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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.
2,881–2,900 · Page 145 of 382
Supreme Court of India31 Aug 2016Full text
2016 INSC 639 · [2016] 11 S.C.R. 263
[2016] 1l S.C.R. 263 KEDAR NATH YADAV A v. STATE OF WEST BENGAL & ORS. (Civil Appeal No. 8438 of2016) AUGUST 31, 2016 B [V. GOPALA GOWDA AND ARUN MISHRA, JJ.] Land Acquisition Act, 1894: Parts II and VII; ss. 3(j), 4, 6, 5A. 9 and 11 - Acquisition of lancf - At the instance of a particular Company for its project - c N…
Supreme Court of India30 Aug 2016Full text
2016 INSC 630 · [2016] 5 S.C.R. 884
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.
2,881–2,900 · Page 145 of 382
Supreme Court of India31 Aug 2016Full text
2016 INSC 639 · [2016] 11 S.C.R. 263
[2016] 1l S.C.R. 263 KEDAR NATH YADAV A v. STATE OF WEST BENGAL & ORS. (Civil Appeal No. 8438 of2016) AUGUST 31, 2016 B [V. GOPALA GOWDA AND ARUN MISHRA, JJ.] Land Acquisition Act, 1894: Parts II and VII; ss. 3(j), 4, 6, 5A. 9 and 11 - Acquisition of lancf - At the instance of a particular Company for its project - c N…
Supreme Court of India30 Aug 2016Full text
2016 INSC 630 · [2016] 5 S.C.R. 884
Doctrine of ex debito justitiae - Applicability of - Held: Principle of ex debito justitiae is founded on a recognition of a debt that the justice delivery system owes to a litigant to correct an error F in· a judicial dispensation - Its application, by the very nature of things, cannot be made to depend on varying per…
Supreme Court of India29 Aug 2016Full text
2016 INSC 625 · [2016] 4 S.C.R. 225
21) [246-D-G) 1.3 The Scheme in the first instance was floated on July 01, 2005. It clearly mentioned that those interested to opt for the Scheme would give their options by August 01, 2005 and not H MADHYA PRADESH STATE ROAD TRANSPORT 227 CORPORATION v. MANOJ KUMAR thereafter. It was categorically provided that applic…
Supreme Court of India29 Aug 2016Full text
2016 INSC 621 · [2016] 9 S.C.R. 591
(2016] 9 S.C.R. 591 COMMISSIONER OF CENTRAL EXCISE, MADRAS A v. M/S. ADDISON & CO. LTD. (Civil Appeal No. 7906 of2002) AUGUST 29, 2016 B [ANIL R. DAVE, AMITAVA ROY AND L. NAGESWARA RAO, JJ.] Central Excise Act, 1944: s.11-B and its proviso - Refund - Unjust enrichment - Refund cclaim in respect of turnover discount on …
Supreme Court of India26 Aug 2016Full text
2016 INSC 620 · [2016] 6 S.C.R. 333
(1999) 3 SCC 422: 1999 (1) SCR 1121- relied on. G 5. The Division Bench of the High Court failed to appreciate the fact that liberty had been granted by the High Court vide its judgment and order dated 07.11.2006 in W.A. (C) No. 45 of 2006 to the Disciplinary Authority to take disciplinary action against the appellant.…
Supreme Court of India19 Jan 2016Full text
2016 INSC 62 · [2016] 1 S.C.R. 242
- The purpose i.e. for expansion and systematic development of Surajkund Tourist Complex is a public purpose - It included development of parking area adjacent to the Surajkund Tourist F Complex near annual Surajkund Fair - High Court was incorrect in holding that the State has not acted bonafide after 1992 acquisition…
Supreme Court of India26 Aug 2016Full text
2016 INSC 618 · [2016] 4 S.C.R. 111
ALLAHABAD Court, may not attend matters in which they may have filed their A vakalatnama before the High Court. It is imperative for the smooth and effective functioning of the court that the court is able to fix responsibility on Advocates, which is not possible if Roll of Advocates is not maintained in the High Court…
Supreme Court of India26 Aug 2016Full text
2016 INSC 617 · [2016] 4 S.C.R. 276
276 VIVEK SINGH v. STATE OF U.P. & ANR. 277 P. N. Misra, Sr. Adv., Ms. Archana Singh, Abhisth Kumar, Shrish A Kumar Misra, Ad vs. for the Respondents. The Judgment of the Court was delivered by S. A. BOBDE, J. I. On 29.01.2001, the U.P. Public Service Commission invited applications for filling up 800 posts through the…
Supreme Court of India24 Aug 2016Full text
2016 INSC 616 · [2016] 5 S.C.R. 172
