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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.
5,761–5,780 · Page 289 of 500
Supreme Court of India11 Feb 2019Full text
2019 INSC 170 · [2019] 2 S.C.R. 707
Narcotic Drugs and Psychotropic Substances Act – s.20(ii)(c) – Conviction under – Appellant contended that PW-10-sub-inspector, F being the informant himself, was also the investigating officer, and which alone vitiates the conviction and placed reliance upon Mohan Lal v. State of Punjab (AIR 2018 SC 3853) – Held: If t…
Supreme Court of India7 Jan 2019Full text
2019 INSC 17 · [2019] 1 S.C.R. 59
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.
5,761–5,780 · Page 289 of 500
Supreme Court of India11 Feb 2019Full text
2019 INSC 170 · [2019] 2 S.C.R. 707
Narcotic Drugs and Psychotropic Substances Act – s.20(ii)(c) – Conviction under – Appellant contended that PW-10-sub-inspector, F being the informant himself, was also the investigating officer, and which alone vitiates the conviction and placed reliance upon Mohan Lal v. State of Punjab (AIR 2018 SC 3853) – Held: If t…
Supreme Court of India7 Jan 2019Full text
2019 INSC 17 · [2019] 1 S.C.R. 59
remitted to High Court for consideration afresh. Allowing the appeal and remitting the matter to High Court, the Court HELD: The High Court did not discuss nor dealt with any issues arising in the case nor dealt with any submissions urged F by the appellant with a view to show as to how and on what basis the findings i…
Supreme Court of India8 Feb 2019Full text
2019 INSC 168 · [2019] 3 S.C.R. 703
dated 14.6.1999 issued by Municipal Corporation for regularisation of tubewells causing unauthorised activities of discharging of waste water into the main sewer of the Corporation – Corporation claimed user charges from the schools for discharging the water drawn from tubewell, into the sewer vested in the Corporation…
Supreme Court of India8 Feb 2019Full text
2019 INSC 164 · [2019] 3 S.C.R. 718
B Sanjay Kapur, Bharath Gangadharan, Ms. Megha Karnwal, Ms. Mansi Kapur, Advs. for the Petitioners. Satish Pandey, Sanjay Kumar Visen, Santosh Kumar Tripathi, Rajesh Maurya, Ms. Ritu Rastogi, Advs. for the Respondent. The Order of the Court was passed by C UDAY UMESH LALIT, J. 1. The father of the respondent was workin…
Supreme Court of India8 Feb 2019Full text
2019 INSC 161 · [2019] 3 S.C.R. 691
– Art.142. Narendra Champaklal Trivedi v. State of Gujarat (2012) 7 SCC 80 : [2012] 6 SCR 165; State v. Ratan Lal Arora (2004) 4 SCC 590 : [2004] 1 Suppl. SCR 631; Mohd. Hashim v. State of Uttar Pradesh and Others (2017) 2 G SCC 198 : [2016] 9 SCR 953 – relied on Case Law Reference [2012] 6 SCR 165 relied on Para 5 [20…
Supreme Court of India7 Jan 2019Full text
2019 INSC 16 · [2019] 1 S.C.R. 54
H 56 SUPREME COURT REPORTS [2019] 1 S.C.R. A Navin Prakash, Adv. for the Appellant. Sumit Kumar Sharma, Niraj Sharma, Advs. for the Respondents. The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. This appeal is directed B against the final judgment and order dated 08.01.2008 passed by the High Court …
Supreme Court of India7 Feb 2019Full text
2019 INSC 159 · [2019] 3 S.C.R. 684
for the first time before the third court – Nature of tenancy (whether commercial or residential) is not a pure question of law, but is a question of fact and hence such question was first required to be pleaded and then proved – If a tenancy is for composite purpose, landlord has the right to seek eviction either for …
Supreme Court of India7 Feb 2019Full text
2019 INSC 158 · [2019] 2 S.C.R. 41
E Principle of ejusdem generis – Applicability of – Discussed – The principle is not applicable in the present case – Interpretation of Statutes – Rules of Interpretation. Dismissing the appeal, the Court HELD: 1.1 Right from the stage of arbitration proceedings F till the High Court, clauses 50 and 51 of General Condi…
Supreme Court of India7 Feb 2019Full text
2019 INSC 157 · [2019] 2 S.C.R. 61
