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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.
4,181–4,200 · Page 210 of 500
Supreme Court of India13 Sep 2021Full text
2021 INSC 472 · [2021] 7 S.C.R. 649
Allowing the appeal, the Court HELD: 1. Applying the law laid down by this Court in N.C. Santhosh to the facts of the case on hand, this Court is of the opinion that as such the High Court has gone beyond Rule 2 and D Rule 3 of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 by directing…
Supreme Court of India13 Sep 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.
4,181–4,200 · Page 210 of 500
Supreme Court of India13 Sep 2021Full text
2021 INSC 472 · [2021] 7 S.C.R. 649
Allowing the appeal, the Court HELD: 1. Applying the law laid down by this Court in N.C. Santhosh to the facts of the case on hand, this Court is of the opinion that as such the High Court has gone beyond Rule 2 and D Rule 3 of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 by directing…
Supreme Court of India13 Sep 2021Full text
2021 INSC 470 · [2021] 6 S.C.R. 219
cogent evidence occurs against a person from the evidence, the power u/s.319 Cr.P.C. should be exercised – The power cannot be exercised in a casual and cavalier manner – The test to be applied is one which is more than prima facie case which is applied at the time of framing of charges – It will all depend upon the ev…
Supreme Court of India13 Sep 2021Full text
2021 INSC 469 · [2021] 15 S.C.R. 169
[2021] 15 S.C.R. 169 169 UNION OF INDIA & ORS. A v. VKC FOOTSTEPS INDIA PVT LTD. (Civil Appeal No. 4810 of 2021) SEPTEMBER 13, 2021 B [DR DHANANJAYA Y. CHANDRACHUD AND M. R. SHAH, JJ.] Central Goods and Services Tax Act, 2017 – ss. 54(3) and s.164 – Central Goods and Services Tax Rules, 2017 – r.89(5) – C Writ petition…
Supreme Court of India13 Sep 2021Full text
2021 INSC 467 · [2021] 6 S.C.R. 169
1.2. The ground which is often taken to oppose such a decree of divorce, apart from the absence of legislative mandate, E is that the very institution of marriage is distinctly understood in diferent countries. Under the Hindu Law, it is sacramental in character and is supposed to be an eternal union of two people - so…
Supreme Court of India13 Sep 2021Full text
2021 INSC 466 · [2021] 7 S.C.R. 787
B Dismissing the Appeals, the Court HELD: 1. The questions which are posed for consideration of this Court are : (i) Whether in the facts and circumstances of the case the Courts below have erred in taking annual increase at the rate of C 12% at the flat rate and not applying the cumulative rate? (ii) Whether in the fa…
Supreme Court of India9 Sep 2021Full text
2021 INSC 465 · [2021] 7 S.C.R. 768
768 SUPREME COURT[2021]REPORTS7 S.C.R. 768 [2021] 7 S.C.R. A JAIPUR ZILA DUGDH UTPADAK SAHKARI SANGH LIMITED & ORS. v. M/S AJAY SALES & SUPPLIERS B (Special Leave Petition (Civil) No.13520 of 2021) SEPTEMBER 09, 2021 [M. R. SHAH AND ANIRUDDHA BOSE, JJ.] Arbitration and Conciliation Act, 1996 – s.11 and sub-section (5) …
Supreme Court of India9 Sep 2021Full text
2021 INSC 464 · [2021] 5 S.C.R. 984
984 DELHI AIRPORT METRO EXPRESS PVT. LTD. v. DELHI METRO 985 RAIL CORPORATION LTD. Allowing Civil Appeal No.5627 of 2021 and dismissing Civil A Appeal No.5628 of 2021, the Court HELD: 1.1 A cumulative reading of the UNCITRAL Model Law and Rules, the legislative intent with which the Arbitration and Conciliation Act, 19…
Supreme Court of India9 Sep 2021Full text
2021 INSC 462 · [2021] 6 S.C.R. 154
154 SUPREME COURT[2021]REPORTS6 S.C.R. 154 [2021] 6 S.C.R. A SOUTH INDIAN BANK LTD. v. COMMISSIONER OF INCOME TAX (Civil Appeal No. 9606 of 2011) B SEPTEMBER 09, 2021 [SANJAY KISHAN KAUL AND HRISHIKESH ROY, JJ.] Income Tax Act, 1961 – s.14A – Interpretation of – Assessees are scheduled banks and in course of their bank…
Supreme Court of India9 Sep 2021Full text
2021 INSC 461 · [2021] 6 S.C.R. 109
overlooking important evidence and appreciating the record in its true perspective, and reversed the decree of the trial court – High Court, in second appeal proceeded to examine the documents in light of the evidence led and corrected the findings as it were u/s.103 – Impugned judgment of High Court does not expressly…
