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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.
3,541–3,560 · Page 178 of 500
Supreme Court of India15 Dec 2022Full text
2022 INSC 1290 · [2022] 17 S.C.R. 752
decision of this Court in the case of Indore Development Authority v. Manoharlal and Ors. – Order of High Court is set aside. Allowing the appeal, the Court HELD: 1. Before the High Court, a counter affidavit was H filed by LAC as well as DDA and in which it was specifically 752 DELHI DEVELOPMENT AUTHORITY v. CHANDERMA…
Supreme Court of India1 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.
3,541–3,560 · Page 178 of 500
Supreme Court of India15 Dec 2022Full text
2022 INSC 1290 · [2022] 17 S.C.R. 752
decision of this Court in the case of Indore Development Authority v. Manoharlal and Ors. – Order of High Court is set aside. Allowing the appeal, the Court HELD: 1. Before the High Court, a counter affidavit was H filed by LAC as well as DDA and in which it was specifically 752 DELHI DEVELOPMENT AUTHORITY v. CHANDERMA…
Supreme Court of India1 Feb 2022Full text
2022 INSC 129 · [2022] 12 S.C.R. 299
open. Code of Civil Procedure, 1908 – Or. XXXIX r. 2-A – A civil contempt can be made out u/Or.XXXIX r. 2-A not when there has been mere ‘disobedience’, but only when there has been ‘wilful disobedience’ – Since the allegation of wilful disobedience is F criminal in nature, the same has to be proved to the satisfaction…
Supreme Court of India15 Dec 2022Full text
2022 INSC 1289 · [2022] 17 S.C.R. 802
and order passed by the High Court is unsustainable and the same deserves to be quashed. Allowing the appeal, the Court HELD: 1. As per the recent decision of the Constitution H Bench of this Court in the case of Indore Development Authority 802 GOVT. OF NCT OF DELHI v. MOHD. MAQBOOL & ORS. 803 v. Manoharlal and others…
Supreme Court of India15 Dec 2022Full text
2022 INSC 1288 · [2022] 17 S.C.R. 765
[2022] 17 S.C.R. 765 765 THE STATE OF GUJARAT A v. SANDIP OMPRAKASH GUPTA (Criminal Appeal No. 2291 of 2022) DECEMBER 15, 2022 B [S. ABDUL NAZEER AND J. B. PARDIWALA, JJ.] Gujarat Control of Terrorism and Organised Crime Act, 2015: s.2(1)(c) – Whether an FIR under the 2015 Act is maintainable in law or can be registere…
Supreme Court of India15 Dec 2022Full text
2022 INSC 1287 · [2022] 17 S.C.R. 739
– Complaint allowed – Consumer Protection. G Consumer Protection – Insurance policy – Presumption of acceptance of the policy by the insurer – Ratio of decision in Raja Vasireddy Komalavalli Kamba case as clarified in D. Srinivas case – Discussed. H 739 740 SUPREME COURT REPORTS [2022] 17 S.C.R. A Allowing the appeal, …
Supreme Court of India15 Dec 2022Full text
2022 INSC 1286 · [2022] 17 S.C.R. 696
– Order passed by the High Court is unsustainable and is quashed and set aside – State to appoint the appellants to the post of Health Worker (Female) within the stipulated period. Narender Singh Vs. State of Haryana and Ors. (2022) 3 SCC 286 – Clarified. G Case Law Reference (2022) 3 SCC 286 Clarified Para 4.2, 5 CIVI…
Supreme Court of India15 Dec 2022Full text
2022 INSC 1284 · [2022] 17 S.C.R. 729
Partly allowing the appeal, the Court HELD: 1.1 The submissions made on behalf of the appellant that the High Court has erred in condoning the delay of 16/26 H 729 730 SUPREME COURT REPORTS [2022] 17 S.C.R. A years in preferring the appeal is concerned, in the peculiar facts and circumstances of the case and considerin…
Supreme Court of India15 Dec 2022Full text
2022 INSC 1283 · [2022] 18 S.C.R. 54
54 SUPREME COURT[2022]REPORTS18 S.C.R. 54 [2022] 18 S.C.R. A HARPREET KAUR & ORS. v. MOHINDER YADAV & ORS. (Civil Appeal No. 9233 of 2022) B DECEMBER 15, 2022 [KRISHNA MURARI AND S. RAVINDRA BHAT, JJ.] Motor Vehicles Act, 1988: s.166 – Fatal accident – Compensation – Computation of loss of income and loss of C consorti…
Supreme Court of India15 Dec 2022Full text
2022 INSC 1282 · [2022] 9 S.C.R. 43
