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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.
2,521–2,540 · Page 127 of 500
Supreme Court of India6 Apr 2023Full text
2023 INSC 327 · [2023] 2 S.C.R. 756
s.132 before 01.06.2015, i.e., the date of the amendment – Finance Act, 2015. s.153C (amended by Finance Act, 2015)– Object/Purpose of – Stated. H 756 INCOME TAX OFFICER v. VIKRAM SUJITKUMAR BHATIA 757 Interpretation of Statutes: Taxing Statute – Interpretation of A machinery provision – Held: Courts, while interpretin…
Supreme Court of India6 Apr 2023Full text
2023 INSC 326 · [2023] 8 S.C.R. 1
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.
2,521–2,540 · Page 127 of 500
Supreme Court of India6 Apr 2023Full text
2023 INSC 327 · [2023] 2 S.C.R. 756
s.132 before 01.06.2015, i.e., the date of the amendment – Finance Act, 2015. s.153C (amended by Finance Act, 2015)– Object/Purpose of – Stated. H 756 INCOME TAX OFFICER v. VIKRAM SUJITKUMAR BHATIA 757 Interpretation of Statutes: Taxing Statute – Interpretation of A machinery provision – Held: Courts, while interpretin…
Supreme Court of India6 Apr 2023Full text
2023 INSC 326 · [2023] 8 S.C.R. 1
[2023] 8 S.C.R. 1 1 HARYANA POWER PURCHASE CENTRE A v. SASAN POWER LTD. & ORS. (Civil Appeal No. 11826 of 2018) APRIL 06, 2023 B [K. M. JOSEPH AND B. V. NAGARATHNA, JJ.] Electricity Laws – Appellate Tribunal for Electricity (APTEL) and Central Electricity Regulatory Commission (CERC), if empowered to disregard the expr…
Supreme Court of India6 Apr 2023Full text
2023 INSC 325 · [2023] 3 S.C.R. 310
the High Court – On appeal, held: Applying the law laid down in the case of Malabar Industrial Co. Ltd. and on perusal of the the assessment order as well as the order passed by the Commissioner of Income Tax, the Court is of the opinion that the assessment order was not only erroneous but prejudicial to the interest o…
Supreme Court of India5 Apr 2023Full text
2023 INSC 324 · [2023] 10 S.C.R. 595
reasonable and in compliance with the requirements of Articles 14 and 21 of the Constitution – Though confidentiality and national security are legitimate aims for the purpose of limiting procedural guarantees, the state has been unable to prove that these considerations arise in the present factual scenario – A blanke…
Supreme Court of India5 Apr 2023Full text
2023 INSC 323 · [2023] 3 S.C.R. 301
Gokaran Singh v. Ist Additional District and Sessions G Judge, Hardoi and Ors. 2000 SCC OnLine All 174 – referred to. Ajai Agarwal and Ors. v. Har Govind Prasad Singhal and Ors. (2005) 13 SCC 145 : [2005] 5 Suppl. SCR 21 – Distinguished. H 301 302 SUPREME COURT REPORTS [2023] 3 S.C.R. A Case Law Reference [2005] 5 Supp…
Supreme Court of India5 Apr 2023Full text
2023 INSC 322 · [2023] 6 S.C.R. 992
DR. DHANANJAYA Y CHANDRACHUD, CJI 1. A public interest litigation has been instituted by Dr Narendra Gupta in 2013 highlighting the fact that in the States of Bihar, Chhattisgarh G and Rajasthan, in particular, “unnecessary hysterectomies” were carried out under the Rashtriya Swasthya Bima Yojana as well as other gover…
Supreme Court of India29 Mar 2023Full text
2023 INSC 321 · [2023] 7 S.C.R. 347
