Supreme Court of India

Supreme Court judgments of 2023

21 judgments with AI-generated headnotes, newest first.

• SUSHMA SHIVKUMAR DAGA & ANR. versus MADHURKUMAR RAMKRISHNAJI BAJAJ & ORS

  15/12/2023 · [2023] 15 S.C.R. 909

  The Supreme Court upheld referral to arbitration of a suit challenging a conveyance and termination of development agreements. The broad arbitration clauses in the foundational tripartite agreements covered the derivative transactions. Cancellation relief was an action in personam, and an unsubstantiated fraud allegation did not make the dispute non-arbitrable.

• RAM KISHOR ARORA versus DIRECTORATE OF ENFORCEMENT

  15/12/2023 · [2023] 16 S.C.R. 743

  The Supreme Court rejected a challenge to a June 2023 PMLA arrest where the arrestee had read and signed the written grounds but was not given a copy to retain. It treated the requirement in Pankaj Bansal to furnish written grounds as prospective and held that the earlier arrest complied with Section 19 and Article 22(1).

• SAYUNKTA SANGARSH SAMITI & ANR versus THE STATE OF MAHARASHTRA & ORS.

  15/12/2023 · [2023] 16 S.C.R. 724

  The Supreme Court upheld allotment of rehabilitation tenements through the statutory lottery procedure. A private settlement reserving particular towers for members of a minority slum society could not bind the Slum Rehabilitation Authority or override the development regulations and allotment policy.

• MOHAMMED ABDUL WAHID versus NILOFER & ANR

  14/12/2023 · [2023] 15 S.C.R. 866

  The Supreme Court held that a party testifying in a civil suit stands on the same footing as another witness for the documentary exceptions governing cross-examination. Documents may be produced at that stage for effective confrontation or refreshing memory without advance production, subject to the limited purpose and their connection with the pleadings.

• DELHI INTERNATIONAL AIRPORT LTD. versus AIRPORTS ECONOMIC REGULATORY AUTHORITY & ORS.

  14/12/2023 · [2023] 15 S.C.R. 802

  On applications by the Delhi and Mumbai airport operators, the Supreme Court directed TDSAT to examine a previously unproduced Ministry of Civil Aviation letter for its effect on computation of the hypothetical regulatory asset base. It left the merits of the proposed single-till computation to the specialist tribunal.

• SHAKTI YEZDANI & ANR. versus JAYANAND JAYANT SALGAONKAR & ORS.

  14/12/2023 · [2023] 16 S.C.R. 695

  The Supreme Court held that nomination of shares or securities does not confer absolute beneficial ownership or displace testamentary or intestate succession. The statutory vesting and overriding clauses facilitate dealings with the company or depository after the holder’s death and discharge its liability, while preserving lawful successors’ claims.

• AFJAL ANSARI versus STATE OF UP

  14/12/2023 · [2023] 16 S.C.R. 969

  By a 2–1 majority, the Supreme Court conditionally suspended Afjal Ansari’s conviction pending his High Court appeal, permitting future electoral candidature but withholding participation, voting and monetary benefits in the existing Lok Sabha. The majority found exceptional circumstances; the dissent considered the pleadings and claimed irreversible consequences insufficient.

• MANIK HIRU JHANGIANI versus STATE OF M.P

  14/12/2023 · [2023] 16 S.C.R. 551

  The Supreme Court quashed prosecution for misbranding under the Prevention of Food Adulteration Act where the alleged act occurred after the corresponding penalty provision of the Food Safety and Standards Act had commenced. Section 89 gave the newer Act priority over the inconsistent imprisonment provision, while leaving lawful action under Section 52 open.

• U.P. SINGH versus PUNJAB NATIONAL BANK

  14/12/2023 · [2023] 15 S.C.R. 893

  The Supreme Court upheld a bank workman’s deemed voluntary retirement after prolonged absence and failure to report despite repeated notices. He had not challenged the punishment and posting order through the available remedies. Suspension did not sever employment or make the governing service terms inapplicable.

• SAUMYA CHAURASIA versus DIRECTORATE OF ENFORCEMENT

  14/12/2023 · [2023] 15 S.C.R. 848

  The Supreme Court refused bail in a money-laundering case concerning an alleged coal-levy extortion syndicate. The proviso for women in Section 45 confers judicial discretion rather than an automatic entitlement. The Court found prima facie evidence of involvement, rejected the claimed disappearance of the predicate offence, and imposed costs for misrepresentation in the appeal.

• STATE OF HARYANA AND OTHERS versus DINESH SINGH AND ANOTHER

  14/12/2023 · [2023] 16 S.C.R. 1046

  The Supreme Court upheld exclusion of a Tehsildar from Register A-I for Haryana Civil Service recruitment because disciplinary action was contemplated on the date of consideration. The age cut-off of 1 November 2018 did not govern that separate eligibility condition. Later dropping of the proceedings did not alter eligibility on the relevant date.

