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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.
5,241–5,260 · Page 263 of 500
Supreme Court of India25 Jul 2019Full text
2019 INSC 817 · [2019] 9 S.C.R. 1140
apply to all arbitration where the place of arbitration is in India – s.2(1)(e) defines “court” with reference to Part-I of the Act and would govern the place of arbitration – Further, u/s.2(1)(e), if the “subject-matter of the suit” is situated within the arbitral jurisdiction of two or more courts, the parties can ag…
Supreme Court of India25 Jul 2019Full text
2019 INSC 816 · [2019] 9 S.C.R. 735
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.
5,241–5,260 · Page 263 of 500
Supreme Court of India25 Jul 2019Full text
2019 INSC 817 · [2019] 9 S.C.R. 1140
apply to all arbitration where the place of arbitration is in India – s.2(1)(e) defines “court” with reference to Part-I of the Act and would govern the place of arbitration – Further, u/s.2(1)(e), if the “subject-matter of the suit” is situated within the arbitral jurisdiction of two or more courts, the parties can ag…
Supreme Court of India25 Jul 2019Full text
2019 INSC 816 · [2019] 9 S.C.R. 735
735 736 SUPREME COURT REPORTS [2019] 9 S.C.R. A authentic or credible – The date of birth in the school first attended by second respondent and the transfer certificate of that school contained the date of birth as 17.12.1995 which matched with the the date of birth which was voluntarily disclosed by the second respond…
Supreme Court of India25 Jul 2019Full text
2019 INSC 815 · [2019] 9 S.C.R. 799
the present case, notice u/s.143(2) under which jurisdiction was assumed by the assessing officer was issued to a non-existent company – Assessment order was issued against the amalgamating company – This is substantive illegality and not procedural violation of the nature adverted to in s.292B – Despite the fact that …
Supreme Court of India25 Jul 2019Full text
2019 INSC 814 · [2019] 10 S.C.R. 73
commissioned on or after 01.04.2016 – First respondent seeking benefit of the unit rate of Rs. 5.92 fixed under the earlier tariff order on the basis that it commissioned its project on 31.03.2016 – Appellant’s case that on the basis of the data provided, power was injected into the grid on or from 01.04.2016, thus, no…
Supreme Court of India25 Jul 2019Full text
2019 INSC 813 · [2019] 9 S.C.R. 828
High Court. Dismissing the appeal, the Court HELD : 1. It is not in dispute that 28 projects were approved by the Committee by notification dated 07.12.2015 but none of them (27) has come forward to question the constitutional C validity of sub-section (7) except the appellant herein. In other words, out of 28 projects…
Supreme Court of India25 Jul 2019Full text
2019 INSC 812 · [2019] 9 S.C.R. 769
– Time and again opportunity of hearing cannot be granted on the pretext of justice – Delaying tactics cannot be rewarded in such a manner – Once the employee has failed to avail of opportunity of E hearing granted, the Bank cannot be directed to give another opportunity – Thus, the directions issued by the Division Be…
Supreme Court of India25 Jul 2019Full text
2019 INSC 811 · [2019] 9 S.C.R. 754
754 SUPREME COURT[2019]REPORTS9 S.C.R. 754 [2019] 9 S.C.R. A RANJIT KUMAR HALDAR v. STATE OF SIKKIM (Criminal Appeal No. 427 of 2014) B JULY 25, 2019 [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Penal Code, 1860: s.302 – Murder – Prosecution case was that the victim-deceased had gone with his family for work with the accus…
Supreme Court of India25 Jul 2019Full text
2019 INSC 810 · [2019] 9 S.C.R. 703
703 704 SUPREME COURT REPORTS [2019] 9 S.C.R. A chose to join the accused No. 1 and aggravated the humiliation of the girl by addressing her as younger brother’s wife or aunt – Accused persons were working with the common intention to harass and humiliate the girl with reference to her broken engagement – Such taunting…
Supreme Court of India23 Jan 2019Full text
2019 INSC 81 · [2019] 1 S.C.R. 489
