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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.
4,481–4,500 · Page 225 of 500
Supreme Court of India1 Mar 2021Full text
2021 INSC 132 · [2021] 2 S.C.R. 145
Allowing the appeal, the Court HELD: 1. It is not correct to say that the impugned FIR would not be maintainable, and deserves to be quashed and set H 145 146 SUPREME COURT REPORTS [2021] 2 S.C.R. A aside for the reason that as on the same allegations, the private respondent-complainant has filed an application under S…
Supreme Court of India1 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.
4,481–4,500 · Page 225 of 500
Supreme Court of India1 Mar 2021Full text
2021 INSC 132 · [2021] 2 S.C.R. 145
Allowing the appeal, the Court HELD: 1. It is not correct to say that the impugned FIR would not be maintainable, and deserves to be quashed and set H 145 146 SUPREME COURT REPORTS [2021] 2 S.C.R. A aside for the reason that as on the same allegations, the private respondent-complainant has filed an application under S…
Supreme Court of India1 Mar 2021Full text
2021 INSC 130 · [2021] 2 S.C.R. 124
be examined independently in the substantive suit No. 3162 / 2005 filed at their instance (which is pending adjudication before High Court) – Propriety – Held: Proper – Since the Appellants were not a party to the Consent Terms as evident from the record, when the Orders came to be passed on 16.02.2005 followed with 03…
Supreme Court of India11 Jan 2021Full text
2021 INSC 13 · [2021] 2 S.C.R. 1
[2021] 2 S.C.R. 1 1 IREO GRACE REALTECH PVT. LTD. A v. ABHISHEK KHANNA & OTHERS (Civil Appeal No. 5785 of 2019) JANUARY 11, 2021 B [DR. DHANANJAYA Y CHANDRACHUD, INDU MALHOTRA AND INDIRA BANERJEE, JJ.] Consumer Protection – Apartment Buyer’s Agreement – Unfair trade practice – Oppressive and one sided contractual terms…
Supreme Court of India1 Mar 2021Full text
2021 INSC 129 · [2021] 3 S.C.R. 26
26 SUPREME COURT[2021]REPORTS3 S.C.R. 26 [2021] 3 S.C.R. A GOVERNMENT OF KERALA & ANR. v. MOTHER SUPERIOR ADORATION CONVENT (Civil Appeal No. 202 of 2012) B MARCH 01, 2021 [R. F. NARIMAN AND B. R. GAVAI, JJ.] Kerala Building Tax Act, 1975 – s.3(1)(b) – Exemption from building tax – The State claims that no exemption fr…
Supreme Court of India1 Mar 2021Full text
2021 INSC 128 · [2021] 3 S.C.R. 597
Insolvency and Bankruptcy Code, 2016 – Object of vis-à-vis Companies Act – Discussed. Interpretation of Statutes: Special Law v. General Law – Discussed – Insolvency and G Bankruptcy Code, 2016 – Companies Act. Non-obstante clause – Insolvency and Bankruptcy Code, 2016 – s.238 – Held: Non-obstante clause in s.238 makes…
Supreme Court of India1 Mar 2021Full text
2021 INSC 127 · [2021] 2 S.C.R. 520
520 KRIDHAN INFRASTRUCTURE PVT. LTD. v. VENKATESAN 521 SANKARANARAYAN appellant will be unable to raise funds from the term lenders, who A were insisting on changing the status of company from under liquidation to an active status – The order of liquidation was not set aside – What the request of the appellant reduces …
Supreme Court of India1 Mar 2021Full text
2021 INSC 126 · [2021] 3 S.C.R. 1
possession is made over to appellant – Three separate appeals were filed before the Supreme Court against the said order, one by the State and second by appellant only on the limited ground, namely, compensation cannot be assessed by District Judge and third one by WBMDTCL – Held: The impugned judgment of Division Benc…
Supreme Court of India1 Mar 2021Full text
2021 INSC 125 · [2021] 2 S.C.R. 529
– ss.7, 12, 13(2) r/w 13(1)(d). Allowing the appeals, the Court G HELD: 1.1 Having due regard to the nature and ambit of Section 311 of the CrPC, it was appropriate and proper that the applications filed by the prosecution ought to have been allowed. Section 311 provides that any Court may, at any stage of any inquiry,…
Supreme Court of India26 Feb 2021Full text
2021 INSC 124 · [2021] 1 S.C.R. 716
that as per guidelines issued by State Government, the resolution was required to be placed for consideration before the Special Gram Sabha at least within 10 days from the date of Collector’s order and since that period had expired long back, the process cannot be continued further – Held: Respondent No.1 was unable t…
