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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.
2,381–2,400 · Page 120 of 500
Supreme Court of India4 May 2023Full text
2023 INSC 489 · [2023] 7 S.C.R. 1082
property is (the nature and extent); where it is (the locational attributes); and whatever there is (its quantity and condition) – Bidders/purchasers were further warned to satisfy themselves in regard to the aspects of nature, extent, location etc. after physical inspection of the assets and were also informed that th…
Supreme Court of India4 May 2023Full text
2023 INSC 488 · [2023] 6 S.C.R. 425
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.
2,381–2,400 · Page 120 of 500
Supreme Court of India4 May 2023Full text
2023 INSC 489 · [2023] 7 S.C.R. 1082
property is (the nature and extent); where it is (the locational attributes); and whatever there is (its quantity and condition) – Bidders/purchasers were further warned to satisfy themselves in regard to the aspects of nature, extent, location etc. after physical inspection of the assets and were also informed that th…
Supreme Court of India4 May 2023Full text
2023 INSC 488 · [2023] 6 S.C.R. 425
and answered the issue in favour of the Revenue and against the assessee – Before the Supreme Court, the Revenue contended that in the Kerala case, that Nycil prickly heat powder is “medicated talcum powder” since there is separate entry for medicated talcum powder (Entry 127), it has to be classified under Entry 127 o…
Supreme Court of India4 May 2023Full text
2023 INSC 487 · [2023] 7 S.C.R. 1046
1046 SUPREME COURT[2023]REPORTS7 S.C.R. 1046 [2023] 7 S.C.R. A M/S TRIMURTHI FRAGRANCES (P) LTD. THR. ITS DIRECTOR SHRI PRADEEP KUMAR AGRAWAL v. GOVT. OF N.C.T. OF DELHI THROUGH ITS PRINCIPAL SECRETARY (FINANCE) AND ORS. B (Civil Appeal No. 8486 of 2011) MAY 04, 2023 [S. RAVINDRA BHAT AND DIPANKAR DATTA, JJ.] Central S…
Supreme Court of India3 May 2023Full text
2023 INSC 486 · [2023] 9 S.C.R. 783
783 784 SUPREME COURT REPORTS [2023] 9 S.C.R. A with the Appellate Tribunal – The reasons and findings of the Appellate Tribunal in relation to the valuation process and alleged non-compliance of some of the procedural provisions as also the observations against increase of fees of resolution professional are not appro…
Supreme Court of India3 May 2023Full text
2023 INSC 485 · [2023] 4 S.C.R. 1118
From the Judgment and Order dated 16.09.2020 of the High Court of Andhra Pradesh at Amravati in IA No. 1 of 2020 in WP Nos. 6562 H and 6711 of 2020. 1118 THE STATE OF ANDHRA PRADESH & ANR. v. VARLA 1119 RAMAIAH ETC. S. Niranjan Reddy, Sr. Adv., Mahfooz A. Nazki, Polanki Gowtham, A Shaik Mohamad Haneef, T. Vijaya Bhaska…
Supreme Court of India3 May 2023Full text
2023 INSC 484 · [2023] 5 S.C.R. 949
longer maintainable – Whether after resignation of the auditors, proceedings u/s.140(5) are maintainable – Held: The view taken by the High Court is absolutely erroneous and is unsustainable – Application / proceedings u/s.140(5) of the Act, 2013 is maintainable even after the resignation of the concerned auditors – En…
Supreme Court of India3 May 2023Full text
2023 INSC 483 · [2023] 6 S.C.R. 281
[2023] 6 S.C.R. 281 281 COMMISSSIONER OF CUSTOMS, CENTRAL EXCISE AND A SERVICE TAX, HYDERABAD v. ASHWANI HOMEO PHARMACY (Civil Appeal No. 9525 of 2018) B MAY 03, 2023 [DINESH MAHESHWARI AND VIKRAM NATH, JJ.] Central Excise Tariff Act, 1985: Chapter 30, First Schedule, Tariff Item 3003 90 14 – Product “Aswini Homeo Arni…
Supreme Court of India3 May 2023Full text
2023 INSC 482 · [2023] 4 S.C.R. 265
– It is within the executive to take a call. H 265 266 SUPREME COURT REPORTS [2023] 4 S.C.R. A Disposing of the writ petition, the Court HELD: 1. It is also evident that the argument regarding pendency of the Mercy Petition and there being a delay of more than 10 years cannot be sustained. Firstly, the petitioner himse…
Supreme Court of India3 May 2023Full text
2023 INSC 481 · [2023] 4 S.C.R. 1144
