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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.
4,841–4,860 · Page 243 of 500
Supreme Court of India27 Apr 2020Full text
2020 INSC 369 · [2020] 6 S.C.R. 342
rehousing is based on her status as respondent no.8’s wife – As of now, the decree of judicial separation stands invalidated and she is the legally wedded wife of respondent no.8 – However, the original building that constituted her matrimonial home has been demolished and large portions of the redeveloped building on …
Supreme Court of India27 Apr 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.
4,841–4,860 · Page 243 of 500
Supreme Court of India27 Apr 2020Full text
2020 INSC 369 · [2020] 6 S.C.R. 342
rehousing is based on her status as respondent no.8’s wife – As of now, the decree of judicial separation stands invalidated and she is the legally wedded wife of respondent no.8 – However, the original building that constituted her matrimonial home has been demolished and large portions of the redeveloped building on …
Supreme Court of India27 Apr 2020Full text
2020 INSC 368 · [2020] 6 S.C.R. 521
– That fiction is that the movement of goods, from one State to another shall terminate, where the good were delivered to a carrier for transmission, at the time of when delivery is taken from such carrier – No concept of constructive delivery either express or implied in the said provision – Movement of the goods, for…
Supreme Court of India27 Apr 2020Full text
2020 INSC 367 · [2020] 9 S.C.R. 109
COMMISSIONER OF CUSTOMS (PORT) KOLKATA v. 111 M/S STEEL AUTHORITY OF INDIA LTD. TISCO v. Commissioner of Central Excise Customs A (2000) 3 SCC 472 : [2000] 1 SCR 876; Mukund Limited v. Commissioner of Customs 2000 (120) ELT 30 – referred to. CC (Prev.), Ahmedabad v. Essar Gujarat (1997) 9 SCC 738 : [1996] 8 Suppl. SCR …
Supreme Court of India27 Apr 2020Full text
2020 INSC 366 · [2020] 9 S.C.R. 330
330 SUPREME COURT[2020]REPORTS9 S.C.R. 330 [2020] 9 S.C.R. A STATE OF GUJARAT v. MANSUKHBHAI KANJIBHAI SHAH (Criminal Appeal No. 989 of 2018) B APRIL 27, 2020 [N. V. RAMANA, MOHAN M. SHANTANAGOUDAR AND AJAY RASTOGI, JJ.] Prevention of Corruption Act, 1988: s.2(c)(xi) – Deemed University – Whether Deemed University is n…
Supreme Court of India24 Apr 2020Full text
2020 INSC 365 · [2020] 5 S.C.R. 625
01.06.2016, by filing writ petition(s) on 12.10.2017 for the stated reliefs – NJD vacancies reported after 01.6.16 must be filled up from amongst the empanelled candidates in the fresh Ranked List, RL-II published on 26.05.2015 or RL-III published on 14.03.2019, as the case may be – Judgment of Full Bench upheld – Kera…
Supreme Court of India24 Apr 2020Full text
2020 INSC 364 · [2020] 9 S.C.R. 361
IAS is not an anathema to these rules and, on the contrary, wherever necessary, the applicable rules, orders or directions concerning the members of IAS do govern the service conditions of the judicial officers too – High Court establishment provided by way of the impugned resolutions norms for promotion while taking c…
Supreme Court of India24 Apr 2020Full text
2020 INSC 363 · [2020] 4 S.C.R. 1173
no notice of eviction was given to the tenant and that there could be no presumption of service of notice sent “under certificate of posting” – Appeal to Supreme Court – Held: Mere receipt of notice having been sent “under certificate of posting”, in itself, may not be sufficient proof of service – But, if the same is …
Supreme Court of India24 Apr 2020Full text
2020 INSC 362 · [2020] 5 S.C.R. 813
– Respondent could not be permitted to achieve the goal of execution of sale deed by indirectly claiming for execution of award, when G the direct claim for execution of sale deed of the agreement dated. 01.02.1980 was abandoned by it by withdrawing the suit for specific performance of the agreement – Further, executio…
Supreme Court of India10 Apr 2020Full text
2020 INSC 361 · [2020] 9 S.C.R. 412