[2019] 1 S.C.R. 489 489 M/S. SHANTI CONDUCTORS (P) LTD. & ANR. A v. ASSAM STATE ELECTRICITY BOARD & ORS. (Civil Appeal Nos. 8442-8443 of 2016) JANUARY 23, 2019 B [A. K. SIKRI, ASHOK BHUSHAN AND S. ABDUL NAZEER, JJ.] Interest on Delayed Payment to Small Scale Ancillary Industrial Undertakings Act, 1993 – Applicability o…
Supreme Court of India24 Jul 2019Full text
2019 INSC 809 · [2019] 11 S.C.R. 30
30 SUPREME COURT[2019]REPORTS11 S.C.R. 30 [2019] 11 S.C.R. A EX-HAV ASHOK KUMAR v. UNION OF INDIA & ORS. (Civil Appeal No.6126 of 2019) B JULY 24, 2019 [DR. DHANANJAYA Y CHANDRACHUD AND INDIRA BANERJEE, JJ.] Pension Regulations for the Army, 1961 – Regulations 173, 173-A – On completing original tenure of 24 years of s…
Supreme Court of India24 Jul 2019Full text
2019 INSC 808 · [2019] 9 S.C.R. 790
erstwhile State of Punjab prior to Nov. 1, 1966 – Statutory provisions are clear that the 1925 Act is applicable to Wills and codicils made by any Hindu, Buddhist, Sikh or Jain, who were subject to the jurisdiction of the Lieutenant-Governor of Bengal or within the local limits of the ordinary original civil jurisdicti…
Supreme Court of India24 Jul 2019Full text
2019 INSC 807 · [2019] 9 S.C.R. 1089
2. In exercise of its power of judicial review, the Court is to see whether the decision impugned is vitiated by an apparent D error of law. The test to determine whether a decision is vitiated by error apparent on the face of the record is whether the error is self-evident on the face of the record or whether the erro…
Supreme Court of India24 Jul 2019Full text
2019 INSC 806 · [2019] 9 S.C.R. 776
Act, 1976 – General Clauses Act, 1897 – s.10. Allowing the appeal, the Court HELD : 1.1 The jurisdiction of the High Court in second appeal is circumscribed by the provisions of Section 41 of the Punjab Courts Act, 1918. Prior to amendment in the Code of C Civil Procedure vide CPC (Amendment) Act, 1976 w.e.f. February …
Supreme Court of India24 Jul 2019Full text
2019 INSC 805 · [2019] 9 S.C.R. 1101
Interpretation of the EPF Act – Held: Employees’ Provident GFund and Miscellaneous Provisions Act is a beneficial social welfare legislation, enacted by the Legislature for the benefit of the workmen – Thus, the provisions have to be interpreted in a manner, beneficial to the workmen. H 1101 1102 SUPREME COURT REPORTS …
Supreme Court of India24 Jul 2019Full text
2019 INSC 804 · [2019] 9 S.C.R. 1133
order of payment of development fee – Set aside by the High Court – On appeal, held: Findings of the High Court that the land in question or the vicinity has not been developed is not the correct reading of the order passed as it has been clearly stated that 97.1% of the land acquired has been developed – Development h…
Supreme Court of India24 Jul 2019Full text
2019 INSC 803 · [2019] 9 S.C.R. 1122
B V. K. Shukla, Pramod Swarup, Sr. Advs., Ms. Pareena Swarup, Iqutedar Nazami, Praveen Swarup, Advs. for the Appellant. Alok Shukla, Nihal Ahmad, Delawer Hussain Usta, Aftab Ali Khan, M. Z. Chaudhary, Safeer Farooqi, Syed Imtiyaz Ali, Rahat Ali Chaudhary, Ms.Archana Pathak Dave, Mrs. Niranjana Singh, Advs. for the C Re…
Supreme Court of India24 Jul 2019Full text
2019 INSC 802 · [2019] 9 S.C.R. 1115
Dismissing the appeal, the Court HELD: PW-4 stated that he, along with the victim-deceased, were beaten up by the accused. He further stated that H 1115 1116 SUPREME COURT REPORTS [2019] 9 S.C.R. A he sustained injuries on the face below both the eyes. The statement of PW-5, wife of PW-4 was also to the same effect. Th…
Supreme Court of India24 Jul 2019Full text
2019 INSC 800 · [2019] 9 S.C.R. 1080
1082 SUPREME COURT REPORTS [2019] 9 S.C.R. A 8. The Arbitrator had taken note of the letters at Exhibits 68 and 70 as narrated in the very award passed by the Arbitrator. Despite the same, the Arbitrator has proceeded with the matter instead of staying his hands. In that background, the observations as made by the High…
Supreme Court of India23 Jul 2019Full text
2019 INSC 799 · [2019] 9 S.C.R. 289
289 290 SUPREME COURT REPORTS [2019] 9 S.C.R. A the builders to sub-lease the land – The officials of Authorities have acted in clear breach of public trust and have failed to act as per statutory mandate, Regulations and terms of the Lease Deed – The mortgage of the land with the Bank was without obtaining clear NOC w…
