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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.
7,921–7,940 · Page 397 of 500
Supreme Court of India11 May 2016Full text
2016 INSC 410 · [2016] 9 S.C.R. 1
2 SUPREME COURT REPORTS [2016] 9 S.C.R. A and the same has been framed without intelligent care and deliberation. Arts.19(l)(g) and 19(6) - A proper balance between the freedoms guaranteed u/Art. 19(1)(g) and the control permitted u/Art. 19(6) must be struck in all cases before the impugned law can be B said to be a re…
Supreme Court of India12 Jan 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.
7,921–7,940 · Page 397 of 500
Supreme Court of India11 May 2016Full text
2016 INSC 410 · [2016] 9 S.C.R. 1
2 SUPREME COURT REPORTS [2016] 9 S.C.R. A and the same has been framed without intelligent care and deliberation. Arts.19(l)(g) and 19(6) - A proper balance between the freedoms guaranteed u/Art. 19(1)(g) and the control permitted u/Art. 19(6) must be struck in all cases before the impugned law can be B said to be a re…
Supreme Court of India12 Jan 2016Full text
2016 INSC 41 · [2016] 1 S.C.R. 256
Allowing the appeals, the Court HELD: 1.1 A partition of joint family property among F brothers is expressly mentioned in Section S(l)(b) of the Hindu Law Women's Rights Act, 1933 (Mysore Act No. X of 1933). Therefore, upon partition of joint family property between 'T' and his older brother, it is only their mother, t…
Supreme Court of India11 May 2016Full text
2016 INSC 409 · [2016] 2 S.C.R. 682
ESTATE OFFICER UT CHANDIGARH v. ESYS INFORMATION 683 TECHNOLOGIES PVT. LTD. which were required fodransfer of shares. Thus, under the garb A of transfer of shares, the respondents have completed the sale and is creating a screen to conceal this aspect. Deal with Teledata is also apparent from the affidavit of Mr. Vikas…
Supreme Court of India11 May 2016Full text
2016 INSC 406 · [2016] 3 S.C.R. 516
- Power of revision u/s. 263 is not co11tinge11t 011 the gh>ing of a notice to show cause - Requirement u/s.263 is an opportunity of D hearing to the assessee and failure of the same renders the revisional order legally ji-agile - Full opportunity to controvert the same and to explain the circumstances surrounding such…
Supreme Court of India11 May 2016Full text
2016 INSC 405 · [2016] 3 S.C.R. 718
718 M/S MANUELSONS HOTELS PRIVATE LIMITED v. STATE OF · 719 KERALA the present case is that for the period that s.3A was in force, no A building tax was payable by the app~llants - However, for the period post 1. 3.1993, no statutory provision for the grant of exemption being available, no relief can be given to the ap…
Supreme Court of India11 May 2016Full text
2016 INSC 402 · [2016] 8 S.C.R. 247
Consequently, the confessions of Accused Nos.A9, AlO, All and H MOHD. JALEES ANSARI AND OTHERS v. CENTRAL 249 BUREAl;J OF INVESTIGATION Al3 are without any legal sanction and cannot be relied upon. A [Para 46)(287-C-F] 1.3 So far as the present cases are coucerned, registration of crime under the provisions of TADA Act…
Supreme Court of India10 May 2016Full text
2016 INSC 401 · [2016] 2 S.C.R. 504
Dismissing the appeal, the Court HELD: 1. Section 190 empowers any Magistrate of the F First Class, and any Magistrate of the Second Class which are specially empowered to take cognizance "of any offence" under three circumstances mentioned therein. These three circumstances include taking of cognizance upon a Police r…
Supreme Court of India10 May 2016Full text
2016 INSC 400 · [2016] 2 S.C.R. 666
- However, High Court set aside the decision of the trial court - On appeal, held: It was defendant who changed his stand and accepted the position as raised by plaintiff - Thereafter and therefore, under the spirit of s.5 of the Contract Act, defendant cannot resile fromE the mutually agreed position. Allowing the app…
Supreme Court of India10 May 2016Full text
2016 INSC 398 · [2016] 2 S.C.R. 772
