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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.
7,441–7,460 · Page 373 of 500
Supreme Court of India8 May 2017Full text
2017 INSC 1285 · [2017] 4 S.C.R. 392
[2017] 4 S.C.R. 392 A EUROTEX INDUSTRIES AND EXPORTS LIMITED & ANR. • v. STATE OF MAHARASHTRA & ANR. (Civil Appeal No. 4491 of 2016) B MAYOS,2017 [A. K. SIKRI AND ABHAY MANOHAR SAPRE, JJ.] Maharashtra Value Added Tax Act. 2002: ss.93(1), (lA) and (1 B) - Retrospective operation of - By C Maharashtra Value Added Tax (Le…
Supreme Court of India20 Apr 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.
7,441–7,460 · Page 373 of 500
Supreme Court of India8 May 2017Full text
2017 INSC 1285 · [2017] 4 S.C.R. 392
[2017] 4 S.C.R. 392 A EUROTEX INDUSTRIES AND EXPORTS LIMITED & ANR. • v. STATE OF MAHARASHTRA & ANR. (Civil Appeal No. 4491 of 2016) B MAYOS,2017 [A. K. SIKRI AND ABHAY MANOHAR SAPRE, JJ.] Maharashtra Value Added Tax Act. 2002: ss.93(1), (lA) and (1 B) - Retrospective operation of - By C Maharashtra Value Added Tax (Le…
Supreme Court of India20 Apr 2017Full text
2017 INSC 1283 · [2017] 6 S.C.R. 764
[2017) 6 S.C.R. 764 A HALLIBURTON OFFSHORE SERVICES INC & ANR. v. PRINCIPAL OFFICER OF MERCANTILE MARINE DEPARTMENT & ORS. B (Civil Appeal No. 5428 of2017) APRIL 20, 2017 [DIPAK MISRA AND R. BANUMATHI, JJ.J Merchant Shipping Act, 1958 - s.40 - Interpretation of -C Provisional certificate for ships becoming Indian ships…
Supreme Court of India20 Apr 2017Full text
2017 INSC 1282 · [2017] 3 S.C.R. 763
(1957) SCR 860 - relied on 1.2 In the instant case, after considering and scrutinizing the allegations made in the complaint petition, it is clear that theF allegations remotely do not satisfy the essential ingredients of the offence and, therefore, applying the principle stated in State of Haryana & Ors. v. Bliajan La…
Supreme Court of India20 Apr 2017Full text
2017 INSC 1281 · [2017] 6 S.C.R. 657
[2017] 6 S.C.R. 657 KINNARI MULLICK AND ANOTHER A v. GHANSHYAM DAS DAMANI (Civil Appeal No. 5172of2017) APRIL 20, 2017 B [DIPAK MISRA, A. M. KHANWILKAR, MOHAN M. SHANTANAGOUDAR, JJ.) Arbitration and Conciliation Act, 1996 - s.34(4) -Appellants entered into an agreement with respondent - Disputes arose between the parti…
Supreme Court of India18 Apr 2017Full text
2017 INSC 1280 · [2017] 5 S.C.R. 430
Sumeet Mahajan, Amit Kochar, Ashok K. Mahajan, Advs. for the Respondents. H 432 SUPREME COURT REPORTS [2017) 5 S.C.R. A The following Order of the Court was delivered: ORDER 1. Leave granted. 2. Heard learned senior counsel for the paities. B 3. The defendants (the appellants-herein) are before us having succeeded befo…
Supreme Court of India13 Feb 2017Full text
2017 INSC 128 · [2017] 2 S.C.R. 285
Disposing of the appeal, the Court HELD 1. It is clear from sub-section (2) of s. 1 of United Provinces (Temporary) Control of Rent and Eviction Act, 1947, Gthat it extended to the whole of the erstwhile United Provinces and applied to every municipal area, cantonment area and notified area as per the provincial Govern…
Supreme Court of India13 Apr 2017Full text
2017 INSC 1279 · [2017] 3 S.C.R. 1007
