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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.
7,401–7,420 · Page 371 of 500
Supreme Court of India22 Feb 2017Full text
2017 INSC 170 · [2017] 2 S.C.R. 220
HELD: 1.1 By a bare perusal of Regulation 173 of Pension Regulations for the Army, 1961, it is clear that dis.ability pension in normal course is granted to an individual: who is invalided out H of service on account of a disability which is attributable to or 220 EX. GNR. LAXMANRAM POONIA (DEAD) THROUGH LRS. v. 221 UN…
Supreme Court of India22 Feb 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.
7,401–7,420 · Page 371 of 500
Supreme Court of India22 Feb 2017Full text
2017 INSC 170 · [2017] 2 S.C.R. 220
HELD: 1.1 By a bare perusal of Regulation 173 of Pension Regulations for the Army, 1961, it is clear that dis.ability pension in normal course is granted to an individual: who is invalided out H of service on account of a disability which is attributable to or 220 EX. GNR. LAXMANRAM POONIA (DEAD) THROUGH LRS. v. 221 UN…
Supreme Court of India22 Feb 2017Full text
2017 INSC 169 · [2017] 2 S.C.R. 17
1.2 Such an ind us trial concern, which has been disabled from carrying on its industrial activities, is granted liberty to make its E primary effluen.t treatment plant functional to the required capacity, and thereupon, seek a fresh "consent to operate" from the concerned Pollution Control Board. [Para 5) (22-F-G) 1.3…
Supreme Court of India22 Feb 2017Full text
2017 INSC 168 · [2017] 2 S.C.R. 752
3. As the factual aualysis is necessary aud certain E couditions precedent are required to be gone into for the purpose of determination as regards the aspect whether there should be abolition of the minimum charges for the financial year 2005-2006 or not, the competent authority, the matter is remitted to the Commissi…
Supreme Court of India21 Feb 2017Full text
2017 INSC 167 · [2017] 2 S.C.R. 662
s. 15 - Reference under - Whether can be made for general allegations levelled against lower judiciary - Held: When general allegations are made against many courts, not aimed at any specific H · ;udge or Court any one of the courts or judges can make a reference. 662 TRANSPARENCY INTERNATIONAL INDIA & ANR. v. STATE 66…
Supreme Court of India21 Feb 2017Full text
2017 INSC 166 · [2017] 1 S.C.R. 767
1.4 There is l\O consideration of the principle of law and thus, the order dated 15'" July, 2004 without there being contest C on the principle of law could not be treated as a precedent for deciding the legal issue at hand. (Para 17] [777-G-H] 1.5 No case was made out for permitting additional evidence on settled prin…
Supreme Court of India21 Feb 2017Full text
2017 INSC 165 · [2017] 2 S.C.R. 415
415 416 SUPREME COURT REPORTS [2017) 2 S.C.R. A the Registrar, Secretary/Chairman of the Board was non-est in lmv -Reference must, thus, understood to be pending before the Board on the relevant date attracting the provisions of s. 252 of the Insolvency and Bankruptcy Code - In view thereof the question whether referen…
Supreme Court of India21 Feb 2017Full text
2017 INSC 164 · [2017] 1 S.C.R. 789
D Allowing the appeals, the Court HELD: 1.1 It cannot be said that the law laid down in *Saju P. Paul's Case cannot be applied to the facts of th.e case at hand. Firstly, marked similarity is found .in the facts of this case and the one involved in *Saju P. Paul's Case. Secondly, merely because Ethe compensation has no…
Supreme Court of India21 Feb 2017Full text
2017 INSC 161 · [2017] 2 S.C.R. 355
355 356 SUPREME COURT REPORTS [2017] 2 S.C.R. A submission that the suit property is the only property held by them and has an extremely high value; and that they are ready to pay Rs ten lakhs or more to retain it. Allowing the appeal, the Court HELD: 1.1 The court is not bound to grant the relief of B spedfic performa…
Supreme Court of India21 Feb 2017Full text
2017 INSC 160 · [2017] 1 S.C.R. 829
