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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.
6,481–6,500 · Page 325 of 500
Supreme Court of India2 May 2018Full text
2018 INSC 444 · [2018] 5 S.C.R. 671
H 671 672 SUPREME COURT REPORTS [2018] 5 S.C.R. A Allowing the appeal, the Court HELD: 1. The facts of the present case indicate that all the ingredients of Exception 4 to Section 300 of the IPC are present. The fight was sudden and not premeditated (this is the finding of both the courts) and appellant is not found to…
Supreme Court of India2 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.
6,481–6,500 · Page 325 of 500
Supreme Court of India2 May 2018Full text
2018 INSC 444 · [2018] 5 S.C.R. 671
H 671 672 SUPREME COURT REPORTS [2018] 5 S.C.R. A Allowing the appeal, the Court HELD: 1. The facts of the present case indicate that all the ingredients of Exception 4 to Section 300 of the IPC are present. The fight was sudden and not premeditated (this is the finding of both the courts) and appellant is not found to…
Supreme Court of India2 May 2018Full text
2018 INSC 442 · [2018] 4 S.C.R. 634
implemented – Temple Committee to decide the rituals, material used as also prepare/manufacture the offering material in the purest form – ASI/GSI teams to submit report and improvements made – Constitution of India – Art. 25, 26 rw Art. 49, 51A. H 634 SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 635 MANDIR COMMITTEE, U…
Supreme Court of India2 May 2018Full text
2018 INSC 441 · [2018] 5 S.C.R. 686
686 SUPREME COURT[2018]REPORTS5 S.C.R. 686 [2018] 5 S.C.R. A STATE OF KERALA & ANR. v. MYTHRI VIDYA BHAVAN ENGLISH M. SCH. & ORS. (Special Leave Petition (C) Nos. 18475-18476 of 2013) B MAY 02, 2018 [MADAN B. LOKUR AND DEEPAK GUPTA, JJ.] Education/Educational Institutions: Kerala Education Rules, 1959: Affiliation of t…
Supreme Court of India2 May 2018Full text
2018 INSC 440 · [2018] 5 S.C.R. 677
fateful day, main accused alongwith the appellant (his cousin brother) invited the father for dinner to main accused’s house, had dinner together, and immediately thereafter, the father died – Daughter had seen three of them sitting together and having dinner – Confessional statement of main accused and on basis thereo…
Supreme Court of India22 Jan 2018Full text
2018 INSC 44 · [2018] 1 S.C.R. 839
839 840 SUPREME COURT REPORTS [2018] 1 S.C.R. A choose not to appear in the test, the degrees and all advantages shall stand suspended and withdrawn – They will be entitled to appear on the second occasion in terms of the judgment, but this exception shall not apply for such second attempt – Applications/ petitions dis…
Supreme Court of India2 May 2018Full text
2018 INSC 439 · [2018] 5 S.C.R. 710
E Allowing the appeals, the Court HELD: 1.1 On a perusal of Section 158BB of the Income Tax Act, 1961, it is evident that for the purpose of calculating the undisclosed income of the block period, it can be calculated only on the basis of evidence found as a result of search or requisition F of books of accounts or oth…
Supreme Court of India2 May 2018Full text
2018 INSC 438 · [2018] 4 S.C.R. 826
826 SUPREME COURT[2018]REPORTS4 S.C.R. 826 [2018] 4 S.C.R. A ORIENTAL INSURANCE COMPANY LIMITED v. M/S. NARBHERAM POWER AND STEEL PVT. LTD. (Civil Appeal No. 2268 of 2018) B MAY 02, 2018 [DIPAK MISRA, CJI, A. M. KHANWILKAR AND DR. D. Y. CHANDRACHUD, JJ.] Arbitration and Conciliation Act, 1996: s.11(6) – Appointment of …
Supreme Court of India1 May 2018Full text
2018 INSC 437 · [2018] 5 S.C.R. 655
– In the instant application seeking modification of the said order, D it was stated that CBI was conducting investigation and took over only on January 6, 2016 and one and a half years have gone by and, there was voluminous task which was time consuming and trial could not commence unless report under s.173 Cr.P.C is …
Supreme Court of India1 May 2018Full text
2018 INSC 435 · [2018] 5 S.C.R. 646
