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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.
1,981–2,000 · Page 100 of 382
Supreme Court of India2 Nov 2018Full text
2018 INSC 1037 · [2018] 13 S.C.R. 1198
(certifying officer) seeking permission to add new ground i.e. “break in service” in Clause 16 of the Chapter of Punishment in Certified Standing Orders – Labour court and High Court dismissed the application – On appeal, held: A “break in service” cannot be allowed as a ground by way of punishment in Clause 16 of the …
Supreme Court of India2 Nov 2018Full 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.
1,981–2,000 · Page 100 of 382
Supreme Court of India2 Nov 2018Full text
2018 INSC 1037 · [2018] 13 S.C.R. 1198
(certifying officer) seeking permission to add new ground i.e. “break in service” in Clause 16 of the Chapter of Punishment in Certified Standing Orders – Labour court and High Court dismissed the application – On appeal, held: A “break in service” cannot be allowed as a ground by way of punishment in Clause 16 of the …
Supreme Court of India2 Nov 2018Full text
2018 INSC 1036 · [2018] 13 S.C.R. 1043
appeal under s.30 of the Act to the High Court against the order of the Commissioner lie only against the specific orders set out in clause (a) to (e) of s.30 of the Act with a further rider contained in first proviso to the Section that the appeal must involve substantial question of law – In the instant case, employe…
Supreme Court of India1 Nov 2018Full text
2018 INSC 1034 · [2018] 11 S.C.R. 1019
[2018] 11 S.C.R. 1019 1019 M/S HINDON FORGE PVT. LTD. & ANR. A v. THE STATE OF UTTAR PRADESH THROUGH DISTRICT MAGISTRATE GHAZIABAD & ANR. (Civil Appeal No. 10873 of 2018) B NOVEMBER 01, 2018 [R. F. NARIMAN AND NAVIN SINHA, JJ.] Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest…
Supreme Court of India1 Nov 2018Full text
2018 INSC 1032 · [2018] 13 S.C.R. 740
– Dismissed by High Court – On appeal, Held: Service conditions of the employee are governed by Certified Standing Orders framed under Certifying Officer Under Industrial Employment (Standing Orders) Act, 1946 – In the Standing Order 18 there is no provision E for acceptance of resignation – A permanent employee has a …
Supreme Court of India1 Nov 2018Full text
2018 INSC 1031 · [2018] 13 S.C.R. 1154
Allowing the Review Petition, the Court HELD: 1.1 In the instant case, since the special leave petition filed by the review petitioner was dismissed in limine with one word and without giving any reasons, the review petition F is allowed and the order dismissing the Special Leave Petition is recalled. [Para 16][1165-D-…
Supreme Court of India6 Feb 2018Full text
2018 INSC 103 · [2018] 10 S.C.R. 434
to assure the payment of interest to the person whose land was acquired and it was not the intention to subject the said payment to procedural hazards – Accordingly, the dispute in relation to non-award of interest can be raised by an aggrieved person only by taking recourse to Art. 226 of the Constitution in writ peti…
Supreme Court of India31 Oct 2018Full text
2018 INSC 1029 · [2018] 13 S.C.R. 1108
1108 SUPREME COURT[2018] 13REPORTSS.C.R. 1108 [2018] 13 S.C.R. A REENA HAZARIKA v. STATE OF ASSAM (Criminal Appeal No. 1330 of 2018) B OCTOBER 31, 2018 [R. F. NARIMAN AND NAVIN SINHA, JJ.] Evidence: Circumstantial evidence – Links in the chain of circumstances – Determination of – Prosecution case that wife killed her …
Supreme Court of India31 Oct 2018Full text
2018 INSC 1028 · [2018] 10 S.C.R. 1074
1074 SUPREME COURT[2018] 10REPORTSS.C.R. 1074 [2018] 10 S.C.R. A NAGPUR IMPROVEMENT TRUST v. SHEELA RAMCHANDRA TIKHE (Civil Appeal No. 10853 of 2018) B OCTOBER 31, 2018 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Nagpur Improvement Trust Disposal Rules, 1988: s.5(2) – Disposal of surplus land – Policy decision in the year 196…
