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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.
5,981–6,000 · Page 300 of 500
Supreme Court of India23 Oct 2019Full text
2019 INSC 1183 · [2019] 13 S.C.R. 1044
specified in the 2004 Rules may not be considered as expression of opinion on the merits of the matter – Arbitrator to proceed with the matter on its own merits and in accordance with law – CENVAT Credit Rules, 2004. Dismissing the appeal, the Court C HELD: 1.1 Clause 12 provides for reference of dispute to an Arbitrat…
Supreme Court of India22 Oct 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.
5,981–6,000 · Page 300 of 500
Supreme Court of India23 Oct 2019Full text
2019 INSC 1183 · [2019] 13 S.C.R. 1044
specified in the 2004 Rules may not be considered as expression of opinion on the merits of the matter – Arbitrator to proceed with the matter on its own merits and in accordance with law – CENVAT Credit Rules, 2004. Dismissing the appeal, the Court C HELD: 1.1 Clause 12 provides for reference of dispute to an Arbitrat…
Supreme Court of India22 Oct 2019Full text
2019 INSC 1182 · [2019] 13 S.C.R. 565
– Held: Appellants preferred the appeal at first instance on F15.6.2017 before the District Judge – But since this was before the wrong forum and it was filed after a delay of about eleven months and there was no explanation for the time taken by the State between 18.7.2016 and 15.6.2017, the delay in the RFA before th…
Supreme Court of India22 Oct 2019Full text
2019 INSC 1181 · [2019] 13 S.C.R. 1028
C With Civil Appeal No. 7850 of 2019. Anip Sachthey, Sr. Adv., Anando Mukherjee, Ms. Anjali Chauhan, Ms. Ria Sachthey, Mrs. Sarla Chandra, Advs. for the Appellants. D Pranab Kumar Mullick, Ms. Soma Mullick, Seba Kumar Deuria, Advs. for the Respondents. The Judgment of the Court was delivered by HEMANT GUPTA, J. E 1. Th…
Supreme Court of India22 Oct 2019Full text
2019 INSC 1178 · [2019] 15 S.C.R. 1051
– Thereafter, appellant claimed allotment of 43.7 standard acres against balance of verified claim – The Chief Commissioner of Land Administration (CCLA) allotted the land measuring 19.26 standard acres – The questions which were required to be examined E were as to whether the Central Government having transferred lan…
Supreme Court of India22 Oct 2019Full text
2019 INSC 1177 · [2019] 14 S.C.R. 1
BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY v. 3 AMIT KUMAR With A C.A. Nos. 8220/2019, 8221/2019, 8222/2019. Gaurav Agrawal, Ms. Anisha Upadhyay, Rajiv Tyagi, Neeraj Shekhar, Animesh Kumar, Sumit Kumar, Ashutosh Thakur, Ms. Ekta Bharati, Advs. for the appearing parties. B The Judgment of the Court was delivered by DEE…
Supreme Court of India22 Oct 2019Full text
2019 INSC 1175 · [2019] 13 S.C.R. 976
crime is of 2008 and the respondents were only ordered to undergo 4 days of jail term with fine of Rs.1,500/- – Same needs to be enhanced to commensurate with the guilt of the respondents – For offence u/s.326, IPC r/with s.34, IPC, the respondent nos.1-3 to serve rigorous imprisonment for 3 months and pay fine of H 97…
Supreme Court of India22 Oct 2019Full text
2019 INSC 1174 · [2019] 13 S.C.R. 1006
1006 SUPREME COURT[2019]REPORTS13 S.C.R. 1006 [2019] 13 S.C.R. A MUNICIPAL CORPN. OF GREATER MUMBAI v. HARISH LAMBA OF BOMBAY, INDIAN INHABITANT & ORS. B (Civil Appeal No.142 of 2009) OCTOBER 22, 2019 [A. M. KHANWILKAR AND AJAY RASTOGI, JJ.] Mumbai Municipal Corporation Act, 1888: C ss. 139, 140, 141 and 169 – Water ta…
Supreme Court of India21 Oct 2019Full text
2019 INSC 1172 · [2019] 13 S.C.R. 961
[2019] 13 S.C.R. 961 961 M. SRIKANTH A v. STATE OF TELANGANA AND ANR. (Criminal Appeal No. 1586 of 2019) B OCTOBER 21, 2019 [NAVIN SINHA AND B. R. GAVAI, JJ.] Code of Criminal Procedure, 1973 –s.482 –Exercise of jurisdiction under – Respondent no.2-complainant filed complaint against nine persons including accused no.1…
Supreme Court of India21 Oct 2019Full text
2019 INSC 1170 · [2019] 13 S.C.R. 1083
