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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.
2,221–2,240 · Page 112 of 500
Supreme Court of India8 Aug 2023Full text
2023 INSC 687 · [2023] 11 S.C.R. 58
Penal Code, 1860 – s. 195A – Invocation of, by the investigating agency – Correctness: Held : To give threat to a person to withdraw a complaint or FIR or settle the dispute would not attract s. 195A – None of the ingredients to constitute 58 SALIB @ SHALU @ SALIM v. STATE OF U.P. AND ORS. 59 the offence punishable u/s.…
Supreme Court of India8 Aug 2023Full text
2023 INSC 683 · [2023] 11 S.C.R. 313
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.
2,221–2,240 · Page 112 of 500
Supreme Court of India8 Aug 2023Full text
2023 INSC 687 · [2023] 11 S.C.R. 58
Penal Code, 1860 – s. 195A – Invocation of, by the investigating agency – Correctness: Held : To give threat to a person to withdraw a complaint or FIR or settle the dispute would not attract s. 195A – None of the ingredients to constitute 58 SALIB @ SHALU @ SALIM v. STATE OF U.P. AND ORS. 59 the offence punishable u/s.…
Supreme Court of India8 Aug 2023Full text
2023 INSC 683 · [2023] 11 S.C.R. 313
314 SUPREME COURT REPORTS [2023] 11 S.C.R. criminal proceedings arising from the FIR quashed – Penal Code, 1860 – ss. 395, 504, 506 and 323. [Paras 29, 30, 35 and 36] Penal Code, 1860 – s. 395 – Punishment for Dacoity – FIR alleging that to settle a land dispute the informant and his brother visited the house of the ap…
Supreme Court of India8 Aug 2023Full text
2023 INSC 682 · [2023] 12 S.C.R. 932
Prevention of Corruption Act, 1988 – s.19 – Code of Criminal Procedure, 1973 – s.197 – Statutory requirements – Diff erence between: Held: In the prosecution for the offences exclusively under the PC Act, 1988, sanction is mandatory qua the public servant – In cases under the general penal law against the public servant,…
Supreme Court of India8 Aug 2023Full text
2023 INSC 680 · [2023] 11 S.C.R. 76
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1077 of 2013. 78 SUPREME COURT REPORTS [2023] 11 S.C.R. From the Judgment and Order dated 21.07.2011 of the National Consumer Disputes Redressal Commission, Delhi in Original Petition No. 55 of 1996. Appearances: Sridher Potaraju, K. P. Sundar Rao, Aayush, Rajat Srivastava…
Supreme Court of India20 Jan 2023Full text
2023 INSC 68 · [2023] 1 S.C.R. 907
Indore Development Authority vs Manoharlal & Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. Pune Municipal Corporation & Anr. vs. Harakchand G Misrimal Solanki & ors (2014) 3 SCC 183 : [2014] 1 SCR 783 – referred to. Smt. Harbans Kaur vs. Govt. of NCT of Delhi and Ors. [W.P.(C) 5358 of 2014, decided on 02.02.2015] …
Supreme Court of India8 Aug 2023Full text
2023 INSC 679 · [2023] 11 S.C.R. 861
862 SUPREME COURT REPORTS [2023] 11 S.C.R. Evidence – Circumstantial evidence – Last seen theory – Presumption as to the presence of the deceased along with the accused just prior to the occurrence, in absence of positive ocular evidence of prosecution witnesses of having seen the deceased in the company of the accused…
Supreme Court of India7 Aug 2023Full text
2023 INSC 678 · [2023] 11 S.C.R. 49
– Appellants acquitted of all charges – Evidence. [Paras 13, 19, 20 and 21] Evidence – Circumstantial evidence – Conviction on basis of – Conditions to be fulfilled: Held : Circumstances from which the conclusion of guilt is to be drawn should be fully established – Facts so established should be consistent only 49 50 S…
Supreme Court of India7 Aug 2023Full text
2023 INSC 677 · [2023] 12 S.C.R. 853
Held: A writ of Habeas Corpus shall only be issued when the detention is illegal – As a matter of rule, an order of remand by a judicial officer, culminating into a judicial function cannot be challenged by way of a writ of Habeas Corpus, while it is open to the person aggrieved to seek other statutory remedies – When an…
Supreme Court of India18 Jul 2023Full text
2023 INSC 676 · [2023] 10 S.C.R. 478
