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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.
2,341–2,360 · Page 118 of 382
Supreme Court of India3 May 2017Full text
2017 INSC 432 · [2017] 3 S.C.R. 836
[2017] 3 S.C.R. 836 A MIS. PALAM GAS SERVICE v. COMMISSIONER OF INCOME TAX (Civil Appeal No. 5512 of 2017) B MAY03,2017 [A. k SIKRI AND ASHOK BHUSHAN, J;J.) lncoine Tax Act, 1961 - s.40(a)(ia) and s.197 - Whether the provisions of s.40(a)(ia) shall be attracted when the amount is not c payable to a contractor or sub-co…
Supreme Court of India2 May 2017Full text
2017 INSC 431 · [2017] 4 S.C.R. 767
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.
2,341–2,360 · Page 118 of 382
Supreme Court of India3 May 2017Full text
2017 INSC 432 · [2017] 3 S.C.R. 836
[2017] 3 S.C.R. 836 A MIS. PALAM GAS SERVICE v. COMMISSIONER OF INCOME TAX (Civil Appeal No. 5512 of 2017) B MAY03,2017 [A. k SIKRI AND ASHOK BHUSHAN, J;J.) lncoine Tax Act, 1961 - s.40(a)(ia) and s.197 - Whether the provisions of s.40(a)(ia) shall be attracted when the amount is not c payable to a contractor or sub-co…
Supreme Court of India2 May 2017Full text
2017 INSC 431 · [2017] 4 S.C.R. 767
ESSAR STEEL INDIA LTD. AND ANR. v. STATE OF GUJARAT 769 ANDANR. conclusion that conditions as enumerated in Section 3(2)(vii)(a) A are not fulfilled. [Paras 23, 30) [782-G-H; 787-C-E] 2. Claim under notification dated 27.02.1992 The notification dated 27.02.1992 was issued in exercise of power conferred by Section 3(3)…
Supreme Court of India10 Jan 2017Full text
2017 INSC 43 · [2017] 1 S.C.R. 397
Allowing the appeal, the Court HELD: It is not in dispute that in this ease, the prosecution while initiating the action against the appellant did not take D recourse to the procedure prescribed under Section 195 of the Code. It is for this reason, the action taken by the prosecution against the appellant insofar as it…
Supreme Court of India2 May 2017Full text
2017 INSC 428 · [2017] 3 S.C.R. 815
815 816 SUPREME COURT REPORTS [2017] 3 S.C.R. A respondent - High Courts order of acquittal is upheld - Constitution of India -Art.20(3) .:... Adverse inference - Evidence - Circumstantial evidence. · Dismissing the appeals, the Court HELD: 1. Whether compelling an accused to provide his B fingerprints or footprints et…
Supreme Court of India2 May 2017Full text
2017 INSC 427 · [2017] 3 S.C.R. 826
Allowing the( appeal, the Court G HELD: 1. Respondent No. 1, in her application for setting aside the sale, had mainly raised four objections. Firstly, clear 15 days' notice was not given for sale of the properties as required under the Rules. Secondly, the valuation of the property was not properly mentioned in the co…
Supreme Court of India1 May 2017Full text
2017 INSC 426 · [2017] 8 S.C.R. 1
SURAZ INDIA TRUST v. UNION OF INDIA 3 4. Extremely important matters are taken up for A consideration on a daily basis, and they lag behind sometimes, because individuals who were not competent to assist this Court, . insist without due cause, to be granted a prolonged.bearing. Hearing is sometimes sought (as in the in…
Supreme Court of India1 May 2017Full text
2017 INSC 421 · [2017] 3 S.C.R. 921
