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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.
6,681–6,700 · Page 335 of 500
Supreme Court of India23 Feb 2018Full text
2018 INSC 202 · [2018] 10 S.C.R. 289
[2018] 10 S.C.R. 289 289 SUNIL SAMDARIA A v. UNION OF INDIA THROUGH ITS SECRETARY, MINISTRY OF LAW AND JUSTICE AND OTHERS (Writ Petition (C) No. 835 of 2017) B FEBRUARY 23, 2018 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Constitution of India – Arts. 217 and 224 – Appointment of Additional Judges of High Court – Petitioner c…
Supreme Court of India23 Feb 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.
6,681–6,700 · Page 335 of 500
Supreme Court of India23 Feb 2018Full text
2018 INSC 202 · [2018] 10 S.C.R. 289
[2018] 10 S.C.R. 289 289 SUNIL SAMDARIA A v. UNION OF INDIA THROUGH ITS SECRETARY, MINISTRY OF LAW AND JUSTICE AND OTHERS (Writ Petition (C) No. 835 of 2017) B FEBRUARY 23, 2018 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Constitution of India – Arts. 217 and 224 – Appointment of Additional Judges of High Court – Petitioner c…
Supreme Court of India23 Feb 2018Full text
2018 INSC 201 · [2018] 2 S.C.R. 508
tax thereon from the payments due to the assessee – Claim for refund of sales tax on the excess amount of Rs.37 – Entitlement for – Held: s.2(39) defines “sale price” as a price which is either paid or payable to a dealer as consideration for sale – The definition itself makes it clear that any sum by way of any discou…
Supreme Court of India23 Feb 2018Full text
2018 INSC 200 · [2018] 1 S.C.R. 1096
1096 SUPREME COURT[2018]REPORTS1 S.C.R. 1096 [2018] 1 S.C.R. A INDIABULLS HOUSING FINANCE LIMITED v. M/S. DECCAN CHRONICLE HOLDINGS LIMITED AND OTHERS B (Civil Appeal No. 18 of 2018) FEBRUARY 23, 2018 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Securitisation and Reconstruction of Financial Assests and Enforcement of Security…
Supreme Court of India10 Jan 2018Full text
2018 INSC 20 · [2018] 1 S.C.R. 674
Dr. Sushil Balwada, Jai Wadhwa, Sandiv Kalia, Advs. for the B Appellant. Ms. Hemantika Wahi, Ms. Jesal Wahi, Ms. Mamta Singh, Ms. Shodhika Sharma, Advs. for the Respondents. The Judgment of the Court was delivered by A. K. SIKRI, J. 1. Leave granted. C 2. We have heard learned counsel for the parties at this stage. 3. …
Supreme Court of India23 Feb 2018Full text
2018 INSC 199 · [2018] 2 S.C.R. 442
442 SUPREME COURT[2018]REPORTS2 S.C.R. 442 [2018] 2 S.C.R. A S. SUKUMAR v. THE SECRETARY, INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & ORS. B (Civil Appeal No. 2422 of 2018 etc.) FEBRUARY 23, 2018 [ADARSH KUMAR GOEL AND UDAY UMESH LALIT, JJ.] Chartered Accountants Act, 1949: ss.25, 29 – Allegation that Multi-National …
Supreme Court of India23 Feb 2018Full text
2018 INSC 198 · [2018] 9 S.C.R. 248
248 SUPREME COURT[2018]REPORTS9 S.C.R. 248 [2018] 9 S.C.R. A PANKAJ JAIN v. UNION OF INDIA & ANR. (Criminal Appeal No. 321 of 2018) B FEBRUARY 23, 2018 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Code of Criminal Procedure, 1973 – s.88 – Interpretation of – Power to take bond for appearance – Whether it was obligatory for the…
Supreme Court of India23 Feb 2018Full text
2018 INSC 197 · [2018] 2 S.C.R. 529
Notwithstanding the allowing of the appeal of Corporation, by F Supreme Court vide order dtd. 31.10.2000, order dtd. 04.05.1999 passed in the said appeal remains legal and valid and being independent in nature, the same has to be given effect to in favour of the applicant-employee, if not found complied with by the emp…
Supreme Court of India23 Feb 2018Full text
2018 INSC 195 · [2018] 2 S.C.R. 1015
[2018] 2 S.C.R. 1015 1015 NATIONAL HIGHWAY AUTHORITY OF INDIA A v. M/S. PROGRESSIVEMVR (JV) (Civil Appeal No. 458 of 2018) FEBRUARY 23, 2018 B [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Contract – NHAI Contracts – Price adjustment formula, ‘note’ appended thereto – Interpretation of – Respondents-contractors awarded contract…
Supreme Court of India23 Feb 2018Full text
2018 INSC 192 · [2018] 4 S.C.R. 585
