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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.
6,061–6,080 · Page 304 of 500
Supreme Court of India26 Sep 2019Full text
2019 INSC 1087 · [2019] 12 S.C.R. 721
Allowing the appeal, the Court HELD: 1.1 Ordinarily, upon the death of one of the joint mutawallis, the surviving mutawalli becomes the sole mutawalli H 721 722 SUPREME COURT REPORTS [2019] 12 S.C.R. A of the waqf property. In a case where there are more than two joint mutawallis, after the death of one of the mutawall…
Supreme Court of India26 Sep 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.
6,061–6,080 · Page 304 of 500
Supreme Court of India26 Sep 2019Full text
2019 INSC 1087 · [2019] 12 S.C.R. 721
Allowing the appeal, the Court HELD: 1.1 Ordinarily, upon the death of one of the joint mutawallis, the surviving mutawalli becomes the sole mutawalli H 721 722 SUPREME COURT REPORTS [2019] 12 S.C.R. A of the waqf property. In a case where there are more than two joint mutawallis, after the death of one of the mutawall…
Supreme Court of India26 Sep 2019Full text
2019 INSC 1086 · [2019] 12 S.C.R. 711
711 712 SUPREME COURT REPORTS [2019] 12 S.C.R. A law – Also, reading and interpreting the term ‘putro poutradi krome’ lends support to the view that it means son and grandson, generation after generation and therefore does not include any female descendants – Here, given that ‘NK’ was the wife of the last Mutawalli and…
Supreme Court of India25 Sep 2019Full text
2019 INSC 1083 · [2019] 15 S.C.R. 662
662 SUPREME COURT[2019]REPORTS15 S.C.R. 662 [2019] 15 S.C.R. A UNION OF INDIA & ORS. v. LT. COL. KULDEEP YADAV (Civil Appeal No.7603 of 2019) B SEPTEMBER 25, 2019 [A. M. KHANWILKAR AND AJAY RASTOGI, JJ.] Service Law – Censure – Respondent was commissioned in the Army Corps of Electronics and Mechanical Engineering (EME…
Supreme Court of India25 Sep 2019Full text
2019 INSC 1081 · [2019] 12 S.C.R. 669
minority seats be filled with unreserved meritorious students, only ensured that vacant seats were not wasted – Thus, the G.Os. do not impose any fetters on the freedom of the minority institutions to profess, propagate and practice their religion or the right to establish and administer their educational institution a…
Supreme Court of India25 Sep 2019Full text
2019 INSC 1080 · [2019] 12 S.C.R. 678
– On appeal, held: Trigger point for the purpose of limitation for G filing of a winding up petition would be the date of default in payment of the debt – Though it is clear that a winding up proceeding is a proceeding ‘in rem’ and not a recovery proceeding, the trigger of limitation for the winding up petition would b…
Supreme Court of India29 Jan 2019Full text
2019 INSC 108 · [2019] 1 S.C.R. 682
2.4 Reliance on Section 441(2) of the Companies Act, 1956 C is misplaced for yet another reason. Section 441(2) has to be read with Section 441(1), and so read, makes it clear that it became necessary to enact sub-section (2), because a petition for voluntary winding up of a company presente…
Supreme Court of India24 Sep 2019Full text
2019 INSC 1077 · [2019] 15 S.C.R. 223
223 224 SUPREME COURT REPORTS [2019] 15 S.C.R. A with law – Thus, Section 102 is not a general provision which enables and authorises the police officer to seize immovable property for being able to be produced in the criminal court during trial – This, however, would not bar or prohibit the police officer from seizing…
Supreme Court of India24 Sep 2019Full text
2019 INSC 1075 · [2019] 15 S.C.R. 651
Allowing the appeal, the Court HELD: 1.1 The question of payment of conversion fees Farises only when a decision is taken to grant a Sanad. Therefore, the relevant date for fixing the conversion charges will be the date on which the decision is taken to grant the Sanad. In the instant case, that date appears to be 19.0…
Supreme Court of India24 Sep 2019Full text
2019 INSC 1074 · [2019] 12 S.C.R. 255
