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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.
2,381–2,400 · Page 120 of 382
Supreme Court of India18 Apr 2017Full text
2017 INSC 361 · [2017] 6 S.C.R. 673
s.21 - Deletion of. by 1972 amendment - Effect of - Held: The power to decide eviction cases under the Act was earlier vested with Labour Commissioner uls.21 - However. the deletion of said section resulted in restoring the power to try eviction suit by Civil G Courts in terms of s.9, CPC, 1908 - Code of Civil Procedur…
Supreme Court of India18 Apr 2017Full text
2017 INSC 360 · [2017] 4 S.C.R. 760
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.
2,381–2,400 · Page 120 of 382
Supreme Court of India18 Apr 2017Full text
2017 INSC 361 · [2017] 6 S.C.R. 673
s.21 - Deletion of. by 1972 amendment - Effect of - Held: The power to decide eviction cases under the Act was earlier vested with Labour Commissioner uls.21 - However. the deletion of said section resulted in restoring the power to try eviction suit by Civil G Courts in terms of s.9, CPC, 1908 - Code of Civil Procedur…
Supreme Court of India18 Apr 2017Full text
2017 INSC 360 · [2017] 4 S.C.R. 760
Adverse possession: Claim of-Against whom - Suit/or possession by plaintiffclaiming to be the owner - Defendant inter alia claimed possession on the basis of G adverse possession - However, denied the ownership ofplaintiff- Held: The person, who claims title over the property on the strength of adverse possession is re…
Supreme Court of India18 Apr 2017Full text
2017 INSC 359 · [2017] 3 S.C.R. 533
M. K. S. Menon, Ms. Shreya Menon, Ms. Usha Nandini V: (for Jogy Scaria), Advs. for the Appellants. K. Rajeev, Shinoj K. Narayanan, Ad vs. for the Respondents. H VELAYUDHAN & ORS. v. MOHAMMEDKUTTY & ORS. 535 The Judgment of the Court was delivered by A ABIIAY MANOUAR SAPRE, J. I. This appeal is filed by the defendants a…
Supreme Court of India18 Apr 2017Full text
2017 INSC 358 · [2017] 3 S.C.R. 538
Disposing of the appeal, the Court HELD: 1.1 The findings recorded while deciding interlocutory proceedings such as the one in this case (injunction G pro£eedings) are prima facie in nature and their effect remains confined to the disposal of the interlocutory proceedings only. Such findings do not, in any manner, affe…
Supreme Court of India18 Apr 2017Full text
2017 INSC 357 · [2017] 4 S.C.R. 94
. . . . . . . .K. Radhakrislma, Sr. Adv., Rupesh Kumar, Ms~ Sln¥eta Garg{fbr E ··..· Mrs; Anil Katiyar),Advs. for the Appellant. . : . - - . . ' . . . .· Inde~ Paul Bansal, Vivek Bansal, Haresh Raichura, Ms. Saroj. Raichura, Advs. for the Respondents: . . .. , . . ·. Tlw Judginent of the Cow1 was delivered by . . . ' .…
Supreme Court of India17 Apr 2017Full text
2017 INSC 356 · [2017] 6 S.C.R. 598
598 STEEL AUTHORITY OF INDIA v. DESIGNATED AUTf!:ORITY, 599 DIRECTORATE GEN. OF ANTI-DUMPING provisions of the Constitution - It is only such questions of A importance, alone, that are required to be decided by Supreme Court - This is the limitation that is inbuilt in s. J30E(b), though it omits to specifically mention…
Supreme Court of India17 Apr 2017Full text
2017 INSC 355 · [2017] 6 S.C.R. 555
H 555 556 SUPREME COURT REPORTS (2017) 6 S.C.R. A Remedy - Plural remedies - Validity of - Held: In case of remedial statutory provisions, plurality of remedies can always be provided, even if inconsistent - However, only one remedy has to be chosen - It is for the person to elect one of them and there is no question o…
Supreme Court of India17 Apr 2017Full text
2017 INSC 354 · [2017] 6 S.C.R. 733
- LPA by appellant, dismissed - Plea of appellant in Supreme Court that his removal be set aside after examining the correctness of the conclusion recorded by Registrar w.r.t. the Charge Nos. 2, 3, 6, 9, JO and 11 framed against him - On appeal, held: The conclusions E recorded by Registrar in his order removing appell…
Supreme Court of India17 Apr 2017Full text
2017 INSC 353 · [2017] 6 S.C.R. 616
