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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.
6,101–6,120 · Page 306 of 500
Supreme Court of India13 Sep 2019Full text
2019 INSC 1029 · [2019] 12 S.C.R. 390
390 SUPREME COURT[2019]REPORTS12 S.C.R. 390 [2019] 12 S.C.R. A JOSE PAULO COUTINHO v. MARIA LUIZAVALENTINA PEREIRA & ANR. (Civil Appeal No. 7378 of 2010) B SEPTEMBER 13, 2019 [DEEPAK GUPTA AND ANIRUDDHA BOSE, JJ] Portuguese Civil Code, 1867: Whether Portuguese Civil Code, a foreign law – Applicability C of principles o…
Supreme Court of India12 Sep 2019Full text
2019 INSC 1026 · [2019] 12 S.C.R. 373
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.
6,101–6,120 · Page 306 of 500
Supreme Court of India13 Sep 2019Full text
2019 INSC 1029 · [2019] 12 S.C.R. 390
390 SUPREME COURT[2019]REPORTS12 S.C.R. 390 [2019] 12 S.C.R. A JOSE PAULO COUTINHO v. MARIA LUIZAVALENTINA PEREIRA & ANR. (Civil Appeal No. 7378 of 2010) B SEPTEMBER 13, 2019 [DEEPAK GUPTA AND ANIRUDDHA BOSE, JJ] Portuguese Civil Code, 1867: Whether Portuguese Civil Code, a foreign law – Applicability C of principles o…
Supreme Court of India12 Sep 2019Full text
2019 INSC 1026 · [2019] 12 S.C.R. 373
direction to appoint the respondent to the post of Teacher Grade III (Level I) with all consequential benefits – Dismissed– Division Bench allowed the writ petition holding that the proviso to r.266(3) remained intact despite the substitution of r.266(3) by Notification dtd. 11.5.11 – On appeal, held: Proviso was intro…
Supreme Court of India12 Sep 2019Full text
2019 INSC 1023 · [2019] 12 S.C.R. 166
Disposing of the appeal, the Court C HELD: 1.1 The High Court gravely erred in holding that defendant nos. 1 and 2 could maintain an appeal challenging the finding of the trial court that defendant no. 3 was not the owner of the property when defendant no. 3 himself had not challenged this. Defendant nos. 1 and 2 only …
Supreme Court of India12 Sep 2019Full text
2019 INSC 1021 · [2019] 12 S.C.R. 146
parent establishment – Said order upheld by the Appellate tribunal as also Single Judge and the Division Bench of the High Court – On appeal, held: Findings qua all the three establishment satisfy the functional integrality and the general unity of purpose test, and the same are met in the facts of the instant case – T…
Supreme Court of India12 Sep 2019Full text
2019 INSC 1020 · [2019] 12 S.C.R. 293
G Writ: Writ of Certiorari – Nature and scope of – Held: Jurisdiction to issue writ of certiorari is supervisory and not appellate – It is intended to correct jurisdictional excesses – An erroneous decision H 293 294 SUPREME COURT REPORTS [2019] 12 S.C.R. A in respect of a matter which falls within the authority of the…
Supreme Court of India29 Jan 2019Full text
2019 INSC 102 · [2019] 2 S.C.R. 551
FERA – Proper appellate authority for deciding – Special Director (Appeals) u/s.17 of 1999 Act-FEMA (that replaced FERA) or Appellate Tribunal u/s.19 of FEMA – On 01.05.1991 show cause notice issued by the Special Director to respondent no.2 and its two directors, respondent nos.3 and 4 for allegedly contravening provi…
Supreme Court of India11 Sep 2019Full text
2019 INSC 1018 · [2019] 12 S.C.R. 220
– The contention raised on behalf of the applicant was that since the three-Judge Bench in Para 84 of the judgment in *NOIDA Park E case observed that EIA Notification dated 14.09.2006 called for a closer second look by the authorities concerned especially in respect of the projects/activities falling within the ambit …
Supreme Court of India11 Sep 2019Full text
2019 INSC 1017 · [2019] 12 S.C.R. 352
is not entitled for the possession of the secured asset for more than one year from the date of execution of unregistered tenancy agreement – On appeal, held: Claim of bona fide tenancy of the tenant cannot be accepted, as there is no good or sufficient evidence to establish the tenancy – Records do not demonstrate tha…
Supreme Court of India11 Sep 2019Full text
2019 INSC 1016 · [2019] 12 S.C.R. 137
