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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.
4,581–4,600 · Page 230 of 500
Supreme Court of India3 Dec 2020Full text
2020 INSC 675 · [2020] 12 S.C.R. 1000
Dismissing the appeal, the Court HELD: 1.1 In the facts and circumstances of the case the High Court is justified and, as such, has not committed any error G in reversing the order of acquittal passed by the trial Court and convicting the accused for the offences under Sections 376 and 506 IPC. Being the first appellat…
Supreme Court of India3 Dec 2020Full 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.
4,581–4,600 · Page 230 of 500
Supreme Court of India3 Dec 2020Full text
2020 INSC 675 · [2020] 12 S.C.R. 1000
Dismissing the appeal, the Court HELD: 1.1 In the facts and circumstances of the case the High Court is justified and, as such, has not committed any error G in reversing the order of acquittal passed by the trial Court and convicting the accused for the offences under Sections 376 and 506 IPC. Being the first appellat…
Supreme Court of India3 Dec 2020Full text
2020 INSC 674 · [2020] 11 S.C.R. 966
Dismissing the appeals, the Court HELD: 1.1 The appellants were promoted to the post of Assistant Engineers under Regulation 7(a)(ii) read with Regulation 10 of the Civil Regulations. Shri Kirpal Singh Mangat and Shri Raj Kumar Garg, who were junior to the appellants in the category of Assistant Engineer (Civil) were a…
Supreme Court of India3 Dec 2020Full text
2020 INSC 673 · [2020] 13 S.C.R. 198
candidates – In the SLP, various interlocutory applications were filed by a total of 22 candidates for their impleadment – The Supreme Court without examining the inter se dispute of the parties and taking note of the statement made by Advocate General of the State on its face value accommodated all the 47 ousted candi…
Supreme Court of India2 Dec 2020Full text
2020 INSC 672 · [2020] 13 S.C.R. 770
no.2302 of 2017, directions were given to the Administrators of the Union Territory, State Governments and other Central Agencies to effectively implement use of photography and videography at the crime scene – Compliance Affidavits and Action Taken Reports filed by 14 States failed to disclose exact position of CCTV c…
Supreme Court of India2 Dec 2020Full text
2020 INSC 671 · [2020] 13 S.C.R. 848
– Evidence Act, 1872 – s.113B – Code of Criminal Procedure, 1973 – ss.378, 386, 313. Penal Code, 1860 – s.304B – Dowry Death – Ingredients – F Held: A marriage performed within seven years before the death of wife; death must be unnatural; soon before the death, the deceased wife must have been at the receiving end of …
Supreme Court of India2 Dec 2020Full text
2020 INSC 670 · [2020] 13 S.C.R. 566
and order dated 11.02.2010, passed by the High Court is hereby set aside and the appellant-accused is acquitted of the charges levelled against him. By order dated 17.09.2010, this Court had enlarged the appellant-accused on bail. His bail bonds stand discharged. [Paras 13-17][569-G-H; 570-A-E] C CRIMINAL APPELLATE JUR…
Supreme Court of India1 Dec 2020Full text
2020 INSC 668 · [2020] 12 S.C.R. 1104
High Court – The High Court relied upon Godrej Sara Lee Ltd case and held that an application for cancellation of registration of design would lie to the Controller exclusively without the High Court having a parallel jurisdiction to entertain such matter because the appeals from the order of the Controller lie before …
Supreme Court of India1 Dec 2020Full text
2020 INSC 667 · [2020] 14 S.C.R. 45
confirmed. Principles/Doctrines – Promissory estoppel – Origins and evolution – discussed. Principles/Doctrines – Promissory estoppel and legitimate E expectation – Difference between – discussed. Disposing of the appeals, the Court HELD: Expectations breached by the State of Jharkhand 1. In the present case, this Cour…
Supreme Court of India27 Nov 2020Full text
2020 INSC 666 · [2020] 2 S.C.R. 246
