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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.
7,481–7,500 · Page 375 of 500
Supreme Court of India15 Dec 2017Full text
2017 INSC 1243 · [2017] 12 S.C.R. 827
1.2 Pursuant to Beijing Declaration, India enacted Persons with Disabilities {Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. This Act, in no uncertain terms, brings out one of the important features thereof, namely, the F creation of a barrier free built environment. The very Preamble to t…
Supreme Court of India15 Dec 2017Full text
2017 INSC 1242 · [2017] 12 S.C.R. 467
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.
7,481–7,500 · Page 375 of 500
Supreme Court of India15 Dec 2017Full text
2017 INSC 1243 · [2017] 12 S.C.R. 827
1.2 Pursuant to Beijing Declaration, India enacted Persons with Disabilities {Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. This Act, in no uncertain terms, brings out one of the important features thereof, namely, the F creation of a barrier free built environment. The very Preamble to t…
Supreme Court of India15 Dec 2017Full text
2017 INSC 1242 · [2017] 12 S.C.R. 467
- Pursuant thereto Celltral Government issued a Notification which E provided that any premises sealed in pursuance of a judgment, orders or decree of any court after 1.1.2006, would be eligible to be restored for. a period of one year - By the time the Act was enacted and Notification was issued, 5006 commercial estab…
Supreme Court of India15 Dec 2017Full text
2017 INSC 1241 · [2017] 13 S.C.R. 751
Allowing the appeals, the Court HELD: Whether. in relation to an operational debt, the provision contained in Section 9(3){c) of the Code is mandatory. E 1.1 From sub-clause (c) of Section 9(3) of the Insolvency and Bankruptcy Code, 2016, it is clear that a copy of the certificate from the financial institution maintai…
Supreme Court of India15 Dec 2017Full text
2017 INSC 1240 · [2017] 12 S.C.R. 531
Constitution of India - Art.227 - Power under, of High Court - Scope of - Held: The supervisory jurisdiction of High Court u/Art.227 is confined only to see whether an inferior court or G tribunal has proceeded within t.he parameters of its jurisdiction -In the exercise of its jurisdiction u/A11.227, the High Court doe…
Supreme Court of India15 Dec 2017Full text
2017 INSC 1239 · [2017] 12 S.C.R. 774
[2017] 12 S.C.R. 774 A TEESTA ATUL SETALVAD v. THE STATE OF GUJARAT (Criminal Appeal No. 1099 of2017) B DECEMBER 15,2017 [DIPAK MISRA, CJI AND A. M. KHANWILKAR, JJ.] Code of Criminal Procedure Code, 1973: s.102 - Sweep, purport and applicability of - Prosecution c alleged that two Trusts run by the private appellants a…
Supreme Court of India15 Dec 2017Full text
2017 INSC 1238 · [2017] 12 S.C.R. 246
1.2 This notwithstanding, in course of the hearing, the Assistant Commissioner, Endowments, who was present in court was enquired as to the legally prescribed procedure prevalent at E the relevant point of time for registration of the endowment of the kind as involved. This is more so in view of the insistent stand of …
Supreme Court of India15 Dec 2017Full text
2017 INSC 1237 · [2017] 13 S.C.R. 268
270 SUPREME COURT REPORTS. [2017] 13 S.C.R. A available for commissioning the new dealership is patently wrong. In view of the persistent omissions and commissions of the Corporation, that it is not unlikely that all these might have been strategised to eventually benefit the respondent in the long run. [Para 22) [284-…
Supreme Court of India15 Dec 2017Full text
2017 INSC 1236 · [2017] 12 S.C.R. 517
[2017] 12 S.C.R. 517 TATA IRON AND STEEL CO. LTD. & ANOTHER A v. STATE OF BIHAR & OTHERS (Civil Appeal No. 5360 of 2005 etc.) DECEMBER 15, 2017 B [J. CHELAMESWAR AND S. ABDUL NAZEER, JJ.] Constitution of India: Art.265 and 366(28) - Large chunk of land allocated to · c· appellant-Company by the State - Water of the riv…
Supreme Court of India14 Dec 2017Full text
2017 INSC 1234 · [2017] 12 S.C.R. 487
