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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.
5,121–5,140 · Page 257 of 500
Supreme Court of India27 Aug 2019Full text
2019 INSC 961 · [2019] 11 S.C.R. 282
– In the present case, reservation of the appellant’s land has lapsed and it has become available to the appellant to be developed – H 282 BALAJI ASSOCIATES THR. ITS PARTNER v. 283 STATE OF MAHARASHTRA Further, writ courts, usually, should not indulge themselves in factual A findings, however the present case has been …
Supreme Court of India28 Jan 2019Full 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.
5,121–5,140 · Page 257 of 500
Supreme Court of India27 Aug 2019Full text
2019 INSC 961 · [2019] 11 S.C.R. 282
– In the present case, reservation of the appellant’s land has lapsed and it has become available to the appellant to be developed – H 282 BALAJI ASSOCIATES THR. ITS PARTNER v. 283 STATE OF MAHARASHTRA Further, writ courts, usually, should not indulge themselves in factual A findings, however the present case has been …
Supreme Court of India28 Jan 2019Full text
2019 INSC 96 · [2019] 2 S.C.R. 507
507 508 SUPREME COURT REPORTS [2019] 2 S.C.R. A defendant no.2 (appellant no.5) and defendant no.3 (appellant no.6) – Decree further modified as directed – Indian Contract Act, 1872 – s.65 – Code of Civil Procedure, 1908 – Or.22, r.4(2) – Constitution of India – Art.142 – Decree. Family Law – Joint Hindu Family Propert…
Supreme Court of India27 Aug 2019Full text
2019 INSC 959 · [2019] 11 S.C.R. 739
with his admitted signatures – Court must be cautious while evaluating expert evidence, which is a weak type of evidence and not substantive in nature – Mere expert evidence as to a fact is not regarded as conclusive proof of it and the Court may seek independent and reliable corroboration in the facts of a given case …
Supreme Court of India27 Aug 2019Full text
2019 INSC 958 · [2019] 11 S.C.R. 765
HELD: 1.1 It is clear from the bare reading of sub-section 1(a) of Section 14 of the Arbitration and Conciliation Act 1996 C that mandate of an arbitrator shall terminate if it fails to act without undue delay. In the instant case, the first preliminary meeting was held on 4th May, 2007 and the Arbitrator in terms of t…
Supreme Court of India27 Aug 2019Full text
2019 INSC 957 · [2019] 11 S.C.R. 725
G HELD: 1.1 The National Highways Act, 1956 is a comprehensive code and a special enactment which provides an inbuilt mechanism not only in initiating acquisition until culmination of the proceedings in determining the compensation and its adjudication by the Arbitrator to be appointed by the H 725 726 SUPREME COURT RE…
Supreme Court of India27 Aug 2019Full text
2019 INSC 956 · [2019] 11 S.C.R. 1016
Disposing of the appeal, the Court HELD: In view of the fact that it is only half the property F which went to the plaintiffs, as referred to in the plaint, that was the subject matter of the Suit, the decree will have to be set aside to the extent that it awards anything beyond this. In view of section 2 of Bihar Kolh…
Supreme Court of India26 Aug 2019Full text
2019 INSC 953 · [2019] 11 S.C.R. 229
229 230 SUPREME COURT REPORTS [2019] 11 S.C.R. A been used only to scare away the persons – The testimony of PW-6 that he saw the gun being fired, but could not make out whether a bullet hit the deceased or not was taken into account, but, in the context of the overall testimony of the eye-witnesses, the story set fort…
Supreme Court of India26 Aug 2019Full text
2019 INSC 952 · [2019] 11 S.C.R. 243
– Thus, order of de-notification passed by the State was without B application of mind and was arbitrary in nature – Further, respondent no.3 had already sold 1/3rd of the 3 acres 5 guntas of land in survey no.30, so she could not have maintained the application for de-notification of the said portion of the land as sh…
Supreme Court of India23 Aug 2019Full text
2019 INSC 949 · [2019] 11 S.C.R. 210
