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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.
2,361–2,380 · Page 119 of 500
Supreme Court of India9 May 2023Full text
2023 INSC 507 · [2023] 5 S.C.R. 682
to the first respondent after setting aside the award and by leaving it open to the first respondent to claim damages – Court cannot after setting aside the award, proceed to grant further relief by modifying the award –First respondent indeed invoked clause (3) – Clause (3) did not provide for resignation from dealers…
Supreme Court of India8 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.
2,361–2,380 · Page 119 of 500
Supreme Court of India9 May 2023Full text
2023 INSC 507 · [2023] 5 S.C.R. 682
to the first respondent after setting aside the award and by leaving it open to the first respondent to claim damages – Court cannot after setting aside the award, proceed to grant further relief by modifying the award –First respondent indeed invoked clause (3) – Clause (3) did not provide for resignation from dealers…
Supreme Court of India8 May 2023Full text
2023 INSC 505 · [2023] 6 S.C.R. 203
by the Respondent no.1 – There was no conscious abandonment of right to receive pension by the respondent no.1 to deprive him of his pension – Respondent no.1 exercised his right to receive pension under the 1990 Regulations in the year 1991 – Thereafter, it was the duty of the Corporation to have given effect to the s…
Supreme Court of India8 May 2023Full text
2023 INSC 504 · [2023] 6 S.C.R. 56
1.3 During the period from 1996 to 2009, the right to claim F additional TDR was in suspended animation. Thus, the appellants had to necessarily wait till the cloud over their right got cleared. To say that the wait of the appellants during the period of this cloudy weather, tantamount to abandonment, is clearly unjust…
Supreme Court of India8 May 2023Full text
2023 INSC 503 · [2023] 4 S.C.R. 1156
first appellate court, then High Court and thereafter, before this Court – Case is a frivolous litigation filed by the appellants, where the officers shirk to take responsibility – For filing frivolous appeal, and for wasting the time of the Courts at different levels, cost of Rs 1,00,000/- imposed on the appellant whi…
Supreme Court of India8 May 2023Full text
2023 INSC 502 · [2023] 6 S.C.R. 456
B Raghavendra S. Srivatsa, Venkita Subramoniam T. R., Likhi Chand Bonsle, Rahat Bansal, Ms. Komal Mundhra, Advs. for the Appellants. Anurag Dubey, Bhupendra Kumar Bhardwaj, Ms. Anjali Tiwari, Ms. Geetanjali Setia, Ms. Divya Bhardwaj, S. R. Setia, Aravindh S., Ms. Uma Bhuvaneswari C., Abbas B., Advs. for the Respondents…
Supreme Court of India4 May 2023Full text
2023 INSC 501 · [2023] 4 S.C.R. 870
Govt. of NCT of Delhi v. Manav Dharma Trust (2017) 6 SCC 751 : [2017] 4 SCR 232 – referred to. F Shiv Kumar & Anr. v. Union of India & Ors. (2019) 10 SCC 229; Delhi Development Authority v. Godfrey Philips (I) Ltd. & Ors. Civil Appeal No. 3073/2022 – relied on. Case Law Reference G [2017] 4 SCR 232 referred to Para 2 C…
Supreme Court of India4 May 2023Full text
2023 INSC 500 · [2023] 6 S.C.R. 806
806 SUPREME COURT[2023]REPORTS6 S.C.R. 806 [2023] 6 S.C.R. A M/S VISTRA ITCL (INDIA) LTD & ORS. v. MR. DINKAR VENKATASUBRAMANIAN & ANR. (Civil Appeal No.3606 of 2020) B MAY 04, 2023 [M. R. SHAH AND SANJIV KHANNA, JJ.] Insolvency and Bankruptcy Code, 2016: ss. 30, 52 and 53 – Claim of the appellant as financial creditor…
Supreme Court of India17 Jan 2023Full text
2023 INSC 50 · [2023] 1 S.C.R. 1123
HELD:1. On a conjoint reading of the relevant material and inputs, it is explicitly clear that weight cannot be the sole factor to determine the factum of portability. Instead, the essential H 1123 1124 SUPREME COURT REPORTS [2023] 1 S.C.R. A ingredients to logically establish whether an Automatic Data Processing Machi…
Supreme Court of India3 Jan 2023Full text
2023 INSC 5 · [2023] 1 S.C.R. 317
