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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.
4,981–5,000 · Page 250 of 500
Supreme Court of India19 Feb 2020Full text
2020 INSC 211 · [2020] 1 S.C.R. 682
3. It could never have been the legislative intent that a marriage validly contracted after the divorce and after expiry of the period of limitation to file an appeal from the decree of divorce should be rendered void on the filing of a belated appeal. If the Gmarriage of the Appellant’s ex-husband in 2006 was a valid …
Supreme Court of India19 Feb 2020Full text
2020 INSC 210 · [2020] 3 S.C.R. 944
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.
4,981–5,000 · Page 250 of 500
Supreme Court of India19 Feb 2020Full text
2020 INSC 211 · [2020] 1 S.C.R. 682
3. It could never have been the legislative intent that a marriage validly contracted after the divorce and after expiry of the period of limitation to file an appeal from the decree of divorce should be rendered void on the filing of a belated appeal. If the Gmarriage of the Appellant’s ex-husband in 2006 was a valid …
Supreme Court of India19 Feb 2020Full text
2020 INSC 210 · [2020] 3 S.C.R. 944
– Once it is conceded that the value of the land [per explanation to s.7 (iv-A)] is to be determined according to either sub clauses (v), (va) or (vb), this meant that the concept of “market value” - a wider concept in other contexts, was deemed to be referrable to one or other modes of determining the value under sub …
Supreme Court of India8 Jan 2020Full text
2020 INSC 21 · [2020] 1 S.C.R. 395
and sought quashing of part of the order which imposed a condition to deposit 25% of the amount of compensation – The High Court dismissed the petition filed u/s. 482 Cr.P.C. – The Supreme Court also dismissed the criminal appeals – The Appellate Court vide order dated 20.07.2019 held that appellant having not complied…
Supreme Court of India19 Feb 2020Full text
2020 INSC 208 · [2020] 1 S.C.R. 721
C Civil Appeal Nos. 4702 of 2014 and 1727 of 2020. Pritesh Kapur, Ms. Aishwarya Bhati, Sr. Advs., Senthil Jagadeesan, Ms. Sonakshi Malhan, Ms. Suriti Chowdhary, Ms. Mrinal Kanwar, Satyalipsu Ray, Vikas Bansal, Mrs. Anil Katiyar, Advs. for the appearing parties. D The following Order of the Court was passed: O R D E R C…
Supreme Court of India19 Feb 2020Full text
2020 INSC 207 · [2020] 3 S.C.R. 913
914 SUPREME COURT REPORTS [2020] 3 S.C.R. A excluded so far as determination of ceiling of a person or family unit is concerned – If it were to be held that the Collector could go into a trial as to genuineness of a particular partition deed, even though it is before the cut-off date, it would extend the legal fiction …
Supreme Court of India18 Feb 2020Full text
2020 INSC 205 · [2020] 2 S.C.R. 929
[2020] 2 S.C.R. 929 929 ASSISTANT ENGINEER (D1), AJMER VIDYUT VITRAN A NIGAM LIMITED & ANR. v. RAHAMATULLAH KHAN ALIAS RAHAMJULLA (Civil Appeal No. 1672 of 2020) B FEBRUARY 18, 2020 [UDAY UMESH LALIT AND INDU MALHOTRA, JJ.] Electricity Act, 2003: s. 56(2) – Disconnection of supply in default of payment – Term ‘first du…
Supreme Court of India18 Feb 2020Full text
2020 INSC 204 · [2020] 2 S.C.R. 907
pension does not cover a situation where judicial or departmental proceedings are pending – The Circulars and the Government Resolution being administrative/executive orders (not issued in exercise of the power u/Art. 309 of Constitution) have no force of law – Right to receive pension and gratuity are right to propert…
Supreme Court of India18 Feb 2020Full text
2020 INSC 202 · [2020] 4 S.C.R. 794
Allowed by the High Court – On appeal, held: As regards the Ph.D. qualifications, there is no inclination to read down the rules to omit the ‘in Engineering’ part and only selectively insist upon a ‘Ph.D’ – Hence, the only permissible way to read the AICTE criteria would be to lay emphasis on the phrase “or” and thus, …
Supreme Court of India18 Feb 2020Full text
2020 INSC 201 · [2020] 1 S.C.R. 652
