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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.
5,701–5,720 · Page 286 of 500
Supreme Court of India21 Feb 2019Full text
2019 INSC 247 · [2019] 11 S.C.R. 295
[2019] 11 S.C.R. 295 295 DATTATRAYA @ DATTA AMBO ROKADE A v. THE STATE OF MAHARASHTRA (Criminal Appeal Nos. 1110-1111 of 2015) FEBRUARY 21, 2019 B [N. V. RAMANA, DEEPAK GUPTA AND INDIRA BANERJEE, JJ.] Penal Code, 1860: ss. 302, 376(2)(f), 377, 363, 364, 367 and 201 r/w ss. 3,4,5 (i) (l) and (m) of the Protection of Chi…
Supreme Court of India21 Feb 2019Full text
2019 INSC 246 · [2019] 4 S.C.R. 815
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.
5,701–5,720 · Page 286 of 500
Supreme Court of India21 Feb 2019Full text
2019 INSC 247 · [2019] 11 S.C.R. 295
[2019] 11 S.C.R. 295 295 DATTATRAYA @ DATTA AMBO ROKADE A v. THE STATE OF MAHARASHTRA (Criminal Appeal Nos. 1110-1111 of 2015) FEBRUARY 21, 2019 B [N. V. RAMANA, DEEPAK GUPTA AND INDIRA BANERJEE, JJ.] Penal Code, 1860: ss. 302, 376(2)(f), 377, 363, 364, 367 and 201 r/w ss. 3,4,5 (i) (l) and (m) of the Protection of Chi…
Supreme Court of India21 Feb 2019Full text
2019 INSC 246 · [2019] 4 S.C.R. 815
815 816 SUPREME COURT REPORTS [2019] 4 S.C.R. A awarded in the rarest of rare cases – Keeping in view all the circumstances of the case, regardless of the brutal nature of crime, the present is not a fit case where death sentence should be executed – Death sentence commuted to life imprisonment – However, keeping in vi…
Supreme Court of India21 Feb 2019Full text
2019 INSC 245 · [2019] 4 S.C.R. 829
containers from the premises – Rejected – Respondent filed writ petition, inter alia, seeking permission to remove the containers lying on the premises – Single Judge while holding that there are different views taken by two different Division Benches of the Calcutta High Court in Canoro Resources and Indian Rayon on t…
Supreme Court of India20 Feb 2019Full text
2019 INSC 244 · [2019] 4 S.C.R. 504
at section 2(i)(iv) apply, evidence must be led to show that…
Supreme Court of India20 Feb 2019Full text
2019 INSC 242 · [2019] 4 S.C.R. 64
64 RELIANCE COMMUNICATION LIMITED v. STATE BANK OF 65 INDIA Court inter alia ordered that as a last opportunity, the amount must A be paid on or before 15.12.2018 – Second application to extend time – Dismissed, as withdrawn – Second contempt petition filed by Ericsson for non-payment of INR 550 Crore on or before 15.1…
Supreme Court of India20 Feb 2019Full text
2019 INSC 241 · [2019] 4 S.C.R. 617
Petitioner filed G.As. in the respective execution cases, objecting the enforceability of the foreign awards – Rejected – On appeal, held: Grounds urged by the petitioner in the earlier round regarding the maintainability of the execution case could not have been considered in isolation and de hors the issue of enforce…
Supreme Court of India20 Feb 2019Full text
2019 INSC 240 · [2019] 5 S.C.R. 836
Part II, 302. Allowing the appeal, the Court HELD: 1.1 The High Court interfered with and reduced the sentence awarded by the Trial Court on rather irrelevant considerations, while ignoring the relevant factors and the C governing principles for the award of punishment and hence, the order impugned cannot be sustained.…
Supreme Court of India7 Jan 2019Full text
2019 INSC 24 · [2019] 1 S.C.R. 51
Allowing the appeal and remitting the matter to High Court, E the Court HELD: The Single Judge ought to have first set out the brief facts of the case with a view to understand the factual matrix and then should have examined the challenge made to the proceedings on the question involved with a view to record the F fin…
Supreme Court of India20 Feb 2019Full text
2019 INSC 234 · [2019] 4 S.C.R. 600
602 SUPREME COURT REPORTS [2019] 4 S.C.R. A Ms.Babita Sant, Ms.Malini Poduval, Advs. for the Appellant. M.Yogesh Kanna, Adv. for the Respondent. The Judgment of the Court was delivered by DINESH MAHESHWARI, J. 1. In this appeal, the appellant-B accused has called in question the judgment and order dated 07.01.2009 in C…
