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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.
5,881–5,900 · Page 295 of 500
Supreme Court of India28 Nov 2019Full text
2019 INSC 1298 · [2019] 14 S.C.R. 505
discipline has to be treated as a single post for the purpose of reservation within the meaning of Art.16(4) of the Constitution – There was no error in the judgment of High Court – Prayer of the appellant that she continued to work as a Lecturer in English since her appointment in 2002 and during the pendency of appea…
Supreme Court of India28 Nov 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.
5,881–5,900 · Page 295 of 500
Supreme Court of India28 Nov 2019Full text
2019 INSC 1298 · [2019] 14 S.C.R. 505
discipline has to be treated as a single post for the purpose of reservation within the meaning of Art.16(4) of the Constitution – There was no error in the judgment of High Court – Prayer of the appellant that she continued to work as a Lecturer in English since her appointment in 2002 and during the pendency of appea…
Supreme Court of India28 Nov 2019Full text
2019 INSC 1297 · [2019] 14 S.C.R. 1072
retrospective effect – In the instant case, for the recruitment process for which advertisement was issued on 21.12.2018, the 2019 Procedure (which came into effect from 01.04.2019) can have no application, particularly when the first phase of the selection i.e. the screening test was conducted under the 2010 Rules – C…
Supreme Court of India28 Nov 2019Full text
2019 INSC 1296 · [2019] 14 S.C.R. 1030
contract, at that stage of the lis – However, even if the deposited amount is not considered as additional security amount in its true spirit, as per terms of the agreement the right of the appellant to proceed in accordance with law to assess the damage suffered and to recover the same from the private respondents, wo…
Supreme Court of India28 Nov 2019Full text
2019 INSC 1294 · [2019] 14 S.C.R. 1056
1056 SUPREME COURT[2019]REPORTS14 S.C.R. 1056 [2019] 14 S.C.R. A JAI PRAKASH v. STATE OF UTTAR PRADESH AND OTHERS (Criminal Appeal Nos.1790-1791 of 2019) B NOVEMBER 28, 2019 [R. BANUMATHI, A.S. BOPANNA AND HRISHIKESH ROY, JJ.] Penal Code, 1860 : C ss. 302 and 120B – Prosecution under – Conviction of three of the four a…
Supreme Court of India28 Nov 2019Full text
2019 INSC 1293 · [2019] 14 S.C.R. 1011
Disposing of the appeals, the Court HELD: 1. GO No. 242 dated 22.7.2013 indicates very clearly that the Assistant Engineers who were in the pre-revised pay B scale of Rs.6500-11100 by virtue of acceptance of the recommendations made by the 6th Central Pay Commission were kept in the pay scale of Rs.9300-34800 with grad…
Supreme Court of India27 Nov 2019Full text
2019 INSC 1292 · [2019] 14 S.C.R. 999
Doctrines/Principles: Doctrine of kompetenz-kompetenz – D Applicability of, exception – Held: The doctrine is subject to the exception i.e. when the arbitration agreement itself is impeached as being procured by fraud or deception – This exception would also apply to cases where the parties in the process of negotiatio…
Supreme Court of India27 Nov 2019Full text
2019 INSC 1291 · [2019] 18 S.C.R. 1125
Dismissal of earlier suit for injunction for default – Trial court dismissed the suit for specific performance holding that the plaintiff had omitted to sue for specific performance of the agreement although the cause of action had accrued in favour of the plaintiff at the time when the earlier suit for injunction was …
Supreme Court of India27 Nov 2019Full text
2019 INSC 1290 · [2019] 17 S.C.R. 405
Tribunal to entertain appeal against any order, decision, finding or sentence passed by a Court Martial – The order challenged in the OA in this case is a proceeding by which the General Court Martial was convened – As there was no order, decision, finding or sentence by the Court Martial, an appeal under s.15 per se w…
Supreme Court of India4 Feb 2019Full text
2019 INSC 129 · [2019] 1 S.C.R. 1064
