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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.
5,381–5,400 · Page 270 of 500
Supreme Court of India8 May 2019Full text
2019 INSC 651 · [2019] 8 S.C.R. 625
With B Civil Appeal Nos. 4790-4793, 4786-4789 of 2019. Romy Chacko, Shapti Chand J., Vishant Singh, Advs. for the Appellant. V. Giri, Jayanth Muthraj, Sr. Advs., Ranjan Kumar, Mohammed Sadique T.R., Anu K. Joy, Amith Krishnan, Alim Anvar, G. Prakash, C Jishnu M.L., Mrs. Priyanka Prakash, Mrs. Beena Prakash, M.T. George…
Supreme Court of India8 May 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.
5,381–5,400 · Page 270 of 500
Supreme Court of India8 May 2019Full text
2019 INSC 651 · [2019] 8 S.C.R. 625
With B Civil Appeal Nos. 4790-4793, 4786-4789 of 2019. Romy Chacko, Shapti Chand J., Vishant Singh, Advs. for the Appellant. V. Giri, Jayanth Muthraj, Sr. Advs., Ranjan Kumar, Mohammed Sadique T.R., Anu K. Joy, Amith Krishnan, Alim Anvar, G. Prakash, C Jishnu M.L., Mrs. Priyanka Prakash, Mrs. Beena Prakash, M.T. George…
Supreme Court of India8 May 2019Full text
2019 INSC 650 · [2019] 7 S.C.R. 460
HELD : 1. The following elements must be established under Section 16(1)(n) of the Maharashtra Rent Control Act, 1999 - the premises must have been let out for a particular purpose; there must be non-user by the tenant for the purpose; the non-user must be without reasonable cause; the non-user must be C for a continuo…
Supreme Court of India22 Jan 2019Full text
2019 INSC 65 · [2019] 1 S.C.R. 477
1.3 Sub-section (2) of Section 3 of the KPF Act provides for G the exemption of the private forest from vesting. The appointed day for the purpose of Section 3 is 10.5.1971, which is clear from Section 2(a) of the KPF Act. Sub-section (2) of Section 3 states that the land comprised in private forest held by an owner un…
Supreme Court of India8 May 2019Full text
2019 INSC 649 · [2019] 8 S.C.R. 702
the trial court – Negotiable Instruments Act, 1881 – ss.138, proviso, clause (b), (c), s.142(1). Allowing the appeal, the Court HELD : The complaint was instituted on 11 May 2016. Under Section 142(1), a complaint has to be instituted within one C month of the date on which the cause of action has arisen under clause (…
Supreme Court of India8 May 2019Full text
2019 INSC 648 · [2019] 7 S.C.R. 389
16.06 of University Regulations – Writ petition challenging the termination was dismissed by High Court as not maintainable – Appeal to Supreme Court – Held: The college being affiliated to the University was bound by the provisions of the Act with its attendant E consequences for non-compliance – As per section 35(2) …
Supreme Court of India7 May 2019Full text
2019 INSC 644 · [2019] 7 S.C.R. 287
287 288 SUPREME COURT REPORTS [2019] 7 S.C.R. A explanation for the delay, Section 362 Cr.P.C has no relevance on facts. Therefore, there was no impediment in the appellant seeking to bring the same on record subsequently under Section 173(2)(5)(a) of Cr.P.C. The consequences of disallowing the procedural lapse were su…
Supreme Court of India7 May 2019Full text
2019 INSC 643 · [2019] 7 S.C.R. 298
Allowing the appeal, the Court HELD: 1.1 The scope of Order IX Rule 13 CPC and Section 96(2) CPC are entirely different. In an application filed under Order IX Rule 13 CPC, the Court has to see whether the G summons were duly served or not or whether the defendant was prevented by any “sufficient cause” from appearing …
Supreme Court of India7 May 2019Full text
2019 INSC 642 · [2019] 7 S.C.R. 361
of law arising in the case while admitting the appeal as required u/ s. 100(4) CPC and further failed to decide the appeal as provided u/s.100(5) CPC – Instead, the High Court framed the questions for the first time while delivering the impugned judgment – The procedure and manner in which the High Court decided the se…
Supreme Court of India21 Jan 2019Full text
2019 INSC 64 · [2019] 2 S.C.R. 521
