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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.
4,061–4,080 · Page 204 of 500
Supreme Court of India8 Oct 2021Full text
2021 INSC 638 · [2021] 6 S.C.R. 1131
1131 1132 SUPREME COURT REPORTS [2021] 6 S.C.R. A provisions of the ID Act. The decree favouring the plaintiff is a legal nullity and the finding of the High Court to this extent is upheld. However, considering the hardship to the terminated employee, the arrear sum paid to him pursuant to the court’s decree, sould not…
Supreme Court of India8 Oct 2021Full text
2021 INSC 637 · [2021] 11 S.C.R. 432
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.
4,061–4,080 · Page 204 of 500
Supreme Court of India8 Oct 2021Full text
2021 INSC 638 · [2021] 6 S.C.R. 1131
1131 1132 SUPREME COURT REPORTS [2021] 6 S.C.R. A provisions of the ID Act. The decree favouring the plaintiff is a legal nullity and the finding of the High Court to this extent is upheld. However, considering the hardship to the terminated employee, the arrear sum paid to him pursuant to the court’s decree, sould not…
Supreme Court of India8 Oct 2021Full text
2021 INSC 637 · [2021] 11 S.C.R. 432
G Negotiable Instruments Act, 1881: s.138 – Ingredients of – Discussed. s.138 – Purpose of – Held: Primary purpose of s.138 is to ensure compensation to the complainant – The Act also allows for parties to enter into a compromise, both during the pendency of the H complaint and even after the conviction of the accused.…
Supreme Court of India7 Oct 2021Full text
2021 INSC 635 · [2021] 8 S.C.R. 728
Allowing the appeal, the Court E HELD: 1.1 As per sub-section (5) of Section 19, Legal Services Authority Act, 1987 a Lok Adalat shall havejurisdiction to determine and to arrive at a compromise or a settlement between the parties to a dispute in respect of (i) any case pending before; or (ii) any matter which is falli…
Supreme Court of India7 Oct 2021Full text
2021 INSC 634 · [2021] 6 S.C.R. 1158
Constitution of India – Art.226 – Judicial Review – Regularization – Held: Regularization policy to regularize the services of the employees working on temporary status and/or casual labourers is a policy decision – Court cannot issue mandamus and/ G or issue mandatory directions in judicial review to do so. Service La…
Supreme Court of India7 Oct 2021Full text
2021 INSC 633 · [2021] 6 S.C.R. 1056
1056 UNION OF INDIA v. OMKAR NATH DHAR (D) THROUGH L.Rs. 1057 With A Miscellaneous Application No.1556 of 2021 In Civil Appeal No.6619 of 2014 and Miscellaneous Application No.1573 of 2021 In Civil Appeal No. 6619 of 2014 B Ms. Madhvi Divan, ASG, Bimal Roy Jad, Sr. Adv., Ms. Riddhi Jad, Ms. Shikha Dixit, Dr. Brij Bhush…
Supreme Court of India7 Oct 2021Full text
2021 INSC 632 · [2021] 10 S.C.R. 742
SMRITI MADAN KANSAGRA v. PERRY KANSAGRA 743 mirror order in compliance of the directions issued by this Court, A that the custody of the child was directed to be handed over to him – Further, order dtd.08.12.20, made it clear that the undertaking given to the High Court would continue to be operative, in addition to th…
Supreme Court of India7 Oct 2021Full text
2021 INSC 631 · [2021] 8 S.C.R. 641
– Allowed – Held: Writ petition was barred by delay and laches – Single Judge erred in entertaining the same – Further, despite the pending appeal and the respondent’s specific prayer in writ petition to direct the authority to decide the same, the Single Judge entered D into the merits of the case and quashed the orde…
Supreme Court of India7 Oct 2021Full text
2021 INSC 630 · [2021] 8 S.C.R. 758
– When not barred by period of limitation provided u/s.263(2) – Held: Once it is established that the order u/s.263 was made/passed C within the period of two years from the end of the financial year in which the order sought to be revised was passed, such an order is not beyond the period of limitation prescribed u/s.…
Supreme Court of India5 Feb 2021Full text
2021 INSC 63 · [2021] 1 S.C.R. 478
