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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.
2,581–2,600 · Page 130 of 500
Supreme Court of India17 Mar 2023Full text
2023 INSC 259 · [2023] 6 S.C.R. 209
– Based on *Pune Municipal Corporation’s case on the interpretation of s. 24(2) of 2013 Act, several decision passed by this Court – D However, the Pune Municipal Corporation’s case subsequently overruled by the Constitution Bench in **Indore Development Authority’s case – Constitution Bench specifically observed and h…
Supreme Court of India17 Mar 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.
2,581–2,600 · Page 130 of 500
Supreme Court of India17 Mar 2023Full text
2023 INSC 259 · [2023] 6 S.C.R. 209
– Based on *Pune Municipal Corporation’s case on the interpretation of s. 24(2) of 2013 Act, several decision passed by this Court – D However, the Pune Municipal Corporation’s case subsequently overruled by the Constitution Bench in **Indore Development Authority’s case – Constitution Bench specifically observed and h…
Supreme Court of India17 Mar 2023Full text
2023 INSC 258 · [2023] 2 S.C.R. 981
is for the time being in force in the larger urban area shall, notwithstanding anything contained in any other law, apply to and be in force in the additional area, from the date that area in question is included in the city. To simplify, Clause (b) merely states that whatever appointments, notifications, notices, rule…
Supreme Court of India17 Mar 2023Full text
2023 INSC 257 · [2023] 2 S.C.R. 1090
application to declare the de-facto complainant hostile – However, the said application was rejected – Petitioner filed transfer petition – Petitioner alleged multiple abnormalities during the trial, such as change of Public Prosecutor four times and harassment meted out to the prosecution witnesses and relatives of th…
Supreme Court of India17 Mar 2023Full text
2023 INSC 256 · [2023] 2 S.C.R. 728
E Dama Seshadri Naidu, Sr. Adv., Pai Amit, Rohit R. Saboo, Ms. Pankhuri Bhardwaj, Abhiyudaya Vats, Advs. for the Appellant. P. V. Yogeswaran, A.A.G., Ms. Rukhmini Bobde, Pashupathi Nath Razdan, Ms. Soumya Priyadarshinee, Ankit Ambasta, Amit Kumar Srivastava, Amlaan Kumar, Advs. for the Respondents. F The Judgment of th…
Supreme Court of India17 Mar 2023Full text
2023 INSC 255 · [2023] 2 S.C.R. 1081
4(2) has to be construed and considered as mandatory – Nobody can plead any ignorance or that he had no knowledge to make such declaration/application for ownership certificate – Thus, once a person in control, custody or possession of any wildlife animal or wildlife animal article, fails to file such declaration/appli…
Supreme Court of India17 Mar 2023Full text
2023 INSC 254 · [2023] 5 S.C.R. 490
2. Now, so far as the appeals preferred by the original writ petitioners against the impugned judgment and order passed by the Division Bench of the High Court restricting the benefit of DCA at Rs.533/- per day from January, 2020, is concerned, at the outset it is required to be noted that no cogent reasons have D been…
Supreme Court of India17 Mar 2023Full text
2023 INSC 253 · [2023] 2 S.C.R. 696
there shall be a lapse on the part of the Acquiring Body / beneficiary in not taking the possession and not paying the compensation – Both the conditions not satisfied – There was a consent award under the 1894 Act – Possession was taken by drawing the panchnama at the time of passing of the consent award – However, be…
Supreme Court of India17 Mar 2023Full text
2023 INSC 252 · [2023] 2 S.C.R. 1112
Disposing of the appeals, the Court Held: 1. The nature and gravity of the alleged offence has G been disregarded. So has the financial stature, position and standing of the accused vis-à-vis the appellant/prosecutrix been ignored. The High Court has granted anticipatory bail in favour of the respondent No. 2/accused i…
Supreme Court of India17 Mar 2023Full text
2023 INSC 250 · [2023] 2 S.C.R. 1014
