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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.
5,721–5,740 · Page 287 of 500
Supreme Court of India7 Jan 2019Full text
2019 INSC 22 · [2019] 1 S.C.R. 463
Allowing the appeal, the Court HELD: 1.1 Sub-section (1) of Section 21 provides that before raising an objection to territorial jurisdiction before an appellate B or revisional court, two conditions precedent must be fulfiled: i)The objection must be taken in the court of first instance at the earliest possible opportu…
Supreme Court of India15 Feb 2019Full text
2019 INSC 216 · [2019] 2 S.C.R. 185
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.
5,721–5,740 · Page 287 of 500
Supreme Court of India7 Jan 2019Full text
2019 INSC 22 · [2019] 1 S.C.R. 463
Allowing the appeal, the Court HELD: 1.1 Sub-section (1) of Section 21 provides that before raising an objection to territorial jurisdiction before an appellate B or revisional court, two conditions precedent must be fulfiled: i)The objection must be taken in the court of first instance at the earliest possible opportu…
Supreme Court of India15 Feb 2019Full text
2019 INSC 216 · [2019] 2 S.C.R. 185
185 186 SUPREME COURT REPORTS [2019] 2 S.C.R. A the averments in the complaint constitute the ingredients necessary for an offence alleged under the Penal Code. If the averments taken on their face do not constitute the ingredients necessary for the offence, the criminal proceedings may be quashed under Section 482. Th…
Supreme Court of India15 Feb 2019Full text
2019 INSC 215 · [2019] 3 S.C.R. 991
G Review: Review jurisdiction – Exercise of – When – Held: To exercise review jurisdiction, the error must be self-evident – An error which is required to be detected by a process of reasoning can hardly be said to be an error apparent on the face of the record – On facts, the exercise of jurisdiction was not correct –…
Supreme Court of India15 Feb 2019Full text
2019 INSC 214 · [2019] 4 S.C.R. 582
Communications were intimated to the respondent to report to the unit of attachment – Writ petition before Manipur High Court by respondent challenging the legality of these orders – Jurisdiction of the Manipur High Court challenged on the ground that the respondent at the time of the initiation of the action of attach…
Supreme Court of India15 Feb 2019Full text
2019 INSC 211 · [2019] 2 S.C.R. 239
F Allowing the appeal, the Court HELD: 1.1 The principle of incorporation by reference of an arbitration clause, from another document or contract is a well-established principle in arbitration jurisprudence and has been given statutory recognition in sub-section (5) of Section 7 of the G Arbitration and Conciliation A…
Supreme Court of India15 Feb 2019Full text
2019 INSC 210 · [2019] 2 S.C.R. 199
5. It is correct that there have been undue delays in filling up of the vacancies. It is expected that the vacancies shall be H filled up, in future, well in time. [Para 34][226-F] ANJALI BHARDWAJ AND ORS v. UNION OF INDIA AND ORS 201 6.1 From the status report of Union of India it becomes A clear that the procedure is…
Supreme Court of India15 Feb 2019Full text
2019 INSC 208 · [2019] 3 S.C.R. 372
Case Law Reference E [2011] 9 SCR 859 referred to Para 7 [2012] 9 SCR 244 referred to Para 7 CRIMINAL APPELLATE JURISDICTION : Criminal Appeal F Nos. 283-285 of 2019. From the Judgment and Order dated 30.01.2015 of the High Court of Punjab and Haryana at Chandigarh in CRM Nos.20593 of 2014, 26949 of 2014 and 3118 of 20…
Supreme Court of India15 Feb 2019Full text
2019 INSC 204 · [2019] 2 S.C.R. 169
performance of agreement rightly rejected by the first appellate court and the High Court – Code of Civil Procedure, 1908 – s. 100, 100(5). Dismissing the appeal, the Court HELD : 1.1 The High Court and the First Appellate Court G rightly held that in the instant suit, specific performance of the agreement cannot be en…
Supreme Court of India15 Feb 2019Full text
2019 INSC 203 · [2019] 2 S.C.R. 254
