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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.
4,261–4,280 · Page 214 of 500
Supreme Court of India3 Aug 2021Full text
2021 INSC 376 · [2021] 8 S.C.R. 79
paying the applicants their due salary and benefits, while their counterparts in CHS received salary and benefits in full, is discriminatory – State cannot plead financial burden to deny salary for the legally serving doctors, else it would violate their rights u/ Arts. 14, 21 and 23 – Thus, applicants entitled to thei…
Supreme Court of India3 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.
4,261–4,280 · Page 214 of 500
Supreme Court of India3 Aug 2021Full text
2021 INSC 376 · [2021] 8 S.C.R. 79
paying the applicants their due salary and benefits, while their counterparts in CHS received salary and benefits in full, is discriminatory – State cannot plead financial burden to deny salary for the legally serving doctors, else it would violate their rights u/ Arts. 14, 21 and 23 – Thus, applicants entitled to thei…
Supreme Court of India3 Aug 2021Full text
2021 INSC 375 · [2021] 8 S.C.R. 63
available on record has been analysed in its correct perspective and an appropriate conclusion has been reached by the Wakf tribunal – High Court did not adhere to the norm of limited scope available in a Revision Petition – Further the order by the High Court to hold that the suit was not maintainable before the tribu…
Supreme Court of India3 Aug 2021Full text
2021 INSC 374 · [2021] 8 S.C.R. 297
High Court to register a complaint u/s. 193 IPC against the Returning Officer for the said election, for giving false evidence before the Court – On appeal, held: Mere reference to inconsistent statements alone not sufficient to take action unless a definite finding is given that they are irreconcilable; one is opposed…
Supreme Court of India3 Aug 2021Full text
2021 INSC 373 · [2021] 5 S.C.R. 927
H HDFC ERGO GENERAL INSURANCE CO. LTD. v. MUKESH 929 KUMAR & ORS. With A Civil Appeal No.4577 Of 2021 V. Giri, Sr. Adv., Ms. Archana Pathak Dave, Ms. Vanya Gupta, Kumar Prashant, Karan Lahiri, Pallav Mongia, Shailender Reddy, Ms. Ankita Gupta, Advs. for the Appellant. B Jayesh K. Unnikrishnan, Ms. Sasmita Tripathy, Dil…
Supreme Court of India2 Aug 2021Full text
2021 INSC 372 · [2021] 8 S.C.R. 314
UDAY UMESH LALIT, J. 1. The instant petition under Article 32 of the Constitution of India has been filed seeking appropriate writ,order or direction in the nature of B Certiorari quashing :- a) the recommendation dated 14.12.2020 made by the Full Court of the High Court1 recommending compulsory retirement of the petit…
Supreme Court of India2 Aug 2021Full text
2021 INSC 371 · [2021] 8 S.C.R. 978
detention – Dismissed by the High Court – On appeal, held: Mere contravention of law such as indulging in cheating or criminal breach of trust certainly affects ‘law and order’ but to affect ‘public order’, it must affect the community or the public at large – Allegation in the FIRs pertain to the realm of ‘law and ord…
Supreme Court of India2 Aug 2021Full text
2021 INSC 370 · [2021] 8 S.C.R. 1140
Court judgments were apparently made based on the personal perception of the Judge – Before recording the adverse comments, counsel was not given any opportunity to put forth his explanation – Such condemnation of the counsel, without giving him an opportunity of being heard would be a negation of the principles D of a…
Supreme Court of India21 Jan 2021Full text
2021 INSC 37 · [2021] 2 S.C.R. 314
Dismissing the petition, the Court HELD: 1. The gravamen of the allegations against the F petitioner pertain to violation of the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (PC & PNDT Act). Section 6 prohibits the use of pre-natal diagnostic techn…
Supreme Court of India2 Aug 2021Full text
2021 INSC 369 · [2021] 8 S.C.R. 31
32 SUPREME COURT REPORTS [2021] 8 S.C.R. A N. Venkataraman, ASG, Ms. Anil Katiyar, Arjun Garg, Ms. Vimla Sinha, Advs. for the Appellant. Rana Mukherjee, Sr. Adv., Abhijit Sengupta, Dibyadyuti Banerjee, Advs. for the Respondent. The Judgment of the Court was delivered: B UDAY UMESH LALIT, J. 1. This appeal challenges th…
