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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.
3,741–3,760 · Page 188 of 382
Supreme Court of India7 Jul 2015Full text
2015 INSC 486 · [2015] 8 S.C.R. 366
(2015] 8 S.C.R. 366 A M/S. BHS INDUSTRIES v. EXPORT CREDIT GUARANTEE CORP. &ANR. (Civil Appeal No.2729 of 2009)B JULY?, 2015 ·[DIPAK MISRA AND V. GOPALA GOWDA, JJ.] c Contract - Contract of insurance - Between exporting proprietary concern and Export Credit Guarantee Corporation - Shipment Comprehensive Risk Policy iss…
Supreme Court of India6 Jul 2015Full text
2015 INSC 485 · [2015] 6 S.C.R. 504
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.
3,741–3,760 · Page 188 of 382
Supreme Court of India7 Jul 2015Full text
2015 INSC 486 · [2015] 8 S.C.R. 366
(2015] 8 S.C.R. 366 A M/S. BHS INDUSTRIES v. EXPORT CREDIT GUARANTEE CORP. &ANR. (Civil Appeal No.2729 of 2009)B JULY?, 2015 ·[DIPAK MISRA AND V. GOPALA GOWDA, JJ.] c Contract - Contract of insurance - Between exporting proprietary concern and Export Credit Guarantee Corporation - Shipment Comprehensive Risk Policy iss…
Supreme Court of India6 Jul 2015Full text
2015 INSC 485 · [2015] 6 S.C.R. 504
Necessary party: Court or tribunal whose order is sought to be quashed, if not arrayed as party in writ petition - Held: Writ petition can be held not maintainable if a tribunal or F authority that is required to defend the impugned order has not been arrayed as a party, as it is a necessary party -Constitution of Indi…
Supreme Court of India6 Jul 2015Full text
2015 INSC 484 · [2015] 8 S.C.R. 723
- Compromise - Compounding of offence - Penal Code, 1860-ss. 307, 294 and 34. F Gian Singh v. State of Punjab and another2012 (8) SCR 753: (2012) 10 SCC 303; State ofM.P. v. Deepak and Others (2014) 10 sec 285- relied on. Case Law Reference G 2012 (8) SCR 753 relied on. Para 5 (2014) 10 sec 285 relied on. Para 5 723 H …
Supreme Court of India6 Jul 2015Full text
2015 INSC 483 · [2015] 11 S.C.R. 90
SEBI v. PANASIAADVISORS LTD. 91 jurisdiction by SEBI against the respondents was well founded A - Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2000 - Regns 2(1)(c), 5 - Issue of Foreign Currency Convertible Bonds and Ordinary Shares (Through Depository Rece…
Supreme Court of India6 Jul 2015Full text
2015 INSC 482 · [2015] 8 S.C.R. 422
F Allowing the appeal, the Court HELD: 1.1 The predominant legal thought in different civil and common law jurisdictions spanning the globe as well as in different statutes within India is to bestow G guardianship and related rights to the mother of a child born outside of wedlock. Avowedly, the mother is best suited t…
Supreme Court of India6 Jul 2015Full text
2015 INSC 481 · [2015] 6 S.C.R. 1021
1022 SUPREME COURT REPORTS [2015] 6 S.C.R. A regard to the nature of allegations and entirety of circumstances, it will be unfair and unjust to permit · respondent No.2 to proceed with a complaint filed 16 years after the incident against the appellants - Limitation - Delay/ /aches. B Allowing the appeal, the Court HEL…
Supreme Court of India6 Jul 2015Full text
2015 INSC 480 · [2015] 6 S.C.R. 1033
- Since respondent was the drawer of the cheque, he was liable in his personal capacity when the company was not made a party to the complaint. Allowing the appeal, the Court G HELD: The essentials for attracting a liability under Section 138 of NI Act are that the person who is to be made liable should be the drawer o…
Supreme Court of India16 Jan 2015Full text
2015 INSC 48 · [2015] 1 S.C.R. 130
- D request for sanction for prosecution - On appeal, held: The court in exercise of revisional jurisdiction not to interfere, unless the decision which is sought to be revised is perverse, untenable in law, grossly erroneous, glaringly unreasonable, based on no material, or in disregard of material facts or where E ju…
Supreme Court of India3 Jul 2015Full text
2015 INSC 478 · [2015] 11 S.C.R. 179
