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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.
5,601–5,620 · Page 281 of 500
Supreme Court of India13 Mar 2019Full text
2019 INSC 359 · [2019] 5 S.C.R. 357
H 357 358 SUPREME COURT REPORTS [2019] 5 S.C.R. A Allowing the appeal, the Court HELD: 1.The short question which is posed for consideration before this Court is, right of a married daughter by way of succession in the “lease premises” and whether with respect to “lease premises”, a married daughter shall have a B righ…
Supreme Court of India13 Mar 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.
5,601–5,620 · Page 281 of 500
Supreme Court of India13 Mar 2019Full text
2019 INSC 359 · [2019] 5 S.C.R. 357
H 357 358 SUPREME COURT REPORTS [2019] 5 S.C.R. A Allowing the appeal, the Court HELD: 1.The short question which is posed for consideration before this Court is, right of a married daughter by way of succession in the “lease premises” and whether with respect to “lease premises”, a married daughter shall have a B righ…
Supreme Court of India13 Mar 2019Full text
2019 INSC 358 · [2019] 5 S.C.R. 484
– ECGC rejected the claim of the first respondent inter alia invoking G exclusionary provision – First respondent’s complaint allowed by the State Commission – National Commission confirmed the order – On appeal, held: First respondent was unable to produce the relevant documents as required by ECGC – Further, ECGC rai…
Supreme Court of India13 Mar 2019Full text
2019 INSC 357 · [2019] 4 S.C.R. 1069
1070 SUPREME COURT REPORTS [2019] 4 S.C.R. A Allowing the appeal, the Court HELD: 1.1 The plaintiff has specifically admitted that the plaintiff and his brother executed the gift deed on 06.03.1981. It is admitted that the gift deed is a registered gift deed. It also emerges from the plaint that till 2003, neither the …
Supreme Court of India13 Mar 2019Full text
2019 INSC 356 · [2019] 4 S.C.R. 1084
– The question framed by High Court cannot be said to be substantial question of law – Thus, High Court exceeded its jurisdiction while deciding the second appeal – First Appellate Court, on appreciation F of evidence, gave cogent reasons and High Court wrongly interfered with the same. Allowing the appeal, the Court H…
Supreme Court of India12 Mar 2019Full text
2019 INSC 355 · [2019] 2 S.C.R. 1040
The following Order of the Court was passed O R D E R G 1. Pursuant to the Order dated December 6, 2018 passed by this Court, we are informed by Senior Counsel Mr. D. A. Dave representing the State Trading Corporation of India, and Mr. Kapil Sibal, Senior Advocate for the Respondents, that the amount of Rs. 600 crores …
Supreme Court of India12 Mar 2019Full text
2019 INSC 354 · [2019] 4 S.C.R. 700
H 700 MUKESH CHAND v. STATE(NCT) OF DELHI & ANR. 701 From the Judgment and Order dated 10.12.2018 of the High Court A of Delhi at New Delhi in Crl. M.A. No. 49292 of 2018 in Crl. M.C. No. 2757 of 2018 . V. K. Sharma, Anil Kumar Gautam, Advs. for the Appellant. K. M. Nataraj, ASG, Ms. Rukhmini Bobde, Amit Kumar (for BB.…
Supreme Court of India12 Mar 2019Full text
2019 INSC 353 · [2019] 5 S.C.R. 313
Dismissing the Writ Petition, the Court HELD: 1. When contempt is committed in the face of the Court, judges’ hands are not tied behind their backs. The majesty of this Court as well as the administration of justice both demand that contemptuous behavior of this kind be dealt with sternly. An early judgment of this Cou…
Supreme Court of India12 Mar 2019Full text
2019 INSC 352 · [2019] 5 S.C.R. 1049
appeal, held: Merely on entertaining a different view on interpretation of rule 75, it was not open to Division Bench of High Court to review previous judgment and order passed by a different Division Bench of High Court – High Court while deciding the review has committed a fundamental jurisdictional error – It has ac…
Supreme Court of India12 Mar 2019Full text
2019 INSC 351 · [2019] 4 S.C.R. 704