Anjani Kumar Chaudhary v. State of Bihar and Another (2014) 12 SCC 286 : [2014] 5 SCR 562 - referred to. F Case Law Reference [2014] 5 SCR 562 referred to Para 10 CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 718 of2017. G From the Judgment and Order dated 28.08.2015 of the High Court of Punjab and Haryana at C…
Supreme Court of India13 Apr 2017Full text
2017 INSC 1278 · [2017] 6 S.C.R. 686
(2017] 6 S.C.R. 686 A M. C.MEHTA v. UNION OF INDIA & ORS. (I.A.No. 487/2017, I.A. No. 491/2017, I.A. No. 494/2017, I.A. No. 489/2017, I.A. No. 495/2017) B lil (Writ Petition( Civil) No.13029of1985) APRIL 13, 2017 [MADAN B. LOKUR AND DEEPAK GUPTA, JJ.] C Environment - Pollution- Air Pollution - National Auto Fuel Policy…
Supreme Court of India24 Mar 2017Full text
2017 INSC 1276 · [2017] 2 S.C.R. 703
703 704 SUPREME COURT REPORTS [2017) 2 S.C.R. A undoubtedly true that Section 438 of the Code, which is available to an accused in respect of offences under the IPC, is not available in respect of offences under the SC/ST Act. The offences enumerated under the SC/ST Act fall into a separate and special class. Article 1…
Supreme Court of India23 Mar 2017Full text
2017 INSC 1275 · [2017] 2 S.C.R. 716
- No reason to interfere with the order of High Court. Dismissin2 the appeal, the Court HELD: 1. In the testimony of PWl who was the only eye witness in the present case and that of PW3 who was the first to G know about the incident, as PWl had called her, no independent act or overt act was attributed to each accused,…
Supreme Court of India21 Mar 2017Full text
2017 INSC 1274 · [2017] 4 S.C.R. 680
- Central Sales Tax Act, 1956 - Bihar Sales Tax Rules - rr. 12, 20 -Form XIV. IXC. Words & Phrases - "Information"- Meaning of in context of Bihar Finance Act, 1981 - Discussed. F Allowing the appeal, the Court HELD: 1.1 Sub-Section (1) of Section 19 of Bihar Finance Act, 1981 ('the State Act') very clearly prescribes …
Supreme Court of India21 Mar 2017Full text
2017 INSC 1273 · [2017] 3 S.C.R. 1022
Dismissing the appeals, the Court HELD: 1.1 Section 263 of the Income Tax Act, 1961 is enacted to empower the Commissioner with the authority of F revising the order of Assessing Officer, where the order is erroneous and the error has resulted in prejudice to the interests of the Revenue. As is clear from the language …
Supreme Court of India9 Mar 2017Full text
2017 INSC 1272 · [2017] 3 S.C.R. 939
J I• [2017] 3 S.C.R. 939 MIS. YESHWANT GRAMIN SHIKSHAN SANSTHA A v. THE ASSISTANT PROVIDENT FUND COMMISSIONER & ORS. (Civil Appeal No. 721of2013) B MARCH 09, 2017 [DIPAK MISRA, A. M. KHANWILKAR AND MOHAN M. SHANTANAGOUDAR, JJ.] Employees' Provident Funds and Miscellaneous Provi~ions Act, 1952 - s.16 -Applicabili(v of-A…
Supreme Court of India6 Mar 2017Full text
2017 INSC 1271 · [2017] 3 S.C.R. 564
566 SUPREME COURT REPORTS [2017] 3 S.C.R. A CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3421 of2017. From the Judgment and Order dated 21.03.2013 of the High Court ofGauhati in Civil Revision Petition No. 380of2012. Rajiv Dhavan, S. R. Singh, Sr. Advs., Manish Goswami, B Ramesh war Prasad Goyal, Ad vs. for the App…
Supreme Court of India2 Mar 2017Full text
2017 INSC 1270 · [2017] 3 S.C.R. 748
