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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.
2,261–2,280 · Page 114 of 500
Supreme Court of India20 Jul 2023Full text
2023 INSC 630 · [2023] 10 S.C.R. 758
758 SUPREME[2023] COURT10 S.C.R.REPORTS758 : 2023 INSC 630[2023] 10 S.C.R. A SHATRUGHAN v. THE STATE OF CHHATTISGARH (Criminal Appeal No. 437 of 2016) B JULY 20, 2023 [VIKRAM NATH AND AHSANUDDIN AMANULLAH, JJ.] Penal Code, 1860: s. 302 – Culpable homicide amounting to murder – Conviction u/s. 302 – Correctness of – FIR…
Supreme Court of India20 Jan 2023Full text
2023 INSC 63 · [2023] 1 S.C.R. 1055
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.
2,261–2,280 · Page 114 of 500
Supreme Court of India20 Jul 2023Full text
2023 INSC 630 · [2023] 10 S.C.R. 758
758 SUPREME[2023] COURT10 S.C.R.REPORTS758 : 2023 INSC 630[2023] 10 S.C.R. A SHATRUGHAN v. THE STATE OF CHHATTISGARH (Criminal Appeal No. 437 of 2016) B JULY 20, 2023 [VIKRAM NATH AND AHSANUDDIN AMANULLAH, JJ.] Penal Code, 1860: s. 302 – Culpable homicide amounting to murder – Conviction u/s. 302 – Correctness of – FIR…
Supreme Court of India20 Jan 2023Full text
2023 INSC 63 · [2023] 1 S.C.R. 1055
Coal Bearing Areas (Acquisition and Development) Act, 1957 F – ss.11, 18(a) – Plea of the appellant that the Govt. company in whose favour the order is passed u/s.11,except the amount of royalty u/s.18(a) it is not liable to pay any amount – Held : The argument has no substance –Compensation/rental payable with respect…
Supreme Court of India17 Jul 2023Full text
2023 INSC 624 · [2023] 10 S.C.R. 848
Allowing the appeal, the Court HELD: 1. The definition of the term “total disablement” as provided by clause (l) of sub-section (1) of section 2 of the Employee’s Compensation Act, 1923, it is the functional disability G and not just the physical disability which is the determining factor in assessing whether the claim…
Supreme Court of India17 Jul 2023Full text
2023 INSC 623 · [2023] 10 S.C.R. 464
G Code of Criminal Procedure, 1973: s. 378(3) – Appeal against acquittal – Power of the appellate court – Explained. Dismissing the appeal, the Court HELD: 1.1 No doubt the judgment and order of the High Court appears a bit cryptic but that by itself need not be a ground H 464 CENTRAL BUREAU OF INVESTIGATION v. SHYAM B…
Supreme Court of India17 Jul 2023Full text
2023 INSC 622 · [2023] 10 S.C.R. 713
S. Nagamuthu, Sr. Adv., Ms. Prerna Mehta, Adv. for the Appellant. B Jayant K. Sud, ASG, Shreekant Neelappa Terdal, Mukul Singh, Rajesh Singh Chauhan, P. V. Yogeswaran, Rajan Kr. Chourasia, S. K. Singhania, Dr. N. Visakamurthy, Advs. for the Respondent. The Judgment of the Court was delivered by C ABHAY S. OKA, J. FACTU…
Supreme Court of India13 Jul 2023Full text
2023 INSC 621 · [2023] 10 S.C.R. 1083
– ss. 279, 304 A. F Motor Vehicles Act, 1988: Motor accident – Claim for compensation – Negligence – Burden of proof – Held : Motor accident matter has to be considered on the basis of preponderance of the possibilities and not on the basis of proof beyond reasonable doubt – On facts, in a claim petition by the appella…
Supreme Court of India20 Jan 2023Full text
2023 INSC 62 · [2023] 1 S.C.R. 787
(2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. E Case Law Reference [2020] 3 SCR 1 followed Para 4 CIVIL APPELLATE JURISDICTION : Civil Appeal No.342 of 2023. From the Judgment and Order dated 14.03.2018 of the High Court F of Delhi at New Delhi in WP (C) No.5053 of 2016. Ashwani Kumar, Anshay Dhatwalia, Advs. for the A…
Supreme Court of India12 Jul 2023Full text
2023 INSC 619 · [2023] 10 S.C.R. 1049
E Allowing the appeal, the Court HELD: 1.1 There is a huge delay on the part of the respondents to avail of their appropriate remedy against the final publication of record of rights. Hence, the respondents are not entitled to any relief. [Para 54(i)][1082-A] F 1.2 On the application of principle of constructive res ju…
Supreme Court of India5 Jul 2023Full text
2023 INSC 618 · [2023] 10 S.C.R. 440
