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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.
3,981–4,000 · Page 200 of 500
Supreme Court of India15 Nov 2021Full text
2021 INSC 729 · [2021] 11 S.C.R. 937
[2021] 11 S.C.R. 937 937 THE ORIENTAL INSURANCE CO. LTD. A v. MALANA POWER COMPANY LTD. (Civil Appeal No.5132 of 2019) NOVEMBER 15, 2021 B [R. SUBHASH REDDY AND HRISHIKESH ROY, JJ.] Insurance: Insurance claim – Repudiation of – Non-disclosure or fraud – On facts, claim raised by complainant as per the Special Contingen…
Supreme Court of India13 Nov 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.
3,981–4,000 · Page 200 of 500
Supreme Court of India15 Nov 2021Full text
2021 INSC 729 · [2021] 11 S.C.R. 937
[2021] 11 S.C.R. 937 937 THE ORIENTAL INSURANCE CO. LTD. A v. MALANA POWER COMPANY LTD. (Civil Appeal No.5132 of 2019) NOVEMBER 15, 2021 B [R. SUBHASH REDDY AND HRISHIKESH ROY, JJ.] Insurance: Insurance claim – Repudiation of – Non-disclosure or fraud – On facts, claim raised by complainant as per the Special Contingen…
Supreme Court of India13 Nov 2021Full text
2021 INSC 727 · [2021] 7 S.C.R. 337
nd their seniority was fixed and only thereafter the cause of action has arisen to claim further promotion to the post of AO. Even while allowing the appeals…
Supreme Court of India13 Nov 2021Full text
2021 INSC 726 · [2021] 7 S.C.R. 291
E Dismissing the appeal, the Court HELD: Initially the appellants participated in the selection process for the post of English Stenographers in the year 1987. They never applied for the post of Hindi Stenographers in the year 1987. Since there were no vacancies of English F Stenographers in the District Court, Moradab…
Supreme Court of India13 Nov 2021Full text
2021 INSC 725 · [2021] 7 S.C.R. 1132
claim in its entirety, which was clearly impermissible – While considering a petition u/s. 34 the court does not act as an appellate forum – Thus, the order passed by the High Court set aside. Allowing the appeal, the Court F HELD: 1.1 While considering a petition under Section 34 of the Arbitration and Conciliation Ac…
Supreme Court of India13 Nov 2021Full text
2021 INSC 724 · [2021] 11 S.C.R. 120
37 – On facts, execution of contract wherein appellant was to supply pipes to the respondent-ONGC – During execution of contract, certain delays in meeting the obligations as required under the contract – Deduction of certain amount by respondent as liquidated damages from various bills submitted by the supplier – Disp…
Supreme Court of India12 Nov 2021Full text
2021 INSC 723 · [2021] 7 S.C.R. 565
to the second proviso in s.389 is misplaced – What the second proviso speaks about is that when a person is released on bail under s.389, it is open to the public prosecutor to seek cancellation of bail – Cancellation of bail apparently is intended to deal with cases of transgression of conditions based on the conduct …
Supreme Court of India12 Nov 2021Full text
2021 INSC 720 · [2021] 11 S.C.R. 91
Contracts cannot be continued without finalizing of the tender process and/or without issuing fresh tenders and/or without undertaking the fresh tender process and by way of an interim arrangement only and that too at the rates prevailing in the year 2017-18 – It is causing huge loss to the State and the Public Exchequ…
Supreme Court of India12 Nov 2021Full text
2021 INSC 719 · [2021] 7 S.C.R. 332
– As the deadly weapons were used and injuries were grievous in nature causing injury near chest and stomach which can be said to be vital part of the body, appellants were rightly convicted under s.307 r/w s.34 – Concurrent findings recorded by the courts below E holding the appellants guilty do not require any interf…
Supreme Court of India12 Nov 2021Full text
2021 INSC 718 · [2021] 11 S.C.R. 9
