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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.
7,161–7,180 · Page 359 of 500
Supreme Court of India14 Jul 2017Full text
2017 INSC 621 · [2017] 8 S.C.R. 109
HELD: 1.1 It would be patent from the materials on record that the evidence with regard to the demand of illegal gratification either of Rs.3,000/- which had been paid or of Rs.2,000/- as made on the day of trap operation is wholly inadequate to comply with the pre-requisites to constitute the ingredients of the offenc…
Supreme Court of India14 Jul 2017Full 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.
7,161–7,180 · Page 359 of 500
Supreme Court of India14 Jul 2017Full text
2017 INSC 621 · [2017] 8 S.C.R. 109
HELD: 1.1 It would be patent from the materials on record that the evidence with regard to the demand of illegal gratification either of Rs.3,000/- which had been paid or of Rs.2,000/- as made on the day of trap operation is wholly inadequate to comply with the pre-requisites to constitute the ingredients of the offenc…
Supreme Court of India14 Jul 2017Full text
2017 INSC 620 · [2017] 11 S.C.R. 363
Administration of Justice - Fake encounter killings - Petition al the instance of third party, next of the kin having lhemse/ves given a quietus to the incidents - Maintainability of-Held: It cannot Fbe said that the Court cannot take up the issue at the instance of a third parzv - Access to justice is certainly a huma…
Supreme Court of India14 Jul 2017Full text
2017 INSC 618 · [2017] 6 S.C.R. 356
- 'Domestic relationship' as defined u/s. 2(/) refers to two persons who have lived together in a 'shared household' - On facts, D respondent never stayed with the appellant in the premises in which she was directed to be inducted - In order for the respondent to succeed, it was necessary that the two parties had lived…
Supreme Court of India14 Jul 2017Full text
2017 INSC 617 · [2017] 6 S.C.R. 462
Syed Mehdi Imam, Uzmi Jamil Husain, Mohd. Parvez Dabas, Shakil Ahmed Syed, Advs. for the Appellant. Ajay Singh, Dr. Nafis A. Siddiqui, Amit Anand Tiwari, D Ms. Vishakha, Advs. for the Respondents. The Judgment of the Court was delivered by ASHOK BHUSHAN, J. I. Leave granted. 2. This appeal has been filed against the ju…
Supreme Court of India13 Jul 2017Full text
2017 INSC 616 · [2017] 5 S.C.R. 1005
LAUREL ENERGETICS PVT. LTD. v. SECURITIES AND 1007 EXCHANGE BOARD OF INDIA veil is to be lifted, the regulation itself specifically so states. (Paras A 19-21] [1014-F-G; 1015-A-EI 1.3 It is not possible to construe the regulation in the light of its object, when the words used are clear. This statement of the law is of…
Supreme Court of India13 Jul 2017Full text
2017 INSC 615 · [2017] 9 S.C.R. 544
Arts. 226 and 227-,- Order by this Court that any prayer for stay or impeding the progress in the investigation/trial of the coal block a/location cases to be made only to this Court - Case of the G appellants that order passed by this Court prohibited them from approaching the High Court u/Arts. 226 and 227 - Held: Ju…
Supreme Court of India13 Jul 2017Full text
2017 INSC 614 · [2017] 6 S.C.R. 543
Raj Kumar v. Ajay Kumar & Anr. (2011) 1 SCC 343 : (2010) 13 SCR 179; Sandeep Khanuja v. Atul Dande & Anr. (2017) 2 SCALE 314 - referred to. G Sar/a Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr. (2009) 6 SCC 121 : [2009] 5 SCR 1098 - relied on. H 543 544 SUPREME COURT REPORTS [2017) 6 S.C.R. A Case Law Refer…
Supreme Court of India13 Jul 2017Full text
2017 INSC 611 · [2017] 6 S.C.R. 407
- Respondent appears to be a doubtful e1Jfity - Case made out for setting aside the ex parte decree - Suit be heard on merits - Specific E performance. Allowing the appeal, the Court Held: 1. The first curious incident took place when an advocate Commissioner was sent to examine the tenanted premises. In a suit filed b…
Supreme Court of India11 Jul 2017Full text
2017 INSC 609 · [2017] 7 S.C.R. 369
