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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.
5,481–5,500 · Page 275 of 500
Supreme Court of India16 Apr 2019Full text
2019 INSC 535 · [2019] 6 S.C.R. 121
Art. 142. Disposing of the appeals, the Court HELD: Appellant has never raised a grievance that she has not been delivered possession of the plot allotted but, the facts on record, particularly on the basis of counter-affidavit of G the respondents, leaves no manner of doubt that the possession of plot allotted to the …
Supreme Court of India15 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.
5,481–5,500 · Page 275 of 500
Supreme Court of India16 Apr 2019Full text
2019 INSC 535 · [2019] 6 S.C.R. 121
Art. 142. Disposing of the appeals, the Court HELD: Appellant has never raised a grievance that she has not been delivered possession of the plot allotted but, the facts on record, particularly on the basis of counter-affidavit of G the respondents, leaves no manner of doubt that the possession of plot allotted to the …
Supreme Court of India15 Apr 2019Full text
2019 INSC 531 · [2019] 5 S.C.R. 876
Allowing the appeal, the Court E HELD : 1.1 The High Court did not examine the case with a view to find out as to whether the allegations made in the complaint prima facie make out the offences falling under Sections 323, 379 read with Section 34 IPC or not. Instead the High Court gave importance to the fact that since…
Supreme Court of India17 Jan 2019Full text
2019 INSC 53 · [2019] 1 S.C.R. 991
2. The first submission on behalf of the appellant is no longer res integra. A decision of a three Judge Bench of this Court in Aneeta Hada v. Godfather Travels and Tours Private Limited F governs the area of dispute. The issue which fell for consideration was whether an authorized signatory of a company would be liabl…
Supreme Court of India15 Apr 2019Full text
2019 INSC 529 · [2019] 5 S.C.R. 864
the service of permanent employee, authority should have conducted an enquiry – Division Bench of High Court upheld the order of Single Judge in LPA – On appeal, held: Service rendered in pursuance of an illegal appointment or promotion cannot be equated to service rendered in pursuance of a valid and lawful appointmen…
Supreme Court of India15 Apr 2019Full text
2019 INSC 528 · [2019] 6 S.C.R. 47
two medical reports arise only when the prosecution leads evidence by examining the doctors in support of the medical reports – That stage was yet to come in this case – Mere perusal of the medical reports filed by the prosecution prima facie showed that a case under s.307 was made out against respondent Nos. 2 to 4 an…
Supreme Court of India15 Apr 2019Full text
2019 INSC 526 · [2019] 6 S.C.R. 51
specific performance of the agreement on the ground that the plaintiff has failed to prove that he was ready and willing to perform his part of the agreement – High Court further held that there was nothing to show that as to when and how payment of Rs. 6.75 lacs was made out of balance sale consideration – On appeal, …
Supreme Court of India15 Apr 2019Full text
2019 INSC 525 · [2019] 6 S.C.R. 41
concerned, the same stands abated on account of his death. [Para 7][44-B] 1.2 Appellant No.2 was born on 14.06.1980 whereas the date of commission of the offence is 04.01.1998. It is, therefore, an admitted fact that appellant No. 2 was a juvenile (he was below Gthe age of 18 years, i.e., he was 17 years and 5 months) …
Supreme Court of India12 Apr 2019Full text
2019 INSC 523 · [2019] 5 S.C.R. 771
Court, it was appropriate that the State Government ought to have apprised the Court before issuing any Government order for transferring the cases – In any view of the matter looking to the large number of cases of idol thefts cases and cases to come in future regarding idol thefts, the CBI was not appropriate H 771 7…
Supreme Court of India12 Apr 2019Full text
2019 INSC 521 · [2019] 6 S.C.R. 302
United India Insurance Co. Ltd. v. Harchand Rai F Chandan Lal (2004) 8 SCC 644 : [2004] 4 Suppl. SCR 662 – distinguished. Case Law Reference [2004] 4 Suppl. SCR 662 distinguished Para 6 G CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3912 of 2019. From the Judgment and Order dated 16.04.2015 of the National Consumer …
