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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.
4,141–4,160 · Page 208 of 500
Supreme Court of India23 Sep 2021Full text
2021 INSC 529 · [2021] 9 S.C.R. 189
conviction by JMFC is confirmed – However, the sentence is modified, the respondent sentenced to pay fine of Rs.2,50,000/- only. Partly allowing the appeals, the Court HELD: 1. From the facts arising in this case and the nature E of the rival contentions, the record would disclose that the signature on the documents at…
Supreme Court of India23 Sep 2021Full text
2021 INSC 528 · [2021] 11 S.C.R. 672
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.
4,141–4,160 · Page 208 of 500
Supreme Court of India23 Sep 2021Full text
2021 INSC 529 · [2021] 9 S.C.R. 189
conviction by JMFC is confirmed – However, the sentence is modified, the respondent sentenced to pay fine of Rs.2,50,000/- only. Partly allowing the appeals, the Court HELD: 1. From the facts arising in this case and the nature E of the rival contentions, the record would disclose that the signature on the documents at…
Supreme Court of India23 Sep 2021Full text
2021 INSC 528 · [2021] 11 S.C.R. 672
that the property constitutes a wakf and a decree of possession of the suit property – The said suit was decreed on the basis of a compromised petition – The compromise was restricted to the issue of the erstwhile lessee handling over the possession of the suit property at the end of lease – The alleged claim of title …
Supreme Court of India22 Sep 2021Full text
2021 INSC 527 · [2021] 12 S.C.R. 475
approval was necessary under s.33(1)(b) before the termination and that the action of management in taking steps in pursuance of s.33(2)(b) was unlawful – High Court upheld the said order – On appeal, held: s.33 imposes a ban on the employer discharging, dismissing or punishing a workman during the pendency of concilia…
Supreme Court of India22 Sep 2021Full text
2021 INSC 526 · [2021] 7 S.C.R. 819
contained in s.37(1)(b) of the NDPS Act were satisfied – The High Court ignored the following circumstances: (i) The respondent was travelling in the vehicle all the way from Dimapur in Nagaland to Rampur in Uttar Pradesh with the co-accused; (ii) The complaint notes that the CDR analysis of the mobile number used by t…
Supreme Court of India22 Sep 2021Full text
2021 INSC 525 · [2021] 7 S.C.R. 619
25 years of the temple can be complied with only when the situation attains normalcy – In the Administrative report dated 31.08.2021, it was stated that Sree Padmanabha Swamy Temple Trust (SPSTT) was created only for the benefit of the temple and temple is its sole beneficiary – As per the Trust deed, the income from t…
Supreme Court of India22 Sep 2021Full text
2021 INSC 524 · [2021] 12 S.C.R. 1
[2021] 12 S.C.R. 1 1 DLF HOME DEVELOPERS LIMITED A v. RAJAPURA HOMES PRIVATE LIMITED & ANR. (Arbitration Petition (Civil) No. 17 of 2020) B SEPTEMBER 22, 2021 [N.V. RAMANA, CJI AND SURYA KANT, J.] Arbitration and Conciliation Act, 1996 – s.11(6) r/w s.11(12) – Appointment of Arbitrator – In terms of Share Purchase Agre…
Supreme Court of India21 Sep 2021Full text
2021 INSC 523 · [2021] 11 S.C.R. 772
PUNJAB STATE POWER CORPORATION LTD. v. EMTA COAL LTD. 773 Interpretation of Statutes – Literal Interpretation – Doctrine of A Legitimate Expectation – Principle of Natural Justice – Judicial review. Interpretation of Statutes – Literal Interpretation – Plain and literal meaning – Held: When upon a plain and literal int…
Supreme Court of India21 Sep 2021Full text
2021 INSC 521 · [2021] 7 S.C.R. 634
and that therefore respondent No.1-employee might not be aware of the applicability of the Act, 1974. Aforesaid cannot be accepted. Being the employee of the corporation, he was supposed to know the rules and regulations applicable to the employees of the corporation. Ignorance of law cannot be an excuse to get out of …
Supreme Court of India21 Sep 2021Full text
2021 INSC 520 · [2021] 7 S.C.R. 800
