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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.
301–320 · Page 16 of 382
Supreme Court of India1 Aug 2019Full text
2019 INSC 853 · [2019] 10 S.C.R. 626
in the year 1990 and rejected the plea of appellant that upon repeal of the said Act, the proceedings would abate – On appeal, held: s.3(1)(b) of the Repealing Act provides that the repeal will not affect the validity of an order granting exemption under s.20(1) or any action taken thereunder, notwithstanding any judgm…
Supreme Court of India1 Aug 2019Full text
2019 INSC 851 · [2019] 18 S.C.R. 1007
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.
301–320 · Page 16 of 382
Supreme Court of India1 Aug 2019Full text
2019 INSC 853 · [2019] 10 S.C.R. 626
in the year 1990 and rejected the plea of appellant that upon repeal of the said Act, the proceedings would abate – On appeal, held: s.3(1)(b) of the Repealing Act provides that the repeal will not affect the validity of an order granting exemption under s.20(1) or any action taken thereunder, notwithstanding any judgm…
Supreme Court of India1 Aug 2019Full text
2019 INSC 851 · [2019] 18 S.C.R. 1007
– Crime committed was cold blooded and in the most heinous fashion possible – No remorse shown by Appellant at all – That Appellant made a confessional statement would not, on facts, mean that he showed remorse for committing such a heinous crime – He did not F stand by this confessional statement, but falsely retracte…
Supreme Court of India1 Aug 2019Full text
2019 INSC 850 · [2019] 10 S.C.R. 1098
– There was also no error committed in the procedure prescribed under the scheme of CISF Rules – There is no violation of principles of natural justice – Therefore, it was not open for the High Court to interfere with disciplinary proceedings under its limited scope of review u/Art. 226 & 227 of the Constitution – Cent…
Supreme Court of India24 Jan 2019Full text
2019 INSC 85 · [2019] 1 S.C.R. 838
F WITH Civil Appeal No. 1747 of 2010. Vikramjit Banerjee, ASG, Jawahar Lal, Vikas Mehta, Adith Nair, Nishant Sharma, Rakesh K. Sharma, Sarthak Raiza, Ms. Deepa M. GKulkarni, Nishant Ramakantrao Katneshwarkar,, Advs. for the appearing parties. The Judgment of the Court was delivered by R. BANUMATHI, J. 1. The issue invo…
Supreme Court of India1 Aug 2019Full text
2019 INSC 849 · [2019] 10 S.C.R. 961
Evidence Act, 1872 – ss.35, 45 and 81 – Gazette and contents thereof – Appreciation of – Held: Gazette is an official record evidencing public affairs, and its genuineness is presumed u/s.81– Moreover, u/s.35, an entry made by the Gazetteer in discharge of his official duty is a relevant fact – Any fact recorded by the…
Supreme Court of India31 Jul 2019Full text
2019 INSC 847 · [2019] 10 S.C.R. 801
criminal proceedings may be quashed u/s.482 – Power to quash the proceedings is generally exercised when there is no material to proceed against the Petitioners even if the allegations in the complaint are prima facie accepted as true – In the instant case, the High Court rightly found that the allegations in the compl…
Supreme Court of India31 Jul 2019Full text
2019 INSC 846 · [2019] 10 S.C.R. 841
as per Pension Regulations – As per Regulation 28 of Pension Regulations, an employee who opted for retirement before superannuation, would be entitled for pension, after rendering service for a minimum period of 15 years – Therefore, the respondent-employee, who had rendered service only for 11 years was not entitled …
Supreme Court of India31 Jul 2019Full text
2019 INSC 845 · [2019] 10 S.C.R. 790
790 SUPREME COURT[2019]REPORTS10 S.C.R. 790 [2019] 10 S.C.R. A VIJENDRA v. STATE OF UTTAR PRADESH (Criminal Appeal No. 1167 of 2019) B JULY 31, 2019 [R. BANUMATHI AND A. S. BOPANNA, JJ.] Prevention of Food Adulteration Act, 1954: ss. 7(1)/16(1)(a)(i),10(7) and 13(2) – Notice by Food Inspector C (Complainant) suspecting…
Supreme Court of India31 Jul 2019Full text
2019 INSC 844 · [2019] 11 S.C.R. 693