WITH C.A. Nos. 3787 and3786 of2017. D Shanti Bhushan, Sr. Adv., Jayant Bhushan, Ashok Kumar Singh, Kartik Seth, Santwanu Singh, Ad vs. for the Appellant. P. S. Patwalia, ASG, P. N. Mishra, Sr. Adv., C. D. Singh, Ms. Shivali Chaudhary, Avi Pandey, Amit Sharma, Dhurv Sheoron, E Ms. AlkaAggarwal, Raj Bahadur Yadav, Mukesh…
Supreme Court of India1 May 2017Full text
2017 INSC 419 · [2017] 3 S.C.R. 808
Allowing the appeal and remitting the matter to High Court, the Court F HELD: 1.1 The High Court though in the impugned order referred to the evidence of some witnesses but neither referred and nor appreciated much less discussed the entire evidence adduced by the prosecution of as many as 13 witnesses in proper perspe…
Supreme Court of India28 Apr 2017Full text
2017 INSC 417 · [2017] 3 S.C.R. 417
418 SUPREME COURT REPORTS [2017] 3 S.C.R. A Allowing the appeal, the Court HELD: 1.1 Since the appellant no.1-College is a constituent 'Of the appellant no. 2-University, the. question of compelling it to take affiliation from another University (Himachal Pradesh University) cannot be countenanced. The impugned judgmen…
Supreme Court of India28 Apr 2017Full text
2017 INSC 415 · [2017] 3 S.C.R. 458
[2017] 3 S.C.R. 458 A PAWAN KUMAR v. STATE OF H.P. (Criminal Appeal No, 775of2017) B APRIL 28, 2017 [DIPAK MISRA, A.M. KHANWILKAR AND MOHAN M. SHANTANAGOUDAR, JJ.I Penal Code, 1860: C s. 306 - Abetment of suicide - Conviction and sentence under - Correctness of - On facts, accused after acquittal in a cc.se u/ss. 363, …
Supreme Court of India28 Apr 2017Full text
2017 INSC 414 · [2017] 3 S.C.R. 401
[2017] 3 S.C.R. 401 GOHIL VISHVARAJ HANUBHAI & OTHERS A v. STATE OF GUJARAT & OTHERS (Civil Appeal Nos. 5680-83of2017) APRIL 28, 2017 B [J. CHELAMESWAR AND ABHAY MANOHAR SAPRE, JJ.) Administrative law - Administrative action - Judicial review - Power of - On facts, complaint of large scale malpractices in the entire ex…
Supreme Court of India27 Apr 2017Full text
2017 INSC 410 · [2017] 3 S.C.R. 335
336 SUPREME COURT REPORTS [2017] 3 S.C.R. A Mukul Rohatgi,AG,A. Mariarputham,AG, Sikkim, Maninder Singh, ASG, Nalin Kohli, D. K. Thakur, Sanchar Anand, Ms. Kiran Bala Sahay, AAGs, Shanti Bhushan, Vikas Singh, B. Prabakaran, Sr. Advs., Prashant Bhushan, Kartiketh, Rohit Kumar Singh, Ms. Sushrna Suri, Abhay Nevagi, Krish…
Supreme Court of India27 Apr 2017Full text
2017 INSC 409 · [2017] 3 S.C.R. 374
F Allowing the appeal, the Court HELD: 1.1 The powers of the court to proceed und-er Section 319 Cr.P.C. even against those persons who are not ~rraigned as accused, cannot be disputed. This provision is meant to achieve the objective that real culprit should not get away - ' G _unpunished. Section 3.19 Cr.P.C., which …
Supreme Court of India27 Apr 2017Full text
2017 INSC 408 · [2017] 3 S.C.R. 291
[2017] 3 S.C.R. 291 COMMON CAUSE : A REGISTERED SOCIETY A v. UNION OF INDIA (Writ Petition (Civil) No. 245of2014) B APRIL 27, 2017 [RANJAN GOGOi AND NAVIN SINHA, JJ.] Lokpal and Lokayuktas Act, 2013 - ss.4(2) and 4(J)(e) -Search Committee (Constitution, Terms and Conditions of Appointment of Members and the Manner of S…
Supreme Court of India27 Apr 2017Full text
2017 INSC 406 · [2017] 3 S.C.R. 312