(20 l 6] 2 S.C.R. 772 A VOHRA SADIKBHAI RAJAKBHAI & ORS. .v. STATE OF GUJARAT & ORS. (Civil Appeal No. 1866of2016) B MAY 10, 2016. [A.K. SIKRI AND R.K. AGRAWAL, JJ.J Compensation: Damage to private property - Claim for compensation - Release c of 60, 000 cusecs of water from dam - Because of release of water. land of a…
Supreme Court of India10 May 2016Full text
2016 INSC 397 · [2016] 4 S.C.R. 429
[2016) 4 S.C.R. 429 A. SlVAPRAKASH A v. STATE OF KERALA (Criminal Appeal No. 131 of2007) MAY JO, 2016 B [A.K. SIKRI AND PRAFULLA C. PANT, JJ.] Prevention of Corruption Act, 1988 - s.13(2) rlw s. JJ(l){d) -Proceedings under - Alleging that appellant-accused as a public servant issued a fake 'stage certificate' dated 9. …
Supreme Court of India9 May 2016Full text
2016 INSC 396 · [2016] 3 S.C.R. 542
Modern Dental College & Ors. v. State of MP. & Ors. 2016(4) JT 476 - relied on. Christian Medical College, Vellore v. Union of India H 2013 (7) SCR 908 = 2014 (2) SCC 305 - referred to. 542 ASSOCIATION OF MANAGEMENTS OF UNAIDED PRIVATE MEDICAL& 543 DENTAL COLLEGE &ANR. v. UNION OF INDIA& ORS. Case Law Reference A 2013 …
Supreme Court of India6 May 2016Full text
2016 INSC 390 · [2016] 4 S.C.R. 403
403 404 SUPREME COURT REPORTS [2016] 4 S.C.R. A candidates. MCI approached Supreme Court - Held: High Court considered the latest report of the Inspection Team as if it was hearing an appeal against the report - This was not within the domain of the High Court in exercise of its jurisdiction u!Art.226 -High Court plain…
Supreme Court of India6 May 2016Full text
2016 INSC 389 · [2016] 2 S.C.R. 595
Jayant Muth Raj, Sabrish Subramanian, Prabhurama Subramanian, Deepak Anand for the Appellant. E Vadrevu V. V. Pattabhiram, Nishant Ramakantrao Katneshwarkar for the Respondent. The Judgment of the Court was delivered by SHIVA KIRTI SINGH, J. 1. By the impugned judgment and order under appeal dated 06.01.2014 the High C…
Supreme Court of India6 May 2016Full text
2016 INSC 388 · [2016] 4 S.C.R. 391
392 SUPREME COURT REPORTS [2016] 4 S.C.R. A jurisprudence with almost universal application that an earlier adjudication between the same parties is conclusive in respect of the same subject matter. The Latin maxims relevant for explaining the concept of res judicata clearly specify that: (1) no man should be vexed twi…
Supreme Court of India6 May 2016Full text
2016 INSC 387 · [2016] 4 S.C.R. 417
[2016] 4 S.C.R. 417 SANTOSH DEVI A v. UNION OF INDIA. & ORS. (Civil Appeal No. 4853 of2016) MAY06,2016 8 [T. S. THAKUR, CJI AND R. BANUMATHI, J.) Family Pension - Entitlement - To the next of kin of deceased territorial army personnel - Who died in disembodied state and who had not put in pensionable service - Held: Wh…
Supreme Court of India6 May 2016Full text
2016 INSC 385 · [2016] 3 S.C.R. 766
- F company was not a sale - On appeal, held: The transaction in ..the present case is a tramfer and not sale - As per circular dated 1. 7.2001, in case of transfe1; the value to be adopted is the value ._ shown in the invoice on the basis of which CENVAT credit was taken by the assessee i.e. invoice of the supplier of…
Supreme Court of India6 May 2016Full text
2016 INSC 384 · [2016] 2 S.C.R. 468
G Sentence/Sentencing: Plea of leniency - Murder of pregnant wife - Plea that son aged 17 years old residing with the accused -Held: That cannot be a ground so as to sho11• any leniency in such kind of offence. particularly when the accused had not cared and caused death of his wife who was pregnalll, carrying 8 months…
Supreme Court of India5 May 2016Full text
2016 INSC 383 · [2016] 2 S.C.R. 759
From the Judgment and Order dated 21.10.2010 in CMWP No. 57925 of2008 passed by the High Court of Judicature at Allahabad. Kavin Gulati, Sr. Adv., Rajeev Dubey, Roh it Sthelekar, Kamlendra H Mishra fortheAppellant. ALIGARH DEVELOPMENT AUTHORITY v. MEGH SINGH 761 Dinesh Kumar Garg, Dhananjay Garg, Deepak Mishra, Gunnam …
Supreme Court of India11 Jan 2016Full text
2016 INSC 38 · [2016] 1 S.C.R. 179
F Allowing the appeal, the Court HELD: 1.1 In view of the evidence and circumstances of the case, what emerges is that it could not be said to be a case of consensual sexual intercourse. The victim had made a hue and cry on commission of rape on her and also on being threatened that she would narrate the incident to he…
