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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.
3,821–3,840 · Page 192 of 382
Supreme Court of India8 May 2015Full text
2015 INSC 392 · [2015] 5 S.C.R. 1112
[2015] 5 S.C.R. 1112 A PURUSHOTIAM DASHRATH BORATE &ANR. v. STATE OF MAHARASHTRA (Criminal Appeal No.1439of2013) B MAYOS, 2015 [H. L. DATTU, CJI, S.A. BOBDE AND ARUN MISHRA, JJ.] c Penal Code, 1860: ss;302, 376(2)(g), 364 and 404 rlw s. 120-8 - Rape and murder- Victim-deceased girl working in night shift and commuted i…
Supreme Court of India7 May 2015Full text
2015 INSC 391 · [2015] 6 S.C.R. 690
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.
3,821–3,840 · Page 192 of 382
Supreme Court of India8 May 2015Full text
2015 INSC 392 · [2015] 5 S.C.R. 1112
[2015] 5 S.C.R. 1112 A PURUSHOTIAM DASHRATH BORATE &ANR. v. STATE OF MAHARASHTRA (Criminal Appeal No.1439of2013) B MAYOS, 2015 [H. L. DATTU, CJI, S.A. BOBDE AND ARUN MISHRA, JJ.] c Penal Code, 1860: ss;302, 376(2)(g), 364 and 404 rlw s. 120-8 - Rape and murder- Victim-deceased girl working in night shift and commuted i…
Supreme Court of India7 May 2015Full text
2015 INSC 391 · [2015] 6 S.C.R. 690
Allowing the appeal, the Court 690H SERVO-MED INDUSTRIES PVT. LTD. v. COMMNR.OF 691 CENTRAL EXCISE, MUMBAI. HELD: 1. The four categories as regards A manufacture of goods, transformation of goods are stated below: (i) Where the goods remain exactly the same even after a particular process, there is obviously no B manuf…
Supreme Court of India7 May 2015Full text
2015 INSC 390 · [2015] 6 S.C.R. 782
2. The Government of Kerala order dated 28.04.1988, shows that the vend fee collected from the three mills is, in fact, a fee in the classic sense of the term. It is clear, on a reading of this document, that the State compulsorily takes from the three mills, a vend D fee for the purpose of conferring a special benefit…
Supreme Court of India14 Jan 2015Full text
2015 INSC 39 · [2015] 1 S.C.R. 462
G '- Shreejith L. vs. Oepu.ty Director (Education) Kera/a and Ors. 2012 (6) SCR 427: (2012) ..7 SCC 248; The· Chief Commissioner, Central Excise and Customs, Lucknow & Ors . . 462H VIJAYA UKARDA ATHOR (ATHAWALE) v. STATE OF 463 MAHARASHTRA vs. Prabhat Singh 2012 (11) SCR 209 : 2013 (1) SCALE 506 A - referred to. Case L…
Supreme Court of India7 May 2015Full text
2015 INSC 389 · [2015] 5 S.C.R. 158
(2015] 5 S.C.R. 158 A KHENYEI v. NEW INDIAASSURANCE CO. LTD. & ORS. B (Civil Appeal No. 4244of2015 etc.) MAYO?, 2015. [H.L.DATTU, CJI., S.A. BOBDE AND ARUN MISHRA,JJ.] c ·Torts - Composite negligence - Injuries caused by combined wrongful act of joint tort-feasors - Liability to pay compensation - Held: In such cases, …
Supreme Court of India6 May 2015Full text
2015 INSC 387 · [2015] 6 S.C.R. 239
F 4. Courts below based the verdict of conviction solely on the oral testimony of PW1 to PW3 and the identification of the appellants and other non-appealing accused in the test identification parade. In the a11>sence G of any other evidence like recovery of stolen jeWellery or other articles strengthening the prosecut…
Supreme Court of India6 May 2015Full text
2015 INSC 386 · [2015] 6 S.C.R. 284
[2015) 6 S.C.R. 284 A KIRSHNA TEXPORT & CAPITAL MARKETS LTD. v. ILAA. AGRAWAL & ORS B (Criminal Appeal No.1220 OF 2009) MAY 06, 2015 [PINAKI CHANDRA GHOSE AND UDAY UM ESH LALIT,JJ.] C Negotiable Instruments Act, 1881: ss.138, 141 -Whether notice u/s. 138 is mandatorily required to be sent to the directors of a company …
Supreme Court of India6 May 2015Full text
2015 INSC 384 · [2015] 6 S.C.R. 262
G Allowing the appeal, the Court HELD: 1.1 In the instant case, the factum of demand and acceptance was proved by the recovery of the tainted amount and the factum of there being a H demand has also been stated. The essential ingredient 262 STATE OF A. P. v. P. VENKATESHWARLU 263 of demand and acceptance has been prove…
Supreme Court of India6 May 2015Full text
2015 INSC 382 · [2015] 6 S.C.R. 938