Doctrines/Principles – ‘Official notice’ – A device used in administrative procedure – The data on which an authority is acting must be apprised to the party against whom the data is to be used as such a party would then have an opportunity not only to refute it G but also supplement, explain or give a different perspe…
Supreme Court of India4 Jul 2023Full text
2023 INSC 617 · [2023] 10 S.C.R. 457
G CIVIL APPELLATE JURISDICTION : Civil Appeal No.128 of 2023. From the Judgment and Order dated 30.12.2022 of the High Court for the State of Telangana at Hyderabad in the Contempt Case No.776 of 2022. H 457 458 SUPREME COURT REPORTS [2023] 10 S.C.R. A With Civil Appeal No.92 of 2023. Tushar Mehta, SG, Gopal Jain, Sr. …
Supreme Court of India11 Jul 2023Full text
2023 INSC 616 · [2023] 10 S.C.R. 533
Committee which is constituted to recommend their appointment finds it necessary, in public interest, to grant such extension – It is further required to record the reasons in writing for the said purpose – When a Committee can be trusted with regard to recommending their initial appointment, there is no reason as to w…
Supreme Court of India11 Jul 2023Full text
2023 INSC 615 · [2023] 10 S.C.R. 587
B. Banerjee v. Smt. Anita Pan (1975) 1 SCC 166 : [1975] 2 SCR 774 – relied on. Gyan Chand v. Kunjbeharilal & Ors. (1977) 3 SCC G 317 : [1977] 2 SCR 324; Martin & Harris Ltd. v. VIth Additional Distt. Judge and Ors. (1998) 1 SCC 732 : [1997] 6 Suppl. SCR 380; Vithalbhai (P) Ltd. v. Union Bank of India (2005) 4 SCC 315 :…
Supreme Court of India5 Jul 2023Full text
2023 INSC 614 · [2023] 10 S.C.R. 1033
Criminal Law – Law with respect to conviction in the case of circumstantial evidence – Discussed. G Evidence – Circumstantial evidence – Law of extra-judicial confession – Discussed. Allowing the appeals, the Court HELD: 1.1 The prosecution case mainly rests on the testimony of (PW-2), ex-Sarpanch of village Maluka ins…
Supreme Court of India4 Jul 2023Full text
2023 INSC 613 · [2023] 10 S.C.R. 775
[2023] 10 S.C.R. 775 : 2023 INSC 613 775 RESERVE BANK OF INDIA & ORS. A v. A.K. NAIR & ORS. (Civil Appeal No. 529 of 2023) JULY 04, 2023 B [S. RAVINDRA BHAT AND DIPANKAR DATTA, JJ.] Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995 – s. 33 – Rights of Persons with Disa…
Supreme Court of India7 Jul 2023Full text
2023 INSC 612 · [2023] 10 S.C.R. 411
Bail – Anticipatory Bail – Purpose – The relief of Anticipatory Bail is aimed at safeguarding individual rights – While it serves as a crucial tool to prevent the misuse of the power of arrest and protects innocent individuals from harassment, it also presents challenges in maintaining a delicate balance between indivi…
Supreme Court of India5 Jul 2023Full text
2023 INSC 610 · [2023] 10 S.C.R. 724
H 724 ARUN DEV UPADHYAYA v. INTEGRATED SALES SERVICE 725 LTD. & ANR. Dismissing the review petitions, the Court A 1.1 A power to review cannot be exercised as an appellate power and has to be strictly confined to the scope and ambit of Order XLVII Rule 1 CPC. An error on the face of record must be such an error which, …
Supreme Court of India20 Jan 2023Full text
2023 INSC 61 · [2023] 1 S.C.R. 1021
cannot continue for approximately 20 to 25 years and same can be said to be arbitrary and infringing right to use the property under Art. 300A of Constitution of India – If the permanent acquisition is not done within a stipulated time as per the order of the High Court necessary consequence shall follow – As far rent …
Supreme Court of India5 Jul 2023Full text
2023 INSC 609 · [2023] 10 S.C.R. 824
824 SUPREME[2023] COURT10 S.C.R.REPORTS824 : 2023 INSC 609[2023] 10 S.C.R. A TRUST ESTATE KHIMJI KESHAWJI & ANR. v. THE KOLKATA MUNICIPAL CORPORATION & ORS. (Civil Appeal No. 4230 of 2023) B JULY 05, 2023 [B. R. GAVAI AND VIKRAM NATH, JJ.] Kolkata Municipal Corporation Act, 1980 – s. 238 and s.271 – Validity of notice …
Supreme Court of India6 Jul 2023Full text
2023 INSC 607 · [2023] 10 S.C.R. 742
the amount paid by the appellant for 13000 KVA, in excess to its request of maximum sanctioned demand of 10000 KVA – Constitution of India – Article 14 – Doctrines/Principles – Sick Industrial Companies Act, 1985 – s.3(1)(O). Doctrines/Principles – Principle of reasonable time – H Discussed – Contract. 742 THE MADRAS A…
