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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.
4,241–4,260 · Page 213 of 500
Supreme Court of India10 Aug 2021Full text
2021 INSC 394 · [2021] 8 S.C.R. 109
G Allowing the appeal, the Court HELD: 1.1 Perusal of the ss. 8 and 9 of the Insolvency and Bankruptcy Code, 2016 would reveal that an “Operational Creditor”, on the occurrence of default, is required to deliver a “Demand Notice” of unpaid “Operational Debt” or a copy of H 109 110 SUPREME COURT REPORTS [2021] 8 S.C.R. …
Supreme Court of India10 Aug 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.
4,241–4,260 · Page 213 of 500
Supreme Court of India10 Aug 2021Full text
2021 INSC 394 · [2021] 8 S.C.R. 109
G Allowing the appeal, the Court HELD: 1.1 Perusal of the ss. 8 and 9 of the Insolvency and Bankruptcy Code, 2016 would reveal that an “Operational Creditor”, on the occurrence of default, is required to deliver a “Demand Notice” of unpaid “Operational Debt” or a copy of H 109 110 SUPREME COURT REPORTS [2021] 8 S.C.R. …
Supreme Court of India10 Aug 2021Full text
2021 INSC 393 · [2021] 8 S.C.R. 135
G Allowing the appeal, the Court HELD: 1.1 The links in the chain of circumstances is necessary to be established for conviction on the basis of circumstantial evidence. The mere suspicion would not be sufficient, unless the circumstantial evidence tendered by the H 135 136 SUPREME COURT REPORTS [2021] 8 S.C.R. A prose…
Supreme Court of India10 Aug 2021Full text
2021 INSC 392 · [2021] 7 S.C.R. 957
957 958 SUPREME COURT REPORTS [2021] 7 S.C.R. A cannot be bound by an award made under such agreement, is outside the literal construction of s. 48(1)(a) – Non-signatory’s objection cannot possibly fit into s. 48(1)(a) – Application of the alter ego doctrine under Delaware law would depend primarily upon the Arbitrator…
Supreme Court of India10 Aug 2021Full text
2021 INSC 390 · [2021] 8 S.C.R. 92
G Allowing the appeal, the Court HELD: 1.1 A bare perusal of Section 9 CPC indicates that the courts shall have jurisdiction to try all suits of civil nature excepting suits of which their cognizance is either expressly or impliedly barred. Though in the instant case, the issue had not H 92 RATUL MAHANTA V. NIRMALENDU …
Supreme Court of India22 Jan 2021Full text
2021 INSC 39 · [2021] 1 S.C.R. 144
Dismissing the appeal, the Court HELD : 1. On considering the communication dated F 20.04.2004 rejecting the application of the employee for voluntary retirement, it does not reflect any compliance of Sub-Regulation 3(b) of Regulation 29. As such, no reasons whatsoever have been assigned/given except stating that the r…
Supreme Court of India10 Aug 2021Full text
2021 INSC 389 · [2021] 8 S.C.R. 184
1.2 The order of permitting SC as partner with PK has come to an end by efflux of time and operation of law. In terms of section 42(c) of the Partnership Act, partnership stands dissolved by death of a partner. One of the partners i.e., PK died on 21.05.2004. The High Court has not taken note of such fact in the review…
Supreme Court of India10 Aug 2021Full text
2021 INSC 388 · [2021] 7 S.C.R. 890
passed in **Rambabu Singh Thakur’s case – Allegation that there has been wilful disobedience of Court’s order by various political parties during the Bihar Assembly Elections-2020, as regards publication and declaration of criminal antecedents by various political parties of their candidates – Prior thereto, directions…
Supreme Court of India9 Aug 2021Full text
2021 INSC 387 · [2021] 8 S.C.R. 387
388 SUPREME COURT REPORTS [2021] 8 S.C.R. A Or. 7 r. 11 – Rejection of plaint – Application u/Or. 7 r. 11 – Guiding principles to decide – Stated. s. 11 – Res judicata – Rule of res judicata – Held: Court shall not try any suit or issue in which the matter that is directly in issue has been directly or indirectly heard…
Supreme Court of India9 Aug 2021Full text
2021 INSC 386 · [2021] 8 S.C.R. 370