Evidence: Test identification parade - Reliability of - When accused already seen through newspaper and prosecution witness never calledfor identification of the accused - Held: Test identification H 312 SEEN! NAINAR MOHAMMED v. STATE REP. BY DSP 313 parade was a farce as after the pictures of the accused had been A pu…
Supreme Court of India27 Apr 2017Full text
2017 INSC 405 · [2017] 3 S.C.R. 901
Allowing the appeal, the Court F HELD: 1.1 It is a settled principle of law that the decree passed by a Court for or against a dead person is a "nullity". The impugned judgment is a nullity because it was passed by the High Court in favour of and also against the dead persons. [Paras 16, 22][906-A-B; 907-lI] G Kif-an S…
Supreme Court of India27 Apr 2017Full text
2017 INSC 403 · [2017] 3 S.C.R. 933
V. Prabhakar, Ms. Jyoti Prashar, N. J. Ram Chandar, Mrs .. Revathy Raghavan, Ad vs. for the Appellant. V. Ramasubramanian, A. Arolkia Raj, I. Calvin Jones, Advs. for D the Respondents. The following Order of the Court was delivered: ORDER 1. Only question raised in the present appeal is with respect to E the limitation…
Supreme Court of India26 Apr 2017Full text
2017 INSC 402 · [2017] 3 S.C.R. 282
. Allowing the appeals, the Court HELD: 1.1 Several civil suits with respect to refund of the earnest money and for specific performance of the agreement to F sale were filed by the respondent No.1 before reference was sought under Seetion 30 of the Land Acquisition Act, 1894. Once remedy in the form of civil suits had…
Supreme Court of India2 Jan 2017Full text
2017 INSC 4 · [2017] 1 S.C.R. 25
' .. ) 26 . SUPREME COURT REPORTS (2017] 1 S.C.R. A the High Court to initiate proceedings suo-motu or otherwise for the contempt of a superior Court like the Supreme Court of India. As a matter of fact, the Supreme Court under Article 129 and High Court under Article 215 of the Constitution are both declared to be Cou…
Supreme Court of India25 Apr 2017Full text
2017 INSC 396 · [2017] 3 S.C.R. 265
[2017] 3 S.C.R. 265 SRI SRINIVASAI \H A v. H. R. CHANNABASAPPA (SINCE DEAD) BY HIS LRS. AND ORS. (Civil Appeal Nos. 5576-5577 of2017) B APRIL 25, 2017 [R. K. AGRAWAL AND ABHAY MANOHAR SAPRE, JJ;I Transfer of Property Act, 1882 - s.58(c) - Nature of document - Mortgage by conditional sale or a sale out and out C with a …
Also on Law on Tips: Bare Acts · Legal news and analysis
ESSAR STEEL INDIA LTD. AND ANR. v. STATE OF GUJARAT 769 ANDANR. conclusion that conditions as enumerated in Section 3(2)(vii)(a) A are not fulfilled. [Paras 23, 30) [782-G-H; 787-C-E] 2. Claim under notification dated 27.02.1992 The notification dated 27.02.1992 was issued in exercise of power conferred by Section 3(3)…
Supreme Court of India10 Jan 2017Full text
2017 INSC 43 · [2017] 1 S.C.R. 397
Allowing the appeal, the Court HELD: It is not in dispute that in this ease, the prosecution while initiating the action against the appellant did not take D recourse to the procedure prescribed under Section 195 of the Code. It is for this reason, the action taken by the prosecution against the appellant insofar as it…
Supreme Court of India2 May 2017Full text
2017 INSC 428 · [2017] 3 S.C.R. 815
815 816 SUPREME COURT REPORTS [2017] 3 S.C.R. A respondent - High Courts order of acquittal is upheld - Constitution of India -Art.20(3) .:... Adverse inference - Evidence - Circumstantial evidence. · Dismissing the appeals, the Court HELD: 1. Whether compelling an accused to provide his B fingerprints or footprints et…
