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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.
5,281–5,300 · Page 265 of 500
Supreme Court of India16 Jul 2019Full text
2019 INSC 769 · [2019] 9 S.C.R. 851
Case Law Reference (2013) 7 SCC 316 referred to Para 4 [2008] 15 SCR 879 referred to Para 4 E CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1280 of 2019. From the Judgment and Order dated 28.03.2011 of the Armed Forces Tribunal, Principal Bench, New Delhi in O.A. No. 452 of 2010 F and order dated 16.03.2016 in M.A. N…
Supreme Court of India16 Jul 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.
5,281–5,300 · Page 265 of 500
Supreme Court of India16 Jul 2019Full text
2019 INSC 769 · [2019] 9 S.C.R. 851
Case Law Reference (2013) 7 SCC 316 referred to Para 4 [2008] 15 SCR 879 referred to Para 4 E CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1280 of 2019. From the Judgment and Order dated 28.03.2011 of the Armed Forces Tribunal, Principal Bench, New Delhi in O.A. No. 452 of 2010 F and order dated 16.03.2016 in M.A. N…
Supreme Court of India16 Jul 2019Full text
2019 INSC 768 · [2019] 10 S.C.R. 295
From the Judgment and Order dated 16.04.2018 of the High Court of Gujarat at Ahmedabad in Special Civil Application No. 5509 of 2017 Shekhar Naphade, Sr. Adv., Kunal Cheema, Ms. Aditi Parkhi, Abhikalp P. Singh, Ms. Laxmi S. Iyer, Advs. for the Appellant. E Tushar Mehta, SG, Anupam Lal Das, Sr. Adv., Rajendra Singhvi, K…
Supreme Court of India16 Jul 2019Full text
2019 INSC 767 · [2019] 9 S.C.R. 993
1.2 The High Court having dismissed the appeals filed by F the State/NTPC was, therefore, required to examine as to whether any case was made out by the landowners (appellants herein) in their cross objection for enhancement of compensation. The High Court, in para 24, dismissed the cross objection without assigning an…
Supreme Court of India16 Jul 2019Full text
2019 INSC 765 · [2019] 10 S.C.R. 894
been declared – These riders are not proper in view of clear language used in clause 5(ii) of the NCTE guidelines – Division Bench of High Court read into and/or added something more than what is provided in clause 5(ii) of the NCTE guidelines – The language H 894 OMKAR SINGH v. STATE OF U.P. & ORS. 895 used in clause …
Supreme Court of India16 Jul 2019Full text
2019 INSC 764 · [2019] 9 S.C.R. 1016
holding that copy of Inquiry Report was not supplied to the delinquent before passing order of punishment and hence violative of principles of natural justice – Appeal to Supreme Court – Held: The judgment relied on by the Division Bench, whereby non-furnishing of inquiry report was held to be violative of rules of E n…
Supreme Court of India16 Jul 2019Full text
2019 INSC 762 · [2019] 9 S.C.R. 1071
– On appeal, held: High Court cannot be said to have exceeded its D jurisdiction – It was exercised within the ambit of s. 41 – When the matter was pending in the High Court, translation and transliteration was got done of the document-gift deed – Person who had translated the document was summoned in the Court and had…
Supreme Court of India16 Jul 2019Full text
2019 INSC 761 · [2019] 9 S.C.R. 969
provided thereunder – Further, agreement dated 29.08.1969 (Exh.14/1) disclose that plaintiff did not repay Rs.5000/-and instead received a further sum of Rs.2,224/-, thus in all taking the financial assistance treated as sale consideration to Rs.7,224/- – If the reconveyance as agreed under agreement dated 10.12.1968 H…
Supreme Court of India16 Jul 2019Full text
2019 INSC 760 · [2019] 10 S.C.R. 531
– However, schedule shows 16 feet wide strip 103 feet long which ends with the outer boundary of the plot sold to defendant No. 2 – Relationship of defendant nos.1 and 2 will not negate the grant of easement right of passage granted to her in the sale deed only because the recital is generic in nature and usually put b…
Supreme Court of India16 Jul 2019Full text
2019 INSC 758 · [2019] 9 S.C.R. 979
