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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.
2,741–2,760 · Page 138 of 382
Supreme Court of India5 Oct 2017Full text
2017 INSC 1008 · [2017] 14 S.C.R. 301
[2017] 14 S.C.R. 301 NABHA POWER LIMITED (NPL) A v. PUNJAB STATE POWER CORPORATION LIMITED (PSPCL) & ANR. (Civil Appeal No. 179 of2017) B OCTOBER 05, 2017 . [R. F. NARIMAN AND SANJAY KISHAN KAUL, JJ.) Contract: c Commercial contract - Interpretation of - Power Purchase Agreement - Energy Charge Formula - Procurement ro…
Supreme Court of India5 Oct 2017Full text
2017 INSC 1006 · [2017] 12 S.C.R. 913
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.
2,741–2,760 · Page 138 of 382
Supreme Court of India5 Oct 2017Full text
2017 INSC 1008 · [2017] 14 S.C.R. 301
[2017] 14 S.C.R. 301 NABHA POWER LIMITED (NPL) A v. PUNJAB STATE POWER CORPORATION LIMITED (PSPCL) & ANR. (Civil Appeal No. 179 of2017) B OCTOBER 05, 2017 . [R. F. NARIMAN AND SANJAY KISHAN KAUL, JJ.) Contract: c Commercial contract - Interpretation of - Power Purchase Agreement - Energy Charge Formula - Procurement ro…
Supreme Court of India5 Oct 2017Full text
2017 INSC 1006 · [2017] 12 S.C.R. 913
136. H. 913 914 SUPREME COURT REPORTS [2017] 12 S.C.R. A s.4 - Several criminal cases registered by CBI against various accused - Alleged fraud to the tune of several crores - Allegation that one of the accused acquired movable and immovable assets in his own name and in the name offamily and investment in the property…
Supreme Court of India5 Oct 2017Full text
2017 INSC 1005 · [2017] 10 S.C.R. 122
F CIVIL APPELLATE JURISDICTION : Civil Appeal No.9906 of2010. From the final Judgment and Order dated 19 .07 .2005 passed by the High Court of Delhi at New Delhi in R.S.A. No.171 of 2005. Rakesh Khanna, Sr. Adv., Dr. L. S. Chaudhary, Ajay Chaudhary, G Ms. Rakhi Tomar, Anurag Tomar, Parambir Singh, Viresh Chaudhary, Ms.…
Supreme Court of India4 Oct 2017Full text
2017 INSC 1004 · [2017] 11 S.C.R. 448
Interest - Levy of - Whether can have retrospective operation - Held: Interest belongs to the field uf substantive law and nut JJroceclural lalV - There.fore, cannot have retrospective operation. Securities and Exchange Board of India Act, 1992: F s.28A - Nature of and whether can have retrospective operation - Held: s…
Supreme Court of India4 Oct 2017Full text
2017 INSC 1003 · [2017] 10 S.C.R. 12
[2017] IOS.C.R. 12 A PARBATBHAI AAHIR @ PARBATBHAI BHIMSINHBHAI KARMUR AND ORS. v. STATE OF GUJARAT AND ANR. (Criminal Appeal No. 1723 of2017)B OCTOBER 4, 2017 [DIPAK MISRA, CJI, A. M. KHANWILKAR AND DR. D. Y. CHANDRACHUD, JJ.] c Code of Criminal Procedure, 1973: s. 482 - Inherent jurisdiction - Exercise of by the High…
Supreme Court of India4 Oct 2017Full text
2017 INSC 1002 · [2017] 10 S.C.R. 1073
1074 SUPREME COURT REPORTS [2017) 10 S.C.R. A any right to receive income and hence there was no profit or gain arising from the transfer of a capital asset to be brought to tax u/s. 45 r/w. s. 48 - Transfer of Property Act, 1882- s. 53A - Registration Act, 1908 - ss. 17(1A) and 49. Transfer of Property Act, 1882: B s.…
Supreme Court of India4 Oct 2017Full text
2017 INSC 1001 · [2017] 11 S.C.R. 893
2. In the instant case, the appellant has given cogent G reasons for the delay of 8 days in informing the respondent about the incident. The Investigator had verified the theft to be genuine and the payment towards the claim was approved by the Corporate Claims Manager, which is just and proper. [Para 12] [898-C-D] H O…
