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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.
2,341–2,360 · Page 118 of 500
Supreme Court of India12 May 2023Full text
2023 INSC 532 · [2023] 5 S.C.R. 416
C M. R. SHAH, J. 1. By way of this writ petition under Article 32 of the Constitution of India, the writ petitioners have prayed for an appropriate writ, direction or order to declare the Select List dated 10.03.2023 issued by the High Court of Gujarat at Ahmedabad for the promotion of Senior Civil Judges to the Cadre …
Supreme Court of India12 May 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.
2,341–2,360 · Page 118 of 500
Supreme Court of India12 May 2023Full text
2023 INSC 532 · [2023] 5 S.C.R. 416
C M. R. SHAH, J. 1. By way of this writ petition under Article 32 of the Constitution of India, the writ petitioners have prayed for an appropriate writ, direction or order to declare the Select List dated 10.03.2023 issued by the High Court of Gujarat at Ahmedabad for the promotion of Senior Civil Judges to the Cadre …
Supreme Court of India12 May 2023Full text
2023 INSC 531 · [2023] 5 S.C.R. 410
Criminal Appeal no.1402 of 2023. H 410 DIRECTORATE OF ENFORCEMENT v. ADITYA TRIPATHI 411 K. M. Nataraj, A.S.G., Mukesh Kumar Maroria, Mukul Singh, A S.A. Haseeb, Mrs. Deepavali Dutta, Rajan Kumar Chourasia, Zoheb Hussain, Kannu Agarwal, Sarath Nambiar, Advs. for the Appellant. Rakesh Khanna, Aman Lekhi, Sr. Advs., Sant…
Supreme Court of India12 May 2023Full text
2023 INSC 530 · [2023] 8 S.C.R. 828
Directorate of Film Festivals & Ors. v. Gaurav Ashwin Jain & Ors. (2007) 4 SCC 737 : [2007] 5 SCR 7 – E referred to. Sub-Committee on Judicial Accountability v. Union of India and Ors. (1991) 4 SCC 699 : [1991] 2 Suppl. SCR 1 – followed. State Of Kerala & Ors. v. K.G. Madhavan Pillai & Ors. F (1988) 4 SCC 669 : [1988] …
Supreme Court of India12 May 2023Full text
2023 INSC 528 · [2023] 5 S.C.R. 401
– Matter remitted back to the High Court. G Allowing the appeals, the Court HELD: 1. As per the settled position of law, pre-referral jurisdiction of the court under Section 11(6) of the Arbitration Act is very narrow and inheres two inquiries. The primary inquiry is about the existence and the validity of an arbitrati…
Supreme Court of India12 May 2023Full text
2023 INSC 527 · [2023] 7 S.C.R. 772
dismissed – On appeal, held: It is an admitted position that the inquiry proceedings were aborted at the initial stage itself and it was the Report of the Committee submitted earlier, that was acted upon by the EC – The Committee itself was unclear as to the scope of its inquiry, the appellant cannot be blamed for harb…
Supreme Court of India12 May 2023Full text
2023 INSC 526 · [2023] 5 S.C.R. 772
“in the interest of the security of the State” to hold an inquiry warrants no further scrutiny, rather, it is not fit to be subjected to further judicial review – Having regard to appellant’s role as high profile scientist in ISRO and the role of ISRO as the space agency of India, the appellant’s unauthorized absence, …
Supreme Court of India12 May 2023Full text
2023 INSC 525 · [2023] 6 S.C.R. 1115
1116 SUPREME COURT REPORTS [2023] 6 S.C.R. A similar to those manufactured within the country and its likely adverse impact on such manufacturers or producers, is germane and relevant – No mala fides or oblique considerations were pleaded or urged – The exercise of power was in line with the provisions of the Act – Imp…
Supreme Court of India12 May 2023Full text
2023 INSC 524 · [2023] 5 S.C.R. 434
*Indira Jaising v. Supreme Court of India through Secretary General and Others, (2017) 9 SCC 766 : [2017] 10 SCR 478 – relied on. Case Law Reference G [2017] 10 SCR 478 relied on Para 9 CIVIL ORIGINAL JURISDICTION: M.A. Nos. 709/2022, 1502/ 2020; IA Nos. 58694/2022, 74393/2020, 75687/2021 in Writ Petition (C) No. 454 O…
Supreme Court of India11 May 2023Full text
2023 INSC 520 · [2023] 5 S.C.R. 754
