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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.
3,321–3,340 · Page 167 of 500
Supreme Court of India31 Mar 2022Full text
2022 INSC 378 · [2022] 19 S.C.R. 42
Constitution (First Amendment) Act, 1951 — Article 31-B - It is settled law that any amendment made to a statute placed under the Ninth Schedule does not get protection under Article 31-B, unless the E said amendment is also included in the Ninth Schedule— Thus, Article 31-B does not operate as a hurdle for the State t…
Supreme Court of India31 Mar 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.
3,321–3,340 · Page 167 of 500
Supreme Court of India31 Mar 2022Full text
2022 INSC 378 · [2022] 19 S.C.R. 42
Constitution (First Amendment) Act, 1951 — Article 31-B - It is settled law that any amendment made to a statute placed under the Ninth Schedule does not get protection under Article 31-B, unless the E said amendment is also included in the Ninth Schedule— Thus, Article 31-B does not operate as a hurdle for the State t…
Supreme Court of India31 Mar 2022Full text
2022 INSC 377 · [2022] 4 S.C.R. 453
of the MMC Act, the Commissioner or the Corporation will not have power to suspend or initiate departmental inquiry against the AMC, is in ignorance of the provisions of s.56 and sub-section (9) of s.2 of the MMC Act – Sub-section (9) of s.2, ss.39A and 56 of the MMC Act will have to be read in reference to each other …
Supreme Court of India31 Mar 2022Full text
2022 INSC 375 · [2022] 14 S.C.R. 777
- The appellants invoked the writ jurisdiction of the High Court, staking their claim for revised pension with effect from 01.04.2010 E - Single Judge allowed the writ petition and held that by the Office Memorandum dated 24.12.2011, as far as the claim of the petitioners for grant of cash payment/actual benefits w.e.f…
Supreme Court of India31 Mar 2022Full text
2022 INSC 374 · [2022] 14 S.C.R. 1046
order of remand cannot also be passed for the mere purpose of remanding a proceeding to the lower court or the Tribunal – An endeavour has to be made by the Appellate Court to dispose of the case on merits – Where both the sides have led oral and documentary evidence, the Appellate Court has to decide the appeal D on m…
Supreme Court of India30 Mar 2022Full text
2022 INSC 372 · [2022] 1 S.C.R. 847
– On appeal, held: The exclusion of one of the natural heirs from the bequest, cannot by itself be a ground to hold that there are suspicious circumstances – In the matter of appreciating the E genuineness of execution of a Will, there is no place for the Court to see whether the distribution made by the testator was f…
Supreme Court of India30 Mar 2022Full text
2022 INSC 370 · [2022] 2 S.C.R. 876
by him without proper service of notice against respondent No. 1 – Issuance of directions in relation to his acts and omissions while functioning as the Deputy Commissioner – Held: Every erroneous, illegal or even perverse order/action, by itself, cannot be termed as wanting in good faith or suffering from malafide – A…
Supreme Court of India30 Mar 2022Full text
2022 INSC 369 · [2022] 14 S.C.R. 1070
R. Basant, Sr. Adv., E. M. S. Anam, Advs. for the Appellants. D V. Giri, Sr. Adv., Nishe Rajen Shonker, Abraham C. Mathew, Ms. Ankita Gupta, Advs. for the Respondents. The Judgment of the Court was delivered by V. RAMASUBRAMANIAN, J. E 1. Aggrieved by a common Judgment delivered by the High Court of Kerala in two Civil…
Supreme Court of India30 Mar 2022Full text
2022 INSC 368 · [2022] 2 S.C.R. 839
Rs. 51,35,289/- – Trial court decreed the suit partially directing the respondents to pay 24,97,077/- with 10% interest to the appellant – High Court allowed the appeal filed by respondent partially and reduced the decree amount to Rs.7,19,412/- – On appeal, held: The entire sequence of events showed that appellant was…
Supreme Court of India29 Mar 2022Full text
2022 INSC 364 · [2022] 1 S.C.R. 831
