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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.
3,621–3,640 · Page 182 of 500
Supreme Court of India16 Nov 2022Full text
2022 INSC 1208 · [2022] 5 S.C.R. 1
3. The mere fact that relief is sought under a contract which G is not statutory, will not entitle the respondent-State in a case by itself to ward-off scrutiny of its action or inaction under the contract, if the complaining party is able to establish that the action/ inaction is, per se, arbitrary. [Para 54][51-B] H …
Supreme Court of India16 Nov 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.
3,621–3,640 · Page 182 of 500
Supreme Court of India16 Nov 2022Full text
2022 INSC 1208 · [2022] 5 S.C.R. 1
3. The mere fact that relief is sought under a contract which G is not statutory, will not entitle the respondent-State in a case by itself to ward-off scrutiny of its action or inaction under the contract, if the complaining party is able to establish that the action/ inaction is, per se, arbitrary. [Para 54][51-B] H …
Supreme Court of India16 Nov 2022Full text
2022 INSC 1207 · [2022] 16 S.C.R. 1108
the auction sale - Appellant declared the highest bidder, and sale certificate was issued in his favour - Before tribunal, respondent borrowers raised two primary objections that there was an error in the description of mortgaged property indicated in the e-auction H 1108 VARIMADUGU OBI REDDY v. B. SREENIVASULU & ORS. …
Supreme Court of India16 Nov 2022Full text
2022 INSC 1206 · [2022] 8 S.C.R. 800
800 WG CDR A U TAYYABA (RETD) AND OTHERS v. 801 UNION OF INDIA a PC as they were induced in service with a specific representation A of being considered for PC – Hence, appellants should be considered for the grant of pensionary benefits as the reinstatement in service is not a viable option having regard to the exigen…
Supreme Court of India16 Nov 2022Full text
2022 INSC 1205 · [2022] 8 S.C.R. 349
the matter to duly constituted medical board – The word “may” should be read as “shall” having regard to the very object of sub-rule (3) of r.74 – If there is a clear and unambiguous case in favour of the juvenile accused that he was minor on the date of the incident and the documentary evidence at least prima facie es…
Supreme Court of India16 Nov 2022Full text
2022 INSC 1204 · [2022] 8 S.C.R. 403
1.3 ‘‘Just compensation” should include all elements that would go to place the victim in as near a position as she or he was F in, before the occurrence of the accident. Whilst no amount of money or other material compensation can erase the trauma, pain and suffering that a victim undergoes after a serious accident, (…
Supreme Court of India15 Nov 2022Full text
2022 INSC 1203 · [2022] 8 S.C.R. 768
in the judgment, is not good and is not sustainable in law – Withdrawal of exemption in the case of the other industrial unit remained unchallenged and this being an error apparent on the face of record – What being prayed for is something which does not emerge/contemplate from the Government order and after the F orde…
Supreme Court of India14 Nov 2022Full text
2022 INSC 1202 · [2022] 8 S.C.R. 660
Applicant stood convicted by order dtd.15.11.19 – The Court before sentencing had to cause the production of the applicant – Applicant was already undergoing pre-trial custody in connection with another case – Therefore, he had to be produced from the custody which he was undergoing in that case – He was produced– Mere…
Supreme Court of India14 Nov 2022Full text
2022 INSC 1201 · [2022] 9 S.C.R. 1
[2022] 9 S.C.R. 1 1 SINGAPORE AIRLINES LTD. A v. C.I.T., DELHI (Civil Appeal No. 6964-6965 of 2015) NOVEMBER 14, 2022 B [SURYA KANT AND M. M. SUNDRESH, JJ.] Income Tax Act, 1961: s. 194H – Tax Deduction at the Source on Commission and brokerage – Interpretation of s. 194H – On facts, assessee airlines selling their fli…
Supreme Court of India11 Nov 2022Full text
2022 INSC 1200 · [2022] 8 S.C.R. 584
