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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.
2,281–2,300 · Page 115 of 500
Supreme Court of India5 Jul 2023Full text
2023 INSC 604 · [2023] 10 S.C.R. 1010
F 2. This Court is aware of the fact that such an interpretation, if expanded beyond the specific scope of filing a review in the High Court is allowed, it would open the floodgates of litigation, and would essentially mean that every dismissal of Special Leave Petition must be accompanied with reasons declaring the sa…
Supreme Court of India5 Jul 2023Full text
2023 INSC 603 · [2023] 10 S.C.R. 993
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.
2,281–2,300 · Page 115 of 500
Supreme Court of India5 Jul 2023Full text
2023 INSC 604 · [2023] 10 S.C.R. 1010
F 2. This Court is aware of the fact that such an interpretation, if expanded beyond the specific scope of filing a review in the High Court is allowed, it would open the floodgates of litigation, and would essentially mean that every dismissal of Special Leave Petition must be accompanied with reasons declaring the sa…
Supreme Court of India5 Jul 2023Full text
2023 INSC 603 · [2023] 10 S.C.R. 993
Scope and ambit of – Held: POCSO Act was enacted to provide more stringent punishments for the offences of child abuse of various F kinds – Hence, minimum punishments have been prescribed in ss. 4, 6, 8 and 10 for various categories of sexual assaults on children – s. 6 on its plain language, leaves no discretion to th…
Supreme Court of India5 Jul 2023Full text
2023 INSC 600 · [2023] 10 S.C.R. 1001
sustained and is set aside – Constitution of India, 1950 – Art. 226 . Allowing the appeals and dismissing the contempt petitions, the Court HELD: 1.1 It must be noted that forest communities do not only consist of people from recognized Adivasi and other H 1001 1002 SUPREME COURT REPORTS [2023] 10 S.C.R. A backward com…
Supreme Court of India20 Jan 2023Full text
2023 INSC 60 · [2023] 1 S.C.R. 1045
Interpretation of Statutes – Social welfare legislation – Interpretation of – Held: ESI Act being a social welfare legislation, G any interpretation which would lean in favour of the beneficiary should be given – Employees State Insurance Act, 1948. Allowing the appeal, the Court HELD: Prior to insertion of Sub-section…
Supreme Court of India3 Jan 2023Full text
2023 INSC 6 · [2023] 6 S.C.R. 572
572 K C CINEMA (CORRECT NAME K C THEATRE) v. STATE OF JAMMU 573 AND KASHMIR Contract – Unfair and unreasonable contract/clause in a A contract – Test laid down in Central Inland Water Transport Corpn. case – Held: When one party has unequal bargaining power relative to the other party, any terms and conditions which ar…
Supreme Court of India5 Jul 2023Full text
2023 INSC 599 · [2023] 10 S.C.R. 1021
Evidence – Testimony of Child Witness – Corroboration of – Held: Corroboration of the testimony of a child witness is not a rule G but a measure of caution and prudence – A child witness of tender age is easily susceptible to tutoring – However, that by itself is no ground to reject the evidence of a child witness – Co…
Supreme Court of India4 Jul 2023Full text
2023 INSC 598 · [2023] 10 S.C.R. 83
Allowing the appeals, the Court B HELD : 1. The ground on which renewal of insurance policy to the appellant is sought to be refused is that while taking the initial policy, the appellant had failed to disclose that his wife (now deceased) was suffering from rheumatic heart disease. Though she expired of cancer. The fa…
Supreme Court of India4 Jul 2023Full text
2023 INSC 597 · [2023] 9 S.C.R. 1182
E Allowing the appeal, the Court HELD: 1.1 Any physical disability resulting from an accident has to be judged with reference to the nature of the work being performed by the person who suffered disability. The same injury suffered by two different persons may affect them in different F ways. Loss of leg by a farmer or…
Supreme Court of India4 Jul 2023Full text
2023 INSC 596 · [2023] 9 S.C.R. 1165
