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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.
6,721–6,740 · Page 337 of 500
Supreme Court of India16 Feb 2018Full text
2018 INSC 152 · [2018] 2 S.C.R. 744
IN RE: T.N. GODAVARMAN THIRUMULKPAD ETC. v. 745 UNION OF INDIA AND ORS. ETC. CIVIL ORIGINAL JURISDICTION : Interlocutory Application A No. 3840 of 2014 in Writ Petition (Civil) No. 202 of 1995. Under Article 32 of the Constitution of India. J. S. Attri, Sr. Adv, A. D. N. Rao, (AC.), Siddhartha Chowdhury, (AC), Sudipto …
Supreme Court of India15 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.
6,721–6,740 · Page 337 of 500
Supreme Court of India16 Feb 2018Full text
2018 INSC 152 · [2018] 2 S.C.R. 744
IN RE: T.N. GODAVARMAN THIRUMULKPAD ETC. v. 745 UNION OF INDIA AND ORS. ETC. CIVIL ORIGINAL JURISDICTION : Interlocutory Application A No. 3840 of 2014 in Writ Petition (Civil) No. 202 of 1995. Under Article 32 of the Constitution of India. J. S. Attri, Sr. Adv, A. D. N. Rao, (AC.), Siddhartha Chowdhury, (AC), Sudipto …
Supreme Court of India15 Feb 2018Full text
2018 INSC 150 · [2018] 10 S.C.R. 466
G 4. The object behind sending the summons is essentially threefold- First, it is to apprise the defendant about the filing of a case by the plaintiff against him; Second, to serve the defendant with the copy of the plaint filed against him; and Third, to inform the defendant about actual day, date, year, time and the …
Supreme Court of India15 Feb 2018Full text
2018 INSC 149 · [2018] 2 S.C.R. 644
– Parties are relegated to take recourse to the arbitration proceeding for adjudicating the disputes – Societies Registration Act, 1860. H 644 CHAIRMAN CUM MANAGING DIRECTOR, ENNORE PORT TRUST v. 645 V. MANOHARAN AND ORS. Allowing the appeals, the Court A HELD: 1.1 Having regard to the nature of the controversy raised …
Supreme Court of India15 Feb 2018Full text
2018 INSC 148 · [2018] 10 S.C.R. 375
to writ petitioners by the High Court – Additional compensation to writ petitioners at the rate 64.70% was already implemented by the State by paying compensation to all the landowners including the appellants without any contest – Therefore, the only question remained, whether the appellants are also entitled to claim…
Supreme Court of India15 Feb 2018Full text
2018 INSC 146 · [2018] 10 S.C.R. 451
SUNDARAM FINANCE LIMITED v. ABDUL SAMAD & ANR. 453 Balaji Srinivasan, Ms. Pratiksha Mishra, Mayank Khirsagar, A Vaishnavi Subrahmanyam, Abhishek Bharti, Advs. for the Appellant. Prashant Shukla, Pashupathi Nath Razdan, Osama Ahmad Abbasi, Ms. Anushree Mishra, Advs. for the Respondents. The Judgment of the Court was del…
Supreme Court of India15 Feb 2018Full text
2018 INSC 145 · [2018] 2 S.C.R. 636
is liable to be set aside – Even if the charge against respondent was proved, it was an action personal to him and would not amount to misconduct within the purview of the Conduct Regulations applicable to bank employees – Further, before the charge sheet was issued to respondent, he was placed in a higher category as …
Supreme Court of India15 Feb 2018Full text
2018 INSC 144 · [2018] 2 S.C.R. 537
consumer – High Court remanded the case to the Assessing Authority and directed the parties to abide by the provisions of ss.126/127 – Held: There is no reason to interfere with the judgment of the High Court, which is sustainable on facts – High Court while allowing the consumers’ writ petitions and, in consequence, s…
Supreme Court of India15 Feb 2018Full text
2018 INSC 143 · [2018] 2 S.C.R. 267
misconduct/charge on merits and straightaway proceeded to hold that it was a case of illegal retrenchment and hence the respondents’ termination is bad in law – High Court did not take note of any legal issues and cursorily dismissed the writ petition – The award of the Labour Court and the judgment of the High Court, …
Supreme Court of India15 Feb 2018Full text
2018 INSC 142 · [2018] 2 S.C.R. 548
