⚖
Loading…
Loading…
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.
1,701–1,720 · Page 86 of 500
Supreme Court of India1 May 2024Full text
2024 INSC 364 · [2024] 6 S.C.R. 337
Headnotes† Tax-VAT – Delhi Value Added Tax Act, 2004. – ss. 38(3) and 42 – Respondent claimed refund of excess tax credit along with interest for 4th quarter of 2015-2016 and 1st quarter of 2017-2018 – Appellant did not refund – Issued adjustment order against dues under four default notices issued in 2020, 2021 and 20…
Supreme Court of India1 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.
1,701–1,720 · Page 86 of 500
Supreme Court of India1 May 2024Full text
2024 INSC 364 · [2024] 6 S.C.R. 337
Headnotes† Tax-VAT – Delhi Value Added Tax Act, 2004. – ss. 38(3) and 42 – Respondent claimed refund of excess tax credit along with interest for 4th quarter of 2015-2016 and 1st quarter of 2017-2018 – Appellant did not refund – Issued adjustment order against dues under four default notices issued in 2020, 2021 and 20…
Supreme Court of India1 May 2024Full text
2024 INSC 363 · [2024] 6 S.C.R. 86
Nature of chargesheets filed in some jurisdictions by the State/ Police, without stating sufficient details of the facts constituting the offense or putting the relevant evidence on record; significance of chargesheets for taking cognizance, summoning of the accused etc. by the Magistrate; chargesheets and criminal proceedings against the appellants, if to be quashed.
Supreme Court of India1 May 2024Full text
2024 INSC 362 · [2024] 6 S.C.R. 36
(i) Whether a fault can be found in the process of normalization and the consequential merger of the marks secured by the candidates who appeared in the two main examinations; (ii) Whether the Rule 4(3)(d)(III) of the Madhya Pradesh State Service Examination Rules, 2015 patently harmed the interest of the reservation category candidates.
Supreme Court of India8 Feb 2024Full text
2024 INSC 361 · [2024] 2 S.C.R. 1204
The question of territorial jurisdiction was decided by the Tribunal after about 4 years since the filing of the claim petition and the appeal filed in 2010 was dismissed, confirming the dismissal of the claim petition after about 6 years.
Supreme Court of India1 May 2024Full text
2024 INSC 360 · [2024] 6 S.C.R. 1
In view of the bar imposed u/s. 37 of the Bihar Consolidation of Upholdings and Prevention of Fragmentation Act, 1956, the order of the Consolidation Authority confirming the title of the appellant over the suit land and directing for recording his name in the record of rights, liable to be reversed or ignored by the Civil Court.
Supreme Court of India12 Jan 2024Full text
2024 INSC 36 · [2024] 1 S.C.R. 517
Whether the order dated 05.08.1991 (vide which application u/ rr.5 and 10 of Or.VIII, CPC was allowed by the Trial Court for pronouncement of judgment against defendant no.2 in the suit) suffered from a jurisdictional error so grave that the decree drawn up subsequently is incapable of execution by the Executing Court and an objection that it is inexecutable was available to be raised u/s. 47, CPC by the respondents 1 to 3.
Supreme Court of India25 Apr 2024Full text
2024 INSC 359 · [2024] 5 S.C.R. 501
The issue for consideration was challenge to the conviction of the Petitioner under Section 302 and 394 IPC on the ground that the courts below erred in not considering the Petitioner’s plea of juvenility on the date of commission of the alleged offence.
Supreme Court of India30 Apr 2024Full text
2024 INSC 358 · [2024] 5 S.C.R. 241
Whether the Rajasthan Stamp Law (Adaptation) Act, 1952 or the Rajasthan Stamp Act, 1998 applies to the facts of the present case; whether the state government has the legislative competence to impose and collect stamp duty on policies of insurance as per Entry 91 of List I r/w Entry 44 of List III; whether the 1952 Act requires the purchase of insurance stamps from and payment of stamp duty to the Rajasthan government for insurance policies issued within the state; whether, in the facts of the present case, the appellant is liable to pay stamp duty.
