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Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
2,001–2,020 · Page 101 of 500
Supreme Court of India2 Feb 2023Full text
2023 INSC 94 · [2023] 5 S.C.R. 701
DR. DHANANJAYA Y CHANDRACHUD, CJI 1. The petitioner has invoked the jurisdiction of this Court under Article 32 of the Constitution to challenge the constitutional validity of Section 33(7) of the Representation of the People Act 19511. B 2. Apart from the above challenge, the petitioner seeks a direction to the Centra…
Supreme Court of India19 Oct 2023Full text
2023 INSC 939 · [2023] 14 S.C.R. 935
Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
2,001–2,020 · Page 101 of 500
Supreme Court of India2 Feb 2023Full text
2023 INSC 94 · [2023] 5 S.C.R. 701
DR. DHANANJAYA Y CHANDRACHUD, CJI 1. The petitioner has invoked the jurisdiction of this Court under Article 32 of the Constitution to challenge the constitutional validity of Section 33(7) of the Representation of the People Act 19511. B 2. Apart from the above challenge, the petitioner seeks a direction to the Centra…
Supreme Court of India19 Oct 2023Full text
2023 INSC 939 · [2023] 14 S.C.R. 935
– Said fi nding upheld by the appellate authority but modifi ed the restored land to 17 acres 17 guntas – Thereafter, in Revision, the case was remanded – High Court also ordered remand of the matter for examination afresh of the bonafi de requirement of the heirs of the landlord for personal cultivation – Correctness: He…
Supreme Court of India19 Oct 2023Full text
2023 INSC 938 · [2023] 15 S.C.R. 113
Negligence – Medical Negligence – The NCDRC concluded that the negligence charge regarding the unjustifi able ‘NI’ procedure was proved – The act of replacing the existing Tracheostomy Tube (TT), with ‘NI’ was held to have been an avoidable course of action that was other than what should have ordinarily been done in th…
Supreme Court of India19 Oct 2023Full text
2023 INSC 936 · [2023] 14 S.C.R. 977
978 SUPREME COURT REPORTS [2023] 14 S.C.R. the said experts are government servants and could not have attended the Court at the request of an accused in jail – There was no opportunity, in the real sense, to the appellant to cross-examine the experts – Therefore, the Judgment of conviction and sentence passed by the T…
Supreme Court of India19 Oct 2023Full text
2023 INSC 935 · [2023] 14 S.C.R. 520
Per Manoj Misra, J: Setting aside the judgment of the High Court it was held that if the landowners did not get their names mutated in the record of rights, how would the State come to know of their ownership, thus, mere non-service of notice, u/s. 52(2) of the 1959 Act, upon non-recorded owners, would not render the a…
Supreme Court of India19 Oct 2023Full text
2023 INSC 934 · [2023] 14 S.C.R. 959
Held: It is established that negative inferences cannot be drawn for a question or incriminating circumstance not put to an accu…
Supreme Court of India19 Oct 2023Full text
2023 INSC 933 · [2023] 15 S.C.R. 923
Held: Omission to frame charge does not disable the court from convicting the accused for the offence which is found to have been proved on the evidence on record – On facts, from the statement of charge framed u/s. 304B and in the alternative s. 306, it is clear that all the facts and ingredients for framing the charge…
Supreme Court of India19 Oct 2023Full text
2023 INSC 932 · [2023] 14 S.C.R. 995
996 SUPREME COURT REPORTS [2023] 14 S.C.R. of disagreement by one party, the tribunal has to continue with the previous arrangement, or decline to act as arbitrator – By insisting that the increase of fee should prevail does not amount to a per se ineligibility, reaching to the level of voiding the tribunal’s appointme…
Supreme Court of India19 Oct 2023Full text
2023 INSC 931 · [2023] 14 S.C.R. 683
Held: Second Award is equally in conflict with the public policy of India as the First Award – While remitting Claim No.12 for reconsideration, the Arbitrator was warned not to be infl uenced by the factors that weighed in his mind while making the First Award – Arbitrator was also required to proceed only on the basis o…