254 SUPREME [2019]COURT2 REPORTSS.C.R. 254 [2019] 2 S.C.R. A ESSAR SHIPPING LTD. v. THE BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA (Civil Appeal No. 5654 of 2007) FEBRUARY 15, 2019 B [ABHAY MANOHAR SAPRE AND UDAY UMESH LALIT, JJ.] Major Port Trust Act, 1963: Liability of vessel – For causing damage – Accident while ber…
Supreme Court of India14 Feb 2019Full text
2019 INSC 202 · [2019] 3 S.C.R. 1060
Malik Mazhar Sultan (3) and Another v. Uttar Pradesh Public Service Commission and Others (2008) 17 SCC H 703 – relied on. 1060 RAHUL DUTTA & ORS. v. THE STATE OF BIHAR & ORS. 1061 Case Law Reference A (2008) 17 SCC 703 relied on Para 3 CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No. 71 of 201. [UNDER ARTICLE 3…
Supreme Court of India14 Feb 2019Full text
2019 INSC 201 · [2019] 3 S.C.R. 367
Partly allowing the appeal, the Court E HELD: 1.1 It was necessary for the Magistrate to have ensured compliance of Section 31 of the Code of Criminal Procedure, 1973 when she convicted and sentenced the appellant for two offences in a trial and inflicted two punishments for each offence, namely, Section 279 and Sectio…
Supreme Court of India14 Feb 2019Full text
2019 INSC 200 · [2019] 3 S.C.R. 329
whereas, the High Court adopted a strict interpretation of the evidence on the touchstone of proof beyond reasonable doubt – Non-examination of the pillion rider, not fatal to appellant’s case since the other evidence on record was good enough to prima facie establish the manner in which the accident had occurred and t…
Supreme Court of India7 Jan 2019Full text
2019 INSC 20 · [2019] 1 S.C.R. 68
Court while deciding the writ petitions and the intra Court appeals – Writ Court rightly dismissed the writ petitions inter alia on the ground of non-impleadment of the two workers in whose favour the orders were passed by the authorities under the Act as they were necessary parties in the writ petitions – Impleadment …
Supreme Court of India3 Jan 2019Full text
2019 INSC 2 · [2019] 3 S.C.R. 273
E State of Bihar v. Ramesh Singh 1977 Cri lJ 1606 – relied on. 2.1 The dispute arose out of a loan transaction between the parties. Record showed that respondent no.2 knew the appellant and the attendant circumstances before lending the loan. F Further, admittedly, in order to recover the said amount, respondent no. 2 …
Supreme Court of India14 Feb 2019Full text
2019 INSC 199 · [2019] 3 S.C.R. 1047
F CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 267 of 2019. From the Judgment and Order dated 13.06.2017 of the High Court at Guwahati (The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) in W.P. (C) No. 1011 of 2017. G Pijush K. Roy, Mrs. Kakali Roy, Rajan K. Chourasia, Advs. for the Appellant. …
Supreme Court of India14 Feb 2019Full text
2019 INSC 198 · [2019] 2 S.C.R. 722
no approval was obtained for the purpose of removal – Government also pleaded in its reply that approval of appointment was made necessary considering the arbitrariness in the appointments which was prevailing, and once approval for appointment was necessary there is no doubt that approval for removal was also necessar…
Supreme Court of India14 Feb 2019Full text
2019 INSC 197 · [2019] 3 S.C.R. 357
Allowing the appeal, the Court HELD: 1.1 Article 226(2) of the Constitution empowers F the High Court to entertain the writ petition if the cause of action to file such writ petition against the respondents of the said writ petition has arisen wholly or in part within the territorial jurisdiction of ‘A’ High Court. Cla…
Supreme Court of India14 Feb 2019Full text
2019 INSC 196 · [2019] 8 S.C.R. 266
Review: Rape and murder of eight years old girl – Conviction G under ss.376 and 302 and death sentence – Concurrent finding of trial court and High Court – Special leave petition against the same dismissed – Review petition also dismissed – Second review petition filed in view of Constitution Bench decision in Mohd. Ar…
Supreme Court of India14 Feb 2019Full text
2019 INSC 194 · [2019] 3 S.C.R. 28
after they are allocated to NCTD – However, claim of Union of India is that it comes within the discretionary powers of the Lieutenant Governor (LG) as the subject matter is not covered by Entry 41 of List II – Held: (Per A.K. Sikri, J.) – Entry 41 of List II deals with ‘State Public Services’ and ‘State Public Service…
