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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.
321–340 · Page 17 of 382
Supreme Court of India30 Jul 2019Full text
2019 INSC 829 · [2019] 10 S.C.R. 647
of 110 KV was not issued since the transmission lines were not ready – High Court directed the State Government to deal with the representations submitted by the appellant – Pursuant to order of High Court, State Government passed order on 7 February 2001 opining inter alia that appellant was not entitled to the benefi…
Supreme Court of India30 Jul 2019Full text
2019 INSC 828 · [2019] 10 S.C.R. 779
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.
321–340 · Page 17 of 382
Supreme Court of India30 Jul 2019Full text
2019 INSC 829 · [2019] 10 S.C.R. 647
of 110 KV was not issued since the transmission lines were not ready – High Court directed the State Government to deal with the representations submitted by the appellant – Pursuant to order of High Court, State Government passed order on 7 February 2001 opining inter alia that appellant was not entitled to the benefi…
Supreme Court of India30 Jul 2019Full text
2019 INSC 828 · [2019] 10 S.C.R. 779
– Further, such explanation would be necessary, if the prosecution had discharged the initial onus on it – Therefore, the appellant was not required to explain the circumstances of body parts being found in ‘Bitora’ – Further, PW-4, 5 were inimical towards the appellant G inasmuch as she had filed a suit for claiming a…
Supreme Court of India30 Jul 2019Full text
2019 INSC 827 · [2019] 10 S.C.R. 360
Allowing the appeal, the Court HELD: 1. From a reading of the terms of the compromise deed dated 11.12.2001, it is clear that the parties have substituted C a new agreement by way of compromise. As per the agreement dated 01.05.1997, the appellant was the clearing and forwarding agent for the entire north-eastern regio…
Supreme Court of India29 Jul 2019Full text
2019 INSC 825 · [2019] 10 S.C.R. 321
grant of bail – Bail. Allowing the appeals, the Court HELD: 1. Though it may not be necessary to give categorical finding while granting or rejecting the bail for want of full evidence adduced by the prosecution as also by the defence E at that stage, yet it must appear from a perusal of the order that the Court has ap…
Supreme Court of India29 Jul 2019Full text
2019 INSC 824 · [2019] 10 S.C.R. 327
327 328 SUPREME COURT REPORTS [2019] 10 S.C.R. A Uttar Pradesh State Road Transport Corporation v. Mamta & Ors., (2016) 4 SCC 172 ; G. Saraswathi & Ors. v. Rathinammal & Ors. (2018) 3 SCC 340 : [2018] 2 SCR 548 ; Central Board of Trustees v. Indore Composite Pvt. Ltd., (2018) 8 SCC 443 : [2018] 7 SCR 1130 – referred to…
Supreme Court of India29 Jul 2019Full text
2019 INSC 823 · [2019] 10 S.C.R. 304
B Constitution of India – Art.226 – High Court’s jurisdiction under –Contracts excluding the jurisdiction of all courts vis-a-vis contract conferring jurisdiction on one amongst multiple courts having proper jurisdiction – Validity of such contracts – Discussed– Indian Contract Act, 1872 – s.28. C Appellant-Society was…
Supreme Court of India29 Jul 2019Full text
2019 INSC 822 · [2019] 9 S.C.R. 1175
of Rs.12,350/- against the bill raised by the travel agent – Money receipt was filed in the proceedings, which was not disbelieved – Also, the tender in question was ultimately cancelled, hence it is not a case of any benefit obtained from the successful bidder out of the tender –Further, imposition of punishment of wi…
Supreme Court of India29 Jul 2019Full text
2019 INSC 821 · [2019] 9 S.C.R. 859
– On 28.03.2012, G.O.Ms No.86 was issued whereby the I & A charges for different categories and building falling under the jurisdiction of the appellant stood increased – Pursuant thereto, a demand notice was issued on 22.08.2012 by the appellant by which demand was revised under two heads, i.e. balance I & A charges F…
Supreme Court of India29 Jul 2019Full text
2019 INSC 820 · [2019] 9 S.C.R. 1155