E Tribunal, Appellate Tribunal and other Authorities [Qualification, Experience and other conditions of service of Members] Rules, 2020 – r. 15 – House Rent Allowance to the Chairperson and other members of the Tribunals – The lack of housing in Delhi has been one of the reasons for retired judges of Fthe High Courts a…
Supreme Court of India27 Nov 2020Full text
2020 INSC 665 · [2020] 11 S.C.R. 896
ARNAB MANORANJAN GOSWAMI v. THE STATE OF MAHARASHTRA purview of s.306 IPC, there must be a case of suicide and in the commission of the said offence, the person who is said to have abetted the commission of suicide must have played an active role by an act of instigation or by doing certain act to facilitate the commis…
Supreme Court of India27 Nov 2020Full text
2020 INSC 663 · [2020] 13 S.C.R. 129
its property – However, the Division Bench of the High Court held that FMC had not serviced show cause notice on respondent no.1, consequently, quashed the order dated 23.07.2011 – The Supreme Court set aside the order of the Division Bench of the High Court and directed the respondents to approach the Securities Appel…
Supreme Court of India27 Nov 2020Full text
2020 INSC 662 · [2020] 13 S.C.R. 835
and simple interest by ways of relief for the period from 1st March 2020 to 31st August 2020 to borrowers in specified loan accounts – The case of the petitioner, who had taken housing loan was fully covered by Order dated 23.10.2020 since the benefit was available to the housing loan upto Rs.2 Crores – Petitioner expr…
Supreme Court of India26 Nov 2020Full text
2020 INSC 661 · [2020] 11 S.C.R. 786
National Green Tribunal (NGT) and that there was long delay in lodging the complaint – Held: If perusal of FIR leads to disclosure of an offence even broadly, law courts are barred from usurping jurisdiction of police – The order of NGT (appeal against which is pending before Supreme Court) passed on the applications w…
Supreme Court of India26 Nov 2020Full text
2020 INSC 660 · [2020] 11 S.C.R. 948
HELD: 1. A reading of the entire rule (Rule 27 [1] and the two provisos) showed that (a) before the amendment of 2002, the seniority of personnel appointed to the “lowest categories of posts” in any department was to be determined as from the date of appointment; however, for promotees, it was to be from the date of se…
Supreme Court of India21 Jan 2020Full text
2020 INSC 66 · [2020] 1 S.C.R. 94
94 RAMESAN (D) THR. LR. GIRIJA A v. THE STATE OF KERALA 95 of fine – Code of Criminal Procedure, 1898 – ss.431, 439 – Kerala A Abkari Act – s.55 (a), (g) – Penal Code, 1860 – s.70. Partly allowing the appeals, the Court HELD: 1.1 Section 394 Cr.P.C. deals with abatement of appeals. Both under the Old Code as well as un…
Supreme Court of India26 Nov 2020Full text
2020 INSC 659 · [2020] 12 S.C.R. 1019
– Maintainability – Held: Section 50 alone provides for an appeal D in all arbitration cases of enforcement of foreign awards – Letters Patent Appeals against such orders is not maintainable. Allowing the appeal, the Court HELD: 1. Having regard to the precedential unanimity, so to say, about the manner of applicabilit…
Supreme Court of India25 Nov 2020Full text
2020 INSC 656 · [2020] 13 S.C.R. 1191
Constitution of India: Arts. 226 and 227 – Scope under – To interfere with disciplinary proceedings – Held: High court, in exercise of power u/Arts. 226 and 227 should not venture into appreciation of evidence E – While exercising jurisdiction u/Art. 226, High Court is not a Court of appeal – Interference of High Court…
Supreme Court of India24 Nov 2020Full text
2020 INSC 655 · [2020] 13 S.C.R. 554
and that is that such a person “shall not be deemed to be duly nominated as a candidate”. The law itself deems that such a person cannot be duly nominated. The requirement of Section 33(3) that a nomination of a dismissed officer must be accompanied by a certificate that he was not dismissed on the ground of corruption…
Supreme Court of India24 Nov 2020Full text
2020 INSC 654 · [2020] 10 S.C.R. 375
pay interest on 3,61,20,000/- shall operate with effect from 22.03.1995 to 19.05.1998. [Para 41][391-H; 392-A-B] Dilbagh Rai Jarry v. Union of India (1974) 3 SCC 554: [1974] 2 SCR 178; Gurgaon Gramin Bank v. Khazani (2012) 8 SCC 781 : [2012] 8 SCR 225 ; State of A.P. v. C Pioneer Builders (2006) 12 SCC 119 : [2006] 6 S…
