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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.
4,701–4,720 · Page 236 of 500
Supreme Court of India7 Sep 2020Full text
2020 INSC 535 · [2020] 10 S.C.R. 1132
hence, there is no justification for allowing the parental consortium and filial consortium – Held: The Constitution Bench in Pranay Sethi has referred to amount of Rs. 40,000/- to the ‘loss of Consortium’ but the Constitution Bench had not addressed the issue as to whether Consortium of Rs. 40,000/- is only payable as…
Supreme Court of India4 Sep 2020Full text
2020 INSC 534 · [2020] 8 S.C.R. 89
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.
4,701–4,720 · Page 236 of 500
Supreme Court of India7 Sep 2020Full text
2020 INSC 535 · [2020] 10 S.C.R. 1132
hence, there is no justification for allowing the parental consortium and filial consortium – Held: The Constitution Bench in Pranay Sethi has referred to amount of Rs. 40,000/- to the ‘loss of Consortium’ but the Constitution Bench had not addressed the issue as to whether Consortium of Rs. 40,000/- is only payable as…
Supreme Court of India4 Sep 2020Full text
2020 INSC 534 · [2020] 8 S.C.R. 89
[2020] 8 S.C.R. 89 89 R. POORNIMA AND ORS. A v. UNION OF INDIA AND ORS. (Writ Petition (Civil) No. 1172 of 2019) B SEPTEMBER 04, 2020 [S. A. BOBDE, CJI, A. S. BOPANNA AND V. RAMASUBRAMANIAN, JJ.] Constitution of India – Art. 217(2) – Explanation (a) and (aa) u/Art. 217(2) – The petitioners as well as the respondent nos…
Supreme Court of India4 Sep 2020Full text
2020 INSC 533 · [2020] 13 S.C.R. 465
of the factors which were crucial for taking a decision regarding viability and feasibility were not placed before the CoC or the Resolution Professional – The only basis for the corporate debtor to raise the issue of viability and feasibility was that the ownership and possession of the ethanol plant and machinery was…
Supreme Court of India2 Sep 2020Full text
2020 INSC 531 · [2020] 10 S.C.R. 1075
the revision application, the appellants for the first time took the plea that offences u/ss.463, 464, 465, 467, 468, 469, 471, 474, 475 and 477-A of the IPC were also made out against the respondents, as a result of which a private complaint would be maintainable – The Additional Sessions Judge allowed the revision an…
Supreme Court of India2 Sep 2020Full text
2020 INSC 530 · [2020] 6 S.C.R. 1132
Appeal to Supreme Court – Held: The evidence against the appellant-accused is consistent with the depositions in Court being in line with the complaint and statements made before the police – The appellant-accused has not been able to point out any infirmity in the findings of High Court – Impugned order is upheld. E C…
Supreme Court of India2 Sep 2020Full text
2020 INSC 529 · [2020] 6 S.C.R. 1003
1002 SHRIDHAR C. SHETTY (DECEASED) THR. LRS. v. ADDL. COLLECTOR 1003 AND COMPETENT AUTHORITY excess land under Section 21 of the Act with its attendant A consequences as provided under the Act. [Para 9][1009-F-G] S. Vasudeva v. State of Karnataka and Ors. (1993) 3 SCC 467 : [1993] 2 SCR 715 – relied on. 1.2 In the natu…
Supreme Court of India1 Sep 2020Full text
2020 INSC 528 · [2020] 9 S.C.R. 303
Considering the facts and circumstances of the Report submitted by the Expert Committee, Report of Temple Committee and the project report prepared by Ujjain Smart City Ltd., directions issued. E Issuing directions, the Court HELD: Considering the facts and circumstances of the Report submitted by the Experts Committee…
Supreme Court of India1 Sep 2020Full text
2020 INSC 526 · [2020] 7 S.C.R. 1158
it also enlarged the period of investigation – By order dated 22.07.2019, the High Court initiated suo motu contempt petition proceedings against DA for disobedience of its order dated 28.08.2018 and also ordered the replacement of the incumbent DA – According to the High Court, the action of DA seeking to enlarge H th…
Supreme Court of India1 Sep 2020Full text
2020 INSC 525 · [2020] 10 S.C.R. 1043
