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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.
5,561–5,580 · Page 279 of 500
Supreme Court of India26 Mar 2019Full text
2019 INSC 402 · [2019] 5 S.C.R. 21
Abhinav Mukerji, Ms. Bihu Sharma, Ms. Pratishtha Vij, Ms. Purnima Krishna, Advs. for the Respondents. The Judgment of the Court was delivered by C ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal is directed against the final judgment and order dated 30.01.2014 passed by the High Court of Judicature at Patna in…
Supreme Court of India26 Mar 2019Full text
2019 INSC 401 · [2019] 6 S.C.R. 154
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.
5,561–5,580 · Page 279 of 500
Supreme Court of India26 Mar 2019Full text
2019 INSC 402 · [2019] 5 S.C.R. 21
Abhinav Mukerji, Ms. Bihu Sharma, Ms. Pratishtha Vij, Ms. Purnima Krishna, Advs. for the Respondents. The Judgment of the Court was delivered by C ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal is directed against the final judgment and order dated 30.01.2014 passed by the High Court of Judicature at Patna in…
Supreme Court of India26 Mar 2019Full text
2019 INSC 401 · [2019] 6 S.C.R. 154
451 CrPC to direct release of the seized vehicle – Order passed by the High Court u/s. 482 CrPC directing the Magistrate to pass orders for interim release of the seized vehicle set aside – Code of Criminal Procedure, 1973 – ss. 451, 482. Allowing the appeals, the Court E HELD: 1.1 Under sub-section (1) of Section 52 o…
Supreme Court of India26 Mar 2019Full text
2019 INSC 400 · [2019] 5 S.C.R. 25
report directed under sub-section (2A), without an application by the assessee – Amendment was intended to remove ambiguity and is clarificatory in nature . Allowing the appeals, the Court HELD: 1.1 Sub-section (2A) of Section 142 of the Income F Tax Act, 1961 empowers the assessing officer to direct the assessee to ge…
Supreme Court of India9 Jan 2019Full text
2019 INSC 40 · [2019] 1 S.C.R. 179
[2019] 1 S.C.R. 179 179 REGIONAL TRANSPORT OFFICER & ORS. ETC. A v. K. JAYACHANDRA & ANR. ETC. (Civil Appeal Nos. 219-222 of 2019) JANUARY 09, 2019 B [ARUN MISHRA AND VINEET SARAN, JJ.] Motor Vehicles Act, 1988: s. 52 (as amended by Act 27/2000) – Alteration in motor vehicle – Permissible limit – Held: The very object …
Supreme Court of India3 Jan 2019Full text
2019 INSC 4 · [2019] 1 S.C.R. 281
computation of pension, the appellant is not precluded to raise the issues again, the principle of res judicata/estoppel not attracted – Fundamental Rules – rr. 9(21)(a)(i) and 9(25) – Central Civil Services Pension Rules, 1972 – r. 33. H 281 282 SUPREME COURT REPORTS [2019] 1 S.C.R. A Dismissing the appeals, the Court…
Supreme Court of India26 Mar 2019Full text
2019 INSC 399 · [2019] 5 S.C.R. 61
[2019] 5 S.C.R. 61 61 MODERN TRANSPORTATION CONSULTATION SERVICES A PVT. LTD. & ANR. v. CENTRAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION & ORS. B (Civil Appeal No. 7698 of 2009) MARCH 26, 2019 [ABHAY MANOHAR SAPRE AND DINESH MAHESHWARI, JJ.] C Employees’ Provident Fund and Miscellaneous Provisi…
Supreme Court of India26 Mar 2019Full text
2019 INSC 398 · [2019] 2 S.C.R. 1042
time took the impugned action to resume the land against them – Such averment by itself would not constitute a plea of mala fides without there being any substantial material in its support – The Division Bench of High Court was right in upholding the resumption order as being legal and in conformity with clause 4 of t…
Supreme Court of India25 Mar 2019Full text
2019 INSC 397 · [2019] 5 S.C.R. 897
Disposing of the appeals, the Court B HELD: At the present stage, the limited issue with which this Court is concerned is whether a direction for the deletion of the second respondent was warranted. On the basis of the material on record, it is not possible for the Court to conclude at this stage that the second respon…
Supreme Court of India25 Mar 2019Full text
2019 INSC 396 · [2019] 5 S.C.R. 11