case set up by the parties, the findings of the two Courts as to how they dealt with the issues arising in the case in their respective jurisdiction and without there being any discussion, appreciation, reasoning and categorical findings on the issues and why the findings of two Courts below deserve to be upheld or rev…
Supreme Court of India9 Jan 2018Full text
2018 INSC 14 · [2018] 1 S.C.R. 1147
National Honour Act, 1971 and to formulate executive instructions – State contended that till the Committee is looking into the matter, the mandatory order passed by the Court regarding playing of National Anthem in cinema Halls may be modified by making it directory – Held: The Committee appointed by the Central/Union…
Supreme Court of India13 Feb 2018Full text
2018 INSC 138 · [2018] 2 S.C.R. 991
1.2 On merits, as depicted in the comparative statement dated 19th December, 2006 signed by the Senior Helicopter C Engineer and Chief Pilot (H), on comparison of A-109 Power, B-247 and EC-135 T1, parameters of Delivery Schedule, Number of Aircrafts in India, Maintenance facility in India, Spares Inventory in India, Te…
Supreme Court of India13 Feb 2018Full text
2018 INSC 137 · [2018] 1 S.C.R. 1007
1007 1008 SUPREME COURT REPORTS [2018] 1 S.C.R. A Circulars/Government Orders/Notification: Circulars – Binding effect of – Held: The circulars that are issued by the Ministry of Finance are binding on the Department of Central Excise. Allowing the appeals, the Court HELD: 1. A reading of letter dated 18.3.2011 written…
Supreme Court of India12 Feb 2018Full text
2018 INSC 134 · [2018] 2 S.C.R. 261
Atmaram Nadkarni, ASG, Neeraj Kishan Kaul, Mukul Rohatgi, Sr. Advs. Kunal Vijani, Ms. Padhma Lakshmi Iyenger, Pranaya Goyal, Kingshuk Banerjee, Dr. Nishesh Sharma, Ms. Seema Bengani, Merusagar Samantray, Ms. Lhingneivah Gurmeet Singh Makker, Advs. Cfor the Respondents. The J…
Supreme Court of India12 Feb 2018Full text
2018 INSC 133 · [2018] 1 S.C.R. 641
GUJARAT unnatural death to the police. It is also not the case of the A complainant that he had requested for post-mortem of the body and that intimation should have been given to the police before the last rites were performed. In the above facts and circumstances, the Sessions Court is not justified in convicting the…
Supreme Court of India12 Feb 2018Full text
2018 INSC 131 · [2018] 2 S.C.R. 783
3. Delhi High Court, therefore, correctly observed that prior E to introduction of Section 14A of the Act, the law was that when an assessee had a composite and indivisible business which had elements of both taxable and non-taxable income, the entire expenditure in respect of said business was deductible and, in such …
Supreme Court of India12 Feb 2018Full text
2018 INSC 130 · [2018] 1 S.C.R. 460
expiry of 33 months – Subsequent events. Disposing of the appeals, the Court HELD: 1.1 “Sail Scheme for Leasing of Houses to Employees, 2002” was valid for a period of three months. The H 460 STEEL AUTHORITY OF INDIA LTD. v. CHOUDHARY 461 TILOTAMA DAS operation of it had not been extended. Under the said Scheme of A 20…
Supreme Court of India9 Jan 2018Full text
2018 INSC 13 · [2018] 1 S.C.R. 679
any reasons he may have to urge against his dismissal/removal from service – In the present case, such an opportunity was given to appellant – Appellant got enrolment by playing a fraud – Fraud vitiates the entire action – A person having done wrong cannot take advantage of his own wrong – Authorities were well within …
Supreme Court of India9 Feb 2018Full text
2018 INSC 129 · [2018] 2 S.C.R. 620
622 SUPREME COURT REPORTS [2018] 2 S.C.R. A Ms. Rekha Rastogi, Pranab Kumar Mullick, Mrs. Soma Mullick, Sebat Kumar Devria, Advs. for the Appellant. Ms. Garima Prashad, Adv. for the Respondent. The Judgment of the Court was delivered by B A. M. KHANWILKAR, J. 1. The present appeals take exception to the judgment of the…
Supreme Court of India9 Feb 2018Full text
2018 INSC 128 · [2018] 1 S.C.R. 626
628 SUPREME COURT REPORTS [2018] 1 S.C.R. A Bimlesh Kumar Singh, Ms. Anjali Sharma, Advs. for the Appellants. Ms. Amrreeta Swaarup, Adv. for the Respondents. The Judgment of the Court was delivered by A. M. KHANWILKAR, J. 1. These appeals take exception to B the judgment and order dated 1st February, 2016 passed by the…
