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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.
5,961–5,980 · Page 299 of 500
Supreme Court of India5 Nov 2019Full text
2019 INSC 1205 · [2019] 14 S.C.R. 9
[2019] 14 S.C.R. 9 9 UNION OF INDIA & ORS. A v. LT. COL. OM DUTT SHARMA (RETD.) DEAD THROUGH LRS & ORS. (Civil Appeal No. 8139 of 2019) B NOVEMBER 05, 2019 [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Service Law: Pension – One Rank one Pension (OROP) – Entitlement to C – Of the personnel of Army Postal Service (APS), on d…
Supreme Court of India5 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.
5,961–5,980 · Page 299 of 500
Supreme Court of India5 Nov 2019Full text
2019 INSC 1205 · [2019] 14 S.C.R. 9
[2019] 14 S.C.R. 9 9 UNION OF INDIA & ORS. A v. LT. COL. OM DUTT SHARMA (RETD.) DEAD THROUGH LRS & ORS. (Civil Appeal No. 8139 of 2019) B NOVEMBER 05, 2019 [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Service Law: Pension – One Rank one Pension (OROP) – Entitlement to C – Of the personnel of Army Postal Service (APS), on d…
Supreme Court of India5 Nov 2019Full text
2019 INSC 1204 · [2019] 16 S.C.R. 861
B Criminal Law: Benefit of doubt – Wrong benefit given to acquitted accused cannot enure to the advantage of the convicted accused against whom clear, truthful and unassailable evidence was available. C Witnesses: Reaction of witnesses – Held: There cannot be uniformity in the reaction of witnesses – There is possibili…
Supreme Court of India5 Nov 2019Full text
2019 INSC 1203 · [2019] 13 S.C.R. 577
1.4 The most potent threat faced by the earth and human civilization as a whole which is confronted with, today, is F environmental degradation and wildlife degeneration. The need to protect flora and fauna which constitutes a major portion of our ecosystem is immediate. Development and urbanization coming at the cost …
Supreme Court of India4 Nov 2019Full text
2019 INSC 1202 · [2019] 16 S.C.R. 811
such servitors/incumbents who create obstruction in seva/puja/niti and are involved in misbehaviour and misconduct against the employees of the Temple Administration or with devotees – The Temple Management Committee is directed to invite shrimad Jagadguru Shankaracharya and other stakeholders and ensure that nitis, pu…
Supreme Court of India4 Nov 2019Full text
2019 INSC 1201 · [2019] 13 S.C.R. 570
officer concerned – Also, High Court had no jurisdiction to pass an order that the employee be retained in service, as it is settled that grant of probation under the Act does not have bearing so far as the service of such employee is concerned – The employee cannot H 570 STATE OF MADHYA PRADESH v. MAN SINGH 571 claim …
Supreme Court of India25 Oct 2019Full text
2019 INSC 1200 · [2019] 13 S.C.R. 534
Limitation Act are applicable – Thus, provisions of s. 5 are applicable to revisional provision u/s. 48 as they are not expressly excluded by the provisions under the Act of 2005 - Delay in filing of revision condoned – Limitation Act, 1963 – ss. 5, 29. Remitting the matter to the High Court, the Court F HELD: 1.1 The …
Supreme Court of India31 Jan 2019Full text
2019 INSC 120 · [2019] 1 S.C.R. 812
Sawarni (Smt.) v. Inder Kaur (1996) 6 SCC 223 : [1996] D 5 Suppl. SCR 165; Balwant Singh & Anr. v. Daulat Singh(dead) by L.Rs. & Ors, (1997) 7 SCC 137; Narasamma & Ors. v. State of Karnataka & Ors. (2009) 5 SCC 591 : [2009] 4 SCR 929 – relied on. Case Law Reference E [1996] 5 Suppl. SCR 165 relied on Para 8 (1997) 7 SC…
Supreme Court of India4 Jan 2019Full text
2019 INSC 12 · [2019] 1 S.C.R. 223
Dismissing the Contempt petitions, the Court HELD: 1.1 The petitioners cannot claim any grievance of not engaging them in pursuance of the order passed by this Court when this Court has disposed of the Special Leave Petitions in H 223 224 SUPREME COURT REPORTS [2019] 1 S.C.R. A the light of circular dated 07.04.2015 wh…
Supreme Court of India25 Oct 2019Full text
2019 INSC 1199 · [2019] 13 S.C.R. 1098
