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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.
6,441–6,460 · Page 323 of 500
Supreme Court of India17 May 2018Full text
2018 INSC 528 · [2018] 6 S.C.R. 1139
[2018] 6 S.C.R. 1139 1139 THE KERALA ASSISTANT PUBLIC PROSECUTORS A ASSOCIATION v. THE STATE OF KERALA AND ORS. (Civil Appeal No. 3792 of 2010) B MAY 17, 2018 [DIPAK MISRA, CJI, A. M. KHANWILKAR AND DR. D. Y. CHANDRACHUD, JJ.] Service Law – Appellant-association claimed for grant of parity to Assistant Public Prosecuto…
Supreme Court of India16 May 2018Full 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.
6,441–6,460 · Page 323 of 500
Supreme Court of India17 May 2018Full text
2018 INSC 528 · [2018] 6 S.C.R. 1139
[2018] 6 S.C.R. 1139 1139 THE KERALA ASSISTANT PUBLIC PROSECUTORS A ASSOCIATION v. THE STATE OF KERALA AND ORS. (Civil Appeal No. 3792 of 2010) B MAY 17, 2018 [DIPAK MISRA, CJI, A. M. KHANWILKAR AND DR. D. Y. CHANDRACHUD, JJ.] Service Law – Appellant-association claimed for grant of parity to Assistant Public Prosecuto…
Supreme Court of India16 May 2018Full text
2018 INSC 526 · [2018] 5 S.C.R. 469
Indian Overseas Bank and Another v. C.R. D Chandrasekaran etc. decided by Supreme Court in Civil Appeal Nos. 8420-8421 of 2013 on 01.02.2017 – referred to. CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 3762-3764 of 2014. E From the Judgment and Order dated 09.10.2013 of the High Court of Madras in Writ Appeal Nos. 11…
Supreme Court of India16 May 2018Full text
2018 INSC 525 · [2018] 5 S.C.R. 747
[2018] 5 S.C.R. 747 747 KERALA STATE ROAD TRANSPORT CORPORATION A v. BABY P. P. & ORS. (Civil Appeal No. 5257 of 2018) MAY 16, 2018 B [KURIAN JOSEPH, MOHAN M. SHANTANAGOUDAR AND NAVIN SINHA, JJ.] Motor Vehicles Act, 1988 – Chapter VI – ss.99, 100, 103 and s.104 and its Proviso – Road Transport Service – Grant of tempor…
Supreme Court of India16 May 2018Full text
2018 INSC 522 · [2018] 5 S.C.R. 436
Allowing the appeals and dismissing writ petition, the Court G HELD: 1.1 Appendix II to the Pension Regulations had categorized employees in three different segments and the dearness relief payable on basic pension in respect of employees in these three categories was on the basis of tapering formula which differed in …
Supreme Court of India16 May 2018Full text
2018 INSC 521 · [2018] 6 S.C.R. 1050
1050 SUPREME COURT[2018]REPORTS6 S.C.R. 1050 [2018] 6 S.C.R. A VINUBHAI RANCHHODBHAI PATEL v. RAJIVBHAI DUDABHAI PATEL & OTHERS (Criminal Appeal No. 1525 of 2009) B MAY 16, 2018 [J. CHELAMESWAR AND SANJAY KISHAN KAUL, JJ.] Code of Criminal Procedure, 1973 – Chapter XVII – ss.211, 212 and 213 – Defective framing of char…
Supreme Court of India23 Jan 2018Full text
2018 INSC 52 · [2018] 1 S.C.R. 609
under s.378, did not have jurisdiction to make further observations on merits as was done in this case – Moreover, it was not necessary for the High Court in the earlier order to travel beyond the issue of ascertaining whether a dismissal of complaint on the ground of delay amounted to acquittal in order to invoke the …
Supreme Court of India15 May 2018Full text
2018 INSC 518 · [2018] 6 S.C.R. 1121
after the incident – The subsequent statement of the deceased at the hospital as recorded by the I.O. was duly corroborated by the evidence of PW-9 – PWs 2 & 10 also corroborated the testimony of PW-9 and proved the attack as PWs 2 & 10 had heard the same from deceased himself – PW10 had deposed to have witnessed the s…
Supreme Court of India15 May 2018Full text
2018 INSC 517 · [2018] 6 S.C.R. 1036
1036 SUPREME COURT[2018]REPORTS6 S.C.R. 1036 [2018] 6 S.C.R. A GURMEET PAL SINGH v. STATE OF PUNJAB & ANR. (Civil Appeal No. 4853 of 2018) B MAY 15, 2018 [J. CHELAMESWAR AND SANJAY KISHAN KAUL, JJ.] Judicial Service – Punjab Superior Judicial Service Rules, 2007– r.7(3)(c) – Advertisement issued, inviting applications …
Supreme Court of India15 May 2018Full text
2018 INSC 515 · [2018] 5 S.C.R. 361
