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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.
3,721–3,740 · Page 187 of 500
Supreme Court of India17 Oct 2022Full text
2022 INSC 1096 · [2022] 15 S.C.R. 773
of the accused – In the instant case, there were variations in the evidence of PW-6 who was the first informant and evidence of PW-1, PW-2, and PW-4 regarding as to who gave fatal blows to the deceased – Trial court as well as High Court rightly did not rely on the evidence of these witnesses who were highly inconsiste…
Supreme Court of India14 Oct 2022Full text
2022 INSC 1094 · [2022] 13 S.C.R. 554
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.
3,721–3,740 · Page 187 of 500
Supreme Court of India17 Oct 2022Full text
2022 INSC 1096 · [2022] 15 S.C.R. 773
of the accused – In the instant case, there were variations in the evidence of PW-6 who was the first informant and evidence of PW-1, PW-2, and PW-4 regarding as to who gave fatal blows to the deceased – Trial court as well as High Court rightly did not rely on the evidence of these witnesses who were highly inconsiste…
Supreme Court of India14 Oct 2022Full text
2022 INSC 1094 · [2022] 13 S.C.R. 554
Code of Civil Procedure – s.100 – Second Appeal – Unless concurrent findings recorded by the courts below are found to be G perverse, the same are not to be interfered with by the High Court u/s.100 CPC. Allowing the appeal, the Court HELD:1. There were concurrent findings of facts recorded by the Trial Court as well a…
Supreme Court of India14 Oct 2022Full text
2022 INSC 1093 · [2022] 15 S.C.R. 633
H 633 634 SUPREME COURT REPORTS [2022] 15 S.C.R. A Allowing the appeals, the Court HELD: 1. On perusal of the deposition of PW1, it can be seen that PW1 is the eye witness to the occurrence at both places. When first, the accused attacked while the deceased was travelling in the car, PW1 was present in the car. At that…
Supreme Court of India14 Oct 2022Full text
2022 INSC 1092 · [2022] 13 S.C.R. 564
possession – So far as plea of adverse possession was concerned, the High Court had specifically framed a substantial question of law and as such held the same in favour of appellant-defendant – High Court specifically observed and held that the plea of ownership based on sale deed and plea of adverse possession, both,…
Supreme Court of India14 Oct 2022Full text
2022 INSC 1089 · [2022] 13 S.C.R. 561
F CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6818 of 2022. From the Judgment and Orders dated 26.09.2018 of the High Court of Punjab and Haryana at Chandigarh in FAO No. 6277 of 2014 (O&M). G Pradeep Kumar Kaushik, Dr. Sunil Kumar, Mukesh Kumar Sharma, Advs. for the Appellants. Ravi Shankar Jha, Manish Kumar, Gopal…
Supreme Court of India14 Oct 2022Full text
2022 INSC 1088 · [2022] 14 S.C.R. 985
Allowing the appeal, the Court D HELD: While entertaining the writ petition under Article 226 of the Constitution of India challenging the Assessment Order denying the Input rebate, the High Court has observed that there are no disputed question of facts arise and it is a question to be decided on admitted facts for wh…
Supreme Court of India14 Oct 2022Full text
2022 INSC 1087 · [2022] 13 S.C.R. 543
– s.40 of the Kerala Act, 1969 provided for remission of stamp duty – Appellants were denied the benefit of remission of stamp duty considering s.40 of the Kerala Act, 1969 – Case of appellants that despite repeal of the Travancore Act, 1951 and the Madras Act, 1932, SRO 75/60 which was issued under the aforesaid Acts …
Supreme Court of India14 Oct 2022Full text
2022 INSC 1086 · [2022] 19 S.C.R. 757
1.3 So far so good, the question however is as to whether the rigour of Section 11A of Act, 1894 will apply when the appropriate Government exercises its special power in cases of H M/S DELHI AIRTECH SERVICES PVT. LTD & ANR. v. STATE 759 OF U.P & ANR. urgency, which does not contemplate the same procedure as in A the n…
Supreme Court of India13 Oct 2022Full text
2022 INSC 1085 · [2022] 5 S.C.R. 426
