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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.
3,461–3,480 · Page 174 of 500
Supreme Court of India11 Feb 2022Full text
2022 INSC 178 · [2022] 16 S.C.R. 420
years, there were no allegations against him, the punishment of removal for the charges proved and the misconduct established, is too harsh and disproportionate – However, considering the fact that it can be said to be a case of loss of confidence in the employee by the Bank, it is deemed just and proper to substitute …
Supreme Court of India11 Feb 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.
3,461–3,480 · Page 174 of 500
Supreme Court of India11 Feb 2022Full text
2022 INSC 178 · [2022] 16 S.C.R. 420
years, there were no allegations against him, the punishment of removal for the charges proved and the misconduct established, is too harsh and disproportionate – However, considering the fact that it can be said to be a case of loss of confidence in the employee by the Bank, it is deemed just and proper to substitute …
Supreme Court of India11 Feb 2022Full text
2022 INSC 177 · [2022] 2 S.C.R. 175
F Gurshinder Singh v. Shriram General Insurance Company Ltd. & Another 2020 (11) SCC 612 : [2020] 2 SCR 564 – relied on. Case Law Reference [2020] 2 SCR 564 relied on Para 8 G CIVIL APPELLATE JURISDICTION: Civil Appeal No.1069 of 2022. From the Judgment and Order dated 09.09.2016 of the National Consumer Disputes Redre…
Supreme Court of India10 Feb 2022Full text
2022 INSC 173 · [2022] 1 S.C.R. 696
that the release may result in resentment on the side of the victim, but this is a general consideration – Order rejecting the application for premature release suffers from a complete and patent non-application of mind – Issuance of direction to reconsider the application of the petitioner for premature release afresh…
Supreme Court of India10 Feb 2022Full text
2022 INSC 172 · [2022] 1 S.C.R. 545
Allowing the appeal and remitting the matter to Division Bench of High Court, the Court HELD: 1. The High Court has not at all noted and/or considered that with respect to the very acquisition and the H 545 546 SUPREME COURT REPORTS [2022] 1 S.C.R. A notifications under Sections 4 and 6 dated 12.07.1994 and 26.05.1995 …
Supreme Court of India10 Feb 2022Full text
2022 INSC 171 · [2022] 15 S.C.R. 57
58 SUPREME COURT REPORTS [2022] 15 S.C.R. A – As such, the petitioner had discharged her burden and the onus is shifted on the respondent to show that the petitioner’s transfer order was fair and reasonable in the facts and circumstances of the case – Respondent has failed to discharge its burden – In the peculiar fact…
Supreme Court of India10 Feb 2022Full text
2022 INSC 170 · [2022] 1 S.C.R. 570
Disposing of the appeal, the Court HELD: 1. In Pranay Sethi, this Court held that the age of the deceased is the basis for applying suitable multiplier and that the compensation is to be determined keeping in view the future F prospects. The future prospects were held to 15% in respect of a deceased between the age of …
Supreme Court of India10 Feb 2022Full text
2022 INSC 169 · [2022] 1 S.C.R. 1100
–The bank/secured creditor could be restrained from selling the mortgaged property/secured property if the borrower deposited entire dues that was Rs.1,85,37,218.80/- as on 07.01.2013 with the secured creditor – DRT in its order which as such was an interim relief order pending appeal u/s.17 of the SARFAESI Act was not…
Supreme Court of India9 Feb 2022Full text
2022 INSC 167 · [2022] 3 S.C.R. 1081
F 2. The Trial Court was absolutely justified in rejecting the plaint on the ground that the suit for the reliefs sought challenging the Compromise Decree would not be maintainable. Now, so far as the submission on behalf of the plaintiff that in the suit the plaintiff has not specifically prayed for setting aside the …
Supreme Court of India9 Feb 2022Full text
2022 INSC 166 · [2022] 1 S.C.R. 550
