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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.
381–400 · Page 20 of 382
Supreme Court of India16 Jul 2019Full text
2019 INSC 758 · [2019] 9 S.C.R. 979
trial court as well as first appellate court – High Court, in second appeal, decreed the suit – Appeal to Supreme Court – Held: In view of s. 46 there was a complete bar against maintainability of the suit before civil court challenging the decision of Competent Authority– However, the suit qua his wife seeking declara…
Supreme Court of India15 Jul 2019Full text
2019 INSC 757 · [2019] 9 S.C.R. 279
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.
381–400 · Page 20 of 382
Supreme Court of India16 Jul 2019Full text
2019 INSC 758 · [2019] 9 S.C.R. 979
trial court as well as first appellate court – High Court, in second appeal, decreed the suit – Appeal to Supreme Court – Held: In view of s. 46 there was a complete bar against maintainability of the suit before civil court challenging the decision of Competent Authority– However, the suit qua his wife seeking declara…
Supreme Court of India15 Jul 2019Full text
2019 INSC 757 · [2019] 9 S.C.R. 279
him to issue a cheque in the year 2014 for any alleged dues of the year 2011 – Held: According to the plaint of the respondent, commercial dealings between the parties ended on 03.06.2011 – The respondent did not state any reason as to why outstanding payment in respect of the same was made by cheque as late as 01.03.2…
Supreme Court of India15 Jul 2019Full text
2019 INSC 756 · [2019] 9 S.C.R. 949
– Respondent failed to vacate the suit house – Appellant filed Execution Petition for execution of the consent order dated 01.06.2012 for obtaining vacant possession of the suit house – E Judgment debtor died leaving behind the present respondent as legal representative of the original tenant – Respondent filed four ap…
Supreme Court of India12 Jul 2019Full text
2019 INSC 755 · [2019] 9 S.C.R. 252
there was no stay of operation of the award, it was open to the appellant to pray for release of the said amount – In the meantime, the respondent filed stay application u/s. 36(2) of the Act, 1996 and order of the unconditional stay was passed relying on the provisions of Or. XXVII, r. 8A of CPC – Relying on the order…
Supreme Court of India12 Jul 2019Full text
2019 INSC 754 · [2019] 10 S.C.R. 551
Disciplinary proceedings were initiated against the appellant and payment of his pension was held up. The bank in March 2007 called upon the appellant to indicate his willingness to join the D Pension Scheme. The appellant indicated his willingness. As per the appellant, the pension records of the appellant were not fo…
Supreme Court of India11 Jul 2019Full text
2019 INSC 752 · [2019] 9 S.C.R. 232
order dated 14.05.2009 was concerned, no relief was granted to the respondent – However, Division Bench of the High Court by order dated 15.02.2016 quashed the order dated 14.05.2009 and held appellant entitled to all consequential benefits – Since, the said order of the Division Bench of the High Court was not F chall…
Supreme Court of India11 Jul 2019Full text
2019 INSC 751 · [2019] 9 S.C.R. 212
importance – It is evident from the record that father’s intention had always been that the child got best education at a neutral environment – The Court has to take extra caution to ensure that the child is kept away from negative influences – What is in the best interest of the child depends on the facts and circumst…
Supreme Court of India11 Jul 2019Full text
2019 INSC 750 · [2019] 10 S.C.R. 560
– On appeal, held: The Exim policy is an incident of the fiscal policy of the State and of its overall control over foreign trade – As an E incident of its policy, the State may provide a regime of incentives – The provision of those incentives does not render the State a service provider or the person who avails of th…
Supreme Court of India22 Jan 2019Full text
2019 INSC 75 · [2019] 1 S.C.R. 954
H 954 V. SURENDRA MOHAN v. STATE OF TAMIL NADU 955 Persons with Disabilities (Equal Opportunities, Protection of A Rights and Full Participation) Act, 1995 – Condition of 40%-50% disability for partially blind and partially deaf categories of disabled persons in a notification for recruitment of Civil Judges (Junior Di…
Supreme Court of India11 Jul 2019Full text
2019 INSC 749 · [2019] 9 S.C.R. 585
disciplinary authority – Acquittal of the delinquent in the criminal case cannot operate ipso facto as a ground for vitiating the finding of misconduct in disciplinary proceedings – Central Reserve Police Force Act, 1949 – s. 11(1) – Central Reserve Police Force Rules, 1955 – r.27(a). F Departmental Enquiry – Standard …
Supreme Court of India11 Jul 2019Full text
2019 INSC 748 · [2019] 9 S.C.R. 905
ALL MANIPUR PENSIONERS ASSOCIATION BY ITS 907 SECRETARY v. STATE OF MANIPUR that the State Government has adopted the Central Civil Services A (Pension) Rules, to be applicable to the State of Manipur. The State has also come out with the Manipur Civil Services (Pension) Rules, 1977. It is also not in dispute that subj…
Supreme Court of India10 Jul 2019Full text
2019 INSC 747 · [2019] 9 S.C.R. 1009
of the contract and letters sent by the plaintiffs were not proved – On appeal, held: High Court went wrong on number of counts – First, to hold that time was essence in the agreement was wholly incorrect – Clause 3 of the agreement to sell has to be read along with clauses 5 and 8, which clearly show that in the natur…
Supreme Court of India10 Jul 2019Full text
2019 INSC 746 · [2019] 9 S.C.R. 181
No.2 filed writ petition – Allowed by High Court while directing APMC to allot the said gala in his favour – On appeal, held: As per the norms, no trader who has not paid the booking amount can get large gala or part thereof or more than one small gala – Respondent no.2 himself neither made the application before the c…
