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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.
2,981–3,000 · Page 150 of 382
Supreme Court of India29 Jun 2016Full text
2016 INSC 463 · [2016] 4 S.C.R. 816
Parole - Direction by High Court (in exercise of its jurisdic-tion u/Art. 226) to release life convict on parole - Held: Constitu-tional court before directing the temporary release, should form an opinion that request has been unjustifiably refused or where inter-G est of justice so warrants - However, such jurisdicti…
Supreme Court of India29 Jun 2016Full text
2016 INSC 462 · [2016] 4 S.C.R. 1
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.
2,981–3,000 · Page 150 of 382
Supreme Court of India29 Jun 2016Full text
2016 INSC 463 · [2016] 4 S.C.R. 816
Parole - Direction by High Court (in exercise of its jurisdic-tion u/Art. 226) to release life convict on parole - Held: Constitu-tional court before directing the temporary release, should form an opinion that request has been unjustifiably refused or where inter-G est of justice so warrants - However, such jurisdicti…
Supreme Court of India29 Jun 2016Full text
2016 INSC 462 · [2016] 4 S.C.R. 1
s.48(1) does not permit withdrawal of acquisition proceedings of any land after possession of the land is taken - Therefore, acquisition proceedings could not have been quashed by High Court, as the DGovernment had not acted in accordance with law while withdrawing the land from acquisition proceedings. Allowing the ap…
Supreme Court of India29 Jun 2016Full text
2016 INSC 461 · [2016] 3 S.C.R. 834
1.3 The principle stated in ***0.P. Sil1gla's case that no distinction can be made between direct recruits on one hand and promotees appointed to the Service on the other, in the matter F of their placement in the seniority list does not assist the counsel for the appellants. It is simply so because the appellants were…
Supreme Court of India29 Jun 2016Full text
2016 INSC 460 · [2016] 4 S.C.R. 537
Allowing the appeal, the Court HELD: 1. No sanction is needed to launch the prosecution for the offence punishable under Section 409 IPC. There has to Ebe reasonable connection between the omission or commission and the discharge of official duty or the act committed was under the colour of the office held by the offic…
Supreme Court of India13 Jan 2016Full text
2016 INSC 46 · [2016] 1 S.C.R. 525
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 11450 of2014. H 525 526 SUPREME COURT REPORTS [2016] I S.C.R. A From the Judgment and Order dated 28.11.2014 of the Appellate Tribunal for Electricity New Delhi in Appeal 52of2014. Mukul Rohtagi, A.G, Tushar Mehta. ASG, Yoginder Handoo, Rajat Nair, Darpan Sachdeva for the …
Supreme Court of India29 Jun 2016Full text
2016 INSC 458 · [2016] 3 S.C.R. 1126
1126 DELHI DEVELOPMENT AUTHORITY v. KENNETH 1127 BUILDERS & DEVELOPERS LTD. & ORS. the intervening circumstances not contemplated by either party - A DDA directed to refimd the deposit made by the builder with interest @6%. Dismissing the appeal filed by DDA, the Court HELD: 1. The objection to the maintainability of t…
Supreme Court of India29 Jun 2016Full text
2016 INSC 457 · [2016] 6 S.C.R. 703
[2016] 6 S.C.R. 703 MIS UMESH GOEL A v. HIMACHAL PRADESH COOPERATIVE GROUP HOUSING SOCIETY LTD. (Civil Appeal No.79f6 of2009) B JUNE-29, 2016 [FAKKIR MOHAMED IBRAHIM KALIFULLA AND C. NAGAPPAN, JJ.] Partnership Act, 1932 - s.69(3) - Scope and ambit of - cWhether the ban imposed u!s.69 against an unregistered firm can op…
Supreme Court of India29 Jun 2016Full text
2016 INSC 456 · [2016] 3 S.C.R. 166
Ms. Tri pat Kaur, Ramesh war Prasad Goyal, Advs. for the Appellant. c Sanjay Kr. Tyagi, Ms…
Supreme Court of India29 Jun 2016Full text
2016 INSC 455 · [2016] 3 S.C.R. 818
[2016] 3 S.C.R. 818 A RAJU DEVADE v. STATE OF MAHARASHTRA (Criminal Appeal No. I 012 of2008) B JUNE29,2016 [ABHAY MANOHAR SAPRE AND ASHOK BHUSHAN, JJ.] Penal Code, 1860 - s. 302 - Murder - Conviction on basis of dying declaration - Death of 18 year old girl on sustaining burn c injuries - Oral statement 111ade by the v…
