⚖
Loading…
Loading…
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.
2,781–2,800 · Page 140 of 382
Supreme Court of India26 Oct 2016Full text
2016 INSC 993 · [2016] 7 S.C.R. 350
(i) The 'onus of proof', of parity in the duties and F responsibilities of the subject post with the reference post, under the principle of 'equal pay .for equal work', lies on the person who claims it. He who approaches the Court has to establish, that the subject post occupied by him, requires him to discharge equal …
Supreme Court of India26 Oct 2016Full 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.
2,781–2,800 · Page 140 of 382
Supreme Court of India26 Oct 2016Full text
2016 INSC 993 · [2016] 7 S.C.R. 350
(i) The 'onus of proof', of parity in the duties and F responsibilities of the subject post with the reference post, under the principle of 'equal pay .for equal work', lies on the person who claims it. He who approaches the Court has to establish, that the subject post occupied by him, requires him to discharge equal …
Supreme Court of India26 Oct 2016Full text
2016 INSC 991 · [2016] 5 S.C.R. 865
- Objective of s. 5(2) is to assess the sale of branded goods by the brand name holder to the market and the inter se sale between the brand name holders is not intended to be covered bys. 5(2) - When F the goods are sold under the brand name, necessarily, it has to assume that the marketing company is the holder of th…
Supreme Court of India26 Oct 2016Full text
2016 INSC 990 · [2016] 6 S.C.R. 766
[2016] 6 S.C.R. 766 A NAVJOT SINGH SIDHU v. OM PARKASH SONI & ORS. (Civil Appeal No. l 0353of2016) B OCTOBER 26, 2016 (RANJAN GOGOi AND ABHAY MANOHAR SAPRE, JJ.) Election Laws - Election petition - Application u!Or. VI, 1: 16 and Or. Vil, r.11 of CPC by the returned candidate - Seeking c dismissal of petition as no tri…
Supreme Court of India28 Jan 2016Full text
2016 INSC 99 · [2016] 1 S.C.R. 18
G Title of the landlord of the suit premises - Examination of -As to whether the tenancy was between the appellants-wife and sons of deceased landlord and respondent No. 1 -tenant or between the power of attorney holder of landlord and respondent No. I -tenant - Held: Tenancy was between the landlord-original owner and…
Supreme Court of India26 Oct 2016Full text
2016 INSC 989 · [2016] 5 S.C.R. 835
H 835 836 SUPREME COURT REPORTS [2016] 5 S.C.R. A CIVIL APPELLATE JURISDICTION: Review Petition (C) No. 3538 of2016 in Civil Appeal No. 8543 of2009. From the Judgment and Order dated 23.04.2007 of the High Court of Judicature of Bombay at Mumbai in Writ Petition No. 3282 of2004. Shyam Divan, Sr. Adv., Nirman Sharma, Pu…
Supreme Court of India26 Oct 2016Full text
2016 INSC 988 · [2016] 12 S.C.R. 26
Constitution of India : Art.226 - Jurisdiction under - Nature and scope of - Held: The remedy of writ u!Art. 226 is extra-ordinary and discretionary - G The exercise of discretion to issue a writ is a matter of granting equitable relief - In exercise of writ jurisdiction, the High Court cannot be oblivious to the condu…
Supreme Court of India24 Oct 2016Full text
2016 INSC 986 · [2016] 5 S.C.R. 876
Dismissing the appeals, the Court G HELD: 1. A judgment in the probate proceedings is a judgment in rem and, therefore, a person establishing prima facie interest in the estate of the testator should be permitted to maintain a caveat and contest a claim for probate. [Para 5) (880-B) H 876 SAROJ AGARWALLA (DEAD) THR. LR…
Supreme Court of India21 Oct 2016Full text
2016 INSC 983 · [2016] 9 S.C.R. 819
G In order to make the functioning of Board of Control for Cricket in India (BCCI) transparent, objective and accountable, Justice Lodha Committee was appointed by Supreme Court. Recommendations were made by the Committee inter alia for appointing a CAG nominee in BCCI, which were endorsed in the final judgment and ord…
Supreme Court of India21 Oct 2016Full text
2016 INSC 981 · [2016] 7 S.C.R. 523
