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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.
5,221–5,240 · Page 262 of 500
Supreme Court of India30 Jul 2019Full text
2019 INSC 839 · [2019] 10 S.C.R. 949
was u/s. 439(2) Cr.P.C. i.e. an application for cancellation of bail, but the grounds raised in the application show that it was only challenging the order of grant of bail on the ground that it was an arbitrary exercise of discretion – The considerations applicable for cancellation of bail and for challenging the orde…
Supreme Court of India30 Jul 2019Full text
2019 INSC 838 · [2019] 10 S.C.R. 910
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.
5,221–5,240 · Page 262 of 500
Supreme Court of India30 Jul 2019Full text
2019 INSC 839 · [2019] 10 S.C.R. 949
was u/s. 439(2) Cr.P.C. i.e. an application for cancellation of bail, but the grounds raised in the application show that it was only challenging the order of grant of bail on the ground that it was an arbitrary exercise of discretion – The considerations applicable for cancellation of bail and for challenging the orde…
Supreme Court of India30 Jul 2019Full text
2019 INSC 838 · [2019] 10 S.C.R. 910
- – High Court upheld the order but reduced the percentage from 20% of the cheque amount to 15% of the cheque amount – Held: Sub-Sec.(5) of s.143A stipulates that the interim compensation could be recovered as if it were a fine u/s. 421, CrPC – s.421 appears in E Chapter XXXII of the Code dealing with ‘Execution, Suspe…
Supreme Court of India30 Jul 2019Full text
2019 INSC 837 · [2019] 10 S.C.R. 774
The Judgment of the Court was delivered by NAVIN SINHA, J. 1. The appellant assails his conviction and sentence under Sections G 8 and 15 of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as “the NDPS Act”) for 15 years along with fine of Rs.1,50,000/- under Section 31 of the NDPS…
Supreme Court of India30 Jul 2019Full text
2019 INSC 835 · [2019] 10 S.C.R. 353
as illegal and directed reinstatement with full back wages – In writ petition, order of the Labour Court was upheld so far as finding on termination order, but instead of full back wages granted back wages only to the extent of 30% – Appeal to Supreme Court – Held: Termination of the employee/workman in terms of Regula…
Supreme Court of India30 Jul 2019Full text
2019 INSC 834 · [2019] 10 S.C.R. 924
926 SUPREME COURT REPORTS [2019] 10 S.C.R. A B. H. Marlapalle, Sr. Adv., Ms. Astha Prasad, Ajit Wagh, Apoorv Shukla, Ms. Astha Prasad, Advs. for the Appellants. Vinay Navare, Sr. Adv, Ms. Gwen Karthika, Ms. Abha R. Sharma, Advs. for the Respondents. The Judgment of the Court was delivered by B UDAY UMESH LALIT, J. 1. L…
Supreme Court of India30 Jul 2019Full text
2019 INSC 833 · [2019] 10 S.C.R. 375
consideration of Rs.8.31 crores, the Respondents had paid Rs.8.14 crores by November, 2013 – Though the Appellants had undertaken to complete the villa by 31.12.2014, they failed to discharge the obligation – As late as on 28.05.2014, the Revised Construction Schedule had shown the date of delivery of possession to be …
Supreme Court of India30 Jul 2019Full text
2019 INSC 832 · [2019] 10 S.C.R. 570
paid as compensation to the injured PW-6 and PW-7. Since the enhanced compensation was paid by accused No.1 which is said to have been withdrawn by injured-victims, for conviction under…
Supreme Court of India23 Jan 2019Full text
2019 INSC 83 · [2019] 2 S.C.R. 493
B Disposing of the appeals, the Court HELD: 1.1 Clause 2.15 of the tender conditions made it clear that it is only at a pre-tender stage that a clarification may be obtained regarding tender conditions. Sub-clause 4 of Clause 2.15 is important because all tenderers were cautioned by this C Clause that tenders containin…
Supreme Court of India30 Jul 2019Full text
2019 INSC 829 · [2019] 10 S.C.R. 647
of 110 KV was not issued since the transmission lines were not ready – High Court directed the State Government to deal with the representations submitted by the appellant – Pursuant to order of High Court, State Government passed order on 7 February 2001 opining inter alia that appellant was not entitled to the benefi…
