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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.
9,941–9,960 · Page 498 of 500
Supreme Court of India31 Oct 2013Full text
2013 INSC 736 · [2013] 12 S.C.R. 251
[2013] 12 S.C.R. 251 RAJEEV KUMAR A v. STATE OF HARYANA (Criminal Appeal No. 967 of 2005) OCTOBER 31, 2013 B [A.K. PATNAIK AND GYAN SUDHA MISRA, JJ.] PENAL CODE, 1860: s.304-8 - Dowry death - Held: One of the essential c ingredients of the offence of dowry death uls 304-8 is that the accused must have subjected a woman…
Supreme Court of India30 Oct 2013Full text
2013 INSC 735 · [2013] 10 S.C.R. 570
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.
9,941–9,960 · Page 498 of 500
Supreme Court of India31 Oct 2013Full text
2013 INSC 736 · [2013] 12 S.C.R. 251
[2013] 12 S.C.R. 251 RAJEEV KUMAR A v. STATE OF HARYANA (Criminal Appeal No. 967 of 2005) OCTOBER 31, 2013 B [A.K. PATNAIK AND GYAN SUDHA MISRA, JJ.] PENAL CODE, 1860: s.304-8 - Dowry death - Held: One of the essential c ingredients of the offence of dowry death uls 304-8 is that the accused must have subjected a woman…
Supreme Court of India30 Oct 2013Full text
2013 INSC 735 · [2013] 10 S.C.R. 570
Dismissing the appeal, the Court H 572 SUPREME COURT REPORTS [2013} 10 S.C.R. A HELD: 1.1. The Tribunal has not properly understood \., or appreciated the scope of Explanation 1 to Section · 271 (1 )(c) of the Income Tax Act. The AO should not be carried away by the plea of the assessee like "voluntary disclosure", "bu…
Supreme Court of India30 Oct 2013Full text
2013 INSC 734 · [2013] 12 S.C.R. 232
Respondent no. 6 obtained a loan from the Bank of D India on 17.2.2000. The loan was secured by equitable mortgage executed by respondent Nos.7 to 9 in respect of the suit land. Respondent Nos.6 to 8 also created equitable mortgage on three houses, which were in their respective names. Original title deeds of all the p…
Supreme Court of India29 Oct 2013Full text
2013 INSC 733 · [2013] 10 S.C.R. 562
Allowing the appeal, the Court HELD: 1.1. The Subordinate Court allowed the prayer of appellant possibly bearing in mind the principle laid E down in Order XXll Rule 10 CPC, which deals with the procedure in case of assignment before the final order of the suit. Rule 10 refers to "devolution of any interest" during the…
Supreme Court of India29 Oct 2013Full text
2013 INSC 732 · [2013] 10 S.C.R. 552
STATE OF BIHAR & ANR. v. LALU SINGH 553 station as per r.431 (b) and, therefore, competent to form A opinion in terms of s. 173(2), subject of course to the power of superior officer - Bihar Police Manual - r.431(b) - Police Act, 1861 - ss. 7 and 12 On the basis of an oral statement made by one 'S' 8before the officer-…
Supreme Court of India29 Oct 2013Full text
2013 INSC 731 · [2013] 11 S.C.R. 529
Jaswant Singh vs. Union of India (1979) 4 SCC 440: 1980 (1) SCR 420; State of Punjab vs. lshar Singh (2002) 10 sec 674 - referred to. B Case Law Reference: 1996 (10) Suppl. SCR 255 relied on Para 7 2000 (3) Suppl. SCR 322 relied on Para 7 c 2009 (3) SCR 209 relied on Para 7 (1950-1988) Vol.1 433 relied on Para 8 1980 (…
Supreme Court of India29 Oct 2013Full text
2013 INSC 730 · [2013] 11 S.C.R. 513
514 SUPREME COURT REPORTS [2013] 11 S.C.R. A in ** Jaswanf Singh Gill's case which took the view that no major penalty is permissible after retirement. If the view laid down in ** Jaswant Singh Gill's case is not correct and the imposition of penalty of dismissal is still permissible, employer will get the right to for…
Supreme Court of India4 Feb 2013Full text
2013 INSC 73 · [2013] 1 S.C.R. 711
ted E 31.1.2002 permission was granted to withdraw the case and, accordingly, all the accused were discharged. From the record, it cannot be said that respondent no. 3 was even aware that in some record buried in the courts he was named as an accused and he was required to appear F in the court in connection with that …
Supreme Court of India29 Oct 2013Full text
2013 INSC 729 · [2013] 12 S.C.R. 223
