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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.
5,581–5,600 · Page 280 of 500
Supreme Court of India15 Mar 2019Full text
2019 INSC 384 · [2019] 4 S.C.R. 218
Allowing the appeal, the Court F HELD: 1.1 The High Court erred in entertaining the petition filed by respondent Nos. 2 to 17 under Section 482 of the Code of Criminal Procedure, 1973 and further erred in allowing it in part. No proper investigation could be made by the Investigating Officer (IO) much less concluded on…
Supreme Court of India15 Mar 2019Full text
2019 INSC 383 · [2019] 5 S.C.R. 240
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.
5,581–5,600 · Page 280 of 500
Supreme Court of India15 Mar 2019Full text
2019 INSC 384 · [2019] 4 S.C.R. 218
Allowing the appeal, the Court F HELD: 1.1 The High Court erred in entertaining the petition filed by respondent Nos. 2 to 17 under Section 482 of the Code of Criminal Procedure, 1973 and further erred in allowing it in part. No proper investigation could be made by the Investigating Officer (IO) much less concluded on…
Supreme Court of India15 Mar 2019Full text
2019 INSC 383 · [2019] 5 S.C.R. 240
taking away minor children – Emergency petition by husband/ father before US Court – US Court passed order for continuing jurisdiction over custody matter and granted temporary custody to the wife/mother with direction to return the children to the jurisdiction of US Court – Husband/father’s application objecting E to …
Supreme Court of India15 Mar 2019Full text
2019 INSC 382 · [2019] 4 S.C.R. 765
765 766 SUPREME COURT REPORTS [2019] 4 S.C.R. A had to submit report within 15 days – When the appellant was released from the custody, his statement was duly taken and after considering his statement further Supplementary Report was submitted – In the show-cause notice with respect to the material relied by the Discip…
Supreme Court of India15 Mar 2019Full text
2019 INSC 381 · [2019] 5 S.C.R. 444
F Allowing the appeal, the Court HELD: 1. Keeping in view the law laid down by this Court in the case of Union of India v. Vartak Labour Union (2) and then examining the facts of the case at hand, this Court finds that the facts of the case at hand and the one which were subject matter G in the case of Union of India a…
Supreme Court of India15 Mar 2019Full text
2019 INSC 380 · [2019] 5 S.C.R. 225
Disposing of the appeals, the Court B HELD: 1. Existence of a duty of care In the instant case, the deceased and the complainant were guests in the hotel run by the appellant. Since the facility of a swimming pool was available for use by the guests of the hotel, there was a close and proximate relationship between the…
Supreme Court of India8 Jan 2019Full text
2019 INSC 38 · [2019] 1 S.C.R. 256
G CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 30 of 2019. From the Judgment and Order dated 28.10.2014 of the High Court of Delhi at New Delhi in Crl. Rev. P. No. 557 of 2012. H 256 CHANDER BHAN SINGH v. CENTRAL BUREAU OF 257 INVESTIGATION K. K. Rai, Sr. Adv., Tarkeshwar Nath, Chandrashekhar A. A Chakalabbi, S…
Supreme Court of India15 Mar 2019Full text
2019 INSC 379 · [2019] 5 S.C.R. 495
justified in dismissing the writ petition – Order of the Single Judge did not suffer from any error of fact or law – Order of the Division Bench set aside. Respondent joined the police service as Constable. He was dismissed from the service for misconduct on charge of F drunkenness and misbehavior with public. Writ pet…
Supreme Court of India15 Mar 2019Full text
2019 INSC 378 · [2019] 4 S.C.R. 222
H 222 KAIKHOSROU (CHICK) KAVASJI FRAMJI v. UOI 223 Precedent: Binding effect of – Reading a decision to find out A ratio decidendi – Three Judge Bench decisions – Judgment authored by one judge, and the other two judges concurred with the said view and the reasoning – Two concurring judges also supplemented their indiv…
Supreme Court of India15 Mar 2019Full text
2019 INSC 376 · [2019] 5 S.C.R. 1