retrospective in its application ? – Held: The DTA sales pertaining to excisable goods made in conformity with the conditions of the EXIM policy are exigible to excise duty, but once there is contravention of the condition(s) of the EXIM policy, irrespective of the goods produced being excisable or non-excisable, the b…
Supreme Court of India31 Aug 2020Full text
2020 INSC 524 · [2020] 9 S.C.R. 245
[2020] 9 S.C.R. 245 245 MUKESH SINGH A v. STATE (NARCOTIC BRANCH OF DELHI) (Special Leave Petition (Criminal) Diary No. 39528 of 2018) AUGUST 31, 2020 B [ARUN MISHRA, INDIRA BANERJEE,VINEET SARAN, M. R. SHAH AND S. RAVINDRA BHAT, JJ.] Narcotic Drugs and Psychotropic Substances Act, 1985 – Informant-police officer who i…
Supreme Court of India31 Aug 2020Full text
2020 INSC 523 · [2020] 13 S.C.R. 658
On facts, it was an error on part of this Court to have observed and proceeded on the premise that no reply was filed by respondent no.3 to the response filed by the banks – However, attempt on part of respondent No.3 to have re-hearing in the matter cannot be E permitted – No “error apparent on record” to justify inte…
Supreme Court of India31 Aug 2020Full text
2020 INSC 521 · [2020] 12 S.C.R. 301
1.3. It is further apparent from reply dated 31.7.2013 filed by the Rajasthan Discoms before the RERC in which it was clearly admitted that non-availability of domestic coal from the Central Government would put the case of APRL within the scope of change in law. Rajasthan Discoms before the RERC admitted H JAIPUR VIDY…
Supreme Court of India17 Jan 2020Full text
2020 INSC 52 · [2020] 5 S.C.R. 44
B Allowing the appeal, the Court HELD: 1.1 Clause VIII brings within the purview of the insured perils a loss, destruction or damage directly caused by subsidence of a part of the site on which the property stands or a land slide/rock slide, but excludes, what is stipulated in Sub- C clauses (a) to (e) thereafter. Clau…
Supreme Court of India28 Aug 2020Full text
2020 INSC 519 · [2020] 8 S.C.R. 917
beyond the domain of UGC as they relate to co-ordination and determination of standards of education in institutions of higher education – The Guidelines are in compliance with s. 12 of UGC Act – They are neither unreasonable nor arbitrary and hence not violative of Art. 14 – SOP for conducting the examinations shows t…
Supreme Court of India28 Aug 2020Full text
2020 INSC 518 · [2020] 8 S.C.R. 272
272 M/S. RADHA EXPORTS (INDIA) PVT. LIMITED v. 273 K.P. JAYARAM & ANR. Appellate Tribunal erred in law in reversing the judgment and order A of the earlier Adjudicating Authority – Disputes as to whether the signatures of the respondents are forged or whether records were fabricated can be adjudicated upon evidence inc…
Supreme Court of India28 Aug 2020Full text
2020 INSC 517 · [2020] 10 S.C.R. 923
Drugs and Cosmetics Act, 1940 – Object of – Held: 1940 Act purports to achieve the object of regulating the import, F manufacture, distribution, sale of drugs and cosmetics. Drugs and Cosmetics Act, 1940 – Chapter III, IV, IV-A, V; ss.3(b), 3(e), 13, 18, 21, 22-27, 27A, 28, 28A, 28B, 29, 30-32, 32B, 33H, 33M, 36, 36A, …
Supreme Court of India28 Aug 2020Full text
2020 INSC 516 · [2020] 12 S.C.R. 1139
secure compliance with its order – Such an order should not have been passed in review when the initial order did not contain any such direction – Impugned orders set aside to the extent issuing aforesaid directions to the State – However, State to strictly implement compliance of rr.115, 116 and penalize all those con…
Supreme Court of India28 Aug 2020Full text
2020 INSC 513 · [2020] 8 S.C.R. 875
(v) Effective control over the goods continues to be with the service provider; (vi) The goods are supplied for use by the E recipient of the service. There is an element of service which is the foundation for the levy of the tax. [Para 20][893-G; 894-A-C] 2. The GSA is an agreement between the respondent and its purch…
Supreme Court of India27 Aug 2020Full text
2020 INSC 512 · [2020] 10 S.C.R. 857
u/s.4(5) of the Punjab Act to ensure that the benefit of the reservation percolate down to the deprived section and do not remain on paper and to provide benefit to all and give them equal treatment – As far as its permissibility u/Art.14 is concerned, it would be permissible on a rationale basis to make such sub-class…
