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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.
7,221–7,240 · Page 362 of 500
Supreme Court of India9 May 2017Full text
2017 INSC 461 · [2017] 5 S.C.R. 114
116 SUPREME COURT REPORTS [2017) 5 S.C.R. A himself alive to every facet and not act in a manner that will create a dent or hollowness in the election process. [Para 42) [145-E-H; 146-A] Vishwanatha Reddy v. Konappa Rudrappa Nadgouda AIR 1969. SC 604 : [1969) SCR 90 - followed. B Krishnamoorthyv. Sivakumar (2015) 3 SCC…
Supreme Court of India9 May 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.
7,221–7,240 · Page 362 of 500
Supreme Court of India9 May 2017Full text
2017 INSC 461 · [2017] 5 S.C.R. 114
116 SUPREME COURT REPORTS [2017) 5 S.C.R. A himself alive to every facet and not act in a manner that will create a dent or hollowness in the election process. [Para 42) [145-E-H; 146-A] Vishwanatha Reddy v. Konappa Rudrappa Nadgouda AIR 1969. SC 604 : [1969) SCR 90 - followed. B Krishnamoorthyv. Sivakumar (2015) 3 SCC…
Supreme Court of India9 May 2017Full text
2017 INSC 460 · [2017] 5 S.C.R. 337
[20 I 7] 5 S.C.R. 337 CONSORTIUM OF TITAGARH FIREMA ADLER S.P.A. - A TITAGARH WAGONS LTD. THROUGH AUTHORIZED SIGNATORY, TITAGARH TOWERS, 756, ANANDAPUR, E. M. BYPASS, KOLKATA- 700 I 07, WEST BENGAL v. B NAGPUR METRO RAIL CORPORATION LTD. (NMRCL) HAVING ITS HEAD OFFICE AT METRO HOUSE, BUNGALOW NO. 28/2, ANAND NAGAR, C.K…
Supreme Court of India9 May 2017Full text
2017 INSC 459 · [2017] 5 S.C.R. 488
- Held: Small Causes Court is a Civil court and proceedings before D it are legal proceedings - On the strength of s. 26 of 2005 Act, any relief available u/ss. 18 to 22 of 2005 Act can be sought by aggrieved person - Order L of CPC does not bar filing of counter-claim (under Or. VIII, r. 6A CPC) before Small Causes Co…
Supreme Court of India9 May 2017Full text
2017 INSC 458 · [2017] 5 S.C.R. 30
. [2017] 5 S.C.R. 30 A MIS. PARLE A6RO (P) LTD. v. COMMISSIONER OF COMMERCIAL TAXES, TR:IVANDRUM (Civil Appeal Nos. 6468-69 of 2017) B MAY09,2017 (A. K. SIKRI AND ASHOK BHUSHAN, JJ.) Kera/a Value Added Tax Act, ¥003: ! ss.6(l)(a) and 6(l)(d) - Classification of the procJuct 'Appy C Fizz'~. Whether u/s.6(1)(a)fas aerate…
Supreme Court of India9 May 2017Full text
2017 INSC 457 · [2017] 4 S.C.R. 20
[20 i 7] 4 S.C.R. 20 A RAJ DADARKAR & ASSOCIATES v. ACIT-CC-46' (Civil Appeal Nos. 6455-60of2017) B MAY09,2017 [A. K. SIKRI AND ASHOK BHUSHAN., JJ.] ' Income Tax Act, 1961: SS. 22 and 27(iiib) - Assessee firm took leasehold rights of c stilt area of a portion of a building in auction, on monthly licence -To .. run muni…
Supreme Court of India9 May 2017Full text
2017 INSC 455 · [2017] 9 S.C.R. 212
1 Judgment by the Bench of Jagdish Singh Khehar, CJ!, Dipak Misra, J Chelameswar, Ranjan Gogoi, Madan B. Lokur, Pinaki Chandra Ghose and Kurian Joseph, JJ. 2 Judgment by the Bench ofJ. Chelameswar·and Ranjan Gogoi, JJ. H 212 IN RE;••• • HON'BLE< • ' ' • SHRI.- Jusric.E•• - ' c. ••s: KARNAN• - , ' · · <.".:6....:·• ' c~…
Supreme Court of India8 May 2017Full text
2017 INSC 452 · [2017] 3 S.C.R. 630