Supreme Court of India23 Jul 2019Full text
2019 INSC 798 · [2019] 10 S.C.R. 541
[2019] 10 S.C.R. 541 541 SHIV PRAKASH MISHRA A v. STATE OF UTTAR PRADESH AND ANOTHER (Criminal Appeal No.1105 of 2019) JULY 23, 2019 B [R. BANUMATHI AND A.S. BOPANNA, JJ.] Code of Criminal Procedure, 1973 – s.319 – Power under – Exercise of – Complaint lodged that respondent no.2-SCS along with other accused viz. SaS, …
Also on Law on Tips: Bare Acts · Legal news and analysis
735 736 SUPREME COURT REPORTS [2019] 9 S.C.R. A authentic or credible – The date of birth in the school first attended by second respondent and the transfer certificate of that school contained the date of birth as 17.12.1995 which matched with the the date of birth which was voluntarily disclosed by the second respond…
Supreme Court of India25 Jul 2019Full text
2019 INSC 815 · [2019] 9 S.C.R. 799
the present case, notice u/s.143(2) under which jurisdiction was assumed by the assessing officer was issued to a non-existent company – Assessment order was issued against the amalgamating company – This is substantive illegality and not procedural violation of the nature adverted to in s.292B – Despite the fact that …
Supreme Court of India25 Jul 2019Full text
2019 INSC 814 · [2019] 10 S.C.R. 73
commissioned on or after 01.04.2016 – First respondent seeking benefit of the unit rate of Rs. 5.92 fixed under the earlier tariff order on the basis that it commissioned its project on 31.03.2016 – Appellant’s case that on the basis of the data provided, power was injected into the grid on or from 01.04.2016, thus, no…
Supreme Court of India25 Jul 2019Full text
2019 INSC 813 · [2019] 9 S.C.R. 828
High Court. Dismissing the appeal, the Court HELD : 1. It is not in dispute that 28 projects were approved by the Committee by notification dated 07.12.2015 but none of them (27) has come forward to question the constitutional C validity of sub-section (7) except the appellant herein. In other words, out of 28 projects…
Supreme Court of India25 Jul 2019Full text
2019 INSC 812 · [2019] 9 S.C.R. 769
– Time and again opportunity of hearing cannot be granted on the pretext of justice – Delaying tactics cannot be rewarded in such a manner – Once the employee has failed to avail of opportunity of E hearing granted, the Bank cannot be directed to give another opportunity – Thus, the directions issued by the Division Be…
Supreme Court of India25 Jul 2019Full text
2019 INSC 811 · [2019] 9 S.C.R. 754
754 SUPREME COURT[2019]REPORTS9 S.C.R. 754 [2019] 9 S.C.R. A RANJIT KUMAR HALDAR v. STATE OF SIKKIM (Criminal Appeal No. 427 of 2014) B JULY 25, 2019 [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Penal Code, 1860: s.302 – Murder – Prosecution case was that the victim-deceased had gone with his family for work with the accus…
Supreme Court of India25 Jul 2019Full text
2019 INSC 810 · [2019] 9 S.C.R. 703
703 704 SUPREME COURT REPORTS [2019] 9 S.C.R. A chose to join the accused No. 1 and aggravated the humiliation of the girl by addressing her as younger brother’s wife or aunt – Accused persons were working with the common intention to harass and humiliate the girl with reference to her broken engagement – Such taunting…
Supreme Court of India23 Jan 2019Full text
2019 INSC 81 · [2019] 1 S.C.R. 489
[2019] 1 S.C.R. 489 489 M/S. SHANTI CONDUCTORS (P) LTD. & ANR. A v. ASSAM STATE ELECTRICITY BOARD & ORS. (Civil Appeal Nos. 8442-8443 of 2016) JANUARY 23, 2019 B [A. K. SIKRI, ASHOK BHUSHAN AND S. ABDUL NAZEER, JJ.] Interest on Delayed Payment to Small Scale Ancillary Industrial Undertakings Act, 1993 – Applicability o…
Supreme Court of India24 Jul 2019Full text
2019 INSC 809 · [2019] 11 S.C.R. 30
30 SUPREME COURT[2019]REPORTS11 S.C.R. 30 [2019] 11 S.C.R. A EX-HAV ASHOK KUMAR v. UNION OF INDIA & ORS. (Civil Appeal No.6126 of 2019) B JULY 24, 2019 [DR. DHANANJAYA Y CHANDRACHUD AND INDIRA BANERJEE, JJ.] Pension Regulations for the Army, 1961 – Regulations 173, 173-A – On completing original tenure of 24 years of s…
