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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.
2,681–2,700 · Page 135 of 500
Supreme Court of India22 Feb 2023Full text
2023 INSC 152 · [2023] 2 S.C.R. 529
Allowing the appeal, the Court HELD: 1.1 The power of judicial review of the High Courts in the matter of classification of posts and determination of pay H 529 530 SUPREME COURT REPORTS [2023] 2 S.C.R. A scale is no more res integra. Equation of posts and equation of salaries is a complex matter which is best left to …
Supreme Court of India22 Feb 2023Full text
2023 INSC 151 · [2023] 3 S.C.R. 942
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.
2,681–2,700 · Page 135 of 500
Supreme Court of India22 Feb 2023Full text
2023 INSC 152 · [2023] 2 S.C.R. 529
Allowing the appeal, the Court HELD: 1.1 The power of judicial review of the High Courts in the matter of classification of posts and determination of pay H 529 530 SUPREME COURT REPORTS [2023] 2 S.C.R. A scale is no more res integra. Equation of posts and equation of salaries is a complex matter which is best left to …
Supreme Court of India22 Feb 2023Full text
2023 INSC 151 · [2023] 3 S.C.R. 942
942 SUPREME COURT[2023]REPORTS3 S.C.R. 942 [2023] 3 S.C.R. A VAHITHA v. STATE OF TAMIL NADU (Criminal Appeal No. 762 of 2012) B FEBRUARY 22, 2023 [DINESH MAHESHWARI AND BELA M. TRIVEDI, JJ.] Penal Code, 1860 – s.302 – Conviction under – Strangulation of child – Prosecution case that appellant strangulated her five year…
Supreme Court of India21 Feb 2023Full text
2023 INSC 150 · [2023] 2 S.C.R. 511
512 SUPREME COURT REPORTS [2023] 2 S.C.R. A Rupsingh Rathod. Therefore, the use of the phrase: ‘shall be inquired into and tried only by a Court within whose local jurisdiction……’in Section 142(2) of the Act 1881 is contextual to the ratio laid down in Dashrath Rupsingh Rathod to the contrary, whereby territorial juris…
Supreme Court of India5 Jan 2023Full text
2023 INSC 15 · [2023] 1 S.C.R. 1111
Allowing the appeal, the Court HELD: 1.1 It would not be fair on the part of the Court to give a direction to do something which is impossible and if a H 1111 1112 SUPREME COURT REPORTS [2023] 1 S.C.R. A person has been directed to do something which is impossible, and if he fails to do so, he cannot be held guilty, th…
Supreme Court of India21 Feb 2023Full text
2023 INSC 149 · [2023] 2 S.C.R. 497
Allowing the appeals, the Court G HELD: The decree awarded (on agreement by both parties) captures, in essence, parts (A) to (D) of the prayer made by the Respondents in their suit. They are analogous to the terms of the agreement dated 28.03.2019, which allude only to the ‘sale of the 50% shareholding of the defendant…
Supreme Court of India21 Feb 2023Full text
2023 INSC 148 · [2023] 2 S.C.R. 519
– The investigating agency did not find any incriminating material against the appellants, and a challan was filed only against the husband and the mother-in-law of the deceased – Thereafter, respondent no. 1 filed an application u/s 319 Cr.P.C. before trial Court to summon the appellants as additional accused – Trial …
Supreme Court of India21 Feb 2023Full text
2023 INSC 147 · [2023] 2 S.C.R. 487
F Allowing the appeal, the Court HELD: 1.1 As per Regulation 42 of the Secondary Education Regulations 1974, the provisions contained in the said Regulations framed under the said Act prevail over those provisions contained in the Grant-in-Aid Code published under Gthe government notification dated 22.04.1964, insofar …
Supreme Court of India20 Feb 2023Full text
2023 INSC 146 · [2023] 4 S.C.R. 680
APARNA AJINKYA FIRODIA v. AJINKYA ARUN FIRODIA 681 [Per V. Ramasubramanian, J. (Concurring)] – The question as to the A permission of DNA test is to be analysed through the prism of the child and not through the prism of the parents – The child cannot be used as a pawn to show that the mother of the child was living in…