Supreme Court of India29 Jun 2016Full text
2016 INSC 454 · [2016] 5 S.C.R. 503
503 504 SUPREME COURT REPORTS [2016) 5 S.C.R. A SEP & CO. versus Patel Engineering Ltd and another 2005 (4) Suppl. SCR 688 : (2005) 8 SCC 618 - relied on. 2. An application under Section 11 of the Act is expected to contain pleading about the existence of a dispute and the applicant B is not expected to justify the cla…
Supreme Court of India29 Jun 2016Full text
2016 INSC 453 · [2016] 4 S.C.R. 95
HELD: 1.1 In the instant case, no eye witness is produced. GThe statements made before police by the accused wherein the accused is stated to have confessed murder cannot be said to ·be a valid confession as has rightly been held by the Sessions Judge. The prosecution based its case on circumstantial evidence. [Para 8]…
Supreme Court of India29 Jun 2016Full text
2016 INSC 452 · [2016] 3 S.C.R. 420
[2016) 3 S.C.R. 420 A M/S. SUNDARAM FINANCE LIMITED v. NOORJAHAN BEEVI AND ANOTHER B (Civil Appeal No. 7245 of2008) JUNE 29, 2016 [ABHAY MANOHAR SAPRE AND ASHOK BHUSHAN, JJ.) Limitation Act, 1963 -Arts. 55 and 113 - Period of limitationc for filing recovery suit against defaulting borrower - Hire purchase agreement bet…
Supreme Court of India29 Jun 2016Full text
2016 INSC 451 · [2016] 3 S.C.R. 159
From the Judgment and Order dated 18.11.2005 of the High Court of Punjab and Haryana at Chandigarh in R. S. A. No. 4083 of 2005. G Samar Vijay Singh, Kamal Mohan Gupta, Advs., for the Appellant. The Judgment of the Com1 was delivered by ABHAY MANOIIAR SAPRE, J. I. This appeal is filed against the finaljudgment and orde…
Supreme Court of India13 Jan 2016Full text
2016 INSC 45 · [2016] 1 S.C.R. 1
[2016] l S.C.R. I UNITED INDIA INSURANCE CO. LTD. A v. MIS ORIENT TREASURES PVT. LTD. (Civil Appeal No. 2140 of 2007 etc.) JANUARY 13, 2016 B [J. CHELAMESWAR AND ABBAY MANOHAR SAPRE, JJ.] Insurance - Contract of insurance - Between insurance company and the insured company - Insurance of the jewellery in the shop of th…
Supreme Court of India29 Jun 2016Full text
2016 INSC 449 · [2016] 4 S.C.R. 809
G Aniruddha P. Mayee, Adv.(A.C.) for the Appellant. Anukul Chandra Pradhan, Sr. Adv., P.K. Dey, Ms. Rekha Pandey, R. S. Pandey, Ajay Kumar Singlr, Ms. Anil Katiyar, Manish Vashishtha, Ms. Sushma Suri, Advs. for the Respondents. The Judgment of the Court was delivered by H 809 810 SUPREME COURT REPORTS [2016] 4 S.C.R. A…
Supreme Court of India29 Jun 2016Full text
2016 INSC 448 · [2016] 4 S.C.R. 840
2. In the present case, all the findings recorded by the first appellate Court are based on proper appreciation of evidence. These findings are recorded in the light of requirement of provi-sions of the Bombay Rents (Hotel and Lodging House) Rates cControl Act, 1947, after reversing the fintling of the Trial Court on t…
Supreme Court of India29 Jun 2016Full text
2016 INSC 447 · [2016] 3 S.C.R. 181
Appeal -Appeal against acquittal - Re-appreciation of evidence by Supreme Court - Held: When the view taken by the High Court Fwhile reversing the judgment of the trial court appears _to be just and reasonable which is also supported by cogent. reasoning then re-appreciation of evidence not required - It is _only when …
Supreme Court of India29 Jun 2016Full text
2016 INSC 445 · [2016] 4 S.C.R. 799
[2016) 4 S.C.R. 799 UNITED INDIA INSURANCE CO. LTD. A v. LEISURE WEAR EXPORTS LTD. (Civil Appeal No. 1004 of2006) JUNE 29, 2016 B [ABHAY MANOHAR SAPRE AND ASHOK BHUSHAN, JJ.] Marine Insurance Act, 1963 - ss. 17 and 52 - Issuance of Open Marine Policy (Cargo) - To the consignor - Loss occurred to the consignee during su…
Supreme Court of India29 Jun 2016Full text
2016 INSC 444 · [2016] 4 S.C.R. 451
HELD: 1.1 The breach of Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been found in two H 451 452 SUPREME COURT REPORTS [2016] 4 S.C.R. A parts. The first part is that there is difference between the secret information recorded in Exh. P-14 and Exh. P-21 and the information sent to Circle O…