Supreme Court of India4 Feb 2019Full text
2019 INSC 233 · [2019] 2 S.C.R. 97
98 SUPREME COURT REPORTS [2019] 2 S.C.R. A by the Board under Forest Conservation Act, to the State Government – Appeals disposed of – Forest Conservation Act, 1980. CIVIL APPELLATE JURISDICTION : Civil Appeal No. 11935 of 2018. From the Judgment and Order dated 28.11.2018 of the National B Green Tribunal Principal Ben…
Supreme Court of India20 Feb 2019Full text
2019 INSC 231 · [2019] 4 S.C.R. 409
s.80-IC does not lay down correct law – No reason as to why 100% deduction of the profits and gains be not allowed to even those units who availed this deduction on setting up a new unit and have now invested huge amount with substantial expansion of those units. Income Tax Act, 1961 – ss.80-IB(14) and 80-IC – C Held: …
Supreme Court of India7 Jan 2019Full text
2019 INSC 23 · [2019] 1 S.C.R. 312
Bias – Allegation of – Against quasi-judicial authority – Permissibility – Held: Plea of alleged bias is permissible in law to H 312 MANISH S. PARDASANI (M/S WINE KORNDER) ETC. ETC. v. 313 INSPECTOR STATE EXCISE impugn the action/order of quasi-judicial authority – However, such A plea has to be founded on substantial …
Supreme Court of India20 Feb 2019Full text
2019 INSC 229 · [2019] 4 S.C.R. 863
Criminal Appeal No. 618 of 2005. Anand Grover, Sr. Adv., Himanshu Agarwal, Shadan Farasat, Ms. Jahnavi Sindhu, Ms. Shruti Narayan, Anshu Raj Singh, Ms. Tripti Tandon, Advs. for the Appellant. D Ms. Deepa Kulkarni, Nishant Ramakantrao Katneshwarkar, Advs. for the Respondents. The Judgment of the Court was delivered by M…
Supreme Court of India19 Feb 2019Full text
2019 INSC 228 · [2019] 3 S.C.R. 1067
– Held: It is apparent from the resolution passed by the High Powered Selection Committee constituted u/s. 4A that appointment D of the interim Director was authorised by the Committee – Therefore, the appointment was not unauthorised or illegal – The petition was filed in undue haste without verifying the fact as to w…
Supreme Court of India19 Feb 2019Full text
2019 INSC 227 · [2019] 5 S.C.R. 829
(O & M), C.R. No. 5510 of 2015 (O & M) to C.R. No. 5512 of 2015 (O & M) and C.R. No. 4253 of 2015 (O & M). With Civil Appeal Nos. 1443-1444 of 2019. H MUNICIPAL COUNCIL THANESAR v. VIRENDER KUMAR 831 ETC. Ajay Majithia, Shekhar Kumar, Advs. for the Appellants. A A. Tewari, Ms. Eliza Bar, Shree Pal Singh, Riju Mani Talu…
Supreme Court of India19 Feb 2019Full text
2019 INSC 226 · [2019] 4 S.C.R. 545
[2019] 4 S.C.R. 545 545 BALVIR SINGH A v. STATE OF MADHYA PRADESH (Criminal Appeal No.1115 of 2010) FEBRUARY 19, 2019 B [R. BANUMATHI AND R. SUBHASH REDDY, JJ.] Penal Code, 1860 – ss. 341, 302 r/w. 34 – Arms Act – s. 25(1A) r/w. s.27 – Prosecution case was that PW-2, PW-13 and victim were going on a motorcycle, on the …
Supreme Court of India19 Feb 2019Full text
2019 INSC 225 · [2019] 4 S.C.R. 577
Allowing the appeals, the Court HELD: 1.1 The High Court, in the instant case also should have awarded compensation at the rate of 100% to each respondent alike the one awarded in other case which had attained finality. There is no justification to award compensation at the F rate of 200% to the respondents when in oth…
Supreme Court of India19 Feb 2019Full text
2019 INSC 224 · [2019] 4 S.C.R. 564
G Disposing of the appeal, the Court HELD: 1. In the present case, a perusal of the facts and the record clearly indicate that the prosecution has proved beyond reasonable doubt that Accused /Respondent No. 1 had inflicted four injuries, on the Complainant by using a knife. The oral H 564 STATE OF MADHYA PRADESH v. HAR…
Supreme Court of India18 Feb 2019Full text
2019 INSC 221 · [2019] 3 S.C.R. 1036
directing the Corporation to provide each respondent suitable land in the same or adjacent area – On appeal, held: s. 312 prohibits erection of any structure without permission of the Corporation upon any street, open channel, drain, well or tank in any street which causes obstruction or encroachment etc.– s. 314(1) em…
