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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.
361–380 · Page 19 of 382
Supreme Court of India19 Jul 2019Full text
2019 INSC 784 · [2019] 9 S.C.R. 1066
Shuvodeep Roy, Kabir Shankar Bose, Ms. Varsha Poddar, Vikram Aditya Nath, Chandan Kumar, Rituraj Biswas, Ms. Sujaya Bardhan, Rituraj Chaudhary, Satyendra Kumar Srivastav, Advs. for the Respondents. C The Order of the Court was passed by DR DHANANJAYA Y CHANDRACHUD, J. 1. Leave granted. 2. In an earlier public interest …
Supreme Court of India19 Jul 2019Full text
2019 INSC 783 · [2019] 9 S.C.R. 653
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.
361–380 · Page 19 of 382
Supreme Court of India19 Jul 2019Full text
2019 INSC 784 · [2019] 9 S.C.R. 1066
Shuvodeep Roy, Kabir Shankar Bose, Ms. Varsha Poddar, Vikram Aditya Nath, Chandan Kumar, Rituraj Biswas, Ms. Sujaya Bardhan, Rituraj Chaudhary, Satyendra Kumar Srivastav, Advs. for the Respondents. C The Order of the Court was passed by DR DHANANJAYA Y CHANDRACHUD, J. 1. Leave granted. 2. In an earlier public interest …
Supreme Court of India19 Jul 2019Full text
2019 INSC 783 · [2019] 9 S.C.R. 653
Sanjay Kharde, Samrat Shinde, Sunil Kumar Verma, Advs. for the Appellant. F Paramjit Singh Patwalia, Sr. Adv., Ravindra Keshavrao Adsure, Sagar N. Pahune Patil, Advs. for the Respondents. The Judgment of the Court was delivered by ASHOK BHUSHAN, J. G For the reasons given by us in our judgment of the date in Civil Appe…
Supreme Court of India19 Jul 2019Full text
2019 INSC 782 · [2019] 9 S.C.R. 1060
– Upheld by the Division Bench – On appeal, held: First respondent E took no steps to pursue his legal remedies when he was aggrieved by the decision of the State of Jharkhand not to relieve him from service so as to enable him to join the State of Bihar – He did not espouse his rights and remedies under the law by see…
Supreme Court of India19 Jul 2019Full text
2019 INSC 781 · [2019] 9 S.C.R. 628
Service Jurisprudence: Writ petition relating to condition of Cservice of Assistant Inspector of Motor Vehicles – High Court entertained the writ petition as PIL – Correctness of – Held: With regard to service jurisprudence, PIL are not entertained – Writ petition filed by respondent No.1 was not styled or framed as PI…
Supreme Court of India19 Jul 2019Full text
2019 INSC 780 · [2019] 9 S.C.R. 606
606 M/S TREATY CONSTRUCTION v. M/S RUBY TOWER CO-OP. 607 HSG. SOCIETY LTD. by the appellants to the respondent requires no interference – A Insofar other directions are concerned, there was no record to hold the appellants liable for compensation – In other words, there was no material on record to find if respondent-s…
Supreme Court of India18 Jul 2019Full text
2019 INSC 777 · [2019] 8 S.C.R. 1153
17.05.2019 against the respondents u/s.3 of COFEPOSA – Detention orders were served on respondents-detenues on 18.05.2019 however, compilation of documents was served on detenues on 21.05.2019 and 22.05.2019 – High Court quashed the detention orders on the ground that the relied upon documents were not served upon the …
Supreme Court of India18 Jul 2019Full text
2019 INSC 775 · [2019] 8 S.C.R. 1180
to approach the State Government for suitable relief. Allowing the appeal, the Court HELD: 1.1 With the enforcement of the Bihar Municipal Body Elementary Teachers (Employment and Service Conditions) Rules, 2006, Rule 10 governs the appointment of Nagar H 1180 STATE OF BIHAR AND ORS. v. DILIP KUMAR AND ANR 1181 Shiksha…
Supreme Court of India17 Jul 2019Full text
2019 INSC 773 · [2019] 9 S.C.R. 1052
dated 14.2.2018 decreed in favour of the plaintiff – Respondent No.1/defendant No. 5 filed review petition and stated that in the appeal before the High Court he never appeared and he was represented by a counsel who was not appointed by him – High Court allowed the review petition and recalled its judgment – On D appe…
Supreme Court of India17 Jul 2019Full text
2019 INSC 772 · [2019] 8 S.C.R. 1107
