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Justice Abhay Manohar Sapre

263 Supreme Court judgments with Justice Abhay Manohar Sapre on the bench, 2018 to 2019, from the bench each Supreme Court Report prints. Being on the bench does not mean writing the opinion; each judgment page names the bench.

By year
2019 123 2018 140
Most often on the same bench
Justice Dinesh Maheshwari 75Justice R.K. Agrawal 61Justice Indu Malhotra 58Justice S. Abdul Nazeer 23Justice Uday Umesh Lalit 20Justice R. Subhash Reddy 14Justice Sanjay Kishan Kaul 6Justice Vineet Saran 2
Acts most often in these headnotes
Code of Civil Procedure, 1908 24Code of Criminal Procedure, 1973 20Indian Penal Code, 1860 19Income Tax Act, 1961 16Industrial Disputes Act, 1947 10Land Acquisition Act, 1894 8Constitution of India 6Motor Vehicles Act, 1988 5
Shiv Singh & Ors. vs State of Himachal Pradesh & Ors.
SC · 25 April 2018
[2018] 3 S.C.R. 947 : 2018 INSC 415
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.15(2) – Non-compliance of, effect – Objections filed by the land owners challenging proposed acquisition – No…
Sri Y.P. Sudhanva Reddy & Ors. vs The Chairman and Managing Director, Karnataka Milk Federation etc.
SC · 25 April 2018
[2018] 6 S.C.R. 853 : 2018 INSC 414
Possession – Appellants’ father had filed a suit for permanent injunction against the respondent in relation to the suit land, which was dismissed by the trial Court – After death of their father, appellants again filed…
B. L. Passi vs Commissioner of Income Tax, Delhi
SC · 24 April 2018
[2018] 3 S.C.R. 496 : 2018 INSC 397
Income Tax Act, 1961: s.80-O – Deduction under, claimed by assessee on the ground that it supplied to a foreign company the industrial and commercial knowledge about the Indian Automobile Industry, information about mark…
The Commissioner of Income Tax-Iv, Ahmedabad vs M/s. Shree Rama Multi Tech Ltd.
SC · 24 April 2018
[2018] 3 S.C.R. 927 : 2018 INSC 403
Income Tax Act, 1961 – Deduction – Share application money deposited in bank – Interest income earned therefrom – Claim for set off of interest income against the public issue expenses – Held: If the share application mo…
The Commissioner vs Mahindra and Mahindra Ltd. Thrg. M.D.
SC · 24 April 2018
[2018] 3 S.C.R. 951 : 2018 INSC 409
Income Tax Act, 1961 – ss. 28(iv) and 41(1) – Waived of loan amount, taxability – Sum of Rs. 57,74,064/- due by assessee to a Company – Later on waiver of loan by creditor-lender – Whether taxable as a perquisite u/s. 28…
Tapan Kumar Dutta vs Commissioner of Income Tax, West Bengal
SC · 24 April 2018
[2018] 4 S.C.R. 338 : 2018 INSC 395
Income Tax Act, 1961 – ss.158BD – Undisclosed income belonging to any person other than the searched person – Jurisdiction of assessing officer under s.158BD – Held: Notice under s.158BD can be issued to a person with re…
Commissioner of Income Tax-Vi vs Virtual Soft Systems Ltd.
SC · 24 April 2018
[2018] 5 S.C.R. 595 : 2018 INSC 399
Income Tax Act, 1961 – Deduction on account of lease equalization charges from lease rental income – Entitlement for – Held: The bifurcation of the lease rental is, by no stretch of imagination, an artificial calculation…
Commissioner of Income Tax, Delhi-1 vs M/s Container Corporation of India Ltd.