Sridhar Potaraju, Prabhat Kumar, Ms. Sindeora VNL, Ms. Ankita Sharma, Udai Khanna, Advs. for the Appellant. A. K. Ganguli, Sr. Adv., Dr. Amit George, R. Sathish, Mohan Das K. K., Rajesh Kumar, Ms. S. Geetha, Ms. Smitha Rani, Ms. Sonia Vasudev, Advs. for the Respondent. D The Judgment of the Court was delivered by A. K.…
Supreme Court of India23 Feb 2018Full text
2018 INSC 191 · [2018] 2 S.C.R. 499
Court had itself taken cognizance of the matter – Sessions Court merely ordered remand for further enquiry – The observations made by the Sessions Court were only justification for a remand and the same did not amount to taking cognizance – High Court clearly misconstrued the Sessions Court order and proceeded on an er…
Supreme Court of India23 Feb 2018Full text
2018 INSC 190 · [2018] 2 S.C.R. 775
Colleges, only on the condition that their initial appointment was after following the due procedure and that too against the sanctioned post – Impugned order calls for no interference. Dismissing the appeal, the Court HELD: 1.1 The impugned judgment is without any blemish F and no interference is called for. In fact, …
Supreme Court of India10 Jan 2018Full text
2018 INSC 19 · [2018] 1 S.C.R. 571
[2018] 1 S.C.R. 571 571 I. C. SHARMA A v. THE ORIENTAL INSURANCE CO. LTD. (Civil Appeal No. 3167 of 2017) JANUARY 10, 2018 B [MADAN B. LOKUR AND DEEPAK GUPTA, JJ.] Insurance – Householder Insurance – Appellant purchased a householder insurance policy from the respondent-Insurance Company, wherein coverage of articles/i…
Supreme Court of India23 Feb 2018Full text
2018 INSC 188 · [2018] 1 S.C.R. 671
Pradesh to file affidavit setting out the particulars of those districts in the State of Himachal Pradesh which can be considered to be hilly areas or hilly districts. State of Tamil Nadu v. K. Balu (2017) 6 SCC 715 – referred to. E Case Law Reference (2017) 6 SCC 715 referred to Para 2 CIVIL APPELLATE JURISDICTION: MA…
Supreme Court of India23 Feb 2018Full text
2018 INSC 188 · [2018] 1 S.C.R. 665
connectivity between cities, towns and villages – The order did not prohibit licensed establishments within municipal areas – This Court further clarified in the order that it will govern other municipal areas as well – In the subsequent order dated 13.12.2017, liberty was granted to the licence holders to submit a rep…
Supreme Court of India23 Feb 2018Full text
2018 INSC 188 · [2018] 1 S.C.R. 661
State of Meghalaya and Sikkim – In view of the peculiar topography of the State of Mizoram, the benefit of the exemption granted by the earlier order dated 31.3.2017 is extended to the State of Mizoram – As regards the State of Assam, the State was directed to file an affidavit indicating ‘hilly areas’ or the districts…
Supreme Court of India22 Feb 2018Full text
2018 INSC 187 · [2018] 2 S.C.R. 335
[2018] 2 S.C.R. 335 335 ESSAR BULK TERMINAL LIMITED & ANR. A v. STATE OF GUJARAT & ORS. (Civil Appeal No. 2406 of 2018) FEBRUARY 22, 2018 B [R. F. NARIMAN AND NAVIN SINHA, JJ.] Indian Ports Act, 1908: s.5 – Notification under – By State Government – For expansion of port limits – Challenged by appellant-Company (who C …
Supreme Court of India21 Aug 2018Full text
2018 INSC 185 · [2018] 10 S.C.R. 956
(iii) of the clarifications is relevant and reads as follows: “(iii) The tenure of the Chairperson and the Judicial/ Administrative/Expert/Technical Members of all the Tribunals shall be for a period of five years or the maximum age that was E fixed/determined under the old Acts and Rules;” On 16 July 2018, this Court …
Supreme Court of India22 Feb 2018Full text
2018 INSC 185 · [2018] 2 S.C.R. 1005
(Qualification, Experience and Other Conditions of Service of Members) Rules, 2017. CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No. 279 of 2017 Under Article 32 of the Constitution of India. F WITH W. P. (C) Nos. 558, 561, 640, 1016, 788, 925, 1098 and 1129 of 2017 W. P. (C) No. 33 of 2018. Arvind P. Datar, C. …
Supreme Court of India21 Feb 2018Full text
2018 INSC 184 · [2018] 1 S.C.R. 1085
in the additional documents – Matter remitted to High Court to decide the appeal afresh after giving opportunity to opposite party to lead evidence in rebuttal – Principles of Natural Justice. Allowing the appeal, the Court HELD: 1. Order LXI, Rule 27 of the CPC, which deals F with the provision of additional evidence …