224 SUPREME COURT REPORTS [2013] 12 S.C.R. A appeal holding that the Insurance Company failed to comply with s. 170 of the Act. Referring the matter to larger Bench, the Court HELD: 1.1 The impugned order is based on the B principle laid down in Nicolletta Rohtagi's case, the correctness of which is doubted in Shila Da…
Supreme Court of India29 Oct 2013Full text
2013 INSC 728 · [2013] 12 S.C.R. 205
[2013] 12 S.C.R. 205 MANISH TRIVEDI A v. STATE OF RAJASTHAN (Criminal Appeal No. 1881 of 2013) OCTOBER 29, 2013 B [CHANDRAMAULI KR. PRASAD AND JAGDISH SINGH KHEHAR, JJ.] RAJASTHAN MUNICIPAL/TIES ACT, 1959: c s.87 of the Rajasthan Act rlw s.21, /PC and s.2(c)(viii) of PC Act -- 'Public servant' - Appellant, a Municipal …
Supreme Court of India28 Oct 2013Full text
2013 INSC 727 · [2013] 10 S.C.R. 541
Respondents· filed application uls.482 Cr.P .C. seeking quashing of the criminal proceedings. The High Court F allowed the petition setting 'aside the orders taking cognizance, on the ground that the dispute was of civil nature. Hence the present appeal. Allowing the appeal and remanding the matter.to G High Court, the…
Supreme Court of India28 Oct 2013Full text
2013 INSC 726 · [2013] 10 S.C.R. 530
- In the instant case, review of the order dropping the disciplinary proceedings, can be said to have been passed E by the Governor ulr.31 in view of rr.11 and 12 of Orissa Government Rules of Business - Though Rule 31 does not prescribe any limitation period, the power should be exercised within reasonable period :- R…
Supreme Court of India28 Oct 2013Full text
2013 INSC 725 · [2013] 12 S.C.R. 198
E In the case of a decree for a sum of Rs.6,600/- passed in the year 1967, the property of the judgment debtor (respondent no. 4) was put up on auction on July, 1970; and the bid of the petitioner in a sum of Rs.1.5 lakhs being the highest, the auction sale was confirmed in his favour F on 9. 7.1990. Respondent No. 4 f…
Supreme Court of India28 Oct 2013Full text
2013 INSC 724 · [2013] 12 S.C.R. 180
s. 50 - Search and seizure in presence of Gazetted Officer or Magistrate - Held: In the instant case, trial court omitted to examine defence of appellant that the officer in whose1 G presence search was carried out was not a regularly promotecl D.S.P. but an "own rank pay D.S.P. ". Criminal appeal -- Duty of appellate …
Supreme Court of India25 Oct 2013Full text
2013 INSC 723 · [2013] 10 S.C.R. 284
- Direction issued that if respondent 2 appears and F surrenders before the Magistrate and prefers application for bail, the Magistrate shall decide his application on merits and in accordance with law. The appellant's son was murdered In a hotel. It is the appellant's case that the police did not investigate the G cas…
Supreme Court of India25 Oct 2013Full text
2013 INSC 722 · [2013] 12 S.C.R. 170
G Contempt proceedings - Interpretation of the order alleged to have been disobeyed - Held: Would not be appropriate while dealing with a charge of contempt -- In a situation like the case in hand, where High Court had directed maintenance of. status quo as to allotment, it was not open H 170 T.C. GUPTA v. BIMAL KUMAR …
Supreme Court of India25 Oct 2013Full text
2013 INSC 721 · [2013] 14 S.C.R. 579
before this Court was whether the relevant clauses in the contracts entered into between the parties (Clause 29 in 579 H 580 SUPREME COURT REPORTS (2013] 14 S.C.R. A one of the contract and similar clauses in other contracts) ought to be treated as an arbitration clause providing for resolution of the disputes by arbitration or were in the nature of departmental dispute resolution mechanism. B Disposing the appeals, the Court
Supreme Court of India24 Oct 2013Full text
2013 INSC 720 · [2013] 10 S.C.R. 521
OFFICER & ORS. Central Bureau of Investigation vs. K. Narayana Rao A (2012) 9 SCC 512:2012 (9) SCR 54; State of Haryana vs. Bhajan Lal 1992 Supp. (1) SCC 335:1991 (1) Suppl. SCR 387; Stree Atyachar Virod~i Parishad vs. Dilip Nathumal Chordia and Anr. (1989) 1 SCC 715: 1989 (1) SCR 560 • relied on. B Case Law Reference:…
Supreme Court of India4 Feb 2013Full text
2013 INSC 72 · [2013] 3 S.C.R. 1172
Evidence - Weapon of offence - Recovered at the behest of the accused - Blood stuck on the weapon - Failure D by sero/ogist to detect origin of the blood due to dis-integration of the serum - Effect - Held: It does not mean that the blood stuck on the weapon of offence could not have been human blood at all - Sometimes…
