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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.
3,301–3,320 · Page 166 of 500
Supreme Court of India7 Apr 2022Full text
2022 INSC 401 · [2022] 16 S.C.R. 913
situation cannot be tested with either a suspicious or a microscopic eye. Good-faith and intention are to be presumed unless the contrary exists. [Para 1…
Supreme Court of India7 Apr 2022Full text
2022 INSC 400 · [2022] 10 S.C.R. 903
[2022] 10 S.C.R. 903 903 THE STATE OF HARYANA THROUGH A SECRETARY TO GOVERNMENT OF HARYANA v. JAI SINGH & ORS. (Civil Appeal No. 6990 of 2014) B APRIL 07, 2022 [HEMANT GUPTA AND V. RAMASUBRAMANIAN, JJ.] Land Laws – Punjab Village Common Lands (Regulation) Act, 1961, as amended by Haryana Act No. 9/1992 (the Amending Ac…
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.
3,301–3,320 · Page 166 of 500
Supreme Court of India7 Apr 2022Full text
2022 INSC 401 · [2022] 16 S.C.R. 913
situation cannot be tested with either a suspicious or a microscopic eye. Good-faith and intention are to be presumed unless the contrary exists. [Para 1…
Supreme Court of India7 Apr 2022Full text
2022 INSC 400 · [2022] 10 S.C.R. 903
[2022] 10 S.C.R. 903 903 THE STATE OF HARYANA THROUGH A SECRETARY TO GOVERNMENT OF HARYANA v. JAI SINGH & ORS. (Civil Appeal No. 6990 of 2014) B APRIL 07, 2022 [HEMANT GUPTA AND V. RAMASUBRAMANIAN, JJ.] Land Laws – Punjab Village Common Lands (Regulation) Act, 1961, as amended by Haryana Act No. 9/1992 (the Amending Ac…
Supreme Court of India3 Jan 2022Full text
2022 INSC 4 · [2022] 1 S.C.R. 105
[2022] 1 S.C.R. 105 105 KERALA STATE BEVERAGES MANUFACTURING & A MARKETING CORPORATION LTD. v. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1(1) B (Civil Appeal No. 11 of 2022) JANUARY 03, 2022 [R. SUBHASH REDDY AND HRISHIKESH ROY, JJ.] Income Tax Act, 1961: s.40(a)(iib) – Purpose of amendment C of Income Tax Act by…
Supreme Court of India6 Apr 2022Full text
2022 INSC 399 · [2022] 5 S.C.R. 657
GOA PUBLIC SERVICE COMMISSION v. PANKAJ RANE & ORS. 659 the written examination. It also contemplated the holding of an A interview but as regards the interview a separate minimum was not stipulated. But at the same time, the law giver has contemplated that the Commission is to prepare a select list wherein merit would…
Supreme Court of India6 Apr 2022Full text
2022 INSC 397 · [2022] 3 S.C.R. 22
appellants to step up the pay of respondents in view of pay scale which has been granted to the juniors from the date they have started drawing lesser pay than their juniors. Dismissing the appeals, the Court F HELD:1. Considering the facts and circumstances of the case, it cannot be said that the original writ petitio…
Supreme Court of India6 Apr 2022Full text
2022 INSC 396 · [2022] 2 S.C.R. 1001
[2022] 2 S.C.R. 1001 1001 UNION OF INDIA A v. PREMLATA AND OTHERS (Civil Appeal Nos. 176-177 of 2022) APRIL 06, 2022 B [M. R. SHAH AND B. V. NAGARATHNA, JJ.] Land Acquisition Act, 1894 – Comparable sales – s.4 notification issued to acquire 45 hectares 89 R land – Land Acquisition Officer awarded an amount of Rs.1,13,5…
Supreme Court of India6 Apr 2022Full text
2022 INSC 395 · [2022] 3 S.C.R. 134
CIVIL APPELLATE JURISDICTION : Civil Appeal No.2784 of 2022. F From the Judgment and Order dated 24.02.2021 of the High Court of Judicature at Bombay Bench at Aurangabad in Writ Petition No.3983 of 2020. Sachin Patil, Adv. for the Appellant. G Siddharth Bhatnagar, Sr. Adv., Nishant R. Katneshwarkar, Ravindra Keshavrao …
Supreme Court of India6 Apr 2022Full text
2022 INSC 394 · [2022] 2 S.C.R. 1041
B Allowing the appeal, the Court HELD: 1. The facts of the present case reveal that the State has, in a clandestine and arbitrary manner, actively tried to limit disbursal of compensation as required by law, only to those for which it was specifically prodded by the courts, rather than to all C those who are entitled. …
Supreme Court of India5 Apr 2022Full text
2022 INSC 390 · [2022] 6 S.C.R. 918