Remanding the matter to the High Court, the Court HELD: 1. The High Court failed to notice Section 560 (5) F proviso (a) of the Companies Act and further failed to notice Chapter XV of the Income Tax Act which deals with “liability in special cases” and its clause (L) which deals with “discontinuance of business or dis…
Supreme Court of India8 Jan 2019Full text
2019 INSC 35 · [2019] 1 S.C.R. 145
– In the facts and circumstances of the case, nature of the injunction relief was in order and merits no interference during pendency of the suit – Matter remanded to Single Judge – Patents Act, 1970 – s. 3(j) and 64. B Disposing of the appeals, the Court HELD: 1. Section 64 of the Patents Act provides for revocation o…
Supreme Court of India12 Mar 2019Full text
2019 INSC 349 · [2019] 4 S.C.R. 1063
Appellant filed second appeals in the High Court – High Court dismissed the appeals – Revision petitions also dismissed by High Court – Held: Though the High Court framed three substantial questions but did not answer any of them on their respective merit either way – Instead it dismissed the second appeals on the ques…
Supreme Court of India12 Mar 2019Full text
2019 INSC 348 · [2019] 5 S.C.R. 340
the writ petitions – However, Division Bench of High Court set aside the judgment of the Single Judge and directed the State to draw the seniority list taking Direct recruit Assistants, Promotee graduate Assistants and Promotee non-graduate Assistants as one group for promotion as Deputy Tahsildar – On appeal, held: Di…
Supreme Court of India12 Mar 2019Full text
2019 INSC 347 · [2019] 2 S.C.R. 1000
Dismissing the appeals, the Court F HELD: 1. It is not in dispute that the appellants had been contesting the civil suit and the first appeal since inception. They were, therefore, fully aware of the adverse orders passed in the first appeal against them. There was, therefore, no justification on their part to keep qui…
Supreme Court of India12 Mar 2019Full text
2019 INSC 345 · [2019] 3 S.C.R. 529
not be recovered – Review petition dismissed – On appeal, held: High Court rightly concluded that the workman did not work continuously for one year – Such finding of fact is binding on Supreme Court and cannot be examined de novo in appellate jurisdiction u/Art. 136 of Constitution – High Court also rightly held that …
Supreme Court of India11 Mar 2019Full text
2019 INSC 341 · [2019] 2 S.C.R. 984
984 M/S ICOMM TELE LTD. v. PUNJAB STATE WATER SUPPLY & 985 SEWERAGE BOARD & ANR. 1.2 A “deposit-at-call” of 10% of the amount claimed, which A can amount to large sums of money, is obviously without any direct nexus to the filing of frivolous claims, as it applies to all claims (frivolous or otherwise) made at the very…
Supreme Court of India11 Mar 2019Full text
2019 INSC 340 · [2019] 4 S.C.R. 1099
F The respondent was enrolled in the Indian Army as a Sepoy in the Army Service Corps. Having failed to report to his new Unit, he was declared as absent without leave. However, after a lapse of 302 days, the respondent reported to the ASC Centre (North) at Gaya. Thereafter, he was tried by a Summary Court Martial, whe…
Supreme Court of India8 Jan 2019Full text
2019 INSC 34 · [2019] 1 S.C.R. 130
130 SUPREME COURT[2019]REPORTS1 S.C.R. 130 [2019] 1 S.C.R. A THE ADDITIONAL COMMISSIONER (LEGAL), COMMERCIAL TAXES, RAJASTHAN & ANR. v. M/S. LOHIYA AGENCIES & ANR. B (Civil Appeal Nos. 180-186 of 2019) JANUARY 08, 2019 [RANJAN GOGOI, SANJAY KISHAN KAUL AND K. M. JOSEPH, JJ.] Rajasthan Value Added Tax, 2003: C Schedule …
Supreme Court of India8 Mar 2019Full text
2019 INSC 339 · [2019] 4 S.C.R. 694
Rules – r.52, NCLAT Rules categorically states that the judicial section of the registry of the NCLAT shall record, in the “Notes of the Registry” column in the order sheet, the details regarding completion of service of notice on the respondents – Material placed does not indicate that the aforementioned stipulation w…
Supreme Court of India8 Mar 2019Full text
2019 INSC 338 · [2019] 3 S.C.R. 523
H 523 524 SUPREME COURT REPORTS [2019] 3 S.C.R. A Annam D. N. Rao, A. Venkatesh, Rahul Mishra, Advs. for the Appellants. The Judgment of the Court was delivered by UDAY UMESH LALIT, J. 1. This appeal challenges the correctness of the judgment and order dated 08.03.2018 passed by the B High Court of Judicature at Hydera…
