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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.
7,001–7,020 · Page 351 of 500
Supreme Court of India8 Sep 2017Full text
2017 INSC 877 · [2017] 11 S.C.R. 553
Dr. Surat Sin!Pi, Brajesh Kumar Singh, Amit P. Shaunak, Saurabh Agarwal, Ad vs. for the Petitioners. H MAHAVIR & ORS. v. UNJON OF INDIA & ANR. 555 The following Order of the Court was delivered: A ORDER l. Delay condoned. 2. There is a gross abuse of the process of law reflected in the instant case. In Raisena, Lutyen'…
Supreme Court of India8 Sep 2017Full text
2017 INSC 875 · [2017] 8 S.C.R. 653
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.
7,001–7,020 · Page 351 of 500
Supreme Court of India8 Sep 2017Full text
2017 INSC 877 · [2017] 11 S.C.R. 553
Dr. Surat Sin!Pi, Brajesh Kumar Singh, Amit P. Shaunak, Saurabh Agarwal, Ad vs. for the Petitioners. H MAHAVIR & ORS. v. UNJON OF INDIA & ANR. 555 The following Order of the Court was delivered: A ORDER l. Delay condoned. 2. There is a gross abuse of the process of law reflected in the instant case. In Raisena, Lutyen'…
Supreme Court of India8 Sep 2017Full text
2017 INSC 875 · [2017] 8 S.C.R. 653
653 654 SUPREME COURT REPORTS [2017] 8 S.C.R. A dated 4th September, 2008 (on the basis of which the High Court dismissed the writ petitions) was only a draft letter, it does not mean that this letter was fraudulently introduced by the Union of India. In the letter placed before the court, the word 'DGL' find mention. …
Supreme Court of India8 Sep 2017Full text
2017 INSC 874 · [2017] 9 S.C.R. 442
Code of Civil Proceedure: Order IX 1: 13 -Setting aside of ex-parte decree - Permissibility, after execution thereof - Held: Mere fact that ex-parte decree has been executed, does not entitle the defendant to get the decree set G aside. Restitution: Restitution can be granted only by the Court which passed the original…
Supreme Court of India8 Sep 2017Full text
2017 INSC 873 · [2017] 9 S.C.R. 496
- No reason was given by Competent Authority as to why it reiterated its earlier decision relying on the inconclusive view expressed by F the Hearing Committee, despite the fresh representation filed by the Petitioner - Impugned decision set aside -:- However. in the present case, deficiencies noted in the assessment r…
Supreme Court of India7 Sep 2017Full text
2017 INSC 871 · [2017] 8 S.C.R. 896
G Maharashtra Protection of Interest of Depositors (Jn Financial Establishments) Act, 1999 - ss. 4, 5, 7 and 14 - Overriding power - Effect of - FIR alleging that respondent fraudulently induced the complainant to part with Rs 2.74 crores by way of an investment - Pursuant thereto, offences registered under various pro…
Supreme Court of India7 Sep 2017Full text
2017 INSC 869 · [2017] 8 S.C.R. 649
~. F1!' CIVIL APPELLATE JURISDICTION : Civil Appeal No.9335 of2016.l From the final Judgment and Order dated 18.05.2016 passed by:I the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow .! .in Special Appeal No.406 of2014. G Samir Ali Khan, Sohaib, Alam, Amit Singh, Advs. for the Appellants. Mohd. Parvez Da…
Supreme Court of India7 Sep 2017Full text
2017 INSC 867 · [2017] 9 S.C.R. 380
Words & Phrases: "Lcrw" - Meaning of in the context of Or. VII r. 11 (d) CPC. Allowing the appeal, the Court G HELD: 1. The law laid down by this Court in *Ja/our Singh 's case is binding on all the Courts in the country by virtue of mandate of Article 141 of the Constitution. This Court, in no .uncertain terms, has la…
Supreme Court of India7 Sep 2017Full text
2017 INSC 865 · [2017] 8 S.C.R. 913
[2017] 8 S.C.R. 913 STATE THROUGH CENTRAL BUREAU OF INVESTIGATION, A SPECIAL CRIME BRANCH, MUMBAI, MAHARASHTRA v. SANVLO NAIK & ANR. (CriminalAppealNos.1610-1611 of2007) B SEPTEMBER 07, 2017 [RANJAN GOGOi AND NAVIN SINHA, JJ.J Appeal - State '.s appeal against acquittal - Accused-respondents were serving as Inspector J…
Supreme Court of India6 Sep 2017Full text
2017 INSC 862 · [2017] 9 S.C.R. 505
