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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.
3,241–3,260 · Page 163 of 382
Supreme Court of India25 Feb 2016Full text
2016 INSC 1169 · [2016] 3 S.C.R. 508
WITH B Crl. A. Nos. 895 and 898 of201 I Pushpinder Singh, Kumar Km1ikay, Aruneshwar Gupta, Ama1j it Singh Bedi,Advs. for the Appellant. S.U.K. Sagar, Vishwa Pal Singh, Ms. Naresh Bakshi, Rao Ranjit, Advs. for the Respondent. c The following Order of the Court was delivered ORDER I. The appeals have been preferred by th…
Supreme Court of India25 Feb 2016Full text
2016 INSC 1168 · [2016] 3 S.C.R. 744
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.
3,241–3,260 · Page 163 of 382
Supreme Court of India25 Feb 2016Full text
2016 INSC 1169 · [2016] 3 S.C.R. 508
WITH B Crl. A. Nos. 895 and 898 of201 I Pushpinder Singh, Kumar Km1ikay, Aruneshwar Gupta, Ama1j it Singh Bedi,Advs. for the Appellant. S.U.K. Sagar, Vishwa Pal Singh, Ms. Naresh Bakshi, Rao Ranjit, Advs. for the Respondent. c The following Order of the Court was delivered ORDER I. The appeals have been preferred by th…
Supreme Court of India25 Feb 2016Full text
2016 INSC 1168 · [2016] 3 S.C.R. 744
2. Because of the cavil relating to classification, steps were taken for recovery of the differential duty and keeping in view the demands made, the respondent-manufacturer started paying the duty as demanded by the concerned authority. Be it stated, the initial adjudicator, that is, D the Assistant Commissioner of Cen…
Supreme Court of India22 Jan 2016Full text
2016 INSC 1164 · [2016] 1 S.C.R. 266
D Dismissing the appeal, the Court HELD: When the prayer for review is dismissed, there can be no merger. If the order passed in review recalls the main order and a different order is passed, definitely the main order does not exist. In that event, there is no need to challenge the main order, for it is the order in re…
Supreme Court of India11 Jan 2016Full text
2016 INSC 1163 · [2016] 1 S.C.R. 207
E 2. In support of the cause projected, it is submitted by Ms. Mahalakshmi Pavani, learned senior counsel along with Ms. Shiva Vijay Kumar, Ms. Anita Bafna and Ms. Prema Kumari, learned counsel for the petitioner that reading certain news items in the newspapers in the morning has become quite a dreadful and lamentable…
Supreme Court of India7 Jan 2016Full text
2016 INSC 1162 · [2016] 1 S.C.R. 117
Allowing the appeals, the Court G HELD: 1.1 The tribunal observed that for arriving at dumping in relation to an article, the Designated Authority is required to make a fair comparison between the export price and the normal value; and that the comparison is required to be made at the same level of trade at ex-factory …
Supreme Court of India16 Dec 2016Full text
2016 INSC 1161 · [2016] 7 S.C.R. 798
Denial of right to withdraw the prescribed amount of c Rs.2.J,0001- per week per account holder, in spite of Notification issued by Reserve Bank of India permitting such withdrdwal - Non-availability of enough volume of legal tender currency - Held: As per Attorney General, the Government has already made it amply clea…
Supreme Court of India16 Dec 2016Full text
2016 INSC 1157 · [2016] 9 S.C.R. 985
- Entire Act in pith and substance is referable to Entry 45 List I rlw F Entry 95 List I - The Act does not deal with 'transfer of property' -The transfer of property by way of sale or assignment, is only one of several measures of recovery of a secured debt owing to a bank - It is not correct to first dissect an Act i…
Supreme Court of India16 Dec 2016Full text
2016 INSC 1154 · [2016] 8 S.C.R. 185
Dismissing the Special Leave Petitions, the Court HELD: 1.1 The High Court noticed amongst others, that F the applications filed were all in a cyclostyled form which did not adequately contain the particulars of the lands. That the amendment applications did not contain the required endorsements to indicate the dates o…
Supreme Court of India16 Dec 2016Full text
2016 INSC 1153 · [2016] 11 S.C.R. 172