E Hire-Purchase – Elements – Held: A hire-purchase agreement has two elements – an element of bailment and an element of sale – Any transfer or sale made by the hirer or any violation of the hire-purchase agreement can lead to civil as well as criminal consequences. F Taxation – Taxation matters – Interference by High …
Supreme Court of India4 May 2023Full text
2023 INSC 499 · [2023] 4 S.C.R. 798
– Or.7, r.11(a). Representation of the People’s Act, 1951 – Right to elect, right to be elected and the right to dispute an election – Nature of – B Held: A right to elect is neither a fundamental right nor a common law right – It is purely a statutory right – Similarly, right to be elected and the right to dispute an …
Supreme Court of India4 May 2023Full text
2023 INSC 498 · [2023] 4 S.C.R. 916
Union of India vs Suresh Raheja & Ors. 2011 (267) E.L.T. 487 (Bom.) – approved. E Lilavati Bai v. State Of Mysore AIR 1957 SC 521 : [1957] SCR 721 – referred to. Additional Commissioner of Customs v. Ram Niwas Verma 2015 SCC Online Del 11542; Commissioner of Customs v. Avinash Dawar & Anr. 2015 SCC Online Del 13875; F …
Supreme Court of India4 May 2023Full text
2023 INSC 496 · [2023] 4 S.C.R. 1137
Maninder Singh, Ms. Nitya Ramakrishnan, Sr. Advs., E. C. D Agrawala, Sunil Murarka, Ankur Saigal, Gunnam Venkantewara Rao, Ms. S. Lakshmi Iyer, Ms. Anwesha Padhi, Pradhuman Gohil, Mrs. Taruna Singh Gohil, Ms. Ranu Purohit, Alapati Sahithya Krishna, Ms. Nidhi Mittal, Advs. for the Appellant. S. V. Raju, ASG, Ms. Swati G…
Supreme Court of India4 May 2023Full text
2023 INSC 496 · [2023] 4 S.C.R. 239
D Maninder Singh, Ms. Nitya Ramakrishnan, Sr. Advs., E. C. Agrawala, Sunil Murarka, Ankur Saigal, Gunnam Venkantewara Rao, Ms. S. Lakshmi Iyer, Ms. Anwesha Padhi, Pradhuman Gohil, Mrs. Taruna Singh Gohil, Ms. Ranu Purohit, Alapati Sahithya Krishna, Ms. Nidhi Mittal, Advs. for the Appellant. E S. V. Raju, ASG, Ms. Swati…
Supreme Court of India4 May 2023Full text
2023 INSC 495 · [2023] 4 S.C.R. 1124
Disposing of the appeal, the Court HELD: 1. On the issue of premature release, it is not in dispute that the benefit of premature release to prisoners in case of life convicts is minimum completion of ten years of incarceration H 1124 NAGARATHINAM v. STATE THROUGH THE INSPECTOR OF 1125 POLICE as on 25.02.2018, and for …
Supreme Court of India4 May 2023Full text
2023 INSC 494 · [2023] 6 S.C.R. 135
– On remand, the Magistrate passed an order u/s. 156(3) directing E registration of the FIR – On appeal, held: It is impermissible and contrary to law to adjudicate on merits the allegations and determine the facts as baseless, without further scrutiny and examination – Thus, the High Court was correct in remitting the…
Supreme Court of India4 May 2023Full text
2023 INSC 493 · [2023] 4 S.C.R. 220
Evidence Act, 1872 – s. 165 – Judge’s power to put questions or order production – Held: The duty of the presiding judge of a criminal trial is not to watch the proceedings as a spectator or a H 220 DINESH KUMAR v. THE STATE OF HARYANA 221 recording machine but he has to participate in the trial ‘by envincing A intelli…
Supreme Court of India4 May 2023Full text
2023 INSC 492 · [2023] 7 S.C.R. 1004
that the transaction was stock in trade – Also, confirmed that the sale consideration was Rs.5,24,27,354/- only – Appeals were dismissed by the High Court – On appeal, held: ITAT has neither dealt with the findings given by the AO nor verified/examined the total sales made by the assessee during the relevant time and d…
Supreme Court of India4 May 2023Full text
2023 INSC 491 · [2023] 6 S.C.R. 175
B Code of Civil Procedure, 1908 : Ord. VIII r. 6 A – Counter-claim by defendant – When can be raised – Held: A defendant could not be permitted to raise counter-claim against co-defendant because by virtue of Ord. VIII r. 6A, it could be raised by defendant against the claim of the plaintiff – On facts, sole, vague ave…
Supreme Court of India4 May 2023Full text
2023 INSC 490 · [2023] 4 S.C.R. 851
to land grabbing, however, without defining land grabbing cases – By the other Government Order the land grabbing cases were ordered to be transferred to the Special Courts constituted to exclusively deal with the land grabbing cases – Writ Petitions against the said G.Os – High Court set aside the G.Os on the ground t…
