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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.
3,121–3,140 · Page 157 of 382
Supreme Court of India7 Jan 2016Full text
2016 INSC 26 · [2016] 1 S.C.R. 586
H 586 PARDEEP SHARMA v. CHIEF ADMINISTRATOR, HUDA 587 CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 52-53 A of2016. From the Judgment and Order dated 19.07.2011 and 29.09.2011 of the National Consumer Disputes Redressal Commission, New Delhi in Revision Petition No. 671 of201 land Review Application No. 142/ 2011 in …
Supreme Court of India10 Mar 2016Full text
2016 INSC 259 · [2016] 4 S.C.R. 307
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.
3,121–3,140 · Page 157 of 382
Supreme Court of India7 Jan 2016Full text
2016 INSC 26 · [2016] 1 S.C.R. 586
H 586 PARDEEP SHARMA v. CHIEF ADMINISTRATOR, HUDA 587 CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 52-53 A of2016. From the Judgment and Order dated 19.07.2011 and 29.09.2011 of the National Consumer Disputes Redressal Commission, New Delhi in Revision Petition No. 671 of201 land Review Application No. 142/ 2011 in …
Supreme Court of India10 Mar 2016Full text
2016 INSC 259 · [2016] 4 S.C.R. 307
E 2. Transfer of share or interest, based on a nomination under Section 79 in favour of the nominee, is with reference to the concerned Co-operative Society, and is binding on the said society. The. Co-operative Society has no option whatsoever, except to transfer the membership in the name of the nominee, in consonanc…
Supreme Court of India10 Mar 2016Full text
2016 INSC 258 · [2016] 2 S.C.R. 886
- Subsequent thereto disposal of writ petition directing payment @ Rs. 6, 0001- per sq. ft. of the carpet area to the persons affected on account of the demolition - Adjournment of the matter from time to time - Submission of the flat owners-petitioners that the so called E mezzanine floor, which is actually the first …
Supreme Court of India10 Mar 2016Full text
2016 INSC 257 · [2016] 2 S.C.R. 157
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 212 of 2016 (Arising out of S.L.P. (Crl.) No. 3695 of 2013) From the Judgment and Order dated 12.03.2012 in Criminal FRevision No. 803of2011 passed by the High Court of Punjab & Haryana at Chandigarh. WITH Crl. A. No. 213 of 2016 (Arising out of S.L.P. (Crl.) No. 36…
Supreme Court of India10 Mar 2016Full text
2016 INSC 256 · [2016] 4 S.C.R. 583
P. Vishwanath Shetty, Sr. Adv., P. Venkat Reddy, Mahesh Thakur, Prashant Kr. Tyagi, Advs. for the Respondent. D The Judgment of the Court was delivered by A.K. SIKRI, J. 1. The instant appeal, which has travelled to this Court, had its origin in a suit filed by the respondent in the Court of City Civil Judge, Bangalore…
Supreme Court of India10 Mar 2016Full text
2016 INSC 255 · [2016] 2 S.C.R. 150
150 EMPLOYEES STATE INSURANCE CORPORATION v. A. K. 151 ABDUL SAMAb words are found in the proviso for imposing a lesser fine than A that of five thousand rupees. In such a situation the intention of the Legislature is clear and brooks no interpretation. The law is well settled that when the wordings of the Statute are …
Supreme Court of India9 Mar 2016Full text
2016 INSC 254 · [2016] 2 S.C.R. 896
- Rs. 1 lakh cost imposed on the petitioner - Abuse of process of law - Remedy - Enforcement of Security Interest and Reco1'ery of Debts Lam (Amendment) Act, 2012 - ss. 2, 12 and l 5(a). CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No. 35 of20 J 6. F A. C. Philip, Rabin Majumder,Anjan Sinha,Advs. forthe Petitione…
Supreme Court of India9 Mar 2016Full text
2016 INSC 253 · [2016] 1 S.C.R. 952
952 COMMISSIONER OF INCOME TAX v. M/S. MEGHALAYA 953 STEELS LTD. subsidies. The immediate source of the subsidies was the fiict . A that the Government gave them and that, therefore, the immediate source not being from the business of the assessee, the element of directness is missing, is not correct. What is to be see…
Supreme Court of India9 Mar 2016Full text
2016 INSC 252 · [2016] 2 S.C.R. 893