Supreme Court of India26 Feb 2021Full text
2021 INSC 123 · [2021] 2 S.C.R. 117
Disposing of the appeals, the Court HELD: 1. For considering dissolution of marriage at the instance of a spouse who allege mental cruelty, the result of such Gmental cruelty must be such that it is not possible to continue with the matrimonial relationship. In other words, the wronged party cannot be expected to condo…
Supreme Court of India26 Feb 2021Full text
2021 INSC 122 · [2021] 1 S.C.R. 644
Ex-parte ad-interim order – By National Company Law C Tribunal (NCLT) – In a petition u/ss. 241 and 242 of Companies Act, 2013 – Appeal to National Company Law Appellate Tribunal (NCLAT) – Order of NCLT was set aside by NCLAT on the ground that it was passed in violation of principles of natural justice and the matter …
Supreme Court of India26 Feb 2021Full text
2021 INSC 121 · [2021] 1 S.C.R. 953
– Suit filed by predecessor of the appellant and respondent no.4 decreed in toto – Appellant being the legal representative of the plaintiff is entitled for possession of the suit property being the owner thereof and also for mesne profits for the relevant period – Interpretation of Statutes –Contract Act, 1872 – s.23 …
Supreme Court of India25 Feb 2021Full text
2021 INSC 120 · [2021] 1 S.C.R. 566
RAM VIJAY SINGH v. STATE OF UTTAR PRADESH 567 between 15-1/2-17-1/2 years – Plea of juvenility raised before this A court on the basis of said order of High Court – Held: The medical report in support of the bail order is not available – Such order granting bail cannot be conclusive determination of age of the appellan…
Supreme Court of India11 Jan 2021Full text
2021 INSC 12 · [2021] 4 S.C.R. 933
company – Appellant filed a civil commercial suit against the respondent no.1 for a declaration that respondent no.1 was not entitled to encash the bank guarantee as the work order was not acted upon – It was also alleged that invocation of bank guarantee was fraudulent – The Commercial Court directed to maintain statu…
Supreme Court of India25 Feb 2021Full text
2021 INSC 118 · [2021] 1 S.C.R. 592
592 SUPREME COURT[2021]REPORTS1 S.C.R. 592 [2021] 1 S.C.R. A DEVILAL AND OTHERS v. STATE OF MADHYA PRADESH (Criminal Appeal No. 989 of 2007) B FEBRUARY 25, 2021 [UDAY UMESH LALIT, INDIRA BANERJEE AND K. M. JOSEPH, JJ.] Penal Code, 1860 – ss.302 r/w 34 – Appellants convicted u/ss.302 r/w 34, sentenced to life imprisonme…
Supreme Court of India24 Feb 2021Full text
2021 INSC 117 · [2021] 1 S.C.R. 1013
– Further, time schedule prescribed for starting a new Medical College for the Academic Year 2020-2021 is over long back – Even the last date for the year 2021-2022 which was extended to 15.12.20, in view of Covid-19 pandemic is also over by now – Thus, the State G Government or the University cannot be directed to iss…
Supreme Court of India24 Feb 2021Full text
2021 INSC 116 · [2021] 2 S.C.R. 201
[2021] 2 S.C.R. 201 201 RACHNA & ORS. A v. UNION OF INDIA & ANR. (Writ Petition (Civil) No(s). 1410 of 2020) FEBRUARY 24, 2021 B [A.M. KHANWILKAR, INDU MALHOTRA AND AJAY RASTOGI, JJ.] Constitution of India – Art. 32 – Writ petition under, by last attemptee of the UPSE exam – Mandamus sought to 1st respondent-Union of I…
Supreme Court of India24 Feb 2021Full text
2021 INSC 115 · [2021] 13 S.C.R. 89
Court – The second appeal was filed by State Election Commission against the judgment of High Court in the writ petition challenging the Clauses (3), (4) and (5) of Ordinance No.3 of 2015 promulgated by the Governor of Gujarat by which s.7A of the Gujarat Provincial Municipal Corporations Act, 1949, s.8A of Gujarat Mun…
Supreme Court of India23 Feb 2021Full text
2021 INSC 113 · [2021] 1 S.C.R. 721
Dr. Abhishek Manu Singhvi, Amit Desai, Mukul Rohatgi, Sr. Advs., Mahesh Agarwal, Ankur Saigal, RohanDakshini, Ms. Aakanksha Saxena, Shubham Kulshreshtha, Ms. Tanvi Manchanda, E. C. Agrawala, Sarad Kumar Singhania, Amit K. Nain, Advs. for the Respondents. D The following order of the Court was passed: ORDER 1. These App…