[2018] 5 S.C.R. 361 361 MANOJ KUMAR A v. STATE OF HIMACHAL PRADESH (Criminal Appeal No. 795 of 2011) MAY 15, 2018 B [N. V. RAMANA AND S. ABDUL NAZEER, JJ.] Penal Code, 1860 – ss. 304 Part-II and 302 – Prosecution case that PW-1 and ‘P’ disturbed with interference of appellants on their land had filed suit against them …
Supreme Court of India15 May 2018Full text
2018 INSC 514 · [2018] 6 S.C.R. 479
Evidence – Related witnesses – Appreciation of. B Allowing the appeals of the accused and dismissing that of the complainant, the Court HELD: 1.1 In the entire judgment of the High Court, there are only two sentences which mention the name of the second accused. There is no discussion in the judgment of the High Court …
Supreme Court of India15 May 2018Full text
2018 INSC 513 · [2018] 6 S.C.R. 510
F Allowing the appeal, the Court HELD: 1.1 An Advocate-Commissioner was appointed to measure the suit properties according to the boundaries contained in the documents filed in the suit and to locate the properties contained in the Survey numbers 990, 983-A and 988. G Right from the beginning, while filing the written …
Supreme Court of India14 May 2018Full text
2018 INSC 510 · [2018] 5 S.C.R. 785
G Regn 2(e)(i) – Insider – Connected person – Satyam scam – Mother of the Chairman, though relative, yet made off market transactions way back in 2003 – Whole time member and majority judgment of the appellate tribunal holding that mother being the close relative, thus, must be presumed that she had access to UPSI – On…
Supreme Court of India23 Jan 2018Full text
2018 INSC 51 · [2018] 1 S.C.R. 368
explain the injuries on the person of the appellants fatal to the prosecution case, cannot be accepted – It cannot be held as a matter of law or invariably a rule that whenever the accused sustained an injury in the same occurrence, the prosecution is obliged to explain the injury and on the failure of the prosecution …
Supreme Court of India11 May 2018Full text
2018 INSC 507 · [2018] 5 S.C.R. 719
H MAHESH CHANDRA VERMA v. THE STATE OF JHARKHAND 721 4. All the appellants and Judicial Officers identically A situated are entitled to the benefit of the period of service rendered as Fast Track Court Judges to be counted for their length of service in determination of their pension and retiral benefits. [Para 18] [72…
Supreme Court of India11 May 2018Full text
2018 INSC 506 · [2018] 6 S.C.R. 457
Transfer of Property Act, 1882 – s.52 – lis pendens – Doctrine of res judicata. Allowing the appeal, the Court HELD: 1.1 Sub-rule (1) of Order XXI Rule 90 makes it C clear that when any immovable property has been sold in execution of a decree, the decree-holder or the purchaser or any other person entitled to share in…
Supreme Court of India11 May 2018Full text
2018 INSC 500 · [2018] 6 S.C.R. 1099
[2018] 6 S.C.R. 1099 1099 COMMISSIONER OF CENTRAL EXCISE, INDORE A v. M/S GRASIM INDUSTRIES LTD.THROUGH ITS SECRETARY (Civil Appeal No. 3159 of 2004) MAY 11, 2018 B [RANJAN GOGOI, N. V. RAMANA, R. BANUMATHI, MOHAN M. SHANTANAGOUDAR AND S. ABDUL NAZEER, JJ.] Central Excise Act, 1944 – ss.3 and 4 – Whether s.4 of the Cen…
Supreme Court of India23 Jan 2018Full text
2018 INSC 50 · [2018] 1 S.C.R. 326
this accused is also liable to be set aside – Accused in Crl. A. No. 163 of 2018 was granted bail without taking into consideration that he was declared a proclaimed offender – His bail is also liable to be set aside – Code of Criminal Procedure, 1973 – s.439. Appeal seeking cancellation of bail and appeal challenging …
Supreme Court of India5 Jan 2018Full text
2018 INSC 5 · [2018] 1 S.C.R. 62
Allowing the appeals filed by the complainants and dismissing those filed by the accused persons, the Court HELD: 1. The inherent powers of the High Court, which are obviously not defined being inherent in its very nature, cannot G be stretched to any extent and nor can such powers be equated with the appellate powers …
Supreme Court of India11 May 2018Full text
2018 INSC 497 · [2018] 5 S.C.R. 343
[2018] 5 S.C.R. 343 343 KUMAR A v. STATE REPRESENTED BY INSPECTOR OF POLICE (Criminal Appeal No. 409 of 2017) MAY 11, 2018 B [N. V. RAMANA AND S. ABDUL NAZEER, JJ.] Penal Code, 1860: ss. 302 and 324 – Conviction by courts below – Prosecution case was that the appellant-accused and the victim-deceased had a verbal spat …
