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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.
5,841–5,860 · Page 293 of 500
Supreme Court of India10 Dec 2019Full text
2019 INSC 1347 · [2019] 15 S.C.R. 1
[2019] 15 S.C.R. 1 1 ABCD A v. UNION OF INDIA & ORS. (Writ Petition (Criminal) No. 191 of 2018) B DECEMBER 10, 2019 [UDAY UMESH LALIT AND INDU MALHOTRA, JJ.] Investigation: Transfer of investigation to Central Agency – FIR No.58 of 2018 filed by the petitioner against respondent no.7-Police Officer alleging that respon…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1346 · [2019] 17 S.C.R. 1187
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.
5,841–5,860 · Page 293 of 500
Supreme Court of India10 Dec 2019Full text
2019 INSC 1347 · [2019] 15 S.C.R. 1
[2019] 15 S.C.R. 1 1 ABCD A v. UNION OF INDIA & ORS. (Writ Petition (Criminal) No. 191 of 2018) B DECEMBER 10, 2019 [UDAY UMESH LALIT AND INDU MALHOTRA, JJ.] Investigation: Transfer of investigation to Central Agency – FIR No.58 of 2018 filed by the petitioner against respondent no.7-Police Officer alleging that respon…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1346 · [2019] 17 S.C.R. 1187
Test Identification Parade(TIP): Evidentiary value of – TIP which is part of investigation, E affords a platform to lend corroboration to the ultimate statements made by the witness before the court – Weightage to such TIP is to be considered in the facts and circumstances of each case – In cases where material on reco…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1345 · [2019] 14 S.C.R. 556
SRI CHANAPPA NAGAPPA MUCHALAGODA v. DIVISIONAL MANAGER, 557 NEW INDIA INSURANCE COMPANY LIMITED job is not possible, since he would require the assistance of a A person to ensure his mobility and manage his discomfort. As a consequence, the functional disability suffered by the Appellant must be assessed as 100%. [Para…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1344 · [2019] 16 S.C.R. 1049
survivorship but by the rule of primogeniture – In the present case, inheritance of the property post the death of the then Maharaja of the State of Maihar by the new Ruler including ‘BNS’ by application of the rule of primogeniture indicates that it was treated as a State or sovereign property– Property was a part of …
Supreme Court of India9 Dec 2019Full text
2019 INSC 1342 · [2019] 14 S.C.R. 781
DR. TANVI BEHL v. SHREY GOEL & ORS. 783 With A Civil Appeal Nos. 9290. 9291, 9292-9293 of 2019. P.S. Patwalia, Nidhesh Gupta, Sr. Advs., Chandra Prakash, C.P. Rajwar, Vivek Singh, Dhrub Sheoran, Mohit Kumar Daroad, Pankaj Jain, Harshika Verma, Rakesh Dahiya, Avijit Mani Tripathi, B Ms. Japneet Kaur, Ms. Vriti Gujral, M…
Supreme Court of India9 Dec 2019Full text
2019 INSC 1341 · [2019] 16 S.C.R. 1086
amounts – It superimposed a possible value of income from agricultural land despite clear indication in the income tax returns of the income from agricultural land – Such method not sustainable in law – Determination must proceed on the basis of the income tax return, where available, a statutory document on which reli…
Supreme Court of India5 Feb 2019Full text
2019 INSC 134 · [2019] 3 S.C.R. 835
order and restored the order of the assessing authority – Held: Judgment in Mohd. Ekram Khan & Sons case refers to the credit notes received as consideration for the replacement; but the moot point is whether credit notes can be treated as a mode of payment or not – Issue raised, as to whether, in the case of warranty …
Supreme Court of India9 Dec 2019Full text
2019 INSC 1339 · [2019] 14 S.C.R. 774
amount as directed in the impugned orders, ONGC is directed to pay the amounts under the order impugned to the claimants. Partly allowing the appeals, the Court HELD: 1. There is virtually no privity of contract for H providing service between the ONGC and the claimants. From 774 CHAIRMAN-CUM-MANAGING DIRECTOR ONGC LTD…
Supreme Court of India9 Dec 2019Full text
2019 INSC 1338 · [2019] 17 S.C.R. 1057
