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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.
2,461–2,480 · Page 124 of 500
Supreme Court of India20 Apr 2023Full text
2023 INSC 397 · [2023] 6 S.C.R. 669
H 669 670 SUPREME COURT REPORTS [2023] 6 S.C.R. A D. Devaraja v. Owais Sabeer Hussain (2020) 7 SCC 695 : [2020] 6 SCR 453; Indra Devi v. State of Rajasthan and Another (2021) 8 SCC 768; State of Haryana and Others v. Bhajan Lal and Others 1992 Supp (1) SCC 335 : [1990] 3 Suppl. SCR 259; Sukhpal Singh Khaira v. State of…
Supreme Court of India19 Apr 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.
2,461–2,480 · Page 124 of 500
Supreme Court of India20 Apr 2023Full text
2023 INSC 397 · [2023] 6 S.C.R. 669
H 669 670 SUPREME COURT REPORTS [2023] 6 S.C.R. A D. Devaraja v. Owais Sabeer Hussain (2020) 7 SCC 695 : [2020] 6 SCR 453; Indra Devi v. State of Rajasthan and Another (2021) 8 SCC 768; State of Haryana and Others v. Bhajan Lal and Others 1992 Supp (1) SCC 335 : [1990] 3 Suppl. SCR 259; Sukhpal Singh Khaira v. State of…
Supreme Court of India19 Apr 2023Full text
2023 INSC 396 · [2023] 4 S.C.R. 41
Indore Development Authority vs. Manoharlal and Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors. (2014) 3 SCC 183 : [2014] F 1 SCR 783 – referred to. Case Law Reference [2014] 1 SCR 783 referred to Para 2 [2020] 3 SCR 1 followed Para 2.1 G …
Supreme Court of India19 Apr 2023Full text
2023 INSC 395 · [2023] 4 S.C.R. 46
Indore Development Authority vs. Manoharlal and Ors. E (2020) 8 SCC 129: [2020] 3 SCR 1 –followed. Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors. (2014) 3 SCC 183 : [2014] 1 SCR 783 – referred to. Case Law ReferenceF [2014] 1 SCR 783 referred to Para 2 [2020] 3 SCR 1 followed Para 2.1 CIV…
Supreme Court of India19 Apr 2023Full text
2023 INSC 394 · [2023] 4 S.C.R. 430
Allowing the appeals, the Court HELD: 1.1 While determining the arm’s length price, the tribunal has to follow the guidelines stipulated under Chapter X of the Income Tax Act, 1961, namely, Sections 92, 92A to 92CA, G 92D, 92E and 92F of the Act and Rules 10A to 10E of the Rules. Any determination of the arm’s length p…
Supreme Court of India19 Apr 2023Full text
2023 INSC 393 · [2023] 3 S.C.R. 498
G Constitution of India – Article 14 – Violation of – Undue indulgence granted by appellant-Authority – Held: There is no justification as to what was the reason for the Authority to grant undue indulgence to the respondent in depositing the instalments which ought to have been deposited by 31.10.1999 but were H 498 GW…
Supreme Court of India18 Apr 2023Full text
2023 INSC 391 · [2023] 5 S.C.R. 1092
including excessive harassment and denial of the fruits of her investment could all lead to a reasonable amount of compensation but, there appears absolutely no reason that compound interest be allowed in this matter – Award of compound interest had neither any foundation in the record nor any backing in law nor the F …
Supreme Court of India18 Apr 2023Full text
2023 INSC 390 · [2023] 4 S.C.R. 445
had indeed made substantial supplies against the purchase orders in question – On 18.09.2019, the respondent No.2 dealing with the procurement specifically informed the appellant that the supply under the purchase order in question was to be deferred – After such an order of deferment, there had not been any other comm…
Supreme Court of India13 Jan 2023Full text
2023 INSC 39 · [2023] 1 S.C.R. 683
Indore Development Authority Vs. Manoharlal and Ors, F (2020) 8 SCC 129 – followed. Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors. (2014) 3 SCC 183:[2014] (1) SCR 783; Shiv Kumar and Anr. Vs. Union of India and Ors., (2019) 10 SCC 229, Delhi Development G Authority Vs. Godfrey Philips (I)…
Supreme Court of India18 Apr 2023Full text
2023 INSC 389 · [2023] 4 S.C.R. 473
Shankar Divate, Adv. for the Petitioner. D Pai Amit, Ms. Pankhuri Bhardwaj, Abhiyudaya Vats, Advs. for the Respondent. The Judgment of the Court was delivered by RAJESH BINDAL, J. 1. The present petition has been filed by the petitioner-wife seeking E transfer of M.C. No. 331 of 2021 titled as “Dr. Edmond Clint Fernand…