[2019] 11 S.C.R. 693 693 M/S. BALWANT SINGH & SONS A v. NATIONAL INSURANCE COMPANY LTD & ANR. (Civil Appeal No. 5998 of 2019) JULY 31, 2019 B [DR. DHANANJAYA Y CHANDRACHUD AND INDIRA BANERJEE, JJ.] Motor Vehicles Act, 1988: ss. 50, 157 – Transfer of certificate of insurance – On facts, appellant purchased vehicle in au…
Supreme Court of India31 Jul 2019Full text
2019 INSC 841 · [2019] 10 S.C.R. 868
B Civil Appeal No. 5980 of 2019. H. C. Kharbanda, Jabar Singh, T. N. Saxena, Garvesh Kabra, Advs. for the Appellants. Sanjay R. Hegde, Sr. Adv., Shariq, Aman Rastogi, Syed Abdul C Haseeb, Advs. for the Respondents. The Judgment of the Court was delivered by S. ABDUL NAZEER, J. CIVIL APPEAL NO. 5979 OF 2019 D (Arising o…
Supreme Court of India31 Jul 2019Full text
2019 INSC 840 · [2019] 10 S.C.R. 811
No order in the Contempt Petition in view of the directions issued – Succession –Constitution of India– Art.366(2), 363(A), 291 – Government of India Act, 1935 – s.6. Words & Expressions –’Gaddi’ – Meaning of – Discussed. E Allowing the appeals, the Court HELD : 1.1 The facts are not in dispute. It is also not disputed…
Supreme Court of India24 Jan 2019Full text
2019 INSC 84 · [2019] 3 S.C.R. 1
H 1 2 SUPREME COURT REPORTS [2019] 3 S.C.R. A Dismissing the appeal, the Court HELD: 1.1 There is no doubt, on the basis of the evidence which has emerged, in regard to the identity of the appellant as the assailant. The dying declaration Exh. 21 has a ring of truth. The deceased specifically deposed to the clothes whi…
Supreme Court of India30 Jul 2019Full text
2019 INSC 839 · [2019] 10 S.C.R. 949
was u/s. 439(2) Cr.P.C. i.e. an application for cancellation of bail, but the grounds raised in the application show that it was only challenging the order of grant of bail on the ground that it was an arbitrary exercise of discretion – The considerations applicable for cancellation of bail and for challenging the orde…
Supreme Court of India30 Jul 2019Full text
2019 INSC 838 · [2019] 10 S.C.R. 910
- – High Court upheld the order but reduced the percentage from 20% of the cheque amount to 15% of the cheque amount – Held: Sub-Sec.(5) of s.143A stipulates that the interim compensation could be recovered as if it were a fine u/s. 421, CrPC – s.421 appears in E Chapter XXXII of the Code dealing with ‘Execution, Suspe…
Supreme Court of India30 Jul 2019Full text
2019 INSC 837 · [2019] 10 S.C.R. 774
The Judgment of the Court was delivered by NAVIN SINHA, J. 1. The appellant assails his conviction and sentence under Sections G 8 and 15 of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as “the NDPS Act”) for 15 years along with fine of Rs.1,50,000/- under Section 31 of the NDPS…
Supreme Court of India30 Jul 2019Full text
2019 INSC 835 · [2019] 10 S.C.R. 353
as illegal and directed reinstatement with full back wages – In writ petition, order of the Labour Court was upheld so far as finding on termination order, but instead of full back wages granted back wages only to the extent of 30% – Appeal to Supreme Court – Held: Termination of the employee/workman in terms of Regula…
Supreme Court of India30 Jul 2019Full text
2019 INSC 834 · [2019] 10 S.C.R. 924
926 SUPREME COURT REPORTS [2019] 10 S.C.R. A B. H. Marlapalle, Sr. Adv., Ms. Astha Prasad, Ajit Wagh, Apoorv Shukla, Ms. Astha Prasad, Advs. for the Appellants. Vinay Navare, Sr. Adv, Ms. Gwen Karthika, Ms. Abha R. Sharma, Advs. for the Respondents. The Judgment of the Court was delivered by B UDAY UMESH LALIT, J. 1. L…
Supreme Court of India30 Jul 2019Full text
2019 INSC 833 · [2019] 10 S.C.R. 375
consideration of Rs.8.31 crores, the Respondents had paid Rs.8.14 crores by November, 2013 – Though the Appellants had undertaken to complete the villa by 31.12.2014, they failed to discharge the obligation – As late as on 28.05.2014, the Revised Construction Schedule had shown the date of delivery of possession to be …
Supreme Court of India30 Jul 2019Full text
2019 INSC 832 · [2019] 10 S.C.R. 570
