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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.
1,641–1,660 · Page 83 of 500
Supreme Court of India17 May 2024Full text
2024 INSC 448 · [2024] 5 S.C.R. 629
Need for a comprehensive sentencing policy. Trial against the accused under Protection of Children from Sexual Offences Act, 2012 was conducted by the judicial officer in utmost haste and the accused was denied due opportunity to defend himself. Conviction and death sentence awarded was set aside by the High Court and a de novo trial was ordered, making certain observations against the Special Judge. Criminal Appeal Nos.3925-3927 of 2023 filed by the judicial officer. Criminal Appeal No.3924 of 2023 filed by the informant against the order of remittal for de novo trial. On facts, in Criminal A
Supreme Court of India17 May 2024Full 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.
1,641–1,660 · Page 83 of 500
Supreme Court of India17 May 2024Full text
2024 INSC 448 · [2024] 5 S.C.R. 629
Need for a comprehensive sentencing policy. Trial against the accused under Protection of Children from Sexual Offences Act, 2012 was conducted by the judicial officer in utmost haste and the accused was denied due opportunity to defend himself. Conviction and death sentence awarded was set aside by the High Court and a de novo trial was ordered, making certain observations against the Special Judge. Criminal Appeal Nos.3925-3927 of 2023 filed by the judicial officer. Criminal Appeal No.3924 of 2023 filed by the informant against the order of remittal for de novo trial. On facts, in Criminal A
Supreme Court of India17 May 2024Full text
2024 INSC 447 · [2024] 5 S.C.R. 1056
Applicability of Section 196-A of Code of Criminal Procedure SVT., 1989 vis-à-vis the provisions and mandate contained in the Code of Criminal Procedure, 1973.
Supreme Court of India17 May 2024Full text
2024 INSC 446 · [2024] 5 S.C.R. 596
Whether the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 would apply to the parties; whether the Corporation can be termed as an industrial establishment as per the provisions of the Tamil Nadu Shops and Establishments Act, 1947; and whether the members of the Union would qualify as workmen and thus, would be eligible for permanent status u/s. 3 of the Act; and whether the suggestion to institute an ‘Industrial Disputes Claim’ questioning non-employment was sustainable, given that the Inspector of Labour had already passed orders in that regard.
Supreme Court of India17 May 2024Full text
2024 INSC 445 · [2024] 5 S.C.R. 859
The interlocutory applications have been filed seeking direction for payment of rent and other associated benefits in connection with the property which is the subject matter of the dispute.
Supreme Court of India17 May 2024Full text
2024 INSC 444 · [2024] 5 S.C.R. 612
Matter pertains to deposition of power of attorney holder in a suit for specific performance, in place and instead of the plaintiff-principal wherein the plaintiff is required to aver and prove his readiness and willingness to perform the terms of the contract; and the effect of filing a suit for specific performance after a long delay, on the last date of limitation.
Supreme Court of India17 May 2024Full text
2024 INSC 443 · [2024] 5 S.C.R. 730
The High Court dismissed the appellant’s demand for refund of Stamp Duty paid towards an un-executed conveyance deed.
Supreme Court of India18 Jan 2024Full text
2024 INSC 44 · [2024] 1 S.C.R. 473
Rule 63(iii) of the Assam Police Manual, which dates back to a point of time when the Police Act, 1861, was in force, can be said to be still valid and lawful in the framework of the Assam Police Act, 2007 and the 2007 Rules relating to preparation of ACRs/ APARs of IPS Officers in the rank of Superintendents of Police .
Supreme Court of India17 May 2024Full text
2024 INSC 439 · [2024] 5 S.C.R. 739
Whether the designation of an entity as a Special Economic Zone- developer ipso facto qualifies the entity to be a deemed distribution licensee, obviating the need for an application u/s. 14 of the Electricity Act; whether Regn 12 of the Andhra Pradesh Electricity Regulatory Commission (Distribution Licence) Regulations, 2013, and by implication r. 3(2) of the Distribution of Electricity Licence (Additional Requirements of Capital Adequacy, Creditworthiness and Code of Conduct) Rules, 2005 are applicable to a SEZ developer recognised as a deemed distribution licensee under the proviso to s. 14
Supreme Court of India17 May 2024Full text
2024 INSC 438 · [2024] 5 S.C.R. 575
High Court, if justified in exercising jurisdiction u/s. 439(1) Cr.P.C for granting regular bail in favour of the accused persons.