G Allowing the appeals, the Court HELD: 1.1 Sub-clause (ii) of Section 3(5)(a) of the Bombay Entertainments Duty Act, 1923 contemplates that duty @50% under clause (b) of sub-section (1) or, as the case may be, sub-H 652 THE STATE OF MAHARASHTRA & ORS. v. PAN INDIA 653 PARYATAN LIMITED & ANR. section (2) of Section 3 w…
Supreme Court of India8 Jan 2020Full text
2020 INSC 20 · [2020] 4 S.C.R. 471
the respondent stands dismissed. Allowing the appeal, the Court HELD: 1. Under the scheme which was propagated by the appellant, the “free gifts” were contingent on the subscriber H 471 472 SUPREME COURT REPORTS [2020] 4 S.C.R. A making referrals. Though the counsel appearing on behalf of the respondent submitted that …
Supreme Court of India6 Jan 2020Full text
2020 INSC 2 · [2020] 1 S.C.R. 329
fault can be found in the decision of respondent refusing to grant the benefit of condonation by adding the earlier period of service – Appellant’s period of service after fresh appointment being less than qualifying service of 10 years, he was not entitled to pension – Punjab Civil Services Rules, Volume II – r. 4.23.…
Supreme Court of India17 Feb 2020Full text
2020 INSC 199 · [2020] 8 S.C.R. 108
108 ADANI GAS LTD. v. PETROLEUM AND NATURAL GAS 109 REGULATORY BOARD 7 regarding ceiling or providing for a linkage with the census date A of 2011 – A conditionality which was not incorporated in Regulation 7 could not have been introduced by Board Note dated 23 July, 2018 – Hence the Board Note cannot be construed to …
Supreme Court of India17 Feb 2020Full text
2020 INSC 198 · [2020] 3 S.C.R. 833
H 833 834 SUPREME COURT REPORTS [2020] 3 S.C.R. A Art. 33 – Scope of – Held: Limitation or abrogation of fundamental rights in their application to members of Armed Forces u/Art. 33, must be by law enacted to ensure proper discharge of duties and maintenance of discipline. Disposing of the appeals, the Court B HELD: 1.…
Supreme Court of India14 Feb 2020Full text
2020 INSC 197 · [2020] 2 S.C.R. 880
Maharashtra Village Panchayats Act, 1959: s.14B – Plea of appellant was that there was delay of 15 days in submitting the election expenses and, therefore, disqualification for a period of H 880 LAXMIBAI v. THE COLLECTOR, NANDED & ORS. 881 five years was disproportionate to the default committed by her – A Held: s.14B …
Supreme Court of India14 Feb 2020Full text
2020 INSC 196 · [2020] 1 S.C.R. 644
644 M/S. Z. ENGINEERS CONSTRUCTION PVT. LTD. & ANR.v. 645 BIPIN BIHARI BEHERA & ORS. of being insufficiently stamped – Indian Stamp Orissa Amendment A Act, 2003. Disposing of the appeal and remitting the matter to trial court, the Court HELD: The trial court as well as the High Court returned Bthe findings on the bare …
Supreme Court of India14 Feb 2020Full text
2020 INSC 195 · [2020] 2 S.C.R. 811
811 812 SUPREME COURT REPORTS [2020] 2 S.C.R. A acquittal is set aside – Respondents are guilty for the offence under s.138 of the Act. Negotiable Instruments Act, 1881 – s.139 – Presumption under – s.139 of the Act is an example of reverse onus clause and, therefore, once the issuance of the cheque is admitted and eve…
Supreme Court of India14 Feb 2020Full text
2020 INSC 194 · [2020] 3 S.C.R. 798
2. Even on equity the respondents are not entitled to any relief. After lease deed was executed though respondent Nos. 1 and 2 placed on record some settlement deeds with tenants executed in 1998, except one bald statement, that last of the H 798 M/S DHARMARATNAKARA RAI BAHADUR ARCOT NARAINSWAMY 799 MUDALIAR CHATTRAM v…
Supreme Court of India14 Feb 2020Full text
2020 INSC 192 · [2020] 2 S.C.R. 798
798 SANTOSH PRASAD @ SANTOSH KUMAR v. 799 THE STATE OF BIHAR prosecutrix had admitted that she had an enmity with the accused. A PW7 – Medical Officer in her deposition specifically opined that she did not find any violence marks on the body of the victim. She also categorically stated that there was no physical or pat…
Supreme Court of India14 Feb 2020Full text
2020 INSC 191 · [2020] 4 S.C.R. 664
aggrieved by inaction of concerned authorities to act on his representations, filed writ petition which were disposed of by directing the appellant to make representation to the concerned authorities and directing authorities to decide his representation – On 18.12.2012, his services were terminated on the ground that …
