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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.
2,741–2,760 · Page 138 of 500
Supreme Court of India14 Dec 2023Full text
2023 INSC 1074 · [2023] 16 S.C.R. 1026
Held: A Tribunal functioning within the strict boundaries of the governing legislation, would not have the power to direct the formation of a policy – A Tribunal subject to the High Court’s jurisdiction under Article 226, cannot be permitted by law, to direct the framing of policy by the Government – Making policy is n…
Supreme Court of India14 Dec 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.
2,741–2,760 · Page 138 of 500
Supreme Court of India14 Dec 2023Full text
2023 INSC 1074 · [2023] 16 S.C.R. 1026
Held: A Tribunal functioning within the strict boundaries of the governing legislation, would not have the power to direct the formation of a policy – A Tribunal subject to the High Court’s jurisdiction under Article 226, cannot be permitted by law, to direct the framing of policy by the Government – Making policy is n…
Supreme Court of India14 Dec 2023Full text
2023 INSC 1073 · [2023] 15 S.C.R. 848
Prevention of Money Laundering Act, 2002 – s.3 and s.45 – An FIR was registered against one ‘S’ for the off ences u/ss.186, 204, 120-B, 353 and 384 of IPC – Thereafter, the Directorate of Enforcement registered an ECIR and appellant was arrested – The Special Court rejected bail application of the appellant – Then appel…
Supreme Court of India14 Dec 2023Full text
2023 INSC 1071 · [2023] 16 S.C.R. 969
969 970 SUPREME COURT REPORTS [2023] 16 S.C.R. out an exceptional situation, warranting an order of stay on his award of conviction, though partially – Potential ramifi cations of declining to suspend such a conviction are multifaceted – It would deprive the appellant’s constituency of its legitimate representation in t…
Supreme Court of India14 Dec 2023Full text
2023 INSC 1070 · [2023] 16 S.C.R. 1046
LIST OF CITATIONS AND OTHER REFERENCES State of M.P. v. Bani Singh, 1990 Supp SCC 738; H. Surendra Shetty v. Vijaya Bank, MG Road Bangalore & Ors., ILR 2000 Kar 2883; Union of India Vs. KV Janakiraman, [1991] 3 SCR 790: (1991) 4 SCC 109; Govt. of India Ministry of Home Affairs & Ors. v. Tarak Nath Ghosh, [1971] 3 SCR 71…
Supreme Court of India9 Feb 2023Full text
2023 INSC 107 · [2023] 1 S.C.R. 419
419 420 SUPREME COURT REPORTS [2023] 1 S.C.R. A Indore Development Authority vs Manoharlal & Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. Pune Municipal Corporation & Anr. v. Harakchand Misrimal Solanki & Ors (2014) 3 SCC 183 – held overruled. B Case Law Reference (2014) 3 SCC 183 held overruled Para 2.3 [2020] 3…
Supreme Court of India13 Dec 2023Full text
2023 INSC 1067 · [2023] 16 S.C.R. 955
956 SUPREME COURT REPORTS [2023] 16 S.C.R. those analysed in the case of P.S. Ramamohana Rao, would show clear parity – Just as under the A.P. Act where the defi nition of a “teacher” contained in Section 2(n) was an expansive one and extended not only to those persons who impart instructions, conduct and carry on resea…
Supreme Court of India1 Dec 2023Full text
2023 INSC 1065 · [2023] 15 S.C.R. 841
Code of Civil Procedure, 1908 – Order IX r.13; s.115 – Appellant fi led suit seeking a decree of specific performance of an agreement to sell – Ex-parte decree passed – Respondent filed an application u/Order IX r.13 for setting aside of ex-parte decree along with an application for condonation of delay – Dismissed – Revi…
Supreme Court of India10 Oct 2023Full text
2023 INSC 1064 · [2023] 15 S.C.R. 475
Service Law – Respondent-employee was dismissed by petitioner-bank – Before the High Court, the parties arrived at an amicable settlement in terms of a Joint Memo dated 17.06.2019 where under the petitioner-Bank agreed to substitute the penalty of dismissal from service imposed on the respondent-employee with the penal…
Supreme Court of India4 Dec 2023Full text
2023 INSC 1063 · [2023] 15 S.C.R. 313