Supreme Court of India21 Feb 2018Full text
2018 INSC 183 · [2018] 2 S.C.R. 814
– Disciplinary Committee agreed with the finding, however reduced the punishment – Respondent debarred for 18 months along with fine of Rs. 25,000/- – Review petition by respondent – Allowed by the Bar Council directing fresh consideration of the matter – On appeal, held: When the review power of the BCI is examined, i…
Also on Law on Tips: Bare Acts · Legal news and analysis
2018 INSC 201 · [2018] 2 S.C.R. 508
tax thereon from the payments due to the assessee – Claim for refund of sales tax on the excess amount of Rs.37 – Entitlement for – Held: s.2(39) defines “sale price” as a price which is either paid or payable to a dealer as consideration for sale – The definition itself makes it clear that any sum by way of any discou…
Supreme Court of India23 Feb 2018Full text
2018 INSC 200 · [2018] 1 S.C.R. 1096
1096 SUPREME COURT[2018]REPORTS1 S.C.R. 1096 [2018] 1 S.C.R. A INDIABULLS HOUSING FINANCE LIMITED v. M/S. DECCAN CHRONICLE HOLDINGS LIMITED AND OTHERS B (Civil Appeal No. 18 of 2018) FEBRUARY 23, 2018 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Securitisation and Reconstruction of Financial Assests and Enforcement of Security…
Supreme Court of India10 Jan 2018Full text
2018 INSC 20 · [2018] 1 S.C.R. 674
Dr. Sushil Balwada, Jai Wadhwa, Sandiv Kalia, Advs. for the B Appellant. Ms. Hemantika Wahi, Ms. Jesal Wahi, Ms. Mamta Singh, Ms. Shodhika Sharma, Advs. for the Respondents. The Judgment of the Court was delivered by A. K. SIKRI, J. 1. Leave granted. C 2. We have heard learned counsel for the parties at this stage. 3. …
Supreme Court of India23 Feb 2018Full text
2018 INSC 199 · [2018] 2 S.C.R. 442
442 SUPREME COURT[2018]REPORTS2 S.C.R. 442 [2018] 2 S.C.R. A S. SUKUMAR v. THE SECRETARY, INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & ORS. B (Civil Appeal No. 2422 of 2018 etc.) FEBRUARY 23, 2018 [ADARSH KUMAR GOEL AND UDAY UMESH LALIT, JJ.] Chartered Accountants Act, 1949: ss.25, 29 – Allegation that Multi-National …
Supreme Court of India23 Feb 2018Full text
2018 INSC 198 · [2018] 9 S.C.R. 248
248 SUPREME COURT[2018]REPORTS9 S.C.R. 248 [2018] 9 S.C.R. A PANKAJ JAIN v. UNION OF INDIA & ANR. (Criminal Appeal No. 321 of 2018) B FEBRUARY 23, 2018 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Code of Criminal Procedure, 1973 – s.88 – Interpretation of – Power to take bond for appearance – Whether it was obligatory for the…
Supreme Court of India23 Feb 2018Full text
2018 INSC 197 · [2018] 2 S.C.R. 529
Notwithstanding the allowing of the appeal of Corporation, by F Supreme Court vide order dtd. 31.10.2000, order dtd. 04.05.1999 passed in the said appeal remains legal and valid and being independent in nature, the same has to be given effect to in favour of the applicant-employee, if not found complied with by the emp…
Supreme Court of India23 Feb 2018Full text
2018 INSC 195 · [2018] 2 S.C.R. 1015
[2018] 2 S.C.R. 1015 1015 NATIONAL HIGHWAY AUTHORITY OF INDIA A v. M/S. PROGRESSIVEMVR (JV) (Civil Appeal No. 458 of 2018) FEBRUARY 23, 2018 B [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Contract – NHAI Contracts – Price adjustment formula, ‘note’ appended thereto – Interpretation of – Respondents-contractors awarded contract…
Supreme Court of India23 Feb 2018Full text
2018 INSC 192 · [2018] 4 S.C.R. 585
Sridhar Potaraju, Prabhat Kumar, Ms. Sindeora VNL, Ms. Ankita Sharma, Udai Khanna, Advs. for the Appellant. A. K. Ganguli, Sr. Adv., Dr. Amit George, R. Sathish, Mohan Das K. K., Rajesh Kumar, Ms. S. Geetha, Ms. Smitha Rani, Ms. Sonia Vasudev, Advs. for the Respondent. D The Judgment of the Court was delivered by A. K.…
Supreme Court of India23 Feb 2018Full text
2018 INSC 191 · [2018] 2 S.C.R. 499
Court had itself taken cognizance of the matter – Sessions Court merely ordered remand for further enquiry – The observations made by the Sessions Court were only justification for a remand and the same did not amount to taking cognizance – High Court clearly misconstrued the Sessions Court order and proceeded on an er…
