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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.
2,441–2,460 · Page 123 of 382
Supreme Court of India28 Mar 2017Full text
2017 INSC 276 · [2017] 4 S.C.R. 934
Witness: F Eyewitnesses - Evidence of - Discrepancies in - Appreciation of - Held: Generally in criminal cases, discrepancies in the evidence of witness is bound to happen as there is considerable gap between the date of incident and the time of deposing evidence before Court - But, if these contradictions create serio…
Supreme Court of India27 Mar 2017Full text
2017 INSC 275 · [2017] 2 S.C.R. 939
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.
2,441–2,460 · Page 123 of 382
Supreme Court of India28 Mar 2017Full text
2017 INSC 276 · [2017] 4 S.C.R. 934
Witness: F Eyewitnesses - Evidence of - Discrepancies in - Appreciation of - Held: Generally in criminal cases, discrepancies in the evidence of witness is bound to happen as there is considerable gap between the date of incident and the time of deposing evidence before Court - But, if these contradictions create serio…
Supreme Court of India27 Mar 2017Full text
2017 INSC 275 · [2017] 2 S.C.R. 939
B ORDER 1. Petitioner No. I - Sheetal Shankar Salvi, has approached this Court under Article 32 of the Constitution oflndia seeking directions to the respondents to allow her to undergo medical termination of her c pregnancy. 2. By order dated 22.3.2017, while issuing notice to the respondents, this Court gave a direct…
Supreme Court of India27 Mar 2017Full text
2017 INSC 273 · [2017] 2 S.C.R. 743
WITH Special Leave Petition( Civil) No. 26614of2014. Maninder Singh, ASG, Sachin Sharma,Amarjeet Singh, B. Krishna Prasad, Shreekant N. Terdal, Advs. for the Appellant.G Dushyant Dave, Sr. Adv., Ramesh Singh, Ms. Anne Mathew, SumanJoyti Khaitan, T. S.Ahuja, VarunAhuja, D. K. Thakur,Devendra Jha, Debasis Misra, Advs. fo…
Supreme Court of India27 Mar 2017Full text
2017 INSC 272 · [2017] 6 S.C.R. 631
HELD: 1.1 Section 15 of the Hindu Succession Act, 1956 applies to the case of female Hindus. It specifies the general D rules of succession and provides the categories of heirs on whom the property of a female Hindu would devolve on her death. Sub-section(!) sets out four categories of heirs specified in clauses (a) to…
Supreme Court of India27 Mar 2017Full text
2017 INSC 270 · [2017] 6 S.C.R. 669
Allowing the appeal, the Court HELD: 1.1 By an earlier order, this Court had granted stay E on a condition that the appellant should deposit an amount of Rs.3,00,000/- (Rupees Three Lacs) before the Trial Court, which has been duly complied with. When the matter came up for hearing, the son of the appellant was present…
Supreme Court of India5 Jan 2017Full text
2017 INSC 27 · [2017] 2 S.C.R. 241
H SECRETARY MAHATAMA GANDHI MISSION & ANOTHER v. 243 BHARTIYA KAMGAR SENA & OTHERS 1.3 The Government of India decided to extend the benefit A of revised pay scales to the employees of various central universities etc. on the basis of the recommendations of the University Grants Commission - a statutory body. While acc…
Supreme Court of India24 Mar 2017Full text
2017 INSC 268 · [2017] 3 S.C.R. 691
11. I 2.20I 5 and interim orders - Held: The decision to cancel the appointments was based on a status report which was not furnished to the affected teachers - High Court, therefore, rightly found that the decision taken by the appellant-Institute was in violation of the E principles of natural justice - Matter remitt…
Supreme Court of India24 Mar 2017Full text
2017 INSC 267 · [2017] 3 S.C.R. 783
of the Delhi High Court, it is held that entire services of casual labour after obtaining temporary status who was subsequently regularised is entitled to reckon. Casual labour who has been granted temporary status can reckon B half of services for pensionary benefits as per Rule 31. The reasons given by the Delhi High…
Supreme Court of India24 Mar 2017Full text
2017 INSC 265 · [2017] 2 S.C.R. 993