Insolvency and Bankruptcy Code 2016 – s.61 – The appellant fi led an interlocutory application before the NCLT alleging inter alia that the reply to the s.7 application on behalf of the Corporate Debtor was filed by respondent no.2 without authorization of the Board of Directors or intimation to the appellant – On 17.05.…
Supreme Court of India8 Feb 2023Full text
2023 INSC 106 · [2023] 10 S.C.R. 368
– Substantial amendments were made to the original writ petitions however, such amendments were not brought to the notice of Supreme Court – As a result, the unamended writ petition was taken into consideration for the purpose of referring to the pleadings in the Judgment of Hon’ble Mrs. Justice B.V. Nagarathna – Prese…
Supreme Court of India11 Dec 2023Full text
2023 INSC 1059 · [2023] 15 S.C.R. 821
Held: The 1990 Act is not governed by the prescription of limitation u/Article 116 of the Limitation Act, 1963, as the appeal thereunder, from an order of the Commissioner of payments cannot be said to be an appeal under the Code of Civil Procedure, 1908– Legislature of the State of Assam has been categorical in limiti…
Supreme Court of India11 Dec 2023Full text
2023 INSC 1058 · [2023] 16 S.C.R. 1
a. Whether the provisions of Article 370 of the Constitution were temporary in nature or whether they acquired a status of permanence in the Constitution; b. Whether the amendment to Article 367 of the Constitution in exercise of the power under Article 370(1)(d) so as to substitute the reference to the “Constituent As…
Supreme Court of India8 Dec 2023Full text
2023 INSC 1057 · [2023] 16 S.C.R. 941
OTHER CASE DETAILS INCLUDING IMPUGNED ORDER AND APPEARANCES CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6106 of 2017. From the Judgment and Order dated 30.03.2015 of the High Court of Calcutta in MAT No.2117 of 2014. Appearances: Dr. Abhishek Manu Singhvi, Siddharth Bhatnagar, Sr. Advs., Nipun Katyal, Shashank Shekh…
Supreme Court of India29 Nov 2023Full text
2023 INSC 1056 · [2023] 16 S.C.R. 917
Held: s.29A was added as an amendment by Act 8 of 2018 with effect from 23.11.2017 – The objective was to cure the mischiefs of the persons who may be responsible for the financial situation of the company against trying to submit a plan and take over the company – On facts, there is no per say disqualifi cation u/s.29A –…
Supreme Court of India6 Dec 2023Full text
2023 INSC 1055 · [2023] 16 S.C.R. 933
Held: Perusal of the prayer made in the suit shows that in the alternative, only refund of earnest money along with interest has not been claimed, rather the buyer claimed adequate damages, which may include refund of the earnest money along with interest – Merely refunding the earnest money paid, after sixty years wou…
Supreme Court of India6 Dec 2023Full text
2023 INSC 1053 · [2023] 16 S.C.R. 484
Income Tax Act, 1961 – s.80-IA – The assessing officer accepted the claim of the assessee for deduction u/s. 80-IA of the Income Tax Act, 1961, he, however, did not accept the profi ts and gains of the eligible business computed by the assessee on the ground that those were infl ated by showing supply of power to its own i…
Supreme Court of India6 Dec 2023Full text
2023 INSC 1051 · [2023] 15 S.C.R. 621
621 622 SUPREME COURT REPORTS [2023] 15 S.C.R. Arbitration – Arbitration agreement – Consent as the basis for arbitration: Held (per Dr. Dhananjaya Y Chandrachud, CJI) (for himself, Hrishikesh Roy, J B Pardiwala and Manoj Misra, JJ.): Consensus ad idem between the parties forms the essential basis to constitute a valid…
Supreme Court of India29 Nov 2023Full text
2023 INSC 1049 · [2023] 16 S.C.R. 457
Held: Though the Government of NCTD is the appointing authority for all posts in NCTD in terms of the 1954 Rules, the Transaction of Business Rules places the appointments to the posts of Chief Secretary and Commissioners of Police, Secretary (Home) and Secretary (Lands) outside the competence of the GNCTD – Unlike oth…
Supreme Court of India30 Nov 2023Full text
2023 INSC 1048 · [2023] 16 S.C.R. 888
Service Law – Pay scale – Single post of same cadre – One offi cer given higher pay scale than the other – Correctness: Held: If governed by the same set of Rules, a single post of the same cadre could not have been isolated and granted a higher pay scale by merely considering the qualifications prescribed for the post – …