Supreme Court of India5 May 2016Full text
2016 INSC 377 · [2016] 2 S.C.R. 341
Allowing the appeal, the Court HELD: 1. The fact that the appellant was younger brother Fof the deceased >yas within the knowledge of the State. Similarly, .the State was aware that the brother docs not fall within the definition of dependent at the relevant time and still the State authorities obtained the undertaking…
Also on Law on Tips: Bare Acts · Legal news and analysis
2016 INSC 41 · [2016] 1 S.C.R. 256
Allowing the appeals, the Court HELD: 1.1 A partition of joint family property among F brothers is expressly mentioned in Section S(l)(b) of the Hindu Law Women's Rights Act, 1933 (Mysore Act No. X of 1933). Therefore, upon partition of joint family property between 'T' and his older brother, it is only their mother, t…
Supreme Court of India11 May 2016Full text
2016 INSC 409 · [2016] 2 S.C.R. 682
ESTATE OFFICER UT CHANDIGARH v. ESYS INFORMATION 683 TECHNOLOGIES PVT. LTD. which were required fodransfer of shares. Thus, under the garb A of transfer of shares, the respondents have completed the sale and is creating a screen to conceal this aspect. Deal with Teledata is also apparent from the affidavit of Mr. Vikas…
Supreme Court of India11 May 2016Full text
2016 INSC 406 · [2016] 3 S.C.R. 516
- Power of revision u/s. 263 is not co11tinge11t 011 the gh>ing of a notice to show cause - Requirement u/s.263 is an opportunity of D hearing to the assessee and failure of the same renders the revisional order legally ji-agile - Full opportunity to controvert the same and to explain the circumstances surrounding such…
Supreme Court of India11 May 2016Full text
2016 INSC 405 · [2016] 3 S.C.R. 718
718 M/S MANUELSONS HOTELS PRIVATE LIMITED v. STATE OF · 719 KERALA the present case is that for the period that s.3A was in force, no A building tax was payable by the app~llants - However, for the period post 1. 3.1993, no statutory provision for the grant of exemption being available, no relief can be given to the ap…
Supreme Court of India11 May 2016Full text
2016 INSC 402 · [2016] 8 S.C.R. 247
Consequently, the confessions of Accused Nos.A9, AlO, All and H MOHD. JALEES ANSARI AND OTHERS v. CENTRAL 249 BUREAl;J OF INVESTIGATION Al3 are without any legal sanction and cannot be relied upon. A [Para 46)(287-C-F] 1.3 So far as the present cases are coucerned, registration of crime under the provisions of TADA Act…
Supreme Court of India10 May 2016Full text
2016 INSC 401 · [2016] 2 S.C.R. 504
Dismissing the appeal, the Court HELD: 1. Section 190 empowers any Magistrate of the F First Class, and any Magistrate of the Second Class which are specially empowered to take cognizance "of any offence" under three circumstances mentioned therein. These three circumstances include taking of cognizance upon a Police r…
Supreme Court of India10 May 2016Full text
2016 INSC 400 · [2016] 2 S.C.R. 666
- However, High Court set aside the decision of the trial court - On appeal, held: It was defendant who changed his stand and accepted the position as raised by plaintiff - Thereafter and therefore, under the spirit of s.5 of the Contract Act, defendant cannot resile fromE the mutually agreed position. Allowing the app…
Supreme Court of India10 May 2016Full text
2016 INSC 398 · [2016] 2 S.C.R. 772
(20 l 6] 2 S.C.R. 772 A VOHRA SADIKBHAI RAJAKBHAI & ORS. .v. STATE OF GUJARAT & ORS. (Civil Appeal No. 1866of2016) B MAY 10, 2016. [A.K. SIKRI AND R.K. AGRAWAL, JJ.J Compensation: Damage to private property - Claim for compensation - Release c of 60, 000 cusecs of water from dam - Because of release of water. land of a…
Supreme Court of India10 May 2016Full text
2016 INSC 397 · [2016] 4 S.C.R. 429
[2016) 4 S.C.R. 429 A. SlVAPRAKASH A v. STATE OF KERALA (Criminal Appeal No. 131 of2007) MAY JO, 2016 B [A.K. SIKRI AND PRAFULLA C. PANT, JJ.] Prevention of Corruption Act, 1988 - s.13(2) rlw s. JJ(l){d) -Proceedings under - Alleging that appellant-accused as a public servant issued a fake 'stage certificate' dated 9. …
