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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.
7,661–7,680 · Page 384 of 500
Supreme Court of India14 Jan 2016Full text
[2016] 1 S.C.R. 162
Allowing the appeal, the Court, HELD: 1.1 The tribunal can dislodge or confirm or modify the order. The vesting of jurisdiction with the tribunal by the F statute is beyond any pale of controversy. When a jurisdiction is exercised, it has to be exercised in accordance with law, regard being had to the factual matrix of…
Supreme Court of India28 Sep 2016Full 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.
7,661–7,680 · Page 384 of 500
Supreme Court of India14 Jan 2016Full text
[2016] 1 S.C.R. 162
Allowing the appeal, the Court, HELD: 1.1 The tribunal can dislodge or confirm or modify the order. The vesting of jurisdiction with the tribunal by the F statute is beyond any pale of controversy. When a jurisdiction is exercised, it has to be exercised in accordance with law, regard being had to the factual matrix of…
Supreme Court of India28 Sep 2016Full text
2020 INSC 412 · [2016] 7 S.C.R. 263
Allowing the appeal, HELD : 1. The case of the prosecution as far as A-3 and A-4 are concerned rests heavily on the evidence of PW-10 and PW-11, whose evidence is supported by the evidence of PW-33 and G PW-34. From a perusal of the evidence of PW-10 and PW-11, it becomes clear that they are accomplice witnesses. PW-10…
Supreme Court of India31 Aug 2016Full text
2019 INSC 81 · [2016] 6 S.C.R. 362
- On 1O. I.1997. appellalll filing suil for recm•e1:y of Rs.53. 68 lacs on account of inlerest on delayed payments and fi1ture interest -D Afaintllinllbility of the sui/ - Held: D[fference <!f opinion between the judges - Per V. Gop(l/a Gowda, J: Proi·isions of !he Act are retroactire in nature: and non consideration o…
Supreme Court of India4 May 2016Full text
2019 INSC 1111 · [2016] 6 S.C.R. 748
Commercial Tax Officer, Hyderabad (2008) 12 VST 598 (SC); Cosmopolitan Club v. State of Tamil Nadu & Ors. (2009) 19 VST 456 (SC); Northern India Caterers H 750 SUPREME COURT REPORTS [2016) 6 S.C.R. A (India) Ltd. v. Lt. Governor of Delhi (1978) 4 SCC 36: 1979 (1) SCR 557; Joint Commercial Tax Qfficer v. YounK Mens Indi…
Supreme Court of India11 Nov 2016Full text
2018 INSC 981 · [2016] 11 S.C.R. 812
ARJUN GOPALAND ORS. v. UNION OF INDIA & ORS. 813 Environment - Pollution -Air/noise pollution. A Explosive Rules, 2008 - r.118, sub-rule (5) - Suspension! Cancellation of licence - Held: sub-rule 5 confers on the Central Government a power to suspend or cancel a license if it considers so to do in public interest, even…
Supreme Court of India18 Jul 2016Full text
2018 INSC 686 · [2016] 8 S.C.R. 606
[2016] 8 S.C.R. 606 A BOARD OF CONTROL FOR CRICKET v. CRICKET ASSOCIATION OF BIHAR & ORS. (Civil Appeal No.4235 of2014) B JULY 18, 2016 (T.S. THAKUR, CJI AND FAKKIR MOHAMED IBRAHIM KALIFULLA, J.] SPORTS: Cricket administration - Recommendations made by Lodha Committee for streamlining the working of the BCCI -c The Com…
Supreme Court of India3 Oct 2016Full text
2017 INSC 955 · [2016] 7 S.C.R. 1001
Juvenile Justice - Prison Manual - Manual for juveniles in custody - Preparation of - Delay - Held: Minist1y of Women and Child Development to expedite the preparation of the Manual and ensure it is ready on or before 30'1' November, 2016 - Jzn1enile Justice (Care and Protection of Children) Act, 2015. E D. Bhuvan Moha…
Supreme Court of India5 Feb 2016Full text
2017 INSC 955 · [2016] 1 S.C.R. 1090
1090 RE-INHUMAN CONDITIONS IN 1382 PRISONS 1091 or Special Homes of Safety in terms of Juvenile Justice (Care and A Protection of Children) Act, 2015. Simi/ Batra (Il) v. Delhi Administration (1980) 3 SCC 488: 1980 (2) SCR 557; Rama Murthy v. State of Karnataka (1997) 2 SCC 642; T. K. Gopal v. State of Kamataka (2000) …
Supreme Court of India4 Apr 2016Full text
2017 INSC 700 · [2016] 2 S.C.R. 243
- Whether leaseholders have subsisting right to carry on mining operation - Held: Unless an order is passed by the State Government declaring, that a mining lease has lapsed, the mining lease would be deemed to be subsisting, upto the date of expiry of the lease period provided by the lease document - Vital vested righ…
