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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.
5,201–5,220 · Page 261 of 500
Supreme Court of India5 Aug 2019Full text
2019 INSC 860 · [2019] 10 S.C.R. 1051
Anand case or three Judgment Bench judgment in #Gauri Shanker case – Gauri Shanker case being on different provision and premise, is distinguishable and cannot be said to be a binding precedent – In **Gian Devi Anand case it was suggested to legislature to consider making ‘bonafide requirement’ a ground for eviction in…
Supreme Court of India24 Jan 2019Full text
2019 INSC 86 · [2019] 5 S.C.R. 1163
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.
5,201–5,220 · Page 261 of 500
Supreme Court of India5 Aug 2019Full text
2019 INSC 860 · [2019] 10 S.C.R. 1051
Anand case or three Judgment Bench judgment in #Gauri Shanker case – Gauri Shanker case being on different provision and premise, is distinguishable and cannot be said to be a binding precedent – In **Gian Devi Anand case it was suggested to legislature to consider making ‘bonafide requirement’ a ground for eviction in…
Supreme Court of India24 Jan 2019Full text
2019 INSC 86 · [2019] 5 S.C.R. 1163
1163 1164 SUPREME COURT REPORTS [2019] 5 S.C.R. A of Projectionist. The advertisement stipulated that the candidate must inter alia possess license for operating cinema projector. Appellant and the third respondent were the only candidates. The appellant was appointed on the post of Projectionist. Third respondent chal…
Supreme Court of India5 Aug 2019Full text
2019 INSC 859 · [2019] 10 S.C.R. 1121
Allowing the appeals, the Court HELD: 1. Section 33(2) of the Mumbai Municipal Corporation Act, 1888 incorporated the statutory Scheme that if E Chief Judge of Small Causes Court finds that the person whose election is objected to is disqualified for being a councillor, or if he finds that the election is not a valid e…
Supreme Court of India5 Aug 2019Full text
2019 INSC 858 · [2019] 10 S.C.R. 1023
respondents given liberty to submit representation to the Corporation, if there are any materials and grounds that in the Master Plan in operation in 2002, the land use of the property in question was not residential but commercial – Rajasthan Municipalities (Amendment) Act, 1999. C Allowing the appeal, the Court HELD:…
Supreme Court of India2 Aug 2019Full text
2019 INSC 857 · [2019] 11 S.C.R. 157
conclusion – Appeal allowed. *Joseph Shine v. Union of India (2019) 3 SCC 39 : [2018] 11 SCR 765 – followed. CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3204 of 2019 F From the Judgment and Order dated 08.01.2019 of the Armed Forces Tribunal, Regional Bench, Srinagar at Jammu in Original Application No. 450 of 2017…
Supreme Court of India2 Aug 2019Full text
2019 INSC 856 · [2019] 10 S.C.R. 996
and reduction of sentence – Appeal by accused challenging conviction order – Held: Evidence on record point to the existence of mens rea and hence conviction u/s.120B IPC and s.38 of the Act was correct – But the offences u/ss. 125 IPC and ss.39 and 40 of the Act are not made out, hence acquittal thereunder affirmed – …
Supreme Court of India2 Aug 2019Full text
2019 INSC 855 · [2019] 10 S.C.R. 1006
for the purpose of investigation – Such power is conferred on the Magistrate by a process of judicial interpretation and in exercise of jurisdiction vested in Art.142 of the Constitution – Constitution of India – Art.142. Constitution of India: E Art.20(3) – Applicability of – Held: Art.20(3) would come into play, only…
Supreme Court of India1 Aug 2019Full text
2019 INSC 854 · [2019] 10 S.C.R. 1111
had identified the appellants to be the ones who had made two calls, that does not lead to infer that the calls must have been made to PWs4 and 10. This circumstance has not been fully established which could be read against the appellants.b) Though drawing book had been received from the house of appellant No.1 C and …
Supreme Court of India1 Aug 2019Full text
2019 INSC 853 · [2019] 10 S.C.R. 626