Supreme Court of India30 Jul 2019Full text
2019 INSC 828 · [2019] 10 S.C.R. 779
– Further, such explanation would be necessary, if the prosecution had discharged the initial onus on it – Therefore, the appellant was not required to explain the circumstances of body parts being found in ‘Bitora’ – Further, PW-4, 5 were inimical towards the appellant G inasmuch as she had filed a suit for claiming a…
Supreme Court of India30 Jul 2019Full text
2019 INSC 827 · [2019] 10 S.C.R. 360
Allowing the appeal, the Court HELD: 1. From a reading of the terms of the compromise deed dated 11.12.2001, it is clear that the parties have substituted C a new agreement by way of compromise. As per the agreement dated 01.05.1997, the appellant was the clearing and forwarding agent for the entire north-eastern regio…
Supreme Court of India29 Jul 2019Full text
2019 INSC 825 · [2019] 10 S.C.R. 321
grant of bail – Bail. Allowing the appeals, the Court HELD: 1. Though it may not be necessary to give categorical finding while granting or rejecting the bail for want of full evidence adduced by the prosecution as also by the defence E at that stage, yet it must appear from a perusal of the order that the Court has ap…
Supreme Court of India29 Jul 2019Full text
2019 INSC 824 · [2019] 10 S.C.R. 327
327 328 SUPREME COURT REPORTS [2019] 10 S.C.R. A Uttar Pradesh State Road Transport Corporation v. Mamta & Ors., (2016) 4 SCC 172 ; G. Saraswathi & Ors. v. Rathinammal & Ors. (2018) 3 SCC 340 : [2018] 2 SCR 548 ; Central Board of Trustees v. Indore Composite Pvt. Ltd., (2018) 8 SCC 443 : [2018] 7 SCR 1130 – referred to…
Supreme Court of India29 Jul 2019Full text
2019 INSC 823 · [2019] 10 S.C.R. 304
B Constitution of India – Art.226 – High Court’s jurisdiction under –Contracts excluding the jurisdiction of all courts vis-a-vis contract conferring jurisdiction on one amongst multiple courts having proper jurisdiction – Validity of such contracts – Discussed– Indian Contract Act, 1872 – s.28. C Appellant-Society was…
Supreme Court of India29 Jul 2019Full text
2019 INSC 822 · [2019] 9 S.C.R. 1175
of Rs.12,350/- against the bill raised by the travel agent – Money receipt was filed in the proceedings, which was not disbelieved – Also, the tender in question was ultimately cancelled, hence it is not a case of any benefit obtained from the successful bidder out of the tender –Further, imposition of punishment of wi…
Supreme Court of India29 Jul 2019Full text
2019 INSC 821 · [2019] 9 S.C.R. 859
– On 28.03.2012, G.O.Ms No.86 was issued whereby the I & A charges for different categories and building falling under the jurisdiction of the appellant stood increased – Pursuant thereto, a demand notice was issued on 22.08.2012 by the appellant by which demand was revised under two heads, i.e. balance I & A charges F…
Supreme Court of India29 Jul 2019Full text
2019 INSC 820 · [2019] 9 S.C.R. 1155
Allowing the appeal, the Court HELD: 1. The scope and ambit of Rule 101 of Order XXI Fof CPC prior to amendment of CPC was entirely different as compared to Rule 101 as was brought into statute after 1976 amendment. Earlier a person who was a bona fide claimant and who satisfied that he was in possession of the propert…
Supreme Court of India23 Jan 2019Full text
2019 INSC 82 · [2019] 1 S.C.R. 559
RAJASTHAN SMALL INDUSTRIES CORPN. LTD. v. GANESH 561 CONTAINERS MOVERS SYNDICATE the Arbitral Tribunal could have given further opportunity to the A respondent to put forth his case – The proceedings of the Arbitral Tribunal was pending for quite some time from 2009 till 2015 and after the respondent approached the Hig…
Supreme Court of India29 Jul 2019Full text
2019 INSC 819 · [2019] 10 S.C.R. 333
Single Judge of the High Court upheld the order dated 30.03.1994 – The appellants and vendor (respondent No.3) filed separate intra court appeals before the Division Bench of High Court – Division Bench of the High Court dismissed the appellants’ appeal, however, partly allowed the vendor’s appeal with the direction th…