Allowing the appeal, the Court HELD: 1. The scope and ambit of Rule 101 of Order XXI Fof CPC prior to amendment of CPC was entirely different as compared to Rule 101 as was brought into statute after 1976 amendment. Earlier a person who was a bona fide claimant and who satisfied that he was in possession of the propert…
Supreme Court of India23 Jan 2019Full text
2019 INSC 82 · [2019] 1 S.C.R. 559
RAJASTHAN SMALL INDUSTRIES CORPN. LTD. v. GANESH 561 CONTAINERS MOVERS SYNDICATE the Arbitral Tribunal could have given further opportunity to the A respondent to put forth his case – The proceedings of the Arbitral Tribunal was pending for quite some time from 2009 till 2015 and after the respondent approached the Hig…
Supreme Court of India29 Jul 2019Full text
2019 INSC 819 · [2019] 10 S.C.R. 333
Single Judge of the High Court upheld the order dated 30.03.1994 – The appellants and vendor (respondent No.3) filed separate intra court appeals before the Division Bench of High Court – Division Bench of the High Court dismissed the appellants’ appeal, however, partly allowed the vendor’s appeal with the direction th…
Supreme Court of India26 Jul 2019Full text
2019 INSC 818 · [2019] 9 S.C.R. 843
– Accordingly, compensation enhanced from Rs.3 lakhs to Rs.5 lakhs. G Disposing of the appeals, the Court Held: 1. The High Court has rightly directed to register a criminal case for the offence punishable under Section 302 of the IPC with respect to the death of victim and looking to the gravity H 843 844 SUPREME COUR…
Supreme Court of India25 Jul 2019Full text
2019 INSC 817 · [2019] 9 S.C.R. 1140
apply to all arbitration where the place of arbitration is in India – s.2(1)(e) defines “court” with reference to Part-I of the Act and would govern the place of arbitration – Further, u/s.2(1)(e), if the “subject-matter of the suit” is situated within the arbitral jurisdiction of two or more courts, the parties can ag…
Supreme Court of India25 Jul 2019Full text
2019 INSC 816 · [2019] 9 S.C.R. 735
735 736 SUPREME COURT REPORTS [2019] 9 S.C.R. A authentic or credible – The date of birth in the school first attended by second respondent and the transfer certificate of that school contained the date of birth as 17.12.1995 which matched with the the date of birth which was voluntarily disclosed by the second respond…
Supreme Court of India25 Jul 2019Full text
2019 INSC 815 · [2019] 9 S.C.R. 799
the present case, notice u/s.143(2) under which jurisdiction was assumed by the assessing officer was issued to a non-existent company – Assessment order was issued against the amalgamating company – This is substantive illegality and not procedural violation of the nature adverted to in s.292B – Despite the fact that …
Supreme Court of India25 Jul 2019Full text
2019 INSC 814 · [2019] 10 S.C.R. 73
commissioned on or after 01.04.2016 – First respondent seeking benefit of the unit rate of Rs. 5.92 fixed under the earlier tariff order on the basis that it commissioned its project on 31.03.2016 – Appellant’s case that on the basis of the data provided, power was injected into the grid on or from 01.04.2016, thus, no…
Supreme Court of India25 Jul 2019Full text
2019 INSC 813 · [2019] 9 S.C.R. 828
High Court. Dismissing the appeal, the Court HELD : 1. It is not in dispute that 28 projects were approved by the Committee by notification dated 07.12.2015 but none of them (27) has come forward to question the constitutional C validity of sub-section (7) except the appellant herein. In other words, out of 28 projects…
Supreme Court of India25 Jul 2019Full text
2019 INSC 812 · [2019] 9 S.C.R. 769
– Time and again opportunity of hearing cannot be granted on the pretext of justice – Delaying tactics cannot be rewarded in such a manner – Once the employee has failed to avail of opportunity of E hearing granted, the Bank cannot be directed to give another opportunity – Thus, the directions issued by the Division Be…
Supreme Court of India25 Jul 2019Full text
2019 INSC 811 · [2019] 9 S.C.R. 754
754 SUPREME COURT[2019]REPORTS9 S.C.R. 754 [2019] 9 S.C.R. A RANJIT KUMAR HALDAR v. STATE OF SIKKIM (Criminal Appeal No. 427 of 2014) B JULY 25, 2019 [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Penal Code, 1860: s.302 – Murder – Prosecution case was that the victim-deceased had gone with his family for work with the accus…