HELD: 1. High Court failed to assign any reason for rejecting the bail application of the appellant. The general observations that "Looking to the overall facts and circumstances E of the case, it is not considered proper to grant bail to the Petitioner" can never be the reasoning much less judicial reasoning required …
Supreme Court of India14 Dec 2017Full text
2017 INSC 1233 · [2017] 12 S.C.R. 222
222 MADAN MOHAN v. STATE OF RAJASTHAN & ORS. 223 single judge of High Court set aside the portion of the order of A Sessions judge which had directed issuance of non-bailable warrant of arrest of respondent no.2 and 3 while summoning them - High Court then proceeded to issue further direction to respondent no.2 and 3 t…
Supreme Court of India14 Dec 2017Full text
2017 INSC 1232 · [2017] 14 S.C.R. 479
- Equally, while setting aside the judgment of the single judge. the Division Bench did not state that the three expert committees have arrived at a perverse conclusion - In tender matters, s'cope of judicial review is limited - Not having found malafides or perversity F in the technical· expert reports. any appreciati…
Supreme Court of India14 Dec 2017Full text
2017 INSC 1230 · [2017] 12 S.C.R. 805
H 805 806 SUPREME COURT REPORTS [2017] 12 S.C.R. A lntellec/l/al Property Rights - Trademark - Passing ufl -Proof/or estahlishing - Trinity test - Held: Three 111gredienls required to be prul'ecl by the plai11ti/Jfi1r establishing w1 action uf passing (?ff arc his goodwill, misrcprcse11/alion and damages. lntellect11af…
Supreme Court of India9 Feb 2017Full text
2017 INSC 123 · [2017] 1 S.C.R. 614
ASSOCIATION OF VICTIMS OF UPHAAR TRAGEDY v. 615 SUSHIL ANSAL AND ANOTHER penalogica/ purpose of deterrence having regard also to A recidivism - Having regard to the wide discretion available to the court u/s. 304-A, and the High Court and this Court, in appeal, had limited the imprisonment to one year, the punishment w…
Supreme Court of India14 Dec 2017Full text
2017 INSC 1228 · [2017] 12 S.C.R. 217
218 SUPREME COURT REPORTS [2017] 12 S:C.R. A anyway, unreasonable and/or unacceptable. Rather, the view recorded by the High Court is a perfectly possible and justified and the conclusion(s) reached can reasonably flow from a balanced consideration of the evidence and materials on record. [Paras 14, 15] [221-C-F] B CIV…
Supreme Court of India14 Dec 2017Full text
2017 INSC 1227 · [2017] 12 S.C.R. 452
[2017) 12 S.C.R. 452 A JOSEPH v. STATE, REP. BY INSPECTOR OF POLICE . (Criminal Appeal No.413 of2012) B DECEMBER 14, 2017 [RANJAN GOGOI AND R. BANUMATHI, JJ.] Penal Code, 1860 - s.302 r/w. s.149 - Conviction under, of appellants - Propriety - Two factions assembled to attend funeral c of PW-2 's cousin - Accused party …
Supreme Court of India14 Dec 2017Full text
2017 INSC 1226 · [2017] 14 S.C.R. 409
409 410 SUPREME COURT REPORTS [2017] 14 S.C.R. A based on a scientific study of various parameters including mining reserves - However. various features of the current scenario on the ground as highlighted in the report of the Central Empowered Committee (CEC) deserve a close look/consideration - Assessment of reserves…
Supreme Court of India14 Dec 2017Full text
2017 INSC 1225 · [2017] 14 S.C.R. 488
P.S. Dutta, Sr. Adv., Karunakar Mahalik, B. Vishwanath .Bhandarkar, Priyang Nath i;hukla, V.N. Raghupathy, Advs. for the G 'Appellant. :· Shailesh Madiyal, Mahesh Thakur, Sudhanshu, Advs. for the Respondent. H 490 SUPREME COURT REPORTS [2017] 14 S.C.R. A The Judgment of the Court was delivered by R. BANUMATHI, J. 1. Th…
Supreme Court of India13 Dec 2017Full text
2017 INSC 1223 · [2017] 13 S.C.R. 293
FIR: Delay in lodging of - Effect - Held: Delay in lodging of complaint and the registration of FIR is normally viewed with suspicion because there is a possibility of concoction and the courts should subject evidence as well as contents of FIR to carefid scn1tiny H 293 294 SUPREME COURT REPORTS [2017] 13 S.C.R. A - Wh…
Supreme Court of India13 Dec 2017Full text
2017 INSC 1221 · [2017] 12 S.C.R. 153
Disposing of the writ petition the Court G HELD: 1.1 The Nodal Agency and the Expert Committee are directed to hold a meeting and have the assistance of the Counsel for the petitioner and his team so that there can be a holistic understanding and approach to the problem. The Nodal Agency and the Expert Committee shall …