or the acquisition of land and to mark and measure it. Section 11 postulates the holding of an enquiry by the G Collector into Objections on sundry grounds. Section 11A has been introduced by Act68of1984 prescrib!ng a limitation of two years for the making of an Award by the Collector. It is only post this event that S…
Supreme Court of India3 Jul 2015Full text
2015 INSC 477 · [2015] 6 S.C.R. 960
STATE OF MADHYA PRADESH v. ANOOP SINGH 961 aside and the judgment and order by the trial court is upheld A - Juvenile Justice (Care and Protection of Children) Rules, 2007 - r. 12(3). Mahadeo Slo Kerba Maske vs. State of Maharashtra and Anr. (2013) 14 SCC 637; Lakhan Lal vs. State of B M.P. 2004 Cri.L.J. 3962 - referre…
Supreme Court of India3 Jul 2015Full text
2015 INSC 476 · [2015] 6 S.C.R. 496
2. The medical evidence also seems to be not wholly supportive to the case of the prosecution. The evidence of the doctor shows that, probably, the sexual H 496 STATE OF MADHYA PRADESH v. KESHAR SINGH 497 intercourse was done more than 24 hours back. In her A cross-examination she said that rupture of hymen was at the …
Supreme Court of India3 Jul 2015Full text
2015 INSC 475 · [2015] 6 S.C.R. 949
[2015) 6 S.C.R. 949 BASISTH NARAYAN YADAV A v. KAILASH RAI AND ORS. (Criminal Appeal Nos. 67-70 of 2009) B JULY 03, 2015 [PINAKI CHANDRA GHOSE AND UDAY UMESH LALIT, JJ.] Penal code, 1860- s. 3048 - Death of married woman c - In her matrimonial house - Within 7 years of marriage -Prosecution of 10 accused - Case of one …
Supreme Court of India2 Jul 2015Full text
2015 INSC 474 · [2015] 6 S.C.R. 970
SURENDRA KUMAR v. GREATER NOIDA INDUSTRIAL 971 DEVELOPMENT AUTHORITY and unambiguous - Appellants have completed more than A ten years of continuous service with respondent - They continued in service not by the orders of the court/tribunal, but by the policy decision - Thus, the judgment of the High Court quashing the…
Supreme Court of India2 Jul 2015Full text
2015 INSC 473 · [2015] 9 S.C.R. 1105
1106. SUPREME COURT REPORTS [2015) 9 S.C.R. A infirmities can be allowed even in respect of complaints - If the amendment sought to be made relates to a simple infirmity which is curable by means of a formal amendment and by allowing such amendment, no prejudice could be caused to the other side, the Court may permit s…
Supreme Court of India2 Jul 2015Full text
2015 INSC 472 · [2015] 9 S.C.R. 1141
P. N. Kush, Rameshwar Prasad Goyal for the Appellant. Arun Kumar, Rajiv Kr. Singh, Kamal Mohan Gupta for the Respondent. E The Judgment of the Court was delivered by AMITAVA ROY, J. 1. Having failed to secure redress against their conviction under section 302 of the Indian Penal F Code (for short hereinafter referred t…
Supreme Court of India2 Jul 2015Full text
2015 INSC 471 · [2015] 10 S.C.R. 626
628 SUPREME COURT REPORTS [2015] 10 S.C.R. A that on a date to be notified by the Government in the official gazette, all right, title and interest of the landowners and intermediaries in respect of holdings held by cultivating tenants (including holders of Kudiyiruppus and holders of Karaimas) entitled to fixity B ·of…
Supreme Court of India2 Jul 2015Full text
2015 INSC 470 · [2015] 6 S.C.R. 474
E Jurisdiction - Conferment of- Held: The parties, by consent, cannot agree to vest jurisdiction in the court to try the dispute, when the court does not have the jurisdiction. Practice and Procedure - Objection as to want of F jurisdiction - Held: Such objection can be raised at any stage. Interpretation of Statutes -…
Supreme Court of India2 Jul 2015Full text
2015 INSC 469 · [2015] 10 S.C.R. 266
Dismissing the appeals, the Court F HELD: 1. Undisputedly, the Respondent No. 1 had been adopted by the testator in the year 1962 and had become a part of the family thereby. As the Will dated 15.11.1978, Exh. 2 would reveal, it was preceded by two G Wills dated 01.11.1962 and 23.12.1974 which witnessed different patte…
Supreme Court of India2 Jul 2015Full text
2015 INSC 468 · [2015] 6 S.C.R. 488
J. S. Attri, Manita Verma, S. N. Terdal, D. S. Mahra for the appellant. Prashant Kumar, Triveni Potekar, Rajan Singh,Amarjit Singh Bedi for the respondent. G The Judgment of the Court was delivered by ANIL R. DAVE, J. - 1. Being aggrieved by the judgment delivered in Appeal (Lodging) No.124 of 2006 in H 490 SUPREME COU…