Supreme Court of India4 Oct 2017Full text
2017 INSC 1000 · [2017] 14 S.C.R. 232
232 MOHAMMED FAIZAL K.A. v. D. SALi AND ORS. 233 passed by the Government, revived and restored and all subsequent A consequential orders/notifications issued in relation io the subject matter concerning the promotion and seniority of respondent no. I stand effaced as non-est - Authorities directed to re-visit the case…
Supreme Court of India2 Feb 2017Full text
2017 INSC 100 · [2017] 1 S.C.R. 665
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1345 of F2017. From the Judgment and Order dated 17.10.2014 of the High Court of Delhi at New Delhi in CM (M) No. 1217 of2013. C. U. Singh, Sr. Adv., Ankit Sahni, Dhruv D., Ms. Ambika Singh Pratiyush, Jose Abraham, Advs. for the Appellant. G Sanjeev Mahajan, Ms. Prerna Meh…
Supreme Court of India2 Jan 2017Full text
2017 INSC 10 · [2017] 1 S.C.R. 389
Practice and Procedure: Procedural lapse i11 conducting enquiry ill service matters - Held: Proper course is to remand the G molters bock Jo concerned authority for fresh enquiry - However, such a course is not justified in situatiolls where due to Jo11g time lag or such other supervening circumstances directing.fr.esh…
Supreme Court of India1 Jan 2017Full text
2017 INSC 1 · [2017] 5 S.C.R. 160
160 KRISHNA KUMAR SINGH & ANR. v. STATE OF BIHAR 161 conditioned by two requirements - The first is that an Ordinance A can be promulgated only when the state legislature is not in session - The second requirement is that the Governor. before issuing an Ordinance has to be satisfied of the existence of circumstances re…
Supreme Court of India1 Jan 2017Full text
2017 INSC 1 · [2017] 5 S.C.R. 160
160 KRISHNA KUMAR SINGH & ANR. v. STATE OF BIHAR 161 conditioned by two requirements - The first is that an Ordinance A can be promulgated only when the state legislature is not in session - The second requirement is that the Governor. before issuing an Ordinance has to be satisfied of the existence of circumstances re…
Supreme Court of India23 Jan 2017Full text
2015 INSC 419 · [2017] 1 S.C.R. 556
Mukul Rohatgi, AG, A. Sharan, R.S. Cheema, Vikas Singh,G Sr. Advs., Pr~sh&nt Bhushan, Pranav Sachdeva, Ajay Sharma, Gaurav Sharma, Ms. Diksha Rai, Ms. Binu Tamta, MK. Marora, D, S. Mahra, Amit Anancl Tiwari, Sanchit Guru, Pushpendra.Singh, Ms. Tarannum : Cheema, Harinder ·Singh Bains, Ms. Deepeika Kalia, Kapish Seth, M…
Supreme Court of India2017
(2018) 1 SCC 353
Under Section 9, operational creditor cannot initiate CIRP if there is a pre-existing dispute prior to the demand notice; dispute must be plausible and not spurious.
Supreme Court of India2017
(2018) 1 SCC 560
Offence under Section 138 is primarily a civil wrong for recovery of money; compounding encouraged even without consent of complainant upon adequate compensation.
Supreme Court of Indiaundefined undefined NaNFull textCited by 1
(2017) 10 SCC 1
Unanimously affirmed that the right to privacy is a fundamental right emanating from Article 21 and the right to personal liberty, protecting spatial, decisional, and informational privacy.
Supreme Court of India2017
(2017) 12 SCC 1
Compensatory tax doctrine rejected; only discriminatory taxes violate freedom of trade.