[2019] 2 S.C.R. 61 61 PUNJAB WAKF BOARD A v. SHAM SINGH HARIKE (Civil Appeal No. 92 of 2019) FEBRUARY 07, 2019 B [ASHOK BHUSHAN AND K. M. JOSEPH, JJ.] Wakf Act, 1995 : s.83 – Jurisdiction of Wakf Tribunal to entertain suit – Held: The constitution of Wakf Tribunal is for the determination of any dispute, question or ot…
Supreme Court of India6 Feb 2019Full text
2019 INSC 155 · [2019] 2 S.C.R. 692
The first question to answer is whether despite the absence of H 692 HIGH COURT OF TRIPURA THR. THE REGISTRAR GENERAL 693 v. TIRTHA SARATHI MUKHERJEE & ORS. any provision, are the courts completely denuded of power in the A exercise of the jurisdiction under Article 226 of the Constitution to direct revaluation? It is …
Supreme Court of India6 Feb 2019Full text
2019 INSC 154 · [2019] 2 S.C.R. 802
G Allowing the appeal, the Court HELD: 1. A party can be proceeded for disobedience of the order of the court only when there is willful disobedience and non-compliance of the order passed by the court. On perusal of the order passed in Writ Petition it is seen that in the said order, H 802 ER. K. ARUMUGAM v. V. BALAKR…
Supreme Court of India6 Feb 2019Full text
2019 INSC 153 · [2019] 2 S.C.R. 791
HELD: 1. The first respondent-plaintiff has filed the suit under Section 38 of the Specific Relief Act seeking permanent injunction on the ground that he is in actual possession of the G suit property. Grant of permanent injunction results in restraining the defendant’s legitimate right to use the property as his own p…
Supreme Court of India6 Feb 2019Full text
2019 INSC 152 · [2019] 2 S.C.R. 1
1 2 SUPREME COURT REPORTS [2019] 2 S.C.R. A be read in a manner as to permit clubbing of different cause of action in a suit – Rule 3 of Order II permits clubbing different causes of action against the same defendant or defendants jointly while in the present case suit is against different set of defendants – Therefore…
Supreme Court of India6 Feb 2019Full text
2019 INSC 150 · [2019] 3 S.C.R. 436
sine qua non is that it should be so recorded in revenue papers as “khud-kasht”, otherwise all land vest in the State as provided in s.4(1)a) – Once the land is recorded as ‘Charnoi’, such common land clearly vests in the State as provided in s.4(1)(a) – s.5(f) did not confer any rights on Zamindars on such common land…
Supreme Court of India7 Jan 2019Full text
2019 INSC 15 · [2019] 1 S.C.R. 39
issues – In such circumstances, the daughter - a newly married girl would always like to first disclose her domestic problems to her mother and father and then to her close relatives because they have access to her and are always helpful in solving her problems – The acts and the behavior of the appellant (husband) tow…
Supreme Court of India5 Feb 2019Full text
2019 INSC 148 · [2019] 3 S.C.R. 845
authority to analyse or evaluate the commercial decision of the CoC or to enquire into the justness of the rejection of the resolution plan by the dissenting financial creditors – The legislature, consciously, has not provided any ground to challenge the “commercial wisdom” of the individual financial creditors or thei…
Supreme Court of India5 Feb 2019Full text
2019 INSC 147 · [2019] 2 S.C.R. 813
the appeal passed by the appellate court u/Or. XLI, r. 19 is made expressly appealable u/Or. XLIII, r. 1(t) to the High Court – Remedy of the appellant-Authority was to file an appeal in the High Court against the order u/Or. XLIII, r. 1 (t) – Appellant-Authority erred in filing the writ petition u/Article 227 against …
Supreme Court of India5 Feb 2019Full text
2019 INSC 146 · [2019] 1 S.C.R. 1104
a web of companies and was not a simple case of forged Bills of Entry – High Court erred in proceeding to examine the case as if it was a simple case of submission of forged Bills of Entry by observing that the case was not related to any import or export of diamonds – When the satisfaction of the Magistrate was based …
Supreme Court of India5 Feb 2019Full text
2019 INSC 144 · [2019] 2 S.C.R. 664
– Writ petition – High Court held that claims advanced by appellants were barred by the principle of constructive res judicata – Appellant contended that neither the District Court nor the High Court have E enquired into the merits of the claim advanced by the appellants u/ s.4(1) of the Act, 1958 – Held: In the presen…
