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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.
2,041–2,060 · Page 103 of 382
Supreme Court of India4 Oct 2017Full text
2017 INSC 998 · [2017] 10 S.C.R. 50
HELD: 1.1 What category of officers would come within the expression "designated authority" is contemplated by the G definition contained in clause 2 (c) of the Delhi Tax. Compliance Achievement Scheme, 2013. An Officer not below the rank of Joint Commissioner as may be n9tified by the Commissioner would be a designate…
Supreme Court of India4 Oct 2017Full text
2017 INSC 995 · [2017] 12 S.C.R. 698
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.
2,041–2,060 · Page 103 of 382
Supreme Court of India4 Oct 2017Full text
2017 INSC 998 · [2017] 10 S.C.R. 50
HELD: 1.1 What category of officers would come within the expression "designated authority" is contemplated by the G definition contained in clause 2 (c) of the Delhi Tax. Compliance Achievement Scheme, 2013. An Officer not below the rank of Joint Commissioner as may be n9tified by the Commissioner would be a designate…
Supreme Court of India4 Oct 2017Full text
2017 INSC 995 · [2017] 12 S.C.R. 698
698 KSB ALI v. STATE OF ANDHRA PRADESH 699 judgment which rejected the substantive reliefs sought by the A· ·appellants/petitioners - Writ appeal was allowed by Division Bench of High Court - On appeal, held: The appellant after having withdrawn his writ petition, could not have taken recourse to another writ petition …
Supreme Court of India4 Oct 2017Full text
2017 INSC 991 · [2017] 10 S.C.R. 1
THE STATE OF HIMACHAL PRADESH & ORS. v. MIS. 3 GUJARAT AMBUJA CEMENTS LTD. special dispensation involving a special arrangement i.e. A procurement from other sources. [Para 10] (9-E-H; 10-A-F] 1.2 Viewing the matter from the aforesaid perspective, it is concluded that the incentive provided under the Incentive Rules wo…
Supreme Court of India3 Oct 2017Full text
2017 INSC 989 · [2017] 12 S.C.R. 1028
- Legal heirs of the deceased per"on in such a matter can be added in the array of parties u/Or.l,r.10 of CPC r/w. s.151 of CPC su~ject to the plea of limiiation as contemplated u/Or. VII, 1: 6 of CPC and H 1028 PANKAJBHAI RAMESHBHAJ ZALAVADIYAv. JETHABHAI KALABHAI 1029 ZALAVADIYA(D) THR. LRS s.21 of the Limitation Act…
Supreme Court of India3 Oct 2017Full text
2017 INSC 987 · [2017] 11 S.C.R. 722
Arbitration and Conciliation Act, 1996 - s.31 (7)(a) - Payment of illlerest -Arbitral Tribunal awarded interest on delayed payments i11 favour of appellant - Held: This section provides that if the agreement prohibits award of interest for the pre-award period (i.e. G · pre-reference and pendente lite period), the Arbi…
Supreme Court of India22 Sep 2017Full text
2017 INSC 986 · [2017] 12 S.C.R. 956
[2017] 12 S.C.R. 956 A TECH! TAGI TARA v. RAJENDRA SINGH BHANDARI & ORS. (Civil Appeal No. 1359 of2017) B SEPTEMBER22, 2017 [MADAN B. LOKUR AND DEEPAK GUPTA, JJ.) National Green Tribunal Act, 2010 - ss.2(m), 14 and 15 -Challenge to the constitution of State Pollution Control Boards c (SPCBs) before National Green Tribu…
Supreme Court of India22 Sep 2017Full text
2017 INSC 983 · [2017] 12 S.C.R. 1007