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2582-84 of2016. F From the Judgment and Order dated 04.08.2011 in Writ-C No. 40656 of2004 and order dated 16.08.2011 in Civil Misc. Writ Petition No. 73277 of2010 and order dated 16.08.2011 in Misc. Writ Petition No. 56556 of20 I 0 passed by the High Court of Judicature at…
Supreme Court of India9 Mar 2016Full text
2016 INSC 251 · [2016] 2 S.C.R. 406
Allowing the appeals, the Court HELD: 1. There being no Rojnama to show that the physical E possession bad already been taken, nor any pleadings in that regard, it cannot be said that the possession bad already been taken and banded over to HUDA. Unless the property is taken possession of, in accordance with law, there…
Supreme Court of India9 Mar 2016Full text
2016 INSC 250 · [2016] 2 S.C.R. 163
Y. Prabhakara Rao, Adv. for the Appellant. c Suryanarayana Singh, AAG, Ms. Pragati Neekhara, Adv., with him for the Respondents. · The Judgment of the Court was delivered by KURIAN, J. I. The short issue arising for consideration in this D appeal is whether the appellants are entitled to interest for the period from th…
Supreme Court of India4 Mar 2016Full text
2016 INSC 248 · [2016] 2 S.C.R. 128
Shiv Kumar v. Hukam Chand and another (1999) 7 SCC 467: 1999 (2) Suppl. SCR 81 - Distinguished. CBI v. Karimul/ah Osan Khan (2014) 11 SCC 538: 2014 E (3) SCR 588; Hasanbhai Valibhai Qureshi v. State of Gujarat and others (2004) 5 SCC 347: 2004 (3) SCR 762; Jasvinder Saini and others v. State (Government of NCI of Delhi…
Supreme Court of India4 Mar 2016Full text
2016 INSC 244 · [2016] 4 S.C.R. 7
- On appeal, held: As per· the .scheme under the Notifications, the manufacturers who did not want to avail MODVAT facility were D allowed to clear the goods without payment of excise duty -Explanation 11 to the Notifications created legal fiction. that duty shall be deemed to have been paid even without production of …
Supreme Court of India4 Mar 2016Full text
2016 INSC 243 · [2016] 1 S.C.R. 896
Dismissing the appeals, the Court D HELD: 1. A mere reading of Section 11 would reflect that wherever return is filed by the assessee, assessment is to be made within a period of three years from the last date prescribed for furnishing the return in respect of such period. Though provisions of the Punjab Act are couche…
Supreme Court of India2 Mar 2016Full text
2016 INSC 239 · [2016] 2 S.C.R. 277
Allowing the appeal, the Court HELD: 1. When the deceased along with PWl were going to eat betals respondents/accused came from the front side and second respondent pelted country bomb at them and inflicted blow of sword on the deceased and the other accused assaulted H 277 278 SUPREME COURT REPORTS [2016] 2 S.C.R. A t…
Supreme Court of India2 Mar 2016Full text
2016 INSC 238 · [2016] 2 S.C.R. 284
B WITH Crl. A. NOS. 1461AND1462 OF 2008 Sushi I Kr. Jain, Sr. Adv., Vikramjit Banerjee, Rishi Maheshwari, Bharat Sood, Bishwanath Chatte1ji, (For Mrs. Shally Bhasin), Abhinav C Gupta, Apurv Taran, (For Ms. Pratibha Jain), Advs., with him for the Appellant. Puneet Parihar,…
Supreme Court of India2 Mar 2016Full text
2016 INSC 236 · [2016] 2 S.C.R. 100
102 SUPREME COURT REPORTS (2016] 2 S.C.R. A proviso, such property would devolve only by intestacy and not survivorship. (vi) On a conjoint reading of Sections 4, 8 and 19 of the Act, after joint family property has been distributed in accordance with section 8 on principles of intestacy, the joint family property ceas…
Supreme Court of India2 Mar 2016Full text
2016 INSC 235 · [2016] 2 S.C.R. 144
[2016] 2 S.C.R. 144 A SHAKUNTLA DEVI v. STATE OF H.P. AND OTHERS (Civil Appeal No. 2043 of2011) B MARCH 02, 2016 [KURIAN JOSEPH AND ROHINTON FALi NARIMAN, JJ.) Land Acquisition Act, 1894: s.18 - Land acquisition ·proceedings taking long time and as a result, authorities proposing c settlement of the compensation on neg…
Supreme Court of India2 Mar 2016Full text
2016 INSC 230 · [2016] 2 S.C.R. 160
*Jasbir Singh Bakshi v. Union Territory, Chandigarh and others (2004) I 0 SCC 440 - referred to. Case Law Reference F (2004) 10 sec 440 referred to. Paras 4, 6, 7 CIVIL APPELLATE JURISDICTION : Civil Appeal No. 423 of 2008 From the Judgment and Order dated 21.04.2006 of the High Court G of Punjab and Haryana in Civil W…