Supreme Court of India17 Jan 2023Full text
2023 INSC 49 · [2023] 1 S.C.R. 931
held: The heirs listed u/r. 54(14)(b) of the CCS (Pension) Rules are the immediate dependents of the deceased government servant – Rule 54(14)(b) of the CCS (Pension) Rules, requires that the family member must have a close nexus with the deceased government servant, and must have been dependent on him during his lifet…
Also on Law on Tips: Bare Acts · Legal news and analysis
2023 INSC 505 · [2023] 6 S.C.R. 203
by the Respondent no.1 – There was no conscious abandonment of right to receive pension by the respondent no.1 to deprive him of his pension – Respondent no.1 exercised his right to receive pension under the 1990 Regulations in the year 1991 – Thereafter, it was the duty of the Corporation to have given effect to the s…
Supreme Court of India8 May 2023Full text
2023 INSC 504 · [2023] 6 S.C.R. 56
1.3 During the period from 1996 to 2009, the right to claim F additional TDR was in suspended animation. Thus, the appellants had to necessarily wait till the cloud over their right got cleared. To say that the wait of the appellants during the period of this cloudy weather, tantamount to abandonment, is clearly unjust…
Supreme Court of India8 May 2023Full text
2023 INSC 503 · [2023] 4 S.C.R. 1156
first appellate court, then High Court and thereafter, before this Court – Case is a frivolous litigation filed by the appellants, where the officers shirk to take responsibility – For filing frivolous appeal, and for wasting the time of the Courts at different levels, cost of Rs 1,00,000/- imposed on the appellant whi…
Supreme Court of India8 May 2023Full text
2023 INSC 502 · [2023] 6 S.C.R. 456
B Raghavendra S. Srivatsa, Venkita Subramoniam T. R., Likhi Chand Bonsle, Rahat Bansal, Ms. Komal Mundhra, Advs. for the Appellants. Anurag Dubey, Bhupendra Kumar Bhardwaj, Ms. Anjali Tiwari, Ms. Geetanjali Setia, Ms. Divya Bhardwaj, S. R. Setia, Aravindh S., Ms. Uma Bhuvaneswari C., Abbas B., Advs. for the Respondents…
Supreme Court of India4 May 2023Full text
2023 INSC 501 · [2023] 4 S.C.R. 870
Govt. of NCT of Delhi v. Manav Dharma Trust (2017) 6 SCC 751 : [2017] 4 SCR 232 – referred to. F Shiv Kumar & Anr. v. Union of India & Ors. (2019) 10 SCC 229; Delhi Development Authority v. Godfrey Philips (I) Ltd. & Ors. Civil Appeal No. 3073/2022 – relied on. Case Law Reference G [2017] 4 SCR 232 referred to Para 2 C…
Supreme Court of India4 May 2023Full text
2023 INSC 500 · [2023] 6 S.C.R. 806
806 SUPREME COURT[2023]REPORTS6 S.C.R. 806 [2023] 6 S.C.R. A M/S VISTRA ITCL (INDIA) LTD & ORS. v. MR. DINKAR VENKATASUBRAMANIAN & ANR. (Civil Appeal No.3606 of 2020) B MAY 04, 2023 [M. R. SHAH AND SANJIV KHANNA, JJ.] Insolvency and Bankruptcy Code, 2016: ss. 30, 52 and 53 – Claim of the appellant as financial creditor…
Supreme Court of India17 Jan 2023Full text
2023 INSC 50 · [2023] 1 S.C.R. 1123
HELD:1. On a conjoint reading of the relevant material and inputs, it is explicitly clear that weight cannot be the sole factor to determine the factum of portability. Instead, the essential H 1123 1124 SUPREME COURT REPORTS [2023] 1 S.C.R. A ingredients to logically establish whether an Automatic Data Processing Machi…
Supreme Court of India3 Jan 2023Full text
2023 INSC 5 · [2023] 1 S.C.R. 317
E Hire-Purchase – Elements – Held: A hire-purchase agreement has two elements – an element of bailment and an element of sale – Any transfer or sale made by the hirer or any violation of the hire-purchase agreement can lead to civil as well as criminal consequences. F Taxation – Taxation matters – Interference by High …
Supreme Court of India4 May 2023Full text
2023 INSC 499 · [2023] 4 S.C.R. 798
– Or.7, r.11(a). Representation of the People’s Act, 1951 – Right to elect, right to be elected and the right to dispute an election – Nature of – B Held: A right to elect is neither a fundamental right nor a common law right – It is purely a statutory right – Similarly, right to be elected and the right to dispute an …
