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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.
221–240 · Page 12 of 382
Supreme Court of India23 Aug 2019Full text
2019 INSC 949 · [2019] 11 S.C.R. 210
C Disposing of the appeals, the Court HELD: 1.1 To prove the alleged offence under Section 336, essential elements are, the act, done rashly and negligently, to endanger human life or personal safety. To prove the guilt of the accused under Section 338, in addition to the elements under D Section 336, an additional con…
Supreme Court of India23 Aug 2019Full text
2019 INSC 948 · [2019] 11 S.C.R. 207
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.
221–240 · Page 12 of 382
Supreme Court of India23 Aug 2019Full text
2019 INSC 949 · [2019] 11 S.C.R. 210
C Disposing of the appeals, the Court HELD: 1.1 To prove the alleged offence under Section 336, essential elements are, the act, done rashly and negligently, to endanger human life or personal safety. To prove the guilt of the accused under Section 338, in addition to the elements under D Section 336, an additional con…
Supreme Court of India23 Aug 2019Full text
2019 INSC 948 · [2019] 11 S.C.R. 207
H 207 208 SUPREME COURT REPORTS [2019] 11 S.C.R. A Lt. Col. K. Ramesh, Vibhuti Sushant Gupta, Archana R., Himanshu Kalra, Ram Naresh Yadav, Advs. for the Respondent. The Judgment of the Court was delivered by HEMANT GUPTA, J. B 1. The challenge in the present appeals is to an order passed by the Armed Forces Tribunal1 …
Supreme Court of India22 Aug 2019Full text
2019 INSC 947 · [2019] 11 S.C.R. 170
170 UNION OF INDIA v. BGP PRODUCTS OPERATIONS GMBH AND HAGENE 171 IMMERMATT WEG. exercise the power to prohibit the manufacture of the drug by the A private sector companies for domestic use, under s.26-A of the Act; Whether the object of curbing the clandestine manufacture and unregulated use of the drug Oxytocin, whi…
Supreme Court of India22 Aug 2019Full text
2019 INSC 946 · [2019] 12 S.C.R. 980
980 SUPREME COURT[2019] 12REPORTSS.C.R. 980 [2019] 12 S.C.R. A AIR INDIA EXPRESS LIMITED AND ORS. v. CAPT. GURDARSHAN KAUR SANDHU (Civil Appeal No.6567 of 2019) B AUGUST 22, 2019 [UDAY UMESH LALIT AND VINEET SARAN, JJ.] Service Law – Withdrawal of Resignation – Respondent was working as a pilot in the appellant-Company…
Supreme Court of India22 Aug 2019Full text
2019 INSC 945 · [2019] 12 S.C.R. 924
Respondent-Company was processing cotton and non-cotton seeds of different varieties in its unit – According to respondent, all such processed seeds were stored in the storage/godown attached to the processing unit for transportation to different places – Case of the appellant was that the respondent not having a valid…
Supreme Court of India22 Aug 2019Full text
2019 INSC 944 · [2019] 12 S.C.R. 946
946 SUPREME COURT[2019] REPORTS12 S.C.R. 946 [2019] 12 S.C.R. A SMT. CHINTAMBARAMMA & ANR. v. STATE OF KARNATAKA (Criminal Appeal No.1258 of 2019) B AUGUST 22, 2019 [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Penal Code, 1860 – s.302 r/w s.34 – Case based on circumstantial evidence – Marriage of ‘S’ was solemnised with on…
Supreme Court of India22 Aug 2019Full text
2019 INSC 943 · [2019] 11 S.C.R. 159
candidates to apply for the post in terms of applicable rules – Post of Town Planning Inspector can be filled up either by way of promotion or by direct recruitment – Respondent is not in the feeder cadre for appointment to the post of Town Planning Inspector – In the absence thereof, the High Court committed illegalit…
Supreme Court of India21 Aug 2019Full text
2019 INSC 941 · [2019] 11 S.C.R. 405
which the respondent was detained – The order of detention was referred to the Advisory Board – Advisory Board gave opinion in its report that there was no sufficient cause for the continued detention of the respondent detenue u/s. 3(1) of the COFEPOSA – Aggrieved, petitioner-Union of India filed Special Leave to Appea…
Supreme Court of India21 Aug 2019Full text
