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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.
3,041–3,060 · Page 153 of 382
Supreme Court of India6 May 2016Full text
2016 INSC 384 · [2016] 2 S.C.R. 468
G Sentence/Sentencing: Plea of leniency - Murder of pregnant wife - Plea that son aged 17 years old residing with the accused -Held: That cannot be a ground so as to sho11• any leniency in such kind of offence. particularly when the accused had not cared and caused death of his wife who was pregnalll, carrying 8 months…
Supreme Court of India5 May 2016Full text
2016 INSC 383 · [2016] 2 S.C.R. 759
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.
3,041–3,060 · Page 153 of 382
Supreme Court of India6 May 2016Full text
2016 INSC 384 · [2016] 2 S.C.R. 468
G Sentence/Sentencing: Plea of leniency - Murder of pregnant wife - Plea that son aged 17 years old residing with the accused -Held: That cannot be a ground so as to sho11• any leniency in such kind of offence. particularly when the accused had not cared and caused death of his wife who was pregnalll, carrying 8 months…
Supreme Court of India5 May 2016Full text
2016 INSC 383 · [2016] 2 S.C.R. 759
From the Judgment and Order dated 21.10.2010 in CMWP No. 57925 of2008 passed by the High Court of Judicature at Allahabad. Kavin Gulati, Sr. Adv., Rajeev Dubey, Roh it Sthelekar, Kamlendra H Mishra fortheAppellant. ALIGARH DEVELOPMENT AUTHORITY v. MEGH SINGH 761 Dinesh Kumar Garg, Dhananjay Garg, Deepak Mishra, Gunnam …
Supreme Court of India11 Jan 2016Full text
2016 INSC 38 · [2016] 1 S.C.R. 179
F Allowing the appeal, the Court HELD: 1.1 In view of the evidence and circumstances of the case, what emerges is that it could not be said to be a case of consensual sexual intercourse. The victim had made a hue and cry on commission of rape on her and also on being threatened that she would narrate the incident to he…
Supreme Court of India5 May 2016Full text
2016 INSC 377 · [2016] 2 S.C.R. 341
Allowing the appeal, the Court HELD: 1. The fact that the appellant was younger brother Fof the deceased >yas within the knowledge of the State. Similarly, .the State was aware that the brother docs not fall within the definition of dependent at the relevant time and still the State authorities obtained the undertaking…
Supreme Court of India5 May 2016Full text
2016 INSC 376 · [2016] 3 S.C.R. 538
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4817 of20l6. From the Judgment and Order dated 04.09.2012 of the High Court G of Madhya Pradesh principal scat at Jabalpur in Writ Appeal No. 1020 of2009. WITH C. A. Nos. 4818 and 4819 of2016. H C. D. Singh, Adv. for the Appellants. 538 STATE OF MADHYA PRADESH & ORS. v. MI…
Supreme Court of India5 May 2016Full text
2016 INSC 375 · [2016] 2 S.C.R. 1074
G Allowing the appeal, the Court HELD: 1.1 On perusal of the record of the case, it is found that firstly; arbitration proceedings in relation to the contract dated 22.08.2005 are still pending. Secondly, the sum claimed by the respondents from the appellant does not relate to the contract H for which the Bank Guarante…
Supreme Court of India5 May 2016Full text
2016 INSC 374 · [2016] 2 S.C.R. 764
4118 of 2006 passed by the High Court of Punjab & Haryana at C Chandigarh. Rajiv K. Garg, Ashish Garg, Vineet Garg, T.L. Garg for the Appellants. Dinesh Chander Yadav, AAG, M.K. Bansal, A.S. Rishi, Sanjay Kumar Visen for the Respondents. D The Judgment of the Court was delivered by KURIAN, J. I. Leave granted. 2.The ap…
Supreme Court of India5 May 2016Full text
2016 INSC 373 · [2016] 2 S.C.R. 655
Allowing the appeal, the Court HE,LD: 1.1 As per concurrent findings of all the courts, defendant no. 3 has failed to prove the factum of her adoption by H 655 656 SUPREME COURT REPORTS [2016] 2 S.C.R. A deceased 'Y' in the year 1959. There was no corresponding document of adoption and other documentary evidence showin…
Supreme Court of India4 May 2016Full text
2016 INSC 372 · [2016] 2 S.C.R. 1052