G Ms. Jasmine Damkewala, Sidhartha Barua, Advs. for the Appellant. Bhaskar P. Gupta, Sr. Adv., Kunal Chatterji, Ms. Maitrayee Banerjee, Supratik Sarkar, Sanjoy Kumar Ghosh, Ms. Rupali S. Ghosh, Avijit Bhattacharjee, Advs., for the Respondents. H STRESSED ASSETS STABILIZATION FUND v. WEST BENGAL SMALL 1085 IND. DEVELOPM…
Supreme Court of India31 Jan 2019Full text
2019 INSC 117 · [2019] 1 S.C.R. 820
1.2 The appellant did not file the writ petition in his capacity as public-spirited person, i.e., Public Interest Litigation (PIL). It H 820 N. SANKARANARAYANAN v. CHAIRMAN, TAMIL NADU 821 HOUSING BOARD was, on the other hand, a writ petition was filed by the appellant A essentially to settle his personal property righ…
Supreme Court of India18 Oct 2019Full text
2019 INSC 1166 · [2019] 13 S.C.R. 509
mentioned in the PAN database, more particularly when the return has been filed under E-Module scheme– Notices u/s.143(2) are issued on selection of case generated under automated system of the Department which picks up the address of the assessee from the database of the PAN – Therefore, change of address in the datab…
Supreme Court of India18 Oct 2019Full text
2019 INSC 1164 · [2019] 13 S.C.R. 489
B Dismissing the appeal, the Court HELD: 1. Respondents are sought to be proceeded for charge under Section 306/34, IPC mainly relying on the suicide letters written by the deceased girl and the statements recorded C during the investigation. Even according to the case of de facto complainant, respondent Nos. 2 and 3 w…
Supreme Court of India18 Oct 2019Full text
2019 INSC 1163 · [2019] 13 S.C.R. 497
S. P. MISRA & ORS. v. MOHD. LAIQUDDIN KHAN & ANR. 499 against the third parties, such clauses will not bind them, such of A the clauses in the partnership deed, which run contrary to provisions of Indian Partnership Act, 1932, are void and unenforceable. Such clauses are also opposed to public policy. [Paras 16-18] [50…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1162 · [2019] 13 S.C.R. 442
Allowing the appeal, the Court HELD : 1. The question of ouster of the jurisdiction of the F civil court by specially constituted tribunals, not to be readily inferred unless the conditions as under are satisfied. Where the statute gives a finality to the orders of the special Tribunals the civil courts’ jurisdiction m…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1161 · [2019] 13 S.C.R. 819
H 819 820 SUPREME COURT REPORTS [2019] 13 S.C.R. A Allowing the appeal, the Court HELD: 1.1 The order summoning the appellant for the offences under Section 376(2) of the Indian Penal Code, 1860 read with Sections 5/6 of the Protection of Children from Sexual Offences Act, 2012 is not sustainable in law. The prosecutri…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1160 · [2019] 13 S.C.R. 425
425 426 SUPREME COURT REPORTS [2019] 13 S.C.R. A Rs.1,00,000/- within three months – In case of failure to pay the same, the respondent to undergo imprisonment for six months – Code of Criminal Procedure, 1973 – s.313. Allowing the appeal, the Court HELD: 1.1 The approach of the Trial Court and that of the B High Court…
Supreme Court of India31 Jan 2019Full text
2019 INSC 116 · [2019] 1 S.C.R. 827
[Paras 25, 26][835-G-H] 1.2 Whether it is a suit between the licensor and the licensee or between the landlord and the tenant, such types of H 827 828 SUPREME COURT REPORTS [2019] 1 S.C.R. A suits fall under Section 41 of the Small Cause Courts Act and are, therefore, cognizable by the Courts of Small Causes, Bombay. […
Supreme Court of India17 Oct 2019Full text
2019 INSC 1159 · [2019] 13 S.C.R. 406
– Mere issuance of temporary injunction would not make the dispute bona fide – Therefore, pendency of civil suit and interim reliefs G granted therein would not bar criminal prosecution u/s 630 – Section 630 has to be given liberal interpretation so as to facilitate expeditious recovery of the Company’s property – Ther…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1157 · [2019] 15 S.C.R. 990
and irregular appointees were allowed to continue – In writ petition thereagainst, the Committee Report was quashed with direction to re-instate the employees – As regards irregular appointment, it cannot be said that the appointment of the employees were irregular appointments but are illegal appointment – As such app…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1156 · [2019] 15 S.C.R. 549