2019 INSC 940 · [2019] 11 S.C.R. 495
– Thus, the order of the High Court does not suffer from any error. Dismissing the appeals, the Court HELD : 1.1 On a careful analysis, it emerges that none of G the conditions stipulated in Rule 10(a)(ii) of the Kerela State and Subordinate Services Rules, 1958 have been fulfilled. The first situation contemplated by …
Supreme Court of India25 Jan 2019Full text
2019 INSC 94 · [2019] 2 S.C.R. 409
Rules is that minimum qualifying marks were required for written examination and no minimum qualifying marks were required for interview, however, consolidated qualifying marks were required for written examination and interview, which was 40% for general candidates and 35% for SC/ST/OBC candidates – In instant case, H…
Supreme Court of India21 Aug 2019Full text
2019 INSC 938 · [2019] 11 S.C.R. 444
list and to treat them as appointed in 2014-15 – The Division Bench of the High Court held that the claim for seniority with reference to the date of the accrual of the vacancy will not be maintainable merely on the ground that no competitive examination was held in the years in which the vacancies arose – On appeal, h…
Supreme Court of India21 Aug 2019Full text
2019 INSC 937 · [2019] 12 S.C.R. 881
deemed confirmation of service merely because the services of a probationer are continued beyond the period of probation – It is only upon the issuance of an order of confirmation that the probationer is granted substantive appointment in that post – R.105(2) stipulates the satisfaction of the appointing authority as a…
Supreme Court of India21 Aug 2019Full text
2019 INSC 936 · [2019] 12 S.C.R. 957
[2019] 12 S.C.R. 957 957 DR. P. S. MALIK A v. HIGH COURT OF DELHI & ANR. (Writ Petition (Civil) No.705 of 2018) AUGUST 21, 2019 B [ASHOK BHUSHAN AND NAVIN SINHA, JJ.] Constitution of India – Arts.233 and 235 – Petitioner was working as Additional District Judge at Dwarka, New Delhi –Written complaints submitted against…
Supreme Court of India21 Aug 2019Full text
2019 INSC 935 · [2019] 11 S.C.R. 385
[2019] 11 S.C.R. 385 385 WEST BENGAL STATE ELECTRICITY DISTRIBUTION A COMPANY LTD. & ORS. v. M/S. ORION METAL PVT. LTD. & ANR. (Civil Appeal No. 6547 of 2019) B AUGUST 21, 2019 [R. BANUMATHI AND R. SUBHASH REDDY, JJ.] Electricity Act, 2003: Object and reasons of enactment – Discussed. C Electricity Act, 2003: s.126(6)(…
Supreme Court of India21 Aug 2019Full text
2019 INSC 934 · [2019] 11 S.C.R. 483
not be paid back wages for the period he did not render services – On appeal, held: If the employer wants to deny back wages to the employee or contest his entitlement to get consequential benefits, then it is for him/her to specifically plead and prove that during the intervening period the employee was gainfully empl…
Supreme Court of India21 Aug 2019Full text
2019 INSC 933 · [2019] 14 S.C.R. 859
or interest may have survived with Gones, was lost, as Gones did not at any point of time challenge the allotment of property to Shantibai which allotment in the Inventory Proceedings and recording/ registration of rights in her favour has attained finality for want of challenge – On appeal, held: By virtue of sale dee…
Supreme Court of India21 Aug 2019Full text
2019 INSC 932 · [2019] 11 S.C.R. 370
not sustainable and is set aside – Respondent is convicted under s.138 in both the complaints. Negotiable Instruments Act, 1881: ss.138, 139 – Presumption in favour of holder – Held: Under s.138, once the cheque is issued by the drawer, a presumption under s.139 in favour of the holder Ewould be attracted – s.139 creat…
Supreme Court of India16 Aug 2019Full text
2019 INSC 931 · [2019] 11 S.C.R. 363
dismissed as abated. [Paras 12-13] [369-B-F] CRIMINAL APPELLATE JURISDICT…
Supreme Court of India7 Aug 2019Full text
2019 INSC 930 · [2019] 11 S.C.R. 74
74 SUPREME[2019]COURT[2019]11 S.C.R.REPORTS11 S.C.R.1 74 [2019] 11 S.C.R. A RAVINDER KAUR GREWAL & ORS. v. MANJIT KAUR & ORS. (Civil Appeal No. 7764 of 2014) B AUGUST 07, 2019 [ARUN MISHRA, S. ABDUL NAZEER AND M. R. SHAH, JJ.] Limitation Act, 1963 – Art.65 – Suit under, for declaration of title – If can be filed by per…