Supreme Court of India8 Mar 2019Full text
2019 INSC 337 · [2019] 4 S.C.R. 1034
2. Commuted Value of Pension (CVP) is inter-linked with B pension. Pension is not a bounty. It is a legal as well as a fundamental right of a Government servant to receive his pension. It is not an act of grace by the employer but it is the right of the Government servant who has put in the required number of years of …
Also on Law on Tips: Bare Acts · Legal news and analysis
2019 INSC 358 · [2019] 5 S.C.R. 484
– ECGC rejected the claim of the first respondent inter alia invoking G exclusionary provision – First respondent’s complaint allowed by the State Commission – National Commission confirmed the order – On appeal, held: First respondent was unable to produce the relevant documents as required by ECGC – Further, ECGC rai…
Supreme Court of India13 Mar 2019Full text
2019 INSC 357 · [2019] 4 S.C.R. 1069
1070 SUPREME COURT REPORTS [2019] 4 S.C.R. A Allowing the appeal, the Court HELD: 1.1 The plaintiff has specifically admitted that the plaintiff and his brother executed the gift deed on 06.03.1981. It is admitted that the gift deed is a registered gift deed. It also emerges from the plaint that till 2003, neither the …
Supreme Court of India13 Mar 2019Full text
2019 INSC 356 · [2019] 4 S.C.R. 1084
– The question framed by High Court cannot be said to be substantial question of law – Thus, High Court exceeded its jurisdiction while deciding the second appeal – First Appellate Court, on appreciation F of evidence, gave cogent reasons and High Court wrongly interfered with the same. Allowing the appeal, the Court H…
Supreme Court of India12 Mar 2019Full text
2019 INSC 355 · [2019] 2 S.C.R. 1040
The following Order of the Court was passed O R D E R G 1. Pursuant to the Order dated December 6, 2018 passed by this Court, we are informed by Senior Counsel Mr. D. A. Dave representing the State Trading Corporation of India, and Mr. Kapil Sibal, Senior Advocate for the Respondents, that the amount of Rs. 600 crores …
Supreme Court of India12 Mar 2019Full text
2019 INSC 354 · [2019] 4 S.C.R. 700
H 700 MUKESH CHAND v. STATE(NCT) OF DELHI & ANR. 701 From the Judgment and Order dated 10.12.2018 of the High Court A of Delhi at New Delhi in Crl. M.A. No. 49292 of 2018 in Crl. M.C. No. 2757 of 2018 . V. K. Sharma, Anil Kumar Gautam, Advs. for the Appellant. K. M. Nataraj, ASG, Ms. Rukhmini Bobde, Amit Kumar (for BB.…
Supreme Court of India12 Mar 2019Full text
2019 INSC 353 · [2019] 5 S.C.R. 313
Dismissing the Writ Petition, the Court HELD: 1. When contempt is committed in the face of the Court, judges’ hands are not tied behind their backs. The majesty of this Court as well as the administration of justice both demand that contemptuous behavior of this kind be dealt with sternly. An early judgment of this Cou…
Supreme Court of India12 Mar 2019Full text
2019 INSC 352 · [2019] 5 S.C.R. 1049
appeal, held: Merely on entertaining a different view on interpretation of rule 75, it was not open to Division Bench of High Court to review previous judgment and order passed by a different Division Bench of High Court – High Court while deciding the review has committed a fundamental jurisdictional error – It has ac…
Supreme Court of India12 Mar 2019Full text
2019 INSC 351 · [2019] 4 S.C.R. 704
Remanding the matter to the High Court, the Court HELD: 1. The High Court failed to notice Section 560 (5) F proviso (a) of the Companies Act and further failed to notice Chapter XV of the Income Tax Act which deals with “liability in special cases” and its clause (L) which deals with “discontinuance of business or dis…
Supreme Court of India8 Jan 2019Full text
2019 INSC 35 · [2019] 1 S.C.R. 145
– In the facts and circumstances of the case, nature of the injunction relief was in order and merits no interference during pendency of the suit – Matter remanded to Single Judge – Patents Act, 1970 – s. 3(j) and 64. B Disposing of the appeals, the Court HELD: 1. Section 64 of the Patents Act provides for revocation o…
