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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.
4,621–4,640 · Page 232 of 500
Supreme Court of India3 Nov 2020Full text
2020 INSC 630 · [2020] 9 S.C.R. 906
was completed – On appeal, held: s.22 is a clause which saves proceedings of the Board from invalidity due to reason only of the existence of any vacancy or any defect in the constitution – When the initially Board was constituted on 10.10.2017, the objective as enshrined in s.14 was not fulfilled even in the initial c…
Supreme Court of India21 Jan 2020Full text
2020 INSC 63 · [2020] 1 S.C.R. 453
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.
4,621–4,640 · Page 232 of 500
Supreme Court of India3 Nov 2020Full text
2020 INSC 630 · [2020] 9 S.C.R. 906
was completed – On appeal, held: s.22 is a clause which saves proceedings of the Board from invalidity due to reason only of the existence of any vacancy or any defect in the constitution – When the initially Board was constituted on 10.10.2017, the objective as enshrined in s.14 was not fulfilled even in the initial c…
Supreme Court of India21 Jan 2020Full text
2020 INSC 63 · [2020] 1 S.C.R. 453
With Civil Appeal Nos. 477-478, 486-487, 492-493, 568, 569-570, 571-572, 573, 479-480, 481 of 2020. F Guru Krishna Kumar, Pallav Sishodia, Ranjit Kumar, C.S. Vaidyanathan, V. Giri, Sr. Advs., Mullapudi Rambabu, N. Eswara Rao, Ms. Prity Kumari, Ms. Vijayshree Pattanaik, B.K. Prasad, M/S. M. Rambabu And Co., Saurabh Mish…
Supreme Court of India3 Nov 2020Full text
2020 INSC 629 · [2020] 9 S.C.R. 925
criteria/ educational qualification in the advertisement and having participated in the recruitment process, it is not open for him to contend that higher qualification cannot be a disqualification – The candidate cannot claim right to appointment having suppressed the material information and/ or giving false informat…
Supreme Court of India3 Nov 2020Full text
2020 INSC 628 · [2020] 14 S.C.R. 1
[2020] 14 S.C.R. 1 1 RAJESH @ SARKARI & ANR A v. STATE OF HARYANA (Criminal Appeal No. 1648 of 2019) NOVEMBER 03, 2020 B [DR. DHANANJAYA Y CHANDRACHUD, INDU MALHOTRA AND INDIRA BANERJEE, JJ.] Penal Code, 1860 – s.302 r/w. s.34 – Prosecution case that complainant’s elder son was shot dead inside a University – Complaina…
Supreme Court of India3 Nov 2020Full text
2020 INSC 627 · [2020] 11 S.C.R. 865
866 SUPREME COURT REPORTS [2020] 11 S.C.R. A Court allowed the review application and ordered to delete para 20 of the Judgment and order dated 10.12.2013 passed in First Appeal – Aggrieved, the original plaintiff preferred appeal before the Supreme Court – Held: The High Court has clearly overstepped the jurisdiction …
Supreme Court of India2 Nov 2020Full text
2020 INSC 625 · [2020] 12 S.C.R. 373
HELD : 1. It has consistently been held by this Court that E the remedies available under the provisions of the Consumer Protection Act, 1986 are additional remedies over and above the other remedies including those made available under any special statutes; and that the availability of an alternate remedy is no bar in…
Supreme Court of India2 Nov 2020Full text
2020 INSC 624 · [2020] 13 S.C.R. 1
life under two counts, i.e. s.376(1)(2)(f), (i) and (m) of IPC and u/ s.6 of POCSO Act – The High Court affirmed the conviction and the sentence passed by the Trial Court – On appeal, held: According to the prosecution, on the day in question at about 7:30 p.m. when the victim was with her grandfather, on the pretext t…
Supreme Court of India29 Oct 2020Full text
2020 INSC 621 · [2020] 13 S.C.R. 951
952 SUPREME COURT REPORTS [2020] 13 S.C.R. A that of criminal trial – While the standard of proof in criminal case is a proof beyond all reasonable doubt, the proof in a departmental proceeding is a preponderance of probabilities – In the instant case, the respondent and his parked tractor were seen proximate in time a…
Supreme Court of India29 Oct 2020Full text
2020 INSC 620 · [2020] 12 S.C.R. 583
