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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.
4,541–4,560 · Page 228 of 500
Supreme Court of India21 Jan 2020Full text
2020 INSC 74 · [2020] 1 S.C.R. 120
(3) & Ors. However, none of the above decisions was referred to while answering the issue by this Court in Netram Sahu. In the Ccase of Teja Singh, the coordinate Bench of two Judges of Supreme Court opined that a daily-rated Mazdoor who has been regularized but did not have qualifying service in terms of the service r…
Supreme Court of India21 Jan 2020Full text
2020 INSC 72 · [2020] 2 S.C.R. 444
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.
4,541–4,560 · Page 228 of 500
Supreme Court of India21 Jan 2020Full text
2020 INSC 74 · [2020] 1 S.C.R. 120
(3) & Ors. However, none of the above decisions was referred to while answering the issue by this Court in Netram Sahu. In the Ccase of Teja Singh, the coordinate Bench of two Judges of Supreme Court opined that a daily-rated Mazdoor who has been regularized but did not have qualifying service in terms of the service r…
Supreme Court of India21 Jan 2020Full text
2020 INSC 72 · [2020] 2 S.C.R. 444
RDB Act, and would therefore not be an application which could be said to be independent of s. 19 of the Act – This being the case, the High Court condoned the delay and set aside the judgment of the DRT – On appeal, held: The judgment of the Supreme Court in International Asset Reconstruction Company of India Limited …
Supreme Court of India18 Dec 2020Full text
2020 INSC 716 · [2020] 13 S.C.R. 762
ORDER 1. We have heard Shri Tushar Mehta, learned Solicitor General for India and learned counsel appearing for various States. By our order dated 27.11.2020 passed in this proceeding we have taken suo motu G cognizance of the incident which happened in Rajkot, Gujarat on 26.11.2020 resulting in death of Covid patients…
Supreme Court of India18 Dec 2020Full text
2020 INSC 715 · [2020] 11 S.C.R. 597
declaring ‘Gowari’ as ‘Gond Gowari’ a Scheduled Tribes referred to in Entry 18, 1950 Order – On appeal, held: Art.342(2) provides that any inclusion or exclusion from the list of Scheduled Tribes specified in a notification issued u/Art.342(1) can be done only by Parliament by law – High Court could not have entertaine…
Supreme Court of India18 Dec 2020Full text
2020 INSC 714 · [2020] 11 S.C.R. 281
281 282 SUPREME COURT REPORTS [2020] 11 S.C.R. A more meritorious candidate coming from Open/General category may not get selected – But, the converse can never be true and will be opposed to the very basic principles which have all the while been accepted by Supreme Court – Any view or process of interpretation which …
Supreme Court of India18 Dec 2020Full text
2020 INSC 712 · [2020] 12 S.C.R. 1090
the best person to understand and appreciate its requirements, and thus, its interpretation should not be second-guessed by a Court in judicial review proceedings – In accordance with the settled law and noting the interpretation of the tendering authority, it cannot be said that the interpretation done by the authorit…
Supreme Court of India18 Dec 2020Full text
2020 INSC 711 · [2020] 13 S.C.R. 821
822 SUPREME COURT REPORTS [2020] 13 S.C.R. A a statutory requirement and such cases are not arbitrable – Rent Control Legislation. Allowing the Arbitration Petition, the Court HELD: 1. A perusal of s.111 & 114, 114 A of TP Act indicate the manner in which the determination of lease would occur, which B also includes de…
Supreme Court of India18 Dec 2020Full text
2020 INSC 710 · [2020] 14 S.C.R. 480
480 SUPREME COURT[2020]REPORTS14 S.C.R. 480 [2020] 14 S.C.R. A PRADEEP KUMAR SONTHALIA v. DHIRAJ PRASAD SAHU @ DHIRAJ SAHU & ANR. (Civil Appeal No. 611 of 2020) B DECEMBER 18, 2020 [S.A. BOBDE,CJI, A.S. BOPANNA AND V. RAMASUBRAMANIAN, JJ.] Constitution of India – Arts.191, 193, 190, 188 and 80(4) – Biennial elections f…
Supreme Court of India21 Jan 2020Full text
2020 INSC 71 · [2020] 3 S.C.R. 549
