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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.
3,041–3,060 · Page 153 of 500
Supreme Court of India12 Jul 2022Full text
2022 INSC 709 · [2022] 14 S.C.R. 503
of Kerala at Ernakulam in Crl. A. No.91 of 2014. With Criminal Appeal Nos. 1839 and 1840 of 2019. H AJMAL v. THE STATE OF KERALA 505 V.K. Shukla, N. Hariharan, Sr. Advs., Harikumar V., Anupam A Mishra, Jenis V. Francis, P. V. Dinesh, Ashwini Kumar Singh, Bineesh K., Shinoj K. Narayanan, K. Rajeev, Advs. for the Appella…
Supreme Court of India12 Jul 2022Full text
2022 INSC 708 · [2022] 13 S.C.R. 196
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.
3,041–3,060 · Page 153 of 500
Supreme Court of India12 Jul 2022Full text
2022 INSC 709 · [2022] 14 S.C.R. 503
of Kerala at Ernakulam in Crl. A. No.91 of 2014. With Criminal Appeal Nos. 1839 and 1840 of 2019. H AJMAL v. THE STATE OF KERALA 505 V.K. Shukla, N. Hariharan, Sr. Advs., Harikumar V., Anupam A Mishra, Jenis V. Francis, P. V. Dinesh, Ashwini Kumar Singh, Bineesh K., Shinoj K. Narayanan, K. Rajeev, Advs. for the Appella…
Supreme Court of India12 Jul 2022Full text
2022 INSC 708 · [2022] 13 S.C.R. 196
G Ashok Dhulichand v. Madhavrao Dube (1975) 4 SCC 664 : [1976] 1 SCR 246; Jai Dev v. State of Punjab AIR 1973 SC 612; Sharad Birdichand Sarda v. State of Maharashtra (1984) 4 SCC 116 : [1985] 1 SCR 88; Sujit Biswas v. State of Assam (2013) 12 SCC 406; H 196 JARNAIL SINGH & ANR. v. STATE OF PUNJAB 197 Samsul Haque v. St…
Supreme Court of India12 Jul 2022Full text
2022 INSC 707 · [2022] 13 S.C.R. 227
– Furthermore, respondent led no evidence to establish possession since 1930 after the resumption – Courts below have proceeded on assumptions and presumptions to hold in favour of the State – G Appellants had filed not only documentary evidence to prove their continuous possession but also oral evidence, which was ign…
Supreme Court of India11 Jul 2022Full text
2022 INSC 706 · [2022] 13 S.C.R. 207
of the orders which were obtained after practising fraud upon the Court. This Court, therefore, recalled the Judgment dated 28.10.2020 and the Order dated 08.12.2020. At the same time, non-disclosure of material facts by the contemnor at the relevant junctures were also prima facie found to be contumacious. H 207 208 S…
Supreme Court of India11 Jul 2022Full text
2022 INSC 705 · [2022] 6 S.C.R. 772
loss to the Excise Department – High Court did not appreciate and/ or consider the allegations of a larger conspiracy, and that both the FIRs are interconnected and part of the main conspiracy which is very serious if found to be true – Thus, the High Court exceeded in its jurisdiction – Judgment and order passed by th…
Supreme Court of India11 Jul 2022Full text
2022 INSC 704 · [2022] 6 S.C.R. 971
Harinder Mohan Singh, Ms. Shabana, Advs. for the Appellant. Ms. Deepanwita Priyanka, Adv. for the Respondent. The Judgment of the Court was delivered by G M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 25.03.2019 passed by the High Court of Gujarat at Ahmedabad in Crimin…
Supreme Court of India11 Jul 2022Full text
2022 INSC 702 · [2022] 7 S.C.R. 440
disclosure statement made by the accused himself – Further the accused failed to explain the injury on him – Thus, High Court erred in holding that the prosecution failed to prove the link evidence, which could establish and bring home the guilt of the accused – Findings of the High Court perverse – High Court did F no…
Supreme Court of India11 Jul 2022Full text
2022 INSC 701 · [2022] 12 S.C.R. 288
rightly followed the course laid down in the case of Arun Kumar Agrawal – Deduction in pecuniary loss by the High Court not correct – The deduction of 1/3rd of determined income of the deceased towards personal expenses is valid on the basis of the decision of Supreme Court in the case of Sarla Verma – Loss of F future…
Supreme Court of India11 Jul 2022Full text
2022 INSC 700 · [2022] 15 S.C.R. 384