(2017] 12 S.C.R. 1007 THE STATE OF KARNATAKA A v. Mis. M. K. AGRO TECH. PVT. LTD. (Civil Appeal Nos.15049-15069 of20l7) SEPTEMBER 22, 2017 B [A. K. SIKRI AND ASHOK BHUSHAN, JJ.) Karnataka Value Added Tax (Act). 2003 - ss. 5, 17 -Karnataka Value Added Tax Rules, 2005 - 1: 13 { - Partial rebate of input tax u/s.17 of KVA…
Supreme Court of India22 Sep 2017Full text
2017 INSC 982 · [2017] 13 S.C.R. 25
[2017] 13 S.C.R. 25 STATE OF GUJARAT A v. RELIANCE INDUSTRIES LTD. (Civil Appeal Nos. 13047-13048 of2017) SEPTEMBER 22, 2017 B [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Gujarat Value Added Tax Act, 2003 - ss.11(3)(b), 12 -Respondent-assessee is engaged in the business of manufacturing and selling polymers and chemicals in t…
Supreme Court of India22 Sep 2017Full text
2017 INSC 981 · [2017] 8 S.C.R. 944
944 SHANTANU SITARAM @ ANIL DIVEKAR v. THE STATE OF 945 MAHARASHTRA Dismissing the appeals, the Court A HELD: 1. There is evidence of PW.13, who was priest of both the families and who had performed the marriage of the deceased and Al that he had seen Al moving in the company of A2 and A3 before the day of occurrence. …
Supreme Court of India22 Sep 2017Full text
2017 INSC 979 · [2017] 9 S.C.R. 766
766 KUTCIDLAL RAMESHWARASHRAM TRUST EVAM 767 ANNA KSHETRA TRUST v. COLLECTOR, HARIDWAR Hindu Succession Act, 1956: , A s. 29 - Scope of - Held: s. 29 embodies a principle, but does not provide a procedural mechanism for adjudication upon disputed questions - Section 29 embodies prinCiple of escheat and comes into opera…
Supreme Court of India22 Sep 2017Full text
2017 INSC 978 · [2017] 11 S.C.R. 1099
- Challenged by petitioner - Supreme Court by its order dtd. E .01.8.2017 directed Central govt. to take a fresh decision after considering the materials on record and affording an opportunity of hearing to the petitioner - Hearing Committee of Central govt. considered the matter afresh and Central govt. by order dtd. …
Supreme Court of India22 Sep 2017Full text
2017 INSC 977 · [2017] 9 S.C.R. 791
H 791 .,',. 792 SUPREME COURT REPORTS [2017] 9 $.C.R. A Referring the matter to larger Bench, the Court HELD: 1.1 In Nav Bharat Constr11ction Company case, Supreme Court while following a three-Judge Bench judgment in Mcdermott International INC case held that since the Arbitrator was directed to me the award in this C…
Supreme Court of India14 Dec 2017Full text
2017 INSC 977 · [2017] 13 S.C.R. 1009
[2017] 13 S.C.R. 1009 THE STATE OF JHARKHAND & ORS. A v. MIS HINDUSTAN CONSTRUCTION CO. LTD. (Civil Appeal No. I 093 of2006) DECEMBER 14,2017 B [DIPAK MISRA, CJT, A.K. SIKRI, A.M. KHANWILKAR, DR. D.Y. CHANDRACHUD AND ASHOK BHUSHAN, JJ.] Arbitration and Conciliation Act, 1996: ss. 31, 30 and 33 -Jurisdiction of the Cour…
Supreme Court of India21 Sep 2017Full text
2017 INSC 976 · [2017] 13 S.C.R. 800
800 M. D. FROZEN FOODS EXPORTS PVT. LTD. v. HERO 801 FINCORP LTD. SARFAESI Act are a remedy in addition to the provisions of the A Arbitration Act. 1996 - SARFAESI proceedings and arbitration proceedings. thus, can go hand in hand - Impugned order is well-reasoned order giving cogent reasons- Costs ofRs. 20,000/- impos…
Supreme Court of India21 Sep 2017Full text
2017 INSC 974 · [2017] 9 S.C.R. 277