2. This appeal is decided with the following directions: i) The appeal filed by the owner challenging the issue of liability is hereby dismissed confirming the order passed by the High Court and MACT.G ii) On receiving the intimation regarding road accident by use of a motor vehicle at public place, the SHO concerned s…
Supreme Court of India15 Dec 2022Full text
2022 INSC 1281 · [2022] 16 S.C.R. 1130
1130 WAVE INDUSTRIES PVT. LTD. v. STATE OF U.P. & ORS. 1131 held that the liabilities for the transactions made prior to the sale A agreement are to be borne by the purchaser, set aside. Disposing of the appeals, the Court Held : 1.1 There is no dispute that the liability towards the duty in question for the Amroha uni…
Supreme Court of India15 Dec 2022Full text
2022 INSC 1280 · [2022] 5 S.C.R. 104
u/ss.7 and 13 (1)(d) (i) and (ii) of the Act – Prosecution has to first prove the demand of illegal gratification and the subsequent acceptance as a matter of fact and the same can be proved by direct evidence – The proof of demand and acceptance of illegal gratification can also be proved by circumstantial evidence in…
Supreme Court of India1 Feb 2022Full text
2022 INSC 128 · [2022] 8 S.C.R. 242
by the Sessions Judge – Since that order was upheld by the High Court, the respondent was handed over to the Army – Held: Where there exists concurrent jurisdiction in the court-martial and in the ordinary criminal court, primarily the discretion of conducting the court-martial in preference to a trial by the ordinary …
Supreme Court of India14 Dec 2022Full text
2022 INSC 1279 · [2022] 18 S.C.R. 65
Haryana Development and Regulation of Urban Areas Act, 1975. Satish Batra v. Sudhir Rawal (2013) 1 SCC 345 : [2012] 9 SCR 662; Fateh Chand v. Balkishan Dass [1964] 1 SCR 515; Citadel Fine Pharmaceuticals v. Ramaniyam Real Estates Private Ltd. (2011) 9 SCC E 147 : [2011] 13 SCR 605; Saradamani Kandappan v. S. Rajalakshm…
Supreme Court of India14 Dec 2022Full text
2022 INSC 1278 · [2022] 9 S.C.R. 944
promotees who were promoted vide DPC dated 29 June 2009 – These promotees filed instant appeal – Held: Four issues framed for consideration – Whether the recruitment year is a financial year or calendar year – Whether the decision of this Court in K. Meghachandra’s case is per incuriam or in the alternative, whether it…
Supreme Court of India14 Dec 2022Full text
2022 INSC 1277 · [2022] 16 S.C.R. 56
Vindo Diwakar, AAG, Sarvesh Singh Baghel, Pranav Kumar, B.N. Dubey, Vishal Kumar Singh, Advs. for the Respondent. C The Judgment of the Court was delivered by ABHAY S. OKA, J. FACTUAL DETAILS 1. Mainly two issues arise in this appeal. The first issue is regarding D the omission to frame a proper charge in accordance wi…
Supreme Court of India12 Dec 2022Full text
2022 INSC 1276 · [2022] 14 S.C.R. 566
Remitting the matter to trial court, the Court G HELD: On a fair reading of Section 227 Cr.P.C, if, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution, the Judge considers that there is not sufficient ground for procee…
Supreme Court of India12 Dec 2022Full text
2022 INSC 1275 · [2022] 16 S.C.R. 672
been lapsed under s.24(2) of the Act, 2013 – As per the Special Land Acquisition Officer as the possession was taken on 13.02.2003 and was handed over to the Lucknow Development Authority on 13.02.2003 and in view of the decision of this Court in the case of Indore Development Authority, the impugned judgment and order…
Supreme Court of India12 Dec 2022Full text
2022 INSC 1274 · [2022] 18 S.C.R. 1174
instead Rules 2015 is applicable – Review petition was dismissed – Appellant challenged both the orders before Supreme Court – Held:No vested right of the unsuccessful candidate to insist upon their consideration, in the absence of any such rule requiring for the preparation of a waiting-list – Un-selected candidates w…
Supreme Court of India12 Dec 2022Full text
2022 INSC 1273 · [2022] 17 S.C.R. 809
Denial of back wages from date of award – Not justified – Principle of merger – Non-applicability of – Appellant was dismissed from service by respondent-bank – Labour Court ordered reinstatement with 50% back wages vide order dtd.18.07.07 – Eventually, High Court confirmed the order of reinstatement but without any ba…