C Disposing of the appeals, the Court HELD: 1.1 To prove the alleged offence under Section 336, essential elements are, the act, done rashly and negligently, to endanger human life or personal safety. To prove the guilt of the accused under Section 338, in addition to the elements under D Section 336, an additional con…
Supreme Court of India23 Aug 2019Full text
2019 INSC 948 · [2019] 11 S.C.R. 207
H 207 208 SUPREME COURT REPORTS [2019] 11 S.C.R. A Lt. Col. K. Ramesh, Vibhuti Sushant Gupta, Archana R., Himanshu Kalra, Ram Naresh Yadav, Advs. for the Respondent. The Judgment of the Court was delivered by HEMANT GUPTA, J. B 1. The challenge in the present appeals is to an order passed by the Armed Forces Tribunal1 …
Supreme Court of India22 Aug 2019Full text
2019 INSC 947 · [2019] 11 S.C.R. 170
170 UNION OF INDIA v. BGP PRODUCTS OPERATIONS GMBH AND HAGENE 171 IMMERMATT WEG. exercise the power to prohibit the manufacture of the drug by the A private sector companies for domestic use, under s.26-A of the Act; Whether the object of curbing the clandestine manufacture and unregulated use of the drug Oxytocin, whi…
Supreme Court of India22 Aug 2019Full text
2019 INSC 946 · [2019] 12 S.C.R. 980
980 SUPREME COURT[2019] 12REPORTSS.C.R. 980 [2019] 12 S.C.R. A AIR INDIA EXPRESS LIMITED AND ORS. v. CAPT. GURDARSHAN KAUR SANDHU (Civil Appeal No.6567 of 2019) B AUGUST 22, 2019 [UDAY UMESH LALIT AND VINEET SARAN, JJ.] Service Law – Withdrawal of Resignation – Respondent was working as a pilot in the appellant-Company…
Supreme Court of India22 Aug 2019Full text
2019 INSC 945 · [2019] 12 S.C.R. 924
Respondent-Company was processing cotton and non-cotton seeds of different varieties in its unit – According to respondent, all such processed seeds were stored in the storage/godown attached to the processing unit for transportation to different places – Case of the appellant was that the respondent not having a valid…
Supreme Court of India22 Aug 2019Full text
2019 INSC 944 · [2019] 12 S.C.R. 946
946 SUPREME COURT[2019] REPORTS12 S.C.R. 946 [2019] 12 S.C.R. A SMT. CHINTAMBARAMMA & ANR. v. STATE OF KARNATAKA (Criminal Appeal No.1258 of 2019) B AUGUST 22, 2019 [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Penal Code, 1860 – s.302 r/w s.34 – Case based on circumstantial evidence – Marriage of ‘S’ was solemnised with on…
Supreme Court of India22 Aug 2019Full text
2019 INSC 943 · [2019] 11 S.C.R. 159
candidates to apply for the post in terms of applicable rules – Post of Town Planning Inspector can be filled up either by way of promotion or by direct recruitment – Respondent is not in the feeder cadre for appointment to the post of Town Planning Inspector – In the absence thereof, the High Court committed illegalit…
Supreme Court of India21 Aug 2019Full text
2019 INSC 941 · [2019] 11 S.C.R. 405
which the respondent was detained – The order of detention was referred to the Advisory Board – Advisory Board gave opinion in its report that there was no sufficient cause for the continued detention of the respondent detenue u/s. 3(1) of the COFEPOSA – Aggrieved, petitioner-Union of India filed Special Leave to Appea…
Supreme Court of India21 Aug 2019Full text
2019 INSC 940 · [2019] 11 S.C.R. 495
– Thus, the order of the High Court does not suffer from any error. Dismissing the appeals, the Court HELD : 1.1 On a careful analysis, it emerges that none of G the conditions stipulated in Rule 10(a)(ii) of the Kerela State and Subordinate Services Rules, 1958 have been fulfilled. The first situation contemplated by …
Supreme Court of India25 Jan 2019Full text
2019 INSC 94 · [2019] 2 S.C.R. 409
Rules is that minimum qualifying marks were required for written examination and no minimum qualifying marks were required for interview, however, consolidated qualifying marks were required for written examination and interview, which was 40% for general candidates and 35% for SC/ST/OBC candidates – In instant case, H…
Supreme Court of India21 Aug 2019Full text
2019 INSC 938 · [2019] 11 S.C.R. 444
list and to treat them as appointed in 2014-15 – The Division Bench of the High Court held that the claim for seniority with reference to the date of the accrual of the vacancy will not be maintainable merely on the ground that no competitive examination was held in the years in which the vacancies arose – On appeal, h…