were appointed in the selection/recruitment year 1997-98 – By virtue of R.19(2) of the 1992 Rules, where the appointment of both the direct recruits and of the promotees were to be made in the same year of recruitment, regular appointments should not have been made unless selections were made from both the sources and …
Supreme Court of India11 Nov 2022Full text
2022 INSC 1199 · [2022] 8 S.C.R. 599
[2022] 8 S.C.R. 599 599 GIREESAN NAIR & ORS. ETC. A v. STATE OF KERALA (Criminal Appeal Nos. 1864-1865 of 2010) NOVEMBER 11, 2022 B [B. R. GAVAI AND PAMIDIGHANTAM SRI NARASIMHA, JJ.] Evidence Act, 1872 : s. 9 – Test Identification Parade(TIP) – Legality and validity of – Prosecution case that accused persons to Cavenge…
Supreme Court of India10 Nov 2022Full text
2022 INSC 1198 · [2022] 17 S.C.R. 545
[2022] 17 S.C.R. 545 545 PROF. NARENDRA SINGH BHANDARI A v. RAVINDRA JUGRAN AND OTHERS (Civil Appeal No. 8184 of 2022) NOVEMBER 10, 2022 B [M. R. SHAH AND M. M. SUNDRESH, JJ.] University Grants Commission Regulations, 2018 – Regulation 7.3.0 – Soban Singh Jeena University Act, 2019 – Ss. 10, 10 (3) – Constitution of In…
Supreme Court of India10 Nov 2022Full text
2022 INSC 1197 · [2022] 15 S.C.R. 642
642 THE MAHATMA GANDHI UNIVERSITY AND ORS. v. 643 RINCYMOL MATHEW worked continuously right from 1998 initially as Lecturer, thereafter A her probation was confirmed; thereafter she was appointed/promoted as Assistant Professor and thereafter again promoted to the post of Associate Professor on regular basis and on reg…
Supreme Court of India10 Nov 2022Full text
2022 INSC 1196 · [2022] 10 S.C.R. 69
XXX of the Rules confers power on the Chief Justice to assign a particular matter to a Single Judge for hearing of the review application where the Single Judge concerned was not available for the time being by reason of being on leave or otherwise where he had ceased to sit at a particular Bench – Chief Justice, being…
Supreme Court of India10 Nov 2022Full text
2022 INSC 1195 · [2022] 10 S.C.R. 60
of the respondent no. 1 – Single Judge of the High Court quashed the said order and directed the National Council for Teachers Education to take appropriate decision on the application of respondent No.1 to increase the seats to B.Ed. Course – Upheld by the Division Bench – On appeal, held: State Government was well D …
Supreme Court of India10 Nov 2022Full text
2022 INSC 1194 · [2022] 9 S.C.R. 1162
from FOB New Delhi and effected from JNPT Bombay – The State Commission has based its decision that a mistake was committed by the respondent no.1 while issuing the FCR to the appellant – The National Commission has categorically held that there was deficiency in rendering services by the respondent no.1, therefore, H …
Supreme Court of India10 Nov 2022Full text
2022 INSC 1193 · [2022] 17 S.C.R. 567
19 – The appellant bank sanctioned a term loan to the respondent company, however, respondent failed to make the payment – Appellant filed an application for recovery of the amounts before the Debts Recovery Tribunal, (DRT) – Respondent entered appearance to defend the proceedings, but in addition also filed a Civil Su…
Supreme Court of India10 Nov 2022Full text
2022 INSC 1192 · [2022] 11 S.C.R. 1098
1098 SUPREME COURT[2022]REPORTS11 S.C.R. 1098 [2022] 11 S.C.R. A REGISTRAR OF ASSURANCES & ANR. v. ASL VYAPAR PRIVATE LTD. & ANR (Civil Appeal No.8281 of 2022) B NOVEMBER 10, 2022 [SANJAY KISHAN KAUL, ABHAY S. OKA AND VIKRAM NATH, JJ.] Indian stamp Act,1899 – s.47A – Reference – Answered – Held: s.47A has no applicatio…
Supreme Court of India9 Nov 2022Full text
2022 INSC 1190 · [2022] 15 S.C.R. 626
Indore Development Authority v. Manoharlal and Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. H 626 DELHI DEVELOPMENT AUTHORITY v. ASHA JAIN & ORS. 627 Delhi Development Authority v. Godfrey Phillips (I) Ltd. A & Ors., Decision of Supreme Court in Civil appeal No. 3073 of 2022 – relied on. Pune Municipal Corporatio…
Supreme Court of India31 Jan 2022Full text
2022 INSC 119 · [2022] 8 S.C.R. 135
Specific Relief Act, 1963 – Transfer of Property Act, 1882. Umesh Goel v. Himachal Pradesh Co-operative Group Housing Society Ltd: (2016) 11 SCC 313 : [2016] 6 SCR 703; Farooq v. Sandhya Anthraper Kurishingal and Ors. (2018) 12 SCC 580 – held inapplicable. H 135 136 SUPREME COURT REPORTS [2022] 8 S.C.R. A Haldiram Bhuj…
