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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.
5,181–5,200 · Page 260 of 500
Supreme Court of India9 Aug 2019Full text
2019 INSC 887 · [2019] 11 S.C.R. 718
– Such temporary appointment pending filling up of a vacancy on regular basis does not confer any right at par with the candidate appointed on regular basis – Management had right to terminate the services during ad-hoc period on account of unsatisfactory work – Decision to arrive at the unsatisfactory work is motive a…
Supreme Court of India9 Aug 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.
5,181–5,200 · Page 260 of 500
Supreme Court of India9 Aug 2019Full text
2019 INSC 887 · [2019] 11 S.C.R. 718
– Such temporary appointment pending filling up of a vacancy on regular basis does not confer any right at par with the candidate appointed on regular basis – Management had right to terminate the services during ad-hoc period on account of unsatisfactory work – Decision to arrive at the unsatisfactory work is motive a…
Supreme Court of India9 Aug 2019Full text
2019 INSC 886 · [2019] 10 S.C.R. 143
Words & expressions – “Decree”, “Judgment” – Meaning of B – Discussed – Code of Civil Procedure, 1908 – ss.2(2), 2(9). Suits – Consolidation of – Plea of the respondents drawing distinction between an order of consolidation of suits and the order where common judgment is rendered in different suits – Held: Not tenable …
Supreme Court of India9 Aug 2019Full text
2019 INSC 885 · [2019] 10 S.C.R. 1
maintained the conviction and sentence of the appellant but found the accused no.2 not guilty and acquitted him – On appeal, held: The prosecution was not able to remove all the obvious doubts as to the place and manner of occurrence, particularly as to who was the aggressor and how it started – Prosecution was not abl…
Supreme Court of India8 Aug 2019Full text
2019 INSC 882 · [2019] 11 S.C.R. 627
with the applications received in response to the initial notification – In the instant case, the private respondents were issued appointment letters on 17.09.2015 and 29.05.2015 respectively, the change was made subsequent thereto by the general corrigendum dated 16.01.2016 by including the qualification of B.Sc. (For…
Supreme Court of India8 Aug 2019Full text
2019 INSC 881 · [2019] 11 S.C.R. 660
660 SUPREME COURT[2019]REPORTS11 S.C.R. 660 [2019] 11 S.C.R. A MAHANAGAR TELEPHONE NIGAM LTD. v. CANARA BANK & ORS. (Civil Appeal Nos. 6202-6205 of 2019) B AUGUST 08, 2019 [ABHAY MANOHAR SAPRE AND INDU MALHOTRA, JJ.] Arbitration and Conciliation Act, 1996: Arbitration agreement – Existence of valid arbitration C agreem…
Supreme Court of India8 Aug 2019Full text
2019 INSC 880 · [2019] 11 S.C.R. 609
[2019][2019] 1111 S.C.R.S.C.R. 609609 609 MALLIKARJUN AND OTHERS A v. STATE OF KARNATAKA (Criminal Appeal No.1066 of 2009) AUGUST 08, 2019 B [R. BANUMATHI AND A. S. BOPANNA, JJ.] Evidence – Of eye-witness – Appreciation of – As per the prosecution on 14.06.02, PW-7-brother of ‘B’ went to the fields for ploughing in the…
Supreme Court of India24 Jan 2019Full text
2019 INSC 88 · [2019] 2 S.C.R. 386
exploded in the course of the incident – Injuries suffered by accused nos.4 and 5 were simple – None of the persons in the family of the complainant were armed – It was the accused’s side which was armed with weapons and explosives – Judgment of the High Court convicting accused nos.1-4, 6-8 and 11 u/s.304 Part I affir…
Supreme Court of India8 Aug 2019Full text
2019 INSC 877 · [2019] 11 S.C.R. 646
impugned order of the High Court, the petitioners made any grievance/objection with respect to inadequacy of the compensation determined by the High Court – On the contrary, they accepted the compensation awarded – Even if the petitioners are denied the interest and/or the other statutory benefits for the delayed perio…
Supreme Court of India8 Aug 2019Full text
2019 INSC 875 · [2019] 11 S.C.R. 640
