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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.
3,341–3,360 · Page 168 of 500
Supreme Court of India25 Mar 2022Full text
2022 INSC 346 · [2022] 2 S.C.R. 990
Imposition of a stay on the operation of an order means that the order which has been stayed would not be operative from the date C of passing of the stay order – However, it does not mean that the stayed order is wiped out from the existence, unless it is quashed – Once the proceedings, wherein a stay was granted, are…
Supreme Court of India25 Mar 2022Full text
2022 INSC 345 · [2022] 16 S.C.R. 855
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.
3,341–3,360 · Page 168 of 500
Supreme Court of India25 Mar 2022Full text
2022 INSC 346 · [2022] 2 S.C.R. 990
Imposition of a stay on the operation of an order means that the order which has been stayed would not be operative from the date C of passing of the stay order – However, it does not mean that the stayed order is wiped out from the existence, unless it is quashed – Once the proceedings, wherein a stay was granted, are…
Supreme Court of India25 Mar 2022Full text
2022 INSC 345 · [2022] 16 S.C.R. 855
Respondent No.1 then filed a petition seeking quashing of the said order and units operating without EC be closed – NGT held that the manufacturing units of the appellants, which did not have prior EC could not be allowed to operate – On appeal, held: Unit contributing to the economy of the country and providing liveli…
Supreme Court of India25 Mar 2022Full text
2022 INSC 344 · [2022] 2 S.C.R. 546
to the Company to explain the matter thus violating principles of natural justice – Aggrieved by the decision of the Tribunal, the appellant filed instant appeal – Held: The issue in the instant appeal as also the conclusions drawn by the Tribunal were factual in nature and hence did not give rise to any question of la…
Supreme Court of India24 Mar 2022Full text
2022 INSC 343 · [2022] 2 S.C.R. 568
568 GAURAV KUMAR BANSAL v. UNION OF INDIA & ORS. 569 of the claim applications by the State of Andhra Pradesh, Gujarat, A Kerala and Maharashtra at the first instance – Application accordingly disposed of – Disaster Management Act, 2005. CIVIL ORIGINAL JURISDICTION: Interlocutory Application No. 40111 of 2022 in Miscel…
Supreme Court of India24 Mar 2022Full text
2022 INSC 342 · [2022] 1 S.C.R. 780
THE STATE OF GUJARAT AND OTHERS v. R.J. PATHAN AND 781 OTHERS the State Government may create supernumerary posts – Such a A direction to create supernumerary posts is wholly without jurisdiction – Apparently, what weighed with the Division Bench was that respondents were continued in service for a long time, i.e., 17 …
Supreme Court of India24 Mar 2022Full text
2022 INSC 341 · [2022] 1 S.C.R. 771
High Court holding the Council would have no jurisdiction with respect to Respondent No.1 is not required to be interfered with. [Para 8.2][778-F-H; 779-A-B] 2. However, at the same time, the larger question/issue whether in a case where the buyer is located outside India but E has availed the services in India and/or …
Supreme Court of India11 Jan 2022Full text
2022 INSC 34 · [2022] 5 S.C.R. 291
[2022] 5 S.C.R. 291 291 THE PUNJAB STATE COOPERATIVE AGRICULTURAL A DEVELOPMENT BANK LTD. v. THE REGISTRAR,COOPERATIVE SOCIETIES AND OTHERS (Civil Appeal No. 297-298 of 2022) B JANUARY 11, 2022 [AJAY RASTOGI AND ABHAY S. OKA, JJ.] Service Law – Punjab State Cooperative Agricultural Land Mortgage Banks Service (Common C…
Supreme Court of India24 Mar 2022Full text
2022 INSC 339 · [2022] 1 S.C.R. 813
813 814 SUPREME COURT REPORTS [2022] 1 S.C.R. A ought to have referred the question of what constitutes relevant subjects, before the process of selection began – Neither the University nor the Chancellor took a stand in the first instance that the appellant was not qualified in the “relevant subject” – Their initial o…
Supreme Court of India23 Mar 2022Full text
