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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.
4,761–4,780 · Page 239 of 500
Supreme Court of India23 Jul 2020Full text
2020 INSC 462 · [2020] 6 S.C.R. 1
1 2 SUPREME COURT REPORTS [2020] 6 S.C.R. A Commission or this judgment not to be regarded as precedent – Appeal dismissed. Indian Medical Association v. V.P. Shantha (1995) 6 SCC 651 : [1995] 5 Suppl. SCR 110 – referred to. Case Law Reference B [1995] 5 Suppl. SCR 110 referred to Para 4 CIVIL APPELLATE JURISDICTION : …
Supreme Court of India22 Jul 2020Full text
2020 INSC 461 · [2020] 5 S.C.R. 874
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.
4,761–4,780 · Page 239 of 500
Supreme Court of India23 Jul 2020Full text
2020 INSC 462 · [2020] 6 S.C.R. 1
1 2 SUPREME COURT REPORTS [2020] 6 S.C.R. A Commission or this judgment not to be regarded as precedent – Appeal dismissed. Indian Medical Association v. V.P. Shantha (1995) 6 SCC 651 : [1995] 5 Suppl. SCR 110 – referred to. Case Law Reference B [1995] 5 Suppl. SCR 110 referred to Para 4 CIVIL APPELLATE JURISDICTION : …
Supreme Court of India22 Jul 2020Full text
2020 INSC 461 · [2020] 5 S.C.R. 874
which state that the revenue has no business to second guess commercial or business expediency of what parties at arms-length decide for each other – Further, it was correctly held by the majority judgments of the Appellate Tribunal, inter alia, that the withholding of Rs. 3 crores out of Rs. 6.6 crores for a period of…
Supreme Court of India22 Jul 2020Full text
2020 INSC 460 · [2020] 6 S.C.R. 486
assessee, allowed by High Court – Held: For applicability of Art.5(1), DTAA to fixed place PEs under double taxation avoidance treaties, it should be an establishment “through which the business of an enterprise” is wholly or partly carried on – Profits of the foreign enterprise are taxable only where it carries on its…
Supreme Court of India15 Jan 2020Full text
2020 INSC 46 · [2020] 2 S.C.R. 553
when an application for grant of bail was finally decided – High Court committed grave error in retaining the file after grant of bail. Allowing the appeal, the Court HELD : 1. The matter before the High Court was as to whether the accused are entitled to be admitted to bail, that is E the jurisdiction conferred on the…
Supreme Court of India21 Jul 2020Full text
2020 INSC 458 · [2020] 6 S.C.R. 13
Allowing the appeal, the Court F HELD: The eligibility requirements stipulated in the advertisement are that the candidate must have a post-graduate degree or diploma in (i) Social Work; or (ii) Labour Welfare; or (iii) Industrial Relations; or (iv) Personnel Management; or (v) in any other allied subject of a recogniz…
Supreme Court of India17 Jul 2020Full text
2020 INSC 457 · [2020] 6 S.C.R. 249
to enable him to exercise the power u/Art. 161 and failure on that count could result in quashing of the order of remission – The Constitution Bench in Maru Ram Case had observed that Government should make Rules for its own guidance in the exercise of the pardon powers – In view of the observation in Maru Ram case, th…
Supreme Court of India17 Jul 2020Full text
2020 INSC 456 · [2020] 7 S.C.R. 392
(vi) and (vii) of clause 7 of the 2003 Scheme – As the policy of extending 75% subsidy was not in existence at the time when the application of the Company was considered, no benefit could have been claimed under non-existent policy – Company is entitled to subsidy only to the extent of 50% and hence liable to refund t…
Supreme Court of India17 Jul 2020Full text
2020 INSC 455 · [2020] 9 S.C.R. 619
[2020] 9 S.C.R. 619 619 V. KALYANASWAMY (D) BY LRS. & ANR. A v. L. BAKTHAVATSALAM (D) BY LRS. & ORS. (Civil Appeal Nos.1021-1026 of 2013) JULY 17, 2020 B [SANJAY KISHAN KAUL AND K. M. JOSEPH, JJ.] Hindu Succession Act, 1956 – Death before enactment of – Effect of – One ‘RVN’ had two sons (‘LN’ and ‘RN’) and five daught…
Supreme Court of India14 Jul 2020Full text
2020 INSC 452 · [2020] 6 S.C.R. 1050
