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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.
3,841–3,860 · Page 193 of 500
Supreme Court of India16 Dec 2021Full text
2021 INSC 900 · [2021] 12 S.C.R. 94
Allowing the appeals, the Court HELD: 1. A perusal of the order passed by the Single Judge G indicates that as per the explanation put forth by the respondent, it was their case that the Arbitration Petition under Section 34 of Act 1996 filed on 04.01.2012 was on having knowledge of the award, which according to the re…
Supreme Court of India16 Feb 2021Full 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.
3,841–3,860 · Page 193 of 500
Supreme Court of India16 Dec 2021Full text
2021 INSC 900 · [2021] 12 S.C.R. 94
Allowing the appeals, the Court HELD: 1. A perusal of the order passed by the Single Judge G indicates that as per the explanation put forth by the respondent, it was their case that the Arbitration Petition under Section 34 of Act 1996 filed on 04.01.2012 was on having knowledge of the award, which according to the re…
Supreme Court of India16 Feb 2021Full text
2021 INSC 90 · [2021] 3 S.C.R. 1001
Court set aside – In the peculiar facts of the present case, the pre-deposit of twenty-five per cent of the amount as taken note by the DRAT is permitted – Order passed by the DRAT modified to this extent. Words & Phrases – s.21 – “appeal shall not be entertained” F – Held: Such phrase injuncts the Appellate Tribunal f…
Supreme Court of India6 Jan 2021Full text
2021 INSC 9 · [2021] 1 S.C.R. 1
redressal of grievances, a writ petition should not be entertained ignoring the statutory dispensation – It is prudent for a Judge to not exercise discretion to allow judicial interference beyond the procedure established under the enactment – This power needs to be exercised in exceptional rarity, wherein one party is…
Supreme Court of India15 Dec 2021Full text
2021 INSC 899 · [2021] 9 S.C.R. 416
Allowing the appeal, the Court HELD: 1.1 As per the guidelines issued, the grant of benefit G of OTS Scheme cannot be prayed as a matter of right and the same is subject to fulfilling the eligibility criteria mentioned in the scheme. The defaulters who are ineligible under the OTS Scheme are mentioned in clause 2. A wi…
Supreme Court of India15 Dec 2021Full text
2021 INSC 898 · [2021] 9 S.C.R. 497
E Allowing the appeal, the Court HELD : If the appellant had not submitted its reply at the conciliation stage, and failed to appear, the Facilitation Council could, at best, have recorded the failure of conciliation and proceeded to initiate arbitration proceedings in accordance with F the relevant provisions of the A…
Supreme Court of India15 Dec 2021Full text
2021 INSC 896 · [2021] 14 S.C.R. 767
nor wholly unreliable’– A greater degree of care and caution would be required and a corroboration in material particulars by reliable testimony, direct or circumstantial, would be necessary to pass an order of conviction – Even if the evidence of P.W.1 and P.W.2- is taken at its face value, the accused have murdered s…
Supreme Court of India14 Dec 2021Full text
2021 INSC 892 · [2021] 12 S.C.R. 137
M. R. Shamshad, Arijit Sarkar, Ms. Nabeela Jamil, Niaz A. Farooqui, Zaki Ahmad Khan, Advs. for the Appellant. Piyush Singh, Aditya Parolia, Akshay Srivastava, Sourav Sharma, F Rajesh Kumar, Gaurav Goel, Adarsh Upadhyay, Advs. for the Respondents. The Judgment of the Court was delivered by K. M. JOSEPH, J. G (1) Leave g…
Supreme Court of India14 Dec 2021Full text
2021 INSC 891 · [2021] 9 S.C.R. 882
Certificates were issued by unauthorised persons and the authenticity of such documents were not established – Respondent was required to have been engaged for 240 days in a given calendar year however, he had served for a maximum of 38 days in a calendar year and was ineligible – Further, period of engagement spreadin…
Supreme Court of India14 Dec 2021Full text
2021 INSC 890 · [2021] 9 S.C.R. 469