1.3 The fields of taxation on which the Union Parliament and State legislatures are competent to enact legislations to meet the constitutional mandate under Article 265 of the Constitution are clearly indicated in the respective Lists. While there can be E no encroachment either way, it is possible that in a given situ…
Supreme Court of India16 Dec 2016Full text
2016 INSC 1152 · [2016] 9 S.C.R. 163
I 'T (2016) 9 S.C.R. 163 • • •• ' C.I.T. & ANR. A v. MIS YOKOGAWA INDIA LTD. (Civil Appeal No. 8498 of201J) B DECEMBER 16, 2016 [RANJAN GOGOi AND PRAFULLA C. PANT, JJ.] l11come Tax Act, 1961: s.JOA (as amended) - Deduction or Exemption - Held: The introduction of the word' 'deduction'. in s. l OA ,. by the amendment, c…
Supreme Court of India15 Dec 2016Full text
2016 INSC 1151 · [2016] 8 S.C.R. 984
SITA RAM v. BALBIR @ BALI 985 Court by providing protection and asylum to the accused and thereby A obstructed administration ofjustice - Therefore, the Medical Director and the Managing Director of the hospital are liable for contempt of court - However, one more opportunity is given to all three contemnors - The cond…
Supreme Court of India15 Dec 2016Full text
2016 INSC 1150 · [2016] 11 S.C.R. 149
150 SUPREME COURT REPORTS r2o 161 11 s.c.R. A Government, it cannot be subject 111atter of the instant Conte111pt Petition, which is accordingly closed - Mines and Minerals (Develop111ent and Regulation) Act, 1957 - Mines and Minerals (Development and Regulation) Amendment Act, 2015. Mines and Minerals (Development and…
Supreme Court of India1 Feb 2016Full text
2016 INSC 115 · [2016] 1 S.C.R. 484
S.W.A. Qadri, Jubair Ahmad Khan, laid Ali, Tamim Qadri, Saurabh Chopra (for Lakshmi Raman Singh) for the Appellants. D Anis Ahmed Khan, Shoaib Ahmad Khan, for the Respondents. The Judgment of the Court was delivered. ADARSH KUMAR GOEL, J. I. Validity of gift deed dated 24'" February, 1976 executed by late Hazi Azimuddi…
Supreme Court of India15 Dec 2016Full text
2016 INSC 1149 · [2016] 9 S.C.R. 237
[2016] 9 S.C.R. 237 STATE OF HIMACHAL PRADESH A v. SANJAY KUMAR @ SUNNY (Criminal Appeal No. 1231 of2016) DECEMBER 15, 2016 B [A. K. SIKRI AND ABHAY MANOHAR SAPRE, JJ.) Penal Code, 1860: ss.376(2)(j), 506 - Rape of 9 years old girl - Respondent-accused paternal uncle of the prosecutrix -Incident not disclosed by prosec…
Supreme Court of India15 Dec 2016Full text
2016 INSC 1147 · [2016] 11 S.C.R. 1
2 SUPREME COURT REPORTS f2016] 1 I S.C.R. A appellate court shall state the points for determination, the decision thereon and the reasons for decision. However, it is equally well settled that mere omission to frame point/points for determination does not vitiate the judgment of the first appellate court provided that…
Supreme Court of India15 Dec 2016Full text
2016 INSC 1146 · [2016] 9 S.C.R. 205
Dismissing the appeals, the Court HELD: The case in hand was totally dependent upon the circumstantial evidence. The prosecution failed to pass tests to D bring home the guilt of the accused as laid down by this Court in *Slumul Birdllic/u11ul Sau/a v. State of Mallaraslitra. The findings recorded by the High Court wer…
Supreme Court of India15 Dec 2016Full text
2016 INSC 1145 · [2016] 11 S.C.R. 621
[2016] 11 S.C.R. 621 JUSTICE (RETD.) MARKANDEY KATJU A v. THE LOK SABHA & ANR. (Writ Petition (Civil) No. 504 of2015) DECEMBER 15, 2016 B [T. S. THAKUR, CJI, R. BANUMATHI AND UDAY UMESH LALIT, JJ.] Constitution of India: Arts. 32 and 105(2) - Derogatory remarks in Facebook post c by retired Judge of Supreme Court again…
Supreme Court of India15 Dec 2016Full text
2016 INSC 1144 · [2016] 12 S.C.R. 200
2. The Armed Forces Tribunal was, therefore, in error in rejecting the application filed by the appellant. The orders of the Tribmial;i,re set aside. Since the appellant would have attained the age of superannuation, the ends of justice would be met if he is treated to have been in service till the time he would have F…
Supreme Court of India15 Dec 2016Full text
2016 INSC 1142 · [2016] 11 S.C.R. 81
110.3 - Held: The Board has power to select the best candidate as per the provisions of the statute - Whenever the Board considers a E person placed lower in merit in the select list, it can do so only by recording reasons as to why the case of the person placed above is being overlooked and person below is considered …