994 SUPREME COURT REPORTS [2017] 2 S.C.R. A s. 3A - Reference to larger bench. Interpretation qf statutes: Legal fiction and presumption - Distinction between - Held: A fiction assumes somethilig which is known to be false, while presumption assumes something which may possibly be true. B Legal fiction - Only sovereign…
Supreme Court of India23 Mar 2017Full text
2017 INSC 264 · [2017] 2 S.C.R. 797
F Union of India v. Devendra Kumar Pand and Ors. (2009) 14 SCC 546 : (2009( 11 SCR 1; Union of India v. Sanjay Kumar (2004) 6 SCC 708 : [2004) 3 Suppl. SCR 463; Kuna/ Singh v. Union cif India (2003) 4 SCC 524 : [2003) 1 SCR 1059; Justice Sunanda Bhandare Foundation v. Union of India and Anr. (2014) 14 SCC G 383 : (2014…
Supreme Court of India23 Mar 2017Full text
2017 INSC 261 · [2017] 2 S.C.R. 935
H 935 936 SUPREME COURT REPORTS [2017] 2 S.C.R. A Nagendra Rai, Sr. Adv .. Ms. Prerna Singh, T. Mahipal, Advs. for the Appellants. Gaurav Agrawal, Adv. for the Respondents. The Judgment of the Court was delivered by KURIAN, J. I. The appellants filed a suit before the Munsif B Court, Patna City forejectment of two katr…
Supreme Court of India5 Jan 2017Full text
2017 INSC 26 · [2017] 1 S.C.R. 54
2.2 The respondent had pleaded a different factual matrix which has been accepted by the tribunal, albeit, without referring to specific details. General observation and broad brush approach need not reflect true consideration paid for all transactions. A far E greater and deeper scrutiny of facts is required before fo…
Supreme Court of India23 Mar 2017Full text
2017 INSC 259 · [2017] 6 S.C.R. 711
[2017] 6 S.C.R. 711 STATE OF BIHAR AND OTHERS ETC. A v. ANIL KUMAR AND OTHERS ETC. (Civil Appeal Nos. 4397-4400of2017) MARCH 23, 2017 B [JAGDISH SINGH KHEHAR, CJI, DR. D. Y. CHANDRACHUD AND SANJAY KISHAN KAUL, JJ.) . Scheduled Castes and Scheduled Tribes (Prevention of c Atrocities) Act, 1989 - ss.9, 23 - Scheduled Cas…
Supreme Court of India22 Mar 2017Full text
2017 INSC 257 · [2017] 2 S.C.R. 727
Trust - Duty of a trustee. - Moral as well as legal duty -FElucidated. Disposi11g of the appeal, the Court HELD: · 1. On perusal of the record of the case, it- is not necessary for this Court to decide any of the points urged on account of certain subsequent events which took place during G the pendency of this litigat…
Supreme Court of India22 Mar 2017Full text
2017 INSC 254 · [2017] 2 S.C.R. 735
- Interference with the order of High Court called for - Conviction set aside. Allowing the appeals, the Court G HELD:l. The trial court's judgment is more than just a possible view for arriving at the conclusion of acquittal, and that it would not he safe to convict seventeen persons accused of the crime of murder i.e…
Supreme Court of India30 Mar 2017Full text
2017 INSC 250 · [2017] 5 S.C.R. 277
278 SUPREME COURT REPORTS [2017] 5 S.C.R. A not PW-2, who was not examined by the prosecution - PW-3 has been disbelieved both by the trial court and the High Court. but was a key witness on behalf of prosecution and his version destroys the version of two interested eye-wit11esses PW-2 and PW-13 inasmuch as he specifi…
Supreme Court of India21 Mar 2017Full text
2017 INSC 248 · [2017] 3 S.C.R. 681
F s.47 - Executing Court - Power of - Discussed. ··Allowing the appeals, the Court HELD: 1.1 An Executing Court can neither travel behind the decree nor sit in appeal· over the same or pass any order jeopardizing the rights of the parties thereunder. It is only.in the G limited cases where the decree is by a court lack…
Supreme Court of India21 Mar 2017Full text
2017 INSC 247 · [2017] 2 S.C.R. 874
B J. H. Reshi, Rahul Gupta, M. Mushtaq, Advs. for the Appellants. G. M. Kawoosa, Shoeb Alam, Ad vs. for the Respondent. The Judgment of the Court was de] ivered by R. BANUMATHI, J. 1. Leave granted. c 2. These appeals arise out of the common judgment and order dated 24.09.2013 and 15.05.2015 passed by the High Court of…
Supreme Court of India21 Mar 2017Full text
2017 INSC 246 · [2017] 4 S.C.R. 700
. 700 BARANAGOREJUTEFACTORYPLC.MAZDOORSANGH(BMS)v. 701 BARAN AGORE JUTE FACTORY PLC. Allowing the appeals, the Court A HELD: 1.1 The order dated 23.02.2011 regarding the deposit in court was passed to secure the entire compensation from the National Highway Authority of India (NHAI). The court was concerned about the m…