E 1.2 On a scrutiny of the entire Judgment, there is no mention that the plaint in the earlier suit was proved. The conclusion arrived at by the High Court on the basis that the suit instituted by the plaintiff-appellant was hit by Order 2 Rule 2 CPC, cannot be sustained. However, the controversy does not Fend there. T…
Supreme Court of India20 Feb 2017Full text
2017 INSC 159 · [2017] 1 S.C.R. 724
Allowing the appeals, the Court HELD: 1.1 Section 50 CPC deals with execution of decrees E of all kinds including that of permanent injunction. Section 146 CPC provides that where any application which can be made by or against any person, it may be made by or against any person claiming under him except as otherwise p…
Supreme Court of India20 Feb 2017Full text
2017 INSC 157 · [2017] 1 S.C.R. 841
The appeal did involve the substantial qnestiol)s of law and, B therefore, the High Court should have admitted the appeal by first framing substantial questions of law arising in the case and then after giving notice to the respondents for its final hearing as provided under Section 100 CPC decided the appeal on merits…
Supreme Court of India17 Feb 2017Full text
2017 INSC 152 · [2017] 1 S.C.R. 707
F Allowing the appeal, the Court HELD: 1.1 In cas~s of custody disputes, where a child feels tormented because of tiie strained relations between her parents and idenlly needs the com]lany of both of them, It becomes at times, a difficult choice for the court to decide as to whom th. e · '·0custody should be given •. N…
Supreme Court of India17 Feb 2017Full text
2017 INSC 151 · [2017] 1 S.C.R. 692
F Allowing the appeals, the Court HELD: 1.1 It has clearly come in evidence of the appellant that her one son is unemployed and in view of unemployment, he was frustrated. The appellant's husba1;d had contracted second a marriage and he had deserted the appellant. The appellant herself was unemployed with no source of …
Supreme Court of India15 Feb 2017Full text
2017 INSC 150 · [2017] 1 S.C.R. 945
- s.3. Art. 21 - Fair trial - Concepl a/-Held: Is facet of Art. 21 -Right to fair trial is not singularly absolute, os perceived, from the perspective of the accused - It tokes in its ambit and sweep the H 945 946 SUPREME COURT REPORTS [2017] 1 S.C.R. A right of victim(s) and society at large - These factors would coll…
Supreme Court of India3 Jan 2017Full text
2017 INSC 15 · [2017] 1 S.C.R. 544
CIVIL APPELLATE JURISDICTION '. Civil Appeai No. 4235F of2014. From the Judgment and Order dated 30.07.2013 of the High Court of Judicature at Bombay in PIL No, 55 of 2013. WITH G Civil Appeal Nos. 4236 of2014 and 1155 of2015 Maninder Singh, ASG, Gopal Subramanium, (AC), Kap ii Sibal, Arbind Dattar, Pramod Swarup, Sr. …
Supreme Court of India15 Feb 2017Full text
2017 INSC 145 · [2017] 2 S.C.R. 759
Chandra Mohan Anisctty (For Dr. Kai lash Chand), Adv. for the Appellant. Ravi Bakshi, Chander Shekhar Ashri, Ad vs. for the Respondent. H LAL SINGH MARABI v. NATIONAL INSURANCE COMPANY 761 LTD. & ORS. The Order of the Court was delivered by A N.V:RAMANA, J. 1. Delay condoned. Leave granted. 2. The appellant, who was se…
Supreme Court of India14 Feb 2017Full text
2017 INSC 143 · [2017] 5 S.C.R. 525
s.l 3(J)(e) - Probative worth of Income Tax Proceedings qua lawfulness of the source of income :... IT returns and orders would F not ipso facto either conclusively prove or disprove the charge and can at best be pieces of evidence which have to be evaluated along with the other materials on record - Neither the income…
Supreme Court of India14 Feb 2017Full text
2017 INSC 141 · [2017] 2 S.C.R. 298
[2017] 2 S.C.R. 298 A ARJUN AND ANR. ETC. ETC. v. STATE OF CHHATTISGARH (Criminal Appeal Nos. 206-207 of2017) B FEBRUARY 14, 2017 [DIPAK MISRA AND R. BANUMATHI, JJ.I Penal Code, 1860 - ss. 300 Exception (4), 304 (Part I) -Prosecution of 3 accused u!s. 302 and 302134 !PC - Conviction c and life sentence by courts below …
Supreme Court of India3 Jan 2017Full text
2017 INSC 14 · [2017] 1 S.C.R. 330
[2017] 1 S.C.R. 330 A KISHORE BHADKE v. STATE OF MAHARASHTRA (Criminal Appeal No. 467 of2010) B JANUARY 03, 2017 [JAGDISH SINGH KHEHAR, ARUN MISHRA AND A. M. KHANWILKAR, JJ.] Penal Code, 1860: ss.364, 302, 201 rlw ss.341120-B -c Abduction and murder by strangulation - Destruction of clothes and articles of deceased - R…