1050 DIRECTOR GENERAL (ROAD DEVELOPMENT) NATIONAL HIGHWAYS 1051 AUTH. OF INDIA v. AAM AADMI LOKMANCH and provide for “restitution of property damaged and for restitution A of the environment for such area as the Tribunal may think fit” – Further, s.17(1) refers to first schedule enactments, it talks of death of, or inj…
Supreme Court of India13 Jul 2020Full text
2020 INSC 451 · [2020] 9 S.C.R. 974
974 SUPREME COURT[2020]REPORTS9 S.C.R. 974 [2020] 9 S.C.R. A SRI MARTHANDA VARMA (D) THR. LRs. & ANR. v. STATE OF KERALA & ORS. (Civil Appeal No. 2732 of 2020) B JULY 13, 2020 [UDAY UMESH LALIT AND INDU MALHOTRA, JJ.] Travancore-Cochin Hindu Religious Institutions Act, 1950 – Chapter III of Part-I, Sections 18 to 23 – …
Supreme Court of India15 Jan 2020Full text
2020 INSC 45 · [2020] 1 S.C.R. 84
matters the delay was condoned, the High Court condoned the delay and entertained the appeals and enhanced the amount of compensation at par with other land owners/claimants whose lands were acquired for the same project vide the same notification – There was no fault with the order passed by the High Court in F condon…
Supreme Court of India6 Jul 2020Full text
2020 INSC 449 · [2020] 4 S.C.R. 459
Supreme Court of India in the Writ application through Secretary General – The omission indicates careless conduct on the part of the petitioner – The petition was filed in undue haste – The Supreme Court takes judicial notice of the fact that a large number of petitions are filed which are defective; still, the insist…
Supreme Court of India6 Jul 2020Full text
2020 INSC 448 · [2020] 7 S.C.R. 476
H 476 ARUNA OSWAL v. PANKAJ OSWAL & ORS. 477 Allowing the appeals, the Court A HELD: 1. Admittedly, respondent No.1 is not holding the shares to the extent of eligibility threshold of 10% as stipulated under section 244 of the Companies Act, 2013 in order to maintain an application under sections 241 and 242. He has pu…
Supreme Court of India30 Jun 2020Full text
2020 INSC 447 · [2020] 5 S.C.R. 669
conventional heads also – Deduction of 50% by MACT and the High Court towards contributory negligence is affirmed – Total compensation of Rs.19,82,563/- awarded – Dependants have been pursuing legal proceedings since the past 22 years – Interest @12% p.a. be paid on total compensatio n from the date of filing the claim…
Supreme Court of India29 Jun 2020Full text
2020 INSC 446 · [2020] 6 S.C.R. 865
865 866 SUPREME COURT REPORTS [2020] 6 S.C.R. A were used by the assessee in such a manner that they were no longer available for sale in the form they were purchased from unregistered dealers – That being the position, the bottles have indeed been ‘used otherwise’ by the assessee – Therefore, the activity of assessee …
Supreme Court of India26 Jun 2020Full text
2020 INSC 445 · [2020] 7 S.C.R. 64
Revision: Revisional power – Scope of – Held: While exercising Revisional power, what is required to be seen is whether the order H 64 MOHD. INAM v. SANJAY KUMAR SINGHAL & ORS. 65 under challenge is in violation of any statutory provision or a binding A precedent or suffers from misreading of the evidence or omission t…
Supreme Court of India24 Jun 2020Full text
2020 INSC 444 · [2020] 5 S.C.R. 391
the 71% of the revenue offered by the successful bidders after competitive bidding – Therefore, the appellant will suffer huge financial loss if after the completion of the tender process, the tenderers are not permitted to manage and operate the warehouses – Held: Since the matters are pending for final determination …
Supreme Court of India19 Jun 2020Full text
2020 INSC 442 · [2020] 6 S.C.R. 844
844 SUPREME COURT[2020]REPORTS6 S.C.R. 844 [2020] 6 S.C.R. A IN RE : THE PROPER TREATMENT OF COVID 19 PATIENTS AND DIGNIFIED HANDLING OF DEAD BODIES IN THE HOSPITALS ETC. (Suo Motu Writ Petition (Civil) No. 7/2020) JUNE 19, 2020 B [ASHOK BHUSHAN, SANJAY KISHAN KAUL AND M. R. SHAH, JJ.] Public Health – Covid-19 pandemic…
Supreme Court of India19 Jun 2020Full text
2020 INSC 441 · [2020] 5 S.C.R. 383
[2020] 5 S.C.R. 383 383 JINOFER KAWASJI BHUJWALA A v. THE STATE OF GUJARAT (Criminal Appeal No. 460 of 2020) JUNE 19, 2020 B [ASHOK BHUSHAN, M.R. SHAH AND V. RAMASUBRAMANIAN, JJ.] Bail – A Company ‘ANL’ was issued a Letter of Intent for Construction and development of Vessels Traffic and Port C Management System (VTPMS…
