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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.
5,321–5,340 · Page 267 of 500
Supreme Court of India4 Jul 2019Full text
2019 INSC 723 · [2019] 9 S.C.R. 47
Dismissing the appeal, the Court F HELD: 1. The State Government, in exercise of its powers conferred under Article 309 of the Constitution of India made Gujarat Civil Services Classification and Recruitment (General) Rules, 1967 vide notification dated 10.10.1967. As per sub-rule (2) of Rule 8, the appointing authorit…
Supreme Court of India3 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.
5,321–5,340 · Page 267 of 500
Supreme Court of India4 Jul 2019Full text
2019 INSC 723 · [2019] 9 S.C.R. 47
Dismissing the appeal, the Court F HELD: 1. The State Government, in exercise of its powers conferred under Article 309 of the Constitution of India made Gujarat Civil Services Classification and Recruitment (General) Rules, 1967 vide notification dated 10.10.1967. As per sub-rule (2) of Rule 8, the appointing authorit…
Supreme Court of India3 Jul 2019Full text
2019 INSC 721 · [2019] 8 S.C.R. 297
imposing ban on mining – Whether orders passed by NGT were without jurisdiction being beyond the purview of ss.14, 15 and 16 of the NGT Act, 2010 – Held: Cognizance was taken by NGT when application O.A.73 of 2014 on 17.4.2014 was admitted and order was issued – There were clear allegation in the application that inspi…
Supreme Court of India3 Jul 2019Full text
2019 INSC 720 · [2019] 9 S.C.R. 885
The appellant, who was enrolled as an Airman in the Air force, applied for and appeared in written test and interview for appointment to a civil post in a Bank. This was done without completing the mandatory period of service of seven years and without obtaining prior permission from the competent Gauthorities. Thereaf…
Supreme Court of India3 Jul 2019Full text
2019 INSC 719 · [2019] 9 S.C.R. 37
limited extent that the plaintiffs and Defendant No.12 were held to be descendents of Mutawalis and not Inamdars as held by the District Judge – Held: As far as the issue of title is concerned, that is a finding of fact arrived at by the District Judge and confirmed by the High Court – This finding cannot be disturbed …
Supreme Court of India2 Jul 2019Full text
2019 INSC 718 · [2019] 8 S.C.R. 1095
Allowing the appeal, the Court HELD : 1. The High Court has committed manifest error or so to speak, failed to exercise jurisdiction vested in it for Fadjudicating the relevant issues raised by the appellants. For, there is hardly any intelligible discussion in the impugned judgment in that regard. It is cryptic and ca…
Supreme Court of India2 Jul 2019Full text
2019 INSC 717 · [2019] 8 S.C.R. 1206
reported in [2019] 8 SCR 1190, the present contempt petition has become infructuous and hence, dismissed. CIVIL ORIGINAL JURISDICTION : Contempt Petition (Civil) No. 1721 of 2017. D Petition filed for contempt of this Court in I.A. No. 4 of 2017 in Civil Appeal No.5140 of 2019 @ Special Leave Petition (Civil) No. 5449 …
Supreme Court of India2 Jul 2019Full text
2019 INSC 716 · [2019] 8 S.C.R. 1190
of Writ Petition No.18500(W) of 1985 inter alia praying that the respondents be restrained from proceeding with any advertisement for sale of suit property– Single Judge of the High Court vide order dtd. 31st March, 2006 held that the application was not maintainable – Respondents filed appeal – Dismissed vide order dt…
Supreme Court of India2 Jul 2019Full text
2019 INSC 715 · [2019] 8 S.C.R. 1071
[2019] 8 S.C.R. 1071 1071 THE STATE OF JHARKHAND & ORS. A v. M/S AJANTA BOTTLERS & BLENDERS PVT. LTD. (Civil Appeal No. 5138 of 2019) JULY 02, 2019 B [A. M. KHANWILKAR AND AJAY RASTOGI, JJ.] Jharkhand Excise Act, 1915 – s.90 – Revenue Board notification dated 06.11.2012 – r.106 (Tha) – Levy of import fee on rectified s…
Supreme Court of India2 Jul 2019Full text
2019 INSC 714 · [2019] 9 S.C.R. 29