1.2 Section 25 of Evidence Act, 1872 states that a confession F made to any police officer, whatever his rank, cannot be relied upon against a person accused of any offence. “Police officer” is not defined in the Evidence Act or in any cognate criminal statute. Section 25 is to be viewed in contrast to section 24, give…
Supreme Court of India21 Jan 2020Full text
2020 INSC 62 · [2020] 1 S.C.R. 105
dismissal order on the ground that the punishment was disproportionate to the misconduct, is within the jurisdiction of the Tribunal – Supreme Court in exercise of appellate jurisdiction would be slow in interfering with the substituted punishment, unless the order of Tribunal is found to be arbitrary, unreasonable or …
Supreme Court of India29 Oct 2020Full text
2020 INSC 617 · [2020] 9 S.C.R. 325
Disposing of the matters, the Court E HELD: Given the fact that the Collector has passed an order pursuant to the NGT’s order dated 19.12.2018, it is clear that the execution application filed before the NGT has become infructuous. It is open to the petitioner to challenge the order of the Collector dated 30.04.2019 in…
Supreme Court of India29 Oct 2020Full text
2020 INSC 616 · [2020] 8 S.C.R. 1071
own statement of witness, PW-3 – Such infirmities would render TIP unworthy of acceptance – Further, there were inconsistencies in the statement of PW-3, he stated that lungi was found 10-12 steps from the dead body, however, the spot report noted that lungi was found at a distance of 150 feet from the body – As far as…
Supreme Court of India28 Oct 2020Full text
2020 INSC 615 · [2020] 10 S.C.R. 363
– Technicality of whether or not the appellant challenged the Family Court’s order dated 1 March 2018 cannot obfuscate the same – E The fact that the parents of the appellant have moved to Bengaluru to help her, does not transfer the custody of the child from the appellant to the maternal grand-parents – Respondent’s i…
Supreme Court of India28 Oct 2020Full text
2020 INSC 614 · [2020] 12 S.C.R. 557
G Disposing of the appeals, the Court HELD : 1. The right to extension of lease either flow from a statutory provision or from the terms of the lease between the concerned parties. If there has been an obstructed period by reason of a judicial interdict, that itself will not give window to H 557 558 SUPREME COURT REPOR…
Supreme Court of India27 Oct 2020Full text
2020 INSC 612 · [2020] 9 S.C.R. 517
Disposing of the Writ Petitions and the intervention Gapplications, the Court HELD: 1.1 The undisputed fact is that the investigation has in fact been entrusted by the State Government itself to the CBI on 10.10.2020 and the CBI has started investigation in respect of the crime on 11.10.2020. Therefore, the apprehensio…
Supreme Court of India21 Jan 2020Full text
2020 INSC 61 · [2020] 5 S.C.R. 1001
Allowing the appeals filed by appellants-accused 8 and 13, while dismissing those filed by other appellants, the Court F HELD:1. The fact that a large assembly was indeed formed, where the members were armed with weapons including lathis and tangiyas and they indulged in assault over the deceased, is evident on the fac…
Supreme Court of India26 Oct 2020Full text
2020 INSC 608 · [2020] 12 S.C.R. 915
the bail application, bail could not have been granted – Appeal to Supreme Court – Held: Section 167(2) was enacted with the objectives of ensuring fair trial, expeditions investigation and trial and reasonable procedure prior to depriving any person of his personal liberty, which is intrinsically linked to Art. 21 of …
Supreme Court of India26 Oct 2020Full text
2020 INSC 607 · [2020] 8 S.C.R. 1057
[2020] 8 S.C.R. 1057 1057 RAJESH DHIMAN A v. STATE OF HIMACHAL PRADESH (Criminal Appeal No. 1032 of 2013) OCTOBER 26, 2020 B [N. V. RAMANA, SURYA KANT AND HRISHIKESH ROY, JJ.] Narcotic Drugs and Psychotropic Substances Act, 1985 – s.20 – Both the appellants were travelling on a motorcycle and one of C them was with a b…
Supreme Court of India26 Oct 2020Full text
2020 INSC 606 · [2020] 8 S.C.R. 1044
B Ramabhupala Reddy v. State of Andhra Pradesh (1970) 3 SCC 474; State of UP v. Banne (2009) 4 SCC 271; Babu v. State of Kerala (2010) 9 SCC 189 : [2010] 9 SCR 1039; Ram Jag v. State of UP (1974) 4 SCC 201 : [1974] 3 SCR 9 – relied on. C 2.1 The appellant’s acquittal was primarily based upon the finding that the case w…