412412 ASHISH SETH v. SUMIT MITTAL AND OTHERS 413 their obligations under the MoS – The material on record showed A that the Mittal Group did not fulfill their obligations as per Clause 1.2, Clause 5.3 and Clause 8 – Neither the Mittal Group nor JV Company deposit the balance amount to be paid towards EDC liability of …
Supreme Court of India24 Apr 2020Full text
2020 INSC 360 · [2020] 7 S.C.R. 626
626 M/S. TRIPOWER ENTERPRISES (PRIVATE) LIMITED v. 627 STATE BANK OF INDIA & ORS. outstanding dues and also admitted on affidavit the factum of A existence of subject mortgage in favour of the bank – Now, the guarantor cannot be permitted to resile from the admission of its liability – Notably, the auction sale stands …
Supreme Court of India15 Jan 2020Full text
2020 INSC 36 · [2020] 1 S.C.R. 1175
1175 1176 SUPREME COURT REPORTS [2020] 1 S.C.R. A problem and, therefore, cannot be followed – Consequently, the reference stands answered by stating that the judgment Union of India and Another v. National Federation of the Blind and others (2013) 10 SCC 772 as clarified in National Federation of the Blind v. Sanjay K…
Supreme Court of India24 Apr 2020Full text
2020 INSC 358 · [2020] 6 S.C.R. 198
198 SUPREME COURT[2020]REPORTS6 S.C.R. 198 [2020] 6 S.C.R. A BAJAJ ALLIANZ GENERAL INSURANCE CO LTD & ANR v. THE STATE OF MADHYA PRADESH (Civil Appeal No. 2366-67 of 2020) B APRIL 24, 2020 [DR. DHANANJAYA Y CHANDRACHUD AND AJAY RASTOGI, JJ.] Consumer Protection Act, 1986: Deficiency in service – Insurance policy – Resp…
Supreme Court of India24 Apr 2020Full text
2020 INSC 355 · [2020] 10 S.C.R. 596
and dignity as a result of improper handling of her complaint of sexual harassment – Constitution of India – Arts.13, 14, 21, 309-311 – Doctrine of pleasure; Doctrine of necessity – Principles of natural justice –Central Civil Services (Classification, Control and Appeal) Rules, 1965 – The Sexual Harassment of Women at…
Supreme Court of India24 Apr 2020Full text
2020 INSC 354 · [2020] 4 S.C.R. 719
[2020] 4 S.C.R. 719 719 UNION OF INDIA & ANR. A v. U.A.E. EXCHANGE CENTRE (Civil Appeal No. 9775 of 2011) APRIL 24, 2020 B [A. M. KHANWILKAR AND AJAY RASTOGI, JJ.] Income Tax Act, 1961: ss.2(24), 90 – Double Taxation Avoidance Agreement (DTAA) – Respondent, a company incorporated in the UAE was engaged in offering remi…
Supreme Court of India24 Apr 2020Full text
2020 INSC 353 · [2020] 11 S.C.R. 136
136 SUPREME COURT[2020]REPORTS11 S.C.R. 136 [2020] 11 S.C.R. A YUM! RESTAURANTS (MARKETING) PRIVATE LIMITED v. COMMISSIONER OF INCOME TAX, DELHI (Civil Appeal No. 2847 of 2010) B APRIL 24, 2020 [A. M. KHANWILKAR AND DINESH MAHESHWARI, JJ.] Doctrines / Principles – Doctrine of mutuality – Applicability of, qua assessee-…
Supreme Court of India24 Apr 2020Full text
2020 INSC 352 · [2020] 4 S.C.R. 581
now come on record that in the penalty proceedings, the appellant produced affidavits of 13 unregistered dealers out of whom 12 were examined by the Officer, who recorded their statements and did not find any infirmity including about their credentials – Dealers stood by the assertion made by appellant about the purcha…
Supreme Court of India24 Apr 2020Full text
2020 INSC 350 · [2020] 7 S.C.R. 1
[2020] 7 S.C.R. 1 1 UNION OF INDIA & ORS. A v. EXIDE INDUSTRIES LIMITED & ANR. (Civil Appeal No. 3545 of 2009) B APRIL 24, 2020 [A. M. KHANWILKAR, HEMANT GUPTA AND DINESH MAHESHWARI, JJ.] Income Tax Act, 1961: s. 43B(f) (as inserted by Finance Act, 2001) – Liability under C leave encashment scheme – Subjected to except…
Supreme Court of India13 Jan 2020Full text
2020 INSC 35 · [2020] 1 S.C.R. 976
976 SUPREME COURT[2020]REPORTS1 S.C.R. 976 [2020] 1 S.C.R. A NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS & ORS. v. DR. RAJESH KUMAR & ORS. B (Civil Appeal No. 7968 of 2019) JANUARY 13, 2020 [DEEPAK GUPTA AND ANIRUDDHA BOSE, JJ.] Commissions for Protection of Child Rights Act, 2005 – C Furnishing of information b…
Supreme Court of India24 Apr 2020Full text
2020 INSC 349 · [2020] 6 S.C.R. 666
Dismissing the appeal, the Court D HELD: 1. The High Court felt dissatisfied with the document itself and found no explanation on record about numerous unnatural circumstances dilated upon and discussed by it in some of the passages extracted hereinbefore. Having examined the material placed on record, in view of this …