Supreme Court of India26 Jul 2019Full text
2019 INSC 818 · [2019] 9 S.C.R. 843
– Accordingly, compensation enhanced from Rs.3 lakhs to Rs.5 lakhs. G Disposing of the appeals, the Court Held: 1. The High Court has rightly directed to register a criminal case for the offence punishable under Section 302 of the IPC with respect to the death of victim and looking to the gravity H 843 844 SUPREME COUR…
Also on Law on Tips: Bare Acts · Legal news and analysis
- – High Court upheld the order but reduced the percentage from 20% of the cheque amount to 15% of the cheque amount – Held: Sub-Sec.(5) of s.143A stipulates that the interim compensation could be recovered as if it were a fine u/s. 421, CrPC – s.421 appears in E Chapter XXXII of the Code dealing with ‘Execution, Suspe…
Supreme Court of India30 Jul 2019Full text
2019 INSC 837 · [2019] 10 S.C.R. 774
The Judgment of the Court was delivered by NAVIN SINHA, J. 1. The appellant assails his conviction and sentence under Sections G 8 and 15 of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as “the NDPS Act”) for 15 years along with fine of Rs.1,50,000/- under Section 31 of the NDPS…
Supreme Court of India30 Jul 2019Full text
2019 INSC 835 · [2019] 10 S.C.R. 353
as illegal and directed reinstatement with full back wages – In writ petition, order of the Labour Court was upheld so far as finding on termination order, but instead of full back wages granted back wages only to the extent of 30% – Appeal to Supreme Court – Held: Termination of the employee/workman in terms of Regula…
Supreme Court of India30 Jul 2019Full text
2019 INSC 834 · [2019] 10 S.C.R. 924
926 SUPREME COURT REPORTS [2019] 10 S.C.R. A B. H. Marlapalle, Sr. Adv., Ms. Astha Prasad, Ajit Wagh, Apoorv Shukla, Ms. Astha Prasad, Advs. for the Appellants. Vinay Navare, Sr. Adv, Ms. Gwen Karthika, Ms. Abha R. Sharma, Advs. for the Respondents. The Judgment of the Court was delivered by B UDAY UMESH LALIT, J. 1. L…
Supreme Court of India30 Jul 2019Full text
2019 INSC 833 · [2019] 10 S.C.R. 375
consideration of Rs.8.31 crores, the Respondents had paid Rs.8.14 crores by November, 2013 – Though the Appellants had undertaken to complete the villa by 31.12.2014, they failed to discharge the obligation – As late as on 28.05.2014, the Revised Construction Schedule had shown the date of delivery of possession to be …
Supreme Court of India30 Jul 2019Full text
2019 INSC 832 · [2019] 10 S.C.R. 570
paid as compensation to the injured PW-6 and PW-7. Since the enhanced compensation was paid by accused No.1 which is said to have been withdrawn by injured-victims, for conviction under…
Supreme Court of India23 Jan 2019Full text
2019 INSC 83 · [2019] 2 S.C.R. 493
B Disposing of the appeals, the Court HELD: 1.1 Clause 2.15 of the tender conditions made it clear that it is only at a pre-tender stage that a clarification may be obtained regarding tender conditions. Sub-clause 4 of Clause 2.15 is important because all tenderers were cautioned by this C Clause that tenders containin…
Supreme Court of India30 Jul 2019Full text
2019 INSC 829 · [2019] 10 S.C.R. 647
of 110 KV was not issued since the transmission lines were not ready – High Court directed the State Government to deal with the representations submitted by the appellant – Pursuant to order of High Court, State Government passed order on 7 February 2001 opining inter alia that appellant was not entitled to the benefi…
Supreme Court of India30 Jul 2019Full text
2019 INSC 828 · [2019] 10 S.C.R. 779
– Further, such explanation would be necessary, if the prosecution had discharged the initial onus on it – Therefore, the appellant was not required to explain the circumstances of body parts being found in ‘Bitora’ – Further, PW-4, 5 were inimical towards the appellant G inasmuch as she had filed a suit for claiming a…
Supreme Court of India30 Jul 2019Full text