Supreme Court of India17 May 2024Full text
2024 INSC 436 · [2024] 5 S.C.R. 1074
(i) What is the scope of principle of the ‘Merit-cum-Seniority’ in service jurisprudence; and (ii) Whether promotion of Civil Judges (Senior Division) to the cadre of District Judges in accordance with Rule 5(1) of the Gujarat State Judicial Service Rules, 2005 and the Recruitment Notice dated 12.04.2022 issued by the High Court of Gujarat is contrary to the principle of ‘Merit-cum-Seniority’ as laid down in All India Judges’ Association (3).
Supreme Court of India16 May 2024Full text
2024 INSC 434 · [2024] 6 S.C.R. 864
(a) Whether the complaint filed u/s.44(1)(b) of Prevention of Money Laundering Act, 2002 will be governed by sections 200 to 205 of the CrPC; (b) If the accused was not arrested by the ED till the filing of the complaint, while taking cognizance on complaint u/s.44(1)(b), whether the Court should issue a summons to the accused or warrant; (c) After a summons are issued u/s. 204 of the CrPC on taking cognizance of the offence punishable u/s. 4 of the PMLA on a complaint, if accused appears before the Special Court, would he be treated as in custody and is it necessary for him to apply for bail;
Supreme Court of India16 May 2024Full text
2024 INSC 433 · [2024] 6 S.C.R. 761
When can the power under clause (c) of sub-section (2) of section 32 of the Arbitration and Conciliation Act, 1996 be exercised; Is it the Arbitral Tribunal’s duty to fix a meeting for hearing; Whether the failure of the claimant to request the Arbitral Tribunal to fix a date for hearing, per se, is the ground to conclude that the proceedings have become unnecessary; Whether abandonment of claim by a claimant can be a ground to invoke clause (c) of sub-section (2) of section 32.
Supreme Court of India8 May 2024Full text
2024 INSC 432 · [2024] 6 S.C.R. 280
In a petition u/Article 227 of the Constitution of India, Single Judge upheld the order passed by Appellate Rent Tribunal by which the decree passed in favour of the appellant-landlady by the Rent Tribunal was set aside and counter claim filed by the respondent- Bank seeking refund of the security amount was allowed. Appellant filed intra court appeal which was dismissed by the Division Bench of the High Court as not maintainable.
Supreme Court of India16 May 2024Full text
2024 INSC 431 · [2024] 6 S.C.R. 355
Matter pertains to the correctness of the decision by the National Commission which directed the appellant-insurer to release and pay an insurance claim to the respondent-contractor for the collapse of the bridge.
Supreme Court of India16 May 2024Full text
2024 INSC 430 · [2024] 6 S.C.R. 287
Subject land was designated as a Panchayat Ghar however, later it was re-assigned for residential use and allotments were made to allottees including appellants (writ petitioners in High Court) u/s.122-C, Uttar Pradesh Zamindari Abolition and Land Reforms Act. Proceedings for cancellation of the allotments were initiated based on the report of the Lekhpal which was undisputedly after 13 years from the date of allotment. Since, there is no limitation fixed for initiation of the proceedings under the aforesaid Act, whether such initiation of the proceedings can be at any length of time or at any
Supreme Court of India12 Jan 2024Full text
2024 INSC 43 · [2024] 1 S.C.R. 442
The proceedings before the High Court were initiated on an email from complainant, addressed to the Chief Justice of the High Court. The High Court suo motu registered a Criminal Writ Petition pursuant to the above email. The High Court directed that the petitioner herein, who is holding the post of DGP, and the SP, Kangra should be moved to any other post to ensure that a fair investigation takes place. The petitioner was neither impleaded in the proceedings nor was he heard before the above order was passed. On that ground, the petitioner challenged it in a Special Leave Petition before the
Supreme Court of India16 May 2024Full text
2024 INSC 429 · [2024] 6 S.C.R. 390
Issue arose whether the questions of law are not required to be framed in second appeal before Punjab and Haryana High Court whose jurisdiction in second appeal is circumscribed by provision of s.41 of the Punjab Act.
Supreme Court of India16 May 2024Full text
2024 INSC 428 · [2024] 6 S.C.R. 298
Matter pertains to the right of the legal heir of Hindu widow to enforce her right of succession in the unpartitioned Joint Hindu Family property by virtue of s. 14(1) of the Hindu Succession Act, 1956.
Supreme Court of India16 May 2024Full text
2024 INSC 426 · [2024] 6 S.C.R. 723
Interlocutory applications preferred by the applicant being aggrieved by the inaction of the respondents in deciding the application filed by the applicant seeking permission to construct a health/eco-resort on the subject land being Plot Nos. 14/3 and 14/4, falling in Sheet 2 No. 20, Civil Station, Pachmarhi, District Hoshangabad, Madhya Pradesh.