allegations in the chargesheet dated 25.2.2013 that the writ petitioner has fired from the official weapon is a reliable finding returned by the Departmental Authorities on the basis of evidence placed before them – It is not a case of no evidence, which alone would warrant interference by the High Court in exercise of…
Supreme Court of India21 Sep 2021Full text
2021 INSC 519 · [2021] 6 S.C.R. 225
Bharat Sood, P. S. Sudheer, Advs. for the Appellant. Ms. Jaspreet Gogia, Ms. Mandakini Singh, Karanvir Gogia, Ms. Shivangi Singhal, Ms. Ashima Mandla, Advs. for the Respondent. H KALA SINGH @ GURNAM SINGH v. STATE OF PUNJAB 227 The Judgment of the Court was delivered by A R. SUBHASH REDDY, J. 1. Leave granted. 2. These…
Supreme Court of India21 Sep 2021Full text
2021 INSC 518 · [2021] 6 S.C.R. 232
the Second Appeal – Plaintiff’s second appeal was however dismissed – Held: While concurrent findings of Courts below are not to be routinely interfered, on facts, there was a second round in the litigation and another substantial question of law was formulated by the High Court for adjudication of the second F appeal …
Supreme Court of India21 Sep 2021Full text
2021 INSC 516 · [2021] 11 S.C.R. 720
H 720 CHANDAN BANERJEE v. KRISHNA PROSAD GHOSH 721 Dismissing the appeal, the Court A HELD: 1. While creating supernumerary posts, Kolkata Municipal Corporation-KMC has not completely restricted the promotional avenues of diploma-holder SAEs who have stagnated in their service. It has provided adequate opportunity to t…
Supreme Court of India21 Sep 2021Full text
2021 INSC 515 · [2021] 9 S.C.R. 177
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos.5644-5645 of 2021. From the Judgment and Order dated 27.09.2017 of the Customs, F Excise & Service Tax Appellate Tribunal, West Zonal Bench, at Mumbai Final order No.A/90222-90223 of 2017 in Customs Appeal No. C/70/ 17-MUM and C/71/07. Ms. Aishwarya Bhati, ASG, Mukesh Kuma…
Supreme Court of India21 Sep 2021Full text
2021 INSC 514 · [2021] 10 S.C.R. 607
RAJENDRA BAJORIA v. HEMANT KUMAR JALAN 609 with the Division Bench of the High Court which, upon an A elaborate scrutiny of the averments made in the plaint, the reliefs claimed therein, the provisions of the said Act and the clauses of the Partnership Deed, came to the conclusion that the reliefs as sought in the plai…
Supreme Court of India20 Sep 2021Full text
2021 INSC 510 · [2021] 6 S.C.R. 204
– On appeal, held: Though, there was strong suspicion, there was no acceptable evidence on record for dismissal of respondent – E Reinstatement with full back wages is not automatic in every case, where termination / dismissal is found to be not in accordance with procedure prescribed under law – Considering that respo…
Supreme Court of India1 Feb 2021Full text
2021 INSC 51 · [2021] 15 S.C.R. 1079
1080 SUPREME COURT REPORTS [2021] 15 S.C.R. A passed by the NCLT allowing AAA and Spade to submit their claims as financial creditors – However, when the NCLT allowed AAA and Spade to re-submit its claims as financial creditors, none of the creditors on the Committee of Creditors (CoC) were represented in the proceedin…
Supreme Court of India20 Sep 2021Full text
2021 INSC 503 · [2021] 9 S.C.R. 81
of four accused persons, A3, A4, A10 and A12 – The appellant was sentenced to rigorous imprisonment for 5 years – Before the Supreme Court, the appellant confined his submissions for compounding the sentence for the reason that a compromise was entered between the appellant and the injured victim – Held: The substance …
Supreme Court of India20 Sep 2021Full text
2021 INSC 502 · [2021] 9 S.C.R. 35
35 36 SUPREME COURT REPORTS [2021] 9 S.C.R. A N. K. Mody, Sr. Adv., Shishir Kumar Saxena, R. N. Pareek, Prabhuddha Singh, Ms. Soumya Chaturvedi, Ms. Sharmila, Praveen Swarup, Advs. for the Appellant. The Order of the Court was passed by M. R. SHAH, J. B 1. Present is the classic example of misuse of the adjournments gr…
Supreme Court of India20 Sep 2021Full text
2021 INSC 501 · [2021] 9 S.C.R. 239
Land Acquisition Act, 1894 – Compensation – Exemplar of a smaller plot as compared to a larger area – Deductions on account of – Discussed. Disposing of the appeals, the Court F Held: 1.1 The reliance of the appellant on the Exemplar Exhibit 31 (one of the two sale deeds relied on by the appellant, the other being Exhi…