Draft charge-sheet placed before the High Court for offences punishable u/ss. 385, 389, 418, 477, 506(2), 120B and 34 IPC – Draft charge-sheet also arraigned respondents nos. 8 and 9 – High Court quashed the FIR except for the allegations against respondents nos. 4 and 5 u/s. 385 IPC – On appeal, held: High Court trans…
Supreme Court of India11 Nov 2021Full text
2021 INSC 716 · [2021] 9 S.C.R. 909
permissible for authority to delegate its power to one of its members u/s 31 – Furthermore, the condition of pre-deposit for appeal was sustainable – Thus, there is no error in the order passed by the High Court – Uttar Pradesh Real Estate (Regulation and Development) Rules, 2016. F Act of 2016 – Retrospective or retro…
Supreme Court of India11 Nov 2021Full text
2021 INSC 715 · [2021] 7 S.C.R. 300
and exceptional cases where the court might substitute its own view as to the quantum of punishment in place of punishment that too after assigning cogent reasons – Interference made by the High Court is in a cavalier manner while recording the finding of penalty to be disproportionate without taking into consideration…
Supreme Court of India11 Nov 2021Full text
2021 INSC 714 · [2021] 11 S.C.R. 75
76 SUPREME COURT REPORTS [2021] 11 S.C.R. A non-exercise of jurisdiction under Article 226 of the Constitution of India on the ground of availability of alternate remedy and declined the relief only on the ground that the view taken by the other Division Bench in the case of R. Ravikiran case and other matters, was pen…
Supreme Court of India10 Nov 2021Full text
2021 INSC 713 · [2021] 7 S.C.R. 351
and at times, loss of human lives – Total ban on legal mining, also causes huge loss to the public exchequer – Also, sand is required for construction of public infrastructural projects as well as public and private construction activities – In view thereof, directions issued by the tribunal are modified with the follo…
Supreme Court of India10 Nov 2021Full text
2021 INSC 712 · [2021] 11 S.C.R. 97
s of the Single Judge and the…
Supreme Court of India10 Nov 2021Full text
2021 INSC 711 · [2021] 9 S.C.R. 1123
ss. 25, 24(1)(a) and 30 – Compensation u/s. 24(1)(a) – Determination of – Explained. C s.24(1)(a) and 25 –Words “all the provisions relating to determination of compensation” in s. 24(1)(a) – Meaning of – Held: It would be read as including the period of limitation specified in s. 25 of the 2013 Act – Word ‘all’ and th…
Supreme Court of India10 Nov 2021Full text
2021 INSC 710 · [2021] 7 S.C.R. 319
[2021] 7 S.C.R. 319 319 BHUPESH RATHOD A v. DAYASHANKAR PRASAD CHAURASIA & ANR. (Criminal Appeal No. 1105 of 2021) NOVEMBER 10, 2021 B [SANJAY KISHAN KAUL AND M. M. SUNDRESH, JJ.] Negotiable Instruments Act, 1881: ss.138, 142 – Complaint filed u/s.138 by the Managing Director of the appellant-company – Board Resolution…
Supreme Court of India9 Feb 2021Full text
2021 INSC 71 · [2021] 3 S.C.R. 983
[2021] 3 S.C.R. 983 983 RAMESH KYMAL A v. M/S SIEMENS GAMESA RENEWABLE POWER PVT. LTD. (Civil Appeal No. 4050 of 2020) FEBRUARY 09, 2021 B [DR DHANANJAYA Y. CHANDRACHUD AND M. R. SHAH, JJ.] Insolvency and Bankruptcy Code, 2016 – Embargo in s.10A – Applicability of – Application u/s.9 filed before 05 June 2020, in respe…
Supreme Court of India8 Nov 2021Full text
2021 INSC 708 · [2021] 7 S.C.R. 347
H 347 348 SUPREME COURT REPORTS [2021] 7 S.C.R. A Priyanshu Upadhyay, Viraat Tripathi, Mrs. Suchita Dixit, Madhusudan Agnihotri, Ashwini Kumar, Rajeev Yadav, Anilendra Pandey, Advs. for the Petitioner. The following Order of the Court was passed O R D E R B M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the …
Supreme Court of India8 Nov 2021Full text
2021 INSC 707 · [2021] 11 S.C.R. 51
Sentence/Sentencing: Death sentence – Imposition of – F Commission of rape and murder of 5 year old – Conviction and sentence of the appellant for the offences u/ss. 302, 376, 364, 366A and 201 – Commutation of sentence of death imposed – Held: There is hope for reformation and rehabilitation – There are sufficient mit…