Code of Criminal Procedure, 1973 – s.313(5)– Benefit of – Assistance of Prosecutor and Defence Counsel in preparing relevant questions–Held: While recording the statement F u/s.313, in cases involving large number of prosecution witnesses, Judicial Officers advised to take benefit of s.313(5) which will ensure that the…
Supreme Court of India11 May 2023Full text
2023 INSC 519 · [2023] 4 S.C.R. 939
filed against accused u/ss.376, 506, IPC; POCSO Act, SCST Act and IT Act –FSL Report was forwarded to the appellant-Inspectorwith a note that DNA examination as per guidelines be undertaken however, the DNA examination was not carried out – In the meantime, the accused filed his bail plea – High Courtcalled for the cas…
Supreme Court of India11 May 2023Full text
2023 INSC 518 · [2023] 6 S.C.R. 831
– Lease amount was finally deposited by the appellants on 18.02.2021 – Respondent no.1 then filed application before the Revenue Court, seeking eviction of the appellants – Revenue Court allowed the same vide order dated 03.12.2021, on the ground that the appellants did not deposit the lease rent amount within two mont…
Supreme Court of India11 May 2023Full text
2023 INSC 517 · [2023] 9 S.C.R. 493
NCT of Delhi” – On appeal being filed, two judge bench of this court delivered a split verdict – Hence, the question came for consideration before the Constitution Bench – Held: The references to “State Government” in relevant Rules of All India Services or Joint Cadre Services, of which National Capital Territory of D…
Supreme Court of India11 May 2023Full text
2023 INSC 516 · [2023] 8 S.C.R. 857
[2023] 8 S.C.R. 857 857 SUBHASH DESAI A v. PRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA & ORS. (Writ Petition (C) No. 493 of 2022) B MAY 11, 2023 [DR. DHANANJAYA Y CHANDRACHUD, CJI, M. R. SHAH, KRISHNA MURARI, HIMA KOHLI AND PAMIDIGHANTAM SRI NARASIMHA, JJ.] C Constitution of India: Art.191(2) – Maharashtra Legislative…
Supreme Court of India10 May 2023Full text
2023 INSC 514 · [2023] 8 S.C.R. 379
the Courts u/ss. 34 or 37 as if dealing with an appeal or revision against a decision of any subordinate Court – An award could be said to be suffering from “patent illegality” only if it is an illegality apparent on the face of the award and not to be searched out by way of re-appreciation of evidence – Possibility of…
Supreme Court of India10 May 2023Full text
2023 INSC 512 · [2023] 5 S.C.R. 372
372 SUPREME COURT[2023]REPORTS5 S.C.R. 372 [2023] 5 S.C.R. A ADIVASIS FOR SOCIAL AND HUMAN RIGHTS ACTION v. UNION OF INDIA & ORS. (Civil Appeal No. 2202 of 2012) B MAY 10, 2023 [ABHAY S. OKA AND RAJESH BINDAL, JJ.] Constitution of India, 1950 : 5th Schedule – Power of Governor under – Application of Central and the Sta…
Supreme Court of India10 May 2023Full text
2023 INSC 511 · [2023] 5 S.C.R. 354
Code of Criminal Procedure, 1973 – s.482 – Quashing of F FIR – Scope of – Discussed. Code of Criminal Procedure, 1973 – s.482 – Quashing of FIR under special statute – Held: The mere fact that the offence is covered under a ‘special statute’ would not inhibit Supreme Court or the High Court from exercising their respec…
Supreme Court of India9 May 2023Full text
2023 INSC 510 · [2023] 7 S.C.R. 939
that the Industrial Purposes Act was not liable to be invalidated on the grounds of arbitrariness and violation of Article 14 of the Constitution – The question arose was as to the locus standi of the appellants, who admittedly purchased their lands after the initiation of land acquisition proceedings, to maintain a ch…
Supreme Court of India18 Jan 2023Full text
2023 INSC 51 · [2023] 1 S.C.R. 809
809 810 SUPREME COURT REPORTS [2023] 1 S.C.R. A on basis of the evidence on record, relying on the preponderance of probability, came to the conclusion that the plaintiff had the financial ability to lend sum of Rs.3 lakhs – As the appellant’s wife was not examined as witness, the High Court found that the best availab…
Supreme Court of India9 May 2023Full text
2023 INSC 509 · [2023] 6 S.C.R. 565
– Therefore, the condition imposed upon the appellant to furnish a bank guarantee by the Courts below is not sustainable and is set aside – Orders impugned modified – Appellant permitted to withdraw G the amount along with 4% simple interest. CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.1434 of 2023. From the J…