Supreme Court of India21 Aug 2019Full text
2019 INSC 929 · [2019] 11 S.C.R. 278
– On appeal, held: The provision of the Act in no manner save the D quasi-judicial order – Moreso, when it had the effect of continuing prohibition regarding the import of goods otherwise made free and could be imported under the 1992 Act – Any other interpretation would result in validating the quasi judicial order is…
Also on Law on Tips: Bare Acts · Legal news and analysis
H 207 208 SUPREME COURT REPORTS [2019] 11 S.C.R. A Lt. Col. K. Ramesh, Vibhuti Sushant Gupta, Archana R., Himanshu Kalra, Ram Naresh Yadav, Advs. for the Respondent. The Judgment of the Court was delivered by HEMANT GUPTA, J. B 1. The challenge in the present appeals is to an order passed by the Armed Forces Tribunal1 …
Supreme Court of India22 Aug 2019Full text
2019 INSC 947 · [2019] 11 S.C.R. 170
170 UNION OF INDIA v. BGP PRODUCTS OPERATIONS GMBH AND HAGENE 171 IMMERMATT WEG. exercise the power to prohibit the manufacture of the drug by the A private sector companies for domestic use, under s.26-A of the Act; Whether the object of curbing the clandestine manufacture and unregulated use of the drug Oxytocin, whi…
Supreme Court of India22 Aug 2019Full text
2019 INSC 946 · [2019] 12 S.C.R. 980
980 SUPREME COURT[2019] 12REPORTSS.C.R. 980 [2019] 12 S.C.R. A AIR INDIA EXPRESS LIMITED AND ORS. v. CAPT. GURDARSHAN KAUR SANDHU (Civil Appeal No.6567 of 2019) B AUGUST 22, 2019 [UDAY UMESH LALIT AND VINEET SARAN, JJ.] Service Law – Withdrawal of Resignation – Respondent was working as a pilot in the appellant-Company…
Supreme Court of India22 Aug 2019Full text
2019 INSC 945 · [2019] 12 S.C.R. 924
Respondent-Company was processing cotton and non-cotton seeds of different varieties in its unit – According to respondent, all such processed seeds were stored in the storage/godown attached to the processing unit for transportation to different places – Case of the appellant was that the respondent not having a valid…
Supreme Court of India22 Aug 2019Full text
2019 INSC 944 · [2019] 12 S.C.R. 946
946 SUPREME COURT[2019] REPORTS12 S.C.R. 946 [2019] 12 S.C.R. A SMT. CHINTAMBARAMMA & ANR. v. STATE OF KARNATAKA (Criminal Appeal No.1258 of 2019) B AUGUST 22, 2019 [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Penal Code, 1860 – s.302 r/w s.34 – Case based on circumstantial evidence – Marriage of ‘S’ was solemnised with on…
Supreme Court of India22 Aug 2019Full text
2019 INSC 943 · [2019] 11 S.C.R. 159
candidates to apply for the post in terms of applicable rules – Post of Town Planning Inspector can be filled up either by way of promotion or by direct recruitment – Respondent is not in the feeder cadre for appointment to the post of Town Planning Inspector – In the absence thereof, the High Court committed illegalit…
Supreme Court of India21 Aug 2019Full text
2019 INSC 941 · [2019] 11 S.C.R. 405
which the respondent was detained – The order of detention was referred to the Advisory Board – Advisory Board gave opinion in its report that there was no sufficient cause for the continued detention of the respondent detenue u/s. 3(1) of the COFEPOSA – Aggrieved, petitioner-Union of India filed Special Leave to Appea…
Supreme Court of India21 Aug 2019Full text
2019 INSC 940 · [2019] 11 S.C.R. 495
– Thus, the order of the High Court does not suffer from any error. Dismissing the appeals, the Court HELD : 1.1 On a careful analysis, it emerges that none of G the conditions stipulated in Rule 10(a)(ii) of the Kerela State and Subordinate Services Rules, 1958 have been fulfilled. The first situation contemplated by …
Supreme Court of India25 Jan 2019Full text
2019 INSC 94 · [2019] 2 S.C.R. 409
Rules is that minimum qualifying marks were required for written examination and no minimum qualifying marks were required for interview, however, consolidated qualifying marks were required for written examination and interview, which was 40% for general candidates and 35% for SC/ST/OBC candidates – In instant case, H…