550 SUPREME COURT REPORTS [2019] 15 S.C.R. A Companies Act, 1956: ss.293, 531 – Whether the agreement to sell executed by KOFL in favour of petitioner amounted to fraudulent preference and consequently whether the petitioner has a right to seek the execution of sale deed in its favour – Held: s.531 is a provision that …
Also on Law on Tips: Bare Acts · Legal news and analysis
2019 INSC 1182 · [2019] 13 S.C.R. 565
– Held: Appellants preferred the appeal at first instance on F15.6.2017 before the District Judge – But since this was before the wrong forum and it was filed after a delay of about eleven months and there was no explanation for the time taken by the State between 18.7.2016 and 15.6.2017, the delay in the RFA before th…
Supreme Court of India22 Oct 2019Full text
2019 INSC 1181 · [2019] 13 S.C.R. 1028
C With Civil Appeal No. 7850 of 2019. Anip Sachthey, Sr. Adv., Anando Mukherjee, Ms. Anjali Chauhan, Ms. Ria Sachthey, Mrs. Sarla Chandra, Advs. for the Appellants. D Pranab Kumar Mullick, Ms. Soma Mullick, Seba Kumar Deuria, Advs. for the Respondents. The Judgment of the Court was delivered by HEMANT GUPTA, J. E 1. Th…
Supreme Court of India22 Oct 2019Full text
2019 INSC 1178 · [2019] 15 S.C.R. 1051
– Thereafter, appellant claimed allotment of 43.7 standard acres against balance of verified claim – The Chief Commissioner of Land Administration (CCLA) allotted the land measuring 19.26 standard acres – The questions which were required to be examined E were as to whether the Central Government having transferred lan…
Supreme Court of India22 Oct 2019Full text
2019 INSC 1177 · [2019] 14 S.C.R. 1
BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY v. 3 AMIT KUMAR With A C.A. Nos. 8220/2019, 8221/2019, 8222/2019. Gaurav Agrawal, Ms. Anisha Upadhyay, Rajiv Tyagi, Neeraj Shekhar, Animesh Kumar, Sumit Kumar, Ashutosh Thakur, Ms. Ekta Bharati, Advs. for the appearing parties. B The Judgment of the Court was delivered by DEE…
Supreme Court of India22 Oct 2019Full text
2019 INSC 1175 · [2019] 13 S.C.R. 976
crime is of 2008 and the respondents were only ordered to undergo 4 days of jail term with fine of Rs.1,500/- – Same needs to be enhanced to commensurate with the guilt of the respondents – For offence u/s.326, IPC r/with s.34, IPC, the respondent nos.1-3 to serve rigorous imprisonment for 3 months and pay fine of H 97…
Supreme Court of India22 Oct 2019Full text
2019 INSC 1174 · [2019] 13 S.C.R. 1006
1006 SUPREME COURT[2019]REPORTS13 S.C.R. 1006 [2019] 13 S.C.R. A MUNICIPAL CORPN. OF GREATER MUMBAI v. HARISH LAMBA OF BOMBAY, INDIAN INHABITANT & ORS. B (Civil Appeal No.142 of 2009) OCTOBER 22, 2019 [A. M. KHANWILKAR AND AJAY RASTOGI, JJ.] Mumbai Municipal Corporation Act, 1888: C ss. 139, 140, 141 and 169 – Water ta…
Supreme Court of India21 Oct 2019Full text
2019 INSC 1172 · [2019] 13 S.C.R. 961
[2019] 13 S.C.R. 961 961 M. SRIKANTH A v. STATE OF TELANGANA AND ANR. (Criminal Appeal No. 1586 of 2019) B OCTOBER 21, 2019 [NAVIN SINHA AND B. R. GAVAI, JJ.] Code of Criminal Procedure, 1973 –s.482 –Exercise of jurisdiction under – Respondent no.2-complainant filed complaint against nine persons including accused no.1…
Supreme Court of India21 Oct 2019Full text
2019 INSC 1170 · [2019] 13 S.C.R. 1083
G Ms. Jasmine Damkewala, Sidhartha Barua, Advs. for the Appellant. Bhaskar P. Gupta, Sr. Adv., Kunal Chatterji, Ms. Maitrayee Banerjee, Supratik Sarkar, Sanjoy Kumar Ghosh, Ms. Rupali S. Ghosh, Avijit Bhattacharjee, Advs., for the Respondents. H STRESSED ASSETS STABILIZATION FUND v. WEST BENGAL SMALL 1085 IND. DEVELOPM…
Supreme Court of India31 Jan 2019Full text
2019 INSC 117 · [2019] 1 S.C.R. 820
1.2 The appellant did not file the writ petition in his capacity as public-spirited person, i.e., Public Interest Litigation (PIL). It H 820 N. SANKARANARAYANAN v. CHAIRMAN, TAMIL NADU 821 HOUSING BOARD was, on the other hand, a writ petition was filed by the appellant A essentially to settle his personal property righ…
