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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.
3,881–3,900 · Page 195 of 500
Supreme Court of India9 Dec 2021Full text
2021 INSC 854 · [2021] 9 S.C.R. 389
389 390 SUPREME COURT REPORTS [2021] 9 S.C.R. A further observed by the High Court on merits and/or on the allegations against the private respondent– original accused no.1. Under the circumstances, the impugned judgment and order passed by the High Court quashing the criminal proceedings against the respondent no.2– o…
Supreme Court of India9 Dec 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.
3,881–3,900 · Page 195 of 500
Supreme Court of India9 Dec 2021Full text
2021 INSC 854 · [2021] 9 S.C.R. 389
389 390 SUPREME COURT REPORTS [2021] 9 S.C.R. A further observed by the High Court on merits and/or on the allegations against the private respondent– original accused no.1. Under the circumstances, the impugned judgment and order passed by the High Court quashing the criminal proceedings against the respondent no.2– o…
Supreme Court of India9 Dec 2021Full text
2021 INSC 853 · [2021] 9 S.C.R. 787
change as its cover was radically different and imposed limitations on the insurer’s liability – Appellants were not informed that they had paid premium for a new policy, but were led to believe that they had in fact renewed a pre-existing policy on the same terms, with only difference being the removal of their son as…
Supreme Court of India9 Dec 2021Full text
2021 INSC 852 · [2021] 9 S.C.R. 678
3. PW-1, who is the brother of the deceased (‘H’), stated that on Bthe day of the incident, at about 5 pm, he had proceeded to ‘M’s’ house, where the deceased was working to inform him about the illness of his daughter. PW-1 was informed by ‘M’s’ brother that the deceased had gone towards the pond where he saw the dece…
Supreme Court of India9 Dec 2021Full text
2021 INSC 851 · [2021] 9 S.C.R. 765
[2021] 9 S.C.R. 765 765 BHAGCHANDRA A v. STATE OF MADHYA PRADESH (Criminal Appeal Nos. 255-256 of 2018) DECEMBER 09, 2021 B [L. NAGESWARA RAO, B. R. GAVAI AND B. V. NAGARATHNA, JJ.] Penal Code, 1860 – s.302 r/w. s.201 and 506-B – Prosecution case that appellant committed murder of his two brothers and a nephew – There …
Supreme Court of India12 Feb 2021Full text
2021 INSC 85 · [2021] 1 S.C.R. 612
612 THE STATE OF ODISHA v. BANABIHARI MOHAPATRA 613 ground of delay did not call for interference under Art.136 of the A Constitution of India. Appeal against acquittal: An appeal against acquittal has always been on an altogether different pedestal from an appeal against conviction – In an appeal against acquittal, wh…
Supreme Court of India8 Dec 2021Full text
2021 INSC 846 · [2021] 9 S.C.R. 394
set aside by Tribunal – Confirmed by High Court – Held: Tribunal or High Court could not reject the evidence led by the appellant-employer in respect of misconduct of the workman before the adjudicator – Non lodging of FIR cannot be the circumstance against the witness examined by the employer – Initiation/non-D initia…
Supreme Court of India8 Dec 2021Full text
2021 INSC 844 · [2021] 9 S.C.R. 433
433 434 SUPREME COURT REPORTS [2021] 9 S.C.R. A compensation to the victims of road accident, the Department of Justice, Ministry of Law and Justice is requested to consider constituting ‘Motor Vehicle Appellate Tribunals’ by amending s.173 so that the appeals challenging the award of a Tribunal could be filed before t…
Supreme Court of India8 Dec 2021Full text
2021 INSC 843 · [2021] 9 S.C.R. 668
– The notice served was in conformity with the proviso to s.21 – Further, the respondent has not raised objection relating to defective notice in reply to legal notice, in the written statement before the Rent Controller or before the Appellate Court – Therefore, the objection relating to defecting notice is now capabl…
Supreme Court of India8 Dec 2021Full text
2021 INSC 842 · [2021] 9 S.C.R. 359
