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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.
4,561–4,580 · Page 229 of 500
Supreme Court of India7 Jan 2020Full text
2020 INSC 7 · [2020] 1 S.C.R. 1
bank guarantee for later periods were furnished (Rs.774.25 crores) – In the circumstances, there was no rationale for the Union to resist the demand for refund of the excess amounts – The TDSAT had exercised its discretion circumspectly, because the entire amount H 1 2 SUPREME COURT REPORTS [2020] 1 S.C.R. A of Rs.134.…
Supreme Court of India15 Dec 2020Full text
2020 INSC 699 · [2020] 13 S.C.R. 783
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.
4,561–4,580 · Page 229 of 500
Supreme Court of India7 Jan 2020Full text
2020 INSC 7 · [2020] 1 S.C.R. 1
bank guarantee for later periods were furnished (Rs.774.25 crores) – In the circumstances, there was no rationale for the Union to resist the demand for refund of the excess amounts – The TDSAT had exercised its discretion circumspectly, because the entire amount H 1 2 SUPREME COURT REPORTS [2020] 1 S.C.R. A of Rs.134.…
Supreme Court of India15 Dec 2020Full text
2020 INSC 699 · [2020] 13 S.C.R. 783
ACTION ISPAT AND POWER PVT. LTD. v. SHYAM METALICS 785 AND ENERGY LTD. is then to submit a report to the Tribunal under section 281. The A Tribunal is then to consider the aforesaid report and fix a time limit within which the proceedings shall be completed and the company dissolved. The company’s properties shall, on …
Supreme Court of India10 Dec 2020Full text
2020 INSC 695 · [2020] 13 S.C.R. 732
732 SUPREME COURT[2020]REPORTS13 S.C.R. 732 [2020] 13 S.C.R. A APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY & ANR. v. JAI BHARATH COLLEGE OF MANAGEMENT AND ENGINEERING TECHNOLOGY & ORS. B (Civil Appeal No. 4016 of 2020) DECEMBER 10, 2020 [S. A. BOBDE, CJI, A. S. BOPANNA AND V. RAMASUBRAMANIAN, JJ.] C APJ Abdul Kalam Techno…
Supreme Court of India10 Dec 2020Full text
2020 INSC 694 · [2020] 11 S.C.R. 983
ROHTAS v. STATE OF HARYANA 985 34 and 149 of the IPC are modes for apportioning vicarious liability A on the individual members of a group, there exist a few important differences between these two provisions. Whereas Section 34 requires active participation and a prior meeting of minds, Section 149 IPC assigns liabili…
Supreme Court of India9 Dec 2020Full text
2020 INSC 693 · [2020] 13 S.C.R. 635
H SARITHA S. NAIR v. HIBI EDEN 637 3. The manner in which Rule 210 of the Rules of High Court A of Kerala, 1971 has been worded gives an impression as though an election petition should be placed before the Judge, immediately after it is registered, for passing Orders under Section 86(1). If the petition is not dismiss…
Supreme Court of India9 Dec 2020Full text
2020 INSC 692 · [2020] 12 S.C.R. 1133
ASHOK BHUSHAN, J. 1. This writ petition has been filed under Article 32 as Public D Interest Litigation. The petitioner prays for following relief in the writ petition: “A. Issue a writ of certiorari quashing the decision taken by Respondent Nos. 4 to 38 of affixing posters outside residences of Covid-19 positive perso…
Supreme Court of India9 Dec 2020Full text
2020 INSC 691 · [2020] 9 S.C.R. 851
851 852 SUPREME COURT REPORTS [2020] 9 S.C.R. A Institute of Chartered Accountants of India v. Southern Petrochemical Industries Corporation Limited and Another (2007) 15 SCC 649 – referred to. Case Law Reference (2007) 15 SCC 649 referred to Para 14 B CIVIL ORIGINAL JURISDICTION: Transfer Petition (Civil) Nos. 2849-28…
Supreme Court of India9 Dec 2020Full text
2020 INSC 690 · [2020] 13 S.C.R. 1208
– Respondent no.1 claimed that he was appointed on regular basis on 01.08.1985 as against appellant who was appointed against a temporary vacancy on 16.07.1985 – Respondent no.1 contended that he is senior to appellant and in terms of the Rules, he would be entitled to be promoted as Head Master – The promotion order d…
Supreme Court of India21 Jan 2020Full text
2020 INSC 69 · [2020] 1 S.C.R. 1091