Supreme Court of India4 Dec 2023Full text
2023 INSC 1047 · [2023] 15 S.C.R. 808
– Dismissed by the High Court – Correctness: Held: Inference drawn about the proof of the charges by ignoring the relevant and material evidence being the deposition of the prosecution witness, the marksheet of 8th class of the appellant enclosed in the chargesheet and the original marksheet which have direct bearing o…
Also on Law on Tips: Bare Acts · Legal news and analysis
2023 INSC 1073 · [2023] 15 S.C.R. 848
Prevention of Money Laundering Act, 2002 – s.3 and s.45 – An FIR was registered against one ‘S’ for the off ences u/ss.186, 204, 120-B, 353 and 384 of IPC – Thereafter, the Directorate of Enforcement registered an ECIR and appellant was arrested – The Special Court rejected bail application of the appellant – Then appel…
Supreme Court of India14 Dec 2023Full text
2023 INSC 1071 · [2023] 16 S.C.R. 969
969 970 SUPREME COURT REPORTS [2023] 16 S.C.R. out an exceptional situation, warranting an order of stay on his award of conviction, though partially – Potential ramifi cations of declining to suspend such a conviction are multifaceted – It would deprive the appellant’s constituency of its legitimate representation in t…
Supreme Court of India14 Dec 2023Full text
2023 INSC 1070 · [2023] 16 S.C.R. 1046
LIST OF CITATIONS AND OTHER REFERENCES State of M.P. v. Bani Singh, 1990 Supp SCC 738; H. Surendra Shetty v. Vijaya Bank, MG Road Bangalore & Ors., ILR 2000 Kar 2883; Union of India Vs. KV Janakiraman, [1991] 3 SCR 790: (1991) 4 SCC 109; Govt. of India Ministry of Home Affairs & Ors. v. Tarak Nath Ghosh, [1971] 3 SCR 71…
Supreme Court of India9 Feb 2023Full text
2023 INSC 107 · [2023] 1 S.C.R. 419
419 420 SUPREME COURT REPORTS [2023] 1 S.C.R. A Indore Development Authority vs Manoharlal & Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. Pune Municipal Corporation & Anr. v. Harakchand Misrimal Solanki & Ors (2014) 3 SCC 183 – held overruled. B Case Law Reference (2014) 3 SCC 183 held overruled Para 2.3 [2020] 3…
Supreme Court of India13 Dec 2023Full text
2023 INSC 1067 · [2023] 16 S.C.R. 955
956 SUPREME COURT REPORTS [2023] 16 S.C.R. those analysed in the case of P.S. Ramamohana Rao, would show clear parity – Just as under the A.P. Act where the defi nition of a “teacher” contained in Section 2(n) was an expansive one and extended not only to those persons who impart instructions, conduct and carry on resea…
Supreme Court of India1 Dec 2023Full text
2023 INSC 1065 · [2023] 15 S.C.R. 841
Code of Civil Procedure, 1908 – Order IX r.13; s.115 – Appellant fi led suit seeking a decree of specific performance of an agreement to sell – Ex-parte decree passed – Respondent filed an application u/Order IX r.13 for setting aside of ex-parte decree along with an application for condonation of delay – Dismissed – Revi…
Supreme Court of India10 Oct 2023Full text
2023 INSC 1064 · [2023] 15 S.C.R. 475
Service Law – Respondent-employee was dismissed by petitioner-bank – Before the High Court, the parties arrived at an amicable settlement in terms of a Joint Memo dated 17.06.2019 where under the petitioner-Bank agreed to substitute the penalty of dismissal from service imposed on the respondent-employee with the penal…
Supreme Court of India4 Dec 2023Full text
2023 INSC 1063 · [2023] 15 S.C.R. 313
Insolvency and Bankruptcy Code 2016 – s.61 – The appellant fi led an interlocutory application before the NCLT alleging inter alia that the reply to the s.7 application on behalf of the Corporate Debtor was filed by respondent no.2 without authorization of the Board of Directors or intimation to the appellant – On 17.05.…
Supreme Court of India8 Feb 2023Full text
2023 INSC 106 · [2023] 10 S.C.R. 368
– Substantial amendments were made to the original writ petitions however, such amendments were not brought to the notice of Supreme Court – As a result, the unamended writ petition was taken into consideration for the purpose of referring to the pleadings in the Judgment of Hon’ble Mrs. Justice B.V. Nagarathna – Prese…
