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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.
3,061–3,080 · Page 154 of 382
Supreme Court of India27 Apr 2016Full text
2016 INSC 348 · [2016] 2 S.C.R. 965
G From the Judgment and Order dated 14.01.2015 of the High Court ofChhattisgarh at Bilaspur in First Appeal No. 12 of2014. Dr. Rajesh Pandey, B. N. Patel, Nitin Bhardwaj, Advs. for the Appellant. H 965 966 SUPREME COURT REPORTS (2016] 2 S.C.R. A Apoorva Tripathi, Ms. Manju Sharma Jetley, Advs. for the Respondent. The J…
Supreme Court of India27 Apr 2016Full text
2016 INSC 347 · [2016] 2 S.C.R. 960
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.
3,061–3,080 · Page 154 of 382
Supreme Court of India27 Apr 2016Full text
2016 INSC 348 · [2016] 2 S.C.R. 965
G From the Judgment and Order dated 14.01.2015 of the High Court ofChhattisgarh at Bilaspur in First Appeal No. 12 of2014. Dr. Rajesh Pandey, B. N. Patel, Nitin Bhardwaj, Advs. for the Appellant. H 965 966 SUPREME COURT REPORTS (2016] 2 S.C.R. A Apoorva Tripathi, Ms. Manju Sharma Jetley, Advs. for the Respondent. The J…
Supreme Court of India27 Apr 2016Full text
2016 INSC 347 · [2016] 2 S.C.R. 960
Ca~e Law Reference 2013 (9) SCR 1023 relied on Para 5 F CIVIL APPELLATE JURISDICTION: Civil Appeal No. 44 76 of 2016. From the Judgment and Order dated 20.10.2014 of the Division Bench of the High Court of Judicature at Patna in L. P.A. No. 303 of G 2014. Ms. Rani Chhabra, Ms. Priyanka Sony, Ad vs. for the Appellant. N…
Supreme Court of India27 Apr 2016Full text
2016 INSC 346 · [2016] 2 S.C.R. 203
Evidence Act, 1872: s.106 - Burden to prove - Death of a women - Held: It was only the husband-appellant who was staying with his wife at the time of her death to show as to in what manner she died particularly when the prosecution proved successfully that she died homicidal death. G Criminal law: Acquittal by trial co…
Supreme Court of India26 Apr 2016Full text
2016 INSC 343 · [2016] 2 S.C.R. 591
Allowing the appeal and remitting the matter to High Court, the Court HELD: Section 362 Cr.P.C. debars the Court from altering or reviewing the judgment only in those cases when it has signed F its judgment or when it bas passed final order disposing of a case. In the instant case, the Trial Court on the earlier occasi…
Supreme Court of India26 Apr 2016Full text
2016 INSC 342 · [2016] 3 S.C.R. 23
[2016] 3 S.C.R. 23 lTC LIMITED GURGAON A v. COMMISSIONER OF LT. (TDS) DELHI (Civil Appeal Nos. 4435-37 of2016) 8 APRIL 26, 2016 [KURIAN JOSEPH AND R.F. NARIMAN, JJ.J Income Tax Act, 1961: s.192 - Applicability of - Held: If an employee receives income chargeable under a head other than the head ··salaries", then s.192 …
Supreme Court of India26 Apr 2016Full text
2016 INSC 341 · [2016] 2 S.C.R. 357
Allowing the appeal, the Court HELD: 1. Section 167 of Gujarat Co-operative Societies Act, 1961 is preceded by Section 166 of the Act which bars the jurisdiction of Courts in any matter concerned with the winding E up and dissolution of the Society, vide Section 166 (l)(c). The clear intention of the legislature is to …
Supreme Court of India26 Apr 2016Full text
2016 INSC 340 · [2016] 2 S.C.R. 1060
Suresh C. Gupta, Birendra Kumar Mishra, Ms. Poonam A., Praneet Ranjan,Advs. fortheAppellant. F Aniruddha P. Mayee, Adv. for the Respondent. The Judgment of the Court was delivered by ARUN MISHRA, J. I. Leave granted. 2. The appeal arises out of the order dated 21.1.2011 passed by Gthe High Court of Chhatisgarh at Bilas…
Supreme Court of India25 Apr 2016Full text
2016 INSC 337 · [2016] 2 S.C.R. 1047
1048 SUPREME COURT REPORTS [2016] 2 S.C.R. A and FIR could not have been quashed in such a serious case as that was against public policy and administration of criminal justice system - The FIR disclosed commission of cognizable offence u/ s.30713./ !PC - Considering the nature of allegation, further investigation is n…
Supreme Court of India25 Apr 2016Full text
2016 INSC 335 · [2016] 6 S.C.R. 295