Supreme Court of India1 Mar 2016Full text
2016 INSC 228 · [2016] 2 S.C.R. 91
2. The cause of action for which the counter-claim was filed in the present case, arose before the respondentcplaintiff filed the suit. It is therefore apparent that the appellants were well within their right to file the counter-claim. There was no justification whatsoever for the High Court to have declined, the Fapp…
Also on Law on Tips: Bare Acts · Legal news and analysis
E 2. Transfer of share or interest, based on a nomination under Section 79 in favour of the nominee, is with reference to the concerned Co-operative Society, and is binding on the said society. The. Co-operative Society has no option whatsoever, except to transfer the membership in the name of the nominee, in consonanc…
Supreme Court of India10 Mar 2016Full text
2016 INSC 258 · [2016] 2 S.C.R. 886
- Subsequent thereto disposal of writ petition directing payment @ Rs. 6, 0001- per sq. ft. of the carpet area to the persons affected on account of the demolition - Adjournment of the matter from time to time - Submission of the flat owners-petitioners that the so called E mezzanine floor, which is actually the first …
Supreme Court of India10 Mar 2016Full text
2016 INSC 257 · [2016] 2 S.C.R. 157
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 212 of 2016 (Arising out of S.L.P. (Crl.) No. 3695 of 2013) From the Judgment and Order dated 12.03.2012 in Criminal FRevision No. 803of2011 passed by the High Court of Punjab & Haryana at Chandigarh. WITH Crl. A. No. 213 of 2016 (Arising out of S.L.P. (Crl.) No. 36…
Supreme Court of India10 Mar 2016Full text
2016 INSC 256 · [2016] 4 S.C.R. 583
P. Vishwanath Shetty, Sr. Adv., P. Venkat Reddy, Mahesh Thakur, Prashant Kr. Tyagi, Advs. for the Respondent. D The Judgment of the Court was delivered by A.K. SIKRI, J. 1. The instant appeal, which has travelled to this Court, had its origin in a suit filed by the respondent in the Court of City Civil Judge, Bangalore…
Supreme Court of India10 Mar 2016Full text
2016 INSC 255 · [2016] 2 S.C.R. 150
150 EMPLOYEES STATE INSURANCE CORPORATION v. A. K. 151 ABDUL SAMAb words are found in the proviso for imposing a lesser fine than A that of five thousand rupees. In such a situation the intention of the Legislature is clear and brooks no interpretation. The law is well settled that when the wordings of the Statute are …
Supreme Court of India9 Mar 2016Full text
2016 INSC 254 · [2016] 2 S.C.R. 896
- Rs. 1 lakh cost imposed on the petitioner - Abuse of process of law - Remedy - Enforcement of Security Interest and Reco1'ery of Debts Lam (Amendment) Act, 2012 - ss. 2, 12 and l 5(a). CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No. 35 of20 J 6. F A. C. Philip, Rabin Majumder,Anjan Sinha,Advs. forthe Petitione…
Supreme Court of India9 Mar 2016Full text
2016 INSC 253 · [2016] 1 S.C.R. 952
952 COMMISSIONER OF INCOME TAX v. M/S. MEGHALAYA 953 STEELS LTD. subsidies. The immediate source of the subsidies was the fiict . A that the Government gave them and that, therefore, the immediate source not being from the business of the assessee, the element of directness is missing, is not correct. What is to be see…
Supreme Court of India9 Mar 2016Full text
2016 INSC 252 · [2016] 2 S.C.R. 893
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2582-84 of2016. F From the Judgment and Order dated 04.08.2011 in Writ-C No. 40656 of2004 and order dated 16.08.2011 in Civil Misc. Writ Petition No. 73277 of2010 and order dated 16.08.2011 in Misc. Writ Petition No. 56556 of20 I 0 passed by the High Court of Judicature at…
Supreme Court of India9 Mar 2016Full text
2016 INSC 251 · [2016] 2 S.C.R. 406
Allowing the appeals, the Court HELD: 1. There being no Rojnama to show that the physical E possession bad already been taken, nor any pleadings in that regard, it cannot be said that the possession bad already been taken and banded over to HUDA. Unless the property is taken possession of, in accordance with law, there…
