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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.
2,661–2,680 · Page 134 of 382
Supreme Court of India23 Nov 2017Full text
2017 INSC 1135 · [2017] 11 S.C.R. 1118
- Held: Circular dated 9.2.2011 would apply even to pending matters but subject to the two caveats provided in order passed by D a three-Judge Bench of Supreme Court in Surya Herbal case - The two caveats are: (i) Circular dated 9.2.2011 should not be applied by High Courts ipso facto when the matter has a cascading ef…
Supreme Court of India23 Nov 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.
2,661–2,680 · Page 134 of 382
Supreme Court of India23 Nov 2017Full text
2017 INSC 1135 · [2017] 11 S.C.R. 1118
- Held: Circular dated 9.2.2011 would apply even to pending matters but subject to the two caveats provided in order passed by D a three-Judge Bench of Supreme Court in Surya Herbal case - The two caveats are: (i) Circular dated 9.2.2011 should not be applied by High Courts ipso facto when the matter has a cascading ef…
Supreme Court of India23 Nov 2017Full text
2017 INSC 1132 · [2017] 11 S.C.R. 92
- Writ petition by respondent-instillllion - High Court directed Central Government to reconsider the issue of letter of permission granted to the institutir,m - Cemral Government by its order dated 19.08.2017 confirmed its order dated 31.05.2017 - Writ petition 11/Art. 32 by D the inslitutiof/ - Petition withdrawn wit…
Supreme Court of India22 Nov 2017Full text
2017 INSC 1130 · [2017] 14 S.C.R. 369
369 370 SUPREME COURT REPORTS [2017] 14 S.C.R. A ss.1(3) and 48(2)-Defence of India Ordinance (4of1962)-Defence of b1dia Ordinance (6 of 1962). Defence of India Rules, 19112- Rules repealed by 1968 Ordinance- s.117 of the Ordinance providing for the consequences of such repeal declared that s.6, 1897 Act would apply- E…
Supreme Court of India7 Feb 2017Full text
2017 INSC 113 · [2017] 1 S.C.R. 897
Allowing the appeal, the Court HELD: 1. The legislations made for dealing with such H 897 898 SUPREME COURT REPORTS [2017] I S.C.R. .A landlord-tenant disputes were pro-tenant as the court tends to bend towards the tenant in order to do justice with the tenant; but in the process of doing justice, the Court cannot be o…
Supreme Court of India22 Nov 2017Full text
2017 INSC 1129 · [2017] 11 S.C.R. 28
(2017] l l S.C.R. 28 A RATANLAL @ BABULAL CHUNILAL SAMSUKA v. SUNDARABAIGOVARDHANDASSAMSUKA(D)TH.LRS.& ORS. B (Civil Appeal No. 6378 of2013) NOVEMBER 22, 2017 [N. V. RAMANA AND AMITAVA ROY, JJ.] Hindu Adoption and Maintenance Act, 1956: C ss.2(a), 3 and JO - Adoption - Of a married man aged 32 years - Challenged - Held…
Supreme Court of India20 Nov 2017Full text
2017 INSC 1126 · [2017] 12 S.C.R. 344
- Judgments of First Appellate Court and Trial Court are restored -Transfer of Property Act, 1882 - Adverse possession. G Practice and Procedure - Pleadings - Held: Parties to the suit cannot travel beyond the pleadings - Court also cannot record any finding on the issues which are not part of pleadings - Court has to …
Supreme Court of India17 Nov 2017Full text
2017 INSC 1124 · [2017] 11 S.C.R. 179
1.2 The expression "proved", "disproved" and "not proved", lays down the standard of proof, about the existence or D non-existence of the circumstances from the point of view of a prudent man, so much so that while adopting the said requirement, as an appropriate concrete standard to measure "prool'', full effect has t…
Supreme Court of India16 Nov 2017Full text
2017 INSC 1123 · [2017] 12 S.C.R. 353
Case Law Reference G [1996) 3 SCR 510 referred to Paras CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 19501-19503 of2017. H 353 354 SUPREME COURT REPORTS [2017] 12 S.C.R. A From the final Judgment and Order dated 01.05.2014 of the High Court of Gujarat atAhmedabad in First Appeal No.234 of2012 and First Appeal No.215…
Supreme Court of India16 Nov 2017Full text
2017 INSC 1122 · [2017] 11 S.C.R. 1036