Supreme Court of India7 Jul 2023Full text
2023 INSC 606 · [2023] 10 S.C.R. 387
Interpretation of Statutes – Rule of interpretation – Literal rule – Explained. G Allowing the appeal, the Court HELD: 1.1 In the instant case, the High Court seems to have completely misread the provisions of the National Highways Authority Act, 1956. It fell into error as it failed to apply the well settled principle…
Also on Law on Tips: Bare Acts · Legal news and analysis
Coal Bearing Areas (Acquisition and Development) Act, 1957 F – ss.11, 18(a) – Plea of the appellant that the Govt. company in whose favour the order is passed u/s.11,except the amount of royalty u/s.18(a) it is not liable to pay any amount – Held : The argument has no substance –Compensation/rental payable with respect…
Supreme Court of India17 Jul 2023Full text
2023 INSC 624 · [2023] 10 S.C.R. 848
Allowing the appeal, the Court HELD: 1. The definition of the term “total disablement” as provided by clause (l) of sub-section (1) of section 2 of the Employee’s Compensation Act, 1923, it is the functional disability G and not just the physical disability which is the determining factor in assessing whether the claim…
Supreme Court of India17 Jul 2023Full text
2023 INSC 623 · [2023] 10 S.C.R. 464
G Code of Criminal Procedure, 1973: s. 378(3) – Appeal against acquittal – Power of the appellate court – Explained. Dismissing the appeal, the Court HELD: 1.1 No doubt the judgment and order of the High Court appears a bit cryptic but that by itself need not be a ground H 464 CENTRAL BUREAU OF INVESTIGATION v. SHYAM B…
Supreme Court of India17 Jul 2023Full text
2023 INSC 622 · [2023] 10 S.C.R. 713
S. Nagamuthu, Sr. Adv., Ms. Prerna Mehta, Adv. for the Appellant. B Jayant K. Sud, ASG, Shreekant Neelappa Terdal, Mukul Singh, Rajesh Singh Chauhan, P. V. Yogeswaran, Rajan Kr. Chourasia, S. K. Singhania, Dr. N. Visakamurthy, Advs. for the Respondent. The Judgment of the Court was delivered by C ABHAY S. OKA, J. FACTU…
Supreme Court of India13 Jul 2023Full text
2023 INSC 621 · [2023] 10 S.C.R. 1083
– ss. 279, 304 A. F Motor Vehicles Act, 1988: Motor accident – Claim for compensation – Negligence – Burden of proof – Held : Motor accident matter has to be considered on the basis of preponderance of the possibilities and not on the basis of proof beyond reasonable doubt – On facts, in a claim petition by the appella…
Supreme Court of India20 Jan 2023Full text
2023 INSC 62 · [2023] 1 S.C.R. 787
(2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. E Case Law Reference [2020] 3 SCR 1 followed Para 4 CIVIL APPELLATE JURISDICTION : Civil Appeal No.342 of 2023. From the Judgment and Order dated 14.03.2018 of the High Court F of Delhi at New Delhi in WP (C) No.5053 of 2016. Ashwani Kumar, Anshay Dhatwalia, Advs. for the A…
Supreme Court of India12 Jul 2023Full text
2023 INSC 619 · [2023] 10 S.C.R. 1049
E Allowing the appeal, the Court HELD: 1.1 There is a huge delay on the part of the respondents to avail of their appropriate remedy against the final publication of record of rights. Hence, the respondents are not entitled to any relief. [Para 54(i)][1082-A] F 1.2 On the application of principle of constructive res ju…
Supreme Court of India5 Jul 2023Full text
2023 INSC 618 · [2023] 10 S.C.R. 440
Doctrines/Principles – ‘Official notice’ – A device used in administrative procedure – The data on which an authority is acting must be apprised to the party against whom the data is to be used as such a party would then have an opportunity not only to refute it G but also supplement, explain or give a different perspe…
Supreme Court of India4 Jul 2023Full text
2023 INSC 617 · [2023] 10 S.C.R. 457
G CIVIL APPELLATE JURISDICTION : Civil Appeal No.128 of 2023. From the Judgment and Order dated 30.12.2022 of the High Court for the State of Telangana at Hyderabad in the Contempt Case No.776 of 2022. H 457 458 SUPREME COURT REPORTS [2023] 10 S.C.R. A With Civil Appeal No.92 of 2023. Tushar Mehta, SG, Gopal Jain, Sr. …