Supreme Court of India9 May 2016Full text
2016 INSC 396 · [2016] 3 S.C.R. 542
Modern Dental College & Ors. v. State of MP. & Ors. 2016(4) JT 476 - relied on. Christian Medical College, Vellore v. Union of India H 2013 (7) SCR 908 = 2014 (2) SCC 305 - referred to. 542 ASSOCIATION OF MANAGEMENTS OF UNAIDED PRIVATE MEDICAL& 543 DENTAL COLLEGE &ANR. v. UNION OF INDIA& ORS. Case Law Reference A 2013 …
Supreme Court of India6 May 2016Full text
2016 INSC 390 · [2016] 4 S.C.R. 403
403 404 SUPREME COURT REPORTS [2016] 4 S.C.R. A candidates. MCI approached Supreme Court - Held: High Court considered the latest report of the Inspection Team as if it was hearing an appeal against the report - This was not within the domain of the High Court in exercise of its jurisdiction u!Art.226 -High Court plain…
Supreme Court of India6 May 2016Full text
2016 INSC 389 · [2016] 2 S.C.R. 595
Jayant Muth Raj, Sabrish Subramanian, Prabhurama Subramanian, Deepak Anand for the Appellant. E Vadrevu V. V. Pattabhiram, Nishant Ramakantrao Katneshwarkar for the Respondent. The Judgment of the Court was delivered by SHIVA KIRTI SINGH, J. 1. By the impugned judgment and order under appeal dated 06.01.2014 the High C…
Supreme Court of India6 May 2016Full text
2016 INSC 388 · [2016] 4 S.C.R. 391
392 SUPREME COURT REPORTS [2016] 4 S.C.R. A jurisprudence with almost universal application that an earlier adjudication between the same parties is conclusive in respect of the same subject matter. The Latin maxims relevant for explaining the concept of res judicata clearly specify that: (1) no man should be vexed twi…
Supreme Court of India6 May 2016Full text
2016 INSC 387 · [2016] 4 S.C.R. 417
[2016] 4 S.C.R. 417 SANTOSH DEVI A v. UNION OF INDIA. & ORS. (Civil Appeal No. 4853 of2016) MAY06,2016 8 [T. S. THAKUR, CJI AND R. BANUMATHI, J.) Family Pension - Entitlement - To the next of kin of deceased territorial army personnel - Who died in disembodied state and who had not put in pensionable service - Held: Wh…
Supreme Court of India6 May 2016Full text
2016 INSC 385 · [2016] 3 S.C.R. 766
- F company was not a sale - On appeal, held: The transaction in ..the present case is a tramfer and not sale - As per circular dated 1. 7.2001, in case of transfe1; the value to be adopted is the value ._ shown in the invoice on the basis of which CENVAT credit was taken by the assessee i.e. invoice of the supplier of…
Supreme Court of India6 May 2016Full text
2016 INSC 384 · [2016] 2 S.C.R. 468
G Sentence/Sentencing: Plea of leniency - Murder of pregnant wife - Plea that son aged 17 years old residing with the accused -Held: That cannot be a ground so as to sho11• any leniency in such kind of offence. particularly when the accused had not cared and caused death of his wife who was pregnalll, carrying 8 months…
Supreme Court of India5 May 2016Full text
2016 INSC 383 · [2016] 2 S.C.R. 759
From the Judgment and Order dated 21.10.2010 in CMWP No. 57925 of2008 passed by the High Court of Judicature at Allahabad. Kavin Gulati, Sr. Adv., Rajeev Dubey, Roh it Sthelekar, Kamlendra H Mishra fortheAppellant. ALIGARH DEVELOPMENT AUTHORITY v. MEGH SINGH 761 Dinesh Kumar Garg, Dhananjay Garg, Deepak Mishra, Gunnam …
Supreme Court of India11 Jan 2016Full text
2016 INSC 38 · [2016] 1 S.C.R. 179
F Allowing the appeal, the Court HELD: 1.1 In view of the evidence and circumstances of the case, what emerges is that it could not be said to be a case of consensual sexual intercourse. The victim had made a hue and cry on commission of rape on her and also on being threatened that she would narrate the incident to he…
Supreme Court of India5 May 2016Full text
2016 INSC 377 · [2016] 2 S.C.R. 341
Allowing the appeal, the Court HELD: 1. The fact that the appellant was younger brother Fof the deceased >yas within the knowledge of the State. Similarly, .the State was aware that the brother docs not fall within the definition of dependent at the relevant time and still the State authorities obtained the undertaking…
Also on Law on Tips: Bare Acts · Legal news and analysis