Supreme Court of India17 Jan 2019Full text
2019 INSC 52 · [2019] 1 S.C.R. 371
[2019] 1 S.C.R. 371 371 INDIAN HOTEL AND RESTAURANT A ASSOCIATION (AHAR) & ANR. v. THE STATE OF MAHARASHTRA & ORS. (Writ Petition (Civil) No. 576 of 2016) B JANUARY 17, 2019 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Maharashtra Prohibition of Obscene Dance in Hotels, Restaurant and Bar Rooms and Protection of Dignity of Wom…
Supreme Court of India12 Apr 2019Full text
2019 INSC 518 · [2019] 6 S.C.R. 1
Sentence / Sentencing Imposition of sentence – Need to give reasons – Held: Trial court is obliged to give reasons for imposition of sentence – Any G increase or decrease in the quantum of punishment than the usual levels need to be reasoned – The principle is fortified by the statute u/s. 235(2) Cr. P.C. as also by ju…
Supreme Court of India11 Apr 2019Full text
2019 INSC 517 · [2019] 5 S.C.R. 679
– Responded by second petitioner – First petitioner-Company, co-producer of the film, proceeded with the release of the film on 15 Feb. 19 – However, within a day of its release an overwhelming majority of the exhibitors abruptly took the film off their screens – Tickets were refunded to the viewers – Held: Police are …
Supreme Court of India11 Apr 2019Full text
2019 INSC 516 · [2019] 5 S.C.R. 714
– Direction to trial Court to record statements of the witnesses after D securing presence of the accused in the court – In appeal, held: The right of accused to watch the prosecution witness is a valuable right – There was an infringement of such right in the present case – The direction issued by the High Court ensur…
Supreme Court of India11 Apr 2019Full text
2019 INSC 514 · [2019] 5 S.C.R. 740
After the dismissal of the Special Leave Petitions filed by the Trade Unions, the issue in relation to reduction of age had attained finality – The High Court was not justified in setting aside the awards of the Labour Court, which had rightly held that it (Labour Court) had no jurisdiction to entertain the reference a…
Supreme Court of India10 Apr 2019Full text
2019 INSC 512 · [2019] 5 S.C.R. 618
– In terms of such order, the Divisional Director, Social Forestry Division Agra, passed order that the respondent was not eligible for regularisation/equal pay – Contempt Application (C) No.1632 D of 2009 filed by the respondent – Various orders passed seeking personal presence of the officers of the State – Appellant…
Supreme Court of India10 Apr 2019Full text
2019 INSC 511 · [2019] 5 S.C.R. 579
remitted back to the High Court – Maharashtra Stamp Act, 1958 – ss. 33 and 34. Allowing the appeal, the Court HELD: 1.1 It will be noticed from the *SMS Tea Estates’ case that where an arbitration clause is contained in an agreement H 579 580 SUPREME COURT REPORTS [2019] 5 S.C.R. A or conveyance, different consequences…
Supreme Court of India10 Apr 2019Full text
2019 INSC 510 · [2019] 5 S.C.R. 569
HELD: 1.1 The main reason given by the High Court while Gconverting the conviction from Section 302 of the IPC to Section 304 Part I of the IPC is that it was a case of a single blow, the deceased had died because of single injury caused on his head by the accused by an axe. The said can hardly be a ground to convert t…
Supreme Court of India10 Apr 2019Full text
2019 INSC 509 · [2019] 6 S.C.R. 994
proved and supported by the independent witnesses i.e. the metropolitan magistrate and the medical officer – But the same was discarded by the trial court on some minor contradictions/omissions – On re-appreciation of the entire evidence, it was found that the approach of the trial court was patently erroneous and the …
Supreme Court of India10 Apr 2019Full text
2019 INSC 505 · [2019] 5 S.C.R. 638
638 SUPREME COURT[2019]REPORTS5 S.C.R. 638 [2019] 5 S.C.R. A YASHWANT SINHA & ORS. v. CENTRAL BUREAU OF INVESTIGATION THROUGH ITS DIRECTOR & ANR. B (Review Petition (Criminal) No. 46 of 2019) In (Writ Petition (Criminal) No. 298 of 2018) APRIL 10, 2019 C [RANJAN GOGOI, CJI., SANJAY KISHAN KAUL AND K. M. JOSEPH, JJ.] Of…