478 GAJANAN BABULAL BANSODE & ORS. v. STATE OF 479 MAHARASHTRA & ORS. issued a direction to the State to send the additional list of 636 A candidates for training of 9 months during the pendency of proceedings before the Tribunal – Such a direction ought not to have been passed in writ petition – Direction now passed b…
Supreme Court of India7 Oct 2021Full text
2021 INSC 629 · [2021] 8 S.C.R. 618
618 NITABEN DINESH PATEL v. DINESH DAHYABHAI PATEL 619 against the claim of the plaintiff, any right or claim in respect of a A cause of action accruing to the defendant against the plaintiff either before or after the filing of the suit but before the defendant has delivered his defence or before the time limited for …
Supreme Court of India7 Oct 2021Full text
2021 INSC 628 · [2021] 10 S.C.R. 253
– Fresh recruitment, private respondent was selected as the new D Director-General – Writ petitions filed by respondent inter alia questioning his relieving order and challenging the recruitment of the private respondent – Dismissed by Single Judge on ground of delay and laches – Appeals, allowed by Division Bench – He…
Supreme Court of India7 Oct 2021Full text
2021 INSC 626 · [2021] 11 S.C.R. 377
Code of Civil Procedure, 1908 – s.96 – Appellate Court, power under – Scope and ambit of – Discussed. Evidence Act, 1872: ss.3, 8 – Held: When a party makes a claim based on revocation of earlier Will, as indicated in the subsequent Will, the H 377 378 SUPREME COURT REPORTS [2021] 11 S.C.R. A acknowledgment of the form…
Supreme Court of India7 Oct 2021Full text
2021 INSC 624 · [2021] 10 S.C.R. 1
National Green Tribunal Act, 2010: Power of National Green Tribunal – In case of environmental events causing damage – The 1 2 SUPREME COURT REPORTS [2021] 10 S.C.R. A NGT is empowered to carry out restitutive exercise for compensating persons adversely affected by environmental events – The larger discourse which info…
Supreme Court of India6 Oct 2021Full text
2021 INSC 623 · [2021] 8 S.C.R. 657
Words & Expressions – ‘honourable acquittal’– Meaning of E – Discussed. Allowing the appeal, the Court HELD: 1.1 The expressions ‘honourable acquittal’, ‘acquitted of blame’ and ‘fully acquitted’ are unknown to the Code of Criminal Procedure or the Indian Penal Code. It has been F developed by judicial pronouncements. …
Supreme Court of India6 Oct 2021Full text
2021 INSC 622 · [2021] 8 S.C.R. 695
dismissed. Allowing the appeal, the Court HELD: 1.1. The onus of proof of deficiency in service is on the complainant in the complaints under the Consumer Protection Act, 1986. It is the complainant who had approached the G Commission, therefore, without any proof of deficiency, the opposite party cannot be held respon…
Supreme Court of India6 Oct 2021Full text
2021 INSC 621 · [2021] 8 S.C.R. 671
Criminal Law – Mens rea – Held: Generally, there is a presumption that mens rea is an essential ingredient in every offence F – That presumption can be displaced either by the phraseology of the law creating the offence or by the subject matter with which it deals; both must be considered – Kerala Forest Act – Income T…
Supreme Court of India5 Oct 2021Full text
2021 INSC 620 · [2021] 13 S.C.R. 923
and order passed by the Reference Court, at the instance of the BDA, four appeals are pending before the High Court – Feeling aggrieved and dissatisfied with the judgment and award passed by the Reference Court, the appellant Shrachi Burdwan filed a Writ Petition before the High Court challenging the judgment and award…
Supreme Court of India5 Feb 2021Full text
2021 INSC 62 · [2021] 1 S.C.R. 511
The Order of the Court was passed by M.R. SHAH, J. E 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 10.11.2020 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No. 17869 of 2020, by which the High Court has dismissed the said writ petition preferred b…
Supreme Court of India5 Oct 2021Full text
2021 INSC 619 · [2021] 8 S.C.R. 597
by the Single Judge dismissing the writ petition restored – Service Law. Service Law – Compassionate appointment – Object and purpose of – Discussed. H 597 598 SUPREME COURT REPORTS [2021] 8 S.C.R. A Service Law – Compassionate appointment – Held: Compassionate appointment is an exception to the general rule of appoint…
