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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.
3,761–3,780 · Page 189 of 500
Supreme Court of India30 Sep 2022Full text
2022 INSC 1053 · [2022] 13 S.C.R. 484
detaining certain persons – FIRs against the appellant for the offences punishable u/ss. 22(b)/22(C)/29 and 21(B) of the NDPS Act, 1985 for illegal trafficking of the narcotic drugs and that he is a habitual offender – Detention order by the Government – Writ petition challenging the legality and validity of the detent…
Supreme Court of India30 Sep 2022Full text
2022 INSC 1052 · [2022] 7 S.C.R. 283
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.
3,761–3,780 · Page 189 of 500
Supreme Court of India30 Sep 2022Full text
2022 INSC 1053 · [2022] 13 S.C.R. 484
detaining certain persons – FIRs against the appellant for the offences punishable u/ss. 22(b)/22(C)/29 and 21(B) of the NDPS Act, 1985 for illegal trafficking of the narcotic drugs and that he is a habitual offender – Detention order by the Government – Writ petition challenging the legality and validity of the detent…
Supreme Court of India30 Sep 2022Full text
2022 INSC 1052 · [2022] 7 S.C.R. 283
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 1695 of 2022. From the Judgment and Order dated 25.03.2022 of the High Court of Judicature at Allahabad in Criminal Misc. Bail Application No. 4095 F of 2022. Atul Kumar, Abhimanyu Sharma, Ms. Deepali, Tarun Gupta, Advs. for the Appellant. Vinod Diwakar, AAG, Rakesh …
Supreme Court of India30 Sep 2022Full text
2022 INSC 1051 · [2022] 7 S.C.R. 267
Siddhartha Jha, Ms. Pracheta Kar, Aditya Sidhra, Nadeem Afroz, G Advs. for the Appellants. Sanjay Parikh, Sr. Adv., Ms. Srishti Agnihotri, Adv. for the Respondent. H FERTILIZERS AND CHEMICALS TRAVANCORE LTD. & ORS. 269 v. ANUSREE K.B. The Judgment of the Court was delivered by A M. R. SHAH, J. 1. Feeling aggrieved and …
Supreme Court of India30 Sep 2022Full text
2022 INSC 1050 · [2022] 4 S.C.R. 850
Court was satisfied that the appellant was likely to defeat the decree/ award that may be passed by the arbitrator by disposing of the properties and/or in any other manner, the Commercial Court could not have passed such an order in exercise of powers u/s.9 – Order passed by the Commercial Court in an application u/s.…
Supreme Court of India28 Jan 2022Full text
2022 INSC 105 · [2022] 19 S.C.R. 711
[2022] 19 S.C.R. 711 711 JARNAIL SINGH & ORS. A v. LACHHMI NARAIN GUPTA & ORS. (Civil Appeal No.629 of 2022) JANUARY 28, 2022 B [L. NAGESWARA RAO, SANJIV KHANNA AND B. R. GAVAI, JJ.] Constitution of India, 1950 – Arts.16(4), 16(4-A), 16(4-B) and 335 – Reservation in promotion – Collection of quantifiable data regarding…
Supreme Court of India30 Sep 2022Full text
2022 INSC 1049 · [2022] 13 S.C.R. 933
application u/ss. 11(5) & (6) and appointing the arbitrators with respect to the dispute between the parties, the original applicant-respondent has preferred the instant appeal – Held: When a specific plea was taken that the dispute falls within Clause 36 of the Addendum agreement and not under Clause 37 and therefore,…
Supreme Court of India30 Sep 2022Full text
2022 INSC 1048 · [2022] 7 S.C.R. 276
was approved, thereafter fresh reference u/s.10 challenging the order of termination was not permissible – 2015 order passed by the Industrial Tribunal which as such is a higher forum than the Labour Court had attained finality – Though the aforesaid fact was pointed out before the High Court, it did not consider the s…
Supreme Court of India30 Sep 2022Full text
2022 INSC 1047 · [2022] 13 S.C.R. 451
Maa Binda Express Carrier v. North-East Frontier Railway (2014) 3 SCC 760 : [2013] 12 SCR 529; H 451 452 SUPREME COURT REPORTS [2022] 13 S.C.R. A Directorate of Education v. Educomp Datamatics Limited (2004) 4 SCC 19 : [2004] 2 SCR 1010; Meerut Development Authority v. Assn. of Management Studies (2009) 6 SCC 171 : [20…
Supreme Court of India30 Sep 2022Full text
2022 INSC 1046 · [2022] 18 S.C.R. 221