Supreme Court of India29 Jun 2016Full text
2016 INSC 443 · [2016] 5 S.C.R. 622
2.2 Order 41 Rule 27 CPC enables the party to file additional evidence at the first and second appellate stage. If the party to appeal is able to satisfy the appellate Court that there is H 624 SUPREME COURT REPORTS [2016) 5 S.C.R. A justifiable reason for not filing such evidence at the trial stage and that the additi…
Also on Law on Tips: Bare Acts · Legal news and analysis
s.48(1) does not permit withdrawal of acquisition proceedings of any land after possession of the land is taken - Therefore, acquisition proceedings could not have been quashed by High Court, as the DGovernment had not acted in accordance with law while withdrawing the land from acquisition proceedings. Allowing the ap…
Supreme Court of India29 Jun 2016Full text
2016 INSC 461 · [2016] 3 S.C.R. 834
1.3 The principle stated in ***0.P. Sil1gla's case that no distinction can be made between direct recruits on one hand and promotees appointed to the Service on the other, in the matter F of their placement in the seniority list does not assist the counsel for the appellants. It is simply so because the appellants were…
Supreme Court of India29 Jun 2016Full text
2016 INSC 460 · [2016] 4 S.C.R. 537
Allowing the appeal, the Court HELD: 1. No sanction is needed to launch the prosecution for the offence punishable under Section 409 IPC. There has to Ebe reasonable connection between the omission or commission and the discharge of official duty or the act committed was under the colour of the office held by the offic…
Supreme Court of India13 Jan 2016Full text
2016 INSC 46 · [2016] 1 S.C.R. 525
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 11450 of2014. H 525 526 SUPREME COURT REPORTS [2016] I S.C.R. A From the Judgment and Order dated 28.11.2014 of the Appellate Tribunal for Electricity New Delhi in Appeal 52of2014. Mukul Rohtagi, A.G, Tushar Mehta. ASG, Yoginder Handoo, Rajat Nair, Darpan Sachdeva for the …
Supreme Court of India29 Jun 2016Full text
2016 INSC 458 · [2016] 3 S.C.R. 1126
1126 DELHI DEVELOPMENT AUTHORITY v. KENNETH 1127 BUILDERS & DEVELOPERS LTD. & ORS. the intervening circumstances not contemplated by either party - A DDA directed to refimd the deposit made by the builder with interest @6%. Dismissing the appeal filed by DDA, the Court HELD: 1. The objection to the maintainability of t…
Supreme Court of India29 Jun 2016Full text
2016 INSC 457 · [2016] 6 S.C.R. 703
[2016] 6 S.C.R. 703 MIS UMESH GOEL A v. HIMACHAL PRADESH COOPERATIVE GROUP HOUSING SOCIETY LTD. (Civil Appeal No.79f6 of2009) B JUNE-29, 2016 [FAKKIR MOHAMED IBRAHIM KALIFULLA AND C. NAGAPPAN, JJ.] Partnership Act, 1932 - s.69(3) - Scope and ambit of - cWhether the ban imposed u!s.69 against an unregistered firm can op…
Supreme Court of India29 Jun 2016Full text
2016 INSC 456 · [2016] 3 S.C.R. 166
Ms. Tri pat Kaur, Ramesh war Prasad Goyal, Advs. for the Appellant. c Sanjay Kr. Tyagi, Ms…
Supreme Court of India29 Jun 2016Full text
2016 INSC 455 · [2016] 3 S.C.R. 818
[2016] 3 S.C.R. 818 A RAJU DEVADE v. STATE OF MAHARASHTRA (Criminal Appeal No. I 012 of2008) B JUNE29,2016 [ABHAY MANOHAR SAPRE AND ASHOK BHUSHAN, JJ.] Penal Code, 1860 - s. 302 - Murder - Conviction on basis of dying declaration - Death of 18 year old girl on sustaining burn c injuries - Oral statement 111ade by the v…
Supreme Court of India29 Jun 2016Full text
2016 INSC 454 · [2016] 5 S.C.R. 503
503 504 SUPREME COURT REPORTS [2016) 5 S.C.R. A SEP & CO. versus Patel Engineering Ltd and another 2005 (4) Suppl. SCR 688 : (2005) 8 SCC 618 - relied on. 2. An application under Section 11 of the Act is expected to contain pleading about the existence of a dispute and the applicant B is not expected to justify the cla…
Supreme Court of India29 Jun 2016Full text
2016 INSC 453 · [2016] 4 S.C.R. 95