Supreme Court of India9 May 2023Full text
2023 INSC 508 · [2023] 5 S.C.R. 327
[2023] 5 S.C.R. 327 327 M/S. SHREE VISHNU CONSTRUCTIONS A v. THE ENGINEER IN CHIEF MILITARY ENGINEERING SERVICE & ORS. (Civil Appeal No. 3461 of 2023) B MAY 09, 2023 [M. R. SHAH AND C. T. RAVIKUMAR, JJ.] Arbitration and Conciliation (Amendment) Act, 2015 – s.26 – Applicability of Amendment Act, 2015– Whether the provis…
Also on Law on Tips: Bare Acts · Legal news and analysis
2023 INSC 531 · [2023] 5 S.C.R. 410
Criminal Appeal no.1402 of 2023. H 410 DIRECTORATE OF ENFORCEMENT v. ADITYA TRIPATHI 411 K. M. Nataraj, A.S.G., Mukesh Kumar Maroria, Mukul Singh, A S.A. Haseeb, Mrs. Deepavali Dutta, Rajan Kumar Chourasia, Zoheb Hussain, Kannu Agarwal, Sarath Nambiar, Advs. for the Appellant. Rakesh Khanna, Aman Lekhi, Sr. Advs., Sant…
Supreme Court of India12 May 2023Full text
2023 INSC 530 · [2023] 8 S.C.R. 828
Directorate of Film Festivals & Ors. v. Gaurav Ashwin Jain & Ors. (2007) 4 SCC 737 : [2007] 5 SCR 7 – E referred to. Sub-Committee on Judicial Accountability v. Union of India and Ors. (1991) 4 SCC 699 : [1991] 2 Suppl. SCR 1 – followed. State Of Kerala & Ors. v. K.G. Madhavan Pillai & Ors. F (1988) 4 SCC 669 : [1988] …
Supreme Court of India12 May 2023Full text
2023 INSC 528 · [2023] 5 S.C.R. 401
– Matter remitted back to the High Court. G Allowing the appeals, the Court HELD: 1. As per the settled position of law, pre-referral jurisdiction of the court under Section 11(6) of the Arbitration Act is very narrow and inheres two inquiries. The primary inquiry is about the existence and the validity of an arbitrati…
Supreme Court of India12 May 2023Full text
2023 INSC 527 · [2023] 7 S.C.R. 772
dismissed – On appeal, held: It is an admitted position that the inquiry proceedings were aborted at the initial stage itself and it was the Report of the Committee submitted earlier, that was acted upon by the EC – The Committee itself was unclear as to the scope of its inquiry, the appellant cannot be blamed for harb…
Supreme Court of India12 May 2023Full text
2023 INSC 526 · [2023] 5 S.C.R. 772
“in the interest of the security of the State” to hold an inquiry warrants no further scrutiny, rather, it is not fit to be subjected to further judicial review – Having regard to appellant’s role as high profile scientist in ISRO and the role of ISRO as the space agency of India, the appellant’s unauthorized absence, …
Supreme Court of India12 May 2023Full text
2023 INSC 525 · [2023] 6 S.C.R. 1115
1116 SUPREME COURT REPORTS [2023] 6 S.C.R. A similar to those manufactured within the country and its likely adverse impact on such manufacturers or producers, is germane and relevant – No mala fides or oblique considerations were pleaded or urged – The exercise of power was in line with the provisions of the Act – Imp…
Supreme Court of India12 May 2023Full text
2023 INSC 524 · [2023] 5 S.C.R. 434
*Indira Jaising v. Supreme Court of India through Secretary General and Others, (2017) 9 SCC 766 : [2017] 10 SCR 478 – relied on. Case Law Reference G [2017] 10 SCR 478 relied on Para 9 CIVIL ORIGINAL JURISDICTION: M.A. Nos. 709/2022, 1502/ 2020; IA Nos. 58694/2022, 74393/2020, 75687/2021 in Writ Petition (C) No. 454 O…
Supreme Court of India11 May 2023Full text
2023 INSC 520 · [2023] 5 S.C.R. 754
Code of Criminal Procedure, 1973 – s.313(5)– Benefit of – Assistance of Prosecutor and Defence Counsel in preparing relevant questions–Held: While recording the statement F u/s.313, in cases involving large number of prosecution witnesses, Judicial Officers advised to take benefit of s.313(5) which will ensure that the…
Supreme Court of India11 May 2023Full text
2023 INSC 519 · [2023] 4 S.C.R. 939
filed against accused u/ss.376, 506, IPC; POCSO Act, SCST Act and IT Act –FSL Report was forwarded to the appellant-Inspectorwith a note that DNA examination as per guidelines be undertaken however, the DNA examination was not carried out – In the meantime, the accused filed his bail plea – High Courtcalled for the cas…
