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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.
2,301–2,320 · Page 116 of 500
Supreme Court of India15 Jun 2023Full text
2023 INSC 582 · [2023] 8 S.C.R. 243
[2023] 8 S.C.R. 243 243 HASMUKHLAL MADHAVLAL PATEL AND ANR. A v. AMBIKA FOOD PRODUCTS PVT. LTD. AND ORS. (Civil Appeal No. 8194 of 2018) JUNE 15, 2023 B [K. M. JOSEPH AND B. V. NAGARATHNA, JJ.] Companies Act, 1956 – s. 2(32), 81, 81(1A), 81(3), 397, 398 – Companies Act, 1913 – s. 105-C – First respondent is a private l…
Supreme Court of India15 Jun 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.
2,301–2,320 · Page 116 of 500
Supreme Court of India15 Jun 2023Full text
2023 INSC 582 · [2023] 8 S.C.R. 243
[2023] 8 S.C.R. 243 243 HASMUKHLAL MADHAVLAL PATEL AND ANR. A v. AMBIKA FOOD PRODUCTS PVT. LTD. AND ORS. (Civil Appeal No. 8194 of 2018) JUNE 15, 2023 B [K. M. JOSEPH AND B. V. NAGARATHNA, JJ.] Companies Act, 1956 – s. 2(32), 81, 81(1A), 81(3), 397, 398 – Companies Act, 1913 – s. 105-C – First respondent is a private l…
Supreme Court of India15 Jun 2023Full text
2023 INSC 581 · [2023] 8 S.C.R. 283
the fray by purchasing portions of the preliminary decree and seeking to execute them through Court, defeating the rights of third parties, is what has prompted the Division Bench of the High Court to hold that the preliminary decree is vitiated by fraud – What was a simple suit for partition; and the incidental findin…
Supreme Court of India15 Jun 2023Full text
2023 INSC 580 · [2023] 7 S.C.R. 827
Competition Act, 2002: ss. 2(r), 2(s), 2(t), 3, 4, 19 – Anti Competitive Agreements – Abuse of Dominant Position – Historical Background of the Act – Scheme and Provisions of the Act – Discussed. G Competition Act, 2002: ss. 18, 26, 27, 33, 36 and 41 – Competition Commission of India – Director General – Power and Duti…
Supreme Court of India19 Jan 2023Full text
2023 INSC 58 · [2023] 1 S.C.R. 949
case of termination/removal of an employee of a recognized institution after holding departmental enquiry/proceedings prior approval of the Director of Education has to be obtained as per first proviso to s.18 of the Act, 1989 – The impugned judgment and order passed by the Division Bench of the High Court restoring th…
Supreme Court of India14 Jun 2023Full text
2023 INSC 578 · [2023] 7 S.C.R. 403
the appellant was retired – Thereafter, in a petition, the Single Judge of the High Court held that the Director General of Police could not have passed the said order, as it amounted to a review of an order passed by his predecessor-in-office – Division Bench set aside the order holding that the order passed by the DG…
Supreme Court of India2 Jun 2023Full text
2023 INSC 576 · [2023] 7 S.C.R. 642
unknown person – Complainant and his wife described the manner of assault inflicted by ‘D’ and the appellant and the utterances used by them touching the caste of the complainant and his wife – It is not that involvement of the appellant in the crime was referred to for the first time in the court – Thus, though, the a…
Supreme Court of India19 May 2023Full text
2023 INSC 574 · [2023] 6 S.C.R. 695
695 696 SUPREME COURT REPORTS [2023] 6 S.C.R. A Constitution of India – Exercise of power of judicial review in matters as to tenders or award of contracts – Special features to be borne in mind – Discussed. Silppi Constructions Contractors v. Union of India (2020) 16 SCC 489 : [2019] 10 SCR 932; Association B of Regis…
Supreme Court of India19 May 2023Full text
2023 INSC 572 · [2023] 7 S.C.R. 322
322 SUPREME COURT[2023]REPORTS7 S.C.R. 322 [2023] 7 S.C.R. A CENTRAL GST DELHI - III v. DELHI INTERNATIONAL AIRPORT LTD (Civil Appeal No. 8996 of 2019) B MAY 19, 2023 [S. RAVINDRA BHAT AND DIPANKAR DATTA, JJ.] Airports Authority of India Act, 1994: ss. 22, 22A – Finance Act, 1994 – ss. 67 and 68 (1) –User development f…
Supreme Court of India19 May 2023Full text
2023 INSC 571 · [2023] 6 S.C.R. 546
