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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.
5,941–5,960 · Page 298 of 500
Supreme Court of India1 Feb 2019Full text
2019 INSC 123 · [2019] 1 S.C.R. 845
modes directed in that behalf by Or.IX of the Code – Trial court (Single Judge) had proceeded to hear the suit ex parte by taking recourse to Or.IX, r.6 (a) in terms of Or.XVII, r.2 because on that day, the plaintiff was present when the suit was called on for hearing whereas the defendants were absent despite service …
Supreme Court of India8 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.
5,941–5,960 · Page 298 of 500
Supreme Court of India1 Feb 2019Full text
2019 INSC 123 · [2019] 1 S.C.R. 845
modes directed in that behalf by Or.IX of the Code – Trial court (Single Judge) had proceeded to hear the suit ex parte by taking recourse to Or.IX, r.6 (a) in terms of Or.XVII, r.2 because on that day, the plaintiff was present when the suit was called on for hearing whereas the defendants were absent despite service …
Supreme Court of India8 Nov 2019Full text
2019 INSC 1229 · [2019] 17 S.C.R. 185
the appeal of original accused no.1-respondent no.2 and converted his conviction from s.302 to s.304 Part I – Prosecution case was that on the fateful day, complainant’s mother made grievance to respondent no.2 regarding the bad behaviour of his nephew-accused no.2 – At that time, accused no.3 and 4 were also present t…
Supreme Court of India8 Nov 2019Full text
2019 INSC 1228 · [2019] 13 S.C.R. 1127
H 1127 1128 SUPREME COURT REPORTS [2019] 13 S.C.R. A Allowing the appeal, the Court, HELD: 1. Section 30 of the Insolvency and Bankruptcy Code, 2016 lays out the duties of the resolution professional and the various steps that she or he has to take, as well as the considerations that are to weigh, in examining a resolu…
Supreme Court of India8 Nov 2019Full text
2019 INSC 1227 · [2019] 15 S.C.R. 443
– Held: Art.311 deals with dismissal, removal or reduction in rank Eof persons employed in civil capacities under the Union or a State – As per the dicta in Tulsiram Patel and Jaswant Singh case, the law in terms of clause (b) of the second proviso to Art.311(2) mandates that the reasons for dispensing with the inquiry…
Supreme Court of India8 Nov 2019Full text
2019 INSC 1226 · [2019] 13 S.C.R. 1136
their cases – Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011. Allowing the appeals, the Court HELD: 1.1 The respondents cannot be held to be work– G charged employees. The said category of employees, i.e. work– charged employees are engaged against specific work and their pay and allowances are chargeable to su…
Supreme Court of India8 Nov 2019Full text
2019 INSC 1225 · [2019] 14 S.C.R. 368
368 SUPREME COURT[2019]REPORTS14 S.C.R. 368 [2019] 14 S.C.R. A M/S. MITRA GUHA BUILDERS (INDIA) COMPANY v. OIL AND NATURAL GAS CORPORATION LIMITED (Civil Appeal No. 5511 of 2012) B NOVEMBER 08, 2019 [R. BANUMATHI, A. S. BOPANNA AND HRISHIKESH ROY, JJ.] Arbitration : C Contract for building construction – Dispute – Arbi…
Supreme Court of India8 Nov 2019Full text
2019 INSC 1224 · [2019] 15 S.C.R. 464
– In civil appeal arising out of SLP(C) No.5400 of 2011, the process of recognition contained in the 1972 Act be implemented G in respect of the subject institution before any further admission takes place – But, admissions already undertaken in terms of interim orders of Supreme Court, not to be disturbed – It is so d…
Supreme Court of India7 Nov 2019Full text
2019 INSC 1222 · [2019] 13 S.C.R. 1113
H 1113 1114 SUPREME COURT REPORTS [2019] 13 S.C.R. A Allowing the appeal, the Court HELD: 1. The dealer was granted retail dealership for sale of motor spirit (petrol), High Speed Diesel, motor oil and grease. It is not disputed that the dealer is bound by the Marketing Discipline Guidelines, 2012 issued by the Public …
Supreme Court of India7 Nov 2019Full text
2019 INSC 1221 · [2019] 14 S.C.R. 338
338 STATE OF UTTARAKHAND v. DARSHAN SINGH 339 persons, however, when evidence opened PW-1 had gone on to A attribute specific overt act to them also – PW-2 had also stated that he and other relatives had left the tractor at spot and had not taken it to the police station to lodge the report as the dead body was on it –…
