Landmark Cases on Other

136 decisions, ranked by how many judgments on BharatTax rely on them.

P.N. KRISHNA LAL AND OTHERS v. GOVT. OF KERALA AND ANOTHER. 15
5 SCC 410 · 1994 · Reported
101
citing judgments
Pepsi Foods Ltd. v. Special Judicial Magistrate
5 SCC 749 · 1998 · Reported
101
citing judgments

The nomenclature under which a petition is filed is not determinative, and courts are not debarred from exercising their inherent jurisdiction unless a special mandatory procedure is prescribed. This principle applies when challenging judicial orders, such as the issuance of process.

60. In State of Tamil Nadu v. Thirumagal Mills Ltd.
1 SCC 176 · 2011 · Reported
100
citing judgments

The legislature can validate a tax declared illegal only if the grounds of illegality or invalidity are capable of being, and are in fact, removed. This can be achieved through methods such as retrospective re-enactment of a valid taxing provision or by curing jurisdictional defects.

CASES 66: NATIONAL BUILDINGS CONSTRUCTION CORPORATION v. S. RAGHUNATHAN AND OTHERS. 58
3 SCC 258 · 2002 · Reported
100
citing judgments
M.H. Hoskot v. State of Maharashtra
3 SCC 544 · 1987 · Reported
100
citing judgments

The right to legal aid is a fundamental right guaranteed to an accused person, including at the appellate stage, forming an essential part of fair procedure under Article 21 of the Constitution.

Bhagwati, J., in E.P. Royappa v. State of T.N
4 SCC 3 · 1974 · Reported
100
citing judgments

Arbitrary State action, particularly in matters of public employment, violates the fundamental rights to equality enshrined in Articles 14 and 16 of the Indian Constitution, as arbitrariness is antithetical to the rule of law.

GHCL EMPLOYEES STOCK OPTION TRUST v. INDIA INFOLINE LIMITED & OTHERS
4 SCC 505 · 2013 · Reported
100
citing judgments
Commissioner of Customs, Chennai v. Pentamedia Graphics Ltd.
9 SCC 502 · 2015 · Reported
100
citing judgments
ILR 2007 KAR 259: THE STATE OF KARNATAKA BY ITS SECRETARY REVENUE DEPARMENT AND OTHERS v. HOLEYAPPA AND OTHERS. 3
15 SCC 744 · 2007 · Reported
99
citing judgments
HARYANA vs BRIJ LAL MITTAL & OTHERS (3) (2008)5 SCC 662 S.K.ALAGH v. STATE OF UTTAR PRADESH & OTHERS 588 (4)
17 SCC 285 · 2008 · Reported
99
citing judgments
K.A.ABBAS v. UNION OF INDIA
2 SCC 780 · 1970 · Reported
99
citing judgments

A penal law is void for vagueness if it fails to define a criminal offence with sufficient definiteness. This doctrine applies when a law lacks clear tests for determining who falls within its definitions, rendering its application uncertain.

KARTAR SINGH AND OTHERS 27. (1998) 6 SCC 288: EMPLOYEE'S STATE INSURANCE CORPORATION v. S.K. AGGARWAL AND OTHERS 28
4 SCC 158 · 2004 · Reported
99
citing judgments
RANARAYANAN Vs. DEPUTY COMMISSIONER, BANGALORE. 11.(1989) 4 SCC 630: SHAN SUNDER AND OTHERS v. STATE OF HARYANA. 12
5 SCC 343 · 1998 · Reported
99
citing judgments
UNION OF INDIA AND ANOTHER AND CONNECTED MATTERS. 20.(2004) 7 SCC 398: GOUNI SATYA REDDI v. GOVT. OF A.P AND OTHERS. 21
5 SCC 382 · 2010 · Reported
99
citing judgments
STATE OF A.P AND OTHERS v. K MOHANLAL AND ANOTHER
5 SCC 468 · 1998 · Reported
99
citing judgments

The Supreme Court affirms the constitutional validity of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982. It holds that the appropriate legislature may establish tribunals for the adjudication of disputes relating to land, as provided under Article 323-B of the Constitution of India.

SEEMA SILK SAREES AND ANOTHER v. DIRECTORATE OF ENFORCEMENT AND OTHERS
5 SCC 580 · 2008 · Reported
99
citing judgments

This case is an authority on the constitutional validity of enactments, frequently cited in arguments made by respondents to uphold the legislative competence and power of the State to legislate specific laws.

RASIPURAM TEXTILE PRIVATE LIMITED & OTHERS (5) (2005)8 SCC 89 S.M.S.PHARMACEUTICALS LTD. v. NEETA BHALLA AND ANOTHER (6)
5 SCC 661 · 2012 · Reported
99
citing judgments

The case clarifies the requirement of mens rea for establishing criminal liability under statutory provisions, particularly in relation to the vicarious liability of directors or officers for offenses committed by a company. It is cited in arguments concerning whether a specific Act dispenses with the need for mens rea.