[2023] 9 S.C.R. 1165 : 2023 INSC 596 1165 RAMESH KUMAR A v. THE STATE OF NCT OF DELHI (Criminal Appeal No. 1741 of 2023) JULY 04, 2023 B [S. RAVINDRA BHAT AND DIPANKAR DATTA, JJ.] Code of Criminal Procedure, 1973 – s.438 – Anticipatory Bail – Payment of amount as a condition precedent for grant of bail – Legality of – …
Supreme Court of India4 Jul 2023Full text
2023 INSC 594 · [2023] 10 S.C.R. 126
Code of Civil Procedure, 1908 – O.41, r.22 – Held: In cases where the decree is partly in favour of the respondent, but is also partly against the respondent, two remedies within O.41, r.22 remain with the respondent, to file their cross objections and to support the G decree in whole – The third remedy in law is the r…
Supreme Court of India4 Jul 2023Full text
2023 INSC 593 · [2023] 10 S.C.R. 372
E Dismissing the appeal, the Court HELD: The condition of right to repurchase in sale deed will not be personal to the vendor unless the terms in the documents specifically state so. Such a right can always be F assigned and the contract containing such condition shall be enforceable. The only exception being that such…
Supreme Court of India4 Jul 2023Full text
2023 INSC 592 · [2023] 10 S.C.R. 95
– Thus, the appellants not entitled to receive any compensation – No infirmity found in the impugned order – Motor Vehicles Act, 1988. Dismissing the appeal, the Court HELD: 1.1 In the evidence led by the appellant no.1, she F admitted in her cross–examination that the owner of the vehicle was brother of her husband. I…
Supreme Court of India4 Jul 2023Full text
2023 INSC 591 · [2023] 9 S.C.R. 1286
1288 SUPREME COURT REPORTS [2023] 9 S.C.R. A The mere fact that the oral arguments are supported by findings of the adjudicating authority, which is not the order impugned before this Court, does not entitle the Revenue to resurrect a point which though made at the original stage, was never pressed before the tribunal …
Supreme Court of India4 Jul 2023Full text
2023 INSC 590 · [2023] 10 S.C.R. 101
[2023] 10 S.C.R. 101 : 2023 INSC 590 101 SANTHOSH MAIZE & INDUSTRIES LIMITED A v. THE STATE OF TAMIL NADU & ANR. (Civil Appeal No. 5731 of 2009) JULY 04, 2023 B [S. RAVINDRA BHAT AND DIPANKAR DATTA, JJ.] Tamil Nadu General Sales Tax Act, 1959 – TNGST (Amendment) Act, 1993 (Act No. 24 of 1993) – TNGST (Second Amendment)…
Supreme Court of India3 Jul 2023Full text
2023 INSC 588 · [2023] 10 S.C.R. 117
closed long prior to issuance of the orders of ‘reinstatement’ and ‘absorption’ – In effect, the management of FCI chose to acquiesce with and accept the Award passed by the Tribunal in its entirety, though it made such compliance subject to the result of the writ petition – Having allowed the workmen to put in regular…
Supreme Court of India3 Jul 2023Full text
2023 INSC 587 · [2023] 10 S.C.R. 74
the “sentence undergone” criteria, amounted to aberration, and the sentencing is for that reason, flawed – Considering totality of circumstances, appropriate sentence of five years rigorous imprisonment imposed – However, two accused (A-1 and A-6) having served more than that period, the impugned judgment, as far as th…
Supreme Court of India3 Jul 2023Full text
2023 INSC 586 · [2023] 10 S.C.R. 133
judgment of the Single Judge was correct – Held: Division Bench correctly noted that the annual total limit of import of 1.4 Million Metric Tonnes was based on the total production capacity as on 09.10.2018 which had been fixed by Supreme court on the basis of the capacity disclosed by all the calciners – Barring the f…
Supreme Court of India22 Jun 2023Full text
2023 INSC 585 · [2023] 10 S.C.R. 986
Ajay Pal, Mayank Dahiya, Advs. for the Respondent. H 986 DAVINDER SINGH v. STATE OF PUNJAB 987 The Judgment of the Court was delivered by A M. M. SUNDRESH, J. 1. The appellant stood charged and convicted for the offence punishable under Sections 376, 452 and 506 of Indian Penal Code 1860, (hereinafter referred to as IP…
Supreme Court of India21 Jun 2023Full text
2023 INSC 584 · [2023] 10 S.C.R. 977
F Suit – Relief of compassionate appointment sought – Held: Eligibility for compassionate appointment must be as per the applicable scheme – Courts cannot substitute a scheme or add or subtract from the terms thereof in exercise of judicial review – This would also apply to a suit filed seeking the relief of compassion…