2. Recalling of witnesses as envis11ged u/s.311 on the grounds that accused persons are in custody, the prosecution was allowed to recall some of its witnesses earlier, the counsel was ill and magnanimity commands fairness should be shown are G not acceptable in the obtaining factual matrix. The decisions which have us…
Supreme Court of India24 Aug 2016Full text
2016 INSC 615 · [2016] 3 S.C.R. 790
From the Judgment and Order dated 29.01.2016 of the High Court of Delhi at New Delhi in LPA No. 535 of2015. Mrs. Avnish Ahlawat, Dr. Monika Gusain, Anil Kumar, Advs. for the Appellant. Pallav Sishodia, Sr. Adv., Ms. Vaishalee Mehra, Pawan Kishore D Singh, Ms. Madhusmita Bora, Advs. for the Respondent. The Judgment of t…
Supreme Court of India22 Aug 2016Full text
2016 INSC 611 · [2016] 4 S.C.R. 80
Allowing the appeals, the Court G HELD: 1. The Gujarat Secondary Education Act 1972 was enacted by the State legislature for the regulation of secondary education in the State. Section 39 provides for the constitution of a tribunal. Section 38 confers upon the tribunal the jurisdiction to decide certain disputes. The t…
Supreme Court of India17 Aug 2016Full text
2016 INSC 608 · [2016] 7 S.C.R. 102
SHRI VIMAL KISHOR SHAH & ORS. v. MR. JAYESH DINESH 103 SHAH & ORS. under Section 11 of the Act at its threshold. The Trust Deed A including the arbitration clause does not satisfy the requirements of Section 2(b) and 2(h) read with Section 7 of the Act and hence, the Trust Deed cannot be construed as an "arbitration ag…
Supreme Court of India17 Aug 2016Full text
2016 INSC 606 · [2016] 7 S.C.R. 176
176 . BRIJ LAL v. STATE OF RAJASTHAN 177 Dismissing the appeal, the Court A HELD: 1. There is evidence on the record of the case to authenticate, that all the villagers were only persuading the accused-appellant his co-accused not to insist on carrying out their threat, to murder PW-15. The testimony of the prosecution…
Supreme Court of India16 Aug 2016Full text
2016 INSC 604 · [2016] 6 S.C.R. 571
Disposing of the appeals and the writ petition, the Court HELD: 1.1 The Regulation 9 of the Medical Council of India c Post Graduate Medical Education Regulations, 2000 is a complete· Code regarding the procedure to be followed for admissions to medical courses and a provision for determining inter-se merit of the cand…
Supreme Court of India16 Aug 2016Full text
2016 INSC 600 · [2016] 4 S.C.R. 504
Dismissing the appeals, the Court G HELD: 1.1 Admittedly, the goods in question were handed over by the appellants to Respondent No.1. But there is neither any pleading nor proof that the appellants paid any sum for transportation or any other service to Respondent No.1 at the time the goods were handed over to it or s…
Supreme Court of India19 Jan 2016Full text
2016 INSC 60 · [2016] 1 S.C.R. 103
B 2. The marriage of the appellant and the deceased was solemnized in Vizianagaram on 04.05.2007 and the couple was living in Bangalore. Appellants 2 to 6-the parents and sisters of appellant No.1 were living in Vizianagaram. There are no specific allegations against appellants 2 to 6 that the dowry articles were entru…
Supreme Court of India12 Aug 2016Full text
2016 INSC 597 · [2016] 4 S.C.R. 50
Human rights : Use of excessive police force - Held: Amounts to violation of human rights and human dignity. Disposing of the writ petition, the Court F HELD: 1. Holding peaceful demonstration in order to air their grievances and to see that their voice is heard in the relevant quarters is the right of the people. Such…
Supreme Court of India12 Aug 2016Full text
2016 INSC 595 · [2016] 3 S.C.R. 773
Dismissing the appeal, the Court HELD: 1.1 The moot question in the present case is: whether the subject appointment of the appellant to the post of F "Chemical Examiner" in Customs and Central Excise Department has in fact become final? Unlike the confirmed appointment of the appellant to the post of Assistant Chemist…
Supreme Court of India12 Aug 2016Full text
2016 INSC 593 · [2016] 3 S.C.R. 797
[2016] 3 S.C.R. 797 KALA @ CHANDRAKALA 'A v. STATE THROUGH INSPECTOR OF POLICE (Criminal Appeal No. 1791 of2010) AUGUST 12,2016 B [JAGDISH SINGH KHEHAR AND ARUN MISHRA, JJ.] Penal Code, 1860 - s.302 rlw s.34 and s.201 - Murder of appellants husband - Death allegedly caused by strangulation with a saree - Circumstantial…
