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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.
2,701–2,720 · Page 136 of 382
Supreme Court of India31 Oct 2017Full text
2017 INSC 1068 · [2017] 13 S.C.R. 100
Judgment per incuriam - A decision or judgment can be per incuriam any provision in a statute, rule or regulation, which was not brought to the notice of the court - A judgment can also be per incuriam if it is not possible to reconcile its ratio with that of a previously pronounced judgment of a co-equal or a larger B…
Supreme Court of India30 Oct 2017Full text
2017 INSC 1063 · [2017] 11 S.C.R. 979
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.
2,701–2,720 · Page 136 of 382
Supreme Court of India31 Oct 2017Full text
2017 INSC 1068 · [2017] 13 S.C.R. 100
Judgment per incuriam - A decision or judgment can be per incuriam any provision in a statute, rule or regulation, which was not brought to the notice of the court - A judgment can also be per incuriam if it is not possible to reconcile its ratio with that of a previously pronounced judgment of a co-equal or a larger B…
Supreme Court of India30 Oct 2017Full text
2017 INSC 1063 · [2017] 11 S.C.R. 979
- The complainant, father of the activis't dissatisfied with the investigation, approached High Court for directions for proper investigation - High Court transferred the case to CBI - When the trial took place, out of 195 witnesses examined, as many as 105 witnesses· turned hostile - Complainant approached High Court …
Supreme Court of India30 Oct 2017Full text
2017 INSC 1060 · [2017] 11 S.C.R. 399
SEDCO FOREX INTERNATIONAL INC. THR. IT'S 401 CONSTITUTED ATTORNEY v. CIT, MEERUT the said income would arise. Section 4 is the charging section A for levying a tax on the income of any person under the Act and provides that income-tax shall be levied at the rates provided by the Finance Act on the 'total income' of the…
Supreme Court of India27 Oct 2017Full text
2017 INSC 1058 · [2017] 10 S.C.R. 534
[2017] 10 S.C.R. 534 A BIJENDER & ORS. v. STATE OF HARYANA & ANR. (Civil Appeal No. 2846 of2017) B OCTOBER 27, 2017 [R. K. AGRAWAL AND ABHAY MANOHAR SAPRE, JJ.] Land Acquisition Act, 1894: ss. 4, 6 - Land acquisition - Determination of market rates -C Award of compensation - Enhancement - On facts, High Court upheld th…
Supreme Court of India27 Oct 2017Full text
2017 INSC 1057 · [2017] 10 S.C.R. 1128
G Allowing the appeal, the Court HELD: 1.1 The legislature, in the new Section 23, Specific Relief Act, 1963 explicitly provided that the mere naming of a certain amount which may sound in damages is not good enough by itself to non-suit a person seeking specific performance unless H 1128 KAMAL KANT JAIN v. SURINDER SI…
Supreme Court of India26 Oct 2017Full text
2017 INSC 1056 · [2017] 10 S.C.R. 261
[2017] 10 S.C.R. 261 SUNAINA SHARMA & ORS. A v. STATE OF JAMMUAND KASHMIR & ORS. (Civil Appeal Nos. 4594-4595 of2017) OCTOBER 26, 2017 B [MADAN B. LOKUR AND DEEPAK GUPTA, JJ.] Service Law: Promotion - Retrospective promotion -Promotees-Excise and Tax Officers seeking retrospective promotion from the dates when the vaca…
Supreme Court of India26 Oct 2017Full text
2017 INSC 1055 · [2017] 11 S.C.R. 746
Adverse Possession - Nature of the plea - Suit filed by appellants, inter alia for possession of the portion of the house occupied by the original defendant - Plea of adverse possession F set up by original defendant claiming to have been in possession of the house much prior to its purchase by appellants - Held: Plea …
Supreme Court of India26 Oct 2017Full text
2017 INSC 1054 · [2017] 10 S.C.R. 278
Polymat India (P) Ltd. & Am: v. National Insurance Co.· Ltd. & Ors. (2005) 9 SCC 174 : [2004] 6 Suppl. SCR 535 - referred to; H 280 SUPREME COURT REPORTS [2017] 10 S.C.R. A Case Law Reference [2004) 6 Suppl. SCR 535 referred to Para6 CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 4661 of2007 B From the Judgment and Or…
Supreme Court of India25 Oct 2017Full text
2017 INSC 1053 · [2017] 14 S.C.R. 115