295 296 SUPREME COURT REPORTS (2016) 6 S.C.R. A or not. Hence the interim orders are of no avail to the cause espoused by the appellants. [Para 9] [303-1<'-H; 304-A] 2.1 Protection of sanction before prosecution, is an assurance to an honest and sincere officer to perform his duty honestly and to the best of his abilit…
Supreme Court of India22 Apr 2016Full text
2016 INSC 334 · [2016] 2 S.C.R. 920
1.2 The appeal under Section 18 of the Act is permissible H only against the order passed by the DRT under Section 17 of 920 AXIS BANK v. SBS ORGANICS PRIVATE LIMITED 921 the Act. Under Section 17, the scope of enquiry is limited to the A steps taken under Section 13(4) against the secured assets. The partial deposit b…
Supreme Court of India22 Apr 2016Full text
2016 INSC 333 · [2016] 2 S.C.R. 37
37 38 SUPREME COURT REPORTS [2016] 2 S.C.R. A 1.2 The judge completely missed to note that based on the correspondence exchanged between the respondent and the appellant between 19.1.2012 and 3.4.2012 Annexure P6 dated 4.4.2012 was the ultimate transfer deed which the appellant was obliged to execute, that the appellan…
Supreme Court of India22 Apr 2016Full text
2016 INSC 332 · [2016] 4 S.C.R. 362
[2016] 4 S.C.R. 362 A VISVESVARAYA TECHNOLOGICAL UNIVERSITY v. ASSISTANT COMMISSIONER OF INCOME TAX (Civil Appeal Nos. 4361-4366 of2016) B APRIL 22, 2016 [RANJAN GOGOi AND PRAFULLA C. PANT, JJ.] Income Tax Act, 1961 -- s.10(23C)(iiiab) - Exemption under -Entitlement to the assessee-University - Held: The entitlement fo…
Supreme Court of India19 Apr 2016Full text
2016 INSC 327 · [2016] 4 S.C.R. 527
Allowing the appeal, the Court, HELD: 1. It is not possible to attribute any intention of cheating which is, a necessary,_ ingredient for the offence under Section 468 IPC.. The_ allegations that the appellant is guilty of an offence under the aforesaid section are inherently improbable F - - and there is no sufficient…
Supreme Court of India19 Apr 2016Full text
2016 INSC 326 · [2016] 5 S.C.R. 1
Case Law Reference 2011 (8) SCR 992 relied on Para 44 H 2 SUPREME COURT REPORTS [2016] 5 S.C.R. A CIVIL APPELLATE JURISDICTION: Special Leave Petition (C) Nos. 33429-33434 of20 I 0. From the Judgment and Order dated 01.09.2010 of the High Court of Judicature at Bombay in Appeal No. 855 of2003 in Notice of Motion No. 53…
Supreme Court of India19 Apr 2016Full text
2016 INSC 325 · [2016] 4 S.C.R. 326
Judicial Review - Of policy decision regarding com111ercial matters - Permissibility - Held: Court should exercise great caution and restraint when confronted with matters related to the policy H 326 ESSAR STEEL LTD. v. UNION OF INDIA & ORS. 327 regarding commercial matters of country - Executive policies are A enacted…
Supreme Court of India18 Apr 2016Full text
2016 INSC 323 · [2016] 2 S.C.R. 608
1.4 It cannot be said that the Court dealing with the applicatioffunder DVAct has no power and/or jurisdiction to allow the amendment of the said application. If the amendment becomes necessary in view of subsequent events [escalation of prices in G the instant case] or to avoid multiplicity of litigation, Court will t…
Supreme Court of India18 Apr 2016Full text
2016 INSC 322 · [2016] 2 S.C.R. 364
Therefore, the directions issued by the single Judge and the affirmation thereof by th_e Division Bench are wholly unsustainable. [Para 151 [375-CJ. 3. It will be open to the Trust to submit a fresh application for the next academic year in consonance with the provisions of E the Ri!gulations of the MCI and as per the …
Supreme Court of India8 Jan 2016Full text
2016 INSC 32 · [2016] 1 S.C.R. 540
- It is this error. which is appare/1/ on the face of the record, viz. the reservation is provided in promotion by selection in respect ()f posts F carrying salary of less than Rs. 5, 700 per month, that has led to further error that such reservation in the mailer of promotion is applicable from Scale I upward up to Sc…
Supreme Court of India13 Apr 2016Full text
2016 INSC 318 · [2016] 1 S.C.R. 697
- Management to re-instate the appellant at his post with back wages - Industrial Disputes (Central) Rules, 1957 - r. 76(a). G s. 25F {a),{b),{c) - Condition prescribed for retrenchment of work as prescribed u/s. 25F {a), {b), {c) - Directory or mandatory -Held: Section 25F(c} is a condition subsequent, but is still a …