Supreme Court of India7 Nov 2019Full text
2019 INSC 1220 · [2019] 14 S.C.R. 78
78 SUPREME COURT[2019]REPORTS14 S.C.R. 78 [2019] 14 S.C.R. A UNION OF INDIA & ORS. v. V. R. NANUKUTTAN NAIR (Civil Appeal Nos. 4714-4715 of 2012) B NOVEMBER 07, 2019 [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Navy (Pension) Regulations, 1964 – Regulations 78, 101, 101A, 101B, 105B & 107 – Grant of service element of disa…
Supreme Court of India31 Jan 2019Full text
2019 INSC 122 · [2019] 1 S.C.R. 779
D-G; 806-A, B-C] 2.1 Section 31(1) of the Code would make it clear that such members of the erstwhile Board of Directors, who are often guarantors, are vitally interested in a resolution plan as such resolution plan then binds them. Such plan may scale down the E debt of the principal debtor, resulting in scaling down …
Supreme Court of India7 Nov 2019Full text
2019 INSC 1219 · [2019] 14 S.C.R. 120
G Interpretation of statutes – Marginal note of section – Held: It is well settled that where any ambiguity exists with regard to the interpretation of a legislative provision, the marginal note can be used in aid of construction, having regard to the object of the legislation and the mischief it seeks to remedy. H 120…
Supreme Court of India7 Nov 2019Full text
2019 INSC 1218 · [2019] 14 S.C.R. 327
[2019] 14 S.C.R. 327 327 KALU ALIAS LAXMINARAYAN A v. STATE OF MADHYA PRADESH (Criminal Appeal No. 1677 of 2010) NOVEMBER 07, 2019 B [NAVIN SINHA AND B.R. GAVAI, JJ.] Penal Code, 1860: s. 302 – Homicidal death within the confines of house – Prosecution case was that appellant husband strangulated his wife to death – Tr…
Supreme Court of India7 Nov 2019Full text
2019 INSC 1216 · [2019] 18 S.C.R. 1078
MANOHARAN v. STATE BY INSPECTOR OF POLICE, VARIETY 1079 HALL POLICE STATION, COIMBATORE comparatively more egregious, one cannot commute the otherwise A barbarically shocking offences of the petitioner – Also, attempted retraction of confession by the petitioner showed how he was in fact remorseless – It was not in the…
Supreme Court of India7 Nov 2019Full text
2019 INSC 1215 · [2019] 13 S.C.R. 1162
1162 SUPREME COURT[2019]REPORTS13 S.C.R. 1162 [2019] 13 S.C.R. A M/S VIJAY TRADING AND TRANSPORT COMPANY v. CENTRAL WAREHOUSING CORPORATION (Civil Appeal No.655 of 2016) B NOVEMBER 07, 2019 [R. BANUMATHI, A.S. BOPANNA AND HRISHIKESH ROY, JJ.] Arbitration and Conciliation Act, 1996: s.34 – Appellant C contractor entered…
Supreme Court of India6 Nov 2019Full text
2019 INSC 1214 · [2019] 14 S.C.R. 69
O R D E R 1. By this order, we propose to dispose of the prayer for interimG reliefs in terms of prayer clauses (c) and (d) of this writ petition. In terms of prayer clause (c), the petitioner has prayed for grant of bail in respect of FIRs mentioned therein registered at Police Station Kasna, Gautam Budh Nagar, Greate…
Supreme Court of India6 Nov 2019Full text
2019 INSC 1211 · [2019] 15 S.C.R. 258
258 SUPREME COURT[2019]REPORTS15 S.C.R. 258 [2019] 15 S.C.R. A M/S ORIENTAL KURIES LTD. REPRESENTED BY ITS CHAIRMAN P. D. JOSE v. LISSA & ORS. B (Civil Appeal No. 5401 of 2009) NOVEMBER 06, 2019 [INDU MALHOTRA AND SANJIV KHANNA, JJ.] C Chits Funds Act, 1982: s.32 – Jural relationship between a chit fund entity and subs…
Supreme Court of India6 Nov 2019Full text
2019 INSC 1210 · [2019] 14 S.C.R. 30
30 SUPREME COURT[2019]REPORTS14 S.C.R. 30 [2019] 14 S.C.R. A JAVED ABDUL RAJJAQ SHAIKH v. STATE OF MAHARASHTRA (Criminal Appeal No. 1181 of 2011) B NOVEMBER 06, 2019 [SANJAY KISHAN KAUL AND K. M. JOSEPH, JJ.] Penal Code, 1860 – s.302 r/w. s.34 and s.498A – Murder – Prosecution case was that the appellant and the other …
Supreme Court of India31 Jan 2019Full text
2019 INSC 121 · [2019] 1 S.C.R. 815
G CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1331 of 2019. From the Judgment and Order dated 06.08.2018 of the High Court of Judicature at Bombay in Second Appeal No. 44 of 2017. H SHRI RAJENDRA LALITKUMAR AGRAWAL v. SMT. RATNA 817 ASHOK MURANJAN Mukul Rohatgi, Sr. Adv., Makarand D. Adkar, Braj K. Mishra, A Vijay K…
