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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.
4,421–4,440 · Page 222 of 500
Supreme Court of India19 Mar 2021Full text
2021 INSC 195 · [2021] 2 S.C.R. 964
prosecution that the respondent would influence witnesses, could not be put to rest by directing respondent not to enter the jurisdiction of Ollur Police Station – High Court completely ignored the fact that the deceased victim used to reside at Ernakulam – Her parents and her five years old daughter resided at Ernakul…
Supreme Court of India19 Mar 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.
4,421–4,440 · Page 222 of 500
Supreme Court of India19 Mar 2021Full text
2021 INSC 195 · [2021] 2 S.C.R. 964
prosecution that the respondent would influence witnesses, could not be put to rest by directing respondent not to enter the jurisdiction of Ollur Police Station – High Court completely ignored the fact that the deceased victim used to reside at Ernakulam – Her parents and her five years old daughter resided at Ernakul…
Supreme Court of India19 Mar 2021Full text
2021 INSC 194 · [2021] 3 S.C.R. 193
delays beyond the period provided by the appeal provision itself – Limitation Act, 1963 – Arts. 116 and 117. Limitation Act, 1963: s. 5 – Application of s. 5, to appeals u/ s. 37 of the 1996 Act and to s. 13(1A) of the CC Act – Held: s. 37 when read with s. 43 thereof, makes it clear that the provisions of Fthe Limitat…
Supreme Court of India17 Mar 2021Full text
2021 INSC 191 · [2021] 7 S.C.R. 250
petition challenging order dated 08.03.1995 allowed by the Single Judge of the High Court – The order of Single Judge of High Court was set aside by Division Bench of the High Court – On appeal, held: As per D.O. letter dated 28.07.1981, the category of posts sought to be merged were only those which had two or more sc…
Supreme Court of India17 Mar 2021Full text
2021 INSC 190 · [2021] 2 S.C.R. 1131
in respect of a minor – Guardianship petition by the father-appellant seeking declaration as guardian – However, the mother-respondent neither filed the written statement nor filed reply to two applications u/Ord. VI r. 17 for amendment of pleadings, which are still pending – Instead the mother filed application u/s. 1…
Supreme Court of India16 Mar 2021Full text
2021 INSC 189 · [2021] 15 S.C.R. 96
Consumer Protection Act, 2019 – s.107 –Object and purpose of the 2019 Act – Repeal of the Consumer Protection Act, 1986 – G Proceedings pending thereunder, if to be transferred – Intention of legislature – Held: The legislature cannot be attributed to be remiss in not explicitly providing for transfer of pending cases …
Supreme Court of India16 Mar 2021Full text
2021 INSC 188 · [2021] 2 S.C.R. 915
2. It is not the grievance of the petitioners that any candidate who had secured marks lesser than the petitioners, has been selected. The challenge is to the shifting of candidates, who were earlier selected against posts meant for reserved categories, to Gthe open category. [Para 7][923-D] 3. The process adopted by t…
Supreme Court of India15 Mar 2021Full text
2021 INSC 187 · [2021] 3 S.C.R. 114
application u/ss. 230 to 232 of the Act of 2013 by appellant-promoter of GNCL before the NCLT proposing a scheme for compromise and arrangement between the erstwhile promoters and creditors and the same was allowed – Appeal thereagainst by respondent-unsecured creditor of the corporate debtor – NCLAT holding that F pro…
Supreme Court of India15 Mar 2021Full text
2021 INSC 186 · [2021] 3 S.C.R. 68
– Finally, respondent issued a legal notice dated 30.01.2010 and ‘clarification notice’ dated 20.03.2010 – Appellant by letter dated 10.11.2010, rejected the claim of reimbursement and stated that they have made final payments towards the work order – On 06.11.2013, the respondent filed applications u/s.11 of the Act –…
Supreme Court of India15 Mar 2021Full text
2021 INSC 185 · [2021] 3 S.C.R. 87