5. However, the Commission is enjoined with powers to G issue appropriate orders in the interest of justice and for preventing abuse of process of the Commission, to the extent not otherwise provided for under the Act or Rules. In other words, the inherent power of the Commission is available to it for exercise only in…
Supreme Court of India25 Oct 2017Full text
2017 INSC 1052 · [2017] 14 S.C.R. 1
Allowing the appeal, the Court HELD: 1. Reading of Section 74 of the Indian Contract Act, 1872 would go to show that in or_der to forfeit the sum D ·deposited by the contracting party as "earnest money" or "security" for the due performance of the contract, it is necessary that the contract must contain a stipulation o…
Supreme Court of India25 Oct 2017Full text
2017 INSC 1051 · [2017] 10 S.C.R. 221
2. The. evidence available on record, did establish beyond reasonable doubt that the appellants' case was capable of being separated from other three accused with a view to find out their G role in the incident as against the other three accused. [Para 21) [227-A-B] 3. There was no motive on the part of the accused per…
Supreme Court of India24 Oct 2017Full text
2017 INSC 1050 · [2017] 10 S.C.R. 208
Code of Civil Procedure, 1908: F Or. 22 r.10 - Scope of - Held: Or.22 1: 10 enables only continuance of suit by leave of court - ft is the duty of the court to decide whether leave to be granted or not to the person or to the assignee to continue the suit - The discretion to implead or not to implead parties who apply …
Supreme Court of India3 Feb 2017Full text
2017 INSC 105 · [2017] 1 S.C.R. 604
P. N. Mishra, Sr. Adv., Sandeepan Pathak, C. D. Singh, Sanjay Kumar Visen, Advs. for the Respondents. C The Judgment of the Court was delivered by ' ASHOK BHUSHAN, J. I. Leave granted. 2. This appeal has been filed against the judgment and order dated 17'h July, 2014 of High Court of Judicature at Allahabad by which ju…
Supreme Court of India24 Oct 2017Full text
2017 INSC 1048 · [2017] 10 S.C.R. 157
157 158 SUPREME COURT REPORTS f2017] 10 S.C.R. A High Court not called for - Double Taxation Avoidance Agreement of 1990 - Arts.5, 7. Foreign assessee - Burden to prove PE - Held: The burden of proving the fact that a foreign assessee has a PE in India and must, therefore, suffer tax from the business generated from su…
Supreme Court of India24 Oct 2017Full text
2017 INSC 1046 · [2017] 10 S.C.R. 199
200 SUPREME COURT REPORTS [2017] 10 S.C.R. A the Act - Any such interpretation shall be completely contrary to the legislative intent, extending the Rules beyond what the Act provides for and limits - The exclusion of any provision for extension of time by the Tribunal in preferring an appeal under s.30 of the Act make…
Supreme Court of India24 Oct 2017Full text
2017 INSC 1045 · [2017] 10 S.C.R. 229
- ft can be interdicted by another order or by statutory intervention - By virtue of s. 6, until and unless r~lease order is passed and delivery of possession pursuant thereto takes place, the requisition F would continue - In the instant case, court had not quashed the order of requisition and has not ordered that on …
Supreme Court of India13 Oct 2017Full text
2017 INSC 1042 · [2017] 12 S.C.R. 724
[2017] 12 S.C.R. 724 A FEDERATION OF INDIAN MINERAL INDUSTRIES & ORS. v. UNION OF INDIA & ANR. (Transferred Case (Civil) No. 43 of2016) B OCTOBER 13, 2017 [MADAN B. LOKUR, SANJAY KISHAN KAUL AND DEEPAK GUPTA, JJ.] Mines and Minerals (Development and Regulation) Act, 1957: c s.98 and l 3(qqa) - Establishment of District…
Supreme Court of India13 Oct 2017Full text
2017 INSC 1041 · [2017] 14 S.C.R. 597
597 598 SUPREME COURT REPORTS [2017] 14 S.C.R. A s. 7 are neither ambiguous nor lead to two constructions - Wealth Tax Act, 1957 - s.7. Dismissing the appeals, the Court HELD: 1.1 The normal rule for valuing an asset for the purposes of Wealth Tax Act, 1957 is the estimated price which in B the opinion of Wealth Tax Of…
Supreme Court of India13 Oct 2017Full text
2017 INSC 1040 · [2017] 14 S.C.R. 618
[2017] 14 S.C.R. 618 A INDIAN YOUNG LAWYERS ASSOCIATION & ORS. v. STATE OF KER,ALA & ORS. (Writ Petition (C) No. 373 of2006) B OCTOBER 13,2017 [DIPAK MISRA, CJJ, R. BANUMATHI AND ASHOK BHUSHAN, JJ.) Re!igion/Religiou.1· Institutions - Gender Discrimination -C Exclusion of women from entering temple on basis of custom a…