and Order dated 24.03.2015 of the High Court of Judicature at Bombay in Criminal Appeal No. 700 of 2013 Ravi Prakash Mehrotra, Ms. Deepti R. Mehrotra, Ankit…
Supreme Court of India25 Mar 2019Full text
2019 INSC 395 · [2019] 2 S.C.R. 1070
– Thus, the orders passed by the forum below for refund justified – Rate of interest payable by the developer to the buyer modified to 9% p.a. instead of 12% p.a. – Interest. H 1070 KOLKATA WEST INTERNATIONAL CITY PVT LTD v. 1071 DEVASIS RUDRA Disposing of the appeal, the Court A HELD: 1.1 Under the Agreement clause, a…
Supreme Court of India25 Mar 2019Full text
2019 INSC 394 · [2019] 5 S.C.R. 890
Therefore, the order passed by the National Consumer Commission does not suffer from any error. [Paras 12, 16, 17 and 18][984-G-H; 985-F-H; 986-A-B] CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7315 of 2016 C From the Judgment and Order dated 23.02.2016 of the National Consumer Disputes Redressal Commission, New Delh…
Supreme Court of India15 Mar 2019Full text
2019 INSC 393 · [2019] 5 S.C.R. 417
– On appeal, held: Appellant could not deny his signature on the D cheques in question – Said cheques were presented to the Bank concerned within the period of their validity and were returned unpaid for insufficient funds or for account being closed – All the basic ingredients of s.138 as also of ss.118 and 139 were a…
Supreme Court of India15 Mar 2019Full text
2019 INSC 392 · [2019] 5 S.C.R. 6
– Accordingly, appeal remanded to the High Court for its decisionF on merits in accordance with law along with another appeal, if pending – No opinion expressed on the merits of the case. Allowing the appeal, the Court HELD: 1.1 The High Court did not frame any substantialG question of law as is required to be framed u…
Supreme Court of India15 Mar 2019Full text
2019 INSC 391 · [2019] 2 S.C.R. 1014
Allowing the appeal, the Court HELD: The High Court while dismissing the revision did not assign any reason. The disposal of the revision in this manner E cannot be countenanced. The least that was expected of was that the High Court would apply its judicial mind to the factual and legal aspects arising in the case and…
Supreme Court of India15 Mar 2019Full text
2019 INSC 390 · [2019] 4 S.C.R. 254
254 SUPREME COURT[2019]REPORTS4 S.C.R. 254 [2019] 4 S.C.R. A P. BANDOPADHYA & ORS. v. UNION OF INDIA & ORS. (Civil Appeal No. 3149 of 2019) B MARCH 15, 2019 [UDAY UMESH LALIT AND INDU MALHOTRA, JJ.] Service Law: Pension – Entitlement to – Conversion of a Government C Department into Central Public Sector Undertaking/Au…
Supreme Court of India15 Mar 2019Full text
2019 INSC 389 · [2019] 4 S.C.R. 247
H DAUWALAL @ GANESH DEVANGAN v. STATE OF M.P. (NOW 249 STATE OF CHHATTISGARH) [UDAY UMESH LALIT, J.] Ajit Sharma(AC), Navin Prakash, Meetu Singh, Anshuman A Shrivastava, Abhijeet Shrivastava, B. Ramana Murthy, Advs. for the Appellants. Sumeer Sodhi, Aman Nandrajog, Ashish Tiwari, Suryakamal Mishra, Advs. for the Respon…
Supreme Court of India15 Mar 2019Full text
2019 INSC 388 · [2019] 2 S.C.R. 1017
1017 1018 SUPREME COURT REPORTS [2019] 2 S.C.R. A Institution is not in tribal or hilly areas, and it does not have its own Parent Hospital - Thus, grant of permission to run the M.Sc (Nursing) course for the academic session 2018-19 would not arise Dismissing the appeal, the Court HELD: 1.1 Though it may be true that …
Supreme Court of India15 Mar 2019Full text
2019 INSC 387 · [2019] 2 S.C.R. 1025
the Gramin Dak Sewak as per his voluntary resignation – Thus, respondent no. 1 became disentitled from the payment of gratuity under the 2011 Rules applicable to Gramin Dak Sewaks – Gramin Dak Sewak (Conduct and Engagement) Rules, 2011 – rr. 6(1), 6(13), 3-A (i). F Allowing the appeals, the Court HELD: 1.1 Section 1(3)…
Supreme Court of India15 Mar 2019Full text
2019 INSC 386 · [2019] 4 S.C.R. 208
uncontroverted, would lead to the conviction of the accused – In the present case, consideration of the application had been as if the existence of a case beyond reasonable doubt was being examined against the proposed accused – This was clearly an erroneous approach – Impugned order is set aside and application is res…