Supreme Court of India26 Aug 2020Full text
2020 INSC 510 · [2020] 6 S.C.R. 991
from CLR Service but was regularised by appointment through regular employment process – The view of State Government was affirmed in Writ Petition as well as Writ Appeal – Appeal to Supreme Court – Held: Pension is not a bounty payable at will, but a social welfare measure as a post-retirement entitlement – Pensionary…
Also on Law on Tips: Bare Acts · Legal news and analysis
[2020] 8 S.C.R. 89 89 R. POORNIMA AND ORS. A v. UNION OF INDIA AND ORS. (Writ Petition (Civil) No. 1172 of 2019) B SEPTEMBER 04, 2020 [S. A. BOBDE, CJI, A. S. BOPANNA AND V. RAMASUBRAMANIAN, JJ.] Constitution of India – Art. 217(2) – Explanation (a) and (aa) u/Art. 217(2) – The petitioners as well as the respondent nos…
Supreme Court of India4 Sep 2020Full text
2020 INSC 533 · [2020] 13 S.C.R. 465
of the factors which were crucial for taking a decision regarding viability and feasibility were not placed before the CoC or the Resolution Professional – The only basis for the corporate debtor to raise the issue of viability and feasibility was that the ownership and possession of the ethanol plant and machinery was…
Supreme Court of India2 Sep 2020Full text
2020 INSC 531 · [2020] 10 S.C.R. 1075
the revision application, the appellants for the first time took the plea that offences u/ss.463, 464, 465, 467, 468, 469, 471, 474, 475 and 477-A of the IPC were also made out against the respondents, as a result of which a private complaint would be maintainable – The Additional Sessions Judge allowed the revision an…
Supreme Court of India2 Sep 2020Full text
2020 INSC 530 · [2020] 6 S.C.R. 1132
Appeal to Supreme Court – Held: The evidence against the appellant-accused is consistent with the depositions in Court being in line with the complaint and statements made before the police – The appellant-accused has not been able to point out any infirmity in the findings of High Court – Impugned order is upheld. E C…
Supreme Court of India2 Sep 2020Full text
2020 INSC 529 · [2020] 6 S.C.R. 1003
1002 SHRIDHAR C. SHETTY (DECEASED) THR. LRS. v. ADDL. COLLECTOR 1003 AND COMPETENT AUTHORITY excess land under Section 21 of the Act with its attendant A consequences as provided under the Act. [Para 9][1009-F-G] S. Vasudeva v. State of Karnataka and Ors. (1993) 3 SCC 467 : [1993] 2 SCR 715 – relied on. 1.2 In the natu…
Supreme Court of India1 Sep 2020Full text
2020 INSC 528 · [2020] 9 S.C.R. 303
Considering the facts and circumstances of the Report submitted by the Expert Committee, Report of Temple Committee and the project report prepared by Ujjain Smart City Ltd., directions issued. E Issuing directions, the Court HELD: Considering the facts and circumstances of the Report submitted by the Experts Committee…
Supreme Court of India1 Sep 2020Full text
2020 INSC 526 · [2020] 7 S.C.R. 1158
it also enlarged the period of investigation – By order dated 22.07.2019, the High Court initiated suo motu contempt petition proceedings against DA for disobedience of its order dated 28.08.2018 and also ordered the replacement of the incumbent DA – According to the High Court, the action of DA seeking to enlarge H th…
Supreme Court of India1 Sep 2020Full text
2020 INSC 525 · [2020] 10 S.C.R. 1043
retrospective in its application ? – Held: The DTA sales pertaining to excisable goods made in conformity with the conditions of the EXIM policy are exigible to excise duty, but once there is contravention of the condition(s) of the EXIM policy, irrespective of the goods produced being excisable or non-excisable, the b…
Supreme Court of India31 Aug 2020Full text
2020 INSC 524 · [2020] 9 S.C.R. 245
[2020] 9 S.C.R. 245 245 MUKESH SINGH A v. STATE (NARCOTIC BRANCH OF DELHI) (Special Leave Petition (Criminal) Diary No. 39528 of 2018) AUGUST 31, 2020 B [ARUN MISHRA, INDIRA BANERJEE,VINEET SARAN, M. R. SHAH AND S. RAVINDRA BHAT, JJ.] Narcotic Drugs and Psychotropic Substances Act, 1985 – Informant-police officer who i…
