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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.
4,361–4,380 · Page 219 of 500
Supreme Court of India22 Apr 2021Full text
2021 INSC 269 · [2021] 4 S.C.R. 137
– On appeal, held: In the agreement between the parties, there was no specific exclusion of payment of interest on delayed payment in D relation to the local currency component – Specific term of the agreement provided for payment of interest on delayed payment as terms of the contract – Rate at which such interest wou…
Supreme Court of India22 Apr 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.
4,361–4,380 · Page 219 of 500
Supreme Court of India22 Apr 2021Full text
2021 INSC 269 · [2021] 4 S.C.R. 137
– On appeal, held: In the agreement between the parties, there was no specific exclusion of payment of interest on delayed payment in D relation to the local currency component – Specific term of the agreement provided for payment of interest on delayed payment as terms of the contract – Rate at which such interest wou…
Supreme Court of India22 Apr 2021Full text
2021 INSC 268 · [2021] 4 S.C.R. 122
No.1 is allowed to operate its account subject to first remitting Rs 32.50 lakhs into the account of the Corporate Debtor. Allowing the appeal, the Court HELD: 1.1 In this case an application filed under section 7 of the Insolvency and Bankruptcy Code, 2016 was admitted, the H 122 SANDEEP KHAITAN, RESOLUTION PROFESSION…
Supreme Court of India20 Apr 2021Full text
2021 INSC 266 · [2021] 3 S.C.R. 406
property of the assessee – Interpretation of – On facts, case of GST fraud initiated against appellant’s supplier – During the course of proceedings, issuance of orders by the Joint Commissioner u/s 83 for provisional attachment of the appellant’s receivables from its customers – Writ petition under/Art. 226 challengin…
Supreme Court of India20 Apr 2021Full text
2021 INSC 265 · [2021] 7 S.C.R. 17
– Thus, the order granting bail to accused persons having failed to pass muster under the law, set aside. s. 439 – Bail – Grant of – Application of principle of parity – Held: In deciding the aspect of parity, the role attached to the accused, their position in relation to the incident and to the victims is of utmost G…
Supreme Court of India20 Apr 2021Full text
2021 INSC 264 · [2021] 4 S.C.R. 532
accepted – Thus, two Indian parties can choose a foreign seat of arbitration to which New York Convention applies and the award passed by such forum is enforceable in India – Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 – Contract Act, 1872 – ss. 23 and 28 – Commercial Courts, Commerci…
Supreme Court of India20 Apr 2021Full text
2021 INSC 262 · [2021] 4 S.C.R. 153
Third Judge’s case (1998) 7 SCC (Special Reference 1 of 1998) – referred to CIVIL ORIGINAL JURISDICTION : Transfer Petition (Civil) No.2419 of 2019. G Petition under Article 139A(2) of the Constitution of India seeking transfer of Writ Petition Civil No. 17476 of 2019 Pending before the High Court of Odisha, Cuttack to…
Supreme Court of India20 Apr 2021Full text
2021 INSC 261 · [2021] 3 S.C.R. 317
1.2 The present system of appointments as envisaged by E the Constitution and as elucidated in the Collegium system makes it clear that the first step is a recommendation from that High Court by a collegium of the three senior-most judges presided over by the Chief Justice of the High Court. This process in turn requir…
Supreme Court of India20 Apr 2021Full text
2021 INSC 260 · [2021] 4 S.C.R. 100
Bipin Shantilal Panchal v. State of Gujarat (2001) 3 H SCC 1 : [2001] 2 SCR 29 – referred to. 100 IN RE: TO ISSUE CERTAIN GUIDELINES REGARDING INADEQUACIES AND 101 DEFICIENCIES IN CRIMINAL TRIALS v. THE STATE OF ANDHRA PRADESH Case Law Reference A [2001] 2 SCR 29 referred to Para 12 ORIGINAL JURISDICTION : Suo Moto Wri…
Supreme Court of India19 Jan 2021Full text
2021 INSC 26 · [2021] 1 S.C.R. 130
required the respondent authorities to await the decision of the court – However, the very scheme of the Act was breached by the respondents in not complying with the statutory provisions – Even notice was not issued to ‘J’ – She could have clarified the position further – The effect of the decree in favour of ‘J’ is t…