Supreme Court of India11 Aug 2016Full text
2016 INSC 591 · [2016] 7 S.C.R. 760
WITH C.A. Nos. 4318 and4319 of2007. C.A. Nos. 7400, 7401-7872 and 7873-7916 of2016. H 762 SUPREME COURT REPORTS [2016) 7 S.C.R. A N. Venkat Raman, Basava Prabhu S. Patil, S. K. Bagaria, K. V. Vishwanathan, K. N. Bhat, Sr. Advs., Yashraj Singh Deora, Ms. Priyadarshinee Singh, Ms. Ashmita Singh, (For Mis. Mitter & Mitter…
Also on Law on Tips: Bare Acts · Legal news and analysis
Doctrine of ex debito justitiae - Applicability of - Held: Principle of ex debito justitiae is founded on a recognition of a debt that the justice delivery system owes to a litigant to correct an error F in· a judicial dispensation - Its application, by the very nature of things, cannot be made to depend on varying per…
Supreme Court of India29 Aug 2016Full text
2016 INSC 625 · [2016] 4 S.C.R. 225
21) [246-D-G) 1.3 The Scheme in the first instance was floated on July 01, 2005. It clearly mentioned that those interested to opt for the Scheme would give their options by August 01, 2005 and not H MADHYA PRADESH STATE ROAD TRANSPORT 227 CORPORATION v. MANOJ KUMAR thereafter. It was categorically provided that applic…
Supreme Court of India29 Aug 2016Full text
2016 INSC 621 · [2016] 9 S.C.R. 591
(2016] 9 S.C.R. 591 COMMISSIONER OF CENTRAL EXCISE, MADRAS A v. M/S. ADDISON & CO. LTD. (Civil Appeal No. 7906 of2002) AUGUST 29, 2016 B [ANIL R. DAVE, AMITAVA ROY AND L. NAGESWARA RAO, JJ.] Central Excise Act, 1944: s.11-B and its proviso - Refund - Unjust enrichment - Refund cclaim in respect of turnover discount on …
Supreme Court of India26 Aug 2016Full text
2016 INSC 620 · [2016] 6 S.C.R. 333
(1999) 3 SCC 422: 1999 (1) SCR 1121- relied on. G 5. The Division Bench of the High Court failed to appreciate the fact that liberty had been granted by the High Court vide its judgment and order dated 07.11.2006 in W.A. (C) No. 45 of 2006 to the Disciplinary Authority to take disciplinary action against the appellant.…
Supreme Court of India19 Jan 2016Full text
2016 INSC 62 · [2016] 1 S.C.R. 242
- The purpose i.e. for expansion and systematic development of Surajkund Tourist Complex is a public purpose - It included development of parking area adjacent to the Surajkund Tourist F Complex near annual Surajkund Fair - High Court was incorrect in holding that the State has not acted bonafide after 1992 acquisition…
Supreme Court of India26 Aug 2016Full text
2016 INSC 618 · [2016] 4 S.C.R. 111
ALLAHABAD Court, may not attend matters in which they may have filed their A vakalatnama before the High Court. It is imperative for the smooth and effective functioning of the court that the court is able to fix responsibility on Advocates, which is not possible if Roll of Advocates is not maintained in the High Court…
Supreme Court of India26 Aug 2016Full text
2016 INSC 617 · [2016] 4 S.C.R. 276
276 VIVEK SINGH v. STATE OF U.P. & ANR. 277 P. N. Misra, Sr. Adv., Ms. Archana Singh, Abhisth Kumar, Shrish A Kumar Misra, Ad vs. for the Respondents. The Judgment of the Court was delivered by S. A. BOBDE, J. I. On 29.01.2001, the U.P. Public Service Commission invited applications for filling up 800 posts through the…
Supreme Court of India24 Aug 2016Full text
2016 INSC 616 · [2016] 5 S.C.R. 172
2. Recalling of witnesses as envis11ged u/s.311 on the grounds that accused persons are in custody, the prosecution was allowed to recall some of its witnesses earlier, the counsel was ill and magnanimity commands fairness should be shown are G not acceptable in the obtaining factual matrix. The decisions which have us…
Supreme Court of India24 Aug 2016Full text
2016 INSC 615 · [2016] 3 S.C.R. 790
From the Judgment and Order dated 29.01.2016 of the High Court of Delhi at New Delhi in LPA No. 535 of2015. Mrs. Avnish Ahlawat, Dr. Monika Gusain, Anil Kumar, Advs. for the Appellant. Pallav Sishodia, Sr. Adv., Ms. Vaishalee Mehra, Pawan Kishore D Singh, Ms. Madhusmita Bora, Advs. for the Respondent. The Judgment of t…