Code of Criminal Procedure, 1973 – s. 482 – Restraint on exercise of powers under Judicial Review – Held: Judicial restraint is a virtue, and the predilections of individual judges, howsoever B well intentioned, cannot be permitted to be operated in utter disregard of the well-recognized judicial principles governing u…
Supreme Court of India12 Jan 2023Full text
2023 INSC 25 · [2023] 1 S.C.R. 841
[2023] 1 S.C.R. 841 841 RANVIR SINGH ETC. ETC. A v. THE STATE OF MADHYA PRADESH (Criminal Appeal Nos. 1384-1385 of 2009) JANUARY 12, 2023 B [B. R. GAVAI AND M. M. SUNDRESH, JJ.] Penal Code, 1860 – ss. 148, 302/149, 324/149, 304 Part-II – Acquittal under – Appellants-accused persons were charged of having committed an o…
Supreme Court of India17 Mar 2023Full text
2023 INSC 249 · [2023] 2 S.C.R. 1037
– High Court remanded the matter back to the scrutiny committee – The scrutiny committee held that the caste certificate of the appellant was not correct based on vigilance and experts reports – Aggrieved by this, the appellant again approached the High Court, but the writ petition and the contempt petition were dismis…
Supreme Court of India17 Mar 2023Full text
2023 INSC 248 · [2023] 2 S.C.R. 713
[2023] 2 S.C.R. 713 713 INDIAN RAILWAY CONSTRUCTION COMPANY LIMITED A v. M/S NATIONAL BUILDINGS CONSTRUCTION CORPORATION LIMITED (Civil Appeal No. 8460 of 2022) B MARCH 17, 2023 [M. R. SHAH AND M. M. SUNDRESH, JJ.] Arbitration & Conciliation Act, 1996 – ss. 34, 37 – Appellant-CIRCON and the respondent-NBCC entered into…
Supreme Court of India17 Mar 2023Full text
2023 INSC 247 · [2023] 2 S.C.R. 1049
H 1049 1050 SUPREME COURT REPORTS [2023] 2 S.C.R. A Allowing the appeal, the Court HELD: 1. The contentions urged on behalf of the respondents, seeking to put the employees of the Board at par with the employees of the State Government for all purposes, carry their own shortcomings. Even if Orissa Khadi and Village B I…
Supreme Court of India17 Mar 2023Full text
2023 INSC 246 · [2023] 3 S.C.R. 1026
its agency by the Board. No other persons including the unsecured creditors comes into picture like preparing the schem…
Supreme Court of India17 Mar 2023Full text
2023 INSC 245 · [2023] 2 S.C.R. 997
G Allowing the appeal, the Court HELD: 1.1 The proof of demand within the meaning of Section 7 cannot be a simpliciter demand for money but it has to be a demand of gratification other than legal remuneration. All that PW-5 says is when the appellant visited the shop of the H 997 998 SUPREME COURT REPORTS [2023] 2 S.C.…
Supreme Court of India16 Mar 2023Full text
2023 INSC 243 · [2023] 2 S.C.R. 958
Ms. Sonal Gupta, M/s. Parekh & Co., Advs. for the Appellant. H 958 M/S. CREATIVE GARMENTS LTD. v. KASHIRAM VERMA 959 The Judgment of the Court was delivered by A RAJESH BINDAL, J. 1. The Management has filed the present appeal challenging the order passed by the Division Bench of the High Court of Judicature at Bombay …
Supreme Court of India16 Mar 2023Full text
2023 INSC 242 · [2023] 2 S.C.R. 682
H 682 PRADEEP KUMAR v. STATE OF CHHATTISGARH 683 Allowing the appeal, the Court A HELD: 1. The impugned judgement to say the least, is sketchy. The presumption of the guilt of appellant-accused by both the courts below is based on improper and incomplete appreciation of evidence which in the considered view of this Cou…
Supreme Court of India16 Mar 2023Full text
2023 INSC 241 · [2023] 2 S.C.R. 746
746 SUPREME COURT[2023]REPORTS2 S.C.R. 746 [2023] 2 S.C.R. A NARENDRASINH KESHUBHAI ZALA v. STATE OF GUJARAT (Criminal Appeal No. 1179 of 2012) B MARCH 16, 2023 [B. R. GAVAI, VIKRAM NATH AND SANJAY KAROL, JJ.] Penal Code, 1860 – ss. 302/34 – Arms Act, 1959 – ss. 25(1) A, 27(2) – Acquittal of accused – Appellant was acc…
Supreme Court of India16 Mar 2023Full text
2023 INSC 240 · [2023] 3 S.C.R. 782
Sharad Birdhichand Sarda v. State of Mahrashtra G (1984) 4 SCC 116 : [1985] 1 SCR 88; Venkatesh v. State of Karnataka 2022 SCC OnLine SC 765; Shatrughna Baban Meshram v. State of Maharashtra, (2021) 1 SCC 596; Pappu v. State of Uttar Pradesh (2022) 10 SCC 321; Hanumant Govind Nargundkar v. State of M.P. (1952) 2 SCC 71…