Dhruv Mehta, Sr. Adv., Rajesh Kumar, Rakesh Chaurasiya, Anant Gautam (for M/s. Mitter & Mitter Co.), Advs. for Appellant. B The Judgment of the Court was delivered by A. M. KHANWILKAR, J. I. This appeal by the appellant bank questions the view expressed by the Division Bench of the High Court of Judicature at Hyderabad…
Supreme Court of India1 Mar 2017Full text
2017 INSC 1269 · [2017] 2 S.C.R. 922
F Dismissing the appeal, the Court HELD: 1. As per Section 125 of Electricity Act, 2003, Supreme Court, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the period of 60. days from the date of communication of the decision or order of G the appellate tribunal to him,…
Supreme Court of India28 Feb 2017Full text
2017 INSC 1268 · [2017] 2 S.C.R. 62
[2017] 2 S.C.R. 62 A GANDI DODDABASAPPA @ GANDHI BASAVARAJ v. STATE OF KARNATAKA (Criminal Appeal No. 631 of2012) B FEBRUARY 28, 2017 [KURIAN JOSEPH AND A. M. KHANWILKAR, JJ.] Penal Code. 1860: s. 302 - Murder - By appellant-accused - Of his daughter -c Motive attributed to commit the murder was that the accused was fr…
Supreme Court of India28 Feb 2017Full text
2017 INSC 1267 · [2017] 4 S.C.R. 163
Disposing of the appeals; the Court HE.LD: 1. Under the Rules of the High Court, the Bench F hearing the writ petition was not competent to pass the order, decla!'ing Rules ultm vires. The statement in the counter-affidavit, indicates that there was some specific Bench for hearing constitutional issues regarding vires …
Supreme Court of India17 Feb 2017Full text
2017 INSC 1266 · [2017] 2 S.C.R. 50
[2017] 2 S.C.R. 50 A BLACK PEARL HOTELS (PVT) LTD. v. MIS PLANET M RETAIL LTD. (Civil Appeal No. 2973-2974of2017) B FEBRUARY 17, 20 l 7 [DIPAK MISRA, R. BANUMATHI AND MOHAN M. SHANTANAGOUDAR, JJ.] Karnataka Stamp Act, 1957: c s. 33(2) Proviso (b) - Scope of - In petition u!s. 11 of Arbitration and Conciliation Act,1996…
Supreme Court of India16 Feb 2017Full text
2017 INSC 1265 · [2017] 2 S.C.R. 516
Allowing the appeal, the Court HELD: 1.1 The concept of "gross negligence" cannot be construed in a narrow or a restricted sense. It is because honesty F of an Advocate is extremely significant. The conduct of an Advocate bas to be worthy so that be can be caJJed as a member of the noble fraternity of lawyers. It is bi…
Also on Law on Tips: Bare Acts · Legal news and analysis
2017 INSC 1283 · [2017] 6 S.C.R. 764
[2017) 6 S.C.R. 764 A HALLIBURTON OFFSHORE SERVICES INC & ANR. v. PRINCIPAL OFFICER OF MERCANTILE MARINE DEPARTMENT & ORS. B (Civil Appeal No. 5428 of2017) APRIL 20, 2017 [DIPAK MISRA AND R. BANUMATHI, JJ.J Merchant Shipping Act, 1958 - s.40 - Interpretation of -C Provisional certificate for ships becoming Indian ships…
Supreme Court of India20 Apr 2017Full text
2017 INSC 1282 · [2017] 3 S.C.R. 763
(1957) SCR 860 - relied on 1.2 In the instant case, after considering and scrutinizing the allegations made in the complaint petition, it is clear that theF allegations remotely do not satisfy the essential ingredients of the offence and, therefore, applying the principle stated in State of Haryana & Ors. v. Bliajan La…
Supreme Court of India20 Apr 2017Full text
2017 INSC 1281 · [2017] 6 S.C.R. 657
[2017] 6 S.C.R. 657 KINNARI MULLICK AND ANOTHER A v. GHANSHYAM DAS DAMANI (Civil Appeal No. 5172of2017) APRIL 20, 2017 B [DIPAK MISRA, A. M. KHANWILKAR, MOHAN M. SHANTANAGOUDAR, JJ.) Arbitration and Conciliation Act, 1996 - s.34(4) -Appellants entered into an agreement with respondent - Disputes arose between the parti…