Supreme Court of India8 Sep 2021Full text
2021 INSC 460 · [2021] 9 S.C.R. 152
– Pending execution, proceedings were initiated against the first respondent before NCLT by operational creditor – Adjudicating Authority admitted s.9 petition following which the corporate insolvency resolution process was initiated and a moratorium was declared under s.14 of the IBC – This order of NCLT resulted in E…
Supreme Court of India29 Jan 2021Full text
2021 INSC 46 · [2021] 1 S.C.R. 782
HELD: 1. There is no dispute to the fact that in pursuance E of advertisement, both appellant and respondent No.4 had applied respectively for the post of Assistant Professor and Lecturer and Selection Committee recommended their appointment and Executive Council in the meeting dated 08.08.2005 approved the recommendat…
Supreme Court of India7 Sep 2021Full text
2021 INSC 458 · [2021] 6 S.C.R. 87
order passed by the High Court is unsustainable – High Court failed to note the circumstances under which right from the very beginning efforts were made to delay/derail the investigation – High Court also did not consider the seriousness of the offence and the gravity of the accusation against the accused and their an…
Supreme Court of India7 Sep 2021Full text
2021 INSC 457 · [2021] 6 S.C.R. 120
– It was contended that such conversion fee was in fact part of E the sale consideration to confer complete title to an allottee – Held: The appellant is not charging any fee for conversion of leasehold property into freehold property except the amount in accordance with the 1996 Rules – The amount so fixed under the R…
Supreme Court of India7 Sep 2021Full text
2021 INSC 452 · [2021] 6 S.C.R. 77
requirements of the the Employment Exchange (Compulsory Notification of Vacancies) Act, 1959. [Para 14][83-H; 84-A-B] 2. Fraudulent practice to gain public employment cannot be countenanced to be permitted by a Court of law. The workmen here, having hoodwinked the Government E Undertaking in a fraudulent manner, must b…
Supreme Court of India6 Sep 2021Full text
2021 INSC 450 · [2021] 6 S.C.R. 146
promotion as a result of the pendency of the proceedings – This line of reasoning which weighed with the Tribunal is plainly erroneous – Every delay in conducting a disciplinary enquiry does not, ipso facto, lead to the enquiry being vitiated – Whether prejudice is caused to the officer who is being enquired into is a …
Supreme Court of India28 Jan 2021Full text
2021 INSC 45 · [2021] 1 S.C.R. 460
Allowing the Review Petition, the Court HELD: 1.1 The rectification of an order emanates from the fundamental principles that justice is above all. In the G Constitution, substantive power to rectify or review the order by the Supreme Court has been specifically provided under Article 137 of the Constitution. The basic…
Supreme Court of India6 Sep 2021Full text
2021 INSC 449 · [2021] 13 S.C.R. 136
136 SUPREME COURT[2021]REPORTS13 S.C.R.136 [2021] 13 S.C.R. A M/S. INDSIL HYDRO POWER AND MANGANESE LIMITED v. STATE OF KERALA AND OTHERS (Civil Appeal Nos.9845-9846 of 2016) B SEPTEMBER 06, 2021 [UDAY UMESH LALIT AND VINEET SARAN, JJ.] Electricity: Hydel schemes for generation of electricity – Royalty for use of water…
Supreme Court of India6 Sep 2021Full text
2021 INSC 448 · [2021] 9 S.C.R. 117
filed by the petitioner was allowed by the Single Judge of the High Court and affirmed by the Division Bench of the High Court – On appeal, held: The dispute could not be raised by way of a writ petition on the disputed questions of fact – Though, the jurisdiction of the High Court is wide but in respect of pure contra…
Supreme Court of India6 Sep 2021Full text
2021 INSC 447 · [2021] 7 S.C.R. 685
– Held: The Pujari is only a grantee to manage the property of the deity and such grant can be reassumed if the Pujari fails to do the E task assigned to him, i.e., to offer prayers and manage the land – He cannot be thus treated as a Bhumiswami – The Pujari does not have any right in the land and his status is only th…