Midnapore Peoples' Coop. Bank Ltd. and Others v. F Chunilal Nanda and Others (2006) S SCC 399 : (2006] 2 Suppl. SCR 986 - relied on. R.N. Dey and Others v. Bhagyabati Pramanik and Others (2000) 4 SCC 400 : [2000] 3 SCR 172 ; Tamilnad Mercantile Bank Shareholders Welfare Association (2) v. S.C. Sekar and Others (2009) 2…
Supreme Court of India15 Nov 2017Full text
2017 INSC 1119 · [2017] 14 S.C.R. 202
[2017) 14 S.C.R. 202 A DELHI METRO RAIL CORPORATION LTD. v. TARUN PAL SINGH & ORS. (Civil Appeal No. 19356 of 2017) B NOVEMBER 15,2017 (ARUN MISHRA AND MOHAN M. SHANTANAGOUDAR, JJ.) Right to Fair Compensation and Transparency in Land C Acquisition, Rehabilitation and Resettlement Act, 2013: ss. 24(J)(b) and proviso to …
Supreme Court of India15 Nov 2017Full text
2017 INSC 1115 · [2017] 11 S.C.R. 1019
1020 SUPREME COURT REPORTS [2017] 11 S.C.R. A Partly allowing the appeals, the Court HELD: 1.1 Both the cases in question, i.e. (L.G.C. Nos.41/ 1994 and 50/2004) are remanded to Special Court for their disposal afresh on merits in accordance with law. The need to remand both the LGCs to the Special Court is considered …
Supreme Court of India15 Nov 2017Full text
2017 INSC 1114 · [2017] 14 S.C.R. 424
F Code of Criminal Procedure, 1973- s.482-Jnherent powers of Court - Scope of - Discussed. Disposing of the matters, the Court HELD: 1.1 There appeared no justifiable reason for the High Court to quash the five FlRs by taking recourse to the G inherent powers under Section 482 of the Code of Criminal Procedure, 1973. […
Supreme Court of India14 Nov 2017Full text
2017 INSC 1113 · [2017] 11 S.C.R. 247
WITH Contempt Petition (C) No. 11 of2017 in SLP (C) No. 19765 of 2015@ SLP(C)Nos.19765-19767of2015 E Contempt Petition (C) No. 13 of 2017 in SLP (C) No. 19767 of 2015@ SLP(C) Nos. 19765-19767 of2015 C.A. Nos. 5247.11817, 11816, 11820, 11822-11825, 11837-11840, 11842-11845. 11829-11832, 11847-11850, II 828 of2016 F C.A.…
Supreme Court of India14 Nov 2017Full text
2017 INSC 1112 · [2017] 13 S.C.R. 189
- Thereafter, the Chief Justice constituted 3-Judge Bench to hear the matter on 13.11.2017 - Plea was taken by petitioner that order dated 9.11.2017 (a/locating the matter to 5 senior most Judges) could have been passed under Art.142 of the Constitution and the H 189 190 SUPREME COURT REPORTS [2017] 13 S.C.R. A order d…
Supreme Court of India14 Nov 2017Full text
2017 INSC 1111 · [2017] 11 S.C.R. 195
- High Court rightly cancelled the bail granted by Sessions Court. F Grant of bail - Interference with - By High Court -Permissibility - Held: Sessions Court grants bail in exercise of its discretion - Such discretion normally not be interfered with by High court - But can i11te1fere, if the bail order suffers from ser…
Supreme Court of India14 Nov 2017Full text
2017 INSC 1109 · [2017] 13 S.C.R. 477
mediately thereafter - Appellant accordingly now given H INDIAN OIL CORPORATION LIMITED v. STATE OF BIHAR 479 opportunity to approach the Appellate Tribunal wiih all relevant A materials in this behalf: and Tribunal to render its finding as to how mu…
Supreme Court of India14 Nov 2017Full text
2017 INSC 1107 · [2017] 13 S.C.R. 226
ORDER 1. The selection of District & Sessions Judges in the Kerala Higher Judicial Service in the year 2015 has given rise to this litigation. As per the Notification dated 30.9.2015 the selection was to be conducted by B written exan)ination and viva-voce. The written examination of two papers carried 300 marks (150 m…
Supreme Court of India13 Nov 2017Full text
2017 INSC 1105 · [2017] 11 S.C.R. 122
F Dismissing the appeal, the Court HELD: 1.1 The reasoning and the conclusion of the High Court in acquitting the respondent of the charges under Section 307 !PC and Section 25(1-A) appears to be just and prnper and is concurred with and thus, does not call for any interference. [Para G 17][127-G-H] 1.2 The parties inv…
Supreme Court of India13 Nov 2017Full text
2017 INSC 1102 · [2017] 11 S.C.R. 13
Interpretation of Statutes: Legislative intent - Ascertainment of - Held: Court can interpret a provision so as to achieve the legislative intent when it is F absolutely necessary and where the intention is clear but the wordv used are eiiher inadequate or ambiguous - If there is no statutory expression of the intentio…
