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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.
281–300 · Page 15 of 382
Supreme Court of India8 Aug 2019Full text
2019 INSC 875 · [2019] 11 S.C.R. 640
H 642 SUPREME COURT REPORTS [2019] 11 S.C.R. A CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3559 of 2010 From the Judgment and Order dated 05.12.2007 of the High Court of Judicature at Allahabad in First Appeal from Order No. 3728 of 2007 B Ms. Komal Mundhra, Saurabh Agrawal, Abhijit Sengupta, Advs. for the Appellant…
Supreme Court of India7 Aug 2019Full text
2019 INSC 874 · [2019] 11 S.C.R. 597
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.
281–300 · Page 15 of 382
Supreme Court of India8 Aug 2019Full text
2019 INSC 875 · [2019] 11 S.C.R. 640
H 642 SUPREME COURT REPORTS [2019] 11 S.C.R. A CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3559 of 2010 From the Judgment and Order dated 05.12.2007 of the High Court of Judicature at Allahabad in First Appeal from Order No. 3728 of 2007 B Ms. Komal Mundhra, Saurabh Agrawal, Abhijit Sengupta, Advs. for the Appellant…
Supreme Court of India7 Aug 2019Full text
2019 INSC 874 · [2019] 11 S.C.R. 597
F Allowing the appeal, the Court HELD: 1. In J.K. International v. State (Govt. of NCT of Delhi) & Ors., it has been held that if the cause of justice would be better served by granting such permission, the Magistrate’s court would generally grant such permission. An aggrieved Gprivate person is not altogether eclipsed…
Supreme Court of India7 Aug 2019Full text
2019 INSC 873 · [2019] 10 S.C.R. 636
2. The present case involves the question as to whether an arbitration clause would spring into being at the stage of Letter of Award (referred to as ‘LOA’ for brevity) acceptance, or whether it would be necessary to sign the ultimate agreement which would then bring in the D arbitration clause contained therein. 3. Th…
Supreme Court of India7 Aug 2019Full text
2019 INSC 872 · [2019] 11 S.C.R. 587
[2019] 11 S.C.R. 587 587 MAHESH KUMAR A v. STATE OF HARYANA (Criminal Appeal No. 1042 of 2012) AUGUST 07, 2019 B [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Penal Code, 1860 – s.304-B – Dowry death – When not – PW-3-father of the deceased stated that the appellant got married to his daughter on 26.05.91 – Soon after the m…
Supreme Court of India7 Aug 2019Full text
2019 INSC 871 · [2019] 11 S.C.R. 135
[2019][2019] 1111 S.C.R.S.C.R. 1351 135 BHAGWAN A v. STATE OF MAHARASAHTRA THROUGH SECRETARY HOME, MUMBAI, MAHARASHTRA (Criminal Appeal No. 385 of 2010) B AUGUST 07, 2019 [SANJAY KISHAN KAUL AND K.M. JOSEPH, JJ.] Penal Code, 1860: C s.302 – Prosecution u/ss. 302 and 326 – For causing death of his wife and injuries to t…
Supreme Court of India6 Aug 2019Full text
2019 INSC 867 · [2019] 11 S.C.R. 65
H 65 66 SUPREME COURT REPORTS [2019] 11 S.C.R. A Allowing the appeal, the Court HELD: 1.1 The condition of the advertisement was Diploma in Yoga or Yoga Therapy. The appellant possesses Diploma in Yoga Education. The Court in exercise of power of judicial review could not come to a conclusion that the Diploma possessed…
Supreme Court of India6 Aug 2019Full text
2019 INSC 866 · [2019] 11 S.C.R. 57
– When the respondent has consistently defaulted in payment of premium/installments, it is open to the competent authority to take F action in accordance with law – Since the allotment of the respondent was of the year 1996 and considering the fact that the respondent already deposited an amount of Rs.1,02,000/- it wou…
Supreme Court of India6 Aug 2019Full text
2019 INSC 865 · [2019] 11 S.C.R. 40
– Held: It has nowhere been said in the judicial pronouncements that s.141 IPC should be specifically invoked or else consequences would be fatal – As long as the necessary ingredients of an unlawful assembly are set out and proved, as enunciated in s. 141 IPC, it F would suffice – The actions of an unlawful assembly a…
Supreme Court of India6 Aug 2019Full text
2019 INSC 864 · [2019] 11 S.C.R. 22