Supreme Court of India13 Apr 2016Full text
2016 INSC 317 · [2016] 2 S.C.R. 334
- Thus, such order is appealable uls. 98 r!w Or. XL! of CFC -Revision uA 115 CPC does not lie against the same. s. 2(2) - Decree - Meaning and Scope of - When the court conclusively determines the rights of the parties with regard to any one or more or all of the matters in controversy, requirement of F decree is satis…
Also on Law on Tips: Bare Acts · Legal news and analysis
Ca~e Law Reference 2013 (9) SCR 1023 relied on Para 5 F CIVIL APPELLATE JURISDICTION: Civil Appeal No. 44 76 of 2016. From the Judgment and Order dated 20.10.2014 of the Division Bench of the High Court of Judicature at Patna in L. P.A. No. 303 of G 2014. Ms. Rani Chhabra, Ms. Priyanka Sony, Ad vs. for the Appellant. N…
Supreme Court of India27 Apr 2016Full text
2016 INSC 346 · [2016] 2 S.C.R. 203
Evidence Act, 1872: s.106 - Burden to prove - Death of a women - Held: It was only the husband-appellant who was staying with his wife at the time of her death to show as to in what manner she died particularly when the prosecution proved successfully that she died homicidal death. G Criminal law: Acquittal by trial co…
Supreme Court of India26 Apr 2016Full text
2016 INSC 343 · [2016] 2 S.C.R. 591
Allowing the appeal and remitting the matter to High Court, the Court HELD: Section 362 Cr.P.C. debars the Court from altering or reviewing the judgment only in those cases when it has signed F its judgment or when it bas passed final order disposing of a case. In the instant case, the Trial Court on the earlier occasi…
Supreme Court of India26 Apr 2016Full text
2016 INSC 342 · [2016] 3 S.C.R. 23
[2016] 3 S.C.R. 23 lTC LIMITED GURGAON A v. COMMISSIONER OF LT. (TDS) DELHI (Civil Appeal Nos. 4435-37 of2016) 8 APRIL 26, 2016 [KURIAN JOSEPH AND R.F. NARIMAN, JJ.J Income Tax Act, 1961: s.192 - Applicability of - Held: If an employee receives income chargeable under a head other than the head ··salaries", then s.192 …
Supreme Court of India26 Apr 2016Full text
2016 INSC 341 · [2016] 2 S.C.R. 357
Allowing the appeal, the Court HELD: 1. Section 167 of Gujarat Co-operative Societies Act, 1961 is preceded by Section 166 of the Act which bars the jurisdiction of Courts in any matter concerned with the winding E up and dissolution of the Society, vide Section 166 (l)(c). The clear intention of the legislature is to …
Supreme Court of India26 Apr 2016Full text
2016 INSC 340 · [2016] 2 S.C.R. 1060
Suresh C. Gupta, Birendra Kumar Mishra, Ms. Poonam A., Praneet Ranjan,Advs. fortheAppellant. F Aniruddha P. Mayee, Adv. for the Respondent. The Judgment of the Court was delivered by ARUN MISHRA, J. I. Leave granted. 2. The appeal arises out of the order dated 21.1.2011 passed by Gthe High Court of Chhatisgarh at Bilas…
Supreme Court of India25 Apr 2016Full text
2016 INSC 337 · [2016] 2 S.C.R. 1047
1048 SUPREME COURT REPORTS [2016] 2 S.C.R. A and FIR could not have been quashed in such a serious case as that was against public policy and administration of criminal justice system - The FIR disclosed commission of cognizable offence u/ s.30713./ !PC - Considering the nature of allegation, further investigation is n…
Supreme Court of India25 Apr 2016Full text
2016 INSC 335 · [2016] 6 S.C.R. 295
295 296 SUPREME COURT REPORTS (2016) 6 S.C.R. A or not. Hence the interim orders are of no avail to the cause espoused by the appellants. [Para 9] [303-1<'-H; 304-A] 2.1 Protection of sanction before prosecution, is an assurance to an honest and sincere officer to perform his duty honestly and to the best of his abilit…
Supreme Court of India22 Apr 2016Full text
2016 INSC 334 · [2016] 2 S.C.R. 920
1.2 The appeal under Section 18 of the Act is permissible H only against the order passed by the DRT under Section 17 of 920 AXIS BANK v. SBS ORGANICS PRIVATE LIMITED 921 the Act. Under Section 17, the scope of enquiry is limited to the A steps taken under Section 13(4) against the secured assets. The partial deposit b…
