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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.
2,621–2,640 · Page 132 of 382
Supreme Court of India7 Dec 2017Full text
2017 INSC 1200 · [2017] 12 S.C.R. 123
Allowing the appeal, the Court HELD: 1. At the stage of summoning the accused on the F basis of a private complaint, all that is required is a satisfaction by the Magistrate that there is sufficient ground to proceed against the accused in the light of the records made available and the evidence adduced by the complain…
Supreme Court of India3 Jan 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.
2,621–2,640 · Page 132 of 382
Supreme Court of India7 Dec 2017Full text
2017 INSC 1200 · [2017] 12 S.C.R. 123
Allowing the appeal, the Court HELD: 1. At the stage of summoning the accused on the F basis of a private complaint, all that is required is a satisfaction by the Magistrate that there is sufficient ground to proceed against the accused in the light of the records made available and the evidence adduced by the complain…
Supreme Court of India3 Jan 2017Full text
2017 INSC 12 · [2017] 1 S.C.R. 401
Issuing directions, the Court HELD: 1. Legislative ~banges to provide ror expeditious disposal of proceedings before tbc Debt Recovery Tr.ibunals may not by themselves achieve the intended object so long as the Ginfrastructure provided to the Tribunals is not commensurate with the burden of the work and nature of judic…
Supreme Court of India7 Dec 2017Full text
2017 INSC 1198 · [2017] 12 S.C.R. 1083
Dismissing the appeals filed by the Department, the Court HELD: 1. The object of introducing the necessary amendments in the Bombay Entertainments Duty Act to effectuate G the aforesaid subsidy scheme was first done by way of an ordinance before 4th December, 2001, which ultimately became part of an Amendment Act. The …
Supreme Court of India6 Dec 2017Full text
2017 INSC 1196 · [2017] 12 S.C.R. 1044
1046 SUPREME COURT REPORTS [2017] 12 S.C.R. A Thus the earlier enactment which is a special enactment has a · non-obstante clause and the latter enactment which is not a special enactment as far as landlord-tenant issue is concerned and the same docs not have a non-obsta11te clause and in fact, has a section namely Sec…
Supreme Court of India6 Dec 2017Full text
2017 INSC 1195 · [2017] 13 S.C.R. 230
(2017] 13 S.C.R. 230 A PRATEEK GUPTA v. SHILPY GUPTA & ORS. (Criminal Appeal No. 968 of2017) B DECEMBER 06, 2017 [DIPAK MISRA, CJI AND AMITAVA ROY, J.] Child and Family Welfare: Custody of child - Principles of "comity of courts". "intimate contact"' and "'closest concern"' -c Invocation of - Held: Invocation of these …
Supreme Court of India6 Dec 2017Full text
2017 INSC 1193 · [2017] 14 S.C.R. 437
[2017] 14 S.C.R. 437 SMT. SYED SUGARA ZAIDI A v. LAEEQ AHMAD (DEAD) THROUGH LRS. & ORS. (Civil Appeal No. 20915 of2017) DECEMBER06,2017 B [KURIAN JOSEPH AND R. BANUMATHl, JJ.} Rent Control and Eviction: Uttar Pradesh Urban Buildings (Regulation of Letting. Rent and Eviction) Act. 1972 - Non-renewal of rent agreement - …
Supreme Court of India6 Dec 2017Full text
2017 INSC 1191 · [2017] 12 S.C.R. 1073