cordon and carry out search in a village in the Jammu and Kashmir – On reaching the village there was exchange of fire, after which the militants took cover in a maize field – When the appellant and the group in which he was given the responsibility to search the house was searching the said house, they heard firing fr…
Supreme Court of India2 Jul 2019Full text
2019 INSC 713 · [2019] 9 S.C.R. 10
the instance of defendant nos.35 was not maintainable, cannot be accepted –In the written statement, defendant nos.1 & 2 admitted that defendant no.3 and late ‘M’ were the children of ‘JDA’ – Nothing has been pointed out that unlike in Hindu law, there is any law prohibiting the Christian couple to adopt male or female…
Supreme Court of India2 Jul 2019Full text
2019 INSC 712 · [2019] 8 S.C.R. 899
KST). Ms. Charanya Lakshmikumaran, Shanthakukmar Mahale, Aaditya Bhattacharya, Ms. Apeksha Mehta, Victor Das, Manish Rastogi, Rajesh Mahale, Advs. for the Appellant. E Devadatt Kamat, Sr. Adv./AAG, V.N. Raghupathy, Javedur Rahman, Rajesh Inamdar, Aditya Bhat, Manendra Pal Gupta, Advs. for the Respondents. The Judgment …
Supreme Court of India2 Jul 2019Full text
2019 INSC 711 · [2019] 8 S.C.R. 1017
M/S ADANI POWER (MUNDRA) LTD. v. GUJARAT 1019 ELECTRICITY REGULATORY COMMISSION compensatory tariff payable to the appellant from the date of A termination of the PPA – CERC (Terms and Conditions of Tariff) Regulations 2009. Doctrines/Principles – Principle of Business Efficacy – Discussed. B Allowing the appeal,…
Supreme Court of India1 Jul 2019Full text
2019 INSC 710 · [2019] 8 S.C.R. 811
[2019] 8 S.C.R. 811 811 SATVINDER SINGH @ SATVINDER SINGH SALUJA & ORS. A v. THE STATE OF BIHAR (Criminal Appeal No. 951 of 2019) JULY 01, 2019 B [ASHOK BHUSHAN AND K. M. JOSEPH, JJ.] Bihar Excise Act, 1915: ss. 2(17A) and 53(a) [as inserted by Bihar Excise (Amendment) Act, 2016] – Offence of Consumption of liquor in p…
Supreme Court of India22 Jan 2019Full text
2019 INSC 71 · [2019] 1 S.C.R. 941
– However, the High Court confirmed the judgment and decree E passed by the trial Court – Appellants-defendants contended that plaintiff was not the son of ‘M’ as he was born in the year 1949 and his alleged father ‘M’ had expired in the year 1947 and furthermore, ‘V’ was a Hindu woman by religion she had no right over…
Supreme Court of India1 Jul 2019Full text
2019 INSC 709 · [2019] 8 S.C.R. 799
judicial mind to determine as to whether prima facie case is made out against the accused – The facts of the present case persuaded the trial court to arrive at a conclusion that prima facie case of alleged offences were made out, truth and veracity of which was to be examined during the course of trial – Order of cour…
Supreme Court of India1 Jul 2019Full text
2019 INSC 708 · [2019] 8 S.C.R. 999
– Hindu Succession Act, 1956 – Doctrine of lis pendens. Family Law – Power of Karta to sell coparcenary property – C Held: Power of Karta to sell coparcenary property is subject to certain restrictions viz. the sale should be for legal necessity or for the benefit of the estate – Onus for establishing the existence of …
Supreme Court of India1 Jul 2019Full text
2019 INSC 707 · [2019] 8 S.C.R. 1058
D Allowing the appeals, the Court HELD : 1. The plaint can and must be rejected in exercise of powers under Order 7 Rule 11(d) of CPC on account of non-compliance of mandatory requirements or being replete with any E institutional deficiency at the time of presentation of the plaint, ascribable to clauses (a) to (f) of…
Supreme Court of India1 Jul 2019Full text
2019 INSC 706 · [2019] 8 S.C.R. 824
H 824 PRADEEP RAM v. THE STATE OF JHARKHAND & ANR. 825 FIR: A Re-registration of FIR – After addition of offences under Unlawful Activities (Prevention) Act, to the FIR – Whether barred being a second FIR – Held: Second FIR with regard to the same offences is barred – But, in the facts of the present case, re-registrat…
Supreme Court of India1 Jul 2019Full text
2019 INSC 705 · [2019] 8 S.C.R. 927
HELD : 1. The crux of the controversy is the jurisdiction and the extent to which the court can examine the determination D of the fee structure by the Telangana Admission and Fee Regulatory Committee (TAFRC) and approved by the State government, in exercise of the powers of judicial review. The TAFRC, a statutory body…