370 SUPREME COURT REPORTS [2017] 7 S.C.R. A inter-sectoral roads within the city from state highways to major district roads - Therefore exercise carried out by Chandigarh Administration did not breach these directions - It was neither in violation of the terms of the order nor of the purpose and intendment behind thos…
Supreme Court of India11 Jul 2017Full text
2017 INSC 606 · [2017] 8 S.C.R. 198
H 198 PUNJAB STATE CIVIL SUPPLIES CORP. LTD. v. MIS ATWAL 199 RICE & GENERAL MILLS REP. BY ITS PARTNERS Execution petition - Execution of decree by execution A. court - Held: Execution court has· to execute the decree as it is and it cannot go behind the decree - Also, executing court cannot hold any kind of factual in…
Supreme Court of India11 Jul 2017Full text
2017 INSC 605 · [2017] 6 S.C.R. 498
4 [2017] 6 S.C.R. 498 A THE MANAGER, CORPORATE EDUCATIONAL AGENCY v. JAMES MATHEW & ORS. (Civil Appeal Nos. 826-827 of 2017) B JULYII,2017 [KURIAN JOSEPH AND R. BANUMATHI, JJ.] Education/Educational institutions: Minority Institutions - Appointment of Headmaster -c Appellant-Minoritychoice belonging toInstitutionstheir…
Supreme Court of India11 Jul 2017Full text
2017 INSC 604 · [2017] 7 S.C.R. 872
HELD: 1. In a suit by the landlord for eviction of the tenant F on the ground of sub-letting, the landlord has to prove by leading evidence that (a) A third party was found to be in exclusive possession of the whole or part of rented property. (b) Parting of possession thereof was for monetary consideration. The onus t…
Supreme Court of India11 Jul 2017Full text
2017 INSC 602 · [2017] 6 S.C.R. 353
Dismissing the appeal, the Court HELD: The High Court considered the statements made E on behalf of the Respondent to hold that there was no material on record to establish that the units had paid an amount more than what was mentioned in the CIF value or purchase vouchers and merely because the sellers from whom the u…
Supreme Court of India2 Jan 2017Full text
2017 INSC 6 · [2017] 1 S.C.R. 305
The Court: HELD: 1.1 The criticism that the rate of disposal method D places an incentive on lower disposals in certain courts has its own limitations. A lower rate of disposal may not necessarily reflect upon the efficiency with which a judge has conducted the court. Trials are held up because of a paucity of public p…
Supreme Court of India10 Jul 2017Full text
2017 INSC 597 · [2017] 6 S.C.R. 393
1. All industrial units that have come up in residential/non-conforming areas in Delhi on or after 1-8-1990 shall close down and stop operating as per the following schedule: F (a) Industrial units pertaining to extensive industries ('F' category) - within a period of four months. (b) Industrial units pertaining to lig…
Supreme Court of India10 Jul 2017Full text
2017 INSC 596 · [2017] 7 S.C.R. 349
F Dismissing the appeals, the Court HELD: 1.1 The OMs, which generally provide for the benefit of service rendered in the previous cadre in an equivalent post on being absorbed in another department would not apply to a case where the absorption is on specified terms and conditions with the benefit of such past service…
Supreme Court of India7 Jul 2017Full text
2017 INSC 595 · [2017] 6 S.C.R. 335
VITHAL RAO & ANR. ETC. v. THE SPECIAL LAND 337 ACQUISITION OFFICER Chimanlal Hargovinddas v. Special Land Acquisition A Officer, Poona & Anr. (1988) 3 SCC 751: [1988) 1 Suppl. SCR 531; Union of India v. Raj Kumar Bagha! Singh (Dead) Through Legal Representatives & Ors. (2014) 10 SCC 422: [2014) 7 SCR 709; Trisha/a Jain…
Supreme Court of India7 Jul 2017Full text
2017 INSC 594 · [2017] 8 S.C.R. 177
G Art. 13 7 - Power of review - Scope and ambit of.-Explained - Or. 40 r. 1 - Supreme Court Rules, 1966. Evidence Act, 1872 - s. 65B - Admissibility of electronic records -Reliance on the tape recorded conversation - Requirement of certificate u/s. 65B - Held: For admission of secondary evidence H 177 178 SUPREME COURT…
Supreme Court of India6 Jul 2017Full text
2017 INSC 593 · [2017] 6 S.C.R. 533
Allowing the appeal, the Court HELD: 1.1 On reading Section 27(5) of the Arbitration F and Conciliation Act, 1996 literally, persons failing to attend in accordance with the court process fall under a separate category from "any other default". Further, the Section is not confined to a person being guilty of contempt o…