Supreme Court of India16 May 2024Full text
2024 INSC 425 · [2024] 6 S.C.R. 934
(i) Whether respondent No.3(AIL) after having been taken over by a private corporate entity could have been subjected to writ jurisdiction of the High Court; (ii) Whether the appellants herein could have been non-suited on account of the fact that during pendency of their writ petitions, the nature of the employer changed from a Government entity to a private entity; (iii) Whether the delay in disposal of the writ petition could be treated a valid ground to sustain the claim of the appellants even against the private entity.
Also on Law on Tips: Bare Acts · Legal news and analysis
2024 INSC 447 · [2024] 5 S.C.R. 1056
Applicability of Section 196-A of Code of Criminal Procedure SVT., 1989 vis-à-vis the provisions and mandate contained in the Code of Criminal Procedure, 1973.
Supreme Court of India17 May 2024Full text
2024 INSC 446 · [2024] 5 S.C.R. 596
Whether the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 would apply to the parties; whether the Corporation can be termed as an industrial establishment as per the provisions of the Tamil Nadu Shops and Establishments Act, 1947; and whether the members of the Union would qualify as workmen and thus, would be eligible for permanent status u/s. 3 of the Act; and whether the suggestion to institute an ‘Industrial Disputes Claim’ questioning non-employment was sustainable, given that the Inspector of Labour had already passed orders in that regard.
Supreme Court of India17 May 2024Full text
2024 INSC 445 · [2024] 5 S.C.R. 859
The interlocutory applications have been filed seeking direction for payment of rent and other associated benefits in connection with the property which is the subject matter of the dispute.
Supreme Court of India17 May 2024Full text
2024 INSC 444 · [2024] 5 S.C.R. 612
Matter pertains to deposition of power of attorney holder in a suit for specific performance, in place and instead of the plaintiff-principal wherein the plaintiff is required to aver and prove his readiness and willingness to perform the terms of the contract; and the effect of filing a suit for specific performance after a long delay, on the last date of limitation.
Supreme Court of India17 May 2024Full text
2024 INSC 443 · [2024] 5 S.C.R. 730
The High Court dismissed the appellant’s demand for refund of Stamp Duty paid towards an un-executed conveyance deed.
Supreme Court of India18 Jan 2024Full text
2024 INSC 44 · [2024] 1 S.C.R. 473
Rule 63(iii) of the Assam Police Manual, which dates back to a point of time when the Police Act, 1861, was in force, can be said to be still valid and lawful in the framework of the Assam Police Act, 2007 and the 2007 Rules relating to preparation of ACRs/ APARs of IPS Officers in the rank of Superintendents of Police .
Supreme Court of India17 May 2024Full text
2024 INSC 439 · [2024] 5 S.C.R. 739
Whether the designation of an entity as a Special Economic Zone- developer ipso facto qualifies the entity to be a deemed distribution licensee, obviating the need for an application u/s. 14 of the Electricity Act; whether Regn 12 of the Andhra Pradesh Electricity Regulatory Commission (Distribution Licence) Regulations, 2013, and by implication r. 3(2) of the Distribution of Electricity Licence (Additional Requirements of Capital Adequacy, Creditworthiness and Code of Conduct) Rules, 2005 are applicable to a SEZ developer recognised as a deemed distribution licensee under the proviso to s. 14
Supreme Court of India17 May 2024Full text
2024 INSC 438 · [2024] 5 S.C.R. 575
High Court, if justified in exercising jurisdiction u/s. 439(1) Cr.P.C for granting regular bail in favour of the accused persons.
Supreme Court of India17 May 2024Full text
2024 INSC 436 · [2024] 5 S.C.R. 1074
(i) What is the scope of principle of the ‘Merit-cum-Seniority’ in service jurisprudence; and (ii) Whether promotion of Civil Judges (Senior Division) to the cadre of District Judges in accordance with Rule 5(1) of the Gujarat State Judicial Service Rules, 2005 and the Recruitment Notice dated 12.04.2022 issued by the High Court of Gujarat is contrary to the principle of ‘Merit-cum-Seniority’ as laid down in All India Judges’ Association (3).