HELD: 1.1 Therefore, even considering the averments and allegations in the plaints only, it can be seen that even according to the plaintiffs, the cause of action for the suit arose on G19.09.2005, the date on which the plaintiffs executed the sale deed in favour of the defendant. Most of the cause of actions alleged a…
Supreme Court of India30 Sep 2022Full text
2022 INSC 1045 · [2022] 13 S.C.R. 1129
respondents were prima facie carrying the cattle in cruel conditions without a valid permit, and appellant has shown its willingness to accept the interim custody of the cattle, Magistrate rightly concluded that the cattle would be safe in the custody of the appellant instead of the private respondents – Trial for offe…
Supreme Court of India30 Sep 2022Full text
2022 INSC 1044 · [2022] 18 S.C.R. 238
238 SUPREME COURT[2022]REPORTS18 S.C.R. 238 [2022] 18 S.C.R. A K. RAMYA v. NATIONAL INSURANCE CO. LTD. & ANR. (Civil Appeal No. 7046 of 2022) B SEPTEMBER 30, 2022 [SURYA KANT AND V. RAMASUBRAMANIAN, JJ.] Motor Vehicles Act, 1988: s. 168 – Motor Accident – Quantum of Compensation – Determination of – Loss of Income – No…
Supreme Court of India30 Sep 2022Full text
2022 INSC 1043 · [2022] 7 S.C.R. 309
[2022] 7 S.C.R. 309 309 EXECUTIVE ENGINEER (R AND B) AND OTHERS A v. GOKUL CHANDRA KANUNGO (DEAD) THR. HIS LRS. (Civil Appeal No. 8990 of 2017) SEPTEMBER 30, 2022 B [B. R. GAVAI AND B. V. NAGARATHNA, JJ.] Arbitration and Conciliation Act, 1996 – s.31(7)(a) – Arbitral award – Interest on arbitral awards – Discretion ves…
Supreme Court of India29 Sep 2022Full text
2022 INSC 1041 · [2022] 15 S.C.R. 569
Impugned order set aside but the order passed by the Trial Court is modified – On facts, the defendant Nos. 4 to 11 permitted to place on record their further pleadings in the form of sur-rejoinder but only to the extent of new facts, if any, pleaded in the rejoinder filed D by the plaintiff – Thus, sur-rejoinder to re…
Supreme Court of India29 Sep 2022Full text
2022 INSC 1037 · [2022] 13 S.C.R. 523
GConsideration of validity of a relinquishment deed and consideration of the period of limitation with reference to the same are different and distinct. Practice and Procedure – Non-mentioning of provision in the order – Held: Misquoting or non-quoting of a provision by itself H 523 524 SUPREME COURT REPORTS [2022] 13 …
Supreme Court of India29 Sep 2022Full text
2022 INSC 1036 · [2022] 7 S.C.R. 378
378 M/S. JINDAL STEEL AND POWER LTD. v. THE CHHATTISGARH STATE 379 ELECTRICITY REGULATORY COMMISSION Allowing the appeals, the Court A HELD: 1. The 2003 Act, came into force on 10.06.2003 insofar as Sections 1 to 120 and Sections 122 to 185 are concerned. The Preamble of the 2003 Act states that it has been enacted to …
Supreme Court of India28 Sep 2022Full text
2022 INSC 1034 · [2022] 7 S.C.R. 231
– On appeal, held : A necessary party is a person in whose absence D no effective decree could be passed by the Court – In the present case, the appellant was appointed as Fair Price Dealer through regular allotment, during the pendency of the appeal before the Appellate Authority, on a recommendation of the Tehsil Lev…
Supreme Court of India28 Sep 2022Full text
2022 INSC 1033 · [2022] 5 S.C.R. 909
suffering of a woman who is required to leave the matrimonial home, so that some suitable arrangements could be made to enable her to sustain herself and the children – Husband is required to earn money even by physical labour, if he is an able-bodied, and could not avoid his obligation, except on the legally permissib…
Supreme Court of India28 Sep 2022Full text
2022 INSC 1032 · [2022] 9 S.C.R. 601
[2022] 9 S.C.R. 601 601 CHOTKAU A v. STATE OF UTTAR PRADESH (Criminal Appeal No.361-362 of 2018) SEPTEMBER 28, 2022 B [S. ABDUL NAZEER, A. S. BOPANNA AND V. RAMASUBRAMANIAN, JJ.] Penal Code, 1860: ss.376, 302 – Rape and murder – Conviction for, and death sentence by courts below – Challenged – C Held: There were very s…
Supreme Court of India27 Jan 2022Full text
2022 INSC 103 · [2022] 11 S.C.R. 692
K. ARUMUGA VELAIAH v. P.R. RAMASAMY AND ANR. 693 the instant case there has been no challenge to the finding of A partition between the parties till date and the same has attained finality – Hence, the partition of the ancestral/joint family properties having found to have taken place in the 1964 and the same having be…