Supreme Court of India16 Oct 2020Full text
2020 INSC 604 · [2020] 7 S.C.R. 572
572 NAVIN CHANDRA DHOUNDIYAL v. STATE OF 573 UTTARAKHAND AND ORS. superannuated, he or she shall be reinstated, with full salary for A the period they were out of employment, and allowed to continue till the following June, on re-employment basis. *Dr. Indu Singh v State of Uttarakhand.(2017) SCC Online 1527; S.K. Rath…
Also on Law on Tips: Bare Acts · Legal news and analysis
With Civil Appeal Nos. 477-478, 486-487, 492-493, 568, 569-570, 571-572, 573, 479-480, 481 of 2020. F Guru Krishna Kumar, Pallav Sishodia, Ranjit Kumar, C.S. Vaidyanathan, V. Giri, Sr. Advs., Mullapudi Rambabu, N. Eswara Rao, Ms. Prity Kumari, Ms. Vijayshree Pattanaik, B.K. Prasad, M/S. M. Rambabu And Co., Saurabh Mish…
Supreme Court of India3 Nov 2020Full text
2020 INSC 629 · [2020] 9 S.C.R. 925
criteria/ educational qualification in the advertisement and having participated in the recruitment process, it is not open for him to contend that higher qualification cannot be a disqualification – The candidate cannot claim right to appointment having suppressed the material information and/ or giving false informat…
Supreme Court of India3 Nov 2020Full text
2020 INSC 628 · [2020] 14 S.C.R. 1
[2020] 14 S.C.R. 1 1 RAJESH @ SARKARI & ANR A v. STATE OF HARYANA (Criminal Appeal No. 1648 of 2019) NOVEMBER 03, 2020 B [DR. DHANANJAYA Y CHANDRACHUD, INDU MALHOTRA AND INDIRA BANERJEE, JJ.] Penal Code, 1860 – s.302 r/w. s.34 – Prosecution case that complainant’s elder son was shot dead inside a University – Complaina…
Supreme Court of India3 Nov 2020Full text
2020 INSC 627 · [2020] 11 S.C.R. 865
866 SUPREME COURT REPORTS [2020] 11 S.C.R. A Court allowed the review application and ordered to delete para 20 of the Judgment and order dated 10.12.2013 passed in First Appeal – Aggrieved, the original plaintiff preferred appeal before the Supreme Court – Held: The High Court has clearly overstepped the jurisdiction …
Supreme Court of India2 Nov 2020Full text
2020 INSC 625 · [2020] 12 S.C.R. 373
HELD : 1. It has consistently been held by this Court that E the remedies available under the provisions of the Consumer Protection Act, 1986 are additional remedies over and above the other remedies including those made available under any special statutes; and that the availability of an alternate remedy is no bar in…
Supreme Court of India2 Nov 2020Full text
2020 INSC 624 · [2020] 13 S.C.R. 1
life under two counts, i.e. s.376(1)(2)(f), (i) and (m) of IPC and u/ s.6 of POCSO Act – The High Court affirmed the conviction and the sentence passed by the Trial Court – On appeal, held: According to the prosecution, on the day in question at about 7:30 p.m. when the victim was with her grandfather, on the pretext t…
Supreme Court of India29 Oct 2020Full text
2020 INSC 621 · [2020] 13 S.C.R. 951
952 SUPREME COURT REPORTS [2020] 13 S.C.R. A that of criminal trial – While the standard of proof in criminal case is a proof beyond all reasonable doubt, the proof in a departmental proceeding is a preponderance of probabilities – In the instant case, the respondent and his parked tractor were seen proximate in time a…
Supreme Court of India29 Oct 2020Full text
2020 INSC 620 · [2020] 12 S.C.R. 583
1.2 Section 25 of Evidence Act, 1872 states that a confession F made to any police officer, whatever his rank, cannot be relied upon against a person accused of any offence. “Police officer” is not defined in the Evidence Act or in any cognate criminal statute. Section 25 is to be viewed in contrast to section 24, give…
Supreme Court of India21 Jan 2020Full text
2020 INSC 62 · [2020] 1 S.C.R. 105
dismissal order on the ground that the punishment was disproportionate to the misconduct, is within the jurisdiction of the Tribunal – Supreme Court in exercise of appellate jurisdiction would be slow in interfering with the substituted punishment, unless the order of Tribunal is found to be arbitrary, unreasonable or …