principles of determination of compensation, the total compensation comes out to be Rs. 49,93,000/- (comprising of Rs.11,18,880 towards loss of future earnings due to permanent disab…
Supreme Court of India29 Mar 2022Full text
2022 INSC 362 · [2022] 14 S.C.R. 1060
of the land in question was already taken over on 23.09.1986 and even the compensation amount of Rs.2.00 crores was deposited with the land and building department – Considering the decision in case of Indore Development Authority it cannot be said that the land acquisition proceedings are deemed to have lapsed u/sub-s…
Supreme Court of India29 Mar 2022Full text
2022 INSC 361 · [2022] 16 S.C.R. 897
– In appeal before this Court, case of the Municipal Council that the auction conducted in which the respondent was the highest bidder E was not approved by the State Government, and that till such time the auction is confirmed, it would not confer any equitable and legal right to the respondent; and it would be only a…
Supreme Court of India29 Mar 2022Full text
2022 INSC 360 · [2022] 15 S.C.R. 287
288 SUPREME COURT REPORTS [2022] 15 S.C.R. A the writ petitioners – General Nursing Training Course Rules, 1990 – Code of Civil Procedure,1908 – s.144. State of Punjab v. Rafiq Masih (2015) 4 SCC 334 : [2014] 13 SCR 1343 - held inapplicable. Indore Development Authority v. Manohar Lal (2020) B 8 SCC 129 : [2020] 3 SCR …
Supreme Court of India29 Mar 2022Full text
2022 INSC 359 · [2022] 2 S.C.R. 864
H 866 SUPREME COURT REPORTS [2022] 2 S.C.R. A V. Giri, Sr. Adv., Mehul M. Gupta, Ms. Ranjeeta Rohatgi, Ms. Samten Doma, Shrirang Varma, Ms. Pragya Bhagel, Advs. for the Appellant. Ms. Aishwarya Bhati, ASG, Ms. Arunima Dwivedi, Mohd. Akhi, Sughosh Subramanyam, Amit Sharma, Raghav Sharma, Ms. Poornima B Singh, Manvendra …
Supreme Court of India29 Mar 2022Full text
2022 INSC 358 · [2022] 17 S.C.R. 601
r.36 provides for the composition of the Inquiry Committee in a particular manner in the case of “an employee” and it provides for the composition of the Inquiry Committee in a different manner in the case of “the Head” – In the present case, the Departmental Inquiry Committee as originally constituted, had the Preside…
Supreme Court of India29 Mar 2022Full text
2022 INSC 356 · [2022] 2 S.C.R. 961
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. G 293 of 2018. From the Judgment and Order dated 27.02.2017 of the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.CRA-D-1033-DB of 2011. H 961 962 SUPREME COURT REPORTS [2022] 2 S.C.R. A A. Sirajudeen, Sr. Adv., Ms. Kamakshi S. Mehlwal, Advs. fo…
Supreme Court of India28 Mar 2022Full text
2022 INSC 353 · [2022] 2 S.C.R. 814
Allowing the appeals and remitting the matter to High Court, the Court HELD: 1. None of the grounds raised in the writ petitions has been dealt with and/or considered by the High Court on merits. G There is no discussion at all on any of the grounds raised in the writ petitions. The Division Bench of the High Court has…
Supreme Court of India28 Mar 2022Full text
2022 INSC 351 · [2022] 1 S.C.R. 842
H 842 JAI NARAIN VYAS UNIVERSITY, JODHPUR AND ANR. v. MUKESH 843 SHARMA ETC. ETC. CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 2096- A 2198 of 2022. From the Judgment and Order dated 13.08.2021 and 17.08.2021 of the High Court of Judicature for Rajasthan at Jodhpur in DB Civil Special Appeal Writ No. 347 of 2019, D.…
Supreme Court of India11 Jan 2022Full text
2022 INSC 35 · [2022] 1 S.C.R. 223
S. Nagamuthu, Sr. Adv., M. P. Parthiban, A. S. Vairawan, R. Sudhakaran, Mrs. Shalini Mishra, T. Hari H ara Sudhan, Vikash G. R., G Advs. for the Appellant. H MEERA v. STATE BY THE INSPECTOR OF POLICE 225 THIRUVOTRIYUR POLICE STATION CHENNAI The Judgment of the Court was delivered by A M. R. SHAH, J. 1. Feeling aggrieve…
Supreme Court of India28 Mar 2022Full text
2022 INSC 349 · [2022] 14 S.C.R. 1078
C Finance Act, 2016 – Chapter IX- Income Declaration Scheme – Scope and effect of – Discussed. Allowing the appeal, the Court HELD : 1.1 The basis for a valid re-opening of assessment should be availability of tangible material, which can lead the AO D to scrutinize the returns for the previous assessment year in quest…