22 SUPREME COURT[2019]REPORTS11 S.C.R. 22 [2019] 11 S.C.R. A JAGDISH AND ANOTHER v. THE STATE OF HARYANA (Criminal Appeal No. 1864 of 2009)2009)2019) B AUGUST 06, 201920192009 [ASHOK BHUSHAN AND NAVIN SINHA, JJ.] Penal Code, 1860: ss. 302, 149 and 148 – Involvement of 13 accused in the C offence including two juveniles…
Supreme Court of India6 Aug 2019Full text
2019 INSC 863 · [2019] 11 S.C.R. 14
Dismissing the appeals, the CourtG HELD: 1. On perusal of materials on record, the relationship between parties and the existence of a land dispute regarding which a civil suit was also pending are undisputed facts. The fact that a verbal duel followed by scuffle took place between the parties culminating in injuries i…
Supreme Court of India6 Aug 2019Full text
2019 INSC 862 · [2019] 11 S.C.R. 1
B Criminal Trial – Delay in recording of the statement of eye witnesses – When does not raise suspicion – Discussed. Evidence– Recovery of bloodstained weapon– Burden to be discharged by the prosecution – Discussed. Allowing the appeals, the Court C HELD: 1.1 Though the incident took place on 22nd January, 2007, the st…
Supreme Court of India5 Aug 2019Full text
2019 INSC 861 · [2019] 10 S.C.R. 1046
present case, it was too early to request for DNA Test without carrying out substantial investigation – Therefore, order of Civil Judge was unsustainable. Allowing the appeal, the Court E HELD: Section 53 Cr.P.C empowers the police authorities to request a medical practitioner to conduct examination of a person. Presen…
Supreme Court of India5 Aug 2019Full text
2019 INSC 860 · [2019] 10 S.C.R. 1051
Anand case or three Judgment Bench judgment in #Gauri Shanker case – Gauri Shanker case being on different provision and premise, is distinguishable and cannot be said to be a binding precedent – In **Gian Devi Anand case it was suggested to legislature to consider making ‘bonafide requirement’ a ground for eviction in…
Supreme Court of India24 Jan 2019Full text
2019 INSC 86 · [2019] 5 S.C.R. 1163
1163 1164 SUPREME COURT REPORTS [2019] 5 S.C.R. A of Projectionist. The advertisement stipulated that the candidate must inter alia possess license for operating cinema projector. Appellant and the third respondent were the only candidates. The appellant was appointed on the post of Projectionist. Third respondent chal…
Supreme Court of India5 Aug 2019Full text
2019 INSC 859 · [2019] 10 S.C.R. 1121
Allowing the appeals, the Court HELD: 1. Section 33(2) of the Mumbai Municipal Corporation Act, 1888 incorporated the statutory Scheme that if E Chief Judge of Small Causes Court finds that the person whose election is objected to is disqualified for being a councillor, or if he finds that the election is not a valid e…
Supreme Court of India5 Aug 2019Full text
2019 INSC 858 · [2019] 10 S.C.R. 1023
respondents given liberty to submit representation to the Corporation, if there are any materials and grounds that in the Master Plan in operation in 2002, the land use of the property in question was not residential but commercial – Rajasthan Municipalities (Amendment) Act, 1999. C Allowing the appeal, the Court HELD:…
Supreme Court of India2 Aug 2019Full text
2019 INSC 857 · [2019] 11 S.C.R. 157
conclusion – Appeal allowed. *Joseph Shine v. Union of India (2019) 3 SCC 39 : [2018] 11 SCR 765 – followed. CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3204 of 2019 F From the Judgment and Order dated 08.01.2019 of the Armed Forces Tribunal, Regional Bench, Srinagar at Jammu in Original Application No. 450 of 2017…
Supreme Court of India2 Aug 2019Full text
2019 INSC 856 · [2019] 10 S.C.R. 996
and reduction of sentence – Appeal by accused challenging conviction order – Held: Evidence on record point to the existence of mens rea and hence conviction u/s.120B IPC and s.38 of the Act was correct – But the offences u/ss. 125 IPC and ss.39 and 40 of the Act are not made out, hence acquittal thereunder affirmed – …
Supreme Court of India2 Aug 2019Full text
2019 INSC 855 · [2019] 10 S.C.R. 1006
for the purpose of investigation – Such power is conferred on the Magistrate by a process of judicial interpretation and in exercise of jurisdiction vested in Art.142 of the Constitution – Constitution of India – Art.142. Constitution of India: E Art.20(3) – Applicability of – Held: Art.20(3) would come into play, only…