Supreme Court of India9 Apr 2019Full text
2019 INSC 503 · [2019] 6 S.C.R. 972
give her consent for the physical relationship – Initially the prosecutrix resisted, however, gave the consent relying upon the false promise of the appellant that he will marry her – Her consent can be said to be a consent on misconception of fact as per s.90, IPC – Both the Courts below rightly held that the consent …
Also on Law on Tips: Bare Acts · Legal news and analysis
2019 INSC 531 · [2019] 5 S.C.R. 876
Allowing the appeal, the Court E HELD : 1.1 The High Court did not examine the case with a view to find out as to whether the allegations made in the complaint prima facie make out the offences falling under Sections 323, 379 read with Section 34 IPC or not. Instead the High Court gave importance to the fact that since…
Supreme Court of India17 Jan 2019Full text
2019 INSC 53 · [2019] 1 S.C.R. 991
2. The first submission on behalf of the appellant is no longer res integra. A decision of a three Judge Bench of this Court in Aneeta Hada v. Godfather Travels and Tours Private Limited F governs the area of dispute. The issue which fell for consideration was whether an authorized signatory of a company would be liabl…
Supreme Court of India15 Apr 2019Full text
2019 INSC 529 · [2019] 5 S.C.R. 864
the service of permanent employee, authority should have conducted an enquiry – Division Bench of High Court upheld the order of Single Judge in LPA – On appeal, held: Service rendered in pursuance of an illegal appointment or promotion cannot be equated to service rendered in pursuance of a valid and lawful appointmen…
Supreme Court of India15 Apr 2019Full text
2019 INSC 528 · [2019] 6 S.C.R. 47
two medical reports arise only when the prosecution leads evidence by examining the doctors in support of the medical reports – That stage was yet to come in this case – Mere perusal of the medical reports filed by the prosecution prima facie showed that a case under s.307 was made out against respondent Nos. 2 to 4 an…
Supreme Court of India15 Apr 2019Full text
2019 INSC 526 · [2019] 6 S.C.R. 51
specific performance of the agreement on the ground that the plaintiff has failed to prove that he was ready and willing to perform his part of the agreement – High Court further held that there was nothing to show that as to when and how payment of Rs. 6.75 lacs was made out of balance sale consideration – On appeal, …
Supreme Court of India15 Apr 2019Full text
2019 INSC 525 · [2019] 6 S.C.R. 41
concerned, the same stands abated on account of his death. [Para 7][44-B] 1.2 Appellant No.2 was born on 14.06.1980 whereas the date of commission of the offence is 04.01.1998. It is, therefore, an admitted fact that appellant No. 2 was a juvenile (he was below Gthe age of 18 years, i.e., he was 17 years and 5 months) …
Supreme Court of India12 Apr 2019Full text
2019 INSC 523 · [2019] 5 S.C.R. 771
Court, it was appropriate that the State Government ought to have apprised the Court before issuing any Government order for transferring the cases – In any view of the matter looking to the large number of cases of idol thefts cases and cases to come in future regarding idol thefts, the CBI was not appropriate H 771 7…
Supreme Court of India12 Apr 2019Full text
2019 INSC 521 · [2019] 6 S.C.R. 302
United India Insurance Co. Ltd. v. Harchand Rai F Chandan Lal (2004) 8 SCC 644 : [2004] 4 Suppl. SCR 662 – distinguished. Case Law Reference [2004] 4 Suppl. SCR 662 distinguished Para 6 G CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3912 of 2019. From the Judgment and Order dated 16.04.2015 of the National Consumer …
Supreme Court of India17 Jan 2019Full text
2019 INSC 52 · [2019] 1 S.C.R. 371
[2019] 1 S.C.R. 371 371 INDIAN HOTEL AND RESTAURANT A ASSOCIATION (AHAR) & ANR. v. THE STATE OF MAHARASHTRA & ORS. (Writ Petition (Civil) No. 576 of 2016) B JANUARY 17, 2019 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Maharashtra Prohibition of Obscene Dance in Hotels, Restaurant and Bar Rooms and Protection of Dignity of Wom…