Supreme Court of India20 Sep 2021Full text
2021 INSC 500 · [2021] 9 S.C.R. 73
objection right from the year 1975 regarding the possession of the first respondent – Thus, the first respondent was in possession as a tenant prior to 05.07.1976 – So, he shall be deemed to be tenant by virtue of s.14 of the Act – There is no fault in the order of the Addl. City Magistrate – Therefore, if appellant wa…
Also on Law on Tips: Bare Acts · Legal news and analysis
that the property constitutes a wakf and a decree of possession of the suit property – The said suit was decreed on the basis of a compromised petition – The compromise was restricted to the issue of the erstwhile lessee handling over the possession of the suit property at the end of lease – The alleged claim of title …
Supreme Court of India22 Sep 2021Full text
2021 INSC 527 · [2021] 12 S.C.R. 475
approval was necessary under s.33(1)(b) before the termination and that the action of management in taking steps in pursuance of s.33(2)(b) was unlawful – High Court upheld the said order – On appeal, held: s.33 imposes a ban on the employer discharging, dismissing or punishing a workman during the pendency of concilia…
Supreme Court of India22 Sep 2021Full text
2021 INSC 526 · [2021] 7 S.C.R. 819
contained in s.37(1)(b) of the NDPS Act were satisfied – The High Court ignored the following circumstances: (i) The respondent was travelling in the vehicle all the way from Dimapur in Nagaland to Rampur in Uttar Pradesh with the co-accused; (ii) The complaint notes that the CDR analysis of the mobile number used by t…
Supreme Court of India22 Sep 2021Full text
2021 INSC 525 · [2021] 7 S.C.R. 619
25 years of the temple can be complied with only when the situation attains normalcy – In the Administrative report dated 31.08.2021, it was stated that Sree Padmanabha Swamy Temple Trust (SPSTT) was created only for the benefit of the temple and temple is its sole beneficiary – As per the Trust deed, the income from t…
Supreme Court of India22 Sep 2021Full text
2021 INSC 524 · [2021] 12 S.C.R. 1
[2021] 12 S.C.R. 1 1 DLF HOME DEVELOPERS LIMITED A v. RAJAPURA HOMES PRIVATE LIMITED & ANR. (Arbitration Petition (Civil) No. 17 of 2020) B SEPTEMBER 22, 2021 [N.V. RAMANA, CJI AND SURYA KANT, J.] Arbitration and Conciliation Act, 1996 – s.11(6) r/w s.11(12) – Appointment of Arbitrator – In terms of Share Purchase Agre…
Supreme Court of India21 Sep 2021Full text
2021 INSC 523 · [2021] 11 S.C.R. 772
PUNJAB STATE POWER CORPORATION LTD. v. EMTA COAL LTD. 773 Interpretation of Statutes – Literal Interpretation – Doctrine of A Legitimate Expectation – Principle of Natural Justice – Judicial review. Interpretation of Statutes – Literal Interpretation – Plain and literal meaning – Held: When upon a plain and literal int…
Supreme Court of India21 Sep 2021Full text
2021 INSC 521 · [2021] 7 S.C.R. 634
and that therefore respondent No.1-employee might not be aware of the applicability of the Act, 1974. Aforesaid cannot be accepted. Being the employee of the corporation, he was supposed to know the rules and regulations applicable to the employees of the corporation. Ignorance of law cannot be an excuse to get out of …
Supreme Court of India21 Sep 2021Full text
2021 INSC 520 · [2021] 7 S.C.R. 800
allegations in the chargesheet dated 25.2.2013 that the writ petitioner has fired from the official weapon is a reliable finding returned by the Departmental Authorities on the basis of evidence placed before them – It is not a case of no evidence, which alone would warrant interference by the High Court in exercise of…
Supreme Court of India21 Sep 2021Full text
2021 INSC 519 · [2021] 6 S.C.R. 225
Bharat Sood, P. S. Sudheer, Advs. for the Appellant. Ms. Jaspreet Gogia, Ms. Mandakini Singh, Karanvir Gogia, Ms. Shivangi Singhal, Ms. Ashima Mandla, Advs. for the Respondent. H KALA SINGH @ GURNAM SINGH v. STATE OF PUNJAB 227 The Judgment of the Court was delivered by A R. SUBHASH REDDY, J. 1. Leave granted. 2. These…