Notification dated 13. 0 7.1999 - Issuance by the Central government under Paragraph 7 prescribing of norms for conversion c cost, packing charges and process loss of raw materials (other than packing materials in conversion) and packing and process loss of packing materials in packaging - Validity of - Held: Notificat…
Supreme Court of India21 Oct 2016Full text
2016 INSC 980 · [2016] 9 S.C.R. 750
2.1 Quite apart from the issue of whether government doctors should be allowed to engage in private practice, there are other and, perhaps more fundamental aspects which would arise from the Public Interest Litigation that was instituted before F the High Court. The basic issue which requires to be addressed is the ava…
Supreme Court of India28 Jan 2016Full text
2016 INSC 98 · [2016] 1 S.C.R. 405
[2016] I S.C.R. 405 DON AYENGIA A v. Tl-IE STATE OF ASSAM & ANR. (Criminal Appeal Nos. 82-83of2016) JANUARY 28, 2016 B (T.S. THAKUR, CJl AND KURIAN JOSEPH, J.] Negotiable J11str11me11ts Act. 1881: s.138 - Dishonour of' cheque - C'o1111Jlai11ant entere(f into an agree111e11t }Or construction of' building ll'ith 011e 'N'…
Supreme Court of India20 Oct 2016Full text
2016 INSC 978 · [2016] 7 S.C.R. 713
Burden to prove guilt - Held: The guilt of the accused must be proved beyond all reasonable doubJs - However, the burden on the prosecution is only to establish its case beyond all reasonable doubt G and not all doubts. Two views - Held: If two views are possible 011 the evidence adduced in the case, one pointing to th…
Supreme Court of India20 Oct 2016Full text
2016 INSC 977 · [2016] 8 S.C.R. 380
Constitution of India -Art.136 - Scope of - Interference in criminal appeal against acquittal - Supreme Court not to interfere with the judgment of the High Court unless High Court has acted G perverse~y or improperly. Dismissing the appeals, the Court HELD: 1. In an appeal under Article 136 of the Constitution of Indi…
Supreme Court of India18 Oct 2016Full text
2016 INSC 976 · [2016] 8 S.C.R. 224
Dismissing the appeal, the Court HELD: 1. The Respondent-NTPC invited bids for development and operation of coal mines and had issued "Instructions to Bidders" (ITB) which contained clauses as to H 224 MONTECARLO LTD. v. NTPC LTD. 225 bow the proposal shall be conducted. Clauses of Mine operations A are technical but t…
Supreme Court of India18 Oct 2016Full text
2016 INSC 973 · [2016] 5 S.C.R. 731
Supreme Court of India18 Oct 2016Full text
2016 INSC 972 · [2016] 9 S.C.R. 800
Allowing the appeal, the Court HELD: 1. From At111a Ram Mittal, Vineet Kumar, Ram Saroop Rai, Rameslt Chandra and Shri Kislum alias Krishna K11111ar cases, the apparent principles which can be culled out, forming the ratio G decidemli of those cases, are as under: i) Rights of the parties stand crystallised on the elat…
Supreme Court of India18 Oct 2016Full text
2016 INSC 971 · [2016] 8 S.C.R. 177
- s.8 (g). Dismissing the appeal, the Court E HELD: 1. The sanction cannot be held invalid only for the reason that in the administrative no tings different authorities have opined differently before the competent authority took the decision in the matter. It is not a case where the finance Minister was not the compete…
Supreme Court of India18 Oct 2016Full text
2016 INSC 970 · [2016] 7 S.C.R. 639
[2016) 7 S.C.R. 639 VIKAS SANKHALA & ORS. ETC. A v. VIKAS KUMAR AGARWAL & ORS. ETC. (Civil Appeal Nos. 3545-3549 of2016) OCTOBER 18, 2016 B (A.K. SIKRI AND R.K. AGRAWAL, JJ.] Right of Children to Free and Compulsory Education Act, 2009 - s. 23: Qualifications for appointment of teachers - Passing of c Teacher Eligibili…
Supreme Court of India18 Oct 2016Full text
2016 INSC 969 · [2016] 12 S.C.R. 1
[2016) 12 S.C.R. 1 VATSALA SHENOY A v. JOINT COMMISSIONER OF INCOME TAX I (ASSESSMENT), MYSORE (Civil Appeal No. 1234of2012) B OCTOBER 18, 2016 [A. K. SIKRI AND N.V. RAMANA, JJ.] Income Ta:x Act, 1961: ss. 2(14), 45 - Capital asset - Profit/gain arising from transfer C thereof to be taxed as "Capital gains" -Assessees,…
