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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.
5,101–5,120 · Page 256 of 500
Supreme Court of India3 Sep 2019Full text
2019 INSC 989 · [2019] 11 S.C.R. 1108
ated 7.10.1979 and 4.4.1980 arose on 8.2.1983, which is when the final bill handed over to the respondent became due. Mere correspondence of the appellant by way of writing letters/ D r…
Supreme Court of India2 Sep 2019Full text
2019 INSC 988 · [2019] 11 S.C.R. 1023
Dismissing the appeal, the Court E HELD: 1. Para 5(a) of the Army Instructions/Circular dated December 28, 1988 deals with an enquiry which is not a court of inquiry into the allegations against an army personnel. Such enquiry is not like departmental enquiry but semblance of the fair decision-making process keeping in…
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.
5,101–5,120 · Page 256 of 500
Supreme Court of India3 Sep 2019Full text
2019 INSC 989 · [2019] 11 S.C.R. 1108
ated 7.10.1979 and 4.4.1980 arose on 8.2.1983, which is when the final bill handed over to the respondent became due. Mere correspondence of the appellant by way of writing letters/ D r…
Supreme Court of India2 Sep 2019Full text
2019 INSC 988 · [2019] 11 S.C.R. 1023
Dismissing the appeal, the Court E HELD: 1. Para 5(a) of the Army Instructions/Circular dated December 28, 1988 deals with an enquiry which is not a court of inquiry into the allegations against an army personnel. Such enquiry is not like departmental enquiry but semblance of the fair decision-making process keeping in…
Supreme Court of India2 Sep 2019Full text
2019 INSC 987 · [2019] 11 S.C.R. 1066
entitled to arrears of pension for a period of three years prior to filing of writ petition - Army Rules, 1954 - r.13(3)(III)(iii) - Army Order 46 of 1980. Allowing the appeals, the Court F HELD: The order of discharge is on the ground that the appellant has been placed in Low Medical Category. The discharge of the app…
Supreme Court of India2 Sep 2019Full text
2019 INSC 985 · [2019] 11 S.C.R. 1030
- Issuance of direction to Directorate of Technical Education and CET-Cell to conduct the admissions process in accordance with the ranking of the students as per the Merit List, by treating JBIMS as an Autonomous Department of the University - Maharashtra B Public Universities Act, 2016 - s. 122. Disposing of the appe…
Supreme Court of India2 Sep 2019Full text
2019 INSC 984 · [2019] 12 S.C.R. 75
– Held: Limitation Act is applicable to the applications filed u/s.7 – Petition u/s. 7 filed after 3 years from the date of default, would be barred u/Art. 137 of the Limitation Act – The limitation would not D be saved by virtue of s.23 of the Limitation Act – Appeal allowed – Insolvency and Bankruptcy Code, 2016 – s.…
Supreme Court of India2 Sep 2019Full text
2019 INSC 983 · [2019] 11 S.C.R. 1075
1075 1076 SUPREME COURT REPORTS [2019] 11 S.C.R. A counted towards the qualifying service even if such service is not preceded by temporary or regular appointment in a pensionable establishment - The provision contained in Regulation 370 and the instructions contained in Para 669 of the Financial Handbook is struck dow…
Supreme Court of India2 Sep 2019Full text
2019 INSC 982 · [2019] 11 S.C.R. 1053
[2019] 11 S.C.R. 1053 1053 M.C. MEHTA A v. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 13029 of 1985) SEPTEMBER 02, 2019 B [ARUN MISHRA AND DEEPAK GUPTA, JJ.] Urban Development: Town planning - Problem of parking of motor vehicles - Held: Parking problem has arisen as there is an abject failure on the C part of th…
Supreme Court of India30 Aug 2019Full text
2019 INSC 980 · [2019] 11 S.C.R. 1006
S. Wasim A.Qadri, Sr. Adv., Zaid Ali Subzposh, Tamim Qadri, Saeed Qadri, Lakshmi Raman Singh, Advs. for the Appellant. H 1008 SUPREME COURT REPORTS [2019] 11 S.C.R. A Raj Kishore Choudhary, M. Z. Chaudhary, Aftab Ali Khan, Shakeel Ahmed, Nakul Chaudhary, Arvind Kumar Kanva, Ali Safeer Farooqi, Syed Imtiyaz Ali, Advs. f…
Supreme Court of India29 Aug 2019Full text