Allowing the appeal, the Court HELD: 1.1 It is apparent from the provisions of Section 36 of the Bombay Public Trusts Act, 1950 that sale, exchange or H 277 278 SUPREME COURT REPORTS [2017] 9 S.C.R. A gift of an} immovable property or lease, extending beyond ten years in the case of agricultural land, or for a period e…
Supreme Court of India21 Sep 2017Full text
2017 INSC 973 · [2017] 8 S.C.R. 697
[2017) 8 S. C.R. 697 EMPLOYEES STATE INSURANCE CORPORATION & ANR. A v. MANGALAM PUBLICATIONS (I) PRIVATE LIMITED (Civil Appeal No. 4681 of2009) SEPTEMBER21, 2017 B [ARUN MISHRA AND MOHAN M. SHANTANAGOUDAR, JJ.) . Employees' State Insurance Act, 1948 - s. 2(22) - Wages -Interim relief paid by private limited company-res…
Supreme Court of India21 Sep 2017Full text
2017 INSC 972 · [2017] 8 S.C.R. 310
- Kerela State and Subordinate Service Rules, 1958 - r. 27. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7849 of2009. G From the Judgment and Order dated 04.12.2006 of the High Court of Kerala at Emakulam in W. A. No. 1374 of 2006. WITH C. A. No. 7913 of2009. H 310 K. R. BABU v. STATE OF KERALA & ORS. 3.11 Dhruv Meht…
Supreme Court of India21 Sep 2017Full text
2017 INSC 971 · [2017] 8 S.C.R. 711
Precedent - Conflicting views - Tearing of judicial veil -Under· the present practice, view of four Judges speaking for the majority (including dissenting judges) in a 7 Judge Bench would prevail over a unanimous 5 Judge Bench decision, because they F happen to speak for a 7 Judge Bench - Question to be answered that a…
Supreme Court of India2 Feb 2017Full text
2017 INSC 97 · [2017] 2 S.C.R. 645
H 645 646 SUPREME COURT REPORTS [2017] 2 S.C.R. A Penal Code, 1860 - s.97 - Right to private defence - Held: A mere reasonable apprehension is enough to put the right of self-defence into operation and it is not necessary that there should be an actual commission of the offence in order to give rise to the right of pri…
Supreme Court of India21 Sep 2017Full text
2017 INSC 969 · [2017] 11 S.C.R. 755
755 756 SUPREME COURT REPORTS (2017) 11 S.C.R. A brought on record to substantiate the a/legation of mala fide - At the time of consideration of recognition, the compliance is viewed and scrutinized with great rigour and strictness - What may be treated as minor (!/eftciency at the initial stage, may not remain so when…
Also on Law on Tips: Bare Acts · Legal news and analysis
698 KSB ALI v. STATE OF ANDHRA PRADESH 699 judgment which rejected the substantive reliefs sought by the A· ·appellants/petitioners - Writ appeal was allowed by Division Bench of High Court - On appeal, held: The appellant after having withdrawn his writ petition, could not have taken recourse to another writ petition …
Supreme Court of India4 Oct 2017Full text
2017 INSC 991 · [2017] 10 S.C.R. 1
THE STATE OF HIMACHAL PRADESH & ORS. v. MIS. 3 GUJARAT AMBUJA CEMENTS LTD. special dispensation involving a special arrangement i.e. A procurement from other sources. [Para 10] (9-E-H; 10-A-F] 1.2 Viewing the matter from the aforesaid perspective, it is concluded that the incentive provided under the Incentive Rules wo…
Supreme Court of India3 Oct 2017Full text
2017 INSC 989 · [2017] 12 S.C.R. 1028
- Legal heirs of the deceased per"on in such a matter can be added in the array of parties u/Or.l,r.10 of CPC r/w. s.151 of CPC su~ject to the plea of limiiation as contemplated u/Or. VII, 1: 6 of CPC and H 1028 PANKAJBHAI RAMESHBHAJ ZALAVADIYAv. JETHABHAI KALABHAI 1029 ZALAVADIYA(D) THR. LRS s.21 of the Limitation Act…
