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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.
6,641–6,660 · Page 333 of 500
Supreme Court of India19 Mar 2018Full text
2018 INSC 241 · [2018] 5 S.C.R. 516
his liability in full, the creditor may take any of the actions under sub-section (4) which include taking over the possession of secured assets – In the instant case, the creditor was induced by the debtor not to take action against them through assurances and promises – The creditor entered into negotiations for the …
Supreme Court of India16 Mar 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.
6,641–6,660 · Page 333 of 500
Supreme Court of India19 Mar 2018Full text
2018 INSC 241 · [2018] 5 S.C.R. 516
his liability in full, the creditor may take any of the actions under sub-section (4) which include taking over the possession of secured assets – In the instant case, the creditor was induced by the debtor not to take action against them through assurances and promises – The creditor entered into negotiations for the …
Supreme Court of India16 Mar 2018Full text
2018 INSC 240 · [2018] 4 S.C.R. 843
Investigation: Transfer of investigation to central investigating D agency – Writ petition seeking transfer of investigation of all FIRs lodged against the petitioner and other members of Gorkha Janmukti Morcha (GJM) to an independent investigation agency – FIRs relates to various offences under IPC, Prevention of Dest…
Supreme Court of India16 Mar 2018Full text
2018 INSC 240 · [2018] 4 S.C.R. 875
875 876 SUPREME COURT REPORTS [2018] 4 S.C.R. A proceeded to arrest several accused who were camping at south bank of river Chhota Rangeet, P.S. Sadar, Dajeeling. While chasing the miscreants the Police personnel were fired upon in which Amitava Malik son of the petitioner died. The petitioner in this writ petition has…
Supreme Court of India11 Jan 2018Full text
2018 INSC 24 · [2018] 1 S.C.R. 206
2. The essential facts which need to be stated for adjudication of this petition are that Mullaperiyar Dam was constructed under a lease E agreement executed in the year 1886 between the Maharaja of erstwhile Travancore with the British Secretary of State for Madras Presidency for a duration of 999 years. In pursuance …
Supreme Court of India16 Mar 2018Full text
2018 INSC 239 · [2018] 4 S.C.R. 1055
appearance in the Court on each and every date was required to be considered in view of the fact that application was filed much before their appearance in the Court – Further, Magistrate had not rejected the application on the ground that application is not entertainable after appearance of the accused-appellants befo…
Supreme Court of India15 Mar 2018Full text
2018 INSC 238 · [2018] 2 S.C.R. 829
– Arbitration and Conciliation Act, 1996 – ss. 36 and 34. G Dismissing the appeals, the Court HELD: 1.1 The scheme of Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015 is clear: that the Amendment Act is prospective in nature, and will apply to those arbitral proceedings that are commenced, as unders…
Supreme Court of India15 Mar 2018Full text
2018 INSC 237 · [2018] 10 S.C.R. 409
H THE STATE OF KARNATAKA v. THE KARNATAKA PAWN 411 BROKERS ASSN. Partly allowing the appeals, the Court A HELD: 1. The observations by the High Court that if there was a provision prohibiting payment of interest, the same would be arbitrary and hence illegal, were not necessary in the fact situation of Manakchand Motil…
Supreme Court of India13 Mar 2018Full text
2018 INSC 235 · [2018] 3 S.C.R. 229
[2018] 3 S.C.R. 229 229 BAR COUNCIL OF INDIA A v A.K. BALALJI AND ORS. (Civil Appeal Nos. 7875-7879 of 2015) B MARCH 13, 2018 [ADARSH KUMAR GOEL AND UDAY UMESH LALIT, JJ.] Advocates Act, 1961: C ss. 24, 29, 47(2) r/w s.49(1)(e) and s.49A – Foreign law firms/ lawyers – Permissibility to practice in India – Held: Practic…
Supreme Court of India13 Mar 2018Full text
2018 INSC 234 · [2018] 4 S.C.R. 1012