Supreme Court of India15 Mar 2019Full text
2019 INSC 385 · [2019] 4 S.C.R. 199
[2019] 4 S.C.R. 199 199 NANDLAL A v. THE STATE OF MAHARASHTRA (Criminal Appeal No. 510 of 2019) MARCH 15, 2019 B [R. BANUMATHI AND R. SUBHASH REDDY , JJ.] Penal Code, 1860 – s.302/34 or s.304 Part II – Conviction under – Prosecution case that there was exchange of abuse between the two parties over expenses of the cons…
Also on Law on Tips: Bare Acts · Legal news and analysis
451 CrPC to direct release of the seized vehicle – Order passed by the High Court u/s. 482 CrPC directing the Magistrate to pass orders for interim release of the seized vehicle set aside – Code of Criminal Procedure, 1973 – ss. 451, 482. Allowing the appeals, the Court E HELD: 1.1 Under sub-section (1) of Section 52 o…
Supreme Court of India26 Mar 2019Full text
2019 INSC 400 · [2019] 5 S.C.R. 25
report directed under sub-section (2A), without an application by the assessee – Amendment was intended to remove ambiguity and is clarificatory in nature . Allowing the appeals, the Court HELD: 1.1 Sub-section (2A) of Section 142 of the Income F Tax Act, 1961 empowers the assessing officer to direct the assessee to ge…
Supreme Court of India9 Jan 2019Full text
2019 INSC 40 · [2019] 1 S.C.R. 179
[2019] 1 S.C.R. 179 179 REGIONAL TRANSPORT OFFICER & ORS. ETC. A v. K. JAYACHANDRA & ANR. ETC. (Civil Appeal Nos. 219-222 of 2019) JANUARY 09, 2019 B [ARUN MISHRA AND VINEET SARAN, JJ.] Motor Vehicles Act, 1988: s. 52 (as amended by Act 27/2000) – Alteration in motor vehicle – Permissible limit – Held: The very object …
Supreme Court of India3 Jan 2019Full text
2019 INSC 4 · [2019] 1 S.C.R. 281
computation of pension, the appellant is not precluded to raise the issues again, the principle of res judicata/estoppel not attracted – Fundamental Rules – rr. 9(21)(a)(i) and 9(25) – Central Civil Services Pension Rules, 1972 – r. 33. H 281 282 SUPREME COURT REPORTS [2019] 1 S.C.R. A Dismissing the appeals, the Court…
Supreme Court of India26 Mar 2019Full text
2019 INSC 399 · [2019] 5 S.C.R. 61
[2019] 5 S.C.R. 61 61 MODERN TRANSPORTATION CONSULTATION SERVICES A PVT. LTD. & ANR. v. CENTRAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION & ORS. B (Civil Appeal No. 7698 of 2009) MARCH 26, 2019 [ABHAY MANOHAR SAPRE AND DINESH MAHESHWARI, JJ.] C Employees’ Provident Fund and Miscellaneous Provisi…
Supreme Court of India26 Mar 2019Full text
2019 INSC 398 · [2019] 2 S.C.R. 1042
time took the impugned action to resume the land against them – Such averment by itself would not constitute a plea of mala fides without there being any substantial material in its support – The Division Bench of High Court was right in upholding the resumption order as being legal and in conformity with clause 4 of t…
Supreme Court of India25 Mar 2019Full text
2019 INSC 397 · [2019] 5 S.C.R. 897
Disposing of the appeals, the Court B HELD: At the present stage, the limited issue with which this Court is concerned is whether a direction for the deletion of the second respondent was warranted. On the basis of the material on record, it is not possible for the Court to conclude at this stage that the second respon…
Supreme Court of India25 Mar 2019Full text
2019 INSC 396 · [2019] 5 S.C.R. 11
and Order dated 24.03.2015 of the High Court of Judicature at Bombay in Criminal Appeal No. 700 of 2013 Ravi Prakash Mehrotra, Ms. Deepti R. Mehrotra, Ankit…
Supreme Court of India25 Mar 2019Full text
2019 INSC 395 · [2019] 2 S.C.R. 1070
– Thus, the orders passed by the forum below for refund justified – Rate of interest payable by the developer to the buyer modified to 9% p.a. instead of 12% p.a. – Interest. H 1070 KOLKATA WEST INTERNATIONAL CITY PVT LTD v. 1071 DEVASIS RUDRA Disposing of the appeal, the Court A HELD: 1.1 Under the Agreement clause, a…
Supreme Court of India25 Mar 2019Full text
2019 INSC 394 · [2019] 5 S.C.R. 890
