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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.
3,221–3,240 · Page 162 of 382
Supreme Court of India27 Jul 2016Full text
2016 INSC 1189 · [2016] 4 S.C.R. 15
Ashwin V. Kotemath, Mrs. S. Usha Reddy, Advs. for the A Appellant. The Judgment of the Court was delivered by DIPAK MISRA, J. 1. If a case ever exposed the maladroit efforts ofa litigant to indulge in abuse of the process of Court, the present Bone is a resplendent example. The factual narration, to which we shall adve…
Supreme Court of India25 Jul 2016Full text
2016 INSC 1188 · [2016] 3 S.C.R. 478
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.
3,221–3,240 · Page 162 of 382
Supreme Court of India27 Jul 2016Full text
2016 INSC 1189 · [2016] 4 S.C.R. 15
Ashwin V. Kotemath, Mrs. S. Usha Reddy, Advs. for the A Appellant. The Judgment of the Court was delivered by DIPAK MISRA, J. 1. If a case ever exposed the maladroit efforts ofa litigant to indulge in abuse of the process of Court, the present Bone is a resplendent example. The factual narration, to which we shall adve…
Supreme Court of India25 Jul 2016Full text
2016 INSC 1188 · [2016] 3 S.C.R. 478
478 ETOILE CREATIONS v. SARL DANSET DECO 479 18.10.2012 executed between them. [Paras 8, 9) [482-E-H; 483- A A-BJ CIVIL ORIGINAL JURISDICTION : Arbitration Application (Civil) No. 4 of2015 Vivek Gupta, Adv. for the Petitioner. B The Judgment of the Court was delivered by R. BANUMATHI, J. I. In this petition under Secti…
Supreme Court of India19 Jul 2016Full text
2016 INSC 1187 · [2016] 3 S.C.R. 357
Allowing the a11peal, the Court HELD: The ob,iection was filed beyond the JICriod prescribed under the 1996 Act. However, the a1>pellants sought Gexclusion of the time spent in the proceedings in court as envisaged under Section 14 of the Act. It is settled in law that Section 14 of' the Act applies to Section 34(3) of…
Supreme Court of India19 Jul 2016Full text
2016 INSC 1186 · [2016] 9 S.C.R. 560
560 ANITA KUSHWAHA v. PUSHAP SUDAN 561 wide enough to empower Supreme Court to direct such transfer in A appropriate situations - Code of Civil Procedure, 1908 - s.25 - · Code of Criminal Procedure, 1973 - s.406. Arts.14, 21 - Access tojustice - Held: ls .inc!eed a facet of right to life guaranteed under Art. 21 ~Acces…
Supreme Court of India13 May 2016Full text
2016 INSC 1185 · [2016] 2 S.C.R. 486
Allowing the appeal, the Court HELD: 1.1 Sub-section (1) of Section 306 of the Code of Criminal Procedure, 1973 very categorically and unambiguously F mentions Metropolitan Magistrate as one of the Judicial Officers who can exercise the power of tender of pardon to accomplice. Thus, Metropolitan Magistrate is specifica…
Supreme Court of India12 May 2016Full text
2016 INSC 1184 · [2016] 2 S.C.R. 1089
- Board rightly did not give the benefit of one year to the appellant under the Rules - Since there was doubt on the correctness of the date of birth, an enquiry for determination of the age of the accused Fwas done - Thus, no illegality in the orders passed by the Board and the Courts below - Juvenile Justice (Care an…
Supreme Court of India12 May 2016Full text
2016 INSC 1183 · [2016] 4 S.C.R. 1010