Supreme Court of India3 Feb 2017Full text
2017 INSC 104 · [2017] 2 S.C.R. 491
Allowing the appeals, the Court G HELD: 1. While framing the charge, the substance of the allegation against the respondent was that he had granted a quarry licence to 'K' on three bigha area, total area of which comes to 52,272 Sq. ft. whereas, he was sanctioned 80,000 Sq.ft. Further allegation was that respondent per…
Also on Law on Tips: Bare Acts · Legal news and analysis
- The complainant, father of the activis't dissatisfied with the investigation, approached High Court for directions for proper investigation - High Court transferred the case to CBI - When the trial took place, out of 195 witnesses examined, as many as 105 witnesses· turned hostile - Complainant approached High Court …
Supreme Court of India30 Oct 2017Full text
2017 INSC 1060 · [2017] 11 S.C.R. 399
SEDCO FOREX INTERNATIONAL INC. THR. IT'S 401 CONSTITUTED ATTORNEY v. CIT, MEERUT the said income would arise. Section 4 is the charging section A for levying a tax on the income of any person under the Act and provides that income-tax shall be levied at the rates provided by the Finance Act on the 'total income' of the…
Supreme Court of India27 Oct 2017Full text
2017 INSC 1058 · [2017] 10 S.C.R. 534
[2017] 10 S.C.R. 534 A BIJENDER & ORS. v. STATE OF HARYANA & ANR. (Civil Appeal No. 2846 of2017) B OCTOBER 27, 2017 [R. K. AGRAWAL AND ABHAY MANOHAR SAPRE, JJ.] Land Acquisition Act, 1894: ss. 4, 6 - Land acquisition - Determination of market rates -C Award of compensation - Enhancement - On facts, High Court upheld th…
Supreme Court of India27 Oct 2017Full text
2017 INSC 1057 · [2017] 10 S.C.R. 1128
G Allowing the appeal, the Court HELD: 1.1 The legislature, in the new Section 23, Specific Relief Act, 1963 explicitly provided that the mere naming of a certain amount which may sound in damages is not good enough by itself to non-suit a person seeking specific performance unless H 1128 KAMAL KANT JAIN v. SURINDER SI…
Supreme Court of India26 Oct 2017Full text
2017 INSC 1056 · [2017] 10 S.C.R. 261
[2017] 10 S.C.R. 261 SUNAINA SHARMA & ORS. A v. STATE OF JAMMUAND KASHMIR & ORS. (Civil Appeal Nos. 4594-4595 of2017) OCTOBER 26, 2017 B [MADAN B. LOKUR AND DEEPAK GUPTA, JJ.] Service Law: Promotion - Retrospective promotion -Promotees-Excise and Tax Officers seeking retrospective promotion from the dates when the vaca…
Supreme Court of India26 Oct 2017Full text
2017 INSC 1055 · [2017] 11 S.C.R. 746
Adverse Possession - Nature of the plea - Suit filed by appellants, inter alia for possession of the portion of the house occupied by the original defendant - Plea of adverse possession F set up by original defendant claiming to have been in possession of the house much prior to its purchase by appellants - Held: Plea …
Supreme Court of India26 Oct 2017Full text
2017 INSC 1054 · [2017] 10 S.C.R. 278
Polymat India (P) Ltd. & Am: v. National Insurance Co.· Ltd. & Ors. (2005) 9 SCC 174 : [2004] 6 Suppl. SCR 535 - referred to; H 280 SUPREME COURT REPORTS [2017] 10 S.C.R. A Case Law Reference [2004) 6 Suppl. SCR 535 referred to Para6 CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 4661 of2007 B From the Judgment and Or…
Supreme Court of India25 Oct 2017Full text
2017 INSC 1053 · [2017] 14 S.C.R. 115
5. However, the Commission is enjoined with powers to G issue appropriate orders in the interest of justice and for preventing abuse of process of the Commission, to the extent not otherwise provided for under the Act or Rules. In other words, the inherent power of the Commission is available to it for exercise only in…
Supreme Court of India25 Oct 2017Full text
2017 INSC 1052 · [2017] 14 S.C.R. 1
Allowing the appeal, the Court HELD: 1. Reading of Section 74 of the Indian Contract Act, 1872 would go to show that in or_der to forfeit the sum D ·deposited by the contracting party as "earnest money" or "security" for the due performance of the contract, it is necessary that the contract must contain a stipulation o…