Supreme Court of India24 Nov 2020Full text
2020 INSC 653 · [2020] 12 S.C.R. 974
with the lapse of the Act in the year 1987 – Right to property though not fundamental, is a valuable constitutional right ensuring guaranteed freedoms and economic liberty – Court’s role is to act as the guarantor and protector of the people’s liberties – It is not open to the State to claim that the law or the Constit…
Also on Law on Tips: Bare Acts · Legal news and analysis
2020 INSC 674 · [2020] 11 S.C.R. 966
Dismissing the appeals, the Court HELD: 1.1 The appellants were promoted to the post of Assistant Engineers under Regulation 7(a)(ii) read with Regulation 10 of the Civil Regulations. Shri Kirpal Singh Mangat and Shri Raj Kumar Garg, who were junior to the appellants in the category of Assistant Engineer (Civil) were a…
Supreme Court of India3 Dec 2020Full text
2020 INSC 673 · [2020] 13 S.C.R. 198
candidates – In the SLP, various interlocutory applications were filed by a total of 22 candidates for their impleadment – The Supreme Court without examining the inter se dispute of the parties and taking note of the statement made by Advocate General of the State on its face value accommodated all the 47 ousted candi…
Supreme Court of India2 Dec 2020Full text
2020 INSC 672 · [2020] 13 S.C.R. 770
no.2302 of 2017, directions were given to the Administrators of the Union Territory, State Governments and other Central Agencies to effectively implement use of photography and videography at the crime scene – Compliance Affidavits and Action Taken Reports filed by 14 States failed to disclose exact position of CCTV c…
Supreme Court of India2 Dec 2020Full text
2020 INSC 671 · [2020] 13 S.C.R. 848
– Evidence Act, 1872 – s.113B – Code of Criminal Procedure, 1973 – ss.378, 386, 313. Penal Code, 1860 – s.304B – Dowry Death – Ingredients – F Held: A marriage performed within seven years before the death of wife; death must be unnatural; soon before the death, the deceased wife must have been at the receiving end of …
Supreme Court of India2 Dec 2020Full text
2020 INSC 670 · [2020] 13 S.C.R. 566
and order dated 11.02.2010, passed by the High Court is hereby set aside and the appellant-accused is acquitted of the charges levelled against him. By order dated 17.09.2010, this Court had enlarged the appellant-accused on bail. His bail bonds stand discharged. [Paras 13-17][569-G-H; 570-A-E] C CRIMINAL APPELLATE JUR…
Supreme Court of India1 Dec 2020Full text
2020 INSC 668 · [2020] 12 S.C.R. 1104
High Court – The High Court relied upon Godrej Sara Lee Ltd case and held that an application for cancellation of registration of design would lie to the Controller exclusively without the High Court having a parallel jurisdiction to entertain such matter because the appeals from the order of the Controller lie before …
Supreme Court of India1 Dec 2020Full text
2020 INSC 667 · [2020] 14 S.C.R. 45
confirmed. Principles/Doctrines – Promissory estoppel – Origins and evolution – discussed. Principles/Doctrines – Promissory estoppel and legitimate E expectation – Difference between – discussed. Disposing of the appeals, the Court HELD: Expectations breached by the State of Jharkhand 1. In the present case, this Cour…
Supreme Court of India27 Nov 2020Full text
2020 INSC 666 · [2020] 2 S.C.R. 246
E Tribunal, Appellate Tribunal and other Authorities [Qualification, Experience and other conditions of service of Members] Rules, 2020 – r. 15 – House Rent Allowance to the Chairperson and other members of the Tribunals – The lack of housing in Delhi has been one of the reasons for retired judges of Fthe High Courts a…
Supreme Court of India27 Nov 2020Full text
2020 INSC 665 · [2020] 11 S.C.R. 896
ARNAB MANORANJAN GOSWAMI v. THE STATE OF MAHARASHTRA purview of s.306 IPC, there must be a case of suicide and in the commission of the said offence, the person who is said to have abetted the commission of suicide must have played an active role by an act of instigation or by doing certain act to facilitate the commis…
