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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.
6,001–6,020 · Page 301 of 500
Supreme Court of India17 Oct 2019Full text
2019 INSC 1155 · [2019] 15 S.C.R. 1022
– Amount can always be directed to be refunded, if deposited in excess – In the instant case, in an application u/ss. 8 and 9, respondent-pre-emptor did not file any material to substantiate even G the plea on the basis of which, even if an inquiry was held, could a conclusion be reached that the stated consideration w…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1154 · [2019] 13 S.C.R. 458
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.
6,001–6,020 · Page 301 of 500
Supreme Court of India17 Oct 2019Full text
2019 INSC 1155 · [2019] 15 S.C.R. 1022
– Amount can always be directed to be refunded, if deposited in excess – In the instant case, in an application u/ss. 8 and 9, respondent-pre-emptor did not file any material to substantiate even G the plea on the basis of which, even if an inquiry was held, could a conclusion be reached that the stated consideration w…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1154 · [2019] 13 S.C.R. 458
Disposing of the appeal and remitting the matter to High Court, the Court HELD : The notification issued under s. 10 (1) of Contract F Labour (Regulation and Abolition) Act, 1970, prohibiting contract labour would directly impact the workmen in the ONGC but in the writ petitions filed before the two High Courts, the ON…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1153 · [2019] 13 S.C.R. 480
HELD: 1. It is not seriously disputed by the parties with regard to the entering of the agreements for procuring the land in favour of the appellant and respondents have received the amount of Rs.9 crores by way of demand drafts and cheques. It Dis the specific case of the appellant that there are schedules mentioned t…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1152 · [2019] 13 S.C.R. 470
notice to him – High Court quashed the FIR with all proceedings emanating thereto – On appeal, held: The High Court proceeded on the premise that the appellant had admitted the receipt of foreign contribution from his father – However, the case of appellant was that foreign contributions were received by the respondent…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1151 · [2019] 15 S.C.R. 1043
2. In the present case, the compensation for the structure on the land has been deducted from the Award dated 01.10.2003 by the Review Award dated 14.07.2004 on the ground of the same being illegal structure, which actually amounts to Review of the C Award and cannot be said to be a correction of any clerical or arithm…
Supreme Court of India30 Jan 2019Full text
2019 INSC 115 · [2019] 1 S.C.R. 748
748 SUPREME COURT[2019]REPORTS1 S.C.R. 748 [2019] 1 S.C.R. A THE STATE OF BIHAR & ANR. v. DR. SACHINDRA NARAYAN & ORS. (Civil Appeal No. 884 of 2019) B JANUARY 30, 2019 [DR. DHANANJAYA Y CHANDRACHUD AND HEMANT GUPTA, JJ.] Anugraha Narayan Sinha Institute of Social Studies Act, 1964: C ss. 6, 8, 9 and 10 – Payment of Pe…
Supreme Court of India16 Oct 2019Full text
2019 INSC 1149 · [2019] 13 S.C.R. 754
amendment) Rules 2008 come into existence, which were much more liberal – Now, 50 % of the shops were reserved for the existing licence holders and there were two important conditions; (i) that a person must have licence for 3 years and (ii) that the dealer must have an annual turnover of Rs. 5 lakhs in each of the thr…
Supreme Court of India16 Oct 2019Full text
2019 INSC 1148 · [2019] 13 S.C.R. 741
[2019] 13 S.C.R. 741 741 EBHA ARJUN JADEJA & ORS. A v. THE STATE OF GUJARAT (Criminal Appeal No. 1692 of 2009) B OCTOBER 16, 2019 [DEEPAK GUPTA AND ANIRUDDHA BOSE, JJ.] Terrorist and Disruptive Activities (Preventive) Act, 1987 – s. 20-A(1) – Compliance of – Three accused persons were stopped and personally searched by…
Supreme Court of India16 Oct 2019Full text
2019 INSC 1147 · [2019] 13 S.C.R. 770