WITH C. A. Nos. 3714, 3709, 3705, 3699, 37! i and 3702 of2009. J itendra Mohan Sharma, Sr. Adv., Anupam Lal Das, Anirudh Singh, B Ashok Kumar Sharma, Ms. Bandana Singh, Deepak Jyoti Ghildiyal, Vikal Mudgal, Pravcen Chaturvedi, Advs. for the Appellants. M. R. Shamshad, Sanjay Kumar Tyagi, Aviral Saxena, Dhawal Uniyal Vi…
Supreme Court of India5 Dec 2017Full text
2017 INSC 1184 · [2017] 12 S.C.R. 79
[2017) 12 S.C.R. 79 KAMALAKHYA DEY PURKAYASTHA AND ORS. A v. UNION OF INDIA AND ORS . . (Writ Petition (Civil) No. 10~0 of2017) DECEMBER 05, 2017 B [RANJAN GOGOi AND R. F. NARIMAN, JJ.] Citizenship (Registratio11 of Citizens and Issues of National lde11tity Cards) Rules, 2003 - Schedule (Special Provisions as to man11e…
Supreme Court of India8 Feb 2017Full text
2017 INSC 118 · [2017] 2 S.C.R. 407
H 407 408 SUPREME COURT REPORTS [2017) 2 S.C.R. A CIVIL ORIGINAL JURISDICTION: I. A. Nos. 42, 43, 50-51 & 52-53 in Writ Petition (Civil) No. 328 of2002 Under Article 32 of the Constitution of India WITH B SLP. (C) No. 7663 of 20 I 6. Mukul Rohatgi, AG., P. S. Patwalia, Tushar Mehta, ASGs, S. S. Shamshery, AAG., A. K. G…
Supreme Court of India5 Dec 2017Full text
2017 INSC 1179 · [2017] 12 S.C.R. 58
' Partly allowing the appeals, the Court HELD: 1.1 The invalidation or the certificate issued by the G Secretary or the Village Panchayat and countersigned by the local revenue official in respect of females who have migrated to other villages after marriage or such certificates issued by jurisdictional circle officers…
Supreme Court of India5 Dec 2017Full text
2017 INSC 1176 · [2017] 12 S.C.R. 67
68 SUPREME COURT REPORTS [2017] 12 S.C.R. A and also before the High Court, first respondent was not right in approaching MSMEDF Council - Award passed by MSMEDF Council, as affirmed by District Court and also by High Court not sustainable - Micro, Small and Medium Enterprises Development Act, 2006. B Allowing the appe…
Supreme Court of India5 Dec 2017Full text
2017 INSC 1175 · [2017] 14 S.C.R. 456
(2017] 14 S.C.R. 456 A B. SUNITHA v. THE STATE OF TELENGANA & ANR. (Criminal Appeal No. 2068 of 2017) B DECEMBER 05, 2017. [ADARSH KUMAR GOEL AND UDAY UMESH LALIT, JJ.] Negotiable Instruments Act. 1881 - s.138 - Dishonour of cheque alleged to be issued by the client to the advocate as C percentage of decretal amount fi…
Supreme Court of India5 Dec 2017Full text
2017 INSC 1173 · [2017] 12 S.C.R. 134
(2015) 3 sec 49 relied on Para 11 [1989] 1 SCR 665 relied on Para 12 [2016] 8 SCR 773 relied on Para 12 2014 (4) ArbLR 1 (SC) relied on Par.a 12 G CIVIL APPELLATE JURISDICTION: Civil Appeal No. 20885 of2017. H 136 SUPREME COURT REPORTS [2017] 12 S.C.R. A From the Judgment and Order dated 01.04.2015 of the High Court of…
Supreme Court of India5 Dec 2017Full text
2017 INSC 1172 · [2017] 12 S.C.R. 21
DY. COMMNR. OF LT., CIRCLE 11 (1) v. MIS. ACE MULTI 23 AXES SYSTEMS LTD. 1.5 There is no difference in the situation where the A assessee, is not initially eligible, or where. the assessee though initially eligible loses ·the qualification of eligibililty in subsequent assessment years. In both such situations, princip…
Supreme Court of India5 Dec 2017Full text
2017 INSC 1171 · [2017] 12 S.C.R. 52
Trideep Pais, Pranav Jain, Ms. Sanya Sud, Ms. Anjana Chandrashekar, Ad vs for the Appellant. B Ankolekar Gurudatta, Tomy Chacko, Shantha Kumar Mahale, Rajesh Mahale, Advs for the Respondents. The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. This appeal is filed by C defendant No. I against the fina…