Supreme Court of India12 Jan 2023Full text
2023 INSC 24 · [2023] 1 S.C.R. 823
Penal Code, 1860 – s. 84 – Plea of Insanity – S.84 of the Code recognized only the ‘acts’ which could not be termed as an offence – For the said section to apply such an act must emanate G from an unsound mind – Existence of an unsound mind is a sine qua non to the applicability of the provision – A mere medical insani…
Also on Law on Tips: Bare Acts · Legal news and analysis
2023 INSC 258 · [2023] 2 S.C.R. 981
is for the time being in force in the larger urban area shall, notwithstanding anything contained in any other law, apply to and be in force in the additional area, from the date that area in question is included in the city. To simplify, Clause (b) merely states that whatever appointments, notifications, notices, rule…
Supreme Court of India17 Mar 2023Full text
2023 INSC 257 · [2023] 2 S.C.R. 1090
application to declare the de-facto complainant hostile – However, the said application was rejected – Petitioner filed transfer petition – Petitioner alleged multiple abnormalities during the trial, such as change of Public Prosecutor four times and harassment meted out to the prosecution witnesses and relatives of th…
Supreme Court of India17 Mar 2023Full text
2023 INSC 256 · [2023] 2 S.C.R. 728
E Dama Seshadri Naidu, Sr. Adv., Pai Amit, Rohit R. Saboo, Ms. Pankhuri Bhardwaj, Abhiyudaya Vats, Advs. for the Appellant. P. V. Yogeswaran, A.A.G., Ms. Rukhmini Bobde, Pashupathi Nath Razdan, Ms. Soumya Priyadarshinee, Ankit Ambasta, Amit Kumar Srivastava, Amlaan Kumar, Advs. for the Respondents. F The Judgment of th…
Supreme Court of India17 Mar 2023Full text
2023 INSC 255 · [2023] 2 S.C.R. 1081
4(2) has to be construed and considered as mandatory – Nobody can plead any ignorance or that he had no knowledge to make such declaration/application for ownership certificate – Thus, once a person in control, custody or possession of any wildlife animal or wildlife animal article, fails to file such declaration/appli…
Supreme Court of India17 Mar 2023Full text
2023 INSC 254 · [2023] 5 S.C.R. 490
2. Now, so far as the appeals preferred by the original writ petitioners against the impugned judgment and order passed by the Division Bench of the High Court restricting the benefit of DCA at Rs.533/- per day from January, 2020, is concerned, at the outset it is required to be noted that no cogent reasons have D been…
Supreme Court of India17 Mar 2023Full text
2023 INSC 253 · [2023] 2 S.C.R. 696
there shall be a lapse on the part of the Acquiring Body / beneficiary in not taking the possession and not paying the compensation – Both the conditions not satisfied – There was a consent award under the 1894 Act – Possession was taken by drawing the panchnama at the time of passing of the consent award – However, be…
Supreme Court of India17 Mar 2023Full text
2023 INSC 252 · [2023] 2 S.C.R. 1112
Disposing of the appeals, the Court Held: 1. The nature and gravity of the alleged offence has G been disregarded. So has the financial stature, position and standing of the accused vis-à-vis the appellant/prosecutrix been ignored. The High Court has granted anticipatory bail in favour of the respondent No. 2/accused i…
Supreme Court of India17 Mar 2023Full text
2023 INSC 250 · [2023] 2 S.C.R. 1014
Code of Criminal Procedure, 1973 – s. 482 – Restraint on exercise of powers under Judicial Review – Held: Judicial restraint is a virtue, and the predilections of individual judges, howsoever B well intentioned, cannot be permitted to be operated in utter disregard of the well-recognized judicial principles governing u…
Supreme Court of India12 Jan 2023Full text
2023 INSC 25 · [2023] 1 S.C.R. 841
[2023] 1 S.C.R. 841 841 RANVIR SINGH ETC. ETC. A v. THE STATE OF MADHYA PRADESH (Criminal Appeal Nos. 1384-1385 of 2009) JANUARY 12, 2023 B [B. R. GAVAI AND M. M. SUNDRESH, JJ.] Penal Code, 1860 – ss. 148, 302/149, 324/149, 304 Part-II – Acquittal under – Appellants-accused persons were charged of having committed an o…
