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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.
4,441–4,460 · Page 223 of 500
Supreme Court of India9 Mar 2021Full text
2021 INSC 172 · [2021] 2 S.C.R. 266
with a note of “insufficient funds” in the account of appellant – Notices sent by respondent – Neither responded to nor any payment made within the statutory period – Complaints filed by the respondent u/s.138 – Finding of acquittal returned by Trial Court – Reversed by High Court – Held: Appellant has only recorded he…
Supreme Court of India9 Mar 2021Full text
2021 INSC 171 · [2021] 2 S.C.R. 905
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.
4,441–4,460 · Page 223 of 500
Supreme Court of India9 Mar 2021Full text
2021 INSC 172 · [2021] 2 S.C.R. 266
with a note of “insufficient funds” in the account of appellant – Notices sent by respondent – Neither responded to nor any payment made within the statutory period – Complaints filed by the respondent u/s.138 – Finding of acquittal returned by Trial Court – Reversed by High Court – Held: Appellant has only recorded he…
Supreme Court of India9 Mar 2021Full text
2021 INSC 171 · [2021] 2 S.C.R. 905
– In the present case, cause of action as per the averments in the FIR are alleged to have arisen in New Delhi, where the matrimonial home of the Petitioner is situated – A criminal case ought to be inquired and tried ordinarily where the cause of action has accrued – Further, most of the prosecution witnesses are situ…
Supreme Court of India9 Mar 2021Full text
2021 INSC 170 · [2021] 2 S.C.R. 238
exercised the option to continue their respective leases by paying the premium– Contempt petitions filed alleging that despite such deposits no supplementary deed was executed – Held: Plots were meant for five-star and three-star hotels which were to come up well-in-time to cater to the demand for hotels around Commonw…
Supreme Court of India12 Jan 2021Full text
2021 INSC 17 · [2021] 1 S.C.R. 78
78 SUPREME COURT[2021]REPORTS1 S.C.R. 78 [2021] 1 S.C.R. A THE MAVILAYI SERVICE COOPERATIVE BANK LTD. & ORS. v. COMMISSIONER OF INCOME TAX, CALICUT & ANR. B (Civil Appeal Nos.7343-7350 of 2019) JANUARY 12, 2021 [R. F. NARIMAN, NAVIN SINHA AND K. M. JOSEPH, JJ.] Income Tax Act, 1961: s.80P(2) – Deduction for Cooperative…
Supreme Court of India9 Mar 2021Full text
2021 INSC 169 · [2021] 3 S.C.R. 776
Customs Act, 1962: s.6 – Import of cameras – Deputy FCommissioner of Customs checked the goods and took a decision to clear the goods as being exempt from duty – Show cause notice issued under s.28(4) by Additional Director General, Directorate of Revenue Intelligence alleging that the Customs Authorities had been indu…
Supreme Court of India8 Mar 2021Full text
2021 INSC 168 · [2021] 2 S.C.R. 640
of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021; 2) In cases where the limitation would have expired during the period between 15.03.2020 till 14.03.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of…
Supreme Court of India8 Mar 2021Full text
2021 INSC 167 · [2021] 2 S.C.R. 1010
Dr. Sumant Bharadwaj, Ms. Mridula Ray Bharadwaj, Advs. for the Appellant. The Order of the Court was passed : C ORDER 1. This Special Leave Petition is against a judgment and order dated 8th October 2020 passed by the High Court of Judicature at Madras, dismissing the appeal being C.M.A. No.1527 filed by the Employees …
Supreme Court of India8 Mar 2021Full text
2021 INSC 166 · [2021] 1 S.C.R. 1162
– However, the ultimate order appointing a retired Judge the Sole Arbitrator is upheld – Arbitrator to first determine the preliminary F issue as to whether an Arbitration Agreement exists between the parties and decide the merits of the case only if such an agreement exists – Arbitration and Conciliation (Amendment) A…
Supreme Court of India8 Mar 2021Full text
2021 INSC 165 · [2021] 2 S.C.R. 570
