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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.
2,041–2,060 · Page 103 of 500
Supreme Court of India10 Oct 2023Full text
2023 INSC 896 · [2023] 13 S.C.R. 832
Held: Appellant-husband had failed to prove that the respondent-wife had treated the appellant with “Cruelty” or that the respondent had “Deserted” the petitioner as contemplated in s.13(1)(ia) and s.13(1)(ib) respectively of the said Act – There is no dispute that the parties are staying separate since last many years…
Supreme Court of India10 Oct 2023Full text
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.
2,041–2,060 · Page 103 of 500
Supreme Court of India10 Oct 2023Full text
2023 INSC 896 · [2023] 13 S.C.R. 832
Held: Appellant-husband had failed to prove that the respondent-wife had treated the appellant with “Cruelty” or that the respondent had “Deserted” the petitioner as contemplated in s.13(1)(ia) and s.13(1)(ib) respectively of the said Act – There is no dispute that the parties are staying separate since last many years…
Supreme Court of India10 Oct 2023Full text
2023 INSC 895 · [2023] 13 S.C.R. 810
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 1578 of 2012. From the Judgment and Order dated 19.10.2010 of the High Court of Chhattisgarh at Bilaspur, Chhattisgarh in Criminal Appeal No. 596 of 1992. Appearances: Abhishek Vikas, Anshuman Shrivastava, Abhijeet Shrivastava, Abhishek Sharma, S. K. Verma, Advs. for…
Supreme Court of India9 Oct 2023Full text
2023 INSC 894 · [2023] 13 S.C.R. 847
Code of Criminal Procedure, 1973 – ss. 397, 227, 401 – Application for discharge – Principles to be considered: Held: The court must proceed on an assumption that the material brought on record by the prosecution is true and evaluate the said material to determine whether the facts disclose the existence of the ingredi…
Supreme Court of India9 Oct 2023Full text
2023 INSC 893 · [2023] 15 S.C.R. 28
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5362 of 2023. From the Judgment and Order dated 24.10.2017 of the High Court of Madhya Pradesh at Indore in WP No.1842 of 2016. With Civil Appeal No.5363 of 2023. Appearances: Ms. Manjula Baxla, Kapil Arora for M/s Cyril Amarchand Mangaldas, Niraj Sharma, Raghav Gupta, Ms.…
Supreme Court of India9 Oct 2023Full text
2023 INSC 892 · [2023] 13 S.C.R. 1095
Held: Word used in a statute must take its colour from the object it seeks to achieve and also by considering the words with which it is associated in the context. [Para 17] Words and Phrases – Word ‘Plain’ and ‘Panes’ – Meaning of. [Para 23] LIST OF CITATIONS AND OTHER REFERENCES Gujarat Steel Tubes Ltd. v. State of K…
Supreme Court of India6 Oct 2023Full text
2023 INSC 891 · [2023] 13 S.C.R. 1117
OTHER CASE DETAILS INCLUDING IMPUGNED ORDER AND APPEARANCES CRIMINAL ORIGINAL JURISDICTION: Writ Petition (Criminal) No. 351 of 2023. Under Article 32 of The Constitution of India Appearances: Petitioner-in-person K M Nataraj, A.S.G., Nidhesh Gupta, Guru Krishna Kumar, Virender Ganda, Sr. Advs., Arvind Kumar Sharma, Sh…
Supreme Court of India10 Oct 2023Full text
2023 INSC 890 · [2023] 13 S.C.R. 821
Negotiable Instruments Act, 1881 – s. 138 r/w. s.141 – Respondent fi led complaint u/s. 138 r/w. s.141 of the NI Act – Appellant set up twin grounds to seek quashment of the complaint against him; firstly, that he had resigned from the partnership firm on 28.05.2013 whereas the cheque in question was issued on 21.08.2015 …
Supreme Court of India31 Jan 2023Full text
2023 INSC 89 · [2023] 1 S.C.R. 1079
Amount’ as instructed by Reserve Bank of India, where it remained for the eleven years in question – Builder thus contended that it had discharged its liability under Order XXI of the CPC. Dismissing the complainant’s appeal, the Court HELD: 1.The provisions of Order XXI are applicable to F decrees of civil court. Howe…
Supreme Court of India9 Oct 2023Full text
2023 INSC 889 · [2023] 13 S.C.R. 771
