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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.
6,021–6,040 · Page 302 of 500
Supreme Court of India4 Oct 2019Full text
2019 INSC 1135 · [2019] 13 S.C.R. 605
605 606 SUPREME COURT REPORTS [2019] 13 S.C.R. A Dismissing the appeal, the Court Per A. S. Bopanna, J. HELD: 1.1 From a perusal of Section 2(1)(c)(vii) of the Commercial Courts Act, 2015 it is noticed that the disputes B arising out of agreements relating to immovable property used exclusively in trade or commerce wil…
Supreme Court of India4 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.
6,021–6,040 · Page 302 of 500
Supreme Court of India4 Oct 2019Full text
2019 INSC 1135 · [2019] 13 S.C.R. 605
605 606 SUPREME COURT REPORTS [2019] 13 S.C.R. A Dismissing the appeal, the Court Per A. S. Bopanna, J. HELD: 1.1 From a perusal of Section 2(1)(c)(vii) of the Commercial Courts Act, 2015 it is noticed that the disputes B arising out of agreements relating to immovable property used exclusively in trade or commerce wil…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1133 · [2019] 13 S.C.R. 646
Disposing of the appeal, the Court E HELD: Respondent No. 1 Municipal Council has published public tender for giving contract of laying sewer without sanction of the funds by the Central Government. The State Level Sanctioning Committee under the Scheme approved the Sewage Scheme for the Yeola Municipal Council on July…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1132 · [2019] 13 S.C.R. 949
949 950 SUPREME COURT REPORTS [2019] 13 S.C.R. A excuse to award a sentence lower than the minimum – Furthermore, the power under Art.142 cannot be used in total violation of the law – When a minimum sentence is prescribed by law, this Court cannot, in exercise of its power under Art. 142, pass an order totally contrar…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1129 · [2019] 17 S.C.R. 164
Corporation – Thereafter, alteration in the criteria for rehabilitation of arrack workers and issuance of Government order directing to earmark the vacancies for dependent sons of arrack workers who perished consequent to loss of employment – Arrack workers filed writ petition seeking implementation of the first govern…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1128 · [2019] 12 S.C.R. 873
Naveen Kohli v. Neelu Kohli (2006) 4 SCC 558 : [2006] 3 SCR 53 ; Samar Ghosh v. Jaya Ghosh (2007) 4 SCC 511 : [2007] 4 SCR 428 ; Sukhendu Das v. G Rita Mukherjee (2017) 9 SCC 632 – relied on. Durga Prasad Tripathy v. Arundathi Tripathy (2005) 7 SCC 353 : [2005] 2 Suppl. SCR 833 ; Sanghamitra Ghosh v. Kajal Kumar Ghosh …
Supreme Court of India4 Oct 2019Full text
2019 INSC 1127 · [2019] 13 S.C.R. 924
924 SUPREME COURT[2019]REPORTS13 S.C.R. 924 [2019] 13 S.C.R. A FAINUL KHAN v. STATE OF JHARKHAND AND ANOTHER (Criminal Appeal No(s). 937 of 2011) B OCTOBER 04, 2019 [NAVIN SINHA AND B. R. GAVAI, JJ.] Penal Code, 1860: ss.302/149 and ss.323/149 and s.147 – Conviction under – Plea of appellant that charge was framed unde…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1126 · [2019] 15 S.C.R. 771
