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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.
4,001–4,020 · Page 201 of 500
Supreme Court of India8 Nov 2021Full text
2021 INSC 705 · [2021] 11 S.C.R. 142
Disposing of the appeal, the Court D HELD: 1.1 The law on interference in matters of Awards under the Arbitration and Conciliation Act, 1996 has been circumscribed with the object of minimising interference by courts in arbitration matters. One of the grounds on which an Award may be set aside is “patent illegality”. […
Supreme Court of India29 Oct 2021Full text
2021 INSC 704 · [2021] 10 S.C.R. 180
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.
4,001–4,020 · Page 201 of 500
Supreme Court of India8 Nov 2021Full text
2021 INSC 705 · [2021] 11 S.C.R. 142
Disposing of the appeal, the Court D HELD: 1.1 The law on interference in matters of Awards under the Arbitration and Conciliation Act, 1996 has been circumscribed with the object of minimising interference by courts in arbitration matters. One of the grounds on which an Award may be set aside is “patent illegality”. […
Supreme Court of India29 Oct 2021Full text
2021 INSC 704 · [2021] 10 S.C.R. 180
NCDRC setting aside the order passed by the State Commission and reviving the order passed by the District Forum was highly erroneous and is set aside.The claim of the respondent towards Accident benefit stands rejected. [Para 9-11][186-H; 187-A-F] Vikram Greentech (I) Ltd. & Anr vs New India Assurance G Co. Ltd (2009)…
Supreme Court of India29 Oct 2021Full text
2021 INSC 703 · [2021] 10 S.C.R. 864
with respect to offences and the relevant provisions with respect to authorisation – Considering the above authorisation, it cannot be said that such authorisation authorising inspector to investigate the FIR can be said to be vitiated and/or can be said to be void which warrants quashing of the entire criminal proceed…
Supreme Court of India29 Oct 2021Full text
2021 INSC 702 · [2021] 11 S.C.R. 468
than five days and, in exceptional circumstances, for reasons to be recorded in writing not later than ten days from the date of detention – s.8(1) also embodies the second requirement of Art.22(5) of affording to the detenu the earliest opportunity of making a representation against the order to the appropriate govern…
Supreme Court of India29 Oct 2021Full text
2021 INSC 701 · [2021] 8 S.C.R. 855
Allowing the appeal, the Court Held: 1. The SC/ST Act has been enacted by the Parliament to effectuate a salutary public purpose of achieving the fulfillment E of constitutional rights of the Scheduled Castes and Scheduled Tribes. Section 15A, which comes under Chapter IV-A of the SC/ ST Act titled ‘Rights of victims a…
Supreme Court of India29 Oct 2021Full text
2021 INSC 700 · [2021] 10 S.C.R. 582
offence against the second respondent – High Court tested the veracity of the allegations in the criminal complaint and in the suicide note left behind by the deceased without having the benefit of an evidentiary record which would be collected during the trial – At the stage when the High Court considers a petition fo…
Supreme Court of India5 Jan 2021Full text
2021 INSC 7 · [2021] 1 S.C.R. 51
as the finding of guilt recorded by the disciplinary authority in reference to charge No. 1 was concerned, that could not be held to be justified in holding him guilty – But charge no.1 is severable from the other charges (charge nos. 2-7) levelled against the respondent which were found proved by the enquiry officer –…
Supreme Court of India29 Oct 2021Full text
2021 INSC 699 · [2021] 11 S.C.R. 511
an exception, states that a person who is liable under sub-section (1) shall not be punished if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence – The onus to satisfy the requirements to take benefit of the proviso is on …
Supreme Court of India29 Oct 2021Full text
2021 INSC 698 · [2021] 10 S.C.R. 514