Supreme Court of India5 Dec 2017Full text
2017 INSC 1170 · [2017] 12 S.C.R. 44
- Transfer of Property Act, 1882 - s.54 - Specific relief. G Limitation - Plea of - Mixed question of fact and law - Plea of appellant that the suit filed by the respondent was barred by limitation - Held: Plea relating to limitation being a mixed question of law and fact, the same could not have been examined, for the…
Supreme Court of India7 Feb 2017Full text
2017 INSC 117 · [2017] 1 S.C.R. 687
ORDER 1. Application for non-disclosure ofnames and detail of petitioner No. (and 2 is allowed. 2. The. P-etitioner No. 1- Mrs.Xis about 22 years' old.· She has D approached this Court under Artilce 32 of the Constitution oflndia seeking directions'to the respondents to allow her to undergo medical termination of her p…
Supreme Court of India4 Dec 2017Full text
2017 INSC 1168 · [2017] 12 S.C.R. 9
10 . SUPREME COURT REPORTS [2017] 12 S.C.R. A court to proceed _with the case in qc~ordance with law - Penal Code, 1860 - ss.499, ~00, 501, 502. .· . " . Allowing _the apP,e~, the ~ou~t .· .· . , ' . -· . -, .. ·.·. ., ' HELD: 1.1 The essence of publication in the context of Section 499 is communication of defamatory i…
Supreme Court of India4 Dec 2017Full text
2017 INSC 1166 · [2017] 12 S.C.R. 1
2 SUPREME COURT REPORTS [2017] 12 S.C.R. A legal right of the litigant. The jurisdiction of the first Appellate Court while hearing the first appeal is very wide like that of the Trial Court and it is open to the appellant to attack all findings of fact or/and of law in first appeal. It is the duty of the first Appella…
Supreme Court of India30 Nov 2017Full text
2017 INSC 1161 · [2017] 11 S.C.R. 74
Allowing the appeal, the Court HELD: l. When the plaintiff files an application under Order XXIII Ruic 1 CPC and prays for permission to withdraw the suit, whether in full or part, he is always at liberty to do so and in such F case, the defendant has no right to raise any objection to such prayer being made by the pla…
Also on Law on Tips: Bare Acts · Legal news and analysis
2017 INSC 12 · [2017] 1 S.C.R. 401
Issuing directions, the Court HELD: 1. Legislative ~banges to provide ror expeditious disposal of proceedings before tbc Debt Recovery Tr.ibunals may not by themselves achieve the intended object so long as the Ginfrastructure provided to the Tribunals is not commensurate with the burden of the work and nature of judic…
Supreme Court of India7 Dec 2017Full text
2017 INSC 1198 · [2017] 12 S.C.R. 1083
Dismissing the appeals filed by the Department, the Court HELD: 1. The object of introducing the necessary amendments in the Bombay Entertainments Duty Act to effectuate G the aforesaid subsidy scheme was first done by way of an ordinance before 4th December, 2001, which ultimately became part of an Amendment Act. The …
Supreme Court of India6 Dec 2017Full text
2017 INSC 1196 · [2017] 12 S.C.R. 1044
1046 SUPREME COURT REPORTS [2017] 12 S.C.R. A Thus the earlier enactment which is a special enactment has a · non-obstante clause and the latter enactment which is not a special enactment as far as landlord-tenant issue is concerned and the same docs not have a non-obsta11te clause and in fact, has a section namely Sec…
