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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.
5,901–5,920 · Page 296 of 500
Supreme Court of India22 Nov 2019Full text
2019 INSC 1276 · [2019] 14 S.C.R. 169
– In appeal by both the parties and writ petitions filed by various writ petitioners, held: Detaining Authority while passing the detention orders was aware of the fact that the detenus are actually in custody; that there is a real possibility of their being released on Fbail; and that on being so released they would i…
Supreme Court of India22 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.
5,901–5,920 · Page 296 of 500
Supreme Court of India22 Nov 2019Full text
2019 INSC 1276 · [2019] 14 S.C.R. 169
– In appeal by both the parties and writ petitions filed by various writ petitioners, held: Detaining Authority while passing the detention orders was aware of the fact that the detenus are actually in custody; that there is a real possibility of their being released on Fbail; and that on being so released they would i…
Supreme Court of India22 Nov 2019Full text
2019 INSC 1275 · [2019] 18 S.C.R. 896
directing the appellant to consider the cases of respondents for regularization as Entomologists – Insofar as consequential monetary benefits is concerned, same directed to be granted w.e.f. date of the judgment of the Tribunal – Respondents entitled to notional pay fixation and continuity of service. D CIVIL APPELLATE…
Supreme Court of India22 Nov 2019Full text
2019 INSC 1274 · [2019] 14 S.C.R. 194
H 194 W. N. ALLAL SUNDARAM v. THE COMMNR. H.R. & C.E. 195 ADMN. DEPT. Dismissing the appeal, the Court A HELD : 1. A ‘specific’ endowment is defined in s.6(19) of Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 to mean: (i) Any property or money endowed for the performance of any specific service in a Ma…
Supreme Court of India22 Nov 2019Full text
2019 INSC 1273 · [2019] 17 S.C.R. 119
H 119 120 SUPREME COURT REPORTS [2019] 17 S.C.R. A Dismissing the appeal, the Court HELD: 1. Considering to the factual matrix of the present case, it is noticed that ‘S’ had inherited ancestral property and was alive till 1965. The father of appellant-plaintiff, predeceased him in 1957. The father of appellant was the…
Supreme Court of India21 Nov 2019Full text
2019 INSC 1272 · [2019] 17 S.C.R. 986
– First respondent challenged order of reversion before High Court – High Court dismissed the writ petition holding that the promotion G granted to the first respondent was illegal inasmuch as it was in violation of the principle of seniority-cum-merit – Special leave petition filed by respondent dismissed – First resp…
Supreme Court of India21 Nov 2019Full text
2019 INSC 1271 · [2019] 17 S.C.R. 527
the Disciplinary Authority with liberty to issue notice to show cause to respondent and after allowing him opportunity of submitting representation to arrive at final decision – After order of Tribunal, a notice to show cause was issued to respondent – Disciplinary Authority found that charges were proved against the r…
Supreme Court of India21 Nov 2019Full text
2019 INSC 1270 · [2019] 14 S.C.R. 156
CPC challenging the original decree passed ex-parte, being a statutory right, the defendant cannot be deprived of the statutory right thereby on the ground that the application filed u/or. IX, r. 13 CPC was earlier dismissed – Whether the defendant has adopted dilatory tactics or where there is a lack of bona fide in p…
Supreme Court of India1 Feb 2019Full text
2019 INSC 127 · [2019] 1 S.C.R. 862
E Judicial Propriety – Norms of – Held: Judicial propriety and decorum demands that a judicial order, ad interim, interim or final be vacated, varied, modified, recalled or reviewed by a Bench of coordinate strength or larger strength or a higher forum, but not a smaller Bench of lesser strength, except in cases where …
Supreme Court of India20 Nov 2019Full text
2019 INSC 1269 · [2019] 14 S.C.R. 106
witnesses or the arguments advanced by the public prosecutor, he may route any questions or points through the public prosecutor himself – Further, if there is a situation where the public prosecutor fails to highlight some issue suggested by the victim’s counsel, he can still channelise his questions or arguments thro…