Supreme Court of India29 Oct 2021Full text
2021 INSC 697 · [2021] 10 S.C.R. 91
– Appellate court considering evidence of only one case and convicting the accused – Propriety of – Held: Evidence recorded in a criminal trial against any accused is confined to the culpability of that accused only and it does not have any bearing upon a co-accused, who has been tried on the basis of evidence recorded…
Supreme Court of India29 Oct 2021Full text
2021 INSC 693 · [2021] 11 S.C.R. 541
542 SUPREME COURT REPORTS [2021] 11 S.C.R. A Constitution of India: Art. 136 – Discretionary Jurisdiction – Exercise of – Held: Where two plausible views on the conclusions that can be drawn from facts on the record exist – View taken by the High Court being a plausible one, interference with the findings of the High C…
Supreme Court of India29 Oct 2021Full text
2021 INSC 692 · [2021] 10 S.C.R. 416
HELD: 1.1 On a consideration of the material on record, the following inferences would arise: (a) The appointment of the appellant was not contractual in nature and he was being paid annual increments also. But, since he protested regarding the deduction of Rs.5,000 from his salary every month, the increments were stop…
Supreme Court of India29 Oct 2021Full text
2021 INSC 691 · [2021] 10 S.C.R. 188
Allowing the appeal, the Court E HELD: 1.1 The impugned order granting bail is unsustainable. The High Court failed to notice relevant circumstances bearing on the seriousness and gravity of the crime and the role attributed to the second respondent. The High Court has proceeded on the erroneous basis that no specific …
Supreme Court of India28 Oct 2021Full text
2021 INSC 690 · [2021] 8 S.C.R. 849
SANJAY KISHAN KAUL, J. 1. One more chance after the last chance. That appears to be what is sought to be urged on behalf of the petitioner, Mr. Yatin Narendra Oza - counsel with many years standing, President of the Bar Association H YATIN NARENDRA OZA v. HIGH COURT OF GUJARAT 851 [SANJAY KISHAN KAUL, J.] of the High C…
Supreme Court of India28 Oct 2021Full text
2021 INSC 689 · [2021] 5 S.C.R. 1142
1142 SUPREME COURT[2021]REPORTS5 S.C.R. 1142 [2021] 5 S.C.R. A RAJNEESH KUMAR PANDEY & ORS. v. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 132 of 2016) B OCTOBER 28, 2021 [A. M. KHANWILKAR, DINESH MAHESHWARI AND C. T. RAVIKUMAR, JJ.] Rights of Children to Free and Compulsory Education Act, 2009: ss. 2(ee), 2(n), 3…
Supreme Court of India28 Oct 2021Full text
2021 INSC 688 · [2021] 8 S.C.R. 797
Unlawful Activities (Prevention) Act, 1967: s.43D – For E deciding the issue of prima facie case contemplated by sub-section (5) of s.43D, the case against the both accused only under ss.38 and 39 is required to be considered – In view of the absence of sanction and the fact that NIA did not even seek sanction for the …
Supreme Court of India28 Oct 2021Full text
2021 INSC 687 · [2021] 10 S.C.R. 116
cheat and the mens rea in that regard cannot be gathered from the point the amount was received – In the facts and circumstances of the instant case, there was no sufficient evidence to indicate that the offence under s.420 IPC was made out – However, on dishonour of cheques, the consequences contemplated under the Neg…
Supreme Court of India28 Oct 2021Full text
2021 INSC 685 · [2021] 13 S.C.R. 1
Waqf Act, 1995 – ss.85, 86, 89 and 90 – Bar of jurisdiction u/s.85 – Held: The 1995 Act makes a specific reference to court/ H 1 2 SUPREME COURT REPORTS [2021] 13 S.C.R. A civil Court also in certain places – ss.86, 90 and 93 make specific reference to “Court” – s.68(6) goes a step further by making a reference to ‘civ…
Supreme Court of India28 Oct 2021Full text
2021 INSC 684 · [2021] 10 S.C.R. 825
[2021] 10 S.C.R. 825 825 UNION OF INDIA A v. BHARTI AIRTEL LTD. & ORS. (Civil Appeal No. 6520 of 2021) B OCTOBER 28, 2021 [A.M. KHANWILKAR AND DINESH MAHESHWARI, JJ.] Central Goods and Services Tax Act, 2017 – ss. 16, 39, 49, 59 and 168 – Central Goods and Services Tax Rules, 2017 – Circular dated 29.12.2017 issued by …