High Court held that wearing of Hijab by Muslim women does not form a part of ERP in Islamic faith and that prescription of School uniform places only a reasonable restriction which is constitutionally permissible and cannot be objected to by the students – Hence instant appeal – Per Hemant Gupta, J.: The constitution …
Supreme Court of India13 Oct 2022Full text
2022 INSC 1084 · [2022] 13 S.C.R. 1084
and not an Annual General Meeting – Meanwhile the developer also filed a matter seeking to injunct the appellant society from giving effect to the Resolution wherein the parties were directed to maintain status quo – In the light of the impasse, it was resolved in the AGM that the Board of the Society to get the admini…
Supreme Court of India13 Oct 2022Full text
2022 INSC 1083 · [2022] 14 S.C.R. 828
– Held: The High Court should not have disturbed the acquittal recorded by the trial court – The Court doesn’t find any satisfaction recorded by High Court for treating the findings of the trial court palpably wrong,manifestly errorneous or demonstrably unsustainable – The circumstances relating to the making of an G e…
Supreme Court of India13 Oct 2022Full text
2022 INSC 1082 · [2022] 9 S.C.R. 1003
Statutory Corporation – Dispute between statutory corporation and a private entity – Settlement – Effect of – Held: Unless the settlement arrived is found to be in the interest of both G the parties, it cannot be thrust upon a statutory Corporation to its detriment and to the advantage of a private entity. Government l…
Supreme Court of India13 Oct 2022Full text
2022 INSC 1081 · [2022] 7 S.C.R. 755
the objects of the IBC in regard to operational debts is to ensure that the amount of such debts which is usually smaller than the financial debts does not enable the operational creditor to put the corporate debtor into the insolvency resolution process prematurely – It was further declared that it is for this reason …
Supreme Court of India13 Oct 2022Full text
2022 INSC 1080 · [2022] 18 S.C.R. 449
D. P. Chaturvedi, Anuj Verma, Ramesh Kumar Mishra, Advs. for E the Appellant. Anup Kumar, Ms. Shruti Singh, Ms. Anuradha Mutatkar, Advs. for the Respondents. The Judgment of the Court was delivered by F J. K. MAHESHWARI, J. Leave granted. 2. The facts relevant for disposal of the present case are that the child, namely…
Supreme Court of India28 Jan 2022Full text
2022 INSC 108 · [2022] 1 S.C.R. 405
– Trusts and Charities – Public Trust. H 405 406 SUPREME COURT REPORTS [2022] 1 S.C.R. A Trusts and Charities – Public trust – Regulation – Public control– Objective – Held: The aim of public control is to ensure that the trust is administered efficiently and smoothly – The state interest is that far, and no more; it c…
Supreme Court of India13 Oct 2022Full text
2022 INSC 1079 · [2022] 18 S.C.R. 721
Shuvodeep Roy, Ishaan Borthakyr, Advs. for the Respondent. E The Judgment of the Court was delivered by DINESH MAHESHWARI, J. Table of Contents* Preliminary and brief outline ....................…
Supreme Court of India13 Oct 2022Full text
2022 INSC 1078 · [2022] 16 S.C.R. 165
[2022] 16 S.C.R. 165 165 M/S THERMAX LTD. THROUGH ITS DIRECTOR A v. COMMISSIONER OF CENTRAL EXCISE, PUNE-1 (Civil Appeal Nos. 6048-6050 of 2009) OCTOBER 13, 2022 B [K. M. JOSEPH AND HRISHIKESH ROY, JJ.] Central Excise Tariff Act, 1985: Heading 8418 – Modified Vapour Absorption Chiller (MVAC) manufactured by assessee an…
Supreme Court of India13 Oct 2022Full text
2022 INSC 1077 · [2022] 14 S.C.R. 938
period were not ‘quoted shares’ – A general circular issued by SEBI however stated that shares under the lock-in period can be transferred inter se the promoters – Issue whether such restricted transfer would convert the equity shares in the lock-in-period into ‘quoted shares’ as defined vide sub-rule (9) to r.2 of Par…
Supreme Court of India13 Oct 2022Full text
2022 INSC 1076 · [2022] 14 S.C.R. 911
[2022] 14 S.C.R. 911 911 SECURITIES AND EXCHANGE BOARD OF INDIA A v. NATIONAL STOCK EXCHANGE MEMBERS ASSOCIATION AND ANR (Civil Appeal No. 435 of 2007) B OCTOBER 13, 2022 [AJAY RASTOGI AND B. V. NAGARATHNA, JJ.] Securities and Exchange Board of India Act, 1992 – s.12(1) – Whether in terms of s.12(1), a single registrat…