course, none of the persons would have given the accused any money, and thus, were induced to deliver property which otherwise they would have not – With only one ingredient being fulfilled and mere statements made to show dishonest intention or falsity of statement, the threshold of s. 420 is not breached, constitutin…
Supreme Court of India17 Jan 2023Full text
2023 INSC 48 · [2023] 1 S.C.R. 969
[2023] 1 S.C.R. 969 969 JABIR & ORS. A v. THE STATE OF UTTARAKHAND (Criminal Appeal No. 972 of 2013) JANUARY 17, 2023 B [S. RAVINDRA BHAT AND PAMIDIGHANTAM SRI NARASIMHA, JJ.] Penal Code, 1860 – ss.302, 364, 201 – The prosecution case was that the victim ‘H’, aged about 7 years, went missing on C8.10.1999 – On 10.10.19…
Supreme Court of India2 May 2023Full text
2023 INSC 479 · [2023] 6 S.C.R. 85
such secured creditor has relinquished security – Thus, the same cannot be said to be arbitrary and violative of Art. 21 – Insolvency and Bankruptcy Code, 2016 – ss. 53 and 36(4). Insolvency and Bankruptcy Code, 2016: s. 53 – Waterfall mechanism under – Held: Waterfall mechanism is based on a F structured mathematical …
Supreme Court of India2 May 2023Full text
2023 INSC 478 · [2023] 5 S.C.R. 141
sentence and ordered their release on bail – On appeal, held: The endeavour on the part of the Court should be to see as to whether the case presented by the prosecution and accepted by the Trial Court can be said to be a case in which, ultimately the convict stands for fair chances of acquittal – While undertaking the…
Supreme Court of India2 May 2023Full text
2023 INSC 476 · [2023] 7 S.C.R. 977
D Allowing the appeal, the Court HELD:1. The service elements have found a statutory recognition as part of Rule 2A of the Service Tax (Determination of Value) Rules, 2006 w.e.f. 01.06.2007 which has been referred. The applicability of Rule 2A has been dealt with and considered E by this Court in extenso in the case of…
Supreme Court of India2 May 2023Full text
2023 INSC 475 · [2023] 5 S.C.R. 624
unsustainable – Constitution of India – Art. 226. Allowing the appeals, the Court HELD: 1.1 What was challenged before the High Court by respondent no.1 in a writ petition under Article 226 of the D Constitution of India was the e–auction notice which was pursuant to the action initiated by the Bank in exercise of powe…
Supreme Court of India2 May 2023Full text
2023 INSC 474 · [2023] 4 S.C.R. 1109
– Single Judge of the High Court quashed the dismissal order based on the lack of authority of the Commissioner – The Division Bench upheld the decision of the Single Judge – On appeal, held: The E High Court have rightly observed that the Resolution No.51 did not authorize and confer any power upon the Commissioner to…
Supreme Court of India1 May 2023Full text
2023 INSC 473 · [2023] 5 S.C.R. 655
655 656 SUPREME COURT REPORTS [2023] 5 S.C.R. A Court cannot be legally sustained whereby the acquisition has been held to have lapsed in terms of s.24(2) of the 2013 Act. Allowing the appeal, the Court HELD: 1. It is the admitted case of Respondent no.1 that she was not the recorded owner of the land at the time of is…
Supreme Court of India1 May 2023Full text
2023 INSC 472 · [2023] 6 S.C.R. 1
incomplete chargesheet which could be termed as not in consonance with s. 173 – According sanction is the duty of the sanctioning authority who is not connected with the investigation at all – In case the sanctioning authority takes some time to accord sanction, that does not vitiate the final report filed by the inves…
Supreme Court of India1 May 2023Full text
2023 INSC 470 · [2023] 5 S.C.R. 103
[2023] 5 S.C.R. 103 103 GUJARAT COMPOSITE LIMITED A v. A INFRASTRUCTURE LIMITED & ORS. (Civil Appeal No. 3259 of 2023) MAY 01, 2023 B [DINESH MAHESHWARI AND SUDHANSHU DHULIA, JJ.] Arbitration and Conciliation Act, 1996 – s.8 – Arbitrability of the dispute in question – Held: Except the principal licence agreement, none…
Supreme Court of India16 Jan 2023Full text
2023 INSC 47 · [2023] 1 S.C.R. 719
Indore Development Authority versus Manoharlal and F others (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. Shiv Kumar & Anr. Vs. Union of India & Ors. (2019) 10 SCC 229; Delhi Administration Through Secretary, Land and Building vs. Pawan Kumar & Ors., Civil Appeal No.3646 of 2022; Delhi Development Authority versus Godf…