also dismissed by the High Court subsequently – On appeal, held: The parties have to disclose the details of all legal proceedings and litigations either past or present concerning any part of the subject-matter of dispute which is within their knowledge – Since, the appellants have not disclosed the filing of the suit…
Supreme Court of India8 Dec 2021Full text
2021 INSC 841 · [2021] 9 S.C.R. 521
against the Karnataka Government in 1963 – Hence, the Karnataka Government had no rights and title over the suit schedule property on the date of grant i.e. on 25.03.1968 – The grant in the favour of the KIC was ineffective – Aggrieved, the KIC filed appeal, which was dismissed – Second appeal filed by KIC was also dis…
Supreme Court of India8 Dec 2021Full text
2021 INSC 840 · [2021] 12 S.C.R. 1178
in Rules 1991 – Appointing Authority would be bound by the statutory rules and any violation or disregard to the statutory rules would vitiate the seniority list – It would be arbitrary, de hors the rules and in conflict with Arts 14 and 16 – Appointing authority ought to have prepared a combined merit list based upon …
Supreme Court of India8 Dec 2021Full text
2021 INSC 839 · [2021] 9 S.C.R. 573
H 573 574 SUPREME COURT REPORTS [2021] 9 S.C.R. A Shankersan Dash v. Union of India [1991] 2 SCR 567 – followed. Shenoy & Co v. Commercial Tax Officer (1985) 2 SCC 512 : [1985] 3SCR 659 – relied on. Case Law Reference B [1985] 3SCR 659 relied on Para 23 [1991] 2 SCR 567 followed Para 25 CIVIL APPELLATE JURISDICTION : C…
Supreme Court of India8 Dec 2021Full text
2021 INSC 837 · [2021] 9 S.C.R. 652
– Code of Criminal Procedure, 1973 – ss.2(d) r/w 200 – Penal Code, 1860 – ss.365, 342, 323, 506. F Negotiable Instruments Act, 1881 – ss.118(a), 139 – Presumption under – Onus to rebut – Standard of proof – Discussed. Dismissing the appeal, the Court HELD: 1.1 The legal aspect relating to the presumption arising in law…
Supreme Court of India7 Dec 2021Full text
2021 INSC 836 · [2021] 11 S.C.R. 1181
Commission, on condition of deposit of the entire amount and/or any amount higher than 50 per cent of the amount awarded – Orders passed by State Commission, appellants directed to refund the amount paid by home buyers with interest – Orders stayed by National Commission, directing appellants to deposit the entire decr…
Supreme Court of India7 Dec 2021Full text
2021 INSC 835 · [2021] 9 S.C.R. 643
absence of any evidence to show meeting of minds between the conspirators for the intended object of committing an illegal act, it is not safe to hold a person guilty for offences under Section 120-B of IPC. A few bits here and a few bits there on which prosecution relies, cannot be held to be adequate for connecting E…
Supreme Court of India7 Dec 2021Full text
2021 INSC 834 · [2021] 9 S.C.R. 372
that the sentence imposed of 15 years RI would run concurrently or consecutively – Plea to direct the subsequent sentence to run concurrently with the previous sentence rejected by the High Court – On appeal, held: In the instant case, the appellant was convicted with respect to two different transactions, there are di…
Supreme Court of India7 Dec 2021Full text
2021 INSC 833 · [2021] 9 S.C.R. 589
ORDER Heard learned counsel for the parties. The relief(s) claimed in this writ petition under Article 32 of the B Constitution of India is founded on the assertion that the petitioner being an Ambassador-at-large of Seychelles, enjoys diplomatic immunity and, therefore, cannot be proceeded with before the Courts in In…
Supreme Court of India7 Dec 2021Full text
2021 INSC 832 · [2021] 12 S.C.R. 596
– Rights of the parties with regard to the land in question shall be governed by the judgment in pending suit in O.S. No.142 of 2008 – B The civil suit to be decided on its own merits and the parties are directed to maintain status quo. Disposing of the appeal, the Court HELD: 1. In the case on hand it is not in disput…
Supreme Court of India12 Feb 2021Full text
2021 INSC 83 · [2021] 1 S.C.R. 799
799 800 SUPREME COURT REPORTS [2021] 1 S.C.R. A incumbent ended on 21.09.2019 – As the rules were later struck down only on 13.11.2019 – At that time the prevailing interim orders and clarifications in Kudrat Sandhu stated that the maximum tenure of such members or chairpersons would be as stipulated in the parent enac…