Supreme Court of India5 Oct 2021Full text
2021 INSC 618 · [2021] 10 S.C.R. 393
[2021] 10 S.C.R. 393 393 GEO VARGHESE A v. THE STATE OF RAJASTHAN & ANR. (Criminal Appeal No. 1164 of 2021) OCTOBER 05, 2021 B [S. ABDUL NAZEER AND KRISHNA MURARI, JJ.] Code of Criminal Procedure, 1973: s.482 – Allegation against appellant was that the son of the complainant committed suicide due to mental harassment m…
Also on Law on Tips: Bare Acts · Legal news and analysis
G Negotiable Instruments Act, 1881: s.138 – Ingredients of – Discussed. s.138 – Purpose of – Held: Primary purpose of s.138 is to ensure compensation to the complainant – The Act also allows for parties to enter into a compromise, both during the pendency of the H complaint and even after the conviction of the accused.…
Supreme Court of India7 Oct 2021Full text
2021 INSC 635 · [2021] 8 S.C.R. 728
Allowing the appeal, the Court E HELD: 1.1 As per sub-section (5) of Section 19, Legal Services Authority Act, 1987 a Lok Adalat shall havejurisdiction to determine and to arrive at a compromise or a settlement between the parties to a dispute in respect of (i) any case pending before; or (ii) any matter which is falli…
Supreme Court of India7 Oct 2021Full text
2021 INSC 634 · [2021] 6 S.C.R. 1158
Constitution of India – Art.226 – Judicial Review – Regularization – Held: Regularization policy to regularize the services of the employees working on temporary status and/or casual labourers is a policy decision – Court cannot issue mandamus and/ G or issue mandatory directions in judicial review to do so. Service La…
Supreme Court of India7 Oct 2021Full text
2021 INSC 633 · [2021] 6 S.C.R. 1056
1056 UNION OF INDIA v. OMKAR NATH DHAR (D) THROUGH L.Rs. 1057 With A Miscellaneous Application No.1556 of 2021 In Civil Appeal No.6619 of 2014 and Miscellaneous Application No.1573 of 2021 In Civil Appeal No. 6619 of 2014 B Ms. Madhvi Divan, ASG, Bimal Roy Jad, Sr. Adv., Ms. Riddhi Jad, Ms. Shikha Dixit, Dr. Brij Bhush…
Supreme Court of India7 Oct 2021Full text
2021 INSC 632 · [2021] 10 S.C.R. 742
SMRITI MADAN KANSAGRA v. PERRY KANSAGRA 743 mirror order in compliance of the directions issued by this Court, A that the custody of the child was directed to be handed over to him – Further, order dtd.08.12.20, made it clear that the undertaking given to the High Court would continue to be operative, in addition to th…
Supreme Court of India7 Oct 2021Full text
2021 INSC 631 · [2021] 8 S.C.R. 641
– Allowed – Held: Writ petition was barred by delay and laches – Single Judge erred in entertaining the same – Further, despite the pending appeal and the respondent’s specific prayer in writ petition to direct the authority to decide the same, the Single Judge entered D into the merits of the case and quashed the orde…
Supreme Court of India7 Oct 2021Full text
2021 INSC 630 · [2021] 8 S.C.R. 758
– When not barred by period of limitation provided u/s.263(2) – Held: Once it is established that the order u/s.263 was made/passed C within the period of two years from the end of the financial year in which the order sought to be revised was passed, such an order is not beyond the period of limitation prescribed u/s.…
Supreme Court of India5 Feb 2021Full text
2021 INSC 63 · [2021] 1 S.C.R. 478
478 GAJANAN BABULAL BANSODE & ORS. v. STATE OF 479 MAHARASHTRA & ORS. issued a direction to the State to send the additional list of 636 A candidates for training of 9 months during the pendency of proceedings before the Tribunal – Such a direction ought not to have been passed in writ petition – Direction now passed b…
Supreme Court of India7 Oct 2021Full text
2021 INSC 629 · [2021] 8 S.C.R. 618
618 NITABEN DINESH PATEL v. DINESH DAHYABHAI PATEL 619 against the claim of the plaintiff, any right or claim in respect of a A cause of action accruing to the defendant against the plaintiff either before or after the filing of the suit but before the defendant has delivered his defence or before the time limited for …