Supreme Court of India31 Oct 2018Full text
2018 INSC 1027 · [2018] 13 S.C.R. 1093
Dismissing the appeal, the Court F HELD: 1.1 Section 464 Cr.P.C. relates to the effect of omission to frame, or absence of, or error, in charge. Sub-section (1) thereof provides that no finding, sentence or order of a court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed…
Supreme Court of India31 Oct 2018Full text
2018 INSC 1025 · [2018] 13 S.C.R. 731
Ashwani Bhardwaj, Adv. for the Appella…
Supreme Court of India31 Oct 2018Full text
2018 INSC 1023 · [2018] 13 S.C.R. 1188
H 1188 AMBADAS LAXMAN SHINDE AND ORS. v. THE STATE OF 1189 MAHARASHTRA Mohd. Arif v. Registrar, Supreme Court of India (2014) A 9 SCC 737 : [2014] 11 SCR 1009 – referred to. Case Law Reference [2014] 11 SCR 1009 referred to Para 7 CRIMINAL APPELLATE JURISDICTION: Review Petition B (Criminal) Nos. 18-19 of 2011 [arising…
Supreme Court of India30 Oct 2018Full text
2018 INSC 1022 · [2018] 14 S.C.R. 128
D Telecom Regulatory Authority of India Act, 1997: ss.11(1)(a)(iv), 11(1)(b), 36(1) – Role of TRAI – TRAI acts as a regulatory authority, which looks to the interest of both broadcaster and subscriber so as to provide a level playing field for both – The broadcaster is free to provide whatever content he chooses for th…
Supreme Court of India30 Oct 2018Full text
2018 INSC 1021 · [2018] 13 S.C.R. 587
production of witnesses by parties, expected time required for examination of witnesses, availability of witnesses at the relevant time, and conv…
Supreme Court of India30 Oct 2018Full text
2018 INSC 1020 · [2018] 13 S.C.R. 1147
D C.A. Nos. 10830, 10829, 10831, 10825, 10833, 10832, 10826, 10827, 10828 of 2018 and 723 of 1973. R. Venkataramani, Sr. Adv., Shivaji M. Jadhav, Yashraj Bundela, Praveen Vignesh, Ms. Astha Deep, Aditya Khanna for M/s. S. M. Jadhav and Company, Advs. for the Appellant. E Rupesh Kumar, Ms. Sadhana Sandhu, Shreyash Bhard…
Supreme Court of India6 Feb 2018Full text
2018 INSC 102 · [2018] 1 S.C.R. 890
Laches – Constitution of India – Art. 32. The two petitioners (cardiac surgeons in All India Institute of Medical Sciences) seeking a writ of Mandamus directing the first respondent to determine their seniority in relation to the fourth respondent kin terms of a binding Policy of 1997. G According to the petitioners at…
Supreme Court of India30 Oct 2018Full text
2018 INSC 1019 · [2018] 14 S.C.R. 68
the proceedings under the 1988 Act could not be vitiated – By filing fresh charge sheet, no prejudice is caused to the respondent nor would it result in failure of justice to be barred under the principle of “double jeopardy” – Under Art.20(2), no person shall be prosecuted and punished for the same offence more than o…
Supreme Court of India30 Oct 2018Full text
2018 INSC 1018 · [2018] 10 S.C.R. 1098
– Writ petitions challenging the allotment, on the ground interalia that the property was not put in auction – Single Judge dismissed D the writ petitions – Division Bench of High Court quashed the allotment – On appeal, held: When there is transfer of land by the State, allocation must be guided by consideration of th…
Supreme Court of India30 Oct 2018Full text
2018 INSC 1017 · [2018] 14 S.C.R. 78
B Code of Criminal Procedure,1973 – s.391 – Power under – Scope of – Discussed. Code of Criminal Procedure,1973– s.340– Pre-conditions for initiating proceedings under – Discussed. C Evidence – Rape – Sole testimony of the prosecutrix – Appreciation of – Discussed. Disposing of the appeals, the Court HELD : 1.1 Evidenc…
Supreme Court of India30 Oct 2018Full text
2018 INSC 1016 · [2018] 13 S.C.R. 1193
for a very short duration and that there was no evidence as to whether he was gainfully employed, order of reinstatement alongwith payment of back wages and continuity of service was wrong – Labour Court in exercise of powers u/s. 11A should have awarded lump sum compensation – The award is modified to the extent that …