Supreme Court of India6 Sep 2021Full text
2021 INSC 446 · [2021] 5 S.C.R. 961
KERALA PUBLIC SERVICE COMMISSION v. K.N. 963 RADHAMANI & ORS. ETC.ETC. amendment of the rules the qualification under Rule 186 for A different categories of posts have to be decided based on pre-revision scales of pay. On this count, the Commission’s position is that it was not within the power of jurisdiction of the R…
Also on Law on Tips: Bare Acts · Legal news and analysis
2021 INSC 470 · [2021] 6 S.C.R. 219
cogent evidence occurs against a person from the evidence, the power u/s.319 Cr.P.C. should be exercised – The power cannot be exercised in a casual and cavalier manner – The test to be applied is one which is more than prima facie case which is applied at the time of framing of charges – It will all depend upon the ev…
Supreme Court of India13 Sep 2021Full text
2021 INSC 469 · [2021] 15 S.C.R. 169
[2021] 15 S.C.R. 169 169 UNION OF INDIA & ORS. A v. VKC FOOTSTEPS INDIA PVT LTD. (Civil Appeal No. 4810 of 2021) SEPTEMBER 13, 2021 B [DR DHANANJAYA Y. CHANDRACHUD AND M. R. SHAH, JJ.] Central Goods and Services Tax Act, 2017 – ss. 54(3) and s.164 – Central Goods and Services Tax Rules, 2017 – r.89(5) – C Writ petition…
Supreme Court of India13 Sep 2021Full text
2021 INSC 467 · [2021] 6 S.C.R. 169
1.2. The ground which is often taken to oppose such a decree of divorce, apart from the absence of legislative mandate, E is that the very institution of marriage is distinctly understood in diferent countries. Under the Hindu Law, it is sacramental in character and is supposed to be an eternal union of two people - so…
Supreme Court of India13 Sep 2021Full text
2021 INSC 466 · [2021] 7 S.C.R. 787
B Dismissing the Appeals, the Court HELD: 1. The questions which are posed for consideration of this Court are : (i) Whether in the facts and circumstances of the case the Courts below have erred in taking annual increase at the rate of C 12% at the flat rate and not applying the cumulative rate? (ii) Whether in the fa…
Supreme Court of India9 Sep 2021Full text
2021 INSC 465 · [2021] 7 S.C.R. 768
768 SUPREME COURT[2021]REPORTS7 S.C.R. 768 [2021] 7 S.C.R. A JAIPUR ZILA DUGDH UTPADAK SAHKARI SANGH LIMITED & ORS. v. M/S AJAY SALES & SUPPLIERS B (Special Leave Petition (Civil) No.13520 of 2021) SEPTEMBER 09, 2021 [M. R. SHAH AND ANIRUDDHA BOSE, JJ.] Arbitration and Conciliation Act, 1996 – s.11 and sub-section (5) …
Supreme Court of India9 Sep 2021Full text
2021 INSC 464 · [2021] 5 S.C.R. 984
984 DELHI AIRPORT METRO EXPRESS PVT. LTD. v. DELHI METRO 985 RAIL CORPORATION LTD. Allowing Civil Appeal No.5627 of 2021 and dismissing Civil A Appeal No.5628 of 2021, the Court HELD: 1.1 A cumulative reading of the UNCITRAL Model Law and Rules, the legislative intent with which the Arbitration and Conciliation Act, 19…
Supreme Court of India9 Sep 2021Full text
2021 INSC 462 · [2021] 6 S.C.R. 154
154 SUPREME COURT[2021]REPORTS6 S.C.R. 154 [2021] 6 S.C.R. A SOUTH INDIAN BANK LTD. v. COMMISSIONER OF INCOME TAX (Civil Appeal No. 9606 of 2011) B SEPTEMBER 09, 2021 [SANJAY KISHAN KAUL AND HRISHIKESH ROY, JJ.] Income Tax Act, 1961 – s.14A – Interpretation of – Assessees are scheduled banks and in course of their bank…
Supreme Court of India9 Sep 2021Full text
2021 INSC 461 · [2021] 6 S.C.R. 109
overlooking important evidence and appreciating the record in its true perspective, and reversed the decree of the trial court – High Court, in second appeal proceeded to examine the documents in light of the evidence led and corrected the findings as it were u/s.103 – Impugned judgment of High Court does not expressly…
Supreme Court of India8 Sep 2021Full text
2021 INSC 460 · [2021] 9 S.C.R. 152
– Pending execution, proceedings were initiated against the first respondent before NCLT by operational creditor – Adjudicating Authority admitted s.9 petition following which the corporate insolvency resolution process was initiated and a moratorium was declared under s.14 of the IBC – This order of NCLT resulted in E…