2.3 There can be no doubt that the burden of proving that the case fall within the four corners of any of the exceptions under B Section 300 of the IPC is on the accused. It is equally true that even without adducing any defence evidence it may be possible for the accused to discharge the said burden with reference to …
Supreme Court of India9 Dec 2020Full text
2020 INSC 689 · [2020] 13 S.C.R. 1230
on the second day of its seizure thus, the High Court committed no error in quashing the criminal proceedings – Code of Criminal Procedure, 1973 – s.482. Allowing the review petition and dismissing the appeal, the Court E HELD: Section 9 of the Wild Life (Protection) Act, 1972 prohibits hunting of any wild animal under…
Supreme Court of India8 Dec 2020Full text
2020 INSC 688 · [2020] 14 S.C.R. 86
Authority of India Act, 1988 – ss.3, 11-13, 16 – Doctrine of pith and substance –Environment (Protection) Act, 1986 – Interpretation of Statutes – Harmonious Construction. Constitution of India – Union List, Entry 23; State List, Entry 13 – Held: Fact that Entry 13 of List II bestows exclusive power Cupon the legislatu…
Supreme Court of India8 Dec 2020Full text
2020 INSC 686 · [2020] 11 S.C.R. 821
THE STATE OF MADHYA PRADESH & ANR. v. U.P. STATE 823 BRIDGE CORPORATION LTD.& ANR. construction of a bridge by it, which had collapsed, and in which a A charge sheet had been lodged. [Para 19][841-H; 842-A-D] 2. Adverting to UPSBC’s argumen…
Supreme Court of India8 Dec 2020Full text
2020 INSC 685 · [2020] 12 S.C.R. 1118
Partly allowing the appeal, the Court F HELD: 1. The two questions which fall for determination are whether the accident was caused due to rash and negligent driving of the car driver and whether AW-3 is a reliable witness or not? [Para 10][1124-F-G] 2. AW-3 is neither related to the deceased nor was he remotely connec…
Supreme Court of India8 Dec 2020Full text
2020 INSC 684 · [2020] 11 S.C.R. 845
Rajasthan Tenancy Act, 1955 – ss.30C, 30D, 30DD – Ceiling limit – Appellant was owner of 254.2 bighas of land – On D 19.12.1963, he gifted away 127.1 bighas of land to his son and thereafter he was left with 17.25 standard acres of land – Proceeding was initiated under the ceiling law but same was dropped on 14.04.1972…
Supreme Court of India7 Dec 2020Full text
2020 INSC 682 · [2020] 14 S.C.R. 198
based element – The content-based element involves open use of words and phrases generally considered to be offensive to a particular community and objectively offensive to the society – The intent-based element of ‘hate speech’ requires the speaker’s message to intend only to promote hatred, violence or resentment aga…
Supreme Court of India7 Dec 2020Full text
2020 INSC 680 · [2020] 13 S.C.R. 987
the High Court and with the agreement of the parties entrusted the task to one-Man Committee for distributing the personnel between the States – The process which was initiated by submitting Final Report dated 26.12.2019 was supplemented by Supplementary Report dated 11.03.2020 and Concluding Report dated 20.06.2020 – …
Supreme Court of India21 Jan 2020Full text
2020 INSC 68 · [2020] 1 S.C.R. 1116
ss. 406 and 420 – Prosecution u/s. 498A of IPC and ss. 3 and E 4 of Dowry Prohibition Act – Application for framing additional charges u/s. 406 and 420 IPC – Denied by trial court – High Court directed framing of additional charges – Appeal to Supreme Court – Held: There exists sufficient material on record that shows …
Supreme Court of India3 Dec 2020Full text
2020 INSC 679 · [2020] 13 S.C.R. 812
between he had taken any steps to initiate criminal proceedings and/or lodged an FIR, a case is made out by the appellant for grant of anticipatory bail – Whether the fresh/present proceedings are permissible in law are yet to be considered in the pending proceedings for quashing the impugned FIR – In view of status of…
Supreme Court of India3 Dec 2020Full text
2020 INSC 678 · [2020] 11 S.C.R. 665
offences attracting bar u/s.22 – Further, the offences under the MMDR Act as against the private appellants were permitted to be compounded by the competent authority thus, the bar contained in sub-sec.2 of s.23A is attracted – Hence, there shall not be any proceedings/further proceedings in respect of the offences pun…