Supreme Court of India21 Aug 2019Full text
2019 INSC 937 · [2019] 12 S.C.R. 881
deemed confirmation of service merely because the services of a probationer are continued beyond the period of probation – It is only upon the issuance of an order of confirmation that the probationer is granted substantive appointment in that post – R.105(2) stipulates the satisfaction of the appointing authority as a…
Also on Law on Tips: Bare Acts · Legal news and analysis
2019 INSC 96 · [2019] 2 S.C.R. 507
507 508 SUPREME COURT REPORTS [2019] 2 S.C.R. A defendant no.2 (appellant no.5) and defendant no.3 (appellant no.6) – Decree further modified as directed – Indian Contract Act, 1872 – s.65 – Code of Civil Procedure, 1908 – Or.22, r.4(2) – Constitution of India – Art.142 – Decree. Family Law – Joint Hindu Family Propert…
Supreme Court of India27 Aug 2019Full text
2019 INSC 959 · [2019] 11 S.C.R. 739
with his admitted signatures – Court must be cautious while evaluating expert evidence, which is a weak type of evidence and not substantive in nature – Mere expert evidence as to a fact is not regarded as conclusive proof of it and the Court may seek independent and reliable corroboration in the facts of a given case …
Supreme Court of India27 Aug 2019Full text
2019 INSC 958 · [2019] 11 S.C.R. 765
HELD: 1.1 It is clear from the bare reading of sub-section 1(a) of Section 14 of the Arbitration and Conciliation Act 1996 C that mandate of an arbitrator shall terminate if it fails to act without undue delay. In the instant case, the first preliminary meeting was held on 4th May, 2007 and the Arbitrator in terms of t…
Supreme Court of India27 Aug 2019Full text
2019 INSC 957 · [2019] 11 S.C.R. 725
G HELD: 1.1 The National Highways Act, 1956 is a comprehensive code and a special enactment which provides an inbuilt mechanism not only in initiating acquisition until culmination of the proceedings in determining the compensation and its adjudication by the Arbitrator to be appointed by the H 725 726 SUPREME COURT RE…
Supreme Court of India27 Aug 2019Full text
2019 INSC 956 · [2019] 11 S.C.R. 1016
Disposing of the appeal, the Court HELD: In view of the fact that it is only half the property F which went to the plaintiffs, as referred to in the plaint, that was the subject matter of the Suit, the decree will have to be set aside to the extent that it awards anything beyond this. In view of section 2 of Bihar Kolh…
Supreme Court of India26 Aug 2019Full text
2019 INSC 953 · [2019] 11 S.C.R. 229
229 230 SUPREME COURT REPORTS [2019] 11 S.C.R. A been used only to scare away the persons – The testimony of PW-6 that he saw the gun being fired, but could not make out whether a bullet hit the deceased or not was taken into account, but, in the context of the overall testimony of the eye-witnesses, the story set fort…
Supreme Court of India26 Aug 2019Full text
2019 INSC 952 · [2019] 11 S.C.R. 243
– Thus, order of de-notification passed by the State was without B application of mind and was arbitrary in nature – Further, respondent no.3 had already sold 1/3rd of the 3 acres 5 guntas of land in survey no.30, so she could not have maintained the application for de-notification of the said portion of the land as sh…
Supreme Court of India23 Aug 2019Full text
2019 INSC 949 · [2019] 11 S.C.R. 210
C Disposing of the appeals, the Court HELD: 1.1 To prove the alleged offence under Section 336, essential elements are, the act, done rashly and negligently, to endanger human life or personal safety. To prove the guilt of the accused under Section 338, in addition to the elements under D Section 336, an additional con…
Supreme Court of India23 Aug 2019Full text
2019 INSC 948 · [2019] 11 S.C.R. 207
H 207 208 SUPREME COURT REPORTS [2019] 11 S.C.R. A Lt. Col. K. Ramesh, Vibhuti Sushant Gupta, Archana R., Himanshu Kalra, Ram Naresh Yadav, Advs. for the Respondent. The Judgment of the Court was delivered by HEMANT GUPTA, J. B 1. The challenge in the present appeals is to an order passed by the Armed Forces Tribunal1 …