part of the contemnor does not continue to enure to the advantage of the contemnor or any one claiming under him – On facts, to meet the ends of justice, the concept of purging of the contempt would call for complete disgorging of all the benefits secured as a result of actions found by the court to be contumacious – T…
Supreme Court of India19 Jan 2022Full text
2022 INSC 70 · [2022] 2 S.C.R. 321
“RENAISSANCE” is registered u/Class 16 and Class 42 dealing with hotels, hotel related services and goods – “SAI RENAISSANCE” used by the respondents- was also in relation to Class 16 and Class 42 – When the defendant’s trade mark is identical with the registered trade mark of the plaintiff and the goods/services of th…
Supreme Court of India3 Jan 2022Full text
2022 INSC 7 · [2022] 2 S.C.R. 893
Dismissing the appeal, the Court HELD: 1. From a reading of Section 34(4) of the Arbitration and Conciliation Act, 1996, it is clear that on receipt of an C application under sub section (1), in appropriate cases on a request by a party, Court may adjourn the proceedings for a period determined by it in the order to gi…
Supreme Court of India11 Jul 2022Full text
2022 INSC 699 · [2022] 12 S.C.R. 257
– Report of Ballistic expert is also inconclusive – Judgment of High E Court was set aside – Order of acquittal by the trial Court was restored. Jafarudheen and Others v. State of Kerala 2022 SCC Online SC 495; Mohan Alias Srinivas Alias Seena Alias Tailor Seena v. State of Karnataka 2021 SCC OnLine F SC 1233, N. Vijay…
Supreme Court of India11 Jul 2022Full text
2022 INSC 698 · [2022] 13 S.C.R. 86
– Appeal allowed. G CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2481 of 2016. From the Judgment and Order dated 30.05.2013 of the National Consumer Disputes Redressal Commission, New Delhi in Revision Petition No. 2161 of 2012. H 86 HCMI EDUCATION v. NARENDRA PAL SINGH 87 Awanish Kumar, Shiv Kumar Pandey, Chandrashe…
Supreme Court of India11 Jul 2022Full text
2022 INSC 697 · [2022] 6 S.C.R. 747
Allowing the appeal, the Court HELD: 1.1 The prices mentioned in the Ready Reckoner F for the purpose of calculation of the stamp duty, which are fixed for the entire area, cannot be the basis for determination of the compensation under the Land Acquisition Act. In the instant case, the Reference Court did consider the…
Supreme Court of India11 Jul 2022Full text
2022 INSC 696 · [2022] 13 S.C.R. 274
and consider the fact that the order passed by the trial court refusing to condone the delay of 1522 days in so far as original defendant No. 1, had attained the finality – High Court did not consider the maintainability of the petition u/Art. 227 – Remedy to challenge the ex-parte order was available by way of an appe…
Supreme Court of India11 Jul 2022Full text
2022 INSC 695 · [2022] 7 S.C.R. 592
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4223 of 2022. From the Judgment and Order dated 19.04.2021 of the High Court of Gauhati (High Court of Assam, Nagaland, Mizoram and Arunachal G Pradesh) Kohima Bench in Writ Appeal No. 21 of 2019. Ms. K. Enatoli Sema, Amit Kumar Singh, Ms. Chubalemla Chang, Advs. for the A…
Supreme Court of India11 Jul 2022Full text
2022 INSC 694 · [2022] 12 S.C.R. 117
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4108 F of 2022. From the Judgment and Order dated 30.11.2020 of the High Court of Karnataka at Bengaluru in Writ Petition No. 35073 of 2015 (GM- RES). Anand Sanjay M. Nuli, Ms. Agam Sharma, Nanda Kumar K. B., G Shivashankar H. Manur, Ms. Shweta S. Manur for M/s Nuli & Nuli…
Supreme Court of India11 Jul 2022Full text
2022 INSC 693 · [2022] 12 S.C.R. 97
Constitution of India: Art.141 – Binding Precedent – Held: Not following the binding precedents of Supreme Court by the High Court is contrary to Art.141 of the Constitution of India. H 97 98 SUPREME COURT REPORTS [2022] 12 S.C.R. A Allowing the appeals, the Court HELD : The land has been acquired under the provisions …
Supreme Court of India11 Jul 2022Full text
2022 INSC 692 · [2022] 7 S.C.R. 126
consist of one judicial member and an expert member – Appellant preferred an application for recall of the order of the single member dated 29.01.2018 and condonation of delay – The Tribunal dismissed both the applications by an order dated 16.07.2021 – On appeal, held: The single member of the NGT who dismissed the ap…