H 642 SUPREME COURT REPORTS [2019] 11 S.C.R. A CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3559 of 2010 From the Judgment and Order dated 05.12.2007 of the High Court of Judicature at Allahabad in First Appeal from Order No. 3728 of 2007 B Ms. Komal Mundhra, Saurabh Agrawal, Abhijit Sengupta, Advs. for the Appellant…
Supreme Court of India7 Aug 2019Full text
2019 INSC 874 · [2019] 11 S.C.R. 597
F Allowing the appeal, the Court HELD: 1. In J.K. International v. State (Govt. of NCT of Delhi) & Ors., it has been held that if the cause of justice would be better served by granting such permission, the Magistrate’s court would generally grant such permission. An aggrieved Gprivate person is not altogether eclipsed…
Supreme Court of India7 Aug 2019Full text
2019 INSC 873 · [2019] 10 S.C.R. 636
2. The present case involves the question as to whether an arbitration clause would spring into being at the stage of Letter of Award (referred to as ‘LOA’ for brevity) acceptance, or whether it would be necessary to sign the ultimate agreement which would then bring in the D arbitration clause contained therein. 3. Th…
Supreme Court of India7 Aug 2019Full text
2019 INSC 872 · [2019] 11 S.C.R. 587
[2019] 11 S.C.R. 587 587 MAHESH KUMAR A v. STATE OF HARYANA (Criminal Appeal No. 1042 of 2012) AUGUST 07, 2019 B [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Penal Code, 1860 – s.304-B – Dowry death – When not – PW-3-father of the deceased stated that the appellant got married to his daughter on 26.05.91 – Soon after the m…
Supreme Court of India7 Aug 2019Full text
2019 INSC 871 · [2019] 11 S.C.R. 135
[2019][2019] 1111 S.C.R.S.C.R. 1351 135 BHAGWAN A v. STATE OF MAHARASAHTRA THROUGH SECRETARY HOME, MUMBAI, MAHARASHTRA (Criminal Appeal No. 385 of 2010) B AUGUST 07, 2019 [SANJAY KISHAN KAUL AND K.M. JOSEPH, JJ.] Penal Code, 1860: C s.302 – Prosecution u/ss. 302 and 326 – For causing death of his wife and injuries to t…
Supreme Court of India6 Aug 2019Full text
2019 INSC 867 · [2019] 11 S.C.R. 65
H 65 66 SUPREME COURT REPORTS [2019] 11 S.C.R. A Allowing the appeal, the Court HELD: 1.1 The condition of the advertisement was Diploma in Yoga or Yoga Therapy. The appellant possesses Diploma in Yoga Education. The Court in exercise of power of judicial review could not come to a conclusion that the Diploma possessed…
Supreme Court of India6 Aug 2019Full text
2019 INSC 866 · [2019] 11 S.C.R. 57
– When the respondent has consistently defaulted in payment of premium/installments, it is open to the competent authority to take F action in accordance with law – Since the allotment of the respondent was of the year 1996 and considering the fact that the respondent already deposited an amount of Rs.1,02,000/- it wou…
Supreme Court of India6 Aug 2019Full text
2019 INSC 865 · [2019] 11 S.C.R. 40
– Held: It has nowhere been said in the judicial pronouncements that s.141 IPC should be specifically invoked or else consequences would be fatal – As long as the necessary ingredients of an unlawful assembly are set out and proved, as enunciated in s. 141 IPC, it F would suffice – The actions of an unlawful assembly a…
Supreme Court of India6 Aug 2019Full text
2019 INSC 864 · [2019] 11 S.C.R. 22
22 SUPREME COURT[2019]REPORTS11 S.C.R. 22 [2019] 11 S.C.R. A JAGDISH AND ANOTHER v. THE STATE OF HARYANA (Criminal Appeal No. 1864 of 2009)2009)2019) B AUGUST 06, 201920192009 [ASHOK BHUSHAN AND NAVIN SINHA, JJ.] Penal Code, 1860: ss. 302, 149 and 148 – Involvement of 13 accused in the C offence including two juveniles…
Supreme Court of India6 Aug 2019Full text
2019 INSC 863 · [2019] 11 S.C.R. 14
Dismissing the appeals, the CourtG HELD: 1. On perusal of materials on record, the relationship between parties and the existence of a land dispute regarding which a civil suit was also pending are undisputed facts. The fact that a verbal duel followed by scuffle took place between the parties culminating in injuries i…
Supreme Court of India6 Aug 2019Full text
2019 INSC 862 · [2019] 11 S.C.R. 1
B Criminal Trial – Delay in recording of the statement of eye witnesses – When does not raise suspicion – Discussed. Evidence– Recovery of bloodstained weapon– Burden to be discharged by the prosecution – Discussed. Allowing the appeals, the Court C HELD: 1.1 Though the incident took place on 22nd January, 2007, the st…