918 SUPREME COURT[2022]REPORTS6 S.C.R. 918 [2022] 6 S.C.R. A SHIKHAR & ANR. v. NATIONAL BOARD OF EXAMINATION & ORS. (Writ Petition (C) No. 208 of 2022) B APRIL 05, 2022 [DR DHANANJAYA Y CHANDRACHUD, SURYA KANT AND BELA M. TRIVEDI, JJ.] Education/Educational Institutions: Admission – Eligibility criteria – Formulation o…
Supreme Court of India11 Jan 2022Full text
2022 INSC 39 · [2022] 1 S.C.R. 443
Brijender Chahar, Sr. Adv., Gopal Jha, Gautam Singh, Shreyash Bhardwaj, Ms. Shirin Khajuria, Sandeep Sudhakar Deshmukh, Ms. Deeplaxmi Subhash Matwankar, Arjun Garg, Aakash Nandolia, Ms. E Sagun Srivastava, Sanjai Kr. Pathak, Ms. Shashi Pathak, Vivek Gupta, Ms. Jyoti Chahar, Karan Chahar, Ms. Asmita Singh, Gautam Naraya…
Supreme Court of India5 Apr 2022Full text
2022 INSC 389 · [2022] 4 S.C.R. 502
1956 (and its equivalent in the 2013 Act), but would depend on the terms of the amalgamation and the facts of each case – Companies Act, 1956 – ss.394(2) and 481 – Companies Act, 2013. Company Law – Amalgamation and winding up of a corporate entity – Difference. F Allowing the appeal, the Court HELD: 1. Amalgamation is…
Supreme Court of India4 Apr 2022Full text
2022 INSC 386 · [2022] 3 S.C.R. 5
5 6 SUPREME COURT REPORTS [2022] 3 S.C.R. A proceeding – Clear example of non-application of mind to material circumstances having a bearing on the subjective satisfaction of the detaining authority – Detention order accordingly quashed and set aside – Public Order – Constitution of India, 1950 – Art.22. Preventive Det…
Supreme Court of India4 Apr 2022Full text
2022 INSC 385 · [2022] 3 S.C.R. 1
C The Judgment of the Court was delivered by BELA M. TRIVEDI, J. 1. Special leave is granted. 2. The appellants (original accused) have assailed the order dated D 06.08.2021 passed by the High Court of Himachal Pradesh, Shimla in the Criminal Revision Petition No. 149 of 2012 filed by the appellants, dismissing the sam…
Supreme Court of India4 Apr 2022Full text
2022 INSC 384 · [2022] 9 S.C.R. 581
Held: AFT was entitled to reappreciate evidence to find out if any findings of the court martial are legally not sustainable due to any reason, or that the finding involves wrong decision on a question of law, or there was material irregularity in the course of trial resulting in miscarriage of justice – If view taken …
Supreme Court of India1 Apr 2022Full text
2022 INSC 383 · [2022] 13 S.C.R. 911
From the Judgment and Order dated 25.11.2021 of the High Court of Gujarat at Ahmedabad in R/Writ Petition (PIL) No.137 of 2021. Ms. Indira Jaising, Mihir Desai, Sr. Advs., Ms. Aparna Bhat, Paras Nath Singh, Ms. Karishma Maria, Mihir Joshi, Advs. for the Appellant. H 911 912 SUPREME COURT REPORTS [2022] 13 S.C.R. A Tush…
Supreme Court of India1 Apr 2022Full text
2022 INSC 382 · [2022] 5 S.C.R. 832
Evidence Act, 1872: Dying declaration – Evidentiary value of – In the instant case, as per dying declaration six/seven persons H 832 THE STATE OF UTTAR PRADESH v. SUBHASH @ PAPPU 833 attacked the deceased – Even in FIR, it was mentioned that six A persons attacked – Merely because the weapon used is not recovered canno…
Supreme Court of India1 Apr 2022Full text
2022 INSC 381 · [2022] 5 S.C.R. 579
Transfer of Property Act, 1882 – s. 3, Explanation I and II – Interpreatation Clause – Constructive Notice – Legal Position – Two things are important for the interpretation clause to come into effect so far as ‘constructive notice’ is concerned (i) wilful abstention from an enquiry or search; and (ii) gross negligence…
Supreme Court of India1 Apr 2022Full text
2022 INSC 380 · [2022] 14 S.C.R. 1100
not have allowed the application filed under Order VII Rule 11 and thereby reversed the order of the trial court and finally disposed of the suit - High Court failed to appreciate the second proviso to s. 115 of CPC (Orissa amendment) in its true perspective - Revisional court, being the High Court or the District Cour…
Supreme Court of India11 Jan 2022Full text
2022 INSC 38 · [2022] 2 S.C.R. 679