HELD: 1.1 In the instant case, no eye witness is produced. GThe statements made before police by the accused wherein the accused is stated to have confessed murder cannot be said to ·be a valid confession as has rightly been held by the Sessions Judge. The prosecution based its case on circumstantial evidence. [Para 8]…
Supreme Court of India29 Jun 2016Full text
2016 INSC 452 · [2016] 3 S.C.R. 420
[2016) 3 S.C.R. 420 A M/S. SUNDARAM FINANCE LIMITED v. NOORJAHAN BEEVI AND ANOTHER B (Civil Appeal No. 7245 of2008) JUNE 29, 2016 [ABHAY MANOHAR SAPRE AND ASHOK BHUSHAN, JJ.) Limitation Act, 1963 -Arts. 55 and 113 - Period of limitationc for filing recovery suit against defaulting borrower - Hire purchase agreement bet…
Supreme Court of India29 Jun 2016Full text
2016 INSC 451 · [2016] 3 S.C.R. 159
From the Judgment and Order dated 18.11.2005 of the High Court of Punjab and Haryana at Chandigarh in R. S. A. No. 4083 of 2005. G Samar Vijay Singh, Kamal Mohan Gupta, Advs., for the Appellant. The Judgment of the Com1 was delivered by ABHAY MANOIIAR SAPRE, J. I. This appeal is filed against the finaljudgment and orde…
Supreme Court of India13 Jan 2016Full text
2016 INSC 45 · [2016] 1 S.C.R. 1
[2016] l S.C.R. I UNITED INDIA INSURANCE CO. LTD. A v. MIS ORIENT TREASURES PVT. LTD. (Civil Appeal No. 2140 of 2007 etc.) JANUARY 13, 2016 B [J. CHELAMESWAR AND ABBAY MANOHAR SAPRE, JJ.] Insurance - Contract of insurance - Between insurance company and the insured company - Insurance of the jewellery in the shop of th…
Supreme Court of India29 Jun 2016Full text
2016 INSC 449 · [2016] 4 S.C.R. 809
G Aniruddha P. Mayee, Adv.(A.C.) for the Appellant. Anukul Chandra Pradhan, Sr. Adv., P.K. Dey, Ms. Rekha Pandey, R. S. Pandey, Ajay Kumar Singlr, Ms. Anil Katiyar, Manish Vashishtha, Ms. Sushma Suri, Advs. for the Respondents. The Judgment of the Court was delivered by H 809 810 SUPREME COURT REPORTS [2016] 4 S.C.R. A…
Supreme Court of India29 Jun 2016Full text
2016 INSC 448 · [2016] 4 S.C.R. 840
2. In the present case, all the findings recorded by the first appellate Court are based on proper appreciation of evidence. These findings are recorded in the light of requirement of provi-sions of the Bombay Rents (Hotel and Lodging House) Rates cControl Act, 1947, after reversing the fintling of the Trial Court on t…
Supreme Court of India29 Jun 2016Full text
2016 INSC 447 · [2016] 3 S.C.R. 181
Appeal -Appeal against acquittal - Re-appreciation of evidence by Supreme Court - Held: When the view taken by the High Court Fwhile reversing the judgment of the trial court appears _to be just and reasonable which is also supported by cogent. reasoning then re-appreciation of evidence not required - It is _only when …
Supreme Court of India29 Jun 2016Full text
2016 INSC 445 · [2016] 4 S.C.R. 799
[2016) 4 S.C.R. 799 UNITED INDIA INSURANCE CO. LTD. A v. LEISURE WEAR EXPORTS LTD. (Civil Appeal No. 1004 of2006) JUNE 29, 2016 B [ABHAY MANOHAR SAPRE AND ASHOK BHUSHAN, JJ.] Marine Insurance Act, 1963 - ss. 17 and 52 - Issuance of Open Marine Policy (Cargo) - To the consignor - Loss occurred to the consignee during su…
Supreme Court of India29 Jun 2016Full text
2016 INSC 444 · [2016] 4 S.C.R. 451
HELD: 1.1 The breach of Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been found in two H 451 452 SUPREME COURT REPORTS [2016] 4 S.C.R. A parts. The first part is that there is difference between the secret information recorded in Exh. P-14 and Exh. P-21 and the information sent to Circle O…
Supreme Court of India29 Jun 2016Full text
2016 INSC 443 · [2016] 5 S.C.R. 622
2.2 Order 41 Rule 27 CPC enables the party to file additional evidence at the first and second appellate stage. If the party to appeal is able to satisfy the appellate Court that there is H 624 SUPREME COURT REPORTS [2016) 5 S.C.R. A justifiable reason for not filing such evidence at the trial stage and that the additi…
Also on Law on Tips: Bare Acts · Legal news and analysis