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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.
4,921–4,940 · Page 247 of 500
Supreme Court of India5 Mar 2020Full text
2020 INSC 283 · [2020] 4 S.C.R. 78
– The petitioner in its bid for revival envisaged investment of Rs. 504 crores – Petitioner’s bid accepted – SLP disposed of in D above terms keeping the order of winding up suspended – During period under petitioner’s management summons issued u/s. 7A of Employees’ Provident Fund and Miscellaneous Provisions Act, 1952…
Supreme Court of India5 Mar 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.
4,921–4,940 · Page 247 of 500
Supreme Court of India5 Mar 2020Full text
2020 INSC 283 · [2020] 4 S.C.R. 78
– The petitioner in its bid for revival envisaged investment of Rs. 504 crores – Petitioner’s bid accepted – SLP disposed of in D above terms keeping the order of winding up suspended – During period under petitioner’s management summons issued u/s. 7A of Employees’ Provident Fund and Miscellaneous Provisions Act, 1952…
Supreme Court of India5 Mar 2020Full text
2020 INSC 282 · [2020] 4 S.C.R. 692
and the manner of recovery to be considered by appropriate forum – Textile Undertaking (Take-over of Management) Act, 1983 – Recovery of Debts Due To Banks and Financial Institutions Act, 1993. Partly allowing the appeal, the Court C HELD: 1.1 Since the present examination is limited to the aspect relating to forum and…
Supreme Court of India5 Mar 2020Full text
2020 INSC 281 · [2020] 7 S.C.R. 851
852 SUPREME COURT REPORTS [2020] 7 S.C.R. A Service Law – Assured Career Progression (ACP) Scheme and Modified Assured Career Progression (MACP) Scheme – Distinction between – Discussed. Constitution of India – Art.141 – ‘Law’ under – Held: Law declared by the Supreme Court is a principle laid down by the court B and i…
Supreme Court of India10 Jan 2020Full text
2020 INSC 28 · [2020] 1 S.C.R. 1002
H 1002 SANKATH PRASAD v. STATE OF UTTAR PRADESH 1003 Vishnu Shankar Jain, Shreyas Agrawal, Advs. for the Respondent. A The Judgment of the Court was delivered by DR. DHANANJAYA Y CHANDRACHUD, J. 1. Leave granted. 2. This appeal arises from a judgment and order of a Division B Bench of the High Court of Judicature at Al…
Supreme Court of India5 Mar 2020Full text
2020 INSC 279 · [2020] 4 S.C.R. 44
44 SUPREME COURT[2020]REPORTS4 S.C.R. 44 [2020] 4 S.C.R. A COMMISSIONER OF INCOME TAX, UDAIPUR v. M/S. CHETAK ENTERPRISES PVT. LTD. (Civil Appeal No. 1764 of 2010) B MARCH 05, 2020 [A. M. KHANWILKAR AND DINESH MAHESHWARI, JJ.] Income Tax Act, 1961 – 80-IA – Matter relates to Assessment Year 2002-2003 (Financial year be…
Supreme Court of India5 Mar 2020Full text
2020 INSC 278 · [2020] 4 S.C.R. 60
1.2 The High Court opined that the contravention referred to in Section 10(6) by its very nature is a continuing offence. That view is agreed with. The penalty provided for such contravention is on account of civil obligation under the FEMA Act or the rules G or regulations or direction or order made thereunder. If the…
Supreme Court of India5 Mar 2020Full text
2020 INSC 277 · [2020] 4 S.C.R. 676
person must be “satisfied” that, inter alia, any document seized or requisitioned “belongs to” a person other than the searched person – After recording such satisfaction, he may transmit the records/ documents/papers etc. to the Assessing Officer having jurisdiction over such other person – After receipt of the said s…
Supreme Court of India5 Mar 2020Full text
2020 INSC 276 · [2020] 5 S.C.R. 718
718 SUPREME COURT[2020]REPORTS5 S.C.R. 718 [2020] 5 S.C.R. A THE PHARMACY COUNCIL OF INDIA v. DR. S.K. TOSHNIWAL EDUCATIONAL TRUSTS VIDARBHA INSTITUTE OF PHARMACY AND ORS. ETC. (Transferred Case (Civil) Nos. 213-227 of 2020) B MARCH 05, 2020 [ARUN MISHRA, VINEET SARAN AND M. R. SHAH, JJ.] Pharmacy Act, 1948 – All India…
Supreme Court of India5 Mar 2020Full text
2020 INSC 275 · [2020] 4 S.C.R. 1