2022 INSC 336 · [2022] 3 S.C.R. 297
LAXMIKANT & ORS. v. STATE OF MAHARASHTRA & ORS. 299 Shashibhushan P. Adgaonkar, Rana Sandeep Bussa, Gagandeep A Sharma, Omkar J. Deshpande, Ms. Ruchi Rathi, Advs. for the Appellants. Aniruddha Joshi, Rahul Chitnis, Sachin Patil, Aaditya A. Pande, Geo Joseph, Ms. Shwetal Shepal, Shirish K. Deshpande, Ms. Rucha Pravin Ma…
Supreme Court of India23 Mar 2022Full text
2022 INSC 335 · [2022] 1 S.C.R. 826
– Civil court rejected the application – However, on revision, High Court allowed the application under Or.7 r.11 and held that in view E of s.257 of the MPLRC the jurisdiction of civil court is barred – On appeal, held: Respondents cannot be permitted to take two contradictory stands before two different authorities/c…
Supreme Court of India23 Mar 2022Full text
2022 INSC 333 · [2022] 14 S.C.R. 765
the pay and allowances to be paid and also as to whether the period of such absence is being treated as period spent on duty – Where the employee is not fully exonerated and therefore is governed by r.54(3), then the period of absence is not to be treated as duty unless the authority specifically directs that it shall …
Supreme Court of India23 Mar 2022Full text
2022 INSC 332 · [2022] 16 S.C.R. 946
the Act, insofar as they do not rely upon the proceedings on the aforesaid Court of Inquiry” – Appellants, instead of invoking r.180 of the Army Rules, wherein opportunity was to be provided to the respondent, resorted to r.22 of the Army Rules and ordered attachment of the respondent under s.123 of the Army Act – This…
Supreme Court of India23 Mar 2022Full text
2022 INSC 331 · [2022] 18 S.C.R. 516
promoters, inter alia, in the States of Karnataka and Kerala – As per the decision of the High Courts, the States of Karnataka and Kerala were directed to refund the amounts deposited by the Respondents States who had organised the lottery schemes - The present set of appeals have been preferred by the States of Karnat…
Supreme Court of India22 Mar 2022Full text
2022 INSC 330 · [2022] 1 S.C.R. 807
the land acquired in 2008 – Moreover, Ex.P.17 was a consent award – The consent award ought not to have been relied upon and/or considered for determining the compensation in case of another acquisition – Even otherwise, High Court determined the compensation relying upon Ex.P.17 mechanically – High Court did not at al…
Supreme Court of India11 Jan 2022Full text
2022 INSC 33 · [2022] 2 S.C.R. 376
was barred by limitation and that it was not maintainable under the Consumer Protection Act, 1986 since it was in the nature of a recovery proceeding and not a consumer dispute – Held: Respondent was responsible for transferring the title to the flats to the society along with the occupancy certificate – Failure of res…
Supreme Court of India22 Mar 2022Full text
2022 INSC 327 · [2022] 1 S.C.R. 790
– Tribunal also observed that even otherwise, enquiry proceedings E were in breach of principles of natural justice in as much as relevant documents mentioned in charge sheet were not at all supplied to the respondent – High Court upheld the order of Tribunal – On appeal, held: The Doctrine of Equality ought not to hav…
Supreme Court of India22 Mar 2022Full text
2022 INSC 326 · [2022] 1 S.C.R. 884
petition filed by the Appellants – Hence instant appeal – Held: There can be no doubt that a mere breach of contract is not in itself a criminal offence and gives rise to the civil liability of damages – While breach of contract cannot give rise to criminal prosecution, for cheating, fraudulent or dishonest intention i…
Supreme Court of India22 Mar 2022Full text
2022 INSC 325 · [2022] 4 S.C.R. 309
Code Of Civil Procedure, 1908 – Or.14 r. 2 – Adjudication upon all issues along with Preliminary Issue – The courts should adjudicate on all the issues and give its findings on all the issues and not to pronounce the judgment only on one of the issues – The F purpose is to avoid the increase of burden on the appellate …