Supreme Court of India23 Feb 2021Full text
2021 INSC 112 · [2021] 3 S.C.R. 1015
1015 1016 SUPREME COURT REPORTS [2021] 3 S.C.R. A examine the impact of pandemic and to re-negotiate the terms of the resolution plan makes it abundantly clear that DVI was not willing to fulfill the terms of obligation – As far as extension of time is concerned, as DVI was found highest evaluated resolution applicant …
Also on Law on Tips: Bare Acts · Legal news and analysis
2021 INSC 130 · [2021] 2 S.C.R. 124
be examined independently in the substantive suit No. 3162 / 2005 filed at their instance (which is pending adjudication before High Court) – Propriety – Held: Proper – Since the Appellants were not a party to the Consent Terms as evident from the record, when the Orders came to be passed on 16.02.2005 followed with 03…
Supreme Court of India11 Jan 2021Full text
2021 INSC 13 · [2021] 2 S.C.R. 1
[2021] 2 S.C.R. 1 1 IREO GRACE REALTECH PVT. LTD. A v. ABHISHEK KHANNA & OTHERS (Civil Appeal No. 5785 of 2019) JANUARY 11, 2021 B [DR. DHANANJAYA Y CHANDRACHUD, INDU MALHOTRA AND INDIRA BANERJEE, JJ.] Consumer Protection – Apartment Buyer’s Agreement – Unfair trade practice – Oppressive and one sided contractual terms…
Supreme Court of India1 Mar 2021Full text
2021 INSC 129 · [2021] 3 S.C.R. 26
26 SUPREME COURT[2021]REPORTS3 S.C.R. 26 [2021] 3 S.C.R. A GOVERNMENT OF KERALA & ANR. v. MOTHER SUPERIOR ADORATION CONVENT (Civil Appeal No. 202 of 2012) B MARCH 01, 2021 [R. F. NARIMAN AND B. R. GAVAI, JJ.] Kerala Building Tax Act, 1975 – s.3(1)(b) – Exemption from building tax – The State claims that no exemption fr…
Supreme Court of India1 Mar 2021Full text
2021 INSC 128 · [2021] 3 S.C.R. 597
Insolvency and Bankruptcy Code, 2016 – Object of vis-à-vis Companies Act – Discussed. Interpretation of Statutes: Special Law v. General Law – Discussed – Insolvency and G Bankruptcy Code, 2016 – Companies Act. Non-obstante clause – Insolvency and Bankruptcy Code, 2016 – s.238 – Held: Non-obstante clause in s.238 makes…
Supreme Court of India1 Mar 2021Full text
2021 INSC 127 · [2021] 2 S.C.R. 520
520 KRIDHAN INFRASTRUCTURE PVT. LTD. v. VENKATESAN 521 SANKARANARAYAN appellant will be unable to raise funds from the term lenders, who A were insisting on changing the status of company from under liquidation to an active status – The order of liquidation was not set aside – What the request of the appellant reduces …
Supreme Court of India1 Mar 2021Full text
2021 INSC 126 · [2021] 3 S.C.R. 1
possession is made over to appellant – Three separate appeals were filed before the Supreme Court against the said order, one by the State and second by appellant only on the limited ground, namely, compensation cannot be assessed by District Judge and third one by WBMDTCL – Held: The impugned judgment of Division Benc…
Supreme Court of India1 Mar 2021Full text
2021 INSC 125 · [2021] 2 S.C.R. 529
– ss.7, 12, 13(2) r/w 13(1)(d). Allowing the appeals, the Court G HELD: 1.1 Having due regard to the nature and ambit of Section 311 of the CrPC, it was appropriate and proper that the applications filed by the prosecution ought to have been allowed. Section 311 provides that any Court may, at any stage of any inquiry,…
Supreme Court of India26 Feb 2021Full text
2021 INSC 124 · [2021] 1 S.C.R. 716
that as per guidelines issued by State Government, the resolution was required to be placed for consideration before the Special Gram Sabha at least within 10 days from the date of Collector’s order and since that period had expired long back, the process cannot be continued further – Held: Respondent No.1 was unable t…
Supreme Court of India26 Feb 2021Full text
2021 INSC 123 · [2021] 2 S.C.R. 117
Disposing of the appeals, the Court HELD: 1. For considering dissolution of marriage at the instance of a spouse who allege mental cruelty, the result of such Gmental cruelty must be such that it is not possible to continue with the matrimonial relationship. In other words, the wronged party cannot be expected to condo…