Supreme Court of India6 Dec 2017Full text
2017 INSC 1195 · [2017] 13 S.C.R. 230
(2017] 13 S.C.R. 230 A PRATEEK GUPTA v. SHILPY GUPTA & ORS. (Criminal Appeal No. 968 of2017) B DECEMBER 06, 2017 [DIPAK MISRA, CJI AND AMITAVA ROY, J.] Child and Family Welfare: Custody of child - Principles of "comity of courts". "intimate contact"' and "'closest concern"' -c Invocation of - Held: Invocation of these …
Supreme Court of India6 Dec 2017Full text
2017 INSC 1193 · [2017] 14 S.C.R. 437
[2017] 14 S.C.R. 437 SMT. SYED SUGARA ZAIDI A v. LAEEQ AHMAD (DEAD) THROUGH LRS. & ORS. (Civil Appeal No. 20915 of2017) DECEMBER06,2017 B [KURIAN JOSEPH AND R. BANUMATHl, JJ.} Rent Control and Eviction: Uttar Pradesh Urban Buildings (Regulation of Letting. Rent and Eviction) Act. 1972 - Non-renewal of rent agreement - …
Supreme Court of India6 Dec 2017Full text
2017 INSC 1191 · [2017] 12 S.C.R. 1073
WITH C. A. Nos. 3714, 3709, 3705, 3699, 37! i and 3702 of2009. J itendra Mohan Sharma, Sr. Adv., Anupam Lal Das, Anirudh Singh, B Ashok Kumar Sharma, Ms. Bandana Singh, Deepak Jyoti Ghildiyal, Vikal Mudgal, Pravcen Chaturvedi, Advs. for the Appellants. M. R. Shamshad, Sanjay Kumar Tyagi, Aviral Saxena, Dhawal Uniyal Vi…
Supreme Court of India5 Dec 2017Full text
2017 INSC 1184 · [2017] 12 S.C.R. 79
[2017) 12 S.C.R. 79 KAMALAKHYA DEY PURKAYASTHA AND ORS. A v. UNION OF INDIA AND ORS . . (Writ Petition (Civil) No. 10~0 of2017) DECEMBER 05, 2017 B [RANJAN GOGOi AND R. F. NARIMAN, JJ.] Citizenship (Registratio11 of Citizens and Issues of National lde11tity Cards) Rules, 2003 - Schedule (Special Provisions as to man11e…
Supreme Court of India8 Feb 2017Full text
2017 INSC 118 · [2017] 2 S.C.R. 407
H 407 408 SUPREME COURT REPORTS [2017) 2 S.C.R. A CIVIL ORIGINAL JURISDICTION: I. A. Nos. 42, 43, 50-51 & 52-53 in Writ Petition (Civil) No. 328 of2002 Under Article 32 of the Constitution of India WITH B SLP. (C) No. 7663 of 20 I 6. Mukul Rohatgi, AG., P. S. Patwalia, Tushar Mehta, ASGs, S. S. Shamshery, AAG., A. K. G…
Supreme Court of India5 Dec 2017Full text
2017 INSC 1179 · [2017] 12 S.C.R. 58
' Partly allowing the appeals, the Court HELD: 1.1 The invalidation or the certificate issued by the G Secretary or the Village Panchayat and countersigned by the local revenue official in respect of females who have migrated to other villages after marriage or such certificates issued by jurisdictional circle officers…
Supreme Court of India5 Dec 2017Full text
2017 INSC 1176 · [2017] 12 S.C.R. 67
68 SUPREME COURT REPORTS [2017] 12 S.C.R. A and also before the High Court, first respondent was not right in approaching MSMEDF Council - Award passed by MSMEDF Council, as affirmed by District Court and also by High Court not sustainable - Micro, Small and Medium Enterprises Development Act, 2006. B Allowing the appe…
Supreme Court of India5 Dec 2017Full text
2017 INSC 1175 · [2017] 14 S.C.R. 456
(2017] 14 S.C.R. 456 A B. SUNITHA v. THE STATE OF TELENGANA & ANR. (Criminal Appeal No. 2068 of 2017) B DECEMBER 05, 2017. [ADARSH KUMAR GOEL AND UDAY UMESH LALIT, JJ.] Negotiable Instruments Act. 1881 - s.138 - Dishonour of cheque alleged to be issued by the client to the advocate as C percentage of decretal amount fi…
