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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.
3,921–3,940 · Page 197 of 500
Supreme Court of India29 Nov 2021Full text
2021 INSC 800 · [2021] 11 S.C.R. 42
conscious application of mind even while dismissing the appeal at the admission stage – Thus, the High Court cannot dismiss the second appeal in limine without assigning any reasons for its conclusion – The order of the High Court is set aside and the matter is remitted back to the High Court for fresh disposal in acco…
Supreme Court of India11 Feb 2021Full text
2021 INSC 80 · [2021] 4 S.C.R. 407
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.
3,921–3,940 · Page 197 of 500
Supreme Court of India29 Nov 2021Full text
2021 INSC 800 · [2021] 11 S.C.R. 42
conscious application of mind even while dismissing the appeal at the admission stage – Thus, the High Court cannot dismiss the second appeal in limine without assigning any reasons for its conclusion – The order of the High Court is set aside and the matter is remitted back to the High Court for fresh disposal in acco…
Supreme Court of India11 Feb 2021Full text
2021 INSC 80 · [2021] 4 S.C.R. 407
awarded for conviction u/s. 324 is reduced to six months instead of one year with compensation of Rs.3.5 Lakhs each to the legal heir of the deceased in addition to the compensation awarded by the High Court – Code of Criminal Procedure, 1973 - s. 320(2) and (5) – Compensation – Witnesses. H 407 408 SUPREME COURT REPOR…
Supreme Court of India5 Jan 2021Full text
2021 INSC 8 · [2021] 1 S.C.R. 17
H THE CHAIRPERSON GOVERNING BODY DAULAT RAM 19 COLLEGE v. DR. ASHA & ORS. Diya Kapur, Kshitij Dua, Satya Mitra, Rajesh Banati, Shailendra A Bhardwaj, Ms. Aroma S. Bhardwaj, Mohinder Jit Singh, Hardik Rupal, Ms. Pratima Nain Lakra, Mrs. Pragya Baghel for the appearing parties. The Judgment of the Court was delivered by …
Supreme Court of India29 Nov 2021Full text
2021 INSC 798 · [2021] 11 S.C.R. 985
of trial – S.465 CrPC is applicable to interlocutory orders such as an order taking cognizance and summons order as well – Therefore, even if the order taking cognizance is irregular, it would not vitiate the proceedings in view of s.465 CrPC – As fas as failure of justice is concerned, the cardinal principle that guid…
Supreme Court of India29 Nov 2021Full text
2021 INSC 797 · [2021] 13 S.C.R. 190
in the tender allotment – When a contract is being evaluated, the mere possibility of more money in the public coffers, does not in itself serve public interest – Blanket claim by the State claiming loss of public money cannot be used to forgo contractual obligations – On facts, post-decisional hearing given to respond…
Supreme Court of India29 Nov 2021Full text
2021 INSC 796 · [2021] 10 S.C.R. 1146
Vimal Bhai Vs. Union of India Appeal No.7 of 2012 G (order dated 07.11.2012); T.N. Godavarman Thirumulpad Vs Union of India and Ors. Writ Petition (Civil) 202 of 1995 – referred to. Case Law Reference [2011] 7 SCR 954 referred to Para 8 H 1146 IN RE: T.N. GODAVARMAN THIRUMULPAD v. UNION OF 1147 INDIA & ORS. JURISDICTIO…
Supreme Court of India26 Nov 2021Full text
2021 INSC 795 · [2021] 11 S.C.R. 284
construction is endorsed and four constructed buildings are to be treated to be under a valid EC with all legal consequences – However, for any further construction proposed they must secure fresh clearance as required – Doctrine of legitimate expectation. H 284 M/S SAI BABA SALES PVT. LTD. v. UNION OF INDIA 285 Dispos…
Supreme Court of India26 Nov 2021Full text
2021 INSC 794 · [2021] 7 S.C.R. 532
532 SUPREME COURT[2021]REPORTS7 S.C.R. 532 [2021] 7 S.C.R. A ELECTROSTEEL CASTINGS LIMITED v. UV ASSET RECONSTRUCTION COMPANY LIMITED & ORS. (Civil Appeal No. 6669 of 2021) B NOVEMBER 26, 2021 [M. R. SHAH AND SANJIV KHANNA, JJ.] Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest …
Supreme Court of India26 Nov 2021Full text
2021 INSC 793 · [2021] 11 S.C.R. 275