D Ms. Vibha Datta Makhija, Sr. Adv., Fuzail Ahmad Ayyubi, Praveen Gaur, Karan Mamgain, Ms. Shaiya Khanna, Ibad Mushtaq, Ms. Akanksha Rai, Advs. for the Appellants. Sahdev Singh, Ms. Alka Sinha, Anuvrat Sharma, Mohd. Asad Khan, Shashank Singh, Dr. Anil Kumar Gupta, Anupam Choudhary, E Danish Zubair Khan, Advs. for the R…
Supreme Court of India15 Feb 2021Full text
2021 INSC 89 · [2021] 1 S.C.R. 544
the reasons are not available to them to avail of the legal remedy of approaching the Court where the reasons can be scrutinized – It indeed amounts to defeating the rights of the party aggrieved to challenge the impugned judgment on merits and even the succeeding party is unable to obtain the fruits of success of the …
Supreme Court of India14 Dec 2021Full text
2021 INSC 889 · [2021] 9 S.C.R. 725
725 726 SUPREME COURT REPORTS [2021] 9 S.C.R. A clause, the question of extending the benefits as per s.40, 2013 Act will not arise – Land Acquisition Act, 1894 – s.4, 6 – Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – ss.11, 40, 64, 66, 74 – Indian Forest Act, 1927 …
Supreme Court of India14 Dec 2021Full text
2021 INSC 888 · [2021] 12 S.C.R. 294
294 SUPREME COURT[2021]REPORTS12 S.C.R. 294 [2021] 12 S.C.R. A STATE OF HARYANA v. M/S. SHIV SHANKAR CONSTRUCTION CO. & ANR. (Civil Appeal Nos.7379-7380 Of 2021) B DECEMBER 14, 2021 [M. R. SHAH AND B. V. NAGARATHNA, JJ.] Arbitration and Conciliation Act, 1996: ss.34 and 37 – Contract awarded for maintenance of road for…
Supreme Court of India14 Dec 2021Full text
2021 INSC 887 · [2021] 12 S.C.R. 284
284 SUPREME COURT[2021]REPORTS12 S.C.R. 284 [2021] 12 S.C.R. A APMC YASHWANTHAPURA THROUGH ITS SECRETARY v. M/S. SELVA FOODS THROUGH ITS MANAGING PARTNER (Civil Appeal No. 7706 of 2021) DECEMBER 14, 2021 B [R. SUBHASH REDDY AND SANJIV KHANNA, JJ.] Karnataka Agricultural Produce Marketing (Regulation and Development) Ac…
Supreme Court of India14 Dec 2021Full text
2021 INSC 886 · [2021] 12 S.C.R. 152
Allowing the appeals, the Court HELD: 1.1 Pivot of The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 is to reach the “illegally acquired properties” of the specified convict/detenu in H 152 THE INCOME TAX OFFICER, CIRCLE I (2), KUMBAKONAM 153 v. V. MOHAN whosoever’s name they are kept o…
Supreme Court of India14 Dec 2021Full text
2021 INSC 885 · [2021] 14 S.C.R. 503
504 SUPREME COURT REPORTS [2021] 14 S.C.R. A China border should be of Double lane with paved shoulder configuration (DL-PS) standard – Considerations for construction of highways which are of strategic importance and used by armed Forces cannot be same as those for other roads in hilly and mountainous regions – Need f…
Supreme Court of India14 Dec 2021Full text
2021 INSC 884 · [2021] 12 S.C.R. 28
or reject an application – These are the only two courses of action which are open to the Adjudicating Authority in accordance with s. 7(5) – Furthermore, the Appellate Authority sought to make a distinction by observing that the directions of the Adjudicating Authority were at the ‘pre-admission stage’, and that the o…
Supreme Court of India14 Dec 2021Full text
2021 INSC 883 · [2021] 9 S.C.R. 993
Disposing of the appeal, the Court HELD: 1.1 In Reliance General Insurance Company Limited v. Mampee Timbers and Hardwares Private Limited, a two-Judge H 993 994 SUPREME COURT REPORTS [2021] 9 S.C.R. A Bench of this Court had, on 10 February 2017, issued directions to the consumer fora as regards applications for condo…
Supreme Court of India14 Dec 2021Full text
2021 INSC 882 · [2021] 14 S.C.R. 809
809 [2021] 14 S.C.R. 809 LOCHAN SHRIVAS A v. THE STATE OF CHHATTISGARH (Criminal Appeal Nos. 499-500 of 2018) DECEMBER 14, 2021 B [L. NAGESWARA RAO, B.R. GAVAI AND B. V. NAGARATHNA, JJ.] Penal Code 1860: ss.363, 366, 376(2)(i), 377, 201, 302 and 376A – Prosecution case was that on the fateful day, the minor daughter C …
Supreme Court of India13 Dec 2021Full text
2021 INSC 881 · [2021] 12 S.C.R. 195
[2021] 12 S.C.R. 195 195 A. MANJU A v. PRAJWAL REVANNA @ PRAJWAL R & ORS (Civil Appeal No. 1774 of 2020) B DECEMBER 13, 2021 [SANJAY KISHAN KAUL AND M.M. SUNDRESH, JJ.] Conduct of Election Rules, 1961 – r.94A – Non-submission of Form 25 – Election petition containing allegations of corrupt C practices – Whether electio…