Supreme Court of India6 Jul 2017Full text
2017 INSC 592 · [2017] 7 S.C.R. 238
Sadhu Saran Singh v. State of Uttar Pradesh & Ors. F (2016) 4 SCC 357 : [2016] 1 SCR 913; Hare Krishna Singh & Ors. v. State ofBihar (1988) 2 SCC 95 : [1988] 3 SCR 1; Appabhai & Anr: v. State of Gujarat (1988) Suppl. SCC 241; State of Andhra Pradesh v. Punati Ramulu & Ors. AIR 1993 SC 2644 : [1994] 1 Suppl. . G SCC 590…
Also on Law on Tips: Bare Acts · Legal news and analysis
2017 INSC 620 · [2017] 11 S.C.R. 363
Administration of Justice - Fake encounter killings - Petition al the instance of third party, next of the kin having lhemse/ves given a quietus to the incidents - Maintainability of-Held: It cannot Fbe said that the Court cannot take up the issue at the instance of a third parzv - Access to justice is certainly a huma…
Supreme Court of India14 Jul 2017Full text
2017 INSC 618 · [2017] 6 S.C.R. 356
- 'Domestic relationship' as defined u/s. 2(/) refers to two persons who have lived together in a 'shared household' - On facts, D respondent never stayed with the appellant in the premises in which she was directed to be inducted - In order for the respondent to succeed, it was necessary that the two parties had lived…
Supreme Court of India14 Jul 2017Full text
2017 INSC 617 · [2017] 6 S.C.R. 462
Syed Mehdi Imam, Uzmi Jamil Husain, Mohd. Parvez Dabas, Shakil Ahmed Syed, Advs. for the Appellant. Ajay Singh, Dr. Nafis A. Siddiqui, Amit Anand Tiwari, D Ms. Vishakha, Advs. for the Respondents. The Judgment of the Court was delivered by ASHOK BHUSHAN, J. I. Leave granted. 2. This appeal has been filed against the ju…
Supreme Court of India13 Jul 2017Full text
2017 INSC 616 · [2017] 5 S.C.R. 1005
LAUREL ENERGETICS PVT. LTD. v. SECURITIES AND 1007 EXCHANGE BOARD OF INDIA veil is to be lifted, the regulation itself specifically so states. (Paras A 19-21] [1014-F-G; 1015-A-EI 1.3 It is not possible to construe the regulation in the light of its object, when the words used are clear. This statement of the law is of…
Supreme Court of India13 Jul 2017Full text
2017 INSC 615 · [2017] 9 S.C.R. 544
Arts. 226 and 227-,- Order by this Court that any prayer for stay or impeding the progress in the investigation/trial of the coal block a/location cases to be made only to this Court - Case of the G appellants that order passed by this Court prohibited them from approaching the High Court u/Arts. 226 and 227 - Held: Ju…
Supreme Court of India13 Jul 2017Full text
2017 INSC 614 · [2017] 6 S.C.R. 543
Raj Kumar v. Ajay Kumar & Anr. (2011) 1 SCC 343 : (2010) 13 SCR 179; Sandeep Khanuja v. Atul Dande & Anr. (2017) 2 SCALE 314 - referred to. G Sar/a Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr. (2009) 6 SCC 121 : [2009] 5 SCR 1098 - relied on. H 543 544 SUPREME COURT REPORTS [2017) 6 S.C.R. A Case Law Refer…
Supreme Court of India13 Jul 2017Full text
2017 INSC 611 · [2017] 6 S.C.R. 407
- Respondent appears to be a doubtful e1Jfity - Case made out for setting aside the ex parte decree - Suit be heard on merits - Specific E performance. Allowing the appeal, the Court Held: 1. The first curious incident took place when an advocate Commissioner was sent to examine the tenanted premises. In a suit filed b…
Supreme Court of India11 Jul 2017Full text
2017 INSC 609 · [2017] 7 S.C.R. 369
370 SUPREME COURT REPORTS [2017] 7 S.C.R. A inter-sectoral roads within the city from state highways to major district roads - Therefore exercise carried out by Chandigarh Administration did not breach these directions - It was neither in violation of the terms of the order nor of the purpose and intendment behind thos…
Supreme Court of India11 Jul 2017Full text
2017 INSC 606 · [2017] 8 S.C.R. 198
H 198 PUNJAB STATE CIVIL SUPPLIES CORP. LTD. v. MIS ATWAL 199 RICE & GENERAL MILLS REP. BY ITS PARTNERS Execution petition - Execution of decree by execution A. court - Held: Execution court has· to execute the decree as it is and it cannot go behind the decree - Also, executing court cannot hold any kind of factual in…