[Para 11][575-E-F] 2.2 The High Court was clearly not justified in granting bail and the reasons provided by the High Court, do not reflect application of mind to the seriousness of the offence which is H 570 UNION OF INDIA v. PRATEEK SHUKLA 571 involved. The allegations against the respondent indicate that A he was a …
Supreme Court of India8 Mar 2021Full text
2021 INSC 164 · [2021] 2 S.C.R. 633
– Complaint case filed by respondent no.1-original complainant is quashed. Allowing the appeal, the Court Held: 1.1 The dishonoured cheque was issued by original F accused No. 1 – husband of the appellant. It was drawn from the bank account of original accused No. 1. The dishonoured cheque was signed by original accuse…
Supreme Court of India8 Mar 2021Full text
2021 INSC 163 · [2021] 13 S.C.R. 611
612 SUPREME COURT REPORTS [2021] 13 S.C.R. A decision specifically examine the issue of its jurisdiction u/s. 60(5)(c) of the IBC – The institutional framework under the IBC contemplates the establishment of a single forum to deal with matters of insolvency, which were distributed earlier across multiple fora – The cor…
Supreme Court of India8 Mar 2021Full text
2021 INSC 162 · [2021] 2 S.C.R. 280
Words and Phrases: G “endeavour” – Meaning of. Partly allowing the appeal, the Court HELD: 1. Clause 20 of the letter of allotment provides that the appellant shall “endeavour” to complete the construction of H 280 NBCC (INDIA) LIMITED v. SHRI RAM TRIVEDI 281 the dwelling unit within two and a half years from the date …
Supreme Court of India8 Mar 2021Full text
2021 INSC 161 · [2021] 2 S.C.R. 229
Allowing the appeals, the Court E HELD: 1. Ex facie, the orders of the High Court would indicate that the only basis for claiming bail in the present batch of cases was by placing reliance on the order granting bail to the co-accused. Since bail has been granted to all the respondent-accused who have claimed parity on …
Supreme Court of India8 Mar 2021Full text
2021 INSC 160 · [2021] 2 S.C.R. 550
respondent No. 2 in filing delayed complaint case, suppressing material facts and utilizing the fresh proceedings to materially improve on his earlier version, amounts to gross abuse of the process of the Court – Permitting multiple complaints by the same party in respect of same incident would run counter to the princ…
Supreme Court of India12 Jan 2021Full text
2021 INSC 16 · [2021] 1 S.C.R. 249
[2021] 1 S.C.R. 249 249 ANVERSINH @ KIRANSINH FATESINH ZALA A v. STATE OF GUJARAT (Criminal Appeal No. 1919 of 2010) JANUARY 12, 2021 B [N. V. RAMANA, CJI, S. ABDUL NAZEER AND SURYA KANT, JJ.] Penal Code, 1860: ss.361 and 366 – Kidnapping – Victim-minor girl aged 16 years recovered from custody of appellant – C Appella…
Supreme Court of India8 Mar 2021Full text
2021 INSC 159 · [2021] 2 S.C.R. 595
– Code of Criminal Procedure, 1973 – s.378. E Dismissing the appeal, the Court HELD: 1.1 The High Court has specifically observed and held that the finding recorded by the trial Court discarding and/ or not believing the dying declaration (Exhibit P5) is perverse and contrary to the evidence on record. The High Court h…
Supreme Court of India8 Mar 2021Full text
2021 INSC 158 · [2021] 3 S.C.R. 622
622 SUPREME COURT[2021]REPORTS3 S.C.R. 622 [2021] 3 S.C.R. A WESTINGHOUSE SAXBY FARMER LTD. v. COMMR. OF CENTRAL EXCISE CALCUTTA (Civil Appeal No. 37 of 2009) B MARCH 08, 2021 [S. A. BOBDE, CJI, A. S. BOPANNA AND V. RAMASUBRAMANIAN, JJ.] Central Excise Tariff Act, 1985: Chapter 86, Tariff Item No. 8608 and Chapter 85 T…
Supreme Court of India5 Mar 2021Full text
2021 INSC 156 · [2021] 7 S.C.R. 13
feature of the judicial process – Reasons constitute the soul of a judicial decision – It was necessary for the High Court to express an opinion on the merits of the rival submissions since it was seized of proceedings u/ Art.226 – High Court having not carried out the exercise, the judgment of High Court is set aside …
Supreme Court of India5 Mar 2021Full text
2021 INSC 155 · [2021] 2 S.C.R. 1060
filed by the respondent in support of his claim of tenancy – When there is no evidence of taking premises on rent and it is admitted by respondent that he had not maintained any record of accounts of payment of rent, there is no base for holding that relationship of landlord and tenant is proved – Thus, respondent had …
