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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.
5,461–5,480 · Page 274 of 500
Supreme Court of India23 Apr 2019Full text
2019 INSC 556 · [2019] 6 S.C.R. 289
3. In view of the aforesaid, it was found that the High Court did not advert to all the facts of the case as also to the law applicable, therefore, the matter remanded to the High Court to H MONTHI MENEZES (D) BY LR. v. DEVAKI AMMA (D) BY LR. 291 decide the writ petition afresh on merits and in accordance with A law. […
Supreme Court of India23 Apr 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.
5,461–5,480 · Page 274 of 500
Supreme Court of India23 Apr 2019Full text
2019 INSC 556 · [2019] 6 S.C.R. 289
3. In view of the aforesaid, it was found that the High Court did not advert to all the facts of the case as also to the law applicable, therefore, the matter remanded to the High Court to H MONTHI MENEZES (D) BY LR. v. DEVAKI AMMA (D) BY LR. 291 decide the writ petition afresh on merits and in accordance with A law. […
Supreme Court of India23 Apr 2019Full text
2019 INSC 555 · [2019] 6 S.C.R. 257
Whether the document is a ‘mortgage by conditional sale’ or ‘sale with a condition to repurchase’ is to be ascertained from the intention G of the parties – It is trite law that the intention of the parties should be gathered from the recitals of the document itself – In the instant case, by perusal of Ex.P-73 it was c…
Supreme Court of India22 Apr 2019Full text
2019 INSC 554 · [2019] 6 S.C.R. 215
44(1)(e) is to ensure that the highest level of probity is maintained by the Councillor and nearest members of the Councillor’s family. It does not require the Councillor knowing the fact of the construction being made by her spouse or dependent. [Paras 8 and 9][220-B-G] C 1.2 The second limb of Section 44(1)(e) provid…
Supreme Court of India22 Apr 2019Full text
2019 INSC 553 · [2019] 6 S.C.R. 240
240 SUPREME COURT[2019]REPORTS6 S.C.R. 240 [2019] 6 S.C.R. A NARESH CHANDRA BHARDWAJ v. BANK OF INDIA & ORS. (Civil Appeal No. 4037 of 2019) B APRIL 22, 2019 [SANJAY KISHAN KAUL AND INDIRA BANERJEE, JJ.] Service Law: Removal from service – Appellant-bank officer sanctioned three loans while posted in one branch and rec…
Supreme Court of India22 Apr 2019Full text
2019 INSC 552 · [2019] 6 S.C.R. 225
the imports were under the brand names ‘Diyas’ and ‘mAntra’, they were not trademarks of such nature as would make them an exclusive product and there was some mix up in understanding of a trademark protection, as the same was compared with ‘patented goods’ – Further, data was available, which could have been utilised …
Supreme Court of India17 Jan 2019Full text
2019 INSC 55 · [2019] 1 S.C.R. 533
H STATE OF HIMACHAL PRADESH v. PARKASH CHAND 535 Vikas Mahajan, AAG, P.S. Patwalia, Sr. Adv., Aakash Verma, A Anil Kumar, Abhinav Mukerji, Ms. Bihu Sharma, Ms. Purnima Krishna, Ms. Pratishtha Vij, Ajay Marwah, Atul Kumar, Ishan Dewan, Plak Bagchi, Abhimanyu Sharma, Ishan Dewan, S. K. Verma, Suryanarayana Singh, Ms. Pra…
Supreme Court of India22 Apr 2019Full text
2019 INSC 549 · [2019] 6 S.C.R. 203
Protection of Children from Sexual Offences Act, 2012: G ss.9/10 – Sexual assault on seven year old girl – Accused convicted under ss.9/10 of POSCO Act and awarded simple imprisonment for a period of 7 years – Plea of the appellant was that the sentence imposed on the appellant was excessive; that under s.10, minimum s…
Supreme Court of India22 Apr 2019Full text
2019 INSC 548 · [2019] 6 S.C.R. 601
Bench decided the reference in Jindal Stainless Limited case – Thereafter, the matter was taken by the Regular Bench and by judgment dtd. 21.03.17 Supreme Court granted liberty to the appellant to question the levy of Entry Tax under the 2007 Act, on the issues left open in the order of the Nine Judges Bench, before Hi…