Supreme Court of India15 Dec 2016Full text
2016 INSC 1141 · [2016] 9 S.C.R. 111
H 111 112 SUPREME COURT REPORTS [2016] 9 S.C.R. A Dismissing the appeals, the Court HELD: 1.1 No material has been produced to indicate that the appellant professes a religious belief that would bring him within the ambit of Regulation 425(b) which applies to "personnel whose religion prohibits the cutting off the hair…
Also on Law on Tips: Bare Acts · Legal news and analysis
2. Because of the cavil relating to classification, steps were taken for recovery of the differential duty and keeping in view the demands made, the respondent-manufacturer started paying the duty as demanded by the concerned authority. Be it stated, the initial adjudicator, that is, D the Assistant Commissioner of Cen…
Supreme Court of India22 Jan 2016Full text
2016 INSC 1164 · [2016] 1 S.C.R. 266
D Dismissing the appeal, the Court HELD: When the prayer for review is dismissed, there can be no merger. If the order passed in review recalls the main order and a different order is passed, definitely the main order does not exist. In that event, there is no need to challenge the main order, for it is the order in re…
Supreme Court of India11 Jan 2016Full text
2016 INSC 1163 · [2016] 1 S.C.R. 207
E 2. In support of the cause projected, it is submitted by Ms. Mahalakshmi Pavani, learned senior counsel along with Ms. Shiva Vijay Kumar, Ms. Anita Bafna and Ms. Prema Kumari, learned counsel for the petitioner that reading certain news items in the newspapers in the morning has become quite a dreadful and lamentable…
Supreme Court of India7 Jan 2016Full text
2016 INSC 1162 · [2016] 1 S.C.R. 117
Allowing the appeals, the Court G HELD: 1.1 The tribunal observed that for arriving at dumping in relation to an article, the Designated Authority is required to make a fair comparison between the export price and the normal value; and that the comparison is required to be made at the same level of trade at ex-factory …
Supreme Court of India16 Dec 2016Full text
2016 INSC 1161 · [2016] 7 S.C.R. 798
Denial of right to withdraw the prescribed amount of c Rs.2.J,0001- per week per account holder, in spite of Notification issued by Reserve Bank of India permitting such withdrdwal - Non-availability of enough volume of legal tender currency - Held: As per Attorney General, the Government has already made it amply clea…
Supreme Court of India16 Dec 2016Full text
2016 INSC 1157 · [2016] 9 S.C.R. 985
- Entire Act in pith and substance is referable to Entry 45 List I rlw F Entry 95 List I - The Act does not deal with 'transfer of property' -The transfer of property by way of sale or assignment, is only one of several measures of recovery of a secured debt owing to a bank - It is not correct to first dissect an Act i…
Supreme Court of India16 Dec 2016Full text
2016 INSC 1154 · [2016] 8 S.C.R. 185
Dismissing the Special Leave Petitions, the Court HELD: 1.1 The High Court noticed amongst others, that F the applications filed were all in a cyclostyled form which did not adequately contain the particulars of the lands. That the amendment applications did not contain the required endorsements to indicate the dates o…
Supreme Court of India16 Dec 2016Full text
2016 INSC 1153 · [2016] 11 S.C.R. 172
1.3 The fields of taxation on which the Union Parliament and State legislatures are competent to enact legislations to meet the constitutional mandate under Article 265 of the Constitution are clearly indicated in the respective Lists. While there can be E no encroachment either way, it is possible that in a given situ…
Supreme Court of India16 Dec 2016Full text
2016 INSC 1152 · [2016] 9 S.C.R. 163
I 'T (2016) 9 S.C.R. 163 • • •• ' C.I.T. & ANR. A v. MIS YOKOGAWA INDIA LTD. (Civil Appeal No. 8498 of201J) B DECEMBER 16, 2016 [RANJAN GOGOi AND PRAFULLA C. PANT, JJ.] l11come Tax Act, 1961: s.JOA (as amended) - Deduction or Exemption - Held: The introduction of the word' 'deduction'. in s. l OA ,. by the amendment, c…