Supreme Court of India7 Oct 2021Full text
2021 INSC 628 · [2021] 10 S.C.R. 253
– Fresh recruitment, private respondent was selected as the new D Director-General – Writ petitions filed by respondent inter alia questioning his relieving order and challenging the recruitment of the private respondent – Dismissed by Single Judge on ground of delay and laches – Appeals, allowed by Division Bench – He…
Supreme Court of India7 Oct 2021Full text
2021 INSC 626 · [2021] 11 S.C.R. 377
Code of Civil Procedure, 1908 – s.96 – Appellate Court, power under – Scope and ambit of – Discussed. Evidence Act, 1872: ss.3, 8 – Held: When a party makes a claim based on revocation of earlier Will, as indicated in the subsequent Will, the H 377 378 SUPREME COURT REPORTS [2021] 11 S.C.R. A acknowledgment of the form…
Supreme Court of India7 Oct 2021Full text
2021 INSC 624 · [2021] 10 S.C.R. 1
National Green Tribunal Act, 2010: Power of National Green Tribunal – In case of environmental events causing damage – The 1 2 SUPREME COURT REPORTS [2021] 10 S.C.R. A NGT is empowered to carry out restitutive exercise for compensating persons adversely affected by environmental events – The larger discourse which info…
Supreme Court of India6 Oct 2021Full text
2021 INSC 623 · [2021] 8 S.C.R. 657
Words & Expressions – ‘honourable acquittal’– Meaning of E – Discussed. Allowing the appeal, the Court HELD: 1.1 The expressions ‘honourable acquittal’, ‘acquitted of blame’ and ‘fully acquitted’ are unknown to the Code of Criminal Procedure or the Indian Penal Code. It has been F developed by judicial pronouncements. …
Supreme Court of India6 Oct 2021Full text
2021 INSC 622 · [2021] 8 S.C.R. 695
dismissed. Allowing the appeal, the Court HELD: 1.1. The onus of proof of deficiency in service is on the complainant in the complaints under the Consumer Protection Act, 1986. It is the complainant who had approached the G Commission, therefore, without any proof of deficiency, the opposite party cannot be held respon…
Supreme Court of India6 Oct 2021Full text
2021 INSC 621 · [2021] 8 S.C.R. 671
Criminal Law – Mens rea – Held: Generally, there is a presumption that mens rea is an essential ingredient in every offence F – That presumption can be displaced either by the phraseology of the law creating the offence or by the subject matter with which it deals; both must be considered – Kerala Forest Act – Income T…
Supreme Court of India5 Oct 2021Full text
2021 INSC 620 · [2021] 13 S.C.R. 923
and order passed by the Reference Court, at the instance of the BDA, four appeals are pending before the High Court – Feeling aggrieved and dissatisfied with the judgment and award passed by the Reference Court, the appellant Shrachi Burdwan filed a Writ Petition before the High Court challenging the judgment and award…
Supreme Court of India5 Feb 2021Full text
2021 INSC 62 · [2021] 1 S.C.R. 511
The Order of the Court was passed by M.R. SHAH, J. E 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 10.11.2020 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No. 17869 of 2020, by which the High Court has dismissed the said writ petition preferred b…
Supreme Court of India5 Oct 2021Full text
2021 INSC 619 · [2021] 8 S.C.R. 597
by the Single Judge dismissing the writ petition restored – Service Law. Service Law – Compassionate appointment – Object and purpose of – Discussed. H 597 598 SUPREME COURT REPORTS [2021] 8 S.C.R. A Service Law – Compassionate appointment – Held: Compassionate appointment is an exception to the general rule of appoint…
Supreme Court of India5 Oct 2021Full text
2021 INSC 618 · [2021] 10 S.C.R. 393
[2021] 10 S.C.R. 393 393 GEO VARGHESE A v. THE STATE OF RAJASTHAN & ANR. (Criminal Appeal No. 1164 of 2021) OCTOBER 05, 2021 B [S. ABDUL NAZEER AND KRISHNA MURARI, JJ.] Code of Criminal Procedure, 1973: s.482 – Allegation against appellant was that the son of the complainant committed suicide due to mental harassment m…
Also on Law on Tips: Bare Acts · Legal news and analysis