Supreme Court of India22 Apr 2019Full text
2019 INSC 547 · [2019] 6 S.C.R. 638
directing that subject to deposit of 50% of the interest by way of recovery, no coercive measure be taken against the appellant – Plea of appellant that after the impugned interim order was passed, about 33 percent of amount of interest has already been realised from the appellant – Held: Writ petition filed by the app…
Supreme Court of India22 Apr 2019Full text
2019 INSC 546 · [2019] 6 S.C.R. 653
Dismissing the appeals, the Court D HELD: 1.1 As per Rule 35 of the Bihar Forest Service Rules, 1953, the seniority of officers appointed to the Bihar Forest Service has to be determined with reference to the date of their substantive appointment. An appointment in substantive capacity is one which is not fortuitous or…
Supreme Court of India22 Apr 2019Full text
2019 INSC 545 · [2019] 6 S.C.R. 194
With Civil Appeal Nos. 3092, 3087, 3088, 3089, 3091, 3090, 3093, 3094 and 3095 of 2016. E Dr. Manish Singhvi, Sr. Adv., Sandeep Jha, Milind Kumar, Advs. for the Appellantss. Soutik Banerjee, Gaurav Agrawal, Mrs. K. Sarada Devi, Advs. for the Respondent. F The Judgment of the…
Supreme Court of India16 Apr 2019Full text
2019 INSC 544 · [2019] 6 S.C.R. 188
188 PR. COMMISSIONER OF INCOME TAX CENTRAL 2 v. 189 M/S A.A. ESTATE PVT. LTD. H. R. Rao, P. V. Yogeswaran, Mrs.Anil Katiyar, Advs. for the A Appellant. Salil Kapoor, Sumit Lalchandani, Praveen Swarup, Advs. for the Respondent. The Judgment of the Court was delivered by B ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. Thi…
Supreme Court of India16 Apr 2019Full text
2019 INSC 543 · [2019] 6 S.C.R. 130
130 SUPREME COURT[2019]REPORTS6 S.C.R. 130 [2019] 6 S.C.R. A DR RS GREWAL & ORS. v. CHANDER PARKASH SONI & ANR. (Civil Appeal No. 11086 of 2018) APRIL 16, 2019 B [DR DHANANJAYA Y CHANDRACHUD AND HEMANT GUPTA, JJ.] Landlord-Tenant Dispute: Rent control legislation – Protection under – Maintainability of suit for possess…
Supreme Court of India18 Apr 2019Full text
2019 INSC 542 · [2019] 6 S.C.R. 150
On appeal, held: High Court though admitted the defendant’s second appeal by framing six substantial questions of law for its hearing but none of the substantial questions were answered – Instead, High Court discussed all other issues, which were not the subject matter of the six questions framed – s.100(5) CPC provide…
Supreme Court of India16 Apr 2019Full text
2019 INSC 541 · [2019] 6 S.C.R. 814
Green tribunal – Appeal thereagainst – Appellant’s case that as a result of the order passed by the tribunal, appellant has been completely shut out from redress in the proceedings pending before the NGT – Held :Consequence of the impugned order is to effectively shut out the appellant from addressing its objections to…
Supreme Court of India16 Apr 2019Full text
2019 INSC 540 · [2019] 6 S.C.R. 58
s. 21 (b) – Revisional jurisdiction – Exercise of, by the National Commission – Held: Revisional jurisdiction of the National B Commission is a limited jurisdiction, to be exercised in case the State Commission lacked jurisdiction, or acted with illegality or material irregularity. Allowing the appeal, the Court C HELD…
Supreme Court of India17 Jan 2019Full text
2019 INSC 54 · [2019] 1 S.C.R. 248
A. Sirajudeen, Sr. Adv., Ms. Minakshi Vij, Ms. Sudesh Kumari, C Advs. for the Appellant. Ms. Vanshaja Shukla, Arjun Garg, Advs. for the Respondent.…
Supreme Court of India16 Apr 2019Full text
2019 INSC 538 · [2019] 6 S.C.R. 68
may be passed for taking his evidence by issuing c…
Supreme Court of India16 Apr 2019Full text
2019 INSC 537 · [2019] 6 S.C.R. 97
could not appoint an arbitrator, and any such appointment would be null and void – In view of TRF judgment, in the instant case, validity of appointment of arbitrator challenged by the Managing Director himself – Held: In the instant case, appointment of the arbitrator was after the introduction of s.12(5) in the statu…