Supreme Court of India11 Feb 2016Full text
2017 INSC 576 · [2016] 3 S.C.R. 1075
WITH B SLP(C) Nos. 32828, 32833, 32835, 32827 of2010. C.A. Nos. 4068-4069, 8992 of2012, SLP(C) No. 16082of2012, SLP(C) Nos. 887-890, 28455-28456of2013, C.A. No. 6379of2013, SLP(C) Nos. 8709-8710, 8712-8713, 14333-14334, 8704-8706, 13008, 15759-15760, 36364-36365 of 2014, C.A. No. 9990 of 2014, SLP(C) Nos. 20072, 3300, …
Supreme Court of India15 Dec 2016Full text
2017 INSC 302 · [2016] 11 S.C.R. 244
Motor Vehicles Act, 1988: s.185 - Object of - Held: s.185 is indicative of a parliamentary intent to follow a zero tolerance policy towards driving under the influence of alcohol. Constitution of India: Art.19(1){g) -There is no funda111ental F right under Art.19(1)(g) to trade in liquor - Liquor has been regarded as r…
Supreme Court of India12 May 2016Full text
2017 INSC 131 · [2016] 7 S.C.R. 822
[2016] 7 S.C.R. 822 A NIDHI KA!M v. STATE OF MADHYA PRADESH & OTHERS ETC. (CivilAppealNo. 1727 of2016) B MAY 12, 2016 [J. CHELAMESWAR AND ABHAY MANOHAR SAPRE, JJ.) Madhya Pradesh Professional Examination Board Act, 2007: s.3 - Madhya Pradesh Professional Examination Board c popularly known as Vyavsayik Pariksha Manda! …
Supreme Court of India21 Jul 2016Full text
2017 INSC 1116 · [2016] 7 S.C.R. 445
Appointment - Declaration of employee as to concluded criminal case - Held: Where the employee has made declaration B truthfully of a concluded criminal case, the employer still has the right . to consider antecedents, and cannot be compelled to appoint the candidate. Appointment - Declaration of employee as to pendenc…
Supreme Court of India28 Oct 2016Full text
2016 INSC 998 · [2016] 8 S.C.R. 827
- HUDA directed to take disciplinary action against those found responsible and to punish the111 in accordance with law - Even though the appellant has been a beneficiary of a so called fraudulent allotment yet in view of the facts and circumstances of the case F demolition of the house and restoration of the plot to H…
Supreme Court of India28 Oct 2016Full text
2016 INSC 996 · [2016] 7 S.C.R. 1008
[2016] 7 S.C.R. 1008 A COMMISSIONER OF COMMERCIAL TAXES & ORS. v. MIS BAJAJ AUTO LTD. & ANR. (Civil Appeal Nos. 5913-5920 of2008) B OCTOBER 28, 2016 [SHIVA KIRTI SINGH AND R.K. AGRAWAL, JJ.] Orissa Sales Tax Act, 1947 - s.5A - Levy of surcharge under - Co111putatio11 of - Whether surcharge u/s. 5A is to be c computed o…
Supreme Court of India27 Oct 2016Full text
2016 INSC 994 · [2016] 6 S.C.R. 541
541 542 SUPREME COURT REPORTS [2016] 6 S.C.R. A of the applicants entitled for Reservist Pension in terms of Regn. 92 - All Sailors appointed prior to 03.07.1976 and whose tenure of initial active service/empanelment period expired on or after 03.07.1976 eligible for Special Pension under Regn. 95, subject to fulfillin…
Supreme Court of India26 Oct 2016Full text
2016 INSC 993 · [2016] 7 S.C.R. 350
(i) The 'onus of proof', of parity in the duties and F responsibilities of the subject post with the reference post, under the principle of 'equal pay .for equal work', lies on the person who claims it. He who approaches the Court has to establish, that the subject post occupied by him, requires him to discharge equal …
Supreme Court of India26 Oct 2016Full text
2016 INSC 991 · [2016] 5 S.C.R. 865
- Objective of s. 5(2) is to assess the sale of branded goods by the brand name holder to the market and the inter se sale between the brand name holders is not intended to be covered bys. 5(2) - When F the goods are sold under the brand name, necessarily, it has to assume that the marketing company is the holder of th…
Supreme Court of India26 Oct 2016Full text
2016 INSC 990 · [2016] 6 S.C.R. 766
[2016] 6 S.C.R. 766 A NAVJOT SINGH SIDHU v. OM PARKASH SONI & ORS. (Civil Appeal No. l 0353of2016) B OCTOBER 26, 2016 (RANJAN GOGOi AND ABHAY MANOHAR SAPRE, JJ.) Election Laws - Election petition - Application u!Or. VI, 1: 16 and Or. Vil, r.11 of CPC by the returned candidate - Seeking c dismissal of petition as no tri…
