⚖
Loading…
Loading…
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.
2,161–2,180 · Page 109 of 500
Supreme Court of India23 Aug 2023Full text
2023 INSC 761 · [2023] 11 S.C.R. 469
Held: Grant of bail is a discretionary relief – Such discretion is to be exercised in a judicious manner and not as a matter of course – Grant of bail is dependant upon contextual facts of the matter and may vary from case to case – There cannot be any exhaustive parameters for considering the application for grant of …
Supreme Court of India23 Aug 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.
2,161–2,180 · Page 109 of 500
Supreme Court of India23 Aug 2023Full text
2023 INSC 761 · [2023] 11 S.C.R. 469
Held: Grant of bail is a discretionary relief – Such discretion is to be exercised in a judicious manner and not as a matter of course – Grant of bail is dependant upon contextual facts of the matter and may vary from case to case – There cannot be any exhaustive parameters for considering the application for grant of …
Supreme Court of India23 Aug 2023Full text
2023 INSC 760 · [2023] 11 S.C.R. 379
LIST OF CITATIONS AND OTHER REFERENCES Mahanth Ram Das vs. Ganga Das [1961] 3 SCR 763; Raj Kumar Dey and Others vs. Tarapada Dey and Others (1987) 4 SCC 398 : [1988] 1 SCR 118; Jagdish Mandal vs. State of Orissa and Others (2007) 14 SCC 517 – relied on. Vidarbha Irrigation Development Corporation and Others vs. Anoj Ku…
Supreme Court of India20 Jan 2023Full text
2023 INSC 76 · [2023] 1 S.C.R. 731
M. R. SHAH, J. 1. By way of this petition under Article 32 of the Constitution of India the petitioner has prayed for appropriate directions/orders directing the respondents - States to enable free public access to chargesheets Band final reports filed as per Section 173 of the Code of Criminal Procedure, 1973 (hereina…
Supreme Court of India23 Aug 2023Full text
2023 INSC 758 · [2023] 11 S.C.R. 789
[2023] 11 S.C.R. 789 : 2023 INSC 758 CASE DETAILS IRFAN @ NAKA v. THE STATE OF UTTAR PRADESH (Criminal Appeal Nos. 825-826 of 2022) AUGUST 23, 2023 [B.R. GAVAI, J.B. PARDIWALA AND PRASHANT KUMAR MISHRA, JJ.] HEADNOTES Issue for consideration: Whether the prosecution could be said to have proved its case beyond reasonab…
Supreme Court of India23 Aug 2023Full text
2023 INSC 756 · [2023] 11 S.C.R. 587
Held: Deceased was employed as a driver on Truck, which was owned by the respondent No. 2 – The same was fully insured – As per the terms of the Policy available on record, an additional premium was paid to cover two employees for any compensation payable under the 1923 Act – While driving the vehicle from Delhi to Bar…
Supreme Court of India22 Aug 2023Full text
2023 INSC 754 · [2023] 11 S.C.R. 613
Service Law – Suppression of material information – When not: Held: Information sought in the verifi cation roll was regarding arrest, detention and conviction by a Court in any off ence – In reply to the information asked the respondent gave the answer as “no” – As per the contents of the information sought and as per t…
Supreme Court of India22 Aug 2023Full text
2023 INSC 751 · [2023] 11 S.C.R. 367
Arbitration – Irregularity alleged making claim untenable: Held: There is no merit in the respondent-State’s submission that the record became defective and procedurally the claim became untenable because the tribunal was not informed and the appellant did not bring all heirs of the original contractor on the record – …
Supreme Court of India22 Aug 2023Full text
2023 INSC 750 · [2023] 11 S.C.R. 594
– Impugned judgments passed by the High Court ex facie erroneous, set aside.[Paras 7 and 9] Interpretation of Statutes – Doctrine of Harmonious Construction: Held: As per the rules of doctrine of harmonious construction, the document has to be read as a whole and in its totality – If there is any ambiguity either paten…
Supreme Court of India20 Jan 2023Full text
2023 INSC 75 · [2023] 1 S.C.R. 925
E Indore Development Authority vs Manoharlal & Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. Pune Municipal Corporation & Anr. Vs Harakchand Misrimal Solanki & Ors (2014) 3 SCC 183 : [2014] 1 SCR 783 –referred to. F Case Law Reference [2020] 3 SCR 1 followed Para 2.2, 4 [2014] 1 SCR 783 referred to Para 2.2 CIVIL …