Supreme Court of India5 Mar 2021Full text
2021 INSC 154 · [2021] 2 S.C.R. 1164
1166 SUPREME COURT REPORTS [2021] 2 S.C.R. A the interpretation of Section 27 of the Act by further observing that the proviso which contains the word “first” does not have any relation to the offer and placement of such reserved category candidates, including, Most Backward Classes who attain their position by way of …
Also on Law on Tips: Bare Acts · Legal news and analysis
– In the present case, cause of action as per the averments in the FIR are alleged to have arisen in New Delhi, where the matrimonial home of the Petitioner is situated – A criminal case ought to be inquired and tried ordinarily where the cause of action has accrued – Further, most of the prosecution witnesses are situ…
Supreme Court of India9 Mar 2021Full text
2021 INSC 170 · [2021] 2 S.C.R. 238
exercised the option to continue their respective leases by paying the premium– Contempt petitions filed alleging that despite such deposits no supplementary deed was executed – Held: Plots were meant for five-star and three-star hotels which were to come up well-in-time to cater to the demand for hotels around Commonw…
Supreme Court of India12 Jan 2021Full text
2021 INSC 17 · [2021] 1 S.C.R. 78
78 SUPREME COURT[2021]REPORTS1 S.C.R. 78 [2021] 1 S.C.R. A THE MAVILAYI SERVICE COOPERATIVE BANK LTD. & ORS. v. COMMISSIONER OF INCOME TAX, CALICUT & ANR. B (Civil Appeal Nos.7343-7350 of 2019) JANUARY 12, 2021 [R. F. NARIMAN, NAVIN SINHA AND K. M. JOSEPH, JJ.] Income Tax Act, 1961: s.80P(2) – Deduction for Cooperative…
Supreme Court of India9 Mar 2021Full text
2021 INSC 169 · [2021] 3 S.C.R. 776
Customs Act, 1962: s.6 – Import of cameras – Deputy FCommissioner of Customs checked the goods and took a decision to clear the goods as being exempt from duty – Show cause notice issued under s.28(4) by Additional Director General, Directorate of Revenue Intelligence alleging that the Customs Authorities had been indu…
Supreme Court of India8 Mar 2021Full text
2021 INSC 168 · [2021] 2 S.C.R. 640
of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021; 2) In cases where the limitation would have expired during the period between 15.03.2020 till 14.03.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of…
Supreme Court of India8 Mar 2021Full text
2021 INSC 167 · [2021] 2 S.C.R. 1010
Dr. Sumant Bharadwaj, Ms. Mridula Ray Bharadwaj, Advs. for the Appellant. The Order of the Court was passed : C ORDER 1. This Special Leave Petition is against a judgment and order dated 8th October 2020 passed by the High Court of Judicature at Madras, dismissing the appeal being C.M.A. No.1527 filed by the Employees …
Supreme Court of India8 Mar 2021Full text
2021 INSC 166 · [2021] 1 S.C.R. 1162
– However, the ultimate order appointing a retired Judge the Sole Arbitrator is upheld – Arbitrator to first determine the preliminary F issue as to whether an Arbitration Agreement exists between the parties and decide the merits of the case only if such an agreement exists – Arbitration and Conciliation (Amendment) A…
Supreme Court of India8 Mar 2021Full text
2021 INSC 165 · [2021] 2 S.C.R. 570
[Para 11][575-E-F] 2.2 The High Court was clearly not justified in granting bail and the reasons provided by the High Court, do not reflect application of mind to the seriousness of the offence which is H 570 UNION OF INDIA v. PRATEEK SHUKLA 571 involved. The allegations against the respondent indicate that A he was a …
Supreme Court of India8 Mar 2021Full text
2021 INSC 164 · [2021] 2 S.C.R. 633
– Complaint case filed by respondent no.1-original complainant is quashed. Allowing the appeal, the Court Held: 1.1 The dishonoured cheque was issued by original F accused No. 1 – husband of the appellant. It was drawn from the bank account of original accused No. 1. The dishonoured cheque was signed by original accuse…
Supreme Court of India8 Mar 2021Full text