3. If the report of the Local Commissioner was suffering from an irregularity, the proper course for the High Court was Deither to issue a fresh Commission or to remand the matter for reconsideration, but the entire suit could not have been dismissed for any irregularity on the part of Local Commissioner. Hence, the ap…
Supreme Court of India27 Nov 2019Full text
2019 INSC 1289 · [2019] 17 S.C.R. 331
– The scheme of s.87 is different from that of s.26, and is explicit D in stating that court proceedings are merely parasitical on arbitral proceedings – It is, therefore, clear that only arbitral proceedings have to be looked at to see whether the 2015 Amendment Act kicks in – Argument that in the instant case there w…
Supreme Court of India27 Nov 2019Full text
2019 INSC 1288 · [2019] 18 S.C.R. 1116
1116 CENTURY RAYON LIMITED v. IVP LIMITED AND OTHERS 1117 injunction order subject to appellant making an ad hoc payment of A Rs. 20,00,000/- with such payment being subject to outcome of the civil suit or the proceedings under the Telegraph Act for quantifying the compensation payable to first respondent – Indian Tele…
Supreme Court of India27 Nov 2019Full text
2019 INSC 1287 · [2019] 17 S.C.R. 1134
– Held: There was no error in the sanction order – What the law requires is the application of mind by the Sanctioning authority on the material placed before it to satisfy itself of prima facie case that would constitute the offence –…
Supreme Court of India26 Nov 2019Full text
2019 INSC 1286 · [2019] 14 S.C.R. 206
206 SHIV SENA AND ORS. V. UNION OF INDIA AND ORS. 207 was not administered to the elected members even though a month A had elapsed since the declaration of election results – In such emergent facts and circumstances, to curtail unlawful practices such as horse trading, to avoid uncertainty and to effectuate smooth run…
Supreme Court of India26 Nov 2019Full text
2019 INSC 1284 · [2019] 17 S.C.R. 1048
F Disposing of the appeal, the Court HELD: 1. The effect of the first proviso to s. 2(g) of West Bengal Premises Tenancy Act, 1997 is that the time limit of five years is not to apply to the spouse of the tenant who was ordinarily living with the tenant up to his death as a member of G the family and, besides being dep…
Supreme Court of India26 Nov 2019Full text
2019 INSC 1283 · [2019] 17 S.C.R. 305
[2019] 17 S.C.R. 305 305 KARNATAKA STATE POLLUTION CONTROL BOARD A v. B. HEERA NAIK & ORS. ETC. (Criminal Appeal Nos. 1734-1736 of 2019) NOVEMBER 26, 2019 B [ASHOK BHUSHAN AND M. R. SHAH, JJ.] Water (Prevention and Control of Pollution) Act, 1974: s.10 – Whether City Municipal Council is Department of Government – Held…
Supreme Court of India26 Nov 2019Full text
2019 INSC 1282 · [2019] 14 S.C.R. 977
977 978 SUPREME COURT REPORTS [2019] 14 S.C.R. A his evidence, PW-30 did not state anything about the appellant having disobeyed his orders – s.217 is attracted when there is disobedience of the direction of law with intention to save the accused – In a tense situation where there is law and order problem, normally a s…
Supreme Court of India26 Nov 2019Full text
2019 INSC 1281 · [2019] 14 S.C.R. 232
232 SUPREME COURT[2019]REPORTS14 S.C.R. 232 [2019] 14 S.C.R. A GURJIT SINGH v. STATE OF PUNJAB (Criminal Appeal Nos. 1492-1493 of 2010) B NOVEMBER 26, 2019 [NAVIN SINHA AND B. R. GAVAI, JJ.] Penal Code, 1860: s.498-A – Cruelty and harassment on account of dowry demand – Prosecution proved that the deceased was harassed…
Supreme Court of India25 Nov 2019Full text
2019 INSC 1280 · [2019] 14 S.C.R. 220
and that the land was not a ‘Pokhar’ Pond – Held: Allotment having been made in 2012, order passed in 2016 would not operate retrospectively – Moreover, no extra-ordinary circumstances made out in favour of the allottee – Revenue records show that the land was a ‘Pokhar’ – Protection of such village commons is essentia…
Supreme Court of India25 Nov 2019Full text
2019 INSC 1278 · [2019] 17 S.C.R. 247
– The order of High Court was affirmed by Supreme Court – Vendees of 1987 agreement amended their suit for specific performance of 1987 agreement seeking execution of 1986 agreement on the basis of assignment made in their favour – Trial G court dismissed the suits – Appellate Court affirmed the finding of trial court …
