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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.
2,121–2,140 · Page 107 of 500
Supreme Court of India24 Jan 2023Full text
2023 INSC 81 · [2023] 9 S.C.R. 917
(Indian Medical Council Act, 1956) and State Legislature not having the legislative competence to enact the said Law – Meanwhile, the State passed the Assam Community Professionals (Registration and Competency) Act, 2015 – Held: The Legislature cannot directly overrule a judicial decision – But when a competent Legisla…
Supreme Court of India6 Sep 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.
2,121–2,140 · Page 107 of 500
Supreme Court of India24 Jan 2023Full text
2023 INSC 81 · [2023] 9 S.C.R. 917
(Indian Medical Council Act, 1956) and State Legislature not having the legislative competence to enact the said Law – Meanwhile, the State passed the Assam Community Professionals (Registration and Competency) Act, 2015 – Held: The Legislature cannot directly overrule a judicial decision – But when a competent Legisla…
Supreme Court of India6 Sep 2023Full text
2023 INSC 809 · [2023] 13 S.C.R. 861
Held: No reasons were assigned by the Liquidator for cancellation of the E-auction – While the highest bidder has no indefeasible right 861 862 SUPREME COURT REPORTS [2023] 13 S.C.R. to demand acceptance of his bid, the Liquidator if he does not want to accept the bid of the highest bidder has to apply his mind to the …
Supreme Court of India6 Sep 2023Full text
2023 INSC 807 · [2023] 14 S.C.R. 394
[2023] 14 S.C.R. 394 : 2023 INSC 807 CASE DETAILS ROHIT CHAUDHARY & ANR. v. M/S VIPUL LTD. (Civil Appeal No. 5858 of 2015) SEPTEMBER 06, 2023 [S. RAVINDRA BHAT AND ARAVIND KUMAR, JJ.] HEADNOTES Issue for consideration: The interpretation of the word and expression “Commercial Purpose” defi ned u/s. 2(1)(d) of the Consum…
Supreme Court of India1 Sep 2023Full text
2023 INSC 806 · [2023] 11 S.C.R. 583
Sentence / Sentencing – Murder – Conviction vide earlier judgment ([2023] 11 S.C.R. 403) – Death sentence not appropriate on facts, and as such imprisonment for life awarded alongwith fine – However, fine awarded to be paid as damages – Also, compensation awarded u/s.357-A CrPC – Code of Criminal Procedure, 1973 – ss. 35…
Supreme Court of India6 Sep 2023Full text
2023 INSC 805 · [2023] 11 S.C.R. 1064
Held: High Court did not commit any error in passing the impugned judgment and order – Undertaking was given to the High Court and the breach or disobedience would attract the provisions of the 1971 Act. [Paras 116 and 117] 1064 BALWANTBHAI SOMABHAI BHANDARI v. HIRALAL 1065 SOMABHAI CONTRACTOR (DECEASED) REP. BY LRS. &…
Supreme Court of India6 Sep 2023Full text
2023 INSC 804 · [2023] 12 S.C.R. 68
Election Symbols (Reservation and Allotment) Order, 1968 – Paragraphs 9, 10, 10(A), 12 – Denial of the Plough symbol to respondent no.1 – Impropriety: Held: R1 was before the concerned authorities, well in time, by impugning the Notification dtd. 26.07.2023 which denied it the Plough symbol – Appellants sitting on the r…
Supreme Court of India6 Sep 2023Full text
2023 INSC 803 · [2023] 12 S.C.R. 55
Evidence – Circumstantial evidence – Last seen theory – When cannot be invoked: Held: The ‘last seen’ theory can be invoked only when the same stands proved beyond reasonable doubt – In the present case, there is no definitive evidence of last seen and that theory itself is in doubt – Also, there is a long time-gap betw…
Supreme Court of India5 Sep 2023Full text
2023 INSC 802 · [2023] 12 S.C.R. 117
Service Law – Border Security Force Act, 1968 – Border Security Force Rules, 1969 – rr. 49(3), 142(2) – Dismissal from service – Plea of guilty – Procedural safeguards u/r. 142(2) – Non-compliance of – Allegations against Border Security Force constable of clicking the photographs of lady doctor while she was taking ba…
Supreme Court of India5 Sep 2023Full text
2023 INSC 801 · [2023] 12 S.C.R. 138