Supreme Court of India12 Mar 2019Full text
2019 INSC 349 · [2019] 4 S.C.R. 1063
Appellant filed second appeals in the High Court – High Court dismissed the appeals – Revision petitions also dismissed by High Court – Held: Though the High Court framed three substantial questions but did not answer any of them on their respective merit either way – Instead it dismissed the second appeals on the ques…
Supreme Court of India12 Mar 2019Full text
2019 INSC 348 · [2019] 5 S.C.R. 340
the writ petitions – However, Division Bench of High Court set aside the judgment of the Single Judge and directed the State to draw the seniority list taking Direct recruit Assistants, Promotee graduate Assistants and Promotee non-graduate Assistants as one group for promotion as Deputy Tahsildar – On appeal, held: Di…
Supreme Court of India12 Mar 2019Full text
2019 INSC 347 · [2019] 2 S.C.R. 1000
Dismissing the appeals, the Court F HELD: 1. It is not in dispute that the appellants had been contesting the civil suit and the first appeal since inception. They were, therefore, fully aware of the adverse orders passed in the first appeal against them. There was, therefore, no justification on their part to keep qui…
Supreme Court of India12 Mar 2019Full text
2019 INSC 345 · [2019] 3 S.C.R. 529
not be recovered – Review petition dismissed – On appeal, held: High Court rightly concluded that the workman did not work continuously for one year – Such finding of fact is binding on Supreme Court and cannot be examined de novo in appellate jurisdiction u/Art. 136 of Constitution – High Court also rightly held that …
Supreme Court of India11 Mar 2019Full text
2019 INSC 341 · [2019] 2 S.C.R. 984
984 M/S ICOMM TELE LTD. v. PUNJAB STATE WATER SUPPLY & 985 SEWERAGE BOARD & ANR. 1.2 A “deposit-at-call” of 10% of the amount claimed, which A can amount to large sums of money, is obviously without any direct nexus to the filing of frivolous claims, as it applies to all claims (frivolous or otherwise) made at the very…
Supreme Court of India11 Mar 2019Full text
2019 INSC 340 · [2019] 4 S.C.R. 1099
F The respondent was enrolled in the Indian Army as a Sepoy in the Army Service Corps. Having failed to report to his new Unit, he was declared as absent without leave. However, after a lapse of 302 days, the respondent reported to the ASC Centre (North) at Gaya. Thereafter, he was tried by a Summary Court Martial, whe…
Supreme Court of India8 Jan 2019Full text
2019 INSC 34 · [2019] 1 S.C.R. 130
130 SUPREME COURT[2019]REPORTS1 S.C.R. 130 [2019] 1 S.C.R. A THE ADDITIONAL COMMISSIONER (LEGAL), COMMERCIAL TAXES, RAJASTHAN & ANR. v. M/S. LOHIYA AGENCIES & ANR. B (Civil Appeal Nos. 180-186 of 2019) JANUARY 08, 2019 [RANJAN GOGOI, SANJAY KISHAN KAUL AND K. M. JOSEPH, JJ.] Rajasthan Value Added Tax, 2003: C Schedule …
Supreme Court of India8 Mar 2019Full text
2019 INSC 339 · [2019] 4 S.C.R. 694
Rules – r.52, NCLAT Rules categorically states that the judicial section of the registry of the NCLAT shall record, in the “Notes of the Registry” column in the order sheet, the details regarding completion of service of notice on the respondents – Material placed does not indicate that the aforementioned stipulation w…
Supreme Court of India8 Mar 2019Full text
2019 INSC 338 · [2019] 3 S.C.R. 523
H 523 524 SUPREME COURT REPORTS [2019] 3 S.C.R. A Annam D. N. Rao, A. Venkatesh, Rahul Mishra, Advs. for the Appellants. The Judgment of the Court was delivered by UDAY UMESH LALIT, J. 1. This appeal challenges the correctness of the judgment and order dated 08.03.2018 passed by the B High Court of Judicature at Hydera…
Supreme Court of India8 Mar 2019Full text
2019 INSC 337 · [2019] 4 S.C.R. 1034
2. Commuted Value of Pension (CVP) is inter-linked with B pension. Pension is not a bounty. It is a legal as well as a fundamental right of a Government servant to receive his pension. It is not an act of grace by the employer but it is the right of the Government servant who has put in the required number of years of …
Also on Law on Tips: Bare Acts · Legal news and analysis