Supreme Court of India13 Oct 2022Full text
2022 INSC 1075 · [2022] 5 S.C.R. 162
162 SUPREME COURT[2022]REPORTS5 S.C.R. 162 [2022] 5 S.C.R. A RAMANAND @ NANDLAL BHARTI v. STATE OF UTTAR PRADESH (Criminal Appeal Nos. 64-65 of 2022) B OCTOBER 13, 2022 [UDAY UMESH LALIT, CJI, S. RAVINDRA BHAT AND J. B. PARDIWALA, JJ.] Penal Code, 1860: s.302 – Prosecution case was that on fateful day, appellant-accuse…
Also on Law on Tips: Bare Acts · Legal news and analysis
Code of Civil Procedure – s.100 – Second Appeal – Unless concurrent findings recorded by the courts below are found to be G perverse, the same are not to be interfered with by the High Court u/s.100 CPC. Allowing the appeal, the Court HELD:1. There were concurrent findings of facts recorded by the Trial Court as well a…
Supreme Court of India14 Oct 2022Full text
2022 INSC 1093 · [2022] 15 S.C.R. 633
H 633 634 SUPREME COURT REPORTS [2022] 15 S.C.R. A Allowing the appeals, the Court HELD: 1. On perusal of the deposition of PW1, it can be seen that PW1 is the eye witness to the occurrence at both places. When first, the accused attacked while the deceased was travelling in the car, PW1 was present in the car. At that…
Supreme Court of India14 Oct 2022Full text
2022 INSC 1092 · [2022] 13 S.C.R. 564
possession – So far as plea of adverse possession was concerned, the High Court had specifically framed a substantial question of law and as such held the same in favour of appellant-defendant – High Court specifically observed and held that the plea of ownership based on sale deed and plea of adverse possession, both,…
Supreme Court of India14 Oct 2022Full text
2022 INSC 1089 · [2022] 13 S.C.R. 561
F CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6818 of 2022. From the Judgment and Orders dated 26.09.2018 of the High Court of Punjab and Haryana at Chandigarh in FAO No. 6277 of 2014 (O&M). G Pradeep Kumar Kaushik, Dr. Sunil Kumar, Mukesh Kumar Sharma, Advs. for the Appellants. Ravi Shankar Jha, Manish Kumar, Gopal…
Supreme Court of India14 Oct 2022Full text
2022 INSC 1088 · [2022] 14 S.C.R. 985
Allowing the appeal, the Court D HELD: While entertaining the writ petition under Article 226 of the Constitution of India challenging the Assessment Order denying the Input rebate, the High Court has observed that there are no disputed question of facts arise and it is a question to be decided on admitted facts for wh…
Supreme Court of India14 Oct 2022Full text
2022 INSC 1087 · [2022] 13 S.C.R. 543
– s.40 of the Kerala Act, 1969 provided for remission of stamp duty – Appellants were denied the benefit of remission of stamp duty considering s.40 of the Kerala Act, 1969 – Case of appellants that despite repeal of the Travancore Act, 1951 and the Madras Act, 1932, SRO 75/60 which was issued under the aforesaid Acts …
Supreme Court of India14 Oct 2022Full text
2022 INSC 1086 · [2022] 19 S.C.R. 757
1.3 So far so good, the question however is as to whether the rigour of Section 11A of Act, 1894 will apply when the appropriate Government exercises its special power in cases of H M/S DELHI AIRTECH SERVICES PVT. LTD & ANR. v. STATE 759 OF U.P & ANR. urgency, which does not contemplate the same procedure as in A the n…
Supreme Court of India13 Oct 2022Full text
2022 INSC 1085 · [2022] 5 S.C.R. 426
High Court held that wearing of Hijab by Muslim women does not form a part of ERP in Islamic faith and that prescription of School uniform places only a reasonable restriction which is constitutionally permissible and cannot be objected to by the students – Hence instant appeal – Per Hemant Gupta, J.: The constitution …
Supreme Court of India13 Oct 2022Full text
2022 INSC 1084 · [2022] 13 S.C.R. 1084
and not an Annual General Meeting – Meanwhile the developer also filed a matter seeking to injunct the appellant society from giving effect to the Resolution wherein the parties were directed to maintain status quo – In the light of the impasse, it was resolved in the AGM that the Board of the Society to get the admini…