Supreme Court of India16 May 2024Full text
2024 INSC 434 · [2024] 6 S.C.R. 864
(a) Whether the complaint filed u/s.44(1)(b) of Prevention of Money Laundering Act, 2002 will be governed by sections 200 to 205 of the CrPC; (b) If the accused was not arrested by the ED till the filing of the complaint, while taking cognizance on complaint u/s.44(1)(b), whether the Court should issue a summons to the accused or warrant; (c) After a summons are issued u/s. 204 of the CrPC on taking cognizance of the offence punishable u/s. 4 of the PMLA on a complaint, if accused appears before the Special Court, would he be treated as in custody and is it necessary for him to apply for bail;
Supreme Court of India16 May 2024Full text
2024 INSC 433 · [2024] 6 S.C.R. 761
When can the power under clause (c) of sub-section (2) of section 32 of the Arbitration and Conciliation Act, 1996 be exercised; Is it the Arbitral Tribunal’s duty to fix a meeting for hearing; Whether the failure of the claimant to request the Arbitral Tribunal to fix a date for hearing, per se, is the ground to conclude that the proceedings have become unnecessary; Whether abandonment of claim by a claimant can be a ground to invoke clause (c) of sub-section (2) of section 32.
Supreme Court of India8 May 2024Full text
2024 INSC 432 · [2024] 6 S.C.R. 280
In a petition u/Article 227 of the Constitution of India, Single Judge upheld the order passed by Appellate Rent Tribunal by which the decree passed in favour of the appellant-landlady by the Rent Tribunal was set aside and counter claim filed by the respondent- Bank seeking refund of the security amount was allowed. Appellant filed intra court appeal which was dismissed by the Division Bench of the High Court as not maintainable.
Supreme Court of India16 May 2024Full text
2024 INSC 431 · [2024] 6 S.C.R. 355
Matter pertains to the correctness of the decision by the National Commission which directed the appellant-insurer to release and pay an insurance claim to the respondent-contractor for the collapse of the bridge.
Supreme Court of India16 May 2024Full text
2024 INSC 430 · [2024] 6 S.C.R. 287
Subject land was designated as a Panchayat Ghar however, later it was re-assigned for residential use and allotments were made to allottees including appellants (writ petitioners in High Court) u/s.122-C, Uttar Pradesh Zamindari Abolition and Land Reforms Act. Proceedings for cancellation of the allotments were initiated based on the report of the Lekhpal which was undisputedly after 13 years from the date of allotment. Since, there is no limitation fixed for initiation of the proceedings under the aforesaid Act, whether such initiation of the proceedings can be at any length of time or at any
Supreme Court of India12 Jan 2024Full text
2024 INSC 43 · [2024] 1 S.C.R. 442
The proceedings before the High Court were initiated on an email from complainant, addressed to the Chief Justice of the High Court. The High Court suo motu registered a Criminal Writ Petition pursuant to the above email. The High Court directed that the petitioner herein, who is holding the post of DGP, and the SP, Kangra should be moved to any other post to ensure that a fair investigation takes place. The petitioner was neither impleaded in the proceedings nor was he heard before the above order was passed. On that ground, the petitioner challenged it in a Special Leave Petition before the
Supreme Court of India16 May 2024Full text
2024 INSC 429 · [2024] 6 S.C.R. 390
Issue arose whether the questions of law are not required to be framed in second appeal before Punjab and Haryana High Court whose jurisdiction in second appeal is circumscribed by provision of s.41 of the Punjab Act.
Supreme Court of India16 May 2024Full text
2024 INSC 428 · [2024] 6 S.C.R. 298
Matter pertains to the right of the legal heir of Hindu widow to enforce her right of succession in the unpartitioned Joint Hindu Family property by virtue of s. 14(1) of the Hindu Succession Act, 1956.
Supreme Court of India16 May 2024Full text
2024 INSC 426 · [2024] 6 S.C.R. 723
Interlocutory applications preferred by the applicant being aggrieved by the inaction of the respondents in deciding the application filed by the applicant seeking permission to construct a health/eco-resort on the subject land being Plot Nos. 14/3 and 14/4, falling in Sheet 2 No. 20, Civil Station, Pachmarhi, District Hoshangabad, Madhya Pradesh.
Supreme Court of India16 May 2024Full text
2024 INSC 425 · [2024] 6 S.C.R. 934
(i) Whether respondent No.3(AIL) after having been taken over by a private corporate entity could have been subjected to writ jurisdiction of the High Court; (ii) Whether the appellants herein could have been non-suited on account of the fact that during pendency of their writ petitions, the nature of the employer changed from a Government entity to a private entity; (iii) Whether the delay in disposal of the writ petition could be treated a valid ground to sustain the claim of the appellants even against the private entity.
Also on Law on Tips: Bare Acts · Legal news and analysis