Supreme Court of India2 Jul 2015Full text
2015 INSC 467 · [2015] 6 S.C.R. 924
H Allowing the appeals, the Court 924 M/S ESSAR OIL LTD. v. HINDUSTAN SHIPYARD LTD. 925 HELD: 1.1 ONGC Would not be liable to make A payment to the appellant but the payment would be made by the respondent, who had given a sub-contract to the appellant. Majority view of the Arbitral Tribunal is confirmed and the view o…
Also on Law on Tips: Bare Acts · Legal news and analysis
Necessary party: Court or tribunal whose order is sought to be quashed, if not arrayed as party in writ petition - Held: Writ petition can be held not maintainable if a tribunal or F authority that is required to defend the impugned order has not been arrayed as a party, as it is a necessary party -Constitution of Indi…
Supreme Court of India6 Jul 2015Full text
2015 INSC 484 · [2015] 8 S.C.R. 723
- Compromise - Compounding of offence - Penal Code, 1860-ss. 307, 294 and 34. F Gian Singh v. State of Punjab and another2012 (8) SCR 753: (2012) 10 SCC 303; State ofM.P. v. Deepak and Others (2014) 10 sec 285- relied on. Case Law Reference G 2012 (8) SCR 753 relied on. Para 5 (2014) 10 sec 285 relied on. Para 5 723 H …
Supreme Court of India6 Jul 2015Full text
2015 INSC 483 · [2015] 11 S.C.R. 90
SEBI v. PANASIAADVISORS LTD. 91 jurisdiction by SEBI against the respondents was well founded A - Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2000 - Regns 2(1)(c), 5 - Issue of Foreign Currency Convertible Bonds and Ordinary Shares (Through Depository Rece…
Supreme Court of India6 Jul 2015Full text
2015 INSC 482 · [2015] 8 S.C.R. 422
F Allowing the appeal, the Court HELD: 1.1 The predominant legal thought in different civil and common law jurisdictions spanning the globe as well as in different statutes within India is to bestow G guardianship and related rights to the mother of a child born outside of wedlock. Avowedly, the mother is best suited t…
Supreme Court of India6 Jul 2015Full text
2015 INSC 481 · [2015] 6 S.C.R. 1021
1022 SUPREME COURT REPORTS [2015] 6 S.C.R. A regard to the nature of allegations and entirety of circumstances, it will be unfair and unjust to permit · respondent No.2 to proceed with a complaint filed 16 years after the incident against the appellants - Limitation - Delay/ /aches. B Allowing the appeal, the Court HEL…
Supreme Court of India6 Jul 2015Full text
2015 INSC 480 · [2015] 6 S.C.R. 1033
- Since respondent was the drawer of the cheque, he was liable in his personal capacity when the company was not made a party to the complaint. Allowing the appeal, the Court G HELD: The essentials for attracting a liability under Section 138 of NI Act are that the person who is to be made liable should be the drawer o…
Supreme Court of India16 Jan 2015Full text
2015 INSC 48 · [2015] 1 S.C.R. 130
- D request for sanction for prosecution - On appeal, held: The court in exercise of revisional jurisdiction not to interfere, unless the decision which is sought to be revised is perverse, untenable in law, grossly erroneous, glaringly unreasonable, based on no material, or in disregard of material facts or where E ju…
Supreme Court of India3 Jul 2015Full text
2015 INSC 478 · [2015] 11 S.C.R. 179
or the acquisition of land and to mark and measure it. Section 11 postulates the holding of an enquiry by the G Collector into Objections on sundry grounds. Section 11A has been introduced by Act68of1984 prescrib!ng a limitation of two years for the making of an Award by the Collector. It is only post this event that S…
Supreme Court of India3 Jul 2015Full text
2015 INSC 477 · [2015] 6 S.C.R. 960
STATE OF MADHYA PRADESH v. ANOOP SINGH 961 aside and the judgment and order by the trial court is upheld A - Juvenile Justice (Care and Protection of Children) Rules, 2007 - r. 12(3). Mahadeo Slo Kerba Maske vs. State of Maharashtra and Anr. (2013) 14 SCC 637; Lakhan Lal vs. State of B M.P. 2004 Cri.L.J. 3962 - referre…