Supreme Court of India9 Feb 2017Full text
2017 INSC 122 · [2017] 2 S.C.R. 1
f201712 S.C.R. 1 · M/S. PUROHIT AND COMPANY A v. KHATOONBEE AND ANR. (Civil Appeal No. 2555 of2017) B FEBRUARY 09, 2017 [JAGDISH SINGH KHEHAR, CJI, N. V. RAMANA AND DR. D. Y. CHANDRACHUD, JJ.) Delay I Laches: Delay of 28 years - In filing claim petition uls. 166 of Motor c Vehicles Act, 1988 - Entertained by courts bel…
Also on Law on Tips: Bare Acts · Legal news and analysis
- Pursuant thereto Celltral Government issued a Notification which E provided that any premises sealed in pursuance of a judgment, orders or decree of any court after 1.1.2006, would be eligible to be restored for. a period of one year - By the time the Act was enacted and Notification was issued, 5006 commercial estab…
Supreme Court of India15 Dec 2017Full text
2017 INSC 1241 · [2017] 13 S.C.R. 751
Allowing the appeals, the Court HELD: Whether. in relation to an operational debt, the provision contained in Section 9(3){c) of the Code is mandatory. E 1.1 From sub-clause (c) of Section 9(3) of the Insolvency and Bankruptcy Code, 2016, it is clear that a copy of the certificate from the financial institution maintai…
Supreme Court of India15 Dec 2017Full text
2017 INSC 1240 · [2017] 12 S.C.R. 531
Constitution of India - Art.227 - Power under, of High Court - Scope of - Held: The supervisory jurisdiction of High Court u/Art.227 is confined only to see whether an inferior court or G tribunal has proceeded within t.he parameters of its jurisdiction -In the exercise of its jurisdiction u/A11.227, the High Court doe…
Supreme Court of India15 Dec 2017Full text
2017 INSC 1239 · [2017] 12 S.C.R. 774
[2017] 12 S.C.R. 774 A TEESTA ATUL SETALVAD v. THE STATE OF GUJARAT (Criminal Appeal No. 1099 of2017) B DECEMBER 15,2017 [DIPAK MISRA, CJI AND A. M. KHANWILKAR, JJ.] Code of Criminal Procedure Code, 1973: s.102 - Sweep, purport and applicability of - Prosecution c alleged that two Trusts run by the private appellants a…
Supreme Court of India15 Dec 2017Full text
2017 INSC 1238 · [2017] 12 S.C.R. 246
1.2 This notwithstanding, in course of the hearing, the Assistant Commissioner, Endowments, who was present in court was enquired as to the legally prescribed procedure prevalent at E the relevant point of time for registration of the endowment of the kind as involved. This is more so in view of the insistent stand of …
Supreme Court of India15 Dec 2017Full text
2017 INSC 1237 · [2017] 13 S.C.R. 268
270 SUPREME COURT REPORTS. [2017] 13 S.C.R. A available for commissioning the new dealership is patently wrong. In view of the persistent omissions and commissions of the Corporation, that it is not unlikely that all these might have been strategised to eventually benefit the respondent in the long run. [Para 22) [284-…
Supreme Court of India15 Dec 2017Full text
2017 INSC 1236 · [2017] 12 S.C.R. 517
[2017] 12 S.C.R. 517 TATA IRON AND STEEL CO. LTD. & ANOTHER A v. STATE OF BIHAR & OTHERS (Civil Appeal No. 5360 of 2005 etc.) DECEMBER 15, 2017 B [J. CHELAMESWAR AND S. ABDUL NAZEER, JJ.] Constitution of India: Art.265 and 366(28) - Large chunk of land allocated to · c· appellant-Company by the State - Water of the riv…
Supreme Court of India14 Dec 2017Full text
2017 INSC 1234 · [2017] 12 S.C.R. 487
HELD: 1. High Court failed to assign any reason for rejecting the bail application of the appellant. The general observations that "Looking to the overall facts and circumstances E of the case, it is not considered proper to grant bail to the Petitioner" can never be the reasoning much less judicial reasoning required …
Supreme Court of India14 Dec 2017Full text
2017 INSC 1233 · [2017] 12 S.C.R. 222
222 MADAN MOHAN v. STATE OF RAJASTHAN & ORS. 223 single judge of High Court set aside the portion of the order of A Sessions judge which had directed issuance of non-bailable warrant of arrest of respondent no.2 and 3 while summoning them - High Court then proceeded to issue further direction to respondent no.2 and 3 t…
