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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.
4,461–4,480 · Page 224 of 500
Supreme Court of India5 Mar 2021Full text
2021 INSC 153 · [2021] 2 S.C.R. 986
by the proceedings before the High Court for the quashing of the FIR – The High Court dismissed the petition filed by the second and third respondents u/s. 482 Cr.P.C.– While the High Court did not grant relief to the second respondent, it issued a final direction, restraining the arrest of the third respondent – The s…
Supreme Court of India4 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.
4,461–4,480 · Page 224 of 500
Supreme Court of India5 Mar 2021Full text
2021 INSC 153 · [2021] 2 S.C.R. 986
by the proceedings before the High Court for the quashing of the FIR – The High Court dismissed the petition filed by the second and third respondents u/s. 482 Cr.P.C.– While the High Court did not grant relief to the second respondent, it issued a final direction, restraining the arrest of the third respondent – The s…
Supreme Court of India4 Mar 2021Full text
2021 INSC 152 · [2021] 3 S.C.R. 50
Parag Tripathi, Sr. Adv., Ms. Priya Kumar, Shailabh Tiwari, C. D. C Mulherkar, Ms. Mishika Bajpai, Chanakya Dwivedi, Ms. Mohna, Advs. for the Appellant. Ms. Manmeet Arora, Ms. Samapika Biswal, Rajat Mittal, Advs. for the Respondents. D The Judgment of the Court was delivered by R. F. NARIMAN, J. 1. Leave granted. 2. Th…
Supreme Court of India4 Mar 2021Full text
2021 INSC 151 · [2021] 2 S.C.R. 160
harsh and disproportionate – High Court directed to reinstate the delinquent into service with all consequential benefits holding that entire proceedings were vitiated on account of non-compliance with the Circular dated 18.01.2005 r/w. r. 12 of Postal Manual Volume III – Appeal to Supreme Court – Held: Non-compliance …
Supreme Court of India4 Mar 2021Full text
2021 INSC 150 · [2021] 2 S.C.R. 173
[2021] 2 S.C.R. 173 173 VIKAS KISHANRAO GAWALI A v. STATE OF MAHARASHTRA & ORS. (Writ Petition (Civil) No. 980 of 2019) MARCH 04, 2021 B [A.M. KHANWILKAR, INDU MALHOTRA AND AJAY RASTOGI, JJ.] Maharashtra Zilla Parishads and Panchayat Samitis Act, C 1961 – s.12(2)(c) – Constitution of India – Arts. 14, 16, 243-D and 243…
Supreme Court of India11 Jan 2021Full text
2021 INSC 15 · [2021] 1 S.C.R. 289
[2021] 1 S.C.R. 289 289 HIGH COURT OF KERALA A v. RESHMA A. & OTHERS ETC. (Civil Appeal Nos. 3974-3975 of 2020) JANUARY 11, 2021 B [DR. DHANANJAYA Y CHANDRACHUD AND INDIRA BANERJEE, JJ.] Service Law: Selection – Vacancies – High Court held that appointments to the post of Munsiff-Magistrate can be beyond the Cnumber of…
Supreme Court of India4 Mar 2021Full text
2021 INSC 148 · [2021] 4 S.C.R. 467
Judicial review: Arbitral award – Held: Court does not sit in appeal over an award passed by an arbitrator. Dismissing the appeals, the Court HELD : 1.1 This Court has consistently held that the Court Edoes not sit in appeal over an award passed by an arbitrator. [Para 11][473-A-B] Kwality Manufacturing Corporation v. …
Supreme Court of India3 Mar 2021Full text
2021 INSC 147 · [2021] 2 S.C.R. 1073
entire process becomes illegitimate – The requirement that a public body must act in fair and reasonable terms animates the entire process of selection – Recruitment to public service must command public confidence – In the present case, the report of the Committee dwells on: (i) The delay of five years in holding the …
Supreme Court of India3 Mar 2021Full text
2021 INSC 146 · [2021] 1 S.C.R. 1111
deposited u/s. 17 of the 1887 Act – The trial Court by order dated 19.04.2007 rejected application u/Or.9, R.13 and s.5 of the Limitation Act – Revision against the said order was also rejected by the District Court – Respondent-tenant filed writ petition – The High Court allowed the writ petition by order dated 13.12.…
Supreme Court of India3 Mar 2021Full text
2021 INSC 145 · [2021] 2 S.C.R. 499