Supreme Court of India18 Aug 2023Full text
2023 INSC 748 · [2023] 12 S.C.R. 1118
Constitution of India – Article 141 – Decision in Pawan Gupta challenged by appellant by filing appeals before Supreme Court which were dismissed without any reasons being recorded – Review petitions there against were also dismissed – Article 141, if attracted: Held: Dismissal of the appeal in the case of Pawan Gupta w…
Supreme Court of India18 Aug 2023Full text
2023 INSC 747 · [2023] 11 S.C.R. 287
Arbitration – Award of damages – Interference with – Award of damages for breach of contract for certain periods – Upheld by the Single Judge of the High Court, however, the Division Bench upheld the findings, to the extent the award granted damages for certain period, but set it aside for the balance period – Correctne…
Supreme Court of India18 Aug 2023Full text
2023 INSC 746 · [2023] 12 S.C.R. 1052
– Provisions in the Customs Act do not, in any manner, negate or override the statutory preference in terms of s.529A, Companies Act, which treats 1052 IDBI (THROUGH STRESSED ASSETS STABILIZATION FUND 1053 CONSTITUTED BY THE GoI) v. SUPT. OF CENTRAL EXCISE AND CUSTOMS AND OTHERS the secured creditors and the workmen’s …
Supreme Court of India18 Aug 2023Full text
2023 INSC 745 · [2023] 13 S.C.R. 658
[2023] 13 S.C.R. 658 : 2023 INSC 745 CASE DETAILS BACHPAN BACHAO ANDOLAN v. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 427 of 2022) AUGUST 18, 2023 [S. RAVINDRA BHAT AND ARAVIND KUMAR, JJ.] HEADNOTES Issue for consideration: The role of a ‘support person’ as envisaged in the Protection of Children from Sexual Offe…
Supreme Court of India18 Aug 2023Full text
2023 INSC 744 · [2023] 11 S.C.R. 130
Held : Not sustainable – Presumption ought to have been drawn in favour of the validity of the marriage between the deceased and the applicant – More so, when during his life time, the military personnel sought deletion of the name of his previous wife from his service record and endorsement of the name of the applican…
Supreme Court of India18 Aug 2023Full text
2023 INSC 743 · [2023] 12 S.C.R. 1034
Transfer of Property Act, 1882 – s.58(c) – Scope: Held: The proviso was added in s.58(c) so as to put at rest the confl icting decisions on the issue – A deeming fiction was added in the negative that a transaction shall not be deemed to be a mortgage unless the condition for reconveyance is contained in the document whi…
Supreme Court of India17 Aug 2023Full text
2023 INSC 742 · [2023] 11 S.C.R. 215
Held : Principle of interpretation of contracts adopted by the Division Bench of the High Court that when two constructions are possible, then courts must prefer the one which gives effect and voice to all clauses, does not have absolute application – Said interpretation is subject to the jurisdiction which a court is c…
Supreme Court of India17 Aug 2023Full text
2023 INSC 741 · [2023] 11 S.C.R. 198
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No.990 of 2021. (Under Article 32 of The Constitution of India) Appearances: Kishan Chand Jain, Rajesh Kumar, E. C. Agrawala, Advs. for the Petitioner. Tushar Mehta, SG, Mrs. Madhavi Divan, ASG, P.V. Yogeshwaran, A.A.G., V K Shukla, Sr. Adv., Anmol Chandan, Ms. Nidhi …
Supreme Court of India20 Jan 2023Full text
2023 INSC 74 · [2023] 1 S.C.R. 765
F Pune Municipal Corporation & Anr. Vs Harakchand Misrimal Solanki & Ors. (2014) 3 SCC 183 : [2014] 1 SCR 783 - referred to. Case Law Reference [2014] 1 SCR 783 referred to Para 2.1 G [2020] 3 SCR 1 followed Para 3 CIVIL APPELLATE JURISDICTION : Civil Appeal No.397 of 2023. H 765 766 SUPREME COURT REPORTS [2023] 1 S.C.…
Supreme Court of India18 Aug 2023Full text
2023 INSC 738 · [2023] 11 S.C.R. 403
(ii) Whether the previous or subsequent conduct of the accused, established on record, can be treated as a circumstance against the accused in view of Section 8 of the Evidence Act. (iii) Whether the FIR or Bayan Tahriri can be said to be proved as a piece of reliable prosecution evidence and if so, what would be the p…