Supreme Court of India3 Dec 2020Full text
2020 INSC 676 · [2020] 13 S.C.R. 151
SKILL LOTTO SOLUTIONS PVT. LTD. v. 153 UNION OF INDIA & ORS. Central Goods and Services Tax Act, 2017: s.15 – Whether A while determining the face value of the lottery tickets for levy of GST, prize money is to be excluded for purposes of levy of GST – Held: The value of taxable supply is a matter of statutory regulati…
Also on Law on Tips: Bare Acts · Legal news and analysis
ACTION ISPAT AND POWER PVT. LTD. v. SHYAM METALICS 785 AND ENERGY LTD. is then to submit a report to the Tribunal under section 281. The A Tribunal is then to consider the aforesaid report and fix a time limit within which the proceedings shall be completed and the company dissolved. The company’s properties shall, on …
Supreme Court of India10 Dec 2020Full text
2020 INSC 695 · [2020] 13 S.C.R. 732
732 SUPREME COURT[2020]REPORTS13 S.C.R. 732 [2020] 13 S.C.R. A APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY & ANR. v. JAI BHARATH COLLEGE OF MANAGEMENT AND ENGINEERING TECHNOLOGY & ORS. B (Civil Appeal No. 4016 of 2020) DECEMBER 10, 2020 [S. A. BOBDE, CJI, A. S. BOPANNA AND V. RAMASUBRAMANIAN, JJ.] C APJ Abdul Kalam Techno…
Supreme Court of India10 Dec 2020Full text
2020 INSC 694 · [2020] 11 S.C.R. 983
ROHTAS v. STATE OF HARYANA 985 34 and 149 of the IPC are modes for apportioning vicarious liability A on the individual members of a group, there exist a few important differences between these two provisions. Whereas Section 34 requires active participation and a prior meeting of minds, Section 149 IPC assigns liabili…
Supreme Court of India9 Dec 2020Full text
2020 INSC 693 · [2020] 13 S.C.R. 635
H SARITHA S. NAIR v. HIBI EDEN 637 3. The manner in which Rule 210 of the Rules of High Court A of Kerala, 1971 has been worded gives an impression as though an election petition should be placed before the Judge, immediately after it is registered, for passing Orders under Section 86(1). If the petition is not dismiss…
Supreme Court of India9 Dec 2020Full text
2020 INSC 692 · [2020] 12 S.C.R. 1133
ASHOK BHUSHAN, J. 1. This writ petition has been filed under Article 32 as Public D Interest Litigation. The petitioner prays for following relief in the writ petition: “A. Issue a writ of certiorari quashing the decision taken by Respondent Nos. 4 to 38 of affixing posters outside residences of Covid-19 positive perso…
Supreme Court of India9 Dec 2020Full text
2020 INSC 691 · [2020] 9 S.C.R. 851
851 852 SUPREME COURT REPORTS [2020] 9 S.C.R. A Institute of Chartered Accountants of India v. Southern Petrochemical Industries Corporation Limited and Another (2007) 15 SCC 649 – referred to. Case Law Reference (2007) 15 SCC 649 referred to Para 14 B CIVIL ORIGINAL JURISDICTION: Transfer Petition (Civil) Nos. 2849-28…
Supreme Court of India9 Dec 2020Full text
2020 INSC 690 · [2020] 13 S.C.R. 1208
– Respondent no.1 claimed that he was appointed on regular basis on 01.08.1985 as against appellant who was appointed against a temporary vacancy on 16.07.1985 – Respondent no.1 contended that he is senior to appellant and in terms of the Rules, he would be entitled to be promoted as Head Master – The promotion order d…
Supreme Court of India21 Jan 2020Full text
2020 INSC 69 · [2020] 1 S.C.R. 1091
2.3 There can be no doubt that the burden of proving that the case fall within the four corners of any of the exceptions under B Section 300 of the IPC is on the accused. It is equally true that even without adducing any defence evidence it may be possible for the accused to discharge the said burden with reference to …
Supreme Court of India9 Dec 2020Full text
2020 INSC 689 · [2020] 13 S.C.R. 1230
on the second day of its seizure thus, the High Court committed no error in quashing the criminal proceedings – Code of Criminal Procedure, 1973 – s.482. Allowing the review petition and dismissing the appeal, the Court E HELD: Section 9 of the Wild Life (Protection) Act, 1972 prohibits hunting of any wild animal under…
