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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.
4,281–4,300 · Page 215 of 500
Supreme Court of India23 Jul 2021Full text
2021 INSC 351 · [2021] 6 S.C.R. 509
Kaustubh Shukla, Adv. for the Appellant. Pratik R. Bombarde, Adv. for the Respondents. H EASTERN COALFIELDS LIMITED v. ANADINATH BANERJEE (D) 511 The Judgment of the Court was delivered by A DR. DHANANJAYA Y CHANDRACHUD, J. 1. Leave granted. 2. These appeals arise from a judgment of a Division Bench of B the High Court…
Supreme Court of India23 Jul 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.
4,281–4,300 · Page 215 of 500
Supreme Court of India23 Jul 2021Full text
2021 INSC 351 · [2021] 6 S.C.R. 509
Kaustubh Shukla, Adv. for the Appellant. Pratik R. Bombarde, Adv. for the Respondents. H EASTERN COALFIELDS LIMITED v. ANADINATH BANERJEE (D) 511 The Judgment of the Court was delivered by A DR. DHANANJAYA Y CHANDRACHUD, J. 1. Leave granted. 2. These appeals arise from a judgment of a Division Bench of B the High Court…
Supreme Court of India23 Jul 2021Full text
2021 INSC 350 · [2021] 8 S.C.R. 8
G Dismissing the appeal, the Court HELD: 1. It cannot be said that a concluded contract had been arrived at inter se the parties. [Para 18][20-D] H 8 SOUTH EASTERN COALFIELDS LTD. & ORS. v. 9 M/s. S. KUMAR’s ASSOCIATES AKM (JV) 2. The respondent, neither submitted the Performance A Security Deposit nor signed the Integ…
Supreme Court of India21 Jan 2021Full text
2021 INSC 35 · [2021] 1 S.C.R. 495
[2021] 1 S.C.R. 495 495 M/S. RELIANCE ASSET RECONSTRUCTION COMPANY LTD. A v. M/S HOTEL POONJA INTERNATIONAL PVT. LTD. (Civil Appeal No. 4221 of 2020) JANUARY 21, 2021 B [INDIRA BANERJEE AND SANJIV KHANNA, JJ.] Insolvency and Bankruptcy Code, 2016 – s.62 – The Assignor Bank, along with Corporation Bank sanctioned a term…
Supreme Court of India22 Jul 2021Full text
2021 INSC 349 · [2021] 6 S.C.R. 692
SOMESH CHAURASIA v. STATE OF M.P. & ANR. 693 administration of criminal justice – This order had the effect of A obstructing a fair investigation into the FIR at the behest of the accused despite the nature and gravity of the allegations against him – High Court erred in passing its directions which were misused to def…
Supreme Court of India22 Jul 2021Full text
2021 INSC 348 · [2021] 6 S.C.R. 517
Jai Prakash Wadhwa & Ors. vs Lt. Governor, Delhi Admn. & Anr. (1997) 11 SCC 174 – referred to. Case Law Reference (1997) 11 SCC 174 referred to Para 6 G CIVIL APPELLATE JURISDICTION: Civil Appeal No.4461 of 2021 From the Judgment and Order dated 20.02.2019 of the High Court of Delhi at New Delhi in W.P. (C) No.1738 of …
Supreme Court of India22 Jul 2021Full text
2021 INSC 347 · [2021] 6 S.C.R. 673
H M/S LAUREATE BUILDWELL PVT. LTD. v. CHARANJEET SINGH 675 Jayanth Muth Raj, Sr. Adv., Rajesh P., Prabhakar Tiwari, A Manoranjan Sharma, Advs. for the Appellant. M. L. Lahoty, Paban K. Sharma, Anchit Sripat, Himanshu Shekhar, Advs. for the Respondent. The Order of the Court was passed by B S. RAVINDRA BHAT, J. 1. The a…
Supreme Court of India20 Jul 2021Full text
2021 INSC 346 · [2021] 6 S.C.R. 850
F Dismissing the SLPs, the Court HELD: It was patently an election dispute which was sought to be converted to a criminal case. More often than not election disputes are fought on different turfs, such as polling booths, police stations and court rooms. Sometimes, persons who raise G these disputes manage to camouflage…
Supreme Court of India20 Jul 2021Full text
2021 INSC 343 · [2021] 6 S.C.R. 539
Allowing the appeals, the Court G Held: 1. All the accused are facing trial for the offences punishable under Sections 147, 148, 341, 323, 307, 427, 302 read with Section 149 of the IPC on the allegation of having killed the brother of the appellant and having injured one person. As per the medical evidence on record t…
Supreme Court of India20 Jul 2021Full text
2021 INSC 342 · [2021] 6 S.C.R. 661