Supreme Court of India25 Jul 2019Full text
2019 INSC 810 · [2019] 9 S.C.R. 703
703 704 SUPREME COURT REPORTS [2019] 9 S.C.R. A chose to join the accused No. 1 and aggravated the humiliation of the girl by addressing her as younger brother’s wife or aunt – Accused persons were working with the common intention to harass and humiliate the girl with reference to her broken engagement – Such taunting…
Also on Law on Tips: Bare Acts · Legal news and analysis
– Further, such explanation would be necessary, if the prosecution had discharged the initial onus on it – Therefore, the appellant was not required to explain the circumstances of body parts being found in ‘Bitora’ – Further, PW-4, 5 were inimical towards the appellant G inasmuch as she had filed a suit for claiming a…
Supreme Court of India30 Jul 2019Full text
2019 INSC 827 · [2019] 10 S.C.R. 360
Allowing the appeal, the Court HELD: 1. From a reading of the terms of the compromise deed dated 11.12.2001, it is clear that the parties have substituted C a new agreement by way of compromise. As per the agreement dated 01.05.1997, the appellant was the clearing and forwarding agent for the entire north-eastern regio…
Supreme Court of India29 Jul 2019Full text
2019 INSC 825 · [2019] 10 S.C.R. 321
grant of bail – Bail. Allowing the appeals, the Court HELD: 1. Though it may not be necessary to give categorical finding while granting or rejecting the bail for want of full evidence adduced by the prosecution as also by the defence E at that stage, yet it must appear from a perusal of the order that the Court has ap…
Supreme Court of India29 Jul 2019Full text
2019 INSC 824 · [2019] 10 S.C.R. 327
327 328 SUPREME COURT REPORTS [2019] 10 S.C.R. A Uttar Pradesh State Road Transport Corporation v. Mamta & Ors., (2016) 4 SCC 172 ; G. Saraswathi & Ors. v. Rathinammal & Ors. (2018) 3 SCC 340 : [2018] 2 SCR 548 ; Central Board of Trustees v. Indore Composite Pvt. Ltd., (2018) 8 SCC 443 : [2018] 7 SCR 1130 – referred to…
Supreme Court of India29 Jul 2019Full text
2019 INSC 823 · [2019] 10 S.C.R. 304
B Constitution of India – Art.226 – High Court’s jurisdiction under –Contracts excluding the jurisdiction of all courts vis-a-vis contract conferring jurisdiction on one amongst multiple courts having proper jurisdiction – Validity of such contracts – Discussed– Indian Contract Act, 1872 – s.28. C Appellant-Society was…
Supreme Court of India29 Jul 2019Full text
2019 INSC 822 · [2019] 9 S.C.R. 1175
of Rs.12,350/- against the bill raised by the travel agent – Money receipt was filed in the proceedings, which was not disbelieved – Also, the tender in question was ultimately cancelled, hence it is not a case of any benefit obtained from the successful bidder out of the tender –Further, imposition of punishment of wi…
Supreme Court of India29 Jul 2019Full text
2019 INSC 821 · [2019] 9 S.C.R. 859
– On 28.03.2012, G.O.Ms No.86 was issued whereby the I & A charges for different categories and building falling under the jurisdiction of the appellant stood increased – Pursuant thereto, a demand notice was issued on 22.08.2012 by the appellant by which demand was revised under two heads, i.e. balance I & A charges F…
Supreme Court of India29 Jul 2019Full text
2019 INSC 820 · [2019] 9 S.C.R. 1155
Allowing the appeal, the Court HELD: 1. The scope and ambit of Rule 101 of Order XXI Fof CPC prior to amendment of CPC was entirely different as compared to Rule 101 as was brought into statute after 1976 amendment. Earlier a person who was a bona fide claimant and who satisfied that he was in possession of the propert…
Supreme Court of India23 Jan 2019Full text
2019 INSC 82 · [2019] 1 S.C.R. 559
RAJASTHAN SMALL INDUSTRIES CORPN. LTD. v. GANESH 561 CONTAINERS MOVERS SYNDICATE the Arbitral Tribunal could have given further opportunity to the A respondent to put forth his case – The proceedings of the Arbitral Tribunal was pending for quite some time from 2009 till 2015 and after the respondent approached the Hig…