Supreme Court of India6 Nov 2019Full text
2019 INSC 1207 · [2019] 14 S.C.R. 58
appellant – Refusal of financial approval by District Inspector of Schools – Correctness of – Held: The analysis of the 1982 Act and the Removal of the Difficulties Order by the Allahabad High Court in Radha Raizada suggested that the Management has very limited scope to make appointment to the substantive vacancy in t…
Also on Law on Tips: Bare Acts · Legal news and analysis
2019 INSC 1229 · [2019] 17 S.C.R. 185
the appeal of original accused no.1-respondent no.2 and converted his conviction from s.302 to s.304 Part I – Prosecution case was that on the fateful day, complainant’s mother made grievance to respondent no.2 regarding the bad behaviour of his nephew-accused no.2 – At that time, accused no.3 and 4 were also present t…
Supreme Court of India8 Nov 2019Full text
2019 INSC 1228 · [2019] 13 S.C.R. 1127
H 1127 1128 SUPREME COURT REPORTS [2019] 13 S.C.R. A Allowing the appeal, the Court, HELD: 1. Section 30 of the Insolvency and Bankruptcy Code, 2016 lays out the duties of the resolution professional and the various steps that she or he has to take, as well as the considerations that are to weigh, in examining a resolu…
Supreme Court of India8 Nov 2019Full text
2019 INSC 1227 · [2019] 15 S.C.R. 443
– Held: Art.311 deals with dismissal, removal or reduction in rank Eof persons employed in civil capacities under the Union or a State – As per the dicta in Tulsiram Patel and Jaswant Singh case, the law in terms of clause (b) of the second proviso to Art.311(2) mandates that the reasons for dispensing with the inquiry…
Supreme Court of India8 Nov 2019Full text
2019 INSC 1226 · [2019] 13 S.C.R. 1136
their cases – Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011. Allowing the appeals, the Court HELD: 1.1 The respondents cannot be held to be work– G charged employees. The said category of employees, i.e. work– charged employees are engaged against specific work and their pay and allowances are chargeable to su…
Supreme Court of India8 Nov 2019Full text
2019 INSC 1225 · [2019] 14 S.C.R. 368
368 SUPREME COURT[2019]REPORTS14 S.C.R. 368 [2019] 14 S.C.R. A M/S. MITRA GUHA BUILDERS (INDIA) COMPANY v. OIL AND NATURAL GAS CORPORATION LIMITED (Civil Appeal No. 5511 of 2012) B NOVEMBER 08, 2019 [R. BANUMATHI, A. S. BOPANNA AND HRISHIKESH ROY, JJ.] Arbitration : C Contract for building construction – Dispute – Arbi…
Supreme Court of India8 Nov 2019Full text
2019 INSC 1224 · [2019] 15 S.C.R. 464
– In civil appeal arising out of SLP(C) No.5400 of 2011, the process of recognition contained in the 1972 Act be implemented G in respect of the subject institution before any further admission takes place – But, admissions already undertaken in terms of interim orders of Supreme Court, not to be disturbed – It is so d…
Supreme Court of India7 Nov 2019Full text
2019 INSC 1222 · [2019] 13 S.C.R. 1113
H 1113 1114 SUPREME COURT REPORTS [2019] 13 S.C.R. A Allowing the appeal, the Court HELD: 1. The dealer was granted retail dealership for sale of motor spirit (petrol), High Speed Diesel, motor oil and grease. It is not disputed that the dealer is bound by the Marketing Discipline Guidelines, 2012 issued by the Public …
Supreme Court of India7 Nov 2019Full text
2019 INSC 1221 · [2019] 14 S.C.R. 338
338 STATE OF UTTARAKHAND v. DARSHAN SINGH 339 persons, however, when evidence opened PW-1 had gone on to A attribute specific overt act to them also – PW-2 had also stated that he and other relatives had left the tractor at spot and had not taken it to the police station to lodge the report as the dead body was on it –…
Supreme Court of India7 Nov 2019Full text
2019 INSC 1220 · [2019] 14 S.C.R. 78
78 SUPREME COURT[2019]REPORTS14 S.C.R. 78 [2019] 14 S.C.R. A UNION OF INDIA & ORS. v. V. R. NANUKUTTAN NAIR (Civil Appeal Nos. 4714-4715 of 2012) B NOVEMBER 07, 2019 [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Navy (Pension) Regulations, 1964 – Regulations 78, 101, 101A, 101B, 105B & 107 – Grant of service element of disa…