Supreme Court of India5 Aug 2019Full text
2019 INSC 861 · [2019] 10 S.C.R. 1046
present case, it was too early to request for DNA Test without carrying out substantial investigation – Therefore, order of Civil Judge was unsustainable. Allowing the appeal, the Court E HELD: Section 53 Cr.P.C empowers the police authorities to request a medical practitioner to conduct examination of a person. Presen…
Also on Law on Tips: Bare Acts · Legal news and analysis
2019 INSC 886 · [2019] 10 S.C.R. 143
Words & expressions – “Decree”, “Judgment” – Meaning of B – Discussed – Code of Civil Procedure, 1908 – ss.2(2), 2(9). Suits – Consolidation of – Plea of the respondents drawing distinction between an order of consolidation of suits and the order where common judgment is rendered in different suits – Held: Not tenable …
Supreme Court of India9 Aug 2019Full text
2019 INSC 885 · [2019] 10 S.C.R. 1
maintained the conviction and sentence of the appellant but found the accused no.2 not guilty and acquitted him – On appeal, held: The prosecution was not able to remove all the obvious doubts as to the place and manner of occurrence, particularly as to who was the aggressor and how it started – Prosecution was not abl…
Supreme Court of India8 Aug 2019Full text
2019 INSC 882 · [2019] 11 S.C.R. 627
with the applications received in response to the initial notification – In the instant case, the private respondents were issued appointment letters on 17.09.2015 and 29.05.2015 respectively, the change was made subsequent thereto by the general corrigendum dated 16.01.2016 by including the qualification of B.Sc. (For…
Supreme Court of India8 Aug 2019Full text
2019 INSC 881 · [2019] 11 S.C.R. 660
660 SUPREME COURT[2019]REPORTS11 S.C.R. 660 [2019] 11 S.C.R. A MAHANAGAR TELEPHONE NIGAM LTD. v. CANARA BANK & ORS. (Civil Appeal Nos. 6202-6205 of 2019) B AUGUST 08, 2019 [ABHAY MANOHAR SAPRE AND INDU MALHOTRA, JJ.] Arbitration and Conciliation Act, 1996: Arbitration agreement – Existence of valid arbitration C agreem…
Supreme Court of India8 Aug 2019Full text
2019 INSC 880 · [2019] 11 S.C.R. 609
[2019][2019] 1111 S.C.R.S.C.R. 609609 609 MALLIKARJUN AND OTHERS A v. STATE OF KARNATAKA (Criminal Appeal No.1066 of 2009) AUGUST 08, 2019 B [R. BANUMATHI AND A. S. BOPANNA, JJ.] Evidence – Of eye-witness – Appreciation of – As per the prosecution on 14.06.02, PW-7-brother of ‘B’ went to the fields for ploughing in the…
Supreme Court of India24 Jan 2019Full text
2019 INSC 88 · [2019] 2 S.C.R. 386
exploded in the course of the incident – Injuries suffered by accused nos.4 and 5 were simple – None of the persons in the family of the complainant were armed – It was the accused’s side which was armed with weapons and explosives – Judgment of the High Court convicting accused nos.1-4, 6-8 and 11 u/s.304 Part I affir…
Supreme Court of India8 Aug 2019Full text
2019 INSC 877 · [2019] 11 S.C.R. 646
impugned order of the High Court, the petitioners made any grievance/objection with respect to inadequacy of the compensation determined by the High Court – On the contrary, they accepted the compensation awarded – Even if the petitioners are denied the interest and/or the other statutory benefits for the delayed perio…
Supreme Court of India8 Aug 2019Full text
2019 INSC 875 · [2019] 11 S.C.R. 640
H 642 SUPREME COURT REPORTS [2019] 11 S.C.R. A CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3559 of 2010 From the Judgment and Order dated 05.12.2007 of the High Court of Judicature at Allahabad in First Appeal from Order No. 3728 of 2007 B Ms. Komal Mundhra, Saurabh Agrawal, Abhijit Sengupta, Advs. for the Appellant…
Supreme Court of India7 Aug 2019Full text
2019 INSC 874 · [2019] 11 S.C.R. 597
F Allowing the appeal, the Court HELD: 1. In J.K. International v. State (Govt. of NCT of Delhi) & Ors., it has been held that if the cause of justice would be better served by granting such permission, the Magistrate’s court would generally grant such permission. An aggrieved Gprivate person is not altogether eclipsed…
