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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.
5,521–5,540 · Page 277 of 500
Supreme Court of India8 Apr 2019Full text
2019 INSC 470 · [2019] 6 S.C.R. 482
Emergency was lifted on 21.3.1977 – Next day, i.e. on 22.3.1977, detention orders in respect of 49 detenus including ‘R’ were re-voked by the State Government and detenu was released – On 30.4.1977, Competent Authority under SAFEMA issued notice to detenu and his wife to show cause the source of their income or F acts …
Supreme Court of India14 Jan 2019Full text
2019 INSC 47 · [2019] 1 S.C.R. 345
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.
5,521–5,540 · Page 277 of 500
Supreme Court of India8 Apr 2019Full text
2019 INSC 470 · [2019] 6 S.C.R. 482
Emergency was lifted on 21.3.1977 – Next day, i.e. on 22.3.1977, detention orders in respect of 49 detenus including ‘R’ were re-voked by the State Government and detenu was released – On 30.4.1977, Competent Authority under SAFEMA issued notice to detenu and his wife to show cause the source of their income or F acts …
Supreme Court of India14 Jan 2019Full text
2019 INSC 47 · [2019] 1 S.C.R. 345
substantial error in the order of High Court – The accused are entitled to be acquitted as a reasonable suspicion or doubt persists regarding the guilt of the accused – Acquittal order confirmed.. Criminal Law: Presumption of innocence – Held: Where appellate court F acquits the accused, there is a double presumption i…
Supreme Court of India5 Apr 2019Full text
2019 INSC 469 · [2019] 6 S.C.R. 472
B Allowing the appeal, the Court HELD: 1.1 The High Court erred in interfering in the concurrent findings of facts of the two Courts below, which dismissed the plaintiffs’ suit. The trial court and the first appellate court on appreciating the evidence of the parties had rightly come C to a conclusion that the plaintif…
Supreme Court of India5 Apr 2019Full text
2019 INSC 468 · [2019] 5 S.C.R. 751
Ms. Bhabhna Das, Krishna Dev Jagarlamudi, Advocates for the G Appellant. Abhimanyu Bhandari, Ms. Akriti Chaubey, Ms. Roohina Dua, Kunwar Aditya Singh, Ejaz Maqbool, S. Udaya Kumar Sagar, Mrityunjai Singh, Advs. for the Respondents. H G. RAMESH v. KANIKE HARISH KUMAR UJWAL & ANR. 753 The Judgment of the Court was delive…
Supreme Court of India5 Apr 2019Full text
2019 INSC 467 · [2019] 6 S.C.R. 461
Boarding House in Public School in New Delhi and the mother to take custody of the boy in the summer vacation and to ensure that he returns to Boarding House after summer vacation – Case of the mother that after summer vacation son not willing to study in the boarding school and intends to study in the old school in Sh…
Supreme Court of India4 Apr 2019Full text
2019 INSC 464 · [2019] 6 S.C.R. 457
Rishi Malhotra, Utkarsh Singh, Advs. for the Appellants. B Mrs. Rani Chhabra, Advs. for the Respondent. The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal is directed against the final judgment and order C dated 14.05.2012 passed by the High Court of Judicature at Allaha…
Supreme Court of India4 Apr 2019Full text
2019 INSC 463 · [2019] 5 S.C.R. 1185
– Section 58(c) of Transfer of Property Act when read with s. 37A of Money Lenders Act, it is clear that the legislature intended to override the effect of proviso to s. 58(c) by enacting s. 37A – s. 37A is traceable to the Entry ‘Transfer of Property’ in the Concurrent List and not to ‘money lending’ in State List of …
Supreme Court of India4 Apr 2019Full text
2019 INSC 462 · [2019] 6 S.C.R. 443
443 444 SUPREME COURT REPORTS [2019] 6 S.C.R. A the said Will and it was observed that the later Will claimed by the present appellant cannot be taken to be duly proved and being a finding of fact duly supported by the material on record, there is no perversity or manifest error in the finding to be reviewed by this Co…
Supreme Court of India3 Apr 2019Full text
2019 INSC 460 · [2019] 6 S.C.R. 402