Supreme Court of India5 Feb 2019Full text
2019 INSC 143 · [2019] 3 S.C.R. 673
– No reason to interfere with the order dated 06.04.2005 issued by the appellant – Impugned order set-aside and the application filed by the respondent-Company u/s.75 of the ESI Act is dismissed. H 673 674 SUPREME COURT REPORTS [2019] 3 S.C.R. A Allowing the appeal, the Court Held: 1.1 In the present case, the appellan…
Also on Law on Tips: Bare Acts · Legal news and analysis
remitted to High Court for consideration afresh. Allowing the appeal and remitting the matter to High Court, the Court HELD: The High Court did not discuss nor dealt with any issues arising in the case nor dealt with any submissions urged F by the appellant with a view to show as to how and on what basis the findings i…
Supreme Court of India8 Feb 2019Full text
2019 INSC 168 · [2019] 3 S.C.R. 703
dated 14.6.1999 issued by Municipal Corporation for regularisation of tubewells causing unauthorised activities of discharging of waste water into the main sewer of the Corporation – Corporation claimed user charges from the schools for discharging the water drawn from tubewell, into the sewer vested in the Corporation…
Supreme Court of India8 Feb 2019Full text
2019 INSC 164 · [2019] 3 S.C.R. 718
B Sanjay Kapur, Bharath Gangadharan, Ms. Megha Karnwal, Ms. Mansi Kapur, Advs. for the Petitioners. Satish Pandey, Sanjay Kumar Visen, Santosh Kumar Tripathi, Rajesh Maurya, Ms. Ritu Rastogi, Advs. for the Respondent. The Order of the Court was passed by C UDAY UMESH LALIT, J. 1. The father of the respondent was workin…
Supreme Court of India8 Feb 2019Full text
2019 INSC 161 · [2019] 3 S.C.R. 691
– Art.142. Narendra Champaklal Trivedi v. State of Gujarat (2012) 7 SCC 80 : [2012] 6 SCR 165; State v. Ratan Lal Arora (2004) 4 SCC 590 : [2004] 1 Suppl. SCR 631; Mohd. Hashim v. State of Uttar Pradesh and Others (2017) 2 G SCC 198 : [2016] 9 SCR 953 – relied on Case Law Reference [2012] 6 SCR 165 relied on Para 5 [20…
Supreme Court of India7 Jan 2019Full text
2019 INSC 16 · [2019] 1 S.C.R. 54
H 56 SUPREME COURT REPORTS [2019] 1 S.C.R. A Navin Prakash, Adv. for the Appellant. Sumit Kumar Sharma, Niraj Sharma, Advs. for the Respondents. The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. This appeal is directed B against the final judgment and order dated 08.01.2008 passed by the High Court …
Supreme Court of India7 Feb 2019Full text
2019 INSC 159 · [2019] 3 S.C.R. 684
for the first time before the third court – Nature of tenancy (whether commercial or residential) is not a pure question of law, but is a question of fact and hence such question was first required to be pleaded and then proved – If a tenancy is for composite purpose, landlord has the right to seek eviction either for …
Supreme Court of India7 Feb 2019Full text
2019 INSC 158 · [2019] 2 S.C.R. 41
E Principle of ejusdem generis – Applicability of – Discussed – The principle is not applicable in the present case – Interpretation of Statutes – Rules of Interpretation. Dismissing the appeal, the Court HELD: 1.1 Right from the stage of arbitration proceedings F till the High Court, clauses 50 and 51 of General Condi…
Supreme Court of India7 Feb 2019Full text
2019 INSC 157 · [2019] 2 S.C.R. 61
[2019] 2 S.C.R. 61 61 PUNJAB WAKF BOARD A v. SHAM SINGH HARIKE (Civil Appeal No. 92 of 2019) FEBRUARY 07, 2019 B [ASHOK BHUSHAN AND K. M. JOSEPH, JJ.] Wakf Act, 1995 : s.83 – Jurisdiction of Wakf Tribunal to entertain suit – Held: The constitution of Wakf Tribunal is for the determination of any dispute, question or ot…
Supreme Court of India6 Feb 2019Full text
2019 INSC 155 · [2019] 2 S.C.R. 692
The first question to answer is whether despite the absence of H 692 HIGH COURT OF TRIPURA THR. THE REGISTRAR GENERAL 693 v. TIRTHA SARATHI MUKHERJEE & ORS. any provision, are the courts completely denuded of power in the A exercise of the jurisdiction under Article 226 of the Constitution to direct revaluation? It is …