Supreme Court of India21 Sep 2021Full text
2021 INSC 518 · [2021] 6 S.C.R. 232
the Second Appeal – Plaintiff’s second appeal was however dismissed – Held: While concurrent findings of Courts below are not to be routinely interfered, on facts, there was a second round in the litigation and another substantial question of law was formulated by the High Court for adjudication of the second F appeal …
Supreme Court of India21 Sep 2021Full text
2021 INSC 516 · [2021] 11 S.C.R. 720
H 720 CHANDAN BANERJEE v. KRISHNA PROSAD GHOSH 721 Dismissing the appeal, the Court A HELD: 1. While creating supernumerary posts, Kolkata Municipal Corporation-KMC has not completely restricted the promotional avenues of diploma-holder SAEs who have stagnated in their service. It has provided adequate opportunity to t…
Supreme Court of India21 Sep 2021Full text
2021 INSC 515 · [2021] 9 S.C.R. 177
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos.5644-5645 of 2021. From the Judgment and Order dated 27.09.2017 of the Customs, F Excise & Service Tax Appellate Tribunal, West Zonal Bench, at Mumbai Final order No.A/90222-90223 of 2017 in Customs Appeal No. C/70/ 17-MUM and C/71/07. Ms. Aishwarya Bhati, ASG, Mukesh Kuma…
Supreme Court of India21 Sep 2021Full text
2021 INSC 514 · [2021] 10 S.C.R. 607
RAJENDRA BAJORIA v. HEMANT KUMAR JALAN 609 with the Division Bench of the High Court which, upon an A elaborate scrutiny of the averments made in the plaint, the reliefs claimed therein, the provisions of the said Act and the clauses of the Partnership Deed, came to the conclusion that the reliefs as sought in the plai…
Supreme Court of India20 Sep 2021Full text
2021 INSC 510 · [2021] 6 S.C.R. 204
– On appeal, held: Though, there was strong suspicion, there was no acceptable evidence on record for dismissal of respondent – E Reinstatement with full back wages is not automatic in every case, where termination / dismissal is found to be not in accordance with procedure prescribed under law – Considering that respo…
Supreme Court of India1 Feb 2021Full text
2021 INSC 51 · [2021] 15 S.C.R. 1079
1080 SUPREME COURT REPORTS [2021] 15 S.C.R. A passed by the NCLT allowing AAA and Spade to submit their claims as financial creditors – However, when the NCLT allowed AAA and Spade to re-submit its claims as financial creditors, none of the creditors on the Committee of Creditors (CoC) were represented in the proceedin…
Supreme Court of India20 Sep 2021Full text
2021 INSC 503 · [2021] 9 S.C.R. 81
of four accused persons, A3, A4, A10 and A12 – The appellant was sentenced to rigorous imprisonment for 5 years – Before the Supreme Court, the appellant confined his submissions for compounding the sentence for the reason that a compromise was entered between the appellant and the injured victim – Held: The substance …
Supreme Court of India20 Sep 2021Full text
2021 INSC 502 · [2021] 9 S.C.R. 35
35 36 SUPREME COURT REPORTS [2021] 9 S.C.R. A N. K. Mody, Sr. Adv., Shishir Kumar Saxena, R. N. Pareek, Prabhuddha Singh, Ms. Soumya Chaturvedi, Ms. Sharmila, Praveen Swarup, Advs. for the Appellant. The Order of the Court was passed by M. R. SHAH, J. B 1. Present is the classic example of misuse of the adjournments gr…
Supreme Court of India20 Sep 2021Full text
2021 INSC 501 · [2021] 9 S.C.R. 239
Land Acquisition Act, 1894 – Compensation – Exemplar of a smaller plot as compared to a larger area – Deductions on account of – Discussed. Disposing of the appeals, the Court F Held: 1.1 The reliance of the appellant on the Exemplar Exhibit 31 (one of the two sale deeds relied on by the appellant, the other being Exhi…
Supreme Court of India20 Sep 2021Full text
2021 INSC 500 · [2021] 9 S.C.R. 73
objection right from the year 1975 regarding the possession of the first respondent – Thus, the first respondent was in possession as a tenant prior to 05.07.1976 – So, he shall be deemed to be tenant by virtue of s.14 of the Act – There is no fault in the order of the Addl. City Magistrate – Therefore, if appellant wa…
Also on Law on Tips: Bare Acts · Legal news and analysis