Supreme Court of India23 Feb 2018Full text
2018 INSC 190 · [2018] 2 S.C.R. 775
Colleges, only on the condition that their initial appointment was after following the due procedure and that too against the sanctioned post – Impugned order calls for no interference. Dismissing the appeal, the Court HELD: 1.1 The impugned judgment is without any blemish F and no interference is called for. In fact, …
Supreme Court of India10 Jan 2018Full text
2018 INSC 19 · [2018] 1 S.C.R. 571
[2018] 1 S.C.R. 571 571 I. C. SHARMA A v. THE ORIENTAL INSURANCE CO. LTD. (Civil Appeal No. 3167 of 2017) JANUARY 10, 2018 B [MADAN B. LOKUR AND DEEPAK GUPTA, JJ.] Insurance – Householder Insurance – Appellant purchased a householder insurance policy from the respondent-Insurance Company, wherein coverage of articles/i…
Supreme Court of India23 Feb 2018Full text
2018 INSC 188 · [2018] 1 S.C.R. 671
Pradesh to file affidavit setting out the particulars of those districts in the State of Himachal Pradesh which can be considered to be hilly areas or hilly districts. State of Tamil Nadu v. K. Balu (2017) 6 SCC 715 – referred to. E Case Law Reference (2017) 6 SCC 715 referred to Para 2 CIVIL APPELLATE JURISDICTION: MA…
Supreme Court of India23 Feb 2018Full text
2018 INSC 188 · [2018] 1 S.C.R. 665
connectivity between cities, towns and villages – The order did not prohibit licensed establishments within municipal areas – This Court further clarified in the order that it will govern other municipal areas as well – In the subsequent order dated 13.12.2017, liberty was granted to the licence holders to submit a rep…
Supreme Court of India23 Feb 2018Full text
2018 INSC 188 · [2018] 1 S.C.R. 661
State of Meghalaya and Sikkim – In view of the peculiar topography of the State of Mizoram, the benefit of the exemption granted by the earlier order dated 31.3.2017 is extended to the State of Mizoram – As regards the State of Assam, the State was directed to file an affidavit indicating ‘hilly areas’ or the districts…
Supreme Court of India22 Feb 2018Full text
2018 INSC 187 · [2018] 2 S.C.R. 335
[2018] 2 S.C.R. 335 335 ESSAR BULK TERMINAL LIMITED & ANR. A v. STATE OF GUJARAT & ORS. (Civil Appeal No. 2406 of 2018) FEBRUARY 22, 2018 B [R. F. NARIMAN AND NAVIN SINHA, JJ.] Indian Ports Act, 1908: s.5 – Notification under – By State Government – For expansion of port limits – Challenged by appellant-Company (who C …
Supreme Court of India21 Aug 2018Full text
2018 INSC 185 · [2018] 10 S.C.R. 956
(iii) of the clarifications is relevant and reads as follows: “(iii) The tenure of the Chairperson and the Judicial/ Administrative/Expert/Technical Members of all the Tribunals shall be for a period of five years or the maximum age that was E fixed/determined under the old Acts and Rules;” On 16 July 2018, this Court …
Supreme Court of India22 Feb 2018Full text
2018 INSC 185 · [2018] 2 S.C.R. 1005
(Qualification, Experience and Other Conditions of Service of Members) Rules, 2017. CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No. 279 of 2017 Under Article 32 of the Constitution of India. F WITH W. P. (C) Nos. 558, 561, 640, 1016, 788, 925, 1098 and 1129 of 2017 W. P. (C) No. 33 of 2018. Arvind P. Datar, C. …
Supreme Court of India21 Feb 2018Full text
2018 INSC 184 · [2018] 1 S.C.R. 1085
in the additional documents – Matter remitted to High Court to decide the appeal afresh after giving opportunity to opposite party to lead evidence in rebuttal – Principles of Natural Justice. Allowing the appeal, the Court HELD: 1. Order LXI, Rule 27 of the CPC, which deals F with the provision of additional evidence …
Supreme Court of India21 Feb 2018Full text
2018 INSC 183 · [2018] 2 S.C.R. 814
– Disciplinary Committee agreed with the finding, however reduced the punishment – Respondent debarred for 18 months along with fine of Rs. 25,000/- – Review petition by respondent – Allowed by the Bar Council directing fresh consideration of the matter – On appeal, held: When the review power of the BCI is examined, i…
Also on Law on Tips: Bare Acts · Legal news and analysis