Rent Controller as upheld by the High Court, striking out defence of the tenant has not been exercised judiciously and with circumspection and thus, is unsustainable and set aside. Allowing the appeal, the Court HELD: 1.1 In Section 13(5) of Delhi and Ajmer Rent F Control Act, 1952 the language was that on the failure …
Supreme Court of India23 Sep 2019Full text
2019 INSC 1070 · [2019] 13 S.C.R. 152
152 SUPREME COURT[2019]REPORTS13 S.C.R. 152 [2019] 13 S.C.R. A GOVINDBHAI CHHOTABHAI PATEL & ORS. v. PATEL RAMANBHAI MATHURBHAI (Civil Appeal No. 7528 of 2019) B SEPTEMBER 23, 2019 [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Hindu Law – Self-acquired property bequeathed by the father in favour of the son – Nature of such …
Supreme Court of India29 Jan 2019Full text
2019 INSC 107 · [2019] 2 S.C.R. 535
Rajasthan Premises (Control of Rent and Eviction) Act, 1950 – s.6 – Rajasthan Rent Control Act, 2001 – s.6 – Held: A comparison of scheme of s.6 as it existed in Act, 1950 and s.6 as it brought D under Act, 2001 makes it clear that although the tenant under the old Act was entitled to apply for fixation of standard ren…
Supreme Court of India23 Sep 2019Full text
2019 INSC 1068 · [2019] 15 S.C.R. 637
Civil Procedure, 1908 – s.151 – High Court of Karnataka Arbitration (Proceedings before the Courts) Rules, 2001 – r.4(b) – Constitution of India – Arts. 226 and 227 – Arbitration and Conciliation (Amendment) Act, 2019. Arbitration and Conciliation Act, 1996 – s.34(5), (6) – Held: C By adding sub-ss.(5) & (6) to s.34, t…
Supreme Court of India23 Sep 2019Full text
2019 INSC 1067 · [2019] 13 S.C.R. 177
[Para 40][216-C-F] 2. It is well established that no Civil Court can interdict the action initiated in respect of any matter, which a Debt Recovery Tribunal or Debt Recovery Appellate Tribunal is empowere…
Supreme Court of India20 Sep 2019Full text
2019 INSC 1064 · [2019] 13 S.C.R. 115
Allowing the appeals, the Court G HELD: 1. On perusal of the four red ink entries and the nature of allegations and the charge on the basis of which four red entries were awarded to the appellant. It appears that, out of four red ink entries, two entries pertain to 3.3.1994 and one entry H 115 116 SUPREME COURT REPORTS…
Supreme Court of India20 Sep 2019Full text
2019 INSC 1063 · [2019] 13 S.C.R. 122
423 (a), (b) and (d) – Army Act, 1950 – ss.3(i), 9 – Pension Regulations for Army, 1961 – Regulation 173 – Pension Regulations for the Army, 2008 – Armed Forces. Leave Rules for the Services, Volume-I (Army) – rr.10, 11(a) – Held: When Armed Forces personnel is availing casual leave or C annual leave, is to be treated …
Supreme Court of India19 Sep 2019Full text
2019 INSC 1060 · [2019] 12 S.C.R. 661
UNION OF INDIA & ORS. respondent no.4 to the offer very fairly made before this Court. A [Para 20] [668-D-E] 63 Moons Technologies Ltd. (Formerly known as Financial Technologies India Ltd.) & Ors. v. Union of India & Ors. (2019) 7 SCALE 50 – relied on. B Michigan Rubber (India) Ltd. v. State of Karnataka & Ors. (2012) …
Supreme Court of India29 Jan 2019Full text
2019 INSC 106 · [2019] 1 S.C.R. 707
Allowing the appeals, the Court D HELD: 1. In the Statutory Scheme of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990, there is no provision, which prohibits passing an order by an officer lower than the rank of District Magistrate, rather under Section 13, there is no limitation on the State Government while special…
Supreme Court of India19 Sep 2019Full text
2019 INSC 1058 · [2019] 13 S.C.R. 670
Dismissing the appeal, the Court C HELD: 1. The proposition of law that when the document of transfer by gift records delivery of possession, a presumption of acceptance would arise, in the absence of overt repudiation of the gift, by and/or on behalf of the donee, is unexceptionable. As held by the High Court, when th…
Supreme Court of India19 Sep 2019Full text
2019 INSC 1056 · [2019] 13 S.C.R. 1
[2019] 13 S.C.R. 1 1 SMT. GARGI A v. STATE OF HARYANA (Criminal Appeal No. 1046 of 2010) SEPTEMBER 19, 2019 B [A. M. KHANWILKAR AND DINESH MAHESHWARI, JJ.] Penal Code, 1860 – s.302 – Conviction under – Prosecution case was that appellant had killed her husband by strangulation and with the help of co-accused persons (h…