Supreme Court of India18 Apr 2017Full text
2017 INSC 1280 · [2017] 5 S.C.R. 430
Sumeet Mahajan, Amit Kochar, Ashok K. Mahajan, Advs. for the Respondents. H 432 SUPREME COURT REPORTS [2017) 5 S.C.R. A The following Order of the Court was delivered: ORDER 1. Leave granted. 2. Heard learned senior counsel for the paities. B 3. The defendants (the appellants-herein) are before us having succeeded befo…
Supreme Court of India13 Feb 2017Full text
2017 INSC 128 · [2017] 2 S.C.R. 285
Disposing of the appeal, the Court HELD 1. It is clear from sub-section (2) of s. 1 of United Provinces (Temporary) Control of Rent and Eviction Act, 1947, Gthat it extended to the whole of the erstwhile United Provinces and applied to every municipal area, cantonment area and notified area as per the provincial Govern…
Supreme Court of India13 Apr 2017Full text
2017 INSC 1279 · [2017] 3 S.C.R. 1007
Anjani Kumar Chaudhary v. State of Bihar and Another (2014) 12 SCC 286 : [2014] 5 SCR 562 - referred to. F Case Law Reference [2014] 5 SCR 562 referred to Para 10 CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 718 of2017. G From the Judgment and Order dated 28.08.2015 of the High Court of Punjab and Haryana at C…
Supreme Court of India13 Apr 2017Full text
2017 INSC 1278 · [2017] 6 S.C.R. 686
(2017] 6 S.C.R. 686 A M. C.MEHTA v. UNION OF INDIA & ORS. (I.A.No. 487/2017, I.A. No. 491/2017, I.A. No. 494/2017, I.A. No. 489/2017, I.A. No. 495/2017) B lil (Writ Petition( Civil) No.13029of1985) APRIL 13, 2017 [MADAN B. LOKUR AND DEEPAK GUPTA, JJ.] C Environment - Pollution- Air Pollution - National Auto Fuel Policy…
Supreme Court of India24 Mar 2017Full text
2017 INSC 1276 · [2017] 2 S.C.R. 703
703 704 SUPREME COURT REPORTS [2017) 2 S.C.R. A undoubtedly true that Section 438 of the Code, which is available to an accused in respect of offences under the IPC, is not available in respect of offences under the SC/ST Act. The offences enumerated under the SC/ST Act fall into a separate and special class. Article 1…
Supreme Court of India23 Mar 2017Full text
2017 INSC 1275 · [2017] 2 S.C.R. 716
- No reason to interfere with the order of High Court. Dismissin2 the appeal, the Court HELD: 1. In the testimony of PWl who was the only eye witness in the present case and that of PW3 who was the first to G know about the incident, as PWl had called her, no independent act or overt act was attributed to each accused,…
Supreme Court of India21 Mar 2017Full text
2017 INSC 1274 · [2017] 4 S.C.R. 680
- Central Sales Tax Act, 1956 - Bihar Sales Tax Rules - rr. 12, 20 -Form XIV. IXC. Words & Phrases - "Information"- Meaning of in context of Bihar Finance Act, 1981 - Discussed. F Allowing the appeal, the Court HELD: 1.1 Sub-Section (1) of Section 19 of Bihar Finance Act, 1981 ('the State Act') very clearly prescribes …
Supreme Court of India21 Mar 2017Full text
2017 INSC 1273 · [2017] 3 S.C.R. 1022
Dismissing the appeals, the Court HELD: 1.1 Section 263 of the Income Tax Act, 1961 is enacted to empower the Commissioner with the authority of F revising the order of Assessing Officer, where the order is erroneous and the error has resulted in prejudice to the interests of the Revenue. As is clear from the language …