Rule of primogeniture is not applicable to the Muslims as per the Personal Law – Entire 1948 Deed as amended in the year 1973 has to be read together to find out the process of appointment of Chief Mutawalli – At least two provisions of the 1973 Deed are that the senior most male descendant in the line of succession of…
Supreme Court of India11 Jan 2019Full text
2019 INSC 46 · [2019] 1 S.C.R. 236
application for discharge u/s.245(2) allowed – Respondent No.2 to pay Rs.25,000/- to each appellant by way of costs for initiating frivolous litigation – Costs. Rajiv Thapar v. Madan Lal Kapoor (2013) 3 SCC 330 – referred to. H 236 SRI SURESH KUMAR GOYAL v. STATE OF UTTAR PRADESH 237 Case Law Reference A (2013) 3 SCC 3…
Supreme Court of India3 Apr 2019Full text
2019 INSC 459 · [2019] 6 S.C.R. 382
– While it is true that it was open to the reversioner to ignore the sale deed executed by the widow, as not binding on her, as far as suit for recovery of possession, the law clearly provided for a period of 12 years and the period of limitation started with the death of the G limited owner, namely, the widow in 1938 …
Supreme Court of India2 Apr 2019Full text
2019 INSC 458 · [2019] 5 S.C.R. 1169
Consumer Protection Act, 1986 – s.2(r) – Unfair and B unreasonable apartment buyer’s agreement – Held: A term of a contract will not be final and binding if it is shown that the flat purchasers had no option but to sign on the dotted line, on a contract framed by the builder – The contractual terms of the Buyer’s Agree…
Supreme Court of India2 Apr 2019Full text
2019 INSC 457 · [2019] 6 S.C.R. 307
Banking Regulation Act, 1949 – s.35A, 35AA and 35AB – Reserve Bank of India Act, 1934 – s.45L – Reserve Bank of India issued a circular on 12.02.2018, by which RBI promulgated a revised H 307 308 SUPREME COURT REPORTS [2019] 6 S.C.R. A framework for resolution of stressed assets – According to RBI, the said circular at…
Supreme Court of India2 Apr 2019Full text
2019 INSC 456 · [2019] 5 S.C.R. 1060
being inadmissible in evidence, is not permissible – Issue of admissibility of the document/evidence would be a matter for trial – Taking into account the totality of the report made u/s.173 of CrPC, the accompanying documents and the evidence already presented to the Court, including the redacted statements of the pro…
Supreme Court of India2 Apr 2019Full text
2019 INSC 454 · [2019] 5 S.C.R. 1141
whether the plaint was barred u/s. 4 of the Act or not could not have been subject matter of assessment at the stage when application u/Or. VII r.11 was taken up – The matter required fuller and final consideration after the evidence was led by the parties – Application u/Or. VII r.11 is dismissed. E Allowing the appea…
Supreme Court of India2 Apr 2019Full text
2019 INSC 451 · [2019] 6 S.C.R. 1014
– In CAT, Chandigarh Bench, case titled Dewan Chand & Ors. vs. Union of India was filed wherein the Tribunal vide order dated 25.08.2009 quashed the seniority list and directed redrawing the seniority list – Appellant was not party to the said case – Appellant filed review petition before the Tribunal – Dismissed on 18…
Supreme Court of India11 Jan 2019Full text
2019 INSC 45 · [2019] 2 S.C.R. 571
572 SUPREME COURT REPORTS [2019] 2 S.C.R. A Disposing of the appeals, the Court HELD: 1.1 In the instant case, the sale deeds Exts.P1, P2 and P3 relied upon by the landholders pertained to lands from villages Bas Kusla and Dhana and were of the year 1997 that is after the acquisition was initiated in Pran Sukh’s case. …
Supreme Court of India2 Apr 2019Full text
2019 INSC 449 · [2019] 6 S.C.R. 1028
Dismissing the appeals, the Court G HELD: 1. In terms of the Section 1(3)(c) of the Payment of Gratuity Act, 1972, the Central Government has published a notification on 08.01.1982 and specified Local Bodies in which ten or more persons are employed, or were employed, on any H 1028 NAGAR AYUKT NAGAR NIGAM, KANPUR v. 10…
Supreme Court of India1 Apr 2019Full text
2019 INSC 448 · [2019] 5 S.C.R. 1131
1131 1132 SUPREME COURT REPORTS [2019] 5 S.C.R. A the dispute has not been proved by the prosecution. The statement of the witnesses in respect of injuries caused is not consistent. However, all the injured witnesses have consistently deposed the death of deceased by the appellant. [Paras 11 and 18][1139-A-C; 1136-E] B…