Supreme Court of India29 Jan 2021Full text
2021 INSC 46 · [2021] 1 S.C.R. 782
HELD: 1. There is no dispute to the fact that in pursuance E of advertisement, both appellant and respondent No.4 had applied respectively for the post of Assistant Professor and Lecturer and Selection Committee recommended their appointment and Executive Council in the meeting dated 08.08.2005 approved the recommendat…
Supreme Court of India7 Sep 2021Full text
2021 INSC 458 · [2021] 6 S.C.R. 87
order passed by the High Court is unsustainable – High Court failed to note the circumstances under which right from the very beginning efforts were made to delay/derail the investigation – High Court also did not consider the seriousness of the offence and the gravity of the accusation against the accused and their an…
Supreme Court of India7 Sep 2021Full text
2021 INSC 457 · [2021] 6 S.C.R. 120
– It was contended that such conversion fee was in fact part of E the sale consideration to confer complete title to an allottee – Held: The appellant is not charging any fee for conversion of leasehold property into freehold property except the amount in accordance with the 1996 Rules – The amount so fixed under the R…
Supreme Court of India7 Sep 2021Full text
2021 INSC 452 · [2021] 6 S.C.R. 77
requirements of the the Employment Exchange (Compulsory Notification of Vacancies) Act, 1959. [Para 14][83-H; 84-A-B] 2. Fraudulent practice to gain public employment cannot be countenanced to be permitted by a Court of law. The workmen here, having hoodwinked the Government E Undertaking in a fraudulent manner, must b…
Supreme Court of India6 Sep 2021Full text
2021 INSC 450 · [2021] 6 S.C.R. 146
promotion as a result of the pendency of the proceedings – This line of reasoning which weighed with the Tribunal is plainly erroneous – Every delay in conducting a disciplinary enquiry does not, ipso facto, lead to the enquiry being vitiated – Whether prejudice is caused to the officer who is being enquired into is a …
Supreme Court of India28 Jan 2021Full text
2021 INSC 45 · [2021] 1 S.C.R. 460
Allowing the Review Petition, the Court HELD: 1.1 The rectification of an order emanates from the fundamental principles that justice is above all. In the G Constitution, substantive power to rectify or review the order by the Supreme Court has been specifically provided under Article 137 of the Constitution. The basic…
Supreme Court of India6 Sep 2021Full text
2021 INSC 449 · [2021] 13 S.C.R. 136
136 SUPREME COURT[2021]REPORTS13 S.C.R.136 [2021] 13 S.C.R. A M/S. INDSIL HYDRO POWER AND MANGANESE LIMITED v. STATE OF KERALA AND OTHERS (Civil Appeal Nos.9845-9846 of 2016) B SEPTEMBER 06, 2021 [UDAY UMESH LALIT AND VINEET SARAN, JJ.] Electricity: Hydel schemes for generation of electricity – Royalty for use of water…
Supreme Court of India6 Sep 2021Full text
2021 INSC 448 · [2021] 9 S.C.R. 117
filed by the petitioner was allowed by the Single Judge of the High Court and affirmed by the Division Bench of the High Court – On appeal, held: The dispute could not be raised by way of a writ petition on the disputed questions of fact – Though, the jurisdiction of the High Court is wide but in respect of pure contra…
Supreme Court of India6 Sep 2021Full text
2021 INSC 447 · [2021] 7 S.C.R. 685
– Held: The Pujari is only a grantee to manage the property of the deity and such grant can be reassumed if the Pujari fails to do the E task assigned to him, i.e., to offer prayers and manage the land – He cannot be thus treated as a Bhumiswami – The Pujari does not have any right in the land and his status is only th…
Supreme Court of India6 Sep 2021Full text
2021 INSC 446 · [2021] 5 S.C.R. 961
KERALA PUBLIC SERVICE COMMISSION v. K.N. 963 RADHAMANI & ORS. ETC.ETC. amendment of the rules the qualification under Rule 186 for A different categories of posts have to be decided based on pre-revision scales of pay. On this count, the Commission’s position is that it was not within the power of jurisdiction of the R…
Also on Law on Tips: Bare Acts · Legal news and analysis