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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.
2,501–2,520 · Page 126 of 500
Supreme Court of India11 Apr 2023Full text
2023 INSC 348 · [2023] 3 S.C.R. 366
– High Court upheld the order of the lower appellate court – On appeal, held: On facts, the respondent failed to establish ownership by way of adverse possession – Title and ownership to the suit E property established in favour of the appellants – Admissions and submissions by the respondent that property in dispute i…
Supreme Court of India10 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.
2,501–2,520 · Page 126 of 500
Supreme Court of India11 Apr 2023Full text
2023 INSC 348 · [2023] 3 S.C.R. 366
– High Court upheld the order of the lower appellate court – On appeal, held: On facts, the respondent failed to establish ownership by way of adverse possession – Title and ownership to the suit E property established in favour of the appellants – Admissions and submissions by the respondent that property in dispute i…
Supreme Court of India10 Apr 2023Full text
2023 INSC 346 · [2023] 6 S.C.R. 505
weeded out from the list of advocates enrolled with the Bar Councils – The due verification of advocates who are enrolled with the State Bar Councils, is of utmost importance to preserve the integrity of the administration of justice – According to Bar Council of India, the intent of the letter dated 01.11.2022 was not…
Supreme Court of India10 Apr 2023Full text
2023 INSC 345 · [2023] 3 S.C.R. 321
Special Judge was available to the CBI, the respondent-accused got himself hospitalised on 18.04.2021. On 21.04.2021, the learned Special Judge granted interim bail to the accused. As per the settled position of law therefore once on bail/interim bail, during that period there cannot be any police custody. Therefore, C…
Supreme Court of India10 Apr 2023Full text
2023 INSC 344 · [2023] 2 S.C.R. 793
authorities within the COFEPOSA Act, there exists no friction between the judgments – The mandate to wait for the decision of the Advisory Board, as per the Pankaj Kumar Judgment would apply to the Central Govt., however, the detaining authority, being independent of the Govt., can pass its decision without the decisio…
Supreme Court of India10 Apr 2023Full text
2023 INSC 342 · [2023] 4 S.C.R. 51
that no further inquiry can be held against the respondent – On appeal, held: Some of the charges against the respondent were very serious in nature, such as pronouncing the operative portion of the judgment in open court without the whole text of the judgment being ready, and similarly the conduct of auction sale of p…
Supreme Court of India10 Apr 2023Full text
2023 INSC 341 · [2023] 5 S.C.R. 1067
respondent and forfeited the amount deposited– Respondent applied before the DRT for the extension of time to deposit the balance amount – DRT directed the Authorized officer to maintain status quo – In appeal, the DRAT permitted the Authorized Officer to proceed with fresh auction without, however, vacating the order …
Supreme Court of India13 Jan 2023Full text
2023 INSC 34 · [2023] 4 S.C.R. 140
140 SUPREME COURT[2023]REPORTS4 S.C.R. 140 [2023] 4 S.C.R. A MANIK MAJUMDER AND OTHERS v. DIPAK KUMAR SAHA (DEAD) THROUGH LRS. & OTHERS (Civil Appeal No. 2965 of 2022) JANUARY 13, 2023 B [M. R. SHAH AND B. V. NAGARATHNA, JJ.] Registration Act, 1908 – ss. 32, 33 and 60 – Execution of sale deed on the strength of a deed …
Supreme Court of India10 Apr 2023Full text
2023 INSC 339 · [2023] 2 S.C.R. 788
by the High Court not sustainable and set aside – Land Acquisition Act, 1897. Indore Development Authority Vs. Manoharlal and Ors. (2020) 8 SCC 129 – followed. F Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors. (2014) 3 SCC 183 : [2014] (1) SCR 783 – referred to. Case Law Reference [2014] 1…
Supreme Court of India10 Apr 2023Full text
2023 INSC 338 · [2023] 2 S.C.R. 819