H 1010 DIRECTOR GENERAL OF INCOME TAX (ADMN.) & ANR. v. 1011 MIS. GTC INDUSTRIES LTD. & ANR. Disposing of the appeal, the Court A HELD: 1. The Sanctioned Rehabilitation Scheme has outlived its life which came to an end on 31st March, 2011. Application for extension of the Scheme filed before the Board of Industrial and…
Supreme Court of India5 May 2016Full text
2016 INSC 1182 · [2016] 3 S.C.R. 379
- In the instant case, at the fag end of the trial, the charge was altered with "Alternative Charge" with the framing of the charge ul s.302 !PC - Accused persons were initially charged for an offence G u/s.306 !PC, i.e. abetting suicide which was allegedly committed by . the son-in-law of A-1 ,- Later, the charge agai…
Supreme Court of India2 May 2016Full text
2016 INSC 1181 · [2016] 2 S.C.R. 1002
Haresh Raichura, Ms. Saroj Raichura, Kalp Raichura, Rajat Vats, Advs. for the Appellants. Purvish Jitendra Malkan, Jitendra Malkan, Ms. Dharita Malkan S. Arora, A. Singh, Advs. for the the Respondents. The Judgment of the Court was delivered by E PRAFULLA C. PANT, J. I. Leave granted .. 2. This appeal is directed again…
Supreme Court of India2 May 2016Full text
2016 INSC 1180 · [2016] 11 S.C.R. 870
CRIMINAL APPELLATE JURISDICTION: Cr! MP Nos. 6416-6420 of2016 in Criminal Appeal Nos. I 077-1081 of2013. E From the Judgment and Order dated 13.07.2009 of the High Court of Judicature at Mumbai in Criminal Revision Application No. 131 of 2007 with Criminal Writ Petition No. 2400 of2008 to 2403 of2008. Tushar Mehta, ASG…
Supreme Court of India22 Apr 2016Full text
2016 INSC 1179 · [2016] 2 S.C.R. 867
B Neeraj Kumar Jain, Sr. Adv., Yivek Sharma, Yash Pal Dhingra, Ad vs., with him for the Appellant. Ashok Agarwal, AG, Saurabh A. Gupta, AAG, Kuldip Singh, Adv., with them for the Respondent. The Judgment of the Court was delivered by c SHIVA KIRTI SINGH, J. 1. By the judgment and order under appeal dated 19.10.2015 the…
Supreme Court of India22 Apr 2016Full text
2016 INSC 1178 · [2016] 2 S.C.R. 969
970 SUPREME COURT REPORTS [2016] 2 S.C.R. A CRIMINALAPPELLATE JURISDICTION: Criminal Appeal No. 320 of2016. From the Judgment and Order dated 24.01.2013 of the High Court of Judicature at Bombay in Criminal Revision Petition No. 79 of20 I 2. Abdulrahiman T., Rahul, M.A. Krishna Moorthy, Advs. for the B Appellant. Aniru…
Supreme Court of India19 Apr 2016Full text
2016 INSC 1177 · [2016] 2 S.C.R. 741
Allowing the appeal, the Court HELD:t. The conclusions arrived at by the tribunal are on F analysis of .statutory provisions, the applicability of the letters issued by the Reserve Bank of India and the nature of transaction carried out between the parties. It is beyond any stretc!i of doubt that the decision rendered …
Supreme Court of India12 Apr 2016Full text
2016 INSC 1176 · [2016] 2 S.C.R. 401
The Judgment of the Court was delivered by D SHIVA KIRTI SINGH, J. l. By the impugned order under challenge dated 12.01.2015 a learned Single Judge of Jaipur Bench of the Rajasthan High Court chose to reject appellant's prayer to quash criminal case bearing CC No.2776/2000 under Section 16 of the Prevention of Food Adu…
Supreme Court of India11 Apr 2016Full text
2016 INSC 1175 · [2016] 2 S.C.R. 914