Supreme Court of India11 Jul 2022Full text
2022 INSC 691 · [2022] 14 S.C.R. 538
Dismissing the appeal, the Court HELD:1. The contention on the part of the respondent cannot be ignored that if statements of two witnesses were E recorded on 27.02.2021 and 28.02.2021, there was no material with the investigating agency to summon him on 22.02.2021. This is apart from the fact that the statements of th…
Also on Law on Tips: Bare Acts · Legal news and analysis
G Ashok Dhulichand v. Madhavrao Dube (1975) 4 SCC 664 : [1976] 1 SCR 246; Jai Dev v. State of Punjab AIR 1973 SC 612; Sharad Birdichand Sarda v. State of Maharashtra (1984) 4 SCC 116 : [1985] 1 SCR 88; Sujit Biswas v. State of Assam (2013) 12 SCC 406; H 196 JARNAIL SINGH & ANR. v. STATE OF PUNJAB 197 Samsul Haque v. St…
Supreme Court of India12 Jul 2022Full text
2022 INSC 707 · [2022] 13 S.C.R. 227
– Furthermore, respondent led no evidence to establish possession since 1930 after the resumption – Courts below have proceeded on assumptions and presumptions to hold in favour of the State – G Appellants had filed not only documentary evidence to prove their continuous possession but also oral evidence, which was ign…
Supreme Court of India11 Jul 2022Full text
2022 INSC 706 · [2022] 13 S.C.R. 207
of the orders which were obtained after practising fraud upon the Court. This Court, therefore, recalled the Judgment dated 28.10.2020 and the Order dated 08.12.2020. At the same time, non-disclosure of material facts by the contemnor at the relevant junctures were also prima facie found to be contumacious. H 207 208 S…
Supreme Court of India11 Jul 2022Full text
2022 INSC 705 · [2022] 6 S.C.R. 772
loss to the Excise Department – High Court did not appreciate and/ or consider the allegations of a larger conspiracy, and that both the FIRs are interconnected and part of the main conspiracy which is very serious if found to be true – Thus, the High Court exceeded in its jurisdiction – Judgment and order passed by th…
Supreme Court of India11 Jul 2022Full text
2022 INSC 704 · [2022] 6 S.C.R. 971
Harinder Mohan Singh, Ms. Shabana, Advs. for the Appellant. Ms. Deepanwita Priyanka, Adv. for the Respondent. The Judgment of the Court was delivered by G M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 25.03.2019 passed by the High Court of Gujarat at Ahmedabad in Crimin…
Supreme Court of India11 Jul 2022Full text
2022 INSC 702 · [2022] 7 S.C.R. 440
disclosure statement made by the accused himself – Further the accused failed to explain the injury on him – Thus, High Court erred in holding that the prosecution failed to prove the link evidence, which could establish and bring home the guilt of the accused – Findings of the High Court perverse – High Court did F no…
Supreme Court of India11 Jul 2022Full text
2022 INSC 701 · [2022] 12 S.C.R. 288
rightly followed the course laid down in the case of Arun Kumar Agrawal – Deduction in pecuniary loss by the High Court not correct – The deduction of 1/3rd of determined income of the deceased towards personal expenses is valid on the basis of the decision of Supreme Court in the case of Sarla Verma – Loss of F future…
Supreme Court of India11 Jul 2022Full text
2022 INSC 700 · [2022] 15 S.C.R. 384
part of the contemnor does not continue to enure to the advantage of the contemnor or any one claiming under him – On facts, to meet the ends of justice, the concept of purging of the contempt would call for complete disgorging of all the benefits secured as a result of actions found by the court to be contumacious – T…
Supreme Court of India19 Jan 2022Full text
2022 INSC 70 · [2022] 2 S.C.R. 321
“RENAISSANCE” is registered u/Class 16 and Class 42 dealing with hotels, hotel related services and goods – “SAI RENAISSANCE” used by the respondents- was also in relation to Class 16 and Class 42 – When the defendant’s trade mark is identical with the registered trade mark of the plaintiff and the goods/services of th…
