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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.
4,121–4,140 · Page 207 of 500
Supreme Court of India28 Sep 2021Full text
2021 INSC 560 · [2021] 9 S.C.R. 47
within reasonable time – Six years later, he made a representation and same was rejected with the observation that on 1.8.1985, he was yet to enter service – Respondent slept over his rights, and never earlier pointedly addressed his present claim either before the court (in the earlier round) or to the State, soon aft…
Supreme Court of India3 Feb 2021Full text
2021 INSC 56 · [2021] 2 S.C.R. 81
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.
4,121–4,140 · Page 207 of 500
Supreme Court of India28 Sep 2021Full text
2021 INSC 560 · [2021] 9 S.C.R. 47
within reasonable time – Six years later, he made a representation and same was rejected with the observation that on 1.8.1985, he was yet to enter service – Respondent slept over his rights, and never earlier pointedly addressed his present claim either before the court (in the earlier round) or to the State, soon aft…
Supreme Court of India3 Feb 2021Full text
2021 INSC 56 · [2021] 2 S.C.R. 81
– Therefore, freezing is without due compliance of the legal requirement and not sustainable – The communication dated H 81 82 SUPREME COURT REPORTS [2021] 2 S.C.R. A 15.05.2020 is quashed – Since, the freezing was done without due compliance of law, the respondents directed to defreeze the accounts and honour payments…
Supreme Court of India28 Sep 2021Full text
2021 INSC 558 · [2021] 13 S.C.R. 1146
1146 SUPREME COURT[2021] REPORTS13 S.C.R.1146 [2021] 13 S.C.R. A ADANI GAS LIMITED v. UNION OF INDIA & ORS. (Civil Appeal No(s). 6008-09 of 2021) B SEPTEMBER 28, 2021 [UDAY UMESH LALIT, S. RAVINDRA BHAT AND HRISHIKESH ROY, JJ.] Petroleum and Natural Gas Regulatory Board Act, 2006 – ss. 2(d),11,16,17 and 61 – Petroleum …
Supreme Court of India27 Sep 2021Full text
2021 INSC 555 · [2021] 6 S.C.R. 268
the Magistrate has recorded his satisfaction about a prima facie case against respondent nos. 2 to 5 and 7 & 8 – Merely because respondent Nos.2 to 5 and 7 & 8 were the Chairman/Managing Director/ Executive Director/ Deputy General Manager/Planner & Executor, automatically they cannot be held vicariously liable, F unle…
Supreme Court of India27 Sep 2021Full text
2021 INSC 554 · [2021] 9 S.C.R. 137
be given twenty four hours after the broadcasting – The interim order converted the second proviso into a “routine procedure” instead of an exception (as the High Court has described its direction) that notice shall be given fifteen days after the broadcast – This exercise by the High Court amounts to re-writing – Such…
Supreme Court of India27 Sep 2021Full text
2021 INSC 552 · [2021] 11 S.C.R. 750
the provident fund amount as one of the terminal benefits under the Scheme – The fact that there was some discrepancy on account of the description of the name in the account for which there was some prior communication also, will not imply that any delay in disbursement of the provident fund amount would entitle the F…
Supreme Court of India27 Sep 2021Full text
2021 INSC 551 · [2021] 10 S.C.R. 693
– Writ petitions – High Court held Regulation 101 to be D unconstitutional – On appeal, held: By the policy decision made, the appellants abolished the post though in an indirect way by providing for outsourcing – A court cannot create or sustain the said post – Nothing on record to hold that the decision made is extra…
Supreme Court of India27 Sep 2021Full text
2021 INSC 549 · [2021] 9 S.C.R. 228
Therefore, the date fixed in the office order dated 25.07.96 ceased to be effective after the Cabinet decision dated 31.08.2000 – Moreover, the partnership deed executed by predecessor of the occupant with the occupant was in contravention of the terms of the license deed which prohibited subletting/induction of partne…
Supreme Court of India27 Sep 2021Full text
2021 INSC 548 · [2021] 9 S.C.R. 214