Supreme Court of India22 Apr 2020Full text
2020 INSC 347 · [2020] 7 S.C.R. 695
H 695 696 SUPREME COURT REPORTS [2020] 7 S.C.R. A Interpretation of Statutes – Fiscal Statutes – Interpretation of – Discussed – Excise Duty – Tax/Taxation. Disposing of the matters, the Court Held : 1.1 The doctrine of promissory estoppel cannot be invoked in the abstract and the courts are bound to consider all B asp…
Also on Law on Tips: Bare Acts · Legal news and analysis
2020 INSC 368 · [2020] 6 S.C.R. 521
– That fiction is that the movement of goods, from one State to another shall terminate, where the good were delivered to a carrier for transmission, at the time of when delivery is taken from such carrier – No concept of constructive delivery either express or implied in the said provision – Movement of the goods, for…
Supreme Court of India27 Apr 2020Full text
2020 INSC 367 · [2020] 9 S.C.R. 109
COMMISSIONER OF CUSTOMS (PORT) KOLKATA v. 111 M/S STEEL AUTHORITY OF INDIA LTD. TISCO v. Commissioner of Central Excise Customs A (2000) 3 SCC 472 : [2000] 1 SCR 876; Mukund Limited v. Commissioner of Customs 2000 (120) ELT 30 – referred to. CC (Prev.), Ahmedabad v. Essar Gujarat (1997) 9 SCC 738 : [1996] 8 Suppl. SCR …
Supreme Court of India27 Apr 2020Full text
2020 INSC 366 · [2020] 9 S.C.R. 330
330 SUPREME COURT[2020]REPORTS9 S.C.R. 330 [2020] 9 S.C.R. A STATE OF GUJARAT v. MANSUKHBHAI KANJIBHAI SHAH (Criminal Appeal No. 989 of 2018) B APRIL 27, 2020 [N. V. RAMANA, MOHAN M. SHANTANAGOUDAR AND AJAY RASTOGI, JJ.] Prevention of Corruption Act, 1988: s.2(c)(xi) – Deemed University – Whether Deemed University is n…
Supreme Court of India24 Apr 2020Full text
2020 INSC 365 · [2020] 5 S.C.R. 625
01.06.2016, by filing writ petition(s) on 12.10.2017 for the stated reliefs – NJD vacancies reported after 01.6.16 must be filled up from amongst the empanelled candidates in the fresh Ranked List, RL-II published on 26.05.2015 or RL-III published on 14.03.2019, as the case may be – Judgment of Full Bench upheld – Kera…
Supreme Court of India24 Apr 2020Full text
2020 INSC 364 · [2020] 9 S.C.R. 361
IAS is not an anathema to these rules and, on the contrary, wherever necessary, the applicable rules, orders or directions concerning the members of IAS do govern the service conditions of the judicial officers too – High Court establishment provided by way of the impugned resolutions norms for promotion while taking c…
Supreme Court of India24 Apr 2020Full text
2020 INSC 363 · [2020] 4 S.C.R. 1173
no notice of eviction was given to the tenant and that there could be no presumption of service of notice sent “under certificate of posting” – Appeal to Supreme Court – Held: Mere receipt of notice having been sent “under certificate of posting”, in itself, may not be sufficient proof of service – But, if the same is …
Supreme Court of India24 Apr 2020Full text
2020 INSC 362 · [2020] 5 S.C.R. 813
– Respondent could not be permitted to achieve the goal of execution of sale deed by indirectly claiming for execution of award, when G the direct claim for execution of sale deed of the agreement dated. 01.02.1980 was abandoned by it by withdrawing the suit for specific performance of the agreement – Further, executio…
Supreme Court of India10 Apr 2020Full text
2020 INSC 361 · [2020] 9 S.C.R. 412
412412 ASHISH SETH v. SUMIT MITTAL AND OTHERS 413 their obligations under the MoS – The material on record showed A that the Mittal Group did not fulfill their obligations as per Clause 1.2, Clause 5.3 and Clause 8 – Neither the Mittal Group nor JV Company deposit the balance amount to be paid towards EDC liability of …
Supreme Court of India24 Apr 2020Full text
2020 INSC 360 · [2020] 7 S.C.R. 626
626 M/S. TRIPOWER ENTERPRISES (PRIVATE) LIMITED v. 627 STATE BANK OF INDIA & ORS. outstanding dues and also admitted on affidavit the factum of A existence of subject mortgage in favour of the bank – Now, the guarantor cannot be permitted to resile from the admission of its liability – Notably, the auction sale stands …