Supreme Court of India17 Aug 2023Full text
2023 INSC 737 · [2023] 11 S.C.R. 348
Held: It is specifically averred in the plaint that only intention for executing the Power of Attorney in favour of defendant No.2 was for developing the property in question into smaller plots and to get necessary approvals for the same from the relevant authorities – It is clearly stated in plaint that the plaintiff s …
Also on Law on Tips: Bare Acts · Legal news and analysis
2023 INSC 760 · [2023] 11 S.C.R. 379
LIST OF CITATIONS AND OTHER REFERENCES Mahanth Ram Das vs. Ganga Das [1961] 3 SCR 763; Raj Kumar Dey and Others vs. Tarapada Dey and Others (1987) 4 SCC 398 : [1988] 1 SCR 118; Jagdish Mandal vs. State of Orissa and Others (2007) 14 SCC 517 – relied on. Vidarbha Irrigation Development Corporation and Others vs. Anoj Ku…
Supreme Court of India20 Jan 2023Full text
2023 INSC 76 · [2023] 1 S.C.R. 731
M. R. SHAH, J. 1. By way of this petition under Article 32 of the Constitution of India the petitioner has prayed for appropriate directions/orders directing the respondents - States to enable free public access to chargesheets Band final reports filed as per Section 173 of the Code of Criminal Procedure, 1973 (hereina…
Supreme Court of India23 Aug 2023Full text
2023 INSC 758 · [2023] 11 S.C.R. 789
[2023] 11 S.C.R. 789 : 2023 INSC 758 CASE DETAILS IRFAN @ NAKA v. THE STATE OF UTTAR PRADESH (Criminal Appeal Nos. 825-826 of 2022) AUGUST 23, 2023 [B.R. GAVAI, J.B. PARDIWALA AND PRASHANT KUMAR MISHRA, JJ.] HEADNOTES Issue for consideration: Whether the prosecution could be said to have proved its case beyond reasonab…
Supreme Court of India23 Aug 2023Full text
2023 INSC 756 · [2023] 11 S.C.R. 587
Held: Deceased was employed as a driver on Truck, which was owned by the respondent No. 2 – The same was fully insured – As per the terms of the Policy available on record, an additional premium was paid to cover two employees for any compensation payable under the 1923 Act – While driving the vehicle from Delhi to Bar…
Supreme Court of India22 Aug 2023Full text
2023 INSC 754 · [2023] 11 S.C.R. 613
Service Law – Suppression of material information – When not: Held: Information sought in the verifi cation roll was regarding arrest, detention and conviction by a Court in any off ence – In reply to the information asked the respondent gave the answer as “no” – As per the contents of the information sought and as per t…
Supreme Court of India22 Aug 2023Full text
2023 INSC 751 · [2023] 11 S.C.R. 367
Arbitration – Irregularity alleged making claim untenable: Held: There is no merit in the respondent-State’s submission that the record became defective and procedurally the claim became untenable because the tribunal was not informed and the appellant did not bring all heirs of the original contractor on the record – …
Supreme Court of India22 Aug 2023Full text
2023 INSC 750 · [2023] 11 S.C.R. 594
– Impugned judgments passed by the High Court ex facie erroneous, set aside.[Paras 7 and 9] Interpretation of Statutes – Doctrine of Harmonious Construction: Held: As per the rules of doctrine of harmonious construction, the document has to be read as a whole and in its totality – If there is any ambiguity either paten…
Supreme Court of India20 Jan 2023Full text
2023 INSC 75 · [2023] 1 S.C.R. 925
E Indore Development Authority vs Manoharlal & Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. Pune Municipal Corporation & Anr. Vs Harakchand Misrimal Solanki & Ors (2014) 3 SCC 183 : [2014] 1 SCR 783 –referred to. F Case Law Reference [2020] 3 SCR 1 followed Para 2.2, 4 [2014] 1 SCR 783 referred to Para 2.2 CIVIL …
Supreme Court of India18 Aug 2023Full text
2023 INSC 748 · [2023] 12 S.C.R. 1118
Constitution of India – Article 141 – Decision in Pawan Gupta challenged by appellant by filing appeals before Supreme Court which were dismissed without any reasons being recorded – Review petitions there against were also dismissed – Article 141, if attracted: Held: Dismissal of the appeal in the case of Pawan Gupta w…