Allowing the appeal, the Court HELD: 1. The order of the High Court contains serious infirmities. The High Court has noted that there was a delay in F lodging the FIR. Prima facie, on 14 February 2018, the appellant furnished a written intimation to the SHO at PS Jhalawar Sadar recording the unnatural death of his son …
Supreme Court of India24 Sep 2021Full text
2021 INSC 547 · [2021] 9 S.C.R. 29
H 29 30 SUPREME COURT REPORTS [2021] 9 S.C.R. A R. Balasubramanian, Sr. Adv., V. N. Subramaniam, Ms. Anzu K. Varkey, Jyotiresh Pandey, Girish Tiwari, Sarvesh Kr. Pandey, Pankaj Shukla, Satish Solanki, Ms. Jaswanthi A., Advs. for the Petitioners. Asim Chandra, Surya Mani Singh Royekwar, Farrukh Rasheed, Advs. for the Re…
Supreme Court of India24 Sep 2021Full text
2021 INSC 540 · [2021] 10 S.C.R. 623
[2021] 10 S.C.R. 623 623 MR. RAJEEV NOHWAR A v. CHIEF CONTROLLING REVENUE AUTHORITY MAHARASHTRA STATE, PUNE AND OTHERS (Civil Appeal No. 5970 of 2021) B SEPTEMBER 24, 2021 [DR. DHANANJAYA Y CHANDRACHUD AND B. V. NAGARATHNA, JJ.] Maharashtra Stamp Act, 1958 – ss. 47, 48, 49, 50, 52, 52A, C 53(1A) – Stamp Duty – Refund o…
Supreme Court of India2 Feb 2021Full text
2021 INSC 54 · [2021] 4 S.C.R. 396
CIVIL APPELLATE JURISDICTION : M.A. No. 175 of 2021 in Civil appeal no. 3687 of 2020. From the Judgment and Order dated 13.02.2019 of the High Court E of Madhya Pradesh at Jabalpur in W.P. No. 2778 of 2019. Sahil Tagotra, Subhro P. Mukherjee, Mohit Pandey, Advs. for Appellant. The Order of the Court was passed : F ORDE…
Supreme Court of India24 Sep 2021Full text
2021 INSC 539 · [2021] 9 S.C.R. 284
petition – Judgment of the High Court is set aside – Bihar Electricity Duty Act, 1948. Art. 226 – Writ Jurisdiction of High Court – Exercise of, in presence of alternative remedy – General Principles. H 284 M/S MAGADH SUGAR & ENERGY LTD. v. THE STATE OF 285 BIHAR & ORS. Allowing the appeal, the Court A HELD: 1. The Hig…
Supreme Court of India23 Sep 2021Full text
2021 INSC 536 · [2021] 7 S.C.R. 1099
as prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings, whether condonable or not, shall stand extended till further orders – There is consensus that there is no requirement for continuance of the initial order passed by this Court on 23.03.2020 and relaxation of the pe…
Supreme Court of India23 Sep 2021Full text
2021 INSC 535 · [2021] 7 S.C.R. 1043
– High Court equally erred in accepting the said recommendations – Recommendations passed by the Council set aside – Orders of the High Court also set aside – Matters remitted back to the Council for fresh consideration – Chartered Accountants Regulations, 1964 G – Regulations 13-15 – Principles of Natural Justice. Pri…
Supreme Court of India23 Sep 2021Full text
2021 INSC 534 · [2021] 13 S.C.R. 1096
amount – On 28.03.2012 one of the mortgaged properties was sold by the Bank through a private treaty for Rs. 12.25 Crores – Second sale notice was issued in regards to the outstanding amount of Rs. 11,99,53,926/- on 9.07.2012 scheduling the sale on date 20.07.2012 on which the two of the mortgage properties were sold F…
Supreme Court of India23 Sep 2021Full text
2021 INSC 532 · [2021] 13 S.C.R. 299
300 SUPREME COURT REPORTS [2021] 13 S.C.R. A only condition that it must be primarily for the use of the residents of such municipal or town area – The second proviso does not indicate as to, in whom, the power to locate the toll plaza under the second proviso, stands vested with – Also, the second proviso does not con…
Supreme Court of India23 Sep 2021Full text
2021 INSC 531 · [2021] 7 S.C.R. 671
by relying on the judgment and order passed by the High Court in Mangu and Ors. v. State of U.P. – Held: The case of Mangu and Ors., notification u/s. 4 of the Act was issued in the year 1991, but in the present case the notification u/s. 4 of the Act was issued in the year 1976 – The said judgment and order passed by …
Supreme Court of India23 Sep 2021Full text
2021 INSC 530 · [2021] 11 S.C.R. 798
dispute and such an order would be amenable to appeal u/s.34 of the 1996 Act – On appeal, held: If there is any dispute between the parties governed by the MSMED Act, the said dispute has to be resolved through procedure prescribed u/s.18 of the MSMED Act – As per sub-section (2) of s.18, on receipt of a reference unde…