Supreme Court of India18 Apr 2023Full text
2023 INSC 388 · [2023] 4 S.C.R. 246
– Factories Act 1948 – Chapter VI – s.59(1) – Constitution of India – Article 309, 313 – Fundamental Rules and the Supplementary F Rules 1922 – r. 11. Factories Act 1948 – Chapter VI – s.64 – Maharashtra Factories Rules, 1963 – r.100 – Held: Admittedly, the State Government is conferred with the power u/s.64(1) to make…
Supreme Court of India18 Apr 2023Full text
2023 INSC 386 · [2023] 4 S.C.R. 858
aside the order of the Single Judge and observed that the bar u/s. 34 of the SARFAESI Act was not absolute and restrained the appellant from selling the suit property until the final determination of the rights of the parties – On appeal, held: It is settled that the jurisdiction of the civil court is barred in respect…
Supreme Court of India18 Apr 2023Full text
2023 INSC 385 · [2023] 3 S.C.R. 802
802 SUPREME COURT[2023]REPORTS3 S.C.R. 802 [2023] 3 S.C.R. A GADDIPATI DIVIJA & ANR. v. PATHURI SAMRAJYAM & ORS. (Civil Appeal No. 4206-4207 of 2011) B APRIL 18, 2023 [KRISHNA MURARI AND SANJAY KAROL, JJ.] Specific Relief Act, 1963 – s. 16 – 2018 amendment – Specific Performance – Father of appellants executed an agree…
Supreme Court of India17 Apr 2023Full text
2023 INSC 383 · [2023] 4 S.C.R. 1
conjectures, and that too without appreciating the scope and object of s. 391 Cr.P.C. Code of Criminal Procedure, 1973 – s. 391 – Additional evidence at appellate stage – The touchstone of when the additional evidence at the appellate stage may be taken on record is not the H 1 2 SUPREME COURT REPORTS [2023] 4 S.C.R. A…
Supreme Court of India17 Apr 2023Full text
2023 INSC 381 · [2023] 6 S.C.R. 392
part of MMRCL to move the Tree Authority for the felling of any trees in excess of 84 trees – If circumstances had transpired which led to a variation in the number of trees to be cut, the only correct course of action would have been to move Supreme Court – Now, any direction to stay permission granted on 15.03.2023 w…
Supreme Court of India17 Apr 2023Full text
2023 INSC 380 · [2023] 3 S.C.R. 476
Judge, which was rejected – However, the same was allowed by the High Court with a direction that despite anticipatory bail, the CBI could apply for police remand of the respondent and that upon the completion of the police remand, the respondent would be set free immediately – On appeal, held: The purported recording …
Supreme Court of India13 Jan 2023Full text
2023 INSC 38 · [2023] 1 S.C.R. 677
Indore Development Authority vs Manoharlal & Ors. F (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. Pune Municipal Corporation & Anr. Vs Harakchand Misrimal Solanki & ors (2014) 3 SCC 183 : [2014] 1 SCR 783 - referred to. G Case Law Reference [2020] 3 SCR 1 followed Para 3 [2014] 1 SCR 783 referred to Para 2, 2.2 H 677 6…
Supreme Court of India17 Apr 2023Full text
2023 INSC 379 · [2023] 4 S.C.R. 18
– Powers conferred under Article 226 are rather wide but are F required to be exercised only in extraordinary circumstances – In matters where the legislature has provided for a specific mechanism for appropriate redressal, constitutional remedy not to be resorted to – Constitution of India – Art. 226. SARFAESI Act – P…
Supreme Court of India17 Apr 2023Full text
2023 INSC 378 · [2023] 4 S.C.R. 397
the murder of the victim and there being no other possible view which could be considered as missing in the link of chain of circumstances – Thus, the order passed by the High Court upheld – Evidence Act 1872 – ss. 8, 25 and 27. H 397 398 SUPREME COURT REPORTS [2023] 4 S.C.R. A Evidence Act, 1827: s 27 – How much of in…
Supreme Court of India17 Apr 2023Full text
2023 INSC 377 · [2023] 4 S.C.R. 133
Code of Criminal Procedure, 1973: s. 464 – Effect of omission to frame or absence of, or error in, charge – Held: Under s. 464, omission to frame a charge or any error in charge is never fatal G unless, in the opinion of the Court, a failure of justice has in fact been occasioned thereby – Instant case is of omission t…