Supreme Court of India30 Apr 2024Full text
2024 INSC 356 · [2024] 5 S.C.R. 285
A claim for 35.08 crores was filed by the insured after the ‘20 Hi Cold Rolling Mill’ was totally destroyed due to fire. Since running of the company was important, the Insured got a new 6 Hi Cold Rolling Mill installed in its unit and commenced production. Admittedly, based on the interim report of the surveyors, a sum of Rs.4,92,80,905/- was released in favour of the Insured by NIACL-insurer. Thereafter, the Insured gave consent for receiving Rs.20.95 Crores as net adjusted loss. However, the NIACL computed depreciation at 60% and settled the claim on 03.01.2003 stating the loss amount as Rs
Supreme Court of India19 Apr 2024Full text
2024 INSC 355 · [2024] 5 S.C.R. 510
When the marriage ceremony had not been performed in accordance with section 7 of the Hindu Marriage Act, 1955, whether registration of such a marriage under section 8 of the 1955 Act would confer any legitimacy to it.
Supreme Court of India30 Apr 2024Full text
2024 INSC 354 · [2024] 5 S.C.R. 271
The issue for consideration is whether an activity of re-labelling of goods i.e. cocoa butter and cocoa powder, by affixing additional labels on both the sides of the packs containing goods, amounts to “manufacture” in terms of Note 3 to Chapter 18 of the Central Excise Tariff Act, 1985, for availing the CENVAT Credit and rebate on the duty paid while exporting the said goods.
Supreme Court of India30 Apr 2024Full text
2024 INSC 353 · [2024] 5 S.C.R. 155
This Hon’ble Court was considering a challenge to an Order of the High Court disposing of a writ petition in terms of a “Minutes of Order” filed by the Advocates, and signed by the parties to the petition, without impleading the affected parties.
Supreme Court of India30 Apr 2024Full text
2024 INSC 352 · [2024] 5 S.C.R. 462
Whether the High Court, while substituting Respondent No.6 as the appellant in the Second Appeal, has followed the correct procedure prescribed under Order XXII Rule 5 of the Code of Civil Procedure.
Supreme Court of India26 Apr 2024Full text
2024 INSC 348 · [2024] 5 S.C.R. 321
Suspension of legal proceedings as envisaged u/s. 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985, if would extend to a suit for recovery of money even if the debt sought to be proved in the plaint has not been admitted by the sick industrial company and if so, whether the decree in favour of the original plaintiff could be said to be coram non-judice; and the High Court, if erred in granting 24% compound interest on the principal decretal amount in favour of the original plaintiff.
Supreme Court of India8 Apr 2024Full text
2024 INSC 347 · [2024] 5 S.C.R. 203
Appellant was convicted u/s.138 of the Negotiable Instruments Act, 1881. Additionally, an FIR was also filed against the appellant u/ ss.406, 420, 120B, IPC. Parties agreed to compound the offence at the appellate stage and a settlement was reached. But, the appellant could not pay the amount within the time stipulated in the settlement agreement. However, eventually, entire amount was paid by him but, the complainant did not agree for compounding of the offence. Complainant, if can be compelled by the courts to give consent for compounding of the matter.
Supreme Court of India26 Apr 2024Full text
2024 INSC 346 · [2024] 5 S.C.R. 56
Chargesheet was filed against the Respondents in an FIR filed alleging a widespread conspiracy involving forgery of documents to facilitate the illegal transfer of valuable government land to private entities. SDJM, Bhubaneshwar passed an order of cognizance of offence u/s 420,467,468,471,477(A),120B and 34 IPC and issue of process against the Respondents. Whether the High Court was justified in quashing the order taking cognizance against the Respondents.
Supreme Court of India22 Apr 2024Full text
2024 INSC 344 · [2024] 5 S.C.R. 400
Whether a Single Judge of the High Court can disagree with an earlier order of a Single Judge based on the same set of facts and one trial, and give a conflicting order.
Supreme Court of India5 Apr 2024Full text
2024 INSC 343 · [2024] 5 S.C.R. 36
Matter pertains to suspension of sentence of life imprisonment of the convicted persons, and their consequential enlargement on bail, in an acid attack case.
Supreme Court of India26 Apr 2024Full text
2024 INSC 342 · [2024] 5 S.C.R. 537
Whether it is sufficient to make out prima facie case on the basis of allegations for summoning of the accused.