– Held: The definition of “decree” in s.2(2) “shall be deemed to include the rejection of a plaint” – Hence, the order of trial court rejecting the plaint is subject to a first appeal under s.96 of the CPC – Writ petition by plaintiff liable to be rejected on that ground – Writ jurisdiction. D Code of Civil Procedure, …
Supreme Court of India20 Jul 2021Full text
2021 INSC 341 · [2021] 6 S.C.R. 522
facts, trial court acquitted second to sixth respondents for commission of offence under the Penal Code and Dowry Prohibition Act – Application for leave to appeal by the informant – Rejected by the High Court – On appeal, held: Judgment of the High Court did not meet the requirements to be observed, consistent with th…
Supreme Court of India20 Jul 2021Full text
2021 INSC 340 · [2021] 5 S.C.R. 458
458 SUPREME COURT[2021]REPORTS5 S.C.R. 458 [2021] 5 S.C.R. A UNION OF INDIA v. RAJENDRA N. SHAH AND ANOTHER (Civil Appeal Nos. 9108-9109 of 2014) B JULY 20, 2021 [R. F. NARIMAN, K. M. JOSEPH AND B. R. GAVAI, JJ.] Constitution (Ninety Seventh Amendment) Act, 2011 – Challenge to, on procedural grounds – Vires of the Cons…
Supreme Court of India20 Jan 2021Full text
2021 INSC 34 · [2021] 2 S.C.R. 308
Words and Phrases – Expression ‘Law Chambers’ – Discussed. H 308 IN RE: ADVOCATE ON RECORD INCLUDES A 309 PROPRIETARY FIRM ETC. Closing the proceedings, the Court A HELD:1.1. Under the Supreme Court Rules, 2013, there can be an Advocate-on- Record or a firm of Advocates on Record, however, the grievance of the petition…
Supreme Court of India19 Jul 2021Full text
2021 INSC 339 · [2021] 6 S.C.R. 491
would be necessary to reject the offer which is now made by the appellant and to award the property to the second respondent – Held: At the present time, the appellant has deposited an amount of Rs. 1 crore before the High Court – To accept the bid of the second respondent in the amount of Rs. 80 lakhs will deprive the…
Supreme Court of India16 Jul 2021Full text
2021 INSC 337 · [2021] 5 S.C.R. 350
Meanwhile, petitioners were called upon to deposit non-judicial stamp papers of Rs.1,98,000/- for execution of sale deed – They did so and sale deed was executed – It was only thereafter that respondents filed application for condonation of the delay of 862 days for setting aside the ex-parte decree – This application …
Supreme Court of India15 Jul 2021Full text
2021 INSC 336 · [2021] 6 S.C.R. 644
22.01.2021, respondent no. 1 rejected the application of the appellant for Study Leave in view of policy decision dated 20.10.2020 and order dated 22.10.2020 – On 31.01.2021, admission to PG course for 2020 session was closed and allotment of PG seat to appellant was cancelled – Appellant unsuccessfully filed writ peti…
Supreme Court of India15 Jul 2021Full text
2021 INSC 335 · [2021] 6 S.C.R. 486
486 SACHIN KASHYAP v. SUSHIL CHANDRA SRIVASTAVA CIVIL APPELLATE JURISDICTION: Civil Appeal No(s). 2691 of 2021. From the Judgment and Order dated 20.08.2019 of the High Court of Judicature at Allahabad in Writ C. No. 1216 of 2019. With Civil appeal no(s). 2701, 2692, 2693, 2694, 2695, 2696, 2697, 2698, 2699, 2700, 2702…
Supreme Court of India15 Jul 2021Full text
2021 INSC 334 · [2021] 6 S.C.R. 978
realm of policy making and assumed to itself, jurisdiction over a matter which lies in the domain of the executive – Whether the age of superannuation should be increased and if so, the date from which this should be effected is a matter of policy into which the High Court ought not to have entered – Whether the decisi…
Supreme Court of India14 Jul 2021Full text
2021 INSC 333 · [2021] 5 S.C.R. 559
Applying principle of harmonious construction to Regn 18(15)(c) with Regns 39 to 42, would mean that the opinion of the trustees would stand, but the consent of the unitholders is a pre-requisite for winding up – Securities and Exchange Board of India Act, 1992. Constitutional validity of 1996 Regulations – Held: GRegu…
Supreme Court of India14 Jul 2021Full text
2021 INSC 332 · [2021] 5 S.C.R. 791
India & Anr., (2020) SCC Online SC 962] was frustrated by an impermissible legislative override – Whether the second proviso, read with the third proviso, which stipulated that allowances and benefits payable to Chairpersons and Members was to be the same as a Central Government officer holding a post carrying the same…