E Dismissing the appeals, the Court HELD : 1. The High Court rightly appreciated the evidence and especially the 3 sale deeds filed by the State and 3 sale deeds filed by the landowners for determining the market value of the acquired land. [Para 21] [1111-F] F 2. It is not correct to say that since the land in questio…
Supreme Court of India17 Jul 2019Full text
2019 INSC 771 · [2019] 8 S.C.R. 1142
1142 SUPREME COURT[2019]REPORTS8 S.C.R. 1142 [2019] 8 S.C.R. A RB DEALERS PRIVATE LIMITED v. THE METRO RAILWAY, KOLKATA (Special Leave Petition (Civil) No. 14078 of 2019) B JULY 17, 2019 [ARUN MISHRA AND M. R. SHAH, JJ.] Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitization and Resettlement …
Supreme Court of India17 Jul 2019Full text
2019 INSC 770 · [2019] 9 S.C.R. 593
performance of the contract against the original defendant no.1 to which the appellant is not a party and that too against the wish of the plaintiffs – No reason to interfere with the judgment of the High Court. Dismissing the appeals, the Court G HELD: Whether the plaintiffs can be compelled to implead a person in the…
Supreme Court of India22 Jan 2019Full text
2019 INSC 77 · [2019] 2 S.C.R. 477
478 SUPREME COURT REPORTS [2019] 2 S.C.R. A However, the appellant is granted liberty to apply under the proviso to s.434 of the 2013 Act (added in 2018), to transfer the winding up proceeding pending before the High Court to the NCLT, which can then be treated as proceeding u/s.9 of the Code – Companies Act, 1956 – s.…
Supreme Court of India16 Jul 2019Full text
2019 INSC 769 · [2019] 9 S.C.R. 851
Case Law Reference (2013) 7 SCC 316 referred to Para 4 [2008] 15 SCR 879 referred to Para 4 E CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1280 of 2019. From the Judgment and Order dated 28.03.2011 of the Armed Forces Tribunal, Principal Bench, New Delhi in O.A. No. 452 of 2010 F and order dated 16.03.2016 in M.A. N…
Supreme Court of India16 Jul 2019Full text
2019 INSC 768 · [2019] 10 S.C.R. 295
From the Judgment and Order dated 16.04.2018 of the High Court of Gujarat at Ahmedabad in Special Civil Application No. 5509 of 2017 Shekhar Naphade, Sr. Adv., Kunal Cheema, Ms. Aditi Parkhi, Abhikalp P. Singh, Ms. Laxmi S. Iyer, Advs. for the Appellant. E Tushar Mehta, SG, Anupam Lal Das, Sr. Adv., Rajendra Singhvi, K…
Supreme Court of India16 Jul 2019Full text
2019 INSC 767 · [2019] 9 S.C.R. 993
1.2 The High Court having dismissed the appeals filed by F the State/NTPC was, therefore, required to examine as to whether any case was made out by the landowners (appellants herein) in their cross objection for enhancement of compensation. The High Court, in para 24, dismissed the cross objection without assigning an…
Supreme Court of India16 Jul 2019Full text
2019 INSC 765 · [2019] 10 S.C.R. 894
been declared – These riders are not proper in view of clear language used in clause 5(ii) of the NCTE guidelines – Division Bench of High Court read into and/or added something more than what is provided in clause 5(ii) of the NCTE guidelines – The language H 894 OMKAR SINGH v. STATE OF U.P. & ORS. 895 used in clause …
Supreme Court of India16 Jul 2019Full text
2019 INSC 764 · [2019] 9 S.C.R. 1016
holding that copy of Inquiry Report was not supplied to the delinquent before passing order of punishment and hence violative of principles of natural justice – Appeal to Supreme Court – Held: The judgment relied on by the Division Bench, whereby non-furnishing of inquiry report was held to be violative of rules of E n…
Supreme Court of India16 Jul 2019Full text
2019 INSC 762 · [2019] 9 S.C.R. 1071
– On appeal, held: High Court cannot be said to have exceeded its D jurisdiction – It was exercised within the ambit of s. 41 – When the matter was pending in the High Court, translation and transliteration was got done of the document-gift deed – Person who had translated the document was summoned in the Court and had…
Supreme Court of India16 Jul 2019Full text
2019 INSC 761 · [2019] 9 S.C.R. 969
provided thereunder – Further, agreement dated 29.08.1969 (Exh.14/1) disclose that plaintiff did not repay Rs.5000/-and instead received a further sum of Rs.2,224/-, thus in all taking the financial assistance treated as sale consideration to Rs.7,224/- – If the reconveyance as agreed under agreement dated 10.12.1968 H…
