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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.
3,661–3,680 · Page 184 of 382
Supreme Court of India19 Aug 2015Full text
2015 INSC 584 · [2015] 12 S.C.R. 771
· Ram Jethmalani, Gopal Jain, Salman Khurshid, Sr.Advs., G Vikas Agarwal, Madhukar, Vinay Arora, Sudarshan Singh Rawat, San jay Jain, Ms. Lata Krishnamurthy, Anirudh Anand, Somnath Gaur, Ajay Awasthi, Chirag Madan, Ms. P. R. Mala, Mohit D. Ram, Ms. Monisha Handa, Sanjay Narayan, Ms. H 771 772 SUPREME COURT REPORTS [201…
Supreme Court of India18 Aug 2015Full text
2015 INSC 583 · [2015] 9 S.C.R. 113
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.
3,661–3,680 · Page 184 of 382
Supreme Court of India19 Aug 2015Full text
2015 INSC 584 · [2015] 12 S.C.R. 771
· Ram Jethmalani, Gopal Jain, Salman Khurshid, Sr.Advs., G Vikas Agarwal, Madhukar, Vinay Arora, Sudarshan Singh Rawat, San jay Jain, Ms. Lata Krishnamurthy, Anirudh Anand, Somnath Gaur, Ajay Awasthi, Chirag Madan, Ms. P. R. Mala, Mohit D. Ram, Ms. Monisha Handa, Sanjay Narayan, Ms. H 771 772 SUPREME COURT REPORTS [201…
Supreme Court of India18 Aug 2015Full text
2015 INSC 583 · [2015] 9 S.C.R. 113
HELD: 1. A Court, while imposing sentence, has a duty to respond to the collective cry of the society. The legislature in its wisdom has conferred discretion on the H 113- 114 SUPREME COURT REPORTS [2015] 9 S.C.R. A Court but the duty of the court in such a situation becomes more difficult and complex. It has to exerci…
Supreme Court of India18 Aug 2015Full text
2015 INSC 582 · [2015] 9 S.C.R. 171
Dev Dutt v. Union of India and Ors. (2008) 8 SCC 725: 2008 (8) SCR 174; Abhijit Ghosh Dastidarv. Union of India and Ors. (2009) 16 SCC 146; Sukhdev Singh v. G Union oflndia (2013) 9 SCC 566: 2013 (5) SCR 1004 - held inapplicable. Casa Law Reference 2008 (8) SCR 174 held inapplicable. Para 8 H 171 172 SUPREME COURT REPO…
Supreme Court of India18 Aug 2015Full text
2015 INSC 581 · [2015] 9 S.C.R. 205
F Evidence: Injured witness - Testimony of, evidentiary value- Held: Evidence of injured witnesses is entitled to great weight and very cogent and convincing grounds are required to discard such evidence. G Dismissing the appeals, the Court HELD: 1. In the incident, PW-3 and PW-5, sister of the deceased sustained injur…
Supreme Court of India18 Aug 2015Full text
2015 INSC 580 · [2015] 9 S.C.R. 381
Allowing the appeal, the Court HELD: 1.1 The High Court while reversing the judgment of acquittal in a short and cryptic judgment, G did not care to go into the various reasoning e_mployed by the trial court. Appreciation of evidence to hold it to be credible was required which was not done by the High 381 H 382 SUPREM…
Supreme Court of India17 Aug 2015Full text
2015 INSC 579 · [2015] 9 S.C.R. 220
C.A. Sundaram, C. Mukund,Ashok K. Jain, Pankaj Jain, Zafar lnayat, Rohini Musa, Abhishek Gupta, Yamini Sharma, H Bijoy Kumar Jain for the Appellant. 222 SUPREME COURT REPORTS [2015] 9 S.C.R. A Sanjeev Sen, Prerna Singh, Shubhra Rai, Rashmi Srivastava, Gopal Singh, Shabyashachi Patra, Sanjeev Kumar (for Khaitan & Co.) f…
Supreme Court of India14 Aug 2015Full text
2015 INSC 576 · [2015] 9 S.C.R. 17
• Allowing the appeal, the Court HELD: 1.1 A writ court should ordinarily not entertain H .. 17 18 SUPREME COURT REPORTS [2015) 9 S.C.R. A a writ petition, if there is a breach of contract involving disputed questions of fact. The instant case clearly indicates that the factual disputes are involved. [Para 13] [27-C-D]…
Supreme Court of India13 Aug 2015Full text
2015 INSC 573 · [2015] 8 S.C.R. 1099
1100 SUPREME COURT REPORTS (2015] 8 S.C.R. A bidder without raising any objection regarding adequacy of the price offered by the appellant clearly indicate that the sale in favour of the appellant was confirmed by the said order - Subsequent event. B Allowing the appeals, the Court HELD: 1.1 It is well-settled principl…
Supreme Court of India13 Aug 2015Full text
2015 INSC 572 · [2015] 9 S.C.R. 56
