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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.
2,361–2,380 · Page 119 of 382
Supreme Court of India25 Apr 2017Full text
2017 INSC 395 · [2017] 3 S.C.R. 251
Criminal jurisprudence - Medical evidence - Significance of - Held: ls onzv corroborative - /1 proves thul the injuries could F have been caused in the manner alleged and nothing more - Defence can make use of the medical evidence to prove that the injuries could not possibly have been caused in !he manner alleged and …
Supreme Court of India25 Apr 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.
2,361–2,380 · Page 119 of 382
Supreme Court of India25 Apr 2017Full text
2017 INSC 395 · [2017] 3 S.C.R. 251
Criminal jurisprudence - Medical evidence - Significance of - Held: ls onzv corroborative - /1 proves thul the injuries could F have been caused in the manner alleged and nothing more - Defence can make use of the medical evidence to prove that the injuries could not possibly have been caused in !he manner alleged and …
Supreme Court of India25 Apr 2017Full text
2017 INSC 393 · [2017] 3 S.C.R. 387
[2017] 3 S.C.R. 387 BAPUSAHEB CHIMASAHEB NAIK-NIMBALKAR (DEAD A THROUGH LRS.) & ANR. v. MAHESH VIJAYSINHA RAJEBHOSALE & ORS. (Civi!Appea!No. 3110of2012) B APRIL25, 2017 (ARUN MISHRA AND S. ABDUL NAZEER, JJ.] . Limitation Act, 1963 -Art. 65 Explanation (b) -Applicability-Held: Art. 65 Explanation (b) is not applicable t…
Supreme Court of India24 Apr 2017Full text
2017 INSC 392 · [2017] 6 S.C.R. 881
D Allowing the appeal, the Court HELD: 1. The facts and the record of the present case indicate that the Temple tragedy and the murder of a dalit girl were not the flash points necessitating the transfer of the appellant. The reason for his transfer was his conduct post the E Temple tragedy in not taking action against…
Supreme Court of India24 Apr 2017Full text
2017 INSC 390 · [2017] 3 S.C.R. 259
Allowing the appeal, the Court F HELD: 1.1 Section 113A of the Evidence Act requires three ingredients to be satisfied before it can be applied i.e., (i) that a woman has committed suicide, (ii) such suicide has been committed within a period of seven years from the date of her marriage and (iii) the husband or his rel…
Supreme Court of India24 Apr 2017Full text
2017 INSC 389 · [2017] 2 S.C.R. 152
1.2 The Buddh International Circuit is a fixed place. From E this circ.uit different races, including the Grand Prix is conducted, which is undoubtedly an economic/business activity. The manner in which commercial rights, which are held by FOWC and its affiliates, have been exploited, the entire arrangement between FOW…
Supreme Court of India24 Apr 2017Full text
2017 INSC 388 · [2017] 5 S.C.R. 406
[2017] 5 S.C.R. 406 A Devika Gujral Matters disposed of. MIS. MANGALAM ORGANICS LTD. v. UNION OF INDIA B (Civil Appeal No. 1338 of2017) APRIL 24, 2017 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.) Central Excise Act, 1944: c s.11 C - Central Government empowered to issue notification to the effect that in view of a prevalent pr…
Supreme Court of India24 Apr 2017Full text
2017 INSC 386 · [2017] 3 S.C.R. 555
G Allowing the appeal, the Court HELD: I. Once. the first Appellate Court allowed the application under Order 41 Rule 27 of CPC and took on record the additional evidence, it rightly set aside the judgment/decree of the Trial Court giving liberty to the parties to lead additional · H 555 . 556 SUPREME COURT REPORTS [20…
Supreme Court of India24 Apr 2017Full text
2017 INSC 385 · [2017] 4 S.C.R. 385
Gaurav Agrawal, S. K. Verma, Advs. for the Appellant. Ms. Vibha Datta Makhija, Sr. Adv., Akshat Shrivastava, Ms. Disha, Advs. for the Respondent. The Judgment of the Court was delivered by G DEEPAK GUPTA, J. I. Parties to the appeal got married in 1989 according to Hindu rites. Out of this wedlock a son was born in the…
Supreme Court of India21 Apr 2017Full text
2017 INSC 378 · [2017] 5 S.C.R. 508
