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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.
3,141–3,160 · Page 158 of 500
Supreme Court of India18 May 2022Full text
2022 INSC 590 · [2022] 3 S.C.R. 876
1.2 In the instant case, the concern is with the claim of defendant no.1 of having become the full owner in respect of the Dsuit property on the ground that she was in settled legal possession of the suit property before and after the commencement of the Act, in lieu of her pre-existing right of maintenance, and such l…
Supreme Court of India18 Jan 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.
3,141–3,160 · Page 158 of 500
Supreme Court of India18 May 2022Full text
2022 INSC 590 · [2022] 3 S.C.R. 876
1.2 In the instant case, the concern is with the claim of defendant no.1 of having become the full owner in respect of the Dsuit property on the ground that she was in settled legal possession of the suit property before and after the commencement of the Act, in lieu of her pre-existing right of maintenance, and such l…
Supreme Court of India18 Jan 2022Full text
2022 INSC 59 · [2022] 1 S.C.R. 311
312 SUPREME COURT REPORTS [2022] 1 S.C.R. A him at this stage – In the peculiar facts and circumstances of the case, in exercise of the powers under Art.142 of the Constitution of India, to do substantial justice, it is directed that while appointing the appellant on the post of Assistant Professor, respondent No.4 may…
Supreme Court of India18 May 2022Full text
2022 INSC 589 · [2022] 19 S.C.R. 202
with respect to the substantive relief claimed and not the consequential relief–When composite suit is filed for cancellation of the sale deed as well as for recovery of the possession, the limitation period is to be considered with respect to the substantive relief of cancellation of the sale deed, which would be thre…
Supreme Court of India18 May 2022Full text
2022 INSC 588 · [2022] 7 S.C.R. 1048
1050 SUPREME COURT REPORTS [2022] 7 S.C.R. A has taken a decision to release the prisoner by granting him the benefit of remission / commutation of his sentence. [Para 20][1060-A-C] 1.3 The Appellant was 19 years of age at the time of his arrest and has been incarcerated…
Supreme Court of India18 May 2022Full text
2022 INSC 587 · [2022] 4 S.C.R. 190
filed there against – Sustainability of – Held: Writ court cannot, in a casual manner, de hors any reasoning, set aside the order of the Lok Adalat – Strong reasons are required to recall a compromise recorded – Compromise ultimately results into a decree of a court which can be enforced just as a decree and such decre…
Supreme Court of India18 May 2022Full text
2022 INSC 586 · [2022] 15 S.C.R. 299
L Chandra Kumar v. UOI 1997 (3) SCC 261 : [1997] (2) SCR 1186 – relied on. G Whether a seat of the NGT should be in every State? If yes, should they invariably be established at the principal seat of High Court, which in this case would be Jabalpur instead of Bhopal? H MADHYA PRADESH HIGH COURT ADVOCATES BAR 301 ASSOCI…
Supreme Court of India18 May 2022Full text
2022 INSC 585 · [2022] 4 S.C.R. 90
90 SUPREME COURT[2022]REPORTS4 S.C.R. 90 [2022] 4 S.C.R. A MAHA P. & ORS. v. THE STATE OF KERALA & ORS. (Civil Appeal No. 3654 of 2022) B MAY 18, 2022 [DR DHANANJAYA Y CHANDRACHUD AND BELA M TRIVEDI, JJ.] Education/Educational Institutions: Medical admissions – NEET-UG in unaided private medical colleges in the State o…
Supreme Court of India18 May 2022Full text
2022 INSC 584 · [2022] 7 S.C.R. 1090
– Appellant Bank could not have continued the proceedings under SARFESI Act once the CIRP was initiated and the moratorium was ordered – Thus, the orders of NCLT and NCLAT does not call for interference –Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – s. 13 – Secur…
Supreme Court of India18 May 2022Full text
2022 INSC 583 · [2022] 4 S.C.R. 209
B Maharaja Agrasen Hospital and Ors. v. Master Rishabh Sharma and Ors. (2020) 6 SCC 501 : [2019] 16 SCR 1185; Kusum Sharma & Ors. v. Batra Hospital and Medical Research Centre & Ors., (2010) 3 SCC 480 : [2010] 2 SCR 685; Jacob Mathew v. State of Punjab & Anr. (2005) 6 SCC 1 : [2005] 2 Suppl. SCR 307; C Achutrao Haribha…