Delhi Cloth and General Mils Co. Ltd. vs. The Chief Co111111issioner, Delhi and others 1970 (2) SCR 348:(1970) 2 SCC 172; J.K. Industries Limited and others vs. Chief Inspector of Factories and Boilers and F others 1996 (6) Suppl. SCR 798: (1996) 6 SCC 665 -referred to. Case Law Reference 1970 (2) SCR 348 referred to P…
Supreme Court of India4 May 2016Full text
2016 INSC 371 · [2016] 3 S.C.R. 103
HELD: 1. The allegations levelled against respondent nos.1 to 3 could not be treated as purely of a personal nature. The Gcomplainants, who are arrayed in the present appeal as respondent nos.4 to 7 surprisingly, affirmed (in the compounding petition) that "no misappropriation of the amounts of the Association is commi…
Supreme Court of India4 May 2016Full text
2016 INSC 370 · [2016] 2 S.C.R. 649
B WITH Crl.A. No. 464-466 of2013 .. R. K. Dash, Sr. Adv., S. S. Shamshery, AAG, Ajay Choudhary, Mohd. lrshad Hanif, N. A. Usmani, Arif Ali Khan, Amit Sharma, Prateek c Yadav, Ms. Anu Dixit Kaushik, Ms. Ruchi Kohli, Ms. Nidhi (SCLSC), Amit Sharma, Prateek Yadav, Advs. with them for the appearing parties. The Judgment of…
Supreme Court of India11 Jan 2016Full text
2016 INSC 37 · [2016] 1 S.C.R. 151
Suo Moto Proceedings Against R. Karuppan, Advocate 2001 (3) SCR 750 = 2001 (5) sec 289; Muthu Karuppan v. Parithi Ilamvazhuthi 2011 (5) SCR 329 = 2011 (5) sec 496 - relied on. F 3. A global search of cases pertaining to the filing of a false affidavit indicates that the number of such cases that are reported has shown …
Supreme Court of India3 May 2016Full text
2016 INSC 363 · [2016] 5 S.C.R. 565
Partly allowing the appeal, the Court HELD: 1. The Government of Karnataka in exercise of its H . 565 I . 566 SUPREME COURT REPORTS [2016] 5 S.C.R. A powers conferred by Section 8 (5) of the Central Sales Tax Act (CST Act), issued Notification No.119 FD 119 CSL 2002(2) dated 31.05.2002 granting reduction in the rate of…
Supreme Court of India2 May 2016Full text
2016 INSC 358 · [2016] 4 S.C.R. 867
Allowing the appeal of the Revenue and dismissing that of the assessee, the Court F HELD: 1. From the reading of Section 153 of Income Tax Act, 1961, the period (not exceeding 180 days) commencing from the date on which the ITO forwards the draft order under sub-Section (1) of Section 144B of the Act to the assessee an…
Supreme Court of India29 Apr 2016Full text
2016 INSC 355 · [2016] 4 S.C.R. 372
- His having embraced Sikhism was publicly declared - No objection lt'as raised to his conversion to Sikhism - A person can change hisL religion but not the caste, as caste has linkage to birth - Thus, it is duly proved that returned candidate belonged to the Scheduled Caste - Hence, his election was not liable to be s…
Supreme Court of India28 Apr 2016Full text
2016 INSC 354 · [2016] 3 S.C.R. 48
[2016] 3 S.C.R. 48 A VERHOEVEN, MARIE-EMMANUELLE v. UNION OF INDIA & ORS. (Writ Petition (Criminal) No. 178of2015) B APRIL 28, 2016 [MADAN B. LOKUR AND N.V. RAMANA, JJ.] Extradition Act, I 962: Applicability of the Act to a foreign State - Scope of judicial c review - Held: Whether the Extradition Act is to be made app…
Supreme Court of India28 Apr 2016Full text
2016 INSC 353 · [2016] 2 S.C.R. 622
Allowing the appeals, the Court G HELD: 1.1 Reading harpioniously, Section 24(3) and 24(4) of the Insecticide Act, 1968, it is concluded that insofar as the person. from whom the sample was taken, the right to raise an· objection is circumscribed by requiring him to indicate his intention to do so within 28 days of the…
Supreme Court of India28 Apr 2016Full text
2016 INSC 352 · [2016] 2 S.C.R. 396
WITH C. A. NOS. 4545, 4546, 4547, 4548, 4549, 4550, 4552, 4553, 4554, 45S5, 4556, 4557, 4558, 4559, 4560, 4561, 4562, 4563, 4564, 4565, 4566, D4567, 4568, 4569, 4570, 4571, 4572, 4573, 4574, 4575, 4576, 4577, 4578, 4579, 4580, 4581, 4582, 4583, 4584, 4585, 4586, 4587, 4588, 4589, 4590, 4591, 4592, 4593, 4594, 4595, 459…
Supreme Court of India28 Apr 2016Full text
2016 INSC 351 · [2016] 3 S.C.R. 390
HELD: 1.1 The period during which interim stay of the order passed by the court is in operation has to be excluded while computing the period of two years as limitation period prescribed for completing the block assessment. [Para 15] (398-F]F 1.2 The explanation 1 to s. 158BE(2) of the Income Tax Act, 1961 grants benef…