914 K.S. JOSEPH v. PHILIPS CARBON BLACK LTD. 915 Mandavi Cooperative Bank Ltd. v. Nimesh B. Thakore A 2010 (1) SCR 219:(2010) 3 SCC 83 - relied on. P.K. Choudhury v. Commander, 48 BRTF (GREF) 2008 (4) SCR 976:(2008) 13 SCC 229; Vijay Dhanuka v. Najima Mamtaj 2014 (4) SCR 171:(2014) 14 SCC 638 - referred to. B Case Law …
Supreme Court of India11 Mar 2016Full text
2016 INSC 1174 · [2016] 1 S.C.R. 727
[2016] 1 S.C.R. 727 SURESH CHAND GAUTAM A v. STATE OF UTTAR PRADESH & ORS. (Writ Petition (Civil) No. 690of2015) MARCH 11, 2016 B [DIPAK MISRA AND PRAFULLA C. PANT, JJ.] Constitution of India, 1950 - Arts. 16(4-A), 16(4-B) and 335 - Reservation in promotion for Scheduled Castes and the Scheduled Tribes - Need for quant…
Supreme Court of India3 Mar 2016Full text
2016 INSC 1173 · [2016] 2 S.C.R. 116
Dismissing the appeals, the Court HELD: COD of transmission lines can he achieved only on fulfillment of following three conditions: The line has been charged H 116 POWER GRID CORPORATION OF INDIA LTD. v. PUNJAB 117 STATE POWER CORPORATION LTD. successfully, its trial operation has been successfully carried out, A and …
Supreme Court of India3 Mar 2016Full text
2016 INSC 1172 · [2016] 2 S.C.R. 123
124 SUPREME COURT REPORTS [2016) 2 S.C.R. A discussion with a corresponding finding that the post mortem report does not corroborate injuries attributed to other co-accused. Even otherwise, the evidence of only eye witness PW-10 is highly unreliable and hence specific injuries attributed by him cannot carry any weight.…
Supreme Court of India3 Mar 2016Full text
2016 INSC 1171 · [2016] 2 S.C.R. 183
Disposing of the appeal, the Court HELD: The Competent authority did not follow the due procedure as per Rules. Auction was held within one day after F the notice was issued. Rule 28SA to 28SC of the U.P. Zamindari Abolition of Land Reforms Rules, 1952 deal With the procedure for putting the property in auction. On a p…
Supreme Court of India26 Feb 2016Full text
2016 INSC 1170 · [2016] 1 S.C.R. 973
1.2 It is perceptible that the High Court has not adverted to the merits of the case and dismissed L.P.A. of 2002 on the ground that it did not survive aJter dismissal of L.P.A. of 2006. E As the order passed in L.P.A. of 2006 is set aside and opined that the "appropriate Government" in relation to the respondent compa…
Also on Law on Tips: Bare Acts · Legal news and analysis
478 ETOILE CREATIONS v. SARL DANSET DECO 479 18.10.2012 executed between them. [Paras 8, 9) [482-E-H; 483- A A-BJ CIVIL ORIGINAL JURISDICTION : Arbitration Application (Civil) No. 4 of2015 Vivek Gupta, Adv. for the Petitioner. B The Judgment of the Court was delivered by R. BANUMATHI, J. I. In this petition under Secti…
Supreme Court of India19 Jul 2016Full text
2016 INSC 1187 · [2016] 3 S.C.R. 357
Allowing the a11peal, the Court HELD: The ob,iection was filed beyond the JICriod prescribed under the 1996 Act. However, the a1>pellants sought Gexclusion of the time spent in the proceedings in court as envisaged under Section 14 of the Act. It is settled in law that Section 14 of' the Act applies to Section 34(3) of…
Supreme Court of India19 Jul 2016Full text
2016 INSC 1186 · [2016] 9 S.C.R. 560
560 ANITA KUSHWAHA v. PUSHAP SUDAN 561 wide enough to empower Supreme Court to direct such transfer in A appropriate situations - Code of Civil Procedure, 1908 - s.25 - · Code of Criminal Procedure, 1973 - s.406. Arts.14, 21 - Access tojustice - Held: ls .inc!eed a facet of right to life guaranteed under Art. 21 ~Acces…
