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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.
4,221–4,240 · Page 212 of 500
Supreme Court of India24 Aug 2021Full text
2021 INSC 416 · [2021] 8 S.C.R. 513
Order passed by the High Court quashing the chargesheet/criminal proceedings for the offences u/ss. 420, 302 rw 109 qua respondent no.1 quashed and set aside. s. 482 – Stage of framing of charge while considering the discharge application – Principles which the High Court to keep in F mind while exercising jurisdiction…
Supreme Court of India24 Aug 2021Full text
2021 INSC 415 · [2021] 8 S.C.R. 501
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.
4,221–4,240 · Page 212 of 500
Supreme Court of India24 Aug 2021Full text
2021 INSC 416 · [2021] 8 S.C.R. 513
Order passed by the High Court quashing the chargesheet/criminal proceedings for the offences u/ss. 420, 302 rw 109 qua respondent no.1 quashed and set aside. s. 482 – Stage of framing of charge while considering the discharge application – Principles which the High Court to keep in F mind while exercising jurisdiction…
Supreme Court of India24 Aug 2021Full text
2021 INSC 415 · [2021] 8 S.C.R. 501
[2021] 8 S.C.R. 501 501 LALA @ANURAG PRAKASH AASRE A v. THE STATE OF MAHARASHTRA (Criminal Appeal No. 540 of 2018) AUGUST 24, 2021 B [SANJAY KISHAN KAUL AND HRISHIKESH ROY, JJ.] Penal Code, 1860: ss. 302, 120B, 147, 148 and 324 – Unlawful assembly with common object of causing death – C Prosecution case that dispute be…
Supreme Court of India19 Aug 2021Full text
2021 INSC 414 · [2021] 8 S.C.R. 537
1950, identifying castes/tribes whereby benefit extended to members of SC/ST throughout the integrated State of Bihar – Subsequently State of Bihar bifurcated into two successor States, State of Bihar and State of Jharkhand with rights and privileges to the extent being protected by 2000 Act – Said persons, if could st…
Supreme Court of India18 Aug 2021Full text
2021 INSC 413 · [2021] 8 S.C.R. 451
451 452 SUPREME COURT REPORTS [2021] 8 S.C.R. A Constitution of India: Art. 142 – Power under – Scope of – Benefit of the instant appeal to co-accused who has not come up on appeal – Denial of – Held: Denial of the benefit of the conclusion of the matter in the appeal, to the said co-accused merely on the ground of a t…
Supreme Court of India18 Aug 2021Full text
2021 INSC 412 · [2021] 8 S.C.R. 895
Consumer Protection Act, 1986 – s.24A – Cause of action – Held: s.24A indicates that the complaint is required to be filed within H 895 896 SUPREME COURT REPORTS [2021] 8 S.C.R. A two years from the date on which the cause of action arises – Cause of action will remain flexible and is to be gathered from the facts of e…
Supreme Court of India17 Aug 2021Full text
2021 INSC 411 · [2021] 8 S.C.R. 1006
1.3 In the light of this position, it was not at all permissible for the Glocal Medical College to have conducted private counselling. The admissions which were conducted through the said private counselling cannot be termed as anything else but Dper se illegal. Though there is sympathy with the students, but this Cour…
Supreme Court of India17 Aug 2021Full text
2021 INSC 410 · [2021] 8 S.C.R. 167
Subsequently, appellant’s claim for regularization rejected – Appellant filed another writ petition before the High Court, wherein the Single Judge allowed her writ petition holding that since the earlier order of the Single Judge attained finality, refusal to apply Regularisation Rules, 2001 was unlawful – In terms th…
Supreme Court of India17 Aug 2021Full text
2021 INSC 408 · [2021] 8 S.C.R. 529
H HEMRAJ RATNAKAR SALIAN v. HDFC BANK LTD. & ORS. 531 Garvesh Kabra, Adv. for the Appellant. A Ateev Mathur, Gagan Gupta, Ms. Jagriti Ahuja, Harshvardhan Jha, Mrs. Yugandhara Pawar Jha, Aman Pathak, Advs. for the Respondents. The Judgment of the Court was delivered by B S.ABDUL NAZEER, J. 1. Leave granted. 2. These app…
Supreme Court of India17 Aug 2021Full text
2021 INSC 407 · [2021] 8 S.C.R. 481