Supreme Court of India6 Feb 2019Full text
2019 INSC 154 · [2019] 2 S.C.R. 802
G Allowing the appeal, the Court HELD: 1. A party can be proceeded for disobedience of the order of the court only when there is willful disobedience and non-compliance of the order passed by the court. On perusal of the order passed in Writ Petition it is seen that in the said order, H 802 ER. K. ARUMUGAM v. V. BALAKR…
Supreme Court of India6 Feb 2019Full text
2019 INSC 153 · [2019] 2 S.C.R. 791
HELD: 1. The first respondent-plaintiff has filed the suit under Section 38 of the Specific Relief Act seeking permanent injunction on the ground that he is in actual possession of the G suit property. Grant of permanent injunction results in restraining the defendant’s legitimate right to use the property as his own p…
Supreme Court of India6 Feb 2019Full text
2019 INSC 152 · [2019] 2 S.C.R. 1
1 2 SUPREME COURT REPORTS [2019] 2 S.C.R. A be read in a manner as to permit clubbing of different cause of action in a suit – Rule 3 of Order II permits clubbing different causes of action against the same defendant or defendants jointly while in the present case suit is against different set of defendants – Therefore…
Supreme Court of India6 Feb 2019Full text
2019 INSC 150 · [2019] 3 S.C.R. 436
sine qua non is that it should be so recorded in revenue papers as “khud-kasht”, otherwise all land vest in the State as provided in s.4(1)a) – Once the land is recorded as ‘Charnoi’, such common land clearly vests in the State as provided in s.4(1)(a) – s.5(f) did not confer any rights on Zamindars on such common land…
Supreme Court of India7 Jan 2019Full text
2019 INSC 15 · [2019] 1 S.C.R. 39
issues – In such circumstances, the daughter - a newly married girl would always like to first disclose her domestic problems to her mother and father and then to her close relatives because they have access to her and are always helpful in solving her problems – The acts and the behavior of the appellant (husband) tow…
Supreme Court of India5 Feb 2019Full text
2019 INSC 148 · [2019] 3 S.C.R. 845
authority to analyse or evaluate the commercial decision of the CoC or to enquire into the justness of the rejection of the resolution plan by the dissenting financial creditors – The legislature, consciously, has not provided any ground to challenge the “commercial wisdom” of the individual financial creditors or thei…
Supreme Court of India5 Feb 2019Full text
2019 INSC 147 · [2019] 2 S.C.R. 813
the appeal passed by the appellate court u/Or. XLI, r. 19 is made expressly appealable u/Or. XLIII, r. 1(t) to the High Court – Remedy of the appellant-Authority was to file an appeal in the High Court against the order u/Or. XLIII, r. 1 (t) – Appellant-Authority erred in filing the writ petition u/Article 227 against …
Supreme Court of India5 Feb 2019Full text
2019 INSC 146 · [2019] 1 S.C.R. 1104
a web of companies and was not a simple case of forged Bills of Entry – High Court erred in proceeding to examine the case as if it was a simple case of submission of forged Bills of Entry by observing that the case was not related to any import or export of diamonds – When the satisfaction of the Magistrate was based …
Supreme Court of India5 Feb 2019Full text
2019 INSC 144 · [2019] 2 S.C.R. 664
– Writ petition – High Court held that claims advanced by appellants were barred by the principle of constructive res judicata – Appellant contended that neither the District Court nor the High Court have E enquired into the merits of the claim advanced by the appellants u/ s.4(1) of the Act, 1958 – Held: In the presen…
Supreme Court of India5 Feb 2019Full text
2019 INSC 143 · [2019] 3 S.C.R. 673
– No reason to interfere with the order dated 06.04.2005 issued by the appellant – Impugned order set-aside and the application filed by the respondent-Company u/s.75 of the ESI Act is dismissed. H 673 674 SUPREME COURT REPORTS [2019] 3 S.C.R. A Allowing the appeal, the Court Held: 1.1 In the present case, the appellan…
Also on Law on Tips: Bare Acts · Legal news and analysis