500 SUPREME COURT REPORTS [2021] 2 S.C.R. A both the fired cartridges recovered from the spot and fired bullet taken out from the body of the deceased were found fired from the country made pistol recovered at the instance of appellant-accused – PW-5-doctor had deposed that the cause of death was because of fire-arm in…
Supreme Court of India3 Mar 2021Full text
2021 INSC 144 · [2021] 2 S.C.R. 545
dated 13.04.2016 and stated that the Appellant’s claim was settled as a result of that letter – Before the Supreme Court, respondent-company contended that claim of the appellant is time barred – On appeal, held: The fact that from the date of the last acknowledgement i.e. 30.09.2014 till the date on which the petition…
Supreme Court of India3 Mar 2021Full text
2021 INSC 143 · [2021] 2 S.C.R. 493
Mrs. Nanita Sharma, Adv. for the appellant. D Deepak Thukral, Dy.A.G., Gautam Sharma, Dr. Monika Gusain, Advs. for the respondent. The Judgment of the Court was delivered by R. SUBHASH REDDY, J. E 1. Leave granted. 2. This appeal has been filed by the accused in Session Case No.20 of 2008, on the file of the learned Ad…
Supreme Court of India2 Mar 2021Full text
2021 INSC 142 · [2021] 2 S.C.R. 538
538 THE STATE (GNCT OF DELHI) NARCOTICS CONTROL BUREAU 539 v. LOKESH CHADHA not to say that the High Court is deprived of its power to suspend A the sentence under Section 389(1) of CrPC. The High Court may do so for sufficient reasons which must have a bearing on the public policy underlying the incorporation of Secti…
Supreme Court of India2 Mar 2021Full text
2021 INSC 141 · [2021] 13 S.C.R. 282
2. The appellant argues that the appeal is to be considered as having been filed within the extended period of 60 days, since the last (of the 60 days) was a Sunday (12.07.2020). The appellant relied on Section 10 of the General Clauses Act, for this purpose. E Section 10 of the General Clauses Act, 1897 stipulates tha…
Supreme Court of India2 Mar 2021Full text
2021 INSC 140 · [2021] 1 S.C.R. 1135
[2021] 1 S.C.R. 1135 1135 DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD. A v. M/S NAVIGANT TECHNOLOGIES PVT. LTD. (Civil Appeal No. 791 of 2021) MARCH 02, 2021 B [INDU MALHOTRA AND AJAY RASTOGI, JJ.] Arbitration and Conciliation Act, 1996 – s.31 and s.34 – Period of limitation for filing the petition u/s. 34 – A service level…
Supreme Court of India11 Jan 2021Full text
2021 INSC 14 · [2021] 1 S.C.R. 681
682 SUPREME COURT REPORTS [2021] 1 S.C.R. A – Held: Per Dr Dhananjaya Y. Chandrachud: The correctness of Puttaswamy (Aadhaar-5J.) on issues pertaining to, and arising from, the certification of a Bill as a ‘Money Bill’ by the Speaker of the House of People was doubted by a co-ordinate Constitution Bench in Rojer Mathew…
Supreme Court of India2 Mar 2021Full text
2021 INSC 139 · [2021] 7 S.C.R. 166
G Allowing the appeal, the Court HELD: The Reference Court has not even adverted to the earlier judgments passed by the same Court in L.A.R. No. 25/1997 filed by the father, and L.A.R. No. 22/97 filed by the brother of the Appellant, wherein a uniform rate of Rs. 8,500 per Are was granted. H 166 MURALI ALIAS DHANANJAYA…
Supreme Court of India2 Mar 2021Full text
2021 INSC 138 · [2021] 4 S.C.R. 511
[2021] 4 S.C.R. 511 511 THE COMMISSIONER, COMMERCIAL TAX, A U.P., LUCKNOW v. S/S RUJHAN STUDIO (Civil Appeal No 793 of 2021) B MARCH 02, 2021 [DR. DHANANJAYA Y CHANDRACHUD AND M. R. SHAH, JJ.] Uttar Pradesh Value Added Tax Act, 2008: Schedule I Entry 21 – Classification of unstitched suits – Assessee respondent C engag…
Supreme Court of India2 Mar 2021Full text
2021 INSC 137 · [2021] 2 S.C.R. 321
[2021] 2 S.C.R. 321 ENGINEERING ANALYSIS CENTRE OF EXCELLENCE PRIVATE LIMITED v. THE COMMISSIONER OF INCOME TAX & ANR. (Civil Appeal Nos. 8733-8734 of 2018) MARCH 02, 2021 [R. F. NARIMAN, HEMANT GUPTA AND B. R. GAVAI, JJ.] Income Tax Act, 1961: s.195 – Amount paid by resident in India to non-resident foreign software s…
Supreme Court of India2 Mar 2021Full text
2021 INSC 136 · [2021] 2 S.C.R. 617