Supreme Court of India9 Feb 2018Full text
2018 INSC 127 · [2018] 2 S.C.R. 629
D 1.2 The compensation awarded by the High Court is enhanced from Rs.5,01,500/- to Rs.6,74,300/- [Rupees six lakh seventy four thousand three hundred only]. The respondent Transport Corporation is directed to deposit the entire award amount as indicated above with interest at 9% (nine percent) E per annum less the amou…
Also on Law on Tips: Bare Acts · Legal news and analysis
2018 INSC 150 · [2018] 10 S.C.R. 466
G 4. The object behind sending the summons is essentially threefold- First, it is to apprise the defendant about the filing of a case by the plaintiff against him; Second, to serve the defendant with the copy of the plaint filed against him; and Third, to inform the defendant about actual day, date, year, time and the …
Supreme Court of India15 Feb 2018Full text
2018 INSC 149 · [2018] 2 S.C.R. 644
– Parties are relegated to take recourse to the arbitration proceeding for adjudicating the disputes – Societies Registration Act, 1860. H 644 CHAIRMAN CUM MANAGING DIRECTOR, ENNORE PORT TRUST v. 645 V. MANOHARAN AND ORS. Allowing the appeals, the Court A HELD: 1.1 Having regard to the nature of the controversy raised …
Supreme Court of India15 Feb 2018Full text
2018 INSC 148 · [2018] 10 S.C.R. 375
to writ petitioners by the High Court – Additional compensation to writ petitioners at the rate 64.70% was already implemented by the State by paying compensation to all the landowners including the appellants without any contest – Therefore, the only question remained, whether the appellants are also entitled to claim…
Supreme Court of India15 Feb 2018Full text
2018 INSC 146 · [2018] 10 S.C.R. 451
SUNDARAM FINANCE LIMITED v. ABDUL SAMAD & ANR. 453 Balaji Srinivasan, Ms. Pratiksha Mishra, Mayank Khirsagar, A Vaishnavi Subrahmanyam, Abhishek Bharti, Advs. for the Appellant. Prashant Shukla, Pashupathi Nath Razdan, Osama Ahmad Abbasi, Ms. Anushree Mishra, Advs. for the Respondents. The Judgment of the Court was del…
Supreme Court of India15 Feb 2018Full text
2018 INSC 145 · [2018] 2 S.C.R. 636
is liable to be set aside – Even if the charge against respondent was proved, it was an action personal to him and would not amount to misconduct within the purview of the Conduct Regulations applicable to bank employees – Further, before the charge sheet was issued to respondent, he was placed in a higher category as …
Supreme Court of India15 Feb 2018Full text
2018 INSC 144 · [2018] 2 S.C.R. 537
consumer – High Court remanded the case to the Assessing Authority and directed the parties to abide by the provisions of ss.126/127 – Held: There is no reason to interfere with the judgment of the High Court, which is sustainable on facts – High Court while allowing the consumers’ writ petitions and, in consequence, s…
Supreme Court of India15 Feb 2018Full text
2018 INSC 143 · [2018] 2 S.C.R. 267
misconduct/charge on merits and straightaway proceeded to hold that it was a case of illegal retrenchment and hence the respondents’ termination is bad in law – High Court did not take note of any legal issues and cursorily dismissed the writ petition – The award of the Labour Court and the judgment of the High Court, …
Supreme Court of India15 Feb 2018Full text
2018 INSC 142 · [2018] 2 S.C.R. 548
case set up by the parties, the findings of the two Courts as to how they dealt with the issues arising in the case in their respective jurisdiction and without there being any discussion, appreciation, reasoning and categorical findings on the issues and why the findings of two Courts below deserve to be upheld or rev…
Supreme Court of India9 Jan 2018Full text
2018 INSC 14 · [2018] 1 S.C.R. 1147
National Honour Act, 1971 and to formulate executive instructions – State contended that till the Committee is looking into the matter, the mandatory order passed by the Court regarding playing of National Anthem in cinema Halls may be modified by making it directory – Held: The Committee appointed by the Central/Union…