Evidence – CCTV footage – Reliance placed to convict the appellants and co-accused persons, if proper: Held: Said evidence could not have been relied upon as it was infested with serious doubts and the very manner in which it came into existence itself raised a serious doubt not only about its source but also about the…
Supreme Court of India9 Oct 2023Full text
2023 INSC 888 · [2023] 13 S.C.R. 788
Held: There is a fundamental fl aw in the way both the Courts below have proceeded to appreciate the evidence on record – Once the presumption u/s. 139 was given effect to, the Courts ought to have proceeded on the premise that the cheque was, indeed, issued in discharge of a debt/liability – The entire focus would then …
Supreme Court of India9 Oct 2023Full text
2023 INSC 887 · [2023] 13 S.C.R. 761
762 SUPREME COURT REPORTS [2023] 13 S.C.R. evidence of eyewitnesses very consistent on the role played by the appellant in dragging the dead body of the deceased and throwing the same into a well – Thus, there is every justifi cation for convicting the appellant for the offence punishable u/s. 201 of causing the disappea…
Supreme Court of India9 Oct 2023Full text
2023 INSC 886 · [2023] 15 S.C.R. 344
Held: To qualify as a CGP u/s.9, r/w s.2(8) of the Act, the requirements of paragraphs (i) and (ii) to r.3(1)(a) of the Rules have to be satisfi ed – The definition of a CGP u/s.2(8) of the Act uses the words, “primarily for his own use” – This expression has been given statutory grail vide r.3 of the Rules – It incorpor…
Supreme Court of India9 Oct 2023Full text
2023 INSC 885 · [2023] 13 S.C.R. 743
744 SUPREME COURT REPORTS [2023] 13 S.C.R. department’s inability to present the appeal within time, for the reasons assigned therein, does not suff er from any error warranting interference – An exercise of discretion does, at times, call for a liberal and justice-oriented approach by Courts, where certain leeway could…
Supreme Court of India9 Oct 2023Full text
2023 INSC 884 · [2023] 13 S.C.R. 724
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6257 of 2014. From the Judgment and Order dated 19.05.2011 of the High Court at Calcutta in FMA No. 1738 of 2004. Appearances: Jaideep Gupta, Sr. Adv., Vikas Mehta, Rajat Sehgal, Munir Ahmed, Samyak Jain, Ms. Rachita Chawala, Kunal Chaiterji, Advs. for the Appellants. Rak…
Supreme Court of India9 Oct 2023Full text
2023 INSC 883 · [2023] 13 S.C.R. 713
Held: When issues were examined, the Court found that the same thing being raked up again and again only as an endeavour to not make payments, till in the Contempt proceedings they were compelled to make payment – The liberty granted by the order dated 09.03.2021 (Second Contempt petition) cannot be construed to seek r…
Supreme Court of India26 Sep 2023Full text
2023 INSC 882 · [2023] 13 S.C.R. 706
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6566 of 2023. From the Judgment and Order dated 11.08.2015 of the High Court of Delhi at New Delhi in ITA No.337 of 2015. With Civil Appeal Nos.6567, 6568 and 6589 of 2023. Appearances: N Venkatraman, A.S.G., Raj Bahadur Yadav, V C Bharathi, A K Kaul, Priyanka Das, Sabris…
Supreme Court of India6 Oct 2023Full text
2023 INSC 881 · [2023] 13 S.C.R. 172
Customs Act, 1962 – Initiation of proceeding alleging under-invoicing of price of goods imported from foreign country and thereby evading customs duty by the noticee – Reliance upon the unattested photocopies of the first set of export declarations filed by the foreign supplier before the customs authority showing great …
Supreme Court of India5 Oct 2023Full text
2023 INSC 880 · [2023] 13 S.C.R. 220
Code of Criminal Procedure, 1973 – Issue Process – Complaint of Defamation – Application of judicial mind by the Magistrate: Held: In the context of a complaint of defamation, at the stage the Magistrate proceeds to issue process, he has to form his opinion based on the allegations in the complaint and other material (…
Supreme Court of India31 Jan 2023Full text
2023 INSC 88 · [2023] 1 S.C.R. 865
CIT v. Ahmedabad Urban Development Authority 2022 SCC Online SC 1461 – relied on. CIVIL APPELLATE JURISDICTION : Civil Appeal No.614 of 2023. H 865 866 SUPREME COURT REPORTS [2023] 1 S.C.R. A From the Judgment and Order dated 16.11.2021 of the High Court of Delhi at New Delhi in ITA No.161 of 2021. Balbir Singh, A.S.G.…