Supreme Court of India28 Mar 2022Full text
2022 INSC 347 · [2022] 19 S.C.R. 100
regard to the issue of limitation for rejecting the plaint u/Or. VII r. 11(d);whether the Division Bench could have taken recourse to Or. XII r. 6, which was not the issue before the Single Bench, for rejecting the plaint; and whether Single Bench and Division Bench erred in referring to the written statements and the …
Also on Law on Tips: Bare Acts · Legal news and analysis
2022 INSC 377 · [2022] 4 S.C.R. 453
of the MMC Act, the Commissioner or the Corporation will not have power to suspend or initiate departmental inquiry against the AMC, is in ignorance of the provisions of s.56 and sub-section (9) of s.2 of the MMC Act – Sub-section (9) of s.2, ss.39A and 56 of the MMC Act will have to be read in reference to each other …
Supreme Court of India31 Mar 2022Full text
2022 INSC 375 · [2022] 14 S.C.R. 777
- The appellants invoked the writ jurisdiction of the High Court, staking their claim for revised pension with effect from 01.04.2010 E - Single Judge allowed the writ petition and held that by the Office Memorandum dated 24.12.2011, as far as the claim of the petitioners for grant of cash payment/actual benefits w.e.f…
Supreme Court of India31 Mar 2022Full text
2022 INSC 374 · [2022] 14 S.C.R. 1046
order of remand cannot also be passed for the mere purpose of remanding a proceeding to the lower court or the Tribunal – An endeavour has to be made by the Appellate Court to dispose of the case on merits – Where both the sides have led oral and documentary evidence, the Appellate Court has to decide the appeal D on m…
Supreme Court of India30 Mar 2022Full text
2022 INSC 372 · [2022] 1 S.C.R. 847
– On appeal, held: The exclusion of one of the natural heirs from the bequest, cannot by itself be a ground to hold that there are suspicious circumstances – In the matter of appreciating the E genuineness of execution of a Will, there is no place for the Court to see whether the distribution made by the testator was f…
Supreme Court of India30 Mar 2022Full text
2022 INSC 370 · [2022] 2 S.C.R. 876
by him without proper service of notice against respondent No. 1 – Issuance of directions in relation to his acts and omissions while functioning as the Deputy Commissioner – Held: Every erroneous, illegal or even perverse order/action, by itself, cannot be termed as wanting in good faith or suffering from malafide – A…
Supreme Court of India30 Mar 2022Full text
2022 INSC 369 · [2022] 14 S.C.R. 1070
R. Basant, Sr. Adv., E. M. S. Anam, Advs. for the Appellants. D V. Giri, Sr. Adv., Nishe Rajen Shonker, Abraham C. Mathew, Ms. Ankita Gupta, Advs. for the Respondents. The Judgment of the Court was delivered by V. RAMASUBRAMANIAN, J. E 1. Aggrieved by a common Judgment delivered by the High Court of Kerala in two Civil…
Supreme Court of India30 Mar 2022Full text
2022 INSC 368 · [2022] 2 S.C.R. 839
Rs. 51,35,289/- – Trial court decreed the suit partially directing the respondents to pay 24,97,077/- with 10% interest to the appellant – High Court allowed the appeal filed by respondent partially and reduced the decree amount to Rs.7,19,412/- – On appeal, held: The entire sequence of events showed that appellant was…
Supreme Court of India29 Mar 2022Full text
2022 INSC 364 · [2022] 1 S.C.R. 831
principles of determination of compensation, the total compensation comes out to be Rs. 49,93,000/- (comprising of Rs.11,18,880 towards loss of future earnings due to permanent disab…
Supreme Court of India29 Mar 2022Full text
2022 INSC 362 · [2022] 14 S.C.R. 1060
of the land in question was already taken over on 23.09.1986 and even the compensation amount of Rs.2.00 crores was deposited with the land and building department – Considering the decision in case of Indore Development Authority it cannot be said that the land acquisition proceedings are deemed to have lapsed u/sub-s…
Supreme Court of India29 Mar 2022Full text