Supreme Court of India19 Oct 2023Full text
2023 INSC 930 · [2023] 14 S.C.R. 1021
Election – Election Petition – Scope of interference – Plea of the respondent that there is no uniformity in the opinion expressed by the witness with regard to the custom followed by the Mishmi tribe: Held: In the scope available to this Court in an election petition it would not be appropriate for this Court to eithe…
Supreme Court of India1 Feb 2023Full text
2023 INSC 93 · [2023] 2 S.C.R. 293
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.284 of 2023. F From the Judgment and Order dated 17.04.2018 of the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh in CRLR No.1678 of 2014. With G Special Leave Petition (Crl) No.7100 of 2018. M. Rambabu, Ms. Prity Kum…
Supreme Court of India19 Oct 2023Full text
2023 INSC 929 · [2023] 14 S.C.R. 1033
Transfer of Property Act, 1882 – Assignment of receivables – Sanction of financial facility of ₹400 crores to the borrower by the lender – Parties entered into Master Facility Agreement-MFA and Assignment Agreement-AA – As per MFA receivables or rents which borrower is entitled to, form the security for the advance exte…
Supreme Court of India19 Oct 2023Full text
2023 INSC 928 · [2023] 16 S.C.R. 1139
International Convention/Treaties – Constitution of India – Article 253, 73 – Treaty making power: Held: The terms of a treaty ratifi ed by the Union do not ipso facto acquire enforceability – The Union has exclusive executive power to enter into international treaties and conventions under Article 73 r/w corresponding …
Supreme Court of India19 Oct 2023Full text
2023 INSC 927 · [2023] 13 S.C.R. 675
[2023] 13 S.C.R. 675 : 2023 INSC 927 CASE DETAILS INITIATIVES FOR INCLUSION FOUNDATION & ANR. v. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 1224 of 2017) OCTOBER 19, 2023 [S. RAVINDRA BHAT AND DIPANKAR DATTA, JJ.] HEADNOTES Issue for consideration: Writ petitioner sought directions for implementation of the Sexua…
Supreme Court of India18 Oct 2023Full text
2023 INSC 925 · [2023] 14 S.C.R. 511
LIST OF CITATIONS AND OTHER REFERENCES Bijay Kumar Singh v. Amit Kumar Chamariya (2019) 10 SCC 660; Nasiruddin and Ors v. Sita Ram Agarwal (2003) 2 SCC 577: [2003] 1 SCR 634 – referred to. OTHER CASE DETAILS INCLUDING IMPUGNED ORDER AND APPEARANCES CIVIL APPELLATE JURISDICTION : Civil Appeal No.6565 of 2023 From the Ju…
Supreme Court of India18 Oct 2023Full text
2023 INSC 924 · [2023] 14 S.C.R. 890
892 SUPREME COURT REPORTS [2023] 14 S.C.R. are inconsistencies, the statement that has been recorded by a Magistrate or like higher officer can be relied on, subject to the indispensable qualities of truthfulness and being free of suspicion; 7. In the presence of inconsistencies, the medical fitness of the person making s…
Supreme Court of India18 Oct 2023Full text
2023 INSC 923 · [2023] 14 S.C.R. 492
[2023] 14 S.C.R. 492 : 2023 INSC 923 CASE DETAILS TOTTEMPUDI SALALITH v. STATE BANK OF INDIA & ORS. (Civil Appeal No. 2348 of 2021) OCTOBER 18, 2023 [ANIRUDDHA BOSE AND VIKRAM NATH, JJ.] HEADNOTES Issue for consideration: Issues arose as to whether the debts in connection with the recovery certificate issued in the year…
Supreme Court of India17 Oct 2023Full text
2023 INSC 921 · [2023] 15 S.C.R. 97
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 10347 of 2010. From the Judgment and Order dated 03.08.2010 of the National Consumer Disputes Redressal Commission, New Delhi in Original Petition No.74 of 1999. Appearances: Nikhil Nayyar, Sr. Adv., T. V. S. Raghavendra Sreyas, Ms. Sugandha Batra, Ms. Gayatri Gulati, Divy…
Supreme Court of India17 Oct 2023Full text
2023 INSC 920 · [2023] 16 S.C.R. 1209
1209 1210 SUPREME COURT REPORTS [2023] 16 S.C.R. Some of the prayers also related to the right of such couples to adopt under existing laws in India. The issue was whether Regulations 5(2)(a) and 5(3) read with Schedules II, III and VI of the Adoption Regulations framed by the Central Adoption Resource Authority (CARA)…