2. While determining whether the appointment of a second or successive surveyor is justified, one must take into consideration the necessity of doing so and it must be weighed in E the context of relevant facts and circumstances including the deficiencies or omissions in the report of the first surveyor. Each case must…
Supreme Court of India17 Dec 2020Full text
2020 INSC 709 · [2020] 9 S.C.R. 859
4. The High Court, by misconstruing the statute contrary to its objectives, as mentioned in the preamble liberally construed, going beyond the scope of the statute and granted all G consequential benefits, by declaring that the effective date for promotion was to be 01.01.2009 instead of 28.10.2013. The High Court has …
Supreme Court of India17 Dec 2020Full text
2020 INSC 708 · [2020] 13 S.C.R. 779
H 779 780 SUPREME COURT REPORTS [2020] 13 S.C.R. A CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4085 of 2020. From the Judgment and Order dated 07.09.2020 of the National Consumer Disputes Redressal Commission, New Delhi in I.A. No. 5276 of 2020 in C.C. No. 488 of 2020. B With Civil Appeal Nos. 4086, 4087, 4088, 4089…
Supreme Court of India17 Dec 2020Full text
2020 INSC 707 · [2020] 13 S.C.R. 621
[2020] 13 S.C.R. 621 RAHNA JALAL v. STATE OF KERALA AND ANOTHER (Criminal Appeal No. 883 of 2020) DECEMBER 17, 2020 [DR. DHANANJAYA Y CHANDRACHUD, INDU MALHOTRA AND INDIRA BANERJEE, JJ.] Code of Criminal Procedure, 1973: s.438 – Grant of anticipatory bail – Whether provisions of s.7(c) of the Muslim Women (Protection o…
Supreme Court of India17 Dec 2020Full text
2020 INSC 706 · [2020] 14 S.C.R. 294
Code of Criminal Procedure, 1973 – Transfer of further investigation to CBI – Penal Code, 1860 – s.364-B – Dowry death – Appellant’s daughter died an unnatural death – According to the respondent-accused persons, she committed suicide – It was alleged in the FIR that appellant’s daughter-deceased was pressurized to Ebr…
Supreme Court of India17 Dec 2020Full text
2020 INSC 705 · [2020] 14 S.C.R. 510
510 SUPREME COURT[2020]REPORTS14 S.C.R. 510 [2020] 14 S.C.R. A ANGLO AMERICAN METALLURGICAL COAL PTY LTD. v. MMTC LTD. (Civil Appeal No.4083 of 2020) B DECEMBER 17, 2020 [ROHINTON FALI NARIMAN AND K. M. JOSEPH, JJ.] Arbitration and Conciliation Act, 1996: International commercial arbitration – The present case is that …
Supreme Court of India16 Dec 2020Full text
2020 INSC 704 · [2020] 9 S.C.R. 966
2.1 In the present case, the proceeding initiated by respondent No.2 does not appear to be a bona fide. Respondent H 966 SANJAI TIWARI v. THE STATE OF UTTAR PRADESH & ANR. 967 No.2 is in no way connected with initiation of criminal proceeding A against the appellant. Respondent No.2 in his application under Section 482…
Supreme Court of India16 Dec 2020Full text
2020 INSC 703 · [2020] 13 S.C.R. 1235
E R. Basant, Sr. Adv., A. Velan, Ms. Navpreet Kaur, Shree Pal Singh, Advs. for the appearing parties. The Order of the Court was passed by R. F. NARIMAN, J. F 1. Our order dated 04.12.2020, records: “Having heard Mr. R. Basant, learned Senior Advocate appearing for the petitioner for some time, when the Court pointed o…
Supreme Court of India15 Dec 2020Full text
2020 INSC 702 · [2020] 13 S.C.R. 1074
practitioners to follow advisory dated 06.03.2020 as well as guidelines for Homeopathic medical practitioners for COVID-19 issued by Government of India, Ministry of AYUSH – Disaster Management Act, 2005. Disposing of the appeal, the Court G HELD: 1. The High Court emphasised that if any qualified doctor practising AYU…
Supreme Court of India15 Dec 2020Full text
2020 INSC 701 · [2020] 12 S.C.R. 1057
– Appeal to Supreme Court – Held: The premises in question constitute a ‘shared household’ within meaning of s. 2(s) of Protection of Women from Domestic Violence Act, 2005 – Object of 2005 Act is to recognize right of woman to reside in a shared household – Both pieces of legislation are intended to deal with F saluta…
Supreme Court of India15 Dec 2020Full text
2020 INSC 700 · [2020] 13 S.C.R. 1044
H 1046 SUPREME COURT REPORTS [2020] 13 S.C.R. A 1.4 The 2009 Regulations also point in the same direction, inasmuch as Regulation 10, does not require the informant to state how he is personally aggrieved by the contravention of the Act, but only requires a statement of facts and details of the alleged contravention to…