Representation of the People Act, 1951 – Material Facts – Requirement of stating, non-compliance with – Effect of – Held: G The material facts are the primary facts which must be proved on trial by a party to establish the existence of a cause of action – Non-compliance with the requirement of stating material facts mu…
Supreme Court of India19 Jan 2023Full text
2023 INSC 57 · [2023] 1 S.C.R. 991
[2023] 1 S.C.R. 991 991 M/S ALPINE HOUSING DEVELOPMENT CORPORATION A PVT. LTD. v. ASHOK S DHARIWAL AND OTHERS (Civil Appeal No. 73 of 2023) B JANUARY 19, 2023 [M. R. SHAH AND C. T. RAVIKUMAR, JJ.] Arbitration & Conciliation Act, 1996 – s.34(2)(a) – Prior and post 2019 Amendment – Whether the applicant can be permitted …
Supreme Court of India19 May 2023Full text
2023 INSC 569 · [2023] 6 S.C.R. 643
[2023] 6 S.C.R. 643 643 RAMESH CHANDRA VAISHYA A v. THE STATE OF UTTAR PRADESH & ANR. (Criminal Appeal No. 1617 of 2023) MAY 19, 2023 B [S. RAVINDRA BHAT AND DIPANKAR DATTA, JJ.] Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – ss. 3(1)(x), 18 – Penal Code, 1860 – ss. 323, 325, 392, 452,…
Supreme Court of India19 May 2023Full text
2023 INSC 568 · [2023] 6 S.C.R. 717
PAMIDIGHANTAM SRI NARASIMHA, J. C 1. This is an application under Section 11(6) of the Arbitration and Conciliation Act, 19961 for the appointment of a Sole Arbitrator by Glock Asia-Pacific Ltd.2 2. Facts: The Ministry of Home Affairs (Procurement Division)3 floated a single party tender on 02.02.2011 for supply of 31,…
Supreme Court of India19 May 2023Full text
2023 INSC 567 · [2023] 10 S.C.R. 427
Secretary, State of Karnataka vs Umadevi (2006) 4 SCC 1 : [2006] 3 SCR 953 – held inapplicable. E UP SEB vs Pooran Chandra Pandey (2007) 11 SCC 92 : [2007] 10 SCR 920 – relied on. Surjeet Singh Sahni vs State of U.P. & Ors. 2022 SCC OnLine SC 249; Union of India v. Vartak Labour Union (2011) 4 SCC 200: [2011] 4 SCR 509…
Supreme Court of India19 May 2023Full text
2023 INSC 566 · [2023] 10 S.C.R. 1133
Further, unchallenged statement of the wife of the deceased that he was earning Rs.6,000/- per month, accepted – Appellants entitled to compensation of Rs.6,64,110/- with interest @ 12% p.a. from one month from the date of accident till date of payment excluding the amount already paid/deposited by the first respondent…
Supreme Court of India19 May 2023Full text
2023 INSC 564 · [2023] 7 S.C.R. 26
Judiciary – District Judiciary – Principles evolved for judicial pay, pension and allowances – Held: A unified judiciary requires uniform designations and service conditions of judicial officers across the country – Judges are not employees of the State but are H 26 ALL INDIA JUDGES ASSOCIATION v. UNION OF INDIA 27 hol…
Supreme Court of India19 May 2023Full text
2023 INSC 561 · [2023] 8 S.C.R. 152
E Criminal Law– Whether non-recording of the disclosure statement of the appellant in the language in which it was made and recording it in a language totally unknown to the appellant, contents whereof were also not read over and explained to him, can be said to have caused any prejudice to the cause of justice? – Held…
Supreme Court of India19 May 2023Full text
2023 INSC 560 · [2023] 9 S.C.R. 637
ensure the supply of electricity to all areas – The Supply Conditions providing for recoupment of electricity dues of a previous consumer from a new owner are necessary to recover the costs incurred for laying down the infrastructure as well as the ongoing current liabilities towards the electricity generation and tran…
Supreme Court of India18 May 2023Full text
2023 INSC 559 · [2023] 9 S.C.R. 583
Placing the matter before Hon'ble CJI for constitution of B appropriate Bench, the Court Per AJAY RASTOGI, J. HELD : 1. It is true that the general rule is that while participating in the recruitment process, the person must possess the eligibility qualification on the last date fixed for such purpose C unless there is…
Supreme Court of India18 May 2023Full text
2023 INSC 558 · [2023] 7 S.C.R. 311
– s.4 – Delhi Lands (Restrictions on Transfer) Act, 1972 – s.8 – F Land Acquisition. Allowing the appeal, the Court HELD: 1.1 The process of acquisition of land in question started with the issuance of notification of Section 4 of the 1894 GAct on 25.11.1980. Subsequently, notification under Section 6 was issued on 27.…