interim order stipulating that the appellant would execute bonds in Form B-13 referable to r.9B of the Rules and continue to file monthly RT-12 returns from time to time, on which endorsements were made indicating that it is a case of provisional assessment – Appellant cannot now be permitted to urge that it had not su…
Supreme Court of India6 Dec 2019Full text
2019 INSC 1336 · [2019] 17 S.C.R. 1013
Dismissing the appeals, the Court G HELD: 1. Notification dated 9.9.2003 issued in the present case makes it clear that exemption was granted under Section 5A of the Act of 1944, concerning additional duties under the Act of 1957 and additional duties of excise under the Act of 1978. It was questioned on the ground tha…
Supreme Court of India6 Dec 2019Full text
2019 INSC 1333 · [2019] 14 S.C.R. 716
Inquiry: Preliminary inquiry – Requirement of – Before lodging FIR B– Held: Scope and ambit of preliminary inquiry before lodging an FIR, would depend upon the facts of each case – Objective of such inquiry is only to ensure that criminal investigation does not initiate on frivolous and untenable complaint – In the pre…
Supreme Court of India6 Dec 2019Full text
2019 INSC 1332 · [2019] 14 S.C.R. 763
mandated to be followed by Regulation 6 – Seniority also could not have been fixed as per Uttarakhand Government Servant Seniority Service Rules, 2002 – Such Rules since were framed under proviso to Art. 309 of the Constitution, are not applicable to a statutory body unless adopted by such body – Uttar Pradesh Jal Boar…
Supreme Court of India6 Dec 2019Full text
2019 INSC 1331 · [2019] 14 S.C.R. 755
H RAJESH KUMAR DWIVEDI v. STATE OF U.P. & ANR. 757 The Judgment of the Court was delivered by A HEMANT GUPTA, J. 1. The challenge in the present appeal is to an order dated 14th December, 2016 passed by the High Court of Judicature at Allahabad whereby the appeal filed by the appellant challenging the order dated B26th…
Supreme Court of India4 Feb 2019Full text
2019 INSC 133 · [2019] 2 S.C.R. 627
[2019] 2 S.C.R. 627 627 FEDERATION HAJ PTOS OF INDIA A v. UNION OF INDIA Writ Petition (Civil) No. 4 of 2019 FEBRUARY 04, 2019 B [A. K. SIKRI, S. ABDUL NAZEER AND M. R. SHAH, JJ.] Haj Pilgrimage : Haj policy for 2019-23 – Grievance of the petitioner was that some of their vital suggestions, were not incorporated while …
Supreme Court of India6 Dec 2019Full text
2019 INSC 1327 · [2019] 14 S.C.R. 742
742 SUPREME COURT[2019]REPORTS14 S.C.R. 742 [2019] 14 S.C.R. A DARSHAN SINGH v. STATE OF PUNJAB (Criminal Appeal No. 1688 of 2009) B DECEMBER 06, 2019 [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Penal Code, 1860: s.302 – Murder – Conviction based on extra judicial confession – A dead body was found in a jute bag in the fi…
Supreme Court of India6 Dec 2019Full text
2019 INSC 1326 · [2019] 14 S.C.R. 704
704 DRAVIDA MUNNETRA KAZHAGAM (DMK) v. 705 SECRETARY GOVERNORS SECRETARIAT AND ORS. notification of elections only after completing “all legal A formalities”– Directions issued – Further, the only grievance raised in the main appeals was that the local body elections ought be held on the basis of the 2011 Census and no…
Supreme Court of India5 Dec 2019Full text
2019 INSC 1325 · [2019] 14 S.C.R. 529
died of head injuries – The statement of the friend of the deceased who was allegedly present with the deceased at the time of the incident was recorded under s.161 – The statement details the alleged incident and names all five accused, attributing to them the common intention to kill the deceased – It was stated that…
Supreme Court of India5 Dec 2019Full text
2019 INSC 1324 · [2019] 14 S.C.R. 546
H 548 SUPREME COURT REPORTS [2019] 14 S.C.R. A C. U. Singh, Sr. Adv., Anupam Varma, Nikhil Sharma, Pukhrambam Ramesh Kumar, Rahul Kinra, Karun Sharma, Advs. for the Appellant. Parag Tripathi, Sr. Adv., R. C. Kaushik, Sumeet Pushkarna, Alok Gupta, Advs. for the Respondents. B The Judgment of the Court was delivered by D…
Supreme Court of India5 Dec 2019Full text
2019 INSC 1322 · [2019] 14 S.C.R. 513
514 SUPREME COURT REPORTS [2019] 14 S.C.R. A consistently been laid down that the protection under Section 197 of the Code is available to the public servants when an offence is said to have been committed ‘while acting or purporting to act in discharge of their official duty’, but where the acts are performed using th…
