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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.
2,481–2,500 · Page 125 of 382
Supreme Court of India4 Jan 2017Full text
2017 INSC 21 · [2017] 1 S.C.R. 366
Dismissing the criminal appeal and the tagged writ petition, tbe Court HELD: 1.1 If the detention order is based on more than one grounds, independent of each other, then the detention order .}1 will still survive even if one of the grounds found is non-existing I 366 GAUTAM JAIN v. UNION OF INDIA & ANR. 367 or legally…
Supreme Court of India7 Mar 2017Full text
2017 INSC 209 · [2017] 2 S.C.R. 691
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.
2,481–2,500 · Page 125 of 382
Supreme Court of India4 Jan 2017Full text
2017 INSC 21 · [2017] 1 S.C.R. 366
Dismissing the criminal appeal and the tagged writ petition, tbe Court HELD: 1.1 If the detention order is based on more than one grounds, independent of each other, then the detention order .}1 will still survive even if one of the grounds found is non-existing I 366 GAUTAM JAIN v. UNION OF INDIA & ANR. 367 or legally…
Supreme Court of India7 Mar 2017Full text
2017 INSC 209 · [2017] 2 S.C.R. 691
[2017] 2 S.C.R. 691 NATIONAL INSURANCE CO. LTD. A v. REKHABEN & ORS. (Civil Appeal No. 8867 of2012) B MARCH 07, 2017 [S. A. BOBDE AND L. NAGESWARA RAO, JJ.] Motor Vehicles Act, 1988: • ss.163A, 166, 168 - Compensation - Salary received by the c claimants from compassionate appointment whether deductible from the award …
Supreme Court of India7 Mar 2017Full text
2017 INSC 208 · [2017] 2 S.C.R. 678
G HELD: 1. P. W. 1 is the brother of the deceased and the first informant. The testimony of this witness has not shaken in any material particularly in the cross examination. The testimony of P.W. 2 completely corroborates the version of P.W. 1 in all material details of the incident. There is no reason to reject this …
Supreme Court of India7 Mar 2017Full text
2017 INSC 206 · [2017] 4 S.C.R. 901
- It is orders passed ulss. 11 (4), 11 (b), 11 (d), 12(3) and 15-1 and under the Rules and Regulations, being quasi-judicial orders, that are subject matter of appeal uls.l 5T- Securities Laws (Amendment) Act, 1995. Administrative law - Administrative order and Quasi-judicial E order - Distinction between - Discussed. …
Supreme Court of India7 Mar 2017Full text
2017 INSC 205 · [2017] 2 S.C.R. 889
Allowing the appeal and remanding the case to trial court, the Court G HELD: 1.1 The High Court was of the view 'that it was obligatory upon the appellant. (plaintifl) to prove his title by examining his vendor and since it was .not done, the decree pass~d by the Trial Court in plaintiff's favour was not legally sustai…
Supreme Court of India7 Mar 2017Full text
2017 INSC 204 · [2017] 2 S.C.R. 107
108 SUPREME COURT REPORTS [2017] 2 S.C.R. A Ugra Shankar Prasad, Adv. for the appellant. A. K. Singla, Sr. Adv., Ms. Manjula Gupta, Ms. Pooja Singh, Advs. for the respondent. The Judgment of the Court was delivered by B ABHAY MANO HAR SAPRE, J. I. This appeal is filed by the appellant( defendant) against the final judg…
Supreme Court of India6 Mar 2017Full text
2017 INSC 202 · [2017] 2 S.C.R. 610
Dismissing the appeal, the Court HELD: 1. The filing of the suit for specific performance ()f C an agreement/contract is governed by Section 16(c) of the Specific Relief Act, 1963 read with Article 54 of the Schedule to the Limitation Act, 1963. Form Nos. 47 and 48 of Appendix' A' to Code of Civil Procedure, 1908 presc…
Supreme Court of India3 Mar 2017Full text
2017 INSC 201 · [2017] 4 S.C.R. 99
HELD: 1. An application for review lias to be disposed of as expeditiously as possible. It is the duty of the Registry of every High Court to place the matter before the concerned Judge/llench F so that the revi.ew application can be dealt with in quite promptitude. If a notice is required to be is~ued to the. opposite…
Supreme Court of India2 Mar 2017Full text
