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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.
4,161–4,180 · Page 209 of 500
Supreme Court of India1 Feb 2021Full text
2021 INSC 50 · [2021] 1 S.C.R. 443
grounds of violation of Part III of the Constitution – Such statutory restrictions and the powers exercisable under constitutional jurisdiction can be harmonised – The restriction u/s. 43-D(5) under Unlawful Activities (Prevention) Act is less stringent than the restriction provided under s. 37 of NDPS Act – The accuse…
Supreme Court of India5 Jan 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.
4,161–4,180 · Page 209 of 500
Supreme Court of India1 Feb 2021Full text
2021 INSC 50 · [2021] 1 S.C.R. 443
grounds of violation of Part III of the Constitution – Such statutory restrictions and the powers exercisable under constitutional jurisdiction can be harmonised – The restriction u/s. 43-D(5) under Unlawful Activities (Prevention) Act is less stringent than the restriction provided under s. 37 of NDPS Act – The accuse…
Supreme Court of India5 Jan 2021Full text
2021 INSC 5 · [2021] 1 S.C.R. 229
[2021] 1 S.C.R. 229 229 M/S. PADIA TIMBER COMPANY (P) LTD. A v. THE BOARD OF TRUSTEES OF VISAKHAPATNAM PORT TRUST THROUGH ITS SECRETARY (Civil Appeal No. 7469 of 2008) B JANUARY 05, 2021 [NAVIN SINHA AND INDIRA BANERJEE, JJ.] Contract – Offer and acceptance of offer – Whether the acceptance of a conditional offer with …
Supreme Court of India20 Sep 2021Full text
2021 INSC 498 · [2021] 6 S.C.R. 208
3. The impugned judgment passed by the High Court quashing and setting aside the award (passed by the Sole GArbitrator) as well as the order passed by the Civil Judge making the award, Rule of the Court deserves to be quashed and set aside. [Para 17][218-C-D] Himalayan Construction Co. v. Executive Engineer, Irrigation…
Supreme Court of India20 Sep 2021Full text
2021 INSC 497 · [2021] 7 S.C.R. 607
Allowing C.A. No. 5885 of 2010 and closing C.A.No. 5881 of 2010, the Court C HELD: 1. Section 3 of Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999 incorporates, in simple terms, two rules. They are: (i) the repeal of the principal Act will not affect the vesting of any vacant land under Section 11(3), i…
Supreme Court of India17 Sep 2021Full text
2021 INSC 496 · [2021] 6 S.C.R. 194
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – s.3(2)(v) – Code of Criminal Procedure, 1973 – s.482. Penal Code, 1860 – s.306 – Abetment of suicide – Without positive act on the part of the accused to instigate or aid in H 194 KANCHAN SHARMA v. STATE OF UTTAR PRADESH & ANR. 195 committ…
Supreme Court of India17 Sep 2021Full text
2021 INSC 495 · [2021] 7 S.C.R. 750
Tribunal (ITAT) – While allowing the appeal, the ITAT held that the respondent was not liable for payment of interest u/s. 234B, when tax at source was deductible from payment made to the Respondent – This decision was challenged before the High Court, which was dismissed and the order of ITAT was upheld – Batch of F a…
Supreme Court of India17 Sep 2021Full text
2021 INSC 492 · [2021] 7 S.C.R. 571
571 572 SUPREME COURT REPORTS [2021] 7 S.C.R. A Division Bench cannot be sustained and is set aside – Constitution of India – Art. 226. Costs: Commercial matters – Award of costs – Held: Usually the judicial system hesitates to impose costs, presuming it to be a reflection on the counsel – In a tussle for enforcement o…
Supreme Court of India17 Sep 2021Full text
2021 INSC 491 · [2021] 9 S.C.R. 259
should not be lightly interfered with or reversed purely on technical grounds unless it has resulted in failure of justice – The High Court could not have reduced the percentage of functional disability from 50% to 20% when there was no challenge to the said finding arrived at by the Tribunal by an appeal or cross obje…
Supreme Court of India17 Sep 2021Full text
2021 INSC 490 · [2021] 7 S.C.R. 710
deliberately suppressed the fact of conviction and penalty, not only at the time of applying post, but also when he submitted a declaration during documents verification that neither criminal case is pending against him nor he has suffered any conviction by any court of law in any criminal case – Appellant was terminat…