Supreme Court of India1 May 2023Full text
2023 INSC 468 · [2023] 5 S.C.R. 165
H 165 166 SUPREME COURT REPORTS [2023] 5 S.C.R. A Constitution of India – Art. 142 – Grant of divorce in case of irretrievable breakdown of marriage – Whether Supreme Court can grant divorce in exercise of power under Article 142(1), when there is complete and irretrievable breakdown of marriage in spite of the other s…
Also on Law on Tips: Bare Acts · Legal news and analysis
and answered the issue in favour of the Revenue and against the assessee – Before the Supreme Court, the Revenue contended that in the Kerala case, that Nycil prickly heat powder is “medicated talcum powder” since there is separate entry for medicated talcum powder (Entry 127), it has to be classified under Entry 127 o…
Supreme Court of India4 May 2023Full text
2023 INSC 487 · [2023] 7 S.C.R. 1046
1046 SUPREME COURT[2023]REPORTS7 S.C.R. 1046 [2023] 7 S.C.R. A M/S TRIMURTHI FRAGRANCES (P) LTD. THR. ITS DIRECTOR SHRI PRADEEP KUMAR AGRAWAL v. GOVT. OF N.C.T. OF DELHI THROUGH ITS PRINCIPAL SECRETARY (FINANCE) AND ORS. B (Civil Appeal No. 8486 of 2011) MAY 04, 2023 [S. RAVINDRA BHAT AND DIPANKAR DATTA, JJ.] Central S…
Supreme Court of India3 May 2023Full text
2023 INSC 486 · [2023] 9 S.C.R. 783
783 784 SUPREME COURT REPORTS [2023] 9 S.C.R. A with the Appellate Tribunal – The reasons and findings of the Appellate Tribunal in relation to the valuation process and alleged non-compliance of some of the procedural provisions as also the observations against increase of fees of resolution professional are not appro…
Supreme Court of India3 May 2023Full text
2023 INSC 485 · [2023] 4 S.C.R. 1118
From the Judgment and Order dated 16.09.2020 of the High Court of Andhra Pradesh at Amravati in IA No. 1 of 2020 in WP Nos. 6562 H and 6711 of 2020. 1118 THE STATE OF ANDHRA PRADESH & ANR. v. VARLA 1119 RAMAIAH ETC. S. Niranjan Reddy, Sr. Adv., Mahfooz A. Nazki, Polanki Gowtham, A Shaik Mohamad Haneef, T. Vijaya Bhaska…
Supreme Court of India3 May 2023Full text
2023 INSC 484 · [2023] 5 S.C.R. 949
longer maintainable – Whether after resignation of the auditors, proceedings u/s.140(5) are maintainable – Held: The view taken by the High Court is absolutely erroneous and is unsustainable – Application / proceedings u/s.140(5) of the Act, 2013 is maintainable even after the resignation of the concerned auditors – En…
Supreme Court of India3 May 2023Full text
2023 INSC 483 · [2023] 6 S.C.R. 281
[2023] 6 S.C.R. 281 281 COMMISSSIONER OF CUSTOMS, CENTRAL EXCISE AND A SERVICE TAX, HYDERABAD v. ASHWANI HOMEO PHARMACY (Civil Appeal No. 9525 of 2018) B MAY 03, 2023 [DINESH MAHESHWARI AND VIKRAM NATH, JJ.] Central Excise Tariff Act, 1985: Chapter 30, First Schedule, Tariff Item 3003 90 14 – Product “Aswini Homeo Arni…
Supreme Court of India3 May 2023Full text
2023 INSC 482 · [2023] 4 S.C.R. 265
– It is within the executive to take a call. H 265 266 SUPREME COURT REPORTS [2023] 4 S.C.R. A Disposing of the writ petition, the Court HELD: 1. It is also evident that the argument regarding pendency of the Mercy Petition and there being a delay of more than 10 years cannot be sustained. Firstly, the petitioner himse…
Supreme Court of India3 May 2023Full text
2023 INSC 481 · [2023] 4 S.C.R. 1144
course, none of the persons would have given the accused any money, and thus, were induced to deliver property which otherwise they would have not – With only one ingredient being fulfilled and mere statements made to show dishonest intention or falsity of statement, the threshold of s. 420 is not breached, constitutin…
Supreme Court of India17 Jan 2023Full text
2023 INSC 48 · [2023] 1 S.C.R. 969
[2023] 1 S.C.R. 969 969 JABIR & ORS. A v. THE STATE OF UTTARAKHAND (Criminal Appeal No. 972 of 2013) JANUARY 17, 2023 B [S. RAVINDRA BHAT AND PAMIDIGHANTAM SRI NARASIMHA, JJ.] Penal Code, 1860 – ss.302, 364, 201 – The prosecution case was that the victim ‘H’, aged about 7 years, went missing on C8.10.1999 – On 10.10.19…