Supreme Court of India14 May 2018Full text
2018 INSC 495 · [2018] 7 S.C.R. 765
D CIVIL APPELLATE JURISDICTION: Civil Appeal No. 877 of 2018. From the Judgment and Order dated 03.03.2016 of the High Court of Jharkhand at Ranchi in W. P. (S) No. 5186 of 2014. E Amit Gupta, Ms. Mansi Kukreja (For M/s. Mitter & Mitter Co.), Advs. for the Appellants. Tapesh Kumar Singh, Mohd. Waquas, Aditya Pratap Sin…
Also on Law on Tips: Bare Acts · Legal news and analysis
2018 INSC 526 · [2018] 5 S.C.R. 469
Indian Overseas Bank and Another v. C.R. D Chandrasekaran etc. decided by Supreme Court in Civil Appeal Nos. 8420-8421 of 2013 on 01.02.2017 – referred to. CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 3762-3764 of 2014. E From the Judgment and Order dated 09.10.2013 of the High Court of Madras in Writ Appeal Nos. 11…
Supreme Court of India16 May 2018Full text
2018 INSC 525 · [2018] 5 S.C.R. 747
[2018] 5 S.C.R. 747 747 KERALA STATE ROAD TRANSPORT CORPORATION A v. BABY P. P. & ORS. (Civil Appeal No. 5257 of 2018) MAY 16, 2018 B [KURIAN JOSEPH, MOHAN M. SHANTANAGOUDAR AND NAVIN SINHA, JJ.] Motor Vehicles Act, 1988 – Chapter VI – ss.99, 100, 103 and s.104 and its Proviso – Road Transport Service – Grant of tempor…
Supreme Court of India16 May 2018Full text
2018 INSC 522 · [2018] 5 S.C.R. 436
Allowing the appeals and dismissing writ petition, the Court G HELD: 1.1 Appendix II to the Pension Regulations had categorized employees in three different segments and the dearness relief payable on basic pension in respect of employees in these three categories was on the basis of tapering formula which differed in …
Supreme Court of India16 May 2018Full text
2018 INSC 521 · [2018] 6 S.C.R. 1050
1050 SUPREME COURT[2018]REPORTS6 S.C.R. 1050 [2018] 6 S.C.R. A VINUBHAI RANCHHODBHAI PATEL v. RAJIVBHAI DUDABHAI PATEL & OTHERS (Criminal Appeal No. 1525 of 2009) B MAY 16, 2018 [J. CHELAMESWAR AND SANJAY KISHAN KAUL, JJ.] Code of Criminal Procedure, 1973 – Chapter XVII – ss.211, 212 and 213 – Defective framing of char…
Supreme Court of India23 Jan 2018Full text
2018 INSC 52 · [2018] 1 S.C.R. 609
under s.378, did not have jurisdiction to make further observations on merits as was done in this case – Moreover, it was not necessary for the High Court in the earlier order to travel beyond the issue of ascertaining whether a dismissal of complaint on the ground of delay amounted to acquittal in order to invoke the …
Supreme Court of India15 May 2018Full text
2018 INSC 518 · [2018] 6 S.C.R. 1121
after the incident – The subsequent statement of the deceased at the hospital as recorded by the I.O. was duly corroborated by the evidence of PW-9 – PWs 2 & 10 also corroborated the testimony of PW-9 and proved the attack as PWs 2 & 10 had heard the same from deceased himself – PW10 had deposed to have witnessed the s…
Supreme Court of India15 May 2018Full text
2018 INSC 517 · [2018] 6 S.C.R. 1036
1036 SUPREME COURT[2018]REPORTS6 S.C.R. 1036 [2018] 6 S.C.R. A GURMEET PAL SINGH v. STATE OF PUNJAB & ANR. (Civil Appeal No. 4853 of 2018) B MAY 15, 2018 [J. CHELAMESWAR AND SANJAY KISHAN KAUL, JJ.] Judicial Service – Punjab Superior Judicial Service Rules, 2007– r.7(3)(c) – Advertisement issued, inviting applications …
Supreme Court of India15 May 2018Full text
2018 INSC 515 · [2018] 5 S.C.R. 361
[2018] 5 S.C.R. 361 361 MANOJ KUMAR A v. STATE OF HIMACHAL PRADESH (Criminal Appeal No. 795 of 2011) MAY 15, 2018 B [N. V. RAMANA AND S. ABDUL NAZEER, JJ.] Penal Code, 1860 – ss. 304 Part-II and 302 – Prosecution case that PW-1 and ‘P’ disturbed with interference of appellants on their land had filed suit against them …
Supreme Court of India15 May 2018Full text
2018 INSC 514 · [2018] 6 S.C.R. 479
Evidence – Related witnesses – Appreciation of. B Allowing the appeals of the accused and dismissing that of the complainant, the Court HELD: 1.1 In the entire judgment of the High Court, there are only two sentences which mention the name of the second accused. There is no discussion in the judgment of the High Court …
