⚖
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.
2,121–2,140 · Page 107 of 382
Supreme Court of India5 Sep 2017Full text
2017 INSC 852 · [2017] 14 S.C.R. 590
Doctrines/Principles - Principle of "legislation by incorporation" - s. 27-A of the 1957 Act provides a remedy of appealF to the High Court against the order of ITAT and is pari materia to s. l 00. CPC. 1908 - Held: Section 100. CPC is bodily !(fled from the Code and incorporated in s.27-A of the 1957 Act with minor ad…
Supreme Court of India5 Sep 2017Full 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.
2,121–2,140 · Page 107 of 382
Supreme Court of India5 Sep 2017Full text
2017 INSC 852 · [2017] 14 S.C.R. 590
Doctrines/Principles - Principle of "legislation by incorporation" - s. 27-A of the 1957 Act provides a remedy of appealF to the High Court against the order of ITAT and is pari materia to s. l 00. CPC. 1908 - Held: Section 100. CPC is bodily !(fled from the Code and incorporated in s.27-A of the 1957 Act with minor ad…
Supreme Court of India5 Sep 2017Full text
2017 INSC 851 · [2017] 9 S.C.R. 715
715 716 SUPREME COURT REPORTS [2017] 9 S.C.R. A send its Inspecting Team to the Petitioner-College to consider the grant of renewal of LOP for the academic session 2018-2019 -Matter be placed for fiirther consideration - Indian Medical Council Act, 1956 - Section JOA (4) - Establishment of Medical College Regulations, …
Supreme Court of India5 Sep 2017Full text
2017 INSC 850 · [2017] 14 S.C.R. 569
HELD: 1.1 On the basis of the order dated 9.12.2004, the E respondent functioned as the official Superintendent Grade II. While he was officiating on the said post, he was promoted on officiating basis to function in the post of Superintendent Grade I by order dated 26.5.2007.The orders dated 09.12.2004 and 26.05.2007 …
Supreme Court of India4 Sep 2017Full text
2017 INSC 847 · [2017] 8 S.C.R. 642
H 642 SHALU OJHA v. PRASHANT OJHA 643 CRIMINAL APPELLATE JURISDICTION: Special Leave A Petition (Criminal) No.3935 of2016. From the final Judgment and Order dated 13.02.2015 passed by the Additional Session Judge, North West District Court, Rohini, New Delhi in C.A. No.75/2014. B Shalu Ojha (petitioner-in-person). Same…
Supreme Court of India4 Sep 2017Full text
2017 INSC 846 · [2017] 8 S.C.R. 630
2. After the children came to the appellant, they were ~ admitted in a school in Mumbai. The son's academic performance has improved significantly. He is getting very high grades in the examinations. In fact, academic performance of the daughter has also gone up. This factor, though noted by the High Court, has been l…
Supreme Court of India1 Sep 2017Full text
2017 INSC 845 · [2017] 8 S.C.R. 877
KRISHNA MOHAN MEDICAL COLLEGE AND HOSPITAL & 879 ANR. v. U.0.1. AND ANOTHER controverted and duly explained by the petitioner college with A supporting materials. The order dated 10.08.2017 does not ·contain a semblance of such consideration. In view of the eventful backdrop, in which the matter was remanded to the Cen…
Supreme Court of India1 Sep 2017Full text
2017 INSC 842 · [2017] 8 S.C.R. 626
Allowing the appeal, the Court D HELD: The reasons to remand the case to the High Court has occasioned because the High Court while allowing the second appeal filed by the plaintiff-respondent No.1 did not frame any substantial question of law as is required to be framed at the time of admission of the second appeal an…
Supreme Court of India1 Sep 2017Full text
2017 INSC 841 · [2017] 9 S.C.R. 392
- Petitioners had objected to the second surprise inspection as the same was to be conducted after the cut-off date - While the report F of that inspection was pending for consideratio11, need for the second inspection has not been explained - Thus the petitioner-college fulfills the infrastructure and academic require…
Supreme Court of India1 Sep 2017Full text
2017 INSC 840 · [2017] 11 S.C.R. 1061
[2017] 11 S.C.R. 1061 SHRI VENKATESHWARA UNIVERSITY THROUGH A ITS REGISTRAR AND ANOTHER v. UNION OF INDIA AND ANR. (Writ Petition (C) No.445 of2017). ·B SEPTEMBER 01, 2017 [DIPAK MISRA, CJI, AMITAVA ROY AND A.M. KHANWILKAR, JJ.] Education/Educational Institutions - Admission in MBBS c course for the academic years 2017…