• UNION OF INDIA & ORS versus AIR COMMODORE NK SHARMA (17038) ADM/LGL

  14/12/2023 · [2023] 16 S.C.R. 1026

  The Supreme Court set aside an Armed Forces Tribunal direction to frame a separate promotion policy for JAG (Air) and continue the officer beyond retirement pending consideration under it. The Tribunal exceeded its statutory role. The officer’s challenge to the method of promotion also failed because he raised it only after participating unsuccessfully.

• IN RE: INTERPLAY BETWEEN ARBITRATION AGREEMENTS UNDER THE ARBITRATION AND CONCILIATION ACT 1996 AND THE INDIAN STAMP ACT 1899 versus .

  13/12/2023 · [2023] 15 S.C.R. 1081

  A seven-Judge Bench held that non-stamping or insufficient stamping makes an agreement inadmissible in evidence, not void, and is a curable defect. Stamp objections are for the arbitral tribunal rather than the court under Sections 8 or 11. The Court overruled N.N. Global 2, SMS Tea Estates and the contrary portions of Garware Wall Ropes, while preserving stamp-law compliance before the tribunal.

• P.C. MODI versus THE JAWAHARLAL NEHRU VISHWA VIDYALAYA AND ANOTHER

  13/12/2023 · [2023] 16 S.C.R. 955

  The Supreme Court held that a university Physical Training Instructor/Sports Officer who imparted sports instruction came within the governing Act’s definition of teacher and was entitled to retire at 62 rather than 60. It restored the Single Judge’s decision and awarded consequential salary and recalculated retirement benefits.

• RAJPAL versus STATE OF RAJASTHAN

  12/12/2023 · [2023] 16 S.C.R. 1136

  While permitting withdrawal of a bail-related SLP, the Supreme Court reiterated that matters arising from one FIR should be listed before the same Judge to promote consistency. It directed circulation of the present and earlier orders to all High Courts, while clarifying that bail parity for co-accused depends on relevant facts and is not automatic.

• IN RE: ARTICLE 370 OF THE CONSTITUTION versus .

  11/12/2023 · [2023] 16 S.C.R. 1

  The Constitution Bench upheld C.O. 273 making Article 370 inoperative and C.O. 272 insofar as it applied the entire Constitution to Jammu and Kashmir, but invalidated the substitution of the Legislative Assembly for the Constituent Assembly through Article 367. It upheld creation of Ladakh as a Union Territory, left open conversion of an entire State into Union Territories in view of the assurance to restore Jammu and Kashmir’s statehood, and directed Assembly elections by 30 September 2024.

• M/S NORTH EASTERN CHEMICALS INDUSTRIES (P) LTD. & ANR versus M/S ASHOK PAPER MILL (ASSAM) LTD. & ANR.

  11/12/2023 · [2023] 15 S.C.R. 821

  The Supreme Court held that Article 116 of the Limitation Act did not govern an appeal against the Commissioner of Payments under the Jogighopa acquisition statute. No appeal period having been prescribed, reasonable time applied. The claimant’s intervening pursuit of contempt proceedings supported maintainability, and the appeal was restored for consideration on merits.

• M/S DARVELL INVESTMENT AND LEASING (INDIA) PVT. LTD. AND OTHERS versus THE STATE OF WEST BENGAL AND OTHERS

  08/12/2023 · [2023] 16 S.C.R. 941

  The Supreme Court allowed the purchasers’ appeal in a dispute over cancellation of a Scheduled Tribe certificate used to challenge old land sales. Although the amended scrutiny provision could govern the pending proceedings, the Court declined another remand because the private respondent’s unsupported status claim and inconsistent conduct had no merit on the record.

• MRS. KALYANI RAJAN versus INDRAPRASTHA APOLLO HOSPITAL & ORS.

  17/10/2023 · [2023] 15 S.C.R. 97

  The complainant did not prove that the patient’s cardiac arrest was caused by the neurosurgery or inadequate post-operative care. On the hospital record and the absence of supporting medical evidence, the doctrine of res ipsa loquitur did not establish negligence, and the consumer complaint was rightly dismissed.

• SAMIR KUMAR MAJUMDER versus THE UNION OF INDIA & ORS.

  20/09/2023 · [2023] 12 S.C.R. 254

  A railway substitute teacher could not reopen his claim to absorption as a higher-secondary Assistant Teacher after omitting it from earlier proceedings. His later claim to continuity of service was a fresh cause of action: under the Railway Board’s Master Circular, he was entitled to count substitute service from the date he acquired temporary status, with consequential pay and retirement benefits.

• DHANRAJ N ASAWANI versus AMARJEET SINGH MOHINDER SINGH BASI AND OTHERS

  25/07/2023 · [2023] 11 S.C.R. 297

  Section 81(5B) of the Maharashtra Co-operative Societies Act imposes duties on an auditor and the Registrar to report suspected financial offences, but does not prevent a shareholder from independently setting the criminal law in motion. The police investigation could therefore proceed on the shareholder’s FIR, and the High Court’s order quashing it was set aside.