Therefore, the order passed by the National Consumer Commission does not suffer from any error. [Paras 12, 16, 17 and 18][984-G-H; 985-F-H; 986-A-B] CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7315 of 2016 C From the Judgment and Order dated 23.02.2016 of the National Consumer Disputes Redressal Commission, New Delh…
Supreme Court of India15 Mar 2019Full text
2019 INSC 393 · [2019] 5 S.C.R. 417
– On appeal, held: Appellant could not deny his signature on the D cheques in question – Said cheques were presented to the Bank concerned within the period of their validity and were returned unpaid for insufficient funds or for account being closed – All the basic ingredients of s.138 as also of ss.118 and 139 were a…
Supreme Court of India15 Mar 2019Full text
2019 INSC 392 · [2019] 5 S.C.R. 6
– Accordingly, appeal remanded to the High Court for its decisionF on merits in accordance with law along with another appeal, if pending – No opinion expressed on the merits of the case. Allowing the appeal, the Court HELD: 1.1 The High Court did not frame any substantialG question of law as is required to be framed u…
Supreme Court of India15 Mar 2019Full text
2019 INSC 391 · [2019] 2 S.C.R. 1014
Allowing the appeal, the Court HELD: The High Court while dismissing the revision did not assign any reason. The disposal of the revision in this manner E cannot be countenanced. The least that was expected of was that the High Court would apply its judicial mind to the factual and legal aspects arising in the case and…
Supreme Court of India15 Mar 2019Full text
2019 INSC 390 · [2019] 4 S.C.R. 254
254 SUPREME COURT[2019]REPORTS4 S.C.R. 254 [2019] 4 S.C.R. A P. BANDOPADHYA & ORS. v. UNION OF INDIA & ORS. (Civil Appeal No. 3149 of 2019) B MARCH 15, 2019 [UDAY UMESH LALIT AND INDU MALHOTRA, JJ.] Service Law: Pension – Entitlement to – Conversion of a Government C Department into Central Public Sector Undertaking/Au…
Supreme Court of India15 Mar 2019Full text
2019 INSC 389 · [2019] 4 S.C.R. 247
H DAUWALAL @ GANESH DEVANGAN v. STATE OF M.P. (NOW 249 STATE OF CHHATTISGARH) [UDAY UMESH LALIT, J.] Ajit Sharma(AC), Navin Prakash, Meetu Singh, Anshuman A Shrivastava, Abhijeet Shrivastava, B. Ramana Murthy, Advs. for the Appellants. Sumeer Sodhi, Aman Nandrajog, Ashish Tiwari, Suryakamal Mishra, Advs. for the Respon…
Supreme Court of India15 Mar 2019Full text
2019 INSC 388 · [2019] 2 S.C.R. 1017
1017 1018 SUPREME COURT REPORTS [2019] 2 S.C.R. A Institution is not in tribal or hilly areas, and it does not have its own Parent Hospital - Thus, grant of permission to run the M.Sc (Nursing) course for the academic session 2018-19 would not arise Dismissing the appeal, the Court HELD: 1.1 Though it may be true that …
Supreme Court of India15 Mar 2019Full text
2019 INSC 387 · [2019] 2 S.C.R. 1025
the Gramin Dak Sewak as per his voluntary resignation – Thus, respondent no. 1 became disentitled from the payment of gratuity under the 2011 Rules applicable to Gramin Dak Sewaks – Gramin Dak Sewak (Conduct and Engagement) Rules, 2011 – rr. 6(1), 6(13), 3-A (i). F Allowing the appeals, the Court HELD: 1.1 Section 1(3)…
Supreme Court of India15 Mar 2019Full text
2019 INSC 386 · [2019] 4 S.C.R. 208
uncontroverted, would lead to the conviction of the accused – In the present case, consideration of the application had been as if the existence of a case beyond reasonable doubt was being examined against the proposed accused – This was clearly an erroneous approach – Impugned order is set aside and application is res…
Supreme Court of India15 Mar 2019Full text
2019 INSC 385 · [2019] 4 S.C.R. 199
[2019] 4 S.C.R. 199 199 NANDLAL A v. THE STATE OF MAHARASHTRA (Criminal Appeal No. 510 of 2019) MARCH 15, 2019 B [R. BANUMATHI AND R. SUBHASH REDDY , JJ.] Penal Code, 1860 – s.302/34 or s.304 Part II – Conviction under – Prosecution case that there was exchange of abuse between the two parties over expenses of the cons…
Also on Law on Tips: Bare Acts · Legal news and analysis