[2019] 15 S.C.R. 771 771 THE STATE OF ARUNACHAL PRADESH A v. RAMCHANDRA RABIDAS @ RATAN RABIDAS & ANR. (Criminal Appeal No. 905 of 2010) OCTOBER 04, 2019 B [INDU MALHOTRA AND SANJIV KHANNA, JJ.] Motor Vehicles Act, 1988 – Penal Code, 1860 – Conflict between – The High Court held that road traffic offences shall be deal…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1124 · [2019] 13 S.C.R. 938
Dismissing the appeal, the Court HELD: 1. Defendant nos. 1 and 2 by registered notices dated 28.05.1990 and 12.06.1990 required the plaintiff to get the Fsale deed executed by 25.06.1990. The plaintiff does not dispute that the communication was properly addressed and sent through registered acknowledgement due. If it …
Supreme Court of India4 Oct 2019Full text
2019 INSC 1123 · [2019] 12 S.C.R. 848
848 SUPREME COURT[2019]REPORTS12 S.C.R. 848 [2019] 12 S.C.R. A YATINKUMAR JASUBHAI PATEL AND OTHERS v. STATE OF GUJARAT AND OTHERS (Civil Appeal No 7939 of 2019) B OCTOBER 04, 2019 [ARUN MISHRA, M. R. SHAH AND B. R. GAVAI, JJ.] Education/Educational Institutions: Rules framed by University – Providing for institutional…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1122 · [2019] 13 S.C.R. 658
Devansh Gandhi, Siddharth Dias, Umrao Singh Rawat, Mrs. V. D. Khanna, Advs. for the Respondents. H 660 SUPREME COURT REPORTS [2019] 13 S.C.R. A The Judgment of the Court was delivered by S. RAVINDRA BHAT, J. 1. This appeal by special leave questions the decision of the Bombay High Court affirming the rejection of an ap…
Supreme Court of India3 Oct 2019Full text
2019 INSC 1121 · [2019] 13 S.C.R. 260
applicable as entitlement to disability pension shall not be considered unless it is clearly established that the cause of such disease was adversely affected due to factors related to conditions of military service – The invaliding Medical Board categorically held that the appellant was not fit for further service and…
Supreme Court of India3 Oct 2019Full text
2019 INSC 1120 · [2019] 13 S.C.R. 241
– Thereafter, the names of the officers found meritorious are to be rearranged in order of seniority – Thus, it ensures that the candidates falling within the zone of consideration are short listed for promotion G but ultimate promotion from amongst the selected candidates is on the basis of seniority – Such policy per…
Supreme Court of India3 Oct 2019Full text
2019 INSC 1117 · [2019] 13 S.C.R. 634
H 634 VIRUDHUNAGAR HINDU NADARGAL DHARMA PARIBALANA 635 SABAI v. TUTICORIN EDUCATIONAL SOCIETY Allowing the appeal, the Court A HELD: 1. Primarily the High Court went wrong in overlooking the fact that there was already an appeal under Order XLI, Rule 1(r) of CPC, at the instance of the fifth defendant in the suit (thi…
Supreme Court of India3 Oct 2019Full text
2019 INSC 1116 · [2019] 14 S.C.R. 285
[2019] 14 S.C.R. 285 285 RAVISHANKAR @ BABA VISHWAKARMA A v. THE STATE OF MADHYA PRADESH (Criminal Appeal Nos. 1523-1524 of 2019) OCTOBER 03, 2019 B [R. F. NARIMAN, R. SUBHASH REDDY AND SURYA KANT, JJ.] Sentence/Sentencing: Rape/murder of minor – Conviction based on circumstantial evidence – Imposition of death sentenc…
Supreme Court of India3 Oct 2019Full text
2019 INSC 1115 · [2019] 13 S.C.R. 893
[2019] 13 S.C.R. 893 893 ISHWARI LAL YADAV A v. STATE OF CHHATTISGARH (Criminal Appeal Nos.1416-1417 of 2017) OCTOBER 03, 2019 B [R. F. NARIMAN, R. SUBHASH REDDY AND SURYA KANT, JJ.] Penal Code, 1860: ss.364/34 r/w. s.120B, ss.302/34 r/w. s.120B and s.201 – Gruesome murder of small boy as a human Csacrifice – Prosecuti…