Supreme Court of India9 Nov 2022Full text
2022 INSC 1188 · [2022] 9 S.C.R. 690
Respondent no. 19 filed instant appeal – Held: The approach adopted by the High Court is not a sound principle of law to form the basis for determining the compensation in this case – While determining the monthly compensation, High Court considered the fair rate of return @ 6.5% annually on the amount for which the F …
Also on Law on Tips: Bare Acts · Legal news and analysis
2022 INSC 1207 · [2022] 16 S.C.R. 1108
the auction sale - Appellant declared the highest bidder, and sale certificate was issued in his favour - Before tribunal, respondent borrowers raised two primary objections that there was an error in the description of mortgaged property indicated in the e-auction H 1108 VARIMADUGU OBI REDDY v. B. SREENIVASULU & ORS. …
Supreme Court of India16 Nov 2022Full text
2022 INSC 1206 · [2022] 8 S.C.R. 800
800 WG CDR A U TAYYABA (RETD) AND OTHERS v. 801 UNION OF INDIA a PC as they were induced in service with a specific representation A of being considered for PC – Hence, appellants should be considered for the grant of pensionary benefits as the reinstatement in service is not a viable option having regard to the exigen…
Supreme Court of India16 Nov 2022Full text
2022 INSC 1205 · [2022] 8 S.C.R. 349
the matter to duly constituted medical board – The word “may” should be read as “shall” having regard to the very object of sub-rule (3) of r.74 – If there is a clear and unambiguous case in favour of the juvenile accused that he was minor on the date of the incident and the documentary evidence at least prima facie es…
Supreme Court of India16 Nov 2022Full text
2022 INSC 1204 · [2022] 8 S.C.R. 403
1.3 ‘‘Just compensation” should include all elements that would go to place the victim in as near a position as she or he was F in, before the occurrence of the accident. Whilst no amount of money or other material compensation can erase the trauma, pain and suffering that a victim undergoes after a serious accident, (…
Supreme Court of India15 Nov 2022Full text
2022 INSC 1203 · [2022] 8 S.C.R. 768
in the judgment, is not good and is not sustainable in law – Withdrawal of exemption in the case of the other industrial unit remained unchallenged and this being an error apparent on the face of record – What being prayed for is something which does not emerge/contemplate from the Government order and after the F orde…
Supreme Court of India14 Nov 2022Full text
2022 INSC 1202 · [2022] 8 S.C.R. 660
Applicant stood convicted by order dtd.15.11.19 – The Court before sentencing had to cause the production of the applicant – Applicant was already undergoing pre-trial custody in connection with another case – Therefore, he had to be produced from the custody which he was undergoing in that case – He was produced– Mere…
Supreme Court of India14 Nov 2022Full text
2022 INSC 1201 · [2022] 9 S.C.R. 1
[2022] 9 S.C.R. 1 1 SINGAPORE AIRLINES LTD. A v. C.I.T., DELHI (Civil Appeal No. 6964-6965 of 2015) NOVEMBER 14, 2022 B [SURYA KANT AND M. M. SUNDRESH, JJ.] Income Tax Act, 1961: s. 194H – Tax Deduction at the Source on Commission and brokerage – Interpretation of s. 194H – On facts, assessee airlines selling their fli…
Supreme Court of India11 Nov 2022Full text
2022 INSC 1200 · [2022] 8 S.C.R. 584
were appointed in the selection/recruitment year 1997-98 – By virtue of R.19(2) of the 1992 Rules, where the appointment of both the direct recruits and of the promotees were to be made in the same year of recruitment, regular appointments should not have been made unless selections were made from both the sources and …
Supreme Court of India11 Nov 2022Full text
2022 INSC 1199 · [2022] 8 S.C.R. 599
[2022] 8 S.C.R. 599 599 GIREESAN NAIR & ORS. ETC. A v. STATE OF KERALA (Criminal Appeal Nos. 1864-1865 of 2010) NOVEMBER 11, 2022 B [B. R. GAVAI AND PAMIDIGHANTAM SRI NARASIMHA, JJ.] Evidence Act, 1872 : s. 9 – Test Identification Parade(TIP) – Legality and validity of – Prosecution case that accused persons to Cavenge…