I ZONAL G. M., M/S IRCON INTERNATIONAL LTD. v. M/S 939 VINAY HEAVY EQUIPMENTS appellant provided for "back to back" subcontracts whereby A main contractor would be directly answerable for the claims raised by contractors - Subletting was provided for by the main contract - However, it cannot be said that main contracto…
Supreme Court of India6 May 2015Full text
2015 INSC 381 · [2015] 9 S.C.R. 230
F Disposing of the appeals, the Court HELD: Civil Appeal No.2549 of 2006 G 1.1. Indisputably, the renewal of lease is a fresh grant where the principal lease executed between the parties containing a clause that the lease shall have to be renewed by giving a fresh grant in accordance with the said clause. In the instan…
Supreme Court of India14 Jan 2015Full text
2015 INSC 38 · [2015] 2 S.C.R. 26
Allowing the appeal, the Court E HELD: 1.1. In the present case, as pointed out by the Labour Court, there was no plausible explanation for the inordinate delay in completing the enquiry. Having allowed the appellant-workman to work for fourteen years, by the time punishment of dismissal from service F was imposed on t…
Supreme Court of India5 May 2015Full text
2015 INSC 379 · [2015] 4 S.C.R. 860
2. Clearing and forwarding operations, would C cover those activities which pertain to clearing of the goods and thereafter forwarding those goods to a particular destination, at the instance and on the directions of the principal. In the present cases, it would essentially include getting the coal cleared as D an agen…
Supreme Court of India5 May 2015Full text
2015 INSC 378 · [2015] 6 S.C.R. 219
220 SUPREME COURT REPORTS (2015] 6 S.C.R. A Chapter, i.e. Chapter 90, though under Entry 9028.90.10 as "parts and accessories". The only reason for including the goods under Chapter Heading 9028 is that the LCDs were to be used in the electricity supply meters. However, Entry 9028 does not pertain to LCDs but gas, B li…
Supreme Court of India1 May 2015Full text
2015 INSC 376 · [2015] 6 S.C.R. 397
- Evidence of the said attesting witnesses and the Sub-Registrar does not exhibit either denial of the execution of F the Will or their failure to recollect the execution, as a result, s. 71 not attracted - Thus, evidence of the witnesses anlaysed collectively or in isolation, does not evince animo attestandi, an essen…
Supreme Court of India1 May 2015Full text
2015 INSC 375 · [2015] 5 S.C.R. 365
365 366 SUPREME COURT REPORTS [2015] 5 S.C.R. A Khatedars to take recourse to provisions of s. 175 of the Tenancy Act is inconsequential in the facts of the present case - The circular dated 27-10-2005 did not confer any right eithe~r on the Society or the Khatedars to claim the developed land as the same is not applic…
Supreme Court of India29 Apr 2015Full text
2015 INSC 373 · [2015] 5 S.C.R. 350
G . 2. A disturbing feature of this case is that even after notice of the writ petition when the State of Har…
Supreme Court of India29 Apr 2015Full text
2015 INSC 372 · [2015] 6 S.C.R. 144
ARIANE ORGACHEM PVT. LTD v. WYETH 145 EMPLOYEES UNION & ORS. from both the parties - Therefore, the question regarding the A alleged termination of the concerned workmen is required to be referred to the Industrial Tribunal by the State Government - This complicated question of fact and law could not have been decided …
Supreme Court of India29 Apr 2015Full text
2015 INSC 371 · [2015] 5 S.C.R. 241
E A. P State Electricity Board v. Collector of Central Excise, Hyderabad, (1994) 2 SCC 428: 1994 (1) SCR 499; South Bihar Sugar Mills Limited v. Union of India, (1968) 3 SCR 21: 1968 SCR 21; Union Carbide India Limited v. The Union F of India, (1986) 2 SCC 547: 1986 (2) SCR 162; Bhor Industries Ltd. II. Collector of Ce…
Supreme Court of India14 Jan 2015Full text
2015 INSC 37 · [2015] 1 S.C.R. 907
invoke Exception 4 to Section 300 IPC, it must be f1,1rther shown that the offender has not taken undue advantage or acted in a cruel or unusual manner. The appellants are said to have inflicted injuries with henso and dau. A perusal of post-mortem certificate E showed that the deceased sustained one incised injur…