Supreme Court of India21 Jun 2023Full text
2023 INSC 583 · [2023] 10 S.C.R. 1
B Evidence – Circumstantial evidence – Held: It is trite law that to convict an accused on the basis of circumstantial evidence, the prosecution must prove beyond reasonable doubt each of the incriminating circumstances on which it proposes to rely; the circumstance(s) relied upon must be of a definite tendency unerrin…
Also on Law on Tips: Bare Acts · Legal news and analysis
Scope and ambit of – Held: POCSO Act was enacted to provide more stringent punishments for the offences of child abuse of various F kinds – Hence, minimum punishments have been prescribed in ss. 4, 6, 8 and 10 for various categories of sexual assaults on children – s. 6 on its plain language, leaves no discretion to th…
Supreme Court of India5 Jul 2023Full text
2023 INSC 600 · [2023] 10 S.C.R. 1001
sustained and is set aside – Constitution of India, 1950 – Art. 226 . Allowing the appeals and dismissing the contempt petitions, the Court HELD: 1.1 It must be noted that forest communities do not only consist of people from recognized Adivasi and other H 1001 1002 SUPREME COURT REPORTS [2023] 10 S.C.R. A backward com…
Supreme Court of India20 Jan 2023Full text
2023 INSC 60 · [2023] 1 S.C.R. 1045
Interpretation of Statutes – Social welfare legislation – Interpretation of – Held: ESI Act being a social welfare legislation, G any interpretation which would lean in favour of the beneficiary should be given – Employees State Insurance Act, 1948. Allowing the appeal, the Court HELD: Prior to insertion of Sub-section…
Supreme Court of India3 Jan 2023Full text
2023 INSC 6 · [2023] 6 S.C.R. 572
572 K C CINEMA (CORRECT NAME K C THEATRE) v. STATE OF JAMMU 573 AND KASHMIR Contract – Unfair and unreasonable contract/clause in a A contract – Test laid down in Central Inland Water Transport Corpn. case – Held: When one party has unequal bargaining power relative to the other party, any terms and conditions which ar…
Supreme Court of India5 Jul 2023Full text
2023 INSC 599 · [2023] 10 S.C.R. 1021
Evidence – Testimony of Child Witness – Corroboration of – Held: Corroboration of the testimony of a child witness is not a rule G but a measure of caution and prudence – A child witness of tender age is easily susceptible to tutoring – However, that by itself is no ground to reject the evidence of a child witness – Co…
Supreme Court of India4 Jul 2023Full text
2023 INSC 598 · [2023] 10 S.C.R. 83
Allowing the appeals, the Court B HELD : 1. The ground on which renewal of insurance policy to the appellant is sought to be refused is that while taking the initial policy, the appellant had failed to disclose that his wife (now deceased) was suffering from rheumatic heart disease. Though she expired of cancer. The fa…
Supreme Court of India4 Jul 2023Full text
2023 INSC 597 · [2023] 9 S.C.R. 1182
E Allowing the appeal, the Court HELD: 1.1 Any physical disability resulting from an accident has to be judged with reference to the nature of the work being performed by the person who suffered disability. The same injury suffered by two different persons may affect them in different F ways. Loss of leg by a farmer or…
Supreme Court of India4 Jul 2023Full text
2023 INSC 596 · [2023] 9 S.C.R. 1165
[2023] 9 S.C.R. 1165 : 2023 INSC 596 1165 RAMESH KUMAR A v. THE STATE OF NCT OF DELHI (Criminal Appeal No. 1741 of 2023) JULY 04, 2023 B [S. RAVINDRA BHAT AND DIPANKAR DATTA, JJ.] Code of Criminal Procedure, 1973 – s.438 – Anticipatory Bail – Payment of amount as a condition precedent for grant of bail – Legality of – …
Supreme Court of India4 Jul 2023Full text
2023 INSC 594 · [2023] 10 S.C.R. 126
Code of Civil Procedure, 1908 – O.41, r.22 – Held: In cases where the decree is partly in favour of the respondent, but is also partly against the respondent, two remedies within O.41, r.22 remain with the respondent, to file their cross objections and to support the G decree in whole – The third remedy in law is the r…