Penal Code, 1860 – s. 302 – Murder – Conviction of the accused u/s. 302 and sentenced to imprisonment for life by the courts below – Ocular account of two prosecution witness that the assault on the deceased took place at night, however, neither of them lodged the FIR, rather, a named FIR lodged next day by the village…
Supreme Court of India5 Sep 2023Full text
2023 INSC 800 · [2023] 12 S.C.R. 250
CRIMINAL ORIGINAL JURISDICTION : Writ Petition (Crl.) No. 429 of 2022 Under Article 32 of The Constitution of India. Appearances: Rishi Malhotra, Adv. for the Petitioner. Rajiv Kumar Choudhry, Sriharsha Peechara, Duvvuri Subrahmanya Bhanu, Ms. Pallavi, Ms. Kriti Sinha, S. Udaya Kumar Sagar, Advs. for the Respondent. JU…
Supreme Court of India24 Jan 2023Full text
2023 INSC 80 · [2023] 1 S.C.R. 289
sub-section (3), it is by way of compensation for the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced. Sub-section (4) also provides for the appellate court or the High Court or Court of Sessions to direct payment of compensation when exercising its pow…
Supreme Court of India4 Jan 2023Full text
2023 INSC 8 · [2023] 1 S.C.R. 355
was not in constructive or actual physical possession of the property – The defendants could not be dispossessed unless the plaintiff established a better title and rights over the property – The burden of proof to establish a title in the present case lay upon the plaintiff –s.101 of the Evidence Act states that burde…
Supreme Court of India17 Aug 2023Full text
2023 INSC 799 · [2023] 14 S.C.R. 424
Held: As the number of workmen employed in the establishment has a direct relation with the jurisdiction of the Labour Court or the Industrial Tribunal to deal with the matter, it would be appropriate to refer to the material which was placed on record by the appellants-Management before the Labour Court, after the ear…
Supreme Court of India5 Sep 2023Full text
2023 INSC 798 · [2023] 11 S.C.R. 822
Service Law – Punjab Police Rules, 1934 – r. 12.21 – Discharge order of probationary constable u/r. 12.21 by Superitendent of Police owing to his prolonged absence from duty without any intimation – Legality of: Held: It is clear from r. 12.21 that in case a probationary constable is found unlikely to prove an efficient …
Supreme Court of India5 Sep 2023Full text
2023 INSC 797 · [2023] 11 S.C.R. 835
836 SUPREME COURT REPORTS [2023] 11 S.C.R. amount with interest would be examined at the stage of conclusion of the writ petitions, on facts, when there was no adjudication and determination with regard to the right of the appellant and a declaration that the amount was illegally demanded and retained by the respondent…
Supreme Court of India4 Sep 2023Full text
2023 INSC 796 · [2023] 12 S.C.R. 104
Held: ‘Lien’ of a government servant only ceases to exist when he/ she is appointed on another post ‘substantively’/confi rmed or absorbed permanently – Otherwise, his/her lien would continue on the previous post – In the instant case, lien of the appellant on the previous post of ‘Offi ce Superintendent’ is squarely prot…
Supreme Court of India5 Sep 2023Full text
2023 INSC 794 · [2023] 12 S.C.R. 567
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6791 of 2013. From the Judgment and Order dated 25.04.2012 of the National Consumer Disputes Redressal Commission, New Delhi in Original Petition No.178 of 1999. Appearances: Mrs. Anitha Shenoy, Sr. Adv., Shantanu M. Adkar, Ms. Ayushma Awasthi, Ms. Namrata Caleb, Ms. Parik…
Supreme Court of India4 Sep 2023Full text
2023 INSC 793 · [2023] 11 S.C.R. 1005
– ss.162, 366 – Evidence Act, 1872 – s.165. [Paras 39, 40, 43, 47 and 73] Code of Criminal Procedure, 1973 – s.162 – Proviso – ‘Purpose’ mentioned therein: Held: s.162 says that no statement made by any person to a police officer in the course of an investigation, whether it be recorded or not, shall be used for the purp…
Supreme Court of India4 Sep 2023Full text
2023 INSC 791 · [2023] 14 S.C.R. 386
Held: It is a well-established principle that while imposing sentence, aggravating and mitigating circumstances of a case are to be taken into consideration – 39 years have passed since the date of offence and both the other accused persons have come to be acquitted – It is a matter of record that there was old enmity b…