Supreme Court of India3 Jul 2015Full text
2015 INSC 476 · [2015] 6 S.C.R. 496
2. The medical evidence also seems to be not wholly supportive to the case of the prosecution. The evidence of the doctor shows that, probably, the sexual H 496 STATE OF MADHYA PRADESH v. KESHAR SINGH 497 intercourse was done more than 24 hours back. In her A cross-examination she said that rupture of hymen was at the …
Supreme Court of India3 Jul 2015Full text
2015 INSC 475 · [2015] 6 S.C.R. 949
[2015) 6 S.C.R. 949 BASISTH NARAYAN YADAV A v. KAILASH RAI AND ORS. (Criminal Appeal Nos. 67-70 of 2009) B JULY 03, 2015 [PINAKI CHANDRA GHOSE AND UDAY UMESH LALIT, JJ.] Penal code, 1860- s. 3048 - Death of married woman c - In her matrimonial house - Within 7 years of marriage -Prosecution of 10 accused - Case of one …
Supreme Court of India2 Jul 2015Full text
2015 INSC 474 · [2015] 6 S.C.R. 970
SURENDRA KUMAR v. GREATER NOIDA INDUSTRIAL 971 DEVELOPMENT AUTHORITY and unambiguous - Appellants have completed more than A ten years of continuous service with respondent - They continued in service not by the orders of the court/tribunal, but by the policy decision - Thus, the judgment of the High Court quashing the…
Supreme Court of India2 Jul 2015Full text
2015 INSC 473 · [2015] 9 S.C.R. 1105
1106. SUPREME COURT REPORTS [2015) 9 S.C.R. A infirmities can be allowed even in respect of complaints - If the amendment sought to be made relates to a simple infirmity which is curable by means of a formal amendment and by allowing such amendment, no prejudice could be caused to the other side, the Court may permit s…
Supreme Court of India2 Jul 2015Full text
2015 INSC 472 · [2015] 9 S.C.R. 1141
P. N. Kush, Rameshwar Prasad Goyal for the Appellant. Arun Kumar, Rajiv Kr. Singh, Kamal Mohan Gupta for the Respondent. E The Judgment of the Court was delivered by AMITAVA ROY, J. 1. Having failed to secure redress against their conviction under section 302 of the Indian Penal F Code (for short hereinafter referred t…
Supreme Court of India2 Jul 2015Full text
2015 INSC 471 · [2015] 10 S.C.R. 626
628 SUPREME COURT REPORTS [2015] 10 S.C.R. A that on a date to be notified by the Government in the official gazette, all right, title and interest of the landowners and intermediaries in respect of holdings held by cultivating tenants (including holders of Kudiyiruppus and holders of Karaimas) entitled to fixity B ·of…
Supreme Court of India2 Jul 2015Full text
2015 INSC 470 · [2015] 6 S.C.R. 474
E Jurisdiction - Conferment of- Held: The parties, by consent, cannot agree to vest jurisdiction in the court to try the dispute, when the court does not have the jurisdiction. Practice and Procedure - Objection as to want of F jurisdiction - Held: Such objection can be raised at any stage. Interpretation of Statutes -…
Supreme Court of India2 Jul 2015Full text
2015 INSC 469 · [2015] 10 S.C.R. 266
Dismissing the appeals, the Court F HELD: 1. Undisputedly, the Respondent No. 1 had been adopted by the testator in the year 1962 and had become a part of the family thereby. As the Will dated 15.11.1978, Exh. 2 would reveal, it was preceded by two G Wills dated 01.11.1962 and 23.12.1974 which witnessed different patte…
Supreme Court of India2 Jul 2015Full text
2015 INSC 468 · [2015] 6 S.C.R. 488
J. S. Attri, Manita Verma, S. N. Terdal, D. S. Mahra for the appellant. Prashant Kumar, Triveni Potekar, Rajan Singh,Amarjit Singh Bedi for the respondent. G The Judgment of the Court was delivered by ANIL R. DAVE, J. - 1. Being aggrieved by the judgment delivered in Appeal (Lodging) No.124 of 2006 in H 490 SUPREME COU…
Supreme Court of India2 Jul 2015Full text
2015 INSC 467 · [2015] 6 S.C.R. 924
H Allowing the appeals, the Court 924 M/S ESSAR OIL LTD. v. HINDUSTAN SHIPYARD LTD. 925 HELD: 1.1 ONGC Would not be liable to make A payment to the appellant but the payment would be made by the respondent, who had given a sub-contract to the appellant. Majority view of the Arbitral Tribunal is confirmed and the view o…
Also on Law on Tips: Bare Acts · Legal news and analysis