Supreme Court of India20 Nov 2019Full text
2019 INSC 1268 · [2019] 14 S.C.R. 128
128 SUPREME COURT[2019]REPORTS14 S.C.R. 128 [2019] 14 S.C.R. A STATE OF UTTAR PRADESH & ANR. v. M/S. BIRLA CORPORATION LIMITED (Civil Appeal No. 1579 of 2019) B NOVEMBER 20, 2019 [A. M. KHANWILKAR AND DINESH MAHESHWARI, JJ.] Uttar Pradesh Trade Tax Act, 1948: s. 5 – Rebate of tax on certain purchases or sale – Notifica…
Supreme Court of India19 Nov 2019Full text
2019 INSC 1266 · [2019] 17 S.C.R. 214
claim by way of r.6A was inserted in the CPC by 1976 Amendment Act – Or. VIII, r. 6A does not put an embargo on filing the counter-claim after filing the written statement, rather the restriction is only with respect to the accrual of the cause of action– However, this does not give absolute right to the defendant to f…
Supreme Court of India19 Nov 2019Full text
2019 INSC 1264 · [2019] 14 S.C.R. 95
Allowing the appeals, the Court G HELD : 1. On the strength of the principles accepted and laid down in the Supreme Court cases, their liability is fully established. Merely because the other three accused persons i.e. the present respondents had not used their weapons does H 95 96 SUPREME COURT REPORTS [2019] 14 S.C.R…
Supreme Court of India19 Nov 2019Full text
2019 INSC 1261 · [2019] 15 S.C.R. 427
427 428 SUPREME COURT REPORTS [2019] 15 S.C.R. A there was any serious violation of statutory rules, or any bias, mala fides or arbitrariness in the entire selection process – It was evident from the regulations and guidelines governing the process of selection of non-SCS officers to the IAS, as well as letter issued b…
Supreme Court of India19 Nov 2019Full text
2019 INSC 1260 · [2019] 16 S.C.R. 651
is to be determined based on the date of appointment, it cannot be said that for the purpose of Rule 28(iii), the seniority of direct recruits should be determined on the basis of the date of initiation of the recruitment process – Term “Recruitment Year” does not and cannot mean the year in which, the recruitment proc…
Supreme Court of India18 Nov 2019Full text
2019 INSC 1259 · [2019] 14 S.C.R. 695
– Propriety of – Held: Not proper – In view of the provisions of the IBC, the High Court was not justified in passing the orders for carrying out auction of the assets of the respondent No.4, once the proceedings under the IBC had commenced and an order declaring moratorium was passed by the NCLT – Alienation of the as…
Supreme Court of India15 Nov 2019Full text
2019 INSC 1257 · [2019] 14 S.C.R. 659
– IBBI (CIRP) Regulations, 2016 – Regulations 37, 38, 38(IA) & 39(4). Insolvency and Bankruptcy Code, 2016 – Aim of; insolvency process under– Discussed. E Insolvency and Bankruptcy Code, 2016 – s.238 – Scope of – Discussed. Allowing the appeal, the Court HELD: 1. In the present case, Section 92 of the Mumbai Municipal…
Supreme Court of India15 Nov 2019Full text
2019 INSC 1255 · [2019] 14 S.C.R. 647
[2019] 14 S.C.R. 647 647 RATHNAMMA & ORS. A v. SUJATHAMMA & ORS. (Civil Appeal No. 3050 of 2010) NOVEMBER 15, 2019 B [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Hindu Marriage Act, 1955 – ss.5, 7 and 11 – Succession in the estate on basis of a marriage – Claim for – Plaintiff, maternal grand-daughter of defendant No.1 cla…
Supreme Court of India15 Nov 2019Full text
2019 INSC 1254 · [2019] 14 S.C.R. 618
– Interference with – Held: Not called for – Modifications in drug D release are often desirable to increase the stability, safety and efficacy of the drug, to improve the therapeutic outcome of the drug treatment and/or to increase patient compliance and convenience of administration – Use of the term “sustained relea…
Supreme Court of India15 Nov 2019Full text
2019 INSC 1253 · [2019] 14 S.C.R. 628
– No merit in the contention of the first respondent that his seniority would have enabled his name to be included in the Select List – H 628 UNION PUBLIC SERVICE COMMISSION v. JAWAHAR 629 SANTHKUMAR AND OTHERS Gradation is made by the Selection Committee on the merits based A on the relative assessment – Seniority wou…