the undertaking; and whether the filing of the undertaking was with a view to play fraud upon the court or to mislead the opposite party – Series of acts committed by the petitioners, subsequent to the undertaking given by the petitioners, convinced the High Court to believe that the undertaking given was not based upo…
Supreme Court of India6 Aug 2021Full text
2021 INSC 385 · [2021] 4 S.C.R. 771
in accordance with institutional rules which can include Emergency Arbitrators delivering interim orders, described as “awards” – Such orders aid of decongesting the civil courts and affording expeditious interim relief to the parties – Such orders are referable to and are made u/s. 17(1) –Arbitration Rules of the Sing…
Supreme Court of India5 Aug 2021Full text
2021 INSC 384 · [2021] 8 S.C.R. 1020
possession of the first respondent over the land – On appeal, held: Purported transfer of the suit land by erstwhile owner to the first respondent was before the Repeal Act was enacted – Dual conditions stipulated u/s. 5(3) were not fulfilled before the transfer was made since the statement u/s. 6 had not been submitte…
Supreme Court of India5 Aug 2021Full text
2021 INSC 383 · [2021] 8 S.C.R. 432
pay interest on solatium from the date the 1st respondent was deprived of her possession – The dispute in question which arises for consideration is whether interest is payable on solatium from the date possession was taken from the 1st respondent – The physical possession was taken on 16.06.1990 – The contention of th…
Supreme Court of India5 Aug 2021Full text
2021 INSC 382 · [2021] 8 S.C.R. 194
Government officer granted time to hand over vacant physical possession of the premises, after 15 years of his attaining the age of superannuation – Public Premises (Eviction of Unauthorised Occupant) Act, 1971. Art. 142 – Applicability of the case of J.L. Koul v. State of G Jammu & Kashmir – Direction in J.L. Koul’s c…
Supreme Court of India4 Aug 2021Full text
2021 INSC 381 · [2021] 8 S.C.R. 352
352 SUPREME COURT[2021]REPORTS8 S.C.R. 352 [2021] 8 S.C.R. A M/S. CHEMINOVA INDIA LTD. & ANR. v. STATE OF PUNJAB & ANR. (Criminal Appeal No.749 of 2021) B AUGUST 04, 2021 [NAVIN SINHA AND R. SUBHASH REDDY, JJ.] Code of Criminal Procedure, 1973: s.469 – Commencement of period of limitation – Complaint of misbranding – S…
Supreme Court of India4 Aug 2021Full text
2021 INSC 381 · [2021] 8 S.C.R. 360
360 M/S CHEMINOVA INDIA LIMITED & ANR. v. STATE OF 361 PUNJAB AND ORS. evident from a perusal of proviso to s.200 of the Code – Object of A holding an inquiry/investigation before taking cognizance, in cases where accused resides outside the territorial jurisdiction of such Magistrate, is to ensure that innocents are n…
Supreme Court of India4 Aug 2021Full text
2021 INSC 380 · [2021] 8 S.C.R. 1061
– Thereafter, in 2018, Bank filed petition u/s. 7 of the IBC – Within three months, Bank filed application to place on record additional documents, recovery order and recovery certificate which was E allowed – Another application allowed to place on record letter of the corporate debtor proposing one time settlement, a…
Supreme Court of India21 Jan 2021Full text
2021 INSC 38 · [2021] 1 S.C.R. 264
Siddharth Luthra, Sr. Adv., Sahil Bhalaik, Tushar Giri, Ms. Sakshi BSharma, Md. Tahir, Md. Akhil, Ayush Kaushik, Ms. Ankita Tiwari, Lakshy Mehta, Mayank Jain, Parmatma Singh, Madhur Jain, Advs. for the Appellant. Tushar Mehta, SG, Shubhranshu Padhi, Ashish Yadav, Rakshit Jain, Vishal Banshal, Advs. for the Respondent. …
Supreme Court of India4 Aug 2021Full text
2021 INSC 379 · [2021] 8 S.C.R. 911
[2021] 8 S.C.R. 911 911 SURAJDEO MAHTO AND ANR. A v. THE STATE OF BIHAR (Criminal Appeal No. 1677 of 2011) AUGUST 04, 2021 B [N. V. RAMANA, CJI, SURYA KANT AND ANIRUDDHA BOSE, JJ.] Evidence: Circumstantial evidence – Conviction on basis of – Permissibility of – On facts, prosecution case that appellant no. 1 C lured th…
Supreme Court of India3 Aug 2021Full text
2021 INSC 378 · [2021] 8 S.C.R. 345
was working with the appellants – Challenged by appellant-Department on the ground that father of respondent was not regular employee and was merely granted equivalent benefits on the principle of ‘equal pay for equal work’ and therefore, respondent was not entitled to the benefit of compassionate appointment – Held: T…