2019 INSC 979 · [2019] 12 S.C.R. 1
Orissa Lift Irrigation Corporation Limited-I’s case – C Enunciation of dictum – Explained and clarified – Held: Approval of the AICTE and UGC mandatory for starting the technical education courses through distance learning mode. University Grants Commission Act, 1956: Purpose of enactment – Stated. D Dismissing the wri…
Supreme Court of India29 Aug 2019Full text
2019 INSC 978 · [2019] 11 S.C.R. 829
Allowing the appeal, the Court HELD: 1. Though it is contended by the private respondent C that it was a mistake in indicating “No” against the Column 3.1 – ‘Person with Disability’, what is necessary to be taken note is that against Column 2.4 – ‘Category’, it has been stated as “General”. That apart the examination f…
Supreme Court of India29 Aug 2019Full text
2019 INSC 977 · [2019] 12 S.C.R. 70
– Held: This procedure is not fair to the parties – The parties must C know what are the substantial questions of law which the Court is required to answer in a particular case – It is only then that the parties and their counsel can properly assist the Court – As per s.100, an appeal can only lie if there is a substan…
Supreme Court of India29 Aug 2019Full text
2019 INSC 976 · [2019] 11 S.C.R. 913
913 914 SUPREME COURT REPORTS [2019] 11 S.C.R. A ancestral property – Therefore, view of SDO regarding exclusion of land of two elder daughters for determining surplus land was correct and is restored – (Per K.M. Joseph, J.): Collector, when in the course of inquiry under s.18 of the Act, has before it, materials to sh…
Supreme Court of India28 Aug 2019Full text
2019 INSC 970 · [2019] 11 S.C.R. 792
792 SUPREME COURT[2019]REPORTS11 S.C.R. 792 [2019] 11 S.C.R. A M/S N RAMACHANDRA REDDY v. THE STATE OF TELANGANA & ORS (Civil Appeal No. 6673 of 2019) B AUGUST 28, 2019 [S. ABDUL NAZEER AND R. SUBHASH REDDY, JJ.] Tender: Tender for construction of road – As per tender condition C ‘Batch Type Hot Mix Plant’ owned by the…
Supreme Court of India28 Jan 2019Full text
2019 INSC 97 · [2019] 1 S.C.R. 540
Dismissing the appeal, the Court HELD: 1.1 It is not the function of this Court to re-assess G evidence and an argument on a point of fact which did not prevail with the Courts below cannot avail the appellants in this Court. [Para 20][545-D] 1.2 The same argument, which was unsuccessfully urged before the High Court, …
Supreme Court of India28 Aug 2019Full text
2019 INSC 969 · [2019] 11 S.C.R. 844
844 STATE OF RAJASTHAN AND ORS. 845 v. LORD NORTHBOOK AND ORS over the possession of the properties to the respondents – Further, A due procedure was followed as per the Escheats Act – State of Rajasthan right in treating the property as ‘bona vacantia’ and initiating proceedings under the Escheats Act – Per Banerjee, …
Supreme Court of India27 Aug 2019Full text
2019 INSC 966 · [2019] 11 S.C.R. 752
754 SUPREME COURT REPORTS [2019] 11 S.C.R. A recruited direct to the same rank shall have their seniority from the date of appointment. Therefore, a person appointed by way of direct recruitment or promotion to the post of Sub Inspector, his seniority will be fixed as per the date of appointment. Only in the case that …
Supreme Court of India27 Aug 2019Full text
2019 INSC 965 · [2019] 11 S.C.R. 270
B Usmani, Advs. for the Appellant. Ms. Pragati Neekhra, AAG, Ms. Kaveri Vats, Rahul Kaushik, Advs. for the Respondent. The Judgment of the Court was delivered by C R. BANUMATHI, J. Leave granted. 2. This appeal arises out of the judgment dated 02.02.2018 in Criminal Appeal No.799 of 2006 passed by the High Court of Mad…
Supreme Court of India27 Aug 2019Full text
2019 INSC 964 · [2019] 11 S.C.R. 809
809 810 SUPREME COURT REPORTS [2019] 11 S.C.R. A otherwise frivolous, vexatious or harassive – Also it cannot be said that absolute penury led the appellant to commit the offence u/s. 379 – Any sympathy for the appellant would be completely misplaced – Thus, the order of the High Court is upheld – Central Civil Service…
Supreme Court of India27 Aug 2019Full text
2019 INSC 963 · [2019] 12 S.C.R. 226