[2023] 7 S.C.R. 347 347 M P HIGH COURT BAR ASSOCIATION A v. UNION OF INDIA & ORS (Writ Petition (Civil) No. 155 of 2023) MARCH 29, 2023 B [DR. DHANANJAYA Y CHANDRACHUD, CJI, PAMIDIGHANTAM SRI NARASIMHA AND J. B. PARDIWALA, JJ.] Debt Recovery Tribunals and Debt Recovery Appellate C Tribunals Electronic filing Rules, 202…
Supreme Court of India29 Mar 2023Full text
2023 INSC 320 · [2023] 3 S.C.R. 778
M. R. SHAH, J. 1. Present application being I.A. No. 56308 of 2023 has been preferred by the Union of India, Ministry of Corporation for appropriate directions to transfer an amount of Rs. 5,000 Crores out of unutilized Bamount of Rs. 23,937 Crores (lying in “Sahara-SEBI Refund Account”) to be disbursed against the leg…
Supreme Court of India29 Mar 2023Full text
2023 INSC 319 · [2023] 5 S.C.R. 20
20 SUPREME COURT[2023]REPORTS5 S.C.R. 20 [2023] 5 S.C.R. A PRASANTA KUMAR SAHOO & ORS. v. CHARULATA SAHU & ORS. (Civil Appeal No. 2913-2915 of 2018) B MARCH 29, 2023 [A. S. BOPANNA AND J. B. PARDIWALA, JJ.] Hindu Succession Act, 1956– Amendment in law governing the parties – Partition suit – s.6, 1956 Act was amended b…
Supreme Court of India29 Mar 2023Full text
2023 INSC 318 · [2023] 6 S.C.R. 359
Suit: Suit for possession, based on possessory title – Facts disclosing no title in either party at the relevant time – Prior possession – Relevance of – Held: In such circumstances, when the facts disclose no title in either party, at the relevant time, prior H 359 360 SUPREME COURT REPORTS [2023] 6 S.C.R. A possessio…
Supreme Court of India29 Mar 2023Full text
2023 INSC 317 · [2023] 4 S.C.R. 635
it purported to be – Further, the order of the Rent Controller did not purport to be a final disposal of the suit and what it did was that it merely stopped the proceedings and it did nothing more and therefore this is not final decision of the suit within the meaning of Or. 9 Rule 8 and Or. 17 Rule 3 resply of the CPC…
Supreme Court of India29 Mar 2023Full text
2023 INSC 314 · [2023] 6 S.C.R. 851
consistent and no good reason for the court to disbelieve the ocular version as narrated by the three eyewitnesses – Courts below recorded a concurrent finding that they are reliable witnesses – Suggestions put by the defence counsel in the cross-examination of the eyewitnesses establishes the presence of first informa…
Supreme Court of India29 Mar 2023Full text
2023 INSC 313 · [2023] 6 S.C.R. 259
[2023] 6 S.C.R. 259 259 CCE, AURANGABAD A v. M/S VIDEOCON INDUSTRIES LTD. THR. ITS DIRECTOR (Civil Appeal No. 5622 of 2009) MARCH 29, 2023 B [S. RAVINDRA BHAT AND DIPANKAR DATTA, JJ.] Customs Tariff Act, 1975 – First Schedule – Chapter 90 – LCD panels – Classification of – CESTAT held that the LCD panels imported by as…
Supreme Court of India28 Mar 2023Full text
2023 INSC 311 · [2023] 3 S.C.R. 697
[2023] 3 S.C.R. 697 697 MOHD MUSLIM @ HUSSAIN A v. STATE (NCT OF DELHI) (Criminal Appeal No(s). 943 of 2023) MARCH 28, 2023 B [S. RAVINDRA BHAT AND DIPANKAR DATTA, JJ.] Narcotic Drugs and Psychotropic Substances Act, 1985 – s.37 – Code of Criminal Procedure, 1973 – s.436A – Appellant accused of committing offences puni…
Supreme Court of India13 Jan 2023Full text
2023 INSC 31 · [2023] 1 S.C.R. 595