Supreme Court of India28 Jan 2016Full text
2016 INSC 99 · [2016] 1 S.C.R. 18
G Title of the landlord of the suit premises - Examination of -As to whether the tenancy was between the appellants-wife and sons of deceased landlord and respondent No. 1 -tenant or between the power of attorney holder of landlord and respondent No. I -tenant - Held: Tenancy was between the landlord-original owner and…
Also on Law on Tips: Bare Acts · Legal news and analysis
2020 INSC 412 · [2016] 7 S.C.R. 263
Allowing the appeal, HELD : 1. The case of the prosecution as far as A-3 and A-4 are concerned rests heavily on the evidence of PW-10 and PW-11, whose evidence is supported by the evidence of PW-33 and G PW-34. From a perusal of the evidence of PW-10 and PW-11, it becomes clear that they are accomplice witnesses. PW-10…
Supreme Court of India31 Aug 2016Full text
2019 INSC 81 · [2016] 6 S.C.R. 362
- On 1O. I.1997. appellalll filing suil for recm•e1:y of Rs.53. 68 lacs on account of inlerest on delayed payments and fi1ture interest -D Afaintllinllbility of the sui/ - Held: D[fference <!f opinion between the judges - Per V. Gop(l/a Gowda, J: Proi·isions of !he Act are retroactire in nature: and non consideration o…
Supreme Court of India4 May 2016Full text
2019 INSC 1111 · [2016] 6 S.C.R. 748
Commercial Tax Officer, Hyderabad (2008) 12 VST 598 (SC); Cosmopolitan Club v. State of Tamil Nadu & Ors. (2009) 19 VST 456 (SC); Northern India Caterers H 750 SUPREME COURT REPORTS [2016) 6 S.C.R. A (India) Ltd. v. Lt. Governor of Delhi (1978) 4 SCC 36: 1979 (1) SCR 557; Joint Commercial Tax Qfficer v. YounK Mens Indi…
Supreme Court of India11 Nov 2016Full text
2018 INSC 981 · [2016] 11 S.C.R. 812
ARJUN GOPALAND ORS. v. UNION OF INDIA & ORS. 813 Environment - Pollution -Air/noise pollution. A Explosive Rules, 2008 - r.118, sub-rule (5) - Suspension! Cancellation of licence - Held: sub-rule 5 confers on the Central Government a power to suspend or cancel a license if it considers so to do in public interest, even…
Supreme Court of India18 Jul 2016Full text
2018 INSC 686 · [2016] 8 S.C.R. 606
[2016] 8 S.C.R. 606 A BOARD OF CONTROL FOR CRICKET v. CRICKET ASSOCIATION OF BIHAR & ORS. (Civil Appeal No.4235 of2014) B JULY 18, 2016 (T.S. THAKUR, CJI AND FAKKIR MOHAMED IBRAHIM KALIFULLA, J.] SPORTS: Cricket administration - Recommendations made by Lodha Committee for streamlining the working of the BCCI -c The Com…
Supreme Court of India3 Oct 2016Full text
2017 INSC 955 · [2016] 7 S.C.R. 1001
Juvenile Justice - Prison Manual - Manual for juveniles in custody - Preparation of - Delay - Held: Minist1y of Women and Child Development to expedite the preparation of the Manual and ensure it is ready on or before 30'1' November, 2016 - Jzn1enile Justice (Care and Protection of Children) Act, 2015. E D. Bhuvan Moha…
Supreme Court of India5 Feb 2016Full text
2017 INSC 955 · [2016] 1 S.C.R. 1090
1090 RE-INHUMAN CONDITIONS IN 1382 PRISONS 1091 or Special Homes of Safety in terms of Juvenile Justice (Care and A Protection of Children) Act, 2015. Simi/ Batra (Il) v. Delhi Administration (1980) 3 SCC 488: 1980 (2) SCR 557; Rama Murthy v. State of Karnataka (1997) 2 SCC 642; T. K. Gopal v. State of Kamataka (2000) …
Supreme Court of India4 Apr 2016Full text
2017 INSC 700 · [2016] 2 S.C.R. 243
- Whether leaseholders have subsisting right to carry on mining operation - Held: Unless an order is passed by the State Government declaring, that a mining lease has lapsed, the mining lease would be deemed to be subsisting, upto the date of expiry of the lease period provided by the lease document - Vital vested righ…
Supreme Court of India11 Feb 2016Full text
2017 INSC 576 · [2016] 3 S.C.R. 1075
WITH B SLP(C) Nos. 32828, 32833, 32835, 32827 of2010. C.A. Nos. 4068-4069, 8992 of2012, SLP(C) No. 16082of2012, SLP(C) Nos. 887-890, 28455-28456of2013, C.A. No. 6379of2013, SLP(C) Nos. 8709-8710, 8712-8713, 14333-14334, 8704-8706, 13008, 15759-15760, 36364-36365 of 2014, C.A. No. 9990 of 2014, SLP(C) Nos. 20072, 3300, …