SC · 24 April 2018
[2018] 5 S.C.R. 607 : 2018 INSC 400
Income Tax Act, 1961 – s.80-IA – Deduction under s.80-IA on the profits earned from the Inland Container Depots – Held: The ICDs are Inland Ports and are subject to the provisions of s.80-IA – Deduction can be claimed fo…
Commissioner of Income Tax Kolkata Xii vs M/s Calcutta Export Company
SC · 24 April 2018
[2018] 5 S.C.R. 731 : 2018 INSC 411
Income Tax Act, 1961 – s.40(a)(ia) and ss.139(1), 200(1) – Amendment in s.40(a)(ia) by Finance Act, 2010 – If retrospective – Respondent-assessee, a partnership firm and a manufacturer and exporter of casting materials,…
Addl. Commissioner of Income Tax vs Bharat V. Patel
SC · 24 April 2018
[2018] 7 S.C.R. 1067 : 2018 INSC 406
Income Tax Act, 1961 – s.17(2) – ‘Perquisite’ – Amendment thereto, if retrospective – Respondent, Chairman and MD of Procter and Gamble (P&G), India (subsidiary of (P&G) USA) was issued Stock Appreciation Rights (SARs) b…
Apollo Zipper India Limited vs W. Newman and Co. Ltd.
SC · 20 April 2018
[2018] 3 S.C.R. 374 : 2018 INSC 384
Rules of High Court at Calcutta (Original Side), 1914: Chapter XIII-A-Rules 1(B), 6 and 9 – Leave to defend – Permissibility – Suit premises let out to defendant (tenant) – By original owner (a Company) – At monthly rent…
Paradeep Phosphates Limited vs State of Orissa & Ors.
SC · 19 April 2018
[2018] 3 S.C.R. 507 : 2018 INSC 377
Industrial Disputes Act, 1947: s.9A – Change in conditions of service – In 1998, due to financial crunch, Government decided to enhance retirement age from 58 to 60 – Appellant-company implemented the said decision of go…
Mahaveer Kumar Jain vs Commissioner of Income Tax, Jaipur
SC · 19 April 2018
[2018] 3 S.C.R. 875 : 2018 INSC 370
Income Tax Act, 1961: s.5 – Taxability under – Of income from lottery – When such income was already taxed under Sikkim State Income Tax Rules, 1948 – Held: A taxing statute should not be interpreted in such a manner tha…
Mangammal @ Thulasi and Anr. vs T.B. Raju and Ors.
SC · 19 April 2018
[2018] 6 S.C.R. 776 : 2018 INSC 372
MANGAMMAL @ THULASI AND ANR. v. T.B. RAJU AND ORS. (Civil Appeal No. 1933 of 2009) APRIL 19, 2018 [R. K. AGRAWAL AND ABHAY MANOHAR SAPRE, JJ.] Hindu Succession Act, 1956 – s.29-A – Right of daughter in coparcenary proper…
Smt. Sudama Devi & Ors. vs Vijay Nath Gupta & Anr.
SC · 17 April 2018
[2018] 3 S.C.R. 446 : 2018 INSC 350
Rent control and eviction: Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972: ss. 20(2)(a), 20(4) proviso – Suit for eviction by plaintiff (respondent) against defendant (appellant) on th…
Jalendra Padhiary vs Pragati Chhotray
SC · 17 April 2018
[2018] 3 S.C.R. 490 : 2018 INSC 351
Judgment/Order – Reasoned Order – Family Court passed a decree of divorce by dissolving the marriage of appellant-husband and respondent-wife – The Court also directed the appellanthusband to pay permanent alimony of Rs.…
Manimegalai vs The Special Tahsildar (Land Acquisition Officer) Adi Dravidar Welfare
SC · 16 April 2018
[2018] 3 S.C.R. 1086 : 2018 INSC 344
Land Acquisition Act, 1894 – s.4(1), 5A, 18 – Part of appellant’s land acquired – Land Acquisition Officer awarded compensation of Rs. 400/- per cent of land to the appellant – Subordinate Judge on reference u/s.18, gran…
Shivaji Yallappa Patil vs Sri Ranajeet Appasaheb Patil & Others
SC · 16 April 2018
[2018] 6 S.C.R. 739 : 2018 INSC 342
Specific Relief Act, 1963 – s.20 – Case of Respondents Nos.1 & 2 that four joint owners of a land agreed to sell their respective shares to them – Two joint owners expired – Respondent No.3,wife of one of the expired joi…
Sucha Singh Sodhi (D) Thr. Lrs. vs Baldev Raj Walia & Anr.
SC · 13 April 2018
[2018] 3 S.C.R. 324 : 2018 INSC 338
Code of Civil Procedure, 1908: O.II, r.2 – Suit to include the whole claim – On facts, first suit seeking injunction by original plaintiff against respondent no 1 withdrawn with the leave of the court – Later suit for sp…
Uma Pandey & Anr. vs Munna Pandey & Ors.