Supreme Court of India18 May 2023Full text
2023 INSC 557 · [2023] 6 S.C.R. 563
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal D No.1578 of 2023. From the Judgment and Order dated 20.01.2023 of the High Court of Orissa at Cuttack in BLAPL No.6803 of 2022. Hitendra Nath Rath, Dr. J. Prasangi, R. Sreeramulu, Rajiv Kapoor, EVikas Sinha, Advs. for the Appellant. Ms. Samapika Biswal, Adv. for the Re…
Also on Law on Tips: Bare Acts · Legal news and analysis
2023 INSC 581 · [2023] 8 S.C.R. 283
the fray by purchasing portions of the preliminary decree and seeking to execute them through Court, defeating the rights of third parties, is what has prompted the Division Bench of the High Court to hold that the preliminary decree is vitiated by fraud – What was a simple suit for partition; and the incidental findin…
Supreme Court of India15 Jun 2023Full text
2023 INSC 580 · [2023] 7 S.C.R. 827
Competition Act, 2002: ss. 2(r), 2(s), 2(t), 3, 4, 19 – Anti Competitive Agreements – Abuse of Dominant Position – Historical Background of the Act – Scheme and Provisions of the Act – Discussed. G Competition Act, 2002: ss. 18, 26, 27, 33, 36 and 41 – Competition Commission of India – Director General – Power and Duti…
Supreme Court of India19 Jan 2023Full text
2023 INSC 58 · [2023] 1 S.C.R. 949
case of termination/removal of an employee of a recognized institution after holding departmental enquiry/proceedings prior approval of the Director of Education has to be obtained as per first proviso to s.18 of the Act, 1989 – The impugned judgment and order passed by the Division Bench of the High Court restoring th…
Supreme Court of India14 Jun 2023Full text
2023 INSC 578 · [2023] 7 S.C.R. 403
the appellant was retired – Thereafter, in a petition, the Single Judge of the High Court held that the Director General of Police could not have passed the said order, as it amounted to a review of an order passed by his predecessor-in-office – Division Bench set aside the order holding that the order passed by the DG…
Supreme Court of India2 Jun 2023Full text
2023 INSC 576 · [2023] 7 S.C.R. 642
unknown person – Complainant and his wife described the manner of assault inflicted by ‘D’ and the appellant and the utterances used by them touching the caste of the complainant and his wife – It is not that involvement of the appellant in the crime was referred to for the first time in the court – Thus, though, the a…
Supreme Court of India19 May 2023Full text
2023 INSC 574 · [2023] 6 S.C.R. 695
695 696 SUPREME COURT REPORTS [2023] 6 S.C.R. A Constitution of India – Exercise of power of judicial review in matters as to tenders or award of contracts – Special features to be borne in mind – Discussed. Silppi Constructions Contractors v. Union of India (2020) 16 SCC 489 : [2019] 10 SCR 932; Association B of Regis…
Supreme Court of India19 May 2023Full text
2023 INSC 572 · [2023] 7 S.C.R. 322
322 SUPREME COURT[2023]REPORTS7 S.C.R. 322 [2023] 7 S.C.R. A CENTRAL GST DELHI - III v. DELHI INTERNATIONAL AIRPORT LTD (Civil Appeal No. 8996 of 2019) B MAY 19, 2023 [S. RAVINDRA BHAT AND DIPANKAR DATTA, JJ.] Airports Authority of India Act, 1994: ss. 22, 22A – Finance Act, 1994 – ss. 67 and 68 (1) –User development f…
Supreme Court of India19 May 2023Full text
2023 INSC 571 · [2023] 6 S.C.R. 546
Representation of the People Act, 1951 – Material Facts – Requirement of stating, non-compliance with – Effect of – Held: G The material facts are the primary facts which must be proved on trial by a party to establish the existence of a cause of action – Non-compliance with the requirement of stating material facts mu…
Supreme Court of India19 Jan 2023Full text
2023 INSC 57 · [2023] 1 S.C.R. 991
[2023] 1 S.C.R. 991 991 M/S ALPINE HOUSING DEVELOPMENT CORPORATION A PVT. LTD. v. ASHOK S DHARIWAL AND OTHERS (Civil Appeal No. 73 of 2023) B JANUARY 19, 2023 [M. R. SHAH AND C. T. RAVIKUMAR, JJ.] Arbitration & Conciliation Act, 1996 – s.34(2)(a) – Prior and post 2019 Amendment – Whether the applicant can be permitted …