Supreme Court of India24 Oct 2013Full text
2013 INSC 719 · [2013] 11 S.C.R. 471
Annual Confidential Report - Adverse entry -Representation against - Rejection of - Review against -Before higher authority - Expunction of adverse remarks -Restoration of adverse remarks on the ground that second F representation against the remarks not maintainable - Held: Restoration of adverse remarks were not corr…
Also on Law on Tips: Bare Acts · Legal news and analysis
Dismissing the appeal, the Court H 572 SUPREME COURT REPORTS [2013} 10 S.C.R. A HELD: 1.1. The Tribunal has not properly understood \., or appreciated the scope of Explanation 1 to Section · 271 (1 )(c) of the Income Tax Act. The AO should not be carried away by the plea of the assessee like "voluntary disclosure", "bu…
Supreme Court of India30 Oct 2013Full text
2013 INSC 734 · [2013] 12 S.C.R. 232
Respondent no. 6 obtained a loan from the Bank of D India on 17.2.2000. The loan was secured by equitable mortgage executed by respondent Nos.7 to 9 in respect of the suit land. Respondent Nos.6 to 8 also created equitable mortgage on three houses, which were in their respective names. Original title deeds of all the p…
Supreme Court of India29 Oct 2013Full text
2013 INSC 733 · [2013] 10 S.C.R. 562
Allowing the appeal, the Court HELD: 1.1. The Subordinate Court allowed the prayer of appellant possibly bearing in mind the principle laid E down in Order XXll Rule 10 CPC, which deals with the procedure in case of assignment before the final order of the suit. Rule 10 refers to "devolution of any interest" during the…
Supreme Court of India29 Oct 2013Full text
2013 INSC 732 · [2013] 10 S.C.R. 552
STATE OF BIHAR & ANR. v. LALU SINGH 553 station as per r.431 (b) and, therefore, competent to form A opinion in terms of s. 173(2), subject of course to the power of superior officer - Bihar Police Manual - r.431(b) - Police Act, 1861 - ss. 7 and 12 On the basis of an oral statement made by one 'S' 8before the officer-…
Supreme Court of India29 Oct 2013Full text
2013 INSC 731 · [2013] 11 S.C.R. 529
Jaswant Singh vs. Union of India (1979) 4 SCC 440: 1980 (1) SCR 420; State of Punjab vs. lshar Singh (2002) 10 sec 674 - referred to. B Case Law Reference: 1996 (10) Suppl. SCR 255 relied on Para 7 2000 (3) Suppl. SCR 322 relied on Para 7 c 2009 (3) SCR 209 relied on Para 7 (1950-1988) Vol.1 433 relied on Para 8 1980 (…
Supreme Court of India29 Oct 2013Full text
2013 INSC 730 · [2013] 11 S.C.R. 513
514 SUPREME COURT REPORTS [2013] 11 S.C.R. A in ** Jaswanf Singh Gill's case which took the view that no major penalty is permissible after retirement. If the view laid down in ** Jaswant Singh Gill's case is not correct and the imposition of penalty of dismissal is still permissible, employer will get the right to for…
Supreme Court of India4 Feb 2013Full text
2013 INSC 73 · [2013] 1 S.C.R. 711
ted E 31.1.2002 permission was granted to withdraw the case and, accordingly, all the accused were discharged. From the record, it cannot be said that respondent no. 3 was even aware that in some record buried in the courts he was named as an accused and he was required to appear F in the court in connection with that …
Supreme Court of India29 Oct 2013Full text
2013 INSC 729 · [2013] 12 S.C.R. 223
224 SUPREME COURT REPORTS [2013] 12 S.C.R. A appeal holding that the Insurance Company failed to comply with s. 170 of the Act. Referring the matter to larger Bench, the Court HELD: 1.1 The impugned order is based on the B principle laid down in Nicolletta Rohtagi's case, the correctness of which is doubted in Shila Da…
Supreme Court of India29 Oct 2013Full text
2013 INSC 728 · [2013] 12 S.C.R. 205
[2013] 12 S.C.R. 205 MANISH TRIVEDI A v. STATE OF RAJASTHAN (Criminal Appeal No. 1881 of 2013) OCTOBER 29, 2013 B [CHANDRAMAULI KR. PRASAD AND JAGDISH SINGH KHEHAR, JJ.] RAJASTHAN MUNICIPAL/TIES ACT, 1959: c s.87 of the Rajasthan Act rlw s.21, /PC and s.2(c)(viii) of PC Act -- 'Public servant' - Appellant, a Municipal …
Supreme Court of India28 Oct 2013Full text