Supreme Court of India3 Oct 2019Full text
2019 INSC 1115 · [2019] 13 S.C.R. 912
912 SUPREME COURT[2019]REPORTS13 S.C.R. 912 [2019] 13 S.C.R. A ISHWARI LAL YADAV & ANR. v. STATE OF CHHATTISGARH (Criminal Appeal No. 1522 of 2019) B OCTOBER 03, 2019 [R. F. NARIMAN, R. SUBHASH REDDY AND SURYA KANT, JJ.] Penal Code, 1860 – ss.364/34 r/w. s.120B, ss.302/34 r/w. s.120B and s.201 – Gruesome murder – Prose…
Supreme Court of India3 Oct 2019Full text
2019 INSC 1114 · [2019] 15 S.C.R. 712
712 SUPREME COURT[2019]REPORTS15 S.C.R. 712 [2019] 15 S.C.R. A RAVI S/O ASHOK GHUMARE v. THE STATE OF MAHARASHTRA (Criminal Appeal Nos. 1488-1489 of 2018) B OCTOBER 03, 2019 [R. F. NARIMAN, SURYA KANT AND R. SUBHASH REDDY, JJ.] Penal Code, 1860: ss.302, 363, 376 and 377 – Kidnapping, rape/unnatural intercourse and murd…
Supreme Court of India3 Oct 2019Full text
2019 INSC 1112 · [2019] 13 S.C.R. 228
of the said order was not assailed by the respondent seeking absolute rejection of the petition by raising grounds on the nature of findings rendered therein since that Court had not held the petition to be malafide – In such circumstance, the issue of delay arose only in the context of delay of 8 days in re-presentati…
Supreme Court of India3 Oct 2019Full text
2019 INSC 1111 · [2019] 15 S.C.R. 865
deed of trust – What is the essence of the judgment is that the holding of property must be a holding for and on behalf of the members of the club, there being no transfer of property from one person to another – In members’ clubs there is a complete identity between contributors and participators – Thus, in members’ c…
Supreme Court of India3 Oct 2019Full text
2019 INSC 1110 · [2019] 13 S.C.R. 274
274 SUPREME COURT[2019]REPORTS13 S.C.R. 274 [2019] 13 S.C.R. A OKHLA ENCLAVE PLOT HOLDERS’ WELFARE ASSOCIATION v. UNION OF INDIA AND OTHERS (Writ Petition (C) No. 876 of 1996) B OCTOBER 03, 2019 [R. BANUMATHI AND A. S. BOPANNA, JJ.] Urban development: Colonization – Writ petition by allottees association alleging that …
Also on Law on Tips: Bare Acts · Legal news and analysis
2019 INSC 1133 · [2019] 13 S.C.R. 646
Disposing of the appeal, the Court E HELD: Respondent No. 1 Municipal Council has published public tender for giving contract of laying sewer without sanction of the funds by the Central Government. The State Level Sanctioning Committee under the Scheme approved the Sewage Scheme for the Yeola Municipal Council on July…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1132 · [2019] 13 S.C.R. 949
949 950 SUPREME COURT REPORTS [2019] 13 S.C.R. A excuse to award a sentence lower than the minimum – Furthermore, the power under Art.142 cannot be used in total violation of the law – When a minimum sentence is prescribed by law, this Court cannot, in exercise of its power under Art. 142, pass an order totally contrar…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1129 · [2019] 17 S.C.R. 164
Corporation – Thereafter, alteration in the criteria for rehabilitation of arrack workers and issuance of Government order directing to earmark the vacancies for dependent sons of arrack workers who perished consequent to loss of employment – Arrack workers filed writ petition seeking implementation of the first govern…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1128 · [2019] 12 S.C.R. 873