in the year 1990 and rejected the plea of appellant that upon repeal of the said Act, the proceedings would abate – On appeal, held: s.3(1)(b) of the Repealing Act provides that the repeal will not affect the validity of an order granting exemption under s.20(1) or any action taken thereunder, notwithstanding any judgm…
Supreme Court of India1 Aug 2019Full text
2019 INSC 851 · [2019] 18 S.C.R. 1007
– Crime committed was cold blooded and in the most heinous fashion possible – No remorse shown by Appellant at all – That Appellant made a confessional statement would not, on facts, mean that he showed remorse for committing such a heinous crime – He did not F stand by this confessional statement, but falsely retracte…
Supreme Court of India1 Aug 2019Full text
2019 INSC 850 · [2019] 10 S.C.R. 1098
– There was also no error committed in the procedure prescribed under the scheme of CISF Rules – There is no violation of principles of natural justice – Therefore, it was not open for the High Court to interfere with disciplinary proceedings under its limited scope of review u/Art. 226 & 227 of the Constitution – Cent…
Supreme Court of India24 Jan 2019Full text
2019 INSC 85 · [2019] 1 S.C.R. 838
F WITH Civil Appeal No. 1747 of 2010. Vikramjit Banerjee, ASG, Jawahar Lal, Vikas Mehta, Adith Nair, Nishant Sharma, Rakesh K. Sharma, Sarthak Raiza, Ms. Deepa M. GKulkarni, Nishant Ramakantrao Katneshwarkar,, Advs. for the appearing parties. The Judgment of the Court was delivered by R. BANUMATHI, J. 1. The issue invo…
Supreme Court of India1 Aug 2019Full text
2019 INSC 849 · [2019] 10 S.C.R. 961
Evidence Act, 1872 – ss.35, 45 and 81 – Gazette and contents thereof – Appreciation of – Held: Gazette is an official record evidencing public affairs, and its genuineness is presumed u/s.81– Moreover, u/s.35, an entry made by the Gazetteer in discharge of his official duty is a relevant fact – Any fact recorded by the…
Supreme Court of India31 Jul 2019Full text
2019 INSC 847 · [2019] 10 S.C.R. 801
criminal proceedings may be quashed u/s.482 – Power to quash the proceedings is generally exercised when there is no material to proceed against the Petitioners even if the allegations in the complaint are prima facie accepted as true – In the instant case, the High Court rightly found that the allegations in the compl…
Supreme Court of India31 Jul 2019Full text
2019 INSC 846 · [2019] 10 S.C.R. 841
as per Pension Regulations – As per Regulation 28 of Pension Regulations, an employee who opted for retirement before superannuation, would be entitled for pension, after rendering service for a minimum period of 15 years – Therefore, the respondent-employee, who had rendered service only for 11 years was not entitled …
Supreme Court of India31 Jul 2019Full text
2019 INSC 845 · [2019] 10 S.C.R. 790
790 SUPREME COURT[2019]REPORTS10 S.C.R. 790 [2019] 10 S.C.R. A VIJENDRA v. STATE OF UTTAR PRADESH (Criminal Appeal No. 1167 of 2019) B JULY 31, 2019 [R. BANUMATHI AND A. S. BOPANNA, JJ.] Prevention of Food Adulteration Act, 1954: ss. 7(1)/16(1)(a)(i),10(7) and 13(2) – Notice by Food Inspector C (Complainant) suspecting…
Supreme Court of India31 Jul 2019Full text
2019 INSC 844 · [2019] 11 S.C.R. 693
[2019] 11 S.C.R. 693 693 M/S. BALWANT SINGH & SONS A v. NATIONAL INSURANCE COMPANY LTD & ANR. (Civil Appeal No. 5998 of 2019) JULY 31, 2019 B [DR. DHANANJAYA Y CHANDRACHUD AND INDIRA BANERJEE, JJ.] Motor Vehicles Act, 1988: ss. 50, 157 – Transfer of certificate of insurance – On facts, appellant purchased vehicle in au…
Supreme Court of India31 Jul 2019Full text
2019 INSC 841 · [2019] 10 S.C.R. 868
B Civil Appeal No. 5980 of 2019. H. C. Kharbanda, Jabar Singh, T. N. Saxena, Garvesh Kabra, Advs. for the Appellants. Sanjay R. Hegde, Sr. Adv., Shariq, Aman Rastogi, Syed Abdul C Haseeb, Advs. for the Respondents. The Judgment of the Court was delivered by S. ABDUL NAZEER, J. CIVIL APPEAL NO. 5979 OF 2019 D (Arising o…
Supreme Court of India31 Jul 2019Full text
2019 INSC 840 · [2019] 10 S.C.R. 811
No order in the Contempt Petition in view of the directions issued – Succession –Constitution of India– Art.366(2), 363(A), 291 – Government of India Act, 1935 – s.6. Words & Expressions –’Gaddi’ – Meaning of – Discussed. E Allowing the appeals, the Court HELD : 1.1 The facts are not in dispute. It is also not disputed…