Supreme Court of India4 May 2023Full text
2023 INSC 498 · [2023] 4 S.C.R. 916
Union of India vs Suresh Raheja & Ors. 2011 (267) E.L.T. 487 (Bom.) – approved. E Lilavati Bai v. State Of Mysore AIR 1957 SC 521 : [1957] SCR 721 – referred to. Additional Commissioner of Customs v. Ram Niwas Verma 2015 SCC Online Del 11542; Commissioner of Customs v. Avinash Dawar & Anr. 2015 SCC Online Del 13875; F …
Supreme Court of India4 May 2023Full text
2023 INSC 496 · [2023] 4 S.C.R. 1137
Maninder Singh, Ms. Nitya Ramakrishnan, Sr. Advs., E. C. D Agrawala, Sunil Murarka, Ankur Saigal, Gunnam Venkantewara Rao, Ms. S. Lakshmi Iyer, Ms. Anwesha Padhi, Pradhuman Gohil, Mrs. Taruna Singh Gohil, Ms. Ranu Purohit, Alapati Sahithya Krishna, Ms. Nidhi Mittal, Advs. for the Appellant. S. V. Raju, ASG, Ms. Swati G…
Supreme Court of India4 May 2023Full text
2023 INSC 496 · [2023] 4 S.C.R. 239
D Maninder Singh, Ms. Nitya Ramakrishnan, Sr. Advs., E. C. Agrawala, Sunil Murarka, Ankur Saigal, Gunnam Venkantewara Rao, Ms. S. Lakshmi Iyer, Ms. Anwesha Padhi, Pradhuman Gohil, Mrs. Taruna Singh Gohil, Ms. Ranu Purohit, Alapati Sahithya Krishna, Ms. Nidhi Mittal, Advs. for the Appellant. E S. V. Raju, ASG, Ms. Swati…
Supreme Court of India4 May 2023Full text
2023 INSC 495 · [2023] 4 S.C.R. 1124
Disposing of the appeal, the Court HELD: 1. On the issue of premature release, it is not in dispute that the benefit of premature release to prisoners in case of life convicts is minimum completion of ten years of incarceration H 1124 NAGARATHINAM v. STATE THROUGH THE INSPECTOR OF 1125 POLICE as on 25.02.2018, and for …
Supreme Court of India4 May 2023Full text
2023 INSC 494 · [2023] 6 S.C.R. 135
– On remand, the Magistrate passed an order u/s. 156(3) directing E registration of the FIR – On appeal, held: It is impermissible and contrary to law to adjudicate on merits the allegations and determine the facts as baseless, without further scrutiny and examination – Thus, the High Court was correct in remitting the…
Supreme Court of India4 May 2023Full text
2023 INSC 493 · [2023] 4 S.C.R. 220
Evidence Act, 1872 – s. 165 – Judge’s power to put questions or order production – Held: The duty of the presiding judge of a criminal trial is not to watch the proceedings as a spectator or a H 220 DINESH KUMAR v. THE STATE OF HARYANA 221 recording machine but he has to participate in the trial ‘by envincing A intelli…
Supreme Court of India4 May 2023Full text
2023 INSC 492 · [2023] 7 S.C.R. 1004
that the transaction was stock in trade – Also, confirmed that the sale consideration was Rs.5,24,27,354/- only – Appeals were dismissed by the High Court – On appeal, held: ITAT has neither dealt with the findings given by the AO nor verified/examined the total sales made by the assessee during the relevant time and d…
Supreme Court of India4 May 2023Full text
2023 INSC 491 · [2023] 6 S.C.R. 175
B Code of Civil Procedure, 1908 : Ord. VIII r. 6 A – Counter-claim by defendant – When can be raised – Held: A defendant could not be permitted to raise counter-claim against co-defendant because by virtue of Ord. VIII r. 6A, it could be raised by defendant against the claim of the plaintiff – On facts, sole, vague ave…
Supreme Court of India4 May 2023Full text
2023 INSC 490 · [2023] 4 S.C.R. 851
to land grabbing, however, without defining land grabbing cases – By the other Government Order the land grabbing cases were ordered to be transferred to the Special Courts constituted to exclusively deal with the land grabbing cases – Writ Petitions against the said G.Os – High Court set aside the G.Os on the ground t…
Supreme Court of India17 Jan 2023Full text
2023 INSC 49 · [2023] 1 S.C.R. 931
held: The heirs listed u/r. 54(14)(b) of the CCS (Pension) Rules are the immediate dependents of the deceased government servant – Rule 54(14)(b) of the CCS (Pension) Rules, requires that the family member must have a close nexus with the deceased government servant, and must have been dependent on him during his lifet…
Also on Law on Tips: Bare Acts · Legal news and analysis