.R. Shah, C.T. Ravikumar

Civil SC Reportable ✓ HN

Manusha Sreekumar & Ors. vs The United India Insurance Co. Ltd.

Motor Vehicles Act, 1988 – Compensation– Income of deceased, fixed considering minimum wages notification – Indian Evidence Act, 1872 – s.57…

17 October 2022 · Partly allowed · Surya Kant, Aniruddha Bose

Civil SC Reportable ✓ HN

Kerala Land Reforms & Development Cooperative Society Limited vs The District Registrar (General) & Another

Kerala Co-operative Societies Act, 1969 – ss. 40 and 110 – Stamp duty – Remission of – In exercise of powers conferred under the Travancore…

14 October 2022 · Dismissed · M.R. Shah, Krishna Murari

Civil SC Reportable ✓ HN

Kapil Kumar vs Raj Kumar

Negotiable Instruments Act, 1881 – ss. 4 and 118 – Promissory note – Appellant instituted recovery suit against respondent contending that t…

14 October 2022 · Allowed · M.R. Shah, Krishna Murari

Civil SC Reportable ✓ HN

Roopwati & Ors. vs Ram Kishan & Ors.

Motor Vehicles Act, 1988 – Motor accident resulting in death of a person – Compensation claim on his behalf by his wife, his son and his mot…

14 October 2022 · Dismissed · Hemant Gupta, Sudhanshu Dhulia

Civil SC Reportable ✓ HN

Kesar Bai vs Genda Lal & Anr.

Suit – Suit for declaration of ownership and permanent injunction – On the basis of registered sale deed and also on basis of adverse posses…

14 October 2022 · Allowed · M.R. Shah, Krishna Murari

Civil SC Reportable ✓ HN

Sunita Burman vs The Commissioner, M.P. Housing and Infrastructure Development Board and Others

Family Pension – Retiral Dues – Entitlement to – Division Bench of High Court in Writ Appeal reversed order passed by Single Judge in Writ P…

14 October 2022 · Dismissed · D.Y. Chandrachud, Hima Kohli

Civil SC Reportable ✓ HN

The State of Madhya Pradesh and Another vs M/s Commercial Engineers and Body Building Company Limited

Constitution of India: Art.226 – Writ jurisdiction in tax matters – Writ petition filed challenging order of asssessing officer denying inpu…

14 October 2022 · Allowed · M.R. Shah, Krishna Murari

Civil SC Reportable ✓ HN

M/s Delhi Airtech Services Pvt. Ltd & Anr. vs State of U.P. & Anr.

Land Acquisition Act, 1894 – ss.11A, 17(3A) – Is the requirement to tender payment of 80% of the estimated compensation as contemplated unde…

14 October 2022 · Disposed · S. Abdul Nazeer, A.S. Bopanna, V. Ramasubramanian

Civil SC Reportable ✓ HN

Aishat Shifa vs The State of Karnataka & Ors.

Constitution of India, 1950: Arts.14, 19 (1), 21 and 25 – Right to wear Hijab in Educational Institution – Freedom of Religion – Essential R…

13 October 2022 · Hemant Gupta, Sudhanshu Dhulia

Civil SC Reportable ✓ HN

Rajratan Babulal Agarwal vs Solartex India Pvt. Ltd.& Ors.

Insolvency and Bankruptcy Code, 2016 – s.9 – Application under – Corporate Insolvency Resolution process – ‘Pre-existing dispute’ – Applicat…

13 October 2022 · Allowed · K.M. Joseph, Hrishikesh Roy

Civil SC Reportable ✓ HN

Central Warehousing Corporation vs Adani Ports Special Economic Zone Limited

Infrastructure Project – Special Economic Zone – Gujrat Maritime Board (GMB) executed Lease and Possession Agreement thereby granting lease…

13 October 2022 · Allowed · Bhushan Ramkrishna Gavai, C.T. Ravikumar

Civil SC Reportable ✓ HN

The Bengal Secretariat Cooperative Land Mortgage Bank and Housing Society Ltd. vs Sri Aloke Kumar & Anr.

West Bengal Co-operative Societies Act, 1940: s. 95 – Dispute pertaining to co operative societies – Appellant Society to carry out the demo…

13 October 2022 · Allowed · Uday Umesh Lalit, S. Ravindra Bhat, J.B. Pardiwala

Civil SC Reportable ✓ HN

Securities and Exchange Board of India vs National Stock Exchange Members Association and Anr.

Securities and Exchange Board of India Act, 1992 – s.12(1) – Whether in terms of s.12(1), a single registration with SEBI is sufficient even…

13 October 2022 · Allowed · Ajay Rastogi, B.V. Nagarathna

Civil SC Reportable ✓ HN

Deputy Commissioner of Gift Tax, Central Circle-Ii vs M/s Bpl Limited

Gift Tax Act, 1958 – ss.4, 6 and Schedule II – Wealth Tax Act,1957 – Schedule III, Part A r.2(9) & r.2(11); Part C, rr.9 & 11; and Part H, r…

13 October 2022 · Dismissed · Sanjiv Khanna, J.K. Maheshwari

Civil SC Reportable ✓ HN

M/s Thermax Ltd. through Its Director vs Commissioner of Central Excise, Pune-1

Central Excise Tariff Act, 1985: Heading 8418 – Modified Vapour Absorption Chiller (MVAC) manufactured by assessee and sold and described in…

13 October 2022 · Dismissed · K.M. Joseph, Hrishikesh Roy

Civil SC Reportable ✓ HN

Meena Devi vs Nunu Chand Mahto @ Nemchand Mahto & Ors.

Motor Vehicles Act, 1988:ss. 140, 166 rw s.171 – Compensation – Enhancement of – Death of 12 year old boy in a motor accident – Tribunal awa…

13 October 2022 · Allowed · Sanjiv Khanna, J.K. Maheshwari