Supreme Court of India24 Jan 2019Full text
2019 INSC 84 · [2019] 3 S.C.R. 1
H 1 2 SUPREME COURT REPORTS [2019] 3 S.C.R. A Dismissing the appeal, the Court HELD: 1.1 There is no doubt, on the basis of the evidence which has emerged, in regard to the identity of the appellant as the assailant. The dying declaration Exh. 21 has a ring of truth. The deceased specifically deposed to the clothes whi…
Also on Law on Tips: Bare Acts · Legal news and analysis
1163 1164 SUPREME COURT REPORTS [2019] 5 S.C.R. A of Projectionist. The advertisement stipulated that the candidate must inter alia possess license for operating cinema projector. Appellant and the third respondent were the only candidates. The appellant was appointed on the post of Projectionist. Third respondent chal…
Supreme Court of India5 Aug 2019Full text
2019 INSC 859 · [2019] 10 S.C.R. 1121
Allowing the appeals, the Court HELD: 1. Section 33(2) of the Mumbai Municipal Corporation Act, 1888 incorporated the statutory Scheme that if E Chief Judge of Small Causes Court finds that the person whose election is objected to is disqualified for being a councillor, or if he finds that the election is not a valid e…
Supreme Court of India5 Aug 2019Full text
2019 INSC 858 · [2019] 10 S.C.R. 1023
respondents given liberty to submit representation to the Corporation, if there are any materials and grounds that in the Master Plan in operation in 2002, the land use of the property in question was not residential but commercial – Rajasthan Municipalities (Amendment) Act, 1999. C Allowing the appeal, the Court HELD:…
Supreme Court of India2 Aug 2019Full text
2019 INSC 857 · [2019] 11 S.C.R. 157
conclusion – Appeal allowed. *Joseph Shine v. Union of India (2019) 3 SCC 39 : [2018] 11 SCR 765 – followed. CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3204 of 2019 F From the Judgment and Order dated 08.01.2019 of the Armed Forces Tribunal, Regional Bench, Srinagar at Jammu in Original Application No. 450 of 2017…
Supreme Court of India2 Aug 2019Full text
2019 INSC 856 · [2019] 10 S.C.R. 996
and reduction of sentence – Appeal by accused challenging conviction order – Held: Evidence on record point to the existence of mens rea and hence conviction u/s.120B IPC and s.38 of the Act was correct – But the offences u/ss. 125 IPC and ss.39 and 40 of the Act are not made out, hence acquittal thereunder affirmed – …
Supreme Court of India2 Aug 2019Full text
2019 INSC 855 · [2019] 10 S.C.R. 1006
for the purpose of investigation – Such power is conferred on the Magistrate by a process of judicial interpretation and in exercise of jurisdiction vested in Art.142 of the Constitution – Constitution of India – Art.142. Constitution of India: E Art.20(3) – Applicability of – Held: Art.20(3) would come into play, only…
Supreme Court of India1 Aug 2019Full text
2019 INSC 854 · [2019] 10 S.C.R. 1111
had identified the appellants to be the ones who had made two calls, that does not lead to infer that the calls must have been made to PWs4 and 10. This circumstance has not been fully established which could be read against the appellants.b) Though drawing book had been received from the house of appellant No.1 C and …
Supreme Court of India1 Aug 2019Full text
2019 INSC 853 · [2019] 10 S.C.R. 626
in the year 1990 and rejected the plea of appellant that upon repeal of the said Act, the proceedings would abate – On appeal, held: s.3(1)(b) of the Repealing Act provides that the repeal will not affect the validity of an order granting exemption under s.20(1) or any action taken thereunder, notwithstanding any judgm…
Supreme Court of India1 Aug 2019Full text
2019 INSC 851 · [2019] 18 S.C.R. 1007
– Crime committed was cold blooded and in the most heinous fashion possible – No remorse shown by Appellant at all – That Appellant made a confessional statement would not, on facts, mean that he showed remorse for committing such a heinous crime – He did not F stand by this confessional statement, but falsely retracte…