Supreme Court of India22 Apr 2016Full text
2016 INSC 333 · [2016] 2 S.C.R. 37
37 38 SUPREME COURT REPORTS [2016] 2 S.C.R. A 1.2 The judge completely missed to note that based on the correspondence exchanged between the respondent and the appellant between 19.1.2012 and 3.4.2012 Annexure P6 dated 4.4.2012 was the ultimate transfer deed which the appellant was obliged to execute, that the appellan…
Supreme Court of India22 Apr 2016Full text
2016 INSC 332 · [2016] 4 S.C.R. 362
[2016] 4 S.C.R. 362 A VISVESVARAYA TECHNOLOGICAL UNIVERSITY v. ASSISTANT COMMISSIONER OF INCOME TAX (Civil Appeal Nos. 4361-4366 of2016) B APRIL 22, 2016 [RANJAN GOGOi AND PRAFULLA C. PANT, JJ.] Income Tax Act, 1961 -- s.10(23C)(iiiab) - Exemption under -Entitlement to the assessee-University - Held: The entitlement fo…
Supreme Court of India19 Apr 2016Full text
2016 INSC 327 · [2016] 4 S.C.R. 527
Allowing the appeal, the Court, HELD: 1. It is not possible to attribute any intention of cheating which is, a necessary,_ ingredient for the offence under Section 468 IPC.. The_ allegations that the appellant is guilty of an offence under the aforesaid section are inherently improbable F - - and there is no sufficient…
Supreme Court of India19 Apr 2016Full text
2016 INSC 326 · [2016] 5 S.C.R. 1
Case Law Reference 2011 (8) SCR 992 relied on Para 44 H 2 SUPREME COURT REPORTS [2016] 5 S.C.R. A CIVIL APPELLATE JURISDICTION: Special Leave Petition (C) Nos. 33429-33434 of20 I 0. From the Judgment and Order dated 01.09.2010 of the High Court of Judicature at Bombay in Appeal No. 855 of2003 in Notice of Motion No. 53…
Supreme Court of India19 Apr 2016Full text
2016 INSC 325 · [2016] 4 S.C.R. 326
Judicial Review - Of policy decision regarding com111ercial matters - Permissibility - Held: Court should exercise great caution and restraint when confronted with matters related to the policy H 326 ESSAR STEEL LTD. v. UNION OF INDIA & ORS. 327 regarding commercial matters of country - Executive policies are A enacted…
Supreme Court of India18 Apr 2016Full text
2016 INSC 323 · [2016] 2 S.C.R. 608
1.4 It cannot be said that the Court dealing with the applicatioffunder DVAct has no power and/or jurisdiction to allow the amendment of the said application. If the amendment becomes necessary in view of subsequent events [escalation of prices in G the instant case] or to avoid multiplicity of litigation, Court will t…
Supreme Court of India18 Apr 2016Full text
2016 INSC 322 · [2016] 2 S.C.R. 364
Therefore, the directions issued by the single Judge and the affirmation thereof by th_e Division Bench are wholly unsustainable. [Para 151 [375-CJ. 3. It will be open to the Trust to submit a fresh application for the next academic year in consonance with the provisions of E the Ri!gulations of the MCI and as per the …
Supreme Court of India8 Jan 2016Full text
2016 INSC 32 · [2016] 1 S.C.R. 540
- It is this error. which is appare/1/ on the face of the record, viz. the reservation is provided in promotion by selection in respect ()f posts F carrying salary of less than Rs. 5, 700 per month, that has led to further error that such reservation in the mailer of promotion is applicable from Scale I upward up to Sc…
Supreme Court of India13 Apr 2016Full text
2016 INSC 318 · [2016] 1 S.C.R. 697
- Management to re-instate the appellant at his post with back wages - Industrial Disputes (Central) Rules, 1957 - r. 76(a). G s. 25F {a),{b),{c) - Condition prescribed for retrenchment of work as prescribed u/s. 25F {a), {b), {c) - Directory or mandatory -Held: Section 25F(c} is a condition subsequent, but is still a …
Supreme Court of India13 Apr 2016Full text
2016 INSC 317 · [2016] 2 S.C.R. 334
- Thus, such order is appealable uls. 98 r!w Or. XL! of CFC -Revision uA 115 CPC does not lie against the same. s. 2(2) - Decree - Meaning and Scope of - When the court conclusively determines the rights of the parties with regard to any one or more or all of the matters in controversy, requirement of F decree is satis…
Also on Law on Tips: Bare Acts · Legal news and analysis