Supreme Court of India2 Feb 2021Full text
2021 INSC 53 · [2021] 1 S.C.R. 453
– High Court was dealing with the offences under the Prevention E of Corruption Act which offences are against the society and, therefore, High Court ought to have been more careful and have gone in detail – Matter remitted to High Court for consideration afresh in accordance with law. Appeal: Power of High Court to de…
Also on Law on Tips: Bare Acts · Legal news and analysis
– Therefore, freezing is without due compliance of the legal requirement and not sustainable – The communication dated H 81 82 SUPREME COURT REPORTS [2021] 2 S.C.R. A 15.05.2020 is quashed – Since, the freezing was done without due compliance of law, the respondents directed to defreeze the accounts and honour payments…
Supreme Court of India28 Sep 2021Full text
2021 INSC 558 · [2021] 13 S.C.R. 1146
1146 SUPREME COURT[2021] REPORTS13 S.C.R.1146 [2021] 13 S.C.R. A ADANI GAS LIMITED v. UNION OF INDIA & ORS. (Civil Appeal No(s). 6008-09 of 2021) B SEPTEMBER 28, 2021 [UDAY UMESH LALIT, S. RAVINDRA BHAT AND HRISHIKESH ROY, JJ.] Petroleum and Natural Gas Regulatory Board Act, 2006 – ss. 2(d),11,16,17 and 61 – Petroleum …
Supreme Court of India27 Sep 2021Full text
2021 INSC 555 · [2021] 6 S.C.R. 268
the Magistrate has recorded his satisfaction about a prima facie case against respondent nos. 2 to 5 and 7 & 8 – Merely because respondent Nos.2 to 5 and 7 & 8 were the Chairman/Managing Director/ Executive Director/ Deputy General Manager/Planner & Executor, automatically they cannot be held vicariously liable, F unle…
Supreme Court of India27 Sep 2021Full text
2021 INSC 554 · [2021] 9 S.C.R. 137
be given twenty four hours after the broadcasting – The interim order converted the second proviso into a “routine procedure” instead of an exception (as the High Court has described its direction) that notice shall be given fifteen days after the broadcast – This exercise by the High Court amounts to re-writing – Such…
Supreme Court of India27 Sep 2021Full text
2021 INSC 552 · [2021] 11 S.C.R. 750
the provident fund amount as one of the terminal benefits under the Scheme – The fact that there was some discrepancy on account of the description of the name in the account for which there was some prior communication also, will not imply that any delay in disbursement of the provident fund amount would entitle the F…
Supreme Court of India27 Sep 2021Full text
2021 INSC 551 · [2021] 10 S.C.R. 693
– Writ petitions – High Court held Regulation 101 to be D unconstitutional – On appeal, held: By the policy decision made, the appellants abolished the post though in an indirect way by providing for outsourcing – A court cannot create or sustain the said post – Nothing on record to hold that the decision made is extra…
Supreme Court of India27 Sep 2021Full text
2021 INSC 549 · [2021] 9 S.C.R. 228
Therefore, the date fixed in the office order dated 25.07.96 ceased to be effective after the Cabinet decision dated 31.08.2000 – Moreover, the partnership deed executed by predecessor of the occupant with the occupant was in contravention of the terms of the license deed which prohibited subletting/induction of partne…
Supreme Court of India27 Sep 2021Full text
2021 INSC 548 · [2021] 9 S.C.R. 214
Allowing the appeal, the Court HELD: 1. The order of the High Court contains serious infirmities. The High Court has noted that there was a delay in F lodging the FIR. Prima facie, on 14 February 2018, the appellant furnished a written intimation to the SHO at PS Jhalawar Sadar recording the unnatural death of his son …
Supreme Court of India24 Sep 2021Full text
2021 INSC 547 · [2021] 9 S.C.R. 29
H 29 30 SUPREME COURT REPORTS [2021] 9 S.C.R. A R. Balasubramanian, Sr. Adv., V. N. Subramaniam, Ms. Anzu K. Varkey, Jyotiresh Pandey, Girish Tiwari, Sarvesh Kr. Pandey, Pankaj Shukla, Satish Solanki, Ms. Jaswanthi A., Advs. for the Petitioners. Asim Chandra, Surya Mani Singh Royekwar, Farrukh Rasheed, Advs. for the Re…