Repatriation of Prisoners Act, 2003 – Object of – Discussed. H 679 680 SUPREME COURT REPORTS [2022] 2 S.C.R. A Repatriation of Prisoners Act, 2003 – ss.12, 13(6) – Interpretation of – Held: s.12 makes it clear that the transfer of a prisoner who is a citizen of India from a contracting State wherein he is undergoing se…
Supreme Court of India1 Apr 2022Full text
2022 INSC 379 · [2022] 13 S.C.R. 287
Accordingly, the appeal is allowed, the impugned orders of the F High Court are set aside and the writ petition filed by the respondents is dismissed. [Paras 18 and 19][294-D-F] Bharat Coking Coal Ltd. v. Madanlal Agrawal (1997) 1 SCC 177 : [1996] 8 Suppl. SCR 886- followed. G New Satgram Engineering Works & Another v.…
Also on Law on Tips: Bare Acts · Legal news and analysis
Supreme Court of India3 Jan 2022Full text
2022 INSC 4 · [2022] 1 S.C.R. 105
[2022] 1 S.C.R. 105 105 KERALA STATE BEVERAGES MANUFACTURING & A MARKETING CORPORATION LTD. v. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1(1) B (Civil Appeal No. 11 of 2022) JANUARY 03, 2022 [R. SUBHASH REDDY AND HRISHIKESH ROY, JJ.] Income Tax Act, 1961: s.40(a)(iib) – Purpose of amendment C of Income Tax Act by…
Supreme Court of India6 Apr 2022Full text
2022 INSC 399 · [2022] 5 S.C.R. 657
GOA PUBLIC SERVICE COMMISSION v. PANKAJ RANE & ORS. 659 the written examination. It also contemplated the holding of an A interview but as regards the interview a separate minimum was not stipulated. But at the same time, the law giver has contemplated that the Commission is to prepare a select list wherein merit would…
Supreme Court of India6 Apr 2022Full text
2022 INSC 397 · [2022] 3 S.C.R. 22
appellants to step up the pay of respondents in view of pay scale which has been granted to the juniors from the date they have started drawing lesser pay than their juniors. Dismissing the appeals, the Court F HELD:1. Considering the facts and circumstances of the case, it cannot be said that the original writ petitio…
Supreme Court of India6 Apr 2022Full text
2022 INSC 396 · [2022] 2 S.C.R. 1001
[2022] 2 S.C.R. 1001 1001 UNION OF INDIA A v. PREMLATA AND OTHERS (Civil Appeal Nos. 176-177 of 2022) APRIL 06, 2022 B [M. R. SHAH AND B. V. NAGARATHNA, JJ.] Land Acquisition Act, 1894 – Comparable sales – s.4 notification issued to acquire 45 hectares 89 R land – Land Acquisition Officer awarded an amount of Rs.1,13,5…
Supreme Court of India6 Apr 2022Full text
2022 INSC 395 · [2022] 3 S.C.R. 134
CIVIL APPELLATE JURISDICTION : Civil Appeal No.2784 of 2022. F From the Judgment and Order dated 24.02.2021 of the High Court of Judicature at Bombay Bench at Aurangabad in Writ Petition No.3983 of 2020. Sachin Patil, Adv. for the Appellant. G Siddharth Bhatnagar, Sr. Adv., Nishant R. Katneshwarkar, Ravindra Keshavrao …
Supreme Court of India6 Apr 2022Full text
2022 INSC 394 · [2022] 2 S.C.R. 1041
B Allowing the appeal, the Court HELD: 1. The facts of the present case reveal that the State has, in a clandestine and arbitrary manner, actively tried to limit disbursal of compensation as required by law, only to those for which it was specifically prodded by the courts, rather than to all C those who are entitled. …
Supreme Court of India5 Apr 2022Full text
2022 INSC 390 · [2022] 6 S.C.R. 918
918 SUPREME COURT[2022]REPORTS6 S.C.R. 918 [2022] 6 S.C.R. A SHIKHAR & ANR. v. NATIONAL BOARD OF EXAMINATION & ORS. (Writ Petition (C) No. 208 of 2022) B APRIL 05, 2022 [DR DHANANJAYA Y CHANDRACHUD, SURYA KANT AND BELA M. TRIVEDI, JJ.] Education/Educational Institutions: Admission – Eligibility criteria – Formulation o…
Supreme Court of India11 Jan 2022Full text
2022 INSC 39 · [2022] 1 S.C.R. 443
Brijender Chahar, Sr. Adv., Gopal Jha, Gautam Singh, Shreyash Bhardwaj, Ms. Shirin Khajuria, Sandeep Sudhakar Deshmukh, Ms. Deeplaxmi Subhash Matwankar, Arjun Garg, Aakash Nandolia, Ms. E Sagun Srivastava, Sanjai Kr. Pathak, Ms. Shashi Pathak, Vivek Gupta, Ms. Jyoti Chahar, Karan Chahar, Ms. Asmita Singh, Gautam Naraya…
Supreme Court of India5 Apr 2022Full text