Supreme Court of India9 Mar 2017Full text
2017 INSC 1272 · [2017] 3 S.C.R. 939
J I• [2017] 3 S.C.R. 939 MIS. YESHWANT GRAMIN SHIKSHAN SANSTHA A v. THE ASSISTANT PROVIDENT FUND COMMISSIONER & ORS. (Civil Appeal No. 721of2013) B MARCH 09, 2017 [DIPAK MISRA, A. M. KHANWILKAR AND MOHAN M. SHANTANAGOUDAR, JJ.] Employees' Provident Funds and Miscellaneous Provi~ions Act, 1952 - s.16 -Applicabili(v of-A…
Supreme Court of India6 Mar 2017Full text
2017 INSC 1271 · [2017] 3 S.C.R. 564
566 SUPREME COURT REPORTS [2017] 3 S.C.R. A CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3421 of2017. From the Judgment and Order dated 21.03.2013 of the High Court ofGauhati in Civil Revision Petition No. 380of2012. Rajiv Dhavan, S. R. Singh, Sr. Advs., Manish Goswami, B Ramesh war Prasad Goyal, Ad vs. for the App…
Supreme Court of India2 Mar 2017Full text
2017 INSC 1270 · [2017] 3 S.C.R. 748
Dhruv Mehta, Sr. Adv., Rajesh Kumar, Rakesh Chaurasiya, Anant Gautam (for M/s. Mitter & Mitter Co.), Advs. for Appellant. B The Judgment of the Court was delivered by A. M. KHANWILKAR, J. I. This appeal by the appellant bank questions the view expressed by the Division Bench of the High Court of Judicature at Hyderabad…
Supreme Court of India1 Mar 2017Full text
2017 INSC 1269 · [2017] 2 S.C.R. 922
F Dismissing the appeal, the Court HELD: 1. As per Section 125 of Electricity Act, 2003, Supreme Court, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the period of 60. days from the date of communication of the decision or order of G the appellate tribunal to him,…
Supreme Court of India28 Feb 2017Full text
2017 INSC 1268 · [2017] 2 S.C.R. 62
[2017] 2 S.C.R. 62 A GANDI DODDABASAPPA @ GANDHI BASAVARAJ v. STATE OF KARNATAKA (Criminal Appeal No. 631 of2012) B FEBRUARY 28, 2017 [KURIAN JOSEPH AND A. M. KHANWILKAR, JJ.] Penal Code. 1860: s. 302 - Murder - By appellant-accused - Of his daughter -c Motive attributed to commit the murder was that the accused was fr…
Supreme Court of India28 Feb 2017Full text
2017 INSC 1267 · [2017] 4 S.C.R. 163
Disposing of the appeals; the Court HE.LD: 1. Under the Rules of the High Court, the Bench F hearing the writ petition was not competent to pass the order, decla!'ing Rules ultm vires. The statement in the counter-affidavit, indicates that there was some specific Bench for hearing constitutional issues regarding vires …
Supreme Court of India17 Feb 2017Full text
2017 INSC 1266 · [2017] 2 S.C.R. 50
[2017] 2 S.C.R. 50 A BLACK PEARL HOTELS (PVT) LTD. v. MIS PLANET M RETAIL LTD. (Civil Appeal No. 2973-2974of2017) B FEBRUARY 17, 20 l 7 [DIPAK MISRA, R. BANUMATHI AND MOHAN M. SHANTANAGOUDAR, JJ.] Karnataka Stamp Act, 1957: c s. 33(2) Proviso (b) - Scope of - In petition u!s. 11 of Arbitration and Conciliation Act,1996…
Supreme Court of India16 Feb 2017Full text
2017 INSC 1265 · [2017] 2 S.C.R. 516
Allowing the appeal, the Court HELD: 1.1 The concept of "gross negligence" cannot be construed in a narrow or a restricted sense. It is because honesty F of an Advocate is extremely significant. The conduct of an Advocate bas to be worthy so that be can be caJJed as a member of the noble fraternity of lawyers. It is bi…
Also on Law on Tips: Bare Acts · Legal news and analysis