Supreme Court of India19 Apr 2021Full text
2021 INSC 258 · [2021] 4 S.C.R. 81
ORDER 1. The writ petition is filed in the nature of public interest seeking to protect two species of birds namely the Great Indian Bustard (‘GIB’ for short) and the Lesser Florican, which is on the verge of extinction. BThe existence of overhead power lines is stated to have become a hazard due to which the said spec…
Supreme Court of India16 Apr 2021Full text
2021 INSC 257 · [2021] 4 S.C.R. 257
[2021] 4 S.C.R. 257 257 IN RE: EXPEDITIOUS TRIAL OF CASES UNDER SECTION 138 A OF N.I. ACT 1881. (Suo Motu Writ Petition (Crl.) No. 2 of 2020) APRIL 16, 2021 [S. A. BOBDE, CJI, L. NAGESWARA RAO, B. R. GAVAI, B A. S. BOPANNA, S. RAVINDRA BHAT, JJ.] Negotiable Instruments Act, 1881: s. 138 – Expeditious trial/ disposal of…
Supreme Court of India16 Apr 2021Full text
2021 INSC 256 · [2021] 4 S.C.R. 180
Monika Gusain, Advs. for the Respondent. The Judgment of the Court was delivered by UDAY UMESH LALIT, J. 1. This appeal challenges the judgment and final order dated C 03.03.2020 passed by the High Court of Punjab & Haryana at Chandigarh dismissing CR A-S-1759-SB-2004 preferred by the appellants and affirming their con…
Supreme Court of India15 Apr 2021Full text
2021 INSC 255 · [2021] 4 S.C.R. 274
– Indisputably, the State Government also by notification dated G 19.03.2021, had granted conditional affiliation after considering the recommendations made by the Affiliation Committee – In the peculiar facts and circumstances of the case and particularly, since the averments made on affidavit by the petitioners, were…
Supreme Court of India15 Apr 2021Full text
2021 INSC 254 · [2021] 3 S.C.R. 524
Limitation Act, 1963 – s.9 – Principle of s.9 of the Limitation E Act is to be strictly adhered to, namely, that when time begins to run, it cannot be halted, except by a process known to law. Precedents – Binding precedent – Rule of stare decisis – Every argumentative novelty does not undo a settled position of law – …
Supreme Court of India13 Apr 2021Full text
2021 INSC 252 · [2021] 4 S.C.R. 158
HELD:1. While discharging the accused, the High Court exceeded in its jurisdiction in exercise of the revisional jurisdiction and acted beyond the scope of Section 227/239 Cr.P.C. The High G Court went into the merits of the case and considered whether on the basis of the material on record, the accused is likely to be…
Supreme Court of India13 Apr 2021Full text
2021 INSC 251 · [2021] 4 S.C.R. 376
at Ahmedabad, given the change in the seat of arbitration.Thus, the impugned judgment cannot stand and is set aside. The parties are now referred to the courts at Ahmedabad for the resolution of the Section 34 petition. [Paras 17 and 18][386-E-H; 387-A] Videocon Industries Limited vs. Union of India & Anr. (2011) 6 SCC…
Supreme Court of India13 Apr 2021Full text
2021 INSC 250 · [2021] 13 S.C.R. 737
737 [2021] 13 S.C.R. 737 GHANASHYAM MISHRA AND SONS PRIVATE LIMITED A THROUGH THE AUTHORIZED SIGNATORY v. EDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED THROUGH THE DIRECTOR & ORS. B (Civil Appeal No. 8129 of 2019) APRIL 13, 2021 [R. F. NARIMAN, B. R. GAVAI AND HRISHIKESH ROY, JJ.] Insolvency and Bankruptcy Code, 2016 …
Supreme Court of India19 Jan 2021Full text
2021 INSC 25 · [2021] 1 S.C.R. 389
390 SUPREME COURT REPORTS [2021] 1 S.C.R. A given by Court or acting in breach of undertaking given to Court – Contempt Petition accordingly dismissed – Companies Act, 1956 – ss.397, 398 and 403. Contempt of Court: Contempt proceedings – Nature and scope of – Held: The contempt proceedings are quasi-criminal in nature …
Supreme Court of India12 Apr 2021Full text
2021 INSC 248 · [2021] 3 S.C.R. 364
of the High Court had filed preliminary counter affidavit questioning the genuineness of the PIL and pleaded that the petition was filed by political person to political gain and to malign the High Court – It was further stated therein that former High Court Judge ‘VE’ (the petitioner in the instant special leave petit…