Supreme Court of India18 Feb 2019Full text
2019 INSC 220 · [2019] 3 S.C.R. 777
domain prescribed by statute – It is obvious that an appeal would lie from an order or decision of the appellate authority u/s.28 of the Water Act to the NGT only u/s.33B(a) of the Water Act r/w. s.16(a) of the NGT Act – Similarly, an appeal would lie from an order or decision of the appellate authority u/s.31 of the A…
Also on Law on Tips: Bare Acts · Legal news and analysis
815 816 SUPREME COURT REPORTS [2019] 4 S.C.R. A awarded in the rarest of rare cases – Keeping in view all the circumstances of the case, regardless of the brutal nature of crime, the present is not a fit case where death sentence should be executed – Death sentence commuted to life imprisonment – However, keeping in vi…
Supreme Court of India21 Feb 2019Full text
2019 INSC 245 · [2019] 4 S.C.R. 829
containers from the premises – Rejected – Respondent filed writ petition, inter alia, seeking permission to remove the containers lying on the premises – Single Judge while holding that there are different views taken by two different Division Benches of the Calcutta High Court in Canoro Resources and Indian Rayon on t…
Supreme Court of India20 Feb 2019Full text
2019 INSC 244 · [2019] 4 S.C.R. 504
at section 2(i)(iv) apply, evidence must be led to show that…
Supreme Court of India20 Feb 2019Full text
2019 INSC 242 · [2019] 4 S.C.R. 64
64 RELIANCE COMMUNICATION LIMITED v. STATE BANK OF 65 INDIA Court inter alia ordered that as a last opportunity, the amount must A be paid on or before 15.12.2018 – Second application to extend time – Dismissed, as withdrawn – Second contempt petition filed by Ericsson for non-payment of INR 550 Crore on or before 15.1…
Supreme Court of India20 Feb 2019Full text
2019 INSC 241 · [2019] 4 S.C.R. 617
Petitioner filed G.As. in the respective execution cases, objecting the enforceability of the foreign awards – Rejected – On appeal, held: Grounds urged by the petitioner in the earlier round regarding the maintainability of the execution case could not have been considered in isolation and de hors the issue of enforce…
Supreme Court of India20 Feb 2019Full text
2019 INSC 240 · [2019] 5 S.C.R. 836
Part II, 302. Allowing the appeal, the Court HELD: 1.1 The High Court interfered with and reduced the sentence awarded by the Trial Court on rather irrelevant considerations, while ignoring the relevant factors and the C governing principles for the award of punishment and hence, the order impugned cannot be sustained.…
Supreme Court of India7 Jan 2019Full text
2019 INSC 24 · [2019] 1 S.C.R. 51
Allowing the appeal and remitting the matter to High Court, E the Court HELD: The Single Judge ought to have first set out the brief facts of the case with a view to understand the factual matrix and then should have examined the challenge made to the proceedings on the question involved with a view to record the F fin…
Supreme Court of India20 Feb 2019Full text
2019 INSC 234 · [2019] 4 S.C.R. 600
602 SUPREME COURT REPORTS [2019] 4 S.C.R. A Ms.Babita Sant, Ms.Malini Poduval, Advs. for the Appellant. M.Yogesh Kanna, Adv. for the Respondent. The Judgment of the Court was delivered by DINESH MAHESHWARI, J. 1. In this appeal, the appellant-B accused has called in question the judgment and order dated 07.01.2009 in C…
Supreme Court of India4 Feb 2019Full text
2019 INSC 233 · [2019] 2 S.C.R. 97
98 SUPREME COURT REPORTS [2019] 2 S.C.R. A by the Board under Forest Conservation Act, to the State Government – Appeals disposed of – Forest Conservation Act, 1980. CIVIL APPELLATE JURISDICTION : Civil Appeal No. 11935 of 2018. From the Judgment and Order dated 28.11.2018 of the National B Green Tribunal Principal Ben…
Supreme Court of India20 Feb 2019Full text
2019 INSC 231 · [2019] 4 S.C.R. 409