Supreme Court of India25 Oct 2017Full text
2017 INSC 1051 · [2017] 10 S.C.R. 221
2. The. evidence available on record, did establish beyond reasonable doubt that the appellants' case was capable of being separated from other three accused with a view to find out their G role in the incident as against the other three accused. [Para 21) [227-A-B] 3. There was no motive on the part of the accused per…
Supreme Court of India24 Oct 2017Full text
2017 INSC 1050 · [2017] 10 S.C.R. 208
Code of Civil Procedure, 1908: F Or. 22 r.10 - Scope of - Held: Or.22 1: 10 enables only continuance of suit by leave of court - ft is the duty of the court to decide whether leave to be granted or not to the person or to the assignee to continue the suit - The discretion to implead or not to implead parties who apply …
Supreme Court of India3 Feb 2017Full text
2017 INSC 105 · [2017] 1 S.C.R. 604
P. N. Mishra, Sr. Adv., Sandeepan Pathak, C. D. Singh, Sanjay Kumar Visen, Advs. for the Respondents. C The Judgment of the Court was delivered by ' ASHOK BHUSHAN, J. I. Leave granted. 2. This appeal has been filed against the judgment and order dated 17'h July, 2014 of High Court of Judicature at Allahabad by which ju…
Supreme Court of India24 Oct 2017Full text
2017 INSC 1048 · [2017] 10 S.C.R. 157
157 158 SUPREME COURT REPORTS f2017] 10 S.C.R. A High Court not called for - Double Taxation Avoidance Agreement of 1990 - Arts.5, 7. Foreign assessee - Burden to prove PE - Held: The burden of proving the fact that a foreign assessee has a PE in India and must, therefore, suffer tax from the business generated from su…
Supreme Court of India24 Oct 2017Full text
2017 INSC 1046 · [2017] 10 S.C.R. 199
200 SUPREME COURT REPORTS [2017] 10 S.C.R. A the Act - Any such interpretation shall be completely contrary to the legislative intent, extending the Rules beyond what the Act provides for and limits - The exclusion of any provision for extension of time by the Tribunal in preferring an appeal under s.30 of the Act make…
Supreme Court of India24 Oct 2017Full text
2017 INSC 1045 · [2017] 10 S.C.R. 229
- ft can be interdicted by another order or by statutory intervention - By virtue of s. 6, until and unless r~lease order is passed and delivery of possession pursuant thereto takes place, the requisition F would continue - In the instant case, court had not quashed the order of requisition and has not ordered that on …
Supreme Court of India13 Oct 2017Full text
2017 INSC 1042 · [2017] 12 S.C.R. 724
[2017] 12 S.C.R. 724 A FEDERATION OF INDIAN MINERAL INDUSTRIES & ORS. v. UNION OF INDIA & ANR. (Transferred Case (Civil) No. 43 of2016) B OCTOBER 13, 2017 [MADAN B. LOKUR, SANJAY KISHAN KAUL AND DEEPAK GUPTA, JJ.] Mines and Minerals (Development and Regulation) Act, 1957: c s.98 and l 3(qqa) - Establishment of District…
Supreme Court of India13 Oct 2017Full text
2017 INSC 1041 · [2017] 14 S.C.R. 597
597 598 SUPREME COURT REPORTS [2017] 14 S.C.R. A s. 7 are neither ambiguous nor lead to two constructions - Wealth Tax Act, 1957 - s.7. Dismissing the appeals, the Court HELD: 1.1 The normal rule for valuing an asset for the purposes of Wealth Tax Act, 1957 is the estimated price which in B the opinion of Wealth Tax Of…
Supreme Court of India13 Oct 2017Full text
2017 INSC 1040 · [2017] 14 S.C.R. 618
[2017] 14 S.C.R. 618 A INDIAN YOUNG LAWYERS ASSOCIATION & ORS. v. STATE OF KER,ALA & ORS. (Writ Petition (C) No. 373 of2006) B OCTOBER 13,2017 [DIPAK MISRA, CJJ, R. BANUMATHI AND ASHOK BHUSHAN, JJ.) Re!igion/Religiou.1· Institutions - Gender Discrimination -C Exclusion of women from entering temple on basis of custom a…
Supreme Court of India3 Feb 2017Full text
2017 INSC 104 · [2017] 2 S.C.R. 491
Allowing the appeals, the Court G HELD: 1. While framing the charge, the substance of the allegation against the respondent was that he had granted a quarry licence to 'K' on three bigha area, total area of which comes to 52,272 Sq. ft. whereas, he was sanctioned 80,000 Sq.ft. Further allegation was that respondent per…
Also on Law on Tips: Bare Acts · Legal news and analysis