Supreme Court of India12 Apr 2021Full text
2021 INSC 247 · [2021] 14 S.C.R. 104
D Presence of alcohol in excess of 30 mg per 100 ml. of blood is not an indispensable requirement to enable an Insurer to successfully invoke the clause – What is required to be proved is driving by a person under the influence of the alcohol – Drunken driving, a criminal offence, u/s.185 along with its objective crite…
Also on Law on Tips: Bare Acts · Legal news and analysis
2021 INSC 268 · [2021] 4 S.C.R. 122
No.1 is allowed to operate its account subject to first remitting Rs 32.50 lakhs into the account of the Corporate Debtor. Allowing the appeal, the Court HELD: 1.1 In this case an application filed under section 7 of the Insolvency and Bankruptcy Code, 2016 was admitted, the H 122 SANDEEP KHAITAN, RESOLUTION PROFESSION…
Supreme Court of India20 Apr 2021Full text
2021 INSC 266 · [2021] 3 S.C.R. 406
property of the assessee – Interpretation of – On facts, case of GST fraud initiated against appellant’s supplier – During the course of proceedings, issuance of orders by the Joint Commissioner u/s 83 for provisional attachment of the appellant’s receivables from its customers – Writ petition under/Art. 226 challengin…
Supreme Court of India20 Apr 2021Full text
2021 INSC 265 · [2021] 7 S.C.R. 17
– Thus, the order granting bail to accused persons having failed to pass muster under the law, set aside. s. 439 – Bail – Grant of – Application of principle of parity – Held: In deciding the aspect of parity, the role attached to the accused, their position in relation to the incident and to the victims is of utmost G…
Supreme Court of India20 Apr 2021Full text
2021 INSC 264 · [2021] 4 S.C.R. 532
accepted – Thus, two Indian parties can choose a foreign seat of arbitration to which New York Convention applies and the award passed by such forum is enforceable in India – Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 – Contract Act, 1872 – ss. 23 and 28 – Commercial Courts, Commerci…
Supreme Court of India20 Apr 2021Full text
2021 INSC 262 · [2021] 4 S.C.R. 153
Third Judge’s case (1998) 7 SCC (Special Reference 1 of 1998) – referred to CIVIL ORIGINAL JURISDICTION : Transfer Petition (Civil) No.2419 of 2019. G Petition under Article 139A(2) of the Constitution of India seeking transfer of Writ Petition Civil No. 17476 of 2019 Pending before the High Court of Odisha, Cuttack to…
Supreme Court of India20 Apr 2021Full text
2021 INSC 261 · [2021] 3 S.C.R. 317
1.2 The present system of appointments as envisaged by E the Constitution and as elucidated in the Collegium system makes it clear that the first step is a recommendation from that High Court by a collegium of the three senior-most judges presided over by the Chief Justice of the High Court. This process in turn requir…
Supreme Court of India20 Apr 2021Full text
2021 INSC 260 · [2021] 4 S.C.R. 100
Bipin Shantilal Panchal v. State of Gujarat (2001) 3 H SCC 1 : [2001] 2 SCR 29 – referred to. 100 IN RE: TO ISSUE CERTAIN GUIDELINES REGARDING INADEQUACIES AND 101 DEFICIENCIES IN CRIMINAL TRIALS v. THE STATE OF ANDHRA PRADESH Case Law Reference A [2001] 2 SCR 29 referred to Para 12 ORIGINAL JURISDICTION : Suo Moto Wri…
Supreme Court of India19 Jan 2021Full text
2021 INSC 26 · [2021] 1 S.C.R. 130
required the respondent authorities to await the decision of the court – However, the very scheme of the Act was breached by the respondents in not complying with the statutory provisions – Even notice was not issued to ‘J’ – She could have clarified the position further – The effect of the decree in favour of ‘J’ is t…
Supreme Court of India19 Apr 2021Full text
2021 INSC 258 · [2021] 4 S.C.R. 81
ORDER 1. The writ petition is filed in the nature of public interest seeking to protect two species of birds namely the Great Indian Bustard (‘GIB’ for short) and the Lesser Florican, which is on the verge of extinction. BThe existence of overhead power lines is stated to have become a hazard due to which the said spec…