Supreme Court of India28 Jul 2021Full text
2021 INSC 367 · [2021] 6 S.C.R. 767
ORDER E 1. This Habeas Corpus Petition has been filed under Article 32 of the Constitution of India by the petitioner (father) for the custody of his two minor children. 2. The brief facts of the case are that the petitioner had married F the respondent No. 6 and they have a son aged about 15 years and a daughter aged …
Supreme Court of India28 Jul 2021Full text
2021 INSC 366 · [2021] 6 S.C.R. 774
774 THE STATE OF KERALA v. K. AJITH & ORS. 775 s. 321 – Withdrawal of prosecution – Exercise of power by A the Public Prosecutor u/s. 321 – Exercise of jurisdiction by the Chief Judicial Magistrate – General principles – Formulation of. s. 321 – Matter pertaining to declining of application for withdrawal made by the p…
Supreme Court of India28 Jul 2021Full text
2021 INSC 365 · [2021] 5 S.C.R. 408
clarifies that it has left the royalty issue to be decided by TPT and the GoI – It has specifically clarified that the approval by TAMP should not be interpreted to be amounting to any implicit approval of royalty-related issue – Further, the tariff order issued on 20th September, 2002 specifically rejects the claim of…
Supreme Court of India28 Jul 2021Full text
2021 INSC 364 · [2021] 6 S.C.R. 435
thereafter within a period of four years from their appointment as ad hoc, their services came to be regularised under the 1979 Rules, extended from time to time and they were appointed and their services were regularised vide notification dated 14.12.1989. At this stage, it is required to be noted that their services …
Supreme Court of India28 Jul 2021Full text
2021 INSC 363 · [2021] 6 S.C.R. 866
s.100 – Suit for recovery of possession and damages – Dismissed by trial court – First Appellate Court reversed the decision, and decreed the suit – Second appeal dismissed by High Court – Challenge to – Held: The High Court, after having admitted the second appeal and having formulated substantial questions of law, D …
Supreme Court of India26 Jul 2021Full text
2021 INSC 360 · [2021] 7 S.C.R. 226
– Appeal by complainant – Held: Magistrate’s order under s.156(3) was not under challenge before the High Court and had attained finality – High Court was in error in raising a doubt about the correctness of the order under s.156(3) passed by the Magistrate in the course of considering the complaint – Secondly, the pos…
Supreme Court of India21 Jan 2021Full text
2021 INSC 36 · [2021] 1 S.C.R. 488
Court, the petitioner contended that there was only a single transaction in the instant case and the condition precedent for treating a trader as a “Casual Trader” was the plurality of transactions – Held: The Appellate Authority, the Rajasthan Tax Board and the High Court have concurred in arriving at the finding F th…
Supreme Court of India26 Jul 2021Full text
2021 INSC 359 · [2021] 6 S.C.R. 742
– Application u/s. 7 of the IBC stands revived. s. 5(8) – Financial debt – Expression ‘includes’ – Construction G of – Held: Legislature has the power to define a word in a statute – Where the word is defined to include something, the definition is prima facie extensive – Depending on the context in which the word ‘inc…
Supreme Court of India23 Jul 2021Full text
2021 INSC 356 · [2021] 8 S.C.R. 23
discharge of their official duty. However, such sanction is necessary if the offence alleged against the public servant is committed by him “while acting or purporting to act in the discharge of his official duty” and in order to find out whether the alleged offence is committed “while acting or purporting to act in C …
Supreme Court of India23 Jul 2021Full text
2021 INSC 353 · [2021] 4 S.C.R. 862
s. 24A – Ingredients of – Explained. s. 24A – Compounding of offence under – Held: s. 24A specifies the authorities vested with the powers to compound offences H 862 PRAKASH GUPTA v. SECURITIES AND EXCHANGE BOARD 863 OF INDIA under the SEBI Act – s. 24A, by incorporating a non-obstante A provision indicates a legislati…