18.08.2000. By reference to the said communication-cum-decision of the Ministry, it stood incorporated in the subject office order. Besides, the subject office order explicitly states that the Cappointment of the respondent was illegally made by the then Director Incharge. This reason of illegal appointment takes withi…
Supreme Court of India12 Mar 2018Full text
2018 INSC 233 · [2018] 3 S.C.R. 273
[2018] 3 S.C.R. 273 273 M/S. FORTUNE INFRASTRUCTURE A (NOW KNOWN AS M/S. HICON INFRASTRUCTURE) & ANR. v. TREVOR D’LIMA & ORS. (Civil Appeal Nos. 3533-3534 of 2017) B MARCH 12, 2018 [N. V. RAMANA AND S. ABDUL NAZEER, JJ.] Consumer Protection Act, 1986 : Complaint against developer of housing project – By the C purchaser…
Supreme Court of India12 Mar 2018Full text
2018 INSC 232 · [2018] 3 S.C.R. 214
214 SUPREME COURT[2018]REPORTS3 S.C.R. 214 [2018] 3 S.C.R. A INCOME TAX OFFICER, MUMBAI v. VENKATESH PREMISES COOPERATIVE SOCIETY LTD. B (Civil Appeal No. 2706 of 2018) MARCH 12, 2018 [R. F. NARIMAN AND NAVIN SINHA, JJ.] Income Tax Act, 1961: C Exemption from income tax – Of certain receipts by Co-operative Societies f…
Supreme Court of India12 Mar 2018Full text
2018 INSC 231 · [2018] 4 S.C.R. 623
case suffers from several contradictions and infirmities e.g. the trial Court rightly pointed out the contradictions in the statements given by P.Ws-1,2 and P.Ws-3,5 regarding the incident of assault and the participation of the accused persons – These contradictions were material ones and cannot be overlooked – No spe…
Supreme Court of India12 Mar 2018Full text
2018 INSC 230 · [2018] 3 S.C.R. 640
2. Mere repeated filing of representations could not be Bsufficient explanation for delay in approaching the Court for grant of relief. In the facts and circumstances of the instant case, any direction to consider retrospective promotion of the respondents at such a belated passage of time of over 17 to 20 years, would…
Supreme Court of India11 Jan 2018Full text
2018 INSC 23 · [2018] 1 S.C.R. 688
the written submissions filed by him in the suit and no evidence was led by the parties on the issue – Thus, no issue on limitation came to be casted – However, even in the absence of any specific issue of limitation, such a plea could have been taken by the respondent in second appeal before High Court only if the iss…
Supreme Court of India12 Mar 2018Full text
2018 INSC 229 · [2018] 4 S.C.R. 612
612 SUPREME COURT[2018]REPORTS4 S.C.R. 612 [2018] 4 S.C.R. A SUDHAKAR @ SUDHARASAN v. STATE REP. BY THE INSPECTOR OF POLICE, SRIRANGAM POLICE STATION, TRICHY, TAMIL NADU B (Criminal Appeal No. 381 of 2018) MARCH 12, 2018 [N. V. RAMANA AND S. ABDUL NAZEER, JJ.] Penal Code, 1860 – s.302 – Prosecution case that appellant …
Supreme Court of India12 Mar 2018Full text
2018 INSC 228 · [2018] 4 S.C.R. 281
[2018] 4 S.C.R. 281 281 DEV KANYA TIWARI A v. THE STATE OF U.P. (Criminal Appeal No. 720 of 2016) B MARCH 12, 2018 [N. V. RAMANA AND S. ABDUL NAZEER, JJ.] Penal Code, 1860 – s. 302 r/w. s.34 – Prosecution case that brother of complainant-PW-5 was killed by his wife and in-laws – C Defence plea that the deceased had com…
Supreme Court of India12 Mar 2018Full text
2018 INSC 227 · [2018] 5 S.C.R. 205
view of the recommendation of Inter Departmental Committee – Farmers, having come to know that the lands under acquisition were utilized by the builders/colonizers, started agitation – Request was also made for registration of FIR in respect of fraud played by the officials in connivance with the builders – Writ petiti…
Supreme Court of India12 Mar 2018Full text
2018 INSC 226 · [2018] 3 S.C.R. 633
Non-reasoned order – Sustenance of – Writ petition before High Court, challenging land acquisition proceeding, allowed by C Single Judge of High Court – Division Bench of High Court in writ appeal set aside the order of Single Judge on the ground that the order was non-reasoned – Review petition dismissed – On appeal, …
Supreme Court of India9 Mar 2018Full text
2018 INSC 225 · [2018] 5 S.C.R. 471
the ship owned by a third party – Maintainability of – On facts, award of contract by ONGC to a foreign company for carrying seismic survey operations off the coast of Gujarat – Foreign company in turn entered into a Charter Party Agreement to charter the vessel-respondent vessel – Charterer further entered into contra…