Dismissing the appeals, the Court HELD: 1. The High Court was justified in holding that both the civil suits were barred and thus were not triable by the Civil Court in the light of express bar contained in Section 26 of the F Haryana Ceiling on Land Holdings Act, 1972. [Para 17] [4-E] 2. Mere perusal of the plaint in …
Supreme Court of India15 Mar 2019Full text
2019 INSC 372 · [2019] 5 S.C.R. 391
391 392 SUPREME COURT REPORTS [2019] 5 S.C.R. A General Insurance (Termination, Superannuation and Retirement of Officers and Development Staff) Scheme, 1976 – Cl. 4(4A) – General Insurance (Employees’) Pension Scheme, 1995 – Appellant tendered his resignation on 1.10.1993, however, termed it as ‘premature retirement’ …
Supreme Court of India14 Mar 2019Full text
2019 INSC 371 · [2019] 2 S.C.R. 1005
HELD: 1.1 The instant case is basically a matrimonial dispute wherein, the husband who is the complainant has levelled allegations against the wife and her other family members. Though Gin the FIR, the complainant has mentioned that 15 women and 35 men came by vehicles but the names of 11 persons alone were disclosed i…
Supreme Court of India14 Mar 2019Full text
2019 INSC 369 · [2019] 2 S.C.R. 1076
– Revision of pay of respondent in accordance with the Rules of D 2008, fixing pay u/r. 7 – Representation by respondent for fixation of pay u/r. 11, however, pay not fixed u/r. 11 – Application before the tribunal for correct fixation of pay u/r. 11 – Dismissal of application as also review – However, in writ petition…
Supreme Court of India14 Mar 2019Full text
2019 INSC 368 · [2019] 5 S.C.R. 504
– In writ appeal, Division Bench of High Court held that appointment order should have been issued as the candidate was acquitted in the criminal case giving him benefit of doubt – On appeal, held: If acquittal in criminal case is based on benefit of doubt or any other D technical reason, the employer can take into con…
Supreme Court of India14 Mar 2019Full text
2019 INSC 367 · [2019] 5 S.C.R. 202
– High Court in second appeal erred in ignoring the effect of the earlier order in writ proceedings – Thus, judgment of the Trial Court dismissing the civil suit restored. H 202 POORAN SINGH v. DHANIRAM (SINCE DEAD) THR. 203 LEGAL HEIRS The Predecessor-in-interest of appellant executed a sale A deed of the suit propert…
Supreme Court of India14 Mar 2019Full text
2019 INSC 366 · [2019] 4 S.C.R. 190
– Held: In C.A.@ SLP(C) No.5513/14, main order was passed by the High Court in the lead appeal filed by another landowner- Hari Singh – Hari Singh’s case also arose out of the same land acquisition F proceedings out of which the present bunch of appeal arises – In Hari Singh’s case, the High Court threadbare examined t…
Supreme Court of India14 Mar 2019Full text
2019 INSC 365 · [2019] 5 S.C.R. 471
– Applications submitted be reconsidered as against the 82 vacancies (out of 511 vacancies, 429 posts were filled) and in addition, against B any other vacancies that may presently exist in respect of the Sambalpur Division and those which may arise in the next two years. Lands were acquired between 1984-85 and 1992-93…
Supreme Court of India14 Mar 2019Full text
2019 INSC 364 · [2019] 5 S.C.R. 372
Tiruchanur village in Tirupati Rural Mandal, Chittoor District is a E minor Inam village and therefore attracts the provisions of the 1956 Act – Entire land comprised in Survey No.234 is classified as “Peddacheruvu Poramboke” (Tank) – All the communal government poramboke lands fall u/s.2-A of the 1956 Act – These land…
Supreme Court of India13 Mar 2019Full text
2019 INSC 362 · [2019] 5 S.C.R. 499
H 499 500 SUPREME COURT REPORTS [2019] 5 S.C.R. A Disposing of the appeals, the Court HELD: The finding of the Single Judge of the High Court is not sustainable that the cheques were not issued for creating any liability or debt, but ‘only’ for the payment of balance consideration and that in consequence, there was no …
Supreme Court of India13 Mar 2019Full text
2019 INSC 360 · [2019] 2 S.C.R. 1055
Amit Kapoor v. Ramesh Chander (2012) 9 SCC 460 : [2012] 7 SCR 988; State of Rajasthan v. Fatehkaran Mehdu (2017) 3 SCC 198 : [2017] 2 SCR 491; Chitresh Kumar Chopra v. State (NCT) of Delhi (2009) 16 SCC 605 : [2009] 13 SCR 230; Rajbir Singh v. State of U P (2006) 4 SCC 51 : [2006] 2 SCR 1134 – relied on. H 1055 1056 SU…