Supreme Court of India6 Dec 2021Full text
2021 INSC 829 · [2021] 9 S.C.R. 586
Ashutosh Ghade, Ms. Manju Jetley, Advs. for the Appellant. F The following Order of the Court was passed: ORDER Leave granted. (2) The appellant herein was the plaintiff in Civil Suit No.30A/ G 2017 on the file of the First Additional District Judge, Balode, and the respondent was the defendant. The parties are referre…
Also on Law on Tips: Bare Acts · Legal news and analysis
2021 INSC 853 · [2021] 9 S.C.R. 787
change as its cover was radically different and imposed limitations on the insurer’s liability – Appellants were not informed that they had paid premium for a new policy, but were led to believe that they had in fact renewed a pre-existing policy on the same terms, with only difference being the removal of their son as…
Supreme Court of India9 Dec 2021Full text
2021 INSC 852 · [2021] 9 S.C.R. 678
3. PW-1, who is the brother of the deceased (‘H’), stated that on Bthe day of the incident, at about 5 pm, he had proceeded to ‘M’s’ house, where the deceased was working to inform him about the illness of his daughter. PW-1 was informed by ‘M’s’ brother that the deceased had gone towards the pond where he saw the dece…
Supreme Court of India9 Dec 2021Full text
2021 INSC 851 · [2021] 9 S.C.R. 765
[2021] 9 S.C.R. 765 765 BHAGCHANDRA A v. STATE OF MADHYA PRADESH (Criminal Appeal Nos. 255-256 of 2018) DECEMBER 09, 2021 B [L. NAGESWARA RAO, B. R. GAVAI AND B. V. NAGARATHNA, JJ.] Penal Code, 1860 – s.302 r/w. s.201 and 506-B – Prosecution case that appellant committed murder of his two brothers and a nephew – There …
Supreme Court of India12 Feb 2021Full text
2021 INSC 85 · [2021] 1 S.C.R. 612
612 THE STATE OF ODISHA v. BANABIHARI MOHAPATRA 613 ground of delay did not call for interference under Art.136 of the A Constitution of India. Appeal against acquittal: An appeal against acquittal has always been on an altogether different pedestal from an appeal against conviction – In an appeal against acquittal, wh…
Supreme Court of India8 Dec 2021Full text
2021 INSC 846 · [2021] 9 S.C.R. 394
set aside by Tribunal – Confirmed by High Court – Held: Tribunal or High Court could not reject the evidence led by the appellant-employer in respect of misconduct of the workman before the adjudicator – Non lodging of FIR cannot be the circumstance against the witness examined by the employer – Initiation/non-D initia…
Supreme Court of India8 Dec 2021Full text
2021 INSC 844 · [2021] 9 S.C.R. 433
433 434 SUPREME COURT REPORTS [2021] 9 S.C.R. A compensation to the victims of road accident, the Department of Justice, Ministry of Law and Justice is requested to consider constituting ‘Motor Vehicle Appellate Tribunals’ by amending s.173 so that the appeals challenging the award of a Tribunal could be filed before t…
Supreme Court of India8 Dec 2021Full text
2021 INSC 843 · [2021] 9 S.C.R. 668
– The notice served was in conformity with the proviso to s.21 – Further, the respondent has not raised objection relating to defective notice in reply to legal notice, in the written statement before the Rent Controller or before the Appellate Court – Therefore, the objection relating to defecting notice is now capabl…
Supreme Court of India8 Dec 2021Full text
2021 INSC 842 · [2021] 9 S.C.R. 359
also dismissed by the High Court subsequently – On appeal, held: The parties have to disclose the details of all legal proceedings and litigations either past or present concerning any part of the subject-matter of dispute which is within their knowledge – Since, the appellants have not disclosed the filing of the suit…
Supreme Court of India8 Dec 2021Full text
2021 INSC 841 · [2021] 9 S.C.R. 521
against the Karnataka Government in 1963 – Hence, the Karnataka Government had no rights and title over the suit schedule property on the date of grant i.e. on 25.03.1968 – The grant in the favour of the KIC was ineffective – Aggrieved, the KIC filed appeal, which was dismissed – Second appeal filed by KIC was also dis…