– Order of Labour Court was upheld by Single Judge of High Court – Division Bench of High Court set aside the orders of D courts below holding that jurisdiction u/s. 33(2)(b) could not be expanded to permit the parties to lead evidence which was never produced in domestic enquiry – Appeal to Supreme Court – Held: For a…
Supreme Court of India16 Oct 2019Full text
2019 INSC 1146 · [2019] 15 S.C.R. 936
received by him u/s.173(2); and which power would continue to ensure in such Magistrate at all stages of the Criminal Proceedings until trial itself commences – Further, the “investigation” referred to in s.156(1) of the CrPC would, as per definition of “investigation” u/s.2(h), include all proceedings for collection o…
Supreme Court of India15 Oct 2019Full text
2019 INSC 1145 · [2019] 13 S.C.R. 520
520 STATE OF PUNJAB v. BALJINDER SINGH & ANR. 521 violation of the requirements u/s.50 but, if there be other evidence A on record, such material can certainly be looked into – Since in the present case, seven bags of poppy husk each weighing 34 kgs. were found from the vehicle which was being driven by accused with th…
Supreme Court of India15 Oct 2019Full text
2019 INSC 1144 · [2019] 13 S.C.R. 733
(2) thereof empowers the appropriate legislature to constitute tribunal to deal with the issues relating to rent and its regulations E – Thus, it is not disputed that the State has the power to constitute the Tribunal – Art.246 specifically provides that Parliament has exclusive powers to make laws in respect of matter…
Supreme Court of India15 Oct 2019Full text
2019 INSC 1143 · [2019] 13 S.C.R. 721
722 SUPREME COURT REPORTS [2019] 13 S.C.R. A assessee(s) and to remove the anomalies, the date 01.07.2015 was substituted in s.1(3), in place of 01.04.2016 –By doing so, the assessees, who desired to take the benefit of one time opportunity, could have made declaration prior to 30.09.2015 and paid the tax and penalty p…
Supreme Court of India14 Oct 2019Full text
2019 INSC 1142 · [2019] 13 S.C.R. 695
[2019] 13 S.C.R. 695 695 SHIV KUMAR & ANR. A v. UNION OF INDIA & ORS. (Civil Appeal No. 8003 of 2019) B OCTOBER 14, 2019 [ARUN MISHRA, M. R. SHAH AND B. R. GAVAI, JJ.] Land Acquisition Act, 1894: s.4 – Whether a purchaser of the property after issuance of notification under s.4 of the Act of 1894, can invoke the provis…
Supreme Court of India14 Oct 2019Full text
2019 INSC 1141 · [2019] 13 S.C.R. 681
681 682 SUPREME COURT REPORTS [2019] 13 S.C.R. A Allowing the appeal, the Court HELD: 1. The requirement of section 4(2) of the M.B. Zamindari Abolition Act is dual that the land should not only be Khud-kasht, but it should be so recorded in the annual village papers before the date of vesting. As the date of vesting w…
Supreme Court of India14 Oct 2019Full text
2019 INSC 1140 · [2019] 13 S.C.R. 797
797 798 SUPREME COURT REPORTS [2019] 13 S.C.R. A have a nexus with the job being performed - Examining this nexus has been left to the wisdom of the administrative authorities, best equipped to do so as held in M. Rathinaswami's case - Bringing forth from the direct recruitment quota (for which the qualification is the…
Supreme Court of India30 Jan 2019Full text
2019 INSC 114 · [2019] 1 S.C.R. 763
Allowing the appeal, the Court C HELD: 1. The policy in question indicated that the “year of make” of the Excavator was “2007” while the policy was for the period 22.07.2009 to 21.07.2010. The parties were aware that the Excavator was purchased in the year 2007 for Rs.51.74 lakhs. If the contract mentioned the sum insu…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1138 · [2019] 15 S.C.R. 795
Code of Civil Procedure, 1908: s.9A (as inserted by Maharashtra Amendment Act, 1977) – Jurisdiction – When E considering what colour expression “jurisdiction” has in s.9A, it is clearly in the context of power to entertain, jurisdiction takes colour from accompanying word ‘entertain’; i.e. the Court should have jurisdi…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1137 · [2019] 12 S.C.R. 821