Supreme Court of India20 Feb 2023Full text
2023 INSC 145 · [2023] 2 S.C.R. 543
aside – However, on facts, private respondents belonging to the special category comprising of women, ex-servicemen and physically challenged be considered to be accommodated in their respective reserved category, provided they do not exceed the percentage of reservation permissible, without upsetting the H 543 544 SUP…
Supreme Court of India20 Feb 2023Full text
2023 INSC 144 · [2023] 2 S.C.R. 422
Test, Wednesbury Principle and Proportionality Test – Discussed – Administrative Law. Allowing the appeals, the Court HELD: 1. Whether the Appellants are bound by the G compensation as per the agreement under the Land Acquisition rules, and have waived off their right to seek enhanced compensation? The Respondent Autho…
Supreme Court of India17 Feb 2023Full text
2023 INSC 140 · [2023] 2 S.C.R. 416
Indore Development Authority v. Manoharlal and Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. Pune Municipal Corporation and Anr. vs. Harakchand G Misirimal Solanki and Ors. (2014) 3 SCC 183 : [2014] 1 SCR 783 – referred to. Case Law Reference [2014] 1 SCR 783 referred to Para 3 H [2020] 3 SCR 1 followed Para 3 416…
Supreme Court of India5 Jan 2023Full text
2023 INSC 14 · [2023] 1 S.C.R. 553
1.2 An appeal under Section 18 of the SARFAESI Act is E permissible against the order passed by the DRT under Section 17 of the SARFAESI Act. Under Section 17, the scope of enquiry is limited to the steps taken under Section 13(4) against the secured assets. Therefore, whatever amount is mentioned in the notice under S…
Supreme Court of India17 Feb 2023Full text
2023 INSC 139 · [2023] 2 S.C.R. 411
Indore Development Authority v. Manoharlal and Ors. E (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. Pune Municipal Corporation and Anr. vs. Harakchand Misirimal Solankiand Ors. (2014) 3 SCC 183 : [2014] 1 SCR 783–referred to. Case Law Reference F [2014] 1 SCR 783 referredto Para2 [2020] 3 SCR 1 followed Para 2.1 CIVIL …
Supreme Court of India17 Feb 2023Full text
2023 INSC 138 · [2023] 2 S.C.R. 397
(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 CIVIL APPELLATE JURISDICTION : Civil Appeal No.942 of …
Supreme Court of India17 Feb 2023Full text
2023 INSC 137 · [2023] 2 S.C.R. 392
Indore Development Authority v. 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 3 G CIV…
Supreme Court of India17 Feb 2023Full text
2023 INSC 136 · [2023] 3 S.C.R. 194
Thus, closing the power plants would adversely affect power sector of the State and which shall not be in the larger public interest – Appellant permitted to continue with the power plants subject to compliance of all the conditions mentioned in the EC as well as additional conditions imposed vide corrigendum to the EC…
Supreme Court of India17 Feb 2023Full text
2023 INSC 135 · [2023] 2 S.C.R. 388
Government (NCT of Delhi) Vs. Manav Dharam Trust and Anr., (2017) 6 SCC 751 : [2017] 4 SCR 232; Shiv Kumar and Anr. Vs. Union of India and Ors., (2019) 10 SCC 229; Delhi Development Authority Vs. Godfrey Philips (I) Ltd. & Ors., (Civil Appeal No. 3073 of 2022) F – referred to. Case Law Reference [2017] 4 SCR 232 referr…
Supreme Court of India17 Feb 2023Full text
2023 INSC 134 · [2023] 2 S.C.R. 369
– It also erred in ordering that the respondent shall be entitled to all consequential benefits including the benefit of past services Erendered in DRDO for computing her terminal benefits directed to be paid by NTRO – Further, High Court committed serious error in observing that she would be entitled to all such benef…
Supreme Court of India17 Feb 2023Full text
2023 INSC 133 · [2023] 2 S.C.R. 402
402 SUPREME COURT[2023]REPORTS2 S.C.R. 402 [2023] 2 S.C.R. A RAM GOPAL S/O MANSHARAM v. STATE OF MADHYA PRADESH (Special Leave Petition (Criminal) No. 9221 of 2018) B FEBRUARY 17, 2023 [AJAY RASTOGI AND BELA M. TRIVEDI, JJ.] Penal Code, 1860 – s.302 – Conviction under – Evidence Act 1872 – s. 106 – Prosecution case is …