Supreme Court of India15 Jan 2020Full text
2020 INSC 44 · [2020] 1 S.C.R. 76
With Civil Appeal No. 137 of 2020. F Dr. Harshvir Pratap Sharma, Sr. Adv., Ajay Sharma, Tejas Patel, Ms. Meera Kaura Patel, Ms. Rukhsar Khan, Pankaj Kumar, Gautam Jha, Advs. for the Appellant. S. Wasim A. Qadri, Sr. Adv., Zaid Ali Subzposh, Ajay Bansal, Praveen Swarup, Ms. Veena Bansal, Gaurav Yadava, Mrs. Archana GSha…
Also on Law on Tips: Bare Acts · Legal news and analysis
which state that the revenue has no business to second guess commercial or business expediency of what parties at arms-length decide for each other – Further, it was correctly held by the majority judgments of the Appellate Tribunal, inter alia, that the withholding of Rs. 3 crores out of Rs. 6.6 crores for a period of…
Supreme Court of India22 Jul 2020Full text
2020 INSC 460 · [2020] 6 S.C.R. 486
assessee, allowed by High Court – Held: For applicability of Art.5(1), DTAA to fixed place PEs under double taxation avoidance treaties, it should be an establishment “through which the business of an enterprise” is wholly or partly carried on – Profits of the foreign enterprise are taxable only where it carries on its…
Supreme Court of India15 Jan 2020Full text
2020 INSC 46 · [2020] 2 S.C.R. 553
when an application for grant of bail was finally decided – High Court committed grave error in retaining the file after grant of bail. Allowing the appeal, the Court HELD : 1. The matter before the High Court was as to whether the accused are entitled to be admitted to bail, that is E the jurisdiction conferred on the…
Supreme Court of India21 Jul 2020Full text
2020 INSC 458 · [2020] 6 S.C.R. 13
Allowing the appeal, the Court F HELD: The eligibility requirements stipulated in the advertisement are that the candidate must have a post-graduate degree or diploma in (i) Social Work; or (ii) Labour Welfare; or (iii) Industrial Relations; or (iv) Personnel Management; or (v) in any other allied subject of a recogniz…
Supreme Court of India17 Jul 2020Full text
2020 INSC 457 · [2020] 6 S.C.R. 249
to enable him to exercise the power u/Art. 161 and failure on that count could result in quashing of the order of remission – The Constitution Bench in Maru Ram Case had observed that Government should make Rules for its own guidance in the exercise of the pardon powers – In view of the observation in Maru Ram case, th…
Supreme Court of India17 Jul 2020Full text
2020 INSC 456 · [2020] 7 S.C.R. 392
(vi) and (vii) of clause 7 of the 2003 Scheme – As the policy of extending 75% subsidy was not in existence at the time when the application of the Company was considered, no benefit could have been claimed under non-existent policy – Company is entitled to subsidy only to the extent of 50% and hence liable to refund t…
Supreme Court of India17 Jul 2020Full text
2020 INSC 455 · [2020] 9 S.C.R. 619
[2020] 9 S.C.R. 619 619 V. KALYANASWAMY (D) BY LRS. & ANR. A v. L. BAKTHAVATSALAM (D) BY LRS. & ORS. (Civil Appeal Nos.1021-1026 of 2013) JULY 17, 2020 B [SANJAY KISHAN KAUL AND K. M. JOSEPH, JJ.] Hindu Succession Act, 1956 – Death before enactment of – Effect of – One ‘RVN’ had two sons (‘LN’ and ‘RN’) and five daught…
Supreme Court of India14 Jul 2020Full text
2020 INSC 452 · [2020] 6 S.C.R. 1050
1050 DIRECTOR GENERAL (ROAD DEVELOPMENT) NATIONAL HIGHWAYS 1051 AUTH. OF INDIA v. AAM AADMI LOKMANCH and provide for “restitution of property damaged and for restitution A of the environment for such area as the Tribunal may think fit” – Further, s.17(1) refers to first schedule enactments, it talks of death of, or inj…
Supreme Court of India13 Jul 2020Full text
2020 INSC 451 · [2020] 9 S.C.R. 974
974 SUPREME COURT[2020]REPORTS9 S.C.R. 974 [2020] 9 S.C.R. A SRI MARTHANDA VARMA (D) THR. LRs. & ANR. v. STATE OF KERALA & ORS. (Civil Appeal No. 2732 of 2020) B JULY 13, 2020 [UDAY UMESH LALIT AND INDU MALHOTRA, JJ.] Travancore-Cochin Hindu Religious Institutions Act, 1950 – Chapter III of Part-I, Sections 18 to 23 – …