478 P. YUVAPRAKASH v. STATE REP. BY INSPECTOR OF POLICE 479 Allowing the appeal, the Court A HELD:1. It is clear that none of the documents produced during the trial answered the description of “the date of birth certificate from the school” or “the matriculation or equivalent certificate” from the concerned examinatio…
Supreme Court of India2 Aug 2023Full text
2023 INSC 675 · [2023] 11 S.C.R. 34
OTHER CASE DETAILS INCLUDING IMPUGNED ORDER AND APPEARANCES CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 2291 of 2011. From the Judgment and Order dated 03.02.2010 of the High Court of Bombay at Nagpur in CRLWP No. 676 of 2009. Appearances: Satyajit A Desai, Anshuman Ashok, Siddharth Gautam, Abhinav K. Mutyalwa…
Supreme Court of India2 Aug 2023Full text
2023 INSC 674 · [2023] 11 S.C.R. 39
Penal Code, 1860 – ss. 302 and 201 – Reversal of acquittal by High Court – Propriety: Held : When attention of the appellant was drawn to the incriminating circumstances that inculpated him in the crime, he failed to off er appropriate explanation or gave a false answer – The same can be counted as providing a missing l…
Supreme Court of India20 Jan 2023Full text
2023 INSC 67 · [2023] 1 S.C.R. 901
E Indore Development Authority v.Manoharlal and Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. Pune Municipal Corporation and Anr. vs.Harakchand Misirimal Solanki and Ors. (2014) 3 SCC 183 : [2014] F 1 SCR 783 – referred to. Case Law Reference [2014] 1 SCR 783 referred to Para 2 [2020] 3 SCR 1 followed Para 2 G CIV…
Supreme Court of India3 Aug 2023Full text
2023 INSC 669 · [2023] 11 S.C.R. 19
Held : While dismissing the third application filed by the respondent seeking discharge after examination of 17 witnesses by the prosecution, it was specifically held by the Special Judge that the sanction accorded by the Government which was a superior authority was proper and valid – Such fi ndings recorded by the Spec…
Supreme Court of India2 Aug 2023Full text
2023 INSC 665 · [2023] 11 S.C.R. 159
160 SUPREME COURT REPORTS [2023] 11 S.C.R. Employees’ State Insurance Act, 1948 – ss.1(4), 2(12), 14(AA) – Respondent establishment, a pathological laboratory if covered u/s.1(4) providing that the Act shall apply to all factories (including factories belonging to the Government) other than seasonal factories: Held : N…
Supreme Court of India1 Aug 2023Full text
2023 INSC 664 · [2023] 12 S.C.R. 601
Andhra Pradesh Assigned Land (Prohibition of Transfer) Act, 1977 – Assignment/Alienation of government land – Assignment of non-occupied land to landless scheduled caste/scheduled tribe persons – Assignees alienated the land to one through General Power of Attorney, who in turn sold the land to subsequent purchasers – …
Supreme Court of India11 Jul 2023Full text
2023 INSC 663 · [2023] 9 S.C.R. 1261
Social Status Certificate – Scheduled Tribe – Affinity Test – Held: Affinity test may not be regarded as a litmus test for G establishing the link of the applicant with a Scheduled Tribe – Claim by a person belonging to the Scheduled Tribe cannot per se be disregarded on the ground that his present traits do not match …
Supreme Court of India1 Aug 2023Full text
2023 INSC 661 · [2023] 11 S.C.R. 1
– Appellants have duly complied with the orders passed – In view thereof, no legal malice in the amendments – Rajasthan Minor Mineral Concession Rules, 1986 – rr. 4(10) and 7(3).[Para 21] Rajasthan Minor Mineral Concession Rules, 1986 – rr. 4(10) and 7(3) – Constitutionality of: Held : Amendments made to the Rules – Is…
Supreme Court of India31 Jul 2023Full text
2023 INSC 660 · [2023] 10 S.C.R. 1184
– Held: High Court erred in mechanically rejecting the anticipatory bail and in adopting such a casual approach – Husband co-operated with the investigation both before and after the grant of protection, E till the filing of the chargesheet and the cognizance thereof – Thus, once the chargesheet was filed, there was no…
Supreme Court of India20 Jan 2023Full text
2023 INSC 66 · [2023] 1 S.C.R. 783
E Indore Development Authority Vs. Manoharlal and Ors, (2020) 8 SCC 129 – followed. Case Law Reference (2020) 8 SCC 129 followed Para 4 CIVIL APPELLATE JURISDICTION : Civil Appeal No.366 of F 2023. From the Judgment and Order dated 25.07.2017 of the High Court of Delhi at New Delhi in WP (C) No.8291 of 2015. Atul Kumar…