Supreme Court of India22 Nov 2019Full text
2019 INSC 1277 · [2019] 17 S.C.R. 139
Practice and Procedure : Petition u/Art. 226 of the Constitution – Preliminary objection as to its maintainability – Notice issued without rejecting preliminary objection which was later made absolute – After completion of pleadings, petition disposed of as not entertainable F on the ground of availability of alternati…
Also on Law on Tips: Bare Acts · Legal news and analysis
2019 INSC 1297 · [2019] 14 S.C.R. 1072
retrospective effect – In the instant case, for the recruitment process for which advertisement was issued on 21.12.2018, the 2019 Procedure (which came into effect from 01.04.2019) can have no application, particularly when the first phase of the selection i.e. the screening test was conducted under the 2010 Rules – C…
Supreme Court of India28 Nov 2019Full text
2019 INSC 1296 · [2019] 14 S.C.R. 1030
contract, at that stage of the lis – However, even if the deposited amount is not considered as additional security amount in its true spirit, as per terms of the agreement the right of the appellant to proceed in accordance with law to assess the damage suffered and to recover the same from the private respondents, wo…
Supreme Court of India28 Nov 2019Full text
2019 INSC 1294 · [2019] 14 S.C.R. 1056
1056 SUPREME COURT[2019]REPORTS14 S.C.R. 1056 [2019] 14 S.C.R. A JAI PRAKASH v. STATE OF UTTAR PRADESH AND OTHERS (Criminal Appeal Nos.1790-1791 of 2019) B NOVEMBER 28, 2019 [R. BANUMATHI, A.S. BOPANNA AND HRISHIKESH ROY, JJ.] Penal Code, 1860 : C ss. 302 and 120B – Prosecution under – Conviction of three of the four a…
Supreme Court of India28 Nov 2019Full text
2019 INSC 1293 · [2019] 14 S.C.R. 1011
Disposing of the appeals, the Court HELD: 1. GO No. 242 dated 22.7.2013 indicates very clearly that the Assistant Engineers who were in the pre-revised pay B scale of Rs.6500-11100 by virtue of acceptance of the recommendations made by the 6th Central Pay Commission were kept in the pay scale of Rs.9300-34800 with grad…
Supreme Court of India27 Nov 2019Full text
2019 INSC 1292 · [2019] 14 S.C.R. 999
Doctrines/Principles: Doctrine of kompetenz-kompetenz – D Applicability of, exception – Held: The doctrine is subject to the exception i.e. when the arbitration agreement itself is impeached as being procured by fraud or deception – This exception would also apply to cases where the parties in the process of negotiatio…
Supreme Court of India27 Nov 2019Full text
2019 INSC 1291 · [2019] 18 S.C.R. 1125
Dismissal of earlier suit for injunction for default – Trial court dismissed the suit for specific performance holding that the plaintiff had omitted to sue for specific performance of the agreement although the cause of action had accrued in favour of the plaintiff at the time when the earlier suit for injunction was …
Supreme Court of India27 Nov 2019Full text
2019 INSC 1290 · [2019] 17 S.C.R. 405
Tribunal to entertain appeal against any order, decision, finding or sentence passed by a Court Martial – The order challenged in the OA in this case is a proceeding by which the General Court Martial was convened – As there was no order, decision, finding or sentence by the Court Martial, an appeal under s.15 per se w…
Supreme Court of India4 Feb 2019Full text
2019 INSC 129 · [2019] 1 S.C.R. 1064
3. If the report of the Local Commissioner was suffering from an irregularity, the proper course for the High Court was Deither to issue a fresh Commission or to remand the matter for reconsideration, but the entire suit could not have been dismissed for any irregularity on the part of Local Commissioner. Hence, the ap…
Supreme Court of India27 Nov 2019Full text
2019 INSC 1289 · [2019] 17 S.C.R. 331
– The scheme of s.87 is different from that of s.26, and is explicit D in stating that court proceedings are merely parasitical on arbitral proceedings – It is, therefore, clear that only arbitral proceedings have to be looked at to see whether the 2015 Amendment Act kicks in – Argument that in the instant case there w…