D L. Nageshwara Rao, Ramesh Babu M.R., Abdul Rashed for the Appellants. Prashant Bhushan, Govindjee, 0. Kuttan, P. K. Dey, T.A. E Khan, B.V. Balaram Das for the Respondents. The Judgment of the Court was delivered by DIPAK MISRA, J. 1. The seminal question that emerges for consideration in this appeal is whether the Hi…
Supreme Court of India13 Aug 2015Full text
2015 INSC 570 · [2015] 9 S.C.R. 165
166 SUPREME COURT REPORTS [2015] 9 S.C.R. A imposed by the Company Judge and the cost of the present proceedings within 45 days of this judgment - Appeals allowed - Companies Act, 1956 - s. 439 -Administration of Justice -Abuse of Judicial Process. B Administration of Justice - Proliferation and prolongation of litigat…
Supreme Court of India20 Jan 2015Full text
2015 INSC 57 · [2015] 2 S.C.R. 37
2. The arbitration clause in the agreement between the parties would require to be specifically noticed and, therefore, is being extracted herein below: H 40 SUPREME COURT REPORTS [2015] 2 S.C.R. A "Modified Sub-Clause 67.3 Arbitration Sub-clause 67.3 is modified to read as follows:B Any dispute, in respect of whi…
Supreme Court of India12 Aug 2015Full text
2015 INSC 569 · [2015] 8 S.C.R. 788
Allowing the appeal, the Court G HELD: From perusal of the Government Resolution dated 16th August, 1994, it is manifestthatthe grant of a higher grade scale to the eligible employees who have H 788 K.K.GOHIL v. STATE OF GUJARAT AND OTHERS 789 completed nine years of service is permissible, provided A that the employee…
Supreme Court of India12 Aug 2015Full text
2015 INSC 568 · [2015] 9 S.C.R. 186
A. T. M. Ranga Ramanujam, Hitesh Kumar Sharma, Prachar Sharma, Sridhar Reddy, Abhijit Sengupta for the Appellant. H 188 SUPREME COURT REPORTS [2015] 9 S.C.R. A Prerna Singh, Guntur Prabhakar for the Respondents. The Judgment of the Court was delivered by VIKRAMAJIT SEN, J. 1 The Appellant before us assail B the concurr…
Supreme Court of India12 Aug 2015Full text
2015 INSC 567 · [2015] 9 S.C.R. 148
- On appeal, held: Administrative or service charges can be E recovered, but there must be a perceptible correlation between the expenses and the collections - In the present case, collection even at 50 paise per bulk litre would cover expenses over and above those incurred by the State- The State has failed to furnish…
Supreme Court of India12 Aug 2015Full text
2015 INSC 566 · [2015] 10 S.C.R. 70
D WITH C. A. Nos. 5021-5022 of 2005 Sanjay Parikh, Challa Guna Ranjan, Y. Rajagopala Rao, Y. Vismai Rao, Hitender Nath Ratnam, Y. Raja Gopala Rao for E the Appellant. Prerna Singh, Guntur Prabhakar for the Respondents. The Judgment of the Court was delivered by F VIKRAMAJIT SEN, J. 1. The Appellants before us assail th…
Supreme Court of India12 Aug 2015Full text
2015 INSC 565 · [2015] 8 S.C.R. 1131
3. The issue as to whether the import of Web Printing Machine was covered by Notification No.114/80-CUS dated 19.06.1980 was pending in the High Court in G respect of which, petition was filed by the appellant itself way back in the year 1988 raising this issue. The appellant even got the interim orde…
Supreme Court of India12 Aug 2015Full text
2015 INSC 564 · [2015] 9 S.C.R. 179
Order 12 Rule 6 - .Judgment on admission - Suit for eviction - Eviction decree by trial court u/Order 12 Rule 6 on the ground that defendant-tenant admitted landlord-tenant D relationship and period of lease agreement - Challenged , by tenant on the ground that the landlord had agreed to sell the suit property to him a…
Supreme Court of India11 Aug 2015Full text
2015 INSC 563 · [2015] 9 S.C.R. 36
Halsbury's ~aw of England 41h Edition volume 44 p. G 399 - referred to. Case Law Reference 1955 SCR 842 followed. Para 16 H 38 SUPREME COURT REPORTS [2015] 9 S.C.R. A CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6054 of2015 From the Judgment and Order dated 03.12.2012 of the High Court of Gujarat atAhmedabad in Stam…
Supreme Court of India11 Aug 2015Full text
2015 INSC 562 · [2015] 9 S.C.R. 970
CIVILAPPELLATE JURISDICTION: Civil Appeal Nos. 6055-6056 of2015. From the Judgment and Order dated 25.09.2012 of the H High Court of Uttarakhand at Nainital in Review/Recall 972 .SUPREME COURT REPOR:rS [2015) 9 S.C.R. A Application No. 660 of 2012 in Company Appeal No. 01·of 2005. Priya Puri, Ranjay Kr. Dubey for the A…