Supreme Court of India16 Jul 2019Full text
2019 INSC 760 · [2019] 10 S.C.R. 531
– However, schedule shows 16 feet wide strip 103 feet long which ends with the outer boundary of the plot sold to defendant No. 2 – Relationship of defendant nos.1 and 2 will not negate the grant of easement right of passage granted to her in the sale deed only because the recital is generic in nature and usually put b…
Also on Law on Tips: Bare Acts · Legal news and analysis
Sanjay Kharde, Samrat Shinde, Sunil Kumar Verma, Advs. for the Appellant. F Paramjit Singh Patwalia, Sr. Adv., Ravindra Keshavrao Adsure, Sagar N. Pahune Patil, Advs. for the Respondents. The Judgment of the Court was delivered by ASHOK BHUSHAN, J. G For the reasons given by us in our judgment of the date in Civil Appe…
Supreme Court of India19 Jul 2019Full text
2019 INSC 782 · [2019] 9 S.C.R. 1060
– Upheld by the Division Bench – On appeal, held: First respondent E took no steps to pursue his legal remedies when he was aggrieved by the decision of the State of Jharkhand not to relieve him from service so as to enable him to join the State of Bihar – He did not espouse his rights and remedies under the law by see…
Supreme Court of India19 Jul 2019Full text
2019 INSC 781 · [2019] 9 S.C.R. 628
Service Jurisprudence: Writ petition relating to condition of Cservice of Assistant Inspector of Motor Vehicles – High Court entertained the writ petition as PIL – Correctness of – Held: With regard to service jurisprudence, PIL are not entertained – Writ petition filed by respondent No.1 was not styled or framed as PI…
Supreme Court of India19 Jul 2019Full text
2019 INSC 780 · [2019] 9 S.C.R. 606
606 M/S TREATY CONSTRUCTION v. M/S RUBY TOWER CO-OP. 607 HSG. SOCIETY LTD. by the appellants to the respondent requires no interference – A Insofar other directions are concerned, there was no record to hold the appellants liable for compensation – In other words, there was no material on record to find if respondent-s…
Supreme Court of India18 Jul 2019Full text
2019 INSC 777 · [2019] 8 S.C.R. 1153
17.05.2019 against the respondents u/s.3 of COFEPOSA – Detention orders were served on respondents-detenues on 18.05.2019 however, compilation of documents was served on detenues on 21.05.2019 and 22.05.2019 – High Court quashed the detention orders on the ground that the relied upon documents were not served upon the …
Supreme Court of India18 Jul 2019Full text
2019 INSC 775 · [2019] 8 S.C.R. 1180
to approach the State Government for suitable relief. Allowing the appeal, the Court HELD: 1.1 With the enforcement of the Bihar Municipal Body Elementary Teachers (Employment and Service Conditions) Rules, 2006, Rule 10 governs the appointment of Nagar H 1180 STATE OF BIHAR AND ORS. v. DILIP KUMAR AND ANR 1181 Shiksha…
Supreme Court of India17 Jul 2019Full text
2019 INSC 773 · [2019] 9 S.C.R. 1052
dated 14.2.2018 decreed in favour of the plaintiff – Respondent No.1/defendant No. 5 filed review petition and stated that in the appeal before the High Court he never appeared and he was represented by a counsel who was not appointed by him – High Court allowed the review petition and recalled its judgment – On D appe…
Supreme Court of India17 Jul 2019Full text
2019 INSC 772 · [2019] 8 S.C.R. 1107
E Dismissing the appeals, the Court HELD : 1. The High Court rightly appreciated the evidence and especially the 3 sale deeds filed by the State and 3 sale deeds filed by the landowners for determining the market value of the acquired land. [Para 21] [1111-F] F 2. It is not correct to say that since the land in questio…
Supreme Court of India17 Jul 2019Full text
2019 INSC 771 · [2019] 8 S.C.R. 1142
1142 SUPREME COURT[2019]REPORTS8 S.C.R. 1142 [2019] 8 S.C.R. A RB DEALERS PRIVATE LIMITED v. THE METRO RAILWAY, KOLKATA (Special Leave Petition (Civil) No. 14078 of 2019) B JULY 17, 2019 [ARUN MISHRA AND M. R. SHAH, JJ.] Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitization and Resettlement …