Supreme Court of India5 Dec 2019Full text
2019 INSC 1321 · [2019] 17 S.C.R. 1155
of the Sessions Court ordering discharge of SCB, SS, LM, RS was affirmed by the High Court – Hence the instant appeal by the State and the complainant – Held: The present case is one where the prosecution has alleged that there was a criminal conspiracy to murder the deceased by all the accused – The crime was not H ST…
Also on Law on Tips: Bare Acts · Legal news and analysis
Test Identification Parade(TIP): Evidentiary value of – TIP which is part of investigation, E affords a platform to lend corroboration to the ultimate statements made by the witness before the court – Weightage to such TIP is to be considered in the facts and circumstances of each case – In cases where material on reco…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1345 · [2019] 14 S.C.R. 556
SRI CHANAPPA NAGAPPA MUCHALAGODA v. DIVISIONAL MANAGER, 557 NEW INDIA INSURANCE COMPANY LIMITED job is not possible, since he would require the assistance of a A person to ensure his mobility and manage his discomfort. As a consequence, the functional disability suffered by the Appellant must be assessed as 100%. [Para…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1344 · [2019] 16 S.C.R. 1049
survivorship but by the rule of primogeniture – In the present case, inheritance of the property post the death of the then Maharaja of the State of Maihar by the new Ruler including ‘BNS’ by application of the rule of primogeniture indicates that it was treated as a State or sovereign property– Property was a part of …
Supreme Court of India9 Dec 2019Full text
2019 INSC 1342 · [2019] 14 S.C.R. 781
DR. TANVI BEHL v. SHREY GOEL & ORS. 783 With A Civil Appeal Nos. 9290. 9291, 9292-9293 of 2019. P.S. Patwalia, Nidhesh Gupta, Sr. Advs., Chandra Prakash, C.P. Rajwar, Vivek Singh, Dhrub Sheoran, Mohit Kumar Daroad, Pankaj Jain, Harshika Verma, Rakesh Dahiya, Avijit Mani Tripathi, B Ms. Japneet Kaur, Ms. Vriti Gujral, M…
Supreme Court of India9 Dec 2019Full text
2019 INSC 1341 · [2019] 16 S.C.R. 1086
amounts – It superimposed a possible value of income from agricultural land despite clear indication in the income tax returns of the income from agricultural land – Such method not sustainable in law – Determination must proceed on the basis of the income tax return, where available, a statutory document on which reli…
Supreme Court of India5 Feb 2019Full text
2019 INSC 134 · [2019] 3 S.C.R. 835
order and restored the order of the assessing authority – Held: Judgment in Mohd. Ekram Khan & Sons case refers to the credit notes received as consideration for the replacement; but the moot point is whether credit notes can be treated as a mode of payment or not – Issue raised, as to whether, in the case of warranty …
Supreme Court of India9 Dec 2019Full text
2019 INSC 1339 · [2019] 14 S.C.R. 774
amount as directed in the impugned orders, ONGC is directed to pay the amounts under the order impugned to the claimants. Partly allowing the appeals, the Court HELD: 1. There is virtually no privity of contract for H providing service between the ONGC and the claimants. From 774 CHAIRMAN-CUM-MANAGING DIRECTOR ONGC LTD…
Supreme Court of India9 Dec 2019Full text
2019 INSC 1338 · [2019] 17 S.C.R. 1057
interim order stipulating that the appellant would execute bonds in Form B-13 referable to r.9B of the Rules and continue to file monthly RT-12 returns from time to time, on which endorsements were made indicating that it is a case of provisional assessment – Appellant cannot now be permitted to urge that it had not su…
Supreme Court of India6 Dec 2019Full text
2019 INSC 1336 · [2019] 17 S.C.R. 1013
Dismissing the appeals, the Court G HELD: 1. Notification dated 9.9.2003 issued in the present case makes it clear that exemption was granted under Section 5A of the Act of 1944, concerning additional duties under the Act of 1957 and additional duties of excise under the Act of 1978. It was questioned on the ground tha…