Supreme Court of India13 Oct 2022Full text
2022 INSC 1083 · [2022] 14 S.C.R. 828
– Held: The High Court should not have disturbed the acquittal recorded by the trial court – The Court doesn’t find any satisfaction recorded by High Court for treating the findings of the trial court palpably wrong,manifestly errorneous or demonstrably unsustainable – The circumstances relating to the making of an G e…
Supreme Court of India13 Oct 2022Full text
2022 INSC 1082 · [2022] 9 S.C.R. 1003
Statutory Corporation – Dispute between statutory corporation and a private entity – Settlement – Effect of – Held: Unless the settlement arrived is found to be in the interest of both G the parties, it cannot be thrust upon a statutory Corporation to its detriment and to the advantage of a private entity. Government l…
Supreme Court of India13 Oct 2022Full text
2022 INSC 1081 · [2022] 7 S.C.R. 755
the objects of the IBC in regard to operational debts is to ensure that the amount of such debts which is usually smaller than the financial debts does not enable the operational creditor to put the corporate debtor into the insolvency resolution process prematurely – It was further declared that it is for this reason …
Supreme Court of India13 Oct 2022Full text
2022 INSC 1080 · [2022] 18 S.C.R. 449
D. P. Chaturvedi, Anuj Verma, Ramesh Kumar Mishra, Advs. for E the Appellant. Anup Kumar, Ms. Shruti Singh, Ms. Anuradha Mutatkar, Advs. for the Respondents. The Judgment of the Court was delivered by F J. K. MAHESHWARI, J. Leave granted. 2. The facts relevant for disposal of the present case are that the child, namely…
Supreme Court of India28 Jan 2022Full text
2022 INSC 108 · [2022] 1 S.C.R. 405
– Trusts and Charities – Public Trust. H 405 406 SUPREME COURT REPORTS [2022] 1 S.C.R. A Trusts and Charities – Public trust – Regulation – Public control– Objective – Held: The aim of public control is to ensure that the trust is administered efficiently and smoothly – The state interest is that far, and no more; it c…
Supreme Court of India13 Oct 2022Full text
2022 INSC 1079 · [2022] 18 S.C.R. 721
Shuvodeep Roy, Ishaan Borthakyr, Advs. for the Respondent. E The Judgment of the Court was delivered by DINESH MAHESHWARI, J. Table of Contents* Preliminary and brief outline ....................…
Supreme Court of India13 Oct 2022Full text
2022 INSC 1078 · [2022] 16 S.C.R. 165
[2022] 16 S.C.R. 165 165 M/S THERMAX LTD. THROUGH ITS DIRECTOR A v. COMMISSIONER OF CENTRAL EXCISE, PUNE-1 (Civil Appeal Nos. 6048-6050 of 2009) OCTOBER 13, 2022 B [K. M. JOSEPH AND HRISHIKESH ROY, JJ.] Central Excise Tariff Act, 1985: Heading 8418 – Modified Vapour Absorption Chiller (MVAC) manufactured by assessee an…
Supreme Court of India13 Oct 2022Full text
2022 INSC 1077 · [2022] 14 S.C.R. 938
period were not ‘quoted shares’ – A general circular issued by SEBI however stated that shares under the lock-in period can be transferred inter se the promoters – Issue whether such restricted transfer would convert the equity shares in the lock-in-period into ‘quoted shares’ as defined vide sub-rule (9) to r.2 of Par…
Supreme Court of India13 Oct 2022Full text
2022 INSC 1076 · [2022] 14 S.C.R. 911
[2022] 14 S.C.R. 911 911 SECURITIES AND EXCHANGE BOARD OF INDIA A v. NATIONAL STOCK EXCHANGE MEMBERS ASSOCIATION AND ANR (Civil Appeal No. 435 of 2007) B OCTOBER 13, 2022 [AJAY RASTOGI AND B. V. NAGARATHNA, JJ.] Securities and Exchange Board of India Act, 1992 – s.12(1) – Whether in terms of s.12(1), a single registrat…
Supreme Court of India13 Oct 2022Full text
2022 INSC 1075 · [2022] 5 S.C.R. 162
162 SUPREME COURT[2022]REPORTS5 S.C.R. 162 [2022] 5 S.C.R. A RAMANAND @ NANDLAL BHARTI v. STATE OF UTTAR PRADESH (Criminal Appeal Nos. 64-65 of 2022) B OCTOBER 13, 2022 [UDAY UMESH LALIT, CJI, S. RAVINDRA BHAT AND J. B. PARDIWALA, JJ.] Penal Code, 1860: s.302 – Prosecution case was that on fateful day, appellant-accuse…
Also on Law on Tips: Bare Acts · Legal news and analysis