Laxman Naskar v. Union of India, (2002) 2 SCC 595; Union of India v. Sriharan @ Murugan (2016) 7 SCC 1 – relied on. Case Law Reference E (2002) 2 SCC 595 relied on Para 5 (2016) 7 SCC 1 relied on Para 6 CRIMINAL ORIGINAL JURISDICTION : Writ Petition (Crl.) No.323 of 2022. (Under Article 32 of The Constitution of India)…
Supreme Court of India28 Mar 2023Full text
2023 INSC 309 · [2023] 3 S.C.R. 714
intervene only when there are proven allegations of malfeasance or violations of statutory rules, or inherent arbitrariness. Words and Phrases: ‘Pharmacology’ and ‘Pharmacy’– Meaning of – Discussed. Allowing the appeals, the Court C HELD: 1.1 The Courts generally avoid interfering in the selection process of public emp…
Supreme Court of India28 Mar 2023Full text
2023 INSC 308 · [2023] 4 S.C.R. 596
parties except the OC, CD and IRP – It was only because of the delay caused by the NCLT in disposing of the applications u/s. 12A and Regn 30A that large number of creditors filed their claims – Inherent powers are to be invoked in order to meet the ends of justice which the NCLT failed to invoke – Thus, application fi…
Supreme Court of India28 Mar 2023Full text
2023 INSC 307 · [2023] 3 S.C.R. 766
State of Madhya Pradesh v. Surendra Singh (2015) 1 SCC 222 : [2014] 13 SCR 554; State of Punjab v. Saurabh Bakshi (2015) 5 SCC 182 : [2015] 3 SCR 590; State of Himachal Pradesh v. Ramchandra Rabidas G (2019) 10 SCC 75 : [2019] 15 SCR 771 – relied on. Case Law Reference [2014] 13 SCR 554 relied on Para 3.3 [2015] 3 SCR …
Supreme Court of India28 Mar 2023Full text
2023 INSC 306 · [2023] 4 S.C.R. 669
[2023] 4 S.C.R. 669 669 SHIVA KUMAR @ SHIVA @ SHIVAMURTHY A v. STATE OF KARNATAKA (Criminal Appeal No. 942 of 2023) MARCH 28, 2023 B [ABHAY S. OKA AND RAJESH BINDAL, JJ.] Penal Code, 1860 – ss.366, 376 and 302 – Power to impose modified punishment – Appellant convicted u/ss. 366, 376 and 302 IPC – Trial Court sentenced…
Supreme Court of India28 Mar 2023Full text
2023 INSC 305 · [2023] 4 S.C.R. 616
616 PULEN PHUKAN & ORS. v. THE STATE OF ASSAM 617 Allowing the appeal, the Court A HELD: 1.1 The prosecution is not to accept the complainant’s version as Gospel Truth and proceed in that direction but the investigation must be made in a fair and transparent manner and must ascertain the truth. The evidence collected d…
Also on Law on Tips: Bare Acts · Legal news and analysis
[2023] 8 S.C.R. 1 1 HARYANA POWER PURCHASE CENTRE A v. SASAN POWER LTD. & ORS. (Civil Appeal No. 11826 of 2018) APRIL 06, 2023 B [K. M. JOSEPH AND B. V. NAGARATHNA, JJ.] Electricity Laws – Appellate Tribunal for Electricity (APTEL) and Central Electricity Regulatory Commission (CERC), if empowered to disregard the expr…
Supreme Court of India6 Apr 2023Full text
2023 INSC 325 · [2023] 3 S.C.R. 310
the High Court – On appeal, held: Applying the law laid down in the case of Malabar Industrial Co. Ltd. and on perusal of the the assessment order as well as the order passed by the Commissioner of Income Tax, the Court is of the opinion that the assessment order was not only erroneous but prejudicial to the interest o…
Supreme Court of India5 Apr 2023Full text
2023 INSC 324 · [2023] 10 S.C.R. 595
reasonable and in compliance with the requirements of Articles 14 and 21 of the Constitution – Though confidentiality and national security are legitimate aims for the purpose of limiting procedural guarantees, the state has been unable to prove that these considerations arise in the present factual scenario – A blanke…