Supreme Court of India21 Mar 2017Full text
2017 INSC 245 · [2017] 4 S.C.R. 864
s.20(4) - Proviso -Applicability of- s.20(4) relieves the tenant G against his liability for eviction on the ground of default if condition therein is fulfilled - Proviso thereto, however, predicates that this benefit would not be available to a tenant who inter alia has built any residential building in the same city …
Also on Law on Tips: Bare Acts · Legal news and analysis
B ORDER 1. Petitioner No. I - Sheetal Shankar Salvi, has approached this Court under Article 32 of the Constitution oflndia seeking directions to the respondents to allow her to undergo medical termination of her c pregnancy. 2. By order dated 22.3.2017, while issuing notice to the respondents, this Court gave a direct…
Supreme Court of India27 Mar 2017Full text
2017 INSC 273 · [2017] 2 S.C.R. 743
WITH Special Leave Petition( Civil) No. 26614of2014. Maninder Singh, ASG, Sachin Sharma,Amarjeet Singh, B. Krishna Prasad, Shreekant N. Terdal, Advs. for the Appellant.G Dushyant Dave, Sr. Adv., Ramesh Singh, Ms. Anne Mathew, SumanJoyti Khaitan, T. S.Ahuja, VarunAhuja, D. K. Thakur,Devendra Jha, Debasis Misra, Advs. fo…
Supreme Court of India27 Mar 2017Full text
2017 INSC 272 · [2017] 6 S.C.R. 631
HELD: 1.1 Section 15 of the Hindu Succession Act, 1956 applies to the case of female Hindus. It specifies the general D rules of succession and provides the categories of heirs on whom the property of a female Hindu would devolve on her death. Sub-section(!) sets out four categories of heirs specified in clauses (a) to…
Supreme Court of India27 Mar 2017Full text
2017 INSC 270 · [2017] 6 S.C.R. 669
Allowing the appeal, the Court HELD: 1.1 By an earlier order, this Court had granted stay E on a condition that the appellant should deposit an amount of Rs.3,00,000/- (Rupees Three Lacs) before the Trial Court, which has been duly complied with. When the matter came up for hearing, the son of the appellant was present…
Supreme Court of India5 Jan 2017Full text
2017 INSC 27 · [2017] 2 S.C.R. 241
H SECRETARY MAHATAMA GANDHI MISSION & ANOTHER v. 243 BHARTIYA KAMGAR SENA & OTHERS 1.3 The Government of India decided to extend the benefit A of revised pay scales to the employees of various central universities etc. on the basis of the recommendations of the University Grants Commission - a statutory body. While acc…
Supreme Court of India24 Mar 2017Full text
2017 INSC 268 · [2017] 3 S.C.R. 691
11. I 2.20I 5 and interim orders - Held: The decision to cancel the appointments was based on a status report which was not furnished to the affected teachers - High Court, therefore, rightly found that the decision taken by the appellant-Institute was in violation of the E principles of natural justice - Matter remitt…
Supreme Court of India24 Mar 2017Full text
2017 INSC 267 · [2017] 3 S.C.R. 783
of the Delhi High Court, it is held that entire services of casual labour after obtaining temporary status who was subsequently regularised is entitled to reckon. Casual labour who has been granted temporary status can reckon B half of services for pensionary benefits as per Rule 31. The reasons given by the Delhi High…
Supreme Court of India24 Mar 2017Full text
2017 INSC 265 · [2017] 2 S.C.R. 993
994 SUPREME COURT REPORTS [2017] 2 S.C.R. A s. 3A - Reference to larger bench. Interpretation qf statutes: Legal fiction and presumption - Distinction between - Held: A fiction assumes somethilig which is known to be false, while presumption assumes something which may possibly be true. B Legal fiction - Only sovereign…
Supreme Court of India23 Mar 2017Full text
2017 INSC 264 · [2017] 2 S.C.R. 797
F Union of India v. Devendra Kumar Pand and Ors. (2009) 14 SCC 546 : (2009( 11 SCR 1; Union of India v. Sanjay Kumar (2004) 6 SCC 708 : [2004) 3 Suppl. SCR 463; Kuna/ Singh v. Union cif India (2003) 4 SCC 524 : [2003) 1 SCR 1059; Justice Sunanda Bhandare Foundation v. Union of India and Anr. (2014) 14 SCC G 383 : (2014…