Supreme Court of India22 Aug 2016Full text
2016 INSC 611 · [2016] 4 S.C.R. 80
Allowing the appeals, the Court G HELD: 1. The Gujarat Secondary Education Act 1972 was enacted by the State legislature for the regulation of secondary education in the State. Section 39 provides for the constitution of a tribunal. Section 38 confers upon the tribunal the jurisdiction to decide certain disputes. The t…
Supreme Court of India17 Aug 2016Full text
2016 INSC 608 · [2016] 7 S.C.R. 102
SHRI VIMAL KISHOR SHAH & ORS. v. MR. JAYESH DINESH 103 SHAH & ORS. under Section 11 of the Act at its threshold. The Trust Deed A including the arbitration clause does not satisfy the requirements of Section 2(b) and 2(h) read with Section 7 of the Act and hence, the Trust Deed cannot be construed as an "arbitration ag…
Supreme Court of India17 Aug 2016Full text
2016 INSC 606 · [2016] 7 S.C.R. 176
176 . BRIJ LAL v. STATE OF RAJASTHAN 177 Dismissing the appeal, the Court A HELD: 1. There is evidence on the record of the case to authenticate, that all the villagers were only persuading the accused-appellant his co-accused not to insist on carrying out their threat, to murder PW-15. The testimony of the prosecution…
Supreme Court of India16 Aug 2016Full text
2016 INSC 604 · [2016] 6 S.C.R. 571
Disposing of the appeals and the writ petition, the Court HELD: 1.1 The Regulation 9 of the Medical Council of India c Post Graduate Medical Education Regulations, 2000 is a complete· Code regarding the procedure to be followed for admissions to medical courses and a provision for determining inter-se merit of the cand…
Supreme Court of India16 Aug 2016Full text
2016 INSC 600 · [2016] 4 S.C.R. 504
Dismissing the appeals, the Court G HELD: 1.1 Admittedly, the goods in question were handed over by the appellants to Respondent No.1. But there is neither any pleading nor proof that the appellants paid any sum for transportation or any other service to Respondent No.1 at the time the goods were handed over to it or s…
Supreme Court of India19 Jan 2016Full text
2016 INSC 60 · [2016] 1 S.C.R. 103
B 2. The marriage of the appellant and the deceased was solemnized in Vizianagaram on 04.05.2007 and the couple was living in Bangalore. Appellants 2 to 6-the parents and sisters of appellant No.1 were living in Vizianagaram. There are no specific allegations against appellants 2 to 6 that the dowry articles were entru…
Supreme Court of India12 Aug 2016Full text
2016 INSC 597 · [2016] 4 S.C.R. 50
Human rights : Use of excessive police force - Held: Amounts to violation of human rights and human dignity. Disposing of the writ petition, the Court F HELD: 1. Holding peaceful demonstration in order to air their grievances and to see that their voice is heard in the relevant quarters is the right of the people. Such…
Supreme Court of India12 Aug 2016Full text
2016 INSC 595 · [2016] 3 S.C.R. 773
Dismissing the appeal, the Court HELD: 1.1 The moot question in the present case is: whether the subject appointment of the appellant to the post of F "Chemical Examiner" in Customs and Central Excise Department has in fact become final? Unlike the confirmed appointment of the appellant to the post of Assistant Chemist…
Supreme Court of India12 Aug 2016Full text
2016 INSC 593 · [2016] 3 S.C.R. 797
[2016] 3 S.C.R. 797 KALA @ CHANDRAKALA 'A v. STATE THROUGH INSPECTOR OF POLICE (Criminal Appeal No. 1791 of2010) AUGUST 12,2016 B [JAGDISH SINGH KHEHAR AND ARUN MISHRA, JJ.] Penal Code, 1860 - s.302 rlw s.34 and s.201 - Murder of appellants husband - Death allegedly caused by strangulation with a saree - Circumstantial…
Supreme Court of India11 Aug 2016Full text
2016 INSC 591 · [2016] 7 S.C.R. 760
WITH C.A. Nos. 4318 and4319 of2007. C.A. Nos. 7400, 7401-7872 and 7873-7916 of2016. H 762 SUPREME COURT REPORTS [2016) 7 S.C.R. A N. Venkat Raman, Basava Prabhu S. Patil, S. K. Bagaria, K. V. Vishwanathan, K. N. Bhat, Sr. Advs., Yashraj Singh Deora, Ms. Priyadarshinee Singh, Ms. Ashmita Singh, (For Mis. Mitter & Mitter…
Also on Law on Tips: Bare Acts · Legal news and analysis