trial court as well as first appellate court – High Court, in second appeal, decreed the suit – Appeal to Supreme Court – Held: In view of s. 46 there was a complete bar against maintainability of the suit before civil court challenging the decision of Competent Authority– However, the suit qua his wife seeking declara…
Supreme Court of India15 Jul 2019Full text
2019 INSC 757 · [2019] 9 S.C.R. 279
him to issue a cheque in the year 2014 for any alleged dues of the year 2011 – Held: According to the plaint of the respondent, commercial dealings between the parties ended on 03.06.2011 – The respondent did not state any reason as to why outstanding payment in respect of the same was made by cheque as late as 01.03.2…
Supreme Court of India15 Jul 2019Full text
2019 INSC 756 · [2019] 9 S.C.R. 949
– Respondent failed to vacate the suit house – Appellant filed Execution Petition for execution of the consent order dated 01.06.2012 for obtaining vacant possession of the suit house – E Judgment debtor died leaving behind the present respondent as legal representative of the original tenant – Respondent filed four ap…
Supreme Court of India12 Jul 2019Full text
2019 INSC 755 · [2019] 9 S.C.R. 252
there was no stay of operation of the award, it was open to the appellant to pray for release of the said amount – In the meantime, the respondent filed stay application u/s. 36(2) of the Act, 1996 and order of the unconditional stay was passed relying on the provisions of Or. XXVII, r. 8A of CPC – Relying on the order…
Supreme Court of India12 Jul 2019Full text
2019 INSC 754 · [2019] 10 S.C.R. 551
Disciplinary proceedings were initiated against the appellant and payment of his pension was held up. The bank in March 2007 called upon the appellant to indicate his willingness to join the D Pension Scheme. The appellant indicated his willingness. As per the appellant, the pension records of the appellant were not fo…
Supreme Court of India11 Jul 2019Full text
2019 INSC 752 · [2019] 9 S.C.R. 232
order dated 14.05.2009 was concerned, no relief was granted to the respondent – However, Division Bench of the High Court by order dated 15.02.2016 quashed the order dated 14.05.2009 and held appellant entitled to all consequential benefits – Since, the said order of the Division Bench of the High Court was not F chall…
Supreme Court of India11 Jul 2019Full text
2019 INSC 751 · [2019] 9 S.C.R. 212
importance – It is evident from the record that father’s intention had always been that the child got best education at a neutral environment – The Court has to take extra caution to ensure that the child is kept away from negative influences – What is in the best interest of the child depends on the facts and circumst…
Supreme Court of India11 Jul 2019Full text
2019 INSC 750 · [2019] 10 S.C.R. 560
– On appeal, held: The Exim policy is an incident of the fiscal policy of the State and of its overall control over foreign trade – As an E incident of its policy, the State may provide a regime of incentives – The provision of those incentives does not render the State a service provider or the person who avails of th…
Supreme Court of India22 Jan 2019Full text
2019 INSC 75 · [2019] 1 S.C.R. 954
H 954 V. SURENDRA MOHAN v. STATE OF TAMIL NADU 955 Persons with Disabilities (Equal Opportunities, Protection of A Rights and Full Participation) Act, 1995 – Condition of 40%-50% disability for partially blind and partially deaf categories of disabled persons in a notification for recruitment of Civil Judges (Junior Di…
Supreme Court of India11 Jul 2019Full text
2019 INSC 749 · [2019] 9 S.C.R. 585
disciplinary authority – Acquittal of the delinquent in the criminal case cannot operate ipso facto as a ground for vitiating the finding of misconduct in disciplinary proceedings – Central Reserve Police Force Act, 1949 – s. 11(1) – Central Reserve Police Force Rules, 1955 – r.27(a). F Departmental Enquiry – Standard …
Supreme Court of India11 Jul 2019Full text
2019 INSC 748 · [2019] 9 S.C.R. 905
ALL MANIPUR PENSIONERS ASSOCIATION BY ITS 907 SECRETARY v. STATE OF MANIPUR that the State Government has adopted the Central Civil Services A (Pension) Rules, to be applicable to the State of Manipur. The State has also come out with the Manipur Civil Services (Pension) Rules, 1977. It is also not in dispute that subj…