Supreme Court of India1 Apr 2019Full text
2019 INSC 447 · [2019] 2 S.C.R. 1084
Reasoned order – Non-assigning of reasons – Effect of – Held: C Every judicial or/and quasi-judicial order passed by the court/ tribunal/authority concerned, which decides the lis between the parties, must be supported with the reasons in support of its conclusion – In the absence thereof, it is not possible to know as…
Also on Law on Tips: Bare Acts · Legal news and analysis
substantial error in the order of High Court – The accused are entitled to be acquitted as a reasonable suspicion or doubt persists regarding the guilt of the accused – Acquittal order confirmed.. Criminal Law: Presumption of innocence – Held: Where appellate court F acquits the accused, there is a double presumption i…
Supreme Court of India5 Apr 2019Full text
2019 INSC 469 · [2019] 6 S.C.R. 472
B Allowing the appeal, the Court HELD: 1.1 The High Court erred in interfering in the concurrent findings of facts of the two Courts below, which dismissed the plaintiffs’ suit. The trial court and the first appellate court on appreciating the evidence of the parties had rightly come C to a conclusion that the plaintif…
Supreme Court of India5 Apr 2019Full text
2019 INSC 468 · [2019] 5 S.C.R. 751
Ms. Bhabhna Das, Krishna Dev Jagarlamudi, Advocates for the G Appellant. Abhimanyu Bhandari, Ms. Akriti Chaubey, Ms. Roohina Dua, Kunwar Aditya Singh, Ejaz Maqbool, S. Udaya Kumar Sagar, Mrityunjai Singh, Advs. for the Respondents. H G. RAMESH v. KANIKE HARISH KUMAR UJWAL & ANR. 753 The Judgment of the Court was delive…
Supreme Court of India5 Apr 2019Full text
2019 INSC 467 · [2019] 6 S.C.R. 461
Boarding House in Public School in New Delhi and the mother to take custody of the boy in the summer vacation and to ensure that he returns to Boarding House after summer vacation – Case of the mother that after summer vacation son not willing to study in the boarding school and intends to study in the old school in Sh…
Supreme Court of India4 Apr 2019Full text
2019 INSC 464 · [2019] 6 S.C.R. 457
Rishi Malhotra, Utkarsh Singh, Advs. for the Appellants. B Mrs. Rani Chhabra, Advs. for the Respondent. The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal is directed against the final judgment and order C dated 14.05.2012 passed by the High Court of Judicature at Allaha…
Supreme Court of India4 Apr 2019Full text
2019 INSC 463 · [2019] 5 S.C.R. 1185
– Section 58(c) of Transfer of Property Act when read with s. 37A of Money Lenders Act, it is clear that the legislature intended to override the effect of proviso to s. 58(c) by enacting s. 37A – s. 37A is traceable to the Entry ‘Transfer of Property’ in the Concurrent List and not to ‘money lending’ in State List of …
Supreme Court of India4 Apr 2019Full text
2019 INSC 462 · [2019] 6 S.C.R. 443
443 444 SUPREME COURT REPORTS [2019] 6 S.C.R. A the said Will and it was observed that the later Will claimed by the present appellant cannot be taken to be duly proved and being a finding of fact duly supported by the material on record, there is no perversity or manifest error in the finding to be reviewed by this Co…
Supreme Court of India3 Apr 2019Full text
2019 INSC 460 · [2019] 6 S.C.R. 402
Rule of primogeniture is not applicable to the Muslims as per the Personal Law – Entire 1948 Deed as amended in the year 1973 has to be read together to find out the process of appointment of Chief Mutawalli – At least two provisions of the 1973 Deed are that the senior most male descendant in the line of succession of…
Supreme Court of India11 Jan 2019Full text
2019 INSC 46 · [2019] 1 S.C.R. 236
application for discharge u/s.245(2) allowed – Respondent No.2 to pay Rs.25,000/- to each appellant by way of costs for initiating frivolous litigation – Costs. Rajiv Thapar v. Madan Lal Kapoor (2013) 3 SCC 330 – referred to. H 236 SRI SURESH KUMAR GOYAL v. STATE OF UTTAR PRADESH 237 Case Law Reference A (2013) 3 SCC 3…