WITH B Criminal Appeal No. 655 of 2018. Nagendra Rai, Sr. Adv., Shekhar Prit Jha, Akhand Pratap Singh, Ms. Aditi Mittal, Bahul Kalra, Ms. Meghna Sharma, Advs. for the Appellant. C Ratnakar Dash, Sr. Adv., Ardhendumauli Kumar Prasad, Sameer Singh, Advs. for the Respondent. The Judgment of the Court was delivered by ABHA…
Supreme Court of India1 May 2018Full text
2018 INSC 434 · [2018] 4 S.C.R. 797
H 797 798 SUPREME COURT REPORTS [2018] 4 S.C.R. A Allowing the appeals, the Court HELD: 1. The entire Survey No. 1009 was acquired by the APHB for a Housing Scheme. No parcel of land in Survey No.1009 was left out or not acquired. Compensation was paid for acquisition of the entire Survey No.1009. The Division Bench of…
Supreme Court of India1 May 2018Full text
2018 INSC 433 · [2018] 6 S.C.R. 972
2. The first prayer was dealt with vide orders dated 31st January, 2018, 1st February, 2018 and 12th March, 2018. It is necessary to note G here that regard being had to the health condition of the child, a team of doctors from the All India Institute of Medical Sciences (AIIMS) was sent to visit the patient at Kalawat…
Supreme Court of India27 Apr 2018Full text
2018 INSC 431 · [2018] 6 S.C.R. 795
mandates maintaining sufficient distance between two vehicles running in the same direction – Distance of 10-15 feet between the truck and car was certainly not a safe distance for which the driver of the car must take the blame – When car was following the truck and no fault can be attributed to the truck driver, the …
Supreme Court of India19 Jan 2018Full text
2018 INSC 43 · [2018] 1 S.C.R. 190
D Anand Mishra, Amrendra Kumar Singh, Advs. for the Appellants. Rajesh Kumar Gupta, Adv. for the Respondents. The Judgment of the Court was delivered by DR. D. Y. CHANDRACHUD, J., 1. The present appeal arises E from a judgment and order of a Division Bench of the High Court of Judicature at Bombay dated 23 October 2015…
Supreme Court of India27 Apr 2018Full text
2018 INSC 429 · [2018] 4 S.C.R. 509
[2018] 4 S.C.R. 509 509 MOHAR SAI AND ANR. A v. GAYATRI DEVI AND ORS. (Civil Appeal No. 8411 of 2015) APRIL 27, 2018 B [DIPAK MISRA, CJI AND A.M. KHANWILKAR, J.] Motor Vehicles Act, 1988 – s.140 – When not applicable – Person died in a motor accident – Claim petition by respondents-heirs of the deceased – Tribunal deci…
Supreme Court of India27 Apr 2018Full text
2018 INSC 426 · [2018] 6 S.C.R. 787
accordance with the procedure prescribed u/s.50 of the NDPS Act – Therefore, the appellant entitled to claim its benefit to seek his acquittal. Allowing the appeal, the Court HELD: 1. In order to make the search and recovery of the F contraband articles from the body of the suspect, the search and recovery has to be in…
Supreme Court of India27 Apr 2018Full text
2018 INSC 425 · [2018] 5 S.C.R. 637
F HELD: 1.1 The Division Bench rightly relied upon the decision of Supreme Court in Indian Petrochemicals case and compared the facts of the above case with that of the case at hand and found great similarities in both for granting relief to the members of the respondent (Association). The Division Bench took note of 2…
Supreme Court of India27 Apr 2018Full text
2018 INSC 423 · [2018] 7 S.C.R. 1092
F Income Tax Act, 1961 – s.80HHC – Purpose of – Discussed. Directing the matters to be placed before Hon’ble the Chief Justice of India for appropriate orders, the Court HELD: 1.1 The very purpose of Section 80HHC of the G Income Tax Act, 1961 is to promote the export business as well as in order to keep the domestic p…
Supreme Court of India26 Apr 2018Full text
2018 INSC 422 · [2018] 5 S.C.R. 628
such subsequent action of the State which led to litigation suffer from a fundamental constitutional flaw – The impugned judgments of the High Court rendered without examining the true scope and scheme of Part IXA of the Constitution and more particularly Art.243Q(2) are per incuriam – Rajasthan Municipalities Ordinanc…
Supreme Court of India26 Apr 2018Full text
2018 INSC 421 · [2018] 3 S.C.R. 961
E. C. Agrawala, Shwetan K. Sailakwal, Tanmaya Agarwal, Vibhor Verdhan, Advs. for the Respondent. The following Order of the court was delivered: C O R D E R 1. Leave granted. 2. Heard learned counsel for the parties. D 3. The defendant is in appeal aggrieved by the judgment and decree passed by the trial court, as affi…