Supreme Court of India25 Apr 2024Full text
2024 INSC 340 · [2024] 5 S.C.R. 215
(i) Whether there can be debt within the meaning of sub-section (11) of section 5 of the Insolvency and Bankruptcy Code, 2016; (ii) What is the test to determine whether a debt is a financial debt within the meaning of sub-section (8) of section 5 of the 2016 Code; (iii) Is it necessary to ascertain what is the real nature of the transaction reflected in the writing, while deciding the issue whether a debt is a financial debt or an operational debt; (iv) When is the debt, an operational debt.
Also on Law on Tips: Bare Acts · Legal news and analysis
2024 INSC 363 · [2024] 6 S.C.R. 86
Nature of chargesheets filed in some jurisdictions by the State/ Police, without stating sufficient details of the facts constituting the offense or putting the relevant evidence on record; significance of chargesheets for taking cognizance, summoning of the accused etc. by the Magistrate; chargesheets and criminal proceedings against the appellants, if to be quashed.
Supreme Court of India1 May 2024Full text
2024 INSC 362 · [2024] 6 S.C.R. 36
(i) Whether a fault can be found in the process of normalization and the consequential merger of the marks secured by the candidates who appeared in the two main examinations; (ii) Whether the Rule 4(3)(d)(III) of the Madhya Pradesh State Service Examination Rules, 2015 patently harmed the interest of the reservation category candidates.
Supreme Court of India8 Feb 2024Full text
2024 INSC 361 · [2024] 2 S.C.R. 1204
The question of territorial jurisdiction was decided by the Tribunal after about 4 years since the filing of the claim petition and the appeal filed in 2010 was dismissed, confirming the dismissal of the claim petition after about 6 years.
Supreme Court of India1 May 2024Full text
2024 INSC 360 · [2024] 6 S.C.R. 1
In view of the bar imposed u/s. 37 of the Bihar Consolidation of Upholdings and Prevention of Fragmentation Act, 1956, the order of the Consolidation Authority confirming the title of the appellant over the suit land and directing for recording his name in the record of rights, liable to be reversed or ignored by the Civil Court.
Supreme Court of India12 Jan 2024Full text
2024 INSC 36 · [2024] 1 S.C.R. 517
Whether the order dated 05.08.1991 (vide which application u/ rr.5 and 10 of Or.VIII, CPC was allowed by the Trial Court for pronouncement of judgment against defendant no.2 in the suit) suffered from a jurisdictional error so grave that the decree drawn up subsequently is incapable of execution by the Executing Court and an objection that it is inexecutable was available to be raised u/s. 47, CPC by the respondents 1 to 3.
Supreme Court of India25 Apr 2024Full text
2024 INSC 359 · [2024] 5 S.C.R. 501
The issue for consideration was challenge to the conviction of the Petitioner under Section 302 and 394 IPC on the ground that the courts below erred in not considering the Petitioner’s plea of juvenility on the date of commission of the alleged offence.
Supreme Court of India30 Apr 2024Full text
2024 INSC 358 · [2024] 5 S.C.R. 241
Whether the Rajasthan Stamp Law (Adaptation) Act, 1952 or the Rajasthan Stamp Act, 1998 applies to the facts of the present case; whether the state government has the legislative competence to impose and collect stamp duty on policies of insurance as per Entry 91 of List I r/w Entry 44 of List III; whether the 1952 Act requires the purchase of insurance stamps from and payment of stamp duty to the Rajasthan government for insurance policies issued within the state; whether, in the facts of the present case, the appellant is liable to pay stamp duty.
Supreme Court of India30 Apr 2024Full text
2024 INSC 356 · [2024] 5 S.C.R. 285
A claim for 35.08 crores was filed by the insured after the ‘20 Hi Cold Rolling Mill’ was totally destroyed due to fire. Since running of the company was important, the Insured got a new 6 Hi Cold Rolling Mill installed in its unit and commenced production. Admittedly, based on the interim report of the surveyors, a sum of Rs.4,92,80,905/- was released in favour of the Insured by NIACL-insurer. Thereafter, the Insured gave consent for receiving Rs.20.95 Crores as net adjusted loss. However, the NIACL computed depreciation at 60% and settled the claim on 03.01.2003 stating the loss amount as Rs
Supreme Court of India19 Apr 2024Full text
2024 INSC 355 · [2024] 5 S.C.R. 510
When the marriage ceremony had not been performed in accordance with section 7 of the Hindu Marriage Act, 1955, whether registration of such a marriage under section 8 of the 1955 Act would confer any legitimacy to it.