Supreme Court of India9 Mar 2018Full text
2018 INSC 224 · [2018] 11 S.C.R. 511
– Or. XXI, r.1. H 511 512 SUPREME COURT REPORTS [2018] 11 S.C.R. A Code of Civil Procedure, 1908 – s.34(2) – Interest – Payment of – Contract between appellant and respondent for construction of dam – Notification issued escalating minimum wages payable to workers – Writ petitions filed by respondent claiming labour es…
Also on Law on Tips: Bare Acts · Legal news and analysis
2018 INSC 240 · [2018] 4 S.C.R. 843
Investigation: Transfer of investigation to central investigating D agency – Writ petition seeking transfer of investigation of all FIRs lodged against the petitioner and other members of Gorkha Janmukti Morcha (GJM) to an independent investigation agency – FIRs relates to various offences under IPC, Prevention of Dest…
Supreme Court of India16 Mar 2018Full text
2018 INSC 240 · [2018] 4 S.C.R. 875
875 876 SUPREME COURT REPORTS [2018] 4 S.C.R. A proceeded to arrest several accused who were camping at south bank of river Chhota Rangeet, P.S. Sadar, Dajeeling. While chasing the miscreants the Police personnel were fired upon in which Amitava Malik son of the petitioner died. The petitioner in this writ petition has…
Supreme Court of India11 Jan 2018Full text
2018 INSC 24 · [2018] 1 S.C.R. 206
2. The essential facts which need to be stated for adjudication of this petition are that Mullaperiyar Dam was constructed under a lease E agreement executed in the year 1886 between the Maharaja of erstwhile Travancore with the British Secretary of State for Madras Presidency for a duration of 999 years. In pursuance …
Supreme Court of India16 Mar 2018Full text
2018 INSC 239 · [2018] 4 S.C.R. 1055
appearance in the Court on each and every date was required to be considered in view of the fact that application was filed much before their appearance in the Court – Further, Magistrate had not rejected the application on the ground that application is not entertainable after appearance of the accused-appellants befo…
Supreme Court of India15 Mar 2018Full text
2018 INSC 238 · [2018] 2 S.C.R. 829
– Arbitration and Conciliation Act, 1996 – ss. 36 and 34. G Dismissing the appeals, the Court HELD: 1.1 The scheme of Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015 is clear: that the Amendment Act is prospective in nature, and will apply to those arbitral proceedings that are commenced, as unders…
Supreme Court of India15 Mar 2018Full text
2018 INSC 237 · [2018] 10 S.C.R. 409
H THE STATE OF KARNATAKA v. THE KARNATAKA PAWN 411 BROKERS ASSN. Partly allowing the appeals, the Court A HELD: 1. The observations by the High Court that if there was a provision prohibiting payment of interest, the same would be arbitrary and hence illegal, were not necessary in the fact situation of Manakchand Motil…
Supreme Court of India13 Mar 2018Full text
2018 INSC 235 · [2018] 3 S.C.R. 229
[2018] 3 S.C.R. 229 229 BAR COUNCIL OF INDIA A v A.K. BALALJI AND ORS. (Civil Appeal Nos. 7875-7879 of 2015) B MARCH 13, 2018 [ADARSH KUMAR GOEL AND UDAY UMESH LALIT, JJ.] Advocates Act, 1961: C ss. 24, 29, 47(2) r/w s.49(1)(e) and s.49A – Foreign law firms/ lawyers – Permissibility to practice in India – Held: Practic…
Supreme Court of India13 Mar 2018Full text
2018 INSC 234 · [2018] 4 S.C.R. 1012
18.08.2000. By reference to the said communication-cum-decision of the Ministry, it stood incorporated in the subject office order. Besides, the subject office order explicitly states that the Cappointment of the respondent was illegally made by the then Director Incharge. This reason of illegal appointment takes withi…
Supreme Court of India12 Mar 2018Full text
2018 INSC 233 · [2018] 3 S.C.R. 273
[2018] 3 S.C.R. 273 273 M/S. FORTUNE INFRASTRUCTURE A (NOW KNOWN AS M/S. HICON INFRASTRUCTURE) & ANR. v. TREVOR D’LIMA & ORS. (Civil Appeal Nos. 3533-3534 of 2017) B MARCH 12, 2018 [N. V. RAMANA AND S. ABDUL NAZEER, JJ.] Consumer Protection Act, 1986 : Complaint against developer of housing project – By the C purchaser…