appellant could not make a grievance of the non-communication of the ACRs for the relevant period – In Dev Dutt v. Union of India & Ors., it was held that fairness in public administration and transparency require that all entries in the Annual Confidential Reports (ACRs) of a public servant must be communicated within…
Supreme Court of India7 May 2019Full text
2019 INSC 639 · [2019] 7 S.C.R. 248
248 RAFIQ QURESHI v. NARCOTIC CONTROL BUREAU 249 EASTERN ZONAL UNIT sentence from 16 years to 12 years – Conviction of the appellant A maintained – Sentenced to undergo 12 years rigorous imprisonment, with Rs. 2 lakh fine, in default of payment of which the appellant to further undergo simple imprisonment for six month…
Supreme Court of India7 May 2019Full text
2019 INSC 636 · [2019] 7 S.C.R. 319
[2019] 7 S.C.R. 319 319 SASIKALA PUSHPA AND OTHERS A v. STATE OF TAMIL NADU (Criminal Appeal No. 855 of 2019) MAY 07, 2019 B [R. BANUMATHI AND S. ABDUL NAZEER, JJ.] Code of Criminal Procedure, 1973: s.340 – In a sexual harassment case against the appellants, the appellants filed anticipatory bail applications along wit…
Supreme Court of India7 May 2019Full text
2019 INSC 634 · [2019] 7 S.C.R. 309
309 310 SUPREME COURT REPORTS [2019] 7 S.C.R. A High Court affirming the conviction of the appellant-accused No. 1 set aside. Allowing the appeal, the Court HELD : 1. The occurrence was of 23.11.1997 at 09:00 PM in the agricultural field of complainant (PW-3), where it was dark. B The panchnama of the scene of occurren…
Supreme Court of India7 May 2019Full text
2019 INSC 633 · [2019] 7 S.C.R. 262
Practice & Procedure – Procedural requirement vis-a-vis principle of substantive law – Discussed. Dismissing the appeal, the Court HELD: 1.1 Procedure is the hand maiden of justice, the D technicalities of law should not be allowed to prevail over the demands of justice and obstacles in the path of the Court considerin…
Supreme Court of India6 May 2019Full text
2019 INSC 632 · [2019] 7 S.C.R. 905
abolished and the new policy having coming into force, the application was considered under the new policy and the options available were offered to the respondent who failed to avail the same – The offer of solatium could be the only remedy available, more so at this stage of time – The solatium of Rs.3 lakh was offer…
Supreme Court of India6 May 2019Full text
2019 INSC 631 · [2019] 7 S.C.R. 218
– Revisional jurisdiction conferred on the National Commission u/ s. 21(b) is with respect to a pending or disposed of ‘consumer dispute’ before the State Commission – Thus, the National Commission committed a jurisdictional error by entertaining the Revision Petition. E Disposing of the appeal, the Court HELD: 1.1 The…
Supreme Court of India6 May 2019Full text
2019 INSC 630 · [2019] 7 S.C.R. 335
Writ: Writ of habeas corpus – Maintainability of, in child custody matters – Held: Writ of habeas corpus is a prerogative process for securing the liberty of the subject by affording an H 335 336 SUPREME COURT REPORTS [2019] 7 S.C.R. A effective means of immediate release from an illegal or improper detention – Writ ex…
Supreme Court of India21 Jan 2019Full text
2019 INSC 63 · [2019] 1 S.C.R. 886
886 RELIANCE INFRASTRUCTURE LIMITED v. STATE OF 887 MAHARASHTRA adopted the remedy u/Art.226 was unjustified – However, there is A no infirmity in the impugned regulation and accordingly ultimate conclusion of the High Court to dismiss the Writ petition u/Art.226 affirmed – Electricity Act, 2003 – ss.61, 82, 111 and 18…
Supreme Court of India6 May 2019Full text
2019 INSC 629 · [2019] 7 S.C.R. 197
accordance with Regulations 7-10 – Respondents can not be considered to be ‘eligible’ for appointment under the erstwhile 1978 Regulations, since the steps set out in the aforesaid regulations had not been completed prior to the repeal of the old 1978 Rules and the 1978 Regulations – Further, the respondents did not ch…
Supreme Court of India6 May 2019Full text
2019 INSC 628 · [2019] 7 S.C.R. 181
C) State Cadre Service Rules, 2012 – r. 9(5) – Haryana State G Education School Cadre (Group C) Service Rules, 1998 – r. 9 – Constitution of India – Art. 21A. H 181 182 SUPREME COURT REPORTS [2019] 7 S.C.R. A Allowing the appeal, the Court HELD : 1. The High Court has taken a simplistic view on the bare reading of Rule…