Supreme Court of India15 Dec 2016Full text
2016 INSC 1151 · [2016] 8 S.C.R. 984
SITA RAM v. BALBIR @ BALI 985 Court by providing protection and asylum to the accused and thereby A obstructed administration ofjustice - Therefore, the Medical Director and the Managing Director of the hospital are liable for contempt of court - However, one more opportunity is given to all three contemnors - The cond…
Supreme Court of India15 Dec 2016Full text
2016 INSC 1150 · [2016] 11 S.C.R. 149
150 SUPREME COURT REPORTS r2o 161 11 s.c.R. A Government, it cannot be subject 111atter of the instant Conte111pt Petition, which is accordingly closed - Mines and Minerals (Develop111ent and Regulation) Act, 1957 - Mines and Minerals (Development and Regulation) Amendment Act, 2015. Mines and Minerals (Development and…
Supreme Court of India1 Feb 2016Full text
2016 INSC 115 · [2016] 1 S.C.R. 484
S.W.A. Qadri, Jubair Ahmad Khan, laid Ali, Tamim Qadri, Saurabh Chopra (for Lakshmi Raman Singh) for the Appellants. D Anis Ahmed Khan, Shoaib Ahmad Khan, for the Respondents. The Judgment of the Court was delivered. ADARSH KUMAR GOEL, J. I. Validity of gift deed dated 24'" February, 1976 executed by late Hazi Azimuddi…
Supreme Court of India15 Dec 2016Full text
2016 INSC 1149 · [2016] 9 S.C.R. 237
[2016] 9 S.C.R. 237 STATE OF HIMACHAL PRADESH A v. SANJAY KUMAR @ SUNNY (Criminal Appeal No. 1231 of2016) DECEMBER 15, 2016 B [A. K. SIKRI AND ABHAY MANOHAR SAPRE, JJ.) Penal Code, 1860: ss.376(2)(j), 506 - Rape of 9 years old girl - Respondent-accused paternal uncle of the prosecutrix -Incident not disclosed by prosec…
Supreme Court of India15 Dec 2016Full text
2016 INSC 1147 · [2016] 11 S.C.R. 1
2 SUPREME COURT REPORTS f2016] 1 I S.C.R. A appellate court shall state the points for determination, the decision thereon and the reasons for decision. However, it is equally well settled that mere omission to frame point/points for determination does not vitiate the judgment of the first appellate court provided that…
Supreme Court of India15 Dec 2016Full text
2016 INSC 1146 · [2016] 9 S.C.R. 205
Dismissing the appeals, the Court HELD: The case in hand was totally dependent upon the circumstantial evidence. The prosecution failed to pass tests to D bring home the guilt of the accused as laid down by this Court in *Slumul Birdllic/u11ul Sau/a v. State of Mallaraslitra. The findings recorded by the High Court wer…
Supreme Court of India15 Dec 2016Full text
2016 INSC 1145 · [2016] 11 S.C.R. 621
[2016] 11 S.C.R. 621 JUSTICE (RETD.) MARKANDEY KATJU A v. THE LOK SABHA & ANR. (Writ Petition (Civil) No. 504 of2015) DECEMBER 15, 2016 B [T. S. THAKUR, CJI, R. BANUMATHI AND UDAY UMESH LALIT, JJ.] Constitution of India: Arts. 32 and 105(2) - Derogatory remarks in Facebook post c by retired Judge of Supreme Court again…
Supreme Court of India15 Dec 2016Full text
2016 INSC 1144 · [2016] 12 S.C.R. 200
2. The Armed Forces Tribunal was, therefore, in error in rejecting the application filed by the appellant. The orders of the Tribmial;i,re set aside. Since the appellant would have attained the age of superannuation, the ends of justice would be met if he is treated to have been in service till the time he would have F…
Supreme Court of India15 Dec 2016Full text
2016 INSC 1142 · [2016] 11 S.C.R. 81
110.3 - Held: The Board has power to select the best candidate as per the provisions of the statute - Whenever the Board considers a E person placed lower in merit in the select list, it can do so only by recording reasons as to why the case of the person placed above is being overlooked and person below is considered …
Supreme Court of India15 Dec 2016Full text
2016 INSC 1141 · [2016] 9 S.C.R. 111
H 111 112 SUPREME COURT REPORTS [2016] 9 S.C.R. A Dismissing the appeals, the Court HELD: 1.1 No material has been produced to indicate that the appellant professes a religious belief that would bring him within the ambit of Regulation 425(b) which applies to "personnel whose religion prohibits the cutting off the hair…
Also on Law on Tips: Bare Acts · Legal news and analysis