Supreme Court of India14 Dec 2017Full text
2017 INSC 1232 · [2017] 14 S.C.R. 479
- Equally, while setting aside the judgment of the single judge. the Division Bench did not state that the three expert committees have arrived at a perverse conclusion - In tender matters, s'cope of judicial review is limited - Not having found malafides or perversity F in the technical· expert reports. any appreciati…
Supreme Court of India14 Dec 2017Full text
2017 INSC 1230 · [2017] 12 S.C.R. 805
H 805 806 SUPREME COURT REPORTS [2017] 12 S.C.R. A lntellec/l/al Property Rights - Trademark - Passing ufl -Proof/or estahlishing - Trinity test - Held: Three 111gredienls required to be prul'ecl by the plai11ti/Jfi1r establishing w1 action uf passing (?ff arc his goodwill, misrcprcse11/alion and damages. lntellect11af…
Supreme Court of India9 Feb 2017Full text
2017 INSC 123 · [2017] 1 S.C.R. 614
ASSOCIATION OF VICTIMS OF UPHAAR TRAGEDY v. 615 SUSHIL ANSAL AND ANOTHER penalogica/ purpose of deterrence having regard also to A recidivism - Having regard to the wide discretion available to the court u/s. 304-A, and the High Court and this Court, in appeal, had limited the imprisonment to one year, the punishment w…
Supreme Court of India14 Dec 2017Full text
2017 INSC 1228 · [2017] 12 S.C.R. 217
218 SUPREME COURT REPORTS [2017] 12 S:C.R. A anyway, unreasonable and/or unacceptable. Rather, the view recorded by the High Court is a perfectly possible and justified and the conclusion(s) reached can reasonably flow from a balanced consideration of the evidence and materials on record. [Paras 14, 15] [221-C-F] B CIV…
Supreme Court of India14 Dec 2017Full text
2017 INSC 1227 · [2017] 12 S.C.R. 452
[2017) 12 S.C.R. 452 A JOSEPH v. STATE, REP. BY INSPECTOR OF POLICE . (Criminal Appeal No.413 of2012) B DECEMBER 14, 2017 [RANJAN GOGOI AND R. BANUMATHI, JJ.] Penal Code, 1860 - s.302 r/w. s.149 - Conviction under, of appellants - Propriety - Two factions assembled to attend funeral c of PW-2 's cousin - Accused party …
Supreme Court of India14 Dec 2017Full text
2017 INSC 1226 · [2017] 14 S.C.R. 409
409 410 SUPREME COURT REPORTS [2017] 14 S.C.R. A based on a scientific study of various parameters including mining reserves - However. various features of the current scenario on the ground as highlighted in the report of the Central Empowered Committee (CEC) deserve a close look/consideration - Assessment of reserves…
Supreme Court of India14 Dec 2017Full text
2017 INSC 1225 · [2017] 14 S.C.R. 488
P.S. Dutta, Sr. Adv., Karunakar Mahalik, B. Vishwanath .Bhandarkar, Priyang Nath i;hukla, V.N. Raghupathy, Advs. for the G 'Appellant. :· Shailesh Madiyal, Mahesh Thakur, Sudhanshu, Advs. for the Respondent. H 490 SUPREME COURT REPORTS [2017] 14 S.C.R. A The Judgment of the Court was delivered by R. BANUMATHI, J. 1. Th…
Supreme Court of India13 Dec 2017Full text
2017 INSC 1223 · [2017] 13 S.C.R. 293
FIR: Delay in lodging of - Effect - Held: Delay in lodging of complaint and the registration of FIR is normally viewed with suspicion because there is a possibility of concoction and the courts should subject evidence as well as contents of FIR to carefid scn1tiny H 293 294 SUPREME COURT REPORTS [2017] 13 S.C.R. A - Wh…
Supreme Court of India13 Dec 2017Full text
2017 INSC 1221 · [2017] 12 S.C.R. 153
Disposing of the writ petition the Court G HELD: 1.1 The Nodal Agency and the Expert Committee are directed to hold a meeting and have the assistance of the Counsel for the petitioner and his team so that there can be a holistic understanding and approach to the problem. The Nodal Agency and the Expert Committee shall …
Supreme Court of India9 Feb 2017Full text
2017 INSC 122 · [2017] 2 S.C.R. 1
f201712 S.C.R. 1 · M/S. PUROHIT AND COMPANY A v. KHATOONBEE AND ANR. (Civil Appeal No. 2555 of2017) B FEBRUARY 09, 2017 [JAGDISH SINGH KHEHAR, CJI, N. V. RAMANA AND DR. D. Y. CHANDRACHUD, JJ.) Delay I Laches: Delay of 28 years - In filing claim petition uls. 166 of Motor c Vehicles Act, 1988 - Entertained by courts bel…
Also on Law on Tips: Bare Acts · Legal news and analysis