Supreme Court of India7 Aug 2019Full text
2019 INSC 873 · [2019] 10 S.C.R. 636
2. The present case involves the question as to whether an arbitration clause would spring into being at the stage of Letter of Award (referred to as ‘LOA’ for brevity) acceptance, or whether it would be necessary to sign the ultimate agreement which would then bring in the D arbitration clause contained therein. 3. Th…
Supreme Court of India7 Aug 2019Full text
2019 INSC 872 · [2019] 11 S.C.R. 587
[2019] 11 S.C.R. 587 587 MAHESH KUMAR A v. STATE OF HARYANA (Criminal Appeal No. 1042 of 2012) AUGUST 07, 2019 B [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Penal Code, 1860 – s.304-B – Dowry death – When not – PW-3-father of the deceased stated that the appellant got married to his daughter on 26.05.91 – Soon after the m…
Supreme Court of India7 Aug 2019Full text
2019 INSC 871 · [2019] 11 S.C.R. 135
[2019][2019] 1111 S.C.R.S.C.R. 1351 135 BHAGWAN A v. STATE OF MAHARASAHTRA THROUGH SECRETARY HOME, MUMBAI, MAHARASHTRA (Criminal Appeal No. 385 of 2010) B AUGUST 07, 2019 [SANJAY KISHAN KAUL AND K.M. JOSEPH, JJ.] Penal Code, 1860: C s.302 – Prosecution u/ss. 302 and 326 – For causing death of his wife and injuries to t…
Supreme Court of India6 Aug 2019Full text
2019 INSC 867 · [2019] 11 S.C.R. 65
H 65 66 SUPREME COURT REPORTS [2019] 11 S.C.R. A Allowing the appeal, the Court HELD: 1.1 The condition of the advertisement was Diploma in Yoga or Yoga Therapy. The appellant possesses Diploma in Yoga Education. The Court in exercise of power of judicial review could not come to a conclusion that the Diploma possessed…
Supreme Court of India6 Aug 2019Full text
2019 INSC 866 · [2019] 11 S.C.R. 57
– When the respondent has consistently defaulted in payment of premium/installments, it is open to the competent authority to take F action in accordance with law – Since the allotment of the respondent was of the year 1996 and considering the fact that the respondent already deposited an amount of Rs.1,02,000/- it wou…
Supreme Court of India6 Aug 2019Full text
2019 INSC 865 · [2019] 11 S.C.R. 40
– Held: It has nowhere been said in the judicial pronouncements that s.141 IPC should be specifically invoked or else consequences would be fatal – As long as the necessary ingredients of an unlawful assembly are set out and proved, as enunciated in s. 141 IPC, it F would suffice – The actions of an unlawful assembly a…
Supreme Court of India6 Aug 2019Full text
2019 INSC 864 · [2019] 11 S.C.R. 22
22 SUPREME COURT[2019]REPORTS11 S.C.R. 22 [2019] 11 S.C.R. A JAGDISH AND ANOTHER v. THE STATE OF HARYANA (Criminal Appeal No. 1864 of 2009)2009)2019) B AUGUST 06, 201920192009 [ASHOK BHUSHAN AND NAVIN SINHA, JJ.] Penal Code, 1860: ss. 302, 149 and 148 – Involvement of 13 accused in the C offence including two juveniles…
Supreme Court of India6 Aug 2019Full text
2019 INSC 863 · [2019] 11 S.C.R. 14
Dismissing the appeals, the CourtG HELD: 1. On perusal of materials on record, the relationship between parties and the existence of a land dispute regarding which a civil suit was also pending are undisputed facts. The fact that a verbal duel followed by scuffle took place between the parties culminating in injuries i…
Supreme Court of India6 Aug 2019Full text
2019 INSC 862 · [2019] 11 S.C.R. 1
B Criminal Trial – Delay in recording of the statement of eye witnesses – When does not raise suspicion – Discussed. Evidence– Recovery of bloodstained weapon– Burden to be discharged by the prosecution – Discussed. Allowing the appeals, the Court C HELD: 1.1 Though the incident took place on 22nd January, 2007, the st…
Supreme Court of India5 Aug 2019Full text
2019 INSC 861 · [2019] 10 S.C.R. 1046
present case, it was too early to request for DNA Test without carrying out substantial investigation – Therefore, order of Civil Judge was unsustainable. Allowing the appeal, the Court E HELD: Section 53 Cr.P.C empowers the police authorities to request a medical practitioner to conduct examination of a person. Presen…
Also on Law on Tips: Bare Acts · Legal news and analysis