Allowing the appeals, the Court HELD:1. The first issue is whether the promises were reciprocal promises or promises independent of each other. There can be no hard and fast rule and the issue whether promises are C reciprocal or not has to be determined in the peculiar facts of each case. As far as the present case is…
Supreme Court of India11 Sep 2019Full text
2019 INSC 1015 · [2019] 12 S.C.R. 112
H 112 RAJA RAM v. JAI PRAKASH SINGH AND OTHERS 113 Dismissing the appeal, the Court A HELD: 1.1 The deceased undisputedly was over 80 years and above in age. The plaintiff pleaded that by reason of age and sickness, the deceased was unable to move and walk, with deteriorated eye sight due to cataract. The mental capaci…
Supreme Court of India6 Sep 2019Full text
2019 INSC 1012 · [2019] 12 S.C.R. 81
[2019] 12 S.C.R. 81 81 K. SREEDHAR RAO A v. UNION OF INDIA THROUGH SECRETARY, MINISTRY OF LAW & JUSTICE, NEW DELHI (Writ Petition (C ) No. 300 of 2016) B SEPTEMBER 06, 2019 [ARUN MISHRA, M. R. SHAH AND B. R. GAVAI, JJ.] High Court Judges (Salaries and Conditions of Service) Act, 1954 – rr. 2 and 7 of Part-I of First Sc…
Supreme Court of India6 Sep 2019Full text
2019 INSC 1011 · [2019] 12 S.C.R. 95
[2019] 12 S.C.R. 95 95 M/S AVINASH HITECH CITY 2 SOCIETY & ORS. A v. BODDU MANIKYA MALINI & ANR. ETC. (Civil Appeal Nos. 7047-7049 of 2019) SEPTEMBER 06, 2019 B [ARUN MISHRA AND M. R. SHAH, JJ.] Arbitration and conciliation Act, 1996 – s. 8 – The original land-owners executed 17 development agreements cum power of atto…
Supreme Court of India29 Jan 2019Full text
2019 INSC 101 · [2019] 1 S.C.R. 671
possession means possession which has existed for a sufficiently long period of time, and has been acquiesced to by the true owner – Settled possession must be effective, undisturbed and to the knowledge of the owner or without any attempt at concealment by the trespasser – The possession should contain an element of a…
Supreme Court of India5 Sep 2019Full text
2019 INSC 1009 · [2019] 12 S.C.R. 343
plea was wholly unfounded, particularly since out of the candidates in the Sports (Individual) category, the Appellant admittedly scored the lowest marks – Respondent No. 1 had secured 57 marks, while Respondent No. 5 had secured 53 marks – Appellant did not disclose in the Writ Petition, that if the relief prayed for …
Supreme Court of India5 Sep 2019Full text
2019 INSC 1008 · [2019] 12 S.C.R. 123
United India Insurance Company Limited v. Antique Art Exports Private Limited (2019) 5 SCC 362 – overruled. F Duro Felguera, S.A. v. Gangavaram Port Limited, (2017) 9 SCC 729 : [2017] 10 SCR 285; SBP & Co. v. Patel Engineering Ltd. and Anr. (2005) 8 SCC 618 : [2005] 4 Suppl. SCR 688; ONGC Mangalore Petrochemicals Limit…
Supreme Court of India5 Sep 2019Full text
2019 INSC 1007 · [2019] 12 S.C.R. 30
30 SUPREME COURT[2019]REPORTS12 S.C.R. 30 [2019] 12 S.C.R. A DR. ASHWANI KUMAR v. UNION OF INDIA AND ANOTHER (Miscellaneous Application No. 2560 of 2018) B In (Writ Petition (Civil) No. 738 of 2016) SEPTEMBER 05, 2019 [RANJAN GOGOI, CJI, DINESH MAHESHWARI AND C SANJIV KHANNA, JJ.] Custodial Torture: Writ petition filed…
Supreme Court of India5 Sep 2019Full text
2019 INSC 1004 · [2019] 12 S.C.R. 618
classification of goods or whether the goods were covered by exemption notification - In all other cases appeal would lie before High Court - The question to be determined in the present appeal was neither related to rate of duty nor to valuation of goods nor classification of goods nor coverage under the exemption E n…
Supreme Court of India4 Sep 2019Full text
2019 INSC 1002 · [2019] 12 S.C.R. 460
460 RASHID RAZA v. SADAF AKHTAR 461 Shivam Singh, Animesh Kumar, Neeraj Shekhar, Shadab Eqbal, A Sumit Kumar, Ms. Ekta Bharati, Murari Kumar, Advs. for the Appellant. Shree Prakash Sinha, Rishi Pallav, Rakesh Mishra, Ms. Marina Wheeler, Ms. Mohua Sinha, Shekhar Kumar, Advs. for the Respondent. The Judgment of the Court…
Supreme Court of India4 Sep 2019Full text
2019 INSC 1001 · [2019] 11 S.C.R. 1180
Partly allowing the appeals, the Court B HELD: 1.1 The Act is a special Act vis-à-vis IPC. Section 51 of the Legal Metrology Act, 2009 provides that the provisions of IPC and of Section 153 of Cr.P.C. insofar as such provisions relate to offences with regard to weight and measures only shall not apply to any offence wh…