Supreme Court of India1 Feb 2023Full text
2023 INSC 92 · [2023] 3 S.C.R. 871
– Writ petition thereagainst – High Court relegated the appellant to D the alternative remedy of appeal u/s. 33, which it had not pursued – Justification of – Held: Mere availability of an alternative remedy of appeal or revision, which the party invoking the jurisdiction of the High Court u/Art. 226 has not pursued, w…
Also on Law on Tips: Bare Acts · Legal news and analysis
– Said fi nding upheld by the appellate authority but modifi ed the restored land to 17 acres 17 guntas – Thereafter, in Revision, the case was remanded – High Court also ordered remand of the matter for examination afresh of the bonafi de requirement of the heirs of the landlord for personal cultivation – Correctness: He…
Supreme Court of India19 Oct 2023Full text
2023 INSC 938 · [2023] 15 S.C.R. 113
Negligence – Medical Negligence – The NCDRC concluded that the negligence charge regarding the unjustifi able ‘NI’ procedure was proved – The act of replacing the existing Tracheostomy Tube (TT), with ‘NI’ was held to have been an avoidable course of action that was other than what should have ordinarily been done in th…
Supreme Court of India19 Oct 2023Full text
2023 INSC 936 · [2023] 14 S.C.R. 977
978 SUPREME COURT REPORTS [2023] 14 S.C.R. the said experts are government servants and could not have attended the Court at the request of an accused in jail – There was no opportunity, in the real sense, to the appellant to cross-examine the experts – Therefore, the Judgment of conviction and sentence passed by the T…
Supreme Court of India19 Oct 2023Full text
2023 INSC 935 · [2023] 14 S.C.R. 520
Per Manoj Misra, J: Setting aside the judgment of the High Court it was held that if the landowners did not get their names mutated in the record of rights, how would the State come to know of their ownership, thus, mere non-service of notice, u/s. 52(2) of the 1959 Act, upon non-recorded owners, would not render the a…
Supreme Court of India19 Oct 2023Full text
2023 INSC 934 · [2023] 14 S.C.R. 959
Held: It is established that negative inferences cannot be drawn for a question or incriminating circumstance not put to an accu…
Supreme Court of India19 Oct 2023Full text
2023 INSC 933 · [2023] 15 S.C.R. 923
Held: Omission to frame charge does not disable the court from convicting the accused for the offence which is found to have been proved on the evidence on record – On facts, from the statement of charge framed u/s. 304B and in the alternative s. 306, it is clear that all the facts and ingredients for framing the charge…
Supreme Court of India19 Oct 2023Full text
2023 INSC 932 · [2023] 14 S.C.R. 995
996 SUPREME COURT REPORTS [2023] 14 S.C.R. of disagreement by one party, the tribunal has to continue with the previous arrangement, or decline to act as arbitrator – By insisting that the increase of fee should prevail does not amount to a per se ineligibility, reaching to the level of voiding the tribunal’s appointme…
Supreme Court of India19 Oct 2023Full text
2023 INSC 931 · [2023] 14 S.C.R. 683
Held: Second Award is equally in conflict with the public policy of India as the First Award – While remitting Claim No.12 for reconsideration, the Arbitrator was warned not to be infl uenced by the factors that weighed in his mind while making the First Award – Arbitrator was also required to proceed only on the basis o…
Supreme Court of India19 Oct 2023Full text
2023 INSC 930 · [2023] 14 S.C.R. 1021
Election – Election Petition – Scope of interference – Plea of the respondent that there is no uniformity in the opinion expressed by the witness with regard to the custom followed by the Mishmi tribe: Held: In the scope available to this Court in an election petition it would not be appropriate for this Court to eithe…
Supreme Court of India1 Feb 2023Full text