Supreme Court of India15 May 2018Full text
2018 INSC 513 · [2018] 6 S.C.R. 510
F Allowing the appeal, the Court HELD: 1.1 An Advocate-Commissioner was appointed to measure the suit properties according to the boundaries contained in the documents filed in the suit and to locate the properties contained in the Survey numbers 990, 983-A and 988. G Right from the beginning, while filing the written …
Supreme Court of India14 May 2018Full text
2018 INSC 510 · [2018] 5 S.C.R. 785
G Regn 2(e)(i) – Insider – Connected person – Satyam scam – Mother of the Chairman, though relative, yet made off market transactions way back in 2003 – Whole time member and majority judgment of the appellate tribunal holding that mother being the close relative, thus, must be presumed that she had access to UPSI – On…
Supreme Court of India23 Jan 2018Full text
2018 INSC 51 · [2018] 1 S.C.R. 368
explain the injuries on the person of the appellants fatal to the prosecution case, cannot be accepted – It cannot be held as a matter of law or invariably a rule that whenever the accused sustained an injury in the same occurrence, the prosecution is obliged to explain the injury and on the failure of the prosecution …
Supreme Court of India11 May 2018Full text
2018 INSC 507 · [2018] 5 S.C.R. 719
H MAHESH CHANDRA VERMA v. THE STATE OF JHARKHAND 721 4. All the appellants and Judicial Officers identically A situated are entitled to the benefit of the period of service rendered as Fast Track Court Judges to be counted for their length of service in determination of their pension and retiral benefits. [Para 18] [72…
Supreme Court of India11 May 2018Full text
2018 INSC 506 · [2018] 6 S.C.R. 457
Transfer of Property Act, 1882 – s.52 – lis pendens – Doctrine of res judicata. Allowing the appeal, the Court HELD: 1.1 Sub-rule (1) of Order XXI Rule 90 makes it C clear that when any immovable property has been sold in execution of a decree, the decree-holder or the purchaser or any other person entitled to share in…
Supreme Court of India11 May 2018Full text
2018 INSC 500 · [2018] 6 S.C.R. 1099
[2018] 6 S.C.R. 1099 1099 COMMISSIONER OF CENTRAL EXCISE, INDORE A v. M/S GRASIM INDUSTRIES LTD.THROUGH ITS SECRETARY (Civil Appeal No. 3159 of 2004) MAY 11, 2018 B [RANJAN GOGOI, N. V. RAMANA, R. BANUMATHI, MOHAN M. SHANTANAGOUDAR AND S. ABDUL NAZEER, JJ.] Central Excise Act, 1944 – ss.3 and 4 – Whether s.4 of the Cen…
Supreme Court of India23 Jan 2018Full text
2018 INSC 50 · [2018] 1 S.C.R. 326
this accused is also liable to be set aside – Accused in Crl. A. No. 163 of 2018 was granted bail without taking into consideration that he was declared a proclaimed offender – His bail is also liable to be set aside – Code of Criminal Procedure, 1973 – s.439. Appeal seeking cancellation of bail and appeal challenging …
Supreme Court of India5 Jan 2018Full text
2018 INSC 5 · [2018] 1 S.C.R. 62
Allowing the appeals filed by the complainants and dismissing those filed by the accused persons, the Court HELD: 1. The inherent powers of the High Court, which are obviously not defined being inherent in its very nature, cannot G be stretched to any extent and nor can such powers be equated with the appellate powers …
Supreme Court of India11 May 2018Full text
2018 INSC 497 · [2018] 5 S.C.R. 343
[2018] 5 S.C.R. 343 343 KUMAR A v. STATE REPRESENTED BY INSPECTOR OF POLICE (Criminal Appeal No. 409 of 2017) MAY 11, 2018 B [N. V. RAMANA AND S. ABDUL NAZEER, JJ.] Penal Code, 1860: ss. 302 and 324 – Conviction by courts below – Prosecution case was that the appellant-accused and the victim-deceased had a verbal spat …
Supreme Court of India14 May 2018Full text
2018 INSC 495 · [2018] 7 S.C.R. 765
D CIVIL APPELLATE JURISDICTION: Civil Appeal No. 877 of 2018. From the Judgment and Order dated 03.03.2016 of the High Court of Jharkhand at Ranchi in W. P. (S) No. 5186 of 2014. E Amit Gupta, Ms. Mansi Kukreja (For M/s. Mitter & Mitter Co.), Advs. for the Appellants. Tapesh Kumar Singh, Mohd. Waquas, Aditya Pratap Sin…
Also on Law on Tips: Bare Acts · Legal news and analysis