Supreme Court of India13 May 2016Full text
2016 INSC 1185 · [2016] 2 S.C.R. 486
Allowing the appeal, the Court HELD: 1.1 Sub-section (1) of Section 306 of the Code of Criminal Procedure, 1973 very categorically and unambiguously F mentions Metropolitan Magistrate as one of the Judicial Officers who can exercise the power of tender of pardon to accomplice. Thus, Metropolitan Magistrate is specifica…
Supreme Court of India12 May 2016Full text
2016 INSC 1184 · [2016] 2 S.C.R. 1089
- Board rightly did not give the benefit of one year to the appellant under the Rules - Since there was doubt on the correctness of the date of birth, an enquiry for determination of the age of the accused Fwas done - Thus, no illegality in the orders passed by the Board and the Courts below - Juvenile Justice (Care an…
Supreme Court of India12 May 2016Full text
2016 INSC 1183 · [2016] 4 S.C.R. 1010
H 1010 DIRECTOR GENERAL OF INCOME TAX (ADMN.) & ANR. v. 1011 MIS. GTC INDUSTRIES LTD. & ANR. Disposing of the appeal, the Court A HELD: 1. The Sanctioned Rehabilitation Scheme has outlived its life which came to an end on 31st March, 2011. Application for extension of the Scheme filed before the Board of Industrial and…
Supreme Court of India5 May 2016Full text
2016 INSC 1182 · [2016] 3 S.C.R. 379
- In the instant case, at the fag end of the trial, the charge was altered with "Alternative Charge" with the framing of the charge ul s.302 !PC - Accused persons were initially charged for an offence G u/s.306 !PC, i.e. abetting suicide which was allegedly committed by . the son-in-law of A-1 ,- Later, the charge agai…
Supreme Court of India2 May 2016Full text
2016 INSC 1181 · [2016] 2 S.C.R. 1002
Haresh Raichura, Ms. Saroj Raichura, Kalp Raichura, Rajat Vats, Advs. for the Appellants. Purvish Jitendra Malkan, Jitendra Malkan, Ms. Dharita Malkan S. Arora, A. Singh, Advs. for the the Respondents. The Judgment of the Court was delivered by E PRAFULLA C. PANT, J. I. Leave granted .. 2. This appeal is directed again…
Supreme Court of India2 May 2016Full text
2016 INSC 1180 · [2016] 11 S.C.R. 870
CRIMINAL APPELLATE JURISDICTION: Cr! MP Nos. 6416-6420 of2016 in Criminal Appeal Nos. I 077-1081 of2013. E From the Judgment and Order dated 13.07.2009 of the High Court of Judicature at Mumbai in Criminal Revision Application No. 131 of 2007 with Criminal Writ Petition No. 2400 of2008 to 2403 of2008. Tushar Mehta, ASG…
Supreme Court of India22 Apr 2016Full text
2016 INSC 1179 · [2016] 2 S.C.R. 867
B Neeraj Kumar Jain, Sr. Adv., Yivek Sharma, Yash Pal Dhingra, Ad vs., with him for the Appellant. Ashok Agarwal, AG, Saurabh A. Gupta, AAG, Kuldip Singh, Adv., with them for the Respondent. The Judgment of the Court was delivered by c SHIVA KIRTI SINGH, J. 1. By the judgment and order under appeal dated 19.10.2015 the…
Supreme Court of India22 Apr 2016Full text
2016 INSC 1178 · [2016] 2 S.C.R. 969
970 SUPREME COURT REPORTS [2016] 2 S.C.R. A CRIMINALAPPELLATE JURISDICTION: Criminal Appeal No. 320 of2016. From the Judgment and Order dated 24.01.2013 of the High Court of Judicature at Bombay in Criminal Revision Petition No. 79 of20 I 2. Abdulrahiman T., Rahul, M.A. Krishna Moorthy, Advs. for the B Appellant. Aniru…
