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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.
5,261–5,280 · Page 264 of 500
Supreme Court of India23 Jul 2019Full text
2019 INSC 797 · [2019] 9 S.C.R. 1036
and as a consequence the decree was rendered inexecutable by virtue of provisions of s.28 of 1963 Act – On appeal, held: The doctrine of merger is founded on the rationale that there cannot be more than one operative decree at a given point in time – The said doctrine applies irrespective of whether the Appellate Court…
Supreme Court of India23 Jul 2019Full text
2019 INSC 796 · [2019] 9 S.C.R. 668
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.
5,261–5,280 · Page 264 of 500
Supreme Court of India23 Jul 2019Full text
2019 INSC 797 · [2019] 9 S.C.R. 1036
and as a consequence the decree was rendered inexecutable by virtue of provisions of s.28 of 1963 Act – On appeal, held: The doctrine of merger is founded on the rationale that there cannot be more than one operative decree at a given point in time – The said doctrine applies irrespective of whether the Appellate Court…
Supreme Court of India23 Jul 2019Full text
2019 INSC 796 · [2019] 9 S.C.R. 668
– High Court accepted the deposition given by prosecution witnesses as reliable and trustworthy and convicted the appellants under s.304B r/w s.34 – On appeal, held: The evidence of the mother of the deceased did not reflect that deceased ever complained about E accused having harassed or beaten on account of dowry – A…
Supreme Court of India23 Jul 2019Full text
2019 INSC 795 · [2019] 9 S.C.R. 695
– High Court allowed the petition and quashed the proceedings – On appeal, held: Second proviso to s.151 of the 2003 Act specially empowers the Special Court constituted under s.153 of the 2003 Act to take cognizance of an offence without the accused being committed – In view of the specific provision under s.151 of th…
Supreme Court of India22 Jul 2019Full text
2019 INSC 793 · [2019] 10 S.C.R. 955
955 956 SUPREME COURT REPORTS [2019] 10 S.C.R. A order passed by Supreme Court on 23rd April, 2018, the respondent be paid Rs.1 lakh by the appellant, over and above the litigation expenses – Further, in exercise of the jurisdiction u/Art.142 of the Constitution, the amount of Rs 25,000/- deposited by the appellant is …
Supreme Court of India22 Jul 2019Full text
2019 INSC 791 · [2019] 9 S.C.R. 663
Criminal Appeal No. 1086 of 2019. S. S. Kulshestha, Sr. Adv., Ajeet Pandey, Danish Zubair Khan, E Rameshwar Prasad Goyal, Advs. for the Appellant. Mukul Singh, Rajat Nair, Arvind Kumar Sharma, Mukesh Kumar Maroria, Advs. for the Respondent. The Judgment of the Court was delivered by F NAVIN SINHA, J. 1. Leave granted. …
Supreme Court of India22 Jul 2019Full text
2019 INSC 789 · [2019] 10 S.C.R. 855
[2019] 10 S.C.R. 855 855 ANDHRA PRADESH POLLUTION CONTROL BOARD A v. CCL PRODUCTS (INDIA) LIMITED (Civil Appeal No. 7005 of 2017) JULY 22, 2019 B [DR. DHANANJAYA Y CHANDRACHUD AND INDIRA BANERJEE, JJ.] Water (Prevention and Control of Pollution) Act, 1974 – Environment (Protection) rules, 1986 – Respondent was C manufa…
Supreme Court of India22 Jul 2019Full text
2019 INSC 788 · [2019] 10 S.C.R. 291
Authority, however, did not examine these contentions but proceeded to reject the appeal on the ground that the penalty imposed by appropriate authority cannot be said to be unreasonable or excessive – Therefore, impugned order is set aside and appellant is relegated to Appellate Tribunal by restoring the appeal for re…
Supreme Court of India22 Jul 2019Full text
2019 INSC 787 · [2019] 9 S.C.R. 654
H 654 SANJAY RAJAK v. THE STATE OF BIHAR 655 Evidence: Identification of a person – Every individual has a A distinctive style of speaking which makes identification by those acquainted possible – Identification of a known person by voice in darkness has been well recognized in criminal jurisprudence – Even if a person…
Supreme Court of India19 Jul 2019Full text
2019 INSC 784 · [2019] 9 S.C.R. 1066