Supreme Court of India17 Apr 2023Full text
2023 INSC 376 · [2023] 6 S.C.R. 479
paid by the assessee – Issue before the Supreme Court: Whether while levying penalty and interest leviable u/s 45(6) and s. 47(4A) mens rea on the part of the assessee is required to be considered – Held: The language used in s.45 is precise, plain and unambiguous that the moment any eventuality as mentioned in s. 45(5…
Also on Law on Tips: Bare Acts · Legal news and analysis
2023 INSC 396 · [2023] 4 S.C.R. 41
Indore Development Authority vs. Manoharlal and Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors. (2014) 3 SCC 183 : [2014] F 1 SCR 783 – referred to. Case Law Reference [2014] 1 SCR 783 referred to Para 2 [2020] 3 SCR 1 followed Para 2.1 G …
Supreme Court of India19 Apr 2023Full text
2023 INSC 395 · [2023] 4 S.C.R. 46
Indore Development Authority vs. Manoharlal and Ors. E (2020) 8 SCC 129: [2020] 3 SCR 1 –followed. Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors. (2014) 3 SCC 183 : [2014] 1 SCR 783 – referred to. Case Law ReferenceF [2014] 1 SCR 783 referred to Para 2 [2020] 3 SCR 1 followed Para 2.1 CIV…
Supreme Court of India19 Apr 2023Full text
2023 INSC 394 · [2023] 4 S.C.R. 430
Allowing the appeals, the Court HELD: 1.1 While determining the arm’s length price, the tribunal has to follow the guidelines stipulated under Chapter X of the Income Tax Act, 1961, namely, Sections 92, 92A to 92CA, G 92D, 92E and 92F of the Act and Rules 10A to 10E of the Rules. Any determination of the arm’s length p…
Supreme Court of India19 Apr 2023Full text
2023 INSC 393 · [2023] 3 S.C.R. 498
G Constitution of India – Article 14 – Violation of – Undue indulgence granted by appellant-Authority – Held: There is no justification as to what was the reason for the Authority to grant undue indulgence to the respondent in depositing the instalments which ought to have been deposited by 31.10.1999 but were H 498 GW…
Supreme Court of India18 Apr 2023Full text
2023 INSC 391 · [2023] 5 S.C.R. 1092
including excessive harassment and denial of the fruits of her investment could all lead to a reasonable amount of compensation but, there appears absolutely no reason that compound interest be allowed in this matter – Award of compound interest had neither any foundation in the record nor any backing in law nor the F …
Supreme Court of India18 Apr 2023Full text
2023 INSC 390 · [2023] 4 S.C.R. 445
had indeed made substantial supplies against the purchase orders in question – On 18.09.2019, the respondent No.2 dealing with the procurement specifically informed the appellant that the supply under the purchase order in question was to be deferred – After such an order of deferment, there had not been any other comm…
Supreme Court of India13 Jan 2023Full text
2023 INSC 39 · [2023] 1 S.C.R. 683
Indore Development Authority Vs. Manoharlal and Ors, F (2020) 8 SCC 129 – followed. Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors. (2014) 3 SCC 183:[2014] (1) SCR 783; Shiv Kumar and Anr. Vs. Union of India and Ors., (2019) 10 SCC 229, Delhi Development G Authority Vs. Godfrey Philips (I)…
Supreme Court of India18 Apr 2023Full text
2023 INSC 389 · [2023] 4 S.C.R. 473
Shankar Divate, Adv. for the Petitioner. D Pai Amit, Ms. Pankhuri Bhardwaj, Abhiyudaya Vats, Advs. for the Respondent. The Judgment of the Court was delivered by RAJESH BINDAL, J. 1. The present petition has been filed by the petitioner-wife seeking E transfer of M.C. No. 331 of 2021 titled as “Dr. Edmond Clint Fernand…
Supreme Court of India18 Apr 2023Full text
2023 INSC 388 · [2023] 4 S.C.R. 246
– Factories Act 1948 – Chapter VI – s.59(1) – Constitution of India – Article 309, 313 – Fundamental Rules and the Supplementary F Rules 1922 – r. 11. Factories Act 1948 – Chapter VI – s.64 – Maharashtra Factories Rules, 1963 – r.100 – Held: Admittedly, the State Government is conferred with the power u/s.64(1) to make…
Supreme Court of India18 Apr 2023Full text