Supreme Court of India2017
(2018) 1 SCC 407
Adjudicating Authority must only see whether default has occurred. Moment a default occurs, application under Section 7 must be admitted; speed is essence; directors powers suspended.
Supreme Court of India2017
(2017) 10 SCC 800
Exception 2 to Section 375 read down; sexual intercourse with a minor wife between 15 and 18 years of age is rape, affirming the bodily autonomy of minor girls.
Supreme Court of India2017
(2017) 14 SCC 80
Frustration cannot be invoked for mere commercial difficulty, unexpected price rise, or economic unviability; force majeure clauses governed by Section 32, not 56.
Also on Law on Tips: Bare Acts · Legal news and analysis
136. H. 913 914 SUPREME COURT REPORTS [2017] 12 S.C.R. A s.4 - Several criminal cases registered by CBI against various accused - Alleged fraud to the tune of several crores - Allegation that one of the accused acquired movable and immovable assets in his own name and in the name offamily and investment in the property…
Supreme Court of India5 Oct 2017Full text
2017 INSC 1005 · [2017] 10 S.C.R. 122
F CIVIL APPELLATE JURISDICTION : Civil Appeal No.9906 of2010. From the final Judgment and Order dated 19 .07 .2005 passed by the High Court of Delhi at New Delhi in R.S.A. No.171 of 2005. Rakesh Khanna, Sr. Adv., Dr. L. S. Chaudhary, Ajay Chaudhary, G Ms. Rakhi Tomar, Anurag Tomar, Parambir Singh, Viresh Chaudhary, Ms.…
Supreme Court of India4 Oct 2017Full text
2017 INSC 1004 · [2017] 11 S.C.R. 448
Interest - Levy of - Whether can have retrospective operation - Held: Interest belongs to the field uf substantive law and nut JJroceclural lalV - There.fore, cannot have retrospective operation. Securities and Exchange Board of India Act, 1992: F s.28A - Nature of and whether can have retrospective operation - Held: s…
Supreme Court of India4 Oct 2017Full text
2017 INSC 1003 · [2017] 10 S.C.R. 12
[2017] IOS.C.R. 12 A PARBATBHAI AAHIR @ PARBATBHAI BHIMSINHBHAI KARMUR AND ORS. v. STATE OF GUJARAT AND ANR. (Criminal Appeal No. 1723 of2017)B OCTOBER 4, 2017 [DIPAK MISRA, CJI, A. M. KHANWILKAR AND DR. D. Y. CHANDRACHUD, JJ.] c Code of Criminal Procedure, 1973: s. 482 - Inherent jurisdiction - Exercise of by the High…
Supreme Court of India4 Oct 2017Full text
2017 INSC 1002 · [2017] 10 S.C.R. 1073
1074 SUPREME COURT REPORTS [2017) 10 S.C.R. A any right to receive income and hence there was no profit or gain arising from the transfer of a capital asset to be brought to tax u/s. 45 r/w. s. 48 - Transfer of Property Act, 1882- s. 53A - Registration Act, 1908 - ss. 17(1A) and 49. Transfer of Property Act, 1882: B s.…
Supreme Court of India4 Oct 2017Full text
2017 INSC 1001 · [2017] 11 S.C.R. 893
2. In the instant case, the appellant has given cogent G reasons for the delay of 8 days in informing the respondent about the incident. The Investigator had verified the theft to be genuine and the payment towards the claim was approved by the Corporate Claims Manager, which is just and proper. [Para 12] [898-C-D] H O…
Supreme Court of India4 Oct 2017Full text
2017 INSC 1000 · [2017] 14 S.C.R. 232
232 MOHAMMED FAIZAL K.A. v. D. SALi AND ORS. 233 passed by the Government, revived and restored and all subsequent A consequential orders/notifications issued in relation io the subject matter concerning the promotion and seniority of respondent no. I stand effaced as non-est - Authorities directed to re-visit the case…
Supreme Court of India2 Feb 2017Full text