Supreme Court of India21 Aug 2019Full text
2019 INSC 938 · [2019] 11 S.C.R. 444
list and to treat them as appointed in 2014-15 – The Division Bench of the High Court held that the claim for seniority with reference to the date of the accrual of the vacancy will not be maintainable merely on the ground that no competitive examination was held in the years in which the vacancies arose – On appeal, h…
Supreme Court of India21 Aug 2019Full text
2019 INSC 937 · [2019] 12 S.C.R. 881
deemed confirmation of service merely because the services of a probationer are continued beyond the period of probation – It is only upon the issuance of an order of confirmation that the probationer is granted substantive appointment in that post – R.105(2) stipulates the satisfaction of the appointing authority as a…
Supreme Court of India21 Aug 2019Full text
2019 INSC 936 · [2019] 12 S.C.R. 957
[2019] 12 S.C.R. 957 957 DR. P. S. MALIK A v. HIGH COURT OF DELHI & ANR. (Writ Petition (Civil) No.705 of 2018) AUGUST 21, 2019 B [ASHOK BHUSHAN AND NAVIN SINHA, JJ.] Constitution of India – Arts.233 and 235 – Petitioner was working as Additional District Judge at Dwarka, New Delhi –Written complaints submitted against…
Supreme Court of India21 Aug 2019Full text
2019 INSC 935 · [2019] 11 S.C.R. 385
[2019] 11 S.C.R. 385 385 WEST BENGAL STATE ELECTRICITY DISTRIBUTION A COMPANY LTD. & ORS. v. M/S. ORION METAL PVT. LTD. & ANR. (Civil Appeal No. 6547 of 2019) B AUGUST 21, 2019 [R. BANUMATHI AND R. SUBHASH REDDY, JJ.] Electricity Act, 2003: Object and reasons of enactment – Discussed. C Electricity Act, 2003: s.126(6)(…
Supreme Court of India21 Aug 2019Full text
2019 INSC 934 · [2019] 11 S.C.R. 483
not be paid back wages for the period he did not render services – On appeal, held: If the employer wants to deny back wages to the employee or contest his entitlement to get consequential benefits, then it is for him/her to specifically plead and prove that during the intervening period the employee was gainfully empl…
Supreme Court of India21 Aug 2019Full text
2019 INSC 933 · [2019] 14 S.C.R. 859
or interest may have survived with Gones, was lost, as Gones did not at any point of time challenge the allotment of property to Shantibai which allotment in the Inventory Proceedings and recording/ registration of rights in her favour has attained finality for want of challenge – On appeal, held: By virtue of sale dee…
Supreme Court of India21 Aug 2019Full text
2019 INSC 932 · [2019] 11 S.C.R. 370
not sustainable and is set aside – Respondent is convicted under s.138 in both the complaints. Negotiable Instruments Act, 1881: ss.138, 139 – Presumption in favour of holder – Held: Under s.138, once the cheque is issued by the drawer, a presumption under s.139 in favour of the holder Ewould be attracted – s.139 creat…
Supreme Court of India16 Aug 2019Full text
2019 INSC 931 · [2019] 11 S.C.R. 363
dismissed as abated. [Paras 12-13] [369-B-F] CRIMINAL APPELLATE JURISDICT…
Supreme Court of India7 Aug 2019Full text
2019 INSC 930 · [2019] 11 S.C.R. 74
74 SUPREME[2019]COURT[2019]11 S.C.R.REPORTS11 S.C.R.1 74 [2019] 11 S.C.R. A RAVINDER KAUR GREWAL & ORS. v. MANJIT KAUR & ORS. (Civil Appeal No. 7764 of 2014) B AUGUST 07, 2019 [ARUN MISHRA, S. ABDUL NAZEER AND M. R. SHAH, JJ.] Limitation Act, 1963 – Art.65 – Suit under, for declaration of title – If can be filed by per…
Supreme Court of India21 Aug 2019Full text
2019 INSC 929 · [2019] 11 S.C.R. 278
– On appeal, held: The provision of the Act in no manner save the D quasi-judicial order – Moreso, when it had the effect of continuing prohibition regarding the import of goods otherwise made free and could be imported under the 1992 Act – Any other interpretation would result in validating the quasi judicial order is…
Also on Law on Tips: Bare Acts · Legal news and analysis