Supreme Court of India28 Apr 2016Full text
2016 INSC 350 · [2016] 3 S.C.R. 547
Christian Medical College, Vellore & Ors. v. Union of E India & Ors. 2013 (7) SCR 908 : (2014) (2) SCC 305 - referred to. Case Law Reference 2013 (7) SCR 908 referred to Para 8 · F CIVIL ORIGINAL JURISDJCTION : Writ Petition (C) No. 261 of2016. Amit Kumar, Avijit Mani Tripathi, Ms. Rekha Bakshi, Shaurya Sahay, Advs. fo…
Also on Law on Tips: Bare Acts · Legal news and analysis
From the Judgment and Order dated 21.10.2010 in CMWP No. 57925 of2008 passed by the High Court of Judicature at Allahabad. Kavin Gulati, Sr. Adv., Rajeev Dubey, Roh it Sthelekar, Kamlendra H Mishra fortheAppellant. ALIGARH DEVELOPMENT AUTHORITY v. MEGH SINGH 761 Dinesh Kumar Garg, Dhananjay Garg, Deepak Mishra, Gunnam …
Supreme Court of India11 Jan 2016Full text
2016 INSC 38 · [2016] 1 S.C.R. 179
F Allowing the appeal, the Court HELD: 1.1 In view of the evidence and circumstances of the case, what emerges is that it could not be said to be a case of consensual sexual intercourse. The victim had made a hue and cry on commission of rape on her and also on being threatened that she would narrate the incident to he…
Supreme Court of India5 May 2016Full text
2016 INSC 377 · [2016] 2 S.C.R. 341
Allowing the appeal, the Court HELD: 1. The fact that the appellant was younger brother Fof the deceased >yas within the knowledge of the State. Similarly, .the State was aware that the brother docs not fall within the definition of dependent at the relevant time and still the State authorities obtained the undertaking…
Supreme Court of India5 May 2016Full text
2016 INSC 376 · [2016] 3 S.C.R. 538
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4817 of20l6. From the Judgment and Order dated 04.09.2012 of the High Court G of Madhya Pradesh principal scat at Jabalpur in Writ Appeal No. 1020 of2009. WITH C. A. Nos. 4818 and 4819 of2016. H C. D. Singh, Adv. for the Appellants. 538 STATE OF MADHYA PRADESH & ORS. v. MI…
Supreme Court of India5 May 2016Full text
2016 INSC 375 · [2016] 2 S.C.R. 1074
G Allowing the appeal, the Court HELD: 1.1 On perusal of the record of the case, it is found that firstly; arbitration proceedings in relation to the contract dated 22.08.2005 are still pending. Secondly, the sum claimed by the respondents from the appellant does not relate to the contract H for which the Bank Guarante…
Supreme Court of India5 May 2016Full text
2016 INSC 374 · [2016] 2 S.C.R. 764
4118 of 2006 passed by the High Court of Punjab & Haryana at C Chandigarh. Rajiv K. Garg, Ashish Garg, Vineet Garg, T.L. Garg for the Appellants. Dinesh Chander Yadav, AAG, M.K. Bansal, A.S. Rishi, Sanjay Kumar Visen for the Respondents. D The Judgment of the Court was delivered by KURIAN, J. I. Leave granted. 2.The ap…
Supreme Court of India5 May 2016Full text
2016 INSC 373 · [2016] 2 S.C.R. 655
Allowing the appeal, the Court HE,LD: 1.1 As per concurrent findings of all the courts, defendant no. 3 has failed to prove the factum of her adoption by H 655 656 SUPREME COURT REPORTS [2016] 2 S.C.R. A deceased 'Y' in the year 1959. There was no corresponding document of adoption and other documentary evidence showin…
Supreme Court of India4 May 2016Full text
2016 INSC 372 · [2016] 2 S.C.R. 1052
Delhi Cloth and General Mils Co. Ltd. vs. The Chief Co111111issioner, Delhi and others 1970 (2) SCR 348:(1970) 2 SCC 172; J.K. Industries Limited and others vs. Chief Inspector of Factories and Boilers and F others 1996 (6) Suppl. SCR 798: (1996) 6 SCC 665 -referred to. Case Law Reference 1970 (2) SCR 348 referred to P…
Supreme Court of India4 May 2016Full text
2016 INSC 371 · [2016] 3 S.C.R. 103
HELD: 1. The allegations levelled against respondent nos.1 to 3 could not be treated as purely of a personal nature. The Gcomplainants, who are arrayed in the present appeal as respondent nos.4 to 7 surprisingly, affirmed (in the compounding petition) that "no misappropriation of the amounts of the Association is commi…