2022 INSC 361 · [2022] 16 S.C.R. 897
– In appeal before this Court, case of the Municipal Council that the auction conducted in which the respondent was the highest bidder E was not approved by the State Government, and that till such time the auction is confirmed, it would not confer any equitable and legal right to the respondent; and it would be only a…
Supreme Court of India29 Mar 2022Full text
2022 INSC 360 · [2022] 15 S.C.R. 287
288 SUPREME COURT REPORTS [2022] 15 S.C.R. A the writ petitioners – General Nursing Training Course Rules, 1990 – Code of Civil Procedure,1908 – s.144. State of Punjab v. Rafiq Masih (2015) 4 SCC 334 : [2014] 13 SCR 1343 - held inapplicable. Indore Development Authority v. Manohar Lal (2020) B 8 SCC 129 : [2020] 3 SCR …
Supreme Court of India29 Mar 2022Full text
2022 INSC 359 · [2022] 2 S.C.R. 864
H 866 SUPREME COURT REPORTS [2022] 2 S.C.R. A V. Giri, Sr. Adv., Mehul M. Gupta, Ms. Ranjeeta Rohatgi, Ms. Samten Doma, Shrirang Varma, Ms. Pragya Bhagel, Advs. for the Appellant. Ms. Aishwarya Bhati, ASG, Ms. Arunima Dwivedi, Mohd. Akhi, Sughosh Subramanyam, Amit Sharma, Raghav Sharma, Ms. Poornima B Singh, Manvendra …
Supreme Court of India29 Mar 2022Full text
2022 INSC 358 · [2022] 17 S.C.R. 601
r.36 provides for the composition of the Inquiry Committee in a particular manner in the case of “an employee” and it provides for the composition of the Inquiry Committee in a different manner in the case of “the Head” – In the present case, the Departmental Inquiry Committee as originally constituted, had the Preside…
Supreme Court of India29 Mar 2022Full text
2022 INSC 356 · [2022] 2 S.C.R. 961
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. G 293 of 2018. From the Judgment and Order dated 27.02.2017 of the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.CRA-D-1033-DB of 2011. H 961 962 SUPREME COURT REPORTS [2022] 2 S.C.R. A A. Sirajudeen, Sr. Adv., Ms. Kamakshi S. Mehlwal, Advs. fo…
Supreme Court of India28 Mar 2022Full text
2022 INSC 353 · [2022] 2 S.C.R. 814
Allowing the appeals and remitting the matter to High Court, the Court HELD: 1. None of the grounds raised in the writ petitions has been dealt with and/or considered by the High Court on merits. G There is no discussion at all on any of the grounds raised in the writ petitions. The Division Bench of the High Court has…
Supreme Court of India28 Mar 2022Full text
2022 INSC 351 · [2022] 1 S.C.R. 842
H 842 JAI NARAIN VYAS UNIVERSITY, JODHPUR AND ANR. v. MUKESH 843 SHARMA ETC. ETC. CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 2096- A 2198 of 2022. From the Judgment and Order dated 13.08.2021 and 17.08.2021 of the High Court of Judicature for Rajasthan at Jodhpur in DB Civil Special Appeal Writ No. 347 of 2019, D.…
Supreme Court of India11 Jan 2022Full text
2022 INSC 35 · [2022] 1 S.C.R. 223
S. Nagamuthu, Sr. Adv., M. P. Parthiban, A. S. Vairawan, R. Sudhakaran, Mrs. Shalini Mishra, T. Hari H ara Sudhan, Vikash G. R., G Advs. for the Appellant. H MEERA v. STATE BY THE INSPECTOR OF POLICE 225 THIRUVOTRIYUR POLICE STATION CHENNAI The Judgment of the Court was delivered by A M. R. SHAH, J. 1. Feeling aggrieve…
Supreme Court of India28 Mar 2022Full text
2022 INSC 349 · [2022] 14 S.C.R. 1078
C Finance Act, 2016 – Chapter IX- Income Declaration Scheme – Scope and effect of – Discussed. Allowing the appeal, the Court HELD : 1.1 The basis for a valid re-opening of assessment should be availability of tangible material, which can lead the AO D to scrutinize the returns for the previous assessment year in quest…
Supreme Court of India28 Mar 2022Full text
2022 INSC 347 · [2022] 19 S.C.R. 100
regard to the issue of limitation for rejecting the plaint u/Or. VII r. 11(d);whether the Division Bench could have taken recourse to Or. XII r. 6, which was not the issue before the Single Bench, for rejecting the plaint; and whether Single Bench and Division Bench erred in referring to the written statements and the …
Also on Law on Tips: Bare Acts · Legal news and analysis