2023 INSC 386 · [2023] 4 S.C.R. 858
aside the order of the Single Judge and observed that the bar u/s. 34 of the SARFAESI Act was not absolute and restrained the appellant from selling the suit property until the final determination of the rights of the parties – On appeal, held: It is settled that the jurisdiction of the civil court is barred in respect…
Supreme Court of India18 Apr 2023Full text
2023 INSC 385 · [2023] 3 S.C.R. 802
802 SUPREME COURT[2023]REPORTS3 S.C.R. 802 [2023] 3 S.C.R. A GADDIPATI DIVIJA & ANR. v. PATHURI SAMRAJYAM & ORS. (Civil Appeal No. 4206-4207 of 2011) B APRIL 18, 2023 [KRISHNA MURARI AND SANJAY KAROL, JJ.] Specific Relief Act, 1963 – s. 16 – 2018 amendment – Specific Performance – Father of appellants executed an agree…
Supreme Court of India17 Apr 2023Full text
2023 INSC 383 · [2023] 4 S.C.R. 1
conjectures, and that too without appreciating the scope and object of s. 391 Cr.P.C. Code of Criminal Procedure, 1973 – s. 391 – Additional evidence at appellate stage – The touchstone of when the additional evidence at the appellate stage may be taken on record is not the H 1 2 SUPREME COURT REPORTS [2023] 4 S.C.R. A…
Supreme Court of India17 Apr 2023Full text
2023 INSC 381 · [2023] 6 S.C.R. 392
part of MMRCL to move the Tree Authority for the felling of any trees in excess of 84 trees – If circumstances had transpired which led to a variation in the number of trees to be cut, the only correct course of action would have been to move Supreme Court – Now, any direction to stay permission granted on 15.03.2023 w…
Supreme Court of India17 Apr 2023Full text
2023 INSC 380 · [2023] 3 S.C.R. 476
Judge, which was rejected – However, the same was allowed by the High Court with a direction that despite anticipatory bail, the CBI could apply for police remand of the respondent and that upon the completion of the police remand, the respondent would be set free immediately – On appeal, held: The purported recording …
Supreme Court of India13 Jan 2023Full text
2023 INSC 38 · [2023] 1 S.C.R. 677
Indore Development Authority vs Manoharlal & Ors. F (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. Pune Municipal Corporation & Anr. Vs Harakchand Misrimal Solanki & ors (2014) 3 SCC 183 : [2014] 1 SCR 783 - referred to. G Case Law Reference [2020] 3 SCR 1 followed Para 3 [2014] 1 SCR 783 referred to Para 2, 2.2 H 677 6…
Supreme Court of India17 Apr 2023Full text
2023 INSC 379 · [2023] 4 S.C.R. 18
– Powers conferred under Article 226 are rather wide but are F required to be exercised only in extraordinary circumstances – In matters where the legislature has provided for a specific mechanism for appropriate redressal, constitutional remedy not to be resorted to – Constitution of India – Art. 226. SARFAESI Act – P…
Supreme Court of India17 Apr 2023Full text
2023 INSC 378 · [2023] 4 S.C.R. 397
the murder of the victim and there being no other possible view which could be considered as missing in the link of chain of circumstances – Thus, the order passed by the High Court upheld – Evidence Act 1872 – ss. 8, 25 and 27. H 397 398 SUPREME COURT REPORTS [2023] 4 S.C.R. A Evidence Act, 1827: s 27 – How much of in…
Supreme Court of India17 Apr 2023Full text
2023 INSC 377 · [2023] 4 S.C.R. 133
Code of Criminal Procedure, 1973: s. 464 – Effect of omission to frame or absence of, or error in, charge – Held: Under s. 464, omission to frame a charge or any error in charge is never fatal G unless, in the opinion of the Court, a failure of justice has in fact been occasioned thereby – Instant case is of omission t…
Supreme Court of India17 Apr 2023Full text
2023 INSC 376 · [2023] 6 S.C.R. 479
paid by the assessee – Issue before the Supreme Court: Whether while levying penalty and interest leviable u/s 45(6) and s. 47(4A) mens rea on the part of the assessee is required to be considered – Held: The language used in s.45 is precise, plain and unambiguous that the moment any eventuality as mentioned in s. 45(5…
Also on Law on Tips: Bare Acts · Legal news and analysis