Supreme Court of India10 Jul 2019Full text
2019 INSC 747 · [2019] 9 S.C.R. 1009
of the contract and letters sent by the plaintiffs were not proved – On appeal, held: High Court went wrong on number of counts – First, to hold that time was essence in the agreement was wholly incorrect – Clause 3 of the agreement to sell has to be read along with clauses 5 and 8, which clearly show that in the natur…
Also on Law on Tips: Bare Acts · Legal news and analysis
2019 INSC 768 · [2019] 10 S.C.R. 295
From the Judgment and Order dated 16.04.2018 of the High Court of Gujarat at Ahmedabad in Special Civil Application No. 5509 of 2017 Shekhar Naphade, Sr. Adv., Kunal Cheema, Ms. Aditi Parkhi, Abhikalp P. Singh, Ms. Laxmi S. Iyer, Advs. for the Appellant. E Tushar Mehta, SG, Anupam Lal Das, Sr. Adv., Rajendra Singhvi, K…
Supreme Court of India16 Jul 2019Full text
2019 INSC 767 · [2019] 9 S.C.R. 993
1.2 The High Court having dismissed the appeals filed by F the State/NTPC was, therefore, required to examine as to whether any case was made out by the landowners (appellants herein) in their cross objection for enhancement of compensation. The High Court, in para 24, dismissed the cross objection without assigning an…
Supreme Court of India16 Jul 2019Full text
2019 INSC 765 · [2019] 10 S.C.R. 894
been declared – These riders are not proper in view of clear language used in clause 5(ii) of the NCTE guidelines – Division Bench of High Court read into and/or added something more than what is provided in clause 5(ii) of the NCTE guidelines – The language H 894 OMKAR SINGH v. STATE OF U.P. & ORS. 895 used in clause …
Supreme Court of India16 Jul 2019Full text
2019 INSC 764 · [2019] 9 S.C.R. 1016
holding that copy of Inquiry Report was not supplied to the delinquent before passing order of punishment and hence violative of principles of natural justice – Appeal to Supreme Court – Held: The judgment relied on by the Division Bench, whereby non-furnishing of inquiry report was held to be violative of rules of E n…
Supreme Court of India16 Jul 2019Full text
2019 INSC 762 · [2019] 9 S.C.R. 1071
– On appeal, held: High Court cannot be said to have exceeded its D jurisdiction – It was exercised within the ambit of s. 41 – When the matter was pending in the High Court, translation and transliteration was got done of the document-gift deed – Person who had translated the document was summoned in the Court and had…
Supreme Court of India16 Jul 2019Full text
2019 INSC 761 · [2019] 9 S.C.R. 969
provided thereunder – Further, agreement dated 29.08.1969 (Exh.14/1) disclose that plaintiff did not repay Rs.5000/-and instead received a further sum of Rs.2,224/-, thus in all taking the financial assistance treated as sale consideration to Rs.7,224/- – If the reconveyance as agreed under agreement dated 10.12.1968 H…
Supreme Court of India16 Jul 2019Full text
2019 INSC 760 · [2019] 10 S.C.R. 531
– However, schedule shows 16 feet wide strip 103 feet long which ends with the outer boundary of the plot sold to defendant No. 2 – Relationship of defendant nos.1 and 2 will not negate the grant of easement right of passage granted to her in the sale deed only because the recital is generic in nature and usually put b…
Supreme Court of India16 Jul 2019Full text
2019 INSC 758 · [2019] 9 S.C.R. 979
trial court as well as first appellate court – High Court, in second appeal, decreed the suit – Appeal to Supreme Court – Held: In view of s. 46 there was a complete bar against maintainability of the suit before civil court challenging the decision of Competent Authority– However, the suit qua his wife seeking declara…
Supreme Court of India15 Jul 2019Full text
2019 INSC 757 · [2019] 9 S.C.R. 279
him to issue a cheque in the year 2014 for any alleged dues of the year 2011 – Held: According to the plaint of the respondent, commercial dealings between the parties ended on 03.06.2011 – The respondent did not state any reason as to why outstanding payment in respect of the same was made by cheque as late as 01.03.2…