s.80-IC does not lay down correct law – No reason as to why 100% deduction of the profits and gains be not allowed to even those units who availed this deduction on setting up a new unit and have now invested huge amount with substantial expansion of those units. Income Tax Act, 1961 – ss.80-IB(14) and 80-IC – C Held: …
Supreme Court of India7 Jan 2019Full text
2019 INSC 23 · [2019] 1 S.C.R. 312
Bias – Allegation of – Against quasi-judicial authority – Permissibility – Held: Plea of alleged bias is permissible in law to H 312 MANISH S. PARDASANI (M/S WINE KORNDER) ETC. ETC. v. 313 INSPECTOR STATE EXCISE impugn the action/order of quasi-judicial authority – However, such A plea has to be founded on substantial …
Supreme Court of India20 Feb 2019Full text
2019 INSC 229 · [2019] 4 S.C.R. 863
Criminal Appeal No. 618 of 2005. Anand Grover, Sr. Adv., Himanshu Agarwal, Shadan Farasat, Ms. Jahnavi Sindhu, Ms. Shruti Narayan, Anshu Raj Singh, Ms. Tripti Tandon, Advs. for the Appellant. D Ms. Deepa Kulkarni, Nishant Ramakantrao Katneshwarkar, Advs. for the Respondents. The Judgment of the Court was delivered by M…
Supreme Court of India19 Feb 2019Full text
2019 INSC 228 · [2019] 3 S.C.R. 1067
– Held: It is apparent from the resolution passed by the High Powered Selection Committee constituted u/s. 4A that appointment D of the interim Director was authorised by the Committee – Therefore, the appointment was not unauthorised or illegal – The petition was filed in undue haste without verifying the fact as to w…
Supreme Court of India19 Feb 2019Full text
2019 INSC 227 · [2019] 5 S.C.R. 829
(O & M), C.R. No. 5510 of 2015 (O & M) to C.R. No. 5512 of 2015 (O & M) and C.R. No. 4253 of 2015 (O & M). With Civil Appeal Nos. 1443-1444 of 2019. H MUNICIPAL COUNCIL THANESAR v. VIRENDER KUMAR 831 ETC. Ajay Majithia, Shekhar Kumar, Advs. for the Appellants. A A. Tewari, Ms. Eliza Bar, Shree Pal Singh, Riju Mani Talu…
Supreme Court of India19 Feb 2019Full text
2019 INSC 226 · [2019] 4 S.C.R. 545
[2019] 4 S.C.R. 545 545 BALVIR SINGH A v. STATE OF MADHYA PRADESH (Criminal Appeal No.1115 of 2010) FEBRUARY 19, 2019 B [R. BANUMATHI AND R. SUBHASH REDDY, JJ.] Penal Code, 1860 – ss. 341, 302 r/w. 34 – Arms Act – s. 25(1A) r/w. s.27 – Prosecution case was that PW-2, PW-13 and victim were going on a motorcycle, on the …
Supreme Court of India19 Feb 2019Full text
2019 INSC 225 · [2019] 4 S.C.R. 577
Allowing the appeals, the Court HELD: 1.1 The High Court, in the instant case also should have awarded compensation at the rate of 100% to each respondent alike the one awarded in other case which had attained finality. There is no justification to award compensation at the F rate of 200% to the respondents when in oth…
Supreme Court of India19 Feb 2019Full text
2019 INSC 224 · [2019] 4 S.C.R. 564
G Disposing of the appeal, the Court HELD: 1. In the present case, a perusal of the facts and the record clearly indicate that the prosecution has proved beyond reasonable doubt that Accused /Respondent No. 1 had inflicted four injuries, on the Complainant by using a knife. The oral H 564 STATE OF MADHYA PRADESH v. HAR…
Supreme Court of India18 Feb 2019Full text
2019 INSC 221 · [2019] 3 S.C.R. 1036
directing the Corporation to provide each respondent suitable land in the same or adjacent area – On appeal, held: s. 312 prohibits erection of any structure without permission of the Corporation upon any street, open channel, drain, well or tank in any street which causes obstruction or encroachment etc.– s. 314(1) em…
Supreme Court of India18 Feb 2019Full text
2019 INSC 220 · [2019] 3 S.C.R. 777
domain prescribed by statute – It is obvious that an appeal would lie from an order or decision of the appellate authority u/s.28 of the Water Act to the NGT only u/s.33B(a) of the Water Act r/w. s.16(a) of the NGT Act – Similarly, an appeal would lie from an order or decision of the appellate authority u/s.31 of the A…
Also on Law on Tips: Bare Acts · Legal news and analysis