2022 INSC 389 · [2022] 4 S.C.R. 502
1956 (and its equivalent in the 2013 Act), but would depend on the terms of the amalgamation and the facts of each case – Companies Act, 1956 – ss.394(2) and 481 – Companies Act, 2013. Company Law – Amalgamation and winding up of a corporate entity – Difference. F Allowing the appeal, the Court HELD: 1. Amalgamation is…
Supreme Court of India4 Apr 2022Full text
2022 INSC 386 · [2022] 3 S.C.R. 5
5 6 SUPREME COURT REPORTS [2022] 3 S.C.R. A proceeding – Clear example of non-application of mind to material circumstances having a bearing on the subjective satisfaction of the detaining authority – Detention order accordingly quashed and set aside – Public Order – Constitution of India, 1950 – Art.22. Preventive Det…
Supreme Court of India4 Apr 2022Full text
2022 INSC 385 · [2022] 3 S.C.R. 1
C The Judgment of the Court was delivered by BELA M. TRIVEDI, J. 1. Special leave is granted. 2. The appellants (original accused) have assailed the order dated D 06.08.2021 passed by the High Court of Himachal Pradesh, Shimla in the Criminal Revision Petition No. 149 of 2012 filed by the appellants, dismissing the sam…
Supreme Court of India4 Apr 2022Full text
2022 INSC 384 · [2022] 9 S.C.R. 581
Held: AFT was entitled to reappreciate evidence to find out if any findings of the court martial are legally not sustainable due to any reason, or that the finding involves wrong decision on a question of law, or there was material irregularity in the course of trial resulting in miscarriage of justice – If view taken …
Supreme Court of India1 Apr 2022Full text
2022 INSC 383 · [2022] 13 S.C.R. 911
From the Judgment and Order dated 25.11.2021 of the High Court of Gujarat at Ahmedabad in R/Writ Petition (PIL) No.137 of 2021. Ms. Indira Jaising, Mihir Desai, Sr. Advs., Ms. Aparna Bhat, Paras Nath Singh, Ms. Karishma Maria, Mihir Joshi, Advs. for the Appellant. H 911 912 SUPREME COURT REPORTS [2022] 13 S.C.R. A Tush…
Supreme Court of India1 Apr 2022Full text
2022 INSC 382 · [2022] 5 S.C.R. 832
Evidence Act, 1872: Dying declaration – Evidentiary value of – In the instant case, as per dying declaration six/seven persons H 832 THE STATE OF UTTAR PRADESH v. SUBHASH @ PAPPU 833 attacked the deceased – Even in FIR, it was mentioned that six A persons attacked – Merely because the weapon used is not recovered canno…
Supreme Court of India1 Apr 2022Full text
2022 INSC 381 · [2022] 5 S.C.R. 579
Transfer of Property Act, 1882 – s. 3, Explanation I and II – Interpreatation Clause – Constructive Notice – Legal Position – Two things are important for the interpretation clause to come into effect so far as ‘constructive notice’ is concerned (i) wilful abstention from an enquiry or search; and (ii) gross negligence…
Supreme Court of India1 Apr 2022Full text
2022 INSC 380 · [2022] 14 S.C.R. 1100
not have allowed the application filed under Order VII Rule 11 and thereby reversed the order of the trial court and finally disposed of the suit - High Court failed to appreciate the second proviso to s. 115 of CPC (Orissa amendment) in its true perspective - Revisional court, being the High Court or the District Cour…
Supreme Court of India11 Jan 2022Full text
2022 INSC 38 · [2022] 2 S.C.R. 679
Repatriation of Prisoners Act, 2003 – Object of – Discussed. H 679 680 SUPREME COURT REPORTS [2022] 2 S.C.R. A Repatriation of Prisoners Act, 2003 – ss.12, 13(6) – Interpretation of – Held: s.12 makes it clear that the transfer of a prisoner who is a citizen of India from a contracting State wherein he is undergoing se…
Supreme Court of India1 Apr 2022Full text
2022 INSC 379 · [2022] 13 S.C.R. 287
Accordingly, the appeal is allowed, the impugned orders of the F High Court are set aside and the writ petition filed by the respondents is dismissed. [Paras 18 and 19][294-D-F] Bharat Coking Coal Ltd. v. Madanlal Agrawal (1997) 1 SCC 177 : [1996] 8 Suppl. SCR 886- followed. G New Satgram Engineering Works & Another v.…
Also on Law on Tips: Bare Acts · Legal news and analysis