Supreme Court of India8 Nov 2021Full text
2021 INSC 706 · [2021] 7 S.C.R. 1138
the accused – On facts, prosecution miserably failed to bring home the guilt of the appellant – Courts below were influenced by irrelevant considerations, such as rise in the incidents of dacoity – Courts below shifted the burden on the appellant to explain how he was in possession of the incriminating articles, withou…
Also on Law on Tips: Bare Acts · Legal news and analysis
2021 INSC 727 · [2021] 7 S.C.R. 337
nd their seniority was fixed and only thereafter the cause of action has arisen to claim further promotion to the post of AO. Even while allowing the appeals…
Supreme Court of India13 Nov 2021Full text
2021 INSC 726 · [2021] 7 S.C.R. 291
E Dismissing the appeal, the Court HELD: Initially the appellants participated in the selection process for the post of English Stenographers in the year 1987. They never applied for the post of Hindi Stenographers in the year 1987. Since there were no vacancies of English F Stenographers in the District Court, Moradab…
Supreme Court of India13 Nov 2021Full text
2021 INSC 725 · [2021] 7 S.C.R. 1132
claim in its entirety, which was clearly impermissible – While considering a petition u/s. 34 the court does not act as an appellate forum – Thus, the order passed by the High Court set aside. Allowing the appeal, the Court F HELD: 1.1 While considering a petition under Section 34 of the Arbitration and Conciliation Ac…
Supreme Court of India13 Nov 2021Full text
2021 INSC 724 · [2021] 11 S.C.R. 120
37 – On facts, execution of contract wherein appellant was to supply pipes to the respondent-ONGC – During execution of contract, certain delays in meeting the obligations as required under the contract – Deduction of certain amount by respondent as liquidated damages from various bills submitted by the supplier – Disp…
Supreme Court of India12 Nov 2021Full text
2021 INSC 723 · [2021] 7 S.C.R. 565
to the second proviso in s.389 is misplaced – What the second proviso speaks about is that when a person is released on bail under s.389, it is open to the public prosecutor to seek cancellation of bail – Cancellation of bail apparently is intended to deal with cases of transgression of conditions based on the conduct …
Supreme Court of India12 Nov 2021Full text
2021 INSC 720 · [2021] 11 S.C.R. 91
Contracts cannot be continued without finalizing of the tender process and/or without issuing fresh tenders and/or without undertaking the fresh tender process and by way of an interim arrangement only and that too at the rates prevailing in the year 2017-18 – It is causing huge loss to the State and the Public Exchequ…
Supreme Court of India12 Nov 2021Full text
2021 INSC 719 · [2021] 7 S.C.R. 332
– As the deadly weapons were used and injuries were grievous in nature causing injury near chest and stomach which can be said to be vital part of the body, appellants were rightly convicted under s.307 r/w s.34 – Concurrent findings recorded by the courts below E holding the appellants guilty do not require any interf…
Supreme Court of India12 Nov 2021Full text
2021 INSC 718 · [2021] 11 S.C.R. 9
Draft charge-sheet placed before the High Court for offences punishable u/ss. 385, 389, 418, 477, 506(2), 120B and 34 IPC – Draft charge-sheet also arraigned respondents nos. 8 and 9 – High Court quashed the FIR except for the allegations against respondents nos. 4 and 5 u/s. 385 IPC – On appeal, held: High Court trans…
Supreme Court of India11 Nov 2021Full text
2021 INSC 716 · [2021] 9 S.C.R. 909
permissible for authority to delegate its power to one of its members u/s 31 – Furthermore, the condition of pre-deposit for appeal was sustainable – Thus, there is no error in the order passed by the High Court – Uttar Pradesh Real Estate (Regulation and Development) Rules, 2016. F Act of 2016 – Retrospective or retro…