SC · 9 April 2018
[2018] 3 S.C.R. 1056 : 2018 INSC 314
Code of Civil Procedure, 1908 – s.100 – Second appeal involving substantial question of law, dismissed in limine – Propriety of – Appellants-plaintiffs filed suit against respondents-defendants for partition and separate…
Bharatiya Janata Party West Bengal vs State of West Bengal & Ors.
SC · 9 April 2018
[2018] 6 S.C.R. 693 : 2018 INSC 318
Election Laws – State Election Commission issued notifications for panchayat elections – Petitioner, a political party alleged that its candidates were not allowed to collect and submit the nomination forms, on account o…
The Director, Prasar Bharati vs Commissioner of Income Tax, Thiruvanthapuram
SC · 3 April 2018
[2018] 3 S.C.R. 287 : 2018 INSC 298
Income Tax Act, 1961: s. 194H Explanation – Payment of Commission or brokerage – Applicability of s. 194H – Appellantassessee entering into an agreement with several advertising agencies – Payment made by appellant to th…
Bharatkumar Rameshchandra Barot vs State of Gujarat
SC · 26 March 2018
[2018] 3 S.C.R. 689 : 2018 INSC 263
Code of Criminal Procedure, 1973: s.377 – Session Court awarded to the appellant 10 years rigorous imprisonment for offence under s.302 IPC – On State’s appeal under s.377, High Court enhanced the sentence from 10 years…
Gorusu Nagaraju S/O Apparao vs State of Andhra Pradesh
SC · 23 March 2018
[2018] 3 S.C.R. 60 : 2018 INSC 257
GORUSU NAGARAJU S/O APPARAO v. STATE OF ANDHRA PRADESH (Criminal Appeal No. 1032 of 2007) MARCH 23, 2018 [R. K. AGRAWAL AND ABHAY MANOHAR SAPRE, JJ.] Penal Code, 1860: ss.302 and 201 – Murder – Circumstantial evidence –…
Netram Sahu vs State of Chhattisgarh & Anr.
SC · 23 March 2018
[2018] 3 S.C.R. 682 : 2018 INSC 258
Payment of Gratuity Act, 1972 – s.2(e) r/w s.2A – Qualified service – Appellant rendered 22 years as daily wager and 3 years as regular work charge employee i.e. he was regularised 3 years prior to his retirement – Wheth…
P. Sreekumar vs State of Kerala & Ors.
SC · 19 March 2018
[2018] 3 S.C.R. 665 : 2018 INSC 246
Code of Criminal Procedure, 1973: s.482 – Two FIRs filed in relation to the same offence and against the same accused – Whether the subsequent FIR was liable to be quashed – In the instant case, appellant was Chief Execu…
Sivakami & Ors. vs State of Tamil Nadu & Ors.
SC · 12 March 2018
[2018] 3 S.C.R. 633 : 2018 INSC 226
Judgment/Order: Non-reasoned order – Sustenance of – Writ petition before High Court, challenging land acquisition proceeding, allowed by Single Judge of High Court – Division Bench of High Court in writ appeal set aside…
Ummer vs Pottengal Subida & Ors.
SC · 8 March 2018
[2018] 3 S.C.R. 596 : 2018 INSC 219
Limitation Act, 1963 – s.5– “Sufficient cause” –Ex-parte decree passed against the appellant – Application filed by appellant for setting aside the same along with application for condonation of delay in filing the appli…
Pralhad Shankarrao Tajale & Ors. vs State of Maharashtra through Its Secretary (Revenue) & Anr.
SC · 8 March 2018
[2018] 3 S.C.R. 627 : 2018 INSC 221
Practice and Procedure – Procedural laws vis-a-vis substantive laws – Construction of – Writ petition filed by appellants challenging order passed by State Minister for Revenue, dismissed by Single Judge – Intra court ap…
Bhupendra Kumar Chimanbhai Kachiya Patel vs Divisional Controller Gsrtc Nadiad
SC · 7 March 2018
[2018] 3 S.C.R. 567 : 2018 INSC 218
Industrial Disputes Act, 1947 – s.18 and Explanation to s.25C – Appellants-employees joined the services of respondent-State Road Transport Corporation as “Badali Kamdars” – Settlement between Union of the workers and Co…

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