Supreme Court of India18 Oct 2019Full text
2019 INSC 1166 · [2019] 13 S.C.R. 509
mentioned in the PAN database, more particularly when the return has been filed under E-Module scheme– Notices u/s.143(2) are issued on selection of case generated under automated system of the Department which picks up the address of the assessee from the database of the PAN – Therefore, change of address in the datab…
Supreme Court of India18 Oct 2019Full text
2019 INSC 1164 · [2019] 13 S.C.R. 489
B Dismissing the appeal, the Court HELD: 1. Respondents are sought to be proceeded for charge under Section 306/34, IPC mainly relying on the suicide letters written by the deceased girl and the statements recorded C during the investigation. Even according to the case of de facto complainant, respondent Nos. 2 and 3 w…
Supreme Court of India18 Oct 2019Full text
2019 INSC 1163 · [2019] 13 S.C.R. 497
S. P. MISRA & ORS. v. MOHD. LAIQUDDIN KHAN & ANR. 499 against the third parties, such clauses will not bind them, such of A the clauses in the partnership deed, which run contrary to provisions of Indian Partnership Act, 1932, are void and unenforceable. Such clauses are also opposed to public policy. [Paras 16-18] [50…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1162 · [2019] 13 S.C.R. 442
Allowing the appeal, the Court HELD : 1. The question of ouster of the jurisdiction of the F civil court by specially constituted tribunals, not to be readily inferred unless the conditions as under are satisfied. Where the statute gives a finality to the orders of the special Tribunals the civil courts’ jurisdiction m…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1161 · [2019] 13 S.C.R. 819
H 819 820 SUPREME COURT REPORTS [2019] 13 S.C.R. A Allowing the appeal, the Court HELD: 1.1 The order summoning the appellant for the offences under Section 376(2) of the Indian Penal Code, 1860 read with Sections 5/6 of the Protection of Children from Sexual Offences Act, 2012 is not sustainable in law. The prosecutri…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1160 · [2019] 13 S.C.R. 425
425 426 SUPREME COURT REPORTS [2019] 13 S.C.R. A Rs.1,00,000/- within three months – In case of failure to pay the same, the respondent to undergo imprisonment for six months – Code of Criminal Procedure, 1973 – s.313. Allowing the appeal, the Court HELD: 1.1 The approach of the Trial Court and that of the B High Court…
Supreme Court of India31 Jan 2019Full text
2019 INSC 116 · [2019] 1 S.C.R. 827
[Paras 25, 26][835-G-H] 1.2 Whether it is a suit between the licensor and the licensee or between the landlord and the tenant, such types of H 827 828 SUPREME COURT REPORTS [2019] 1 S.C.R. A suits fall under Section 41 of the Small Cause Courts Act and are, therefore, cognizable by the Courts of Small Causes, Bombay. […
Supreme Court of India17 Oct 2019Full text
2019 INSC 1159 · [2019] 13 S.C.R. 406
– Mere issuance of temporary injunction would not make the dispute bona fide – Therefore, pendency of civil suit and interim reliefs G granted therein would not bar criminal prosecution u/s 630 – Section 630 has to be given liberal interpretation so as to facilitate expeditious recovery of the Company’s property – Ther…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1157 · [2019] 15 S.C.R. 990
and irregular appointees were allowed to continue – In writ petition thereagainst, the Committee Report was quashed with direction to re-instate the employees – As regards irregular appointment, it cannot be said that the appointment of the employees were irregular appointments but are illegal appointment – As such app…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1156 · [2019] 15 S.C.R. 549
550 SUPREME COURT REPORTS [2019] 15 S.C.R. A Companies Act, 1956: ss.293, 531 – Whether the agreement to sell executed by KOFL in favour of petitioner amounted to fraudulent preference and consequently whether the petitioner has a right to seek the execution of sale deed in its favour – Held: s.531 is a provision that …
Also on Law on Tips: Bare Acts · Legal news and analysis