Supreme Court of India19 Apr 2016Full text
2016 INSC 1177 · [2016] 2 S.C.R. 741
Allowing the appeal, the Court HELD:t. The conclusions arrived at by the tribunal are on F analysis of .statutory provisions, the applicability of the letters issued by the Reserve Bank of India and the nature of transaction carried out between the parties. It is beyond any stretc!i of doubt that the decision rendered …
Supreme Court of India12 Apr 2016Full text
2016 INSC 1176 · [2016] 2 S.C.R. 401
The Judgment of the Court was delivered by D SHIVA KIRTI SINGH, J. l. By the impugned order under challenge dated 12.01.2015 a learned Single Judge of Jaipur Bench of the Rajasthan High Court chose to reject appellant's prayer to quash criminal case bearing CC No.2776/2000 under Section 16 of the Prevention of Food Adu…
Supreme Court of India11 Apr 2016Full text
2016 INSC 1175 · [2016] 2 S.C.R. 914
914 K.S. JOSEPH v. PHILIPS CARBON BLACK LTD. 915 Mandavi Cooperative Bank Ltd. v. Nimesh B. Thakore A 2010 (1) SCR 219:(2010) 3 SCC 83 - relied on. P.K. Choudhury v. Commander, 48 BRTF (GREF) 2008 (4) SCR 976:(2008) 13 SCC 229; Vijay Dhanuka v. Najima Mamtaj 2014 (4) SCR 171:(2014) 14 SCC 638 - referred to. B Case Law …
Supreme Court of India11 Mar 2016Full text
2016 INSC 1174 · [2016] 1 S.C.R. 727
[2016] 1 S.C.R. 727 SURESH CHAND GAUTAM A v. STATE OF UTTAR PRADESH & ORS. (Writ Petition (Civil) No. 690of2015) MARCH 11, 2016 B [DIPAK MISRA AND PRAFULLA C. PANT, JJ.] Constitution of India, 1950 - Arts. 16(4-A), 16(4-B) and 335 - Reservation in promotion for Scheduled Castes and the Scheduled Tribes - Need for quant…
Supreme Court of India3 Mar 2016Full text
2016 INSC 1173 · [2016] 2 S.C.R. 116
Dismissing the appeals, the Court HELD: COD of transmission lines can he achieved only on fulfillment of following three conditions: The line has been charged H 116 POWER GRID CORPORATION OF INDIA LTD. v. PUNJAB 117 STATE POWER CORPORATION LTD. successfully, its trial operation has been successfully carried out, A and …
Supreme Court of India3 Mar 2016Full text
2016 INSC 1172 · [2016] 2 S.C.R. 123
124 SUPREME COURT REPORTS [2016) 2 S.C.R. A discussion with a corresponding finding that the post mortem report does not corroborate injuries attributed to other co-accused. Even otherwise, the evidence of only eye witness PW-10 is highly unreliable and hence specific injuries attributed by him cannot carry any weight.…
Supreme Court of India3 Mar 2016Full text
2016 INSC 1171 · [2016] 2 S.C.R. 183
Disposing of the appeal, the Court HELD: The Competent authority did not follow the due procedure as per Rules. Auction was held within one day after F the notice was issued. Rule 28SA to 28SC of the U.P. Zamindari Abolition of Land Reforms Rules, 1952 deal With the procedure for putting the property in auction. On a p…
Supreme Court of India26 Feb 2016Full text
2016 INSC 1170 · [2016] 1 S.C.R. 973
1.2 It is perceptible that the High Court has not adverted to the merits of the case and dismissed L.P.A. of 2002 on the ground that it did not survive aJter dismissal of L.P.A. of 2006. E As the order passed in L.P.A. of 2006 is set aside and opined that the "appropriate Government" in relation to the respondent compa…
Also on Law on Tips: Bare Acts · Legal news and analysis