HELD:1. Respondent No.1 – accused No.2 was named in the FIR. There are three eye witnesses to the incident namely PW-1, PW-2 and PW-4 and all the prosecution witnesses have G named respondent No.1 – accused No.2 and all of them have stated that both the accused came at the pumping set where the deceased was sleeping an…
Supreme Court of India9 Feb 2022Full text
2022 INSC 165 · [2022] 13 S.C.R. 569
together all claims arising from a cause of action will be visited with consequences proclaimed in Order II r. 2 - CPC permits a plaintiff to join causes of action but it does not compel a plaintiff to do so. Code of Civil Procedure, 1908 - Partition -D Lawlookswithdisfavor upon properties being partitioned partially -…
Supreme Court of India9 Feb 2022Full text
2022 INSC 164 · [2022] 2 S.C.R. 13
PAPPU v. THE STATE OF UTTAR PRADESH 15 – Present appeals are by special leave in terms of Art.136 of the A Constitution of India – In an appeal by special leave, where the trial court and the High Court concurrently returns findings of fact after appreciation of evidence, each and every finding of fact cannot…
Supreme Court of India8 Feb 2022Full text
2022 INSC 162 · [2022] 1 S.C.R. 1083
[2022] 1 S.C.R. 1083 1083 NAWABUDDIN A v. STATE OF UTTARAKHAND (Criminal Appeal No. 144 of 2022) FEBRUARY 08, 2022 B [M. R. SHAH AND B.V. NAGARATHNA, JJ.] Protection of Children from Sexual Offences Act, 2012: ss.5/ 6 – Penal Code, 1860 – s.376(2)(i) – Prosecution case was that the appellant-accused was neighbour of PW…
Supreme Court of India5 Jan 2022Full text
2022 INSC 16 · [2022] 1 S.C.R. 479
[2022] 1 S.C.R. 479 479 SHRI KSHETRIMAYUM MAHESHKUMAR SINGH AND ANR. A v. THE MANIPUR UNIVERSITY AND ORS. (Civil Appeal No. 163 of 2022) B JANUARY 05, 2022 [L. NAGESWARA RAO AND HIMA KOHLI, JJ.] Education/Educational Institutions – Central Educational Institutions (Reservation in admission) Act, 2006 (as amended in 201…
Supreme Court of India7 Feb 2022Full text
2022 INSC 159 · [2022] 2 S.C.R. 120
consideration only because they were not on record before NCLT – NCLT directed to re-consider the s.9 application filed by respondent-applicant while taking into consideration the additional documents taken on the record and at the same time, while extending adequate opportunity of hearing to the corporate debtor. H 12…
Supreme Court of India7 Feb 2022Full text
2022 INSC 158 · [2022] 1 S.C.R. 597
2. A close scrutiny of the judgments in Sanjay Dutt, Madar Sheikh and M. Ravindran would show that there is nothing contrary to what has been decided in Bhikamchand Jain. In all G these judgments which are relied upon by either side, this Court had categorically laid down that the indefeasible right of an accused to se…
Supreme Court of India7 Feb 2022Full text
2022 INSC 157 · [2022] 1 S.C.R. 577
conceding in course of proceedings to a compromise – Such compromise, when not justified – Held: Fairness demands that public bodies, as model employers, do not pursue untenable submissions – In such cases, a concession, which is based on law, and accords to a just interpretation of the concerned law and/or rules, is s…
Supreme Court of India7 Feb 2022Full text
2022 INSC 156 · [2022] 19 S.C.R. 583
1.2 KVPs issued by the post office are a promissory instrument as defined by Section 4 of the Negotiable Instruments E Act. Section 13 of the NI Act states that a negotiable instrument may be payable either to order or to bearer. Sections 15 and 16 of the NI Act define ‘indorsement’, ‘indorsee’, ‘indorser’ and ‘indorse…
Supreme Court of India7 Feb 2022Full text
2022 INSC 155 · [2022] 19 S.C.R. 1226
STATE OF ANDHRA PRADESH (NOW STATE OF TELANGANA) v. 1227 A. P. STATE WAKF BOARD finding of the Wakf Board is final, subject to the right of appeal A under sub-section (2) – Thus, any decision of the Board is required to be as a reasoned order which could be tested in appeal before the Wakf Tribunal – The Wakf Board has…
Supreme Court of India4 Feb 2022Full text
2022 INSC 154 · [2022] 1 S.C.R. 631
in the context of the Covid-19 pandemic – The protocol and the Standard Operating Procedure are accepted and an order is passed in terms of the statement which has been jointly placed on the record of these proceedings – Judgment of High Court set aside – Writ petition would be governed by the agreed statement which ha…