Supreme Court of India26 Apr 2018Full text
2018 INSC 420 · [2018] 4 S.C.R. 272
– Thus, Kurk Amins’ status was confirmed by Supreme Court with effect from 1985 as that of the government servant – With effect from 9.11.2000, the erstwhile State of U.P. was bifurcated and U.P. Re-Organisation Act carved out the State of Uttarakhand – Many Kurk Amins including appellants were allocated to the State o…
Also on Law on Tips: Bare Acts · Legal news and analysis
2018 INSC 442 · [2018] 4 S.C.R. 634
implemented – Temple Committee to decide the rituals, material used as also prepare/manufacture the offering material in the purest form – ASI/GSI teams to submit report and improvements made – Constitution of India – Art. 25, 26 rw Art. 49, 51A. H 634 SARIKA v. ADMINISTRATOR, SHRI MAHAKALESHWAR 635 MANDIR COMMITTEE, U…
Supreme Court of India2 May 2018Full text
2018 INSC 441 · [2018] 5 S.C.R. 686
686 SUPREME COURT[2018]REPORTS5 S.C.R. 686 [2018] 5 S.C.R. A STATE OF KERALA & ANR. v. MYTHRI VIDYA BHAVAN ENGLISH M. SCH. & ORS. (Special Leave Petition (C) Nos. 18475-18476 of 2013) B MAY 02, 2018 [MADAN B. LOKUR AND DEEPAK GUPTA, JJ.] Education/Educational Institutions: Kerala Education Rules, 1959: Affiliation of t…
Supreme Court of India2 May 2018Full text
2018 INSC 440 · [2018] 5 S.C.R. 677
fateful day, main accused alongwith the appellant (his cousin brother) invited the father for dinner to main accused’s house, had dinner together, and immediately thereafter, the father died – Daughter had seen three of them sitting together and having dinner – Confessional statement of main accused and on basis thereo…
Supreme Court of India22 Jan 2018Full text
2018 INSC 44 · [2018] 1 S.C.R. 839
839 840 SUPREME COURT REPORTS [2018] 1 S.C.R. A choose not to appear in the test, the degrees and all advantages shall stand suspended and withdrawn – They will be entitled to appear on the second occasion in terms of the judgment, but this exception shall not apply for such second attempt – Applications/ petitions dis…
Supreme Court of India2 May 2018Full text
2018 INSC 439 · [2018] 5 S.C.R. 710
E Allowing the appeals, the Court HELD: 1.1 On a perusal of Section 158BB of the Income Tax Act, 1961, it is evident that for the purpose of calculating the undisclosed income of the block period, it can be calculated only on the basis of evidence found as a result of search or requisition F of books of accounts or oth…
Supreme Court of India2 May 2018Full text
2018 INSC 438 · [2018] 4 S.C.R. 826
826 SUPREME COURT[2018]REPORTS4 S.C.R. 826 [2018] 4 S.C.R. A ORIENTAL INSURANCE COMPANY LIMITED v. M/S. NARBHERAM POWER AND STEEL PVT. LTD. (Civil Appeal No. 2268 of 2018) B MAY 02, 2018 [DIPAK MISRA, CJI, A. M. KHANWILKAR AND DR. D. Y. CHANDRACHUD, JJ.] Arbitration and Conciliation Act, 1996: s.11(6) – Appointment of …
Supreme Court of India1 May 2018Full text
2018 INSC 437 · [2018] 5 S.C.R. 655
– In the instant application seeking modification of the said order, D it was stated that CBI was conducting investigation and took over only on January 6, 2016 and one and a half years have gone by and, there was voluminous task which was time consuming and trial could not commence unless report under s.173 Cr.P.C is …
Supreme Court of India1 May 2018Full text
2018 INSC 435 · [2018] 5 S.C.R. 646
WITH B Criminal Appeal No. 655 of 2018. Nagendra Rai, Sr. Adv., Shekhar Prit Jha, Akhand Pratap Singh, Ms. Aditi Mittal, Bahul Kalra, Ms. Meghna Sharma, Advs. for the Appellant. C Ratnakar Dash, Sr. Adv., Ardhendumauli Kumar Prasad, Sameer Singh, Advs. for the Respondent. The Judgment of the Court was delivered by ABHA…
Supreme Court of India1 May 2018Full text
2018 INSC 434 · [2018] 4 S.C.R. 797
H 797 798 SUPREME COURT REPORTS [2018] 4 S.C.R. A Allowing the appeals, the Court HELD: 1. The entire Survey No. 1009 was acquired by the APHB for a Housing Scheme. No parcel of land in Survey No.1009 was left out or not acquired. Compensation was paid for acquisition of the entire Survey No.1009. The Division Bench of…