Sentence/Sentencing: Death sentence – Conviction and death sentence for murder of three minor children – For deciding on the H 1 2 SUPREME COURT REPORTS [2020] 4 S.C.R. A issue of sentence, the aggravating circumstances and mitigating circumstances must be located and the right balance must be adopted – In the instant …
Supreme Court of India4 Mar 2020Full text
2020 INSC 274 · [2020] 5 S.C.R. 429
be in exceptional cases – It is pertinent to note that non-filing of written statement u/or. VIII, r. 1 of the Code is not followed by any consequence within the time so provided in the Code – Whereas, sub-section (2)(b)(ii) of s. 13 of the Consumer Protection Act clearly provides for the consequence of the complaint t…
Supreme Court of India4 Mar 2020Full text
2020 INSC 273 · [2020] 3 S.C.R. 1177
was confirmed by High Court – Appeal to Supreme Court – Held: Norms prevailing on the date of consideration of the application should be the basis for consideration of claim of compassionate appointment – Compassionate appointment is a concession and not a right – Criteria laid down in the Rules must be satisfied – The…
Supreme Court of India4 Mar 2020Full text
2020 INSC 271 · [2020] 5 S.C.R. 307
Interpretation of Statutes: Harmonious construction – Held: In interpreting two provisions of a statute, courts must adopt the F interpretation which does not defeat either provision and advances the remedy envisaged by their enactment – It is settled principle of law that where two provisions of an enactment appear to…
Supreme Court of India10 Jan 2020Full text
2020 INSC 27 · [2020] 1 S.C.R. 90
judgment and award reinstating the respondent without continuity of service’ – On appeal before the Supreme Court, the appellant contended that the High Court was in error in misconstruing the award of the Labour Court as having denied continuity of service – Held: Ex facie, the Labour Court having awarded reinstatemen…
Supreme Court of India4 Mar 2020Full text
2020 INSC 269 · [2020] 5 S.C.R. 465
certified copies are required as per the High Court Rules and there is no question of making applications under the RTI Act – On appeal, held: The Gujarat High Court Rules neither prohibit nor forbid dissemination of information or grant of certified copies of records – R. 151 of the Gujarat High Court Rules stipulatin…
Supreme Court of India4 Mar 2020Full text
2020 INSC 268 · [2020] 4 S.C.R. 526
proceeding sheet of Court for record of rights (correction of records) indicated that on 20.10.1975, one of the plaintiff made a statement that he wished to withdraw his application dated 07.08.1975 regarding a claim that the survey no.11/1 belonged to plaintiffs, it was addressed to Mamlatdar for record of rights and …
Supreme Court of India4 Mar 2020Full text
2020 INSC 267 · [2020] 3 S.C.R. 1196
1196 SUPREME COURT[2020]REPORTS3 S.C.R. 1196 [2020] 3 S.C.R. A PATRAM v. GRAM PANCHAYAT KATWAR & ORS. (Civil Appeal No. 6319 of 2009) B MARCH 04, 2020 [L. NAGESWARA RAO AND DEEPAK GUPTA, JJ.] Punjab Village Common Lands (Regulation) Act, 1961 – ss.2(g)(3) and 2(g)(5)(v) – Whether the word ‘shamilat’ has to be read with…
Supreme Court of India4 Mar 2020Full text
2020 INSC 266 · [2020] 2 S.C.R. 1047
s.3 by an officer specially empowered for that purpose by the Government – Whether the representation can independently be made to and must be considered by the Detaining Authority who is a special empowered officer of the concerned government and whether in certain circumstance the Detaining Authority ought to defer c…
Supreme Court of India4 Mar 2020Full text
2020 INSC 265 · [2020] 5 S.C.R. 398
w.e.f. 30.03.2009 as directed by the High Court – Administrative Committee found that the total cadre strength of the District Judges was 96 whereas 24 posts were to be filled up by direct recruitment but only 18 officers were holding the post of District Judges – Administrative Committee noticed that appointment by tr…
Supreme Court of India4 Mar 2020Full text
2020 INSC 264 · [2020] 2 S.C.R. 297
[2020] 2 S.C.R. 297 297 INTERNET AND MOBILE ASSOCIATION OF INDIA A v. RESERVE BANK OF INDIA (Writ Petition (Civil) No. 528 of 2018) B MARCH 04, 2020 [R. F. NARIMAN, ANIRUDDHA BOSE AND V. RAMASUBRAMANIAN, JJ.] Reserve Bank of India Act, 1934 – ss.17, 20-22, 26, 38, 45JA, 45L, 45U, 45W, 45Z-45ZO – Reserve Bank of India (…