Supreme Court of India13 Dec 2021Full text
2021 INSC 879 · [2021] 9 S.C.R. 451
451 452 SUPREME COURT REPORTS [2021] 9 S.C.R. A while they depose. The Appellate Court is expected to involve itself in a deeper, studied scrutiny of not only the evidence before it, but is duty bound to satisfy itself whether the decision of the trial court is both possible and plausible view. When two views are possi…
Also on Law on Tips: Bare Acts · Legal news and analysis
2021 INSC 90 · [2021] 3 S.C.R. 1001
Court set aside – In the peculiar facts of the present case, the pre-deposit of twenty-five per cent of the amount as taken note by the DRAT is permitted – Order passed by the DRAT modified to this extent. Words & Phrases – s.21 – “appeal shall not be entertained” F – Held: Such phrase injuncts the Appellate Tribunal f…
Supreme Court of India6 Jan 2021Full text
2021 INSC 9 · [2021] 1 S.C.R. 1
redressal of grievances, a writ petition should not be entertained ignoring the statutory dispensation – It is prudent for a Judge to not exercise discretion to allow judicial interference beyond the procedure established under the enactment – This power needs to be exercised in exceptional rarity, wherein one party is…
Supreme Court of India15 Dec 2021Full text
2021 INSC 899 · [2021] 9 S.C.R. 416
Allowing the appeal, the Court HELD: 1.1 As per the guidelines issued, the grant of benefit G of OTS Scheme cannot be prayed as a matter of right and the same is subject to fulfilling the eligibility criteria mentioned in the scheme. The defaulters who are ineligible under the OTS Scheme are mentioned in clause 2. A wi…
Supreme Court of India15 Dec 2021Full text
2021 INSC 898 · [2021] 9 S.C.R. 497
E Allowing the appeal, the Court HELD : If the appellant had not submitted its reply at the conciliation stage, and failed to appear, the Facilitation Council could, at best, have recorded the failure of conciliation and proceeded to initiate arbitration proceedings in accordance with F the relevant provisions of the A…
Supreme Court of India15 Dec 2021Full text
2021 INSC 896 · [2021] 14 S.C.R. 767
nor wholly unreliable’– A greater degree of care and caution would be required and a corroboration in material particulars by reliable testimony, direct or circumstantial, would be necessary to pass an order of conviction – Even if the evidence of P.W.1 and P.W.2- is taken at its face value, the accused have murdered s…
Supreme Court of India14 Dec 2021Full text
2021 INSC 892 · [2021] 12 S.C.R. 137
M. R. Shamshad, Arijit Sarkar, Ms. Nabeela Jamil, Niaz A. Farooqui, Zaki Ahmad Khan, Advs. for the Appellant. Piyush Singh, Aditya Parolia, Akshay Srivastava, Sourav Sharma, F Rajesh Kumar, Gaurav Goel, Adarsh Upadhyay, Advs. for the Respondents. The Judgment of the Court was delivered by K. M. JOSEPH, J. G (1) Leave g…
Supreme Court of India14 Dec 2021Full text
2021 INSC 891 · [2021] 9 S.C.R. 882
Certificates were issued by unauthorised persons and the authenticity of such documents were not established – Respondent was required to have been engaged for 240 days in a given calendar year however, he had served for a maximum of 38 days in a calendar year and was ineligible – Further, period of engagement spreadin…
Supreme Court of India14 Dec 2021Full text
2021 INSC 890 · [2021] 9 S.C.R. 469
D Ms. Vibha Datta Makhija, Sr. Adv., Fuzail Ahmad Ayyubi, Praveen Gaur, Karan Mamgain, Ms. Shaiya Khanna, Ibad Mushtaq, Ms. Akanksha Rai, Advs. for the Appellants. Sahdev Singh, Ms. Alka Sinha, Anuvrat Sharma, Mohd. Asad Khan, Shashank Singh, Dr. Anil Kumar Gupta, Anupam Choudhary, E Danish Zubair Khan, Advs. for the R…
Supreme Court of India15 Feb 2021Full text
2021 INSC 89 · [2021] 1 S.C.R. 544
the reasons are not available to them to avail of the legal remedy of approaching the Court where the reasons can be scrutinized – It indeed amounts to defeating the rights of the party aggrieved to challenge the impugned judgment on merits and even the succeeding party is unable to obtain the fruits of success of the …