Naveen Kohli v. Neelu Kohli (2006) 4 SCC 558 : [2006] 3 SCR 53 ; Samar Ghosh v. Jaya Ghosh (2007) 4 SCC 511 : [2007] 4 SCR 428 ; Sukhendu Das v. G Rita Mukherjee (2017) 9 SCC 632 – relied on. Durga Prasad Tripathy v. Arundathi Tripathy (2005) 7 SCC 353 : [2005] 2 Suppl. SCR 833 ; Sanghamitra Ghosh v. Kajal Kumar Ghosh …
Supreme Court of India4 Oct 2019Full text
2019 INSC 1127 · [2019] 13 S.C.R. 924
924 SUPREME COURT[2019]REPORTS13 S.C.R. 924 [2019] 13 S.C.R. A FAINUL KHAN v. STATE OF JHARKHAND AND ANOTHER (Criminal Appeal No(s). 937 of 2011) B OCTOBER 04, 2019 [NAVIN SINHA AND B. R. GAVAI, JJ.] Penal Code, 1860: ss.302/149 and ss.323/149 and s.147 – Conviction under – Plea of appellant that charge was framed unde…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1126 · [2019] 15 S.C.R. 771
[2019] 15 S.C.R. 771 771 THE STATE OF ARUNACHAL PRADESH A v. RAMCHANDRA RABIDAS @ RATAN RABIDAS & ANR. (Criminal Appeal No. 905 of 2010) OCTOBER 04, 2019 B [INDU MALHOTRA AND SANJIV KHANNA, JJ.] Motor Vehicles Act, 1988 – Penal Code, 1860 – Conflict between – The High Court held that road traffic offences shall be deal…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1124 · [2019] 13 S.C.R. 938
Dismissing the appeal, the Court HELD: 1. Defendant nos. 1 and 2 by registered notices dated 28.05.1990 and 12.06.1990 required the plaintiff to get the Fsale deed executed by 25.06.1990. The plaintiff does not dispute that the communication was properly addressed and sent through registered acknowledgement due. If it …
Supreme Court of India4 Oct 2019Full text
2019 INSC 1123 · [2019] 12 S.C.R. 848
848 SUPREME COURT[2019]REPORTS12 S.C.R. 848 [2019] 12 S.C.R. A YATINKUMAR JASUBHAI PATEL AND OTHERS v. STATE OF GUJARAT AND OTHERS (Civil Appeal No 7939 of 2019) B OCTOBER 04, 2019 [ARUN MISHRA, M. R. SHAH AND B. R. GAVAI, JJ.] Education/Educational Institutions: Rules framed by University – Providing for institutional…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1122 · [2019] 13 S.C.R. 658
Devansh Gandhi, Siddharth Dias, Umrao Singh Rawat, Mrs. V. D. Khanna, Advs. for the Respondents. H 660 SUPREME COURT REPORTS [2019] 13 S.C.R. A The Judgment of the Court was delivered by S. RAVINDRA BHAT, J. 1. This appeal by special leave questions the decision of the Bombay High Court affirming the rejection of an ap…
Supreme Court of India3 Oct 2019Full text
2019 INSC 1121 · [2019] 13 S.C.R. 260
applicable as entitlement to disability pension shall not be considered unless it is clearly established that the cause of such disease was adversely affected due to factors related to conditions of military service – The invaliding Medical Board categorically held that the appellant was not fit for further service and…
Supreme Court of India3 Oct 2019Full text
2019 INSC 1120 · [2019] 13 S.C.R. 241
– Thereafter, the names of the officers found meritorious are to be rearranged in order of seniority – Thus, it ensures that the candidates falling within the zone of consideration are short listed for promotion G but ultimate promotion from amongst the selected candidates is on the basis of seniority – Such policy per…