2017 INSC 198 · [2017] 3 S.C.R. 574
FIR: E Evidentiary value of - FIR is not an encyclopaedia - If necessary details are there, on its basis detailed narration by the witnesses cannot be doubted. Dismissing the appeal, the Court HELD: 1. The trial court committed grave error by F accepting the defence case that the deceased might have died of the injurie…
Supreme Court of India1 Mar 2017Full text
2017 INSC 197 · [2017] 2 S.C.R. 41
WITH C. A. NO. 3424 OF 20…
Supreme Court of India1 Mar 2017Full text
2017 INSC 196 · [2017] 4 S.C.R. 421
Disposing of the appeal and remitting the matter to High E Court, the Court HELD: The High Court has clearly erred in reaching to the conclusion that the appellant was a minor at the time of her marriage, whereas the appellant has categorically stated that she was above 18 years old on the date of marriage. It is an ad…
Supreme Court of India1 Mar 2017Full text
2017 INSC 195 · [2017] 2 S.C.R. 33
Constitution of India: Art. 226 - Jurisdiction under - Scope of - Held: High Court does not have jurisdiction to re-appreciate the evidence. F Allowing the appeal, the Court HELD: 1. It is a well-settled principle that the High Court will not re~appreciate the evidence but will only see whether there is evidence in sup…
Supreme Court of India1 Mar 2017Full text
2017 INSC 194 · [2017] 4 S.C.R. 365
[2017] 4 S.C.R. 365 N PARAMESWARAN UNNI A v. G KANNAN AND ANOTHER (Criminal Appeal No. 455 of 2006) MARCH OJ, 2017 B [N. V. RAMANA AND PRAFULLA C. PANT, JJ.] Negotiable Instruments Act, 1881 - s.138 rlw. s.142 -Dishonour of cheque - First notice served within time - Second notice issued beyond limitation period - Effec…
Supreme Court of India1 Mar 2017Full text
2017 INSC 193 · [2017] 2 S.C.R. 95
Respondent granted the premises in question to the petitioner under a conducting agreement for carrying on the business oflaundry. Suit for G recovery of possession was filed by landlord. Trial Court decreed the suit. In First Appeal, Single Judge of High Court directed the tenant to vacate the premises and on the basi…
Supreme Court of India28 Feb 2017Full text
2017 INSC 190 · [2017] 2 S.C.R. 84
E Criminal Trial: Motive - Evidentiary value of - Held: Where there is direct evidence, motive does not have to be established. Allowing the appeal, the Court F HELD: 1. PW-1 has nncqnivocally stated both in his complaint and in evidence tendered before the Conrt, which has) not been shaken in cross, that the five accu…
Supreme Court of India4 Jan 2017Full text
2017 INSC 19 · [2017] 1 S.C.R. 108
s. 34 - Co111111on intention - Applicability of s. 34 - Held: H 108 V!JENDRA SINGH v. STATE OF UTTAR PRADESH 109 Applicability of s. 3./ is a question of fact and is to be ascertained A from the evidence brought on record - Common intention can be conceived immediately or at the time of offence and is determined on the…
Supreme Court of India28 Feb 2017Full text
2017 INSC 189 · [2017] 4 S.C.R. 591
- Contract Act, 1872 - s. 158 - Bills of Lading Act, 1856 - s. J. Plea: New plea - Raising of - Jn Supreme Court - Permissibility -Held: A pure and substantial question of law cannot be barred from D being raised for the first time. · Words and Phrases: 'Demurrage' - Meaning of 'Bailment' - Meaning of E Partly allowing…
Supreme Court of India23 Mar 2017Full text
2017 INSC 188 · [2017] 3 S.C.R. 698
WITH C. A. Nos. 7552-7554 of2008. c S.B. Upadhyay, Sr. Adv., Pawan Upadhyay, Mrs. Anish Upadhyay, P. Mishra, Nishan Kumar, Ms. Sharmila Upadhyay, Syed Ali,Ahmad, Syed Tanweer Ahmad, S.S. Bandyopadhyay, Mohan Pandey, Ms. Daisy Hannah, Shekhar Kumar, Adv.s. for the appearing parties. The Judgment of the Court was deliver…
Supreme Court of India28 Feb 2017Full text
2017 INSC 187 · [2017] 2 S.C.R. 89
Dismissing the appeal, the Court HELD: The High Court judgment cannot be characterized as perverse. Being an appeal against acquittal, it is difficult to say that the view of the High Court is not a possible view. In the present case, the motive for the crime has not been sufficiently E made out. Indeed, the Sessions C…