H 87 88 SUPREME COURT REPORTS [2021] 3 S.C.R. A Allowing the appeals, the Court HELD: 1. In Hardeep Singh, this Court had an occasion to consider in detail the scope and ambit of the powers of the Magistrate under Section 319 CrPC, the object and purpose of Section 319 CrPC etc. It is observed in the said decision that…
Supreme Court of India15 Mar 2021Full text
2021 INSC 184 · [2021] 4 S.C.R. 521
521 522 SUPREME COURT REPORTS [2021] 4 S.C.R. A professionals appointed by the RP – Whether any work has been done as claimed and if so, the nature of the work done by the valuer is something which need not detain this Court, since it is purely a factual matter to be assessed by NCLT – The availability of a grievance r…
Supreme Court of India15 Mar 2021Full text
2021 INSC 183 · [2021] 2 S.C.R. 1000
S. Wasim A. Qadri, Sr. Adv., Md. Ali, Mohit Mishra, Advs. for the Appellant. C V. K. Shukla, Sr. Adv., Adarsh Upadhyay, Ms. Mayuri Raghuvanshi, Advs. for the Respondent. The Order of the Court was passed : ORDER D 1. Leave granted. 2. An FIR bearing No. 04/2017 has been registered against the appellant-accused Fakhrey …
Supreme Court of India15 Mar 2021Full text
2021 INSC 182 · [2021] 7 S.C.R. 52
of the same stands on altogether a different footing than forging/ manipulating other documents between two individuals – Considering the very serious allegations of forging/manipulating court order and respondent No.2 having taken advantage of the same, the High Court was not justified in releasing him on bail – Merel…
Supreme Court of India15 Mar 2021Full text
2021 INSC 181 · [2021] 7 S.C.R. 264
E Allowing the appeal, the Court HELD: There can be no manner of doubt that the protection of personal liberty under Article 21 of the Constitution of India, is a constitutional value which has to be respected by the High Court, as indeed by all courts. Equally, in a matter such as the F present, where a serious offenc…
Supreme Court of India12 Mar 2021Full text
2021 INSC 180 · [2021] 2 S.C.R. 1020
1020 SUPREME COURT[2021]REPORTS2 S.C.R. 1020 [2021] 2 S.C.R. A BHIMA RAZU PRASAD v. STATE, REP. BY DEPUTY SUPERINTENDENT OF POLICE, CBI/SPE/ACU-II B (Criminal Appeal No. 305 of 2021) MARCH 12, 2021 [MOHAN M. SHANTANAGOUDAR AND VINEET SARAN, JJ.] Code of Criminal Procedure, 1973 – s.195(1)(b) – Penal C Code, 1860 – ss.4…
Supreme Court of India12 Jan 2021Full text
2021 INSC 18 · [2021] 1 S.C.R. 344
344 (HPBSM & DA) v. THE CENTRAL EMPOWERED COMMITTEE 345 ETC. & ORS. for and was illegal – Hence instant appeal – Held: The construction A of the Hotel-cum-Restaurant structure in the Bus Stand Complex was illegal and constituted a brazen violation of law – The permission which was granted by MOEF on 12 November 1997 wa…
Supreme Court of India12 Mar 2021Full text
2021 INSC 179 · [2021] 2 S.C.R. 770
STATE OF GOA v. FOUZIYA IMTIAZ SHAIKH 771 Municipal Councils, by Director of Municipal Administrator – Writ A petitions challenging amendment to s. 10(1) and the order dated 04.02.21 – On 22.2.2021, Notification was issued out at 9.00 am and presented to the Goa Bench, by which elections to the 11 Municipal Councils co…
Supreme Court of India10 Mar 2021Full text
2021 INSC 177 · [2021] 2 S.C.R. 577
PRITI SARAF & ANR. v. STATE OF NCT OF DELHI & ANR. 579 inherent jurisdiction. The High Court has primarily adverted on A two circumstances, (i) that it was a case of termination of agreement to sell on account of an alleged breach of the contract and (ii) the fact that the arbitral proceedings have been initiated at th…
Supreme Court of India10 Mar 2021Full text
2021 INSC 176 · [2021] 2 S.C.R. 1005
1006 SUPREME COURT REPORTS [2021] 2 S.C.R. A Dr. Manish Singhvi, Sr. Adv., Milind Kumar, Advs. for the Respondents. The Order of the Court was passed : ORDER B 1. Leave granted. 2. Heard learned counsel for the appellant and Dr. Manish Singhvi, learned senior counsel appearing for the State of Rajasthan. This appeal ha…
Supreme Court of India10 Mar 2021Full text
2021 INSC 175 · [2021] 2 S.C.R. 644
works, appellant withheld certain amount towards liquidated damages/other levies – Respondent raised claim for payment of the same in May 2014 – Rejected by appellant in August 2014 – In 2020, respondent invoked the arbitration clause for appointment of arbitrator – Rejected by appellant – Respondent filed application …