Supreme Court of India11 Aug 2015Full text
2015 INSC 561 · [2015] 8 S.C.R. 906
1.4 A reading of Section 6A of the General Clauses Act would show that a repeal can be by way of an express omission. This being the case, obviously the word E "repeal" in both Section 6 and Section 24 would, therefore, include repeals by express omission. [Para 29] [937-8] 1.5 It Is clear that even an implied repeal o…
Also on Law on Tips: Bare Acts · Legal news and analysis
HELD: 1. A Court, while imposing sentence, has a duty to respond to the collective cry of the society. The legislature in its wisdom has conferred discretion on the H 113- 114 SUPREME COURT REPORTS [2015] 9 S.C.R. A Court but the duty of the court in such a situation becomes more difficult and complex. It has to exerci…
Supreme Court of India18 Aug 2015Full text
2015 INSC 582 · [2015] 9 S.C.R. 171
Dev Dutt v. Union of India and Ors. (2008) 8 SCC 725: 2008 (8) SCR 174; Abhijit Ghosh Dastidarv. Union of India and Ors. (2009) 16 SCC 146; Sukhdev Singh v. G Union oflndia (2013) 9 SCC 566: 2013 (5) SCR 1004 - held inapplicable. Casa Law Reference 2008 (8) SCR 174 held inapplicable. Para 8 H 171 172 SUPREME COURT REPO…
Supreme Court of India18 Aug 2015Full text
2015 INSC 581 · [2015] 9 S.C.R. 205
F Evidence: Injured witness - Testimony of, evidentiary value- Held: Evidence of injured witnesses is entitled to great weight and very cogent and convincing grounds are required to discard such evidence. G Dismissing the appeals, the Court HELD: 1. In the incident, PW-3 and PW-5, sister of the deceased sustained injur…
Supreme Court of India18 Aug 2015Full text
2015 INSC 580 · [2015] 9 S.C.R. 381
Allowing the appeal, the Court HELD: 1.1 The High Court while reversing the judgment of acquittal in a short and cryptic judgment, G did not care to go into the various reasoning e_mployed by the trial court. Appreciation of evidence to hold it to be credible was required which was not done by the High 381 H 382 SUPREM…
Supreme Court of India17 Aug 2015Full text
2015 INSC 579 · [2015] 9 S.C.R. 220
C.A. Sundaram, C. Mukund,Ashok K. Jain, Pankaj Jain, Zafar lnayat, Rohini Musa, Abhishek Gupta, Yamini Sharma, H Bijoy Kumar Jain for the Appellant. 222 SUPREME COURT REPORTS [2015] 9 S.C.R. A Sanjeev Sen, Prerna Singh, Shubhra Rai, Rashmi Srivastava, Gopal Singh, Shabyashachi Patra, Sanjeev Kumar (for Khaitan & Co.) f…
Supreme Court of India14 Aug 2015Full text
2015 INSC 576 · [2015] 9 S.C.R. 17
• Allowing the appeal, the Court HELD: 1.1 A writ court should ordinarily not entertain H .. 17 18 SUPREME COURT REPORTS [2015) 9 S.C.R. A a writ petition, if there is a breach of contract involving disputed questions of fact. The instant case clearly indicates that the factual disputes are involved. [Para 13] [27-C-D]…
Supreme Court of India13 Aug 2015Full text
2015 INSC 573 · [2015] 8 S.C.R. 1099
1100 SUPREME COURT REPORTS (2015] 8 S.C.R. A bidder without raising any objection regarding adequacy of the price offered by the appellant clearly indicate that the sale in favour of the appellant was confirmed by the said order - Subsequent event. B Allowing the appeals, the Court HELD: 1.1 It is well-settled principl…
Supreme Court of India13 Aug 2015Full text
2015 INSC 572 · [2015] 9 S.C.R. 56
D L. Nageshwara Rao, Ramesh Babu M.R., Abdul Rashed for the Appellants. Prashant Bhushan, Govindjee, 0. Kuttan, P. K. Dey, T.A. E Khan, B.V. Balaram Das for the Respondents. The Judgment of the Court was delivered by DIPAK MISRA, J. 1. The seminal question that emerges for consideration in this appeal is whether the Hi…
Supreme Court of India13 Aug 2015Full text
2015 INSC 570 · [2015] 9 S.C.R. 165
166 SUPREME COURT REPORTS [2015] 9 S.C.R. A imposed by the Company Judge and the cost of the present proceedings within 45 days of this judgment - Appeals allowed - Companies Act, 1956 - s. 439 -Administration of Justice -Abuse of Judicial Process. B Administration of Justice - Proliferation and prolongation of litigat…