Supreme Court of India26 Feb 2021Full text
2021 INSC 122 · [2021] 1 S.C.R. 644
Ex-parte ad-interim order – By National Company Law C Tribunal (NCLT) – In a petition u/ss. 241 and 242 of Companies Act, 2013 – Appeal to National Company Law Appellate Tribunal (NCLAT) – Order of NCLT was set aside by NCLAT on the ground that it was passed in violation of principles of natural justice and the matter …
Supreme Court of India26 Feb 2021Full text
2021 INSC 121 · [2021] 1 S.C.R. 953
– Suit filed by predecessor of the appellant and respondent no.4 decreed in toto – Appellant being the legal representative of the plaintiff is entitled for possession of the suit property being the owner thereof and also for mesne profits for the relevant period – Interpretation of Statutes –Contract Act, 1872 – s.23 …
Supreme Court of India25 Feb 2021Full text
2021 INSC 120 · [2021] 1 S.C.R. 566
RAM VIJAY SINGH v. STATE OF UTTAR PRADESH 567 between 15-1/2-17-1/2 years – Plea of juvenility raised before this A court on the basis of said order of High Court – Held: The medical report in support of the bail order is not available – Such order granting bail cannot be conclusive determination of age of the appellan…
Supreme Court of India11 Jan 2021Full text
2021 INSC 12 · [2021] 4 S.C.R. 933
company – Appellant filed a civil commercial suit against the respondent no.1 for a declaration that respondent no.1 was not entitled to encash the bank guarantee as the work order was not acted upon – It was also alleged that invocation of bank guarantee was fraudulent – The Commercial Court directed to maintain statu…
Supreme Court of India25 Feb 2021Full text
2021 INSC 118 · [2021] 1 S.C.R. 592
592 SUPREME COURT[2021]REPORTS1 S.C.R. 592 [2021] 1 S.C.R. A DEVILAL AND OTHERS v. STATE OF MADHYA PRADESH (Criminal Appeal No. 989 of 2007) B FEBRUARY 25, 2021 [UDAY UMESH LALIT, INDIRA BANERJEE AND K. M. JOSEPH, JJ.] Penal Code, 1860 – ss.302 r/w 34 – Appellants convicted u/ss.302 r/w 34, sentenced to life imprisonme…
Supreme Court of India24 Feb 2021Full text
2021 INSC 117 · [2021] 1 S.C.R. 1013
– Further, time schedule prescribed for starting a new Medical College for the Academic Year 2020-2021 is over long back – Even the last date for the year 2021-2022 which was extended to 15.12.20, in view of Covid-19 pandemic is also over by now – Thus, the State G Government or the University cannot be directed to iss…
Supreme Court of India24 Feb 2021Full text
2021 INSC 116 · [2021] 2 S.C.R. 201
[2021] 2 S.C.R. 201 201 RACHNA & ORS. A v. UNION OF INDIA & ANR. (Writ Petition (Civil) No(s). 1410 of 2020) FEBRUARY 24, 2021 B [A.M. KHANWILKAR, INDU MALHOTRA AND AJAY RASTOGI, JJ.] Constitution of India – Art. 32 – Writ petition under, by last attemptee of the UPSE exam – Mandamus sought to 1st respondent-Union of I…
Supreme Court of India24 Feb 2021Full text
2021 INSC 115 · [2021] 13 S.C.R. 89
Court – The second appeal was filed by State Election Commission against the judgment of High Court in the writ petition challenging the Clauses (3), (4) and (5) of Ordinance No.3 of 2015 promulgated by the Governor of Gujarat by which s.7A of the Gujarat Provincial Municipal Corporations Act, 1949, s.8A of Gujarat Mun…
Supreme Court of India23 Feb 2021Full text
2021 INSC 113 · [2021] 1 S.C.R. 721
Dr. Abhishek Manu Singhvi, Amit Desai, Mukul Rohatgi, Sr. Advs., Mahesh Agarwal, Ankur Saigal, RohanDakshini, Ms. Aakanksha Saxena, Shubham Kulshreshtha, Ms. Tanvi Manchanda, E. C. Agrawala, Sarad Kumar Singhania, Amit K. Nain, Advs. for the Respondents. D The following order of the Court was passed: ORDER 1. These App…
Supreme Court of India23 Feb 2021Full text
2021 INSC 112 · [2021] 3 S.C.R. 1015
1015 1016 SUPREME COURT REPORTS [2021] 3 S.C.R. A examine the impact of pandemic and to re-negotiate the terms of the resolution plan makes it abundantly clear that DVI was not willing to fulfill the terms of obligation – As far as extension of time is concerned, as DVI was found highest evaluated resolution applicant …
Also on Law on Tips: Bare Acts · Legal news and analysis