Supreme Court of India23 Mar 2017Full text
2017 INSC 261 · [2017] 2 S.C.R. 935
H 935 936 SUPREME COURT REPORTS [2017] 2 S.C.R. A Nagendra Rai, Sr. Adv .. Ms. Prerna Singh, T. Mahipal, Advs. for the Appellants. Gaurav Agrawal, Adv. for the Respondents. The Judgment of the Court was delivered by KURIAN, J. I. The appellants filed a suit before the Munsif B Court, Patna City forejectment of two katr…
Supreme Court of India5 Jan 2017Full text
2017 INSC 26 · [2017] 1 S.C.R. 54
2.2 The respondent had pleaded a different factual matrix which has been accepted by the tribunal, albeit, without referring to specific details. General observation and broad brush approach need not reflect true consideration paid for all transactions. A far E greater and deeper scrutiny of facts is required before fo…
Supreme Court of India23 Mar 2017Full text
2017 INSC 259 · [2017] 6 S.C.R. 711
[2017] 6 S.C.R. 711 STATE OF BIHAR AND OTHERS ETC. A v. ANIL KUMAR AND OTHERS ETC. (Civil Appeal Nos. 4397-4400of2017) MARCH 23, 2017 B [JAGDISH SINGH KHEHAR, CJI, DR. D. Y. CHANDRACHUD AND SANJAY KISHAN KAUL, JJ.) . Scheduled Castes and Scheduled Tribes (Prevention of c Atrocities) Act, 1989 - ss.9, 23 - Scheduled Cas…
Supreme Court of India22 Mar 2017Full text
2017 INSC 257 · [2017] 2 S.C.R. 727
Trust - Duty of a trustee. - Moral as well as legal duty -FElucidated. Disposi11g of the appeal, the Court HELD: · 1. On perusal of the record of the case, it- is not necessary for this Court to decide any of the points urged on account of certain subsequent events which took place during G the pendency of this litigat…
Supreme Court of India22 Mar 2017Full text
2017 INSC 254 · [2017] 2 S.C.R. 735
- Interference with the order of High Court called for - Conviction set aside. Allowing the appeals, the Court G HELD:l. The trial court's judgment is more than just a possible view for arriving at the conclusion of acquittal, and that it would not he safe to convict seventeen persons accused of the crime of murder i.e…
Supreme Court of India30 Mar 2017Full text
2017 INSC 250 · [2017] 5 S.C.R. 277
278 SUPREME COURT REPORTS [2017] 5 S.C.R. A not PW-2, who was not examined by the prosecution - PW-3 has been disbelieved both by the trial court and the High Court. but was a key witness on behalf of prosecution and his version destroys the version of two interested eye-wit11esses PW-2 and PW-13 inasmuch as he specifi…
Supreme Court of India21 Mar 2017Full text
2017 INSC 248 · [2017] 3 S.C.R. 681
F s.47 - Executing Court - Power of - Discussed. ··Allowing the appeals, the Court HELD: 1.1 An Executing Court can neither travel behind the decree nor sit in appeal· over the same or pass any order jeopardizing the rights of the parties thereunder. It is only.in the G limited cases where the decree is by a court lack…
Supreme Court of India21 Mar 2017Full text
2017 INSC 247 · [2017] 2 S.C.R. 874
B J. H. Reshi, Rahul Gupta, M. Mushtaq, Advs. for the Appellants. G. M. Kawoosa, Shoeb Alam, Ad vs. for the Respondent. The Judgment of the Court was de] ivered by R. BANUMATHI, J. 1. Leave granted. c 2. These appeals arise out of the common judgment and order dated 24.09.2013 and 15.05.2015 passed by the High Court of…
Supreme Court of India21 Mar 2017Full text
2017 INSC 246 · [2017] 4 S.C.R. 700
. 700 BARANAGOREJUTEFACTORYPLC.MAZDOORSANGH(BMS)v. 701 BARAN AGORE JUTE FACTORY PLC. Allowing the appeals, the Court A HELD: 1.1 The order dated 23.02.2011 regarding the deposit in court was passed to secure the entire compensation from the National Highway Authority of India (NHAI). The court was concerned about the m…
Supreme Court of India21 Mar 2017Full text
2017 INSC 245 · [2017] 4 S.C.R. 864
s.20(4) - Proviso -Applicability of- s.20(4) relieves the tenant G against his liability for eviction on the ground of default if condition therein is fulfilled - Proviso thereto, however, predicates that this benefit would not be available to a tenant who inter alia has built any residential building in the same city …
Also on Law on Tips: Bare Acts · Legal news and analysis