Supreme Court of India27 Sep 2022Full text
2022 INSC 1027 · [2022] 7 S.C.R. 259
Suit – Necessary party – Twin test for – Held: For being a necessary party, the twin test has to be satisfied, (i) there must be a right to some relief against such party in respect of the controversies Ginvolved in the proceedings, (ii) no effective decree can be passed in the absence of such a party. Mumbai Internati…
Also on Law on Tips: Bare Acts · Legal news and analysis
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 1695 of 2022. From the Judgment and Order dated 25.03.2022 of the High Court of Judicature at Allahabad in Criminal Misc. Bail Application No. 4095 F of 2022. Atul Kumar, Abhimanyu Sharma, Ms. Deepali, Tarun Gupta, Advs. for the Appellant. Vinod Diwakar, AAG, Rakesh …
Supreme Court of India30 Sep 2022Full text
2022 INSC 1051 · [2022] 7 S.C.R. 267
Siddhartha Jha, Ms. Pracheta Kar, Aditya Sidhra, Nadeem Afroz, G Advs. for the Appellants. Sanjay Parikh, Sr. Adv., Ms. Srishti Agnihotri, Adv. for the Respondent. H FERTILIZERS AND CHEMICALS TRAVANCORE LTD. & ORS. 269 v. ANUSREE K.B. The Judgment of the Court was delivered by A M. R. SHAH, J. 1. Feeling aggrieved and …
Supreme Court of India30 Sep 2022Full text
2022 INSC 1050 · [2022] 4 S.C.R. 850
Court was satisfied that the appellant was likely to defeat the decree/ award that may be passed by the arbitrator by disposing of the properties and/or in any other manner, the Commercial Court could not have passed such an order in exercise of powers u/s.9 – Order passed by the Commercial Court in an application u/s.…
Supreme Court of India28 Jan 2022Full text
2022 INSC 105 · [2022] 19 S.C.R. 711
[2022] 19 S.C.R. 711 711 JARNAIL SINGH & ORS. A v. LACHHMI NARAIN GUPTA & ORS. (Civil Appeal No.629 of 2022) JANUARY 28, 2022 B [L. NAGESWARA RAO, SANJIV KHANNA AND B. R. GAVAI, JJ.] Constitution of India, 1950 – Arts.16(4), 16(4-A), 16(4-B) and 335 – Reservation in promotion – Collection of quantifiable data regarding…
Supreme Court of India30 Sep 2022Full text
2022 INSC 1049 · [2022] 13 S.C.R. 933
application u/ss. 11(5) & (6) and appointing the arbitrators with respect to the dispute between the parties, the original applicant-respondent has preferred the instant appeal – Held: When a specific plea was taken that the dispute falls within Clause 36 of the Addendum agreement and not under Clause 37 and therefore,…
Supreme Court of India30 Sep 2022Full text
2022 INSC 1048 · [2022] 7 S.C.R. 276
was approved, thereafter fresh reference u/s.10 challenging the order of termination was not permissible – 2015 order passed by the Industrial Tribunal which as such is a higher forum than the Labour Court had attained finality – Though the aforesaid fact was pointed out before the High Court, it did not consider the s…
Supreme Court of India30 Sep 2022Full text
2022 INSC 1047 · [2022] 13 S.C.R. 451
Maa Binda Express Carrier v. North-East Frontier Railway (2014) 3 SCC 760 : [2013] 12 SCR 529; H 451 452 SUPREME COURT REPORTS [2022] 13 S.C.R. A Directorate of Education v. Educomp Datamatics Limited (2004) 4 SCC 19 : [2004] 2 SCR 1010; Meerut Development Authority v. Assn. of Management Studies (2009) 6 SCC 171 : [20…
Supreme Court of India30 Sep 2022Full text
2022 INSC 1046 · [2022] 18 S.C.R. 221
HELD: 1.1 Therefore, even considering the averments and allegations in the plaints only, it can be seen that even according to the plaintiffs, the cause of action for the suit arose on G19.09.2005, the date on which the plaintiffs executed the sale deed in favour of the defendant. Most of the cause of actions alleged a…
Supreme Court of India30 Sep 2022Full text
2022 INSC 1045 · [2022] 13 S.C.R. 1129
respondents were prima facie carrying the cattle in cruel conditions without a valid permit, and appellant has shown its willingness to accept the interim custody of the cattle, Magistrate rightly concluded that the cattle would be safe in the custody of the appellant instead of the private respondents – Trial for offe…