Supreme Court of India27 Oct 2021Full text
2021 INSC 682 · [2021] 6 S.C.R. 1066
Case Law Reference [2017] 10 SCR 569 referred to para 32 [1985] 2 SCR 287 referred to para 38 E (2020) 3 SCC 637 referred to para 39 (2005) 13 SCC 702 referred to para 42 [2011] 8 SCR 725 referred to para 46 [2013] 1 SCR 140 referred to para 55 F CRIMINAL/CIVIL APPELLATE JURISDICTION: Writ Petition (Crl.) No.314 of 202…
Also on Law on Tips: Bare Acts · Legal news and analysis
NCDRC setting aside the order passed by the State Commission and reviving the order passed by the District Forum was highly erroneous and is set aside.The claim of the respondent towards Accident benefit stands rejected. [Para 9-11][186-H; 187-A-F] Vikram Greentech (I) Ltd. & Anr vs New India Assurance G Co. Ltd (2009)…
Supreme Court of India29 Oct 2021Full text
2021 INSC 703 · [2021] 10 S.C.R. 864
with respect to offences and the relevant provisions with respect to authorisation – Considering the above authorisation, it cannot be said that such authorisation authorising inspector to investigate the FIR can be said to be vitiated and/or can be said to be void which warrants quashing of the entire criminal proceed…
Supreme Court of India29 Oct 2021Full text
2021 INSC 702 · [2021] 11 S.C.R. 468
than five days and, in exceptional circumstances, for reasons to be recorded in writing not later than ten days from the date of detention – s.8(1) also embodies the second requirement of Art.22(5) of affording to the detenu the earliest opportunity of making a representation against the order to the appropriate govern…
Supreme Court of India29 Oct 2021Full text
2021 INSC 701 · [2021] 8 S.C.R. 855
Allowing the appeal, the Court Held: 1. The SC/ST Act has been enacted by the Parliament to effectuate a salutary public purpose of achieving the fulfillment E of constitutional rights of the Scheduled Castes and Scheduled Tribes. Section 15A, which comes under Chapter IV-A of the SC/ ST Act titled ‘Rights of victims a…
Supreme Court of India29 Oct 2021Full text
2021 INSC 700 · [2021] 10 S.C.R. 582
offence against the second respondent – High Court tested the veracity of the allegations in the criminal complaint and in the suicide note left behind by the deceased without having the benefit of an evidentiary record which would be collected during the trial – At the stage when the High Court considers a petition fo…
Supreme Court of India5 Jan 2021Full text
2021 INSC 7 · [2021] 1 S.C.R. 51
as the finding of guilt recorded by the disciplinary authority in reference to charge No. 1 was concerned, that could not be held to be justified in holding him guilty – But charge no.1 is severable from the other charges (charge nos. 2-7) levelled against the respondent which were found proved by the enquiry officer –…
Supreme Court of India29 Oct 2021Full text
2021 INSC 699 · [2021] 11 S.C.R. 511
an exception, states that a person who is liable under sub-section (1) shall not be punished if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence – The onus to satisfy the requirements to take benefit of the proviso is on …
Supreme Court of India29 Oct 2021Full text
2021 INSC 698 · [2021] 10 S.C.R. 514
Supreme Court of India29 Oct 2021Full text
2021 INSC 697 · [2021] 10 S.C.R. 91
– Appellate court considering evidence of only one case and convicting the accused – Propriety of – Held: Evidence recorded in a criminal trial against any accused is confined to the culpability of that accused only and it does not have any bearing upon a co-accused, who has been tried on the basis of evidence recorded…
Supreme Court of India29 Oct 2021Full text
2021 INSC 693 · [2021] 11 S.C.R. 541