Supreme Court of India20 Jan 2015Full text
2015 INSC 57 · [2015] 2 S.C.R. 37
2. The arbitration clause in the agreement between the parties would require to be specifically noticed and, therefore, is being extracted herein below: H 40 SUPREME COURT REPORTS [2015] 2 S.C.R. A "Modified Sub-Clause 67.3 Arbitration Sub-clause 67.3 is modified to read as follows:B Any dispute, in respect of whi…
Supreme Court of India12 Aug 2015Full text
2015 INSC 569 · [2015] 8 S.C.R. 788
Allowing the appeal, the Court G HELD: From perusal of the Government Resolution dated 16th August, 1994, it is manifestthatthe grant of a higher grade scale to the eligible employees who have H 788 K.K.GOHIL v. STATE OF GUJARAT AND OTHERS 789 completed nine years of service is permissible, provided A that the employee…
Supreme Court of India12 Aug 2015Full text
2015 INSC 568 · [2015] 9 S.C.R. 186
A. T. M. Ranga Ramanujam, Hitesh Kumar Sharma, Prachar Sharma, Sridhar Reddy, Abhijit Sengupta for the Appellant. H 188 SUPREME COURT REPORTS [2015] 9 S.C.R. A Prerna Singh, Guntur Prabhakar for the Respondents. The Judgment of the Court was delivered by VIKRAMAJIT SEN, J. 1 The Appellant before us assail B the concurr…
Supreme Court of India12 Aug 2015Full text
2015 INSC 567 · [2015] 9 S.C.R. 148
- On appeal, held: Administrative or service charges can be E recovered, but there must be a perceptible correlation between the expenses and the collections - In the present case, collection even at 50 paise per bulk litre would cover expenses over and above those incurred by the State- The State has failed to furnish…
Supreme Court of India12 Aug 2015Full text
2015 INSC 566 · [2015] 10 S.C.R. 70
D WITH C. A. Nos. 5021-5022 of 2005 Sanjay Parikh, Challa Guna Ranjan, Y. Rajagopala Rao, Y. Vismai Rao, Hitender Nath Ratnam, Y. Raja Gopala Rao for E the Appellant. Prerna Singh, Guntur Prabhakar for the Respondents. The Judgment of the Court was delivered by F VIKRAMAJIT SEN, J. 1. The Appellants before us assail th…
Supreme Court of India12 Aug 2015Full text
2015 INSC 565 · [2015] 8 S.C.R. 1131
3. The issue as to whether the import of Web Printing Machine was covered by Notification No.114/80-CUS dated 19.06.1980 was pending in the High Court in G respect of which, petition was filed by the appellant itself way back in the year 1988 raising this issue. The appellant even got the interim orde…
Supreme Court of India12 Aug 2015Full text
2015 INSC 564 · [2015] 9 S.C.R. 179
Order 12 Rule 6 - .Judgment on admission - Suit for eviction - Eviction decree by trial court u/Order 12 Rule 6 on the ground that defendant-tenant admitted landlord-tenant D relationship and period of lease agreement - Challenged , by tenant on the ground that the landlord had agreed to sell the suit property to him a…
Supreme Court of India11 Aug 2015Full text
2015 INSC 563 · [2015] 9 S.C.R. 36
Halsbury's ~aw of England 41h Edition volume 44 p. G 399 - referred to. Case Law Reference 1955 SCR 842 followed. Para 16 H 38 SUPREME COURT REPORTS [2015] 9 S.C.R. A CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6054 of2015 From the Judgment and Order dated 03.12.2012 of the High Court of Gujarat atAhmedabad in Stam…
Supreme Court of India11 Aug 2015Full text
2015 INSC 562 · [2015] 9 S.C.R. 970
CIVILAPPELLATE JURISDICTION: Civil Appeal Nos. 6055-6056 of2015. From the Judgment and Order dated 25.09.2012 of the H High Court of Uttarakhand at Nainital in Review/Recall 972 .SUPREME COURT REPOR:rS [2015) 9 S.C.R. A Application No. 660 of 2012 in Company Appeal No. 01·of 2005. Priya Puri, Ranjay Kr. Dubey for the A…
Supreme Court of India11 Aug 2015Full text
2015 INSC 561 · [2015] 8 S.C.R. 906
1.4 A reading of Section 6A of the General Clauses Act would show that a repeal can be by way of an express omission. This being the case, obviously the word E "repeal" in both Section 6 and Section 24 would, therefore, include repeals by express omission. [Para 29] [937-8] 1.5 It Is clear that even an implied repeal o…
Also on Law on Tips: Bare Acts · Legal news and analysis