Supreme Court of India31 Jul 2023Full text
2023 INSC 659 · [2023] 9 S.C.R. 1240
and noticing the theft, was very short – It cannot be said that leaving the key of the vehicle in the ignition was an open invitation to steal the vehicle – Even if there was some carelessness, it was not a fundamental breach of the condition warranting total repudiation – On facts, fit case to award the claim at 75% o…
Also on Law on Tips: Bare Acts · Legal news and analysis
314 SUPREME COURT REPORTS [2023] 11 S.C.R. criminal proceedings arising from the FIR quashed – Penal Code, 1860 – ss. 395, 504, 506 and 323. [Paras 29, 30, 35 and 36] Penal Code, 1860 – s. 395 – Punishment for Dacoity – FIR alleging that to settle a land dispute the informant and his brother visited the house of the ap…
Supreme Court of India8 Aug 2023Full text
2023 INSC 682 · [2023] 12 S.C.R. 932
Prevention of Corruption Act, 1988 – s.19 – Code of Criminal Procedure, 1973 – s.197 – Statutory requirements – Diff erence between: Held: In the prosecution for the offences exclusively under the PC Act, 1988, sanction is mandatory qua the public servant – In cases under the general penal law against the public servant,…
Supreme Court of India8 Aug 2023Full text
2023 INSC 680 · [2023] 11 S.C.R. 76
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1077 of 2013. 78 SUPREME COURT REPORTS [2023] 11 S.C.R. From the Judgment and Order dated 21.07.2011 of the National Consumer Disputes Redressal Commission, Delhi in Original Petition No. 55 of 1996. Appearances: Sridher Potaraju, K. P. Sundar Rao, Aayush, Rajat Srivastava…
Supreme Court of India20 Jan 2023Full text
2023 INSC 68 · [2023] 1 S.C.R. 907
Indore Development Authority vs Manoharlal & Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. Pune Municipal Corporation & Anr. vs. Harakchand G Misrimal Solanki & ors (2014) 3 SCC 183 : [2014] 1 SCR 783 – referred to. Smt. Harbans Kaur vs. Govt. of NCT of Delhi and Ors. [W.P.(C) 5358 of 2014, decided on 02.02.2015] …
Supreme Court of India8 Aug 2023Full text
2023 INSC 679 · [2023] 11 S.C.R. 861
862 SUPREME COURT REPORTS [2023] 11 S.C.R. Evidence – Circumstantial evidence – Last seen theory – Presumption as to the presence of the deceased along with the accused just prior to the occurrence, in absence of positive ocular evidence of prosecution witnesses of having seen the deceased in the company of the accused…
Supreme Court of India7 Aug 2023Full text
2023 INSC 678 · [2023] 11 S.C.R. 49
– Appellants acquitted of all charges – Evidence. [Paras 13, 19, 20 and 21] Evidence – Circumstantial evidence – Conviction on basis of – Conditions to be fulfilled: Held : Circumstances from which the conclusion of guilt is to be drawn should be fully established – Facts so established should be consistent only 49 50 S…
Supreme Court of India7 Aug 2023Full text
2023 INSC 677 · [2023] 12 S.C.R. 853
Held: A writ of Habeas Corpus shall only be issued when the detention is illegal – As a matter of rule, an order of remand by a judicial officer, culminating into a judicial function cannot be challenged by way of a writ of Habeas Corpus, while it is open to the person aggrieved to seek other statutory remedies – When an…
Supreme Court of India18 Jul 2023Full text
2023 INSC 676 · [2023] 10 S.C.R. 478
478 P. YUVAPRAKASH v. STATE REP. BY INSPECTOR OF POLICE 479 Allowing the appeal, the Court A HELD:1. It is clear that none of the documents produced during the trial answered the description of “the date of birth certificate from the school” or “the matriculation or equivalent certificate” from the concerned examinatio…
Supreme Court of India2 Aug 2023Full text
2023 INSC 675 · [2023] 11 S.C.R. 34
OTHER CASE DETAILS INCLUDING IMPUGNED ORDER AND APPEARANCES CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 2291 of 2011. From the Judgment and Order dated 03.02.2010 of the High Court of Bombay at Nagpur in CRLWP No. 676 of 2009. Appearances: Satyajit A Desai, Anshuman Ashok, Siddharth Gautam, Abhinav K. Mutyalwa…