Supreme Court of India13 Feb 2018Full text
2018 INSC 138 · [2018] 2 S.C.R. 991
1.2 On merits, as depicted in the comparative statement dated 19th December, 2006 signed by the Senior Helicopter C Engineer and Chief Pilot (H), on comparison of A-109 Power, B-247 and EC-135 T1, parameters of Delivery Schedule, Number of Aircrafts in India, Maintenance facility in India, Spares Inventory in India, Te…
Supreme Court of India13 Feb 2018Full text
2018 INSC 137 · [2018] 1 S.C.R. 1007
1007 1008 SUPREME COURT REPORTS [2018] 1 S.C.R. A Circulars/Government Orders/Notification: Circulars – Binding effect of – Held: The circulars that are issued by the Ministry of Finance are binding on the Department of Central Excise. Allowing the appeals, the Court HELD: 1. A reading of letter dated 18.3.2011 written…
Supreme Court of India12 Feb 2018Full text
2018 INSC 134 · [2018] 2 S.C.R. 261
Atmaram Nadkarni, ASG, Neeraj Kishan Kaul, Mukul Rohatgi, Sr. Advs. Kunal Vijani, Ms. Padhma Lakshmi Iyenger, Pranaya Goyal, Kingshuk Banerjee, Dr. Nishesh Sharma, Ms. Seema Bengani, Merusagar Samantray, Ms. Lhingneivah Gurmeet Singh Makker, Advs. Cfor the Respondents. The J…
Supreme Court of India12 Feb 2018Full text
2018 INSC 133 · [2018] 1 S.C.R. 641
GUJARAT unnatural death to the police. It is also not the case of the A complainant that he had requested for post-mortem of the body and that intimation should have been given to the police before the last rites were performed. In the above facts and circumstances, the Sessions Court is not justified in convicting the…
Supreme Court of India12 Feb 2018Full text
2018 INSC 131 · [2018] 2 S.C.R. 783
3. Delhi High Court, therefore, correctly observed that prior E to introduction of Section 14A of the Act, the law was that when an assessee had a composite and indivisible business which had elements of both taxable and non-taxable income, the entire expenditure in respect of said business was deductible and, in such …
Supreme Court of India12 Feb 2018Full text
2018 INSC 130 · [2018] 1 S.C.R. 460
expiry of 33 months – Subsequent events. Disposing of the appeals, the Court HELD: 1.1 “Sail Scheme for Leasing of Houses to Employees, 2002” was valid for a period of three months. The H 460 STEEL AUTHORITY OF INDIA LTD. v. CHOUDHARY 461 TILOTAMA DAS operation of it had not been extended. Under the said Scheme of A 20…
Supreme Court of India9 Jan 2018Full text
2018 INSC 13 · [2018] 1 S.C.R. 679
any reasons he may have to urge against his dismissal/removal from service – In the present case, such an opportunity was given to appellant – Appellant got enrolment by playing a fraud – Fraud vitiates the entire action – A person having done wrong cannot take advantage of his own wrong – Authorities were well within …
Supreme Court of India9 Feb 2018Full text
2018 INSC 129 · [2018] 2 S.C.R. 620
622 SUPREME COURT REPORTS [2018] 2 S.C.R. A Ms. Rekha Rastogi, Pranab Kumar Mullick, Mrs. Soma Mullick, Sebat Kumar Devria, Advs. for the Appellant. Ms. Garima Prashad, Adv. for the Respondent. The Judgment of the Court was delivered by B A. M. KHANWILKAR, J. 1. The present appeals take exception to the judgment of the…
Supreme Court of India9 Feb 2018Full text
2018 INSC 128 · [2018] 1 S.C.R. 626
628 SUPREME COURT REPORTS [2018] 1 S.C.R. A Bimlesh Kumar Singh, Ms. Anjali Sharma, Advs. for the Appellants. Ms. Amrreeta Swaarup, Adv. for the Respondents. The Judgment of the Court was delivered by A. M. KHANWILKAR, J. 1. These appeals take exception to B the judgment and order dated 1st February, 2016 passed by the…
Supreme Court of India9 Feb 2018Full text
2018 INSC 127 · [2018] 2 S.C.R. 629
D 1.2 The compensation awarded by the High Court is enhanced from Rs.5,01,500/- to Rs.6,74,300/- [Rupees six lakh seventy four thousand three hundred only]. The respondent Transport Corporation is directed to deposit the entire award amount as indicated above with interest at 9% (nine percent) E per annum less the amou…
Also on Law on Tips: Bare Acts · Legal news and analysis