Supreme Court of India17 May 2022Full text
2022 INSC 582 · [2022] 3 S.C.R. 575
K. K. Venugopal, AG, Tushar Mehta, SG, K. M. Nataraj, Balbir Singh, ASGs, Arvind P. Datar, Sr. Adv. (A.C.), R. Basant, Anil Kumar Sangal, Sr. Advs., Rahul Unnikrishnan, T. V. S. Raghavendra Sreyas, D Naveen Hegde, Mahesh Thakur, Ajay Kanojiya, Vipasha Singh, Akshay Sahay, Kanu Agrawal, Saurabh Mishra, Vanshaja Shukla, …
Supreme Court of India17 May 2022Full text
2022 INSC 581 · [2022] 4 S.C.R. 128
E Government order was not in nature of Gazette notification under Karnataka Forest Act to notify the land as reserved forest – It is clear from the preamble of the order that if the land is required for the public purpose and for the government itself, the Revenue department may take back this lands from the land bank…
Supreme Court of India17 May 2022Full text
2022 INSC 580 · [2022] 3 S.C.R. 860
G Dismissing the appeal, the Court HELD: 1.1 The case of the respondent was in the medical classification S1H1A1P1E2 referred to therein. It was subject to review and the regular Review Medical Board had not happened H in the routine period of two years due to Covid-19 restrictions. 860 UNION OF INDIA & ORS. v. BRIGADI…
Supreme Court of India18 Jan 2022Full text
2022 INSC 58 · [2022] 1 S.C.R. 984
remanded the matter to the Trial Court for fresh decision of the suit in accordance with law – On appeal, held: What was challenged before the High Court was the judgment and order passed by the First Appellate Court dismissing the first appeal u/s. 96 of the CPC as not maintainable in absence of any delay condoned app…
Supreme Court of India17 May 2022Full text
2022 INSC 579 · [2022] 3 S.C.R. 381
trial court on the prayer made by the appellants to allow them to file written statement – Trial court condoned the delay and set aside the ex-parte decree and the said order of condonation of delay and setting aside the ex-parte decree was the subject matter before the High Court – Thus, the impugned judgment and orde…
Supreme Court of India17 May 2022Full text
2022 INSC 578 · [2022] 5 S.C.R. 319
Insolvency and Bankruptcy Code, 2016: s.5(8)(d) – Indian Accounting Standards – rr.61 to 67 – Financial Lease – Financial lease as such is not defined under IBC – s.5(8)(d) refers lease as inclusive of Financial lease as given under Indian Accounting G Standards – r.62 declares that a lease is classified as a financial…
Supreme Court of India17 May 2022Full text
2022 INSC 577 · [2022] 3 S.C.R. 270
quash the criminal proceedings when a clear case was made out for the offences alleged – The cursory and casual manner in which the High Court disposed of the application u/s.482 CrPC and quashed the criminal proceedings is deprecated – Judgment of High Court is unsustainable both on facts as well as in law – Order pas…
Supreme Court of India13 May 2022Full text
2022 INSC 575 · [2022] 3 S.C.R. 569
569 570 SUPREME COURT REPORTS [2022] 3 S.C.R. A 10.01.2017, the State Government was directed to consider the feasibility of providing medical facilities to deal with life-long health issues arising out of the effects of Endosulfan – State Government has not disclosed what steps it took to provide for medical treatment…
Supreme Court of India13 May 2022Full text
2022 INSC 573 · [2022] 4 S.C.R. 632
maintainable – National Commission can be said to be a ‘tribunal’ which is vested by Statute the powers to determine conclusively the rights of two or more contending parties with regard to any matter in controversy between them – It satisfies the test of an authority vested with the judicial powers of the State and th…
Supreme Court of India13 May 2022Full text
2022 INSC 572 · [2022] 19 S.C.R. 360
taken into consideration – Allowing such a practice would tantamount to not only taking a chance before the court but would be indeed speculative and an abuse of the process of the court – Proceedings before the Court are not for taking the chance by the litigants – Impugned order passed by the Division Bench of the G …