Supreme Court of India30 Apr 2024Full text
2024 INSC 354 · [2024] 5 S.C.R. 271
The issue for consideration is whether an activity of re-labelling of goods i.e. cocoa butter and cocoa powder, by affixing additional labels on both the sides of the packs containing goods, amounts to “manufacture” in terms of Note 3 to Chapter 18 of the Central Excise Tariff Act, 1985, for availing the CENVAT Credit and rebate on the duty paid while exporting the said goods.
Supreme Court of India30 Apr 2024Full text
2024 INSC 353 · [2024] 5 S.C.R. 155
This Hon’ble Court was considering a challenge to an Order of the High Court disposing of a writ petition in terms of a “Minutes of Order” filed by the Advocates, and signed by the parties to the petition, without impleading the affected parties.
Supreme Court of India30 Apr 2024Full text
2024 INSC 352 · [2024] 5 S.C.R. 462
Whether the High Court, while substituting Respondent No.6 as the appellant in the Second Appeal, has followed the correct procedure prescribed under Order XXII Rule 5 of the Code of Civil Procedure.
Supreme Court of India26 Apr 2024Full text
2024 INSC 348 · [2024] 5 S.C.R. 321
Suspension of legal proceedings as envisaged u/s. 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985, if would extend to a suit for recovery of money even if the debt sought to be proved in the plaint has not been admitted by the sick industrial company and if so, whether the decree in favour of the original plaintiff could be said to be coram non-judice; and the High Court, if erred in granting 24% compound interest on the principal decretal amount in favour of the original plaintiff.
Supreme Court of India8 Apr 2024Full text
2024 INSC 347 · [2024] 5 S.C.R. 203
Appellant was convicted u/s.138 of the Negotiable Instruments Act, 1881. Additionally, an FIR was also filed against the appellant u/ ss.406, 420, 120B, IPC. Parties agreed to compound the offence at the appellate stage and a settlement was reached. But, the appellant could not pay the amount within the time stipulated in the settlement agreement. However, eventually, entire amount was paid by him but, the complainant did not agree for compounding of the offence. Complainant, if can be compelled by the courts to give consent for compounding of the matter.
Supreme Court of India26 Apr 2024Full text
2024 INSC 346 · [2024] 5 S.C.R. 56
Chargesheet was filed against the Respondents in an FIR filed alleging a widespread conspiracy involving forgery of documents to facilitate the illegal transfer of valuable government land to private entities. SDJM, Bhubaneshwar passed an order of cognizance of offence u/s 420,467,468,471,477(A),120B and 34 IPC and issue of process against the Respondents. Whether the High Court was justified in quashing the order taking cognizance against the Respondents.
Supreme Court of India22 Apr 2024Full text
2024 INSC 344 · [2024] 5 S.C.R. 400
Whether a Single Judge of the High Court can disagree with an earlier order of a Single Judge based on the same set of facts and one trial, and give a conflicting order.
Supreme Court of India5 Apr 2024Full text
2024 INSC 343 · [2024] 5 S.C.R. 36
Matter pertains to suspension of sentence of life imprisonment of the convicted persons, and their consequential enlargement on bail, in an acid attack case.
Supreme Court of India26 Apr 2024Full text
2024 INSC 342 · [2024] 5 S.C.R. 537
Whether it is sufficient to make out prima facie case on the basis of allegations for summoning of the accused.
Supreme Court of India25 Apr 2024Full text
2024 INSC 340 · [2024] 5 S.C.R. 215
(i) Whether there can be debt within the meaning of sub-section (11) of section 5 of the Insolvency and Bankruptcy Code, 2016; (ii) What is the test to determine whether a debt is a financial debt within the meaning of sub-section (8) of section 5 of the 2016 Code; (iii) Is it necessary to ascertain what is the real nature of the transaction reflected in the writing, while deciding the issue whether a debt is a financial debt or an operational debt; (iv) When is the debt, an operational debt.
Also on Law on Tips: Bare Acts · Legal news and analysis