2017 INSC 100 · [2017] 1 S.C.R. 665
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1345 of F2017. From the Judgment and Order dated 17.10.2014 of the High Court of Delhi at New Delhi in CM (M) No. 1217 of2013. C. U. Singh, Sr. Adv., Ankit Sahni, Dhruv D., Ms. Ambika Singh Pratiyush, Jose Abraham, Advs. for the Appellant. G Sanjeev Mahajan, Ms. Prerna Meh…
Supreme Court of India2 Jan 2017Full text
2017 INSC 10 · [2017] 1 S.C.R. 389
Practice and Procedure: Procedural lapse i11 conducting enquiry ill service matters - Held: Proper course is to remand the G molters bock Jo concerned authority for fresh enquiry - However, such a course is not justified in situatiolls where due to Jo11g time lag or such other supervening circumstances directing.fr.esh…
Supreme Court of India1 Jan 2017Full text
2017 INSC 1 · [2017] 5 S.C.R. 160
160 KRISHNA KUMAR SINGH & ANR. v. STATE OF BIHAR 161 conditioned by two requirements - The first is that an Ordinance A can be promulgated only when the state legislature is not in session - The second requirement is that the Governor. before issuing an Ordinance has to be satisfied of the existence of circumstances re…
Supreme Court of India1 Jan 2017Full text
2017 INSC 1 · [2017] 5 S.C.R. 160
160 KRISHNA KUMAR SINGH & ANR. v. STATE OF BIHAR 161 conditioned by two requirements - The first is that an Ordinance A can be promulgated only when the state legislature is not in session - The second requirement is that the Governor. before issuing an Ordinance has to be satisfied of the existence of circumstances re…
Supreme Court of India23 Jan 2017Full text
2015 INSC 419 · [2017] 1 S.C.R. 556
Mukul Rohatgi, AG, A. Sharan, R.S. Cheema, Vikas Singh,G Sr. Advs., Pr~sh&nt Bhushan, Pranav Sachdeva, Ajay Sharma, Gaurav Sharma, Ms. Diksha Rai, Ms. Binu Tamta, MK. Marora, D, S. Mahra, Amit Anancl Tiwari, Sanchit Guru, Pushpendra.Singh, Ms. Tarannum : Cheema, Harinder ·Singh Bains, Ms. Deepeika Kalia, Kapish Seth, M…
Supreme Court of India2017
(2018) 1 SCC 353
Under Section 9, operational creditor cannot initiate CIRP if there is a pre-existing dispute prior to the demand notice; dispute must be plausible and not spurious.
Supreme Court of India2017
(2018) 1 SCC 560
Offence under Section 138 is primarily a civil wrong for recovery of money; compounding encouraged even without consent of complainant upon adequate compensation.
Supreme Court of Indiaundefined undefined NaNFull textCited by 1
(2017) 10 SCC 1
Unanimously affirmed that the right to privacy is a fundamental right emanating from Article 21 and the right to personal liberty, protecting spatial, decisional, and informational privacy.
Supreme Court of India2017
(2017) 12 SCC 1
Compensatory tax doctrine rejected; only discriminatory taxes violate freedom of trade.
Supreme Court of India2017
(2018) 1 SCC 407
Adjudicating Authority must only see whether default has occurred. Moment a default occurs, application under Section 7 must be admitted; speed is essence; directors powers suspended.
Supreme Court of India2017
(2017) 10 SCC 800
Exception 2 to Section 375 read down; sexual intercourse with a minor wife between 15 and 18 years of age is rape, affirming the bodily autonomy of minor girls.
Supreme Court of India2017
(2017) 14 SCC 80
Frustration cannot be invoked for mere commercial difficulty, unexpected price rise, or economic unviability; force majeure clauses governed by Section 32, not 56.
Also on Law on Tips: Bare Acts · Legal news and analysis