paid as compensation to the injured PW-6 and PW-7. Since the enhanced compensation was paid by accused No.1 which is said to have been withdrawn by injured-victims, for conviction under…
Supreme Court of India23 Jan 2019Full text
2019 INSC 83 · [2019] 2 S.C.R. 493
B Disposing of the appeals, the Court HELD: 1.1 Clause 2.15 of the tender conditions made it clear that it is only at a pre-tender stage that a clarification may be obtained regarding tender conditions. Sub-clause 4 of Clause 2.15 is important because all tenderers were cautioned by this C Clause that tenders containin…
Also on Law on Tips: Bare Acts · Legal news and analysis
– Crime committed was cold blooded and in the most heinous fashion possible – No remorse shown by Appellant at all – That Appellant made a confessional statement would not, on facts, mean that he showed remorse for committing such a heinous crime – He did not F stand by this confessional statement, but falsely retracte…
Supreme Court of India1 Aug 2019Full text
2019 INSC 850 · [2019] 10 S.C.R. 1098
– There was also no error committed in the procedure prescribed under the scheme of CISF Rules – There is no violation of principles of natural justice – Therefore, it was not open for the High Court to interfere with disciplinary proceedings under its limited scope of review u/Art. 226 & 227 of the Constitution – Cent…
Supreme Court of India24 Jan 2019Full text
2019 INSC 85 · [2019] 1 S.C.R. 838
F WITH Civil Appeal No. 1747 of 2010. Vikramjit Banerjee, ASG, Jawahar Lal, Vikas Mehta, Adith Nair, Nishant Sharma, Rakesh K. Sharma, Sarthak Raiza, Ms. Deepa M. GKulkarni, Nishant Ramakantrao Katneshwarkar,, Advs. for the appearing parties. The Judgment of the Court was delivered by R. BANUMATHI, J. 1. The issue invo…
Supreme Court of India1 Aug 2019Full text
2019 INSC 849 · [2019] 10 S.C.R. 961
Evidence Act, 1872 – ss.35, 45 and 81 – Gazette and contents thereof – Appreciation of – Held: Gazette is an official record evidencing public affairs, and its genuineness is presumed u/s.81– Moreover, u/s.35, an entry made by the Gazetteer in discharge of his official duty is a relevant fact – Any fact recorded by the…
Supreme Court of India31 Jul 2019Full text
2019 INSC 847 · [2019] 10 S.C.R. 801
criminal proceedings may be quashed u/s.482 – Power to quash the proceedings is generally exercised when there is no material to proceed against the Petitioners even if the allegations in the complaint are prima facie accepted as true – In the instant case, the High Court rightly found that the allegations in the compl…
Supreme Court of India31 Jul 2019Full text
2019 INSC 846 · [2019] 10 S.C.R. 841
as per Pension Regulations – As per Regulation 28 of Pension Regulations, an employee who opted for retirement before superannuation, would be entitled for pension, after rendering service for a minimum period of 15 years – Therefore, the respondent-employee, who had rendered service only for 11 years was not entitled …
Supreme Court of India31 Jul 2019Full text
2019 INSC 845 · [2019] 10 S.C.R. 790
790 SUPREME COURT[2019]REPORTS10 S.C.R. 790 [2019] 10 S.C.R. A VIJENDRA v. STATE OF UTTAR PRADESH (Criminal Appeal No. 1167 of 2019) B JULY 31, 2019 [R. BANUMATHI AND A. S. BOPANNA, JJ.] Prevention of Food Adulteration Act, 1954: ss. 7(1)/16(1)(a)(i),10(7) and 13(2) – Notice by Food Inspector C (Complainant) suspecting…
Supreme Court of India31 Jul 2019Full text
2019 INSC 844 · [2019] 11 S.C.R. 693
[2019] 11 S.C.R. 693 693 M/S. BALWANT SINGH & SONS A v. NATIONAL INSURANCE COMPANY LTD & ANR. (Civil Appeal No. 5998 of 2019) JULY 31, 2019 B [DR. DHANANJAYA Y CHANDRACHUD AND INDIRA BANERJEE, JJ.] Motor Vehicles Act, 1988: ss. 50, 157 – Transfer of certificate of insurance – On facts, appellant purchased vehicle in au…
Supreme Court of India31 Jul 2019Full text
2019 INSC 841 · [2019] 10 S.C.R. 868
B Civil Appeal No. 5980 of 2019. H. C. Kharbanda, Jabar Singh, T. N. Saxena, Garvesh Kabra, Advs. for the Appellants. Sanjay R. Hegde, Sr. Adv., Shariq, Aman Rastogi, Syed Abdul C Haseeb, Advs. for the Respondents. The Judgment of the Court was delivered by S. ABDUL NAZEER, J. CIVIL APPEAL NO. 5979 OF 2019 D (Arising o…
