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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.
2,981–3,000 · Page 150 of 500
Supreme Court of India1 Aug 2022Full text
2022 INSC 777 · [2022] 5 S.C.R. 1112
HELD:1.Under the scheme of the IBC, the Insolvency B Resolution Process begins, when a default takes place, in the sense that a debt becomes due and is not paid. Where any Corporate Debtor commits default, a Financial Creditor, an Operational Creditor or the Corporate Debtor itself may initiate Corporate Insolvency Res…
Supreme Court of India1 Aug 2022Full 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.
2,981–3,000 · Page 150 of 500
Supreme Court of India1 Aug 2022Full text
2022 INSC 777 · [2022] 5 S.C.R. 1112
HELD:1.Under the scheme of the IBC, the Insolvency B Resolution Process begins, when a default takes place, in the sense that a debt becomes due and is not paid. Where any Corporate Debtor commits default, a Financial Creditor, an Operational Creditor or the Corporate Debtor itself may initiate Corporate Insolvency Res…
Supreme Court of India1 Aug 2022Full text
2022 INSC 776 · [2022] 6 S.C.R. 836
Appellants were not eligible for the appointment against such posts – Constitution of India, 1950 – Arts. 14 and 16 – U.P. Reservation Act of 1993 – s.3 – Service Law – Appointment – Of persons with disabilities. H 836 AJAY KUMAR PANDEY & ORS. v. STATE OF U.P. & ORS. 837 Disposing of the appeal, the Court A HELD:1. The…
Supreme Court of India1 Aug 2022Full text
2022 INSC 774 · [2022] 6 S.C.R. 1011
[2022] 6 S.C.R. 1011 1011 EIH LIMITED A v. NADIA A VIRJI (Civil Appeal Nos. 4797-4799 of 2022) AUGUST 01, 2022 B [M. R. SHAH AND B. V. NAGARATHNA, JJ.] West Bengal Premises Tenancy Act, 1997 – ss. 5(8), 3(f)(i), 18 – Applicability of – Civil Procedure Code, 1908 – Or.7, r.11 – Rejection of Plaint – Transfer of Property…
Supreme Court of India1 Aug 2022Full text
2022 INSC 773 · [2022] 6 S.C.R. 830
HELD:1. In an earlier round of litigation instituted by the original landowner - predecessor-in-title of the plaintiffs, being G O.S. No. 833 of 1961, he was held to be entitled to plaint A schedule land to the extent of 2 acres and 35 cents. Therefore, to that extent only the plaintiffs can protect their possession by…
Supreme Court of India29 Jul 2022Full text
2022 INSC 772 · [2022] 17 S.C.R. 236
difference of opinion, matter to be placed before Hon’ble the Chief Justice of India to constitute an appropriate bench to hear the matter – Constitution of India – Article 226. (In the judgment of Indira Banerjee, J. ) G.E. India Technology Centre Pvt. Ltd. v. Commissioner H of Income Tax and Anr. (2010) 327 ITR 456 (…
Supreme Court of India29 Jul 2022Full text
2022 INSC 771 · [2022] 13 S.C.R. 295
– s.307 falls in the category of heinous and serious offences and are to be treated as crime against society and not against the E individual alone – On a parity of reasoning, offence u/s. 306 would fall in the same category – An FIR u/s. 306 cannot even be quashed on the basis of any financial settlement with the info…
Supreme Court of India29 Jul 2022Full text
2022 INSC 770 · [2022] 4 S.C.R. 784
considering entire facts and circumstances and the environment in which the child had born, his return to US would be in his best interest – High Court have not considered the above factors – Custody of the child given to appellant – Judgement of High Court was set aside – Directions issued regarding the smooth return …
Supreme Court of India20 Jan 2022Full text
2022 INSC 77 · [2022] 1 S.C.R. 373
ESIC Recruitment Regulations 2008 which came into effect on 2 May 2009 and mandated four years of qualifying service for promotion from Assistant Professor to Associate Professor – When the contesting respondents had completed two years of service, they were governed by the ESIC Recruitment Regulations 2015 which came …
Supreme Court of India29 Jul 2022Full text
2022 INSC 769 · [2022] 17 S.C.R. 222