Supreme Court of India15 Nov 2019Full text
2019 INSC 1252 · [2019] 17 S.C.R. 76
the rigour of examining the ownership ought not to be indulged in the manner as done in a title suit unless the respondent sets up title to the very rented property which is adverse to that of the landlord – In the instant case, the consideration made by the prescribed authority was in the nature of the title being exa…
Also on Law on Tips: Bare Acts · Legal news and analysis
2019 INSC 1275 · [2019] 18 S.C.R. 896
directing the appellant to consider the cases of respondents for regularization as Entomologists – Insofar as consequential monetary benefits is concerned, same directed to be granted w.e.f. date of the judgment of the Tribunal – Respondents entitled to notional pay fixation and continuity of service. D CIVIL APPELLATE…
Supreme Court of India22 Nov 2019Full text
2019 INSC 1274 · [2019] 14 S.C.R. 194
H 194 W. N. ALLAL SUNDARAM v. THE COMMNR. H.R. & C.E. 195 ADMN. DEPT. Dismissing the appeal, the Court A HELD : 1. A ‘specific’ endowment is defined in s.6(19) of Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 to mean: (i) Any property or money endowed for the performance of any specific service in a Ma…
Supreme Court of India22 Nov 2019Full text
2019 INSC 1273 · [2019] 17 S.C.R. 119
H 119 120 SUPREME COURT REPORTS [2019] 17 S.C.R. A Dismissing the appeal, the Court HELD: 1. Considering to the factual matrix of the present case, it is noticed that ‘S’ had inherited ancestral property and was alive till 1965. The father of appellant-plaintiff, predeceased him in 1957. The father of appellant was the…
Supreme Court of India21 Nov 2019Full text
2019 INSC 1272 · [2019] 17 S.C.R. 986
– First respondent challenged order of reversion before High Court – High Court dismissed the writ petition holding that the promotion G granted to the first respondent was illegal inasmuch as it was in violation of the principle of seniority-cum-merit – Special leave petition filed by respondent dismissed – First resp…
Supreme Court of India21 Nov 2019Full text
2019 INSC 1271 · [2019] 17 S.C.R. 527
the Disciplinary Authority with liberty to issue notice to show cause to respondent and after allowing him opportunity of submitting representation to arrive at final decision – After order of Tribunal, a notice to show cause was issued to respondent – Disciplinary Authority found that charges were proved against the r…
Supreme Court of India21 Nov 2019Full text
2019 INSC 1270 · [2019] 14 S.C.R. 156
CPC challenging the original decree passed ex-parte, being a statutory right, the defendant cannot be deprived of the statutory right thereby on the ground that the application filed u/or. IX, r. 13 CPC was earlier dismissed – Whether the defendant has adopted dilatory tactics or where there is a lack of bona fide in p…
Supreme Court of India1 Feb 2019Full text
2019 INSC 127 · [2019] 1 S.C.R. 862
E Judicial Propriety – Norms of – Held: Judicial propriety and decorum demands that a judicial order, ad interim, interim or final be vacated, varied, modified, recalled or reviewed by a Bench of coordinate strength or larger strength or a higher forum, but not a smaller Bench of lesser strength, except in cases where …
Supreme Court of India20 Nov 2019Full text
2019 INSC 1269 · [2019] 14 S.C.R. 106
witnesses or the arguments advanced by the public prosecutor, he may route any questions or points through the public prosecutor himself – Further, if there is a situation where the public prosecutor fails to highlight some issue suggested by the victim’s counsel, he can still channelise his questions or arguments thro…
Supreme Court of India20 Nov 2019Full text
2019 INSC 1268 · [2019] 14 S.C.R. 128
128 SUPREME COURT[2019]REPORTS14 S.C.R. 128 [2019] 14 S.C.R. A STATE OF UTTAR PRADESH & ANR. v. M/S. BIRLA CORPORATION LIMITED (Civil Appeal No. 1579 of 2019) B NOVEMBER 20, 2019 [A. M. KHANWILKAR AND DINESH MAHESHWARI, JJ.] Uttar Pradesh Trade Tax Act, 1948: s. 5 – Rebate of tax on certain purchases or sale – Notifica…