Supreme Court of India18 Oct 2016Full text
2016 INSC 968 · [2016] 7 S.C.R. 495
- Tamil Nadu Transparency in Tenders Act, 1998. G Allowing the appeals, the Court HELD: 1.1 It is manifest that the Corporation in its meeting held on 30.1.2014 had decided to open the price bids on both the bidders and thereafter the supplementary price bids were obtained from both the parties for the additional impli…
Also on Law on Tips: Bare Acts · Legal news and analysis
2016 INSC 991 · [2016] 5 S.C.R. 865
- Objective of s. 5(2) is to assess the sale of branded goods by the brand name holder to the market and the inter se sale between the brand name holders is not intended to be covered bys. 5(2) - When F the goods are sold under the brand name, necessarily, it has to assume that the marketing company is the holder of th…
Supreme Court of India26 Oct 2016Full text
2016 INSC 990 · [2016] 6 S.C.R. 766
[2016] 6 S.C.R. 766 A NAVJOT SINGH SIDHU v. OM PARKASH SONI & ORS. (Civil Appeal No. l 0353of2016) B OCTOBER 26, 2016 (RANJAN GOGOi AND ABHAY MANOHAR SAPRE, JJ.) Election Laws - Election petition - Application u!Or. VI, 1: 16 and Or. Vil, r.11 of CPC by the returned candidate - Seeking c dismissal of petition as no tri…
Supreme Court of India28 Jan 2016Full text
2016 INSC 99 · [2016] 1 S.C.R. 18
G Title of the landlord of the suit premises - Examination of -As to whether the tenancy was between the appellants-wife and sons of deceased landlord and respondent No. 1 -tenant or between the power of attorney holder of landlord and respondent No. I -tenant - Held: Tenancy was between the landlord-original owner and…
Supreme Court of India26 Oct 2016Full text
2016 INSC 989 · [2016] 5 S.C.R. 835
H 835 836 SUPREME COURT REPORTS [2016] 5 S.C.R. A CIVIL APPELLATE JURISDICTION: Review Petition (C) No. 3538 of2016 in Civil Appeal No. 8543 of2009. From the Judgment and Order dated 23.04.2007 of the High Court of Judicature of Bombay at Mumbai in Writ Petition No. 3282 of2004. Shyam Divan, Sr. Adv., Nirman Sharma, Pu…
Supreme Court of India26 Oct 2016Full text
2016 INSC 988 · [2016] 12 S.C.R. 26
Constitution of India : Art.226 - Jurisdiction under - Nature and scope of - Held: The remedy of writ u!Art. 226 is extra-ordinary and discretionary - G The exercise of discretion to issue a writ is a matter of granting equitable relief - In exercise of writ jurisdiction, the High Court cannot be oblivious to the condu…
Supreme Court of India24 Oct 2016Full text
2016 INSC 986 · [2016] 5 S.C.R. 876
Dismissing the appeals, the Court G HELD: 1. A judgment in the probate proceedings is a judgment in rem and, therefore, a person establishing prima facie interest in the estate of the testator should be permitted to maintain a caveat and contest a claim for probate. [Para 5) (880-B) H 876 SAROJ AGARWALLA (DEAD) THR. LR…
Supreme Court of India21 Oct 2016Full text
2016 INSC 983 · [2016] 9 S.C.R. 819
G In order to make the functioning of Board of Control for Cricket in India (BCCI) transparent, objective and accountable, Justice Lodha Committee was appointed by Supreme Court. Recommendations were made by the Committee inter alia for appointing a CAG nominee in BCCI, which were endorsed in the final judgment and ord…
Supreme Court of India21 Oct 2016Full text
2016 INSC 981 · [2016] 7 S.C.R. 523
Notification dated 13. 0 7.1999 - Issuance by the Central government under Paragraph 7 prescribing of norms for conversion c cost, packing charges and process loss of raw materials (other than packing materials in conversion) and packing and process loss of packing materials in packaging - Validity of - Held: Notificat…
Supreme Court of India21 Oct 2016Full text
2016 INSC 980 · [2016] 9 S.C.R. 750