Supreme Court of India31 Jan 2017Full text
2017 INSC 84 · [2017] 2 S.C.R. 342
Allowing the appeals, the Court HELD: 1.1 The footnote to the Notification dated 24.03.2001, in clear terms, proclaims that the areas of the two c categories of the minerals, corresponding to SI. Nos.1 and 2 (boulder, gravel, shingle, which are used for making chips) once identified, would be notified separately as per…
Supreme Court of India31 Aug 2017Full text
2017 INSC 838 · [2017] 11 S.C.R. 857
HRD CORPORATION v. GAIL (INDIA) LIMITED 859 doubts as to independence or .impartiality have to be determined A as a matter of fact in the facts of the particular challenge by the Arbitral Tribunal under Section 13. If a challenge is not successful, and the Arbitral Tribunal decides that there are no justifiable doubts …
Supreme Court of India31 Aug 2017Full text
2017 INSC 837 · [2017] 8 S.C.R. 33
33 34 SUPREME COURT REPORTS [2017] 8 S.C.R. A the creditors into the appellant company -- Also, the submission taken for the first time that no debt was in fact due under the MRA as it has not fallen due (owing to the default of the secured creditor) is not something that can be countenanced at this stage of the procee…
Supreme Court of India31 Aug 2017Full text
2017 INSC 836 · [2017] 7 S.C.R. 736
Keshav Mohan, Smarhar Singh, Piyush Choudhar, Advs. for the Appellant. · Suresh (in-person), C.D. Singh, Ms. Sakshi Kakkar, Gaurav Shukla, Usman, Advs. for the Respondents. D The Judgment of the Court was delivered by NAVIN SINHA, J. 1. The appellant is aggrieved by order dated 30.01.2009 in Criminal Revisio:i No.445 o…
Supreme Court of India31 Aug 2017Full text
2017 INSC 835 · [2017] 7 S.C.R. 741
HELD: The information sought by respondent No.I-Bank employee, of individual employees working in the Bank regarding · their transfer and posting of the entire clerical staff, was personal in nature; it was exempted from being disclosed under Section F S(j) of the Right to Information Act, 2005 and neither respondent ·…
Supreme Court of India31 Aug 2017Full text
2017 INSC 833 · [2017] 14 S.C.R. 582
H HELD: 1.1 The suit was filed by the State Government on 582 PARMANAND ~l'.'\GH (D) THR. LRS. v. UNION OF INDIA 583 · AND ANR. behalf of the Union on the footing that the non-occupancy tenant A retained the possession of the plot of land without the consent of the Union, and that, therefore, he was liable to cjcctment…
Supreme Court of India31 Aug 2017Full text
2017 INSC 832 · [2017] 13 S.C.R. 463
464 SUPREME COURT REPORTS [2017] 13 S.C.R. A Assessing Officer was within the permissible limils - Neither 1he Hearing Committee nor the Competent aulhority has not made any endeavour 10 dislodge the observation of OC - The recommendatirms of OC may not be stricto sensu binding on the Competent Authority. hut same cann…
Supreme Court of India31 Aug 2017Full text
2017 INSC 831 · [2017] 9 S.C.R. 697
697 698 SUPREME COURT REPORTS [2017] 9 S.C.R. A Constitution of India - Art. 142 - Medical Council Act, 1956 -s.JOA(4). Allowing the petition, the Court HELD: 1.1 The Hearing Committee, as well as the Comp.etent Authority of the Central Government, had shown B complete disregard to the fact situation and moreso when th…
Supreme Court of India30 Aug 2017Full text
2017 INSC 830 · [2017] 9 S.C.R. 324
2.1 The view of the High Court that only the offence is taken cognizance of ancl there is no need to take cognizance of . 0 an offence accused~wise is an errom·ous view in the context of a prosecution under the Act. The logic of the High Court that since· the offence is already taken cognizance of, there is no need to …
Supreme Court of India30 Aug 2017Full text
2017 INSC 829 · [2017] 7 S.C.R. 687
WITH H M.A. No.629/2017 in S.L.P(C) Nos.7483-7484 of2016. YUSUF KHAN @ DILIP KUMAR THR. P.O.A. v. PRAJITA 689 DEVELOPERS PVT.. LTD. & ANR Mukul Rohtagi, P. Chidambaram, Shyam Divan, Sr. Advs., Rahul A Chitnis, Shashibhushan P. Adgaonkar, Chirag Shah, Rana Sandeep Bussa, Aurupdas Gupta, Ms. Vandana Sehgal, Hardeep Singh…