Supreme Court of India21 Jan 2020Full text
2020 INSC 70 · [2020] 1 S.C.R. 1158
– The increase in the age of superannuation from 60 to 65 years E was prospective and would apply to those medical teachers in Government Medical Colleges who had not attained the age of superannuation under the prevailing rules – It was clarified by the State that the said notification would not apply to teachers, suc…
Also on Law on Tips: Bare Acts · Legal news and analysis
RDB Act, and would therefore not be an application which could be said to be independent of s. 19 of the Act – This being the case, the High Court condoned the delay and set aside the judgment of the DRT – On appeal, held: The judgment of the Supreme Court in International Asset Reconstruction Company of India Limited …
Supreme Court of India18 Dec 2020Full text
2020 INSC 716 · [2020] 13 S.C.R. 762
ORDER 1. We have heard Shri Tushar Mehta, learned Solicitor General for India and learned counsel appearing for various States. By our order dated 27.11.2020 passed in this proceeding we have taken suo motu G cognizance of the incident which happened in Rajkot, Gujarat on 26.11.2020 resulting in death of Covid patients…
Supreme Court of India18 Dec 2020Full text
2020 INSC 715 · [2020] 11 S.C.R. 597
declaring ‘Gowari’ as ‘Gond Gowari’ a Scheduled Tribes referred to in Entry 18, 1950 Order – On appeal, held: Art.342(2) provides that any inclusion or exclusion from the list of Scheduled Tribes specified in a notification issued u/Art.342(1) can be done only by Parliament by law – High Court could not have entertaine…
Supreme Court of India18 Dec 2020Full text
2020 INSC 714 · [2020] 11 S.C.R. 281
281 282 SUPREME COURT REPORTS [2020] 11 S.C.R. A more meritorious candidate coming from Open/General category may not get selected – But, the converse can never be true and will be opposed to the very basic principles which have all the while been accepted by Supreme Court – Any view or process of interpretation which …
Supreme Court of India18 Dec 2020Full text
2020 INSC 712 · [2020] 12 S.C.R. 1090
the best person to understand and appreciate its requirements, and thus, its interpretation should not be second-guessed by a Court in judicial review proceedings – In accordance with the settled law and noting the interpretation of the tendering authority, it cannot be said that the interpretation done by the authorit…
Supreme Court of India18 Dec 2020Full text
2020 INSC 711 · [2020] 13 S.C.R. 821
822 SUPREME COURT REPORTS [2020] 13 S.C.R. A a statutory requirement and such cases are not arbitrable – Rent Control Legislation. Allowing the Arbitration Petition, the Court HELD: 1. A perusal of s.111 & 114, 114 A of TP Act indicate the manner in which the determination of lease would occur, which B also includes de…
Supreme Court of India18 Dec 2020Full text
2020 INSC 710 · [2020] 14 S.C.R. 480
480 SUPREME COURT[2020]REPORTS14 S.C.R. 480 [2020] 14 S.C.R. A PRADEEP KUMAR SONTHALIA v. DHIRAJ PRASAD SAHU @ DHIRAJ SAHU & ANR. (Civil Appeal No. 611 of 2020) B DECEMBER 18, 2020 [S.A. BOBDE,CJI, A.S. BOPANNA AND V. RAMASUBRAMANIAN, JJ.] Constitution of India – Arts.191, 193, 190, 188 and 80(4) – Biennial elections f…
Supreme Court of India21 Jan 2020Full text
2020 INSC 71 · [2020] 3 S.C.R. 549
2. While determining whether the appointment of a second or successive surveyor is justified, one must take into consideration the necessity of doing so and it must be weighed in E the context of relevant facts and circumstances including the deficiencies or omissions in the report of the first surveyor. Each case must…
Supreme Court of India17 Dec 2020Full text
2020 INSC 709 · [2020] 9 S.C.R. 859
4. The High Court, by misconstruing the statute contrary to its objectives, as mentioned in the preamble liberally construed, going beyond the scope of the statute and granted all G consequential benefits, by declaring that the effective date for promotion was to be 01.01.2009 instead of 28.10.2013. The High Court has …