Supreme Court of India30 Sep 2022Full text
2022 INSC 1044 · [2022] 18 S.C.R. 238
238 SUPREME COURT[2022]REPORTS18 S.C.R. 238 [2022] 18 S.C.R. A K. RAMYA v. NATIONAL INSURANCE CO. LTD. & ANR. (Civil Appeal No. 7046 of 2022) B SEPTEMBER 30, 2022 [SURYA KANT AND V. RAMASUBRAMANIAN, JJ.] Motor Vehicles Act, 1988: s. 168 – Motor Accident – Quantum of Compensation – Determination of – Loss of Income – No…
Supreme Court of India30 Sep 2022Full text
2022 INSC 1043 · [2022] 7 S.C.R. 309
[2022] 7 S.C.R. 309 309 EXECUTIVE ENGINEER (R AND B) AND OTHERS A v. GOKUL CHANDRA KANUNGO (DEAD) THR. HIS LRS. (Civil Appeal No. 8990 of 2017) SEPTEMBER 30, 2022 B [B. R. GAVAI AND B. V. NAGARATHNA, JJ.] Arbitration and Conciliation Act, 1996 – s.31(7)(a) – Arbitral award – Interest on arbitral awards – Discretion ves…
Supreme Court of India29 Sep 2022Full text
2022 INSC 1041 · [2022] 15 S.C.R. 569
Impugned order set aside but the order passed by the Trial Court is modified – On facts, the defendant Nos. 4 to 11 permitted to place on record their further pleadings in the form of sur-rejoinder but only to the extent of new facts, if any, pleaded in the rejoinder filed D by the plaintiff – Thus, sur-rejoinder to re…
Supreme Court of India29 Sep 2022Full text
2022 INSC 1037 · [2022] 13 S.C.R. 523
GConsideration of validity of a relinquishment deed and consideration of the period of limitation with reference to the same are different and distinct. Practice and Procedure – Non-mentioning of provision in the order – Held: Misquoting or non-quoting of a provision by itself H 523 524 SUPREME COURT REPORTS [2022] 13 …
Supreme Court of India29 Sep 2022Full text
2022 INSC 1036 · [2022] 7 S.C.R. 378
378 M/S. JINDAL STEEL AND POWER LTD. v. THE CHHATTISGARH STATE 379 ELECTRICITY REGULATORY COMMISSION Allowing the appeals, the Court A HELD: 1. The 2003 Act, came into force on 10.06.2003 insofar as Sections 1 to 120 and Sections 122 to 185 are concerned. The Preamble of the 2003 Act states that it has been enacted to …
Supreme Court of India28 Sep 2022Full text
2022 INSC 1034 · [2022] 7 S.C.R. 231
– On appeal, held : A necessary party is a person in whose absence D no effective decree could be passed by the Court – In the present case, the appellant was appointed as Fair Price Dealer through regular allotment, during the pendency of the appeal before the Appellate Authority, on a recommendation of the Tehsil Lev…
Supreme Court of India28 Sep 2022Full text
2022 INSC 1033 · [2022] 5 S.C.R. 909
suffering of a woman who is required to leave the matrimonial home, so that some suitable arrangements could be made to enable her to sustain herself and the children – Husband is required to earn money even by physical labour, if he is an able-bodied, and could not avoid his obligation, except on the legally permissib…
Supreme Court of India28 Sep 2022Full text
2022 INSC 1032 · [2022] 9 S.C.R. 601
[2022] 9 S.C.R. 601 601 CHOTKAU A v. STATE OF UTTAR PRADESH (Criminal Appeal No.361-362 of 2018) SEPTEMBER 28, 2022 B [S. ABDUL NAZEER, A. S. BOPANNA AND V. RAMASUBRAMANIAN, JJ.] Penal Code, 1860: ss.376, 302 – Rape and murder – Conviction for, and death sentence by courts below – Challenged – C Held: There were very s…
Supreme Court of India27 Jan 2022Full text
2022 INSC 103 · [2022] 11 S.C.R. 692
K. ARUMUGA VELAIAH v. P.R. RAMASAMY AND ANR. 693 the instant case there has been no challenge to the finding of A partition between the parties till date and the same has attained finality – Hence, the partition of the ancestral/joint family properties having found to have taken place in the 1964 and the same having be…
Supreme Court of India27 Sep 2022Full text
2022 INSC 1027 · [2022] 7 S.C.R. 259
Suit – Necessary party – Twin test for – Held: For being a necessary party, the twin test has to be satisfied, (i) there must be a right to some relief against such party in respect of the controversies Ginvolved in the proceedings, (ii) no effective decree can be passed in the absence of such a party. Mumbai Internati…
Also on Law on Tips: Bare Acts · Legal news and analysis