Supreme Court of India19 May 2023Full text
2023 INSC 569 · [2023] 6 S.C.R. 643
[2023] 6 S.C.R. 643 643 RAMESH CHANDRA VAISHYA A v. THE STATE OF UTTAR PRADESH & ANR. (Criminal Appeal No. 1617 of 2023) MAY 19, 2023 B [S. RAVINDRA BHAT AND DIPANKAR DATTA, JJ.] Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – ss. 3(1)(x), 18 – Penal Code, 1860 – ss. 323, 325, 392, 452,…
Supreme Court of India19 May 2023Full text
2023 INSC 568 · [2023] 6 S.C.R. 717
PAMIDIGHANTAM SRI NARASIMHA, J. C 1. This is an application under Section 11(6) of the Arbitration and Conciliation Act, 19961 for the appointment of a Sole Arbitrator by Glock Asia-Pacific Ltd.2 2. Facts: The Ministry of Home Affairs (Procurement Division)3 floated a single party tender on 02.02.2011 for supply of 31,…
Supreme Court of India19 May 2023Full text
2023 INSC 567 · [2023] 10 S.C.R. 427
Secretary, State of Karnataka vs Umadevi (2006) 4 SCC 1 : [2006] 3 SCR 953 – held inapplicable. E UP SEB vs Pooran Chandra Pandey (2007) 11 SCC 92 : [2007] 10 SCR 920 – relied on. Surjeet Singh Sahni vs State of U.P. & Ors. 2022 SCC OnLine SC 249; Union of India v. Vartak Labour Union (2011) 4 SCC 200: [2011] 4 SCR 509…
Supreme Court of India19 May 2023Full text
2023 INSC 566 · [2023] 10 S.C.R. 1133
Further, unchallenged statement of the wife of the deceased that he was earning Rs.6,000/- per month, accepted – Appellants entitled to compensation of Rs.6,64,110/- with interest @ 12% p.a. from one month from the date of accident till date of payment excluding the amount already paid/deposited by the first respondent…
Supreme Court of India19 May 2023Full text
2023 INSC 564 · [2023] 7 S.C.R. 26
Judiciary – District Judiciary – Principles evolved for judicial pay, pension and allowances – Held: A unified judiciary requires uniform designations and service conditions of judicial officers across the country – Judges are not employees of the State but are H 26 ALL INDIA JUDGES ASSOCIATION v. UNION OF INDIA 27 hol…
Supreme Court of India19 May 2023Full text
2023 INSC 561 · [2023] 8 S.C.R. 152
E Criminal Law– Whether non-recording of the disclosure statement of the appellant in the language in which it was made and recording it in a language totally unknown to the appellant, contents whereof were also not read over and explained to him, can be said to have caused any prejudice to the cause of justice? – Held…
Supreme Court of India19 May 2023Full text
2023 INSC 560 · [2023] 9 S.C.R. 637
ensure the supply of electricity to all areas – The Supply Conditions providing for recoupment of electricity dues of a previous consumer from a new owner are necessary to recover the costs incurred for laying down the infrastructure as well as the ongoing current liabilities towards the electricity generation and tran…
Supreme Court of India18 May 2023Full text
2023 INSC 559 · [2023] 9 S.C.R. 583
Placing the matter before Hon'ble CJI for constitution of B appropriate Bench, the Court Per AJAY RASTOGI, J. HELD : 1. It is true that the general rule is that while participating in the recruitment process, the person must possess the eligibility qualification on the last date fixed for such purpose C unless there is…
Supreme Court of India18 May 2023Full text
2023 INSC 558 · [2023] 7 S.C.R. 311
– s.4 – Delhi Lands (Restrictions on Transfer) Act, 1972 – s.8 – F Land Acquisition. Allowing the appeal, the Court HELD: 1.1 The process of acquisition of land in question started with the issuance of notification of Section 4 of the 1894 GAct on 25.11.1980. Subsequently, notification under Section 6 was issued on 27.…
Supreme Court of India18 May 2023Full text
2023 INSC 557 · [2023] 6 S.C.R. 563
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal D No.1578 of 2023. From the Judgment and Order dated 20.01.2023 of the High Court of Orissa at Cuttack in BLAPL No.6803 of 2022. Hitendra Nath Rath, Dr. J. Prasangi, R. Sreeramulu, Rajiv Kapoor, EVikas Sinha, Advs. for the Appellant. Ms. Samapika Biswal, Adv. for the Re…
Also on Law on Tips: Bare Acts · Legal news and analysis