Supreme Court of India18 Jan 2022Full text
2022 INSC 57 · [2022] 2 S.C.R. 694
Bail – Grant of – Factors to be considered/relevant considerations – Discussed. G Allowing the appeal, the Court HELD: The impugned order passed by the High Court directing to release respondent no.2 herein on bail is unsustainable both, on law as well as on facts. Whatever reasons H 694 ISHWARJI NAGAJI MALI v. STATE O…
Also on Law on Tips: Bare Acts · Legal news and analysis
2022 INSC 59 · [2022] 1 S.C.R. 311
312 SUPREME COURT REPORTS [2022] 1 S.C.R. A him at this stage – In the peculiar facts and circumstances of the case, in exercise of the powers under Art.142 of the Constitution of India, to do substantial justice, it is directed that while appointing the appellant on the post of Assistant Professor, respondent No.4 may…
Supreme Court of India18 May 2022Full text
2022 INSC 589 · [2022] 19 S.C.R. 202
with respect to the substantive relief claimed and not the consequential relief–When composite suit is filed for cancellation of the sale deed as well as for recovery of the possession, the limitation period is to be considered with respect to the substantive relief of cancellation of the sale deed, which would be thre…
Supreme Court of India18 May 2022Full text
2022 INSC 588 · [2022] 7 S.C.R. 1048
1050 SUPREME COURT REPORTS [2022] 7 S.C.R. A has taken a decision to release the prisoner by granting him the benefit of remission / commutation of his sentence. [Para 20][1060-A-C] 1.3 The Appellant was 19 years of age at the time of his arrest and has been incarcerated…
Supreme Court of India18 May 2022Full text
2022 INSC 587 · [2022] 4 S.C.R. 190
filed there against – Sustainability of – Held: Writ court cannot, in a casual manner, de hors any reasoning, set aside the order of the Lok Adalat – Strong reasons are required to recall a compromise recorded – Compromise ultimately results into a decree of a court which can be enforced just as a decree and such decre…
Supreme Court of India18 May 2022Full text
2022 INSC 586 · [2022] 15 S.C.R. 299
L Chandra Kumar v. UOI 1997 (3) SCC 261 : [1997] (2) SCR 1186 – relied on. G Whether a seat of the NGT should be in every State? If yes, should they invariably be established at the principal seat of High Court, which in this case would be Jabalpur instead of Bhopal? H MADHYA PRADESH HIGH COURT ADVOCATES BAR 301 ASSOCI…
Supreme Court of India18 May 2022Full text
2022 INSC 585 · [2022] 4 S.C.R. 90
90 SUPREME COURT[2022]REPORTS4 S.C.R. 90 [2022] 4 S.C.R. A MAHA P. & ORS. v. THE STATE OF KERALA & ORS. (Civil Appeal No. 3654 of 2022) B MAY 18, 2022 [DR DHANANJAYA Y CHANDRACHUD AND BELA M TRIVEDI, JJ.] Education/Educational Institutions: Medical admissions – NEET-UG in unaided private medical colleges in the State o…
Supreme Court of India18 May 2022Full text
2022 INSC 584 · [2022] 7 S.C.R. 1090
– Appellant Bank could not have continued the proceedings under SARFESI Act once the CIRP was initiated and the moratorium was ordered – Thus, the orders of NCLT and NCLAT does not call for interference –Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – s. 13 – Secur…
Supreme Court of India18 May 2022Full text
2022 INSC 583 · [2022] 4 S.C.R. 209
B Maharaja Agrasen Hospital and Ors. v. Master Rishabh Sharma and Ors. (2020) 6 SCC 501 : [2019] 16 SCR 1185; Kusum Sharma & Ors. v. Batra Hospital and Medical Research Centre & Ors., (2010) 3 SCC 480 : [2010] 2 SCR 685; Jacob Mathew v. State of Punjab & Anr. (2005) 6 SCC 1 : [2005] 2 Suppl. SCR 307; C Achutrao Haribha…
Supreme Court of India17 May 2022Full text
2022 INSC 582 · [2022] 3 S.C.R. 575
K. K. Venugopal, AG, Tushar Mehta, SG, K. M. Nataraj, Balbir Singh, ASGs, Arvind P. Datar, Sr. Adv. (A.C.), R. Basant, Anil Kumar Sangal, Sr. Advs., Rahul Unnikrishnan, T. V. S. Raghavendra Sreyas, D Naveen Hegde, Mahesh Thakur, Ajay Kanojiya, Vipasha Singh, Akshay Sahay, Kanu Agrawal, Saurabh Mishra, Vanshaja Shukla, …
Supreme Court of India17 May 2022Full text