Supreme Court of India13 Nov 2017Full text
2017 INSC 1101 · [2017] 11 S.C.R. 138
Pradeep Kant, Sr. Adv., Divyanshu Sahay, Rohit Kumar Singh, Sanjay Goel, Advs. for the Appellant. H 140 SUPREME COURT REPORTS (2017] l l S.C.R. A Aarohi Bhalla, Ms. Sakshi Kakkar (for Ardhendumauli Prasad), Lav Kumar Agrawal, Kundan Kumar Lal, Advs. for the Respondents. The following Order of the Court was delivered: O…
Also on Law on Tips: Bare Acts · Legal news and analysis
2017 INSC 1132 · [2017] 11 S.C.R. 92
- Writ petition by respondent-instillllion - High Court directed Central Government to reconsider the issue of letter of permission granted to the institutir,m - Cemral Government by its order dated 19.08.2017 confirmed its order dated 31.05.2017 - Writ petition 11/Art. 32 by D the inslitutiof/ - Petition withdrawn wit…
Supreme Court of India22 Nov 2017Full text
2017 INSC 1130 · [2017] 14 S.C.R. 369
369 370 SUPREME COURT REPORTS [2017] 14 S.C.R. A ss.1(3) and 48(2)-Defence of India Ordinance (4of1962)-Defence of b1dia Ordinance (6 of 1962). Defence of India Rules, 19112- Rules repealed by 1968 Ordinance- s.117 of the Ordinance providing for the consequences of such repeal declared that s.6, 1897 Act would apply- E…
Supreme Court of India7 Feb 2017Full text
2017 INSC 113 · [2017] 1 S.C.R. 897
Allowing the appeal, the Court HELD: 1. The legislations made for dealing with such H 897 898 SUPREME COURT REPORTS [2017] I S.C.R. .A landlord-tenant disputes were pro-tenant as the court tends to bend towards the tenant in order to do justice with the tenant; but in the process of doing justice, the Court cannot be o…
Supreme Court of India22 Nov 2017Full text
2017 INSC 1129 · [2017] 11 S.C.R. 28
(2017] l l S.C.R. 28 A RATANLAL @ BABULAL CHUNILAL SAMSUKA v. SUNDARABAIGOVARDHANDASSAMSUKA(D)TH.LRS.& ORS. B (Civil Appeal No. 6378 of2013) NOVEMBER 22, 2017 [N. V. RAMANA AND AMITAVA ROY, JJ.] Hindu Adoption and Maintenance Act, 1956: C ss.2(a), 3 and JO - Adoption - Of a married man aged 32 years - Challenged - Held…
Supreme Court of India20 Nov 2017Full text
2017 INSC 1126 · [2017] 12 S.C.R. 344
- Judgments of First Appellate Court and Trial Court are restored -Transfer of Property Act, 1882 - Adverse possession. G Practice and Procedure - Pleadings - Held: Parties to the suit cannot travel beyond the pleadings - Court also cannot record any finding on the issues which are not part of pleadings - Court has to …
Supreme Court of India17 Nov 2017Full text
2017 INSC 1124 · [2017] 11 S.C.R. 179
1.2 The expression "proved", "disproved" and "not proved", lays down the standard of proof, about the existence or D non-existence of the circumstances from the point of view of a prudent man, so much so that while adopting the said requirement, as an appropriate concrete standard to measure "prool'', full effect has t…
Supreme Court of India16 Nov 2017Full text
2017 INSC 1123 · [2017] 12 S.C.R. 353
Case Law Reference G [1996) 3 SCR 510 referred to Paras CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 19501-19503 of2017. H 353 354 SUPREME COURT REPORTS [2017] 12 S.C.R. A From the final Judgment and Order dated 01.05.2014 of the High Court of Gujarat atAhmedabad in First Appeal No.234 of2012 and First Appeal No.215…
Supreme Court of India16 Nov 2017Full text
2017 INSC 1122 · [2017] 11 S.C.R. 1036
Midnapore Peoples' Coop. Bank Ltd. and Others v. F Chunilal Nanda and Others (2006) S SCC 399 : (2006] 2 Suppl. SCR 986 - relied on. R.N. Dey and Others v. Bhagyabati Pramanik and Others (2000) 4 SCC 400 : [2000] 3 SCR 172 ; Tamilnad Mercantile Bank Shareholders Welfare Association (2) v. S.C. Sekar and Others (2009) 2…
Supreme Court of India15 Nov 2017Full text
2017 INSC 1119 · [2017] 14 S.C.R. 202
[2017) 14 S.C.R. 202 A DELHI METRO RAIL CORPORATION LTD. v. TARUN PAL SINGH & ORS. (Civil Appeal No. 19356 of 2017) B NOVEMBER 15,2017 (ARUN MISHRA AND MOHAN M. SHANTANAGOUDAR, JJ.) Right to Fair Compensation and Transparency in Land C Acquisition, Rehabilitation and Resettlement Act, 2013: ss. 24(J)(b) and proviso to …