Supreme Court of India8 Dec 2020Full text
2020 INSC 688 · [2020] 14 S.C.R. 86
Authority of India Act, 1988 – ss.3, 11-13, 16 – Doctrine of pith and substance –Environment (Protection) Act, 1986 – Interpretation of Statutes – Harmonious Construction. Constitution of India – Union List, Entry 23; State List, Entry 13 – Held: Fact that Entry 13 of List II bestows exclusive power Cupon the legislatu…
Supreme Court of India8 Dec 2020Full text
2020 INSC 686 · [2020] 11 S.C.R. 821
THE STATE OF MADHYA PRADESH & ANR. v. U.P. STATE 823 BRIDGE CORPORATION LTD.& ANR. construction of a bridge by it, which had collapsed, and in which a A charge sheet had been lodged. [Para 19][841-H; 842-A-D] 2. Adverting to UPSBC’s argumen…
Supreme Court of India8 Dec 2020Full text
2020 INSC 685 · [2020] 12 S.C.R. 1118
Partly allowing the appeal, the Court F HELD: 1. The two questions which fall for determination are whether the accident was caused due to rash and negligent driving of the car driver and whether AW-3 is a reliable witness or not? [Para 10][1124-F-G] 2. AW-3 is neither related to the deceased nor was he remotely connec…
Supreme Court of India8 Dec 2020Full text
2020 INSC 684 · [2020] 11 S.C.R. 845
Rajasthan Tenancy Act, 1955 – ss.30C, 30D, 30DD – Ceiling limit – Appellant was owner of 254.2 bighas of land – On D 19.12.1963, he gifted away 127.1 bighas of land to his son and thereafter he was left with 17.25 standard acres of land – Proceeding was initiated under the ceiling law but same was dropped on 14.04.1972…
Supreme Court of India7 Dec 2020Full text
2020 INSC 682 · [2020] 14 S.C.R. 198
based element – The content-based element involves open use of words and phrases generally considered to be offensive to a particular community and objectively offensive to the society – The intent-based element of ‘hate speech’ requires the speaker’s message to intend only to promote hatred, violence or resentment aga…
Supreme Court of India7 Dec 2020Full text
2020 INSC 680 · [2020] 13 S.C.R. 987
the High Court and with the agreement of the parties entrusted the task to one-Man Committee for distributing the personnel between the States – The process which was initiated by submitting Final Report dated 26.12.2019 was supplemented by Supplementary Report dated 11.03.2020 and Concluding Report dated 20.06.2020 – …
Supreme Court of India21 Jan 2020Full text
2020 INSC 68 · [2020] 1 S.C.R. 1116
ss. 406 and 420 – Prosecution u/s. 498A of IPC and ss. 3 and E 4 of Dowry Prohibition Act – Application for framing additional charges u/s. 406 and 420 IPC – Denied by trial court – High Court directed framing of additional charges – Appeal to Supreme Court – Held: There exists sufficient material on record that shows …
Supreme Court of India3 Dec 2020Full text
2020 INSC 679 · [2020] 13 S.C.R. 812
between he had taken any steps to initiate criminal proceedings and/or lodged an FIR, a case is made out by the appellant for grant of anticipatory bail – Whether the fresh/present proceedings are permissible in law are yet to be considered in the pending proceedings for quashing the impugned FIR – In view of status of…
Supreme Court of India3 Dec 2020Full text
2020 INSC 678 · [2020] 11 S.C.R. 665
offences attracting bar u/s.22 – Further, the offences under the MMDR Act as against the private appellants were permitted to be compounded by the competent authority thus, the bar contained in sub-sec.2 of s.23A is attracted – Hence, there shall not be any proceedings/further proceedings in respect of the offences pun…
Supreme Court of India3 Dec 2020Full text
2020 INSC 676 · [2020] 13 S.C.R. 151
SKILL LOTTO SOLUTIONS PVT. LTD. v. 153 UNION OF INDIA & ORS. Central Goods and Services Tax Act, 2017: s.15 – Whether A while determining the face value of the lottery tickets for levy of GST, prize money is to be excluded for purposes of levy of GST – Held: The value of taxable supply is a matter of statutory regulati…
Also on Law on Tips: Bare Acts · Legal news and analysis