618 SUPREME COURT REPORTS [2021] 2 S.C.R. A reasonable doubt – Conviction and sentence passed by trial court as affirmed by High Court is set aside and appellant is acquitted of all the charges. Evidence Act, 1872: s.106 – Burden to prove – s.106 does not directly operate against either a husband or wife staying under …
Supreme Court of India1 Mar 2021Full text
2021 INSC 134 · [2021] 2 S.C.R. 137
Amit Pawan, Anand Nandan, Advs. for the Appellant. Vishnu Shankar Jain,…
Also on Law on Tips: Bare Acts · Legal news and analysis
2021 INSC 152 · [2021] 3 S.C.R. 50
Parag Tripathi, Sr. Adv., Ms. Priya Kumar, Shailabh Tiwari, C. D. C Mulherkar, Ms. Mishika Bajpai, Chanakya Dwivedi, Ms. Mohna, Advs. for the Appellant. Ms. Manmeet Arora, Ms. Samapika Biswal, Rajat Mittal, Advs. for the Respondents. D The Judgment of the Court was delivered by R. F. NARIMAN, J. 1. Leave granted. 2. Th…
Supreme Court of India4 Mar 2021Full text
2021 INSC 151 · [2021] 2 S.C.R. 160
harsh and disproportionate – High Court directed to reinstate the delinquent into service with all consequential benefits holding that entire proceedings were vitiated on account of non-compliance with the Circular dated 18.01.2005 r/w. r. 12 of Postal Manual Volume III – Appeal to Supreme Court – Held: Non-compliance …
Supreme Court of India4 Mar 2021Full text
2021 INSC 150 · [2021] 2 S.C.R. 173
[2021] 2 S.C.R. 173 173 VIKAS KISHANRAO GAWALI A v. STATE OF MAHARASHTRA & ORS. (Writ Petition (Civil) No. 980 of 2019) MARCH 04, 2021 B [A.M. KHANWILKAR, INDU MALHOTRA AND AJAY RASTOGI, JJ.] Maharashtra Zilla Parishads and Panchayat Samitis Act, C 1961 – s.12(2)(c) – Constitution of India – Arts. 14, 16, 243-D and 243…
Supreme Court of India11 Jan 2021Full text
2021 INSC 15 · [2021] 1 S.C.R. 289
[2021] 1 S.C.R. 289 289 HIGH COURT OF KERALA A v. RESHMA A. & OTHERS ETC. (Civil Appeal Nos. 3974-3975 of 2020) JANUARY 11, 2021 B [DR. DHANANJAYA Y CHANDRACHUD AND INDIRA BANERJEE, JJ.] Service Law: Selection – Vacancies – High Court held that appointments to the post of Munsiff-Magistrate can be beyond the Cnumber of…
Supreme Court of India4 Mar 2021Full text
2021 INSC 148 · [2021] 4 S.C.R. 467
Judicial review: Arbitral award – Held: Court does not sit in appeal over an award passed by an arbitrator. Dismissing the appeals, the Court HELD : 1.1 This Court has consistently held that the Court Edoes not sit in appeal over an award passed by an arbitrator. [Para 11][473-A-B] Kwality Manufacturing Corporation v. …
Supreme Court of India3 Mar 2021Full text
2021 INSC 147 · [2021] 2 S.C.R. 1073
entire process becomes illegitimate – The requirement that a public body must act in fair and reasonable terms animates the entire process of selection – Recruitment to public service must command public confidence – In the present case, the report of the Committee dwells on: (i) The delay of five years in holding the …
Supreme Court of India3 Mar 2021Full text
2021 INSC 146 · [2021] 1 S.C.R. 1111
deposited u/s. 17 of the 1887 Act – The trial Court by order dated 19.04.2007 rejected application u/Or.9, R.13 and s.5 of the Limitation Act – Revision against the said order was also rejected by the District Court – Respondent-tenant filed writ petition – The High Court allowed the writ petition by order dated 13.12.…
Supreme Court of India3 Mar 2021Full text
2021 INSC 145 · [2021] 2 S.C.R. 499
500 SUPREME COURT REPORTS [2021] 2 S.C.R. A both the fired cartridges recovered from the spot and fired bullet taken out from the body of the deceased were found fired from the country made pistol recovered at the instance of appellant-accused – PW-5-doctor had deposed that the cause of death was because of fire-arm in…
Supreme Court of India3 Mar 2021Full text
2021 INSC 144 · [2021] 2 S.C.R. 545
dated 13.04.2016 and stated that the Appellant’s claim was settled as a result of that letter – Before the Supreme Court, respondent-company contended that claim of the appellant is time barred – On appeal, held: The fact that from the date of the last acknowledgement i.e. 30.09.2014 till the date on which the petition…