F M. R. SHAH, J. 1. In all the writ petitions, the respective petitioners – students have prayed for an appropriate writ, order or direction directing the respondents – State Government to treat the petitioners eligible for reservation under Persons with Disability (PwD category) and grant G them admission in MBBS Cour…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1136 · [2019] 12 S.C.R. 830
H 830 DUNCANS INDUSTRIES LTD. v. A. J. AGROCHEM 831 Dismissing the appeals, the Court A HELD: 1.1 In effect, the appellant has been continued to be in management and control of the tea estates, despite the notification under Section 16E of the Tea Act. It is required to be noted that notification under Section 16E was …
Also on Law on Tips: Bare Acts · Legal news and analysis
Disposing of the appeal and remitting the matter to High Court, the Court HELD : The notification issued under s. 10 (1) of Contract F Labour (Regulation and Abolition) Act, 1970, prohibiting contract labour would directly impact the workmen in the ONGC but in the writ petitions filed before the two High Courts, the ON…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1153 · [2019] 13 S.C.R. 480
HELD: 1. It is not seriously disputed by the parties with regard to the entering of the agreements for procuring the land in favour of the appellant and respondents have received the amount of Rs.9 crores by way of demand drafts and cheques. It Dis the specific case of the appellant that there are schedules mentioned t…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1152 · [2019] 13 S.C.R. 470
notice to him – High Court quashed the FIR with all proceedings emanating thereto – On appeal, held: The High Court proceeded on the premise that the appellant had admitted the receipt of foreign contribution from his father – However, the case of appellant was that foreign contributions were received by the respondent…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1151 · [2019] 15 S.C.R. 1043
2. In the present case, the compensation for the structure on the land has been deducted from the Award dated 01.10.2003 by the Review Award dated 14.07.2004 on the ground of the same being illegal structure, which actually amounts to Review of the C Award and cannot be said to be a correction of any clerical or arithm…
Supreme Court of India30 Jan 2019Full text
2019 INSC 115 · [2019] 1 S.C.R. 748
748 SUPREME COURT[2019]REPORTS1 S.C.R. 748 [2019] 1 S.C.R. A THE STATE OF BIHAR & ANR. v. DR. SACHINDRA NARAYAN & ORS. (Civil Appeal No. 884 of 2019) B JANUARY 30, 2019 [DR. DHANANJAYA Y CHANDRACHUD AND HEMANT GUPTA, JJ.] Anugraha Narayan Sinha Institute of Social Studies Act, 1964: C ss. 6, 8, 9 and 10 – Payment of Pe…
Supreme Court of India16 Oct 2019Full text
2019 INSC 1149 · [2019] 13 S.C.R. 754
amendment) Rules 2008 come into existence, which were much more liberal – Now, 50 % of the shops were reserved for the existing licence holders and there were two important conditions; (i) that a person must have licence for 3 years and (ii) that the dealer must have an annual turnover of Rs. 5 lakhs in each of the thr…
Supreme Court of India16 Oct 2019Full text
2019 INSC 1148 · [2019] 13 S.C.R. 741
[2019] 13 S.C.R. 741 741 EBHA ARJUN JADEJA & ORS. A v. THE STATE OF GUJARAT (Criminal Appeal No. 1692 of 2009) B OCTOBER 16, 2019 [DEEPAK GUPTA AND ANIRUDDHA BOSE, JJ.] Terrorist and Disruptive Activities (Preventive) Act, 1987 – s. 20-A(1) – Compliance of – Three accused persons were stopped and personally searched by…
Supreme Court of India16 Oct 2019Full text
2019 INSC 1147 · [2019] 13 S.C.R. 770
– Order of Labour Court was upheld by Single Judge of High Court – Division Bench of High Court set aside the orders of D courts below holding that jurisdiction u/s. 33(2)(b) could not be expanded to permit the parties to lead evidence which was never produced in domestic enquiry – Appeal to Supreme Court – Held: For a…
Supreme Court of India16 Oct 2019Full text
2019 INSC 1146 · [2019] 15 S.C.R. 936
received by him u/s.173(2); and which power would continue to ensure in such Magistrate at all stages of the Criminal Proceedings until trial itself commences – Further, the “investigation” referred to in s.156(1) of the CrPC would, as per definition of “investigation” u/s.2(h), include all proceedings for collection o…