- Separate charges for distinct offences must be framed separately and they cannot be clubbed together for more than one year - Thus, the di-der passed by the High Court is set aside_. Art. 20(2) - Scope of - Held: No person to be prosecuted G and punished for the same offence more than once - This is called docti·ine …
Supreme Court of India8 May 2017Full text
2017 INSC 451 · [2017] 3 S.C.R. 602
[2017] 3 S.C.R .. 602 A GODREJ & BOYCE MANUFACTURING COMPANY LIMITED v. DY. COMMISSIONER OF INCOME-TAX & ANR. (Civil Appeal No. 7020of2011) 8 MAYOS,2017 [RANJAN GOGOi AND ASHOK BHUSHAN, JJ.] Income Tax Act, 1961 - s. 14A - Expenditure incurred in relation to income not includible in total income - Phrase ''income c whi…
Supreme Court of India5 May 2017Full text
2017 INSC 450 · [2017] 4 S.C.R. 625
[2017] 4 S.C.R. 625 RE: EXPLOITATION OF CHILDREN lN ORPHANAGES lN THE A STATE OF TAMIL NADU v. UNION OF lNDIA & ORS. (Writ Petition (Criminal) No.102 of2007) B MAY05,2017 (MADAN B. LOKUR AND DEEPAK GUPTA, JJ.] Juvenile Justice (Care and Protection of Children) Act, 2015: s.2(14) - Children in need of care and protectio…
Supreme Court of India11 Jan 2017Full text
2017 INSC 45 · [2017] 1 S.C.R. 583
F Allowing the appeal, the Court HELD: 1. In terms of Article 134 of the Limitation Act, an application for delivery of possession by a purchaser of immovable property at a sale in execution of a decree has to be filed within a period of one year from the dute when the sale becomes absolute. GIn the present case, the s…
Supreme Court of India5 May 2017Full text
2017 INSC 448 · [2017] 6 S.C.R. 1
Sentence/Sentencing: G Death sentence - Mitigating and aggravating circumstances - Held: In the instant case, the mitigating factors highlighted by the appellants pertain to the strata to which these accused belong, the aged parents, marital status and the young children and the suffering they would go through and the …
Supreme Court of India5 May 2017Full text
2017 INSC 447 · [2017] 3 S.C.R. 962
E Interpretation of statutes - Leg_al fiction - Deeming provision - A legal fiction is not to be extended beyond the purpose for which it is created or beyond the language of the section by which it is created - Howeve1; once the purpose of the legal fiction is ascertained, full effect must be given, and it should be c…
Supreme Court of India4 May 2017Full text
2017 INSC 442 · [2017] 3 S.C.R. 927
The Judgment of the Court was delivered by PRAFULLA C. PANT, J. 1. Leave granted.E 2. The appellants, who are sister-in-law and brother-in-law of the deceased, have challenged the judgment and order dated 09.12.2016 passed by the High Court of Judicature at Patna in Criminal Appeal (SJ) No. 48 of 2014 whereby said Cour…
Supreme Court of India4 May 2017Full text
2017 INSC 439 · [2017] 3 S.C.R. 878
25) (883-H; 884-A-F) 2. The Tribu11:il does have jurisdiction to decide the D question arising in the suit filed by respondent No.6 and, therefore, the Tribunal rightly trh:d the suit on merits. The reasons are not far to seek. In the first place, the main question involved in the suit was whether the suit land is a Wa…
Supreme Court of India3 May 2017Full text
2017 INSC 436 · [2017] 3 S.C.R. 850
Death sentence - Plea of review petitioner that in the light of principles laid down in Bachan Singh, mitigating factors· ought to F have been taken into account and that proper and effective hearing in that regard was not extended to the petitioner - Held: Plea not sustainable - Jn Bachan Singh case, the burden was·up…