Supreme Court of India19 Sep 2019Full text
2019 INSC 1055 · [2019] 12 S.C.R. 270
– Scientific research conducted by Experts in the field has found that the consumption of pan masala with tobacco as well as pan masala sans tobacco is hazardous to health – It was further found that the percentage of teenagers consuming the hazardous product G was very high and as such exposing large chunk of young po…
Also on Law on Tips: Bare Acts · Legal news and analysis
2019 INSC 1086 · [2019] 12 S.C.R. 711
711 712 SUPREME COURT REPORTS [2019] 12 S.C.R. A law – Also, reading and interpreting the term ‘putro poutradi krome’ lends support to the view that it means son and grandson, generation after generation and therefore does not include any female descendants – Here, given that ‘NK’ was the wife of the last Mutawalli and…
Supreme Court of India25 Sep 2019Full text
2019 INSC 1083 · [2019] 15 S.C.R. 662
662 SUPREME COURT[2019]REPORTS15 S.C.R. 662 [2019] 15 S.C.R. A UNION OF INDIA & ORS. v. LT. COL. KULDEEP YADAV (Civil Appeal No.7603 of 2019) B SEPTEMBER 25, 2019 [A. M. KHANWILKAR AND AJAY RASTOGI, JJ.] Service Law – Censure – Respondent was commissioned in the Army Corps of Electronics and Mechanical Engineering (EME…
Supreme Court of India25 Sep 2019Full text
2019 INSC 1081 · [2019] 12 S.C.R. 669
minority seats be filled with unreserved meritorious students, only ensured that vacant seats were not wasted – Thus, the G.Os. do not impose any fetters on the freedom of the minority institutions to profess, propagate and practice their religion or the right to establish and administer their educational institution a…
Supreme Court of India25 Sep 2019Full text
2019 INSC 1080 · [2019] 12 S.C.R. 678
– On appeal, held: Trigger point for the purpose of limitation for G filing of a winding up petition would be the date of default in payment of the debt – Though it is clear that a winding up proceeding is a proceeding ‘in rem’ and not a recovery proceeding, the trigger of limitation for the winding up petition would b…
Supreme Court of India29 Jan 2019Full text
2019 INSC 108 · [2019] 1 S.C.R. 682
2.4 Reliance on Section 441(2) of the Companies Act, 1956 C is misplaced for yet another reason. Section 441(2) has to be read with Section 441(1), and so read, makes it clear that it became necessary to enact sub-section (2), because a petition for voluntary winding up of a company presente…
Supreme Court of India24 Sep 2019Full text
2019 INSC 1077 · [2019] 15 S.C.R. 223
223 224 SUPREME COURT REPORTS [2019] 15 S.C.R. A with law – Thus, Section 102 is not a general provision which enables and authorises the police officer to seize immovable property for being able to be produced in the criminal court during trial – This, however, would not bar or prohibit the police officer from seizing…
Supreme Court of India24 Sep 2019Full text
2019 INSC 1075 · [2019] 15 S.C.R. 651
Allowing the appeal, the Court HELD: 1.1 The question of payment of conversion fees Farises only when a decision is taken to grant a Sanad. Therefore, the relevant date for fixing the conversion charges will be the date on which the decision is taken to grant the Sanad. In the instant case, that date appears to be 19.0…
Supreme Court of India24 Sep 2019Full text
2019 INSC 1074 · [2019] 12 S.C.R. 255
Rent Controller as upheld by the High Court, striking out defence of the tenant has not been exercised judiciously and with circumspection and thus, is unsustainable and set aside. Allowing the appeal, the Court HELD: 1.1 In Section 13(5) of Delhi and Ajmer Rent F Control Act, 1952 the language was that on the failure …
Supreme Court of India23 Sep 2019Full text
2019 INSC 1070 · [2019] 13 S.C.R. 152
152 SUPREME COURT[2019]REPORTS13 S.C.R. 152 [2019] 13 S.C.R. A GOVINDBHAI CHHOTABHAI PATEL & ORS. v. PATEL RAMANBHAI MATHURBHAI (Civil Appeal No. 7528 of 2019) B SEPTEMBER 23, 2019 [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Hindu Law – Self-acquired property bequeathed by the father in favour of the son – Nature of such …