Supreme Court of India30 Aug 2017Full text
2017 INSC 827 · [2017] 9 S.C.R. 408
Rent Control and Eviction - Sub-tenancy - Burden ofproof -F Held: The initial burden to prove that the sub-tenant is in exclusive possession of the property is 011 the ow11e1; however such burden is that of preponderance of probability only and if he succeeds then the burden to rebut the same lies on the tenant. Words …
Also on Law on Tips: Bare Acts · Legal news and analysis
2017 INSC 851 · [2017] 9 S.C.R. 715
715 716 SUPREME COURT REPORTS [2017] 9 S.C.R. A send its Inspecting Team to the Petitioner-College to consider the grant of renewal of LOP for the academic session 2018-2019 -Matter be placed for fiirther consideration - Indian Medical Council Act, 1956 - Section JOA (4) - Establishment of Medical College Regulations, …
Supreme Court of India5 Sep 2017Full text
2017 INSC 850 · [2017] 14 S.C.R. 569
HELD: 1.1 On the basis of the order dated 9.12.2004, the E respondent functioned as the official Superintendent Grade II. While he was officiating on the said post, he was promoted on officiating basis to function in the post of Superintendent Grade I by order dated 26.5.2007.The orders dated 09.12.2004 and 26.05.2007 …
Supreme Court of India4 Sep 2017Full text
2017 INSC 847 · [2017] 8 S.C.R. 642
H 642 SHALU OJHA v. PRASHANT OJHA 643 CRIMINAL APPELLATE JURISDICTION: Special Leave A Petition (Criminal) No.3935 of2016. From the final Judgment and Order dated 13.02.2015 passed by the Additional Session Judge, North West District Court, Rohini, New Delhi in C.A. No.75/2014. B Shalu Ojha (petitioner-in-person). Same…
Supreme Court of India4 Sep 2017Full text
2017 INSC 846 · [2017] 8 S.C.R. 630
2. After the children came to the appellant, they were ~ admitted in a school in Mumbai. The son's academic performance has improved significantly. He is getting very high grades in the examinations. In fact, academic performance of the daughter has also gone up. This factor, though noted by the High Court, has been l…
Supreme Court of India1 Sep 2017Full text
2017 INSC 845 · [2017] 8 S.C.R. 877
KRISHNA MOHAN MEDICAL COLLEGE AND HOSPITAL & 879 ANR. v. U.0.1. AND ANOTHER controverted and duly explained by the petitioner college with A supporting materials. The order dated 10.08.2017 does not ·contain a semblance of such consideration. In view of the eventful backdrop, in which the matter was remanded to the Cen…
Supreme Court of India1 Sep 2017Full text
2017 INSC 842 · [2017] 8 S.C.R. 626
Allowing the appeal, the Court D HELD: The reasons to remand the case to the High Court has occasioned because the High Court while allowing the second appeal filed by the plaintiff-respondent No.1 did not frame any substantial question of law as is required to be framed at the time of admission of the second appeal an…
Supreme Court of India1 Sep 2017Full text
2017 INSC 841 · [2017] 9 S.C.R. 392
- Petitioners had objected to the second surprise inspection as the same was to be conducted after the cut-off date - While the report F of that inspection was pending for consideratio11, need for the second inspection has not been explained - Thus the petitioner-college fulfills the infrastructure and academic require…
Supreme Court of India1 Sep 2017Full text
2017 INSC 840 · [2017] 11 S.C.R. 1061
[2017] 11 S.C.R. 1061 SHRI VENKATESHWARA UNIVERSITY THROUGH A ITS REGISTRAR AND ANOTHER v. UNION OF INDIA AND ANR. (Writ Petition (C) No.445 of2017). ·B SEPTEMBER 01, 2017 [DIPAK MISRA, CJI, AMITAVA ROY AND A.M. KHANWILKAR, JJ.] Education/Educational Institutions - Admission in MBBS c course for the academic years 2017…
Supreme Court of India31 Jan 2017Full text
2017 INSC 84 · [2017] 2 S.C.R. 342
Allowing the appeals, the Court HELD: 1.1 The footnote to the Notification dated 24.03.2001, in clear terms, proclaims that the areas of the two c categories of the minerals, corresponding to SI. Nos.1 and 2 (boulder, gravel, shingle, which are used for making chips) once identified, would be notified separately as per…