Supreme Court of India4 Mar 2020Full text
2020 INSC 263 · [2020] 3 S.C.R. 1189
H NIRMALA KOTHARI v. UNITED INDIA 1191 INSURANCE CO. LTD. Jasmeet Singh, Ms. Rusheet Saluja, Saif Ali, Satyendra Mani A Tripathi and Pushpendra Singh Bhadoriya, Advs. for the Appellant. Ms. Suman Bagga, Ms. Manjeet Chawla and Karri Venkata Reddy, Advs. for the Respondent. The Judgment of the Court was delivered by B KR…
Also on Law on Tips: Bare Acts · Legal news and analysis
2020 INSC 282 · [2020] 4 S.C.R. 692
and the manner of recovery to be considered by appropriate forum – Textile Undertaking (Take-over of Management) Act, 1983 – Recovery of Debts Due To Banks and Financial Institutions Act, 1993. Partly allowing the appeal, the Court C HELD: 1.1 Since the present examination is limited to the aspect relating to forum and…
Supreme Court of India5 Mar 2020Full text
2020 INSC 281 · [2020] 7 S.C.R. 851
852 SUPREME COURT REPORTS [2020] 7 S.C.R. A Service Law – Assured Career Progression (ACP) Scheme and Modified Assured Career Progression (MACP) Scheme – Distinction between – Discussed. Constitution of India – Art.141 – ‘Law’ under – Held: Law declared by the Supreme Court is a principle laid down by the court B and i…
Supreme Court of India10 Jan 2020Full text
2020 INSC 28 · [2020] 1 S.C.R. 1002
H 1002 SANKATH PRASAD v. STATE OF UTTAR PRADESH 1003 Vishnu Shankar Jain, Shreyas Agrawal, Advs. for the Respondent. A The Judgment of the Court was delivered by DR. DHANANJAYA Y CHANDRACHUD, J. 1. Leave granted. 2. This appeal arises from a judgment and order of a Division B Bench of the High Court of Judicature at Al…
Supreme Court of India5 Mar 2020Full text
2020 INSC 279 · [2020] 4 S.C.R. 44
44 SUPREME COURT[2020]REPORTS4 S.C.R. 44 [2020] 4 S.C.R. A COMMISSIONER OF INCOME TAX, UDAIPUR v. M/S. CHETAK ENTERPRISES PVT. LTD. (Civil Appeal No. 1764 of 2010) B MARCH 05, 2020 [A. M. KHANWILKAR AND DINESH MAHESHWARI, JJ.] Income Tax Act, 1961 – 80-IA – Matter relates to Assessment Year 2002-2003 (Financial year be…
Supreme Court of India5 Mar 2020Full text
2020 INSC 278 · [2020] 4 S.C.R. 60
1.2 The High Court opined that the contravention referred to in Section 10(6) by its very nature is a continuing offence. That view is agreed with. The penalty provided for such contravention is on account of civil obligation under the FEMA Act or the rules G or regulations or direction or order made thereunder. If the…
Supreme Court of India5 Mar 2020Full text
2020 INSC 277 · [2020] 4 S.C.R. 676
person must be “satisfied” that, inter alia, any document seized or requisitioned “belongs to” a person other than the searched person – After recording such satisfaction, he may transmit the records/ documents/papers etc. to the Assessing Officer having jurisdiction over such other person – After receipt of the said s…
Supreme Court of India5 Mar 2020Full text
2020 INSC 276 · [2020] 5 S.C.R. 718
718 SUPREME COURT[2020]REPORTS5 S.C.R. 718 [2020] 5 S.C.R. A THE PHARMACY COUNCIL OF INDIA v. DR. S.K. TOSHNIWAL EDUCATIONAL TRUSTS VIDARBHA INSTITUTE OF PHARMACY AND ORS. ETC. (Transferred Case (Civil) Nos. 213-227 of 2020) B MARCH 05, 2020 [ARUN MISHRA, VINEET SARAN AND M. R. SHAH, JJ.] Pharmacy Act, 1948 – All India…
Supreme Court of India5 Mar 2020Full text
2020 INSC 275 · [2020] 4 S.C.R. 1
Sentence/Sentencing: Death sentence – Conviction and death sentence for murder of three minor children – For deciding on the H 1 2 SUPREME COURT REPORTS [2020] 4 S.C.R. A issue of sentence, the aggravating circumstances and mitigating circumstances must be located and the right balance must be adopted – In the instant …
Supreme Court of India4 Mar 2020Full text
2020 INSC 274 · [2020] 5 S.C.R. 429
be in exceptional cases – It is pertinent to note that non-filing of written statement u/or. VIII, r. 1 of the Code is not followed by any consequence within the time so provided in the Code – Whereas, sub-section (2)(b)(ii) of s. 13 of the Consumer Protection Act clearly provides for the consequence of the complaint t…