Supreme Court of India15 Nov 2017Full text
2017 INSC 1115 · [2017] 11 S.C.R. 1019
1020 SUPREME COURT REPORTS [2017] 11 S.C.R. A Partly allowing the appeals, the Court HELD: 1.1 Both the cases in question, i.e. (L.G.C. Nos.41/ 1994 and 50/2004) are remanded to Special Court for their disposal afresh on merits in accordance with law. The need to remand both the LGCs to the Special Court is considered …
Supreme Court of India15 Nov 2017Full text
2017 INSC 1114 · [2017] 14 S.C.R. 424
F Code of Criminal Procedure, 1973- s.482-Jnherent powers of Court - Scope of - Discussed. Disposing of the matters, the Court HELD: 1.1 There appeared no justifiable reason for the High Court to quash the five FlRs by taking recourse to the G inherent powers under Section 482 of the Code of Criminal Procedure, 1973. […
Supreme Court of India14 Nov 2017Full text
2017 INSC 1113 · [2017] 11 S.C.R. 247
WITH Contempt Petition (C) No. 11 of2017 in SLP (C) No. 19765 of 2015@ SLP(C)Nos.19765-19767of2015 E Contempt Petition (C) No. 13 of 2017 in SLP (C) No. 19767 of 2015@ SLP(C) Nos. 19765-19767 of2015 C.A. Nos. 5247.11817, 11816, 11820, 11822-11825, 11837-11840, 11842-11845. 11829-11832, 11847-11850, II 828 of2016 F C.A.…
Supreme Court of India14 Nov 2017Full text
2017 INSC 1112 · [2017] 13 S.C.R. 189
- Thereafter, the Chief Justice constituted 3-Judge Bench to hear the matter on 13.11.2017 - Plea was taken by petitioner that order dated 9.11.2017 (a/locating the matter to 5 senior most Judges) could have been passed under Art.142 of the Constitution and the H 189 190 SUPREME COURT REPORTS [2017] 13 S.C.R. A order d…
Supreme Court of India14 Nov 2017Full text
2017 INSC 1111 · [2017] 11 S.C.R. 195
- High Court rightly cancelled the bail granted by Sessions Court. F Grant of bail - Interference with - By High Court -Permissibility - Held: Sessions Court grants bail in exercise of its discretion - Such discretion normally not be interfered with by High court - But can i11te1fere, if the bail order suffers from ser…
Supreme Court of India14 Nov 2017Full text
2017 INSC 1109 · [2017] 13 S.C.R. 477
mediately thereafter - Appellant accordingly now given H INDIAN OIL CORPORATION LIMITED v. STATE OF BIHAR 479 opportunity to approach the Appellate Tribunal wiih all relevant A materials in this behalf: and Tribunal to render its finding as to how mu…
Supreme Court of India14 Nov 2017Full text
2017 INSC 1107 · [2017] 13 S.C.R. 226
ORDER 1. The selection of District & Sessions Judges in the Kerala Higher Judicial Service in the year 2015 has given rise to this litigation. As per the Notification dated 30.9.2015 the selection was to be conducted by B written exan)ination and viva-voce. The written examination of two papers carried 300 marks (150 m…
Supreme Court of India13 Nov 2017Full text
2017 INSC 1105 · [2017] 11 S.C.R. 122
F Dismissing the appeal, the Court HELD: 1.1 The reasoning and the conclusion of the High Court in acquitting the respondent of the charges under Section 307 !PC and Section 25(1-A) appears to be just and prnper and is concurred with and thus, does not call for any interference. [Para G 17][127-G-H] 1.2 The parties inv…
Supreme Court of India13 Nov 2017Full text
2017 INSC 1102 · [2017] 11 S.C.R. 13
Interpretation of Statutes: Legislative intent - Ascertainment of - Held: Court can interpret a provision so as to achieve the legislative intent when it is F absolutely necessary and where the intention is clear but the wordv used are eiiher inadequate or ambiguous - If there is no statutory expression of the intentio…
Supreme Court of India13 Nov 2017Full text
2017 INSC 1101 · [2017] 11 S.C.R. 138
Pradeep Kant, Sr. Adv., Divyanshu Sahay, Rohit Kumar Singh, Sanjay Goel, Advs. for the Appellant. H 140 SUPREME COURT REPORTS (2017] l l S.C.R. A Aarohi Bhalla, Ms. Sakshi Kakkar (for Ardhendumauli Prasad), Lav Kumar Agrawal, Kundan Kumar Lal, Advs. for the Respondents. The following Order of the Court was delivered: O…
Also on Law on Tips: Bare Acts · Legal news and analysis