2. The need to remand the case to the writ Court has occasioned due to the following reasons as detailed herein: 2.1 First, since the appellants herein were not parties to H the original writ petition but became parties in appeal for the 508 HILL VIEW COLONY & ORS. v. STATE OF NAGALAND & 509 ORS. first time, the writ .…
Supreme Court of India21 Apr 2017Full text
2017 INSC 377 · [2017] 5 S.C.R. 76
[2017) 5 S.C.R. 76 A KANAKARAJAN @ KANAKAN v. STATE OF KERALA (Criminal Appeal No. 841 of2007) B APRIL 21, 2017 [N. V. RAMANA AND PRAFULLA C. PANT, JJ.] Penal Code, 1860 - ss.143, 147, 148, 342 and 302 - Murder - Infirmities in prosecution case - Benefit of reasonable doubt -Acquittal of accused - Case of prosecution w…
Supreme Court of India21 Apr 2017Full text
2017 INSC 376 · [2017] 5 S.C.R. 468
- On appeal, held: Both writ Court and the Appellate Court did not even set out the factual controversy nor dealt with the submissions urged by the appellant nor examined the issues in the context of relevant provisions of the Act, which governed the controversy -D Therefore, issues cannot be examined in proper perspec…
Supreme Court of India21 Apr 2017Full text
2017 INSC 375 · [2017] 6 S.C.R. 646
[2017] 6 S.C.R. 646 A FAZARALI & ORS· y STATE OF ASSAM (Criminal Appeal No. l 062 of 2007) B APRIL21,2017 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.J Penal Code, 1860 - s.302 rlw s.149 - Murder - Prosecution case that the accused persons armed with various weapons attacked c complainant, his father, brother and mother-in-law …
Supreme Court of India20 Apr 2017Full text
2017 INSC 374 · [2017] 4 S.C.R. 503
503 504 SUPREME COURT REPORTS [2017] 4 S.C.R. A When the seriousness of the offence is such mere fact that he was in jail for however long time should not be the concern of the Courts. There was a casual approach while granting bail in a case which has the effect of undermining the trust of people in the integrity of t…
Supreme Court of India19 Apr 2017Full text
2017 INSC 370 · [2017] 3 S.C.R. 356
Partly allowing the appeal, the Court HELD: 1. Section 25 of the Hindu Marriage Act, 1955 G confers power upon the court to grant a permanent alimony to either spouse who claims the same by making an application. Sub-section (2) of Section 25 of Hindu Marriage Act comfers ample power on the Court to vary, modify or dis…
Supreme Court of India19 Apr 2017Full text
2017 INSC 369 · [2017] 4 S.C.R. 744
B K. S. Mahadevan, Krishna Kumar R. S., Rajesh Kuma:, Advs. for the Appellant. Mohit Chaudhary, Ms. Puja Sharma, Kuna! Sachdeva, ImranAli, Advs. for the Respondents. c The Judgment of the Court was delivered by R. F. NARIMAN, J. 1. Leave granted. 2. The present appeals raise an interesting question as to whether, when …
Supreme Court of India19 Apr 2017Full text
2017 INSC 368 · [2017] 3 S.C.R. 363
and delegate its authority to a third person, however great. If the report of an expert is slipshod, inadequate or cryptic, and information on similarities B or dissimilarities is not available in the report of an expert then his opinion is of no value. Such opinions are often of no use to the court and often lead to t…
Supreme Court of India19 Apr 2017Full text
2017 INSC 367 · [2017] 6 S.C.R. 946
STATE (THROUGH) CBI v. SHRI KALYAN SINGH (FORMER 947 CM OF UP) & ORS. course in present case would be to transfer the proceedings (.'>econd A FIR) going on at Rae Bareilly to the Sessions Court at Lucknow so that joint trial could proceed. Code of Criminal Procedure, 197 3 - 'Bahri Masjid' demolition case - Dropping of…
Supreme Court of India19 Apr 2017Full text
2017 INSC 366 · [2017] 5 S.C.R. 294
- The Board did not exercise jurisdiction u/s.27 of 1954 Act and s.40 of 1995 Act, though 50 years elapsed from the date of the gazette notification - The suit is manifestly meritless and vexatious - So also the suit is barred by law - Wakf Tribunal was right in allowing application u/Or.VII, r.11 - Wakf Act, 1954 - ss…
Supreme Court of India19 Apr 2017Full text
2017 INSC 365 · [2017] 5 S.C.R. 367
[2017) 5 S.C.R. 367 BALAKRAM A V. STATE OF UTTARAKHAND & ORS . . (Criminal Appeal No. 694 of2017) B APRIL 19, 2017 [DIPAK MISRA, A. M. KHANWILKAR AND MOHAN M. SHANTANAGOUDAR, JJ.] Code of Criminal Procedure, 1973 - s.172 -: Application filed by accused to file copies of police diary after completion of examination-in-c…