Collector who may enquire into the matter and dispose it of – The appeal against the order of the Divisional Irrigation Officer lies to the Superintending Irrigation Officer – s.53 (2) is absolutely clear that the order passed by the Authorities under the Act would be final for any crop sown or growing when such order …
Supreme Court of India27 Aug 2019Full text
2019 INSC 962 · [2019] 11 S.C.R. 780
780 SUPREME COURT[2019]REPORTS11 S.C.R. 780 [2019] 11 S.C.R. A CHANDRAKANT BABAN MOTKARI & ORS. v. GOTIRAM LAXMAN MOTKARI (D) BY LRS. & ORS. (Civil Appeal No. 2390 of 2011) B AUGUST 27, 2019 [SANJAY KISHAN KAUL AND K. M. JOSEPH, JJ.] Bombay Tenancy and Agricultural Lands Act, 1948: ss. 32 and 85 – Rights of the tillers…
Also on Law on Tips: Bare Acts · Legal news and analysis
Supreme Court of India2 Sep 2019Full text
2019 INSC 987 · [2019] 11 S.C.R. 1066
entitled to arrears of pension for a period of three years prior to filing of writ petition - Army Rules, 1954 - r.13(3)(III)(iii) - Army Order 46 of 1980. Allowing the appeals, the Court F HELD: The order of discharge is on the ground that the appellant has been placed in Low Medical Category. The discharge of the app…
Supreme Court of India2 Sep 2019Full text
2019 INSC 985 · [2019] 11 S.C.R. 1030
- Issuance of direction to Directorate of Technical Education and CET-Cell to conduct the admissions process in accordance with the ranking of the students as per the Merit List, by treating JBIMS as an Autonomous Department of the University - Maharashtra B Public Universities Act, 2016 - s. 122. Disposing of the appe…
Supreme Court of India2 Sep 2019Full text
2019 INSC 984 · [2019] 12 S.C.R. 75
– Held: Limitation Act is applicable to the applications filed u/s.7 – Petition u/s. 7 filed after 3 years from the date of default, would be barred u/Art. 137 of the Limitation Act – The limitation would not D be saved by virtue of s.23 of the Limitation Act – Appeal allowed – Insolvency and Bankruptcy Code, 2016 – s.…
Supreme Court of India2 Sep 2019Full text
2019 INSC 983 · [2019] 11 S.C.R. 1075
1075 1076 SUPREME COURT REPORTS [2019] 11 S.C.R. A counted towards the qualifying service even if such service is not preceded by temporary or regular appointment in a pensionable establishment - The provision contained in Regulation 370 and the instructions contained in Para 669 of the Financial Handbook is struck dow…
Supreme Court of India2 Sep 2019Full text
2019 INSC 982 · [2019] 11 S.C.R. 1053
[2019] 11 S.C.R. 1053 1053 M.C. MEHTA A v. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 13029 of 1985) SEPTEMBER 02, 2019 B [ARUN MISHRA AND DEEPAK GUPTA, JJ.] Urban Development: Town planning - Problem of parking of motor vehicles - Held: Parking problem has arisen as there is an abject failure on the C part of th…
Supreme Court of India30 Aug 2019Full text
2019 INSC 980 · [2019] 11 S.C.R. 1006
S. Wasim A.Qadri, Sr. Adv., Zaid Ali Subzposh, Tamim Qadri, Saeed Qadri, Lakshmi Raman Singh, Advs. for the Appellant. H 1008 SUPREME COURT REPORTS [2019] 11 S.C.R. A Raj Kishore Choudhary, M. Z. Chaudhary, Aftab Ali Khan, Shakeel Ahmed, Nakul Chaudhary, Arvind Kumar Kanva, Ali Safeer Farooqi, Syed Imtiyaz Ali, Advs. f…
Supreme Court of India29 Aug 2019Full text
2019 INSC 979 · [2019] 12 S.C.R. 1
Orissa Lift Irrigation Corporation Limited-I’s case – C Enunciation of dictum – Explained and clarified – Held: Approval of the AICTE and UGC mandatory for starting the technical education courses through distance learning mode. University Grants Commission Act, 1956: Purpose of enactment – Stated. D Dismissing the wri…
Supreme Court of India29 Aug 2019Full text
2019 INSC 978 · [2019] 11 S.C.R. 829
Allowing the appeal, the Court HELD: 1. Though it is contended by the private respondent C that it was a mistake in indicating “No” against the Column 3.1 – ‘Person with Disability’, what is necessary to be taken note is that against Column 2.4 – ‘Category’, it has been stated as “General”. That apart the examination f…
Supreme Court of India29 Aug 2019Full text