Supreme Court of India5 Apr 2023Full text
2023 INSC 323 · [2023] 3 S.C.R. 301
Gokaran Singh v. Ist Additional District and Sessions G Judge, Hardoi and Ors. 2000 SCC OnLine All 174 – referred to. Ajai Agarwal and Ors. v. Har Govind Prasad Singhal and Ors. (2005) 13 SCC 145 : [2005] 5 Suppl. SCR 21 – Distinguished. H 301 302 SUPREME COURT REPORTS [2023] 3 S.C.R. A Case Law Reference [2005] 5 Supp…
Supreme Court of India5 Apr 2023Full text
2023 INSC 322 · [2023] 6 S.C.R. 992
DR. DHANANJAYA Y CHANDRACHUD, CJI 1. A public interest litigation has been instituted by Dr Narendra Gupta in 2013 highlighting the fact that in the States of Bihar, Chhattisgarh G and Rajasthan, in particular, “unnecessary hysterectomies” were carried out under the Rashtriya Swasthya Bima Yojana as well as other gover…
Supreme Court of India29 Mar 2023Full text
2023 INSC 321 · [2023] 7 S.C.R. 347
[2023] 7 S.C.R. 347 347 M P HIGH COURT BAR ASSOCIATION A v. UNION OF INDIA & ORS (Writ Petition (Civil) No. 155 of 2023) MARCH 29, 2023 B [DR. DHANANJAYA Y CHANDRACHUD, CJI, PAMIDIGHANTAM SRI NARASIMHA AND J. B. PARDIWALA, JJ.] Debt Recovery Tribunals and Debt Recovery Appellate C Tribunals Electronic filing Rules, 202…
Supreme Court of India29 Mar 2023Full text
2023 INSC 320 · [2023] 3 S.C.R. 778
M. R. SHAH, J. 1. Present application being I.A. No. 56308 of 2023 has been preferred by the Union of India, Ministry of Corporation for appropriate directions to transfer an amount of Rs. 5,000 Crores out of unutilized Bamount of Rs. 23,937 Crores (lying in “Sahara-SEBI Refund Account”) to be disbursed against the leg…
Supreme Court of India29 Mar 2023Full text
2023 INSC 319 · [2023] 5 S.C.R. 20
20 SUPREME COURT[2023]REPORTS5 S.C.R. 20 [2023] 5 S.C.R. A PRASANTA KUMAR SAHOO & ORS. v. CHARULATA SAHU & ORS. (Civil Appeal No. 2913-2915 of 2018) B MARCH 29, 2023 [A. S. BOPANNA AND J. B. PARDIWALA, JJ.] Hindu Succession Act, 1956– Amendment in law governing the parties – Partition suit – s.6, 1956 Act was amended b…
Supreme Court of India29 Mar 2023Full text
2023 INSC 318 · [2023] 6 S.C.R. 359
Suit: Suit for possession, based on possessory title – Facts disclosing no title in either party at the relevant time – Prior possession – Relevance of – Held: In such circumstances, when the facts disclose no title in either party, at the relevant time, prior H 359 360 SUPREME COURT REPORTS [2023] 6 S.C.R. A possessio…
Supreme Court of India29 Mar 2023Full text
2023 INSC 317 · [2023] 4 S.C.R. 635
it purported to be – Further, the order of the Rent Controller did not purport to be a final disposal of the suit and what it did was that it merely stopped the proceedings and it did nothing more and therefore this is not final decision of the suit within the meaning of Or. 9 Rule 8 and Or. 17 Rule 3 resply of the CPC…
Supreme Court of India29 Mar 2023Full text
2023 INSC 314 · [2023] 6 S.C.R. 851
consistent and no good reason for the court to disbelieve the ocular version as narrated by the three eyewitnesses – Courts below recorded a concurrent finding that they are reliable witnesses – Suggestions put by the defence counsel in the cross-examination of the eyewitnesses establishes the presence of first informa…