Supreme Court of India18 Apr 2017Full text
2017 INSC 363 · [2017] 4 S.C.R. 952
G Evidence - Witness :... Child witness - Reliability of - Held: The sequence of events as narrated by the child witness were fully proved by the incident which happened at Dausa, Rajasthan i.e. his recovery along with accused - His evidence was corroborated by other prosecution witnesses - Further, in his cross-examin…
Also on Law on Tips: Bare Acts · Legal news and analysis
2017 INSC 393 · [2017] 3 S.C.R. 387
[2017] 3 S.C.R. 387 BAPUSAHEB CHIMASAHEB NAIK-NIMBALKAR (DEAD A THROUGH LRS.) & ANR. v. MAHESH VIJAYSINHA RAJEBHOSALE & ORS. (Civi!Appea!No. 3110of2012) B APRIL25, 2017 (ARUN MISHRA AND S. ABDUL NAZEER, JJ.] . Limitation Act, 1963 -Art. 65 Explanation (b) -Applicability-Held: Art. 65 Explanation (b) is not applicable t…
Supreme Court of India24 Apr 2017Full text
2017 INSC 392 · [2017] 6 S.C.R. 881
D Allowing the appeal, the Court HELD: 1. The facts and the record of the present case indicate that the Temple tragedy and the murder of a dalit girl were not the flash points necessitating the transfer of the appellant. The reason for his transfer was his conduct post the E Temple tragedy in not taking action against…
Supreme Court of India24 Apr 2017Full text
2017 INSC 390 · [2017] 3 S.C.R. 259
Allowing the appeal, the Court F HELD: 1.1 Section 113A of the Evidence Act requires three ingredients to be satisfied before it can be applied i.e., (i) that a woman has committed suicide, (ii) such suicide has been committed within a period of seven years from the date of her marriage and (iii) the husband or his rel…
Supreme Court of India24 Apr 2017Full text
2017 INSC 389 · [2017] 2 S.C.R. 152
1.2 The Buddh International Circuit is a fixed place. From E this circ.uit different races, including the Grand Prix is conducted, which is undoubtedly an economic/business activity. The manner in which commercial rights, which are held by FOWC and its affiliates, have been exploited, the entire arrangement between FOW…
Supreme Court of India24 Apr 2017Full text
2017 INSC 388 · [2017] 5 S.C.R. 406
[2017] 5 S.C.R. 406 A Devika Gujral Matters disposed of. MIS. MANGALAM ORGANICS LTD. v. UNION OF INDIA B (Civil Appeal No. 1338 of2017) APRIL 24, 2017 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.) Central Excise Act, 1944: c s.11 C - Central Government empowered to issue notification to the effect that in view of a prevalent pr…
Supreme Court of India24 Apr 2017Full text
2017 INSC 386 · [2017] 3 S.C.R. 555
G Allowing the appeal, the Court HELD: I. Once. the first Appellate Court allowed the application under Order 41 Rule 27 of CPC and took on record the additional evidence, it rightly set aside the judgment/decree of the Trial Court giving liberty to the parties to lead additional · H 555 . 556 SUPREME COURT REPORTS [20…
Supreme Court of India24 Apr 2017Full text
2017 INSC 385 · [2017] 4 S.C.R. 385
Gaurav Agrawal, S. K. Verma, Advs. for the Appellant. Ms. Vibha Datta Makhija, Sr. Adv., Akshat Shrivastava, Ms. Disha, Advs. for the Respondent. The Judgment of the Court was delivered by G DEEPAK GUPTA, J. I. Parties to the appeal got married in 1989 according to Hindu rites. Out of this wedlock a son was born in the…
Supreme Court of India21 Apr 2017Full text
2017 INSC 378 · [2017] 5 S.C.R. 508
2. The need to remand the case to the writ Court has occasioned due to the following reasons as detailed herein: 2.1 First, since the appellants herein were not parties to H the original writ petition but became parties in appeal for the 508 HILL VIEW COLONY & ORS. v. STATE OF NAGALAND & 509 ORS. first time, the writ .…
Supreme Court of India21 Apr 2017Full text
2017 INSC 377 · [2017] 5 S.C.R. 76
[2017) 5 S.C.R. 76 A KANAKARAJAN @ KANAKAN v. STATE OF KERALA (Criminal Appeal No. 841 of2007) B APRIL 21, 2017 [N. V. RAMANA AND PRAFULLA C. PANT, JJ.] Penal Code, 1860 - ss.143, 147, 148, 342 and 302 - Murder - Infirmities in prosecution case - Benefit of reasonable doubt -Acquittal of accused - Case of prosecution w…