Supreme Court of India29 Oct 2020Full text
2020 INSC 617 · [2020] 9 S.C.R. 325
Disposing of the matters, the Court E HELD: Given the fact that the Collector has passed an order pursuant to the NGT’s order dated 19.12.2018, it is clear that the execution application filed before the NGT has become infructuous. It is open to the petitioner to challenge the order of the Collector dated 30.04.2019 in…
Supreme Court of India29 Oct 2020Full text
2020 INSC 616 · [2020] 8 S.C.R. 1071
own statement of witness, PW-3 – Such infirmities would render TIP unworthy of acceptance – Further, there were inconsistencies in the statement of PW-3, he stated that lungi was found 10-12 steps from the dead body, however, the spot report noted that lungi was found at a distance of 150 feet from the body – As far as…
Supreme Court of India28 Oct 2020Full text
2020 INSC 615 · [2020] 10 S.C.R. 363
– Technicality of whether or not the appellant challenged the Family Court’s order dated 1 March 2018 cannot obfuscate the same – E The fact that the parents of the appellant have moved to Bengaluru to help her, does not transfer the custody of the child from the appellant to the maternal grand-parents – Respondent’s i…
Supreme Court of India28 Oct 2020Full text
2020 INSC 614 · [2020] 12 S.C.R. 557
G Disposing of the appeals, the Court HELD : 1. The right to extension of lease either flow from a statutory provision or from the terms of the lease between the concerned parties. If there has been an obstructed period by reason of a judicial interdict, that itself will not give window to H 557 558 SUPREME COURT REPOR…
Supreme Court of India27 Oct 2020Full text
2020 INSC 612 · [2020] 9 S.C.R. 517
Disposing of the Writ Petitions and the intervention Gapplications, the Court HELD: 1.1 The undisputed fact is that the investigation has in fact been entrusted by the State Government itself to the CBI on 10.10.2020 and the CBI has started investigation in respect of the crime on 11.10.2020. Therefore, the apprehensio…
Supreme Court of India21 Jan 2020Full text
2020 INSC 61 · [2020] 5 S.C.R. 1001
Allowing the appeals filed by appellants-accused 8 and 13, while dismissing those filed by other appellants, the Court F HELD:1. The fact that a large assembly was indeed formed, where the members were armed with weapons including lathis and tangiyas and they indulged in assault over the deceased, is evident on the fac…
Supreme Court of India26 Oct 2020Full text
2020 INSC 608 · [2020] 12 S.C.R. 915
the bail application, bail could not have been granted – Appeal to Supreme Court – Held: Section 167(2) was enacted with the objectives of ensuring fair trial, expeditions investigation and trial and reasonable procedure prior to depriving any person of his personal liberty, which is intrinsically linked to Art. 21 of …
Supreme Court of India26 Oct 2020Full text
2020 INSC 607 · [2020] 8 S.C.R. 1057
[2020] 8 S.C.R. 1057 1057 RAJESH DHIMAN A v. STATE OF HIMACHAL PRADESH (Criminal Appeal No. 1032 of 2013) OCTOBER 26, 2020 B [N. V. RAMANA, SURYA KANT AND HRISHIKESH ROY, JJ.] Narcotic Drugs and Psychotropic Substances Act, 1985 – s.20 – Both the appellants were travelling on a motorcycle and one of C them was with a b…
Supreme Court of India26 Oct 2020Full text
2020 INSC 606 · [2020] 8 S.C.R. 1044
B Ramabhupala Reddy v. State of Andhra Pradesh (1970) 3 SCC 474; State of UP v. Banne (2009) 4 SCC 271; Babu v. State of Kerala (2010) 9 SCC 189 : [2010] 9 SCR 1039; Ram Jag v. State of UP (1974) 4 SCC 201 : [1974] 3 SCR 9 – relied on. C 2.1 The appellant’s acquittal was primarily based upon the finding that the case w…
Supreme Court of India16 Oct 2020Full text
2020 INSC 604 · [2020] 7 S.C.R. 572
572 NAVIN CHANDRA DHOUNDIYAL v. STATE OF 573 UTTARAKHAND AND ORS. superannuated, he or she shall be reinstated, with full salary for A the period they were out of employment, and allowed to continue till the following June, on re-employment basis. *Dr. Indu Singh v State of Uttarakhand.(2017) SCC Online 1527; S.K. Rath…
Also on Law on Tips: Bare Acts · Legal news and analysis