Supreme Court of India4 Sep 2019Full text
2019 INSC 1000 · [2019] 11 S.C.R. 1137
[2019] 11 S.C.R. 1137 1137 JAGBIR SINGH A v. STATE (N.C.T. OF DELHI) (Criminal Appeal No. 967 of 2015) B SEPTEMBER 04, 2019 [SANJAY KISHAN KAUL AND K. M. JOSEPH, JJ.] Penal Code, 1860: ss. 302 and 506 - Prosecution under - Alleging that the C accused killed his wife setting her ablaze after pouring kerosene oil over he…
Also on Law on Tips: Bare Acts · Legal news and analysis
direction to appoint the respondent to the post of Teacher Grade III (Level I) with all consequential benefits – Dismissed– Division Bench allowed the writ petition holding that the proviso to r.266(3) remained intact despite the substitution of r.266(3) by Notification dtd. 11.5.11 – On appeal, held: Proviso was intro…
Supreme Court of India12 Sep 2019Full text
2019 INSC 1023 · [2019] 12 S.C.R. 166
Disposing of the appeal, the Court C HELD: 1.1 The High Court gravely erred in holding that defendant nos. 1 and 2 could maintain an appeal challenging the finding of the trial court that defendant no. 3 was not the owner of the property when defendant no. 3 himself had not challenged this. Defendant nos. 1 and 2 only …
Supreme Court of India12 Sep 2019Full text
2019 INSC 1021 · [2019] 12 S.C.R. 146
parent establishment – Said order upheld by the Appellate tribunal as also Single Judge and the Division Bench of the High Court – On appeal, held: Findings qua all the three establishment satisfy the functional integrality and the general unity of purpose test, and the same are met in the facts of the instant case – T…
Supreme Court of India12 Sep 2019Full text
2019 INSC 1020 · [2019] 12 S.C.R. 293
G Writ: Writ of Certiorari – Nature and scope of – Held: Jurisdiction to issue writ of certiorari is supervisory and not appellate – It is intended to correct jurisdictional excesses – An erroneous decision H 293 294 SUPREME COURT REPORTS [2019] 12 S.C.R. A in respect of a matter which falls within the authority of the…
Supreme Court of India29 Jan 2019Full text
2019 INSC 102 · [2019] 2 S.C.R. 551
FERA – Proper appellate authority for deciding – Special Director (Appeals) u/s.17 of 1999 Act-FEMA (that replaced FERA) or Appellate Tribunal u/s.19 of FEMA – On 01.05.1991 show cause notice issued by the Special Director to respondent no.2 and its two directors, respondent nos.3 and 4 for allegedly contravening provi…
Supreme Court of India11 Sep 2019Full text
2019 INSC 1018 · [2019] 12 S.C.R. 220
– The contention raised on behalf of the applicant was that since the three-Judge Bench in Para 84 of the judgment in *NOIDA Park E case observed that EIA Notification dated 14.09.2006 called for a closer second look by the authorities concerned especially in respect of the projects/activities falling within the ambit …
Supreme Court of India11 Sep 2019Full text
2019 INSC 1017 · [2019] 12 S.C.R. 352
is not entitled for the possession of the secured asset for more than one year from the date of execution of unregistered tenancy agreement – On appeal, held: Claim of bona fide tenancy of the tenant cannot be accepted, as there is no good or sufficient evidence to establish the tenancy – Records do not demonstrate tha…
Supreme Court of India11 Sep 2019Full text
2019 INSC 1016 · [2019] 12 S.C.R. 137
Allowing the appeals, the Court HELD:1. The first issue is whether the promises were reciprocal promises or promises independent of each other. There can be no hard and fast rule and the issue whether promises are C reciprocal or not has to be determined in the peculiar facts of each case. As far as the present case is…
Supreme Court of India11 Sep 2019Full text
2019 INSC 1015 · [2019] 12 S.C.R. 112
H 112 RAJA RAM v. JAI PRAKASH SINGH AND OTHERS 113 Dismissing the appeal, the Court A HELD: 1.1 The deceased undisputedly was over 80 years and above in age. The plaintiff pleaded that by reason of age and sickness, the deceased was unable to move and walk, with deteriorated eye sight due to cataract. The mental capaci…