2019 INSC 977 · [2019] 12 S.C.R. 70
– Held: This procedure is not fair to the parties – The parties must C know what are the substantial questions of law which the Court is required to answer in a particular case – It is only then that the parties and their counsel can properly assist the Court – As per s.100, an appeal can only lie if there is a substan…
Supreme Court of India29 Aug 2019Full text
2019 INSC 976 · [2019] 11 S.C.R. 913
913 914 SUPREME COURT REPORTS [2019] 11 S.C.R. A ancestral property – Therefore, view of SDO regarding exclusion of land of two elder daughters for determining surplus land was correct and is restored – (Per K.M. Joseph, J.): Collector, when in the course of inquiry under s.18 of the Act, has before it, materials to sh…
Supreme Court of India28 Aug 2019Full text
2019 INSC 970 · [2019] 11 S.C.R. 792
792 SUPREME COURT[2019]REPORTS11 S.C.R. 792 [2019] 11 S.C.R. A M/S N RAMACHANDRA REDDY v. THE STATE OF TELANGANA & ORS (Civil Appeal No. 6673 of 2019) B AUGUST 28, 2019 [S. ABDUL NAZEER AND R. SUBHASH REDDY, JJ.] Tender: Tender for construction of road – As per tender condition C ‘Batch Type Hot Mix Plant’ owned by the…
Supreme Court of India28 Jan 2019Full text
2019 INSC 97 · [2019] 1 S.C.R. 540
Dismissing the appeal, the Court HELD: 1.1 It is not the function of this Court to re-assess G evidence and an argument on a point of fact which did not prevail with the Courts below cannot avail the appellants in this Court. [Para 20][545-D] 1.2 The same argument, which was unsuccessfully urged before the High Court, …
Supreme Court of India28 Aug 2019Full text
2019 INSC 969 · [2019] 11 S.C.R. 844
844 STATE OF RAJASTHAN AND ORS. 845 v. LORD NORTHBOOK AND ORS over the possession of the properties to the respondents – Further, A due procedure was followed as per the Escheats Act – State of Rajasthan right in treating the property as ‘bona vacantia’ and initiating proceedings under the Escheats Act – Per Banerjee, …
Supreme Court of India27 Aug 2019Full text
2019 INSC 966 · [2019] 11 S.C.R. 752
754 SUPREME COURT REPORTS [2019] 11 S.C.R. A recruited direct to the same rank shall have their seniority from the date of appointment. Therefore, a person appointed by way of direct recruitment or promotion to the post of Sub Inspector, his seniority will be fixed as per the date of appointment. Only in the case that …
Supreme Court of India27 Aug 2019Full text
2019 INSC 965 · [2019] 11 S.C.R. 270
B Usmani, Advs. for the Appellant. Ms. Pragati Neekhra, AAG, Ms. Kaveri Vats, Rahul Kaushik, Advs. for the Respondent. The Judgment of the Court was delivered by C R. BANUMATHI, J. Leave granted. 2. This appeal arises out of the judgment dated 02.02.2018 in Criminal Appeal No.799 of 2006 passed by the High Court of Mad…
Supreme Court of India27 Aug 2019Full text
2019 INSC 964 · [2019] 11 S.C.R. 809
809 810 SUPREME COURT REPORTS [2019] 11 S.C.R. A otherwise frivolous, vexatious or harassive – Also it cannot be said that absolute penury led the appellant to commit the offence u/s. 379 – Any sympathy for the appellant would be completely misplaced – Thus, the order of the High Court is upheld – Central Civil Service…
Supreme Court of India27 Aug 2019Full text
2019 INSC 963 · [2019] 12 S.C.R. 226
Collector who may enquire into the matter and dispose it of – The appeal against the order of the Divisional Irrigation Officer lies to the Superintending Irrigation Officer – s.53 (2) is absolutely clear that the order passed by the Authorities under the Act would be final for any crop sown or growing when such order …
Supreme Court of India27 Aug 2019Full text
2019 INSC 962 · [2019] 11 S.C.R. 780
780 SUPREME COURT[2019]REPORTS11 S.C.R. 780 [2019] 11 S.C.R. A CHANDRAKANT BABAN MOTKARI & ORS. v. GOTIRAM LAXMAN MOTKARI (D) BY LRS. & ORS. (Civil Appeal No. 2390 of 2011) B AUGUST 27, 2019 [SANJAY KISHAN KAUL AND K. M. JOSEPH, JJ.] Bombay Tenancy and Agricultural Lands Act, 1948: ss. 32 and 85 – Rights of the tillers…
Also on Law on Tips: Bare Acts · Legal news and analysis