Supreme Court of India29 Apr 2015Full text
2015 INSC 369 · [2015] 4 S.C.R. 616
HIMALAYAN CO-OPERATIVE GROUP HOUSING 617 SOCIETY v. BALWAN SINGH made query whether the counsel for the appellant-society A was authorised to make such a statement by society or whether any such resolution was passed by society giving concession in matters of this nature - Since caution was not exercised by writ court,…
Also on Law on Tips: Bare Acts · Legal news and analysis
Allowing the appeal, the Court 690H SERVO-MED INDUSTRIES PVT. LTD. v. COMMNR.OF 691 CENTRAL EXCISE, MUMBAI. HELD: 1. The four categories as regards A manufacture of goods, transformation of goods are stated below: (i) Where the goods remain exactly the same even after a particular process, there is obviously no B manuf…
Supreme Court of India7 May 2015Full text
2015 INSC 390 · [2015] 6 S.C.R. 782
2. The Government of Kerala order dated 28.04.1988, shows that the vend fee collected from the three mills is, in fact, a fee in the classic sense of the term. It is clear, on a reading of this document, that the State compulsorily takes from the three mills, a vend D fee for the purpose of conferring a special benefit…
Supreme Court of India14 Jan 2015Full text
2015 INSC 39 · [2015] 1 S.C.R. 462
G '- Shreejith L. vs. Oepu.ty Director (Education) Kera/a and Ors. 2012 (6) SCR 427: (2012) ..7 SCC 248; The· Chief Commissioner, Central Excise and Customs, Lucknow & Ors . . 462H VIJAYA UKARDA ATHOR (ATHAWALE) v. STATE OF 463 MAHARASHTRA vs. Prabhat Singh 2012 (11) SCR 209 : 2013 (1) SCALE 506 A - referred to. Case L…
Supreme Court of India7 May 2015Full text
2015 INSC 389 · [2015] 5 S.C.R. 158
(2015] 5 S.C.R. 158 A KHENYEI v. NEW INDIAASSURANCE CO. LTD. & ORS. B (Civil Appeal No. 4244of2015 etc.) MAYO?, 2015. [H.L.DATTU, CJI., S.A. BOBDE AND ARUN MISHRA,JJ.] c ·Torts - Composite negligence - Injuries caused by combined wrongful act of joint tort-feasors - Liability to pay compensation - Held: In such cases, …
Supreme Court of India6 May 2015Full text
2015 INSC 387 · [2015] 6 S.C.R. 239
F 4. Courts below based the verdict of conviction solely on the oral testimony of PW1 to PW3 and the identification of the appellants and other non-appealing accused in the test identification parade. In the a11>sence G of any other evidence like recovery of stolen jeWellery or other articles strengthening the prosecut…
Supreme Court of India6 May 2015Full text
2015 INSC 386 · [2015] 6 S.C.R. 284
[2015) 6 S.C.R. 284 A KIRSHNA TEXPORT & CAPITAL MARKETS LTD. v. ILAA. AGRAWAL & ORS B (Criminal Appeal No.1220 OF 2009) MAY 06, 2015 [PINAKI CHANDRA GHOSE AND UDAY UM ESH LALIT,JJ.] C Negotiable Instruments Act, 1881: ss.138, 141 -Whether notice u/s. 138 is mandatorily required to be sent to the directors of a company …
Supreme Court of India6 May 2015Full text
2015 INSC 384 · [2015] 6 S.C.R. 262
G Allowing the appeal, the Court HELD: 1.1 In the instant case, the factum of demand and acceptance was proved by the recovery of the tainted amount and the factum of there being a H demand has also been stated. The essential ingredient 262 STATE OF A. P. v. P. VENKATESHWARLU 263 of demand and acceptance has been prove…
Supreme Court of India6 May 2015Full text
2015 INSC 382 · [2015] 6 S.C.R. 938
I ZONAL G. M., M/S IRCON INTERNATIONAL LTD. v. M/S 939 VINAY HEAVY EQUIPMENTS appellant provided for "back to back" subcontracts whereby A main contractor would be directly answerable for the claims raised by contractors - Subletting was provided for by the main contract - However, it cannot be said that main contracto…
Supreme Court of India6 May 2015Full text
2015 INSC 381 · [2015] 9 S.C.R. 230
F Disposing of the appeals, the Court HELD: Civil Appeal No.2549 of 2006 G 1.1. Indisputably, the renewal of lease is a fresh grant where the principal lease executed between the parties containing a clause that the lease shall have to be renewed by giving a fresh grant in accordance with the said clause. In the instan…