Supreme Court of India16 Apr 2021Full text
2021 INSC 257 · [2021] 4 S.C.R. 257
[2021] 4 S.C.R. 257 257 IN RE: EXPEDITIOUS TRIAL OF CASES UNDER SECTION 138 A OF N.I. ACT 1881. (Suo Motu Writ Petition (Crl.) No. 2 of 2020) APRIL 16, 2021 [S. A. BOBDE, CJI, L. NAGESWARA RAO, B. R. GAVAI, B A. S. BOPANNA, S. RAVINDRA BHAT, JJ.] Negotiable Instruments Act, 1881: s. 138 – Expeditious trial/ disposal of…
Supreme Court of India16 Apr 2021Full text
2021 INSC 256 · [2021] 4 S.C.R. 180
Monika Gusain, Advs. for the Respondent. The Judgment of the Court was delivered by UDAY UMESH LALIT, J. 1. This appeal challenges the judgment and final order dated C 03.03.2020 passed by the High Court of Punjab & Haryana at Chandigarh dismissing CR A-S-1759-SB-2004 preferred by the appellants and affirming their con…
Supreme Court of India15 Apr 2021Full text
2021 INSC 255 · [2021] 4 S.C.R. 274
– Indisputably, the State Government also by notification dated G 19.03.2021, had granted conditional affiliation after considering the recommendations made by the Affiliation Committee – In the peculiar facts and circumstances of the case and particularly, since the averments made on affidavit by the petitioners, were…
Supreme Court of India15 Apr 2021Full text
2021 INSC 254 · [2021] 3 S.C.R. 524
Limitation Act, 1963 – s.9 – Principle of s.9 of the Limitation E Act is to be strictly adhered to, namely, that when time begins to run, it cannot be halted, except by a process known to law. Precedents – Binding precedent – Rule of stare decisis – Every argumentative novelty does not undo a settled position of law – …
Supreme Court of India13 Apr 2021Full text
2021 INSC 252 · [2021] 4 S.C.R. 158
HELD:1. While discharging the accused, the High Court exceeded in its jurisdiction in exercise of the revisional jurisdiction and acted beyond the scope of Section 227/239 Cr.P.C. The High G Court went into the merits of the case and considered whether on the basis of the material on record, the accused is likely to be…
Supreme Court of India13 Apr 2021Full text
2021 INSC 251 · [2021] 4 S.C.R. 376
at Ahmedabad, given the change in the seat of arbitration.Thus, the impugned judgment cannot stand and is set aside. The parties are now referred to the courts at Ahmedabad for the resolution of the Section 34 petition. [Paras 17 and 18][386-E-H; 387-A] Videocon Industries Limited vs. Union of India & Anr. (2011) 6 SCC…
Supreme Court of India13 Apr 2021Full text
2021 INSC 250 · [2021] 13 S.C.R. 737
737 [2021] 13 S.C.R. 737 GHANASHYAM MISHRA AND SONS PRIVATE LIMITED A THROUGH THE AUTHORIZED SIGNATORY v. EDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED THROUGH THE DIRECTOR & ORS. B (Civil Appeal No. 8129 of 2019) APRIL 13, 2021 [R. F. NARIMAN, B. R. GAVAI AND HRISHIKESH ROY, JJ.] Insolvency and Bankruptcy Code, 2016 …
Supreme Court of India19 Jan 2021Full text
2021 INSC 25 · [2021] 1 S.C.R. 389
390 SUPREME COURT REPORTS [2021] 1 S.C.R. A given by Court or acting in breach of undertaking given to Court – Contempt Petition accordingly dismissed – Companies Act, 1956 – ss.397, 398 and 403. Contempt of Court: Contempt proceedings – Nature and scope of – Held: The contempt proceedings are quasi-criminal in nature …
Supreme Court of India12 Apr 2021Full text
2021 INSC 248 · [2021] 3 S.C.R. 364
of the High Court had filed preliminary counter affidavit questioning the genuineness of the PIL and pleaded that the petition was filed by political person to political gain and to malign the High Court – It was further stated therein that former High Court Judge ‘VE’ (the petitioner in the instant special leave petit…
Supreme Court of India12 Apr 2021Full text
2021 INSC 247 · [2021] 14 S.C.R. 104
D Presence of alcohol in excess of 30 mg per 100 ml. of blood is not an indispensable requirement to enable an Insurer to successfully invoke the clause – What is required to be proved is driving by a person under the influence of the alcohol – Drunken driving, a criminal offence, u/s.185 along with its objective crite…
Also on Law on Tips: Bare Acts · Legal news and analysis