. The Societies shall in turn ensure that within 4 weeks ther.eafter the amount deposited by the members is re…
Supreme Court of India17 Apr 2017Full text
2017 INSC 352 · [2017] 3 S.C.R. 529
Competent Authority v. Barangore Jute Factory & Ors. (2005) 13 SCC 477 : (2005] 5 Suppl. SCR 421 - relied on. F Case Law Reference [2005] 5 Suppl. SCR 421 relied on Para9 CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 5248-5274 of2017. G From the Judgment and Order dated 05.09.2011 of the High Court of Karnataka at Ba…
Supreme Court of India17 Apr 2017Full text
2017 INSC 351 · [2017] 3 S.C.R. 886
Case Law Reference [1995] 6 Suppl. SCR 220 referred to Para 10 H 888 SUPREME COURT REPORTS [2017] 3 S.C.R. A (1998] 1 SCR 177 referred to Para 10 CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 5300-5301 of2017. From the Judgment and Order dated I 0.08.20 I I of the High Court 'ofKerala at Ernakulam in 0. P. (CAT) Nos.…
Supreme Court of India6 Jan 2017Full text
2017 INSC 35 · [2017] 1 S.C.R. 286
286 AJAY SINGH AND ANR. AND ETC. v. STATE OF 287 CHHATTISGARH AND ANR. Dismissing the appeals, the Court A HELD: l.l Though CrPC does not define the term "judgment", yet it has clearly laid down how the judgment is to be pronounced. The provisions of Cr.P.C. clearly spell out that it is imperative on the part of the tr…
Supreme Court of India13 Apr 2017Full text
2017 INSC 347 · [2017] 4 S.C.R. 454
E Criminal Law: Interference with order of acquittal - When two views are reasonably possible, one indicating conviction and other acquittal - Normally in such case, Supreme Court not to interfere with the order of acquittal - But court should interfere, if the acquittal is F perverse in the sense that no reasonable pe…
Supreme Court of India13 Apr 2017Full text
2017 INSC 345 · [2017] 4 S.C.R. 816
G Constitution of lndia: Arts. 133(3) and 143-A - Certificate of appeal granted u!Art. 143-A - By Single Judge of High Court - Validity of-'- Held: Single Judge of High Court has no jurisdiction to grant such certificate in the light of restriCtions contained in Art. 133(3). H 816 AGNIGUNDALA VENKATARANGARAO v. lNDUKUR…
Supreme Court of India13 Apr 2017Full text
2017 INSC 344 · [2017] 3 S.C.R. 544
Allowing the appeals, the Court G HELD: 1. There is no scope to contend that the remedy of Letters Patent Appeal was available in relation to judgment of the Single Judge of the High Court in question. This legal position has been restated in the recent decision of Supreme Court in the case of Arun Dev Upadhyaya v/s. I…
Supreme Court of India13 Apr 2017Full text
2017 INSC 343 · [2017] 3 S.C.R. 239
Partly allowing the appeal, the Court HELD: 1.1 The 1>rocessi11g of the apj>licalion for grant of licence commences from the dale of ap1>licalion. The final decision 011 the 1>roposal is re11uired to be taken by the State Government. The date 011 which a formal, final decisio11, is taken G by the competent authority, a…
Supreme Court of India12 Apr 2017Full text
2017 INSC 342 · [2017] 5 S.C.R. 147
- Writ petition dismissed - On appeal, held: Admittedly, the second order of detention dated 21.9.2016 is passed only on grounds which E arose prior to the order of revocation order dated 17.9.2016- Thus, it would fall foul of s.23(2) - The expression "'where fresh facts have arisen" in s.23(2) is followed by "'the dat…
Supreme Court of India12 Apr 2017Full text
2017 INSC 340 · [2017] 3 S.C.R. 226
[2017] 3 S.C.R. 226 A PALURE BHASKAR RAO ETC. ETC. v. P. RAMASESHAIAH & ORS. ETC. (Civil Appeal Nos. 6795-6798 of2014) B APRIL 12,2017 [KURIAN JOSEPH ANU I{. llANlJMATlll, JJ.) Service Law: Appoi11/111e111 by transfer - 011 !he post of lmpector of Police c in Andhra Pradesh Police Service - Feeder category for appointm…
Supreme Court of India6 Jan 2017Full text
2017 INSC 34 · [2017] 1 S.C.R. 278
SRI GANESH v. STATE OF 1AMIL NADU AND ANR. 279 passed by tbe High Court w.ere completely unwarranted. Further, A if the allegations of the prosecution are that' the offence under Section 376 IPC was committed on more than one occasion, in order to see whether the appellant was juvenile or not, it is enongh to see if he…