2022 INSC 581 · [2022] 4 S.C.R. 128
E Government order was not in nature of Gazette notification under Karnataka Forest Act to notify the land as reserved forest – It is clear from the preamble of the order that if the land is required for the public purpose and for the government itself, the Revenue department may take back this lands from the land bank…
Supreme Court of India17 May 2022Full text
2022 INSC 580 · [2022] 3 S.C.R. 860
G Dismissing the appeal, the Court HELD: 1.1 The case of the respondent was in the medical classification S1H1A1P1E2 referred to therein. It was subject to review and the regular Review Medical Board had not happened H in the routine period of two years due to Covid-19 restrictions. 860 UNION OF INDIA & ORS. v. BRIGADI…
Supreme Court of India18 Jan 2022Full text
2022 INSC 58 · [2022] 1 S.C.R. 984
remanded the matter to the Trial Court for fresh decision of the suit in accordance with law – On appeal, held: What was challenged before the High Court was the judgment and order passed by the First Appellate Court dismissing the first appeal u/s. 96 of the CPC as not maintainable in absence of any delay condoned app…
Supreme Court of India17 May 2022Full text
2022 INSC 579 · [2022] 3 S.C.R. 381
trial court on the prayer made by the appellants to allow them to file written statement – Trial court condoned the delay and set aside the ex-parte decree and the said order of condonation of delay and setting aside the ex-parte decree was the subject matter before the High Court – Thus, the impugned judgment and orde…
Supreme Court of India17 May 2022Full text
2022 INSC 578 · [2022] 5 S.C.R. 319
Insolvency and Bankruptcy Code, 2016: s.5(8)(d) – Indian Accounting Standards – rr.61 to 67 – Financial Lease – Financial lease as such is not defined under IBC – s.5(8)(d) refers lease as inclusive of Financial lease as given under Indian Accounting G Standards – r.62 declares that a lease is classified as a financial…
Supreme Court of India17 May 2022Full text
2022 INSC 577 · [2022] 3 S.C.R. 270
quash the criminal proceedings when a clear case was made out for the offences alleged – The cursory and casual manner in which the High Court disposed of the application u/s.482 CrPC and quashed the criminal proceedings is deprecated – Judgment of High Court is unsustainable both on facts as well as in law – Order pas…
Supreme Court of India13 May 2022Full text
2022 INSC 575 · [2022] 3 S.C.R. 569
569 570 SUPREME COURT REPORTS [2022] 3 S.C.R. A 10.01.2017, the State Government was directed to consider the feasibility of providing medical facilities to deal with life-long health issues arising out of the effects of Endosulfan – State Government has not disclosed what steps it took to provide for medical treatment…
Supreme Court of India13 May 2022Full text
2022 INSC 573 · [2022] 4 S.C.R. 632
maintainable – National Commission can be said to be a ‘tribunal’ which is vested by Statute the powers to determine conclusively the rights of two or more contending parties with regard to any matter in controversy between them – It satisfies the test of an authority vested with the judicial powers of the State and th…
Supreme Court of India13 May 2022Full text
2022 INSC 572 · [2022] 19 S.C.R. 360
taken into consideration – Allowing such a practice would tantamount to not only taking a chance before the court but would be indeed speculative and an abuse of the process of the court – Proceedings before the Court are not for taking the chance by the litigants – Impugned order passed by the Division Bench of the G …
Supreme Court of India18 Jan 2022Full text
2022 INSC 57 · [2022] 2 S.C.R. 694
Bail – Grant of – Factors to be considered/relevant considerations – Discussed. G Allowing the appeal, the Court HELD: The impugned order passed by the High Court directing to release respondent no.2 herein on bail is unsustainable both, on law as well as on facts. Whatever reasons H 694 ISHWARJI NAGAJI MALI v. STATE O…
Also on Law on Tips: Bare Acts · Legal news and analysis