H 481 482 SUPREME COURT REPORTS [2021] 8 S.C.R. A Redemption – Equity of Redemption – Meaning of – Held: Equity of redemption means a right to redeem the property based upon equitable principles – Right of redemption recognised under the Act is a statutory and legal right which cannot be extinguished – Equity of redemp…
Supreme Court of India17 Aug 2021Full text
2021 INSC 406 · [2021] 8 S.C.R. 212
Allowing the appeal, the Court HELD: 1.1 In allowing the appeal of the probate applicant, the High Court referred to the health condition of the testator-R who suffered from paralysis before his death and had opined that G it would not be possible for the testator to visit the Sub-Registrar’s Office, to cancel the Will…
Supreme Court of India17 Aug 2021Full text
2021 INSC 405 · [2021] 8 S.C.R. 225
land – On appeal, held: Use of land as club for a pavilion is in interest of section of the public, thus, land let out to a club which for the purpose of construction and use of pavilion falls within the scope of s. 2(f) of the Act – High Court erred in holding that the land let out to the club used for pavilion is not…
Supreme Court of India17 Aug 2021Full text
2021 INSC 404 · [2021] 5 S.C.R. 939
Service Law –Objection to eligibility criteria–Kerala Education Rules, 1959 – Chapter XXXI – Clause 2(2)(a)– Legality Ed. Note : Name of the respondent(s) in the cause title as corrected vide subsequent order dated 28th January, 2022. H 939 940 SUPREME COURT REPORTS [2021] 5 S.C.R. A of introducing specific subjects in…
Supreme Court of India16 Aug 2021Full text
2021 INSC 403 · [2021] 8 S.C.R. 469
herefore, while the claim for personal injuries may not have survived after the death of the injured unrelated to the accident or in…
Supreme Court of India13 Aug 2021Full text
2021 INSC 402 · [2021] 8 S.C.R. 408
proceedings in exercise of powers u/s. 482 is quashed and set aside. s. 482 – Power under – Scope and limit of – Discussed. Allowing the appeal, the Court HELD: 1.1 The High Court exceeded its jurisdiction in G quashing the criminal proceedings in exercise of powers under Section 482 Cr.P.C. [Para 9.3][419-D-E] 1.2 The…
Supreme Court of India13 Aug 2021Full text
2021 INSC 401 · [2021] 8 S.C.R. 422
Arijit Prasad, Sr. Adv., Sanjay Kumar Visen, Bhanwar Jadon, B Ms. Adira A. Nair, Advs. for the Appellants. Vikramjit Banerjee, ASG, M. P. Gupta, Bhakti Vardhan Singh, Mohan Prasad Gupta, P. S. Sudhir, Ms. Priyanka Das, Amrish Kumar, Vaibhav Agnihotri, Ms. Supriya Juneja, Advs. for the Respondents. The Judgment of the C…
Supreme Court of India13 Aug 2021Full text
2021 INSC 400 · [2021] 8 S.C.R. 151
H 151 152 SUPREME COURT REPORTS [2021] 8 S.C.R. A Allowing the appeal, the Court HELD: 1.1 The intention of the parties has to be seen when the document is executed. It is not in dispute that the condition of re-transfer is a part of the same document. Such condition is in terms of an amendment inserted by the proviso …
Supreme Court of India5 Jan 2021Full text
2021 INSC 4 · [2021] 15 S.C.R. 283
Committee (HCC) and order passed by the Expert Appraisal Committee (EAC) – However on aspects of Notice inviting Bid, award of consultancy and the order of the Urban Arts Commission, as a standalone and independent order, there is no disagreement – Final notification of modification /change of the land use dated 28th M…
Supreme Court of India11 Aug 2021Full text
2021 INSC 397 · [2021] 8 S.C.R. 237
s. 43 – Object of – Explaination of. H 237 238 SUPREME COURT REPORTS [2021] 8 S.C.R. A Allowing the appeals, the Court HELD: 1.1 The object of Section 43B of the Income Tax Act, 1961, as originally enacted, is to allow certain deductions only on actual payment. This is made clear by the non-obstante clause contained in…
Supreme Court of India11 Aug 2021Full text
2021 INSC 396 · [2021] 8 S.C.R. 439
– Thus, the cut-off date fiXed by this Court in Maa Vaishno Devi F Mahila Mahavidyalaya’s case is eXtended in the facts of these cases -Petitioners entitled to grant of recognition from the Academic Session 2021-2022 instead of Academic Session 2022-2023 – National Council for Teacher Education (Recognition, Norms and …