Supreme Court of India12 Apr 2019Full text
2019 INSC 518 · [2019] 6 S.C.R. 1
Sentence / Sentencing Imposition of sentence – Need to give reasons – Held: Trial court is obliged to give reasons for imposition of sentence – Any G increase or decrease in the quantum of punishment than the usual levels need to be reasoned – The principle is fortified by the statute u/s. 235(2) Cr. P.C. as also by ju…
Supreme Court of India11 Apr 2019Full text
2019 INSC 517 · [2019] 5 S.C.R. 679
– Responded by second petitioner – First petitioner-Company, co-producer of the film, proceeded with the release of the film on 15 Feb. 19 – However, within a day of its release an overwhelming majority of the exhibitors abruptly took the film off their screens – Tickets were refunded to the viewers – Held: Police are …
Supreme Court of India11 Apr 2019Full text
2019 INSC 516 · [2019] 5 S.C.R. 714
– Direction to trial Court to record statements of the witnesses after D securing presence of the accused in the court – In appeal, held: The right of accused to watch the prosecution witness is a valuable right – There was an infringement of such right in the present case – The direction issued by the High Court ensur…
Supreme Court of India11 Apr 2019Full text
2019 INSC 514 · [2019] 5 S.C.R. 740
After the dismissal of the Special Leave Petitions filed by the Trade Unions, the issue in relation to reduction of age had attained finality – The High Court was not justified in setting aside the awards of the Labour Court, which had rightly held that it (Labour Court) had no jurisdiction to entertain the reference a…
Supreme Court of India10 Apr 2019Full text
2019 INSC 512 · [2019] 5 S.C.R. 618
– In terms of such order, the Divisional Director, Social Forestry Division Agra, passed order that the respondent was not eligible for regularisation/equal pay – Contempt Application (C) No.1632 D of 2009 filed by the respondent – Various orders passed seeking personal presence of the officers of the State – Appellant…
Supreme Court of India10 Apr 2019Full text
2019 INSC 511 · [2019] 5 S.C.R. 579
remitted back to the High Court – Maharashtra Stamp Act, 1958 – ss. 33 and 34. Allowing the appeal, the Court HELD: 1.1 It will be noticed from the *SMS Tea Estates’ case that where an arbitration clause is contained in an agreement H 579 580 SUPREME COURT REPORTS [2019] 5 S.C.R. A or conveyance, different consequences…
Supreme Court of India10 Apr 2019Full text
2019 INSC 510 · [2019] 5 S.C.R. 569
HELD: 1.1 The main reason given by the High Court while Gconverting the conviction from Section 302 of the IPC to Section 304 Part I of the IPC is that it was a case of a single blow, the deceased had died because of single injury caused on his head by the accused by an axe. The said can hardly be a ground to convert t…
Supreme Court of India10 Apr 2019Full text
2019 INSC 509 · [2019] 6 S.C.R. 994
proved and supported by the independent witnesses i.e. the metropolitan magistrate and the medical officer – But the same was discarded by the trial court on some minor contradictions/omissions – On re-appreciation of the entire evidence, it was found that the approach of the trial court was patently erroneous and the …
Supreme Court of India10 Apr 2019Full text
2019 INSC 505 · [2019] 5 S.C.R. 638
638 SUPREME COURT[2019]REPORTS5 S.C.R. 638 [2019] 5 S.C.R. A YASHWANT SINHA & ORS. v. CENTRAL BUREAU OF INVESTIGATION THROUGH ITS DIRECTOR & ANR. B (Review Petition (Criminal) No. 46 of 2019) In (Writ Petition (Criminal) No. 298 of 2018) APRIL 10, 2019 C [RANJAN GOGOI, CJI., SANJAY KISHAN KAUL AND K. M. JOSEPH, JJ.] Of…
Supreme Court of India9 Apr 2019Full text
2019 INSC 503 · [2019] 6 S.C.R. 972
give her consent for the physical relationship – Initially the prosecutrix resisted, however, gave the consent relying upon the false promise of the appellant that he will marry her – Her consent can be said to be a consent on misconception of fact as per s.90, IPC – Both the Courts below rightly held that the consent …
Also on Law on Tips: Bare Acts · Legal news and analysis