Supreme Court of India2 May 2017Full text
2017 INSC 427 · [2017] 3 S.C.R. 826
Allowing the( appeal, the Court G HELD: 1. Respondent No. 1, in her application for setting aside the sale, had mainly raised four objections. Firstly, clear 15 days' notice was not given for sale of the properties as required under the Rules. Secondly, the valuation of the property was not properly mentioned in the co…
Supreme Court of India1 May 2017Full text
2017 INSC 426 · [2017] 8 S.C.R. 1
SURAZ INDIA TRUST v. UNION OF INDIA 3 4. Extremely important matters are taken up for A consideration on a daily basis, and they lag behind sometimes, because individuals who were not competent to assist this Court, . insist without due cause, to be granted a prolonged.bearing. Hearing is sometimes sought (as in the in…
Supreme Court of India1 May 2017Full text
2017 INSC 421 · [2017] 3 S.C.R. 921
WITH C.A. Nos. 3787 and3786 of2017. D Shanti Bhushan, Sr. Adv., Jayant Bhushan, Ashok Kumar Singh, Kartik Seth, Santwanu Singh, Ad vs. for the Appellant. P. S. Patwalia, ASG, P. N. Mishra, Sr. Adv., C. D. Singh, Ms. Shivali Chaudhary, Avi Pandey, Amit Sharma, Dhurv Sheoron, E Ms. AlkaAggarwal, Raj Bahadur Yadav, Mukesh…
Supreme Court of India1 May 2017Full text
2017 INSC 419 · [2017] 3 S.C.R. 808
Allowing the appeal and remitting the matter to High Court, the Court F HELD: 1.1 The High Court though in the impugned order referred to the evidence of some witnesses but neither referred and nor appreciated much less discussed the entire evidence adduced by the prosecution of as many as 13 witnesses in proper perspe…
Supreme Court of India28 Apr 2017Full text
2017 INSC 417 · [2017] 3 S.C.R. 417
418 SUPREME COURT REPORTS [2017] 3 S.C.R. A Allowing the appeal, the Court HELD: 1.1 Since the appellant no.1-College is a constituent 'Of the appellant no. 2-University, the. question of compelling it to take affiliation from another University (Himachal Pradesh University) cannot be countenanced. The impugned judgmen…
Supreme Court of India28 Apr 2017Full text
2017 INSC 415 · [2017] 3 S.C.R. 458
[2017] 3 S.C.R. 458 A PAWAN KUMAR v. STATE OF H.P. (Criminal Appeal No, 775of2017) B APRIL 28, 2017 [DIPAK MISRA, A.M. KHANWILKAR AND MOHAN M. SHANTANAGOUDAR, JJ.I Penal Code, 1860: C s. 306 - Abetment of suicide - Conviction and sentence under - Correctness of - On facts, accused after acquittal in a cc.se u/ss. 363, …
Supreme Court of India28 Apr 2017Full text
2017 INSC 414 · [2017] 3 S.C.R. 401
[2017] 3 S.C.R. 401 GOHIL VISHVARAJ HANUBHAI & OTHERS A v. STATE OF GUJARAT & OTHERS (Civil Appeal Nos. 5680-83of2017) APRIL 28, 2017 B [J. CHELAMESWAR AND ABHAY MANOHAR SAPRE, JJ.) Administrative law - Administrative action - Judicial review - Power of - On facts, complaint of large scale malpractices in the entire ex…
Supreme Court of India27 Apr 2017Full text
2017 INSC 410 · [2017] 3 S.C.R. 335
336 SUPREME COURT REPORTS [2017] 3 S.C.R. A Mukul Rohatgi,AG,A. Mariarputham,AG, Sikkim, Maninder Singh, ASG, Nalin Kohli, D. K. Thakur, Sanchar Anand, Ms. Kiran Bala Sahay, AAGs, Shanti Bhushan, Vikas Singh, B. Prabakaran, Sr. Advs., Prashant Bhushan, Kartiketh, Rohit Kumar Singh, Ms. Sushrna Suri, Abhay Nevagi, Krish…