Supreme Court of India14 Feb 2020Full text
2020 INSC 190 · [2020] 2 S.C.R. 843
2.1 In the instant case, the second surveyor clearly stated that the Hexane had leaked from the tanks in which it was stored. However, it is not clear from the material on record whether or H M/S BASPA ORGANICS LIMITED v. UNITED INDIA 845 INSURANCE COMPANY LTD. not the term “tank” was assigned the same meaning as under…
Also on Law on Tips: Bare Acts · Legal news and analysis
– Once it is conceded that the value of the land [per explanation to s.7 (iv-A)] is to be determined according to either sub clauses (v), (va) or (vb), this meant that the concept of “market value” - a wider concept in other contexts, was deemed to be referrable to one or other modes of determining the value under sub …
Supreme Court of India8 Jan 2020Full text
2020 INSC 21 · [2020] 1 S.C.R. 395
and sought quashing of part of the order which imposed a condition to deposit 25% of the amount of compensation – The High Court dismissed the petition filed u/s. 482 Cr.P.C. – The Supreme Court also dismissed the criminal appeals – The Appellate Court vide order dated 20.07.2019 held that appellant having not complied…
Supreme Court of India19 Feb 2020Full text
2020 INSC 208 · [2020] 1 S.C.R. 721
C Civil Appeal Nos. 4702 of 2014 and 1727 of 2020. Pritesh Kapur, Ms. Aishwarya Bhati, Sr. Advs., Senthil Jagadeesan, Ms. Sonakshi Malhan, Ms. Suriti Chowdhary, Ms. Mrinal Kanwar, Satyalipsu Ray, Vikas Bansal, Mrs. Anil Katiyar, Advs. for the appearing parties. D The following Order of the Court was passed: O R D E R C…
Supreme Court of India19 Feb 2020Full text
2020 INSC 207 · [2020] 3 S.C.R. 913
914 SUPREME COURT REPORTS [2020] 3 S.C.R. A excluded so far as determination of ceiling of a person or family unit is concerned – If it were to be held that the Collector could go into a trial as to genuineness of a particular partition deed, even though it is before the cut-off date, it would extend the legal fiction …
Supreme Court of India18 Feb 2020Full text
2020 INSC 205 · [2020] 2 S.C.R. 929
[2020] 2 S.C.R. 929 929 ASSISTANT ENGINEER (D1), AJMER VIDYUT VITRAN A NIGAM LIMITED & ANR. v. RAHAMATULLAH KHAN ALIAS RAHAMJULLA (Civil Appeal No. 1672 of 2020) B FEBRUARY 18, 2020 [UDAY UMESH LALIT AND INDU MALHOTRA, JJ.] Electricity Act, 2003: s. 56(2) – Disconnection of supply in default of payment – Term ‘first du…
Supreme Court of India18 Feb 2020Full text
2020 INSC 204 · [2020] 2 S.C.R. 907
pension does not cover a situation where judicial or departmental proceedings are pending – The Circulars and the Government Resolution being administrative/executive orders (not issued in exercise of the power u/Art. 309 of Constitution) have no force of law – Right to receive pension and gratuity are right to propert…
Supreme Court of India18 Feb 2020Full text
2020 INSC 202 · [2020] 4 S.C.R. 794
Allowed by the High Court – On appeal, held: As regards the Ph.D. qualifications, there is no inclination to read down the rules to omit the ‘in Engineering’ part and only selectively insist upon a ‘Ph.D’ – Hence, the only permissible way to read the AICTE criteria would be to lay emphasis on the phrase “or” and thus, …
Supreme Court of India18 Feb 2020Full text
2020 INSC 201 · [2020] 1 S.C.R. 652
G Allowing the appeals, the Court HELD: 1.1 Sub-clause (ii) of Section 3(5)(a) of the Bombay Entertainments Duty Act, 1923 contemplates that duty @50% under clause (b) of sub-section (1) or, as the case may be, sub-H 652 THE STATE OF MAHARASHTRA & ORS. v. PAN INDIA 653 PARYATAN LIMITED & ANR. section (2) of Section 3 w…
Supreme Court of India8 Jan 2020Full text
2020 INSC 20 · [2020] 4 S.C.R. 471
the respondent stands dismissed. Allowing the appeal, the Court HELD: 1. Under the scheme which was propagated by the appellant, the “free gifts” were contingent on the subscriber H 471 472 SUPREME COURT REPORTS [2020] 4 S.C.R. A making referrals. Though the counsel appearing on behalf of the respondent submitted that …