Supreme Court of India13 Jul 2021Full text
2021 INSC 331 · [2021] 8 S.C.R. 39
shows that an encroacher can be considered for regularization of his possession only if there is no displaced person in terms of clause III – In terms of clause III, the Chief Settlement Commissioner allotted the land to Respondent No. 4 since he had balance verified claim – Appellant was ordered to be evicted being an…
Also on Law on Tips: Bare Acts · Legal news and analysis
2021 INSC 350 · [2021] 8 S.C.R. 8
G Dismissing the appeal, the Court HELD: 1. It cannot be said that a concluded contract had been arrived at inter se the parties. [Para 18][20-D] H 8 SOUTH EASTERN COALFIELDS LTD. & ORS. v. 9 M/s. S. KUMAR’s ASSOCIATES AKM (JV) 2. The respondent, neither submitted the Performance A Security Deposit nor signed the Integ…
Supreme Court of India21 Jan 2021Full text
2021 INSC 35 · [2021] 1 S.C.R. 495
[2021] 1 S.C.R. 495 495 M/S. RELIANCE ASSET RECONSTRUCTION COMPANY LTD. A v. M/S HOTEL POONJA INTERNATIONAL PVT. LTD. (Civil Appeal No. 4221 of 2020) JANUARY 21, 2021 B [INDIRA BANERJEE AND SANJIV KHANNA, JJ.] Insolvency and Bankruptcy Code, 2016 – s.62 – The Assignor Bank, along with Corporation Bank sanctioned a term…
Supreme Court of India22 Jul 2021Full text
2021 INSC 349 · [2021] 6 S.C.R. 692
SOMESH CHAURASIA v. STATE OF M.P. & ANR. 693 administration of criminal justice – This order had the effect of A obstructing a fair investigation into the FIR at the behest of the accused despite the nature and gravity of the allegations against him – High Court erred in passing its directions which were misused to def…
Supreme Court of India22 Jul 2021Full text
2021 INSC 348 · [2021] 6 S.C.R. 517
Jai Prakash Wadhwa & Ors. vs Lt. Governor, Delhi Admn. & Anr. (1997) 11 SCC 174 – referred to. Case Law Reference (1997) 11 SCC 174 referred to Para 6 G CIVIL APPELLATE JURISDICTION: Civil Appeal No.4461 of 2021 From the Judgment and Order dated 20.02.2019 of the High Court of Delhi at New Delhi in W.P. (C) No.1738 of …
Supreme Court of India22 Jul 2021Full text
2021 INSC 347 · [2021] 6 S.C.R. 673
H M/S LAUREATE BUILDWELL PVT. LTD. v. CHARANJEET SINGH 675 Jayanth Muth Raj, Sr. Adv., Rajesh P., Prabhakar Tiwari, A Manoranjan Sharma, Advs. for the Appellant. M. L. Lahoty, Paban K. Sharma, Anchit Sripat, Himanshu Shekhar, Advs. for the Respondent. The Order of the Court was passed by B S. RAVINDRA BHAT, J. 1. The a…
Supreme Court of India20 Jul 2021Full text
2021 INSC 346 · [2021] 6 S.C.R. 850
F Dismissing the SLPs, the Court HELD: It was patently an election dispute which was sought to be converted to a criminal case. More often than not election disputes are fought on different turfs, such as polling booths, police stations and court rooms. Sometimes, persons who raise G these disputes manage to camouflage…
Supreme Court of India20 Jul 2021Full text
2021 INSC 343 · [2021] 6 S.C.R. 539
Allowing the appeals, the Court G Held: 1. All the accused are facing trial for the offences punishable under Sections 147, 148, 341, 323, 307, 427, 302 read with Section 149 of the IPC on the allegation of having killed the brother of the appellant and having injured one person. As per the medical evidence on record t…
Supreme Court of India20 Jul 2021Full text
2021 INSC 342 · [2021] 6 S.C.R. 661
– Held: The definition of “decree” in s.2(2) “shall be deemed to include the rejection of a plaint” – Hence, the order of trial court rejecting the plaint is subject to a first appeal under s.96 of the CPC – Writ petition by plaintiff liable to be rejected on that ground – Writ jurisdiction. D Code of Civil Procedure, …
Supreme Court of India20 Jul 2021Full text
2021 INSC 341 · [2021] 6 S.C.R. 522
facts, trial court acquitted second to sixth respondents for commission of offence under the Penal Code and Dowry Prohibition Act – Application for leave to appeal by the informant – Rejected by the High Court – On appeal, held: Judgment of the High Court did not meet the requirements to be observed, consistent with th…