Supreme Court of India1 Aug 2019Full text
2019 INSC 850 · [2019] 10 S.C.R. 1098
– There was also no error committed in the procedure prescribed under the scheme of CISF Rules – There is no violation of principles of natural justice – Therefore, it was not open for the High Court to interfere with disciplinary proceedings under its limited scope of review u/Art. 226 & 227 of the Constitution – Cent…
Supreme Court of India24 Jan 2019Full text
2019 INSC 85 · [2019] 1 S.C.R. 838
F WITH Civil Appeal No. 1747 of 2010. Vikramjit Banerjee, ASG, Jawahar Lal, Vikas Mehta, Adith Nair, Nishant Sharma, Rakesh K. Sharma, Sarthak Raiza, Ms. Deepa M. GKulkarni, Nishant Ramakantrao Katneshwarkar,, Advs. for the appearing parties. The Judgment of the Court was delivered by R. BANUMATHI, J. 1. The issue invo…
Supreme Court of India1 Aug 2019Full text
2019 INSC 849 · [2019] 10 S.C.R. 961
Evidence Act, 1872 – ss.35, 45 and 81 – Gazette and contents thereof – Appreciation of – Held: Gazette is an official record evidencing public affairs, and its genuineness is presumed u/s.81– Moreover, u/s.35, an entry made by the Gazetteer in discharge of his official duty is a relevant fact – Any fact recorded by the…
Supreme Court of India31 Jul 2019Full text
2019 INSC 847 · [2019] 10 S.C.R. 801
criminal proceedings may be quashed u/s.482 – Power to quash the proceedings is generally exercised when there is no material to proceed against the Petitioners even if the allegations in the complaint are prima facie accepted as true – In the instant case, the High Court rightly found that the allegations in the compl…
Supreme Court of India31 Jul 2019Full text
2019 INSC 846 · [2019] 10 S.C.R. 841
as per Pension Regulations – As per Regulation 28 of Pension Regulations, an employee who opted for retirement before superannuation, would be entitled for pension, after rendering service for a minimum period of 15 years – Therefore, the respondent-employee, who had rendered service only for 11 years was not entitled …
Supreme Court of India31 Jul 2019Full text
2019 INSC 845 · [2019] 10 S.C.R. 790
790 SUPREME COURT[2019]REPORTS10 S.C.R. 790 [2019] 10 S.C.R. A VIJENDRA v. STATE OF UTTAR PRADESH (Criminal Appeal No. 1167 of 2019) B JULY 31, 2019 [R. BANUMATHI AND A. S. BOPANNA, JJ.] Prevention of Food Adulteration Act, 1954: ss. 7(1)/16(1)(a)(i),10(7) and 13(2) – Notice by Food Inspector C (Complainant) suspecting…
Supreme Court of India31 Jul 2019Full text
2019 INSC 844 · [2019] 11 S.C.R. 693
[2019] 11 S.C.R. 693 693 M/S. BALWANT SINGH & SONS A v. NATIONAL INSURANCE COMPANY LTD & ANR. (Civil Appeal No. 5998 of 2019) JULY 31, 2019 B [DR. DHANANJAYA Y CHANDRACHUD AND INDIRA BANERJEE, JJ.] Motor Vehicles Act, 1988: ss. 50, 157 – Transfer of certificate of insurance – On facts, appellant purchased vehicle in au…
Supreme Court of India31 Jul 2019Full text
2019 INSC 841 · [2019] 10 S.C.R. 868
B Civil Appeal No. 5980 of 2019. H. C. Kharbanda, Jabar Singh, T. N. Saxena, Garvesh Kabra, Advs. for the Appellants. Sanjay R. Hegde, Sr. Adv., Shariq, Aman Rastogi, Syed Abdul C Haseeb, Advs. for the Respondents. The Judgment of the Court was delivered by S. ABDUL NAZEER, J. CIVIL APPEAL NO. 5979 OF 2019 D (Arising o…
Supreme Court of India31 Jul 2019Full text
2019 INSC 840 · [2019] 10 S.C.R. 811
No order in the Contempt Petition in view of the directions issued – Succession –Constitution of India– Art.366(2), 363(A), 291 – Government of India Act, 1935 – s.6. Words & Expressions –’Gaddi’ – Meaning of – Discussed. E Allowing the appeals, the Court HELD : 1.1 The facts are not in dispute. It is also not disputed…
Supreme Court of India24 Jan 2019Full text
2019 INSC 84 · [2019] 3 S.C.R. 1
H 1 2 SUPREME COURT REPORTS [2019] 3 S.C.R. A Dismissing the appeal, the Court HELD: 1.1 There is no doubt, on the basis of the evidence which has emerged, in regard to the identity of the appellant as the assailant. The dying declaration Exh. 21 has a ring of truth. The deceased specifically deposed to the clothes whi…
Also on Law on Tips: Bare Acts · Legal news and analysis