4 SCC 630: SHAN SUNDER AND OTHERS v. STATE OF HARYANA. 12
5 SCC 662 · 2008 · Reported
99
citing judgments
G.H. NAGARAJ & ORS. Vs. STATE OF KARNATAKA & ORS. 383 26. 1995 SUPP(4) SCC 684: MOHAN LAL v. KARTAR SINGH AND OTHERS 27
6 SCC 288 · 1998 · Reported
99
citing judgments
COMMISSIONER OF CENTRAL EXCISE, MUMBAI & GOA. 45.AIR 1975 SC 149: MITTHULAL AND ANOTHER v. THE STATE OF M.P. 46
6 SCC 498 · 2009 · Reported
99
citing judgments
Franklin Templeton Trustee Services Private Limited & Anr. v. Amruta Garg & Ors.
6 SCC 736 · 2021 · Reported
99
citing judgments

This case defines the concept of "absurdity" in statutory interpretation, construing it to include results that are unworkable, impractical, illogical, or unjust. It guides that enacted law should not set a standard which is palpably unfair, unreasonable, or makes no sense.

Article 14 of the Constitution. In Cellular Operators Association of India v. Telecom Regulatory Authority of India
7 SCC 703 · 2016 · Reported
99
citing judgments
SRI. ARAVINDA KUMAR v. THE STATE OF KARNATAKA. 77
8 SCC 182 · 2002 · Reported
99
citing judgments
SHIV SHAKTI COOPERATIVE HOUSING SOCIETY, NAGPUR v. M/S SWARAJ DEVELOPERS AND OTHERS. 13
8 SCC 243 · 2012 · Reported
99
citing judgments
Goodyear v. State of Haryana
188 ITR 402 · 1991 · Supreme Court
94
citing judgments

The rule of reasonable construction must be applied while interpreting a statute, avoiding literal construction if it defeats the manifest object and purpose of the Act. Statutes have a purpose and object whose sympathetic and imaginative discovery is the surest guide to their meaning.

Rainbow Steels Ltd., Muzaffarnagar and Birla Cotton Spinning and Weaving Mills Ltd., Delhi v. CST U.P. and State of U.P
2 SCC 141 · 1981 · Reported
94
citing judgments

When interpreting a tax entry listing items like "old, discarded, unserviceable or obsolete machinery," the word "old" is given a restricted meaning by applying `noscitur a sociis`, implying machinery that is non-functional or non-usable, rather than merely aged.

Reserve Bank of India v. Peerless General Finance and Investment Company Limited
1 SCC 424 · 1987 · Reported
92
citing judgments

The case establishes that statutory interpretation requires considering both the text and its context, as context provides color to the texture of the text. A statute is best understood when its purpose is known, and it must be read holistically before analyzing individual parts.

CIT v. Naga Hills Tea Co. Ltd.
89 ITR 236 · 1973 · Supreme Court
92
citing judgments

If a provision of a taxing statute can be reasonably interpreted in two ways, the interpretation favorable to the assessee must be accepted. This fundamental principle ensures fairness when ambiguity exists in tax law.

Godfrey Philips India Ltd. v. State of U.P
2 SCC 515 · 2005 · Reported
90
citing judgments

The Supreme Court holds that the word 'including' in a taxing entry signifies that what follows is part of or contained within the broader category, and may enlarge the definition. It applied the principle of noscitur a sociis to interpret 'luxuries' in Entry 62 List II of the Constitution, meaning it should be understood in a sense analogous to the specific words grouped with it.

Dharam Dutt v. Union of India
1 SCC 712 · 2004 · Reported
88
citing judgments
Gujarat v. Akhil Gujarat Pravasi V.S. Mahamandal
5 SCC 155 · 2004 · Reported
85
citing judgments

Observations made in a judgment must be read within their proper context, and a judicial decision is not considered authority for any proposition that was not specifically considered or decided by the court.

STATE OF U.P v. VAM ORGANIC CHEMICALS LTD.,20
1 SCC 225 · 2004 · Reported
84
citing judgments

This case clarifies and reaffirms the fundamental distinction between a "fee" and a "tax", reiterating that a fee involves an element of quid pro quo for specific services, while a tax is a compulsory exaction without a direct correlation to individual services rendered.

Calcutta Municipal Corporation and Others v. Shrey Mercantile Pvt. Ltd.
4 SCC 245 · 2005 · Reported
84
citing judgments

The case holds that the literal rule of construction is appropriate for interpreting statutory definitions, particularly in determining what constitutes a 'shop' or commercial premises under municipal laws for taxation or licensing purposes.

Shri Manjeet Singh HUF v. UOI & Others in CWP No. 15506 of 2013; Shri Puneet Singh vs. CIT
110 Taxmann.com 116 · 2019 · Reported
83
citing judgments

Interest received on compensation or enhanced compensation from compulsory acquisition of land is taxable under the head 'Income from other sources' in the year of receipt, as per the amended provisions, with a 50% deduction available under section 57(iv).