forefather and relatives of the Respondent No.1 as ‘Ganiger’ or ‘Ganiga’ – ‘Ganiger’ is a variant of the word ‘Ganiga’ found in north Karnataka region – Further, even if the Caste Certificate and the Validity Certificate are ignored, there are materials including a pre-constitution registered sale deed of the Responden…
Supreme Court of India29 Jul 2022Full text
2022 INSC 768 · [2022] 11 S.C.R. 539
[2022] 11 S.C.R. 539 539 M/s BHAGWANDAS B. RAMCHANDANI A v. BRITISH AIRWAYS (Civil Appeal No. 4978 of 2022) JULY 29, 2022 B [K. M. JOSEPH AND PAMIDIGHANTAM SRI NARASIMHA, JJ.] Air Act, 1972 – Rule 30 – Limitation Act, 1963 – ss. 3, 29, schedule – Does Limitation Act, 1963 apply to the period specified in Rule 30 of the…
Supreme Court of India28 Jul 2022Full text
2022 INSC 767 · [2022] 17 S.C.R. 1079
[2022] 17 S.C.R. 1079 1079 HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE A DEVELOPMENT CORPORATION LTD. & ORS. v. MR. DEEPAK AGGARWAL & ORS. (Special Leave Petition (C) No. 16631-16632 of 2018) B JULY 28, 2022 [A. M. KHANWILKAR, ABHAY S. OKA AND C. T. RAVIKUMAR, JJ.] Right to Fair Compensation and Transparency in Land Ac…
Supreme Court of India28 Jul 2022Full text
2022 INSC 766 · [2022] 7 S.C.R. 178
Akash Kakade, Somanatha Padhan, Swetab Kumar, Ashok Anand, Rakesh Kr. Singh, Bipin Bihari Singh, Advs. for the Appellants. Rahul Chitnis, Sachin Patil, Aaditya A. Pande, Geo Joseph, Ms. Shwetal Shepal, Advs. for the Respondent. H 180 SUPREME COURT REPORTS [2022] 7 S.C.R. A The Judgment of the Court was delivered by SAN…
Supreme Court of India28 Jul 2022Full text
2022 INSC 765 · [2022] 13 S.C.R. 403
Criminal Law – Concurrent findings of fact – Held: Cannot be interfered with unless shown to be perverse. H 403 404 SUPREME COURT REPORTS [2022] 13 S.C.R. A Allowing the appeal, the Court HELD: 1.1 For an offence punishable under Section 13(1)(d)(ii) read with Section 15 of the PC Act, it is necessary to establish that…
Supreme Court of India28 Jul 2022Full text
2022 INSC 764 · [2022] 11 S.C.R. 505
not and for what period during his absence – The Lawgiver has conferred a power with the management – The use of the words “in its opinion” indicates that the Managing Committee must apply its mind and consider all aspects and take a view – This must, undoubtedly, be done after putting the employee on notice – The empl…
Supreme Court of India28 Jul 2022Full text
2022 INSC 762 · [2022] 19 S.C.R. 998
B Word & Phrases– ‘execution’;‘execute’– Meaning of– Discussed– Karnataka Housing Board Act, 1962ss.24(2), 33(2). Directing C.A. Nos.7011-13/2013, 9002- 9003/2013 and 7017-19/2013 to be listed before appropriate Bench for consideration on their own merits, the Court C HELD: 1.1 The contention that initiation of acquisi…
Supreme Court of India28 Jul 2022Full text
2022 INSC 761 · [2022] 10 S.C.R. 448
448 SUPREME COURT[2022]REPORTS10 S.C.R. 448 [2022] 10 S.C.R. A THE STATE OF KARNATAKA & ANR. v. B. R. MURALIDHAR & ORS. (Civil Appeal No. 1966 of 2013) B JULY 28, 2022 [A. M. KHANWILKAR AND SANJIV KHANNA, JJ.] Land Acquisition: Karnataka Slum Areas (Improvement and Clearance) Act, 1973 – ss.17, 18, 20 – Constitutional …
Supreme Court of India28 Jul 2022Full text
2022 INSC 759 · [2022] 6 S.C.R. 790
790 SUPREME COURT[2022]REPORTS6 S.C.R. 790 [2022] 6 S.C.R. A MRS. AKELLA LALITHA v. SRI KONDA HANUMANTHA RAO & ANR. (Civil Appeal Nos. 6325-6326 of 2015) B JULY 28, 2022 [DINESH MAHESHWARI AND KRISHNA MURARI, JJ.] Family Law – Surname of child – Dispute between Appellant-mother and respondent-grandparents, (parents of …
Supreme Court of India27 Jul 2022Full text
2022 INSC 757 · [2022] 6 S.C.R. 382
Prevention of Money Laundering Act, 2002 – s.17 – Challenge to deletion of proviso to sub-section (1) of s.17 – Rejected – Held: There are stringent safeguards provided in s.17 and Rules framed thereunder – Moreover, the pre-condition in the proviso to Rule 3(2) of the 2005 Rules cannot be read into s.17 after its amen…
Supreme Court of India27 Jul 2022Full text
2022 INSC 756 · [2022] 11 S.C.R. 416
416 NEMAI CHANDRA KUMAR (D) THR. LRS. & ORS. v. MANI 417 SQUARE LTD. & ORS. ceased to be persons liable to pay rent at monthly or in any other A periodical rate – In that position, they ceased to answer to the definition of thika tenant within the meaning of Section 3(8) of the Act of 1981 similarly, within the meaning…