Supreme Court of India9 Mar 2016Full text
2016 INSC 250 · [2016] 2 S.C.R. 163
Y. Prabhakara Rao, Adv. for the Appellant. c Suryanarayana Singh, AAG, Ms. Pragati Neekhara, Adv., with him for the Respondents. · The Judgment of the Court was delivered by KURIAN, J. I. The short issue arising for consideration in this D appeal is whether the appellants are entitled to interest for the period from th…
Supreme Court of India4 Mar 2016Full text
2016 INSC 248 · [2016] 2 S.C.R. 128
Shiv Kumar v. Hukam Chand and another (1999) 7 SCC 467: 1999 (2) Suppl. SCR 81 - Distinguished. CBI v. Karimul/ah Osan Khan (2014) 11 SCC 538: 2014 E (3) SCR 588; Hasanbhai Valibhai Qureshi v. State of Gujarat and others (2004) 5 SCC 347: 2004 (3) SCR 762; Jasvinder Saini and others v. State (Government of NCI of Delhi…
Supreme Court of India4 Mar 2016Full text
2016 INSC 244 · [2016] 4 S.C.R. 7
- On appeal, held: As per· the .scheme under the Notifications, the manufacturers who did not want to avail MODVAT facility were D allowed to clear the goods without payment of excise duty -Explanation 11 to the Notifications created legal fiction. that duty shall be deemed to have been paid even without production of …
Supreme Court of India4 Mar 2016Full text
2016 INSC 243 · [2016] 1 S.C.R. 896
Dismissing the appeals, the Court D HELD: 1. A mere reading of Section 11 would reflect that wherever return is filed by the assessee, assessment is to be made within a period of three years from the last date prescribed for furnishing the return in respect of such period. Though provisions of the Punjab Act are couche…
Supreme Court of India2 Mar 2016Full text
2016 INSC 239 · [2016] 2 S.C.R. 277
Allowing the appeal, the Court HELD: 1. When the deceased along with PWl were going to eat betals respondents/accused came from the front side and second respondent pelted country bomb at them and inflicted blow of sword on the deceased and the other accused assaulted H 277 278 SUPREME COURT REPORTS [2016] 2 S.C.R. A t…
Supreme Court of India2 Mar 2016Full text
2016 INSC 238 · [2016] 2 S.C.R. 284
B WITH Crl. A. NOS. 1461AND1462 OF 2008 Sushi I Kr. Jain, Sr. Adv., Vikramjit Banerjee, Rishi Maheshwari, Bharat Sood, Bishwanath Chatte1ji, (For Mrs. Shally Bhasin), Abhinav C Gupta, Apurv Taran, (For Ms. Pratibha Jain), Advs., with him for the Appellant. Puneet Parihar,…
Supreme Court of India2 Mar 2016Full text
2016 INSC 236 · [2016] 2 S.C.R. 100
102 SUPREME COURT REPORTS (2016] 2 S.C.R. A proviso, such property would devolve only by intestacy and not survivorship. (vi) On a conjoint reading of Sections 4, 8 and 19 of the Act, after joint family property has been distributed in accordance with section 8 on principles of intestacy, the joint family property ceas…
Supreme Court of India2 Mar 2016Full text
2016 INSC 235 · [2016] 2 S.C.R. 144
[2016] 2 S.C.R. 144 A SHAKUNTLA DEVI v. STATE OF H.P. AND OTHERS (Civil Appeal No. 2043 of2011) B MARCH 02, 2016 [KURIAN JOSEPH AND ROHINTON FALi NARIMAN, JJ.) Land Acquisition Act, 1894: s.18 - Land acquisition ·proceedings taking long time and as a result, authorities proposing c settlement of the compensation on neg…
Supreme Court of India2 Mar 2016Full text
2016 INSC 230 · [2016] 2 S.C.R. 160
*Jasbir Singh Bakshi v. Union Territory, Chandigarh and others (2004) I 0 SCC 440 - referred to. Case Law Reference F (2004) 10 sec 440 referred to. Paras 4, 6, 7 CIVIL APPELLATE JURISDICTION : Civil Appeal No. 423 of 2008 From the Judgment and Order dated 21.04.2006 of the High Court G of Punjab and Haryana in Civil W…
Supreme Court of India1 Mar 2016Full text
2016 INSC 228 · [2016] 2 S.C.R. 91
2. The cause of action for which the counter-claim was filed in the present case, arose before the respondentcplaintiff filed the suit. It is therefore apparent that the appellants were well within their right to file the counter-claim. There was no justification whatsoever for the High Court to have declined, the Fapp…
Also on Law on Tips: Bare Acts · Legal news and analysis