Supreme Court of India1 Jul 2019Full text
2019 INSC 704 · [2019] 8 S.C.R. 986
986 SUPREME COURT[2019]REPORTS8 S.C.R. 986 [2019] 8 S.C.R. A PARMINDER SINGH v. NEW INDIA ASSURANCE CO. LTD. & ORS. (Civil Appeal No. 5123 of 2019) B JULY 01, 2019 [INDU MALHOTRA AND M. R. SHAH, JJ.] Motor Vehicles Act, 1988 – Permannet disbaility due to accident – Driver of the offending vehicle not possessing valid d…
Also on Law on Tips: Bare Acts · Legal news and analysis
2019 INSC 721 · [2019] 8 S.C.R. 297
imposing ban on mining – Whether orders passed by NGT were without jurisdiction being beyond the purview of ss.14, 15 and 16 of the NGT Act, 2010 – Held: Cognizance was taken by NGT when application O.A.73 of 2014 on 17.4.2014 was admitted and order was issued – There were clear allegation in the application that inspi…
Supreme Court of India3 Jul 2019Full text
2019 INSC 720 · [2019] 9 S.C.R. 885
The appellant, who was enrolled as an Airman in the Air force, applied for and appeared in written test and interview for appointment to a civil post in a Bank. This was done without completing the mandatory period of service of seven years and without obtaining prior permission from the competent Gauthorities. Thereaf…
Supreme Court of India3 Jul 2019Full text
2019 INSC 719 · [2019] 9 S.C.R. 37
limited extent that the plaintiffs and Defendant No.12 were held to be descendents of Mutawalis and not Inamdars as held by the District Judge – Held: As far as the issue of title is concerned, that is a finding of fact arrived at by the District Judge and confirmed by the High Court – This finding cannot be disturbed …
Supreme Court of India2 Jul 2019Full text
2019 INSC 718 · [2019] 8 S.C.R. 1095
Allowing the appeal, the Court HELD : 1. The High Court has committed manifest error or so to speak, failed to exercise jurisdiction vested in it for Fadjudicating the relevant issues raised by the appellants. For, there is hardly any intelligible discussion in the impugned judgment in that regard. It is cryptic and ca…
Supreme Court of India2 Jul 2019Full text
2019 INSC 717 · [2019] 8 S.C.R. 1206
reported in [2019] 8 SCR 1190, the present contempt petition has become infructuous and hence, dismissed. CIVIL ORIGINAL JURISDICTION : Contempt Petition (Civil) No. 1721 of 2017. D Petition filed for contempt of this Court in I.A. No. 4 of 2017 in Civil Appeal No.5140 of 2019 @ Special Leave Petition (Civil) No. 5449 …
Supreme Court of India2 Jul 2019Full text
2019 INSC 716 · [2019] 8 S.C.R. 1190
of Writ Petition No.18500(W) of 1985 inter alia praying that the respondents be restrained from proceeding with any advertisement for sale of suit property– Single Judge of the High Court vide order dtd. 31st March, 2006 held that the application was not maintainable – Respondents filed appeal – Dismissed vide order dt…
Supreme Court of India2 Jul 2019Full text
2019 INSC 715 · [2019] 8 S.C.R. 1071
[2019] 8 S.C.R. 1071 1071 THE STATE OF JHARKHAND & ORS. A v. M/S AJANTA BOTTLERS & BLENDERS PVT. LTD. (Civil Appeal No. 5138 of 2019) JULY 02, 2019 B [A. M. KHANWILKAR AND AJAY RASTOGI, JJ.] Jharkhand Excise Act, 1915 – s.90 – Revenue Board notification dated 06.11.2012 – r.106 (Tha) – Levy of import fee on rectified s…
Supreme Court of India2 Jul 2019Full text
2019 INSC 714 · [2019] 9 S.C.R. 29
cordon and carry out search in a village in the Jammu and Kashmir – On reaching the village there was exchange of fire, after which the militants took cover in a maize field – When the appellant and the group in which he was given the responsibility to search the house was searching the said house, they heard firing fr…
Supreme Court of India2 Jul 2019Full text
2019 INSC 713 · [2019] 9 S.C.R. 10
the instance of defendant nos.35 was not maintainable, cannot be accepted –In the written statement, defendant nos.1 & 2 admitted that defendant no.3 and late ‘M’ were the children of ‘JDA’ – Nothing has been pointed out that unlike in Hindu law, there is any law prohibiting the Christian couple to adopt male or female…