Supreme Court of India12 Dec 2022Full text
2022 INSC 1272 · [2022] 18 S.C.R. 343
Allowing the appeal, the Court HELD: 1.1 The reference under Section 18 of the Land Acquisition Act, 1894 has been dismissed as barred by limitation having been filed beyond the period of six months, specified in GSection 18(2) of the Act, 1894. The same has been confirmed by the High Court. However, it is required to …
Also on Law on Tips: Bare Acts · Legal news and analysis
2022 INSC 129 · [2022] 12 S.C.R. 299
open. Code of Civil Procedure, 1908 – Or. XXXIX r. 2-A – A civil contempt can be made out u/Or.XXXIX r. 2-A not when there has been mere ‘disobedience’, but only when there has been ‘wilful disobedience’ – Since the allegation of wilful disobedience is F criminal in nature, the same has to be proved to the satisfaction…
Supreme Court of India15 Dec 2022Full text
2022 INSC 1289 · [2022] 17 S.C.R. 802
and order passed by the High Court is unsustainable and the same deserves to be quashed. Allowing the appeal, the Court HELD: 1. As per the recent decision of the Constitution H Bench of this Court in the case of Indore Development Authority 802 GOVT. OF NCT OF DELHI v. MOHD. MAQBOOL & ORS. 803 v. Manoharlal and others…
Supreme Court of India15 Dec 2022Full text
2022 INSC 1288 · [2022] 17 S.C.R. 765
[2022] 17 S.C.R. 765 765 THE STATE OF GUJARAT A v. SANDIP OMPRAKASH GUPTA (Criminal Appeal No. 2291 of 2022) DECEMBER 15, 2022 B [S. ABDUL NAZEER AND J. B. PARDIWALA, JJ.] Gujarat Control of Terrorism and Organised Crime Act, 2015: s.2(1)(c) – Whether an FIR under the 2015 Act is maintainable in law or can be registere…
Supreme Court of India15 Dec 2022Full text
2022 INSC 1287 · [2022] 17 S.C.R. 739
– Complaint allowed – Consumer Protection. G Consumer Protection – Insurance policy – Presumption of acceptance of the policy by the insurer – Ratio of decision in Raja Vasireddy Komalavalli Kamba case as clarified in D. Srinivas case – Discussed. H 739 740 SUPREME COURT REPORTS [2022] 17 S.C.R. A Allowing the appeal, …
Supreme Court of India15 Dec 2022Full text
2022 INSC 1286 · [2022] 17 S.C.R. 696
– Order passed by the High Court is unsustainable and is quashed and set aside – State to appoint the appellants to the post of Health Worker (Female) within the stipulated period. Narender Singh Vs. State of Haryana and Ors. (2022) 3 SCC 286 – Clarified. G Case Law Reference (2022) 3 SCC 286 Clarified Para 4.2, 5 CIVI…
Supreme Court of India15 Dec 2022Full text
2022 INSC 1284 · [2022] 17 S.C.R. 729
Partly allowing the appeal, the Court HELD: 1.1 The submissions made on behalf of the appellant that the High Court has erred in condoning the delay of 16/26 H 729 730 SUPREME COURT REPORTS [2022] 17 S.C.R. A years in preferring the appeal is concerned, in the peculiar facts and circumstances of the case and considerin…
Supreme Court of India15 Dec 2022Full text
2022 INSC 1283 · [2022] 18 S.C.R. 54
54 SUPREME COURT[2022]REPORTS18 S.C.R. 54 [2022] 18 S.C.R. A HARPREET KAUR & ORS. v. MOHINDER YADAV & ORS. (Civil Appeal No. 9233 of 2022) B DECEMBER 15, 2022 [KRISHNA MURARI AND S. RAVINDRA BHAT, JJ.] Motor Vehicles Act, 1988: s.166 – Fatal accident – Compensation – Computation of loss of income and loss of C consorti…
Supreme Court of India15 Dec 2022Full text
2022 INSC 1282 · [2022] 9 S.C.R. 43
2. This appeal is decided with the following directions: i) The appeal filed by the owner challenging the issue of liability is hereby dismissed confirming the order passed by the High Court and MACT.G ii) On receiving the intimation regarding road accident by use of a motor vehicle at public place, the SHO concerned s…
Supreme Court of India15 Dec 2022Full text
2022 INSC 1281 · [2022] 16 S.C.R. 1130
1130 WAVE INDUSTRIES PVT. LTD. v. STATE OF U.P. & ORS. 1131 held that the liabilities for the transactions made prior to the sale A agreement are to be borne by the purchaser, set aside. Disposing of the appeals, the Court Held : 1.1 There is no dispute that the liability towards the duty in question for the Amroha uni…