Supreme Court of India1 Aug 2019Full text
2019 INSC 854 · [2019] 10 S.C.R. 1111
had identified the appellants to be the ones who had made two calls, that does not lead to infer that the calls must have been made to PWs4 and 10. This circumstance has not been fully established which could be read against the appellants.b) Though drawing book had been received from the house of appellant No.1 C and …
Also on Law on Tips: Bare Acts · Legal news and analysis
F Allowing the appeal, the Court HELD: 1. In J.K. International v. State (Govt. of NCT of Delhi) & Ors., it has been held that if the cause of justice would be better served by granting such permission, the Magistrate’s court would generally grant such permission. An aggrieved Gprivate person is not altogether eclipsed…
Supreme Court of India7 Aug 2019Full text
2019 INSC 873 · [2019] 10 S.C.R. 636
2. The present case involves the question as to whether an arbitration clause would spring into being at the stage of Letter of Award (referred to as ‘LOA’ for brevity) acceptance, or whether it would be necessary to sign the ultimate agreement which would then bring in the D arbitration clause contained therein. 3. Th…
Supreme Court of India7 Aug 2019Full text
2019 INSC 872 · [2019] 11 S.C.R. 587
[2019] 11 S.C.R. 587 587 MAHESH KUMAR A v. STATE OF HARYANA (Criminal Appeal No. 1042 of 2012) AUGUST 07, 2019 B [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Penal Code, 1860 – s.304-B – Dowry death – When not – PW-3-father of the deceased stated that the appellant got married to his daughter on 26.05.91 – Soon after the m…
Supreme Court of India7 Aug 2019Full text
2019 INSC 871 · [2019] 11 S.C.R. 135
[2019][2019] 1111 S.C.R.S.C.R. 1351 135 BHAGWAN A v. STATE OF MAHARASAHTRA THROUGH SECRETARY HOME, MUMBAI, MAHARASHTRA (Criminal Appeal No. 385 of 2010) B AUGUST 07, 2019 [SANJAY KISHAN KAUL AND K.M. JOSEPH, JJ.] Penal Code, 1860: C s.302 – Prosecution u/ss. 302 and 326 – For causing death of his wife and injuries to t…
Supreme Court of India6 Aug 2019Full text
2019 INSC 867 · [2019] 11 S.C.R. 65
H 65 66 SUPREME COURT REPORTS [2019] 11 S.C.R. A Allowing the appeal, the Court HELD: 1.1 The condition of the advertisement was Diploma in Yoga or Yoga Therapy. The appellant possesses Diploma in Yoga Education. The Court in exercise of power of judicial review could not come to a conclusion that the Diploma possessed…
Supreme Court of India6 Aug 2019Full text
2019 INSC 866 · [2019] 11 S.C.R. 57
– When the respondent has consistently defaulted in payment of premium/installments, it is open to the competent authority to take F action in accordance with law – Since the allotment of the respondent was of the year 1996 and considering the fact that the respondent already deposited an amount of Rs.1,02,000/- it wou…
Supreme Court of India6 Aug 2019Full text
2019 INSC 865 · [2019] 11 S.C.R. 40
– Held: It has nowhere been said in the judicial pronouncements that s.141 IPC should be specifically invoked or else consequences would be fatal – As long as the necessary ingredients of an unlawful assembly are set out and proved, as enunciated in s. 141 IPC, it F would suffice – The actions of an unlawful assembly a…
Supreme Court of India6 Aug 2019Full text
2019 INSC 864 · [2019] 11 S.C.R. 22
22 SUPREME COURT[2019]REPORTS11 S.C.R. 22 [2019] 11 S.C.R. A JAGDISH AND ANOTHER v. THE STATE OF HARYANA (Criminal Appeal No. 1864 of 2009)2009)2019) B AUGUST 06, 201920192009 [ASHOK BHUSHAN AND NAVIN SINHA, JJ.] Penal Code, 1860: ss. 302, 149 and 148 – Involvement of 13 accused in the C offence including two juveniles…
Supreme Court of India6 Aug 2019Full text
2019 INSC 863 · [2019] 11 S.C.R. 14
Dismissing the appeals, the CourtG HELD: 1. On perusal of materials on record, the relationship between parties and the existence of a land dispute regarding which a civil suit was also pending are undisputed facts. The fact that a verbal duel followed by scuffle took place between the parties culminating in injuries i…