Supreme Court of India31 Aug 2017Full text
2017 INSC 838 · [2017] 11 S.C.R. 857
HRD CORPORATION v. GAIL (INDIA) LIMITED 859 doubts as to independence or .impartiality have to be determined A as a matter of fact in the facts of the particular challenge by the Arbitral Tribunal under Section 13. If a challenge is not successful, and the Arbitral Tribunal decides that there are no justifiable doubts …
Supreme Court of India31 Aug 2017Full text
2017 INSC 837 · [2017] 8 S.C.R. 33
33 34 SUPREME COURT REPORTS [2017] 8 S.C.R. A the creditors into the appellant company -- Also, the submission taken for the first time that no debt was in fact due under the MRA as it has not fallen due (owing to the default of the secured creditor) is not something that can be countenanced at this stage of the procee…
Supreme Court of India31 Aug 2017Full text
2017 INSC 836 · [2017] 7 S.C.R. 736
Keshav Mohan, Smarhar Singh, Piyush Choudhar, Advs. for the Appellant. · Suresh (in-person), C.D. Singh, Ms. Sakshi Kakkar, Gaurav Shukla, Usman, Advs. for the Respondents. D The Judgment of the Court was delivered by NAVIN SINHA, J. 1. The appellant is aggrieved by order dated 30.01.2009 in Criminal Revisio:i No.445 o…
Supreme Court of India31 Aug 2017Full text
2017 INSC 835 · [2017] 7 S.C.R. 741
HELD: The information sought by respondent No.I-Bank employee, of individual employees working in the Bank regarding · their transfer and posting of the entire clerical staff, was personal in nature; it was exempted from being disclosed under Section F S(j) of the Right to Information Act, 2005 and neither respondent ·…
Supreme Court of India31 Aug 2017Full text
2017 INSC 833 · [2017] 14 S.C.R. 582
H HELD: 1.1 The suit was filed by the State Government on 582 PARMANAND ~l'.'\GH (D) THR. LRS. v. UNION OF INDIA 583 · AND ANR. behalf of the Union on the footing that the non-occupancy tenant A retained the possession of the plot of land without the consent of the Union, and that, therefore, he was liable to cjcctment…
Supreme Court of India31 Aug 2017Full text
2017 INSC 832 · [2017] 13 S.C.R. 463
464 SUPREME COURT REPORTS [2017] 13 S.C.R. A Assessing Officer was within the permissible limils - Neither 1he Hearing Committee nor the Competent aulhority has not made any endeavour 10 dislodge the observation of OC - The recommendatirms of OC may not be stricto sensu binding on the Competent Authority. hut same cann…
Supreme Court of India31 Aug 2017Full text
2017 INSC 831 · [2017] 9 S.C.R. 697
697 698 SUPREME COURT REPORTS [2017] 9 S.C.R. A Constitution of India - Art. 142 - Medical Council Act, 1956 -s.JOA(4). Allowing the petition, the Court HELD: 1.1 The Hearing Committee, as well as the Comp.etent Authority of the Central Government, had shown B complete disregard to the fact situation and moreso when th…
Supreme Court of India30 Aug 2017Full text
2017 INSC 830 · [2017] 9 S.C.R. 324
2.1 The view of the High Court that only the offence is taken cognizance of ancl there is no need to take cognizance of . 0 an offence accused~wise is an errom·ous view in the context of a prosecution under the Act. The logic of the High Court that since· the offence is already taken cognizance of, there is no need to …
Supreme Court of India30 Aug 2017Full text
2017 INSC 829 · [2017] 7 S.C.R. 687
WITH H M.A. No.629/2017 in S.L.P(C) Nos.7483-7484 of2016. YUSUF KHAN @ DILIP KUMAR THR. P.O.A. v. PRAJITA 689 DEVELOPERS PVT.. LTD. & ANR Mukul Rohtagi, P. Chidambaram, Shyam Divan, Sr. Advs., Rahul A Chitnis, Shashibhushan P. Adgaonkar, Chirag Shah, Rana Sandeep Bussa, Aurupdas Gupta, Ms. Vandana Sehgal, Hardeep Singh…
Supreme Court of India30 Aug 2017Full text
2017 INSC 827 · [2017] 9 S.C.R. 408
Rent Control and Eviction - Sub-tenancy - Burden ofproof -F Held: The initial burden to prove that the sub-tenant is in exclusive possession of the property is 011 the ow11e1; however such burden is that of preponderance of probability only and if he succeeds then the burden to rebut the same lies on the tenant. Words …
Also on Law on Tips: Bare Acts · Legal news and analysis