investigation – In view of the serious allegations made in the complaint, the High Court should not have made roving inquiry while considering the application filed u/s.482, CrPC – High Court got carried away by the agreement/settlement arrived at between the parties, and recorded finding that the physical relationship…
Supreme Court of India25 Oct 2019Full text
2019 INSC 1198 · [2019] 13 S.C.R. 1106
‘SN’ did not disclose as to when the envelope containing dasti notice was opened – Further, submission of ‘SN’ that dasti notice from the Supreme Court was considered by him as to be ‘some income tax return documents’ lacked credibility – Dasti notice was served on him on 13.12.2018, which was much prior to his surgery…
Supreme Court of India25 Oct 2019Full text
2019 INSC 1197 · [2019] 13 S.C.R. 1092
– Therefore, what could be corrected was the mistake or the category i.e. from General to any of the reserved category or vice-versa but G not that a candidate who is not eligible in terms of advertisement issued on 18.06.13 becomes eligible under the guise of correction of mistakes – High Court erred in law in shiftin…
Supreme Court of India24 Oct 2019Full text
2019 INSC 1193 · [2019] 16 S.C.R. 971
Therefore, that judgment continues to hold the field in this regard. H [Para 12] [985-D-G] MUNICIPAL CORP. OF GREATER MUMBAI v. SUNBEAM 973 HIGH TECH DEVELOPERS PVT. LTD. 3. This Court does not approve the action of the Municipal A Corporation or its officials in demolishing the structures without following the procedu…
Supreme Court of India24 Oct 2019Full text
2019 INSC 1190 · [2019] 14 S.C.R. 1047
Shikhil Suri, Adv. (A.C.) Ms. June Chaudhary, Sr. Adv., Mohd. Parvez Dabas, Uzmi Jameel G Husain, Ms. Shilpa Saini, Shakil Ahmed Syed, Advs. for the Appellants. Rahul Kaushik, Ms. Bhuvneshwari Pathak, Ms. Shilpi Satyapriya Satyam, Advs. for the Respondent. H IMRAT SINGH & ORS. v. STATE OF MADHYA PRADESH 1049 The Judgme…
Supreme Court of India31 Jan 2019Full text
2019 INSC 119 · [2019] 1 S.C.R. 1029
remitted to the High Court for fresh consideration, to decide the criminal revision on its own merit – Penal Code 1860 – ss.143, 147, 323 r/w. 149, 325 – Bombay Police Act – s. 135. Disposing of the appeals, the Court HELD: 1.1 The reason for rejecting the application for leave F to appeal ran contrary to evidence on r…
Supreme Court of India24 Oct 2019Full text
2019 INSC 1189 · [2019] 13 S.C.R. 1056
– Appeal to Supreme Court – Held: Since the candidates are not F certified as OBC by Govt. of NCT of Delhi they cannot be considered eligible in the OBC category – They also cannot be considered against unreserved category because there is an express bar under Office Memoranda on migration to unreserved category of tho…
Supreme Court of India24 Oct 2019Full text
2019 INSC 1188 · [2019] 16 S.C.R. 993
dated 12.09.2013 was challenged by the appellant before High Court and also sought direction to the Commissioner to take over possession of PPL and to endorse the commencement certificate for residential building upto 56 floors –The Commissioner passed order dated 31.08.2016 deciding the refuge area – Subsequently Noti…
Supreme Court of India24 Oct 2019Full text
2019 INSC 1187 · [2019] 16 S.C.R. 672
– Telecom operators again approached TDSAT challenging the demands – TDSAT by the impugned order considered the specific head of items to be included/excluded under the definition of AGR – Held: Contractual definition of gross revenue is binding – Gross G amount, as per the definition, is the gross revenue, without set…
Supreme Court of India24 Oct 2019Full text
2019 INSC 1186 · [2019] 13 S.C.R. 1069
[2019] 13 S.C.R. 1069 1069 SIRDAR K.B. RAMACHANDRA RAJ URS. (DEAD) A THROUGH LRS. v. SARAH C. URS & ORS. (Civil Appeal No.6049 of 2007) B OCTOBER 24, 2019 [ARUN MISHRA AND S. ABDUL NAZEER, JJ.] Estoppel – When not attracted – Suit property let out to plaintiff no.2 by the late father of defendant no.1 and defendant no.…
Supreme Court of India24 Oct 2019Full text
2019 INSC 1185 · [2019] 16 S.C.R. 1046
B Civil Appeal Nos. 3279 and 3280 of 2012. Maninder Singh, Ms. Vibha Dutta Makhija, Sr. Advs., Sibo Sankar Mishra, Niranjan Sahu, Ashok Kumar Singh, V. Balaji, T. A. Khan, Praveen Gaur, Ms. Priyanshi Agarwal, Aadhya Mishra, B. V. Balram Das, Ms. Rachana Srivastava, Ms. Vasundra, Advs. for the appearing C parties. The J…