Supreme Court of India10 Aug 2021Full text
2021 INSC 395 · [2021] 8 S.C.R. 938
938 PRATAP TECHNOCRATS (P) LTD. v. MONITORING COMMITTEE OF 939 RELIANCE INFRATEL LTD. Debtor; and that the liquidation value due to the unsecured A operational creditors would remain nil – Jurisdiction of the Adjudicating Authority was confined by the provisions of s. 31(1) to determine whether the requirements of s. 3…
Also on Law on Tips: Bare Acts · Legal news and analysis
[2021] 8 S.C.R. 501 501 LALA @ANURAG PRAKASH AASRE A v. THE STATE OF MAHARASHTRA (Criminal Appeal No. 540 of 2018) AUGUST 24, 2021 B [SANJAY KISHAN KAUL AND HRISHIKESH ROY, JJ.] Penal Code, 1860: ss. 302, 120B, 147, 148 and 324 – Unlawful assembly with common object of causing death – C Prosecution case that dispute be…
Supreme Court of India19 Aug 2021Full text
2021 INSC 414 · [2021] 8 S.C.R. 537
1950, identifying castes/tribes whereby benefit extended to members of SC/ST throughout the integrated State of Bihar – Subsequently State of Bihar bifurcated into two successor States, State of Bihar and State of Jharkhand with rights and privileges to the extent being protected by 2000 Act – Said persons, if could st…
Supreme Court of India18 Aug 2021Full text
2021 INSC 413 · [2021] 8 S.C.R. 451
451 452 SUPREME COURT REPORTS [2021] 8 S.C.R. A Constitution of India: Art. 142 – Power under – Scope of – Benefit of the instant appeal to co-accused who has not come up on appeal – Denial of – Held: Denial of the benefit of the conclusion of the matter in the appeal, to the said co-accused merely on the ground of a t…
Supreme Court of India18 Aug 2021Full text
2021 INSC 412 · [2021] 8 S.C.R. 895
Consumer Protection Act, 1986 – s.24A – Cause of action – Held: s.24A indicates that the complaint is required to be filed within H 895 896 SUPREME COURT REPORTS [2021] 8 S.C.R. A two years from the date on which the cause of action arises – Cause of action will remain flexible and is to be gathered from the facts of e…
Supreme Court of India17 Aug 2021Full text
2021 INSC 411 · [2021] 8 S.C.R. 1006
1.3 In the light of this position, it was not at all permissible for the Glocal Medical College to have conducted private counselling. The admissions which were conducted through the said private counselling cannot be termed as anything else but Dper se illegal. Though there is sympathy with the students, but this Cour…
Supreme Court of India17 Aug 2021Full text
2021 INSC 410 · [2021] 8 S.C.R. 167
Subsequently, appellant’s claim for regularization rejected – Appellant filed another writ petition before the High Court, wherein the Single Judge allowed her writ petition holding that since the earlier order of the Single Judge attained finality, refusal to apply Regularisation Rules, 2001 was unlawful – In terms th…
Supreme Court of India17 Aug 2021Full text
2021 INSC 408 · [2021] 8 S.C.R. 529
H HEMRAJ RATNAKAR SALIAN v. HDFC BANK LTD. & ORS. 531 Garvesh Kabra, Adv. for the Appellant. A Ateev Mathur, Gagan Gupta, Ms. Jagriti Ahuja, Harshvardhan Jha, Mrs. Yugandhara Pawar Jha, Aman Pathak, Advs. for the Respondents. The Judgment of the Court was delivered by B S.ABDUL NAZEER, J. 1. Leave granted. 2. These app…
Supreme Court of India17 Aug 2021Full text
2021 INSC 407 · [2021] 8 S.C.R. 481
H 481 482 SUPREME COURT REPORTS [2021] 8 S.C.R. A Redemption – Equity of Redemption – Meaning of – Held: Equity of redemption means a right to redeem the property based upon equitable principles – Right of redemption recognised under the Act is a statutory and legal right which cannot be extinguished – Equity of redemp…
Supreme Court of India17 Aug 2021Full text
2021 INSC 406 · [2021] 8 S.C.R. 212
Allowing the appeal, the Court HELD: 1.1 In allowing the appeal of the probate applicant, the High Court referred to the health condition of the testator-R who suffered from paralysis before his death and had opined that G it would not be possible for the testator to visit the Sub-Registrar’s Office, to cancel the Will…