Supreme Court of India29 Jan 2019Full text
2019 INSC 107 · [2019] 2 S.C.R. 535
Rajasthan Premises (Control of Rent and Eviction) Act, 1950 – s.6 – Rajasthan Rent Control Act, 2001 – s.6 – Held: A comparison of scheme of s.6 as it existed in Act, 1950 and s.6 as it brought D under Act, 2001 makes it clear that although the tenant under the old Act was entitled to apply for fixation of standard ren…
Supreme Court of India23 Sep 2019Full text
2019 INSC 1068 · [2019] 15 S.C.R. 637
Civil Procedure, 1908 – s.151 – High Court of Karnataka Arbitration (Proceedings before the Courts) Rules, 2001 – r.4(b) – Constitution of India – Arts. 226 and 227 – Arbitration and Conciliation (Amendment) Act, 2019. Arbitration and Conciliation Act, 1996 – s.34(5), (6) – Held: C By adding sub-ss.(5) & (6) to s.34, t…
Supreme Court of India23 Sep 2019Full text
2019 INSC 1067 · [2019] 13 S.C.R. 177
[Para 40][216-C-F] 2. It is well established that no Civil Court can interdict the action initiated in respect of any matter, which a Debt Recovery Tribunal or Debt Recovery Appellate Tribunal is empowere…
Supreme Court of India20 Sep 2019Full text
2019 INSC 1064 · [2019] 13 S.C.R. 115
Allowing the appeals, the Court G HELD: 1. On perusal of the four red ink entries and the nature of allegations and the charge on the basis of which four red entries were awarded to the appellant. It appears that, out of four red ink entries, two entries pertain to 3.3.1994 and one entry H 115 116 SUPREME COURT REPORTS…
Supreme Court of India20 Sep 2019Full text
2019 INSC 1063 · [2019] 13 S.C.R. 122
423 (a), (b) and (d) – Army Act, 1950 – ss.3(i), 9 – Pension Regulations for Army, 1961 – Regulation 173 – Pension Regulations for the Army, 2008 – Armed Forces. Leave Rules for the Services, Volume-I (Army) – rr.10, 11(a) – Held: When Armed Forces personnel is availing casual leave or C annual leave, is to be treated …
Supreme Court of India19 Sep 2019Full text
2019 INSC 1060 · [2019] 12 S.C.R. 661
UNION OF INDIA & ORS. respondent no.4 to the offer very fairly made before this Court. A [Para 20] [668-D-E] 63 Moons Technologies Ltd. (Formerly known as Financial Technologies India Ltd.) & Ors. v. Union of India & Ors. (2019) 7 SCALE 50 – relied on. B Michigan Rubber (India) Ltd. v. State of Karnataka & Ors. (2012) …
Supreme Court of India29 Jan 2019Full text
2019 INSC 106 · [2019] 1 S.C.R. 707
Allowing the appeals, the Court D HELD: 1. In the Statutory Scheme of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990, there is no provision, which prohibits passing an order by an officer lower than the rank of District Magistrate, rather under Section 13, there is no limitation on the State Government while special…
Supreme Court of India19 Sep 2019Full text
2019 INSC 1058 · [2019] 13 S.C.R. 670
Dismissing the appeal, the Court C HELD: 1. The proposition of law that when the document of transfer by gift records delivery of possession, a presumption of acceptance would arise, in the absence of overt repudiation of the gift, by and/or on behalf of the donee, is unexceptionable. As held by the High Court, when th…
Supreme Court of India19 Sep 2019Full text
2019 INSC 1056 · [2019] 13 S.C.R. 1
[2019] 13 S.C.R. 1 1 SMT. GARGI A v. STATE OF HARYANA (Criminal Appeal No. 1046 of 2010) SEPTEMBER 19, 2019 B [A. M. KHANWILKAR AND DINESH MAHESHWARI, JJ.] Penal Code, 1860 – s.302 – Conviction under – Prosecution case was that appellant had killed her husband by strangulation and with the help of co-accused persons (h…
Supreme Court of India19 Sep 2019Full text
2019 INSC 1055 · [2019] 12 S.C.R. 270
– Scientific research conducted by Experts in the field has found that the consumption of pan masala with tobacco as well as pan masala sans tobacco is hazardous to health – It was further found that the percentage of teenagers consuming the hazardous product G was very high and as such exposing large chunk of young po…
Also on Law on Tips: Bare Acts · Legal news and analysis