Shuvodeep Roy, Kabir Shankar Bose, Ms. Varsha Poddar, Vikram Aditya Nath, Chandan Kumar, Rituraj Biswas, Ms. Sujaya Bardhan, Rituraj Chaudhary, Satyendra Kumar Srivastav, Advs. for the Respondents. C The Order of the Court was passed by DR DHANANJAYA Y CHANDRACHUD, J. 1. Leave granted. 2. In an earlier public interest …
Supreme Court of India19 Jul 2019Full text
2019 INSC 783 · [2019] 9 S.C.R. 653
Sanjay Kharde, Samrat Shinde, Sunil Kumar Verma, Advs. for the Appellant. F Paramjit Singh Patwalia, Sr. Adv., Ravindra Keshavrao Adsure, Sagar N. Pahune Patil, Advs. for the Respondents. The Judgment of the Court was delivered by ASHOK BHUSHAN, J. G For the reasons given by us in our judgment of the date in Civil Appe…
Supreme Court of India19 Jul 2019Full text
2019 INSC 782 · [2019] 9 S.C.R. 1060
– Upheld by the Division Bench – On appeal, held: First respondent E took no steps to pursue his legal remedies when he was aggrieved by the decision of the State of Jharkhand not to relieve him from service so as to enable him to join the State of Bihar – He did not espouse his rights and remedies under the law by see…
Supreme Court of India19 Jul 2019Full text
2019 INSC 781 · [2019] 9 S.C.R. 628
Service Jurisprudence: Writ petition relating to condition of Cservice of Assistant Inspector of Motor Vehicles – High Court entertained the writ petition as PIL – Correctness of – Held: With regard to service jurisprudence, PIL are not entertained – Writ petition filed by respondent No.1 was not styled or framed as PI…
Supreme Court of India19 Jul 2019Full text
2019 INSC 780 · [2019] 9 S.C.R. 606
606 M/S TREATY CONSTRUCTION v. M/S RUBY TOWER CO-OP. 607 HSG. SOCIETY LTD. by the appellants to the respondent requires no interference – A Insofar other directions are concerned, there was no record to hold the appellants liable for compensation – In other words, there was no material on record to find if respondent-s…
Supreme Court of India18 Jul 2019Full text
2019 INSC 777 · [2019] 8 S.C.R. 1153
17.05.2019 against the respondents u/s.3 of COFEPOSA – Detention orders were served on respondents-detenues on 18.05.2019 however, compilation of documents was served on detenues on 21.05.2019 and 22.05.2019 – High Court quashed the detention orders on the ground that the relied upon documents were not served upon the …
Supreme Court of India18 Jul 2019Full text
2019 INSC 775 · [2019] 8 S.C.R. 1180
to approach the State Government for suitable relief. Allowing the appeal, the Court HELD: 1.1 With the enforcement of the Bihar Municipal Body Elementary Teachers (Employment and Service Conditions) Rules, 2006, Rule 10 governs the appointment of Nagar H 1180 STATE OF BIHAR AND ORS. v. DILIP KUMAR AND ANR 1181 Shiksha…
Supreme Court of India17 Jul 2019Full text
2019 INSC 773 · [2019] 9 S.C.R. 1052
dated 14.2.2018 decreed in favour of the plaintiff – Respondent No.1/defendant No. 5 filed review petition and stated that in the appeal before the High Court he never appeared and he was represented by a counsel who was not appointed by him – High Court allowed the review petition and recalled its judgment – On D appe…
Supreme Court of India17 Jul 2019Full text
2019 INSC 772 · [2019] 8 S.C.R. 1107
E Dismissing the appeals, the Court HELD : 1. The High Court rightly appreciated the evidence and especially the 3 sale deeds filed by the State and 3 sale deeds filed by the landowners for determining the market value of the acquired land. [Para 21] [1111-F] F 2. It is not correct to say that since the land in questio…
Supreme Court of India17 Jul 2019Full text
2019 INSC 771 · [2019] 8 S.C.R. 1142
1142 SUPREME COURT[2019]REPORTS8 S.C.R. 1142 [2019] 8 S.C.R. A RB DEALERS PRIVATE LIMITED v. THE METRO RAILWAY, KOLKATA (Special Leave Petition (Civil) No. 14078 of 2019) B JULY 17, 2019 [ARUN MISHRA AND M. R. SHAH, JJ.] Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitization and Resettlement …
Supreme Court of India17 Jul 2019Full text
2019 INSC 770 · [2019] 9 S.C.R. 593
performance of the contract against the original defendant no.1 to which the appellant is not a party and that too against the wish of the plaintiffs – No reason to interfere with the judgment of the High Court. Dismissing the appeals, the Court G HELD: Whether the plaintiffs can be compelled to implead a person in the…