Supreme Court of India17 Aug 2021Full text
2021 INSC 405 · [2021] 8 S.C.R. 225
land – On appeal, held: Use of land as club for a pavilion is in interest of section of the public, thus, land let out to a club which for the purpose of construction and use of pavilion falls within the scope of s. 2(f) of the Act – High Court erred in holding that the land let out to the club used for pavilion is not…
Supreme Court of India17 Aug 2021Full text
2021 INSC 404 · [2021] 5 S.C.R. 939
Service Law –Objection to eligibility criteria–Kerala Education Rules, 1959 – Chapter XXXI – Clause 2(2)(a)– Legality Ed. Note : Name of the respondent(s) in the cause title as corrected vide subsequent order dated 28th January, 2022. H 939 940 SUPREME COURT REPORTS [2021] 5 S.C.R. A of introducing specific subjects in…
Supreme Court of India16 Aug 2021Full text
2021 INSC 403 · [2021] 8 S.C.R. 469
herefore, while the claim for personal injuries may not have survived after the death of the injured unrelated to the accident or in…
Supreme Court of India13 Aug 2021Full text
2021 INSC 402 · [2021] 8 S.C.R. 408
proceedings in exercise of powers u/s. 482 is quashed and set aside. s. 482 – Power under – Scope and limit of – Discussed. Allowing the appeal, the Court HELD: 1.1 The High Court exceeded its jurisdiction in G quashing the criminal proceedings in exercise of powers under Section 482 Cr.P.C. [Para 9.3][419-D-E] 1.2 The…
Supreme Court of India13 Aug 2021Full text
2021 INSC 401 · [2021] 8 S.C.R. 422
Arijit Prasad, Sr. Adv., Sanjay Kumar Visen, Bhanwar Jadon, B Ms. Adira A. Nair, Advs. for the Appellants. Vikramjit Banerjee, ASG, M. P. Gupta, Bhakti Vardhan Singh, Mohan Prasad Gupta, P. S. Sudhir, Ms. Priyanka Das, Amrish Kumar, Vaibhav Agnihotri, Ms. Supriya Juneja, Advs. for the Respondents. The Judgment of the C…
Supreme Court of India13 Aug 2021Full text
2021 INSC 400 · [2021] 8 S.C.R. 151
H 151 152 SUPREME COURT REPORTS [2021] 8 S.C.R. A Allowing the appeal, the Court HELD: 1.1 The intention of the parties has to be seen when the document is executed. It is not in dispute that the condition of re-transfer is a part of the same document. Such condition is in terms of an amendment inserted by the proviso …
Supreme Court of India5 Jan 2021Full text
2021 INSC 4 · [2021] 15 S.C.R. 283
Committee (HCC) and order passed by the Expert Appraisal Committee (EAC) – However on aspects of Notice inviting Bid, award of consultancy and the order of the Urban Arts Commission, as a standalone and independent order, there is no disagreement – Final notification of modification /change of the land use dated 28th M…
Supreme Court of India11 Aug 2021Full text
2021 INSC 397 · [2021] 8 S.C.R. 237
s. 43 – Object of – Explaination of. H 237 238 SUPREME COURT REPORTS [2021] 8 S.C.R. A Allowing the appeals, the Court HELD: 1.1 The object of Section 43B of the Income Tax Act, 1961, as originally enacted, is to allow certain deductions only on actual payment. This is made clear by the non-obstante clause contained in…
Supreme Court of India11 Aug 2021Full text
2021 INSC 396 · [2021] 8 S.C.R. 439
– Thus, the cut-off date fiXed by this Court in Maa Vaishno Devi F Mahila Mahavidyalaya’s case is eXtended in the facts of these cases -Petitioners entitled to grant of recognition from the Academic Session 2021-2022 instead of Academic Session 2022-2023 – National Council for Teacher Education (Recognition, Norms and …
Supreme Court of India10 Aug 2021Full text
2021 INSC 395 · [2021] 8 S.C.R. 938
938 PRATAP TECHNOCRATS (P) LTD. v. MONITORING COMMITTEE OF 939 RELIANCE INFRATEL LTD. Debtor; and that the liquidation value due to the unsecured A operational creditors would remain nil – Jurisdiction of the Adjudicating Authority was confined by the provisions of s. 31(1) to determine whether the requirements of s. 3…
Also on Law on Tips: Bare Acts · Legal news and analysis