Supreme Court of India6 Aug 2019Full text
2019 INSC 862 · [2019] 11 S.C.R. 1
B Criminal Trial – Delay in recording of the statement of eye witnesses – When does not raise suspicion – Discussed. Evidence– Recovery of bloodstained weapon– Burden to be discharged by the prosecution – Discussed. Allowing the appeals, the Court C HELD: 1.1 Though the incident took place on 22nd January, 2007, the st…
Supreme Court of India5 Aug 2019Full text
2019 INSC 861 · [2019] 10 S.C.R. 1046
present case, it was too early to request for DNA Test without carrying out substantial investigation – Therefore, order of Civil Judge was unsustainable. Allowing the appeal, the Court E HELD: Section 53 Cr.P.C empowers the police authorities to request a medical practitioner to conduct examination of a person. Presen…
Supreme Court of India5 Aug 2019Full text
2019 INSC 860 · [2019] 10 S.C.R. 1051
Anand case or three Judgment Bench judgment in #Gauri Shanker case – Gauri Shanker case being on different provision and premise, is distinguishable and cannot be said to be a binding precedent – In **Gian Devi Anand case it was suggested to legislature to consider making ‘bonafide requirement’ a ground for eviction in…
Supreme Court of India24 Jan 2019Full text
2019 INSC 86 · [2019] 5 S.C.R. 1163
1163 1164 SUPREME COURT REPORTS [2019] 5 S.C.R. A of Projectionist. The advertisement stipulated that the candidate must inter alia possess license for operating cinema projector. Appellant and the third respondent were the only candidates. The appellant was appointed on the post of Projectionist. Third respondent chal…
Supreme Court of India5 Aug 2019Full text
2019 INSC 859 · [2019] 10 S.C.R. 1121
Allowing the appeals, the Court HELD: 1. Section 33(2) of the Mumbai Municipal Corporation Act, 1888 incorporated the statutory Scheme that if E Chief Judge of Small Causes Court finds that the person whose election is objected to is disqualified for being a councillor, or if he finds that the election is not a valid e…
Supreme Court of India5 Aug 2019Full text
2019 INSC 858 · [2019] 10 S.C.R. 1023
respondents given liberty to submit representation to the Corporation, if there are any materials and grounds that in the Master Plan in operation in 2002, the land use of the property in question was not residential but commercial – Rajasthan Municipalities (Amendment) Act, 1999. C Allowing the appeal, the Court HELD:…
Supreme Court of India2 Aug 2019Full text
2019 INSC 857 · [2019] 11 S.C.R. 157
conclusion – Appeal allowed. *Joseph Shine v. Union of India (2019) 3 SCC 39 : [2018] 11 SCR 765 – followed. CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3204 of 2019 F From the Judgment and Order dated 08.01.2019 of the Armed Forces Tribunal, Regional Bench, Srinagar at Jammu in Original Application No. 450 of 2017…
Supreme Court of India2 Aug 2019Full text
2019 INSC 856 · [2019] 10 S.C.R. 996
and reduction of sentence – Appeal by accused challenging conviction order – Held: Evidence on record point to the existence of mens rea and hence conviction u/s.120B IPC and s.38 of the Act was correct – But the offences u/ss. 125 IPC and ss.39 and 40 of the Act are not made out, hence acquittal thereunder affirmed – …
Supreme Court of India2 Aug 2019Full text
2019 INSC 855 · [2019] 10 S.C.R. 1006
for the purpose of investigation – Such power is conferred on the Magistrate by a process of judicial interpretation and in exercise of jurisdiction vested in Art.142 of the Constitution – Constitution of India – Art.142. Constitution of India: E Art.20(3) – Applicability of – Held: Art.20(3) would come into play, only…
Supreme Court of India1 Aug 2019Full text
2019 INSC 854 · [2019] 10 S.C.R. 1111
had identified the appellants to be the ones who had made two calls, that does not lead to infer that the calls must have been made to PWs4 and 10. This circumstance has not been fully established which could be read against the appellants.b) Though drawing book had been received from the house of appellant No.1 C and …
Also on Law on Tips: Bare Acts · Legal news and analysis