Supreme Court of India11 Dec 2023Full text
2023 INSC 1059 · [2023] 15 S.C.R. 821
Held: The 1990 Act is not governed by the prescription of limitation u/Article 116 of the Limitation Act, 1963, as the appeal thereunder, from an order of the Commissioner of payments cannot be said to be an appeal under the Code of Civil Procedure, 1908– Legislature of the State of Assam has been categorical in limiti…
Supreme Court of India11 Dec 2023Full text
2023 INSC 1058 · [2023] 16 S.C.R. 1
a. Whether the provisions of Article 370 of the Constitution were temporary in nature or whether they acquired a status of permanence in the Constitution; b. Whether the amendment to Article 367 of the Constitution in exercise of the power under Article 370(1)(d) so as to substitute the reference to the “Constituent As…
Supreme Court of India8 Dec 2023Full text
2023 INSC 1057 · [2023] 16 S.C.R. 941
OTHER CASE DETAILS INCLUDING IMPUGNED ORDER AND APPEARANCES CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6106 of 2017. From the Judgment and Order dated 30.03.2015 of the High Court of Calcutta in MAT No.2117 of 2014. Appearances: Dr. Abhishek Manu Singhvi, Siddharth Bhatnagar, Sr. Advs., Nipun Katyal, Shashank Shekh…
Supreme Court of India29 Nov 2023Full text
2023 INSC 1056 · [2023] 16 S.C.R. 917
Held: s.29A was added as an amendment by Act 8 of 2018 with effect from 23.11.2017 – The objective was to cure the mischiefs of the persons who may be responsible for the financial situation of the company against trying to submit a plan and take over the company – On facts, there is no per say disqualifi cation u/s.29A –…
Supreme Court of India6 Dec 2023Full text
2023 INSC 1055 · [2023] 16 S.C.R. 933
Held: Perusal of the prayer made in the suit shows that in the alternative, only refund of earnest money along with interest has not been claimed, rather the buyer claimed adequate damages, which may include refund of the earnest money along with interest – Merely refunding the earnest money paid, after sixty years wou…
Supreme Court of India6 Dec 2023Full text
2023 INSC 1053 · [2023] 16 S.C.R. 484
Income Tax Act, 1961 – s.80-IA – The assessing officer accepted the claim of the assessee for deduction u/s. 80-IA of the Income Tax Act, 1961, he, however, did not accept the profi ts and gains of the eligible business computed by the assessee on the ground that those were infl ated by showing supply of power to its own i…
Supreme Court of India6 Dec 2023Full text
2023 INSC 1051 · [2023] 15 S.C.R. 621
621 622 SUPREME COURT REPORTS [2023] 15 S.C.R. Arbitration – Arbitration agreement – Consent as the basis for arbitration: Held (per Dr. Dhananjaya Y Chandrachud, CJI) (for himself, Hrishikesh Roy, J B Pardiwala and Manoj Misra, JJ.): Consensus ad idem between the parties forms the essential basis to constitute a valid…
Supreme Court of India29 Nov 2023Full text
2023 INSC 1049 · [2023] 16 S.C.R. 457
Held: Though the Government of NCTD is the appointing authority for all posts in NCTD in terms of the 1954 Rules, the Transaction of Business Rules places the appointments to the posts of Chief Secretary and Commissioners of Police, Secretary (Home) and Secretary (Lands) outside the competence of the GNCTD – Unlike oth…
Supreme Court of India30 Nov 2023Full text
2023 INSC 1048 · [2023] 16 S.C.R. 888
Service Law – Pay scale – Single post of same cadre – One offi cer given higher pay scale than the other – Correctness: Held: If governed by the same set of Rules, a single post of the same cadre could not have been isolated and granted a higher pay scale by merely considering the qualifications prescribed for the post – …
Supreme Court of India4 Dec 2023Full text
2023 INSC 1047 · [2023] 15 S.C.R. 808
– Dismissed by the High Court – Correctness: Held: Inference drawn about the proof of the charges by ignoring the relevant and material evidence being the deposition of the prosecution witness, the marksheet of 8th class of the appellant enclosed in the chargesheet and the original marksheet which have direct bearing o…
Also on Law on Tips: Bare Acts · Legal news and analysis