Supreme Court of India27 Jul 2022Full text
2022 INSC 754 · [2022] 13 S.C.R. 57
of pendency and workload of the CMM, has observed that the ACMM, being invested with all the judicial powers of the CMM, can be considered at par with the CMM – The High Court further observed that the CMM and ACMM stand on the same footing and one cannot be said to be either inferior or subordinate to the other – On a…
Also on Law on Tips: Bare Acts · Legal news and analysis
2022 INSC 776 · [2022] 6 S.C.R. 836
Appellants were not eligible for the appointment against such posts – Constitution of India, 1950 – Arts. 14 and 16 – U.P. Reservation Act of 1993 – s.3 – Service Law – Appointment – Of persons with disabilities. H 836 AJAY KUMAR PANDEY & ORS. v. STATE OF U.P. & ORS. 837 Disposing of the appeal, the Court A HELD:1. The…
Supreme Court of India1 Aug 2022Full text
2022 INSC 774 · [2022] 6 S.C.R. 1011
[2022] 6 S.C.R. 1011 1011 EIH LIMITED A v. NADIA A VIRJI (Civil Appeal Nos. 4797-4799 of 2022) AUGUST 01, 2022 B [M. R. SHAH AND B. V. NAGARATHNA, JJ.] West Bengal Premises Tenancy Act, 1997 – ss. 5(8), 3(f)(i), 18 – Applicability of – Civil Procedure Code, 1908 – Or.7, r.11 – Rejection of Plaint – Transfer of Property…
Supreme Court of India1 Aug 2022Full text
2022 INSC 773 · [2022] 6 S.C.R. 830
HELD:1. In an earlier round of litigation instituted by the original landowner - predecessor-in-title of the plaintiffs, being G O.S. No. 833 of 1961, he was held to be entitled to plaint A schedule land to the extent of 2 acres and 35 cents. Therefore, to that extent only the plaintiffs can protect their possession by…
Supreme Court of India29 Jul 2022Full text
2022 INSC 772 · [2022] 17 S.C.R. 236
difference of opinion, matter to be placed before Hon’ble the Chief Justice of India to constitute an appropriate bench to hear the matter – Constitution of India – Article 226. (In the judgment of Indira Banerjee, J. ) G.E. India Technology Centre Pvt. Ltd. v. Commissioner H of Income Tax and Anr. (2010) 327 ITR 456 (…
Supreme Court of India29 Jul 2022Full text
2022 INSC 771 · [2022] 13 S.C.R. 295
– s.307 falls in the category of heinous and serious offences and are to be treated as crime against society and not against the E individual alone – On a parity of reasoning, offence u/s. 306 would fall in the same category – An FIR u/s. 306 cannot even be quashed on the basis of any financial settlement with the info…
Supreme Court of India29 Jul 2022Full text
2022 INSC 770 · [2022] 4 S.C.R. 784
considering entire facts and circumstances and the environment in which the child had born, his return to US would be in his best interest – High Court have not considered the above factors – Custody of the child given to appellant – Judgement of High Court was set aside – Directions issued regarding the smooth return …
Supreme Court of India20 Jan 2022Full text
2022 INSC 77 · [2022] 1 S.C.R. 373
ESIC Recruitment Regulations 2008 which came into effect on 2 May 2009 and mandated four years of qualifying service for promotion from Assistant Professor to Associate Professor – When the contesting respondents had completed two years of service, they were governed by the ESIC Recruitment Regulations 2015 which came …
Supreme Court of India29 Jul 2022Full text
2022 INSC 769 · [2022] 17 S.C.R. 222
forefather and relatives of the Respondent No.1 as ‘Ganiger’ or ‘Ganiga’ – ‘Ganiger’ is a variant of the word ‘Ganiga’ found in north Karnataka region – Further, even if the Caste Certificate and the Validity Certificate are ignored, there are materials including a pre-constitution registered sale deed of the Responden…
Supreme Court of India29 Jul 2022Full text
2022 INSC 768 · [2022] 11 S.C.R. 539
[2022] 11 S.C.R. 539 539 M/s BHAGWANDAS B. RAMCHANDANI A v. BRITISH AIRWAYS (Civil Appeal No. 4978 of 2022) JULY 29, 2022 B [K. M. JOSEPH AND PAMIDIGHANTAM SRI NARASIMHA, JJ.] Air Act, 1972 – Rule 30 – Limitation Act, 1963 – ss. 3, 29, schedule – Does Limitation Act, 1963 apply to the period specified in Rule 30 of the…