Supreme Court of India4 Feb 2022Full text
2022 INSC 153 · [2022] 1 S.C.R. 529
THE STATE OF UTTARAKHAND v. SACHENDRA SINGH RAWAT 531 by the High Court is unsustainable both, on facts as well as on A law. The respondent-accused is held guilty for the offence under Section 302 IPC for having killed and/or committed the murder of the deceased and he is sentenced to undergo life imprisonment. [Paras …
Also on Law on Tips: Bare Acts · Legal news and analysis
2022 INSC 177 · [2022] 2 S.C.R. 175
F Gurshinder Singh v. Shriram General Insurance Company Ltd. & Another 2020 (11) SCC 612 : [2020] 2 SCR 564 – relied on. Case Law Reference [2020] 2 SCR 564 relied on Para 8 G CIVIL APPELLATE JURISDICTION: Civil Appeal No.1069 of 2022. From the Judgment and Order dated 09.09.2016 of the National Consumer Disputes Redre…
Supreme Court of India10 Feb 2022Full text
2022 INSC 173 · [2022] 1 S.C.R. 696
that the release may result in resentment on the side of the victim, but this is a general consideration – Order rejecting the application for premature release suffers from a complete and patent non-application of mind – Issuance of direction to reconsider the application of the petitioner for premature release afresh…
Supreme Court of India10 Feb 2022Full text
2022 INSC 172 · [2022] 1 S.C.R. 545
Allowing the appeal and remitting the matter to Division Bench of High Court, the Court HELD: 1. The High Court has not at all noted and/or considered that with respect to the very acquisition and the H 545 546 SUPREME COURT REPORTS [2022] 1 S.C.R. A notifications under Sections 4 and 6 dated 12.07.1994 and 26.05.1995 …
Supreme Court of India10 Feb 2022Full text
2022 INSC 171 · [2022] 15 S.C.R. 57
58 SUPREME COURT REPORTS [2022] 15 S.C.R. A – As such, the petitioner had discharged her burden and the onus is shifted on the respondent to show that the petitioner’s transfer order was fair and reasonable in the facts and circumstances of the case – Respondent has failed to discharge its burden – In the peculiar fact…
Supreme Court of India10 Feb 2022Full text
2022 INSC 170 · [2022] 1 S.C.R. 570
Disposing of the appeal, the Court HELD: 1. In Pranay Sethi, this Court held that the age of the deceased is the basis for applying suitable multiplier and that the compensation is to be determined keeping in view the future F prospects. The future prospects were held to 15% in respect of a deceased between the age of …
Supreme Court of India10 Feb 2022Full text
2022 INSC 169 · [2022] 1 S.C.R. 1100
–The bank/secured creditor could be restrained from selling the mortgaged property/secured property if the borrower deposited entire dues that was Rs.1,85,37,218.80/- as on 07.01.2013 with the secured creditor – DRT in its order which as such was an interim relief order pending appeal u/s.17 of the SARFAESI Act was not…
Supreme Court of India9 Feb 2022Full text
2022 INSC 167 · [2022] 3 S.C.R. 1081
F 2. The Trial Court was absolutely justified in rejecting the plaint on the ground that the suit for the reliefs sought challenging the Compromise Decree would not be maintainable. Now, so far as the submission on behalf of the plaintiff that in the suit the plaintiff has not specifically prayed for setting aside the …
Supreme Court of India9 Feb 2022Full text
2022 INSC 166 · [2022] 1 S.C.R. 550
HELD:1. Respondent No.1 – accused No.2 was named in the FIR. There are three eye witnesses to the incident namely PW-1, PW-2 and PW-4 and all the prosecution witnesses have G named respondent No.1 – accused No.2 and all of them have stated that both the accused came at the pumping set where the deceased was sleeping an…
Supreme Court of India9 Feb 2022Full text
2022 INSC 165 · [2022] 13 S.C.R. 569
together all claims arising from a cause of action will be visited with consequences proclaimed in Order II r. 2 - CPC permits a plaintiff to join causes of action but it does not compel a plaintiff to do so. Code of Civil Procedure, 1908 - Partition -D Lawlookswithdisfavor upon properties being partitioned partially -…