Supreme Court of India22 Mar 2022Full text
2022 INSC 323 · [2022] 1 S.C.R. 798
Tarun Gupta, Adv. for the Ap…
Supreme Court of India22 Mar 2022Full text
2022 INSC 322 · [2022] 2 S.C.R. 574
its review to determine whether: (i) the rules of natural justice were complied with; (ii) the finding of misconduct was based on some evidence; (iii) the statutory rules were observed; and (iv) the findings of the disciplinary authority suffered from perversity; and (vi) the penalty was disproportionate to the proven …
Also on Law on Tips: Bare Acts · Legal news and analysis
Respondent No.1 then filed a petition seeking quashing of the said order and units operating without EC be closed – NGT held that the manufacturing units of the appellants, which did not have prior EC could not be allowed to operate – On appeal, held: Unit contributing to the economy of the country and providing liveli…
Supreme Court of India25 Mar 2022Full text
2022 INSC 344 · [2022] 2 S.C.R. 546
to the Company to explain the matter thus violating principles of natural justice – Aggrieved by the decision of the Tribunal, the appellant filed instant appeal – Held: The issue in the instant appeal as also the conclusions drawn by the Tribunal were factual in nature and hence did not give rise to any question of la…
Supreme Court of India24 Mar 2022Full text
2022 INSC 343 · [2022] 2 S.C.R. 568
568 GAURAV KUMAR BANSAL v. UNION OF INDIA & ORS. 569 of the claim applications by the State of Andhra Pradesh, Gujarat, A Kerala and Maharashtra at the first instance – Application accordingly disposed of – Disaster Management Act, 2005. CIVIL ORIGINAL JURISDICTION: Interlocutory Application No. 40111 of 2022 in Miscel…
Supreme Court of India24 Mar 2022Full text
2022 INSC 342 · [2022] 1 S.C.R. 780
THE STATE OF GUJARAT AND OTHERS v. R.J. PATHAN AND 781 OTHERS the State Government may create supernumerary posts – Such a A direction to create supernumerary posts is wholly without jurisdiction – Apparently, what weighed with the Division Bench was that respondents were continued in service for a long time, i.e., 17 …
Supreme Court of India24 Mar 2022Full text
2022 INSC 341 · [2022] 1 S.C.R. 771
High Court holding the Council would have no jurisdiction with respect to Respondent No.1 is not required to be interfered with. [Para 8.2][778-F-H; 779-A-B] 2. However, at the same time, the larger question/issue whether in a case where the buyer is located outside India but E has availed the services in India and/or …
Supreme Court of India11 Jan 2022Full text
2022 INSC 34 · [2022] 5 S.C.R. 291
[2022] 5 S.C.R. 291 291 THE PUNJAB STATE COOPERATIVE AGRICULTURAL A DEVELOPMENT BANK LTD. v. THE REGISTRAR,COOPERATIVE SOCIETIES AND OTHERS (Civil Appeal No. 297-298 of 2022) B JANUARY 11, 2022 [AJAY RASTOGI AND ABHAY S. OKA, JJ.] Service Law – Punjab State Cooperative Agricultural Land Mortgage Banks Service (Common C…
Supreme Court of India24 Mar 2022Full text
2022 INSC 339 · [2022] 1 S.C.R. 813
813 814 SUPREME COURT REPORTS [2022] 1 S.C.R. A ought to have referred the question of what constitutes relevant subjects, before the process of selection began – Neither the University nor the Chancellor took a stand in the first instance that the appellant was not qualified in the “relevant subject” – Their initial o…
Supreme Court of India23 Mar 2022Full text
2022 INSC 336 · [2022] 3 S.C.R. 297
LAXMIKANT & ORS. v. STATE OF MAHARASHTRA & ORS. 299 Shashibhushan P. Adgaonkar, Rana Sandeep Bussa, Gagandeep A Sharma, Omkar J. Deshpande, Ms. Ruchi Rathi, Advs. for the Appellants. Aniruddha Joshi, Rahul Chitnis, Sachin Patil, Aaditya A. Pande, Geo Joseph, Ms. Shwetal Shepal, Shirish K. Deshpande, Ms. Rucha Pravin Ma…
Supreme Court of India23 Mar 2022Full text
2022 INSC 335 · [2022] 1 S.C.R. 826