Supreme Court of India28 Jul 2022Full text
2022 INSC 767 · [2022] 17 S.C.R. 1079
[2022] 17 S.C.R. 1079 1079 HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE A DEVELOPMENT CORPORATION LTD. & ORS. v. MR. DEEPAK AGGARWAL & ORS. (Special Leave Petition (C) No. 16631-16632 of 2018) B JULY 28, 2022 [A. M. KHANWILKAR, ABHAY S. OKA AND C. T. RAVIKUMAR, JJ.] Right to Fair Compensation and Transparency in Land Ac…
Supreme Court of India28 Jul 2022Full text
2022 INSC 766 · [2022] 7 S.C.R. 178
Akash Kakade, Somanatha Padhan, Swetab Kumar, Ashok Anand, Rakesh Kr. Singh, Bipin Bihari Singh, Advs. for the Appellants. Rahul Chitnis, Sachin Patil, Aaditya A. Pande, Geo Joseph, Ms. Shwetal Shepal, Advs. for the Respondent. H 180 SUPREME COURT REPORTS [2022] 7 S.C.R. A The Judgment of the Court was delivered by SAN…
Supreme Court of India28 Jul 2022Full text
2022 INSC 765 · [2022] 13 S.C.R. 403
Criminal Law – Concurrent findings of fact – Held: Cannot be interfered with unless shown to be perverse. H 403 404 SUPREME COURT REPORTS [2022] 13 S.C.R. A Allowing the appeal, the Court HELD: 1.1 For an offence punishable under Section 13(1)(d)(ii) read with Section 15 of the PC Act, it is necessary to establish that…
Supreme Court of India28 Jul 2022Full text
2022 INSC 764 · [2022] 11 S.C.R. 505
not and for what period during his absence – The Lawgiver has conferred a power with the management – The use of the words “in its opinion” indicates that the Managing Committee must apply its mind and consider all aspects and take a view – This must, undoubtedly, be done after putting the employee on notice – The empl…
Supreme Court of India28 Jul 2022Full text
2022 INSC 762 · [2022] 19 S.C.R. 998
B Word & Phrases– ‘execution’;‘execute’– Meaning of– Discussed– Karnataka Housing Board Act, 1962ss.24(2), 33(2). Directing C.A. Nos.7011-13/2013, 9002- 9003/2013 and 7017-19/2013 to be listed before appropriate Bench for consideration on their own merits, the Court C HELD: 1.1 The contention that initiation of acquisi…
Supreme Court of India28 Jul 2022Full text
2022 INSC 761 · [2022] 10 S.C.R. 448
448 SUPREME COURT[2022]REPORTS10 S.C.R. 448 [2022] 10 S.C.R. A THE STATE OF KARNATAKA & ANR. v. B. R. MURALIDHAR & ORS. (Civil Appeal No. 1966 of 2013) B JULY 28, 2022 [A. M. KHANWILKAR AND SANJIV KHANNA, JJ.] Land Acquisition: Karnataka Slum Areas (Improvement and Clearance) Act, 1973 – ss.17, 18, 20 – Constitutional …
Supreme Court of India28 Jul 2022Full text
2022 INSC 759 · [2022] 6 S.C.R. 790
790 SUPREME COURT[2022]REPORTS6 S.C.R. 790 [2022] 6 S.C.R. A MRS. AKELLA LALITHA v. SRI KONDA HANUMANTHA RAO & ANR. (Civil Appeal Nos. 6325-6326 of 2015) B JULY 28, 2022 [DINESH MAHESHWARI AND KRISHNA MURARI, JJ.] Family Law – Surname of child – Dispute between Appellant-mother and respondent-grandparents, (parents of …
Supreme Court of India27 Jul 2022Full text
2022 INSC 757 · [2022] 6 S.C.R. 382
Prevention of Money Laundering Act, 2002 – s.17 – Challenge to deletion of proviso to sub-section (1) of s.17 – Rejected – Held: There are stringent safeguards provided in s.17 and Rules framed thereunder – Moreover, the pre-condition in the proviso to Rule 3(2) of the 2005 Rules cannot be read into s.17 after its amen…
Supreme Court of India27 Jul 2022Full text
2022 INSC 756 · [2022] 11 S.C.R. 416
416 NEMAI CHANDRA KUMAR (D) THR. LRS. & ORS. v. MANI 417 SQUARE LTD. & ORS. ceased to be persons liable to pay rent at monthly or in any other A periodical rate – In that position, they ceased to answer to the definition of thika tenant within the meaning of Section 3(8) of the Act of 1981 similarly, within the meaning…
Supreme Court of India27 Jul 2022Full text
2022 INSC 754 · [2022] 13 S.C.R. 57
of pendency and workload of the CMM, has observed that the ACMM, being invested with all the judicial powers of the CMM, can be considered at par with the CMM – The High Court further observed that the CMM and ACMM stand on the same footing and one cannot be said to be either inferior or subordinate to the other – On a…
Also on Law on Tips: Bare Acts · Legal news and analysis