2.1 Quite apart from the issue of whether government doctors should be allowed to engage in private practice, there are other and, perhaps more fundamental aspects which would arise from the Public Interest Litigation that was instituted before F the High Court. The basic issue which requires to be addressed is the ava…
Supreme Court of India28 Jan 2016Full text
2016 INSC 98 · [2016] 1 S.C.R. 405
[2016] I S.C.R. 405 DON AYENGIA A v. Tl-IE STATE OF ASSAM & ANR. (Criminal Appeal Nos. 82-83of2016) JANUARY 28, 2016 B (T.S. THAKUR, CJl AND KURIAN JOSEPH, J.] Negotiable J11str11me11ts Act. 1881: s.138 - Dishonour of' cheque - C'o1111Jlai11ant entere(f into an agree111e11t }Or construction of' building ll'ith 011e 'N'…
Supreme Court of India20 Oct 2016Full text
2016 INSC 978 · [2016] 7 S.C.R. 713
Burden to prove guilt - Held: The guilt of the accused must be proved beyond all reasonable doubJs - However, the burden on the prosecution is only to establish its case beyond all reasonable doubt G and not all doubts. Two views - Held: If two views are possible 011 the evidence adduced in the case, one pointing to th…
Supreme Court of India20 Oct 2016Full text
2016 INSC 977 · [2016] 8 S.C.R. 380
Constitution of India -Art.136 - Scope of - Interference in criminal appeal against acquittal - Supreme Court not to interfere with the judgment of the High Court unless High Court has acted G perverse~y or improperly. Dismissing the appeals, the Court HELD: 1. In an appeal under Article 136 of the Constitution of Indi…
Supreme Court of India18 Oct 2016Full text
2016 INSC 976 · [2016] 8 S.C.R. 224
Dismissing the appeal, the Court HELD: 1. The Respondent-NTPC invited bids for development and operation of coal mines and had issued "Instructions to Bidders" (ITB) which contained clauses as to H 224 MONTECARLO LTD. v. NTPC LTD. 225 bow the proposal shall be conducted. Clauses of Mine operations A are technical but t…
Supreme Court of India18 Oct 2016Full text
2016 INSC 973 · [2016] 5 S.C.R. 731
Supreme Court of India18 Oct 2016Full text
2016 INSC 972 · [2016] 9 S.C.R. 800
Allowing the appeal, the Court HELD: 1. From At111a Ram Mittal, Vineet Kumar, Ram Saroop Rai, Rameslt Chandra and Shri Kislum alias Krishna K11111ar cases, the apparent principles which can be culled out, forming the ratio G decidemli of those cases, are as under: i) Rights of the parties stand crystallised on the elat…
Supreme Court of India18 Oct 2016Full text
2016 INSC 971 · [2016] 8 S.C.R. 177
- s.8 (g). Dismissing the appeal, the Court E HELD: 1. The sanction cannot be held invalid only for the reason that in the administrative no tings different authorities have opined differently before the competent authority took the decision in the matter. It is not a case where the finance Minister was not the compete…
Supreme Court of India18 Oct 2016Full text
2016 INSC 970 · [2016] 7 S.C.R. 639
[2016) 7 S.C.R. 639 VIKAS SANKHALA & ORS. ETC. A v. VIKAS KUMAR AGARWAL & ORS. ETC. (Civil Appeal Nos. 3545-3549 of2016) OCTOBER 18, 2016 B (A.K. SIKRI AND R.K. AGRAWAL, JJ.] Right of Children to Free and Compulsory Education Act, 2009 - s. 23: Qualifications for appointment of teachers - Passing of c Teacher Eligibili…
Supreme Court of India18 Oct 2016Full text
2016 INSC 969 · [2016] 12 S.C.R. 1
[2016) 12 S.C.R. 1 VATSALA SHENOY A v. JOINT COMMISSIONER OF INCOME TAX I (ASSESSMENT), MYSORE (Civil Appeal No. 1234of2012) B OCTOBER 18, 2016 [A. K. SIKRI AND N.V. RAMANA, JJ.] Income Ta:x Act, 1961: ss. 2(14), 45 - Capital asset - Profit/gain arising from transfer C thereof to be taxed as "Capital gains" -Assessees,…
Supreme Court of India18 Oct 2016Full text
2016 INSC 968 · [2016] 7 S.C.R. 495
- Tamil Nadu Transparency in Tenders Act, 1998. G Allowing the appeals, the Court HELD: 1.1 It is manifest that the Corporation in its meeting held on 30.1.2014 had decided to open the price bids on both the bidders and thereafter the supplementary price bids were obtained from both the parties for the additional impli…
Also on Law on Tips: Bare Acts · Legal news and analysis