Supreme Court of India21 Apr 2017Full text
2017 INSC 376 · [2017] 5 S.C.R. 468
- On appeal, held: Both writ Court and the Appellate Court did not even set out the factual controversy nor dealt with the submissions urged by the appellant nor examined the issues in the context of relevant provisions of the Act, which governed the controversy -D Therefore, issues cannot be examined in proper perspec…
Supreme Court of India21 Apr 2017Full text
2017 INSC 375 · [2017] 6 S.C.R. 646
[2017] 6 S.C.R. 646 A FAZARALI & ORS· y STATE OF ASSAM (Criminal Appeal No. l 062 of 2007) B APRIL21,2017 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.J Penal Code, 1860 - s.302 rlw s.149 - Murder - Prosecution case that the accused persons armed with various weapons attacked c complainant, his father, brother and mother-in-law …
Supreme Court of India20 Apr 2017Full text
2017 INSC 374 · [2017] 4 S.C.R. 503
503 504 SUPREME COURT REPORTS [2017] 4 S.C.R. A When the seriousness of the offence is such mere fact that he was in jail for however long time should not be the concern of the Courts. There was a casual approach while granting bail in a case which has the effect of undermining the trust of people in the integrity of t…
Supreme Court of India19 Apr 2017Full text
2017 INSC 370 · [2017] 3 S.C.R. 356
Partly allowing the appeal, the Court HELD: 1. Section 25 of the Hindu Marriage Act, 1955 G confers power upon the court to grant a permanent alimony to either spouse who claims the same by making an application. Sub-section (2) of Section 25 of Hindu Marriage Act comfers ample power on the Court to vary, modify or dis…
Supreme Court of India19 Apr 2017Full text
2017 INSC 369 · [2017] 4 S.C.R. 744
B K. S. Mahadevan, Krishna Kumar R. S., Rajesh Kuma:, Advs. for the Appellant. Mohit Chaudhary, Ms. Puja Sharma, Kuna! Sachdeva, ImranAli, Advs. for the Respondents. c The Judgment of the Court was delivered by R. F. NARIMAN, J. 1. Leave granted. 2. The present appeals raise an interesting question as to whether, when …
Supreme Court of India19 Apr 2017Full text
2017 INSC 368 · [2017] 3 S.C.R. 363
and delegate its authority to a third person, however great. If the report of an expert is slipshod, inadequate or cryptic, and information on similarities B or dissimilarities is not available in the report of an expert then his opinion is of no value. Such opinions are often of no use to the court and often lead to t…
Supreme Court of India19 Apr 2017Full text
2017 INSC 367 · [2017] 6 S.C.R. 946
STATE (THROUGH) CBI v. SHRI KALYAN SINGH (FORMER 947 CM OF UP) & ORS. course in present case would be to transfer the proceedings (.'>econd A FIR) going on at Rae Bareilly to the Sessions Court at Lucknow so that joint trial could proceed. Code of Criminal Procedure, 197 3 - 'Bahri Masjid' demolition case - Dropping of…
Supreme Court of India19 Apr 2017Full text
2017 INSC 366 · [2017] 5 S.C.R. 294
- The Board did not exercise jurisdiction u/s.27 of 1954 Act and s.40 of 1995 Act, though 50 years elapsed from the date of the gazette notification - The suit is manifestly meritless and vexatious - So also the suit is barred by law - Wakf Tribunal was right in allowing application u/Or.VII, r.11 - Wakf Act, 1954 - ss…
Supreme Court of India19 Apr 2017Full text
2017 INSC 365 · [2017] 5 S.C.R. 367
[2017) 5 S.C.R. 367 BALAKRAM A V. STATE OF UTTARAKHAND & ORS . . (Criminal Appeal No. 694 of2017) B APRIL 19, 2017 [DIPAK MISRA, A. M. KHANWILKAR AND MOHAN M. SHANTANAGOUDAR, JJ.] Code of Criminal Procedure, 1973 - s.172 -: Application filed by accused to file copies of police diary after completion of examination-in-c…
Supreme Court of India18 Apr 2017Full text
2017 INSC 363 · [2017] 4 S.C.R. 952
G Evidence - Witness :... Child witness - Reliability of - Held: The sequence of events as narrated by the child witness were fully proved by the incident which happened at Dausa, Rajasthan i.e. his recovery along with accused - His evidence was corroborated by other prosecution witnesses - Further, in his cross-examin…
Also on Law on Tips: Bare Acts · Legal news and analysis