Supreme Court of India4 Sep 2023Full text
2023 INSC 790 · [2023] 14 S.C.R. 374
Employee's Compensation Act, 1923 – Victim died as he was tying up logs on trailer – The Commissioner directed insurer to pay compensation of ₹3,94,120/- and the employer was directed to pay ₹1,97,060/-, i.e., 50% of the compensation amount as penalty – High Court set aside the order of the Commissioner – Propriety: He…
Also on Law on Tips: Bare Acts · Legal news and analysis
2023 INSC 809 · [2023] 13 S.C.R. 861
Held: No reasons were assigned by the Liquidator for cancellation of the E-auction – While the highest bidder has no indefeasible right 861 862 SUPREME COURT REPORTS [2023] 13 S.C.R. to demand acceptance of his bid, the Liquidator if he does not want to accept the bid of the highest bidder has to apply his mind to the …
Supreme Court of India6 Sep 2023Full text
2023 INSC 807 · [2023] 14 S.C.R. 394
[2023] 14 S.C.R. 394 : 2023 INSC 807 CASE DETAILS ROHIT CHAUDHARY & ANR. v. M/S VIPUL LTD. (Civil Appeal No. 5858 of 2015) SEPTEMBER 06, 2023 [S. RAVINDRA BHAT AND ARAVIND KUMAR, JJ.] HEADNOTES Issue for consideration: The interpretation of the word and expression “Commercial Purpose” defi ned u/s. 2(1)(d) of the Consum…
Supreme Court of India1 Sep 2023Full text
2023 INSC 806 · [2023] 11 S.C.R. 583
Sentence / Sentencing – Murder – Conviction vide earlier judgment ([2023] 11 S.C.R. 403) – Death sentence not appropriate on facts, and as such imprisonment for life awarded alongwith fine – However, fine awarded to be paid as damages – Also, compensation awarded u/s.357-A CrPC – Code of Criminal Procedure, 1973 – ss. 35…
Supreme Court of India6 Sep 2023Full text
2023 INSC 805 · [2023] 11 S.C.R. 1064
Held: High Court did not commit any error in passing the impugned judgment and order – Undertaking was given to the High Court and the breach or disobedience would attract the provisions of the 1971 Act. [Paras 116 and 117] 1064 BALWANTBHAI SOMABHAI BHANDARI v. HIRALAL 1065 SOMABHAI CONTRACTOR (DECEASED) REP. BY LRS. &…
Supreme Court of India6 Sep 2023Full text
2023 INSC 804 · [2023] 12 S.C.R. 68
Election Symbols (Reservation and Allotment) Order, 1968 – Paragraphs 9, 10, 10(A), 12 – Denial of the Plough symbol to respondent no.1 – Impropriety: Held: R1 was before the concerned authorities, well in time, by impugning the Notification dtd. 26.07.2023 which denied it the Plough symbol – Appellants sitting on the r…
Supreme Court of India6 Sep 2023Full text
2023 INSC 803 · [2023] 12 S.C.R. 55
Evidence – Circumstantial evidence – Last seen theory – When cannot be invoked: Held: The ‘last seen’ theory can be invoked only when the same stands proved beyond reasonable doubt – In the present case, there is no definitive evidence of last seen and that theory itself is in doubt – Also, there is a long time-gap betw…
Supreme Court of India5 Sep 2023Full text
2023 INSC 802 · [2023] 12 S.C.R. 117
Service Law – Border Security Force Act, 1968 – Border Security Force Rules, 1969 – rr. 49(3), 142(2) – Dismissal from service – Plea of guilty – Procedural safeguards u/r. 142(2) – Non-compliance of – Allegations against Border Security Force constable of clicking the photographs of lady doctor while she was taking ba…
Supreme Court of India5 Sep 2023Full text
2023 INSC 801 · [2023] 12 S.C.R. 138
Penal Code, 1860 – s. 302 – Murder – Conviction of the accused u/s. 302 and sentenced to imprisonment for life by the courts below – Ocular account of two prosecution witness that the assault on the deceased took place at night, however, neither of them lodged the FIR, rather, a named FIR lodged next day by the village…
Supreme Court of India5 Sep 2023Full text
2023 INSC 800 · [2023] 12 S.C.R. 250
CRIMINAL ORIGINAL JURISDICTION : Writ Petition (Crl.) No. 429 of 2022 Under Article 32 of The Constitution of India. Appearances: Rishi Malhotra, Adv. for the Petitioner. Rajiv Kumar Choudhry, Sriharsha Peechara, Duvvuri Subrahmanya Bhanu, Ms. Pallavi, Ms. Kriti Sinha, S. Udaya Kumar Sagar, Advs. for the Respondent. JU…