Supreme Court of India19 Nov 2019Full text
2019 INSC 1266 · [2019] 17 S.C.R. 214
claim by way of r.6A was inserted in the CPC by 1976 Amendment Act – Or. VIII, r. 6A does not put an embargo on filing the counter-claim after filing the written statement, rather the restriction is only with respect to the accrual of the cause of action– However, this does not give absolute right to the defendant to f…
Supreme Court of India19 Nov 2019Full text
2019 INSC 1264 · [2019] 14 S.C.R. 95
Allowing the appeals, the Court G HELD : 1. On the strength of the principles accepted and laid down in the Supreme Court cases, their liability is fully established. Merely because the other three accused persons i.e. the present respondents had not used their weapons does H 95 96 SUPREME COURT REPORTS [2019] 14 S.C.R…
Supreme Court of India19 Nov 2019Full text
2019 INSC 1261 · [2019] 15 S.C.R. 427
427 428 SUPREME COURT REPORTS [2019] 15 S.C.R. A there was any serious violation of statutory rules, or any bias, mala fides or arbitrariness in the entire selection process – It was evident from the regulations and guidelines governing the process of selection of non-SCS officers to the IAS, as well as letter issued b…
Supreme Court of India19 Nov 2019Full text
2019 INSC 1260 · [2019] 16 S.C.R. 651
is to be determined based on the date of appointment, it cannot be said that for the purpose of Rule 28(iii), the seniority of direct recruits should be determined on the basis of the date of initiation of the recruitment process – Term “Recruitment Year” does not and cannot mean the year in which, the recruitment proc…
Supreme Court of India18 Nov 2019Full text
2019 INSC 1259 · [2019] 14 S.C.R. 695
– Propriety of – Held: Not proper – In view of the provisions of the IBC, the High Court was not justified in passing the orders for carrying out auction of the assets of the respondent No.4, once the proceedings under the IBC had commenced and an order declaring moratorium was passed by the NCLT – Alienation of the as…
Supreme Court of India15 Nov 2019Full text
2019 INSC 1257 · [2019] 14 S.C.R. 659
– IBBI (CIRP) Regulations, 2016 – Regulations 37, 38, 38(IA) & 39(4). Insolvency and Bankruptcy Code, 2016 – Aim of; insolvency process under– Discussed. E Insolvency and Bankruptcy Code, 2016 – s.238 – Scope of – Discussed. Allowing the appeal, the Court HELD: 1. In the present case, Section 92 of the Mumbai Municipal…
Supreme Court of India15 Nov 2019Full text
2019 INSC 1255 · [2019] 14 S.C.R. 647
[2019] 14 S.C.R. 647 647 RATHNAMMA & ORS. A v. SUJATHAMMA & ORS. (Civil Appeal No. 3050 of 2010) NOVEMBER 15, 2019 B [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Hindu Marriage Act, 1955 – ss.5, 7 and 11 – Succession in the estate on basis of a marriage – Claim for – Plaintiff, maternal grand-daughter of defendant No.1 cla…
Supreme Court of India15 Nov 2019Full text
2019 INSC 1254 · [2019] 14 S.C.R. 618
– Interference with – Held: Not called for – Modifications in drug D release are often desirable to increase the stability, safety and efficacy of the drug, to improve the therapeutic outcome of the drug treatment and/or to increase patient compliance and convenience of administration – Use of the term “sustained relea…
Supreme Court of India15 Nov 2019Full text
2019 INSC 1253 · [2019] 14 S.C.R. 628
– No merit in the contention of the first respondent that his seniority would have enabled his name to be included in the Select List – H 628 UNION PUBLIC SERVICE COMMISSION v. JAWAHAR 629 SANTHKUMAR AND OTHERS Gradation is made by the Selection Committee on the merits based A on the relative assessment – Seniority wou…
Supreme Court of India15 Nov 2019Full text
2019 INSC 1252 · [2019] 17 S.C.R. 76
the rigour of examining the ownership ought not to be indulged in the manner as done in a title suit unless the respondent sets up title to the very rented property which is adverse to that of the landlord – In the instant case, the consideration made by the prescribed authority was in the nature of the title being exa…
Also on Law on Tips: Bare Acts · Legal news and analysis