Supreme Court of India3 Aug 2021Full text
2021 INSC 377 · [2021] 8 S.C.R. 320
of the State Government to grant remission were decided, inter alia, directing the State to consider the feasibility of drafting a fresh policy particularly in respect of exercise of powers conferred u/Art 161; that such policy may have retrospective operation, provided the same does not lead to discrimination amongst …
Also on Law on Tips: Bare Acts · Legal news and analysis
2021 INSC 393 · [2021] 8 S.C.R. 135
G Allowing the appeal, the Court HELD: 1.1 The links in the chain of circumstances is necessary to be established for conviction on the basis of circumstantial evidence. The mere suspicion would not be sufficient, unless the circumstantial evidence tendered by the H 135 136 SUPREME COURT REPORTS [2021] 8 S.C.R. A prose…
Supreme Court of India10 Aug 2021Full text
2021 INSC 392 · [2021] 7 S.C.R. 957
957 958 SUPREME COURT REPORTS [2021] 7 S.C.R. A cannot be bound by an award made under such agreement, is outside the literal construction of s. 48(1)(a) – Non-signatory’s objection cannot possibly fit into s. 48(1)(a) – Application of the alter ego doctrine under Delaware law would depend primarily upon the Arbitrator…
Supreme Court of India10 Aug 2021Full text
2021 INSC 390 · [2021] 8 S.C.R. 92
G Allowing the appeal, the Court HELD: 1.1 A bare perusal of Section 9 CPC indicates that the courts shall have jurisdiction to try all suits of civil nature excepting suits of which their cognizance is either expressly or impliedly barred. Though in the instant case, the issue had not H 92 RATUL MAHANTA V. NIRMALENDU …
Supreme Court of India22 Jan 2021Full text
2021 INSC 39 · [2021] 1 S.C.R. 144
Dismissing the appeal, the Court HELD : 1. On considering the communication dated F 20.04.2004 rejecting the application of the employee for voluntary retirement, it does not reflect any compliance of Sub-Regulation 3(b) of Regulation 29. As such, no reasons whatsoever have been assigned/given except stating that the r…
Supreme Court of India10 Aug 2021Full text
2021 INSC 389 · [2021] 8 S.C.R. 184
1.2 The order of permitting SC as partner with PK has come to an end by efflux of time and operation of law. In terms of section 42(c) of the Partnership Act, partnership stands dissolved by death of a partner. One of the partners i.e., PK died on 21.05.2004. The High Court has not taken note of such fact in the review…
Supreme Court of India10 Aug 2021Full text
2021 INSC 388 · [2021] 7 S.C.R. 890
passed in **Rambabu Singh Thakur’s case – Allegation that there has been wilful disobedience of Court’s order by various political parties during the Bihar Assembly Elections-2020, as regards publication and declaration of criminal antecedents by various political parties of their candidates – Prior thereto, directions…
Supreme Court of India9 Aug 2021Full text
2021 INSC 387 · [2021] 8 S.C.R. 387
388 SUPREME COURT REPORTS [2021] 8 S.C.R. A Or. 7 r. 11 – Rejection of plaint – Application u/Or. 7 r. 11 – Guiding principles to decide – Stated. s. 11 – Res judicata – Rule of res judicata – Held: Court shall not try any suit or issue in which the matter that is directly in issue has been directly or indirectly heard…
Supreme Court of India9 Aug 2021Full text
2021 INSC 386 · [2021] 8 S.C.R. 370
the undertaking; and whether the filing of the undertaking was with a view to play fraud upon the court or to mislead the opposite party – Series of acts committed by the petitioners, subsequent to the undertaking given by the petitioners, convinced the High Court to believe that the undertaking given was not based upo…
Supreme Court of India6 Aug 2021Full text
2021 INSC 385 · [2021] 4 S.C.R. 771
in accordance with institutional rules which can include Emergency Arbitrators delivering interim orders, described as “awards” – Such orders aid of decongesting the civil courts and affording expeditious interim relief to the parties – Such orders are referable to and are made u/s. 17(1) –Arbitration Rules of the Sing…