Supreme Court of India6 Oct 2023Full text
2023 INSC 879 · [2023] 12 S.C.R. 815
Penal Code, 1860 – s.302, s.498A – Prosecution case was that victim died due to poisoning – At the time of death only her appellant-husband was present – Poison was found in the examination of viscera of the deceased – Appellant-husband had not informed family of victim after her death – Earlier, victim-deceased had wr…
Also on Law on Tips: Bare Acts · Legal news and analysis
2023 INSC 895 · [2023] 13 S.C.R. 810
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 1578 of 2012. From the Judgment and Order dated 19.10.2010 of the High Court of Chhattisgarh at Bilaspur, Chhattisgarh in Criminal Appeal No. 596 of 1992. Appearances: Abhishek Vikas, Anshuman Shrivastava, Abhijeet Shrivastava, Abhishek Sharma, S. K. Verma, Advs. for…
Supreme Court of India9 Oct 2023Full text
2023 INSC 894 · [2023] 13 S.C.R. 847
Code of Criminal Procedure, 1973 – ss. 397, 227, 401 – Application for discharge – Principles to be considered: Held: The court must proceed on an assumption that the material brought on record by the prosecution is true and evaluate the said material to determine whether the facts disclose the existence of the ingredi…
Supreme Court of India9 Oct 2023Full text
2023 INSC 893 · [2023] 15 S.C.R. 28
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5362 of 2023. From the Judgment and Order dated 24.10.2017 of the High Court of Madhya Pradesh at Indore in WP No.1842 of 2016. With Civil Appeal No.5363 of 2023. Appearances: Ms. Manjula Baxla, Kapil Arora for M/s Cyril Amarchand Mangaldas, Niraj Sharma, Raghav Gupta, Ms.…
Supreme Court of India9 Oct 2023Full text
2023 INSC 892 · [2023] 13 S.C.R. 1095
Held: Word used in a statute must take its colour from the object it seeks to achieve and also by considering the words with which it is associated in the context. [Para 17] Words and Phrases – Word ‘Plain’ and ‘Panes’ – Meaning of. [Para 23] LIST OF CITATIONS AND OTHER REFERENCES Gujarat Steel Tubes Ltd. v. State of K…
Supreme Court of India6 Oct 2023Full text
2023 INSC 891 · [2023] 13 S.C.R. 1117
OTHER CASE DETAILS INCLUDING IMPUGNED ORDER AND APPEARANCES CRIMINAL ORIGINAL JURISDICTION: Writ Petition (Criminal) No. 351 of 2023. Under Article 32 of The Constitution of India Appearances: Petitioner-in-person K M Nataraj, A.S.G., Nidhesh Gupta, Guru Krishna Kumar, Virender Ganda, Sr. Advs., Arvind Kumar Sharma, Sh…
Supreme Court of India10 Oct 2023Full text
2023 INSC 890 · [2023] 13 S.C.R. 821
Negotiable Instruments Act, 1881 – s. 138 r/w. s.141 – Respondent fi led complaint u/s. 138 r/w. s.141 of the NI Act – Appellant set up twin grounds to seek quashment of the complaint against him; firstly, that he had resigned from the partnership firm on 28.05.2013 whereas the cheque in question was issued on 21.08.2015 …
Supreme Court of India31 Jan 2023Full text
2023 INSC 89 · [2023] 1 S.C.R. 1079
Amount’ as instructed by Reserve Bank of India, where it remained for the eleven years in question – Builder thus contended that it had discharged its liability under Order XXI of the CPC. Dismissing the complainant’s appeal, the Court HELD: 1.The provisions of Order XXI are applicable to F decrees of civil court. Howe…
Supreme Court of India9 Oct 2023Full text
2023 INSC 889 · [2023] 13 S.C.R. 771
Evidence – CCTV footage – Reliance placed to convict the appellants and co-accused persons, if proper: Held: Said evidence could not have been relied upon as it was infested with serious doubts and the very manner in which it came into existence itself raised a serious doubt not only about its source but also about the…
Supreme Court of India9 Oct 2023Full text
2023 INSC 888 · [2023] 13 S.C.R. 788
Held: There is a fundamental fl aw in the way both the Courts below have proceeded to appreciate the evidence on record – Once the presumption u/s. 139 was given effect to, the Courts ought to have proceeded on the premise that the cheque was, indeed, issued in discharge of a debt/liability – The entire focus would then …