Supreme Court of India29 Jan 2021Full text
2021 INSC 49 · [2021] 1 S.C.R. 474
474 MANJIT AND ORS. v. UNION OF INDIA AND ANR. 475 discontinued the scheme. The petitioners can claim neither a A vested right nor a legitimate expectation under such a Scheme. All claims based on the Scheme must now be closed. Therefore, the petition under Article 32 cannot be entertained. [Paras 6 and 7][477-B-D, E] …
Supreme Court of India17 Sep 2021Full text
2021 INSC 486 · [2021] 9 S.C.R. 103
defendant took the defence that the plaint was liable to be rejected u/Or.VII, r.11(d) CPC as (a) that the suit filed in the year 1987 challenging the action of the competent authorities under the Act carried out way back in 1963 and 1964 was barred by limitation; and (b) that in any case s.85 of the 1948 Act bars the …
Supreme Court of India16 Sep 2021Full text
2021 INSC 485 · [2021] 10 S.C.R. 723
set aside – Penal Code – ss.34, 148, 149, 323, 324, 341, 504 – Judicial review. Service Law – Involvement in criminal case – Principles enunciated in Avtar Singh v. Union of India and Others reported as [2016] 7 SCR 445 at paragraphs 38.4, 38.4.1, 38.4.2 and 38.4.3 – F Held: Aforesaid paragraphs would apply to cases in…
Supreme Court of India15 Sep 2021Full text
2021 INSC 484 · [2021] 7 S.C.R. 731
the Supreme Court, the application submitted by the appellant was considered submitted u/Or. XI R.1(4) of the CPC as both the Commercial Court and the High Court had considered and applied Or.XI, R.1 –In the said application for additional documents, it was specifically mentioned that so far as the invoices are concern…
Supreme Court of India15 Sep 2021Full text
2021 INSC 481 · [2021] 9 S.C.R. 163
[2021] 9 S.C.R. 163 163 MOHD. RAFIQ @ KALLU A v. THE STATE OF MADHYA PRADESH (Criminal Appeal No. 856 of 2021) SEPTEMBER 15, 2021 B [K. M. JOSEPH AND S. RAVINDRA BHAT, JJ.] Penal Code, 1860 – s.302 and s.304 – Prosecution case that Sub-Inspector (SI) motioned a truck, driven by the accused/ appellant, to stop – Instead…
Supreme Court of India29 Jan 2021Full text
2021 INSC 48 · [2021] 1 S.C.R. 191
fact as order dated 18.9.2019 was not placed on record – Appeal to Supreme Court – Held: Power u/s. 319 is extra-ordinary and discretionary and has to be exercised sparingly – High Court did not consider the correctness of order dated 17.8.2019 – The subsequent proceedings cannot be a ground to not consider the correct…
Supreme Court of India14 Sep 2021Full text
2021 INSC 478 · [2021] 5 S.C.R. 1022
before the High Court – The High Court held that the Commercial Court has the power to consider whether the remedy u/s.17 of the Arbitration Act is inefficacious and pass necessary orders u/s.9 of the said Act – Before the Supreme Court, the appellant contended that s.9(3) of the Act restricts the power to entertain an…
Supreme Court of India14 Sep 2021Full text
2021 INSC 477 · [2021] 6 S.C.R. 187
D 2.2. Abetment by a person is when a person instigates another to do something. Instigation can be inferred where the accused had, by his acts or omission created such circumstances that the deceased was left with no other option except to commit suicide. In the instant case, the allegation against the appellant E is …
Supreme Court of India14 Sep 2021Full text
2021 INSC 476 · [2021] 7 S.C.R. 1024
2. In the present case, even the appellant applied for the certified copy of the order passed by the adjudicating authority on 8.4.2019, i.e., after a delay of 34 days. Therefore, even the certified copy of the order passed by the adjudicating authority was applied beyond the prescribed period of limitation, i.e., beyo…
Supreme Court of India14 Sep 2021Full text
2021 INSC 474 · [2021] 10 S.C.R. 643
AM – Order of demolition was not challenged in statutory appeal – Plaintiff filed first suit, seeking mandatory injunction and possession after demolition of building, followed by second suit claiming damages – The trial Court granted decree of the quantified damages – In the first appeal, the High Court held that (i) …