Supreme Court of India29 Mar 2023Full text
2023 INSC 313 · [2023] 6 S.C.R. 259
[2023] 6 S.C.R. 259 259 CCE, AURANGABAD A v. M/S VIDEOCON INDUSTRIES LTD. THR. ITS DIRECTOR (Civil Appeal No. 5622 of 2009) MARCH 29, 2023 B [S. RAVINDRA BHAT AND DIPANKAR DATTA, JJ.] Customs Tariff Act, 1975 – First Schedule – Chapter 90 – LCD panels – Classification of – CESTAT held that the LCD panels imported by as…
Supreme Court of India28 Mar 2023Full text
2023 INSC 311 · [2023] 3 S.C.R. 697
[2023] 3 S.C.R. 697 697 MOHD MUSLIM @ HUSSAIN A v. STATE (NCT OF DELHI) (Criminal Appeal No(s). 943 of 2023) MARCH 28, 2023 B [S. RAVINDRA BHAT AND DIPANKAR DATTA, JJ.] Narcotic Drugs and Psychotropic Substances Act, 1985 – s.37 – Code of Criminal Procedure, 1973 – s.436A – Appellant accused of committing offences puni…
Supreme Court of India13 Jan 2023Full text
2023 INSC 31 · [2023] 1 S.C.R. 595
Laxman Naskar v. Union of India, (2002) 2 SCC 595; Union of India v. Sriharan @ Murugan (2016) 7 SCC 1 – relied on. Case Law Reference E (2002) 2 SCC 595 relied on Para 5 (2016) 7 SCC 1 relied on Para 6 CRIMINAL ORIGINAL JURISDICTION : Writ Petition (Crl.) No.323 of 2022. (Under Article 32 of The Constitution of India)…
Supreme Court of India28 Mar 2023Full text
2023 INSC 309 · [2023] 3 S.C.R. 714
intervene only when there are proven allegations of malfeasance or violations of statutory rules, or inherent arbitrariness. Words and Phrases: ‘Pharmacology’ and ‘Pharmacy’– Meaning of – Discussed. Allowing the appeals, the Court C HELD: 1.1 The Courts generally avoid interfering in the selection process of public emp…
Supreme Court of India28 Mar 2023Full text
2023 INSC 308 · [2023] 4 S.C.R. 596
parties except the OC, CD and IRP – It was only because of the delay caused by the NCLT in disposing of the applications u/s. 12A and Regn 30A that large number of creditors filed their claims – Inherent powers are to be invoked in order to meet the ends of justice which the NCLT failed to invoke – Thus, application fi…
Supreme Court of India28 Mar 2023Full text
2023 INSC 307 · [2023] 3 S.C.R. 766
State of Madhya Pradesh v. Surendra Singh (2015) 1 SCC 222 : [2014] 13 SCR 554; State of Punjab v. Saurabh Bakshi (2015) 5 SCC 182 : [2015] 3 SCR 590; State of Himachal Pradesh v. Ramchandra Rabidas G (2019) 10 SCC 75 : [2019] 15 SCR 771 – relied on. Case Law Reference [2014] 13 SCR 554 relied on Para 3.3 [2015] 3 SCR …
Supreme Court of India28 Mar 2023Full text
2023 INSC 306 · [2023] 4 S.C.R. 669
[2023] 4 S.C.R. 669 669 SHIVA KUMAR @ SHIVA @ SHIVAMURTHY A v. STATE OF KARNATAKA (Criminal Appeal No. 942 of 2023) MARCH 28, 2023 B [ABHAY S. OKA AND RAJESH BINDAL, JJ.] Penal Code, 1860 – ss.366, 376 and 302 – Power to impose modified punishment – Appellant convicted u/ss. 366, 376 and 302 IPC – Trial Court sentenced…
Supreme Court of India28 Mar 2023Full text
2023 INSC 305 · [2023] 4 S.C.R. 616
616 PULEN PHUKAN & ORS. v. THE STATE OF ASSAM 617 Allowing the appeal, the Court A HELD: 1.1 The prosecution is not to accept the complainant’s version as Gospel Truth and proceed in that direction but the investigation must be made in a fair and transparent manner and must ascertain the truth. The evidence collected d…
Also on Law on Tips: Bare Acts · Legal news and analysis