Supreme Court of India31 Aug 2020Full text
2020 INSC 523 · [2020] 13 S.C.R. 658
On facts, it was an error on part of this Court to have observed and proceeded on the premise that no reply was filed by respondent no.3 to the response filed by the banks – However, attempt on part of respondent No.3 to have re-hearing in the matter cannot be E permitted – No “error apparent on record” to justify inte…
Supreme Court of India31 Aug 2020Full text
2020 INSC 521 · [2020] 12 S.C.R. 301
1.3. It is further apparent from reply dated 31.7.2013 filed by the Rajasthan Discoms before the RERC in which it was clearly admitted that non-availability of domestic coal from the Central Government would put the case of APRL within the scope of change in law. Rajasthan Discoms before the RERC admitted H JAIPUR VIDY…
Supreme Court of India17 Jan 2020Full text
2020 INSC 52 · [2020] 5 S.C.R. 44
B Allowing the appeal, the Court HELD: 1.1 Clause VIII brings within the purview of the insured perils a loss, destruction or damage directly caused by subsidence of a part of the site on which the property stands or a land slide/rock slide, but excludes, what is stipulated in Sub- C clauses (a) to (e) thereafter. Clau…
Supreme Court of India28 Aug 2020Full text
2020 INSC 519 · [2020] 8 S.C.R. 917
beyond the domain of UGC as they relate to co-ordination and determination of standards of education in institutions of higher education – The Guidelines are in compliance with s. 12 of UGC Act – They are neither unreasonable nor arbitrary and hence not violative of Art. 14 – SOP for conducting the examinations shows t…
Supreme Court of India28 Aug 2020Full text
2020 INSC 518 · [2020] 8 S.C.R. 272
272 M/S. RADHA EXPORTS (INDIA) PVT. LIMITED v. 273 K.P. JAYARAM & ANR. Appellate Tribunal erred in law in reversing the judgment and order A of the earlier Adjudicating Authority – Disputes as to whether the signatures of the respondents are forged or whether records were fabricated can be adjudicated upon evidence inc…
Supreme Court of India28 Aug 2020Full text
2020 INSC 517 · [2020] 10 S.C.R. 923
Drugs and Cosmetics Act, 1940 – Object of – Held: 1940 Act purports to achieve the object of regulating the import, F manufacture, distribution, sale of drugs and cosmetics. Drugs and Cosmetics Act, 1940 – Chapter III, IV, IV-A, V; ss.3(b), 3(e), 13, 18, 21, 22-27, 27A, 28, 28A, 28B, 29, 30-32, 32B, 33H, 33M, 36, 36A, …
Supreme Court of India28 Aug 2020Full text
2020 INSC 516 · [2020] 12 S.C.R. 1139
secure compliance with its order – Such an order should not have been passed in review when the initial order did not contain any such direction – Impugned orders set aside to the extent issuing aforesaid directions to the State – However, State to strictly implement compliance of rr.115, 116 and penalize all those con…
Supreme Court of India28 Aug 2020Full text
2020 INSC 513 · [2020] 8 S.C.R. 875
(v) Effective control over the goods continues to be with the service provider; (vi) The goods are supplied for use by the E recipient of the service. There is an element of service which is the foundation for the levy of the tax. [Para 20][893-G; 894-A-C] 2. The GSA is an agreement between the respondent and its purch…
Supreme Court of India27 Aug 2020Full text
2020 INSC 512 · [2020] 10 S.C.R. 857
u/s.4(5) of the Punjab Act to ensure that the benefit of the reservation percolate down to the deprived section and do not remain on paper and to provide benefit to all and give them equal treatment – As far as its permissibility u/Art.14 is concerned, it would be permissible on a rationale basis to make such sub-class…
Supreme Court of India26 Aug 2020Full text
2020 INSC 510 · [2020] 6 S.C.R. 991
from CLR Service but was regularised by appointment through regular employment process – The view of State Government was affirmed in Writ Petition as well as Writ Appeal – Appeal to Supreme Court – Held: Pension is not a bounty payable at will, but a social welfare measure as a post-retirement entitlement – Pensionary…
Also on Law on Tips: Bare Acts · Legal news and analysis