Supreme Court of India24 Jan 2023Full text
2023 INSC 80 · [2023] 1 S.C.R. 289
sub-section (3), it is by way of compensation for the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced. Sub-section (4) also provides for the appellate court or the High Court or Court of Sessions to direct payment of compensation when exercising its pow…
Supreme Court of India4 Jan 2023Full text
2023 INSC 8 · [2023] 1 S.C.R. 355
was not in constructive or actual physical possession of the property – The defendants could not be dispossessed unless the plaintiff established a better title and rights over the property – The burden of proof to establish a title in the present case lay upon the plaintiff –s.101 of the Evidence Act states that burde…
Supreme Court of India17 Aug 2023Full text
2023 INSC 799 · [2023] 14 S.C.R. 424
Held: As the number of workmen employed in the establishment has a direct relation with the jurisdiction of the Labour Court or the Industrial Tribunal to deal with the matter, it would be appropriate to refer to the material which was placed on record by the appellants-Management before the Labour Court, after the ear…
Supreme Court of India5 Sep 2023Full text
2023 INSC 798 · [2023] 11 S.C.R. 822
Service Law – Punjab Police Rules, 1934 – r. 12.21 – Discharge order of probationary constable u/r. 12.21 by Superitendent of Police owing to his prolonged absence from duty without any intimation – Legality of: Held: It is clear from r. 12.21 that in case a probationary constable is found unlikely to prove an efficient …
Supreme Court of India5 Sep 2023Full text
2023 INSC 797 · [2023] 11 S.C.R. 835
836 SUPREME COURT REPORTS [2023] 11 S.C.R. amount with interest would be examined at the stage of conclusion of the writ petitions, on facts, when there was no adjudication and determination with regard to the right of the appellant and a declaration that the amount was illegally demanded and retained by the respondent…
Supreme Court of India4 Sep 2023Full text
2023 INSC 796 · [2023] 12 S.C.R. 104
Held: ‘Lien’ of a government servant only ceases to exist when he/ she is appointed on another post ‘substantively’/confi rmed or absorbed permanently – Otherwise, his/her lien would continue on the previous post – In the instant case, lien of the appellant on the previous post of ‘Offi ce Superintendent’ is squarely prot…
Supreme Court of India5 Sep 2023Full text
2023 INSC 794 · [2023] 12 S.C.R. 567
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6791 of 2013. From the Judgment and Order dated 25.04.2012 of the National Consumer Disputes Redressal Commission, New Delhi in Original Petition No.178 of 1999. Appearances: Mrs. Anitha Shenoy, Sr. Adv., Shantanu M. Adkar, Ms. Ayushma Awasthi, Ms. Namrata Caleb, Ms. Parik…
Supreme Court of India4 Sep 2023Full text
2023 INSC 793 · [2023] 11 S.C.R. 1005
– ss.162, 366 – Evidence Act, 1872 – s.165. [Paras 39, 40, 43, 47 and 73] Code of Criminal Procedure, 1973 – s.162 – Proviso – ‘Purpose’ mentioned therein: Held: s.162 says that no statement made by any person to a police officer in the course of an investigation, whether it be recorded or not, shall be used for the purp…
Supreme Court of India4 Sep 2023Full text
2023 INSC 791 · [2023] 14 S.C.R. 386
Held: It is a well-established principle that while imposing sentence, aggravating and mitigating circumstances of a case are to be taken into consideration – 39 years have passed since the date of offence and both the other accused persons have come to be acquitted – It is a matter of record that there was old enmity b…
Supreme Court of India4 Sep 2023Full text
2023 INSC 790 · [2023] 14 S.C.R. 374
Employee's Compensation Act, 1923 – Victim died as he was tying up logs on trailer – The Commissioner directed insurer to pay compensation of ₹3,94,120/- and the employer was directed to pay ₹1,97,060/-, i.e., 50% of the compensation amount as penalty – High Court set aside the order of the Commissioner – Propriety: He…
Also on Law on Tips: Bare Acts · Legal news and analysis