Supreme Court of India15 Oct 2019Full text
2019 INSC 1145 · [2019] 13 S.C.R. 520
520 STATE OF PUNJAB v. BALJINDER SINGH & ANR. 521 violation of the requirements u/s.50 but, if there be other evidence A on record, such material can certainly be looked into – Since in the present case, seven bags of poppy husk each weighing 34 kgs. were found from the vehicle which was being driven by accused with th…
Supreme Court of India15 Oct 2019Full text
2019 INSC 1144 · [2019] 13 S.C.R. 733
(2) thereof empowers the appropriate legislature to constitute tribunal to deal with the issues relating to rent and its regulations E – Thus, it is not disputed that the State has the power to constitute the Tribunal – Art.246 specifically provides that Parliament has exclusive powers to make laws in respect of matter…
Supreme Court of India15 Oct 2019Full text
2019 INSC 1143 · [2019] 13 S.C.R. 721
722 SUPREME COURT REPORTS [2019] 13 S.C.R. A assessee(s) and to remove the anomalies, the date 01.07.2015 was substituted in s.1(3), in place of 01.04.2016 –By doing so, the assessees, who desired to take the benefit of one time opportunity, could have made declaration prior to 30.09.2015 and paid the tax and penalty p…
Supreme Court of India14 Oct 2019Full text
2019 INSC 1142 · [2019] 13 S.C.R. 695
[2019] 13 S.C.R. 695 695 SHIV KUMAR & ANR. A v. UNION OF INDIA & ORS. (Civil Appeal No. 8003 of 2019) B OCTOBER 14, 2019 [ARUN MISHRA, M. R. SHAH AND B. R. GAVAI, JJ.] Land Acquisition Act, 1894: s.4 – Whether a purchaser of the property after issuance of notification under s.4 of the Act of 1894, can invoke the provis…
Supreme Court of India14 Oct 2019Full text
2019 INSC 1141 · [2019] 13 S.C.R. 681
681 682 SUPREME COURT REPORTS [2019] 13 S.C.R. A Allowing the appeal, the Court HELD: 1. The requirement of section 4(2) of the M.B. Zamindari Abolition Act is dual that the land should not only be Khud-kasht, but it should be so recorded in the annual village papers before the date of vesting. As the date of vesting w…
Supreme Court of India14 Oct 2019Full text
2019 INSC 1140 · [2019] 13 S.C.R. 797
797 798 SUPREME COURT REPORTS [2019] 13 S.C.R. A have a nexus with the job being performed - Examining this nexus has been left to the wisdom of the administrative authorities, best equipped to do so as held in M. Rathinaswami's case - Bringing forth from the direct recruitment quota (for which the qualification is the…
Supreme Court of India30 Jan 2019Full text
2019 INSC 114 · [2019] 1 S.C.R. 763
Allowing the appeal, the Court C HELD: 1. The policy in question indicated that the “year of make” of the Excavator was “2007” while the policy was for the period 22.07.2009 to 21.07.2010. The parties were aware that the Excavator was purchased in the year 2007 for Rs.51.74 lakhs. If the contract mentioned the sum insu…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1138 · [2019] 15 S.C.R. 795
Code of Civil Procedure, 1908: s.9A (as inserted by Maharashtra Amendment Act, 1977) – Jurisdiction – When E considering what colour expression “jurisdiction” has in s.9A, it is clearly in the context of power to entertain, jurisdiction takes colour from accompanying word ‘entertain’; i.e. the Court should have jurisdi…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1137 · [2019] 12 S.C.R. 821
F M. R. SHAH, J. 1. In all the writ petitions, the respective petitioners – students have prayed for an appropriate writ, order or direction directing the respondents – State Government to treat the petitioners eligible for reservation under Persons with Disability (PwD category) and grant G them admission in MBBS Cour…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1136 · [2019] 12 S.C.R. 830
H 830 DUNCANS INDUSTRIES LTD. v. A. J. AGROCHEM 831 Dismissing the appeals, the Court A HELD: 1.1 In effect, the appellant has been continued to be in management and control of the tea estates, despite the notification under Section 16E of the Tea Act. It is required to be noted that notification under Section 16E was …
Also on Law on Tips: Bare Acts · Legal news and analysis