Supreme Court of India23 Jul 2021Full text
2021 INSC 352 · [2021] 6 S.C.R. 723
Penal Code, 1860: s. 323 – Injury report – Absence of – Effect on prosecution case – Held: Production of an injury report for offence under s.323 is not a sine qua non for establishing the G case for offence under s.323 – s.323 is punishable section for voluntarily cause hurt – Even causing bodily pain can be said to b…
Also on Law on Tips: Bare Acts · Legal news and analysis
2021 INSC 375 · [2021] 8 S.C.R. 63
available on record has been analysed in its correct perspective and an appropriate conclusion has been reached by the Wakf tribunal – High Court did not adhere to the norm of limited scope available in a Revision Petition – Further the order by the High Court to hold that the suit was not maintainable before the tribu…
Supreme Court of India3 Aug 2021Full text
2021 INSC 374 · [2021] 8 S.C.R. 297
High Court to register a complaint u/s. 193 IPC against the Returning Officer for the said election, for giving false evidence before the Court – On appeal, held: Mere reference to inconsistent statements alone not sufficient to take action unless a definite finding is given that they are irreconcilable; one is opposed…
Supreme Court of India3 Aug 2021Full text
2021 INSC 373 · [2021] 5 S.C.R. 927
H HDFC ERGO GENERAL INSURANCE CO. LTD. v. MUKESH 929 KUMAR & ORS. With A Civil Appeal No.4577 Of 2021 V. Giri, Sr. Adv., Ms. Archana Pathak Dave, Ms. Vanya Gupta, Kumar Prashant, Karan Lahiri, Pallav Mongia, Shailender Reddy, Ms. Ankita Gupta, Advs. for the Appellant. B Jayesh K. Unnikrishnan, Ms. Sasmita Tripathy, Dil…
Supreme Court of India2 Aug 2021Full text
2021 INSC 372 · [2021] 8 S.C.R. 314
UDAY UMESH LALIT, J. 1. The instant petition under Article 32 of the Constitution of India has been filed seeking appropriate writ,order or direction in the nature of B Certiorari quashing :- a) the recommendation dated 14.12.2020 made by the Full Court of the High Court1 recommending compulsory retirement of the petit…
Supreme Court of India2 Aug 2021Full text
2021 INSC 371 · [2021] 8 S.C.R. 978
detention – Dismissed by the High Court – On appeal, held: Mere contravention of law such as indulging in cheating or criminal breach of trust certainly affects ‘law and order’ but to affect ‘public order’, it must affect the community or the public at large – Allegation in the FIRs pertain to the realm of ‘law and ord…
Supreme Court of India2 Aug 2021Full text
2021 INSC 370 · [2021] 8 S.C.R. 1140
Court judgments were apparently made based on the personal perception of the Judge – Before recording the adverse comments, counsel was not given any opportunity to put forth his explanation – Such condemnation of the counsel, without giving him an opportunity of being heard would be a negation of the principles D of a…
Supreme Court of India21 Jan 2021Full text
2021 INSC 37 · [2021] 2 S.C.R. 314
Dismissing the petition, the Court HELD: 1. The gravamen of the allegations against the F petitioner pertain to violation of the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (PC & PNDT Act). Section 6 prohibits the use of pre-natal diagnostic techn…
Supreme Court of India2 Aug 2021Full text
2021 INSC 369 · [2021] 8 S.C.R. 31
32 SUPREME COURT REPORTS [2021] 8 S.C.R. A N. Venkataraman, ASG, Ms. Anil Katiyar, Arjun Garg, Ms. Vimla Sinha, Advs. for the Appellant. Rana Mukherjee, Sr. Adv., Abhijit Sengupta, Dibyadyuti Banerjee, Advs. for the Respondent. The Judgment of the Court was delivered: B UDAY UMESH LALIT, J. 1. This appeal challenges th…
Supreme Court of India28 Jul 2021Full text
2021 INSC 367 · [2021] 6 S.C.R. 767
ORDER E 1. This Habeas Corpus Petition has been filed under Article 32 of the Constitution of India by the petitioner (father) for the custody of his two minor children. 2. The brief facts of the case are that the petitioner had married F the respondent No. 6 and they have a son aged about 15 years and a daughter aged …