Supreme Court of India11 May 2023Full text
2023 INSC 518 · [2023] 6 S.C.R. 831
– Lease amount was finally deposited by the appellants on 18.02.2021 – Respondent no.1 then filed application before the Revenue Court, seeking eviction of the appellants – Revenue Court allowed the same vide order dated 03.12.2021, on the ground that the appellants did not deposit the lease rent amount within two mont…
Supreme Court of India11 May 2023Full text
2023 INSC 517 · [2023] 9 S.C.R. 493
NCT of Delhi” – On appeal being filed, two judge bench of this court delivered a split verdict – Hence, the question came for consideration before the Constitution Bench – Held: The references to “State Government” in relevant Rules of All India Services or Joint Cadre Services, of which National Capital Territory of D…
Supreme Court of India11 May 2023Full text
2023 INSC 516 · [2023] 8 S.C.R. 857
[2023] 8 S.C.R. 857 857 SUBHASH DESAI A v. PRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA & ORS. (Writ Petition (C) No. 493 of 2022) B MAY 11, 2023 [DR. DHANANJAYA Y CHANDRACHUD, CJI, M. R. SHAH, KRISHNA MURARI, HIMA KOHLI AND PAMIDIGHANTAM SRI NARASIMHA, JJ.] C Constitution of India: Art.191(2) – Maharashtra Legislative…
Supreme Court of India10 May 2023Full text
2023 INSC 514 · [2023] 8 S.C.R. 379
the Courts u/ss. 34 or 37 as if dealing with an appeal or revision against a decision of any subordinate Court – An award could be said to be suffering from “patent illegality” only if it is an illegality apparent on the face of the award and not to be searched out by way of re-appreciation of evidence – Possibility of…
Supreme Court of India10 May 2023Full text
2023 INSC 512 · [2023] 5 S.C.R. 372
372 SUPREME COURT[2023]REPORTS5 S.C.R. 372 [2023] 5 S.C.R. A ADIVASIS FOR SOCIAL AND HUMAN RIGHTS ACTION v. UNION OF INDIA & ORS. (Civil Appeal No. 2202 of 2012) B MAY 10, 2023 [ABHAY S. OKA AND RAJESH BINDAL, JJ.] Constitution of India, 1950 : 5th Schedule – Power of Governor under – Application of Central and the Sta…
Supreme Court of India10 May 2023Full text
2023 INSC 511 · [2023] 5 S.C.R. 354
Code of Criminal Procedure, 1973 – s.482 – Quashing of F FIR – Scope of – Discussed. Code of Criminal Procedure, 1973 – s.482 – Quashing of FIR under special statute – Held: The mere fact that the offence is covered under a ‘special statute’ would not inhibit Supreme Court or the High Court from exercising their respec…
Supreme Court of India9 May 2023Full text
2023 INSC 510 · [2023] 7 S.C.R. 939
that the Industrial Purposes Act was not liable to be invalidated on the grounds of arbitrariness and violation of Article 14 of the Constitution – The question arose was as to the locus standi of the appellants, who admittedly purchased their lands after the initiation of land acquisition proceedings, to maintain a ch…
Supreme Court of India18 Jan 2023Full text
2023 INSC 51 · [2023] 1 S.C.R. 809
809 810 SUPREME COURT REPORTS [2023] 1 S.C.R. A on basis of the evidence on record, relying on the preponderance of probability, came to the conclusion that the plaintiff had the financial ability to lend sum of Rs.3 lakhs – As the appellant’s wife was not examined as witness, the High Court found that the best availab…
Supreme Court of India9 May 2023Full text
2023 INSC 509 · [2023] 6 S.C.R. 565
– Therefore, the condition imposed upon the appellant to furnish a bank guarantee by the Courts below is not sustainable and is set aside – Orders impugned modified – Appellant permitted to withdraw G the amount along with 4% simple interest. CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.1434 of 2023. From the J…
Supreme Court of India9 May 2023Full text
2023 INSC 508 · [2023] 5 S.C.R. 327
[2023] 5 S.C.R. 327 327 M/S. SHREE VISHNU CONSTRUCTIONS A v. THE ENGINEER IN CHIEF MILITARY ENGINEERING SERVICE & ORS. (Civil Appeal No. 3461 of 2023) B MAY 09, 2023 [M. R. SHAH AND C. T. RAVIKUMAR, JJ.] Arbitration and Conciliation (Amendment) Act, 2015 – s.26 – Applicability of Amendment Act, 2015– Whether the provis…
Also on Law on Tips: Bare Acts · Legal news and analysis