Supreme Court of India8 Jan 2019Full text
2019 INSC 36 · [2019] 1 S.C.R. 100
100 SUPREME COURT[2019]REPORTS1 S.C.R. 100 [2019] 1 S.C.R. A ALOK KUMAR VERMA v. UNION OF INDIA & ANR. (Writ Petition (Civil) No. 1309 of 2018) B JANUARY 08, 2019 [RANJAN GOGOI, CJI, SANJAY KISHAN KAUL AND K. M. JOSEPH, JJ.] Central Vigilance Commission Act, 2003 – ss.8(1)(a), (d) and 11 – Competence of the CVC and the…
Also on Law on Tips: Bare Acts · Legal news and analysis
taking away minor children – Emergency petition by husband/ father before US Court – US Court passed order for continuing jurisdiction over custody matter and granted temporary custody to the wife/mother with direction to return the children to the jurisdiction of US Court – Husband/father’s application objecting E to …
Supreme Court of India15 Mar 2019Full text
2019 INSC 382 · [2019] 4 S.C.R. 765
765 766 SUPREME COURT REPORTS [2019] 4 S.C.R. A had to submit report within 15 days – When the appellant was released from the custody, his statement was duly taken and after considering his statement further Supplementary Report was submitted – In the show-cause notice with respect to the material relied by the Discip…
Supreme Court of India15 Mar 2019Full text
2019 INSC 381 · [2019] 5 S.C.R. 444
F Allowing the appeal, the Court HELD: 1. Keeping in view the law laid down by this Court in the case of Union of India v. Vartak Labour Union (2) and then examining the facts of the case at hand, this Court finds that the facts of the case at hand and the one which were subject matter G in the case of Union of India a…
Supreme Court of India15 Mar 2019Full text
2019 INSC 380 · [2019] 5 S.C.R. 225
Disposing of the appeals, the Court B HELD: 1. Existence of a duty of care In the instant case, the deceased and the complainant were guests in the hotel run by the appellant. Since the facility of a swimming pool was available for use by the guests of the hotel, there was a close and proximate relationship between the…
Supreme Court of India8 Jan 2019Full text
2019 INSC 38 · [2019] 1 S.C.R. 256
G CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 30 of 2019. From the Judgment and Order dated 28.10.2014 of the High Court of Delhi at New Delhi in Crl. Rev. P. No. 557 of 2012. H 256 CHANDER BHAN SINGH v. CENTRAL BUREAU OF 257 INVESTIGATION K. K. Rai, Sr. Adv., Tarkeshwar Nath, Chandrashekhar A. A Chakalabbi, S…
Supreme Court of India15 Mar 2019Full text
2019 INSC 379 · [2019] 5 S.C.R. 495
justified in dismissing the writ petition – Order of the Single Judge did not suffer from any error of fact or law – Order of the Division Bench set aside. Respondent joined the police service as Constable. He was dismissed from the service for misconduct on charge of F drunkenness and misbehavior with public. Writ pet…
Supreme Court of India15 Mar 2019Full text
2019 INSC 378 · [2019] 4 S.C.R. 222
H 222 KAIKHOSROU (CHICK) KAVASJI FRAMJI v. UOI 223 Precedent: Binding effect of – Reading a decision to find out A ratio decidendi – Three Judge Bench decisions – Judgment authored by one judge, and the other two judges concurred with the said view and the reasoning – Two concurring judges also supplemented their indiv…
Supreme Court of India15 Mar 2019Full text
2019 INSC 376 · [2019] 5 S.C.R. 1
Dismissing the appeals, the Court HELD: 1. The High Court was justified in holding that both the civil suits were barred and thus were not triable by the Civil Court in the light of express bar contained in Section 26 of the F Haryana Ceiling on Land Holdings Act, 1972. [Para 17] [4-E] 2. Mere perusal of the plaint in …
Supreme Court of India15 Mar 2019Full text
2019 INSC 372 · [2019] 5 S.C.R. 391
391 392 SUPREME COURT REPORTS [2019] 5 S.C.R. A General Insurance (Termination, Superannuation and Retirement of Officers and Development Staff) Scheme, 1976 – Cl. 4(4A) – General Insurance (Employees’) Pension Scheme, 1995 – Appellant tendered his resignation on 1.10.1993, however, termed it as ‘premature retirement’ …