Supreme Court of India11 Nov 2021Full text
2021 INSC 715 · [2021] 7 S.C.R. 300
and exceptional cases where the court might substitute its own view as to the quantum of punishment in place of punishment that too after assigning cogent reasons – Interference made by the High Court is in a cavalier manner while recording the finding of penalty to be disproportionate without taking into consideration…
Supreme Court of India11 Nov 2021Full text
2021 INSC 714 · [2021] 11 S.C.R. 75
76 SUPREME COURT REPORTS [2021] 11 S.C.R. A non-exercise of jurisdiction under Article 226 of the Constitution of India on the ground of availability of alternate remedy and declined the relief only on the ground that the view taken by the other Division Bench in the case of R. Ravikiran case and other matters, was pen…
Supreme Court of India10 Nov 2021Full text
2021 INSC 713 · [2021] 7 S.C.R. 351
and at times, loss of human lives – Total ban on legal mining, also causes huge loss to the public exchequer – Also, sand is required for construction of public infrastructural projects as well as public and private construction activities – In view thereof, directions issued by the tribunal are modified with the follo…
Supreme Court of India10 Nov 2021Full text
2021 INSC 712 · [2021] 11 S.C.R. 97
s of the Single Judge and the…
Supreme Court of India10 Nov 2021Full text
2021 INSC 711 · [2021] 9 S.C.R. 1123
ss. 25, 24(1)(a) and 30 – Compensation u/s. 24(1)(a) – Determination of – Explained. C s.24(1)(a) and 25 –Words “all the provisions relating to determination of compensation” in s. 24(1)(a) – Meaning of – Held: It would be read as including the period of limitation specified in s. 25 of the 2013 Act – Word ‘all’ and th…
Supreme Court of India10 Nov 2021Full text
2021 INSC 710 · [2021] 7 S.C.R. 319
[2021] 7 S.C.R. 319 319 BHUPESH RATHOD A v. DAYASHANKAR PRASAD CHAURASIA & ANR. (Criminal Appeal No. 1105 of 2021) NOVEMBER 10, 2021 B [SANJAY KISHAN KAUL AND M. M. SUNDRESH, JJ.] Negotiable Instruments Act, 1881: ss.138, 142 – Complaint filed u/s.138 by the Managing Director of the appellant-company – Board Resolution…
Supreme Court of India9 Feb 2021Full text
2021 INSC 71 · [2021] 3 S.C.R. 983
[2021] 3 S.C.R. 983 983 RAMESH KYMAL A v. M/S SIEMENS GAMESA RENEWABLE POWER PVT. LTD. (Civil Appeal No. 4050 of 2020) FEBRUARY 09, 2021 B [DR DHANANJAYA Y. CHANDRACHUD AND M. R. SHAH, JJ.] Insolvency and Bankruptcy Code, 2016 – Embargo in s.10A – Applicability of – Application u/s.9 filed before 05 June 2020, in respe…
Supreme Court of India8 Nov 2021Full text
2021 INSC 708 · [2021] 7 S.C.R. 347
H 347 348 SUPREME COURT REPORTS [2021] 7 S.C.R. A Priyanshu Upadhyay, Viraat Tripathi, Mrs. Suchita Dixit, Madhusudan Agnihotri, Ashwini Kumar, Rajeev Yadav, Anilendra Pandey, Advs. for the Petitioner. The following Order of the Court was passed O R D E R B M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the …
Supreme Court of India8 Nov 2021Full text
2021 INSC 707 · [2021] 11 S.C.R. 51
Sentence/Sentencing: Death sentence – Imposition of – F Commission of rape and murder of 5 year old – Conviction and sentence of the appellant for the offences u/ss. 302, 376, 364, 366A and 201 – Commutation of sentence of death imposed – Held: There is hope for reformation and rehabilitation – There are sufficient mit…
Supreme Court of India8 Nov 2021Full text
2021 INSC 706 · [2021] 7 S.C.R. 1138
the accused – On facts, prosecution miserably failed to bring home the guilt of the appellant – Courts below were influenced by irrelevant considerations, such as rise in the incidents of dacoity – Courts below shifted the burden on the appellant to explain how he was in possession of the incriminating articles, withou…
Also on Law on Tips: Bare Acts · Legal news and analysis