Supreme Court of India17 Feb 2023Full text
2023 INSC 132 · [2023] 5 S.C.R. 582
DR. DHANANJAYA Y CHANDRACHUD, CJI 1. The jurisdiction of this Court under Article 32 of the Constitution B has been invoked for seeking diverse reliefs pertaining to the constitution of the Municipal Corporation of Delhi following the elections which took place on 4 December 2022. These elections were held to elect 250…
Also on Law on Tips: Bare Acts · Legal news and analysis
942 SUPREME COURT[2023]REPORTS3 S.C.R. 942 [2023] 3 S.C.R. A VAHITHA v. STATE OF TAMIL NADU (Criminal Appeal No. 762 of 2012) B FEBRUARY 22, 2023 [DINESH MAHESHWARI AND BELA M. TRIVEDI, JJ.] Penal Code, 1860 – s.302 – Conviction under – Strangulation of child – Prosecution case that appellant strangulated her five year…
Supreme Court of India21 Feb 2023Full text
2023 INSC 150 · [2023] 2 S.C.R. 511
512 SUPREME COURT REPORTS [2023] 2 S.C.R. A Rupsingh Rathod. Therefore, the use of the phrase: ‘shall be inquired into and tried only by a Court within whose local jurisdiction……’in Section 142(2) of the Act 1881 is contextual to the ratio laid down in Dashrath Rupsingh Rathod to the contrary, whereby territorial juris…
Supreme Court of India5 Jan 2023Full text
2023 INSC 15 · [2023] 1 S.C.R. 1111
Allowing the appeal, the Court HELD: 1.1 It would not be fair on the part of the Court to give a direction to do something which is impossible and if a H 1111 1112 SUPREME COURT REPORTS [2023] 1 S.C.R. A person has been directed to do something which is impossible, and if he fails to do so, he cannot be held guilty, th…
Supreme Court of India21 Feb 2023Full text
2023 INSC 149 · [2023] 2 S.C.R. 497
Allowing the appeals, the Court G HELD: The decree awarded (on agreement by both parties) captures, in essence, parts (A) to (D) of the prayer made by the Respondents in their suit. They are analogous to the terms of the agreement dated 28.03.2019, which allude only to the ‘sale of the 50% shareholding of the defendant…
Supreme Court of India21 Feb 2023Full text
2023 INSC 148 · [2023] 2 S.C.R. 519
– The investigating agency did not find any incriminating material against the appellants, and a challan was filed only against the husband and the mother-in-law of the deceased – Thereafter, respondent no. 1 filed an application u/s 319 Cr.P.C. before trial Court to summon the appellants as additional accused – Trial …
Supreme Court of India21 Feb 2023Full text
2023 INSC 147 · [2023] 2 S.C.R. 487
F Allowing the appeal, the Court HELD: 1.1 As per Regulation 42 of the Secondary Education Regulations 1974, the provisions contained in the said Regulations framed under the said Act prevail over those provisions contained in the Grant-in-Aid Code published under Gthe government notification dated 22.04.1964, insofar …
Supreme Court of India20 Feb 2023Full text
2023 INSC 146 · [2023] 4 S.C.R. 680
APARNA AJINKYA FIRODIA v. AJINKYA ARUN FIRODIA 681 [Per V. Ramasubramanian, J. (Concurring)] – The question as to the A permission of DNA test is to be analysed through the prism of the child and not through the prism of the parents – The child cannot be used as a pawn to show that the mother of the child was living in…
Supreme Court of India20 Feb 2023Full text
2023 INSC 145 · [2023] 2 S.C.R. 543
aside – However, on facts, private respondents belonging to the special category comprising of women, ex-servicemen and physically challenged be considered to be accommodated in their respective reserved category, provided they do not exceed the percentage of reservation permissible, without upsetting the H 543 544 SUP…
Supreme Court of India20 Feb 2023Full text
2023 INSC 144 · [2023] 2 S.C.R. 422