Supreme Court of India3 Mar 2021Full text
2021 INSC 143 · [2021] 2 S.C.R. 493
Mrs. Nanita Sharma, Adv. for the appellant. D Deepak Thukral, Dy.A.G., Gautam Sharma, Dr. Monika Gusain, Advs. for the respondent. The Judgment of the Court was delivered by R. SUBHASH REDDY, J. E 1. Leave granted. 2. This appeal has been filed by the accused in Session Case No.20 of 2008, on the file of the learned Ad…
Supreme Court of India2 Mar 2021Full text
2021 INSC 142 · [2021] 2 S.C.R. 538
538 THE STATE (GNCT OF DELHI) NARCOTICS CONTROL BUREAU 539 v. LOKESH CHADHA not to say that the High Court is deprived of its power to suspend A the sentence under Section 389(1) of CrPC. The High Court may do so for sufficient reasons which must have a bearing on the public policy underlying the incorporation of Secti…
Supreme Court of India2 Mar 2021Full text
2021 INSC 141 · [2021] 13 S.C.R. 282
2. The appellant argues that the appeal is to be considered as having been filed within the extended period of 60 days, since the last (of the 60 days) was a Sunday (12.07.2020). The appellant relied on Section 10 of the General Clauses Act, for this purpose. E Section 10 of the General Clauses Act, 1897 stipulates tha…
Supreme Court of India2 Mar 2021Full text
2021 INSC 140 · [2021] 1 S.C.R. 1135
[2021] 1 S.C.R. 1135 1135 DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD. A v. M/S NAVIGANT TECHNOLOGIES PVT. LTD. (Civil Appeal No. 791 of 2021) MARCH 02, 2021 B [INDU MALHOTRA AND AJAY RASTOGI, JJ.] Arbitration and Conciliation Act, 1996 – s.31 and s.34 – Period of limitation for filing the petition u/s. 34 – A service level…
Supreme Court of India11 Jan 2021Full text
2021 INSC 14 · [2021] 1 S.C.R. 681
682 SUPREME COURT REPORTS [2021] 1 S.C.R. A – Held: Per Dr Dhananjaya Y. Chandrachud: The correctness of Puttaswamy (Aadhaar-5J.) on issues pertaining to, and arising from, the certification of a Bill as a ‘Money Bill’ by the Speaker of the House of People was doubted by a co-ordinate Constitution Bench in Rojer Mathew…
Supreme Court of India2 Mar 2021Full text
2021 INSC 139 · [2021] 7 S.C.R. 166
G Allowing the appeal, the Court HELD: The Reference Court has not even adverted to the earlier judgments passed by the same Court in L.A.R. No. 25/1997 filed by the father, and L.A.R. No. 22/97 filed by the brother of the Appellant, wherein a uniform rate of Rs. 8,500 per Are was granted. H 166 MURALI ALIAS DHANANJAYA…
Supreme Court of India2 Mar 2021Full text
2021 INSC 138 · [2021] 4 S.C.R. 511
[2021] 4 S.C.R. 511 511 THE COMMISSIONER, COMMERCIAL TAX, A U.P., LUCKNOW v. S/S RUJHAN STUDIO (Civil Appeal No 793 of 2021) B MARCH 02, 2021 [DR. DHANANJAYA Y CHANDRACHUD AND M. R. SHAH, JJ.] Uttar Pradesh Value Added Tax Act, 2008: Schedule I Entry 21 – Classification of unstitched suits – Assessee respondent C engag…
Supreme Court of India2 Mar 2021Full text
2021 INSC 137 · [2021] 2 S.C.R. 321
[2021] 2 S.C.R. 321 ENGINEERING ANALYSIS CENTRE OF EXCELLENCE PRIVATE LIMITED v. THE COMMISSIONER OF INCOME TAX & ANR. (Civil Appeal Nos. 8733-8734 of 2018) MARCH 02, 2021 [R. F. NARIMAN, HEMANT GUPTA AND B. R. GAVAI, JJ.] Income Tax Act, 1961: s.195 – Amount paid by resident in India to non-resident foreign software s…
Supreme Court of India2 Mar 2021Full text
2021 INSC 136 · [2021] 2 S.C.R. 617
618 SUPREME COURT REPORTS [2021] 2 S.C.R. A reasonable doubt – Conviction and sentence passed by trial court as affirmed by High Court is set aside and appellant is acquitted of all the charges. Evidence Act, 1872: s.106 – Burden to prove – s.106 does not directly operate against either a husband or wife staying under …
Supreme Court of India1 Mar 2021Full text
2021 INSC 134 · [2021] 2 S.C.R. 137
Amit Pawan, Anand Nandan, Advs. for the Appellant. Vishnu Shankar Jain,…
Also on Law on Tips: Bare Acts · Legal news and analysis