is unsustainable and is quashed and set aside. CRIMINAL APPELLATE JURISDICTION: Criminal Appeal Nos. 1025-1026 of 2023. From the Judgment and Order dated 04.05.2022 of the High Court of Punjab & Haryana at Chandigarh in CRM-M Nos. 54107 of 2021 G and 8233 of 2022. K M Nataraj, A.S.G., Vatsal Joshi, Sharath Nambiar, Ms.…
Supreme Court of India10 Apr 2023Full text
2023 INSC 337 · [2023] 2 S.C.R. 824
Mehmood Pracha, Ms. K. V. Bharathi Upadhyaya, Sanawar B Choudhary, Jatin Bhatt, Dhruv Yadav, Advs. for the Appellant. Tushar Mehta, SG, Rajat Nair, Ms. Swati Ghildiyal, Madhav Sinhal, Ms. Devyani Bhatt, Advs. for the Respondent. The Judgment of the Court was delivered by C M. R. SHAH, J. 1. Leave granted. 2. Feeling ag…
Supreme Court of India10 Apr 2023Full text
2023 INSC 336 · [2023] 2 S.C.R. 834
834 SUPREME COURT[2023]REPORTS2 S.C.R. 834 [2023] 2 S.C.R. A R. HEMALATHA v. KASHTHURI Civil Appeal No. 2535 of 2023 B APRIL 10, 2023 [M. R. SHAH AND KRISHNA MURARI, JJ.] Registration Act, 1908 – ss.17(1A), Proviso to s.49 – Specific Relief Act, 1877 – Chapter-II – Suit for specific performance – Unregistered Agreement…
Supreme Court of India10 Apr 2023Full text
2023 INSC 335 · [2023] 4 S.C.R. 361
[2023] 4 S.C.R. 361 361 BHIMASHANKAR SAHAKARI SAKKARE KARKHANE A NIYAMITA v. WALCHANDNAGAR INDUSTRIES LTD. (WIL) (Civil Appeal No. 6810 of 2022) B APRIL 10, 2023 [M. R. SHAH AND KRISHNA MURARI, JJ.] Arbitration and Conciliation Act, 1996 – s.34(3) – Limitation Act, 1963 – s.2(j) r/w s.4 – “period of limitation” – Gener…
Supreme Court of India10 Apr 2023Full text
2023 INSC 334 · [2023] 2 S.C.R. 846
Further, as noted in Vidya Drolia’s case, if this duty within the limited compass is not exercised, and the Court becomes too reluctant to intervene,…
Supreme Court of India10 Apr 2023Full text
2023 INSC 333 · [2023] 2 S.C.R. 870
Land Acquisition Act, 1894 – Determination of compensation F – Negotiated price – Held: Landowners aggrieved by the amount of compensation determined by the Land Acquisition Officer are not bound by the negotiated price agreed by the other landowners, however, in the present case, the same can be said to be a relevant …
Supreme Court of India10 Apr 2023Full text
2023 INSC 332 · [2023] 4 S.C.R. 324
Tax/Taxation: Aspect theory – Application of – Held: There can be two different taxes/levies under different heads by applying the aspect G theory – The same activity can be taxed as ‘goods’ and ‘services’ provided the contract is indivisible and on the aspect of services there may be levy of service tax. Sale of goods…
Supreme Court of India10 Apr 2023Full text
2023 INSC 331 · [2023] 4 S.C.R. 338
the “profits and gains derived from industrial undertakings” mentioned in s. 80-IB – It was held in Liberty India that DEPB/Duty Drawback Schemes are incentives which flow from the schemes framed by the Central Government or from section 75 of the Customs Act, 1962 and hence, incentive profits are not profits derived f…
Supreme Court of India10 Apr 2023Full text
2023 INSC 330 · [2023] 8 S.C.R. 452
452 SUPREME COURT[2023]REPORTS8 S.C.R. 452 [2023] 8 S.C.R. A MANSAROVAR COMMERCIAL PVT. LTD. v. COMMISSIONER OF INCOME TAX, DELHI (Civil Appeal No. 5769 of 2022) B APRIL 10, 2023 [M. R. SHAH AND B. V. NAGARATHNA, JJ.] Constitution of India – The Constitution (Thirty Sixth Amendment) Act, 1975 – Art. 371-F – Sikkim Stat…
Supreme Court of India13 Jan 2023Full text
2023 INSC 33 · [2023] 1 S.C.R. 507
Allowing the appeal, the Court HELD : 1. The argument that it is the rate prevailing on the date of grant of in-principle approval which would govern G Respondent No.1 is not acceptable. The rights and liabilities of the parties stand crystallized on the date of entering into the agreement, which is 22.05.2012. Therefo…
Supreme Court of India10 Apr 2023Full text
2023 INSC 329 · [2023] 4 S.C.R. 382
382 SUPREME COURT[2023]REPORTS4 S.C.R. 382 [2023] 4 S.C.R. A M/S US TECHNOLOGIES INTERNATIONAL PVT. LTD. v. THE COMMISSIONER OF INCOME TAX (Civil Appeal No. 7934 of 2011) B APRIL 10, 2023 [M. R. SHAH AND C. T. RAVIKUMAR, JJ.] Income Tax Act, 1961 – s.271C – Interpretation of – Belated remittance of the TDS after deduct…