Supreme Court of India4 Mar 2020Full text
2020 INSC 273 · [2020] 3 S.C.R. 1177
was confirmed by High Court – Appeal to Supreme Court – Held: Norms prevailing on the date of consideration of the application should be the basis for consideration of claim of compassionate appointment – Compassionate appointment is a concession and not a right – Criteria laid down in the Rules must be satisfied – The…
Supreme Court of India4 Mar 2020Full text
2020 INSC 271 · [2020] 5 S.C.R. 307
Interpretation of Statutes: Harmonious construction – Held: In interpreting two provisions of a statute, courts must adopt the F interpretation which does not defeat either provision and advances the remedy envisaged by their enactment – It is settled principle of law that where two provisions of an enactment appear to…
Supreme Court of India10 Jan 2020Full text
2020 INSC 27 · [2020] 1 S.C.R. 90
judgment and award reinstating the respondent without continuity of service’ – On appeal before the Supreme Court, the appellant contended that the High Court was in error in misconstruing the award of the Labour Court as having denied continuity of service – Held: Ex facie, the Labour Court having awarded reinstatemen…
Supreme Court of India4 Mar 2020Full text
2020 INSC 269 · [2020] 5 S.C.R. 465
certified copies are required as per the High Court Rules and there is no question of making applications under the RTI Act – On appeal, held: The Gujarat High Court Rules neither prohibit nor forbid dissemination of information or grant of certified copies of records – R. 151 of the Gujarat High Court Rules stipulatin…
Supreme Court of India4 Mar 2020Full text
2020 INSC 268 · [2020] 4 S.C.R. 526
proceeding sheet of Court for record of rights (correction of records) indicated that on 20.10.1975, one of the plaintiff made a statement that he wished to withdraw his application dated 07.08.1975 regarding a claim that the survey no.11/1 belonged to plaintiffs, it was addressed to Mamlatdar for record of rights and …
Supreme Court of India4 Mar 2020Full text
2020 INSC 267 · [2020] 3 S.C.R. 1196
1196 SUPREME COURT[2020]REPORTS3 S.C.R. 1196 [2020] 3 S.C.R. A PATRAM v. GRAM PANCHAYAT KATWAR & ORS. (Civil Appeal No. 6319 of 2009) B MARCH 04, 2020 [L. NAGESWARA RAO AND DEEPAK GUPTA, JJ.] Punjab Village Common Lands (Regulation) Act, 1961 – ss.2(g)(3) and 2(g)(5)(v) – Whether the word ‘shamilat’ has to be read with…
Supreme Court of India4 Mar 2020Full text
2020 INSC 266 · [2020] 2 S.C.R. 1047
s.3 by an officer specially empowered for that purpose by the Government – Whether the representation can independently be made to and must be considered by the Detaining Authority who is a special empowered officer of the concerned government and whether in certain circumstance the Detaining Authority ought to defer c…
Supreme Court of India4 Mar 2020Full text
2020 INSC 265 · [2020] 5 S.C.R. 398
w.e.f. 30.03.2009 as directed by the High Court – Administrative Committee found that the total cadre strength of the District Judges was 96 whereas 24 posts were to be filled up by direct recruitment but only 18 officers were holding the post of District Judges – Administrative Committee noticed that appointment by tr…
Supreme Court of India4 Mar 2020Full text
2020 INSC 264 · [2020] 2 S.C.R. 297
[2020] 2 S.C.R. 297 297 INTERNET AND MOBILE ASSOCIATION OF INDIA A v. RESERVE BANK OF INDIA (Writ Petition (Civil) No. 528 of 2018) B MARCH 04, 2020 [R. F. NARIMAN, ANIRUDDHA BOSE AND V. RAMASUBRAMANIAN, JJ.] Reserve Bank of India Act, 1934 – ss.17, 20-22, 26, 38, 45JA, 45L, 45U, 45W, 45Z-45ZO – Reserve Bank of India (…
Supreme Court of India4 Mar 2020Full text
2020 INSC 263 · [2020] 3 S.C.R. 1189
H NIRMALA KOTHARI v. UNITED INDIA 1191 INSURANCE CO. LTD. Jasmeet Singh, Ms. Rusheet Saluja, Saif Ali, Satyendra Mani A Tripathi and Pushpendra Singh Bhadoriya, Advs. for the Appellant. Ms. Suman Bagga, Ms. Manjeet Chawla and Karri Venkata Reddy, Advs. for the Respondent. The Judgment of the Court was delivered by B KR…
Also on Law on Tips: Bare Acts · Legal news and analysis