Supreme Court of India17 Jul 2019Full text
2019 INSC 770 · [2019] 9 S.C.R. 593
performance of the contract against the original defendant no.1 to which the appellant is not a party and that too against the wish of the plaintiffs – No reason to interfere with the judgment of the High Court. Dismissing the appeals, the Court G HELD: Whether the plaintiffs can be compelled to implead a person in the…
Supreme Court of India22 Jan 2019Full text
2019 INSC 77 · [2019] 2 S.C.R. 477
478 SUPREME COURT REPORTS [2019] 2 S.C.R. A However, the appellant is granted liberty to apply under the proviso to s.434 of the 2013 Act (added in 2018), to transfer the winding up proceeding pending before the High Court to the NCLT, which can then be treated as proceeding u/s.9 of the Code – Companies Act, 1956 – s.…
Supreme Court of India16 Jul 2019Full text
2019 INSC 769 · [2019] 9 S.C.R. 851
Case Law Reference (2013) 7 SCC 316 referred to Para 4 [2008] 15 SCR 879 referred to Para 4 E CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1280 of 2019. From the Judgment and Order dated 28.03.2011 of the Armed Forces Tribunal, Principal Bench, New Delhi in O.A. No. 452 of 2010 F and order dated 16.03.2016 in M.A. N…
Supreme Court of India16 Jul 2019Full text
2019 INSC 768 · [2019] 10 S.C.R. 295
From the Judgment and Order dated 16.04.2018 of the High Court of Gujarat at Ahmedabad in Special Civil Application No. 5509 of 2017 Shekhar Naphade, Sr. Adv., Kunal Cheema, Ms. Aditi Parkhi, Abhikalp P. Singh, Ms. Laxmi S. Iyer, Advs. for the Appellant. E Tushar Mehta, SG, Anupam Lal Das, Sr. Adv., Rajendra Singhvi, K…
Supreme Court of India16 Jul 2019Full text
2019 INSC 767 · [2019] 9 S.C.R. 993
1.2 The High Court having dismissed the appeals filed by F the State/NTPC was, therefore, required to examine as to whether any case was made out by the landowners (appellants herein) in their cross objection for enhancement of compensation. The High Court, in para 24, dismissed the cross objection without assigning an…
Supreme Court of India16 Jul 2019Full text
2019 INSC 765 · [2019] 10 S.C.R. 894
been declared – These riders are not proper in view of clear language used in clause 5(ii) of the NCTE guidelines – Division Bench of High Court read into and/or added something more than what is provided in clause 5(ii) of the NCTE guidelines – The language H 894 OMKAR SINGH v. STATE OF U.P. & ORS. 895 used in clause …
Supreme Court of India16 Jul 2019Full text
2019 INSC 764 · [2019] 9 S.C.R. 1016
holding that copy of Inquiry Report was not supplied to the delinquent before passing order of punishment and hence violative of principles of natural justice – Appeal to Supreme Court – Held: The judgment relied on by the Division Bench, whereby non-furnishing of inquiry report was held to be violative of rules of E n…
Supreme Court of India16 Jul 2019Full text
2019 INSC 762 · [2019] 9 S.C.R. 1071
– On appeal, held: High Court cannot be said to have exceeded its D jurisdiction – It was exercised within the ambit of s. 41 – When the matter was pending in the High Court, translation and transliteration was got done of the document-gift deed – Person who had translated the document was summoned in the Court and had…
Supreme Court of India16 Jul 2019Full text
2019 INSC 761 · [2019] 9 S.C.R. 969
provided thereunder – Further, agreement dated 29.08.1969 (Exh.14/1) disclose that plaintiff did not repay Rs.5000/-and instead received a further sum of Rs.2,224/-, thus in all taking the financial assistance treated as sale consideration to Rs.7,224/- – If the reconveyance as agreed under agreement dated 10.12.1968 H…
Supreme Court of India16 Jul 2019Full text
2019 INSC 760 · [2019] 10 S.C.R. 531
– However, schedule shows 16 feet wide strip 103 feet long which ends with the outer boundary of the plot sold to defendant No. 2 – Relationship of defendant nos.1 and 2 will not negate the grant of easement right of passage granted to her in the sale deed only because the recital is generic in nature and usually put b…
Also on Law on Tips: Bare Acts · Legal news and analysis