Supreme Court of India31 Jan 2019Full text
2019 INSC 122 · [2019] 1 S.C.R. 779
D-G; 806-A, B-C] 2.1 Section 31(1) of the Code would make it clear that such members of the erstwhile Board of Directors, who are often guarantors, are vitally interested in a resolution plan as such resolution plan then binds them. Such plan may scale down the E debt of the principal debtor, resulting in scaling down …
Supreme Court of India7 Nov 2019Full text
2019 INSC 1219 · [2019] 14 S.C.R. 120
G Interpretation of statutes – Marginal note of section – Held: It is well settled that where any ambiguity exists with regard to the interpretation of a legislative provision, the marginal note can be used in aid of construction, having regard to the object of the legislation and the mischief it seeks to remedy. H 120…
Supreme Court of India7 Nov 2019Full text
2019 INSC 1218 · [2019] 14 S.C.R. 327
[2019] 14 S.C.R. 327 327 KALU ALIAS LAXMINARAYAN A v. STATE OF MADHYA PRADESH (Criminal Appeal No. 1677 of 2010) NOVEMBER 07, 2019 B [NAVIN SINHA AND B.R. GAVAI, JJ.] Penal Code, 1860: s. 302 – Homicidal death within the confines of house – Prosecution case was that appellant husband strangulated his wife to death – Tr…
Supreme Court of India7 Nov 2019Full text
2019 INSC 1216 · [2019] 18 S.C.R. 1078
MANOHARAN v. STATE BY INSPECTOR OF POLICE, VARIETY 1079 HALL POLICE STATION, COIMBATORE comparatively more egregious, one cannot commute the otherwise A barbarically shocking offences of the petitioner – Also, attempted retraction of confession by the petitioner showed how he was in fact remorseless – It was not in the…
Supreme Court of India7 Nov 2019Full text
2019 INSC 1215 · [2019] 13 S.C.R. 1162
1162 SUPREME COURT[2019]REPORTS13 S.C.R. 1162 [2019] 13 S.C.R. A M/S VIJAY TRADING AND TRANSPORT COMPANY v. CENTRAL WAREHOUSING CORPORATION (Civil Appeal No.655 of 2016) B NOVEMBER 07, 2019 [R. BANUMATHI, A.S. BOPANNA AND HRISHIKESH ROY, JJ.] Arbitration and Conciliation Act, 1996: s.34 – Appellant C contractor entered…
Supreme Court of India6 Nov 2019Full text
2019 INSC 1214 · [2019] 14 S.C.R. 69
O R D E R 1. By this order, we propose to dispose of the prayer for interimG reliefs in terms of prayer clauses (c) and (d) of this writ petition. In terms of prayer clause (c), the petitioner has prayed for grant of bail in respect of FIRs mentioned therein registered at Police Station Kasna, Gautam Budh Nagar, Greate…
Supreme Court of India6 Nov 2019Full text
2019 INSC 1211 · [2019] 15 S.C.R. 258
258 SUPREME COURT[2019]REPORTS15 S.C.R. 258 [2019] 15 S.C.R. A M/S ORIENTAL KURIES LTD. REPRESENTED BY ITS CHAIRMAN P. D. JOSE v. LISSA & ORS. B (Civil Appeal No. 5401 of 2009) NOVEMBER 06, 2019 [INDU MALHOTRA AND SANJIV KHANNA, JJ.] C Chits Funds Act, 1982: s.32 – Jural relationship between a chit fund entity and subs…
Supreme Court of India6 Nov 2019Full text
2019 INSC 1210 · [2019] 14 S.C.R. 30
30 SUPREME COURT[2019]REPORTS14 S.C.R. 30 [2019] 14 S.C.R. A JAVED ABDUL RAJJAQ SHAIKH v. STATE OF MAHARASHTRA (Criminal Appeal No. 1181 of 2011) B NOVEMBER 06, 2019 [SANJAY KISHAN KAUL AND K. M. JOSEPH, JJ.] Penal Code, 1860 – s.302 r/w. s.34 and s.498A – Murder – Prosecution case was that the appellant and the other …
Supreme Court of India31 Jan 2019Full text
2019 INSC 121 · [2019] 1 S.C.R. 815
G CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1331 of 2019. From the Judgment and Order dated 06.08.2018 of the High Court of Judicature at Bombay in Second Appeal No. 44 of 2017. H SHRI RAJENDRA LALITKUMAR AGRAWAL v. SMT. RATNA 817 ASHOK MURANJAN Mukul Rohatgi, Sr. Adv., Makarand D. Adkar, Braj K. Mishra, A Vijay K…
Supreme Court of India6 Nov 2019Full text
2019 INSC 1207 · [2019] 14 S.C.R. 58
appellant – Refusal of financial approval by District Inspector of Schools – Correctness of – Held: The analysis of the 1982 Act and the Removal of the Difficulties Order by the Allahabad High Court in Radha Raizada suggested that the Management has very limited scope to make appointment to the substantive vacancy in t…
Also on Law on Tips: Bare Acts · Legal news and analysis