Supreme Court of India29 Oct 2018Full text
2018 INSC 1015 · [2018] 13 S.C.R. 577
Corporation – Corporation by asking the appellant to join the duties, and later promoting him to the next higher grade, condoned the lapse and Corporation had no right to hold any Departmental Enquiry in relation to the issue of appellant’s caste certificate – Assuming that the Corporation could still probe the issue, …
Also on Law on Tips: Bare Acts · Legal news and analysis
2018 INSC 1036 · [2018] 13 S.C.R. 1043
appeal under s.30 of the Act to the High Court against the order of the Commissioner lie only against the specific orders set out in clause (a) to (e) of s.30 of the Act with a further rider contained in first proviso to the Section that the appeal must involve substantial question of law – In the instant case, employe…
Supreme Court of India1 Nov 2018Full text
2018 INSC 1034 · [2018] 11 S.C.R. 1019
[2018] 11 S.C.R. 1019 1019 M/S HINDON FORGE PVT. LTD. & ANR. A v. THE STATE OF UTTAR PRADESH THROUGH DISTRICT MAGISTRATE GHAZIABAD & ANR. (Civil Appeal No. 10873 of 2018) B NOVEMBER 01, 2018 [R. F. NARIMAN AND NAVIN SINHA, JJ.] Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest…
Supreme Court of India1 Nov 2018Full text
2018 INSC 1032 · [2018] 13 S.C.R. 740
– Dismissed by High Court – On appeal, Held: Service conditions of the employee are governed by Certified Standing Orders framed under Certifying Officer Under Industrial Employment (Standing Orders) Act, 1946 – In the Standing Order 18 there is no provision E for acceptance of resignation – A permanent employee has a …
Supreme Court of India1 Nov 2018Full text
2018 INSC 1031 · [2018] 13 S.C.R. 1154
Allowing the Review Petition, the Court HELD: 1.1 In the instant case, since the special leave petition filed by the review petitioner was dismissed in limine with one word and without giving any reasons, the review petition F is allowed and the order dismissing the Special Leave Petition is recalled. [Para 16][1165-D-…
Supreme Court of India6 Feb 2018Full text
2018 INSC 103 · [2018] 10 S.C.R. 434
to assure the payment of interest to the person whose land was acquired and it was not the intention to subject the said payment to procedural hazards – Accordingly, the dispute in relation to non-award of interest can be raised by an aggrieved person only by taking recourse to Art. 226 of the Constitution in writ peti…
Supreme Court of India31 Oct 2018Full text
2018 INSC 1029 · [2018] 13 S.C.R. 1108
1108 SUPREME COURT[2018] 13REPORTSS.C.R. 1108 [2018] 13 S.C.R. A REENA HAZARIKA v. STATE OF ASSAM (Criminal Appeal No. 1330 of 2018) B OCTOBER 31, 2018 [R. F. NARIMAN AND NAVIN SINHA, JJ.] Evidence: Circumstantial evidence – Links in the chain of circumstances – Determination of – Prosecution case that wife killed her …
Supreme Court of India31 Oct 2018Full text
2018 INSC 1028 · [2018] 10 S.C.R. 1074
1074 SUPREME COURT[2018] 10REPORTSS.C.R. 1074 [2018] 10 S.C.R. A NAGPUR IMPROVEMENT TRUST v. SHEELA RAMCHANDRA TIKHE (Civil Appeal No. 10853 of 2018) B OCTOBER 31, 2018 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Nagpur Improvement Trust Disposal Rules, 1988: s.5(2) – Disposal of surplus land – Policy decision in the year 196…
Supreme Court of India31 Oct 2018Full text
2018 INSC 1027 · [2018] 13 S.C.R. 1093
Dismissing the appeal, the Court F HELD: 1.1 Section 464 Cr.P.C. relates to the effect of omission to frame, or absence of, or error, in charge. Sub-section (1) thereof provides that no finding, sentence or order of a court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed…
Supreme Court of India31 Oct 2018Full text
2018 INSC 1025 · [2018] 13 S.C.R. 731
Ashwani Bhardwaj, Adv. for the Appella…
Supreme Court of India31 Oct 2018Full text