Supreme Court of India17 Dec 2020Full text
2020 INSC 708 · [2020] 13 S.C.R. 779
H 779 780 SUPREME COURT REPORTS [2020] 13 S.C.R. A CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4085 of 2020. From the Judgment and Order dated 07.09.2020 of the National Consumer Disputes Redressal Commission, New Delhi in I.A. No. 5276 of 2020 in C.C. No. 488 of 2020. B With Civil Appeal Nos. 4086, 4087, 4088, 4089…
Supreme Court of India17 Dec 2020Full text
2020 INSC 707 · [2020] 13 S.C.R. 621
[2020] 13 S.C.R. 621 RAHNA JALAL v. STATE OF KERALA AND ANOTHER (Criminal Appeal No. 883 of 2020) DECEMBER 17, 2020 [DR. DHANANJAYA Y CHANDRACHUD, INDU MALHOTRA AND INDIRA BANERJEE, JJ.] Code of Criminal Procedure, 1973: s.438 – Grant of anticipatory bail – Whether provisions of s.7(c) of the Muslim Women (Protection o…
Supreme Court of India17 Dec 2020Full text
2020 INSC 706 · [2020] 14 S.C.R. 294
Code of Criminal Procedure, 1973 – Transfer of further investigation to CBI – Penal Code, 1860 – s.364-B – Dowry death – Appellant’s daughter died an unnatural death – According to the respondent-accused persons, she committed suicide – It was alleged in the FIR that appellant’s daughter-deceased was pressurized to Ebr…
Supreme Court of India17 Dec 2020Full text
2020 INSC 705 · [2020] 14 S.C.R. 510
510 SUPREME COURT[2020]REPORTS14 S.C.R. 510 [2020] 14 S.C.R. A ANGLO AMERICAN METALLURGICAL COAL PTY LTD. v. MMTC LTD. (Civil Appeal No.4083 of 2020) B DECEMBER 17, 2020 [ROHINTON FALI NARIMAN AND K. M. JOSEPH, JJ.] Arbitration and Conciliation Act, 1996: International commercial arbitration – The present case is that …
Supreme Court of India16 Dec 2020Full text
2020 INSC 704 · [2020] 9 S.C.R. 966
2.1 In the present case, the proceeding initiated by respondent No.2 does not appear to be a bona fide. Respondent H 966 SANJAI TIWARI v. THE STATE OF UTTAR PRADESH & ANR. 967 No.2 is in no way connected with initiation of criminal proceeding A against the appellant. Respondent No.2 in his application under Section 482…
Supreme Court of India16 Dec 2020Full text
2020 INSC 703 · [2020] 13 S.C.R. 1235
E R. Basant, Sr. Adv., A. Velan, Ms. Navpreet Kaur, Shree Pal Singh, Advs. for the appearing parties. The Order of the Court was passed by R. F. NARIMAN, J. F 1. Our order dated 04.12.2020, records: “Having heard Mr. R. Basant, learned Senior Advocate appearing for the petitioner for some time, when the Court pointed o…
Supreme Court of India15 Dec 2020Full text
2020 INSC 702 · [2020] 13 S.C.R. 1074
practitioners to follow advisory dated 06.03.2020 as well as guidelines for Homeopathic medical practitioners for COVID-19 issued by Government of India, Ministry of AYUSH – Disaster Management Act, 2005. Disposing of the appeal, the Court G HELD: 1. The High Court emphasised that if any qualified doctor practising AYU…
Supreme Court of India15 Dec 2020Full text
2020 INSC 701 · [2020] 12 S.C.R. 1057
– Appeal to Supreme Court – Held: The premises in question constitute a ‘shared household’ within meaning of s. 2(s) of Protection of Women from Domestic Violence Act, 2005 – Object of 2005 Act is to recognize right of woman to reside in a shared household – Both pieces of legislation are intended to deal with F saluta…
Supreme Court of India15 Dec 2020Full text
2020 INSC 700 · [2020] 13 S.C.R. 1044
H 1046 SUPREME COURT REPORTS [2020] 13 S.C.R. A 1.4 The 2009 Regulations also point in the same direction, inasmuch as Regulation 10, does not require the informant to state how he is personally aggrieved by the contravention of the Act, but only requires a statement of facts and details of the alleged contravention to…
Supreme Court of India21 Jan 2020Full text
2020 INSC 70 · [2020] 1 S.C.R. 1158
– The increase in the age of superannuation from 60 to 65 years E was prospective and would apply to those medical teachers in Government Medical Colleges who had not attained the age of superannuation under the prevailing rules – It was clarified by the State that the said notification would not apply to teachers, suc…
Also on Law on Tips: Bare Acts · Legal news and analysis