Supreme Court of India15 Jan 2020Full text
2020 INSC 45 · [2020] 1 S.C.R. 84
matters the delay was condoned, the High Court condoned the delay and entertained the appeals and enhanced the amount of compensation at par with other land owners/claimants whose lands were acquired for the same project vide the same notification – There was no fault with the order passed by the High Court in F condon…
Supreme Court of India6 Jul 2020Full text
2020 INSC 449 · [2020] 4 S.C.R. 459
Supreme Court of India in the Writ application through Secretary General – The omission indicates careless conduct on the part of the petitioner – The petition was filed in undue haste – The Supreme Court takes judicial notice of the fact that a large number of petitions are filed which are defective; still, the insist…
Supreme Court of India6 Jul 2020Full text
2020 INSC 448 · [2020] 7 S.C.R. 476
H 476 ARUNA OSWAL v. PANKAJ OSWAL & ORS. 477 Allowing the appeals, the Court A HELD: 1. Admittedly, respondent No.1 is not holding the shares to the extent of eligibility threshold of 10% as stipulated under section 244 of the Companies Act, 2013 in order to maintain an application under sections 241 and 242. He has pu…
Supreme Court of India30 Jun 2020Full text
2020 INSC 447 · [2020] 5 S.C.R. 669
conventional heads also – Deduction of 50% by MACT and the High Court towards contributory negligence is affirmed – Total compensation of Rs.19,82,563/- awarded – Dependants have been pursuing legal proceedings since the past 22 years – Interest @12% p.a. be paid on total compensatio n from the date of filing the claim…
Supreme Court of India29 Jun 2020Full text
2020 INSC 446 · [2020] 6 S.C.R. 865
865 866 SUPREME COURT REPORTS [2020] 6 S.C.R. A were used by the assessee in such a manner that they were no longer available for sale in the form they were purchased from unregistered dealers – That being the position, the bottles have indeed been ‘used otherwise’ by the assessee – Therefore, the activity of assessee …
Supreme Court of India26 Jun 2020Full text
2020 INSC 445 · [2020] 7 S.C.R. 64
Revision: Revisional power – Scope of – Held: While exercising Revisional power, what is required to be seen is whether the order H 64 MOHD. INAM v. SANJAY KUMAR SINGHAL & ORS. 65 under challenge is in violation of any statutory provision or a binding A precedent or suffers from misreading of the evidence or omission t…
Supreme Court of India24 Jun 2020Full text
2020 INSC 444 · [2020] 5 S.C.R. 391
the 71% of the revenue offered by the successful bidders after competitive bidding – Therefore, the appellant will suffer huge financial loss if after the completion of the tender process, the tenderers are not permitted to manage and operate the warehouses – Held: Since the matters are pending for final determination …
Supreme Court of India19 Jun 2020Full text
2020 INSC 442 · [2020] 6 S.C.R. 844
844 SUPREME COURT[2020]REPORTS6 S.C.R. 844 [2020] 6 S.C.R. A IN RE : THE PROPER TREATMENT OF COVID 19 PATIENTS AND DIGNIFIED HANDLING OF DEAD BODIES IN THE HOSPITALS ETC. (Suo Motu Writ Petition (Civil) No. 7/2020) JUNE 19, 2020 B [ASHOK BHUSHAN, SANJAY KISHAN KAUL AND M. R. SHAH, JJ.] Public Health – Covid-19 pandemic…
Supreme Court of India19 Jun 2020Full text
2020 INSC 441 · [2020] 5 S.C.R. 383
[2020] 5 S.C.R. 383 383 JINOFER KAWASJI BHUJWALA A v. THE STATE OF GUJARAT (Criminal Appeal No. 460 of 2020) JUNE 19, 2020 B [ASHOK BHUSHAN, M.R. SHAH AND V. RAMASUBRAMANIAN, JJ.] Bail – A Company ‘ANL’ was issued a Letter of Intent for Construction and development of Vessels Traffic and Port C Management System (VTPMS…
Supreme Court of India15 Jan 2020Full text
2020 INSC 44 · [2020] 1 S.C.R. 76
With Civil Appeal No. 137 of 2020. F Dr. Harshvir Pratap Sharma, Sr. Adv., Ajay Sharma, Tejas Patel, Ms. Meera Kaura Patel, Ms. Rukhsar Khan, Pankaj Kumar, Gautam Jha, Advs. for the Appellant. S. Wasim A. Qadri, Sr. Adv., Zaid Ali Subzposh, Ajay Bansal, Praveen Swarup, Ms. Veena Bansal, Gaurav Yadava, Mrs. Archana GSha…
Also on Law on Tips: Bare Acts · Legal news and analysis