Supreme Court of India18 Aug 2023Full text
2023 INSC 747 · [2023] 11 S.C.R. 287
Arbitration – Award of damages – Interference with – Award of damages for breach of contract for certain periods – Upheld by the Single Judge of the High Court, however, the Division Bench upheld the findings, to the extent the award granted damages for certain period, but set it aside for the balance period – Correctne…
Supreme Court of India18 Aug 2023Full text
2023 INSC 746 · [2023] 12 S.C.R. 1052
– Provisions in the Customs Act do not, in any manner, negate or override the statutory preference in terms of s.529A, Companies Act, which treats 1052 IDBI (THROUGH STRESSED ASSETS STABILIZATION FUND 1053 CONSTITUTED BY THE GoI) v. SUPT. OF CENTRAL EXCISE AND CUSTOMS AND OTHERS the secured creditors and the workmen’s …
Supreme Court of India18 Aug 2023Full text
2023 INSC 745 · [2023] 13 S.C.R. 658
[2023] 13 S.C.R. 658 : 2023 INSC 745 CASE DETAILS BACHPAN BACHAO ANDOLAN v. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 427 of 2022) AUGUST 18, 2023 [S. RAVINDRA BHAT AND ARAVIND KUMAR, JJ.] HEADNOTES Issue for consideration: The role of a ‘support person’ as envisaged in the Protection of Children from Sexual Offe…
Supreme Court of India18 Aug 2023Full text
2023 INSC 744 · [2023] 11 S.C.R. 130
Held : Not sustainable – Presumption ought to have been drawn in favour of the validity of the marriage between the deceased and the applicant – More so, when during his life time, the military personnel sought deletion of the name of his previous wife from his service record and endorsement of the name of the applican…
Supreme Court of India18 Aug 2023Full text
2023 INSC 743 · [2023] 12 S.C.R. 1034
Transfer of Property Act, 1882 – s.58(c) – Scope: Held: The proviso was added in s.58(c) so as to put at rest the confl icting decisions on the issue – A deeming fiction was added in the negative that a transaction shall not be deemed to be a mortgage unless the condition for reconveyance is contained in the document whi…
Supreme Court of India17 Aug 2023Full text
2023 INSC 742 · [2023] 11 S.C.R. 215
Held : Principle of interpretation of contracts adopted by the Division Bench of the High Court that when two constructions are possible, then courts must prefer the one which gives effect and voice to all clauses, does not have absolute application – Said interpretation is subject to the jurisdiction which a court is c…
Supreme Court of India17 Aug 2023Full text
2023 INSC 741 · [2023] 11 S.C.R. 198
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No.990 of 2021. (Under Article 32 of The Constitution of India) Appearances: Kishan Chand Jain, Rajesh Kumar, E. C. Agrawala, Advs. for the Petitioner. Tushar Mehta, SG, Mrs. Madhavi Divan, ASG, P.V. Yogeshwaran, A.A.G., V K Shukla, Sr. Adv., Anmol Chandan, Ms. Nidhi …
Supreme Court of India20 Jan 2023Full text
2023 INSC 74 · [2023] 1 S.C.R. 765
F Pune Municipal Corporation & Anr. Vs Harakchand Misrimal Solanki & Ors. (2014) 3 SCC 183 : [2014] 1 SCR 783 - referred to. Case Law Reference [2014] 1 SCR 783 referred to Para 2.1 G [2020] 3 SCR 1 followed Para 3 CIVIL APPELLATE JURISDICTION : Civil Appeal No.397 of 2023. H 765 766 SUPREME COURT REPORTS [2023] 1 S.C.…
Supreme Court of India18 Aug 2023Full text
2023 INSC 738 · [2023] 11 S.C.R. 403
(ii) Whether the previous or subsequent conduct of the accused, established on record, can be treated as a circumstance against the accused in view of Section 8 of the Evidence Act. (iii) Whether the FIR or Bayan Tahriri can be said to be proved as a piece of reliable prosecution evidence and if so, what would be the p…
Supreme Court of India17 Aug 2023Full text
2023 INSC 737 · [2023] 11 S.C.R. 348
Held: It is specifically averred in the plaint that only intention for executing the Power of Attorney in favour of defendant No.2 was for developing the property in question into smaller plots and to get necessary approvals for the same from the relevant authorities – It is clearly stated in plaint that the plaintiff s …
Also on Law on Tips: Bare Acts · Legal news and analysis