Supreme Court of India13 Sep 2021Full text
2021 INSC 473 · [2021] 9 S.C.R. 92
years of filing of writ petition, the Single Judge of the High Court of Uttarakhand dismissed the said writ petition by observing that the Coordinate Bench of the Allahabad High Court by permitting the appellants to withdraw writ petition pending before it with liberty to file the writ petition before the High Court of…
Also on Law on Tips: Bare Acts · Legal news and analysis
2021 INSC 5 · [2021] 1 S.C.R. 229
[2021] 1 S.C.R. 229 229 M/S. PADIA TIMBER COMPANY (P) LTD. A v. THE BOARD OF TRUSTEES OF VISAKHAPATNAM PORT TRUST THROUGH ITS SECRETARY (Civil Appeal No. 7469 of 2008) B JANUARY 05, 2021 [NAVIN SINHA AND INDIRA BANERJEE, JJ.] Contract – Offer and acceptance of offer – Whether the acceptance of a conditional offer with …
Supreme Court of India20 Sep 2021Full text
2021 INSC 498 · [2021] 6 S.C.R. 208
3. The impugned judgment passed by the High Court quashing and setting aside the award (passed by the Sole GArbitrator) as well as the order passed by the Civil Judge making the award, Rule of the Court deserves to be quashed and set aside. [Para 17][218-C-D] Himalayan Construction Co. v. Executive Engineer, Irrigation…
Supreme Court of India20 Sep 2021Full text
2021 INSC 497 · [2021] 7 S.C.R. 607
Allowing C.A. No. 5885 of 2010 and closing C.A.No. 5881 of 2010, the Court C HELD: 1. Section 3 of Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999 incorporates, in simple terms, two rules. They are: (i) the repeal of the principal Act will not affect the vesting of any vacant land under Section 11(3), i…
Supreme Court of India17 Sep 2021Full text
2021 INSC 496 · [2021] 6 S.C.R. 194
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – s.3(2)(v) – Code of Criminal Procedure, 1973 – s.482. Penal Code, 1860 – s.306 – Abetment of suicide – Without positive act on the part of the accused to instigate or aid in H 194 KANCHAN SHARMA v. STATE OF UTTAR PRADESH & ANR. 195 committ…
Supreme Court of India17 Sep 2021Full text
2021 INSC 495 · [2021] 7 S.C.R. 750
Tribunal (ITAT) – While allowing the appeal, the ITAT held that the respondent was not liable for payment of interest u/s. 234B, when tax at source was deductible from payment made to the Respondent – This decision was challenged before the High Court, which was dismissed and the order of ITAT was upheld – Batch of F a…
Supreme Court of India17 Sep 2021Full text
2021 INSC 492 · [2021] 7 S.C.R. 571
571 572 SUPREME COURT REPORTS [2021] 7 S.C.R. A Division Bench cannot be sustained and is set aside – Constitution of India – Art. 226. Costs: Commercial matters – Award of costs – Held: Usually the judicial system hesitates to impose costs, presuming it to be a reflection on the counsel – In a tussle for enforcement o…
Supreme Court of India17 Sep 2021Full text
2021 INSC 491 · [2021] 9 S.C.R. 259
should not be lightly interfered with or reversed purely on technical grounds unless it has resulted in failure of justice – The High Court could not have reduced the percentage of functional disability from 50% to 20% when there was no challenge to the said finding arrived at by the Tribunal by an appeal or cross obje…
Supreme Court of India17 Sep 2021Full text
2021 INSC 490 · [2021] 7 S.C.R. 710
deliberately suppressed the fact of conviction and penalty, not only at the time of applying post, but also when he submitted a declaration during documents verification that neither criminal case is pending against him nor he has suffered any conviction by any court of law in any criminal case – Appellant was terminat…
Supreme Court of India29 Jan 2021Full text
2021 INSC 49 · [2021] 1 S.C.R. 474
474 MANJIT AND ORS. v. UNION OF INDIA AND ANR. 475 discontinued the scheme. The petitioners can claim neither a A vested right nor a legitimate expectation under such a Scheme. All claims based on the Scheme must now be closed. Therefore, the petition under Article 32 cannot be entertained. [Paras 6 and 7][477-B-D, E] …