Supreme Court of India31 Jul 2019Full text
2019 INSC 840 · [2019] 10 S.C.R. 811
No order in the Contempt Petition in view of the directions issued – Succession –Constitution of India– Art.366(2), 363(A), 291 – Government of India Act, 1935 – s.6. Words & Expressions –’Gaddi’ – Meaning of – Discussed. E Allowing the appeals, the Court HELD : 1.1 The facts are not in dispute. It is also not disputed…
Supreme Court of India24 Jan 2019Full text
2019 INSC 84 · [2019] 3 S.C.R. 1
H 1 2 SUPREME COURT REPORTS [2019] 3 S.C.R. A Dismissing the appeal, the Court HELD: 1.1 There is no doubt, on the basis of the evidence which has emerged, in regard to the identity of the appellant as the assailant. The dying declaration Exh. 21 has a ring of truth. The deceased specifically deposed to the clothes whi…
Supreme Court of India30 Jul 2019Full text
2019 INSC 839 · [2019] 10 S.C.R. 949
was u/s. 439(2) Cr.P.C. i.e. an application for cancellation of bail, but the grounds raised in the application show that it was only challenging the order of grant of bail on the ground that it was an arbitrary exercise of discretion – The considerations applicable for cancellation of bail and for challenging the orde…
Supreme Court of India30 Jul 2019Full text
2019 INSC 838 · [2019] 10 S.C.R. 910
- – High Court upheld the order but reduced the percentage from 20% of the cheque amount to 15% of the cheque amount – Held: Sub-Sec.(5) of s.143A stipulates that the interim compensation could be recovered as if it were a fine u/s. 421, CrPC – s.421 appears in E Chapter XXXII of the Code dealing with ‘Execution, Suspe…
Supreme Court of India30 Jul 2019Full text
2019 INSC 837 · [2019] 10 S.C.R. 774
The Judgment of the Court was delivered by NAVIN SINHA, J. 1. The appellant assails his conviction and sentence under Sections G 8 and 15 of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as “the NDPS Act”) for 15 years along with fine of Rs.1,50,000/- under Section 31 of the NDPS…
Supreme Court of India30 Jul 2019Full text
2019 INSC 835 · [2019] 10 S.C.R. 353
as illegal and directed reinstatement with full back wages – In writ petition, order of the Labour Court was upheld so far as finding on termination order, but instead of full back wages granted back wages only to the extent of 30% – Appeal to Supreme Court – Held: Termination of the employee/workman in terms of Regula…
Supreme Court of India30 Jul 2019Full text
2019 INSC 834 · [2019] 10 S.C.R. 924
926 SUPREME COURT REPORTS [2019] 10 S.C.R. A B. H. Marlapalle, Sr. Adv., Ms. Astha Prasad, Ajit Wagh, Apoorv Shukla, Ms. Astha Prasad, Advs. for the Appellants. Vinay Navare, Sr. Adv, Ms. Gwen Karthika, Ms. Abha R. Sharma, Advs. for the Respondents. The Judgment of the Court was delivered by B UDAY UMESH LALIT, J. 1. L…
Supreme Court of India30 Jul 2019Full text
2019 INSC 833 · [2019] 10 S.C.R. 375
consideration of Rs.8.31 crores, the Respondents had paid Rs.8.14 crores by November, 2013 – Though the Appellants had undertaken to complete the villa by 31.12.2014, they failed to discharge the obligation – As late as on 28.05.2014, the Revised Construction Schedule had shown the date of delivery of possession to be …
Supreme Court of India30 Jul 2019Full text
2019 INSC 832 · [2019] 10 S.C.R. 570
paid as compensation to the injured PW-6 and PW-7. Since the enhanced compensation was paid by accused No.1 which is said to have been withdrawn by injured-victims, for conviction under…
Supreme Court of India23 Jan 2019Full text
2019 INSC 83 · [2019] 2 S.C.R. 493
B Disposing of the appeals, the Court HELD: 1.1 Clause 2.15 of the tender conditions made it clear that it is only at a pre-tender stage that a clarification may be obtained regarding tender conditions. Sub-clause 4 of Clause 2.15 is important because all tenderers were cautioned by this C Clause that tenders containin…
Also on Law on Tips: Bare Acts · Legal news and analysis