Supreme Court of India15 Jul 2019Full text
2019 INSC 756 · [2019] 9 S.C.R. 949
– Respondent failed to vacate the suit house – Appellant filed Execution Petition for execution of the consent order dated 01.06.2012 for obtaining vacant possession of the suit house – E Judgment debtor died leaving behind the present respondent as legal representative of the original tenant – Respondent filed four ap…
Supreme Court of India12 Jul 2019Full text
2019 INSC 755 · [2019] 9 S.C.R. 252
there was no stay of operation of the award, it was open to the appellant to pray for release of the said amount – In the meantime, the respondent filed stay application u/s. 36(2) of the Act, 1996 and order of the unconditional stay was passed relying on the provisions of Or. XXVII, r. 8A of CPC – Relying on the order…
Supreme Court of India12 Jul 2019Full text
2019 INSC 754 · [2019] 10 S.C.R. 551
Disciplinary proceedings were initiated against the appellant and payment of his pension was held up. The bank in March 2007 called upon the appellant to indicate his willingness to join the D Pension Scheme. The appellant indicated his willingness. As per the appellant, the pension records of the appellant were not fo…
Supreme Court of India11 Jul 2019Full text
2019 INSC 752 · [2019] 9 S.C.R. 232
order dated 14.05.2009 was concerned, no relief was granted to the respondent – However, Division Bench of the High Court by order dated 15.02.2016 quashed the order dated 14.05.2009 and held appellant entitled to all consequential benefits – Since, the said order of the Division Bench of the High Court was not F chall…
Supreme Court of India11 Jul 2019Full text
2019 INSC 751 · [2019] 9 S.C.R. 212
importance – It is evident from the record that father’s intention had always been that the child got best education at a neutral environment – The Court has to take extra caution to ensure that the child is kept away from negative influences – What is in the best interest of the child depends on the facts and circumst…
Supreme Court of India11 Jul 2019Full text
2019 INSC 750 · [2019] 10 S.C.R. 560
– On appeal, held: The Exim policy is an incident of the fiscal policy of the State and of its overall control over foreign trade – As an E incident of its policy, the State may provide a regime of incentives – The provision of those incentives does not render the State a service provider or the person who avails of th…
Supreme Court of India22 Jan 2019Full text
2019 INSC 75 · [2019] 1 S.C.R. 954
H 954 V. SURENDRA MOHAN v. STATE OF TAMIL NADU 955 Persons with Disabilities (Equal Opportunities, Protection of A Rights and Full Participation) Act, 1995 – Condition of 40%-50% disability for partially blind and partially deaf categories of disabled persons in a notification for recruitment of Civil Judges (Junior Di…
Supreme Court of India11 Jul 2019Full text
2019 INSC 749 · [2019] 9 S.C.R. 585
disciplinary authority – Acquittal of the delinquent in the criminal case cannot operate ipso facto as a ground for vitiating the finding of misconduct in disciplinary proceedings – Central Reserve Police Force Act, 1949 – s. 11(1) – Central Reserve Police Force Rules, 1955 – r.27(a). F Departmental Enquiry – Standard …
Supreme Court of India11 Jul 2019Full text
2019 INSC 748 · [2019] 9 S.C.R. 905
ALL MANIPUR PENSIONERS ASSOCIATION BY ITS 907 SECRETARY v. STATE OF MANIPUR that the State Government has adopted the Central Civil Services A (Pension) Rules, to be applicable to the State of Manipur. The State has also come out with the Manipur Civil Services (Pension) Rules, 1977. It is also not in dispute that subj…
Supreme Court of India10 Jul 2019Full text
2019 INSC 747 · [2019] 9 S.C.R. 1009
of the contract and letters sent by the plaintiffs were not proved – On appeal, held: High Court went wrong on number of counts – First, to hold that time was essence in the agreement was wholly incorrect – Clause 3 of the agreement to sell has to be read along with clauses 5 and 8, which clearly show that in the natur…
Also on Law on Tips: Bare Acts · Legal news and analysis