Supreme Court of India13 Feb 2019Full text
2019 INSC 193 · [2019] 4 S.C.R. 1
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 263 of 2019. F From the Judgment and Order dated 20.11.2018/Order on quantum of sentence dated 21.12.2018 of the High Court of Himachal Pradesh at Shimla in Cr. Appeal No. 448 of 2010. Ms. Radhika Gautam, Adv. for the Appellants. The Order of the Court was passed by …
Also on Law on Tips: Bare Acts · Legal news and analysis
185 186 SUPREME COURT REPORTS [2019] 2 S.C.R. A the averments in the complaint constitute the ingredients necessary for an offence alleged under the Penal Code. If the averments taken on their face do not constitute the ingredients necessary for the offence, the criminal proceedings may be quashed under Section 482. Th…
Supreme Court of India15 Feb 2019Full text
2019 INSC 215 · [2019] 3 S.C.R. 991
G Review: Review jurisdiction – Exercise of – When – Held: To exercise review jurisdiction, the error must be self-evident – An error which is required to be detected by a process of reasoning can hardly be said to be an error apparent on the face of the record – On facts, the exercise of jurisdiction was not correct –…
Supreme Court of India15 Feb 2019Full text
2019 INSC 214 · [2019] 4 S.C.R. 582
Communications were intimated to the respondent to report to the unit of attachment – Writ petition before Manipur High Court by respondent challenging the legality of these orders – Jurisdiction of the Manipur High Court challenged on the ground that the respondent at the time of the initiation of the action of attach…
Supreme Court of India15 Feb 2019Full text
2019 INSC 211 · [2019] 2 S.C.R. 239
F Allowing the appeal, the Court HELD: 1.1 The principle of incorporation by reference of an arbitration clause, from another document or contract is a well-established principle in arbitration jurisprudence and has been given statutory recognition in sub-section (5) of Section 7 of the G Arbitration and Conciliation A…
Supreme Court of India15 Feb 2019Full text
2019 INSC 210 · [2019] 2 S.C.R. 199
5. It is correct that there have been undue delays in filling up of the vacancies. It is expected that the vacancies shall be H filled up, in future, well in time. [Para 34][226-F] ANJALI BHARDWAJ AND ORS v. UNION OF INDIA AND ORS 201 6.1 From the status report of Union of India it becomes A clear that the procedure is…
Supreme Court of India15 Feb 2019Full text
2019 INSC 208 · [2019] 3 S.C.R. 372
Case Law Reference E [2011] 9 SCR 859 referred to Para 7 [2012] 9 SCR 244 referred to Para 7 CRIMINAL APPELLATE JURISDICTION : Criminal Appeal F Nos. 283-285 of 2019. From the Judgment and Order dated 30.01.2015 of the High Court of Punjab and Haryana at Chandigarh in CRM Nos.20593 of 2014, 26949 of 2014 and 3118 of 20…
Supreme Court of India15 Feb 2019Full text
2019 INSC 204 · [2019] 2 S.C.R. 169
performance of agreement rightly rejected by the first appellate court and the High Court – Code of Civil Procedure, 1908 – s. 100, 100(5). Dismissing the appeal, the Court HELD : 1.1 The High Court and the First Appellate Court G rightly held that in the instant suit, specific performance of the agreement cannot be en…
Supreme Court of India15 Feb 2019Full text
2019 INSC 203 · [2019] 2 S.C.R. 254
254 SUPREME [2019]COURT2 REPORTSS.C.R. 254 [2019] 2 S.C.R. A ESSAR SHIPPING LTD. v. THE BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA (Civil Appeal No. 5654 of 2007) FEBRUARY 15, 2019 B [ABHAY MANOHAR SAPRE AND UDAY UMESH LALIT, JJ.] Major Port Trust Act, 1963: Liability of vessel – For causing damage – Accident while ber…
Supreme Court of India14 Feb 2019Full text
2019 INSC 202 · [2019] 3 S.C.R. 1060
Malik Mazhar Sultan (3) and Another v. Uttar Pradesh Public Service Commission and Others (2008) 17 SCC H 703 – relied on. 1060 RAHUL DUTTA & ORS. v. THE STATE OF BIHAR & ORS. 1061 Case Law Reference A (2008) 17 SCC 703 relied on Para 3 CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No. 71 of 201. [UNDER ARTICLE 3…