Supreme Court of India3 Oct 2017Full text
2017 INSC 987 · [2017] 11 S.C.R. 722
Arbitration and Conciliation Act, 1996 - s.31 (7)(a) - Payment of illlerest -Arbitral Tribunal awarded interest on delayed payments i11 favour of appellant - Held: This section provides that if the agreement prohibits award of interest for the pre-award period (i.e. G · pre-reference and pendente lite period), the Arbi…
Supreme Court of India22 Sep 2017Full text
2017 INSC 986 · [2017] 12 S.C.R. 956
[2017] 12 S.C.R. 956 A TECH! TAGI TARA v. RAJENDRA SINGH BHANDARI & ORS. (Civil Appeal No. 1359 of2017) B SEPTEMBER22, 2017 [MADAN B. LOKUR AND DEEPAK GUPTA, JJ.) National Green Tribunal Act, 2010 - ss.2(m), 14 and 15 -Challenge to the constitution of State Pollution Control Boards c (SPCBs) before National Green Tribu…
Supreme Court of India22 Sep 2017Full text
2017 INSC 983 · [2017] 12 S.C.R. 1007
(2017] 12 S.C.R. 1007 THE STATE OF KARNATAKA A v. Mis. M. K. AGRO TECH. PVT. LTD. (Civil Appeal Nos.15049-15069 of20l7) SEPTEMBER 22, 2017 B [A. K. SIKRI AND ASHOK BHUSHAN, JJ.) Karnataka Value Added Tax (Act). 2003 - ss. 5, 17 -Karnataka Value Added Tax Rules, 2005 - 1: 13 { - Partial rebate of input tax u/s.17 of KVA…
Supreme Court of India22 Sep 2017Full text
2017 INSC 982 · [2017] 13 S.C.R. 25
[2017] 13 S.C.R. 25 STATE OF GUJARAT A v. RELIANCE INDUSTRIES LTD. (Civil Appeal Nos. 13047-13048 of2017) SEPTEMBER 22, 2017 B [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Gujarat Value Added Tax Act, 2003 - ss.11(3)(b), 12 -Respondent-assessee is engaged in the business of manufacturing and selling polymers and chemicals in t…
Supreme Court of India22 Sep 2017Full text
2017 INSC 981 · [2017] 8 S.C.R. 944
944 SHANTANU SITARAM @ ANIL DIVEKAR v. THE STATE OF 945 MAHARASHTRA Dismissing the appeals, the Court A HELD: 1. There is evidence of PW.13, who was priest of both the families and who had performed the marriage of the deceased and Al that he had seen Al moving in the company of A2 and A3 before the day of occurrence. …
Supreme Court of India22 Sep 2017Full text
2017 INSC 979 · [2017] 9 S.C.R. 766
766 KUTCIDLAL RAMESHWARASHRAM TRUST EVAM 767 ANNA KSHETRA TRUST v. COLLECTOR, HARIDWAR Hindu Succession Act, 1956: , A s. 29 - Scope of - Held: s. 29 embodies a principle, but does not provide a procedural mechanism for adjudication upon disputed questions - Section 29 embodies prinCiple of escheat and comes into opera…
Supreme Court of India22 Sep 2017Full text
2017 INSC 978 · [2017] 11 S.C.R. 1099
- Challenged by petitioner - Supreme Court by its order dtd. E .01.8.2017 directed Central govt. to take a fresh decision after considering the materials on record and affording an opportunity of hearing to the petitioner - Hearing Committee of Central govt. considered the matter afresh and Central govt. by order dtd. …
Supreme Court of India22 Sep 2017Full text
2017 INSC 977 · [2017] 9 S.C.R. 791
H 791 .,',. 792 SUPREME COURT REPORTS [2017] 9 $.C.R. A Referring the matter to larger Bench, the Court HELD: 1.1 In Nav Bharat Constr11ction Company case, Supreme Court while following a three-Judge Bench judgment in Mcdermott International INC case held that since the Arbitrator was directed to me the award in this C…