Supreme Court of India4 May 2016Full text
2016 INSC 370 · [2016] 2 S.C.R. 649
B WITH Crl.A. No. 464-466 of2013 .. R. K. Dash, Sr. Adv., S. S. Shamshery, AAG, Ajay Choudhary, Mohd. lrshad Hanif, N. A. Usmani, Arif Ali Khan, Amit Sharma, Prateek c Yadav, Ms. Anu Dixit Kaushik, Ms. Ruchi Kohli, Ms. Nidhi (SCLSC), Amit Sharma, Prateek Yadav, Advs. with them for the appearing parties. The Judgment of…
Supreme Court of India11 Jan 2016Full text
2016 INSC 37 · [2016] 1 S.C.R. 151
Suo Moto Proceedings Against R. Karuppan, Advocate 2001 (3) SCR 750 = 2001 (5) sec 289; Muthu Karuppan v. Parithi Ilamvazhuthi 2011 (5) SCR 329 = 2011 (5) sec 496 - relied on. F 3. A global search of cases pertaining to the filing of a false affidavit indicates that the number of such cases that are reported has shown …
Supreme Court of India3 May 2016Full text
2016 INSC 363 · [2016] 5 S.C.R. 565
Partly allowing the appeal, the Court HELD: 1. The Government of Karnataka in exercise of its H . 565 I . 566 SUPREME COURT REPORTS [2016] 5 S.C.R. A powers conferred by Section 8 (5) of the Central Sales Tax Act (CST Act), issued Notification No.119 FD 119 CSL 2002(2) dated 31.05.2002 granting reduction in the rate of…
Supreme Court of India2 May 2016Full text
2016 INSC 358 · [2016] 4 S.C.R. 867
Allowing the appeal of the Revenue and dismissing that of the assessee, the Court F HELD: 1. From the reading of Section 153 of Income Tax Act, 1961, the period (not exceeding 180 days) commencing from the date on which the ITO forwards the draft order under sub-Section (1) of Section 144B of the Act to the assessee an…
Supreme Court of India29 Apr 2016Full text
2016 INSC 355 · [2016] 4 S.C.R. 372
- His having embraced Sikhism was publicly declared - No objection lt'as raised to his conversion to Sikhism - A person can change hisL religion but not the caste, as caste has linkage to birth - Thus, it is duly proved that returned candidate belonged to the Scheduled Caste - Hence, his election was not liable to be s…
Supreme Court of India28 Apr 2016Full text
2016 INSC 354 · [2016] 3 S.C.R. 48
[2016] 3 S.C.R. 48 A VERHOEVEN, MARIE-EMMANUELLE v. UNION OF INDIA & ORS. (Writ Petition (Criminal) No. 178of2015) B APRIL 28, 2016 [MADAN B. LOKUR AND N.V. RAMANA, JJ.] Extradition Act, I 962: Applicability of the Act to a foreign State - Scope of judicial c review - Held: Whether the Extradition Act is to be made app…
Supreme Court of India28 Apr 2016Full text
2016 INSC 353 · [2016] 2 S.C.R. 622
Allowing the appeals, the Court G HELD: 1.1 Reading harpioniously, Section 24(3) and 24(4) of the Insecticide Act, 1968, it is concluded that insofar as the person. from whom the sample was taken, the right to raise an· objection is circumscribed by requiring him to indicate his intention to do so within 28 days of the…
Supreme Court of India28 Apr 2016Full text
2016 INSC 352 · [2016] 2 S.C.R. 396
WITH C. A. NOS. 4545, 4546, 4547, 4548, 4549, 4550, 4552, 4553, 4554, 45S5, 4556, 4557, 4558, 4559, 4560, 4561, 4562, 4563, 4564, 4565, 4566, D4567, 4568, 4569, 4570, 4571, 4572, 4573, 4574, 4575, 4576, 4577, 4578, 4579, 4580, 4581, 4582, 4583, 4584, 4585, 4586, 4587, 4588, 4589, 4590, 4591, 4592, 4593, 4594, 4595, 459…
Supreme Court of India28 Apr 2016Full text
2016 INSC 351 · [2016] 3 S.C.R. 390
HELD: 1.1 The period during which interim stay of the order passed by the court is in operation has to be excluded while computing the period of two years as limitation period prescribed for completing the block assessment. [Para 15] (398-F]F 1.2 The explanation 1 to s. 158BE(2) of the Income Tax Act, 1961 grants benef…
Supreme Court of India28 Apr 2016Full text
2016 INSC 350 · [2016] 3 S.C.R. 547
Christian Medical College, Vellore & Ors. v. Union of E India & Ors. 2013 (7) SCR 908 : (2014) (2) SCC 305 - referred to. Case Law Reference 2013 (7) SCR 908 referred to Para 8 · F CIVIL ORIGINAL JURISDJCTION : Writ Petition (C) No. 261 of2016. Amit Kumar, Avijit Mani Tripathi, Ms. Rekha Bakshi, Shaurya Sahay, Advs. fo…
Also on Law on Tips: Bare Acts · Legal news and analysis