Supreme Court of India9 Oct 2023Full text
2023 INSC 887 · [2023] 13 S.C.R. 761
762 SUPREME COURT REPORTS [2023] 13 S.C.R. evidence of eyewitnesses very consistent on the role played by the appellant in dragging the dead body of the deceased and throwing the same into a well – Thus, there is every justifi cation for convicting the appellant for the offence punishable u/s. 201 of causing the disappea…
Supreme Court of India9 Oct 2023Full text
2023 INSC 886 · [2023] 15 S.C.R. 344
Held: To qualify as a CGP u/s.9, r/w s.2(8) of the Act, the requirements of paragraphs (i) and (ii) to r.3(1)(a) of the Rules have to be satisfi ed – The definition of a CGP u/s.2(8) of the Act uses the words, “primarily for his own use” – This expression has been given statutory grail vide r.3 of the Rules – It incorpor…
Supreme Court of India9 Oct 2023Full text
2023 INSC 885 · [2023] 13 S.C.R. 743
744 SUPREME COURT REPORTS [2023] 13 S.C.R. department’s inability to present the appeal within time, for the reasons assigned therein, does not suff er from any error warranting interference – An exercise of discretion does, at times, call for a liberal and justice-oriented approach by Courts, where certain leeway could…
Supreme Court of India9 Oct 2023Full text
2023 INSC 884 · [2023] 13 S.C.R. 724
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6257 of 2014. From the Judgment and Order dated 19.05.2011 of the High Court at Calcutta in FMA No. 1738 of 2004. Appearances: Jaideep Gupta, Sr. Adv., Vikas Mehta, Rajat Sehgal, Munir Ahmed, Samyak Jain, Ms. Rachita Chawala, Kunal Chaiterji, Advs. for the Appellants. Rak…
Supreme Court of India9 Oct 2023Full text
2023 INSC 883 · [2023] 13 S.C.R. 713
Held: When issues were examined, the Court found that the same thing being raked up again and again only as an endeavour to not make payments, till in the Contempt proceedings they were compelled to make payment – The liberty granted by the order dated 09.03.2021 (Second Contempt petition) cannot be construed to seek r…
Supreme Court of India26 Sep 2023Full text
2023 INSC 882 · [2023] 13 S.C.R. 706
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6566 of 2023. From the Judgment and Order dated 11.08.2015 of the High Court of Delhi at New Delhi in ITA No.337 of 2015. With Civil Appeal Nos.6567, 6568 and 6589 of 2023. Appearances: N Venkatraman, A.S.G., Raj Bahadur Yadav, V C Bharathi, A K Kaul, Priyanka Das, Sabris…
Supreme Court of India6 Oct 2023Full text
2023 INSC 881 · [2023] 13 S.C.R. 172
Customs Act, 1962 – Initiation of proceeding alleging under-invoicing of price of goods imported from foreign country and thereby evading customs duty by the noticee – Reliance upon the unattested photocopies of the first set of export declarations filed by the foreign supplier before the customs authority showing great …
Supreme Court of India5 Oct 2023Full text
2023 INSC 880 · [2023] 13 S.C.R. 220
Code of Criminal Procedure, 1973 – Issue Process – Complaint of Defamation – Application of judicial mind by the Magistrate: Held: In the context of a complaint of defamation, at the stage the Magistrate proceeds to issue process, he has to form his opinion based on the allegations in the complaint and other material (…
Supreme Court of India31 Jan 2023Full text
2023 INSC 88 · [2023] 1 S.C.R. 865
CIT v. Ahmedabad Urban Development Authority 2022 SCC Online SC 1461 – relied on. CIVIL APPELLATE JURISDICTION : Civil Appeal No.614 of 2023. H 865 866 SUPREME COURT REPORTS [2023] 1 S.C.R. A From the Judgment and Order dated 16.11.2021 of the High Court of Delhi at New Delhi in ITA No.161 of 2021. Balbir Singh, A.S.G.…
Supreme Court of India6 Oct 2023Full text
2023 INSC 879 · [2023] 12 S.C.R. 815
Penal Code, 1860 – s.302, s.498A – Prosecution case was that victim died due to poisoning – At the time of death only her appellant-husband was present – Poison was found in the examination of viscera of the deceased – Appellant-husband had not informed family of victim after her death – Earlier, victim-deceased had wr…
Also on Law on Tips: Bare Acts · Legal news and analysis