Supreme Court of India6 Dec 2019Full text
2019 INSC 1333 · [2019] 14 S.C.R. 716
Inquiry: Preliminary inquiry – Requirement of – Before lodging FIR B– Held: Scope and ambit of preliminary inquiry before lodging an FIR, would depend upon the facts of each case – Objective of such inquiry is only to ensure that criminal investigation does not initiate on frivolous and untenable complaint – In the pre…
Supreme Court of India6 Dec 2019Full text
2019 INSC 1332 · [2019] 14 S.C.R. 763
mandated to be followed by Regulation 6 – Seniority also could not have been fixed as per Uttarakhand Government Servant Seniority Service Rules, 2002 – Such Rules since were framed under proviso to Art. 309 of the Constitution, are not applicable to a statutory body unless adopted by such body – Uttar Pradesh Jal Boar…
Supreme Court of India6 Dec 2019Full text
2019 INSC 1331 · [2019] 14 S.C.R. 755
H RAJESH KUMAR DWIVEDI v. STATE OF U.P. & ANR. 757 The Judgment of the Court was delivered by A HEMANT GUPTA, J. 1. The challenge in the present appeal is to an order dated 14th December, 2016 passed by the High Court of Judicature at Allahabad whereby the appeal filed by the appellant challenging the order dated B26th…
Supreme Court of India4 Feb 2019Full text
2019 INSC 133 · [2019] 2 S.C.R. 627
[2019] 2 S.C.R. 627 627 FEDERATION HAJ PTOS OF INDIA A v. UNION OF INDIA Writ Petition (Civil) No. 4 of 2019 FEBRUARY 04, 2019 B [A. K. SIKRI, S. ABDUL NAZEER AND M. R. SHAH, JJ.] Haj Pilgrimage : Haj policy for 2019-23 – Grievance of the petitioner was that some of their vital suggestions, were not incorporated while …
Supreme Court of India6 Dec 2019Full text
2019 INSC 1327 · [2019] 14 S.C.R. 742
742 SUPREME COURT[2019]REPORTS14 S.C.R. 742 [2019] 14 S.C.R. A DARSHAN SINGH v. STATE OF PUNJAB (Criminal Appeal No. 1688 of 2009) B DECEMBER 06, 2019 [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Penal Code, 1860: s.302 – Murder – Conviction based on extra judicial confession – A dead body was found in a jute bag in the fi…
Supreme Court of India6 Dec 2019Full text
2019 INSC 1326 · [2019] 14 S.C.R. 704
704 DRAVIDA MUNNETRA KAZHAGAM (DMK) v. 705 SECRETARY GOVERNORS SECRETARIAT AND ORS. notification of elections only after completing “all legal A formalities”– Directions issued – Further, the only grievance raised in the main appeals was that the local body elections ought be held on the basis of the 2011 Census and no…
Supreme Court of India5 Dec 2019Full text
2019 INSC 1325 · [2019] 14 S.C.R. 529
died of head injuries – The statement of the friend of the deceased who was allegedly present with the deceased at the time of the incident was recorded under s.161 – The statement details the alleged incident and names all five accused, attributing to them the common intention to kill the deceased – It was stated that…
Supreme Court of India5 Dec 2019Full text
2019 INSC 1324 · [2019] 14 S.C.R. 546
H 548 SUPREME COURT REPORTS [2019] 14 S.C.R. A C. U. Singh, Sr. Adv., Anupam Varma, Nikhil Sharma, Pukhrambam Ramesh Kumar, Rahul Kinra, Karun Sharma, Advs. for the Appellant. Parag Tripathi, Sr. Adv., R. C. Kaushik, Sumeet Pushkarna, Alok Gupta, Advs. for the Respondents. B The Judgment of the Court was delivered by D…
Supreme Court of India5 Dec 2019Full text
2019 INSC 1322 · [2019] 14 S.C.R. 513
514 SUPREME COURT REPORTS [2019] 14 S.C.R. A consistently been laid down that the protection under Section 197 of the Code is available to the public servants when an offence is said to have been committed ‘while acting or purporting to act in discharge of their official duty’, but where the acts are performed using th…
Supreme Court of India5 Dec 2019Full text
2019 INSC 1321 · [2019] 17 S.C.R. 1155
of the Sessions Court ordering discharge of SCB, SS, LM, RS was affirmed by the High Court – Hence the instant appeal by the State and the complainant – Held: The present case is one where the prosecution has alleged that there was a criminal conspiracy to murder the deceased by all the accused – The crime was not H ST…
Also on Law on Tips: Bare Acts · Legal news and analysis