Supreme Court of India3 May 2017Full text
2017 INSC 435 · [2017] 4 S.C.R. 52
- Detention order is set aside. Judicial Review: F Review of detention order - Scope of - Held: While reviewing detention order, Court does not substitute its judgment for the decision of the executive - But the Court has a duty to enquire that the decision of the executive is made upoi1 matters laid down by the statut…
Supreme Court of India3 May 2017Full text
2017 INSC 432 · [2017] 3 S.C.R. 836
[2017] 3 S.C.R. 836 A MIS. PALAM GAS SERVICE v. COMMISSIONER OF INCOME TAX (Civil Appeal No. 5512 of 2017) B MAY03,2017 [A. k SIKRI AND ASHOK BHUSHAN, J;J.) lncoine Tax Act, 1961 - s.40(a)(ia) and s.197 - Whether the provisions of s.40(a)(ia) shall be attracted when the amount is not c payable to a contractor or sub-co…
Supreme Court of India2 May 2017Full text
2017 INSC 431 · [2017] 4 S.C.R. 767
ESSAR STEEL INDIA LTD. AND ANR. v. STATE OF GUJARAT 769 ANDANR. conclusion that conditions as enumerated in Section 3(2)(vii)(a) A are not fulfilled. [Paras 23, 30) [782-G-H; 787-C-E] 2. Claim under notification dated 27.02.1992 The notification dated 27.02.1992 was issued in exercise of power conferred by Section 3(3)…
Supreme Court of India10 Jan 2017Full text
2017 INSC 43 · [2017] 1 S.C.R. 397
Allowing the appeal, the Court HELD: It is not in dispute that in this ease, the prosecution while initiating the action against the appellant did not take D recourse to the procedure prescribed under Section 195 of the Code. It is for this reason, the action taken by the prosecution against the appellant insofar as it…
Supreme Court of India2 May 2017Full text
2017 INSC 428 · [2017] 3 S.C.R. 815
815 816 SUPREME COURT REPORTS [2017] 3 S.C.R. A respondent - High Courts order of acquittal is upheld - Constitution of India -Art.20(3) .:... Adverse inference - Evidence - Circumstantial evidence. · Dismissing the appeals, the Court HELD: 1. Whether compelling an accused to provide his B fingerprints or footprints et…
Also on Law on Tips: Bare Acts · Legal news and analysis
2017 INSC 460 · [2017] 5 S.C.R. 337
[20 I 7] 5 S.C.R. 337 CONSORTIUM OF TITAGARH FIREMA ADLER S.P.A. - A TITAGARH WAGONS LTD. THROUGH AUTHORIZED SIGNATORY, TITAGARH TOWERS, 756, ANANDAPUR, E. M. BYPASS, KOLKATA- 700 I 07, WEST BENGAL v. B NAGPUR METRO RAIL CORPORATION LTD. (NMRCL) HAVING ITS HEAD OFFICE AT METRO HOUSE, BUNGALOW NO. 28/2, ANAND NAGAR, C.K…
Supreme Court of India9 May 2017Full text
2017 INSC 459 · [2017] 5 S.C.R. 488
- Held: Small Causes Court is a Civil court and proceedings before D it are legal proceedings - On the strength of s. 26 of 2005 Act, any relief available u/ss. 18 to 22 of 2005 Act can be sought by aggrieved person - Order L of CPC does not bar filing of counter-claim (under Or. VIII, r. 6A CPC) before Small Causes Co…
Supreme Court of India9 May 2017Full text
2017 INSC 458 · [2017] 5 S.C.R. 30
. [2017] 5 S.C.R. 30 A MIS. PARLE A6RO (P) LTD. v. COMMISSIONER OF COMMERCIAL TAXES, TR:IVANDRUM (Civil Appeal Nos. 6468-69 of 2017) B MAY09,2017 (A. K. SIKRI AND ASHOK BHUSHAN, JJ.) Kera/a Value Added Tax Act, ¥003: ! ss.6(l)(a) and 6(l)(d) - Classification of the procJuct 'Appy C Fizz'~. Whether u/s.6(1)(a)fas aerate…