Supreme Court of India3 Apr 2019Full text
2019 INSC 459 · [2019] 6 S.C.R. 382
– While it is true that it was open to the reversioner to ignore the sale deed executed by the widow, as not binding on her, as far as suit for recovery of possession, the law clearly provided for a period of 12 years and the period of limitation started with the death of the G limited owner, namely, the widow in 1938 …
Supreme Court of India2 Apr 2019Full text
2019 INSC 458 · [2019] 5 S.C.R. 1169
Consumer Protection Act, 1986 – s.2(r) – Unfair and B unreasonable apartment buyer’s agreement – Held: A term of a contract will not be final and binding if it is shown that the flat purchasers had no option but to sign on the dotted line, on a contract framed by the builder – The contractual terms of the Buyer’s Agree…
Supreme Court of India2 Apr 2019Full text
2019 INSC 457 · [2019] 6 S.C.R. 307
Banking Regulation Act, 1949 – s.35A, 35AA and 35AB – Reserve Bank of India Act, 1934 – s.45L – Reserve Bank of India issued a circular on 12.02.2018, by which RBI promulgated a revised H 307 308 SUPREME COURT REPORTS [2019] 6 S.C.R. A framework for resolution of stressed assets – According to RBI, the said circular at…
Supreme Court of India2 Apr 2019Full text
2019 INSC 456 · [2019] 5 S.C.R. 1060
being inadmissible in evidence, is not permissible – Issue of admissibility of the document/evidence would be a matter for trial – Taking into account the totality of the report made u/s.173 of CrPC, the accompanying documents and the evidence already presented to the Court, including the redacted statements of the pro…
Supreme Court of India2 Apr 2019Full text
2019 INSC 454 · [2019] 5 S.C.R. 1141
whether the plaint was barred u/s. 4 of the Act or not could not have been subject matter of assessment at the stage when application u/Or. VII r.11 was taken up – The matter required fuller and final consideration after the evidence was led by the parties – Application u/Or. VII r.11 is dismissed. E Allowing the appea…
Supreme Court of India2 Apr 2019Full text
2019 INSC 451 · [2019] 6 S.C.R. 1014
– In CAT, Chandigarh Bench, case titled Dewan Chand & Ors. vs. Union of India was filed wherein the Tribunal vide order dated 25.08.2009 quashed the seniority list and directed redrawing the seniority list – Appellant was not party to the said case – Appellant filed review petition before the Tribunal – Dismissed on 18…
Supreme Court of India11 Jan 2019Full text
2019 INSC 45 · [2019] 2 S.C.R. 571
572 SUPREME COURT REPORTS [2019] 2 S.C.R. A Disposing of the appeals, the Court HELD: 1.1 In the instant case, the sale deeds Exts.P1, P2 and P3 relied upon by the landholders pertained to lands from villages Bas Kusla and Dhana and were of the year 1997 that is after the acquisition was initiated in Pran Sukh’s case. …
Supreme Court of India2 Apr 2019Full text
2019 INSC 449 · [2019] 6 S.C.R. 1028
Dismissing the appeals, the Court G HELD: 1. In terms of the Section 1(3)(c) of the Payment of Gratuity Act, 1972, the Central Government has published a notification on 08.01.1982 and specified Local Bodies in which ten or more persons are employed, or were employed, on any H 1028 NAGAR AYUKT NAGAR NIGAM, KANPUR v. 10…
Supreme Court of India1 Apr 2019Full text
2019 INSC 448 · [2019] 5 S.C.R. 1131
1131 1132 SUPREME COURT REPORTS [2019] 5 S.C.R. A the dispute has not been proved by the prosecution. The statement of the witnesses in respect of injuries caused is not consistent. However, all the injured witnesses have consistently deposed the death of deceased by the appellant. [Paras 11 and 18][1139-A-C; 1136-E] B…
Supreme Court of India1 Apr 2019Full text
2019 INSC 447 · [2019] 2 S.C.R. 1084
Reasoned order – Non-assigning of reasons – Effect of – Held: C Every judicial or/and quasi-judicial order passed by the court/ tribunal/authority concerned, which decides the lis between the parties, must be supported with the reasons in support of its conclusion – In the absence thereof, it is not possible to know as…
Also on Law on Tips: Bare Acts · Legal news and analysis