Supreme Court of India12 Apr 2017Full text
2017 INSC 339 · [2017] 3 S.C.R. 214
Allowing the appeal, the Court E HELD: 1.1 Section 12 of Bomuay Rents, Hotel and Lodging House Rates Control Act, 1947 deals with the ejectment of a tenant. As per Section 12(1) of the Act, a landlord shall not be entitled to the recovery of possession of any premises so long as the tenant pays, or is ready and willing…
Also on Law on Tips: Bare Acts · Legal news and analysis
Adverse possession: Claim of-Against whom - Suit/or possession by plaintiffclaiming to be the owner - Defendant inter alia claimed possession on the basis of G adverse possession - However, denied the ownership ofplaintiff- Held: The person, who claims title over the property on the strength of adverse possession is re…
Supreme Court of India18 Apr 2017Full text
2017 INSC 359 · [2017] 3 S.C.R. 533
M. K. S. Menon, Ms. Shreya Menon, Ms. Usha Nandini V: (for Jogy Scaria), Advs. for the Appellants. K. Rajeev, Shinoj K. Narayanan, Ad vs. for the Respondents. H VELAYUDHAN & ORS. v. MOHAMMEDKUTTY & ORS. 535 The Judgment of the Court was delivered by A ABIIAY MANOUAR SAPRE, J. I. This appeal is filed by the defendants a…
Supreme Court of India18 Apr 2017Full text
2017 INSC 358 · [2017] 3 S.C.R. 538
Disposing of the appeal, the Court HELD: 1.1 The findings recorded while deciding interlocutory proceedings such as the one in this case (injunction G pro£eedings) are prima facie in nature and their effect remains confined to the disposal of the interlocutory proceedings only. Such findings do not, in any manner, affe…
Supreme Court of India18 Apr 2017Full text
2017 INSC 357 · [2017] 4 S.C.R. 94
. . . . . . . .K. Radhakrislma, Sr. Adv., Rupesh Kumar, Ms~ Sln¥eta Garg{fbr E ··..· Mrs; Anil Katiyar),Advs. for the Appellant. . : . - - . . ' . . . .· Inde~ Paul Bansal, Vivek Bansal, Haresh Raichura, Ms. Saroj. Raichura, Advs. for the Respondents: . . .. , . . ·. Tlw Judginent of the Cow1 was delivered by . . . ' .…
Supreme Court of India17 Apr 2017Full text
2017 INSC 356 · [2017] 6 S.C.R. 598
598 STEEL AUTHORITY OF INDIA v. DESIGNATED AUTf!:ORITY, 599 DIRECTORATE GEN. OF ANTI-DUMPING provisions of the Constitution - It is only such questions of A importance, alone, that are required to be decided by Supreme Court - This is the limitation that is inbuilt in s. J30E(b), though it omits to specifically mention…
Supreme Court of India17 Apr 2017Full text
2017 INSC 355 · [2017] 6 S.C.R. 555
H 555 556 SUPREME COURT REPORTS (2017) 6 S.C.R. A Remedy - Plural remedies - Validity of - Held: In case of remedial statutory provisions, plurality of remedies can always be provided, even if inconsistent - However, only one remedy has to be chosen - It is for the person to elect one of them and there is no question o…
Supreme Court of India17 Apr 2017Full text
2017 INSC 354 · [2017] 6 S.C.R. 733
- LPA by appellant, dismissed - Plea of appellant in Supreme Court that his removal be set aside after examining the correctness of the conclusion recorded by Registrar w.r.t. the Charge Nos. 2, 3, 6, 9, JO and 11 framed against him - On appeal, held: The conclusions E recorded by Registrar in his order removing appell…
Supreme Court of India17 Apr 2017Full text
2017 INSC 353 · [2017] 6 S.C.R. 616
. The Societies shall in turn ensure that within 4 weeks ther.eafter the amount deposited by the members is re…
Supreme Court of India17 Apr 2017Full text
2017 INSC 352 · [2017] 3 S.C.R. 529
Competent Authority v. Barangore Jute Factory & Ors. (2005) 13 SCC 477 : (2005] 5 Suppl. SCR 421 - relied on. F Case Law Reference [2005] 5 Suppl. SCR 421 relied on Para9 CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 5248-5274 of2017. G From the Judgment and Order dated 05.09.2011 of the High Court of Karnataka at Ba…
Supreme Court of India17 Apr 2017Full text
2017 INSC 351 · [2017] 3 S.C.R. 886