Supreme Court of India9 May 2017Full text
2017 INSC 457 · [2017] 4 S.C.R. 20
[20 i 7] 4 S.C.R. 20 A RAJ DADARKAR & ASSOCIATES v. ACIT-CC-46' (Civil Appeal Nos. 6455-60of2017) B MAY09,2017 [A. K. SIKRI AND ASHOK BHUSHAN., JJ.] ' Income Tax Act, 1961: SS. 22 and 27(iiib) - Assessee firm took leasehold rights of c stilt area of a portion of a building in auction, on monthly licence -To .. run muni…
Supreme Court of India9 May 2017Full text
2017 INSC 455 · [2017] 9 S.C.R. 212
1 Judgment by the Bench of Jagdish Singh Khehar, CJ!, Dipak Misra, J Chelameswar, Ranjan Gogoi, Madan B. Lokur, Pinaki Chandra Ghose and Kurian Joseph, JJ. 2 Judgment by the Bench ofJ. Chelameswar·and Ranjan Gogoi, JJ. H 212 IN RE;••• • HON'BLE< • ' ' • SHRI.- Jusric.E•• - ' c. ••s: KARNAN• - , ' · · <.".:6....:·• ' c~…
Supreme Court of India8 May 2017Full text
2017 INSC 452 · [2017] 3 S.C.R. 630
- Separate charges for distinct offences must be framed separately and they cannot be clubbed together for more than one year - Thus, the di-der passed by the High Court is set aside_. Art. 20(2) - Scope of - Held: No person to be prosecuted G and punished for the same offence more than once - This is called docti·ine …
Supreme Court of India8 May 2017Full text
2017 INSC 451 · [2017] 3 S.C.R. 602
[2017] 3 S.C.R .. 602 A GODREJ & BOYCE MANUFACTURING COMPANY LIMITED v. DY. COMMISSIONER OF INCOME-TAX & ANR. (Civil Appeal No. 7020of2011) 8 MAYOS,2017 [RANJAN GOGOi AND ASHOK BHUSHAN, JJ.] Income Tax Act, 1961 - s. 14A - Expenditure incurred in relation to income not includible in total income - Phrase ''income c whi…
Supreme Court of India5 May 2017Full text
2017 INSC 450 · [2017] 4 S.C.R. 625
[2017] 4 S.C.R. 625 RE: EXPLOITATION OF CHILDREN lN ORPHANAGES lN THE A STATE OF TAMIL NADU v. UNION OF lNDIA & ORS. (Writ Petition (Criminal) No.102 of2007) B MAY05,2017 (MADAN B. LOKUR AND DEEPAK GUPTA, JJ.] Juvenile Justice (Care and Protection of Children) Act, 2015: s.2(14) - Children in need of care and protectio…
Supreme Court of India11 Jan 2017Full text
2017 INSC 45 · [2017] 1 S.C.R. 583
F Allowing the appeal, the Court HELD: 1. In terms of Article 134 of the Limitation Act, an application for delivery of possession by a purchaser of immovable property at a sale in execution of a decree has to be filed within a period of one year from the dute when the sale becomes absolute. GIn the present case, the s…
Supreme Court of India5 May 2017Full text
2017 INSC 448 · [2017] 6 S.C.R. 1
Sentence/Sentencing: G Death sentence - Mitigating and aggravating circumstances - Held: In the instant case, the mitigating factors highlighted by the appellants pertain to the strata to which these accused belong, the aged parents, marital status and the young children and the suffering they would go through and the …
Supreme Court of India5 May 2017Full text
2017 INSC 447 · [2017] 3 S.C.R. 962
E Interpretation of statutes - Leg_al fiction - Deeming provision - A legal fiction is not to be extended beyond the purpose for which it is created or beyond the language of the section by which it is created - Howeve1; once the purpose of the legal fiction is ascertained, full effect must be given, and it should be c…