Supreme Court of India15 Jan 2020Full text
2020 INSC 36 · [2020] 1 S.C.R. 1175
1175 1176 SUPREME COURT REPORTS [2020] 1 S.C.R. A problem and, therefore, cannot be followed – Consequently, the reference stands answered by stating that the judgment Union of India and Another v. National Federation of the Blind and others (2013) 10 SCC 772 as clarified in National Federation of the Blind v. Sanjay K…
Supreme Court of India24 Apr 2020Full text
2020 INSC 358 · [2020] 6 S.C.R. 198
198 SUPREME COURT[2020]REPORTS6 S.C.R. 198 [2020] 6 S.C.R. A BAJAJ ALLIANZ GENERAL INSURANCE CO LTD & ANR v. THE STATE OF MADHYA PRADESH (Civil Appeal No. 2366-67 of 2020) B APRIL 24, 2020 [DR. DHANANJAYA Y CHANDRACHUD AND AJAY RASTOGI, JJ.] Consumer Protection Act, 1986: Deficiency in service – Insurance policy – Resp…
Supreme Court of India24 Apr 2020Full text
2020 INSC 355 · [2020] 10 S.C.R. 596
and dignity as a result of improper handling of her complaint of sexual harassment – Constitution of India – Arts.13, 14, 21, 309-311 – Doctrine of pleasure; Doctrine of necessity – Principles of natural justice –Central Civil Services (Classification, Control and Appeal) Rules, 1965 – The Sexual Harassment of Women at…
Supreme Court of India24 Apr 2020Full text
2020 INSC 354 · [2020] 4 S.C.R. 719
[2020] 4 S.C.R. 719 719 UNION OF INDIA & ANR. A v. U.A.E. EXCHANGE CENTRE (Civil Appeal No. 9775 of 2011) APRIL 24, 2020 B [A. M. KHANWILKAR AND AJAY RASTOGI, JJ.] Income Tax Act, 1961: ss.2(24), 90 – Double Taxation Avoidance Agreement (DTAA) – Respondent, a company incorporated in the UAE was engaged in offering remi…
Supreme Court of India24 Apr 2020Full text
2020 INSC 353 · [2020] 11 S.C.R. 136
136 SUPREME COURT[2020]REPORTS11 S.C.R. 136 [2020] 11 S.C.R. A YUM! RESTAURANTS (MARKETING) PRIVATE LIMITED v. COMMISSIONER OF INCOME TAX, DELHI (Civil Appeal No. 2847 of 2010) B APRIL 24, 2020 [A. M. KHANWILKAR AND DINESH MAHESHWARI, JJ.] Doctrines / Principles – Doctrine of mutuality – Applicability of, qua assessee-…
Supreme Court of India24 Apr 2020Full text
2020 INSC 352 · [2020] 4 S.C.R. 581
now come on record that in the penalty proceedings, the appellant produced affidavits of 13 unregistered dealers out of whom 12 were examined by the Officer, who recorded their statements and did not find any infirmity including about their credentials – Dealers stood by the assertion made by appellant about the purcha…
Supreme Court of India24 Apr 2020Full text
2020 INSC 350 · [2020] 7 S.C.R. 1
[2020] 7 S.C.R. 1 1 UNION OF INDIA & ORS. A v. EXIDE INDUSTRIES LIMITED & ANR. (Civil Appeal No. 3545 of 2009) B APRIL 24, 2020 [A. M. KHANWILKAR, HEMANT GUPTA AND DINESH MAHESHWARI, JJ.] Income Tax Act, 1961: s. 43B(f) (as inserted by Finance Act, 2001) – Liability under C leave encashment scheme – Subjected to except…
Supreme Court of India13 Jan 2020Full text
2020 INSC 35 · [2020] 1 S.C.R. 976
976 SUPREME COURT[2020]REPORTS1 S.C.R. 976 [2020] 1 S.C.R. A NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS & ORS. v. DR. RAJESH KUMAR & ORS. B (Civil Appeal No. 7968 of 2019) JANUARY 13, 2020 [DEEPAK GUPTA AND ANIRUDDHA BOSE, JJ.] Commissions for Protection of Child Rights Act, 2005 – C Furnishing of information b…
Supreme Court of India24 Apr 2020Full text
2020 INSC 349 · [2020] 6 S.C.R. 666
Dismissing the appeal, the Court D HELD: 1. The High Court felt dissatisfied with the document itself and found no explanation on record about numerous unnatural circumstances dilated upon and discussed by it in some of the passages extracted hereinbefore. Having examined the material placed on record, in view of this …
Supreme Court of India22 Apr 2020Full text
2020 INSC 347 · [2020] 7 S.C.R. 695
H 695 696 SUPREME COURT REPORTS [2020] 7 S.C.R. A Interpretation of Statutes – Fiscal Statutes – Interpretation of – Discussed – Excise Duty – Tax/Taxation. Disposing of the matters, the Court Held : 1.1 The doctrine of promissory estoppel cannot be invoked in the abstract and the courts are bound to consider all B asp…
Also on Law on Tips: Bare Acts · Legal news and analysis