the Constable – High Court set aside the dismissal order – On appeal, held: To pass an order as disciplinary measure, by adopting special procedure in certain cases, r. 161 itself mandates recording of reasons – Dismissal of a regular member of Force, is a drastic measure – r. 161 which prescribes dispensing with an in…
Supreme Court of India26 Nov 2021Full text
2021 INSC 792 · [2021] 10 S.C.R. 1022
s. 149 – Unlawful assembly – Common object of an assembly D– Held: Common object is different from common intention as it does not require a prior concert and a common meeting of minds before the attack – It is enough if each has the same object in view and their number is five or more and that they act as an assembly …
Supreme Court of India26 Nov 2021Full text
2021 INSC 790 · [2021] 10 S.C.R. 1061
[2021] 10 S.C.R. 1061 1061 SURINDER SINGH A v. STATE (UNION TERRITORY OF CHANDIGARH) (Criminal Appeal No. 2373 of 2010) NOVEMBER 26, 2021 B [N. V. RAMANA, CJI, SURYA KANT AND A. S. BOPANNA, JJ.] Penal Code, 1860 – s.307 – Attempt to murder – Appellant-Head Constable convicted u/s.307 and s.27 of Arms Act, sentenced to …
Supreme Court of India11 Feb 2021Full text
2021 INSC 79 · [2021] 1 S.C.R. 534
and order passed by the High Court as well as the judgme…
Supreme Court of India25 Nov 2021Full text
2021 INSC 789 · [2021] 11 S.C.R. 946
it on next date – Aggrieved original opposite party no.2 filed instant appeal – Held: The allegations made by the complainant were serious in nature – However, at the same time, the allegations were yet to be considered in detail by National Commission, after giving an opportunity to the opposite parties – The opposite…
Supreme Court of India25 Nov 2021Full text
2021 INSC 788 · [2021] 7 S.C.R. 1111
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7041 E of 2021. From the Judgment and Order dated 02.01.2018 of the High Court of Madhya Pradesh at Jabalpur in A.A. No. 30 of 2012. Pijush K. Roy, Mrs. Kakali Roy, Rajan K. Chourasia, Advs. for Fthe Appellant. Vikas Singh, Sr. Adv., Ashwani Kumar Dubey, Pankaj Sharma, Ksh…
Supreme Court of India25 Nov 2021Full text
2021 INSC 787 · [2021] 7 S.C.R. 1105
such as the present case, where despite the clear bar of Rule 43(8) [since the transaction in question was much before the Act of 1978 came into force] an extraordinary time period had elapsed – The transaction took place on 20.12.1971, seven years before the Act of 1978 came into force – Respondent No.4 was born some …
Supreme Court of India25 Nov 2021Full text
2021 INSC 786 · [2021] 7 S.C.R. 520
Allowing the appeal, the Court HELD: 1.1 The opinion of the High Court was that the Will was proved in terms of Section 63 of the Succession Act, 1925 and while coming to such finding the High Court went deep into factual inquiry. It is evident from the judgment under appeal that G the formulation of the question of la…
Supreme Court of India25 Nov 2021Full text
2021 INSC 785 · [2021] 10 S.C.R. 1187
[2021] 10 S.C.R. 1187 1187 AKKAMMA & ORS. A v. VEMAVATHI & ORS. (Civil Appeal No. 5884 of 2009) B NOVEMBER 25, 2021 [L. NAGESWARA RAO AND ANIRUDDHA BOSE, JJ.] Specific Relief Act, 1963 – s.34 – Two suits were filed in 1982 and 1987 in respect of the suit property – The 1982 suit, for C perpetual injunction, was dismiss…
Supreme Court of India24 Nov 2021Full text
2021 INSC 784 · [2021] 7 S.C.R. 528
Allowing the appeal, the Court D HELD: 1 In the case of *International Asset Reconstruction Company of India Limited, while dealing with the appeal under Section 30 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993, after 2000 amendment, it was held that Section 5 of the Limitation Act is speci…
Supreme Court of India24 Nov 2021Full text
2021 INSC 783 · [2021] 7 S.C.R. 506
E Allowing the appeal, the Court HELD: 1.1 The materials on record clearly suggest that the Art and Craft Course is a highly practical oriented course and the appointee teachers have to train the students in Art and Craft which is a practical subject. The diploma in Art and Craft is F given by the Industrial Training a…