Supreme Court of India29 Jul 2019Full text
2019 INSC 819 · [2019] 10 S.C.R. 333
Single Judge of the High Court upheld the order dated 30.03.1994 – The appellants and vendor (respondent No.3) filed separate intra court appeals before the Division Bench of High Court – Division Bench of the High Court dismissed the appellants’ appeal, however, partly allowed the vendor’s appeal with the direction th…
Supreme Court of India26 Jul 2019Full text
2019 INSC 818 · [2019] 9 S.C.R. 843
– Accordingly, compensation enhanced from Rs.3 lakhs to Rs.5 lakhs. G Disposing of the appeals, the Court Held: 1. The High Court has rightly directed to register a criminal case for the offence punishable under Section 302 of the IPC with respect to the death of victim and looking to the gravity H 843 844 SUPREME COUR…
Supreme Court of India25 Jul 2019Full text
2019 INSC 817 · [2019] 9 S.C.R. 1140
apply to all arbitration where the place of arbitration is in India – s.2(1)(e) defines “court” with reference to Part-I of the Act and would govern the place of arbitration – Further, u/s.2(1)(e), if the “subject-matter of the suit” is situated within the arbitral jurisdiction of two or more courts, the parties can ag…
Supreme Court of India25 Jul 2019Full text
2019 INSC 816 · [2019] 9 S.C.R. 735
735 736 SUPREME COURT REPORTS [2019] 9 S.C.R. A authentic or credible – The date of birth in the school first attended by second respondent and the transfer certificate of that school contained the date of birth as 17.12.1995 which matched with the the date of birth which was voluntarily disclosed by the second respond…
Supreme Court of India25 Jul 2019Full text
2019 INSC 815 · [2019] 9 S.C.R. 799
the present case, notice u/s.143(2) under which jurisdiction was assumed by the assessing officer was issued to a non-existent company – Assessment order was issued against the amalgamating company – This is substantive illegality and not procedural violation of the nature adverted to in s.292B – Despite the fact that …
Supreme Court of India25 Jul 2019Full text
2019 INSC 814 · [2019] 10 S.C.R. 73
commissioned on or after 01.04.2016 – First respondent seeking benefit of the unit rate of Rs. 5.92 fixed under the earlier tariff order on the basis that it commissioned its project on 31.03.2016 – Appellant’s case that on the basis of the data provided, power was injected into the grid on or from 01.04.2016, thus, no…
Supreme Court of India25 Jul 2019Full text
2019 INSC 813 · [2019] 9 S.C.R. 828
High Court. Dismissing the appeal, the Court HELD : 1. It is not in dispute that 28 projects were approved by the Committee by notification dated 07.12.2015 but none of them (27) has come forward to question the constitutional C validity of sub-section (7) except the appellant herein. In other words, out of 28 projects…
Supreme Court of India25 Jul 2019Full text
2019 INSC 812 · [2019] 9 S.C.R. 769
– Time and again opportunity of hearing cannot be granted on the pretext of justice – Delaying tactics cannot be rewarded in such a manner – Once the employee has failed to avail of opportunity of E hearing granted, the Bank cannot be directed to give another opportunity – Thus, the directions issued by the Division Be…
Supreme Court of India25 Jul 2019Full text
2019 INSC 811 · [2019] 9 S.C.R. 754
754 SUPREME COURT[2019]REPORTS9 S.C.R. 754 [2019] 9 S.C.R. A RANJIT KUMAR HALDAR v. STATE OF SIKKIM (Criminal Appeal No. 427 of 2014) B JULY 25, 2019 [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Penal Code, 1860: s.302 – Murder – Prosecution case was that the victim-deceased had gone with his family for work with the accus…
Supreme Court of India25 Jul 2019Full text
2019 INSC 810 · [2019] 9 S.C.R. 703
703 704 SUPREME COURT REPORTS [2019] 9 S.C.R. A chose to join the accused No. 1 and aggravated the humiliation of the girl by addressing her as younger brother’s wife or aunt – Accused persons were working with the common intention to harass and humiliate the girl with reference to her broken engagement – Such taunting…
Also on Law on Tips: Bare Acts · Legal news and analysis