(India) Ltd. v. Edelweiss Assets Reconstruction Co. Ltd.
2 SCR 477 · 1965 · Reported
83
citing judgments

Parallel proceedings in different forums, such as High Court winding-up and NCLT IBC applications, must not be allowed to continue as they frustrate the object of the Insolvency and Bankruptcy Code (IBC). Such proceedings should be transferred to a single forum to ensure the IBC's effectiveness.

266 (iv) Delhi Race Club v. Union of India9
2 SCR 537 · 1961 · Reported
83
citing judgments

A cess is distinct from a tax as it constitutes a form of fee levied for a particular purpose. It does not possess the general character of a tax.

Ahmedabad Urban Development Authority v. Sharadkumar Jayantikumar Pasawalla
3 SCC 285 · 1992 · Reported
83
citing judgments

A delegated authority can impose a tax or fee only if there is an express and very specific statutory provision, precluding any reliance on implied authority, implied intent, or incidental and ancillary powers in fiscal matters. The delegated authority must act strictly within the parameters of the power conferred.

13. In Continental Construction Co. Ltd. v. State of M.P
3 SCC 82 · 1987 · Reported
83
citing judgments

An arbitrator, not being a conciliator, must decide disputes according to law and cannot ignore or misapply it to achieve what they deem just and reasonable. A court can set aside an arbitrator's award if an error of law appears on the face of the award.

Dewanchand Builders and Contractors v. Union of India
1 SCC 101 · 2012 · Reported
82
citing judgments

This case is cited for the principle that a decision not founded on reasons, rendered without argument, or sub silentio, does not constitute a binding declaration of law or ratio decidendi under Article 141 of the Constitution.

CIT v. Tara Agencies
292 ITR 444 · 2007 · Supreme Court
80
citing judgments

When interpreting fiscal legislation, courts must adhere strictly to the plain and unambiguous language of the statute, without introducing intendment, equity, or words not present in the text, irrespective of perceived hardship. The legislative intent must be gathered solely from what has been said and not said in the statutory language.

Samaj Parivartana Samudaya v. State of Karnataka
8 SCC 154 · 2013 · Reported
76
citing judgments
Bengal Immunity Company Limited v. State of Bihar
2 SCR 603 · 1955 · Reported
75
citing judgments

Even when the language of a statutory section is clear and unambiguous, other parts of the statute, while not controlling its interpretation, can prima facie furnish a clue as to the section's meaning and purpose.

Area Development Authority v. SAIL
4 SCC 450 · 2011 · Reported
74
citing judgments
Mahender Pal Narang v. CBDT
126 Taxmann.com 105 · 2021 · Supreme Court
73
citing judgments

Interest on compensation or enhanced compensation is taxable as income from other sources. The Supreme Court has dismissed a Special Leave Petition (SLP) upholding the High Court's decision that such receipts are taxable.

CIT v. Karnataka Urban Infrastructure Development and Finance Corporation
284 ITR 582 · 2006 · High Court
73
citing judgments

Funds received by an entity acting as a nodal agency or agent of the government for implementing specific government schemes, or income generated from such funds (like lease premiums or interest), are not taxable in the hands of the agency if held on behalf of or remitted to the government.

82 ITR 363 (SC); Tuticorin Alkali Chemicals & Fertilizers Ltd. v. CIT
93 Taxmann 502 · 1997 · Supreme Court
72
citing judgments

Interest income earned by an assessee during the period when its business has not commenced, even from funds meant for capital expenditure, is revenue in nature and is assessable under the head 'income from other sources'. The nature of the income, rather than the source of the funds generating it, determines its taxability.

U.P.Pollution Control Board v. Kanoria Industrial Limited
2 SCC 549 · 2001 · Reported
69
citing judgments

The right to life under Article 21 of the Indian Constitution includes the fundamental right to shelter, encompassing adequate living space, safe structures, clean surroundings, and essential amenities.

Krishnaswamy S. Pd v. Union of India
281 ITR 305 · 2006 · Supreme Court
68
citing judgments

The case upholds the legal maxim "Lex Non Cogit ad impossibilia", meaning one is not required under the law to perform what is impossible. This principle applies when compliance with a legal requirement is practically impossible.

Hoechst Pharmaceuticals Limited v. State of Bihar
4 SCC 45 · 1983 · Reported
66
citing judgments

A state law is constitutionally valid if its 'pith and substance' falls within the State List, and mere incidental overlap with a Union List subject does not establish conflict or repugnancy with central legislation.

CIT v. V.P. Gopinathan
248 ITR 449 · 2001 · Supreme Court
66
citing judgments

Interest paid on a loan taken against the security of a fixed deposit cannot be set off against or reduced from the interest income earned on that fixed deposit. The Income-tax Act does not permit such netting.