Supreme Court of India2 May 2023Full text
2023 INSC 479 · [2023] 6 S.C.R. 85
such secured creditor has relinquished security – Thus, the same cannot be said to be arbitrary and violative of Art. 21 – Insolvency and Bankruptcy Code, 2016 – ss. 53 and 36(4). Insolvency and Bankruptcy Code, 2016: s. 53 – Waterfall mechanism under – Held: Waterfall mechanism is based on a F structured mathematical …
Supreme Court of India2 May 2023Full text
2023 INSC 478 · [2023] 5 S.C.R. 141
sentence and ordered their release on bail – On appeal, held: The endeavour on the part of the Court should be to see as to whether the case presented by the prosecution and accepted by the Trial Court can be said to be a case in which, ultimately the convict stands for fair chances of acquittal – While undertaking the…
Supreme Court of India2 May 2023Full text
2023 INSC 476 · [2023] 7 S.C.R. 977
D Allowing the appeal, the Court HELD:1. The service elements have found a statutory recognition as part of Rule 2A of the Service Tax (Determination of Value) Rules, 2006 w.e.f. 01.06.2007 which has been referred. The applicability of Rule 2A has been dealt with and considered E by this Court in extenso in the case of…
Supreme Court of India2 May 2023Full text
2023 INSC 475 · [2023] 5 S.C.R. 624
unsustainable – Constitution of India – Art. 226. Allowing the appeals, the Court HELD: 1.1 What was challenged before the High Court by respondent no.1 in a writ petition under Article 226 of the D Constitution of India was the e–auction notice which was pursuant to the action initiated by the Bank in exercise of powe…
Supreme Court of India2 May 2023Full text
2023 INSC 474 · [2023] 4 S.C.R. 1109
– Single Judge of the High Court quashed the dismissal order based on the lack of authority of the Commissioner – The Division Bench upheld the decision of the Single Judge – On appeal, held: The E High Court have rightly observed that the Resolution No.51 did not authorize and confer any power upon the Commissioner to…
Supreme Court of India1 May 2023Full text
2023 INSC 473 · [2023] 5 S.C.R. 655
655 656 SUPREME COURT REPORTS [2023] 5 S.C.R. A Court cannot be legally sustained whereby the acquisition has been held to have lapsed in terms of s.24(2) of the 2013 Act. Allowing the appeal, the Court HELD: 1. It is the admitted case of Respondent no.1 that she was not the recorded owner of the land at the time of is…
Supreme Court of India1 May 2023Full text
2023 INSC 472 · [2023] 6 S.C.R. 1
incomplete chargesheet which could be termed as not in consonance with s. 173 – According sanction is the duty of the sanctioning authority who is not connected with the investigation at all – In case the sanctioning authority takes some time to accord sanction, that does not vitiate the final report filed by the inves…
Supreme Court of India1 May 2023Full text
2023 INSC 470 · [2023] 5 S.C.R. 103
[2023] 5 S.C.R. 103 103 GUJARAT COMPOSITE LIMITED A v. A INFRASTRUCTURE LIMITED & ORS. (Civil Appeal No. 3259 of 2023) MAY 01, 2023 B [DINESH MAHESHWARI AND SUDHANSHU DHULIA, JJ.] Arbitration and Conciliation Act, 1996 – s.8 – Arbitrability of the dispute in question – Held: Except the principal licence agreement, none…
Supreme Court of India16 Jan 2023Full text
2023 INSC 47 · [2023] 1 S.C.R. 719
Indore Development Authority versus Manoharlal and F others (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. Shiv Kumar & Anr. Vs. Union of India & Ors. (2019) 10 SCC 229; Delhi Administration Through Secretary, Land and Building vs. Pawan Kumar & Ors., Civil Appeal No.3646 of 2022; Delhi Development Authority versus Godf…
Supreme Court of India1 May 2023Full text
2023 INSC 468 · [2023] 5 S.C.R. 165
H 165 166 SUPREME COURT REPORTS [2023] 5 S.C.R. A Constitution of India – Art. 142 – Grant of divorce in case of irretrievable breakdown of marriage – Whether Supreme Court can grant divorce in exercise of power under Article 142(1), when there is complete and irretrievable breakdown of marriage in spite of the other s…
Also on Law on Tips: Bare Acts · Legal news and analysis