Supreme Court of India23 Oct 2019Full text
2019 INSC 1184 · [2019] 15 S.C.R. 1085
No litigant can choose, who should be on the Bench – He cannot say that a Judge who might have decided a case on a particular issue, which may go against his interest subsequently or is part of a larger Bench should not hear his case – Furthermore, if a party or his Counsel can at length argue on the question of recusa…
Also on Law on Tips: Bare Acts · Legal news and analysis
2019 INSC 1204 · [2019] 16 S.C.R. 861
B Criminal Law: Benefit of doubt – Wrong benefit given to acquitted accused cannot enure to the advantage of the convicted accused against whom clear, truthful and unassailable evidence was available. C Witnesses: Reaction of witnesses – Held: There cannot be uniformity in the reaction of witnesses – There is possibili…
Supreme Court of India5 Nov 2019Full text
2019 INSC 1203 · [2019] 13 S.C.R. 577
1.4 The most potent threat faced by the earth and human civilization as a whole which is confronted with, today, is F environmental degradation and wildlife degeneration. The need to protect flora and fauna which constitutes a major portion of our ecosystem is immediate. Development and urbanization coming at the cost …
Supreme Court of India4 Nov 2019Full text
2019 INSC 1202 · [2019] 16 S.C.R. 811
such servitors/incumbents who create obstruction in seva/puja/niti and are involved in misbehaviour and misconduct against the employees of the Temple Administration or with devotees – The Temple Management Committee is directed to invite shrimad Jagadguru Shankaracharya and other stakeholders and ensure that nitis, pu…
Supreme Court of India4 Nov 2019Full text
2019 INSC 1201 · [2019] 13 S.C.R. 570
officer concerned – Also, High Court had no jurisdiction to pass an order that the employee be retained in service, as it is settled that grant of probation under the Act does not have bearing so far as the service of such employee is concerned – The employee cannot H 570 STATE OF MADHYA PRADESH v. MAN SINGH 571 claim …
Supreme Court of India25 Oct 2019Full text
2019 INSC 1200 · [2019] 13 S.C.R. 534
Limitation Act are applicable – Thus, provisions of s. 5 are applicable to revisional provision u/s. 48 as they are not expressly excluded by the provisions under the Act of 2005 - Delay in filing of revision condoned – Limitation Act, 1963 – ss. 5, 29. Remitting the matter to the High Court, the Court F HELD: 1.1 The …
Supreme Court of India31 Jan 2019Full text
2019 INSC 120 · [2019] 1 S.C.R. 812
Sawarni (Smt.) v. Inder Kaur (1996) 6 SCC 223 : [1996] D 5 Suppl. SCR 165; Balwant Singh & Anr. v. Daulat Singh(dead) by L.Rs. & Ors, (1997) 7 SCC 137; Narasamma & Ors. v. State of Karnataka & Ors. (2009) 5 SCC 591 : [2009] 4 SCR 929 – relied on. Case Law Reference E [1996] 5 Suppl. SCR 165 relied on Para 8 (1997) 7 SC…
Supreme Court of India4 Jan 2019Full text
2019 INSC 12 · [2019] 1 S.C.R. 223
Dismissing the Contempt petitions, the Court HELD: 1.1 The petitioners cannot claim any grievance of not engaging them in pursuance of the order passed by this Court when this Court has disposed of the Special Leave Petitions in H 223 224 SUPREME COURT REPORTS [2019] 1 S.C.R. A the light of circular dated 07.04.2015 wh…
Supreme Court of India25 Oct 2019Full text
2019 INSC 1199 · [2019] 13 S.C.R. 1098
investigation – In view of the serious allegations made in the complaint, the High Court should not have made roving inquiry while considering the application filed u/s.482, CrPC – High Court got carried away by the agreement/settlement arrived at between the parties, and recorded finding that the physical relationship…
Supreme Court of India25 Oct 2019Full text
2019 INSC 1198 · [2019] 13 S.C.R. 1106
‘SN’ did not disclose as to when the envelope containing dasti notice was opened – Further, submission of ‘SN’ that dasti notice from the Supreme Court was considered by him as to be ‘some income tax return documents’ lacked credibility – Dasti notice was served on him on 13.12.2018, which was much prior to his surgery…