Supreme Court of India24 Nov 2021Full text
2021 INSC 782 · [2021] 7 S.C.R. 450
in the transaction and his presence could not be doubted – Furthermore, on entirety, consistent and cogent eyewitness account – Presence of the prosecution witnesses who were examined as eyewitnesses to the occurrence, cannot be discredited – Five eyewitnesses testified to the presence and participation of the F accuse…
Also on Law on Tips: Bare Acts · Legal news and analysis
awarded for conviction u/s. 324 is reduced to six months instead of one year with compensation of Rs.3.5 Lakhs each to the legal heir of the deceased in addition to the compensation awarded by the High Court – Code of Criminal Procedure, 1973 - s. 320(2) and (5) – Compensation – Witnesses. H 407 408 SUPREME COURT REPOR…
Supreme Court of India5 Jan 2021Full text
2021 INSC 8 · [2021] 1 S.C.R. 17
H THE CHAIRPERSON GOVERNING BODY DAULAT RAM 19 COLLEGE v. DR. ASHA & ORS. Diya Kapur, Kshitij Dua, Satya Mitra, Rajesh Banati, Shailendra A Bhardwaj, Ms. Aroma S. Bhardwaj, Mohinder Jit Singh, Hardik Rupal, Ms. Pratima Nain Lakra, Mrs. Pragya Baghel for the appearing parties. The Judgment of the Court was delivered by …
Supreme Court of India29 Nov 2021Full text
2021 INSC 798 · [2021] 11 S.C.R. 985
of trial – S.465 CrPC is applicable to interlocutory orders such as an order taking cognizance and summons order as well – Therefore, even if the order taking cognizance is irregular, it would not vitiate the proceedings in view of s.465 CrPC – As fas as failure of justice is concerned, the cardinal principle that guid…
Supreme Court of India29 Nov 2021Full text
2021 INSC 797 · [2021] 13 S.C.R. 190
in the tender allotment – When a contract is being evaluated, the mere possibility of more money in the public coffers, does not in itself serve public interest – Blanket claim by the State claiming loss of public money cannot be used to forgo contractual obligations – On facts, post-decisional hearing given to respond…
Supreme Court of India29 Nov 2021Full text
2021 INSC 796 · [2021] 10 S.C.R. 1146
Vimal Bhai Vs. Union of India Appeal No.7 of 2012 G (order dated 07.11.2012); T.N. Godavarman Thirumulpad Vs Union of India and Ors. Writ Petition (Civil) 202 of 1995 – referred to. Case Law Reference [2011] 7 SCR 954 referred to Para 8 H 1146 IN RE: T.N. GODAVARMAN THIRUMULPAD v. UNION OF 1147 INDIA & ORS. JURISDICTIO…
Supreme Court of India26 Nov 2021Full text
2021 INSC 795 · [2021] 11 S.C.R. 284
construction is endorsed and four constructed buildings are to be treated to be under a valid EC with all legal consequences – However, for any further construction proposed they must secure fresh clearance as required – Doctrine of legitimate expectation. H 284 M/S SAI BABA SALES PVT. LTD. v. UNION OF INDIA 285 Dispos…
Supreme Court of India26 Nov 2021Full text
2021 INSC 794 · [2021] 7 S.C.R. 532
532 SUPREME COURT[2021]REPORTS7 S.C.R. 532 [2021] 7 S.C.R. A ELECTROSTEEL CASTINGS LIMITED v. UV ASSET RECONSTRUCTION COMPANY LIMITED & ORS. (Civil Appeal No. 6669 of 2021) B NOVEMBER 26, 2021 [M. R. SHAH AND SANJIV KHANNA, JJ.] Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest …
Supreme Court of India26 Nov 2021Full text
2021 INSC 793 · [2021] 11 S.C.R. 275
the Constable – High Court set aside the dismissal order – On appeal, held: To pass an order as disciplinary measure, by adopting special procedure in certain cases, r. 161 itself mandates recording of reasons – Dismissal of a regular member of Force, is a drastic measure – r. 161 which prescribes dispensing with an in…
Supreme Court of India26 Nov 2021Full text
2021 INSC 792 · [2021] 10 S.C.R. 1022
s. 149 – Unlawful assembly – Common object of an assembly D– Held: Common object is different from common intention as it does not require a prior concert and a common meeting of minds before the attack – It is enough if each has the same object in view and their number is five or more and that they act as an assembly …