Supreme Court of India10 Apr 2023Full text
2023 INSC 328 · [2023] 4 S.C.R. 63
[2023] 4 S.C.R. 63 63 M/S RECKITT BENCKISER (INDIA) LTD. A v. COMMISSIONER COMMERCIAL TAXES & ORS. (Civil Appeal No.1335 of 2010) B APRIL 10, 2023 [M. R. SHAH AND KRISHNA MURARI, JJ.] Kerala VAT Act, 2003 – s. 6(1)(d), Entry No.44(5)of the III Schedule – Entry 27(4) and 66 of notification SRO 82/06 – Appellant’s case t…
Also on Law on Tips: Bare Acts · Legal news and analysis
2023 INSC 346 · [2023] 6 S.C.R. 505
weeded out from the list of advocates enrolled with the Bar Councils – The due verification of advocates who are enrolled with the State Bar Councils, is of utmost importance to preserve the integrity of the administration of justice – According to Bar Council of India, the intent of the letter dated 01.11.2022 was not…
Supreme Court of India10 Apr 2023Full text
2023 INSC 345 · [2023] 3 S.C.R. 321
Special Judge was available to the CBI, the respondent-accused got himself hospitalised on 18.04.2021. On 21.04.2021, the learned Special Judge granted interim bail to the accused. As per the settled position of law therefore once on bail/interim bail, during that period there cannot be any police custody. Therefore, C…
Supreme Court of India10 Apr 2023Full text
2023 INSC 344 · [2023] 2 S.C.R. 793
authorities within the COFEPOSA Act, there exists no friction between the judgments – The mandate to wait for the decision of the Advisory Board, as per the Pankaj Kumar Judgment would apply to the Central Govt., however, the detaining authority, being independent of the Govt., can pass its decision without the decisio…
Supreme Court of India10 Apr 2023Full text
2023 INSC 342 · [2023] 4 S.C.R. 51
that no further inquiry can be held against the respondent – On appeal, held: Some of the charges against the respondent were very serious in nature, such as pronouncing the operative portion of the judgment in open court without the whole text of the judgment being ready, and similarly the conduct of auction sale of p…
Supreme Court of India10 Apr 2023Full text
2023 INSC 341 · [2023] 5 S.C.R. 1067
respondent and forfeited the amount deposited– Respondent applied before the DRT for the extension of time to deposit the balance amount – DRT directed the Authorized officer to maintain status quo – In appeal, the DRAT permitted the Authorized Officer to proceed with fresh auction without, however, vacating the order …
Supreme Court of India13 Jan 2023Full text
2023 INSC 34 · [2023] 4 S.C.R. 140
140 SUPREME COURT[2023]REPORTS4 S.C.R. 140 [2023] 4 S.C.R. A MANIK MAJUMDER AND OTHERS v. DIPAK KUMAR SAHA (DEAD) THROUGH LRS. & OTHERS (Civil Appeal No. 2965 of 2022) JANUARY 13, 2023 B [M. R. SHAH AND B. V. NAGARATHNA, JJ.] Registration Act, 1908 – ss. 32, 33 and 60 – Execution of sale deed on the strength of a deed …
Supreme Court of India10 Apr 2023Full text
2023 INSC 339 · [2023] 2 S.C.R. 788
by the High Court not sustainable and set aside – Land Acquisition Act, 1897. Indore Development Authority Vs. Manoharlal and Ors. (2020) 8 SCC 129 – followed. F Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors. (2014) 3 SCC 183 : [2014] (1) SCR 783 – referred to. Case Law Reference [2014] 1…
Supreme Court of India10 Apr 2023Full text
2023 INSC 338 · [2023] 2 S.C.R. 819
is unsustainable and is quashed and set aside. CRIMINAL APPELLATE JURISDICTION: Criminal Appeal Nos. 1025-1026 of 2023. From the Judgment and Order dated 04.05.2022 of the High Court of Punjab & Haryana at Chandigarh in CRM-M Nos. 54107 of 2021 G and 8233 of 2022. K M Nataraj, A.S.G., Vatsal Joshi, Sharath Nambiar, Ms.…
Supreme Court of India10 Apr 2023Full text
2023 INSC 337 · [2023] 2 S.C.R. 824
Mehmood Pracha, Ms. K. V. Bharathi Upadhyaya, Sanawar B Choudhary, Jatin Bhatt, Dhruv Yadav, Advs. for the Appellant. Tushar Mehta, SG, Rajat Nair, Ms. Swati Ghildiyal, Madhav Sinhal, Ms. Devyani Bhatt, Advs. for the Respondent. The Judgment of the Court was delivered by C M. R. SHAH, J. 1. Leave granted. 2. Feeling ag…