2021 INSC 163 · [2021] 13 S.C.R. 611
612 SUPREME COURT REPORTS [2021] 13 S.C.R. A decision specifically examine the issue of its jurisdiction u/s. 60(5)(c) of the IBC – The institutional framework under the IBC contemplates the establishment of a single forum to deal with matters of insolvency, which were distributed earlier across multiple fora – The cor…
Supreme Court of India8 Mar 2021Full text
2021 INSC 162 · [2021] 2 S.C.R. 280
Words and Phrases: G “endeavour” – Meaning of. Partly allowing the appeal, the Court HELD: 1. Clause 20 of the letter of allotment provides that the appellant shall “endeavour” to complete the construction of H 280 NBCC (INDIA) LIMITED v. SHRI RAM TRIVEDI 281 the dwelling unit within two and a half years from the date …
Supreme Court of India8 Mar 2021Full text
2021 INSC 161 · [2021] 2 S.C.R. 229
Allowing the appeals, the Court E HELD: 1. Ex facie, the orders of the High Court would indicate that the only basis for claiming bail in the present batch of cases was by placing reliance on the order granting bail to the co-accused. Since bail has been granted to all the respondent-accused who have claimed parity on …
Supreme Court of India8 Mar 2021Full text
2021 INSC 160 · [2021] 2 S.C.R. 550
respondent No. 2 in filing delayed complaint case, suppressing material facts and utilizing the fresh proceedings to materially improve on his earlier version, amounts to gross abuse of the process of the Court – Permitting multiple complaints by the same party in respect of same incident would run counter to the princ…
Supreme Court of India12 Jan 2021Full text
2021 INSC 16 · [2021] 1 S.C.R. 249
[2021] 1 S.C.R. 249 249 ANVERSINH @ KIRANSINH FATESINH ZALA A v. STATE OF GUJARAT (Criminal Appeal No. 1919 of 2010) JANUARY 12, 2021 B [N. V. RAMANA, CJI, S. ABDUL NAZEER AND SURYA KANT, JJ.] Penal Code, 1860: ss.361 and 366 – Kidnapping – Victim-minor girl aged 16 years recovered from custody of appellant – C Appella…
Supreme Court of India8 Mar 2021Full text
2021 INSC 159 · [2021] 2 S.C.R. 595
– Code of Criminal Procedure, 1973 – s.378. E Dismissing the appeal, the Court HELD: 1.1 The High Court has specifically observed and held that the finding recorded by the trial Court discarding and/ or not believing the dying declaration (Exhibit P5) is perverse and contrary to the evidence on record. The High Court h…
Supreme Court of India8 Mar 2021Full text
2021 INSC 158 · [2021] 3 S.C.R. 622
622 SUPREME COURT[2021]REPORTS3 S.C.R. 622 [2021] 3 S.C.R. A WESTINGHOUSE SAXBY FARMER LTD. v. COMMR. OF CENTRAL EXCISE CALCUTTA (Civil Appeal No. 37 of 2009) B MARCH 08, 2021 [S. A. BOBDE, CJI, A. S. BOPANNA AND V. RAMASUBRAMANIAN, JJ.] Central Excise Tariff Act, 1985: Chapter 86, Tariff Item No. 8608 and Chapter 85 T…
Supreme Court of India5 Mar 2021Full text
2021 INSC 156 · [2021] 7 S.C.R. 13
feature of the judicial process – Reasons constitute the soul of a judicial decision – It was necessary for the High Court to express an opinion on the merits of the rival submissions since it was seized of proceedings u/ Art.226 – High Court having not carried out the exercise, the judgment of High Court is set aside …
Supreme Court of India5 Mar 2021Full text
2021 INSC 155 · [2021] 2 S.C.R. 1060
filed by the respondent in support of his claim of tenancy – When there is no evidence of taking premises on rent and it is admitted by respondent that he had not maintained any record of accounts of payment of rent, there is no base for holding that relationship of landlord and tenant is proved – Thus, respondent had …
Supreme Court of India5 Mar 2021Full text
2021 INSC 154 · [2021] 2 S.C.R. 1164
1166 SUPREME COURT REPORTS [2021] 2 S.C.R. A the interpretation of Section 27 of the Act by further observing that the proviso which contains the word “first” does not have any relation to the offer and placement of such reserved category candidates, including, Most Backward Classes who attain their position by way of …
Also on Law on Tips: Bare Acts · Legal news and analysis