2.3 It is a settled principle of Hindu law that there lies a E legal presumption that every Hindu family is joint in food, worship and estate and in the absence of any proof of division, such legal presumption continues to operate in the family. The burden, therefore, lies upon the member who after admitting the existe…
Supreme Court of India5 Sep 2017Full text
2017 INSC 860 · [2017] 8 S.C.R. 269
269 270 SUPREME COURT REPORTS [2017] 8 S.C.R. A never taken place either de jure or de facto, it is clear that the civil court's jurisdiction to determine the said legal character is not barred either expressly or impliedly by any law - Family Courts Act, 1984 - ss. 7, 8 - Hindu Marriage Act, 1955 - Jurisdiction of civ…
Supreme Court of India31 Jan 2017Full text
2017 INSC 86 · [2017] 2 S.C.R. 331
Jaideep Gupta, Sr. Adv., Dinesh Mathur, Ms. Priyanka Bharti, (For Mis. Dua Associates), Advs. for the Appellant. Ms. Madhavi Divan, Sharavanth Paruchuri, (For Mis. M. F Rambabu & Co.), Raja! Nair (For Mukesh Kumar Maroria), Arvind Kumar Sharma, Advs. for the Respondents. The Judgment of the Court was delivered by KURIA…
Supreme Court of India5 Sep 2017Full text
2017 INSC 859 · [2017] 8 S.C.R. 1021
Disposing of the appeal, the Court HELD: 1. Even if the impugned order of the High Court is upheld, the respondents would still not be entitled to continue H 1021 1022 SUPREME COURT REPORTS [2017] 8 S.C.R. A any more on the post because their respective terms have come to an end by efflux of time during the pendency of…
Supreme Court of India5 Sep 2017Full text
2017 INSC 857 · [2017] 8 S.C.R. 982
982 MIS RAPTAKOS, BRETT & CO. LTD. v. MIS GANESH 983 PROPERTY 1.2 In the light of the above indisputable facts, the plaint A now filed cannot be considered as one disclosing a cause of action for maintaining a suit for mesne profits or damages for the same period. (Para 8) (988-D) 1.3 In the interim orders passed by th…
Supreme Court of India5 Sep 2017Full text
2017 INSC 855 · [2017] 9 S.C.R. 476
- Ttme. was granted to respondents to file wrilfen. statement initially before closing their right Ip file written staten1ent1 yet1i1e trial courtE instead of closing their right to file written swtement should have granted some· time to respondents subject to pay;nent of reasonable amount of cost to the apJ.ellant to …
Supreme Court of India5 Sep 2017Full text
2017 INSC 854 · [2017] 11 S.C.R. 526
Interpretation of Statutes - Tax Laws - Held: It is a settled rule of interpretation in relation to tax laws that a machinery B provision which enables the assessee to avail of a concession or benefit conferred by substantive provision in the Act, such provisions are required to be constn1ed liberal~v. Allowing the app…
Supreme Court of India5 Sep 2017Full text
2017 INSC 853 · [2017] 13 S.C.R. 456
3.1 While deciding issue regarding the 'suit in a F representative capacity', the Trial Court was expected to decide several material questions, namely, whether the plaintiff, who is a juristic person, i.e., "Society" is entitled to invoke the provisions of Order 1 Rule 8 of the Code for filing a suit in a "representat…
Supreme Court of India5 Sep 2017Full text
2017 INSC 852 · [2017] 14 S.C.R. 590
Doctrines/Principles - Principle of "legislation by incorporation" - s. 27-A of the 1957 Act provides a remedy of appealF to the High Court against the order of ITAT and is pari materia to s. l 00. CPC. 1908 - Held: Section 100. CPC is bodily !(fled from the Code and incorporated in s.27-A of the 1957 Act with minor ad…
Supreme Court of India5 Sep 2017Full text
2017 INSC 851 · [2017] 9 S.C.R. 715
715 716 SUPREME COURT REPORTS [2017] 9 S.C.R. A send its Inspecting Team to the Petitioner-College to consider the grant of renewal of LOP for the academic session 2018-2019 -Matter be placed for fiirther consideration - Indian Medical Council Act, 1956 - Section JOA (4) - Establishment of Medical College Regulations, …
Supreme Court of India5 Sep 2017Full text
2017 INSC 850 · [2017] 14 S.C.R. 569
HELD: 1.1 On the basis of the order dated 9.12.2004, the E respondent functioned as the official Superintendent Grade II. While he was officiating on the said post, he was promoted on officiating basis to function in the post of Superintendent Grade I by order dated 26.5.2007.The orders dated 09.12.2004 and 26.05.2007 …