Supreme Court of India26 Nov 2021Full text
2021 INSC 790 · [2021] 10 S.C.R. 1061
[2021] 10 S.C.R. 1061 1061 SURINDER SINGH A v. STATE (UNION TERRITORY OF CHANDIGARH) (Criminal Appeal No. 2373 of 2010) NOVEMBER 26, 2021 B [N. V. RAMANA, CJI, SURYA KANT AND A. S. BOPANNA, JJ.] Penal Code, 1860 – s.307 – Attempt to murder – Appellant-Head Constable convicted u/s.307 and s.27 of Arms Act, sentenced to …
Supreme Court of India11 Feb 2021Full text
2021 INSC 79 · [2021] 1 S.C.R. 534
and order passed by the High Court as well as the judgme…
Supreme Court of India25 Nov 2021Full text
2021 INSC 789 · [2021] 11 S.C.R. 946
it on next date – Aggrieved original opposite party no.2 filed instant appeal – Held: The allegations made by the complainant were serious in nature – However, at the same time, the allegations were yet to be considered in detail by National Commission, after giving an opportunity to the opposite parties – The opposite…
Supreme Court of India25 Nov 2021Full text
2021 INSC 788 · [2021] 7 S.C.R. 1111
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7041 E of 2021. From the Judgment and Order dated 02.01.2018 of the High Court of Madhya Pradesh at Jabalpur in A.A. No. 30 of 2012. Pijush K. Roy, Mrs. Kakali Roy, Rajan K. Chourasia, Advs. for Fthe Appellant. Vikas Singh, Sr. Adv., Ashwani Kumar Dubey, Pankaj Sharma, Ksh…
Supreme Court of India25 Nov 2021Full text
2021 INSC 787 · [2021] 7 S.C.R. 1105
such as the present case, where despite the clear bar of Rule 43(8) [since the transaction in question was much before the Act of 1978 came into force] an extraordinary time period had elapsed – The transaction took place on 20.12.1971, seven years before the Act of 1978 came into force – Respondent No.4 was born some …
Supreme Court of India25 Nov 2021Full text
2021 INSC 786 · [2021] 7 S.C.R. 520
Allowing the appeal, the Court HELD: 1.1 The opinion of the High Court was that the Will was proved in terms of Section 63 of the Succession Act, 1925 and while coming to such finding the High Court went deep into factual inquiry. It is evident from the judgment under appeal that G the formulation of the question of la…
Supreme Court of India25 Nov 2021Full text
2021 INSC 785 · [2021] 10 S.C.R. 1187
[2021] 10 S.C.R. 1187 1187 AKKAMMA & ORS. A v. VEMAVATHI & ORS. (Civil Appeal No. 5884 of 2009) B NOVEMBER 25, 2021 [L. NAGESWARA RAO AND ANIRUDDHA BOSE, JJ.] Specific Relief Act, 1963 – s.34 – Two suits were filed in 1982 and 1987 in respect of the suit property – The 1982 suit, for C perpetual injunction, was dismiss…
Supreme Court of India24 Nov 2021Full text
2021 INSC 784 · [2021] 7 S.C.R. 528
Allowing the appeal, the Court D HELD: 1 In the case of *International Asset Reconstruction Company of India Limited, while dealing with the appeal under Section 30 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993, after 2000 amendment, it was held that Section 5 of the Limitation Act is speci…
Supreme Court of India24 Nov 2021Full text
2021 INSC 783 · [2021] 7 S.C.R. 506
E Allowing the appeal, the Court HELD: 1.1 The materials on record clearly suggest that the Art and Craft Course is a highly practical oriented course and the appointee teachers have to train the students in Art and Craft which is a practical subject. The diploma in Art and Craft is F given by the Industrial Training a…
Supreme Court of India24 Nov 2021Full text
2021 INSC 782 · [2021] 7 S.C.R. 450
in the transaction and his presence could not be doubted – Furthermore, on entirety, consistent and cogent eyewitness account – Presence of the prosecution witnesses who were examined as eyewitnesses to the occurrence, cannot be discredited – Five eyewitnesses testified to the presence and participation of the F accuse…
Also on Law on Tips: Bare Acts · Legal news and analysis