Supreme Court of India14 Dec 2017Full text
2017 INSC 977 · [2017] 13 S.C.R. 1009
[2017] 13 S.C.R. 1009 THE STATE OF JHARKHAND & ORS. A v. MIS HINDUSTAN CONSTRUCTION CO. LTD. (Civil Appeal No. I 093 of2006) DECEMBER 14,2017 B [DIPAK MISRA, CJT, A.K. SIKRI, A.M. KHANWILKAR, DR. D.Y. CHANDRACHUD AND ASHOK BHUSHAN, JJ.] Arbitration and Conciliation Act, 1996: ss. 31, 30 and 33 -Jurisdiction of the Cour…
Supreme Court of India21 Sep 2017Full text
2017 INSC 976 · [2017] 13 S.C.R. 800
800 M. D. FROZEN FOODS EXPORTS PVT. LTD. v. HERO 801 FINCORP LTD. SARFAESI Act are a remedy in addition to the provisions of the A Arbitration Act. 1996 - SARFAESI proceedings and arbitration proceedings. thus, can go hand in hand - Impugned order is well-reasoned order giving cogent reasons- Costs ofRs. 20,000/- impos…
Supreme Court of India21 Sep 2017Full text
2017 INSC 974 · [2017] 9 S.C.R. 277
Allowing the appeal, the Court HELD: 1.1 It is apparent from the provisions of Section 36 of the Bombay Public Trusts Act, 1950 that sale, exchange or H 277 278 SUPREME COURT REPORTS [2017] 9 S.C.R. A gift of an} immovable property or lease, extending beyond ten years in the case of agricultural land, or for a period e…
Supreme Court of India21 Sep 2017Full text
2017 INSC 973 · [2017] 8 S.C.R. 697
[2017) 8 S. C.R. 697 EMPLOYEES STATE INSURANCE CORPORATION & ANR. A v. MANGALAM PUBLICATIONS (I) PRIVATE LIMITED (Civil Appeal No. 4681 of2009) SEPTEMBER21, 2017 B [ARUN MISHRA AND MOHAN M. SHANTANAGOUDAR, JJ.) . Employees' State Insurance Act, 1948 - s. 2(22) - Wages -Interim relief paid by private limited company-res…
Supreme Court of India21 Sep 2017Full text
2017 INSC 972 · [2017] 8 S.C.R. 310
- Kerela State and Subordinate Service Rules, 1958 - r. 27. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7849 of2009. G From the Judgment and Order dated 04.12.2006 of the High Court of Kerala at Emakulam in W. A. No. 1374 of 2006. WITH C. A. No. 7913 of2009. H 310 K. R. BABU v. STATE OF KERALA & ORS. 3.11 Dhruv Meht…
Supreme Court of India21 Sep 2017Full text
2017 INSC 971 · [2017] 8 S.C.R. 711
Precedent - Conflicting views - Tearing of judicial veil -Under· the present practice, view of four Judges speaking for the majority (including dissenting judges) in a 7 Judge Bench would prevail over a unanimous 5 Judge Bench decision, because they F happen to speak for a 7 Judge Bench - Question to be answered that a…
Supreme Court of India2 Feb 2017Full text
2017 INSC 97 · [2017] 2 S.C.R. 645
H 645 646 SUPREME COURT REPORTS [2017] 2 S.C.R. A Penal Code, 1860 - s.97 - Right to private defence - Held: A mere reasonable apprehension is enough to put the right of self-defence into operation and it is not necessary that there should be an actual commission of the offence in order to give rise to the right of pri…
Supreme Court of India21 Sep 2017Full text
2017 INSC 969 · [2017] 11 S.C.R. 755
755 756 SUPREME COURT REPORTS (2017) 11 S.C.R. A brought on record to substantiate the a/legation of mala fide - At the time of consideration of recognition, the compliance is viewed and scrutinized with great rigour and strictness - What may be treated as minor (!/eftciency at the initial stage, may not remain so when…
Also on Law on Tips: Bare Acts · Legal news and analysis