Supreme Court of India4 Sep 2017Full text
2017 INSC 847 · [2017] 8 S.C.R. 642
H 642 SHALU OJHA v. PRASHANT OJHA 643 CRIMINAL APPELLATE JURISDICTION: Special Leave A Petition (Criminal) No.3935 of2016. From the final Judgment and Order dated 13.02.2015 passed by the Additional Session Judge, North West District Court, Rohini, New Delhi in C.A. No.75/2014. B Shalu Ojha (petitioner-in-person). Same…
Also on Law on Tips: Bare Acts · Legal news and analysis
653 654 SUPREME COURT REPORTS [2017] 8 S.C.R. A dated 4th September, 2008 (on the basis of which the High Court dismissed the writ petitions) was only a draft letter, it does not mean that this letter was fraudulently introduced by the Union of India. In the letter placed before the court, the word 'DGL' find mention. …
Supreme Court of India8 Sep 2017Full text
2017 INSC 874 · [2017] 9 S.C.R. 442
Code of Civil Proceedure: Order IX 1: 13 -Setting aside of ex-parte decree - Permissibility, after execution thereof - Held: Mere fact that ex-parte decree has been executed, does not entitle the defendant to get the decree set G aside. Restitution: Restitution can be granted only by the Court which passed the original…
Supreme Court of India8 Sep 2017Full text
2017 INSC 873 · [2017] 9 S.C.R. 496
- No reason was given by Competent Authority as to why it reiterated its earlier decision relying on the inconclusive view expressed by F the Hearing Committee, despite the fresh representation filed by the Petitioner - Impugned decision set aside -:- However. in the present case, deficiencies noted in the assessment r…
Supreme Court of India7 Sep 2017Full text
2017 INSC 871 · [2017] 8 S.C.R. 896
G Maharashtra Protection of Interest of Depositors (Jn Financial Establishments) Act, 1999 - ss. 4, 5, 7 and 14 - Overriding power - Effect of - FIR alleging that respondent fraudulently induced the complainant to part with Rs 2.74 crores by way of an investment - Pursuant thereto, offences registered under various pro…
Supreme Court of India7 Sep 2017Full text
2017 INSC 869 · [2017] 8 S.C.R. 649
~. F1!' CIVIL APPELLATE JURISDICTION : Civil Appeal No.9335 of2016.l From the final Judgment and Order dated 18.05.2016 passed by:I the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow .! .in Special Appeal No.406 of2014. G Samir Ali Khan, Sohaib, Alam, Amit Singh, Advs. for the Appellants. Mohd. Parvez Da…
Supreme Court of India7 Sep 2017Full text
2017 INSC 867 · [2017] 9 S.C.R. 380
Words & Phrases: "Lcrw" - Meaning of in the context of Or. VII r. 11 (d) CPC. Allowing the appeal, the Court G HELD: 1. The law laid down by this Court in *Ja/our Singh 's case is binding on all the Courts in the country by virtue of mandate of Article 141 of the Constitution. This Court, in no .uncertain terms, has la…
Supreme Court of India7 Sep 2017Full text
2017 INSC 865 · [2017] 8 S.C.R. 913
[2017] 8 S.C.R. 913 STATE THROUGH CENTRAL BUREAU OF INVESTIGATION, A SPECIAL CRIME BRANCH, MUMBAI, MAHARASHTRA v. SANVLO NAIK & ANR. (CriminalAppealNos.1610-1611 of2007) B SEPTEMBER 07, 2017 [RANJAN GOGOi AND NAVIN SINHA, JJ.J Appeal - State '.s appeal against acquittal - Accused-respondents were serving as Inspector J…
Supreme Court of India6 Sep 2017Full text
2017 INSC 862 · [2017] 9 S.C.R. 505
2.3 It is a settled principle of Hindu law that there lies a E legal presumption that every Hindu family is joint in food, worship and estate and in the absence of any proof of division, such legal presumption continues to operate in the family. The burden, therefore, lies upon the member who after admitting the existe…
Supreme Court of India5 Sep 2017Full text
2017 INSC 860 · [2017] 8 S.C.R. 269
269 270 SUPREME COURT REPORTS [2017] 8 S.C.R. A never taken place either de jure or de facto, it is clear that the civil court's jurisdiction to determine the said legal character is not barred either expressly or impliedly by any law - Family Courts Act, 1984 - ss. 7, 8 - Hindu Marriage Act, 1955 - Jurisdiction of civ…