Supreme Court of India10 Apr 2023Full text
2023 INSC 336 · [2023] 2 S.C.R. 834
834 SUPREME COURT[2023]REPORTS2 S.C.R. 834 [2023] 2 S.C.R. A R. HEMALATHA v. KASHTHURI Civil Appeal No. 2535 of 2023 B APRIL 10, 2023 [M. R. SHAH AND KRISHNA MURARI, JJ.] Registration Act, 1908 – ss.17(1A), Proviso to s.49 – Specific Relief Act, 1877 – Chapter-II – Suit for specific performance – Unregistered Agreement…
Supreme Court of India10 Apr 2023Full text
2023 INSC 335 · [2023] 4 S.C.R. 361
[2023] 4 S.C.R. 361 361 BHIMASHANKAR SAHAKARI SAKKARE KARKHANE A NIYAMITA v. WALCHANDNAGAR INDUSTRIES LTD. (WIL) (Civil Appeal No. 6810 of 2022) B APRIL 10, 2023 [M. R. SHAH AND KRISHNA MURARI, JJ.] Arbitration and Conciliation Act, 1996 – s.34(3) – Limitation Act, 1963 – s.2(j) r/w s.4 – “period of limitation” – Gener…
Supreme Court of India10 Apr 2023Full text
2023 INSC 334 · [2023] 2 S.C.R. 846
Further, as noted in Vidya Drolia’s case, if this duty within the limited compass is not exercised, and the Court becomes too reluctant to intervene,…
Supreme Court of India10 Apr 2023Full text
2023 INSC 333 · [2023] 2 S.C.R. 870
Land Acquisition Act, 1894 – Determination of compensation F – Negotiated price – Held: Landowners aggrieved by the amount of compensation determined by the Land Acquisition Officer are not bound by the negotiated price agreed by the other landowners, however, in the present case, the same can be said to be a relevant …
Supreme Court of India10 Apr 2023Full text
2023 INSC 332 · [2023] 4 S.C.R. 324
Tax/Taxation: Aspect theory – Application of – Held: There can be two different taxes/levies under different heads by applying the aspect G theory – The same activity can be taxed as ‘goods’ and ‘services’ provided the contract is indivisible and on the aspect of services there may be levy of service tax. Sale of goods…
Supreme Court of India10 Apr 2023Full text
2023 INSC 331 · [2023] 4 S.C.R. 338
the “profits and gains derived from industrial undertakings” mentioned in s. 80-IB – It was held in Liberty India that DEPB/Duty Drawback Schemes are incentives which flow from the schemes framed by the Central Government or from section 75 of the Customs Act, 1962 and hence, incentive profits are not profits derived f…
Supreme Court of India10 Apr 2023Full text
2023 INSC 330 · [2023] 8 S.C.R. 452
452 SUPREME COURT[2023]REPORTS8 S.C.R. 452 [2023] 8 S.C.R. A MANSAROVAR COMMERCIAL PVT. LTD. v. COMMISSIONER OF INCOME TAX, DELHI (Civil Appeal No. 5769 of 2022) B APRIL 10, 2023 [M. R. SHAH AND B. V. NAGARATHNA, JJ.] Constitution of India – The Constitution (Thirty Sixth Amendment) Act, 1975 – Art. 371-F – Sikkim Stat…
Supreme Court of India13 Jan 2023Full text
2023 INSC 33 · [2023] 1 S.C.R. 507
Allowing the appeal, the Court HELD : 1. The argument that it is the rate prevailing on the date of grant of in-principle approval which would govern G Respondent No.1 is not acceptable. The rights and liabilities of the parties stand crystallized on the date of entering into the agreement, which is 22.05.2012. Therefo…
Supreme Court of India10 Apr 2023Full text
2023 INSC 329 · [2023] 4 S.C.R. 382
382 SUPREME COURT[2023]REPORTS4 S.C.R. 382 [2023] 4 S.C.R. A M/S US TECHNOLOGIES INTERNATIONAL PVT. LTD. v. THE COMMISSIONER OF INCOME TAX (Civil Appeal No. 7934 of 2011) B APRIL 10, 2023 [M. R. SHAH AND C. T. RAVIKUMAR, JJ.] Income Tax Act, 1961 – s.271C – Interpretation of – Belated remittance of the TDS after deduct…
Supreme Court of India10 Apr 2023Full text
2023 INSC 328 · [2023] 4 S.C.R. 63
[2023] 4 S.C.R. 63 63 M/S RECKITT BENCKISER (INDIA) LTD. A v. COMMISSIONER COMMERCIAL TAXES & ORS. (Civil Appeal No.1335 of 2010) B APRIL 10, 2023 [M. R. SHAH AND KRISHNA MURARI, JJ.] Kerala VAT Act, 2003 – s. 6(1)(d), Entry No.44(5)of the III Schedule – Entry 27(4) and 66 of notification SRO 82/06 – Appellant’s case t…
Also on Law on Tips: Bare Acts · Legal news and analysis