Supreme Court of India4 Jul 2023Full text
2023 INSC 593 · [2023] 10 S.C.R. 372
E Dismissing the appeal, the Court HELD: The condition of right to repurchase in sale deed will not be personal to the vendor unless the terms in the documents specifically state so. Such a right can always be F assigned and the contract containing such condition shall be enforceable. The only exception being that such…
Supreme Court of India4 Jul 2023Full text
2023 INSC 592 · [2023] 10 S.C.R. 95
– Thus, the appellants not entitled to receive any compensation – No infirmity found in the impugned order – Motor Vehicles Act, 1988. Dismissing the appeal, the Court HELD: 1.1 In the evidence led by the appellant no.1, she F admitted in her cross–examination that the owner of the vehicle was brother of her husband. I…
Supreme Court of India4 Jul 2023Full text
2023 INSC 591 · [2023] 9 S.C.R. 1286
1288 SUPREME COURT REPORTS [2023] 9 S.C.R. A The mere fact that the oral arguments are supported by findings of the adjudicating authority, which is not the order impugned before this Court, does not entitle the Revenue to resurrect a point which though made at the original stage, was never pressed before the tribunal …
Supreme Court of India4 Jul 2023Full text
2023 INSC 590 · [2023] 10 S.C.R. 101
[2023] 10 S.C.R. 101 : 2023 INSC 590 101 SANTHOSH MAIZE & INDUSTRIES LIMITED A v. THE STATE OF TAMIL NADU & ANR. (Civil Appeal No. 5731 of 2009) JULY 04, 2023 B [S. RAVINDRA BHAT AND DIPANKAR DATTA, JJ.] Tamil Nadu General Sales Tax Act, 1959 – TNGST (Amendment) Act, 1993 (Act No. 24 of 1993) – TNGST (Second Amendment)…
Supreme Court of India3 Jul 2023Full text
2023 INSC 588 · [2023] 10 S.C.R. 117
closed long prior to issuance of the orders of ‘reinstatement’ and ‘absorption’ – In effect, the management of FCI chose to acquiesce with and accept the Award passed by the Tribunal in its entirety, though it made such compliance subject to the result of the writ petition – Having allowed the workmen to put in regular…
Supreme Court of India3 Jul 2023Full text
2023 INSC 587 · [2023] 10 S.C.R. 74
the “sentence undergone” criteria, amounted to aberration, and the sentencing is for that reason, flawed – Considering totality of circumstances, appropriate sentence of five years rigorous imprisonment imposed – However, two accused (A-1 and A-6) having served more than that period, the impugned judgment, as far as th…
Supreme Court of India3 Jul 2023Full text
2023 INSC 586 · [2023] 10 S.C.R. 133
judgment of the Single Judge was correct – Held: Division Bench correctly noted that the annual total limit of import of 1.4 Million Metric Tonnes was based on the total production capacity as on 09.10.2018 which had been fixed by Supreme court on the basis of the capacity disclosed by all the calciners – Barring the f…
Supreme Court of India22 Jun 2023Full text
2023 INSC 585 · [2023] 10 S.C.R. 986
Ajay Pal, Mayank Dahiya, Advs. for the Respondent. H 986 DAVINDER SINGH v. STATE OF PUNJAB 987 The Judgment of the Court was delivered by A M. M. SUNDRESH, J. 1. The appellant stood charged and convicted for the offence punishable under Sections 376, 452 and 506 of Indian Penal Code 1860, (hereinafter referred to as IP…
Supreme Court of India21 Jun 2023Full text
2023 INSC 584 · [2023] 10 S.C.R. 977
F Suit – Relief of compassionate appointment sought – Held: Eligibility for compassionate appointment must be as per the applicable scheme – Courts cannot substitute a scheme or add or subtract from the terms thereof in exercise of judicial review – This would also apply to a suit filed seeking the relief of compassion…
Supreme Court of India21 Jun 2023Full text
2023 INSC 583 · [2023] 10 S.C.R. 1
B Evidence – Circumstantial evidence – Held: It is trite law that to convict an accused on the basis of circumstantial evidence, the prosecution must prove beyond reasonable doubt each of the incriminating circumstances on which it proposes to rely; the circumstance(s) relied upon must be of a definite tendency unerrin…
Also on Law on Tips: Bare Acts · Legal news and analysis