Supreme Court of India16 Apr 2019Full text
2019 INSC 536 · [2019] 6 S.C.R. 82
directed the investigating officer to further investigate and submit the report, which is not permissible – Such course of action is beyond the jurisdictional competence of the Magistrate – Thus, the order by the Magistrate ordering further investigation after he discharged the accused, cannot be sustained and is set a…
Also on Law on Tips: Bare Acts · Legal news and analysis
2019 INSC 555 · [2019] 6 S.C.R. 257
Whether the document is a ‘mortgage by conditional sale’ or ‘sale with a condition to repurchase’ is to be ascertained from the intention G of the parties – It is trite law that the intention of the parties should be gathered from the recitals of the document itself – In the instant case, by perusal of Ex.P-73 it was c…
Supreme Court of India22 Apr 2019Full text
2019 INSC 554 · [2019] 6 S.C.R. 215
44(1)(e) is to ensure that the highest level of probity is maintained by the Councillor and nearest members of the Councillor’s family. It does not require the Councillor knowing the fact of the construction being made by her spouse or dependent. [Paras 8 and 9][220-B-G] C 1.2 The second limb of Section 44(1)(e) provid…
Supreme Court of India22 Apr 2019Full text
2019 INSC 553 · [2019] 6 S.C.R. 240
240 SUPREME COURT[2019]REPORTS6 S.C.R. 240 [2019] 6 S.C.R. A NARESH CHANDRA BHARDWAJ v. BANK OF INDIA & ORS. (Civil Appeal No. 4037 of 2019) B APRIL 22, 2019 [SANJAY KISHAN KAUL AND INDIRA BANERJEE, JJ.] Service Law: Removal from service – Appellant-bank officer sanctioned three loans while posted in one branch and rec…
Supreme Court of India22 Apr 2019Full text
2019 INSC 552 · [2019] 6 S.C.R. 225
the imports were under the brand names ‘Diyas’ and ‘mAntra’, they were not trademarks of such nature as would make them an exclusive product and there was some mix up in understanding of a trademark protection, as the same was compared with ‘patented goods’ – Further, data was available, which could have been utilised …
Supreme Court of India17 Jan 2019Full text
2019 INSC 55 · [2019] 1 S.C.R. 533
H STATE OF HIMACHAL PRADESH v. PARKASH CHAND 535 Vikas Mahajan, AAG, P.S. Patwalia, Sr. Adv., Aakash Verma, A Anil Kumar, Abhinav Mukerji, Ms. Bihu Sharma, Ms. Purnima Krishna, Ms. Pratishtha Vij, Ajay Marwah, Atul Kumar, Ishan Dewan, Plak Bagchi, Abhimanyu Sharma, Ishan Dewan, S. K. Verma, Suryanarayana Singh, Ms. Pra…
Supreme Court of India22 Apr 2019Full text
2019 INSC 549 · [2019] 6 S.C.R. 203
Protection of Children from Sexual Offences Act, 2012: G ss.9/10 – Sexual assault on seven year old girl – Accused convicted under ss.9/10 of POSCO Act and awarded simple imprisonment for a period of 7 years – Plea of the appellant was that the sentence imposed on the appellant was excessive; that under s.10, minimum s…
Supreme Court of India22 Apr 2019Full text
2019 INSC 548 · [2019] 6 S.C.R. 601
Bench decided the reference in Jindal Stainless Limited case – Thereafter, the matter was taken by the Regular Bench and by judgment dtd. 21.03.17 Supreme Court granted liberty to the appellant to question the levy of Entry Tax under the 2007 Act, on the issues left open in the order of the Nine Judges Bench, before Hi…
Supreme Court of India22 Apr 2019Full text
2019 INSC 547 · [2019] 6 S.C.R. 638
directing that subject to deposit of 50% of the interest by way of recovery, no coercive measure be taken against the appellant – Plea of appellant that after the impugned interim order was passed, about 33 percent of amount of interest has already been realised from the appellant – Held: Writ petition filed by the app…
Supreme Court of India22 Apr 2019Full text
2019 INSC 546 · [2019] 6 S.C.R. 653