Supreme Court of India11 Jul 2017Full text
2017 INSC 605 · [2017] 6 S.C.R. 498
4 [2017] 6 S.C.R. 498 A THE MANAGER, CORPORATE EDUCATIONAL AGENCY v. JAMES MATHEW & ORS. (Civil Appeal Nos. 826-827 of 2017) B JULYII,2017 [KURIAN JOSEPH AND R. BANUMATHI, JJ.] Education/Educational institutions: Minority Institutions - Appointment of Headmaster -c Appellant-Minoritychoice belonging toInstitutionstheir…
Supreme Court of India11 Jul 2017Full text
2017 INSC 604 · [2017] 7 S.C.R. 872
HELD: 1. In a suit by the landlord for eviction of the tenant F on the ground of sub-letting, the landlord has to prove by leading evidence that (a) A third party was found to be in exclusive possession of the whole or part of rented property. (b) Parting of possession thereof was for monetary consideration. The onus t…
Supreme Court of India11 Jul 2017Full text
2017 INSC 602 · [2017] 6 S.C.R. 353
Dismissing the appeal, the Court HELD: The High Court considered the statements made E on behalf of the Respondent to hold that there was no material on record to establish that the units had paid an amount more than what was mentioned in the CIF value or purchase vouchers and merely because the sellers from whom the u…
Supreme Court of India2 Jan 2017Full text
2017 INSC 6 · [2017] 1 S.C.R. 305
The Court: HELD: 1.1 The criticism that the rate of disposal method D places an incentive on lower disposals in certain courts has its own limitations. A lower rate of disposal may not necessarily reflect upon the efficiency with which a judge has conducted the court. Trials are held up because of a paucity of public p…
Supreme Court of India10 Jul 2017Full text
2017 INSC 597 · [2017] 6 S.C.R. 393
1. All industrial units that have come up in residential/non-conforming areas in Delhi on or after 1-8-1990 shall close down and stop operating as per the following schedule: F (a) Industrial units pertaining to extensive industries ('F' category) - within a period of four months. (b) Industrial units pertaining to lig…
Supreme Court of India10 Jul 2017Full text
2017 INSC 596 · [2017] 7 S.C.R. 349
F Dismissing the appeals, the Court HELD: 1.1 The OMs, which generally provide for the benefit of service rendered in the previous cadre in an equivalent post on being absorbed in another department would not apply to a case where the absorption is on specified terms and conditions with the benefit of such past service…
Supreme Court of India7 Jul 2017Full text
2017 INSC 595 · [2017] 6 S.C.R. 335
VITHAL RAO & ANR. ETC. v. THE SPECIAL LAND 337 ACQUISITION OFFICER Chimanlal Hargovinddas v. Special Land Acquisition A Officer, Poona & Anr. (1988) 3 SCC 751: [1988) 1 Suppl. SCR 531; Union of India v. Raj Kumar Bagha! Singh (Dead) Through Legal Representatives & Ors. (2014) 10 SCC 422: [2014) 7 SCR 709; Trisha/a Jain…
Supreme Court of India7 Jul 2017Full text
2017 INSC 594 · [2017] 8 S.C.R. 177
G Art. 13 7 - Power of review - Scope and ambit of.-Explained - Or. 40 r. 1 - Supreme Court Rules, 1966. Evidence Act, 1872 - s. 65B - Admissibility of electronic records -Reliance on the tape recorded conversation - Requirement of certificate u/s. 65B - Held: For admission of secondary evidence H 177 178 SUPREME COURT…
Supreme Court of India6 Jul 2017Full text
2017 INSC 593 · [2017] 6 S.C.R. 533
Allowing the appeal, the Court HELD: 1.1 On reading Section 27(5) of the Arbitration F and Conciliation Act, 1996 literally, persons failing to attend in accordance with the court process fall under a separate category from "any other default". Further, the Section is not confined to a person being guilty of contempt o…
Supreme Court of India6 Jul 2017Full text
2017 INSC 592 · [2017] 7 S.C.R. 238
Sadhu Saran Singh v. State of Uttar Pradesh & Ors. F (2016) 4 SCC 357 : [2016] 1 SCR 913; Hare Krishna Singh & Ors. v. State ofBihar (1988) 2 SCC 95 : [1988] 3 SCR 1; Appabhai & Anr: v. State of Gujarat (1988) Suppl. SCC 241; State of Andhra Pradesh v. Punati Ramulu & Ors. AIR 1993 SC 2644 : [1994] 1 Suppl. . G SCC 590…
Also on Law on Tips: Bare Acts · Legal news and analysis