2013 INSC 727 · [2013] 10 S.C.R. 541
Respondents· filed application uls.482 Cr.P .C. seeking quashing of the criminal proceedings. The High Court F allowed the petition setting 'aside the orders taking cognizance, on the ground that the dispute was of civil nature. Hence the present appeal. Allowing the appeal and remanding the matter.to G High Court, the…
Supreme Court of India28 Oct 2013Full text
2013 INSC 726 · [2013] 10 S.C.R. 530
- In the instant case, review of the order dropping the disciplinary proceedings, can be said to have been passed E by the Governor ulr.31 in view of rr.11 and 12 of Orissa Government Rules of Business - Though Rule 31 does not prescribe any limitation period, the power should be exercised within reasonable period :- R…
Supreme Court of India28 Oct 2013Full text
2013 INSC 725 · [2013] 12 S.C.R. 198
E In the case of a decree for a sum of Rs.6,600/- passed in the year 1967, the property of the judgment debtor (respondent no. 4) was put up on auction on July, 1970; and the bid of the petitioner in a sum of Rs.1.5 lakhs being the highest, the auction sale was confirmed in his favour F on 9. 7.1990. Respondent No. 4 f…
Supreme Court of India28 Oct 2013Full text
2013 INSC 724 · [2013] 12 S.C.R. 180
s. 50 - Search and seizure in presence of Gazetted Officer or Magistrate - Held: In the instant case, trial court omitted to examine defence of appellant that the officer in whose1 G presence search was carried out was not a regularly promotecl D.S.P. but an "own rank pay D.S.P. ". Criminal appeal -- Duty of appellate …
Supreme Court of India25 Oct 2013Full text
2013 INSC 723 · [2013] 10 S.C.R. 284
- Direction issued that if respondent 2 appears and F surrenders before the Magistrate and prefers application for bail, the Magistrate shall decide his application on merits and in accordance with law. The appellant's son was murdered In a hotel. It is the appellant's case that the police did not investigate the G cas…
Supreme Court of India25 Oct 2013Full text
2013 INSC 722 · [2013] 12 S.C.R. 170
G Contempt proceedings - Interpretation of the order alleged to have been disobeyed - Held: Would not be appropriate while dealing with a charge of contempt -- In a situation like the case in hand, where High Court had directed maintenance of. status quo as to allotment, it was not open H 170 T.C. GUPTA v. BIMAL KUMAR …
Supreme Court of India25 Oct 2013Full text
2013 INSC 721 · [2013] 14 S.C.R. 579
before this Court was whether the relevant clauses in the contracts entered into between the parties (Clause 29 in 579 H 580 SUPREME COURT REPORTS (2013] 14 S.C.R. A one of the contract and similar clauses in other contracts) ought to be treated as an arbitration clause providing for resolution of the disputes by arbitration or were in the nature of departmental dispute resolution mechanism. B Disposing the appeals, the Court
Supreme Court of India24 Oct 2013Full text
2013 INSC 720 · [2013] 10 S.C.R. 521
OFFICER & ORS. Central Bureau of Investigation vs. K. Narayana Rao A (2012) 9 SCC 512:2012 (9) SCR 54; State of Haryana vs. Bhajan Lal 1992 Supp. (1) SCC 335:1991 (1) Suppl. SCR 387; Stree Atyachar Virod~i Parishad vs. Dilip Nathumal Chordia and Anr. (1989) 1 SCC 715: 1989 (1) SCR 560 • relied on. B Case Law Reference:…
Supreme Court of India4 Feb 2013Full text
2013 INSC 72 · [2013] 3 S.C.R. 1172
Evidence - Weapon of offence - Recovered at the behest of the accused - Blood stuck on the weapon - Failure D by sero/ogist to detect origin of the blood due to dis-integration of the serum - Effect - Held: It does not mean that the blood stuck on the weapon of offence could not have been human blood at all - Sometimes…
Supreme Court of India24 Oct 2013Full text
2013 INSC 719 · [2013] 11 S.C.R. 471
Annual Confidential Report - Adverse entry -Representation against - Rejection of - Review against -Before higher authority - Expunction of adverse remarks -Restoration of adverse remarks on the ground that second F representation against the remarks not maintainable - Held: Restoration of adverse remarks were not corr…
Also on Law on Tips: Bare Acts · Legal news and analysis