Supreme Court of India17 Sep 2021Full text
2021 INSC 486 · [2021] 9 S.C.R. 103
defendant took the defence that the plaint was liable to be rejected u/Or.VII, r.11(d) CPC as (a) that the suit filed in the year 1987 challenging the action of the competent authorities under the Act carried out way back in 1963 and 1964 was barred by limitation; and (b) that in any case s.85 of the 1948 Act bars the …
Supreme Court of India16 Sep 2021Full text
2021 INSC 485 · [2021] 10 S.C.R. 723
set aside – Penal Code – ss.34, 148, 149, 323, 324, 341, 504 – Judicial review. Service Law – Involvement in criminal case – Principles enunciated in Avtar Singh v. Union of India and Others reported as [2016] 7 SCR 445 at paragraphs 38.4, 38.4.1, 38.4.2 and 38.4.3 – F Held: Aforesaid paragraphs would apply to cases in…
Supreme Court of India15 Sep 2021Full text
2021 INSC 484 · [2021] 7 S.C.R. 731
the Supreme Court, the application submitted by the appellant was considered submitted u/Or. XI R.1(4) of the CPC as both the Commercial Court and the High Court had considered and applied Or.XI, R.1 –In the said application for additional documents, it was specifically mentioned that so far as the invoices are concern…
Supreme Court of India15 Sep 2021Full text
2021 INSC 481 · [2021] 9 S.C.R. 163
[2021] 9 S.C.R. 163 163 MOHD. RAFIQ @ KALLU A v. THE STATE OF MADHYA PRADESH (Criminal Appeal No. 856 of 2021) SEPTEMBER 15, 2021 B [K. M. JOSEPH AND S. RAVINDRA BHAT, JJ.] Penal Code, 1860 – s.302 and s.304 – Prosecution case that Sub-Inspector (SI) motioned a truck, driven by the accused/ appellant, to stop – Instead…
Supreme Court of India29 Jan 2021Full text
2021 INSC 48 · [2021] 1 S.C.R. 191
fact as order dated 18.9.2019 was not placed on record – Appeal to Supreme Court – Held: Power u/s. 319 is extra-ordinary and discretionary and has to be exercised sparingly – High Court did not consider the correctness of order dated 17.8.2019 – The subsequent proceedings cannot be a ground to not consider the correct…
Supreme Court of India14 Sep 2021Full text
2021 INSC 478 · [2021] 5 S.C.R. 1022
before the High Court – The High Court held that the Commercial Court has the power to consider whether the remedy u/s.17 of the Arbitration Act is inefficacious and pass necessary orders u/s.9 of the said Act – Before the Supreme Court, the appellant contended that s.9(3) of the Act restricts the power to entertain an…
Supreme Court of India14 Sep 2021Full text
2021 INSC 477 · [2021] 6 S.C.R. 187
D 2.2. Abetment by a person is when a person instigates another to do something. Instigation can be inferred where the accused had, by his acts or omission created such circumstances that the deceased was left with no other option except to commit suicide. In the instant case, the allegation against the appellant E is …
Supreme Court of India14 Sep 2021Full text
2021 INSC 476 · [2021] 7 S.C.R. 1024
2. In the present case, even the appellant applied for the certified copy of the order passed by the adjudicating authority on 8.4.2019, i.e., after a delay of 34 days. Therefore, even the certified copy of the order passed by the adjudicating authority was applied beyond the prescribed period of limitation, i.e., beyo…
Supreme Court of India14 Sep 2021Full text
2021 INSC 474 · [2021] 10 S.C.R. 643
AM – Order of demolition was not challenged in statutory appeal – Plaintiff filed first suit, seeking mandatory injunction and possession after demolition of building, followed by second suit claiming damages – The trial Court granted decree of the quantified damages – In the first appeal, the High Court held that (i) …
Supreme Court of India13 Sep 2021Full text
2021 INSC 473 · [2021] 9 S.C.R. 92
years of filing of writ petition, the Single Judge of the High Court of Uttarakhand dismissed the said writ petition by observing that the Coordinate Bench of the Allahabad High Court by permitting the appellants to withdraw writ petition pending before it with liberty to file the writ petition before the High Court of…
Also on Law on Tips: Bare Acts · Legal news and analysis