Supreme Court of India10 Mar 2021Full text
2021 INSC 173 · [2021] 2 S.C.R. 677
[2021] 2 S.C.R. 677 677 KALPRAJ DHARAMSHI & ANR. A v. KOTAK INVESTMENT ADVISORS LTD. & ANR. (Civil Appeal Nos. 2943-2944 of 2020) B MARCH 10, 2021 [A.M. KHANWILKAR, B. R. GAVAI AND KRISHNA MURARI, JJ.] Insolvency and Bankruptcy Code, 2016: ss. 10, 61, 238A – Proceedings or appeals before the C adjudicating Authority, a…
Also on Law on Tips: Bare Acts · Legal news and analysis
2021 INSC 194 · [2021] 3 S.C.R. 193
delays beyond the period provided by the appeal provision itself – Limitation Act, 1963 – Arts. 116 and 117. Limitation Act, 1963: s. 5 – Application of s. 5, to appeals u/ s. 37 of the 1996 Act and to s. 13(1A) of the CC Act – Held: s. 37 when read with s. 43 thereof, makes it clear that the provisions of Fthe Limitat…
Supreme Court of India17 Mar 2021Full text
2021 INSC 191 · [2021] 7 S.C.R. 250
petition challenging order dated 08.03.1995 allowed by the Single Judge of the High Court – The order of Single Judge of High Court was set aside by Division Bench of the High Court – On appeal, held: As per D.O. letter dated 28.07.1981, the category of posts sought to be merged were only those which had two or more sc…
Supreme Court of India17 Mar 2021Full text
2021 INSC 190 · [2021] 2 S.C.R. 1131
in respect of a minor – Guardianship petition by the father-appellant seeking declaration as guardian – However, the mother-respondent neither filed the written statement nor filed reply to two applications u/Ord. VI r. 17 for amendment of pleadings, which are still pending – Instead the mother filed application u/s. 1…
Supreme Court of India16 Mar 2021Full text
2021 INSC 189 · [2021] 15 S.C.R. 96
Consumer Protection Act, 2019 – s.107 –Object and purpose of the 2019 Act – Repeal of the Consumer Protection Act, 1986 – G Proceedings pending thereunder, if to be transferred – Intention of legislature – Held: The legislature cannot be attributed to be remiss in not explicitly providing for transfer of pending cases …
Supreme Court of India16 Mar 2021Full text
2021 INSC 188 · [2021] 2 S.C.R. 915
2. It is not the grievance of the petitioners that any candidate who had secured marks lesser than the petitioners, has been selected. The challenge is to the shifting of candidates, who were earlier selected against posts meant for reserved categories, to Gthe open category. [Para 7][923-D] 3. The process adopted by t…
Supreme Court of India15 Mar 2021Full text
2021 INSC 187 · [2021] 3 S.C.R. 114
application u/ss. 230 to 232 of the Act of 2013 by appellant-promoter of GNCL before the NCLT proposing a scheme for compromise and arrangement between the erstwhile promoters and creditors and the same was allowed – Appeal thereagainst by respondent-unsecured creditor of the corporate debtor – NCLAT holding that F pro…
Supreme Court of India15 Mar 2021Full text
2021 INSC 186 · [2021] 3 S.C.R. 68
– Finally, respondent issued a legal notice dated 30.01.2010 and ‘clarification notice’ dated 20.03.2010 – Appellant by letter dated 10.11.2010, rejected the claim of reimbursement and stated that they have made final payments towards the work order – On 06.11.2013, the respondent filed applications u/s.11 of the Act –…
Supreme Court of India15 Mar 2021Full text
2021 INSC 185 · [2021] 3 S.C.R. 87
H 87 88 SUPREME COURT REPORTS [2021] 3 S.C.R. A Allowing the appeals, the Court HELD: 1. In Hardeep Singh, this Court had an occasion to consider in detail the scope and ambit of the powers of the Magistrate under Section 319 CrPC, the object and purpose of Section 319 CrPC etc. It is observed in the said decision that…
Supreme Court of India15 Mar 2021Full text
2021 INSC 184 · [2021] 4 S.C.R. 521
521 522 SUPREME COURT REPORTS [2021] 4 S.C.R. A professionals appointed by the RP – Whether any work has been done as claimed and if so, the nature of the work done by the valuer is something which need not detain this Court, since it is purely a factual matter to be assessed by NCLT – The availability of a grievance r…