2018 INSC 1023 · [2018] 13 S.C.R. 1188
H 1188 AMBADAS LAXMAN SHINDE AND ORS. v. THE STATE OF 1189 MAHARASHTRA Mohd. Arif v. Registrar, Supreme Court of India (2014) A 9 SCC 737 : [2014] 11 SCR 1009 – referred to. Case Law Reference [2014] 11 SCR 1009 referred to Para 7 CRIMINAL APPELLATE JURISDICTION: Review Petition B (Criminal) Nos. 18-19 of 2011 [arising…
Supreme Court of India30 Oct 2018Full text
2018 INSC 1022 · [2018] 14 S.C.R. 128
D Telecom Regulatory Authority of India Act, 1997: ss.11(1)(a)(iv), 11(1)(b), 36(1) – Role of TRAI – TRAI acts as a regulatory authority, which looks to the interest of both broadcaster and subscriber so as to provide a level playing field for both – The broadcaster is free to provide whatever content he chooses for th…
Supreme Court of India30 Oct 2018Full text
2018 INSC 1021 · [2018] 13 S.C.R. 587
production of witnesses by parties, expected time required for examination of witnesses, availability of witnesses at the relevant time, and conv…
Supreme Court of India30 Oct 2018Full text
2018 INSC 1020 · [2018] 13 S.C.R. 1147
D C.A. Nos. 10830, 10829, 10831, 10825, 10833, 10832, 10826, 10827, 10828 of 2018 and 723 of 1973. R. Venkataramani, Sr. Adv., Shivaji M. Jadhav, Yashraj Bundela, Praveen Vignesh, Ms. Astha Deep, Aditya Khanna for M/s. S. M. Jadhav and Company, Advs. for the Appellant. E Rupesh Kumar, Ms. Sadhana Sandhu, Shreyash Bhard…
Supreme Court of India6 Feb 2018Full text
2018 INSC 102 · [2018] 1 S.C.R. 890
Laches – Constitution of India – Art. 32. The two petitioners (cardiac surgeons in All India Institute of Medical Sciences) seeking a writ of Mandamus directing the first respondent to determine their seniority in relation to the fourth respondent kin terms of a binding Policy of 1997. G According to the petitioners at…
Supreme Court of India30 Oct 2018Full text
2018 INSC 1019 · [2018] 14 S.C.R. 68
the proceedings under the 1988 Act could not be vitiated – By filing fresh charge sheet, no prejudice is caused to the respondent nor would it result in failure of justice to be barred under the principle of “double jeopardy” – Under Art.20(2), no person shall be prosecuted and punished for the same offence more than o…
Supreme Court of India30 Oct 2018Full text
2018 INSC 1018 · [2018] 10 S.C.R. 1098
– Writ petitions challenging the allotment, on the ground interalia that the property was not put in auction – Single Judge dismissed D the writ petitions – Division Bench of High Court quashed the allotment – On appeal, held: When there is transfer of land by the State, allocation must be guided by consideration of th…
Supreme Court of India30 Oct 2018Full text
2018 INSC 1017 · [2018] 14 S.C.R. 78
B Code of Criminal Procedure,1973 – s.391 – Power under – Scope of – Discussed. Code of Criminal Procedure,1973– s.340– Pre-conditions for initiating proceedings under – Discussed. C Evidence – Rape – Sole testimony of the prosecutrix – Appreciation of – Discussed. Disposing of the appeals, the Court HELD : 1.1 Evidenc…
Supreme Court of India30 Oct 2018Full text
2018 INSC 1016 · [2018] 13 S.C.R. 1193
for a very short duration and that there was no evidence as to whether he was gainfully employed, order of reinstatement alongwith payment of back wages and continuity of service was wrong – Labour Court in exercise of powers u/s. 11A should have awarded lump sum compensation – The award is modified to the extent that …
Supreme Court of India29 Oct 2018Full text
2018 INSC 1015 · [2018] 13 S.C.R. 577
Corporation – Corporation by asking the appellant to join the duties, and later promoting him to the next higher grade, condoned the lapse and Corporation had no right to hold any Departmental Enquiry in relation to the issue of appellant’s caste certificate – Assuming that the Corporation could still probe the issue, …
Also on Law on Tips: Bare Acts · Legal news and analysis