Supreme Court of India3 Jan 2022Full text
2022 INSC 7 · [2022] 2 S.C.R. 893
Dismissing the appeal, the Court HELD: 1. From a reading of Section 34(4) of the Arbitration and Conciliation Act, 1996, it is clear that on receipt of an C application under sub section (1), in appropriate cases on a request by a party, Court may adjourn the proceedings for a period determined by it in the order to gi…
Supreme Court of India11 Jul 2022Full text
2022 INSC 699 · [2022] 12 S.C.R. 257
– Report of Ballistic expert is also inconclusive – Judgment of High E Court was set aside – Order of acquittal by the trial Court was restored. Jafarudheen and Others v. State of Kerala 2022 SCC Online SC 495; Mohan Alias Srinivas Alias Seena Alias Tailor Seena v. State of Karnataka 2021 SCC OnLine F SC 1233, N. Vijay…
Supreme Court of India11 Jul 2022Full text
2022 INSC 698 · [2022] 13 S.C.R. 86
– Appeal allowed. G CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2481 of 2016. From the Judgment and Order dated 30.05.2013 of the National Consumer Disputes Redressal Commission, New Delhi in Revision Petition No. 2161 of 2012. H 86 HCMI EDUCATION v. NARENDRA PAL SINGH 87 Awanish Kumar, Shiv Kumar Pandey, Chandrashe…
Supreme Court of India11 Jul 2022Full text
2022 INSC 697 · [2022] 6 S.C.R. 747
Allowing the appeal, the Court HELD: 1.1 The prices mentioned in the Ready Reckoner F for the purpose of calculation of the stamp duty, which are fixed for the entire area, cannot be the basis for determination of the compensation under the Land Acquisition Act. In the instant case, the Reference Court did consider the…
Supreme Court of India11 Jul 2022Full text
2022 INSC 696 · [2022] 13 S.C.R. 274
and consider the fact that the order passed by the trial court refusing to condone the delay of 1522 days in so far as original defendant No. 1, had attained the finality – High Court did not consider the maintainability of the petition u/Art. 227 – Remedy to challenge the ex-parte order was available by way of an appe…
Supreme Court of India11 Jul 2022Full text
2022 INSC 695 · [2022] 7 S.C.R. 592
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4223 of 2022. From the Judgment and Order dated 19.04.2021 of the High Court of Gauhati (High Court of Assam, Nagaland, Mizoram and Arunachal G Pradesh) Kohima Bench in Writ Appeal No. 21 of 2019. Ms. K. Enatoli Sema, Amit Kumar Singh, Ms. Chubalemla Chang, Advs. for the A…
Supreme Court of India11 Jul 2022Full text
2022 INSC 694 · [2022] 12 S.C.R. 117
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4108 F of 2022. From the Judgment and Order dated 30.11.2020 of the High Court of Karnataka at Bengaluru in Writ Petition No. 35073 of 2015 (GM- RES). Anand Sanjay M. Nuli, Ms. Agam Sharma, Nanda Kumar K. B., G Shivashankar H. Manur, Ms. Shweta S. Manur for M/s Nuli & Nuli…
Supreme Court of India11 Jul 2022Full text
2022 INSC 693 · [2022] 12 S.C.R. 97
Constitution of India: Art.141 – Binding Precedent – Held: Not following the binding precedents of Supreme Court by the High Court is contrary to Art.141 of the Constitution of India. H 97 98 SUPREME COURT REPORTS [2022] 12 S.C.R. A Allowing the appeals, the Court HELD : The land has been acquired under the provisions …
Supreme Court of India11 Jul 2022Full text
2022 INSC 692 · [2022] 7 S.C.R. 126
consist of one judicial member and an expert member – Appellant preferred an application for recall of the order of the single member dated 29.01.2018 and condonation of delay – The Tribunal dismissed both the applications by an order dated 16.07.2021 – On appeal, held: The single member of the NGT who dismissed the ap…
Supreme Court of India11 Jul 2022Full text
2022 INSC 691 · [2022] 14 S.C.R. 538
Dismissing the appeal, the Court HELD:1. The contention on the part of the respondent cannot be ignored that if statements of two witnesses were E recorded on 27.02.2021 and 28.02.2021, there was no material with the investigating agency to summon him on 22.02.2021. This is apart from the fact that the statements of th…
Also on Law on Tips: Bare Acts · Legal news and analysis