Supreme Court of India24 Jul 2019Full text
2019 INSC 808 · [2019] 9 S.C.R. 790
erstwhile State of Punjab prior to Nov. 1, 1966 – Statutory provisions are clear that the 1925 Act is applicable to Wills and codicils made by any Hindu, Buddhist, Sikh or Jain, who were subject to the jurisdiction of the Lieutenant-Governor of Bengal or within the local limits of the ordinary original civil jurisdicti…
Supreme Court of India24 Jul 2019Full text
2019 INSC 807 · [2019] 9 S.C.R. 1089
2. In exercise of its power of judicial review, the Court is to see whether the decision impugned is vitiated by an apparent D error of law. The test to determine whether a decision is vitiated by error apparent on the face of the record is whether the error is self-evident on the face of the record or whether the erro…
Supreme Court of India24 Jul 2019Full text
2019 INSC 806 · [2019] 9 S.C.R. 776
Act, 1976 – General Clauses Act, 1897 – s.10. Allowing the appeal, the Court HELD : 1.1 The jurisdiction of the High Court in second appeal is circumscribed by the provisions of Section 41 of the Punjab Courts Act, 1918. Prior to amendment in the Code of C Civil Procedure vide CPC (Amendment) Act, 1976 w.e.f. February …
Supreme Court of India24 Jul 2019Full text
2019 INSC 805 · [2019] 9 S.C.R. 1101
Interpretation of the EPF Act – Held: Employees’ Provident GFund and Miscellaneous Provisions Act is a beneficial social welfare legislation, enacted by the Legislature for the benefit of the workmen – Thus, the provisions have to be interpreted in a manner, beneficial to the workmen. H 1101 1102 SUPREME COURT REPORTS …
Supreme Court of India24 Jul 2019Full text
2019 INSC 804 · [2019] 9 S.C.R. 1133
order of payment of development fee – Set aside by the High Court – On appeal, held: Findings of the High Court that the land in question or the vicinity has not been developed is not the correct reading of the order passed as it has been clearly stated that 97.1% of the land acquired has been developed – Development h…
Supreme Court of India24 Jul 2019Full text
2019 INSC 803 · [2019] 9 S.C.R. 1122
B V. K. Shukla, Pramod Swarup, Sr. Advs., Ms. Pareena Swarup, Iqutedar Nazami, Praveen Swarup, Advs. for the Appellant. Alok Shukla, Nihal Ahmad, Delawer Hussain Usta, Aftab Ali Khan, M. Z. Chaudhary, Safeer Farooqi, Syed Imtiyaz Ali, Rahat Ali Chaudhary, Ms.Archana Pathak Dave, Mrs. Niranjana Singh, Advs. for the C Re…
Supreme Court of India24 Jul 2019Full text
2019 INSC 802 · [2019] 9 S.C.R. 1115
Dismissing the appeal, the Court HELD: PW-4 stated that he, along with the victim-deceased, were beaten up by the accused. He further stated that H 1115 1116 SUPREME COURT REPORTS [2019] 9 S.C.R. A he sustained injuries on the face below both the eyes. The statement of PW-5, wife of PW-4 was also to the same effect. Th…
Supreme Court of India24 Jul 2019Full text
2019 INSC 800 · [2019] 9 S.C.R. 1080
1082 SUPREME COURT REPORTS [2019] 9 S.C.R. A 8. The Arbitrator had taken note of the letters at Exhibits 68 and 70 as narrated in the very award passed by the Arbitrator. Despite the same, the Arbitrator has proceeded with the matter instead of staying his hands. In that background, the observations as made by the High…
Supreme Court of India23 Jul 2019Full text
2019 INSC 799 · [2019] 9 S.C.R. 289
289 290 SUPREME COURT REPORTS [2019] 9 S.C.R. A the builders to sub-lease the land – The officials of Authorities have acted in clear breach of public trust and have failed to act as per statutory mandate, Regulations and terms of the Lease Deed – The mortgage of the land with the Bank was without obtaining clear NOC w…
Supreme Court of India23 Jul 2019Full text
2019 INSC 798 · [2019] 10 S.C.R. 541
[2019] 10 S.C.R. 541 541 SHIV PRAKASH MISHRA A v. STATE OF UTTAR PRADESH AND ANOTHER (Criminal Appeal No.1105 of 2019) JULY 23, 2019 B [R. BANUMATHI AND A.S. BOPANNA, JJ.] Code of Criminal Procedure, 1973 – s.319 – Power under – Exercise of – Complaint lodged that respondent no.2-SCS along with other accused viz. SaS, …
Also on Law on Tips: Bare Acts · Legal news and analysis