Case Law Reference [1995] 6 Suppl. SCR 220 referred to Para 10 H 888 SUPREME COURT REPORTS [2017] 3 S.C.R. A (1998] 1 SCR 177 referred to Para 10 CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 5300-5301 of2017. From the Judgment and Order dated I 0.08.20 I I of the High Court 'ofKerala at Ernakulam in 0. P. (CAT) Nos.…
Supreme Court of India6 Jan 2017Full text
2017 INSC 35 · [2017] 1 S.C.R. 286
286 AJAY SINGH AND ANR. AND ETC. v. STATE OF 287 CHHATTISGARH AND ANR. Dismissing the appeals, the Court A HELD: l.l Though CrPC does not define the term "judgment", yet it has clearly laid down how the judgment is to be pronounced. The provisions of Cr.P.C. clearly spell out that it is imperative on the part of the tr…
Supreme Court of India13 Apr 2017Full text
2017 INSC 347 · [2017] 4 S.C.R. 454
E Criminal Law: Interference with order of acquittal - When two views are reasonably possible, one indicating conviction and other acquittal - Normally in such case, Supreme Court not to interfere with the order of acquittal - But court should interfere, if the acquittal is F perverse in the sense that no reasonable pe…
Supreme Court of India13 Apr 2017Full text
2017 INSC 345 · [2017] 4 S.C.R. 816
G Constitution of lndia: Arts. 133(3) and 143-A - Certificate of appeal granted u!Art. 143-A - By Single Judge of High Court - Validity of-'- Held: Single Judge of High Court has no jurisdiction to grant such certificate in the light of restriCtions contained in Art. 133(3). H 816 AGNIGUNDALA VENKATARANGARAO v. lNDUKUR…
Supreme Court of India13 Apr 2017Full text
2017 INSC 344 · [2017] 3 S.C.R. 544
Allowing the appeals, the Court G HELD: 1. There is no scope to contend that the remedy of Letters Patent Appeal was available in relation to judgment of the Single Judge of the High Court in question. This legal position has been restated in the recent decision of Supreme Court in the case of Arun Dev Upadhyaya v/s. I…
Supreme Court of India13 Apr 2017Full text
2017 INSC 343 · [2017] 3 S.C.R. 239
Partly allowing the appeal, the Court HELD: 1.1 The 1>rocessi11g of the apj>licalion for grant of licence commences from the dale of ap1>licalion. The final decision 011 the 1>roposal is re11uired to be taken by the State Government. The date 011 which a formal, final decisio11, is taken G by the competent authority, a…
Supreme Court of India12 Apr 2017Full text
2017 INSC 342 · [2017] 5 S.C.R. 147
- Writ petition dismissed - On appeal, held: Admittedly, the second order of detention dated 21.9.2016 is passed only on grounds which E arose prior to the order of revocation order dated 17.9.2016- Thus, it would fall foul of s.23(2) - The expression "'where fresh facts have arisen" in s.23(2) is followed by "'the dat…
Supreme Court of India12 Apr 2017Full text
2017 INSC 340 · [2017] 3 S.C.R. 226
[2017] 3 S.C.R. 226 A PALURE BHASKAR RAO ETC. ETC. v. P. RAMASESHAIAH & ORS. ETC. (Civil Appeal Nos. 6795-6798 of2014) B APRIL 12,2017 [KURIAN JOSEPH ANU I{. llANlJMATlll, JJ.) Service Law: Appoi11/111e111 by transfer - 011 !he post of lmpector of Police c in Andhra Pradesh Police Service - Feeder category for appointm…
Supreme Court of India6 Jan 2017Full text
2017 INSC 34 · [2017] 1 S.C.R. 278
SRI GANESH v. STATE OF 1AMIL NADU AND ANR. 279 passed by tbe High Court w.ere completely unwarranted. Further, A if the allegations of the prosecution are that' the offence under Section 376 IPC was committed on more than one occasion, in order to see whether the appellant was juvenile or not, it is enongh to see if he…
Supreme Court of India12 Apr 2017Full text
2017 INSC 339 · [2017] 3 S.C.R. 214
Allowing the appeal, the Court E HELD: 1.1 Section 12 of Bomuay Rents, Hotel and Lodging House Rates Control Act, 1947 deals with the ejectment of a tenant. As per Section 12(1) of the Act, a landlord shall not be entitled to the recovery of possession of any premises so long as the tenant pays, or is ready and willing…
Also on Law on Tips: Bare Acts · Legal news and analysis