Supreme Court of India25 Oct 2019Full text
2019 INSC 1197 · [2019] 13 S.C.R. 1092
– Therefore, what could be corrected was the mistake or the category i.e. from General to any of the reserved category or vice-versa but G not that a candidate who is not eligible in terms of advertisement issued on 18.06.13 becomes eligible under the guise of correction of mistakes – High Court erred in law in shiftin…
Supreme Court of India24 Oct 2019Full text
2019 INSC 1193 · [2019] 16 S.C.R. 971
Therefore, that judgment continues to hold the field in this regard. H [Para 12] [985-D-G] MUNICIPAL CORP. OF GREATER MUMBAI v. SUNBEAM 973 HIGH TECH DEVELOPERS PVT. LTD. 3. This Court does not approve the action of the Municipal A Corporation or its officials in demolishing the structures without following the procedu…
Supreme Court of India24 Oct 2019Full text
2019 INSC 1190 · [2019] 14 S.C.R. 1047
Shikhil Suri, Adv. (A.C.) Ms. June Chaudhary, Sr. Adv., Mohd. Parvez Dabas, Uzmi Jameel G Husain, Ms. Shilpa Saini, Shakil Ahmed Syed, Advs. for the Appellants. Rahul Kaushik, Ms. Bhuvneshwari Pathak, Ms. Shilpi Satyapriya Satyam, Advs. for the Respondent. H IMRAT SINGH & ORS. v. STATE OF MADHYA PRADESH 1049 The Judgme…
Supreme Court of India31 Jan 2019Full text
2019 INSC 119 · [2019] 1 S.C.R. 1029
remitted to the High Court for fresh consideration, to decide the criminal revision on its own merit – Penal Code 1860 – ss.143, 147, 323 r/w. 149, 325 – Bombay Police Act – s. 135. Disposing of the appeals, the Court HELD: 1.1 The reason for rejecting the application for leave F to appeal ran contrary to evidence on r…
Supreme Court of India24 Oct 2019Full text
2019 INSC 1189 · [2019] 13 S.C.R. 1056
– Appeal to Supreme Court – Held: Since the candidates are not F certified as OBC by Govt. of NCT of Delhi they cannot be considered eligible in the OBC category – They also cannot be considered against unreserved category because there is an express bar under Office Memoranda on migration to unreserved category of tho…
Supreme Court of India24 Oct 2019Full text
2019 INSC 1188 · [2019] 16 S.C.R. 993
dated 12.09.2013 was challenged by the appellant before High Court and also sought direction to the Commissioner to take over possession of PPL and to endorse the commencement certificate for residential building upto 56 floors –The Commissioner passed order dated 31.08.2016 deciding the refuge area – Subsequently Noti…
Supreme Court of India24 Oct 2019Full text
2019 INSC 1187 · [2019] 16 S.C.R. 672
– Telecom operators again approached TDSAT challenging the demands – TDSAT by the impugned order considered the specific head of items to be included/excluded under the definition of AGR – Held: Contractual definition of gross revenue is binding – Gross G amount, as per the definition, is the gross revenue, without set…
Supreme Court of India24 Oct 2019Full text
2019 INSC 1186 · [2019] 13 S.C.R. 1069
[2019] 13 S.C.R. 1069 1069 SIRDAR K.B. RAMACHANDRA RAJ URS. (DEAD) A THROUGH LRS. v. SARAH C. URS & ORS. (Civil Appeal No.6049 of 2007) B OCTOBER 24, 2019 [ARUN MISHRA AND S. ABDUL NAZEER, JJ.] Estoppel – When not attracted – Suit property let out to plaintiff no.2 by the late father of defendant no.1 and defendant no.…
Supreme Court of India24 Oct 2019Full text
2019 INSC 1185 · [2019] 16 S.C.R. 1046
B Civil Appeal Nos. 3279 and 3280 of 2012. Maninder Singh, Ms. Vibha Dutta Makhija, Sr. Advs., Sibo Sankar Mishra, Niranjan Sahu, Ashok Kumar Singh, V. Balaji, T. A. Khan, Praveen Gaur, Ms. Priyanshi Agarwal, Aadhya Mishra, B. V. Balram Das, Ms. Rachana Srivastava, Ms. Vasundra, Advs. for the appearing C parties. The J…
Supreme Court of India23 Oct 2019Full text
2019 INSC 1184 · [2019] 15 S.C.R. 1085
No litigant can choose, who should be on the Bench – He cannot say that a Judge who might have decided a case on a particular issue, which may go against his interest subsequently or is part of a larger Bench should not hear his case – Furthermore, if a party or his Counsel can at length argue on the question of recusa…
Also on Law on Tips: Bare Acts · Legal news and analysis