Supreme Court of India28 Feb 2017Full text
2017 INSC 186 · [2017] 2 S.C.R. 27
Sentence/Sentencing: Conviction uls. 307 rlw s. 34 !PC - Sentenced to three years imprisonment - Plea to reduce the sentence to the period already Fundergone i.e. about 2 years - Held: The accused got away very lightly - Undue sympathy leading to inadequate sentence would do more harm to the justice system and would un…
Also on Law on Tips: Bare Acts · Legal news and analysis
[2017] 2 S.C.R. 691 NATIONAL INSURANCE CO. LTD. A v. REKHABEN & ORS. (Civil Appeal No. 8867 of2012) B MARCH 07, 2017 [S. A. BOBDE AND L. NAGESWARA RAO, JJ.] Motor Vehicles Act, 1988: • ss.163A, 166, 168 - Compensation - Salary received by the c claimants from compassionate appointment whether deductible from the award …
Supreme Court of India7 Mar 2017Full text
2017 INSC 208 · [2017] 2 S.C.R. 678
G HELD: 1. P. W. 1 is the brother of the deceased and the first informant. The testimony of this witness has not shaken in any material particularly in the cross examination. The testimony of P.W. 2 completely corroborates the version of P.W. 1 in all material details of the incident. There is no reason to reject this …
Supreme Court of India7 Mar 2017Full text
2017 INSC 206 · [2017] 4 S.C.R. 901
- It is orders passed ulss. 11 (4), 11 (b), 11 (d), 12(3) and 15-1 and under the Rules and Regulations, being quasi-judicial orders, that are subject matter of appeal uls.l 5T- Securities Laws (Amendment) Act, 1995. Administrative law - Administrative order and Quasi-judicial E order - Distinction between - Discussed. …
Supreme Court of India7 Mar 2017Full text
2017 INSC 205 · [2017] 2 S.C.R. 889
Allowing the appeal and remanding the case to trial court, the Court G HELD: 1.1 The High Court was of the view 'that it was obligatory upon the appellant. (plaintifl) to prove his title by examining his vendor and since it was .not done, the decree pass~d by the Trial Court in plaintiff's favour was not legally sustai…
Supreme Court of India7 Mar 2017Full text
2017 INSC 204 · [2017] 2 S.C.R. 107
108 SUPREME COURT REPORTS [2017] 2 S.C.R. A Ugra Shankar Prasad, Adv. for the appellant. A. K. Singla, Sr. Adv., Ms. Manjula Gupta, Ms. Pooja Singh, Advs. for the respondent. The Judgment of the Court was delivered by B ABHAY MANO HAR SAPRE, J. I. This appeal is filed by the appellant( defendant) against the final judg…
Supreme Court of India6 Mar 2017Full text
2017 INSC 202 · [2017] 2 S.C.R. 610
Dismissing the appeal, the Court HELD: 1. The filing of the suit for specific performance ()f C an agreement/contract is governed by Section 16(c) of the Specific Relief Act, 1963 read with Article 54 of the Schedule to the Limitation Act, 1963. Form Nos. 47 and 48 of Appendix' A' to Code of Civil Procedure, 1908 presc…
Supreme Court of India3 Mar 2017Full text
2017 INSC 201 · [2017] 4 S.C.R. 99
HELD: 1. An application for review lias to be disposed of as expeditiously as possible. It is the duty of the Registry of every High Court to place the matter before the concerned Judge/llench F so that the revi.ew application can be dealt with in quite promptitude. If a notice is required to be is~ued to the. opposite…
Supreme Court of India2 Mar 2017Full text
2017 INSC 198 · [2017] 3 S.C.R. 574
FIR: E Evidentiary value of - FIR is not an encyclopaedia - If necessary details are there, on its basis detailed narration by the witnesses cannot be doubted. Dismissing the appeal, the Court HELD: 1. The trial court committed grave error by F accepting the defence case that the deceased might have died of the injurie…
Supreme Court of India1 Mar 2017Full text
2017 INSC 197 · [2017] 2 S.C.R. 41
WITH C. A. NO. 3424 OF 20…
Supreme Court of India1 Mar 2017Full text
2017 INSC 196 · [2017] 4 S.C.R. 421