Supreme Court of India27 Apr 2017Full text
2017 INSC 409 · [2017] 3 S.C.R. 374
F Allowing the appeal, the Court HELD: 1.1 The powers of the court to proceed und-er Section 319 Cr.P.C. even against those persons who are not ~rraigned as accused, cannot be disputed. This provision is meant to achieve the objective that real culprit should not get away - ' G _unpunished. Section 3.19 Cr.P.C., which …
Supreme Court of India27 Apr 2017Full text
2017 INSC 408 · [2017] 3 S.C.R. 291
[2017] 3 S.C.R. 291 COMMON CAUSE : A REGISTERED SOCIETY A v. UNION OF INDIA (Writ Petition (Civil) No. 245of2014) B APRIL 27, 2017 [RANJAN GOGOi AND NAVIN SINHA, JJ.] Lokpal and Lokayuktas Act, 2013 - ss.4(2) and 4(J)(e) -Search Committee (Constitution, Terms and Conditions of Appointment of Members and the Manner of S…
Supreme Court of India27 Apr 2017Full text
2017 INSC 406 · [2017] 3 S.C.R. 312
Evidence: Test identification parade - Reliability of - When accused already seen through newspaper and prosecution witness never calledfor identification of the accused - Held: Test identification H 312 SEEN! NAINAR MOHAMMED v. STATE REP. BY DSP 313 parade was a farce as after the pictures of the accused had been A pu…
Supreme Court of India27 Apr 2017Full text
2017 INSC 405 · [2017] 3 S.C.R. 901
Allowing the appeal, the Court F HELD: 1.1 It is a settled principle of law that the decree passed by a Court for or against a dead person is a "nullity". The impugned judgment is a nullity because it was passed by the High Court in favour of and also against the dead persons. [Paras 16, 22][906-A-B; 907-lI] G Kif-an S…
Supreme Court of India27 Apr 2017Full text
2017 INSC 403 · [2017] 3 S.C.R. 933
V. Prabhakar, Ms. Jyoti Prashar, N. J. Ram Chandar, Mrs .. Revathy Raghavan, Ad vs. for the Appellant. V. Ramasubramanian, A. Arolkia Raj, I. Calvin Jones, Advs. for D the Respondents. The following Order of the Court was delivered: ORDER 1. Only question raised in the present appeal is with respect to E the limitation…
Supreme Court of India26 Apr 2017Full text
2017 INSC 402 · [2017] 3 S.C.R. 282
. Allowing the appeals, the Court HELD: 1.1 Several civil suits with respect to refund of the earnest money and for specific performance of the agreement to F sale were filed by the respondent No.1 before reference was sought under Seetion 30 of the Land Acquisition Act, 1894. Once remedy in the form of civil suits had…
Supreme Court of India2 Jan 2017Full text
2017 INSC 4 · [2017] 1 S.C.R. 25
' .. ) 26 . SUPREME COURT REPORTS (2017] 1 S.C.R. A the High Court to initiate proceedings suo-motu or otherwise for the contempt of a superior Court like the Supreme Court of India. As a matter of fact, the Supreme Court under Article 129 and High Court under Article 215 of the Constitution are both declared to be Cou…
Supreme Court of India25 Apr 2017Full text
2017 INSC 396 · [2017] 3 S.C.R. 265
[2017] 3 S.C.R. 265 SRI SRINIVASAI \H A v. H. R. CHANNABASAPPA (SINCE DEAD) BY HIS LRS. AND ORS. (Civil Appeal Nos. 5576-5577 of2017) B APRIL 25, 2017 [R. K. AGRAWAL AND ABHAY MANOHAR SAPRE, JJ;I Transfer of Property Act, 1882 - s.58(c) - Nature of document - Mortgage by conditional sale or a sale out and out C with a …
Also on Law on Tips: Bare Acts · Legal news and analysis