Supreme Court of India15 Mar 2021Full text
2021 INSC 183 · [2021] 2 S.C.R. 1000
S. Wasim A. Qadri, Sr. Adv., Md. Ali, Mohit Mishra, Advs. for the Appellant. C V. K. Shukla, Sr. Adv., Adarsh Upadhyay, Ms. Mayuri Raghuvanshi, Advs. for the Respondent. The Order of the Court was passed : ORDER D 1. Leave granted. 2. An FIR bearing No. 04/2017 has been registered against the appellant-accused Fakhrey …
Supreme Court of India15 Mar 2021Full text
2021 INSC 182 · [2021] 7 S.C.R. 52
of the same stands on altogether a different footing than forging/ manipulating other documents between two individuals – Considering the very serious allegations of forging/manipulating court order and respondent No.2 having taken advantage of the same, the High Court was not justified in releasing him on bail – Merel…
Supreme Court of India15 Mar 2021Full text
2021 INSC 181 · [2021] 7 S.C.R. 264
E Allowing the appeal, the Court HELD: There can be no manner of doubt that the protection of personal liberty under Article 21 of the Constitution of India, is a constitutional value which has to be respected by the High Court, as indeed by all courts. Equally, in a matter such as the F present, where a serious offenc…
Supreme Court of India12 Mar 2021Full text
2021 INSC 180 · [2021] 2 S.C.R. 1020
1020 SUPREME COURT[2021]REPORTS2 S.C.R. 1020 [2021] 2 S.C.R. A BHIMA RAZU PRASAD v. STATE, REP. BY DEPUTY SUPERINTENDENT OF POLICE, CBI/SPE/ACU-II B (Criminal Appeal No. 305 of 2021) MARCH 12, 2021 [MOHAN M. SHANTANAGOUDAR AND VINEET SARAN, JJ.] Code of Criminal Procedure, 1973 – s.195(1)(b) – Penal C Code, 1860 – ss.4…
Supreme Court of India12 Jan 2021Full text
2021 INSC 18 · [2021] 1 S.C.R. 344
344 (HPBSM & DA) v. THE CENTRAL EMPOWERED COMMITTEE 345 ETC. & ORS. for and was illegal – Hence instant appeal – Held: The construction A of the Hotel-cum-Restaurant structure in the Bus Stand Complex was illegal and constituted a brazen violation of law – The permission which was granted by MOEF on 12 November 1997 wa…
Supreme Court of India12 Mar 2021Full text
2021 INSC 179 · [2021] 2 S.C.R. 770
STATE OF GOA v. FOUZIYA IMTIAZ SHAIKH 771 Municipal Councils, by Director of Municipal Administrator – Writ A petitions challenging amendment to s. 10(1) and the order dated 04.02.21 – On 22.2.2021, Notification was issued out at 9.00 am and presented to the Goa Bench, by which elections to the 11 Municipal Councils co…
Supreme Court of India10 Mar 2021Full text
2021 INSC 177 · [2021] 2 S.C.R. 577
PRITI SARAF & ANR. v. STATE OF NCT OF DELHI & ANR. 579 inherent jurisdiction. The High Court has primarily adverted on A two circumstances, (i) that it was a case of termination of agreement to sell on account of an alleged breach of the contract and (ii) the fact that the arbitral proceedings have been initiated at th…
Supreme Court of India10 Mar 2021Full text
2021 INSC 176 · [2021] 2 S.C.R. 1005
1006 SUPREME COURT REPORTS [2021] 2 S.C.R. A Dr. Manish Singhvi, Sr. Adv., Milind Kumar, Advs. for the Respondents. The Order of the Court was passed : ORDER B 1. Leave granted. 2. Heard learned counsel for the appellant and Dr. Manish Singhvi, learned senior counsel appearing for the State of Rajasthan. This appeal ha…
Supreme Court of India10 Mar 2021Full text
2021 INSC 175 · [2021] 2 S.C.R. 644
works, appellant withheld certain amount towards liquidated damages/other levies – Respondent raised claim for payment of the same in May 2014 – Rejected by appellant in August 2014 – In 2020, respondent invoked the arbitration clause for appointment of arbitrator – Rejected by appellant – Respondent filed application …
Supreme Court of India10 Mar 2021Full text
2021 INSC 173 · [2021] 2 S.C.R. 677
[2021] 2 S.C.R. 677 677 KALPRAJ DHARAMSHI & ANR. A v. KOTAK INVESTMENT ADVISORS LTD. & ANR. (Civil Appeal Nos. 2943-2944 of 2020) B MARCH 10, 2021 [A.M. KHANWILKAR, B. R. GAVAI AND KRISHNA MURARI, JJ.] Insolvency and Bankruptcy Code, 2016: ss. 10, 61, 238A – Proceedings or appeals before the C adjudicating Authority, a…
Also on Law on Tips: Bare Acts · Legal news and analysis