Supreme Court of India31 Jan 2017Full text
2017 INSC 86 · [2017] 2 S.C.R. 331
Jaideep Gupta, Sr. Adv., Dinesh Mathur, Ms. Priyanka Bharti, (For Mis. Dua Associates), Advs. for the Appellant. Ms. Madhavi Divan, Sharavanth Paruchuri, (For Mis. M. F Rambabu & Co.), Raja! Nair (For Mukesh Kumar Maroria), Arvind Kumar Sharma, Advs. for the Respondents. The Judgment of the Court was delivered by KURIA…
Supreme Court of India5 Sep 2017Full text
2017 INSC 859 · [2017] 8 S.C.R. 1021
Disposing of the appeal, the Court HELD: 1. Even if the impugned order of the High Court is upheld, the respondents would still not be entitled to continue H 1021 1022 SUPREME COURT REPORTS [2017] 8 S.C.R. A any more on the post because their respective terms have come to an end by efflux of time during the pendency of…
Supreme Court of India5 Sep 2017Full text
2017 INSC 857 · [2017] 8 S.C.R. 982
982 MIS RAPTAKOS, BRETT & CO. LTD. v. MIS GANESH 983 PROPERTY 1.2 In the light of the above indisputable facts, the plaint A now filed cannot be considered as one disclosing a cause of action for maintaining a suit for mesne profits or damages for the same period. (Para 8) (988-D) 1.3 In the interim orders passed by th…
Supreme Court of India5 Sep 2017Full text
2017 INSC 855 · [2017] 9 S.C.R. 476
- Ttme. was granted to respondents to file wrilfen. statement initially before closing their right Ip file written staten1ent1 yet1i1e trial courtE instead of closing their right to file written swtement should have granted some· time to respondents subject to pay;nent of reasonable amount of cost to the apJ.ellant to …
Supreme Court of India5 Sep 2017Full text
2017 INSC 854 · [2017] 11 S.C.R. 526
Interpretation of Statutes - Tax Laws - Held: It is a settled rule of interpretation in relation to tax laws that a machinery B provision which enables the assessee to avail of a concession or benefit conferred by substantive provision in the Act, such provisions are required to be constn1ed liberal~v. Allowing the app…
Supreme Court of India5 Sep 2017Full text
2017 INSC 853 · [2017] 13 S.C.R. 456
3.1 While deciding issue regarding the 'suit in a F representative capacity', the Trial Court was expected to decide several material questions, namely, whether the plaintiff, who is a juristic person, i.e., "Society" is entitled to invoke the provisions of Order 1 Rule 8 of the Code for filing a suit in a "representat…
Supreme Court of India5 Sep 2017Full text
2017 INSC 852 · [2017] 14 S.C.R. 590
Doctrines/Principles - Principle of "legislation by incorporation" - s. 27-A of the 1957 Act provides a remedy of appealF to the High Court against the order of ITAT and is pari materia to s. l 00. CPC. 1908 - Held: Section 100. CPC is bodily !(fled from the Code and incorporated in s.27-A of the 1957 Act with minor ad…
Supreme Court of India5 Sep 2017Full text
2017 INSC 851 · [2017] 9 S.C.R. 715
715 716 SUPREME COURT REPORTS [2017] 9 S.C.R. A send its Inspecting Team to the Petitioner-College to consider the grant of renewal of LOP for the academic session 2018-2019 -Matter be placed for fiirther consideration - Indian Medical Council Act, 1956 - Section JOA (4) - Establishment of Medical College Regulations, …
Supreme Court of India5 Sep 2017Full text
2017 INSC 850 · [2017] 14 S.C.R. 569
HELD: 1.1 On the basis of the order dated 9.12.2004, the E respondent functioned as the official Superintendent Grade II. While he was officiating on the said post, he was promoted on officiating basis to function in the post of Superintendent Grade I by order dated 26.5.2007.The orders dated 09.12.2004 and 26.05.2007 …
Supreme Court of India4 Sep 2017Full text
2017 INSC 847 · [2017] 8 S.C.R. 642
H 642 SHALU OJHA v. PRASHANT OJHA 643 CRIMINAL APPELLATE JURISDICTION: Special Leave A Petition (Criminal) No.3935 of2016. From the final Judgment and Order dated 13.02.2015 passed by the Additional Session Judge, North West District Court, Rohini, New Delhi in C.A. No.75/2014. B Shalu Ojha (petitioner-in-person). Same…
Also on Law on Tips: Bare Acts · Legal news and analysis