Supreme Court of India14 Jan 2015Full text
2015 INSC 38 · [2015] 2 S.C.R. 26
Allowing the appeal, the Court E HELD: 1.1. In the present case, as pointed out by the Labour Court, there was no plausible explanation for the inordinate delay in completing the enquiry. Having allowed the appellant-workman to work for fourteen years, by the time punishment of dismissal from service F was imposed on t…
Supreme Court of India5 May 2015Full text
2015 INSC 379 · [2015] 4 S.C.R. 860
2. Clearing and forwarding operations, would C cover those activities which pertain to clearing of the goods and thereafter forwarding those goods to a particular destination, at the instance and on the directions of the principal. In the present cases, it would essentially include getting the coal cleared as D an agen…
Supreme Court of India5 May 2015Full text
2015 INSC 378 · [2015] 6 S.C.R. 219
220 SUPREME COURT REPORTS (2015] 6 S.C.R. A Chapter, i.e. Chapter 90, though under Entry 9028.90.10 as "parts and accessories". The only reason for including the goods under Chapter Heading 9028 is that the LCDs were to be used in the electricity supply meters. However, Entry 9028 does not pertain to LCDs but gas, B li…
Supreme Court of India1 May 2015Full text
2015 INSC 376 · [2015] 6 S.C.R. 397
- Evidence of the said attesting witnesses and the Sub-Registrar does not exhibit either denial of the execution of F the Will or their failure to recollect the execution, as a result, s. 71 not attracted - Thus, evidence of the witnesses anlaysed collectively or in isolation, does not evince animo attestandi, an essen…
Supreme Court of India1 May 2015Full text
2015 INSC 375 · [2015] 5 S.C.R. 365
365 366 SUPREME COURT REPORTS [2015] 5 S.C.R. A Khatedars to take recourse to provisions of s. 175 of the Tenancy Act is inconsequential in the facts of the present case - The circular dated 27-10-2005 did not confer any right eithe~r on the Society or the Khatedars to claim the developed land as the same is not applic…
Supreme Court of India29 Apr 2015Full text
2015 INSC 373 · [2015] 5 S.C.R. 350
G . 2. A disturbing feature of this case is that even after notice of the writ petition when the State of Har…
Supreme Court of India29 Apr 2015Full text
2015 INSC 372 · [2015] 6 S.C.R. 144
ARIANE ORGACHEM PVT. LTD v. WYETH 145 EMPLOYEES UNION & ORS. from both the parties - Therefore, the question regarding the A alleged termination of the concerned workmen is required to be referred to the Industrial Tribunal by the State Government - This complicated question of fact and law could not have been decided …
Supreme Court of India29 Apr 2015Full text
2015 INSC 371 · [2015] 5 S.C.R. 241
E A. P State Electricity Board v. Collector of Central Excise, Hyderabad, (1994) 2 SCC 428: 1994 (1) SCR 499; South Bihar Sugar Mills Limited v. Union of India, (1968) 3 SCR 21: 1968 SCR 21; Union Carbide India Limited v. The Union F of India, (1986) 2 SCC 547: 1986 (2) SCR 162; Bhor Industries Ltd. II. Collector of Ce…
Supreme Court of India14 Jan 2015Full text
2015 INSC 37 · [2015] 1 S.C.R. 907
invoke Exception 4 to Section 300 IPC, it must be f1,1rther shown that the offender has not taken undue advantage or acted in a cruel or unusual manner. The appellants are said to have inflicted injuries with henso and dau. A perusal of post-mortem certificate E showed that the deceased sustained one incised injur…
Supreme Court of India29 Apr 2015Full text
2015 INSC 369 · [2015] 4 S.C.R. 616
HIMALAYAN CO-OPERATIVE GROUP HOUSING 617 SOCIETY v. BALWAN SINGH made query whether the counsel for the appellant-society A was authorised to make such a statement by society or whether any such resolution was passed by society giving concession in matters of this nature - Since caution was not exercised by writ court,…
Also on Law on Tips: Bare Acts · Legal news and analysis