Supreme Court of India17 Mar 2023Full text
2023 INSC 249 · [2023] 2 S.C.R. 1037
– High Court remanded the matter back to the scrutiny committee – The scrutiny committee held that the caste certificate of the appellant was not correct based on vigilance and experts reports – Aggrieved by this, the appellant again approached the High Court, but the writ petition and the contempt petition were dismis…
Supreme Court of India17 Mar 2023Full text
2023 INSC 248 · [2023] 2 S.C.R. 713
[2023] 2 S.C.R. 713 713 INDIAN RAILWAY CONSTRUCTION COMPANY LIMITED A v. M/S NATIONAL BUILDINGS CONSTRUCTION CORPORATION LIMITED (Civil Appeal No. 8460 of 2022) B MARCH 17, 2023 [M. R. SHAH AND M. M. SUNDRESH, JJ.] Arbitration & Conciliation Act, 1996 – ss. 34, 37 – Appellant-CIRCON and the respondent-NBCC entered into…
Supreme Court of India17 Mar 2023Full text
2023 INSC 247 · [2023] 2 S.C.R. 1049
H 1049 1050 SUPREME COURT REPORTS [2023] 2 S.C.R. A Allowing the appeal, the Court HELD: 1. The contentions urged on behalf of the respondents, seeking to put the employees of the Board at par with the employees of the State Government for all purposes, carry their own shortcomings. Even if Orissa Khadi and Village B I…
Supreme Court of India17 Mar 2023Full text
2023 INSC 246 · [2023] 3 S.C.R. 1026
its agency by the Board. No other persons including the unsecured creditors comes into picture like preparing the schem…
Supreme Court of India17 Mar 2023Full text
2023 INSC 245 · [2023] 2 S.C.R. 997
G Allowing the appeal, the Court HELD: 1.1 The proof of demand within the meaning of Section 7 cannot be a simpliciter demand for money but it has to be a demand of gratification other than legal remuneration. All that PW-5 says is when the appellant visited the shop of the H 997 998 SUPREME COURT REPORTS [2023] 2 S.C.…
Supreme Court of India16 Mar 2023Full text
2023 INSC 243 · [2023] 2 S.C.R. 958
Ms. Sonal Gupta, M/s. Parekh & Co., Advs. for the Appellant. H 958 M/S. CREATIVE GARMENTS LTD. v. KASHIRAM VERMA 959 The Judgment of the Court was delivered by A RAJESH BINDAL, J. 1. The Management has filed the present appeal challenging the order passed by the Division Bench of the High Court of Judicature at Bombay …
Supreme Court of India16 Mar 2023Full text
2023 INSC 242 · [2023] 2 S.C.R. 682
H 682 PRADEEP KUMAR v. STATE OF CHHATTISGARH 683 Allowing the appeal, the Court A HELD: 1. The impugned judgement to say the least, is sketchy. The presumption of the guilt of appellant-accused by both the courts below is based on improper and incomplete appreciation of evidence which in the considered view of this Cou…
Supreme Court of India16 Mar 2023Full text
2023 INSC 241 · [2023] 2 S.C.R. 746
746 SUPREME COURT[2023]REPORTS2 S.C.R. 746 [2023] 2 S.C.R. A NARENDRASINH KESHUBHAI ZALA v. STATE OF GUJARAT (Criminal Appeal No. 1179 of 2012) B MARCH 16, 2023 [B. R. GAVAI, VIKRAM NATH AND SANJAY KAROL, JJ.] Penal Code, 1860 – ss. 302/34 – Arms Act, 1959 – ss. 25(1) A, 27(2) – Acquittal of accused – Appellant was acc…
Supreme Court of India16 Mar 2023Full text
2023 INSC 240 · [2023] 3 S.C.R. 782
Sharad Birdhichand Sarda v. State of Mahrashtra G (1984) 4 SCC 116 : [1985] 1 SCR 88; Venkatesh v. State of Karnataka 2022 SCC OnLine SC 765; Shatrughna Baban Meshram v. State of Maharashtra, (2021) 1 SCC 596; Pappu v. State of Uttar Pradesh (2022) 10 SCC 321; Hanumant Govind Nargundkar v. State of M.P. (1952) 2 SCC 71…
Supreme Court of India12 Jan 2023Full text
2023 INSC 24 · [2023] 1 S.C.R. 823
Penal Code, 1860 – s. 84 – Plea of Insanity – S.84 of the Code recognized only the ‘acts’ which could not be termed as an offence – For the said section to apply such an act must emanate G from an unsound mind – Existence of an unsound mind is a sine qua non to the applicability of the provision – A mere medical insani…
Also on Law on Tips: Bare Acts · Legal news and analysis