Supreme Court of India27 Nov 2019Full text
2019 INSC 1288 · [2019] 18 S.C.R. 1116
1116 CENTURY RAYON LIMITED v. IVP LIMITED AND OTHERS 1117 injunction order subject to appellant making an ad hoc payment of A Rs. 20,00,000/- with such payment being subject to outcome of the civil suit or the proceedings under the Telegraph Act for quantifying the compensation payable to first respondent – Indian Tele…
Supreme Court of India27 Nov 2019Full text
2019 INSC 1287 · [2019] 17 S.C.R. 1134
– Held: There was no error in the sanction order – What the law requires is the application of mind by the Sanctioning authority on the material placed before it to satisfy itself of prima facie case that would constitute the offence –…
Supreme Court of India26 Nov 2019Full text
2019 INSC 1286 · [2019] 14 S.C.R. 206
206 SHIV SENA AND ORS. V. UNION OF INDIA AND ORS. 207 was not administered to the elected members even though a month A had elapsed since the declaration of election results – In such emergent facts and circumstances, to curtail unlawful practices such as horse trading, to avoid uncertainty and to effectuate smooth run…
Supreme Court of India26 Nov 2019Full text
2019 INSC 1284 · [2019] 17 S.C.R. 1048
F Disposing of the appeal, the Court HELD: 1. The effect of the first proviso to s. 2(g) of West Bengal Premises Tenancy Act, 1997 is that the time limit of five years is not to apply to the spouse of the tenant who was ordinarily living with the tenant up to his death as a member of G the family and, besides being dep…
Supreme Court of India26 Nov 2019Full text
2019 INSC 1283 · [2019] 17 S.C.R. 305
[2019] 17 S.C.R. 305 305 KARNATAKA STATE POLLUTION CONTROL BOARD A v. B. HEERA NAIK & ORS. ETC. (Criminal Appeal Nos. 1734-1736 of 2019) NOVEMBER 26, 2019 B [ASHOK BHUSHAN AND M. R. SHAH, JJ.] Water (Prevention and Control of Pollution) Act, 1974: s.10 – Whether City Municipal Council is Department of Government – Held…
Supreme Court of India26 Nov 2019Full text
2019 INSC 1282 · [2019] 14 S.C.R. 977
977 978 SUPREME COURT REPORTS [2019] 14 S.C.R. A his evidence, PW-30 did not state anything about the appellant having disobeyed his orders – s.217 is attracted when there is disobedience of the direction of law with intention to save the accused – In a tense situation where there is law and order problem, normally a s…
Supreme Court of India26 Nov 2019Full text
2019 INSC 1281 · [2019] 14 S.C.R. 232
232 SUPREME COURT[2019]REPORTS14 S.C.R. 232 [2019] 14 S.C.R. A GURJIT SINGH v. STATE OF PUNJAB (Criminal Appeal Nos. 1492-1493 of 2010) B NOVEMBER 26, 2019 [NAVIN SINHA AND B. R. GAVAI, JJ.] Penal Code, 1860: s.498-A – Cruelty and harassment on account of dowry demand – Prosecution proved that the deceased was harassed…
Supreme Court of India25 Nov 2019Full text
2019 INSC 1280 · [2019] 14 S.C.R. 220
and that the land was not a ‘Pokhar’ Pond – Held: Allotment having been made in 2012, order passed in 2016 would not operate retrospectively – Moreover, no extra-ordinary circumstances made out in favour of the allottee – Revenue records show that the land was a ‘Pokhar’ – Protection of such village commons is essentia…
Supreme Court of India25 Nov 2019Full text
2019 INSC 1278 · [2019] 17 S.C.R. 247
– The order of High Court was affirmed by Supreme Court – Vendees of 1987 agreement amended their suit for specific performance of 1987 agreement seeking execution of 1986 agreement on the basis of assignment made in their favour – Trial G court dismissed the suits – Appellate Court affirmed the finding of trial court …
Supreme Court of India22 Nov 2019Full text
2019 INSC 1277 · [2019] 17 S.C.R. 139
Practice and Procedure : Petition u/Art. 226 of the Constitution – Preliminary objection as to its maintainability – Notice issued without rejecting preliminary objection which was later made absolute – After completion of pleadings, petition disposed of as not entertainable F on the ground of availability of alternati…
Also on Law on Tips: Bare Acts · Legal news and analysis