Supreme Court of India2 Jul 2019Full text
2019 INSC 712 · [2019] 8 S.C.R. 899
KST). Ms. Charanya Lakshmikumaran, Shanthakukmar Mahale, Aaditya Bhattacharya, Ms. Apeksha Mehta, Victor Das, Manish Rastogi, Rajesh Mahale, Advs. for the Appellant. E Devadatt Kamat, Sr. Adv./AAG, V.N. Raghupathy, Javedur Rahman, Rajesh Inamdar, Aditya Bhat, Manendra Pal Gupta, Advs. for the Respondents. The Judgment …
Supreme Court of India2 Jul 2019Full text
2019 INSC 711 · [2019] 8 S.C.R. 1017
M/S ADANI POWER (MUNDRA) LTD. v. GUJARAT 1019 ELECTRICITY REGULATORY COMMISSION compensatory tariff payable to the appellant from the date of A termination of the PPA – CERC (Terms and Conditions of Tariff) Regulations 2009. Doctrines/Principles – Principle of Business Efficacy – Discussed. B Allowing the appeal,…
Supreme Court of India1 Jul 2019Full text
2019 INSC 710 · [2019] 8 S.C.R. 811
[2019] 8 S.C.R. 811 811 SATVINDER SINGH @ SATVINDER SINGH SALUJA & ORS. A v. THE STATE OF BIHAR (Criminal Appeal No. 951 of 2019) JULY 01, 2019 B [ASHOK BHUSHAN AND K. M. JOSEPH, JJ.] Bihar Excise Act, 1915: ss. 2(17A) and 53(a) [as inserted by Bihar Excise (Amendment) Act, 2016] – Offence of Consumption of liquor in p…
Supreme Court of India22 Jan 2019Full text
2019 INSC 71 · [2019] 1 S.C.R. 941
– However, the High Court confirmed the judgment and decree E passed by the trial Court – Appellants-defendants contended that plaintiff was not the son of ‘M’ as he was born in the year 1949 and his alleged father ‘M’ had expired in the year 1947 and furthermore, ‘V’ was a Hindu woman by religion she had no right over…
Supreme Court of India1 Jul 2019Full text
2019 INSC 709 · [2019] 8 S.C.R. 799
judicial mind to determine as to whether prima facie case is made out against the accused – The facts of the present case persuaded the trial court to arrive at a conclusion that prima facie case of alleged offences were made out, truth and veracity of which was to be examined during the course of trial – Order of cour…
Supreme Court of India1 Jul 2019Full text
2019 INSC 708 · [2019] 8 S.C.R. 999
– Hindu Succession Act, 1956 – Doctrine of lis pendens. Family Law – Power of Karta to sell coparcenary property – C Held: Power of Karta to sell coparcenary property is subject to certain restrictions viz. the sale should be for legal necessity or for the benefit of the estate – Onus for establishing the existence of …
Supreme Court of India1 Jul 2019Full text
2019 INSC 707 · [2019] 8 S.C.R. 1058
D Allowing the appeals, the Court HELD : 1. The plaint can and must be rejected in exercise of powers under Order 7 Rule 11(d) of CPC on account of non-compliance of mandatory requirements or being replete with any E institutional deficiency at the time of presentation of the plaint, ascribable to clauses (a) to (f) of…
Supreme Court of India1 Jul 2019Full text
2019 INSC 706 · [2019] 8 S.C.R. 824
H 824 PRADEEP RAM v. THE STATE OF JHARKHAND & ANR. 825 FIR: A Re-registration of FIR – After addition of offences under Unlawful Activities (Prevention) Act, to the FIR – Whether barred being a second FIR – Held: Second FIR with regard to the same offences is barred – But, in the facts of the present case, re-registrat…
Supreme Court of India1 Jul 2019Full text
2019 INSC 705 · [2019] 8 S.C.R. 927
HELD : 1. The crux of the controversy is the jurisdiction and the extent to which the court can examine the determination D of the fee structure by the Telangana Admission and Fee Regulatory Committee (TAFRC) and approved by the State government, in exercise of the powers of judicial review. The TAFRC, a statutory body…
Supreme Court of India1 Jul 2019Full text
2019 INSC 704 · [2019] 8 S.C.R. 986
986 SUPREME COURT[2019]REPORTS8 S.C.R. 986 [2019] 8 S.C.R. A PARMINDER SINGH v. NEW INDIA ASSURANCE CO. LTD. & ORS. (Civil Appeal No. 5123 of 2019) B JULY 01, 2019 [INDU MALHOTRA AND M. R. SHAH, JJ.] Motor Vehicles Act, 1988 – Permannet disbaility due to accident – Driver of the offending vehicle not possessing valid d…
Also on Law on Tips: Bare Acts · Legal news and analysis