Supreme Court of India14 Feb 2019Full text
2019 INSC 201 · [2019] 3 S.C.R. 367
Partly allowing the appeal, the Court E HELD: 1.1 It was necessary for the Magistrate to have ensured compliance of Section 31 of the Code of Criminal Procedure, 1973 when she convicted and sentenced the appellant for two offences in a trial and inflicted two punishments for each offence, namely, Section 279 and Sectio…
Supreme Court of India14 Feb 2019Full text
2019 INSC 200 · [2019] 3 S.C.R. 329
whereas, the High Court adopted a strict interpretation of the evidence on the touchstone of proof beyond reasonable doubt – Non-examination of the pillion rider, not fatal to appellant’s case since the other evidence on record was good enough to prima facie establish the manner in which the accident had occurred and t…
Supreme Court of India7 Jan 2019Full text
2019 INSC 20 · [2019] 1 S.C.R. 68
Court while deciding the writ petitions and the intra Court appeals – Writ Court rightly dismissed the writ petitions inter alia on the ground of non-impleadment of the two workers in whose favour the orders were passed by the authorities under the Act as they were necessary parties in the writ petitions – Impleadment …
Supreme Court of India3 Jan 2019Full text
2019 INSC 2 · [2019] 3 S.C.R. 273
E State of Bihar v. Ramesh Singh 1977 Cri lJ 1606 – relied on. 2.1 The dispute arose out of a loan transaction between the parties. Record showed that respondent no.2 knew the appellant and the attendant circumstances before lending the loan. F Further, admittedly, in order to recover the said amount, respondent no. 2 …
Supreme Court of India14 Feb 2019Full text
2019 INSC 199 · [2019] 3 S.C.R. 1047
F CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 267 of 2019. From the Judgment and Order dated 13.06.2017 of the High Court at Guwahati (The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) in W.P. (C) No. 1011 of 2017. G Pijush K. Roy, Mrs. Kakali Roy, Rajan K. Chourasia, Advs. for the Appellant. …
Supreme Court of India14 Feb 2019Full text
2019 INSC 198 · [2019] 2 S.C.R. 722
no approval was obtained for the purpose of removal – Government also pleaded in its reply that approval of appointment was made necessary considering the arbitrariness in the appointments which was prevailing, and once approval for appointment was necessary there is no doubt that approval for removal was also necessar…
Supreme Court of India14 Feb 2019Full text
2019 INSC 197 · [2019] 3 S.C.R. 357
Allowing the appeal, the Court HELD: 1.1 Article 226(2) of the Constitution empowers F the High Court to entertain the writ petition if the cause of action to file such writ petition against the respondents of the said writ petition has arisen wholly or in part within the territorial jurisdiction of ‘A’ High Court. Cla…
Supreme Court of India14 Feb 2019Full text
2019 INSC 196 · [2019] 8 S.C.R. 266
Review: Rape and murder of eight years old girl – Conviction G under ss.376 and 302 and death sentence – Concurrent finding of trial court and High Court – Special leave petition against the same dismissed – Review petition also dismissed – Second review petition filed in view of Constitution Bench decision in Mohd. Ar…
Supreme Court of India14 Feb 2019Full text
2019 INSC 194 · [2019] 3 S.C.R. 28
after they are allocated to NCTD – However, claim of Union of India is that it comes within the discretionary powers of the Lieutenant Governor (LG) as the subject matter is not covered by Entry 41 of List II – Held: (Per A.K. Sikri, J.) – Entry 41 of List II deals with ‘State Public Services’ and ‘State Public Service…
Supreme Court of India13 Feb 2019Full text
2019 INSC 193 · [2019] 4 S.C.R. 1
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 263 of 2019. F From the Judgment and Order dated 20.11.2018/Order on quantum of sentence dated 21.12.2018 of the High Court of Himachal Pradesh at Shimla in Cr. Appeal No. 448 of 2010. Ms. Radhika Gautam, Adv. for the Appellants. The Order of the Court was passed by …
Also on Law on Tips: Bare Acts · Legal news and analysis