Disposing of the appeal and remitting the matter to High E Court, the Court HELD: The High Court has clearly erred in reaching to the conclusion that the appellant was a minor at the time of her marriage, whereas the appellant has categorically stated that she was above 18 years old on the date of marriage. It is an ad…
Supreme Court of India1 Mar 2017Full text
2017 INSC 195 · [2017] 2 S.C.R. 33
Constitution of India: Art. 226 - Jurisdiction under - Scope of - Held: High Court does not have jurisdiction to re-appreciate the evidence. F Allowing the appeal, the Court HELD: 1. It is a well-settled principle that the High Court will not re~appreciate the evidence but will only see whether there is evidence in sup…
Supreme Court of India1 Mar 2017Full text
2017 INSC 194 · [2017] 4 S.C.R. 365
[2017] 4 S.C.R. 365 N PARAMESWARAN UNNI A v. G KANNAN AND ANOTHER (Criminal Appeal No. 455 of 2006) MARCH OJ, 2017 B [N. V. RAMANA AND PRAFULLA C. PANT, JJ.] Negotiable Instruments Act, 1881 - s.138 rlw. s.142 -Dishonour of cheque - First notice served within time - Second notice issued beyond limitation period - Effec…
Supreme Court of India1 Mar 2017Full text
2017 INSC 193 · [2017] 2 S.C.R. 95
Respondent granted the premises in question to the petitioner under a conducting agreement for carrying on the business oflaundry. Suit for G recovery of possession was filed by landlord. Trial Court decreed the suit. In First Appeal, Single Judge of High Court directed the tenant to vacate the premises and on the basi…
Supreme Court of India28 Feb 2017Full text
2017 INSC 190 · [2017] 2 S.C.R. 84
E Criminal Trial: Motive - Evidentiary value of - Held: Where there is direct evidence, motive does not have to be established. Allowing the appeal, the Court F HELD: 1. PW-1 has nncqnivocally stated both in his complaint and in evidence tendered before the Conrt, which has) not been shaken in cross, that the five accu…
Supreme Court of India4 Jan 2017Full text
2017 INSC 19 · [2017] 1 S.C.R. 108
s. 34 - Co111111on intention - Applicability of s. 34 - Held: H 108 V!JENDRA SINGH v. STATE OF UTTAR PRADESH 109 Applicability of s. 3./ is a question of fact and is to be ascertained A from the evidence brought on record - Common intention can be conceived immediately or at the time of offence and is determined on the…
Supreme Court of India28 Feb 2017Full text
2017 INSC 189 · [2017] 4 S.C.R. 591
- Contract Act, 1872 - s. 158 - Bills of Lading Act, 1856 - s. J. Plea: New plea - Raising of - Jn Supreme Court - Permissibility -Held: A pure and substantial question of law cannot be barred from D being raised for the first time. · Words and Phrases: 'Demurrage' - Meaning of 'Bailment' - Meaning of E Partly allowing…
Supreme Court of India23 Mar 2017Full text
2017 INSC 188 · [2017] 3 S.C.R. 698
WITH C. A. Nos. 7552-7554 of2008. c S.B. Upadhyay, Sr. Adv., Pawan Upadhyay, Mrs. Anish Upadhyay, P. Mishra, Nishan Kumar, Ms. Sharmila Upadhyay, Syed Ali,Ahmad, Syed Tanweer Ahmad, S.S. Bandyopadhyay, Mohan Pandey, Ms. Daisy Hannah, Shekhar Kumar, Adv.s. for the appearing parties. The Judgment of the Court was deliver…
Supreme Court of India28 Feb 2017Full text
2017 INSC 187 · [2017] 2 S.C.R. 89
Dismissing the appeal, the Court HELD: The High Court judgment cannot be characterized as perverse. Being an appeal against acquittal, it is difficult to say that the view of the High Court is not a possible view. In the present case, the motive for the crime has not been sufficiently E made out. Indeed, the Sessions C…
Supreme Court of India28 Feb 2017Full text
2017 INSC 186 · [2017] 2 S.C.R. 27
Sentence/Sentencing: Conviction uls. 307 rlw s. 34 !PC - Sentenced to three years imprisonment - Plea to reduce the sentence to the period already Fundergone i.e. about 2 years - Held: The accused got away very lightly - Undue sympathy leading to inadequate sentence would do more harm to the justice system and would un…
Also on Law on Tips: Bare Acts · Legal news and analysis