Supreme Court of India28 Jul 2021Full text
2021 INSC 366 · [2021] 6 S.C.R. 774
774 THE STATE OF KERALA v. K. AJITH & ORS. 775 s. 321 – Withdrawal of prosecution – Exercise of power by A the Public Prosecutor u/s. 321 – Exercise of jurisdiction by the Chief Judicial Magistrate – General principles – Formulation of. s. 321 – Matter pertaining to declining of application for withdrawal made by the p…
Supreme Court of India28 Jul 2021Full text
2021 INSC 365 · [2021] 5 S.C.R. 408
clarifies that it has left the royalty issue to be decided by TPT and the GoI – It has specifically clarified that the approval by TAMP should not be interpreted to be amounting to any implicit approval of royalty-related issue – Further, the tariff order issued on 20th September, 2002 specifically rejects the claim of…
Supreme Court of India28 Jul 2021Full text
2021 INSC 364 · [2021] 6 S.C.R. 435
thereafter within a period of four years from their appointment as ad hoc, their services came to be regularised under the 1979 Rules, extended from time to time and they were appointed and their services were regularised vide notification dated 14.12.1989. At this stage, it is required to be noted that their services …
Supreme Court of India28 Jul 2021Full text
2021 INSC 363 · [2021] 6 S.C.R. 866
s.100 – Suit for recovery of possession and damages – Dismissed by trial court – First Appellate Court reversed the decision, and decreed the suit – Second appeal dismissed by High Court – Challenge to – Held: The High Court, after having admitted the second appeal and having formulated substantial questions of law, D …
Supreme Court of India26 Jul 2021Full text
2021 INSC 360 · [2021] 7 S.C.R. 226
– Appeal by complainant – Held: Magistrate’s order under s.156(3) was not under challenge before the High Court and had attained finality – High Court was in error in raising a doubt about the correctness of the order under s.156(3) passed by the Magistrate in the course of considering the complaint – Secondly, the pos…
Supreme Court of India21 Jan 2021Full text
2021 INSC 36 · [2021] 1 S.C.R. 488
Court, the petitioner contended that there was only a single transaction in the instant case and the condition precedent for treating a trader as a “Casual Trader” was the plurality of transactions – Held: The Appellate Authority, the Rajasthan Tax Board and the High Court have concurred in arriving at the finding F th…
Supreme Court of India26 Jul 2021Full text
2021 INSC 359 · [2021] 6 S.C.R. 742
– Application u/s. 7 of the IBC stands revived. s. 5(8) – Financial debt – Expression ‘includes’ – Construction G of – Held: Legislature has the power to define a word in a statute – Where the word is defined to include something, the definition is prima facie extensive – Depending on the context in which the word ‘inc…
Supreme Court of India23 Jul 2021Full text
2021 INSC 356 · [2021] 8 S.C.R. 23
discharge of their official duty. However, such sanction is necessary if the offence alleged against the public servant is committed by him “while acting or purporting to act in the discharge of his official duty” and in order to find out whether the alleged offence is committed “while acting or purporting to act in C …
Supreme Court of India23 Jul 2021Full text
2021 INSC 353 · [2021] 4 S.C.R. 862
s. 24A – Ingredients of – Explained. s. 24A – Compounding of offence under – Held: s. 24A specifies the authorities vested with the powers to compound offences H 862 PRAKASH GUPTA v. SECURITIES AND EXCHANGE BOARD 863 OF INDIA under the SEBI Act – s. 24A, by incorporating a non-obstante A provision indicates a legislati…
Supreme Court of India23 Jul 2021Full text
2021 INSC 352 · [2021] 6 S.C.R. 723
Penal Code, 1860: s. 323 – Injury report – Absence of – Effect on prosecution case – Held: Production of an injury report for offence under s.323 is not a sine qua non for establishing the G case for offence under s.323 – s.323 is punishable section for voluntarily cause hurt – Even causing bodily pain can be said to b…
Also on Law on Tips: Bare Acts · Legal news and analysis