Supreme Court of India11 Jul 2023Full text
2023 INSC 616 · [2023] 10 S.C.R. 533
Committee which is constituted to recommend their appointment finds it necessary, in public interest, to grant such extension – It is further required to record the reasons in writing for the said purpose – When a Committee can be trusted with regard to recommending their initial appointment, there is no reason as to w…
Supreme Court of India11 Jul 2023Full text
2023 INSC 615 · [2023] 10 S.C.R. 587
B. Banerjee v. Smt. Anita Pan (1975) 1 SCC 166 : [1975] 2 SCR 774 – relied on. Gyan Chand v. Kunjbeharilal & Ors. (1977) 3 SCC G 317 : [1977] 2 SCR 324; Martin & Harris Ltd. v. VIth Additional Distt. Judge and Ors. (1998) 1 SCC 732 : [1997] 6 Suppl. SCR 380; Vithalbhai (P) Ltd. v. Union Bank of India (2005) 4 SCC 315 :…
Supreme Court of India5 Jul 2023Full text
2023 INSC 614 · [2023] 10 S.C.R. 1033
Criminal Law – Law with respect to conviction in the case of circumstantial evidence – Discussed. G Evidence – Circumstantial evidence – Law of extra-judicial confession – Discussed. Allowing the appeals, the Court HELD: 1.1 The prosecution case mainly rests on the testimony of (PW-2), ex-Sarpanch of village Maluka ins…
Supreme Court of India4 Jul 2023Full text
2023 INSC 613 · [2023] 10 S.C.R. 775
[2023] 10 S.C.R. 775 : 2023 INSC 613 775 RESERVE BANK OF INDIA & ORS. A v. A.K. NAIR & ORS. (Civil Appeal No. 529 of 2023) JULY 04, 2023 B [S. RAVINDRA BHAT AND DIPANKAR DATTA, JJ.] Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995 – s. 33 – Rights of Persons with Disa…
Supreme Court of India7 Jul 2023Full text
2023 INSC 612 · [2023] 10 S.C.R. 411
Bail – Anticipatory Bail – Purpose – The relief of Anticipatory Bail is aimed at safeguarding individual rights – While it serves as a crucial tool to prevent the misuse of the power of arrest and protects innocent individuals from harassment, it also presents challenges in maintaining a delicate balance between indivi…
Supreme Court of India5 Jul 2023Full text
2023 INSC 610 · [2023] 10 S.C.R. 724
H 724 ARUN DEV UPADHYAYA v. INTEGRATED SALES SERVICE 725 LTD. & ANR. Dismissing the review petitions, the Court A 1.1 A power to review cannot be exercised as an appellate power and has to be strictly confined to the scope and ambit of Order XLVII Rule 1 CPC. An error on the face of record must be such an error which, …
Supreme Court of India20 Jan 2023Full text
2023 INSC 61 · [2023] 1 S.C.R. 1021
cannot continue for approximately 20 to 25 years and same can be said to be arbitrary and infringing right to use the property under Art. 300A of Constitution of India – If the permanent acquisition is not done within a stipulated time as per the order of the High Court necessary consequence shall follow – As far rent …
Supreme Court of India5 Jul 2023Full text
2023 INSC 609 · [2023] 10 S.C.R. 824
824 SUPREME[2023] COURT10 S.C.R.REPORTS824 : 2023 INSC 609[2023] 10 S.C.R. A TRUST ESTATE KHIMJI KESHAWJI & ANR. v. THE KOLKATA MUNICIPAL CORPORATION & ORS. (Civil Appeal No. 4230 of 2023) B JULY 05, 2023 [B. R. GAVAI AND VIKRAM NATH, JJ.] Kolkata Municipal Corporation Act, 1980 – s. 238 and s.271 – Validity of notice …
Supreme Court of India6 Jul 2023Full text
2023 INSC 607 · [2023] 10 S.C.R. 742
the amount paid by the appellant for 13000 KVA, in excess to its request of maximum sanctioned demand of 10000 KVA – Constitution of India – Article 14 – Doctrines/Principles – Sick Industrial Companies Act, 1985 – s.3(1)(O). Doctrines/Principles – Principle of reasonable time – H Discussed – Contract. 742 THE MADRAS A…
Supreme Court of India7 Jul 2023Full text
2023 INSC 606 · [2023] 10 S.C.R. 387
Interpretation of Statutes – Rule of interpretation – Literal rule – Explained. G Allowing the appeal, the Court HELD: 1.1 In the instant case, the High Court seems to have completely misread the provisions of the National Highways Authority Act, 1956. It fell into error as it failed to apply the well settled principle…
Also on Law on Tips: Bare Acts · Legal news and analysis