Supreme Court of India8 Dec 2021Full text
2021 INSC 840 · [2021] 12 S.C.R. 1178
in Rules 1991 – Appointing Authority would be bound by the statutory rules and any violation or disregard to the statutory rules would vitiate the seniority list – It would be arbitrary, de hors the rules and in conflict with Arts 14 and 16 – Appointing authority ought to have prepared a combined merit list based upon …
Supreme Court of India8 Dec 2021Full text
2021 INSC 839 · [2021] 9 S.C.R. 573
H 573 574 SUPREME COURT REPORTS [2021] 9 S.C.R. A Shankersan Dash v. Union of India [1991] 2 SCR 567 – followed. Shenoy & Co v. Commercial Tax Officer (1985) 2 SCC 512 : [1985] 3SCR 659 – relied on. Case Law Reference B [1985] 3SCR 659 relied on Para 23 [1991] 2 SCR 567 followed Para 25 CIVIL APPELLATE JURISDICTION : C…
Supreme Court of India8 Dec 2021Full text
2021 INSC 837 · [2021] 9 S.C.R. 652
– Code of Criminal Procedure, 1973 – ss.2(d) r/w 200 – Penal Code, 1860 – ss.365, 342, 323, 506. F Negotiable Instruments Act, 1881 – ss.118(a), 139 – Presumption under – Onus to rebut – Standard of proof – Discussed. Dismissing the appeal, the Court HELD: 1.1 The legal aspect relating to the presumption arising in law…
Supreme Court of India7 Dec 2021Full text
2021 INSC 836 · [2021] 11 S.C.R. 1181
Commission, on condition of deposit of the entire amount and/or any amount higher than 50 per cent of the amount awarded – Orders passed by State Commission, appellants directed to refund the amount paid by home buyers with interest – Orders stayed by National Commission, directing appellants to deposit the entire decr…
Supreme Court of India7 Dec 2021Full text
2021 INSC 835 · [2021] 9 S.C.R. 643
absence of any evidence to show meeting of minds between the conspirators for the intended object of committing an illegal act, it is not safe to hold a person guilty for offences under Section 120-B of IPC. A few bits here and a few bits there on which prosecution relies, cannot be held to be adequate for connecting E…
Supreme Court of India7 Dec 2021Full text
2021 INSC 834 · [2021] 9 S.C.R. 372
that the sentence imposed of 15 years RI would run concurrently or consecutively – Plea to direct the subsequent sentence to run concurrently with the previous sentence rejected by the High Court – On appeal, held: In the instant case, the appellant was convicted with respect to two different transactions, there are di…
Supreme Court of India7 Dec 2021Full text
2021 INSC 833 · [2021] 9 S.C.R. 589
ORDER Heard learned counsel for the parties. The relief(s) claimed in this writ petition under Article 32 of the B Constitution of India is founded on the assertion that the petitioner being an Ambassador-at-large of Seychelles, enjoys diplomatic immunity and, therefore, cannot be proceeded with before the Courts in In…
Supreme Court of India7 Dec 2021Full text
2021 INSC 832 · [2021] 12 S.C.R. 596
– Rights of the parties with regard to the land in question shall be governed by the judgment in pending suit in O.S. No.142 of 2008 – B The civil suit to be decided on its own merits and the parties are directed to maintain status quo. Disposing of the appeal, the Court HELD: 1. In the case on hand it is not in disput…
Supreme Court of India12 Feb 2021Full text
2021 INSC 83 · [2021] 1 S.C.R. 799
799 800 SUPREME COURT REPORTS [2021] 1 S.C.R. A incumbent ended on 21.09.2019 – As the rules were later struck down only on 13.11.2019 – At that time the prevailing interim orders and clarifications in Kudrat Sandhu stated that the maximum tenure of such members or chairpersons would be as stipulated in the parent enac…
Supreme Court of India6 Dec 2021Full text
2021 INSC 829 · [2021] 9 S.C.R. 586
Ashutosh Ghade, Ms. Manju Jetley, Advs. for the Appellant. F The following Order of the Court was passed: ORDER Leave granted. (2) The appellant herein was the plaintiff in Civil Suit No.30A/ G 2017 on the file of the First Additional District Judge, Balode, and the respondent was the defendant. The parties are referre…
Also on Law on Tips: Bare Acts · Legal news and analysis