Supreme Court of India2 Aug 2023Full text
2023 INSC 674 · [2023] 11 S.C.R. 39
Penal Code, 1860 – ss. 302 and 201 – Reversal of acquittal by High Court – Propriety: Held : When attention of the appellant was drawn to the incriminating circumstances that inculpated him in the crime, he failed to off er appropriate explanation or gave a false answer – The same can be counted as providing a missing l…
Supreme Court of India20 Jan 2023Full text
2023 INSC 67 · [2023] 1 S.C.R. 901
E Indore Development Authority v.Manoharlal and Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. Pune Municipal Corporation and Anr. vs.Harakchand Misirimal Solanki and Ors. (2014) 3 SCC 183 : [2014] F 1 SCR 783 – referred to. Case Law Reference [2014] 1 SCR 783 referred to Para 2 [2020] 3 SCR 1 followed Para 2 G CIV…
Supreme Court of India3 Aug 2023Full text
2023 INSC 669 · [2023] 11 S.C.R. 19
Held : While dismissing the third application filed by the respondent seeking discharge after examination of 17 witnesses by the prosecution, it was specifically held by the Special Judge that the sanction accorded by the Government which was a superior authority was proper and valid – Such fi ndings recorded by the Spec…
Supreme Court of India2 Aug 2023Full text
2023 INSC 665 · [2023] 11 S.C.R. 159
160 SUPREME COURT REPORTS [2023] 11 S.C.R. Employees’ State Insurance Act, 1948 – ss.1(4), 2(12), 14(AA) – Respondent establishment, a pathological laboratory if covered u/s.1(4) providing that the Act shall apply to all factories (including factories belonging to the Government) other than seasonal factories: Held : N…
Supreme Court of India1 Aug 2023Full text
2023 INSC 664 · [2023] 12 S.C.R. 601
Andhra Pradesh Assigned Land (Prohibition of Transfer) Act, 1977 – Assignment/Alienation of government land – Assignment of non-occupied land to landless scheduled caste/scheduled tribe persons – Assignees alienated the land to one through General Power of Attorney, who in turn sold the land to subsequent purchasers – …
Supreme Court of India11 Jul 2023Full text
2023 INSC 663 · [2023] 9 S.C.R. 1261
Social Status Certificate – Scheduled Tribe – Affinity Test – Held: Affinity test may not be regarded as a litmus test for G establishing the link of the applicant with a Scheduled Tribe – Claim by a person belonging to the Scheduled Tribe cannot per se be disregarded on the ground that his present traits do not match …
Supreme Court of India1 Aug 2023Full text
2023 INSC 661 · [2023] 11 S.C.R. 1
– Appellants have duly complied with the orders passed – In view thereof, no legal malice in the amendments – Rajasthan Minor Mineral Concession Rules, 1986 – rr. 4(10) and 7(3).[Para 21] Rajasthan Minor Mineral Concession Rules, 1986 – rr. 4(10) and 7(3) – Constitutionality of: Held : Amendments made to the Rules – Is…
Supreme Court of India31 Jul 2023Full text
2023 INSC 660 · [2023] 10 S.C.R. 1184
– Held: High Court erred in mechanically rejecting the anticipatory bail and in adopting such a casual approach – Husband co-operated with the investigation both before and after the grant of protection, E till the filing of the chargesheet and the cognizance thereof – Thus, once the chargesheet was filed, there was no…
Supreme Court of India20 Jan 2023Full text
2023 INSC 66 · [2023] 1 S.C.R. 783
E Indore Development Authority Vs. Manoharlal and Ors, (2020) 8 SCC 129 – followed. Case Law Reference (2020) 8 SCC 129 followed Para 4 CIVIL APPELLATE JURISDICTION : Civil Appeal No.366 of F 2023. From the Judgment and Order dated 25.07.2017 of the High Court of Delhi at New Delhi in WP (C) No.8291 of 2015. Atul Kumar…
Supreme Court of India31 Jul 2023Full text
2023 INSC 659 · [2023] 9 S.C.R. 1240
and noticing the theft, was very short – It cannot be said that leaving the key of the vehicle in the ignition was an open invitation to steal the vehicle – Even if there was some carelessness, it was not a fundamental breach of the condition warranting total repudiation – On facts, fit case to award the claim at 75% o…
Also on Law on Tips: Bare Acts · Legal news and analysis