Supreme Court of India15 Dec 2016Full text
2017 INSC 302 · [2016] 11 S.C.R. 244
Motor Vehicles Act, 1988: s.185 - Object of - Held: s.185 is indicative of a parliamentary intent to follow a zero tolerance policy towards driving under the influence of alcohol. Constitution of India: Art.19(1){g) -There is no funda111ental F right under Art.19(1)(g) to trade in liquor - Liquor has been regarded as r…
Supreme Court of India12 May 2016Full text
2017 INSC 131 · [2016] 7 S.C.R. 822
[2016] 7 S.C.R. 822 A NIDHI KA!M v. STATE OF MADHYA PRADESH & OTHERS ETC. (CivilAppealNo. 1727 of2016) B MAY 12, 2016 [J. CHELAMESWAR AND ABHAY MANOHAR SAPRE, JJ.) Madhya Pradesh Professional Examination Board Act, 2007: s.3 - Madhya Pradesh Professional Examination Board c popularly known as Vyavsayik Pariksha Manda! …
Supreme Court of India21 Jul 2016Full text
2017 INSC 1116 · [2016] 7 S.C.R. 445
Appointment - Declaration of employee as to concluded criminal case - Held: Where the employee has made declaration B truthfully of a concluded criminal case, the employer still has the right . to consider antecedents, and cannot be compelled to appoint the candidate. Appointment - Declaration of employee as to pendenc…
Supreme Court of India28 Oct 2016Full text
2016 INSC 998 · [2016] 8 S.C.R. 827
- HUDA directed to take disciplinary action against those found responsible and to punish the111 in accordance with law - Even though the appellant has been a beneficiary of a so called fraudulent allotment yet in view of the facts and circumstances of the case F demolition of the house and restoration of the plot to H…
Supreme Court of India28 Oct 2016Full text
2016 INSC 996 · [2016] 7 S.C.R. 1008
[2016] 7 S.C.R. 1008 A COMMISSIONER OF COMMERCIAL TAXES & ORS. v. MIS BAJAJ AUTO LTD. & ANR. (Civil Appeal Nos. 5913-5920 of2008) B OCTOBER 28, 2016 [SHIVA KIRTI SINGH AND R.K. AGRAWAL, JJ.] Orissa Sales Tax Act, 1947 - s.5A - Levy of surcharge under - Co111putatio11 of - Whether surcharge u/s. 5A is to be c computed o…
Supreme Court of India27 Oct 2016Full text
2016 INSC 994 · [2016] 6 S.C.R. 541
541 542 SUPREME COURT REPORTS [2016] 6 S.C.R. A of the applicants entitled for Reservist Pension in terms of Regn. 92 - All Sailors appointed prior to 03.07.1976 and whose tenure of initial active service/empanelment period expired on or after 03.07.1976 eligible for Special Pension under Regn. 95, subject to fulfillin…
Supreme Court of India26 Oct 2016Full text
2016 INSC 993 · [2016] 7 S.C.R. 350
(i) The 'onus of proof', of parity in the duties and F responsibilities of the subject post with the reference post, under the principle of 'equal pay .for equal work', lies on the person who claims it. He who approaches the Court has to establish, that the subject post occupied by him, requires him to discharge equal …
Supreme Court of India26 Oct 2016Full text
2016 INSC 991 · [2016] 5 S.C.R. 865
- Objective of s. 5(2) is to assess the sale of branded goods by the brand name holder to the market and the inter se sale between the brand name holders is not intended to be covered bys. 5(2) - When F the goods are sold under the brand name, necessarily, it has to assume that the marketing company is the holder of th…
Supreme Court of India26 Oct 2016Full text
2016 INSC 990 · [2016] 6 S.C.R. 766
[2016] 6 S.C.R. 766 A NAVJOT SINGH SIDHU v. OM PARKASH SONI & ORS. (Civil Appeal No. l 0353of2016) B OCTOBER 26, 2016 (RANJAN GOGOi AND ABHAY MANOHAR SAPRE, JJ.) Election Laws - Election petition - Application u!Or. VI, 1: 16 and Or. Vil, r.11 of CPC by the returned candidate - Seeking c dismissal of petition as no tri…
Supreme Court of India28 Jan 2016Full text
2016 INSC 99 · [2016] 1 S.C.R. 18
G Title of the landlord of the suit premises - Examination of -As to whether the tenancy was between the appellants-wife and sons of deceased landlord and respondent No. 1 -tenant or between the power of attorney holder of landlord and respondent No. I -tenant - Held: Tenancy was between the landlord-original owner and…
Also on Law on Tips: Bare Acts · Legal news and analysis