Supreme Court of India3 Oct 2019Full text
2019 INSC 1117 · [2019] 13 S.C.R. 634
H 634 VIRUDHUNAGAR HINDU NADARGAL DHARMA PARIBALANA 635 SABAI v. TUTICORIN EDUCATIONAL SOCIETY Allowing the appeal, the Court A HELD: 1. Primarily the High Court went wrong in overlooking the fact that there was already an appeal under Order XLI, Rule 1(r) of CPC, at the instance of the fifth defendant in the suit (thi…
Supreme Court of India3 Oct 2019Full text
2019 INSC 1116 · [2019] 14 S.C.R. 285
[2019] 14 S.C.R. 285 285 RAVISHANKAR @ BABA VISHWAKARMA A v. THE STATE OF MADHYA PRADESH (Criminal Appeal Nos. 1523-1524 of 2019) OCTOBER 03, 2019 B [R. F. NARIMAN, R. SUBHASH REDDY AND SURYA KANT, JJ.] Sentence/Sentencing: Rape/murder of minor – Conviction based on circumstantial evidence – Imposition of death sentenc…
Supreme Court of India3 Oct 2019Full text
2019 INSC 1115 · [2019] 13 S.C.R. 893
[2019] 13 S.C.R. 893 893 ISHWARI LAL YADAV A v. STATE OF CHHATTISGARH (Criminal Appeal Nos.1416-1417 of 2017) OCTOBER 03, 2019 B [R. F. NARIMAN, R. SUBHASH REDDY AND SURYA KANT, JJ.] Penal Code, 1860: ss.364/34 r/w. s.120B, ss.302/34 r/w. s.120B and s.201 – Gruesome murder of small boy as a human Csacrifice – Prosecuti…
Supreme Court of India3 Oct 2019Full text
2019 INSC 1115 · [2019] 13 S.C.R. 912
912 SUPREME COURT[2019]REPORTS13 S.C.R. 912 [2019] 13 S.C.R. A ISHWARI LAL YADAV & ANR. v. STATE OF CHHATTISGARH (Criminal Appeal No. 1522 of 2019) B OCTOBER 03, 2019 [R. F. NARIMAN, R. SUBHASH REDDY AND SURYA KANT, JJ.] Penal Code, 1860 – ss.364/34 r/w. s.120B, ss.302/34 r/w. s.120B and s.201 – Gruesome murder – Prose…
Supreme Court of India3 Oct 2019Full text
2019 INSC 1114 · [2019] 15 S.C.R. 712
712 SUPREME COURT[2019]REPORTS15 S.C.R. 712 [2019] 15 S.C.R. A RAVI S/O ASHOK GHUMARE v. THE STATE OF MAHARASHTRA (Criminal Appeal Nos. 1488-1489 of 2018) B OCTOBER 03, 2019 [R. F. NARIMAN, SURYA KANT AND R. SUBHASH REDDY, JJ.] Penal Code, 1860: ss.302, 363, 376 and 377 – Kidnapping, rape/unnatural intercourse and murd…
Supreme Court of India3 Oct 2019Full text
2019 INSC 1112 · [2019] 13 S.C.R. 228
of the said order was not assailed by the respondent seeking absolute rejection of the petition by raising grounds on the nature of findings rendered therein since that Court had not held the petition to be malafide – In such circumstance, the issue of delay arose only in the context of delay of 8 days in re-presentati…
Supreme Court of India3 Oct 2019Full text
2019 INSC 1111 · [2019] 15 S.C.R. 865
deed of trust – What is the essence of the judgment is that the holding of property must be a holding for and on behalf of the members of the club, there being no transfer of property from one person to another – In members’ clubs there is a complete identity between contributors and participators – Thus, in members’ c…
Supreme Court of India3 Oct 2019Full text
2019 INSC 1110 · [2019] 13 S.C.R. 274
274 SUPREME COURT[2019]REPORTS13 S.C.R. 274 [2019] 13 S.C.R. A OKHLA ENCLAVE PLOT HOLDERS’ WELFARE ASSOCIATION v. UNION OF INDIA AND OTHERS (Writ Petition (C) No. 876 of 1996) B OCTOBER 03, 2019 [R. BANUMATHI AND A. S. BOPANNA, JJ.] Urban development: Colonization – Writ petition by allottees association alleging that …
Also on Law on Tips: Bare Acts · Legal news and analysis