Supreme Court of India6 May 2019Full text
2019 INSC 627 · [2019] 7 S.C.R. 234
Allowing the appeals, the Court HELD: 1.1 It has been erroneously held that the mutation entries for exchange by Respondent No.1 was valid. The purported oral exchange dated 01.08.1988, followed by the G Agreement dated 25.08.1988, between the then Principal of the School, with the President of the School, was a wholly…
Also on Law on Tips: Bare Acts · Legal news and analysis
2019 INSC 650 · [2019] 7 S.C.R. 460
HELD : 1. The following elements must be established under Section 16(1)(n) of the Maharashtra Rent Control Act, 1999 - the premises must have been let out for a particular purpose; there must be non-user by the tenant for the purpose; the non-user must be without reasonable cause; the non-user must be C for a continuo…
Supreme Court of India22 Jan 2019Full text
2019 INSC 65 · [2019] 1 S.C.R. 477
1.3 Sub-section (2) of Section 3 of the KPF Act provides for G the exemption of the private forest from vesting. The appointed day for the purpose of Section 3 is 10.5.1971, which is clear from Section 2(a) of the KPF Act. Sub-section (2) of Section 3 states that the land comprised in private forest held by an owner un…
Supreme Court of India8 May 2019Full text
2019 INSC 649 · [2019] 8 S.C.R. 702
the trial court – Negotiable Instruments Act, 1881 – ss.138, proviso, clause (b), (c), s.142(1). Allowing the appeal, the Court HELD : The complaint was instituted on 11 May 2016. Under Section 142(1), a complaint has to be instituted within one C month of the date on which the cause of action has arisen under clause (…
Supreme Court of India8 May 2019Full text
2019 INSC 648 · [2019] 7 S.C.R. 389
16.06 of University Regulations – Writ petition challenging the termination was dismissed by High Court as not maintainable – Appeal to Supreme Court – Held: The college being affiliated to the University was bound by the provisions of the Act with its attendant E consequences for non-compliance – As per section 35(2) …
Supreme Court of India7 May 2019Full text
2019 INSC 644 · [2019] 7 S.C.R. 287
287 288 SUPREME COURT REPORTS [2019] 7 S.C.R. A explanation for the delay, Section 362 Cr.P.C has no relevance on facts. Therefore, there was no impediment in the appellant seeking to bring the same on record subsequently under Section 173(2)(5)(a) of Cr.P.C. The consequences of disallowing the procedural lapse were su…
Supreme Court of India7 May 2019Full text
2019 INSC 643 · [2019] 7 S.C.R. 298
Allowing the appeal, the Court HELD: 1.1 The scope of Order IX Rule 13 CPC and Section 96(2) CPC are entirely different. In an application filed under Order IX Rule 13 CPC, the Court has to see whether the G summons were duly served or not or whether the defendant was prevented by any “sufficient cause” from appearing …
Supreme Court of India7 May 2019Full text
2019 INSC 642 · [2019] 7 S.C.R. 361
of law arising in the case while admitting the appeal as required u/ s. 100(4) CPC and further failed to decide the appeal as provided u/s.100(5) CPC – Instead, the High Court framed the questions for the first time while delivering the impugned judgment – The procedure and manner in which the High Court decided the se…
Supreme Court of India21 Jan 2019Full text
2019 INSC 64 · [2019] 2 S.C.R. 521
appellant could not make a grievance of the non-communication of the ACRs for the relevant period – In Dev Dutt v. Union of India & Ors., it was held that fairness in public administration and transparency require that all entries in the Annual Confidential Reports (ACRs) of a public servant must be communicated within…
Supreme Court of India7 May 2019Full text
2019 INSC 639 · [2019] 7 S.C.R. 248
248 RAFIQ QURESHI v. NARCOTIC CONTROL BUREAU 249 EASTERN ZONAL UNIT sentence from 16 years to 12 years – Conviction of the appellant A maintained – Sentenced to undergo 12 years rigorous imprisonment, with Rs. 2 lakh fine, in default of payment of which the appellant to further undergo simple imprisonment for six month…