Supreme Court of India5 Dec 2017Full text
2017 INSC 1173 · [2017] 12 S.C.R. 134
(2015) 3 sec 49 relied on Para 11 [1989] 1 SCR 665 relied on Para 12 [2016] 8 SCR 773 relied on Para 12 2014 (4) ArbLR 1 (SC) relied on Par.a 12 G CIVIL APPELLATE JURISDICTION: Civil Appeal No. 20885 of2017. H 136 SUPREME COURT REPORTS [2017] 12 S.C.R. A From the Judgment and Order dated 01.04.2015 of the High Court of…
Supreme Court of India5 Dec 2017Full text
2017 INSC 1172 · [2017] 12 S.C.R. 21
DY. COMMNR. OF LT., CIRCLE 11 (1) v. MIS. ACE MULTI 23 AXES SYSTEMS LTD. 1.5 There is no difference in the situation where the A assessee, is not initially eligible, or where. the assessee though initially eligible loses ·the qualification of eligibililty in subsequent assessment years. In both such situations, princip…
Supreme Court of India5 Dec 2017Full text
2017 INSC 1171 · [2017] 12 S.C.R. 52
Trideep Pais, Pranav Jain, Ms. Sanya Sud, Ms. Anjana Chandrashekar, Ad vs for the Appellant. B Ankolekar Gurudatta, Tomy Chacko, Shantha Kumar Mahale, Rajesh Mahale, Advs for the Respondents. The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. This appeal is filed by C defendant No. I against the fina…
Supreme Court of India5 Dec 2017Full text
2017 INSC 1170 · [2017] 12 S.C.R. 44
- Transfer of Property Act, 1882 - s.54 - Specific relief. G Limitation - Plea of - Mixed question of fact and law - Plea of appellant that the suit filed by the respondent was barred by limitation - Held: Plea relating to limitation being a mixed question of law and fact, the same could not have been examined, for the…
Supreme Court of India7 Feb 2017Full text
2017 INSC 117 · [2017] 1 S.C.R. 687
ORDER 1. Application for non-disclosure ofnames and detail of petitioner No. (and 2 is allowed. 2. The. P-etitioner No. 1- Mrs.Xis about 22 years' old.· She has D approached this Court under Artilce 32 of the Constitution oflndia seeking directions'to the respondents to allow her to undergo medical termination of her p…
Supreme Court of India4 Dec 2017Full text
2017 INSC 1168 · [2017] 12 S.C.R. 9
10 . SUPREME COURT REPORTS [2017] 12 S.C.R. A court to proceed _with the case in qc~ordance with law - Penal Code, 1860 - ss.499, ~00, 501, 502. .· . " . Allowing _the apP,e~, the ~ou~t .· .· . , ' . -· . -, .. ·.·. ., ' HELD: 1.1 The essence of publication in the context of Section 499 is communication of defamatory i…
Supreme Court of India4 Dec 2017Full text
2017 INSC 1166 · [2017] 12 S.C.R. 1
2 SUPREME COURT REPORTS [2017] 12 S.C.R. A legal right of the litigant. The jurisdiction of the first Appellate Court while hearing the first appeal is very wide like that of the Trial Court and it is open to the appellant to attack all findings of fact or/and of law in first appeal. It is the duty of the first Appella…
Supreme Court of India30 Nov 2017Full text
2017 INSC 1161 · [2017] 11 S.C.R. 74
Allowing the appeal, the Court HELD: l. When the plaintiff files an application under Order XXIII Ruic 1 CPC and prays for permission to withdraw the suit, whether in full or part, he is always at liberty to do so and in such F case, the defendant has no right to raise any objection to such prayer being made by the pla…
Also on Law on Tips: Bare Acts · Legal news and analysis