Supreme Court of India5 Aug 2021Full text
2021 INSC 384 · [2021] 8 S.C.R. 1020
possession of the first respondent over the land – On appeal, held: Purported transfer of the suit land by erstwhile owner to the first respondent was before the Repeal Act was enacted – Dual conditions stipulated u/s. 5(3) were not fulfilled before the transfer was made since the statement u/s. 6 had not been submitte…
Supreme Court of India5 Aug 2021Full text
2021 INSC 383 · [2021] 8 S.C.R. 432
pay interest on solatium from the date the 1st respondent was deprived of her possession – The dispute in question which arises for consideration is whether interest is payable on solatium from the date possession was taken from the 1st respondent – The physical possession was taken on 16.06.1990 – The contention of th…
Supreme Court of India5 Aug 2021Full text
2021 INSC 382 · [2021] 8 S.C.R. 194
Government officer granted time to hand over vacant physical possession of the premises, after 15 years of his attaining the age of superannuation – Public Premises (Eviction of Unauthorised Occupant) Act, 1971. Art. 142 – Applicability of the case of J.L. Koul v. State of G Jammu & Kashmir – Direction in J.L. Koul’s c…
Supreme Court of India4 Aug 2021Full text
2021 INSC 381 · [2021] 8 S.C.R. 352
352 SUPREME COURT[2021]REPORTS8 S.C.R. 352 [2021] 8 S.C.R. A M/S. CHEMINOVA INDIA LTD. & ANR. v. STATE OF PUNJAB & ANR. (Criminal Appeal No.749 of 2021) B AUGUST 04, 2021 [NAVIN SINHA AND R. SUBHASH REDDY, JJ.] Code of Criminal Procedure, 1973: s.469 – Commencement of period of limitation – Complaint of misbranding – S…
Supreme Court of India4 Aug 2021Full text
2021 INSC 381 · [2021] 8 S.C.R. 360
360 M/S CHEMINOVA INDIA LIMITED & ANR. v. STATE OF 361 PUNJAB AND ORS. evident from a perusal of proviso to s.200 of the Code – Object of A holding an inquiry/investigation before taking cognizance, in cases where accused resides outside the territorial jurisdiction of such Magistrate, is to ensure that innocents are n…
Supreme Court of India4 Aug 2021Full text
2021 INSC 380 · [2021] 8 S.C.R. 1061
– Thereafter, in 2018, Bank filed petition u/s. 7 of the IBC – Within three months, Bank filed application to place on record additional documents, recovery order and recovery certificate which was E allowed – Another application allowed to place on record letter of the corporate debtor proposing one time settlement, a…
Supreme Court of India21 Jan 2021Full text
2021 INSC 38 · [2021] 1 S.C.R. 264
Siddharth Luthra, Sr. Adv., Sahil Bhalaik, Tushar Giri, Ms. Sakshi BSharma, Md. Tahir, Md. Akhil, Ayush Kaushik, Ms. Ankita Tiwari, Lakshy Mehta, Mayank Jain, Parmatma Singh, Madhur Jain, Advs. for the Appellant. Tushar Mehta, SG, Shubhranshu Padhi, Ashish Yadav, Rakshit Jain, Vishal Banshal, Advs. for the Respondent. …
Supreme Court of India4 Aug 2021Full text
2021 INSC 379 · [2021] 8 S.C.R. 911
[2021] 8 S.C.R. 911 911 SURAJDEO MAHTO AND ANR. A v. THE STATE OF BIHAR (Criminal Appeal No. 1677 of 2011) AUGUST 04, 2021 B [N. V. RAMANA, CJI, SURYA KANT AND ANIRUDDHA BOSE, JJ.] Evidence: Circumstantial evidence – Conviction on basis of – Permissibility of – On facts, prosecution case that appellant no. 1 C lured th…
Supreme Court of India3 Aug 2021Full text
2021 INSC 378 · [2021] 8 S.C.R. 345
was working with the appellants – Challenged by appellant-Department on the ground that father of respondent was not regular employee and was merely granted equivalent benefits on the principle of ‘equal pay for equal work’ and therefore, respondent was not entitled to the benefit of compassionate appointment – Held: T…
Supreme Court of India3 Aug 2021Full text
2021 INSC 377 · [2021] 8 S.C.R. 320
of the State Government to grant remission were decided, inter alia, directing the State to consider the feasibility of drafting a fresh policy particularly in respect of exercise of powers conferred u/Art 161; that such policy may have retrospective operation, provided the same does not lead to discrimination amongst …
Also on Law on Tips: Bare Acts · Legal news and analysis