2019 INSC 827 · [2019] 10 S.C.R. 360
Allowing the appeal, the Court HELD: 1. From a reading of the terms of the compromise deed dated 11.12.2001, it is clear that the parties have substituted C a new agreement by way of compromise. As per the agreement dated 01.05.1997, the appellant was the clearing and forwarding agent for the entire north-eastern regio…
Supreme Court of India29 Jul 2019Full text
2019 INSC 825 · [2019] 10 S.C.R. 321
grant of bail – Bail. Allowing the appeals, the Court HELD: 1. Though it may not be necessary to give categorical finding while granting or rejecting the bail for want of full evidence adduced by the prosecution as also by the defence E at that stage, yet it must appear from a perusal of the order that the Court has ap…
Supreme Court of India29 Jul 2019Full text
2019 INSC 824 · [2019] 10 S.C.R. 327
327 328 SUPREME COURT REPORTS [2019] 10 S.C.R. A Uttar Pradesh State Road Transport Corporation v. Mamta & Ors., (2016) 4 SCC 172 ; G. Saraswathi & Ors. v. Rathinammal & Ors. (2018) 3 SCC 340 : [2018] 2 SCR 548 ; Central Board of Trustees v. Indore Composite Pvt. Ltd., (2018) 8 SCC 443 : [2018] 7 SCR 1130 – referred to…
Supreme Court of India29 Jul 2019Full text
2019 INSC 823 · [2019] 10 S.C.R. 304
B Constitution of India – Art.226 – High Court’s jurisdiction under –Contracts excluding the jurisdiction of all courts vis-a-vis contract conferring jurisdiction on one amongst multiple courts having proper jurisdiction – Validity of such contracts – Discussed– Indian Contract Act, 1872 – s.28. C Appellant-Society was…
Supreme Court of India29 Jul 2019Full text
2019 INSC 822 · [2019] 9 S.C.R. 1175
of Rs.12,350/- against the bill raised by the travel agent – Money receipt was filed in the proceedings, which was not disbelieved – Also, the tender in question was ultimately cancelled, hence it is not a case of any benefit obtained from the successful bidder out of the tender –Further, imposition of punishment of wi…
Supreme Court of India29 Jul 2019Full text
2019 INSC 821 · [2019] 9 S.C.R. 859
– On 28.03.2012, G.O.Ms No.86 was issued whereby the I & A charges for different categories and building falling under the jurisdiction of the appellant stood increased – Pursuant thereto, a demand notice was issued on 22.08.2012 by the appellant by which demand was revised under two heads, i.e. balance I & A charges F…
Supreme Court of India29 Jul 2019Full text
2019 INSC 820 · [2019] 9 S.C.R. 1155
Allowing the appeal, the Court HELD: 1. The scope and ambit of Rule 101 of Order XXI Fof CPC prior to amendment of CPC was entirely different as compared to Rule 101 as was brought into statute after 1976 amendment. Earlier a person who was a bona fide claimant and who satisfied that he was in possession of the propert…
Supreme Court of India23 Jan 2019Full text
2019 INSC 82 · [2019] 1 S.C.R. 559
RAJASTHAN SMALL INDUSTRIES CORPN. LTD. v. GANESH 561 CONTAINERS MOVERS SYNDICATE the Arbitral Tribunal could have given further opportunity to the A respondent to put forth his case – The proceedings of the Arbitral Tribunal was pending for quite some time from 2009 till 2015 and after the respondent approached the Hig…
Supreme Court of India29 Jul 2019Full text
2019 INSC 819 · [2019] 10 S.C.R. 333
Single Judge of the High Court upheld the order dated 30.03.1994 – The appellants and vendor (respondent No.3) filed separate intra court appeals before the Division Bench of High Court – Division Bench of the High Court dismissed the appellants’ appeal, however, partly allowed the vendor’s appeal with the direction th…
Supreme Court of India26 Jul 2019Full text
2019 INSC 818 · [2019] 9 S.C.R. 843
– Accordingly, compensation enhanced from Rs.3 lakhs to Rs.5 lakhs. G Disposing of the appeals, the Court Held: 1. The High Court has rightly directed to register a criminal case for the offence punishable under Section 302 of the IPC with respect to the death of victim and looking to the gravity H 843 844 SUPREME COUR…
Also on Law on Tips: Bare Acts · Legal news and analysis