Supreme Court of India7 May 2019Full text
2019 INSC 636 · [2019] 7 S.C.R. 319
[2019] 7 S.C.R. 319 319 SASIKALA PUSHPA AND OTHERS A v. STATE OF TAMIL NADU (Criminal Appeal No. 855 of 2019) MAY 07, 2019 B [R. BANUMATHI AND S. ABDUL NAZEER, JJ.] Code of Criminal Procedure, 1973: s.340 – In a sexual harassment case against the appellants, the appellants filed anticipatory bail applications along wit…
Supreme Court of India7 May 2019Full text
2019 INSC 634 · [2019] 7 S.C.R. 309
309 310 SUPREME COURT REPORTS [2019] 7 S.C.R. A High Court affirming the conviction of the appellant-accused No. 1 set aside. Allowing the appeal, the Court HELD : 1. The occurrence was of 23.11.1997 at 09:00 PM in the agricultural field of complainant (PW-3), where it was dark. B The panchnama of the scene of occurren…
Supreme Court of India7 May 2019Full text
2019 INSC 633 · [2019] 7 S.C.R. 262
Practice & Procedure – Procedural requirement vis-a-vis principle of substantive law – Discussed. Dismissing the appeal, the Court HELD: 1.1 Procedure is the hand maiden of justice, the D technicalities of law should not be allowed to prevail over the demands of justice and obstacles in the path of the Court considerin…
Supreme Court of India6 May 2019Full text
2019 INSC 632 · [2019] 7 S.C.R. 905
abolished and the new policy having coming into force, the application was considered under the new policy and the options available were offered to the respondent who failed to avail the same – The offer of solatium could be the only remedy available, more so at this stage of time – The solatium of Rs.3 lakh was offer…
Supreme Court of India6 May 2019Full text
2019 INSC 631 · [2019] 7 S.C.R. 218
– Revisional jurisdiction conferred on the National Commission u/ s. 21(b) is with respect to a pending or disposed of ‘consumer dispute’ before the State Commission – Thus, the National Commission committed a jurisdictional error by entertaining the Revision Petition. E Disposing of the appeal, the Court HELD: 1.1 The…
Supreme Court of India6 May 2019Full text
2019 INSC 630 · [2019] 7 S.C.R. 335
Writ: Writ of habeas corpus – Maintainability of, in child custody matters – Held: Writ of habeas corpus is a prerogative process for securing the liberty of the subject by affording an H 335 336 SUPREME COURT REPORTS [2019] 7 S.C.R. A effective means of immediate release from an illegal or improper detention – Writ ex…
Supreme Court of India21 Jan 2019Full text
2019 INSC 63 · [2019] 1 S.C.R. 886
886 RELIANCE INFRASTRUCTURE LIMITED v. STATE OF 887 MAHARASHTRA adopted the remedy u/Art.226 was unjustified – However, there is A no infirmity in the impugned regulation and accordingly ultimate conclusion of the High Court to dismiss the Writ petition u/Art.226 affirmed – Electricity Act, 2003 – ss.61, 82, 111 and 18…
Supreme Court of India6 May 2019Full text
2019 INSC 629 · [2019] 7 S.C.R. 197
accordance with Regulations 7-10 – Respondents can not be considered to be ‘eligible’ for appointment under the erstwhile 1978 Regulations, since the steps set out in the aforesaid regulations had not been completed prior to the repeal of the old 1978 Rules and the 1978 Regulations – Further, the respondents did not ch…
Supreme Court of India6 May 2019Full text
2019 INSC 628 · [2019] 7 S.C.R. 181
C) State Cadre Service Rules, 2012 – r. 9(5) – Haryana State G Education School Cadre (Group C) Service Rules, 1998 – r. 9 – Constitution of India – Art. 21A. H 181 182 SUPREME COURT REPORTS [2019] 7 S.C.R. A Allowing the appeal, the Court HELD : 1. The High Court has taken a simplistic view on the bare reading of Rule…
Supreme Court of India6 May 2019Full text
2019 INSC 627 · [2019] 7 S.C.R. 234
Allowing the appeals, the Court HELD: 1.1 It has been erroneously held that the mutation entries for exchange by Respondent No.1 was valid. The purported oral exchange dated 01.08.1988, followed by the G Agreement dated 25.08.1988, between the then Principal of the School, with the President of the School, was a wholly…
Also on Law on Tips: Bare Acts · Legal news and analysis