Supreme Court of India14 Mar 2019Full text
2019 INSC 371 · [2019] 2 S.C.R. 1005
HELD: 1.1 The instant case is basically a matrimonial dispute wherein, the husband who is the complainant has levelled allegations against the wife and her other family members. Though Gin the FIR, the complainant has mentioned that 15 women and 35 men came by vehicles but the names of 11 persons alone were disclosed i…
Supreme Court of India14 Mar 2019Full text
2019 INSC 369 · [2019] 2 S.C.R. 1076
– Revision of pay of respondent in accordance with the Rules of D 2008, fixing pay u/r. 7 – Representation by respondent for fixation of pay u/r. 11, however, pay not fixed u/r. 11 – Application before the tribunal for correct fixation of pay u/r. 11 – Dismissal of application as also review – However, in writ petition…
Supreme Court of India14 Mar 2019Full text
2019 INSC 368 · [2019] 5 S.C.R. 504
– In writ appeal, Division Bench of High Court held that appointment order should have been issued as the candidate was acquitted in the criminal case giving him benefit of doubt – On appeal, held: If acquittal in criminal case is based on benefit of doubt or any other D technical reason, the employer can take into con…
Supreme Court of India14 Mar 2019Full text
2019 INSC 367 · [2019] 5 S.C.R. 202
– High Court in second appeal erred in ignoring the effect of the earlier order in writ proceedings – Thus, judgment of the Trial Court dismissing the civil suit restored. H 202 POORAN SINGH v. DHANIRAM (SINCE DEAD) THR. 203 LEGAL HEIRS The Predecessor-in-interest of appellant executed a sale A deed of the suit propert…
Supreme Court of India14 Mar 2019Full text
2019 INSC 366 · [2019] 4 S.C.R. 190
– Held: In C.A.@ SLP(C) No.5513/14, main order was passed by the High Court in the lead appeal filed by another landowner- Hari Singh – Hari Singh’s case also arose out of the same land acquisition F proceedings out of which the present bunch of appeal arises – In Hari Singh’s case, the High Court threadbare examined t…
Supreme Court of India14 Mar 2019Full text
2019 INSC 365 · [2019] 5 S.C.R. 471
– Applications submitted be reconsidered as against the 82 vacancies (out of 511 vacancies, 429 posts were filled) and in addition, against B any other vacancies that may presently exist in respect of the Sambalpur Division and those which may arise in the next two years. Lands were acquired between 1984-85 and 1992-93…
Supreme Court of India14 Mar 2019Full text
2019 INSC 364 · [2019] 5 S.C.R. 372
Tiruchanur village in Tirupati Rural Mandal, Chittoor District is a E minor Inam village and therefore attracts the provisions of the 1956 Act – Entire land comprised in Survey No.234 is classified as “Peddacheruvu Poramboke” (Tank) – All the communal government poramboke lands fall u/s.2-A of the 1956 Act – These land…
Supreme Court of India13 Mar 2019Full text
2019 INSC 362 · [2019] 5 S.C.R. 499
H 499 500 SUPREME COURT REPORTS [2019] 5 S.C.R. A Disposing of the appeals, the Court HELD: The finding of the Single Judge of the High Court is not sustainable that the cheques were not issued for creating any liability or debt, but ‘only’ for the payment of balance consideration and that in consequence, there was no …
Supreme Court of India13 Mar 2019Full text
2019 INSC 360 · [2019] 2 S.C.R. 1055
Amit Kapoor v. Ramesh Chander (2012) 9 SCC 460 : [2012] 7 SCR 988; State of Rajasthan v. Fatehkaran Mehdu (2017) 3 SCC 198 : [2017] 2 SCR 491; Chitresh Kumar Chopra v. State (NCT) of Delhi (2009) 16 SCC 605 : [2009] 13 SCR 230; Rajbir Singh v. State of U P (2006) 4 SCC 51 : [2006] 2 SCR 1134 – relied on. H 1055 1056 SU…
Supreme Court of India8 Jan 2019Full text
2019 INSC 36 · [2019] 1 S.C.R. 100
100 SUPREME COURT[2019]REPORTS1 S.C.R. 100 [2019] 1 S.C.R. A ALOK KUMAR VERMA v. UNION OF INDIA & ANR. (Writ Petition (Civil) No. 1309 of 2018) B JANUARY 08, 2019 [RANJAN GOGOI, CJI, SANJAY KISHAN KAUL AND K. M. JOSEPH, JJ.] Central Vigilance Commission Act, 2003 – ss.8(1)(a), (d) and 11 – Competence of the CVC and the…
Also on Law on Tips: Bare Acts · Legal news and analysis