Dismissing the appeals, the Court D HELD: 1.1 As per Rule 35 of the Bihar Forest Service Rules, 1953, the seniority of officers appointed to the Bihar Forest Service has to be determined with reference to the date of their substantive appointment. An appointment in substantive capacity is one which is not fortuitous or…
Supreme Court of India22 Apr 2019Full text
2019 INSC 545 · [2019] 6 S.C.R. 194
With Civil Appeal Nos. 3092, 3087, 3088, 3089, 3091, 3090, 3093, 3094 and 3095 of 2016. E Dr. Manish Singhvi, Sr. Adv., Sandeep Jha, Milind Kumar, Advs. for the Appellantss. Soutik Banerjee, Gaurav Agrawal, Mrs. K. Sarada Devi, Advs. for the Respondent. F The Judgment of the…
Supreme Court of India16 Apr 2019Full text
2019 INSC 544 · [2019] 6 S.C.R. 188
188 PR. COMMISSIONER OF INCOME TAX CENTRAL 2 v. 189 M/S A.A. ESTATE PVT. LTD. H. R. Rao, P. V. Yogeswaran, Mrs.Anil Katiyar, Advs. for the A Appellant. Salil Kapoor, Sumit Lalchandani, Praveen Swarup, Advs. for the Respondent. The Judgment of the Court was delivered by B ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. Thi…
Supreme Court of India16 Apr 2019Full text
2019 INSC 543 · [2019] 6 S.C.R. 130
130 SUPREME COURT[2019]REPORTS6 S.C.R. 130 [2019] 6 S.C.R. A DR RS GREWAL & ORS. v. CHANDER PARKASH SONI & ANR. (Civil Appeal No. 11086 of 2018) APRIL 16, 2019 B [DR DHANANJAYA Y CHANDRACHUD AND HEMANT GUPTA, JJ.] Landlord-Tenant Dispute: Rent control legislation – Protection under – Maintainability of suit for possess…
Supreme Court of India18 Apr 2019Full text
2019 INSC 542 · [2019] 6 S.C.R. 150
On appeal, held: High Court though admitted the defendant’s second appeal by framing six substantial questions of law for its hearing but none of the substantial questions were answered – Instead, High Court discussed all other issues, which were not the subject matter of the six questions framed – s.100(5) CPC provide…
Supreme Court of India16 Apr 2019Full text
2019 INSC 541 · [2019] 6 S.C.R. 814
Green tribunal – Appeal thereagainst – Appellant’s case that as a result of the order passed by the tribunal, appellant has been completely shut out from redress in the proceedings pending before the NGT – Held :Consequence of the impugned order is to effectively shut out the appellant from addressing its objections to…
Supreme Court of India16 Apr 2019Full text
2019 INSC 540 · [2019] 6 S.C.R. 58
s. 21 (b) – Revisional jurisdiction – Exercise of, by the National Commission – Held: Revisional jurisdiction of the National B Commission is a limited jurisdiction, to be exercised in case the State Commission lacked jurisdiction, or acted with illegality or material irregularity. Allowing the appeal, the Court C HELD…
Supreme Court of India17 Jan 2019Full text
2019 INSC 54 · [2019] 1 S.C.R. 248
A. Sirajudeen, Sr. Adv., Ms. Minakshi Vij, Ms. Sudesh Kumari, C Advs. for the Appellant. Ms. Vanshaja Shukla, Arjun Garg, Advs. for the Respondent.…
Supreme Court of India16 Apr 2019Full text
2019 INSC 538 · [2019] 6 S.C.R. 68
may be passed for taking his evidence by issuing c…
Supreme Court of India16 Apr 2019Full text
2019 INSC 537 · [2019] 6 S.C.R. 97
could not appoint an arbitrator, and any such appointment would be null and void – In view of TRF judgment, in the instant case, validity of appointment of arbitrator challenged by the Managing Director himself – Held: In the instant case, appointment of the arbitrator was after the introduction of s.12(5) in the statu…
Supreme Court of India16 Apr 2019Full text
2019 INSC 536 · [2019] 6 S.C.R. 82
directed the investigating officer to further investigate and submit the report, which is not permissible – Such course of action is beyond the jurisdictional competence of the Magistrate – Thus, the order by the Magistrate ordering further investigation after he discharged the accused, cannot be sustained and is set a…
Also on Law on Tips: Bare Acts · Legal news and analysis