Supreme Court of India6 Sep 2019Full text
2019 INSC 1012 · [2019] 12 S.C.R. 81
[2019] 12 S.C.R. 81 81 K. SREEDHAR RAO A v. UNION OF INDIA THROUGH SECRETARY, MINISTRY OF LAW & JUSTICE, NEW DELHI (Writ Petition (C ) No. 300 of 2016) B SEPTEMBER 06, 2019 [ARUN MISHRA, M. R. SHAH AND B. R. GAVAI, JJ.] High Court Judges (Salaries and Conditions of Service) Act, 1954 – rr. 2 and 7 of Part-I of First Sc…
Supreme Court of India6 Sep 2019Full text
2019 INSC 1011 · [2019] 12 S.C.R. 95
[2019] 12 S.C.R. 95 95 M/S AVINASH HITECH CITY 2 SOCIETY & ORS. A v. BODDU MANIKYA MALINI & ANR. ETC. (Civil Appeal Nos. 7047-7049 of 2019) SEPTEMBER 06, 2019 B [ARUN MISHRA AND M. R. SHAH, JJ.] Arbitration and conciliation Act, 1996 – s. 8 – The original land-owners executed 17 development agreements cum power of atto…
Supreme Court of India29 Jan 2019Full text
2019 INSC 101 · [2019] 1 S.C.R. 671
possession means possession which has existed for a sufficiently long period of time, and has been acquiesced to by the true owner – Settled possession must be effective, undisturbed and to the knowledge of the owner or without any attempt at concealment by the trespasser – The possession should contain an element of a…
Supreme Court of India5 Sep 2019Full text
2019 INSC 1009 · [2019] 12 S.C.R. 343
plea was wholly unfounded, particularly since out of the candidates in the Sports (Individual) category, the Appellant admittedly scored the lowest marks – Respondent No. 1 had secured 57 marks, while Respondent No. 5 had secured 53 marks – Appellant did not disclose in the Writ Petition, that if the relief prayed for …
Supreme Court of India5 Sep 2019Full text
2019 INSC 1008 · [2019] 12 S.C.R. 123
United India Insurance Company Limited v. Antique Art Exports Private Limited (2019) 5 SCC 362 – overruled. F Duro Felguera, S.A. v. Gangavaram Port Limited, (2017) 9 SCC 729 : [2017] 10 SCR 285; SBP & Co. v. Patel Engineering Ltd. and Anr. (2005) 8 SCC 618 : [2005] 4 Suppl. SCR 688; ONGC Mangalore Petrochemicals Limit…
Supreme Court of India5 Sep 2019Full text
2019 INSC 1007 · [2019] 12 S.C.R. 30
30 SUPREME COURT[2019]REPORTS12 S.C.R. 30 [2019] 12 S.C.R. A DR. ASHWANI KUMAR v. UNION OF INDIA AND ANOTHER (Miscellaneous Application No. 2560 of 2018) B In (Writ Petition (Civil) No. 738 of 2016) SEPTEMBER 05, 2019 [RANJAN GOGOI, CJI, DINESH MAHESHWARI AND C SANJIV KHANNA, JJ.] Custodial Torture: Writ petition filed…
Supreme Court of India5 Sep 2019Full text
2019 INSC 1004 · [2019] 12 S.C.R. 618
classification of goods or whether the goods were covered by exemption notification - In all other cases appeal would lie before High Court - The question to be determined in the present appeal was neither related to rate of duty nor to valuation of goods nor classification of goods nor coverage under the exemption E n…
Supreme Court of India4 Sep 2019Full text
2019 INSC 1002 · [2019] 12 S.C.R. 460
460 RASHID RAZA v. SADAF AKHTAR 461 Shivam Singh, Animesh Kumar, Neeraj Shekhar, Shadab Eqbal, A Sumit Kumar, Ms. Ekta Bharati, Murari Kumar, Advs. for the Appellant. Shree Prakash Sinha, Rishi Pallav, Rakesh Mishra, Ms. Marina Wheeler, Ms. Mohua Sinha, Shekhar Kumar, Advs. for the Respondent. The Judgment of the Court…
Supreme Court of India4 Sep 2019Full text
2019 INSC 1001 · [2019] 11 S.C.R. 1180
Partly allowing the appeals, the Court B HELD: 1.1 The Act is a special Act vis-à-vis IPC. Section 51 of the Legal Metrology Act, 2009 provides that the provisions of IPC and of Section 153 of Cr.P.C. insofar as such provisions relate to offences with regard to weight and measures only shall not apply to any offence wh…
Supreme Court of India4 Sep 2019Full text
2019 INSC 1000 · [2019] 11 S.C.R. 1137
[2019] 11 S.C.R. 1137 1137 JAGBIR SINGH A v. STATE (N.C.T. OF DELHI) (Criminal Appeal No. 967 of 2015) B SEPTEMBER 04, 2019 [SANJAY KISHAN KAUL AND K. M. JOSEPH, JJ.] Penal Code, 1860: ss. 302 and 506 - Prosecution under - Alleging that the C accused killed his wife setting her ablaze after pouring kerosene oil over he…
Also on Law on Tips: Bare Acts · Legal news and analysis