Supreme Court of India14 Dec 2021Full text
2021 INSC 889 · [2021] 9 S.C.R. 725
725 726 SUPREME COURT REPORTS [2021] 9 S.C.R. A clause, the question of extending the benefits as per s.40, 2013 Act will not arise – Land Acquisition Act, 1894 – s.4, 6 – Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – ss.11, 40, 64, 66, 74 – Indian Forest Act, 1927 …
Supreme Court of India14 Dec 2021Full text
2021 INSC 888 · [2021] 12 S.C.R. 294
294 SUPREME COURT[2021]REPORTS12 S.C.R. 294 [2021] 12 S.C.R. A STATE OF HARYANA v. M/S. SHIV SHANKAR CONSTRUCTION CO. & ANR. (Civil Appeal Nos.7379-7380 Of 2021) B DECEMBER 14, 2021 [M. R. SHAH AND B. V. NAGARATHNA, JJ.] Arbitration and Conciliation Act, 1996: ss.34 and 37 – Contract awarded for maintenance of road for…
Supreme Court of India14 Dec 2021Full text
2021 INSC 887 · [2021] 12 S.C.R. 284
284 SUPREME COURT[2021]REPORTS12 S.C.R. 284 [2021] 12 S.C.R. A APMC YASHWANTHAPURA THROUGH ITS SECRETARY v. M/S. SELVA FOODS THROUGH ITS MANAGING PARTNER (Civil Appeal No. 7706 of 2021) DECEMBER 14, 2021 B [R. SUBHASH REDDY AND SANJIV KHANNA, JJ.] Karnataka Agricultural Produce Marketing (Regulation and Development) Ac…
Supreme Court of India14 Dec 2021Full text
2021 INSC 886 · [2021] 12 S.C.R. 152
Allowing the appeals, the Court HELD: 1.1 Pivot of The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 is to reach the “illegally acquired properties” of the specified convict/detenu in H 152 THE INCOME TAX OFFICER, CIRCLE I (2), KUMBAKONAM 153 v. V. MOHAN whosoever’s name they are kept o…
Supreme Court of India14 Dec 2021Full text
2021 INSC 885 · [2021] 14 S.C.R. 503
504 SUPREME COURT REPORTS [2021] 14 S.C.R. A China border should be of Double lane with paved shoulder configuration (DL-PS) standard – Considerations for construction of highways which are of strategic importance and used by armed Forces cannot be same as those for other roads in hilly and mountainous regions – Need f…
Supreme Court of India14 Dec 2021Full text
2021 INSC 884 · [2021] 12 S.C.R. 28
or reject an application – These are the only two courses of action which are open to the Adjudicating Authority in accordance with s. 7(5) – Furthermore, the Appellate Authority sought to make a distinction by observing that the directions of the Adjudicating Authority were at the ‘pre-admission stage’, and that the o…
Supreme Court of India14 Dec 2021Full text
2021 INSC 883 · [2021] 9 S.C.R. 993
Disposing of the appeal, the Court HELD: 1.1 In Reliance General Insurance Company Limited v. Mampee Timbers and Hardwares Private Limited, a two-Judge H 993 994 SUPREME COURT REPORTS [2021] 9 S.C.R. A Bench of this Court had, on 10 February 2017, issued directions to the consumer fora as regards applications for condo…
Supreme Court of India14 Dec 2021Full text
2021 INSC 882 · [2021] 14 S.C.R. 809
809 [2021] 14 S.C.R. 809 LOCHAN SHRIVAS A v. THE STATE OF CHHATTISGARH (Criminal Appeal Nos. 499-500 of 2018) DECEMBER 14, 2021 B [L. NAGESWARA RAO, B.R. GAVAI AND B. V. NAGARATHNA, JJ.] Penal Code 1860: ss.363, 366, 376(2)(i), 377, 201, 302 and 376A – Prosecution case was that on the fateful day, the minor daughter C …
Supreme Court of India13 Dec 2021Full text
2021 INSC 881 · [2021] 12 S.C.R. 195
[2021] 12 S.C.R. 195 195 A. MANJU A v. PRAJWAL REVANNA @ PRAJWAL R & ORS (Civil Appeal No. 1774 of 2020) B DECEMBER 13, 2021 [SANJAY KISHAN KAUL AND M.M. SUNDRESH, JJ.] Conduct of Election Rules, 1961 – r.94A – Non-submission of Form 25 – Election petition containing allegations of corrupt C practices – Whether electio…
Supreme Court of India13 Dec 2021Full text
2021 INSC 879 · [2021] 9 S.C.R. 451
451 452 SUPREME COURT REPORTS [2021] 9 S.C.R. A while they depose. The Appellate Court is expected to involve itself in a deeper, studied scrutiny of not only the evidence before it, but is duty bound to satisfy itself whether the decision of the trial court is both possible and plausible view. When two views are possi…
Also on Law on Tips: Bare Acts · Legal news and analysis