Supreme Court of India22 Jan 2019Full text
2019 INSC 77 · [2019] 2 S.C.R. 477
478 SUPREME COURT REPORTS [2019] 2 S.C.R. A However, the appellant is granted liberty to apply under the proviso to s.434 of the 2013 Act (added in 2018), to transfer the winding up proceeding pending before the High Court to the NCLT, which can then be treated as proceeding u/s.9 of the Code – Companies Act, 1956 – s.…
Also on Law on Tips: Bare Acts · Legal news and analysis
– High Court accepted the deposition given by prosecution witnesses as reliable and trustworthy and convicted the appellants under s.304B r/w s.34 – On appeal, held: The evidence of the mother of the deceased did not reflect that deceased ever complained about E accused having harassed or beaten on account of dowry – A…
Supreme Court of India23 Jul 2019Full text
2019 INSC 795 · [2019] 9 S.C.R. 695
– High Court allowed the petition and quashed the proceedings – On appeal, held: Second proviso to s.151 of the 2003 Act specially empowers the Special Court constituted under s.153 of the 2003 Act to take cognizance of an offence without the accused being committed – In view of the specific provision under s.151 of th…
Supreme Court of India22 Jul 2019Full text
2019 INSC 793 · [2019] 10 S.C.R. 955
955 956 SUPREME COURT REPORTS [2019] 10 S.C.R. A order passed by Supreme Court on 23rd April, 2018, the respondent be paid Rs.1 lakh by the appellant, over and above the litigation expenses – Further, in exercise of the jurisdiction u/Art.142 of the Constitution, the amount of Rs 25,000/- deposited by the appellant is …
Supreme Court of India22 Jul 2019Full text
2019 INSC 791 · [2019] 9 S.C.R. 663
Criminal Appeal No. 1086 of 2019. S. S. Kulshestha, Sr. Adv., Ajeet Pandey, Danish Zubair Khan, E Rameshwar Prasad Goyal, Advs. for the Appellant. Mukul Singh, Rajat Nair, Arvind Kumar Sharma, Mukesh Kumar Maroria, Advs. for the Respondent. The Judgment of the Court was delivered by F NAVIN SINHA, J. 1. Leave granted. …
Supreme Court of India22 Jul 2019Full text
2019 INSC 789 · [2019] 10 S.C.R. 855
[2019] 10 S.C.R. 855 855 ANDHRA PRADESH POLLUTION CONTROL BOARD A v. CCL PRODUCTS (INDIA) LIMITED (Civil Appeal No. 7005 of 2017) JULY 22, 2019 B [DR. DHANANJAYA Y CHANDRACHUD AND INDIRA BANERJEE, JJ.] Water (Prevention and Control of Pollution) Act, 1974 – Environment (Protection) rules, 1986 – Respondent was C manufa…
Supreme Court of India22 Jul 2019Full text
2019 INSC 788 · [2019] 10 S.C.R. 291
Authority, however, did not examine these contentions but proceeded to reject the appeal on the ground that the penalty imposed by appropriate authority cannot be said to be unreasonable or excessive – Therefore, impugned order is set aside and appellant is relegated to Appellate Tribunal by restoring the appeal for re…
Supreme Court of India22 Jul 2019Full text
2019 INSC 787 · [2019] 9 S.C.R. 654
H 654 SANJAY RAJAK v. THE STATE OF BIHAR 655 Evidence: Identification of a person – Every individual has a A distinctive style of speaking which makes identification by those acquainted possible – Identification of a known person by voice in darkness has been well recognized in criminal jurisprudence – Even if a person…
Supreme Court of India19 Jul 2019Full text
2019 INSC 784 · [2019] 9 S.C.R. 1066
Shuvodeep Roy, Kabir Shankar Bose, Ms. Varsha Poddar, Vikram Aditya Nath, Chandan Kumar, Rituraj Biswas, Ms. Sujaya Bardhan, Rituraj Chaudhary, Satyendra Kumar Srivastav, Advs. for the Respondents. C The Order of the Court was passed by DR DHANANJAYA Y CHANDRACHUD, J. 1. Leave granted. 2. In an earlier public interest …
Supreme Court of India19 Jul 2019Full text
2019 INSC 783 · [2019] 9 S.C.R. 653
Sanjay Kharde, Samrat Shinde, Sunil Kumar Verma, Advs. for the Appellant. F Paramjit Singh Patwalia, Sr. Adv., Ravindra Keshavrao Adsure, Sagar N. Pahune Patil, Advs. for the Respondents. The Judgment of the Court was delivered by ASHOK BHUSHAN, J. G For the reasons given by us in our judgment of the date in Civil Appe…