Supreme Court of India4 May 2017Full text
2017 INSC 442 · [2017] 3 S.C.R. 927
The Judgment of the Court was delivered by PRAFULLA C. PANT, J. 1. Leave granted.E 2. The appellants, who are sister-in-law and brother-in-law of the deceased, have challenged the judgment and order dated 09.12.2016 passed by the High Court of Judicature at Patna in Criminal Appeal (SJ) No. 48 of 2014 whereby said Cour…
Supreme Court of India4 May 2017Full text
2017 INSC 439 · [2017] 3 S.C.R. 878
25) (883-H; 884-A-F) 2. The Tribu11:il does have jurisdiction to decide the D question arising in the suit filed by respondent No.6 and, therefore, the Tribunal rightly trh:d the suit on merits. The reasons are not far to seek. In the first place, the main question involved in the suit was whether the suit land is a Wa…
Supreme Court of India3 May 2017Full text
2017 INSC 436 · [2017] 3 S.C.R. 850
Death sentence - Plea of review petitioner that in the light of principles laid down in Bachan Singh, mitigating factors· ought to F have been taken into account and that proper and effective hearing in that regard was not extended to the petitioner - Held: Plea not sustainable - Jn Bachan Singh case, the burden was·up…
Supreme Court of India3 May 2017Full text
2017 INSC 435 · [2017] 4 S.C.R. 52
- Detention order is set aside. Judicial Review: F Review of detention order - Scope of - Held: While reviewing detention order, Court does not substitute its judgment for the decision of the executive - But the Court has a duty to enquire that the decision of the executive is made upoi1 matters laid down by the statut…
Supreme Court of India3 May 2017Full text
2017 INSC 432 · [2017] 3 S.C.R. 836
[2017] 3 S.C.R. 836 A MIS. PALAM GAS SERVICE v. COMMISSIONER OF INCOME TAX (Civil Appeal No. 5512 of 2017) B MAY03,2017 [A. k SIKRI AND ASHOK BHUSHAN, J;J.) lncoine Tax Act, 1961 - s.40(a)(ia) and s.197 - Whether the provisions of s.40(a)(ia) shall be attracted when the amount is not c payable to a contractor or sub-co…
Supreme Court of India2 May 2017Full text
2017 INSC 431 · [2017] 4 S.C.R. 767
ESSAR STEEL INDIA LTD. AND ANR. v. STATE OF GUJARAT 769 ANDANR. conclusion that conditions as enumerated in Section 3(2)(vii)(a) A are not fulfilled. [Paras 23, 30) [782-G-H; 787-C-E] 2. Claim under notification dated 27.02.1992 The notification dated 27.02.1992 was issued in exercise of power conferred by Section 3(3)…
Supreme Court of India10 Jan 2017Full text
2017 INSC 43 · [2017] 1 S.C.R. 397
Allowing the appeal, the Court HELD: It is not in dispute that in this ease, the prosecution while initiating the action against the appellant did not take D recourse to the procedure prescribed under Section 195 of the Code. It is for this reason, the action taken by the prosecution against the appellant insofar as it…
Supreme Court of India2 May 2017Full text
2017 INSC 428 · [2017] 3 S.C.R. 815
815 816 SUPREME COURT REPORTS [2017] 3 S.C.R. A respondent - High Courts order of acquittal is upheld - Constitution of India -Art.20(3) .:... Adverse inference - Evidence - Circumstantial evidence. · Dismissing the appeals, the Court HELD: 1. Whether compelling an accused to provide his B fingerprints or footprints et…
Also on Law on Tips: Bare Acts · Legal news and analysis