Supreme Court of India12 Mar 2018Full text
2018 INSC 232 · [2018] 3 S.C.R. 214
214 SUPREME COURT[2018]REPORTS3 S.C.R. 214 [2018] 3 S.C.R. A INCOME TAX OFFICER, MUMBAI v. VENKATESH PREMISES COOPERATIVE SOCIETY LTD. B (Civil Appeal No. 2706 of 2018) MARCH 12, 2018 [R. F. NARIMAN AND NAVIN SINHA, JJ.] Income Tax Act, 1961: C Exemption from income tax – Of certain receipts by Co-operative Societies f…
Supreme Court of India12 Mar 2018Full text
2018 INSC 231 · [2018] 4 S.C.R. 623
case suffers from several contradictions and infirmities e.g. the trial Court rightly pointed out the contradictions in the statements given by P.Ws-1,2 and P.Ws-3,5 regarding the incident of assault and the participation of the accused persons – These contradictions were material ones and cannot be overlooked – No spe…
Supreme Court of India12 Mar 2018Full text
2018 INSC 230 · [2018] 3 S.C.R. 640
2. Mere repeated filing of representations could not be Bsufficient explanation for delay in approaching the Court for grant of relief. In the facts and circumstances of the instant case, any direction to consider retrospective promotion of the respondents at such a belated passage of time of over 17 to 20 years, would…
Supreme Court of India11 Jan 2018Full text
2018 INSC 23 · [2018] 1 S.C.R. 688
the written submissions filed by him in the suit and no evidence was led by the parties on the issue – Thus, no issue on limitation came to be casted – However, even in the absence of any specific issue of limitation, such a plea could have been taken by the respondent in second appeal before High Court only if the iss…
Supreme Court of India12 Mar 2018Full text
2018 INSC 229 · [2018] 4 S.C.R. 612
612 SUPREME COURT[2018]REPORTS4 S.C.R. 612 [2018] 4 S.C.R. A SUDHAKAR @ SUDHARASAN v. STATE REP. BY THE INSPECTOR OF POLICE, SRIRANGAM POLICE STATION, TRICHY, TAMIL NADU B (Criminal Appeal No. 381 of 2018) MARCH 12, 2018 [N. V. RAMANA AND S. ABDUL NAZEER, JJ.] Penal Code, 1860 – s.302 – Prosecution case that appellant …
Supreme Court of India12 Mar 2018Full text
2018 INSC 228 · [2018] 4 S.C.R. 281
[2018] 4 S.C.R. 281 281 DEV KANYA TIWARI A v. THE STATE OF U.P. (Criminal Appeal No. 720 of 2016) B MARCH 12, 2018 [N. V. RAMANA AND S. ABDUL NAZEER, JJ.] Penal Code, 1860 – s. 302 r/w. s.34 – Prosecution case that brother of complainant-PW-5 was killed by his wife and in-laws – C Defence plea that the deceased had com…
Supreme Court of India12 Mar 2018Full text
2018 INSC 227 · [2018] 5 S.C.R. 205
view of the recommendation of Inter Departmental Committee – Farmers, having come to know that the lands under acquisition were utilized by the builders/colonizers, started agitation – Request was also made for registration of FIR in respect of fraud played by the officials in connivance with the builders – Writ petiti…
Supreme Court of India12 Mar 2018Full text
2018 INSC 226 · [2018] 3 S.C.R. 633
Non-reasoned order – Sustenance of – Writ petition before High Court, challenging land acquisition proceeding, allowed by C Single Judge of High Court – Division Bench of High Court in writ appeal set aside the order of Single Judge on the ground that the order was non-reasoned – Review petition dismissed – On appeal, …
Supreme Court of India9 Mar 2018Full text
2018 INSC 225 · [2018] 5 S.C.R. 471
the ship owned by a third party – Maintainability of – On facts, award of contract by ONGC to a foreign company for carrying seismic survey operations off the coast of Gujarat – Foreign company in turn entered into a Charter Party Agreement to charter the vessel-respondent vessel – Charterer further entered into contra…
Supreme Court of India9 Mar 2018Full text
2018 INSC 224 · [2018] 11 S.C.R. 511
– Or. XXI, r.1. H 511 512 SUPREME COURT REPORTS [2018] 11 S.C.R. A Code of Civil Procedure, 1908 – s.34(2) – Interest – Payment of – Contract between appellant and respondent for construction of dam – Notification issued escalating minimum wages payable to workers – Writ petitions filed by respondent claiming labour es…
Also on Law on Tips: Bare Acts · Legal news and analysis