Supreme Court of India1 May 2018Full text
2018 INSC 433 · [2018] 6 S.C.R. 972
2. The first prayer was dealt with vide orders dated 31st January, 2018, 1st February, 2018 and 12th March, 2018. It is necessary to note G here that regard being had to the health condition of the child, a team of doctors from the All India Institute of Medical Sciences (AIIMS) was sent to visit the patient at Kalawat…
Supreme Court of India27 Apr 2018Full text
2018 INSC 431 · [2018] 6 S.C.R. 795
mandates maintaining sufficient distance between two vehicles running in the same direction – Distance of 10-15 feet between the truck and car was certainly not a safe distance for which the driver of the car must take the blame – When car was following the truck and no fault can be attributed to the truck driver, the …
Supreme Court of India19 Jan 2018Full text
2018 INSC 43 · [2018] 1 S.C.R. 190
D Anand Mishra, Amrendra Kumar Singh, Advs. for the Appellants. Rajesh Kumar Gupta, Adv. for the Respondents. The Judgment of the Court was delivered by DR. D. Y. CHANDRACHUD, J., 1. The present appeal arises E from a judgment and order of a Division Bench of the High Court of Judicature at Bombay dated 23 October 2015…
Supreme Court of India27 Apr 2018Full text
2018 INSC 429 · [2018] 4 S.C.R. 509
[2018] 4 S.C.R. 509 509 MOHAR SAI AND ANR. A v. GAYATRI DEVI AND ORS. (Civil Appeal No. 8411 of 2015) APRIL 27, 2018 B [DIPAK MISRA, CJI AND A.M. KHANWILKAR, J.] Motor Vehicles Act, 1988 – s.140 – When not applicable – Person died in a motor accident – Claim petition by respondents-heirs of the deceased – Tribunal deci…
Supreme Court of India27 Apr 2018Full text
2018 INSC 426 · [2018] 6 S.C.R. 787
accordance with the procedure prescribed u/s.50 of the NDPS Act – Therefore, the appellant entitled to claim its benefit to seek his acquittal. Allowing the appeal, the Court HELD: 1. In order to make the search and recovery of the F contraband articles from the body of the suspect, the search and recovery has to be in…
Supreme Court of India27 Apr 2018Full text
2018 INSC 425 · [2018] 5 S.C.R. 637
F HELD: 1.1 The Division Bench rightly relied upon the decision of Supreme Court in Indian Petrochemicals case and compared the facts of the above case with that of the case at hand and found great similarities in both for granting relief to the members of the respondent (Association). The Division Bench took note of 2…
Supreme Court of India27 Apr 2018Full text
2018 INSC 423 · [2018] 7 S.C.R. 1092
F Income Tax Act, 1961 – s.80HHC – Purpose of – Discussed. Directing the matters to be placed before Hon’ble the Chief Justice of India for appropriate orders, the Court HELD: 1.1 The very purpose of Section 80HHC of the G Income Tax Act, 1961 is to promote the export business as well as in order to keep the domestic p…
Supreme Court of India26 Apr 2018Full text
2018 INSC 422 · [2018] 5 S.C.R. 628
such subsequent action of the State which led to litigation suffer from a fundamental constitutional flaw – The impugned judgments of the High Court rendered without examining the true scope and scheme of Part IXA of the Constitution and more particularly Art.243Q(2) are per incuriam – Rajasthan Municipalities Ordinanc…
Supreme Court of India26 Apr 2018Full text
2018 INSC 421 · [2018] 3 S.C.R. 961
E. C. Agrawala, Shwetan K. Sailakwal, Tanmaya Agarwal, Vibhor Verdhan, Advs. for the Respondent. The following Order of the court was delivered: C O R D E R 1. Leave granted. 2. Heard learned counsel for the parties. D 3. The defendant is in appeal aggrieved by the judgment and decree passed by the trial court, as affi…
Supreme Court of India26 Apr 2018Full text
2018 INSC 420 · [2018] 4 S.C.R. 272
– Thus, Kurk Amins’ status was confirmed by Supreme Court with effect from 1985 as that of the government servant – With effect from 9.11.2000, the erstwhile State of U.P. was bifurcated and U.P. Re-Organisation Act carved out the State of Uttarakhand – Many Kurk Amins including appellants were allocated to the State o…
Also on Law on Tips: Bare Acts · Legal news and analysis