Supreme Court of India19 Jul 2019Full text
2019 INSC 782 · [2019] 9 S.C.R. 1060
– Upheld by the Division Bench – On appeal, held: First respondent E took no steps to pursue his legal remedies when he was aggrieved by the decision of the State of Jharkhand not to relieve him from service so as to enable him to join the State of Bihar – He did not espouse his rights and remedies under the law by see…
Supreme Court of India19 Jul 2019Full text
2019 INSC 781 · [2019] 9 S.C.R. 628
Service Jurisprudence: Writ petition relating to condition of Cservice of Assistant Inspector of Motor Vehicles – High Court entertained the writ petition as PIL – Correctness of – Held: With regard to service jurisprudence, PIL are not entertained – Writ petition filed by respondent No.1 was not styled or framed as PI…
Supreme Court of India19 Jul 2019Full text
2019 INSC 780 · [2019] 9 S.C.R. 606
606 M/S TREATY CONSTRUCTION v. M/S RUBY TOWER CO-OP. 607 HSG. SOCIETY LTD. by the appellants to the respondent requires no interference – A Insofar other directions are concerned, there was no record to hold the appellants liable for compensation – In other words, there was no material on record to find if respondent-s…
Supreme Court of India18 Jul 2019Full text
2019 INSC 777 · [2019] 8 S.C.R. 1153
17.05.2019 against the respondents u/s.3 of COFEPOSA – Detention orders were served on respondents-detenues on 18.05.2019 however, compilation of documents was served on detenues on 21.05.2019 and 22.05.2019 – High Court quashed the detention orders on the ground that the relied upon documents were not served upon the …
Supreme Court of India18 Jul 2019Full text
2019 INSC 775 · [2019] 8 S.C.R. 1180
to approach the State Government for suitable relief. Allowing the appeal, the Court HELD: 1.1 With the enforcement of the Bihar Municipal Body Elementary Teachers (Employment and Service Conditions) Rules, 2006, Rule 10 governs the appointment of Nagar H 1180 STATE OF BIHAR AND ORS. v. DILIP KUMAR AND ANR 1181 Shiksha…
Supreme Court of India17 Jul 2019Full text
2019 INSC 773 · [2019] 9 S.C.R. 1052
dated 14.2.2018 decreed in favour of the plaintiff – Respondent No.1/defendant No. 5 filed review petition and stated that in the appeal before the High Court he never appeared and he was represented by a counsel who was not appointed by him – High Court allowed the review petition and recalled its judgment – On D appe…
Supreme Court of India17 Jul 2019Full text
2019 INSC 772 · [2019] 8 S.C.R. 1107
E Dismissing the appeals, the Court HELD : 1. The High Court rightly appreciated the evidence and especially the 3 sale deeds filed by the State and 3 sale deeds filed by the landowners for determining the market value of the acquired land. [Para 21] [1111-F] F 2. It is not correct to say that since the land in questio…
Supreme Court of India17 Jul 2019Full text
2019 INSC 771 · [2019] 8 S.C.R. 1142
1142 SUPREME COURT[2019]REPORTS8 S.C.R. 1142 [2019] 8 S.C.R. A RB DEALERS PRIVATE LIMITED v. THE METRO RAILWAY, KOLKATA (Special Leave Petition (Civil) No. 14078 of 2019) B JULY 17, 2019 [ARUN MISHRA AND M. R. SHAH, JJ.] Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitization and Resettlement …
Supreme Court of India17 Jul 2019Full text
2019 INSC 770 · [2019] 9 S.C.R. 593
performance of the contract against the original defendant no.1 to which the appellant is not a party and that too against the wish of the plaintiffs – No reason to interfere with the judgment of the High Court. Dismissing the appeals, the Court G HELD: Whether the plaintiffs can be compelled to implead a person in the…
Supreme Court of India22 Jan 2019Full text
2019 INSC 77 · [2019] 2 S.C.R. 477
478 SUPREME COURT REPORTS [2019] 2 S.C.R. A However, the appellant is granted liberty to apply under the proviso to s.434 of the 2013 Act (added in 2018), to transfer the winding up proceeding pending before the High Court to the NCLT, which can then be treated as proceeding u/s.9 of the Code – Companies Act, 1956 – s.…
Also on Law on Tips: Bare Acts · Legal news and analysis