542 SUPREME COURT REPORTS [2021] 11 S.C.R. A Constitution of India: Art. 136 – Discretionary Jurisdiction – Exercise of – Held: Where two plausible views on the conclusions that can be drawn from facts on the record exist – View taken by the High Court being a plausible one, interference with the findings of the High C…
Supreme Court of India29 Oct 2021Full text
2021 INSC 692 · [2021] 10 S.C.R. 416
HELD: 1.1 On a consideration of the material on record, the following inferences would arise: (a) The appointment of the appellant was not contractual in nature and he was being paid annual increments also. But, since he protested regarding the deduction of Rs.5,000 from his salary every month, the increments were stop…
Supreme Court of India29 Oct 2021Full text
2021 INSC 691 · [2021] 10 S.C.R. 188
Allowing the appeal, the Court E HELD: 1.1 The impugned order granting bail is unsustainable. The High Court failed to notice relevant circumstances bearing on the seriousness and gravity of the crime and the role attributed to the second respondent. The High Court has proceeded on the erroneous basis that no specific …
Supreme Court of India28 Oct 2021Full text
2021 INSC 690 · [2021] 8 S.C.R. 849
SANJAY KISHAN KAUL, J. 1. One more chance after the last chance. That appears to be what is sought to be urged on behalf of the petitioner, Mr. Yatin Narendra Oza - counsel with many years standing, President of the Bar Association H YATIN NARENDRA OZA v. HIGH COURT OF GUJARAT 851 [SANJAY KISHAN KAUL, J.] of the High C…
Supreme Court of India28 Oct 2021Full text
2021 INSC 689 · [2021] 5 S.C.R. 1142
1142 SUPREME COURT[2021]REPORTS5 S.C.R. 1142 [2021] 5 S.C.R. A RAJNEESH KUMAR PANDEY & ORS. v. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 132 of 2016) B OCTOBER 28, 2021 [A. M. KHANWILKAR, DINESH MAHESHWARI AND C. T. RAVIKUMAR, JJ.] Rights of Children to Free and Compulsory Education Act, 2009: ss. 2(ee), 2(n), 3…
Supreme Court of India28 Oct 2021Full text
2021 INSC 688 · [2021] 8 S.C.R. 797
Unlawful Activities (Prevention) Act, 1967: s.43D – For E deciding the issue of prima facie case contemplated by sub-section (5) of s.43D, the case against the both accused only under ss.38 and 39 is required to be considered – In view of the absence of sanction and the fact that NIA did not even seek sanction for the …
Supreme Court of India28 Oct 2021Full text
2021 INSC 687 · [2021] 10 S.C.R. 116
cheat and the mens rea in that regard cannot be gathered from the point the amount was received – In the facts and circumstances of the instant case, there was no sufficient evidence to indicate that the offence under s.420 IPC was made out – However, on dishonour of cheques, the consequences contemplated under the Neg…
Supreme Court of India28 Oct 2021Full text
2021 INSC 685 · [2021] 13 S.C.R. 1
Waqf Act, 1995 – ss.85, 86, 89 and 90 – Bar of jurisdiction u/s.85 – Held: The 1995 Act makes a specific reference to court/ H 1 2 SUPREME COURT REPORTS [2021] 13 S.C.R. A civil Court also in certain places – ss.86, 90 and 93 make specific reference to “Court” – s.68(6) goes a step further by making a reference to ‘civ…
Supreme Court of India28 Oct 2021Full text
2021 INSC 684 · [2021] 10 S.C.R. 825
[2021] 10 S.C.R. 825 825 UNION OF INDIA A v. BHARTI AIRTEL LTD. & ORS. (Civil Appeal No. 6520 of 2021) B OCTOBER 28, 2021 [A.M. KHANWILKAR AND DINESH MAHESHWARI, JJ.] Central Goods and Services Tax Act, 2017 – ss. 16, 39, 49, 59 and 168 – Central Goods and Services Tax Rules, 2017 – Circular dated 29.12.2017 issued by …
Supreme Court of India27 Oct 2021Full text
2021 INSC 682 · [2021] 6 S.C.R. 1066
Case Law Reference [2017] 10 SCR 569 referred to para 32 [1985] 2 SCR 287 referred to para 38 E (2020) 3 SCC 637 referred to para 39 (2005) 13 SCC 702 referred to para 42 [2011] 8 SCR 725 referred to para 46 [2013] 1 SCR 140 referred to para 55 F CRIMINAL/CIVIL APPELLATE JURISDICTION: Writ Petition (Crl.) No.314 of 202…
Also on Law on Tips: Bare Acts · Legal news and analysis