Supreme Court of India14 Feb 2017Full text
2017 INSC 138 · [2017] 1 S.C.R. 876
- The State approved the allotment in principle subject to certain terms and conditions - The proposed allottee was required to pay the cost of the land in twenty half-yearly equal instalments -D Execution of lease-deed was condition precedent for allotment of land - On deposit of first instalment, advance possession o…
Also on Law on Tips: Bare Acts · Legal news and analysis
2017 INSC 169 · [2017] 2 S.C.R. 17
1.2 Such an ind us trial concern, which has been disabled from carrying on its industrial activities, is granted liberty to make its E primary effluen.t treatment plant functional to the required capacity, and thereupon, seek a fresh "consent to operate" from the concerned Pollution Control Board. [Para 5) (22-F-G) 1.3…
Supreme Court of India22 Feb 2017Full text
2017 INSC 168 · [2017] 2 S.C.R. 752
3. As the factual aualysis is necessary aud certain E couditions precedent are required to be gone into for the purpose of determination as regards the aspect whether there should be abolition of the minimum charges for the financial year 2005-2006 or not, the competent authority, the matter is remitted to the Commissi…
Supreme Court of India21 Feb 2017Full text
2017 INSC 167 · [2017] 2 S.C.R. 662
s. 15 - Reference under - Whether can be made for general allegations levelled against lower judiciary - Held: When general allegations are made against many courts, not aimed at any specific H · ;udge or Court any one of the courts or judges can make a reference. 662 TRANSPARENCY INTERNATIONAL INDIA & ANR. v. STATE 66…
Supreme Court of India21 Feb 2017Full text
2017 INSC 166 · [2017] 1 S.C.R. 767
1.4 There is l\O consideration of the principle of law and thus, the order dated 15'" July, 2004 without there being contest C on the principle of law could not be treated as a precedent for deciding the legal issue at hand. (Para 17] [777-G-H] 1.5 No case was made out for permitting additional evidence on settled prin…
Supreme Court of India21 Feb 2017Full text
2017 INSC 165 · [2017] 2 S.C.R. 415
415 416 SUPREME COURT REPORTS [2017) 2 S.C.R. A the Registrar, Secretary/Chairman of the Board was non-est in lmv -Reference must, thus, understood to be pending before the Board on the relevant date attracting the provisions of s. 252 of the Insolvency and Bankruptcy Code - In view thereof the question whether referen…
Supreme Court of India21 Feb 2017Full text
2017 INSC 164 · [2017] 1 S.C.R. 789
D Allowing the appeals, the Court HELD: 1.1 It cannot be said that the law laid down in *Saju P. Paul's Case cannot be applied to the facts of th.e case at hand. Firstly, marked similarity is found .in the facts of this case and the one involved in *Saju P. Paul's Case. Secondly, merely because Ethe compensation has no…
Supreme Court of India21 Feb 2017Full text
2017 INSC 161 · [2017] 2 S.C.R. 355
355 356 SUPREME COURT REPORTS [2017] 2 S.C.R. A submission that the suit property is the only property held by them and has an extremely high value; and that they are ready to pay Rs ten lakhs or more to retain it. Allowing the appeal, the Court HELD: 1.1 The court is not bound to grant the relief of B spedfic performa…
Supreme Court of India21 Feb 2017Full text
2017 INSC 160 · [2017] 1 S.C.R. 829
E 1.2 On a scrutiny of the entire Judgment, there is no mention that the plaint in the earlier suit was proved. The conclusion arrived at by the High Court on the basis that the suit instituted by the plaintiff-appellant was hit by Order 2 Rule 2 CPC, cannot be sustained. However, the controversy does not Fend there. T…
Supreme Court of India20 Feb 2017Full text
2017 INSC 159 · [2017] 1 S.C.R. 724
Allowing the appeals, the Court HELD: 1.1 Section 50 CPC deals with execution of decrees E of all kinds including that of permanent injunction. Section 146 CPC provides that where any application which can be made by or against any person, it may be made by or against any person claiming under him except as otherwise p…