Supreme Court of India15 Dec 2022Full text
2022 INSC 1280 · [2022] 5 S.C.R. 104
u/ss.7 and 13 (1)(d) (i) and (ii) of the Act – Prosecution has to first prove the demand of illegal gratification and the subsequent acceptance as a matter of fact and the same can be proved by direct evidence – The proof of demand and acceptance of illegal gratification can also be proved by circumstantial evidence in…
Supreme Court of India1 Feb 2022Full text
2022 INSC 128 · [2022] 8 S.C.R. 242
by the Sessions Judge – Since that order was upheld by the High Court, the respondent was handed over to the Army – Held: Where there exists concurrent jurisdiction in the court-martial and in the ordinary criminal court, primarily the discretion of conducting the court-martial in preference to a trial by the ordinary …
Supreme Court of India14 Dec 2022Full text
2022 INSC 1279 · [2022] 18 S.C.R. 65
Haryana Development and Regulation of Urban Areas Act, 1975. Satish Batra v. Sudhir Rawal (2013) 1 SCC 345 : [2012] 9 SCR 662; Fateh Chand v. Balkishan Dass [1964] 1 SCR 515; Citadel Fine Pharmaceuticals v. Ramaniyam Real Estates Private Ltd. (2011) 9 SCC E 147 : [2011] 13 SCR 605; Saradamani Kandappan v. S. Rajalakshm…
Supreme Court of India14 Dec 2022Full text
2022 INSC 1278 · [2022] 9 S.C.R. 944
promotees who were promoted vide DPC dated 29 June 2009 – These promotees filed instant appeal – Held: Four issues framed for consideration – Whether the recruitment year is a financial year or calendar year – Whether the decision of this Court in K. Meghachandra’s case is per incuriam or in the alternative, whether it…
Supreme Court of India14 Dec 2022Full text
2022 INSC 1277 · [2022] 16 S.C.R. 56
Vindo Diwakar, AAG, Sarvesh Singh Baghel, Pranav Kumar, B.N. Dubey, Vishal Kumar Singh, Advs. for the Respondent. C The Judgment of the Court was delivered by ABHAY S. OKA, J. FACTUAL DETAILS 1. Mainly two issues arise in this appeal. The first issue is regarding D the omission to frame a proper charge in accordance wi…
Supreme Court of India12 Dec 2022Full text
2022 INSC 1276 · [2022] 14 S.C.R. 566
Remitting the matter to trial court, the Court G HELD: On a fair reading of Section 227 Cr.P.C, if, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution, the Judge considers that there is not sufficient ground for procee…
Supreme Court of India12 Dec 2022Full text
2022 INSC 1275 · [2022] 16 S.C.R. 672
been lapsed under s.24(2) of the Act, 2013 – As per the Special Land Acquisition Officer as the possession was taken on 13.02.2003 and was handed over to the Lucknow Development Authority on 13.02.2003 and in view of the decision of this Court in the case of Indore Development Authority, the impugned judgment and order…
Supreme Court of India12 Dec 2022Full text
2022 INSC 1274 · [2022] 18 S.C.R. 1174
instead Rules 2015 is applicable – Review petition was dismissed – Appellant challenged both the orders before Supreme Court – Held:No vested right of the unsuccessful candidate to insist upon their consideration, in the absence of any such rule requiring for the preparation of a waiting-list – Un-selected candidates w…
Supreme Court of India12 Dec 2022Full text
2022 INSC 1273 · [2022] 17 S.C.R. 809
Denial of back wages from date of award – Not justified – Principle of merger – Non-applicability of – Appellant was dismissed from service by respondent-bank – Labour Court ordered reinstatement with 50% back wages vide order dtd.18.07.07 – Eventually, High Court confirmed the order of reinstatement but without any ba…
Supreme Court of India12 Dec 2022Full text
2022 INSC 1272 · [2022] 18 S.C.R. 343
Allowing the appeal, the Court HELD: 1.1 The reference under Section 18 of the Land Acquisition Act, 1894 has been dismissed as barred by limitation having been filed beyond the period of six months, specified in GSection 18(2) of the Act, 1894. The same has been confirmed by the High Court. However, it is required to …
Also on Law on Tips: Bare Acts · Legal news and analysis