Supreme Court of India22 Aug 2019Full text
2019 INSC 947 · [2019] 11 S.C.R. 170
170 UNION OF INDIA v. BGP PRODUCTS OPERATIONS GMBH AND HAGENE 171 IMMERMATT WEG. exercise the power to prohibit the manufacture of the drug by the A private sector companies for domestic use, under s.26-A of the Act; Whether the object of curbing the clandestine manufacture and unregulated use of the drug Oxytocin, whi…
Supreme Court of India22 Aug 2019Full text
2019 INSC 946 · [2019] 12 S.C.R. 980
980 SUPREME COURT[2019] 12REPORTSS.C.R. 980 [2019] 12 S.C.R. A AIR INDIA EXPRESS LIMITED AND ORS. v. CAPT. GURDARSHAN KAUR SANDHU (Civil Appeal No.6567 of 2019) B AUGUST 22, 2019 [UDAY UMESH LALIT AND VINEET SARAN, JJ.] Service Law – Withdrawal of Resignation – Respondent was working as a pilot in the appellant-Company…
Supreme Court of India22 Aug 2019Full text
2019 INSC 945 · [2019] 12 S.C.R. 924
Respondent-Company was processing cotton and non-cotton seeds of different varieties in its unit – According to respondent, all such processed seeds were stored in the storage/godown attached to the processing unit for transportation to different places – Case of the appellant was that the respondent not having a valid…
Supreme Court of India22 Aug 2019Full text
2019 INSC 944 · [2019] 12 S.C.R. 946
946 SUPREME COURT[2019] REPORTS12 S.C.R. 946 [2019] 12 S.C.R. A SMT. CHINTAMBARAMMA & ANR. v. STATE OF KARNATAKA (Criminal Appeal No.1258 of 2019) B AUGUST 22, 2019 [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Penal Code, 1860 – s.302 r/w s.34 – Case based on circumstantial evidence – Marriage of ‘S’ was solemnised with on…
Supreme Court of India22 Aug 2019Full text
2019 INSC 943 · [2019] 11 S.C.R. 159
candidates to apply for the post in terms of applicable rules – Post of Town Planning Inspector can be filled up either by way of promotion or by direct recruitment – Respondent is not in the feeder cadre for appointment to the post of Town Planning Inspector – In the absence thereof, the High Court committed illegalit…
Supreme Court of India21 Aug 2019Full text
2019 INSC 941 · [2019] 11 S.C.R. 405
which the respondent was detained – The order of detention was referred to the Advisory Board – Advisory Board gave opinion in its report that there was no sufficient cause for the continued detention of the respondent detenue u/s. 3(1) of the COFEPOSA – Aggrieved, petitioner-Union of India filed Special Leave to Appea…
Supreme Court of India21 Aug 2019Full text
2019 INSC 940 · [2019] 11 S.C.R. 495
– Thus, the order of the High Court does not suffer from any error. Dismissing the appeals, the Court HELD : 1.1 On a careful analysis, it emerges that none of G the conditions stipulated in Rule 10(a)(ii) of the Kerela State and Subordinate Services Rules, 1958 have been fulfilled. The first situation contemplated by …
Supreme Court of India25 Jan 2019Full text
2019 INSC 94 · [2019] 2 S.C.R. 409
Rules is that minimum qualifying marks were required for written examination and no minimum qualifying marks were required for interview, however, consolidated qualifying marks were required for written examination and interview, which was 40% for general candidates and 35% for SC/ST/OBC candidates – In instant case, H…
Supreme Court of India21 Aug 2019Full text
2019 INSC 938 · [2019] 11 S.C.R. 444
list and to treat them as appointed in 2014-15 – The Division Bench of the High Court held that the claim for seniority with reference to the date of the accrual of the vacancy will not be maintainable merely on the ground that no competitive examination was held in the years in which the vacancies arose – On appeal, h…
Supreme Court of India21 Aug 2019Full text
2019 INSC 937 · [2019] 12 S.C.R. 881
deemed confirmation of service merely because the services of a probationer are continued beyond the period of probation – It is only upon the issuance of an order of confirmation that the probationer is granted substantive appointment in that post – R.105(2) stipulates the satisfaction of the appointing authority as a…
Also on Law on Tips: Bare Acts · Legal news and analysis