Supreme Court of India24 Sep 2021Full text
2021 INSC 540 · [2021] 10 S.C.R. 623
[2021] 10 S.C.R. 623 623 MR. RAJEEV NOHWAR A v. CHIEF CONTROLLING REVENUE AUTHORITY MAHARASHTRA STATE, PUNE AND OTHERS (Civil Appeal No. 5970 of 2021) B SEPTEMBER 24, 2021 [DR. DHANANJAYA Y CHANDRACHUD AND B. V. NAGARATHNA, JJ.] Maharashtra Stamp Act, 1958 – ss. 47, 48, 49, 50, 52, 52A, C 53(1A) – Stamp Duty – Refund o…
Supreme Court of India2 Feb 2021Full text
2021 INSC 54 · [2021] 4 S.C.R. 396
CIVIL APPELLATE JURISDICTION : M.A. No. 175 of 2021 in Civil appeal no. 3687 of 2020. From the Judgment and Order dated 13.02.2019 of the High Court E of Madhya Pradesh at Jabalpur in W.P. No. 2778 of 2019. Sahil Tagotra, Subhro P. Mukherjee, Mohit Pandey, Advs. for Appellant. The Order of the Court was passed : F ORDE…
Supreme Court of India24 Sep 2021Full text
2021 INSC 539 · [2021] 9 S.C.R. 284
petition – Judgment of the High Court is set aside – Bihar Electricity Duty Act, 1948. Art. 226 – Writ Jurisdiction of High Court – Exercise of, in presence of alternative remedy – General Principles. H 284 M/S MAGADH SUGAR & ENERGY LTD. v. THE STATE OF 285 BIHAR & ORS. Allowing the appeal, the Court A HELD: 1. The Hig…
Supreme Court of India23 Sep 2021Full text
2021 INSC 536 · [2021] 7 S.C.R. 1099
as prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings, whether condonable or not, shall stand extended till further orders – There is consensus that there is no requirement for continuance of the initial order passed by this Court on 23.03.2020 and relaxation of the pe…
Supreme Court of India23 Sep 2021Full text
2021 INSC 535 · [2021] 7 S.C.R. 1043
– High Court equally erred in accepting the said recommendations – Recommendations passed by the Council set aside – Orders of the High Court also set aside – Matters remitted back to the Council for fresh consideration – Chartered Accountants Regulations, 1964 G – Regulations 13-15 – Principles of Natural Justice. Pri…
Supreme Court of India23 Sep 2021Full text
2021 INSC 534 · [2021] 13 S.C.R. 1096
amount – On 28.03.2012 one of the mortgaged properties was sold by the Bank through a private treaty for Rs. 12.25 Crores – Second sale notice was issued in regards to the outstanding amount of Rs. 11,99,53,926/- on 9.07.2012 scheduling the sale on date 20.07.2012 on which the two of the mortgage properties were sold F…
Supreme Court of India23 Sep 2021Full text
2021 INSC 532 · [2021] 13 S.C.R. 299
300 SUPREME COURT REPORTS [2021] 13 S.C.R. A only condition that it must be primarily for the use of the residents of such municipal or town area – The second proviso does not indicate as to, in whom, the power to locate the toll plaza under the second proviso, stands vested with – Also, the second proviso does not con…
Supreme Court of India23 Sep 2021Full text
2021 INSC 531 · [2021] 7 S.C.R. 671
by relying on the judgment and order passed by the High Court in Mangu and Ors. v. State of U.P. – Held: The case of Mangu and Ors., notification u/s. 4 of the Act was issued in the year 1991, but in the present case the notification u/s. 4 of the Act was issued in the year 1976 – The said judgment and order passed by …
Supreme Court of India23 Sep 2021Full text
2021 INSC 530 · [2021] 11 S.C.R. 798
dispute and such an order would be amenable to appeal u/s.34 of the 1996 Act – On appeal, held: If there is any dispute between the parties governed by the MSMED Act, the said dispute has to be resolved through procedure prescribed u/s.18 of the MSMED Act – As per sub-section (2) of s.18, on receipt of a reference unde…
Supreme Court of India2 Feb 2021Full text
2021 INSC 53 · [2021] 1 S.C.R. 453
– High Court was dealing with the offences under the Prevention E of Corruption Act which offences are against the society and, therefore, High Court ought to have been more careful and have gone in detail – Matter remitted to High Court for consideration afresh in accordance with law. Appeal: Power of High Court to de…
Also on Law on Tips: Bare Acts · Legal news and analysis