Supreme Court of India6 Jan 2020Full text
2020 INSC 2 · [2020] 1 S.C.R. 329
fault can be found in the decision of respondent refusing to grant the benefit of condonation by adding the earlier period of service – Appellant’s period of service after fresh appointment being less than qualifying service of 10 years, he was not entitled to pension – Punjab Civil Services Rules, Volume II – r. 4.23.…
Supreme Court of India17 Feb 2020Full text
2020 INSC 199 · [2020] 8 S.C.R. 108
108 ADANI GAS LTD. v. PETROLEUM AND NATURAL GAS 109 REGULATORY BOARD 7 regarding ceiling or providing for a linkage with the census date A of 2011 – A conditionality which was not incorporated in Regulation 7 could not have been introduced by Board Note dated 23 July, 2018 – Hence the Board Note cannot be construed to …
Supreme Court of India17 Feb 2020Full text
2020 INSC 198 · [2020] 3 S.C.R. 833
H 833 834 SUPREME COURT REPORTS [2020] 3 S.C.R. A Art. 33 – Scope of – Held: Limitation or abrogation of fundamental rights in their application to members of Armed Forces u/Art. 33, must be by law enacted to ensure proper discharge of duties and maintenance of discipline. Disposing of the appeals, the Court B HELD: 1.…
Supreme Court of India14 Feb 2020Full text
2020 INSC 197 · [2020] 2 S.C.R. 880
Maharashtra Village Panchayats Act, 1959: s.14B – Plea of appellant was that there was delay of 15 days in submitting the election expenses and, therefore, disqualification for a period of H 880 LAXMIBAI v. THE COLLECTOR, NANDED & ORS. 881 five years was disproportionate to the default committed by her – A Held: s.14B …
Supreme Court of India14 Feb 2020Full text
2020 INSC 196 · [2020] 1 S.C.R. 644
644 M/S. Z. ENGINEERS CONSTRUCTION PVT. LTD. & ANR.v. 645 BIPIN BIHARI BEHERA & ORS. of being insufficiently stamped – Indian Stamp Orissa Amendment A Act, 2003. Disposing of the appeal and remitting the matter to trial court, the Court HELD: The trial court as well as the High Court returned Bthe findings on the bare …
Supreme Court of India14 Feb 2020Full text
2020 INSC 195 · [2020] 2 S.C.R. 811
811 812 SUPREME COURT REPORTS [2020] 2 S.C.R. A acquittal is set aside – Respondents are guilty for the offence under s.138 of the Act. Negotiable Instruments Act, 1881 – s.139 – Presumption under – s.139 of the Act is an example of reverse onus clause and, therefore, once the issuance of the cheque is admitted and eve…
Supreme Court of India14 Feb 2020Full text
2020 INSC 194 · [2020] 3 S.C.R. 798
2. Even on equity the respondents are not entitled to any relief. After lease deed was executed though respondent Nos. 1 and 2 placed on record some settlement deeds with tenants executed in 1998, except one bald statement, that last of the H 798 M/S DHARMARATNAKARA RAI BAHADUR ARCOT NARAINSWAMY 799 MUDALIAR CHATTRAM v…
Supreme Court of India14 Feb 2020Full text
2020 INSC 192 · [2020] 2 S.C.R. 798
798 SANTOSH PRASAD @ SANTOSH KUMAR v. 799 THE STATE OF BIHAR prosecutrix had admitted that she had an enmity with the accused. A PW7 – Medical Officer in her deposition specifically opined that she did not find any violence marks on the body of the victim. She also categorically stated that there was no physical or pat…
Supreme Court of India14 Feb 2020Full text
2020 INSC 191 · [2020] 4 S.C.R. 664
aggrieved by inaction of concerned authorities to act on his representations, filed writ petition which were disposed of by directing the appellant to make representation to the concerned authorities and directing authorities to decide his representation – On 18.12.2012, his services were terminated on the ground that …
Supreme Court of India14 Feb 2020Full text
2020 INSC 190 · [2020] 2 S.C.R. 843
2.1 In the instant case, the second surveyor clearly stated that the Hexane had leaked from the tanks in which it was stored. However, it is not clear from the material on record whether or H M/S BASPA ORGANICS LIMITED v. UNITED INDIA 845 INSURANCE COMPANY LTD. not the term “tank” was assigned the same meaning as under…
Also on Law on Tips: Bare Acts · Legal news and analysis