– Civil court rejected the application – However, on revision, High Court allowed the application under Or.7 r.11 and held that in view E of s.257 of the MPLRC the jurisdiction of civil court is barred – On appeal, held: Respondents cannot be permitted to take two contradictory stands before two different authorities/c…
Supreme Court of India23 Mar 2022Full text
2022 INSC 333 · [2022] 14 S.C.R. 765
the pay and allowances to be paid and also as to whether the period of such absence is being treated as period spent on duty – Where the employee is not fully exonerated and therefore is governed by r.54(3), then the period of absence is not to be treated as duty unless the authority specifically directs that it shall …
Supreme Court of India23 Mar 2022Full text
2022 INSC 332 · [2022] 16 S.C.R. 946
the Act, insofar as they do not rely upon the proceedings on the aforesaid Court of Inquiry” – Appellants, instead of invoking r.180 of the Army Rules, wherein opportunity was to be provided to the respondent, resorted to r.22 of the Army Rules and ordered attachment of the respondent under s.123 of the Army Act – This…
Supreme Court of India23 Mar 2022Full text
2022 INSC 331 · [2022] 18 S.C.R. 516
promoters, inter alia, in the States of Karnataka and Kerala – As per the decision of the High Courts, the States of Karnataka and Kerala were directed to refund the amounts deposited by the Respondents States who had organised the lottery schemes - The present set of appeals have been preferred by the States of Karnat…
Supreme Court of India22 Mar 2022Full text
2022 INSC 330 · [2022] 1 S.C.R. 807
the land acquired in 2008 – Moreover, Ex.P.17 was a consent award – The consent award ought not to have been relied upon and/or considered for determining the compensation in case of another acquisition – Even otherwise, High Court determined the compensation relying upon Ex.P.17 mechanically – High Court did not at al…
Supreme Court of India11 Jan 2022Full text
2022 INSC 33 · [2022] 2 S.C.R. 376
was barred by limitation and that it was not maintainable under the Consumer Protection Act, 1986 since it was in the nature of a recovery proceeding and not a consumer dispute – Held: Respondent was responsible for transferring the title to the flats to the society along with the occupancy certificate – Failure of res…
Supreme Court of India22 Mar 2022Full text
2022 INSC 327 · [2022] 1 S.C.R. 790
– Tribunal also observed that even otherwise, enquiry proceedings E were in breach of principles of natural justice in as much as relevant documents mentioned in charge sheet were not at all supplied to the respondent – High Court upheld the order of Tribunal – On appeal, held: The Doctrine of Equality ought not to hav…
Supreme Court of India22 Mar 2022Full text
2022 INSC 326 · [2022] 1 S.C.R. 884
petition filed by the Appellants – Hence instant appeal – Held: There can be no doubt that a mere breach of contract is not in itself a criminal offence and gives rise to the civil liability of damages – While breach of contract cannot give rise to criminal prosecution, for cheating, fraudulent or dishonest intention i…
Supreme Court of India22 Mar 2022Full text
2022 INSC 325 · [2022] 4 S.C.R. 309
Code Of Civil Procedure, 1908 – Or.14 r. 2 – Adjudication upon all issues along with Preliminary Issue – The courts should adjudicate on all the issues and give its findings on all the issues and not to pronounce the judgment only on one of the issues – The F purpose is to avoid the increase of burden on the appellate …
Supreme Court of India22 Mar 2022Full text
2022 INSC 323 · [2022] 1 S.C.R. 798
Tarun Gupta, Adv. for the Ap…
Supreme Court of India22 Mar 2022Full text
2022 INSC 322 · [2022] 2 S.C.R. 574
its review to determine whether: (i) the rules of natural justice were complied with; (ii) the finding of misconduct was based on some evidence; (iii) the statutory rules were observed; and (iv) the findings of the disciplinary authority suffered from perversity; and (vi) the penalty was disproportionate to the proven …
Also on Law on Tips: Bare Acts · Legal news and analysis