Supreme Court of India20 Jul 2021Full text
2021 INSC 340 · [2021] 5 S.C.R. 458
458 SUPREME COURT[2021]REPORTS5 S.C.R. 458 [2021] 5 S.C.R. A UNION OF INDIA v. RAJENDRA N. SHAH AND ANOTHER (Civil Appeal Nos. 9108-9109 of 2014) B JULY 20, 2021 [R. F. NARIMAN, K. M. JOSEPH AND B. R. GAVAI, JJ.] Constitution (Ninety Seventh Amendment) Act, 2011 – Challenge to, on procedural grounds – Vires of the Cons…
Supreme Court of India20 Jan 2021Full text
2021 INSC 34 · [2021] 2 S.C.R. 308
Words and Phrases – Expression ‘Law Chambers’ – Discussed. H 308 IN RE: ADVOCATE ON RECORD INCLUDES A 309 PROPRIETARY FIRM ETC. Closing the proceedings, the Court A HELD:1.1. Under the Supreme Court Rules, 2013, there can be an Advocate-on- Record or a firm of Advocates on Record, however, the grievance of the petition…
Supreme Court of India19 Jul 2021Full text
2021 INSC 339 · [2021] 6 S.C.R. 491
would be necessary to reject the offer which is now made by the appellant and to award the property to the second respondent – Held: At the present time, the appellant has deposited an amount of Rs. 1 crore before the High Court – To accept the bid of the second respondent in the amount of Rs. 80 lakhs will deprive the…
Supreme Court of India16 Jul 2021Full text
2021 INSC 337 · [2021] 5 S.C.R. 350
Meanwhile, petitioners were called upon to deposit non-judicial stamp papers of Rs.1,98,000/- for execution of sale deed – They did so and sale deed was executed – It was only thereafter that respondents filed application for condonation of the delay of 862 days for setting aside the ex-parte decree – This application …
Supreme Court of India15 Jul 2021Full text
2021 INSC 336 · [2021] 6 S.C.R. 644
22.01.2021, respondent no. 1 rejected the application of the appellant for Study Leave in view of policy decision dated 20.10.2020 and order dated 22.10.2020 – On 31.01.2021, admission to PG course for 2020 session was closed and allotment of PG seat to appellant was cancelled – Appellant unsuccessfully filed writ peti…
Supreme Court of India15 Jul 2021Full text
2021 INSC 335 · [2021] 6 S.C.R. 486
486 SACHIN KASHYAP v. SUSHIL CHANDRA SRIVASTAVA CIVIL APPELLATE JURISDICTION: Civil Appeal No(s). 2691 of 2021. From the Judgment and Order dated 20.08.2019 of the High Court of Judicature at Allahabad in Writ C. No. 1216 of 2019. With Civil appeal no(s). 2701, 2692, 2693, 2694, 2695, 2696, 2697, 2698, 2699, 2700, 2702…
Supreme Court of India15 Jul 2021Full text
2021 INSC 334 · [2021] 6 S.C.R. 978
realm of policy making and assumed to itself, jurisdiction over a matter which lies in the domain of the executive – Whether the age of superannuation should be increased and if so, the date from which this should be effected is a matter of policy into which the High Court ought not to have entered – Whether the decisi…
Supreme Court of India14 Jul 2021Full text
2021 INSC 333 · [2021] 5 S.C.R. 559
Applying principle of harmonious construction to Regn 18(15)(c) with Regns 39 to 42, would mean that the opinion of the trustees would stand, but the consent of the unitholders is a pre-requisite for winding up – Securities and Exchange Board of India Act, 1992. Constitutional validity of 1996 Regulations – Held: GRegu…
Supreme Court of India14 Jul 2021Full text
2021 INSC 332 · [2021] 5 S.C.R. 791
India & Anr., (2020) SCC Online SC 962] was frustrated by an impermissible legislative override – Whether the second proviso, read with the third proviso, which stipulated that allowances and benefits payable to Chairpersons and Members was to be the same as a Central Government officer holding a post carrying the same…
Supreme Court of India13 Jul 2021Full text
2021 INSC 331 · [2021] 8 S.C.R. 39
shows that an encroacher can be considered for regularization of his possession only if there is no displaced person in terms of clause III – In terms of clause III, the Chief Settlement Commissioner allotted the land to Respondent No. 4 since he had balance verified claim – Appellant was ordered to be evicted being an…
Also on Law on Tips: Bare Acts · Legal news and analysis