Supreme Court of India9 Feb 2022Full text
2022 INSC 164 · [2022] 2 S.C.R. 13
PAPPU v. THE STATE OF UTTAR PRADESH 15 – Present appeals are by special leave in terms of Art.136 of the A Constitution of India – In an appeal by special leave, where the trial court and the High Court concurrently returns findings of fact after appreciation of evidence, each and every finding of fact cannot…
Supreme Court of India8 Feb 2022Full text
2022 INSC 162 · [2022] 1 S.C.R. 1083
[2022] 1 S.C.R. 1083 1083 NAWABUDDIN A v. STATE OF UTTARAKHAND (Criminal Appeal No. 144 of 2022) FEBRUARY 08, 2022 B [M. R. SHAH AND B.V. NAGARATHNA, JJ.] Protection of Children from Sexual Offences Act, 2012: ss.5/ 6 – Penal Code, 1860 – s.376(2)(i) – Prosecution case was that the appellant-accused was neighbour of PW…
Supreme Court of India5 Jan 2022Full text
2022 INSC 16 · [2022] 1 S.C.R. 479
[2022] 1 S.C.R. 479 479 SHRI KSHETRIMAYUM MAHESHKUMAR SINGH AND ANR. A v. THE MANIPUR UNIVERSITY AND ORS. (Civil Appeal No. 163 of 2022) B JANUARY 05, 2022 [L. NAGESWARA RAO AND HIMA KOHLI, JJ.] Education/Educational Institutions – Central Educational Institutions (Reservation in admission) Act, 2006 (as amended in 201…
Supreme Court of India7 Feb 2022Full text
2022 INSC 159 · [2022] 2 S.C.R. 120
consideration only because they were not on record before NCLT – NCLT directed to re-consider the s.9 application filed by respondent-applicant while taking into consideration the additional documents taken on the record and at the same time, while extending adequate opportunity of hearing to the corporate debtor. H 12…
Supreme Court of India7 Feb 2022Full text
2022 INSC 158 · [2022] 1 S.C.R. 597
2. A close scrutiny of the judgments in Sanjay Dutt, Madar Sheikh and M. Ravindran would show that there is nothing contrary to what has been decided in Bhikamchand Jain. In all G these judgments which are relied upon by either side, this Court had categorically laid down that the indefeasible right of an accused to se…
Supreme Court of India7 Feb 2022Full text
2022 INSC 157 · [2022] 1 S.C.R. 577
conceding in course of proceedings to a compromise – Such compromise, when not justified – Held: Fairness demands that public bodies, as model employers, do not pursue untenable submissions – In such cases, a concession, which is based on law, and accords to a just interpretation of the concerned law and/or rules, is s…
Supreme Court of India7 Feb 2022Full text
2022 INSC 156 · [2022] 19 S.C.R. 583
1.2 KVPs issued by the post office are a promissory instrument as defined by Section 4 of the Negotiable Instruments E Act. Section 13 of the NI Act states that a negotiable instrument may be payable either to order or to bearer. Sections 15 and 16 of the NI Act define ‘indorsement’, ‘indorsee’, ‘indorser’ and ‘indorse…
Supreme Court of India7 Feb 2022Full text
2022 INSC 155 · [2022] 19 S.C.R. 1226
STATE OF ANDHRA PRADESH (NOW STATE OF TELANGANA) v. 1227 A. P. STATE WAKF BOARD finding of the Wakf Board is final, subject to the right of appeal A under sub-section (2) – Thus, any decision of the Board is required to be as a reasoned order which could be tested in appeal before the Wakf Tribunal – The Wakf Board has…
Supreme Court of India4 Feb 2022Full text
2022 INSC 154 · [2022] 1 S.C.R. 631
in the context of the Covid-19 pandemic – The protocol and the Standard Operating Procedure are accepted and an order is passed in terms of the statement which has been jointly placed on the record of these proceedings – Judgment of High Court set aside – Writ petition would be governed by the agreed statement which ha…
Supreme Court of India4 Feb 2022Full text
2022 INSC 153 · [2022] 1 S.C.R. 529
THE STATE OF UTTARAKHAND v. SACHENDRA SINGH RAWAT 531 by the High Court is unsustainable both, on facts as well as on A law. The respondent-accused is held guilty for the offence under Section 302 IPC for having killed and/or committed the murder of the deceased and he is sentenced to undergo life imprisonment. [Paras …
Also on Law on Tips: Bare Acts · Legal news and analysis