Supreme Court of India27 Nov 2020Full text
2020 INSC 663 · [2020] 13 S.C.R. 129
its property – However, the Division Bench of the High Court held that FMC had not serviced show cause notice on respondent no.1, consequently, quashed the order dated 23.07.2011 – The Supreme Court set aside the order of the Division Bench of the High Court and directed the respondents to approach the Securities Appel…
Supreme Court of India27 Nov 2020Full text
2020 INSC 662 · [2020] 13 S.C.R. 835
and simple interest by ways of relief for the period from 1st March 2020 to 31st August 2020 to borrowers in specified loan accounts – The case of the petitioner, who had taken housing loan was fully covered by Order dated 23.10.2020 since the benefit was available to the housing loan upto Rs.2 Crores – Petitioner expr…
Supreme Court of India26 Nov 2020Full text
2020 INSC 661 · [2020] 11 S.C.R. 786
National Green Tribunal (NGT) and that there was long delay in lodging the complaint – Held: If perusal of FIR leads to disclosure of an offence even broadly, law courts are barred from usurping jurisdiction of police – The order of NGT (appeal against which is pending before Supreme Court) passed on the applications w…
Supreme Court of India26 Nov 2020Full text
2020 INSC 660 · [2020] 11 S.C.R. 948
HELD: 1. A reading of the entire rule (Rule 27 [1] and the two provisos) showed that (a) before the amendment of 2002, the seniority of personnel appointed to the “lowest categories of posts” in any department was to be determined as from the date of appointment; however, for promotees, it was to be from the date of se…
Supreme Court of India21 Jan 2020Full text
2020 INSC 66 · [2020] 1 S.C.R. 94
94 RAMESAN (D) THR. LR. GIRIJA A v. THE STATE OF KERALA 95 of fine – Code of Criminal Procedure, 1898 – ss.431, 439 – Kerala A Abkari Act – s.55 (a), (g) – Penal Code, 1860 – s.70. Partly allowing the appeals, the Court HELD: 1.1 Section 394 Cr.P.C. deals with abatement of appeals. Both under the Old Code as well as un…
Supreme Court of India26 Nov 2020Full text
2020 INSC 659 · [2020] 12 S.C.R. 1019
– Maintainability – Held: Section 50 alone provides for an appeal D in all arbitration cases of enforcement of foreign awards – Letters Patent Appeals against such orders is not maintainable. Allowing the appeal, the Court HELD: 1. Having regard to the precedential unanimity, so to say, about the manner of applicabilit…
Supreme Court of India25 Nov 2020Full text
2020 INSC 656 · [2020] 13 S.C.R. 1191
Constitution of India: Arts. 226 and 227 – Scope under – To interfere with disciplinary proceedings – Held: High court, in exercise of power u/Arts. 226 and 227 should not venture into appreciation of evidence E – While exercising jurisdiction u/Art. 226, High Court is not a Court of appeal – Interference of High Court…
Supreme Court of India24 Nov 2020Full text
2020 INSC 655 · [2020] 13 S.C.R. 554
and that is that such a person “shall not be deemed to be duly nominated as a candidate”. The law itself deems that such a person cannot be duly nominated. The requirement of Section 33(3) that a nomination of a dismissed officer must be accompanied by a certificate that he was not dismissed on the ground of corruption…
Supreme Court of India24 Nov 2020Full text
2020 INSC 654 · [2020] 10 S.C.R. 375
pay interest on 3,61,20,000/- shall operate with effect from 22.03.1995 to 19.05.1998. [Para 41][391-H; 392-A-B] Dilbagh Rai Jarry v. Union of India (1974) 3 SCC 554: [1974] 2 SCR 178; Gurgaon Gramin Bank v. Khazani (2012) 8 SCC 781 : [2012] 8 SCR 225 ; State of A.P. v. C Pioneer Builders (2006) 12 SCC 119 : [2006] 6 S…
Supreme Court of India24 Nov 2020Full text
2020 INSC 653 · [2020] 12 S.C.R. 974
with the lapse of the Act in the year 1987 – Right to property though not fundamental, is a valuable constitutional right ensuring guaranteed freedoms and economic liberty – Court’s role is to act as the guarantor and protector of the people’s liberties – It is not open to the State to claim that the law or the Constit…
Also on Law on Tips: Bare Acts · Legal news and analysis