Supreme Court of India20 Feb 2017Full text
2017 INSC 157 · [2017] 1 S.C.R. 841
The appeal did involve the substantial qnestiol)s of law and, B therefore, the High Court should have admitted the appeal by first framing substantial questions of law arising in the case and then after giving notice to the respondents for its final hearing as provided under Section 100 CPC decided the appeal on merits…
Supreme Court of India17 Feb 2017Full text
2017 INSC 152 · [2017] 1 S.C.R. 707
F Allowing the appeal, the Court HELD: 1.1 In cas~s of custody disputes, where a child feels tormented because of tiie strained relations between her parents and idenlly needs the com]lany of both of them, It becomes at times, a difficult choice for the court to decide as to whom th. e · '·0custody should be given •. N…
Supreme Court of India17 Feb 2017Full text
2017 INSC 151 · [2017] 1 S.C.R. 692
F Allowing the appeals, the Court HELD: 1.1 It has clearly come in evidence of the appellant that her one son is unemployed and in view of unemployment, he was frustrated. The appellant's husba1;d had contracted second a marriage and he had deserted the appellant. The appellant herself was unemployed with no source of …
Supreme Court of India15 Feb 2017Full text
2017 INSC 150 · [2017] 1 S.C.R. 945
- s.3. Art. 21 - Fair trial - Concepl a/-Held: Is facet of Art. 21 -Right to fair trial is not singularly absolute, os perceived, from the perspective of the accused - It tokes in its ambit and sweep the H 945 946 SUPREME COURT REPORTS [2017] 1 S.C.R. A right of victim(s) and society at large - These factors would coll…
Supreme Court of India3 Jan 2017Full text
2017 INSC 15 · [2017] 1 S.C.R. 544
CIVIL APPELLATE JURISDICTION '. Civil Appeai No. 4235F of2014. From the Judgment and Order dated 30.07.2013 of the High Court of Judicature at Bombay in PIL No, 55 of 2013. WITH G Civil Appeal Nos. 4236 of2014 and 1155 of2015 Maninder Singh, ASG, Gopal Subramanium, (AC), Kap ii Sibal, Arbind Dattar, Pramod Swarup, Sr. …
Supreme Court of India15 Feb 2017Full text
2017 INSC 145 · [2017] 2 S.C.R. 759
Chandra Mohan Anisctty (For Dr. Kai lash Chand), Adv. for the Appellant. Ravi Bakshi, Chander Shekhar Ashri, Ad vs. for the Respondent. H LAL SINGH MARABI v. NATIONAL INSURANCE COMPANY 761 LTD. & ORS. The Order of the Court was delivered by A N.V:RAMANA, J. 1. Delay condoned. Leave granted. 2. The appellant, who was se…
Supreme Court of India14 Feb 2017Full text
2017 INSC 143 · [2017] 5 S.C.R. 525
s.l 3(J)(e) - Probative worth of Income Tax Proceedings qua lawfulness of the source of income :... IT returns and orders would F not ipso facto either conclusively prove or disprove the charge and can at best be pieces of evidence which have to be evaluated along with the other materials on record - Neither the income…
Supreme Court of India14 Feb 2017Full text
2017 INSC 141 · [2017] 2 S.C.R. 298
[2017] 2 S.C.R. 298 A ARJUN AND ANR. ETC. ETC. v. STATE OF CHHATTISGARH (Criminal Appeal Nos. 206-207 of2017) B FEBRUARY 14, 2017 [DIPAK MISRA AND R. BANUMATHI, JJ.I Penal Code, 1860 - ss. 300 Exception (4), 304 (Part I) -Prosecution of 3 accused u!s. 302 and 302134 !PC - Conviction c and life sentence by courts below …
Supreme Court of India3 Jan 2017Full text
2017 INSC 14 · [2017] 1 S.C.R. 330
[2017] 1 S.C.R. 330 A KISHORE BHADKE v. STATE OF MAHARASHTRA (Criminal Appeal No. 467 of2010) B JANUARY 03, 2017 [JAGDISH SINGH KHEHAR, ARUN MISHRA AND A. M. KHANWILKAR, JJ.] Penal Code, 1860: ss.364, 302, 201 rlw ss.341120-B -c Abduction and murder by strangulation - Destruction of clothes and articles of deceased - R…
Supreme Court of India14 Feb 2017Full text
2017 INSC 138 · [2017] 1 S.C.R. 876
- The State approved the allotment in principle subject to certain terms and conditions - The proposed allottee was required to pay the cost of the land in twenty half-yearly equal instalments -D Execution of lease-deed was condition precedent for allotment of land - On deposit of first instalment, advance possession o…
Also on Law on Tips: Bare Acts · Legal news and analysis