Supreme Court of India10 Nov 2022Full text
2022 INSC 1198 · [2022] 17 S.C.R. 545
[2022] 17 S.C.R. 545 545 PROF. NARENDRA SINGH BHANDARI A v. RAVINDRA JUGRAN AND OTHERS (Civil Appeal No. 8184 of 2022) NOVEMBER 10, 2022 B [M. R. SHAH AND M. M. SUNDRESH, JJ.] University Grants Commission Regulations, 2018 – Regulation 7.3.0 – Soban Singh Jeena University Act, 2019 – Ss. 10, 10 (3) – Constitution of In…
Supreme Court of India10 Nov 2022Full text
2022 INSC 1197 · [2022] 15 S.C.R. 642
642 THE MAHATMA GANDHI UNIVERSITY AND ORS. v. 643 RINCYMOL MATHEW worked continuously right from 1998 initially as Lecturer, thereafter A her probation was confirmed; thereafter she was appointed/promoted as Assistant Professor and thereafter again promoted to the post of Associate Professor on regular basis and on reg…
Supreme Court of India10 Nov 2022Full text
2022 INSC 1196 · [2022] 10 S.C.R. 69
XXX of the Rules confers power on the Chief Justice to assign a particular matter to a Single Judge for hearing of the review application where the Single Judge concerned was not available for the time being by reason of being on leave or otherwise where he had ceased to sit at a particular Bench – Chief Justice, being…
Supreme Court of India10 Nov 2022Full text
2022 INSC 1195 · [2022] 10 S.C.R. 60
of the respondent no. 1 – Single Judge of the High Court quashed the said order and directed the National Council for Teachers Education to take appropriate decision on the application of respondent No.1 to increase the seats to B.Ed. Course – Upheld by the Division Bench – On appeal, held: State Government was well D …
Supreme Court of India10 Nov 2022Full text
2022 INSC 1194 · [2022] 9 S.C.R. 1162
from FOB New Delhi and effected from JNPT Bombay – The State Commission has based its decision that a mistake was committed by the respondent no.1 while issuing the FCR to the appellant – The National Commission has categorically held that there was deficiency in rendering services by the respondent no.1, therefore, H …
Supreme Court of India10 Nov 2022Full text
2022 INSC 1193 · [2022] 17 S.C.R. 567
19 – The appellant bank sanctioned a term loan to the respondent company, however, respondent failed to make the payment – Appellant filed an application for recovery of the amounts before the Debts Recovery Tribunal, (DRT) – Respondent entered appearance to defend the proceedings, but in addition also filed a Civil Su…
Supreme Court of India10 Nov 2022Full text
2022 INSC 1192 · [2022] 11 S.C.R. 1098
1098 SUPREME COURT[2022]REPORTS11 S.C.R. 1098 [2022] 11 S.C.R. A REGISTRAR OF ASSURANCES & ANR. v. ASL VYAPAR PRIVATE LTD. & ANR (Civil Appeal No.8281 of 2022) B NOVEMBER 10, 2022 [SANJAY KISHAN KAUL, ABHAY S. OKA AND VIKRAM NATH, JJ.] Indian stamp Act,1899 – s.47A – Reference – Answered – Held: s.47A has no applicatio…
Supreme Court of India9 Nov 2022Full text
2022 INSC 1190 · [2022] 15 S.C.R. 626
Indore Development Authority v. Manoharlal and Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. H 626 DELHI DEVELOPMENT AUTHORITY v. ASHA JAIN & ORS. 627 Delhi Development Authority v. Godfrey Phillips (I) Ltd. A & Ors., Decision of Supreme Court in Civil appeal No. 3073 of 2022 – relied on. Pune Municipal Corporatio…
Supreme Court of India31 Jan 2022Full text
2022 INSC 119 · [2022] 8 S.C.R. 135
Specific Relief Act, 1963 – Transfer of Property Act, 1882. Umesh Goel v. Himachal Pradesh Co-operative Group Housing Society Ltd: (2016) 11 SCC 313 : [2016] 6 SCR 703; Farooq v. Sandhya Anthraper Kurishingal and Ors. (2018) 12 SCC 580 – held inapplicable. H 135 136 SUPREME COURT REPORTS [2022] 8 S.C.R. A Haldiram Bhuj…
Supreme Court of India9 Nov 2022Full text
2022 INSC 1188 · [2022] 9 S.C.R. 690
Respondent no. 19 filed instant appeal – Held: The approach adopted by the High Court is not a sound principle of law to form the basis for determining the compensation in this case – While determining the monthly compensation, High Court considered the fair rate of return @ 6.5% annually on the amount for which the F …
Also on Law on Tips: Bare Acts · Legal news and analysis