Test, Wednesbury Principle and Proportionality Test – Discussed – Administrative Law. Allowing the appeals, the Court HELD: 1. Whether the Appellants are bound by the G compensation as per the agreement under the Land Acquisition rules, and have waived off their right to seek enhanced compensation? The Respondent Autho…
Supreme Court of India17 Feb 2023Full text
2023 INSC 140 · [2023] 2 S.C.R. 416
Indore Development Authority v. Manoharlal and Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. Pune Municipal Corporation and Anr. vs. Harakchand G Misirimal Solanki and Ors. (2014) 3 SCC 183 : [2014] 1 SCR 783 – referred to. Case Law Reference [2014] 1 SCR 783 referred to Para 3 H [2020] 3 SCR 1 followed Para 3 416…
Supreme Court of India5 Jan 2023Full text
2023 INSC 14 · [2023] 1 S.C.R. 553
1.2 An appeal under Section 18 of the SARFAESI Act is E permissible against the order passed by the DRT under Section 17 of the SARFAESI Act. Under Section 17, the scope of enquiry is limited to the steps taken under Section 13(4) against the secured assets. Therefore, whatever amount is mentioned in the notice under S…
Supreme Court of India17 Feb 2023Full text
2023 INSC 139 · [2023] 2 S.C.R. 411
Indore Development Authority v. Manoharlal and Ors. E (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. Pune Municipal Corporation and Anr. vs. Harakchand Misirimal Solankiand Ors. (2014) 3 SCC 183 : [2014] 1 SCR 783–referred to. Case Law Reference F [2014] 1 SCR 783 referredto Para2 [2020] 3 SCR 1 followed Para 2.1 CIVIL …
Supreme Court of India17 Feb 2023Full text
2023 INSC 138 · [2023] 2 S.C.R. 397
(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 CIVIL APPELLATE JURISDICTION : Civil Appeal No.942 of …
Supreme Court of India17 Feb 2023Full text
2023 INSC 137 · [2023] 2 S.C.R. 392
Indore Development Authority v. 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 3 G CIV…
Supreme Court of India17 Feb 2023Full text
2023 INSC 136 · [2023] 3 S.C.R. 194
Thus, closing the power plants would adversely affect power sector of the State and which shall not be in the larger public interest – Appellant permitted to continue with the power plants subject to compliance of all the conditions mentioned in the EC as well as additional conditions imposed vide corrigendum to the EC…
Supreme Court of India17 Feb 2023Full text
2023 INSC 135 · [2023] 2 S.C.R. 388
Government (NCT of Delhi) Vs. Manav Dharam Trust and Anr., (2017) 6 SCC 751 : [2017] 4 SCR 232; Shiv Kumar and Anr. Vs. Union of India and Ors., (2019) 10 SCC 229; Delhi Development Authority Vs. Godfrey Philips (I) Ltd. & Ors., (Civil Appeal No. 3073 of 2022) F – referred to. Case Law Reference [2017] 4 SCR 232 referr…
Supreme Court of India17 Feb 2023Full text
2023 INSC 134 · [2023] 2 S.C.R. 369
– It also erred in ordering that the respondent shall be entitled to all consequential benefits including the benefit of past services Erendered in DRDO for computing her terminal benefits directed to be paid by NTRO – Further, High Court committed serious error in observing that she would be entitled to all such benef…
Supreme Court of India17 Feb 2023Full text
2023 INSC 133 · [2023] 2 S.C.R. 402
402 SUPREME COURT[2023]REPORTS2 S.C.R. 402 [2023] 2 S.C.R. A RAM GOPAL S/O MANSHARAM v. STATE OF MADHYA PRADESH (Special Leave Petition (Criminal) No. 9221 of 2018) B FEBRUARY 17, 2023 [AJAY RASTOGI AND BELA M. TRIVEDI, JJ.] Penal Code, 1860 – s.302 – Conviction under – Evidence Act 1872 – s. 106 – Prosecution case is …
Supreme Court of India17 Feb 2023Full text
2023 INSC 132 · [2023] 5 S.C.R. 582
DR. DHANANJAYA Y CHANDRACHUD, CJI 1. The jurisdiction of this Court under Article 32 of the Constitution B has been invoked for seeking diverse reliefs pertaining to the constitution of the Municipal Corporation of Delhi following the elections which took place on 4 December 2022. These elections were held to elect 250…
Also on Law on Tips: Bare Acts · Legal news and analysis