2023 INSC 93 · [2023] 2 S.C.R. 293
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.284 of 2023. F From the Judgment and Order dated 17.04.2018 of the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh in CRLR No.1678 of 2014. With G Special Leave Petition (Crl) No.7100 of 2018. M. Rambabu, Ms. Prity Kum…
Supreme Court of India19 Oct 2023Full text
2023 INSC 929 · [2023] 14 S.C.R. 1033
Transfer of Property Act, 1882 – Assignment of receivables – Sanction of financial facility of ₹400 crores to the borrower by the lender – Parties entered into Master Facility Agreement-MFA and Assignment Agreement-AA – As per MFA receivables or rents which borrower is entitled to, form the security for the advance exte…
Supreme Court of India19 Oct 2023Full text
2023 INSC 928 · [2023] 16 S.C.R. 1139
International Convention/Treaties – Constitution of India – Article 253, 73 – Treaty making power: Held: The terms of a treaty ratifi ed by the Union do not ipso facto acquire enforceability – The Union has exclusive executive power to enter into international treaties and conventions under Article 73 r/w corresponding …
Supreme Court of India19 Oct 2023Full text
2023 INSC 927 · [2023] 13 S.C.R. 675
[2023] 13 S.C.R. 675 : 2023 INSC 927 CASE DETAILS INITIATIVES FOR INCLUSION FOUNDATION & ANR. v. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 1224 of 2017) OCTOBER 19, 2023 [S. RAVINDRA BHAT AND DIPANKAR DATTA, JJ.] HEADNOTES Issue for consideration: Writ petitioner sought directions for implementation of the Sexua…
Supreme Court of India18 Oct 2023Full text
2023 INSC 925 · [2023] 14 S.C.R. 511
LIST OF CITATIONS AND OTHER REFERENCES Bijay Kumar Singh v. Amit Kumar Chamariya (2019) 10 SCC 660; Nasiruddin and Ors v. Sita Ram Agarwal (2003) 2 SCC 577: [2003] 1 SCR 634 – referred to. OTHER CASE DETAILS INCLUDING IMPUGNED ORDER AND APPEARANCES CIVIL APPELLATE JURISDICTION : Civil Appeal No.6565 of 2023 From the Ju…
Supreme Court of India18 Oct 2023Full text
2023 INSC 924 · [2023] 14 S.C.R. 890
892 SUPREME COURT REPORTS [2023] 14 S.C.R. are inconsistencies, the statement that has been recorded by a Magistrate or like higher officer can be relied on, subject to the indispensable qualities of truthfulness and being free of suspicion; 7. In the presence of inconsistencies, the medical fitness of the person making s…
Supreme Court of India18 Oct 2023Full text
2023 INSC 923 · [2023] 14 S.C.R. 492
[2023] 14 S.C.R. 492 : 2023 INSC 923 CASE DETAILS TOTTEMPUDI SALALITH v. STATE BANK OF INDIA & ORS. (Civil Appeal No. 2348 of 2021) OCTOBER 18, 2023 [ANIRUDDHA BOSE AND VIKRAM NATH, JJ.] HEADNOTES Issue for consideration: Issues arose as to whether the debts in connection with the recovery certificate issued in the year…
Supreme Court of India17 Oct 2023Full text
2023 INSC 921 · [2023] 15 S.C.R. 97
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 10347 of 2010. From the Judgment and Order dated 03.08.2010 of the National Consumer Disputes Redressal Commission, New Delhi in Original Petition No.74 of 1999. Appearances: Nikhil Nayyar, Sr. Adv., T. V. S. Raghavendra Sreyas, Ms. Sugandha Batra, Ms. Gayatri Gulati, Divy…
Supreme Court of India17 Oct 2023Full text
2023 INSC 920 · [2023] 16 S.C.R. 1209
1209 1210 SUPREME COURT REPORTS [2023] 16 S.C.R. Some of the prayers also related to the right of such couples to adopt under existing laws in India. The issue was whether Regulations 5(2)(a) and 5(3) read with Schedules II, III and VI of the Adoption Regulations framed by the Central Adoption Resource Authority (CARA)…
Supreme Court of India1 Feb 2023Full text
2023 INSC 92 · [2023] 3 S.C.R. 871
– Writ petition thereagainst – High Court relegated the appellant to D the alternative remedy of appeal u/s. 33, which it had not pursued – Justification of – Held: Mere availability of an alternative remedy of appeal or revision, which the party invoking the jurisdiction of the High Court u/Art. 226 has not pursued, w…
Also on Law on Tips: Bare Acts · Legal news and analysis