Supreme Court of India10 Jul 2019Full text
2019 INSC 745 · [2019] 9 S.C.R. 942
Allowing the appeals, the Court E HELD: 1.1 The law laid down by the two-judge Bench of this Court in *Dev Dutt’s case that every entry in ACR of a public servant must be communicated to him/her within a reasonable period, has been reaffirmed by three judges in **Sukhdev Singh’s case. The judgment is declaratory in nat…
Supreme Court of India10 Jul 2019Full text
2019 INSC 744 · [2019] 9 S.C.R. 1001
govern the arbitral fees to be charged, but that they were bound to follow the judgment in National Highways Authority of India vs. Gayatri Jhansi Roadways Limited case passed by the Delhi High Court which clearly mandated that the Fourth Schedule and not the agreement would govern. [Para 13] [1007-C-D] C 3. However, t…
Supreme Court of India10 Jul 2019Full text
2019 INSC 743 · [2019] 9 S.C.R. 94
Proviso to s.31 and Proviso to s.33(2) – Telangana State VAT Act, 2005 – Constitution of India – Art.136 – Doctrine of Merger – Interpretation of Statutes. Amdhra Pradesh General Sales Tax Act, 1957 – Power of the Appellate Authority under 1957 and 2005 Act – Discussed – AP EVAT Act, 2005 – Telangana State VAT Act, 200…
Supreme Court of India9 Jul 2019Full text
2019 INSC 742 · [2019] 8 S.C.R. 1114
H 1114 VISHNU KUMAR TIWARI v. STATE OF U. P. THR. SEC. 1115 HOME, CIVIL SECRETARIAT LUCKNOW Constitution of India: A Art.226 – Jurisdiction under – Scope of – Held: High Court while exercising powers u/Art.226 must bear in mind the limited nature of its jurisdiction when it deals with orders of subordinate courts. B Al…
Supreme Court of India9 Jul 2019Full text
2019 INSC 741 · [2019] 6 S.C.R. 437
– Word ‘management’ in Para 59 of the judgment dated April 3, 2019 ([2019] 6 SCR 402), substituted with the word ‘banking Foperations’– Further, Single Bench has not granted relief to the appellant to operate bank accounts, as claimed – Supreme Court vide judgment dated April 3, 2019 ([2019] 6 SCR 402), has not granted…
Supreme Court of India9 Jul 2019Full text
2019 INSC 740 · [2019] 8 S.C.R. 1207
before the Estate Officer, respondent No.1 has not put forth his defence; he was only taking adjournments on the ground of pendency of the appeal before the High Court – Sufficient opportunity has to be given to respondent No.1 – Thus, the order of the High Court remitting the matter to the Estate Officer is maintained…
Supreme Court of India9 Jul 2019Full text
2019 INSC 737 · [2019] 10 S.C.R. 875
which weighed with the Trial Court in coming to the conclusion that PW-3 and PW-4 were incapable of deposing was whether the children knew the person they were standing before – To these questions, PW-3 and PW-4 stated that they were unaware of that person – Trial judge, purely on this basis, found that the testimonies…
Also on Law on Tips: Bare Acts · Legal news and analysis
him to issue a cheque in the year 2014 for any alleged dues of the year 2011 – Held: According to the plaint of the respondent, commercial dealings between the parties ended on 03.06.2011 – The respondent did not state any reason as to why outstanding payment in respect of the same was made by cheque as late as 01.03.2…
Supreme Court of India15 Jul 2019Full text
2019 INSC 756 · [2019] 9 S.C.R. 949
– Respondent failed to vacate the suit house – Appellant filed Execution Petition for execution of the consent order dated 01.06.2012 for obtaining vacant possession of the suit house – E Judgment debtor died leaving behind the present respondent as legal representative of the original tenant – Respondent filed four ap…
Supreme Court of India12 Jul 2019Full text
2019 INSC 755 · [2019] 9 S.C.R. 252
there was no stay of operation of the award, it was open to the appellant to pray for release of the said amount – In the meantime, the respondent filed stay application u/s. 36(2) of the Act, 1996 and order of the unconditional stay was passed relying on the provisions of Or. XXVII, r. 8A of CPC – Relying on the order…
Supreme Court of India12 Jul 2019Full text
2019 INSC 754 · [2019] 10 S.C.R. 551
Disciplinary proceedings were initiated against the appellant and payment of his pension was held up. The bank in March 2007 called upon the appellant to indicate his willingness to join the D Pension Scheme. The appellant indicated his willingness. As per the appellant, the pension records of the appellant were not fo…
Supreme Court of India11 Jul 2019Full text
2019 INSC 752 · [2019] 9 S.C.R. 232
order dated 14.05.2009 was concerned, no relief was granted to the respondent – However, Division Bench of the High Court by order dated 15.02.2016 quashed the order dated 14.05.2009 and held appellant entitled to all consequential benefits – Since, the said order of the Division Bench of the High Court was not F chall…
Supreme Court of India11 Jul 2019Full text
2019 INSC 751 · [2019] 9 S.C.R. 212
importance – It is evident from the record that father’s intention had always been that the child got best education at a neutral environment – The Court has to take extra caution to ensure that the child is kept away from negative influences – What is in the best interest of the child depends on the facts and circumst…
Supreme Court of India11 Jul 2019Full text
2019 INSC 750 · [2019] 10 S.C.R. 560
– On appeal, held: The Exim policy is an incident of the fiscal policy of the State and of its overall control over foreign trade – As an E incident of its policy, the State may provide a regime of incentives – The provision of those incentives does not render the State a service provider or the person who avails of th…
Supreme Court of India22 Jan 2019Full text
2019 INSC 75 · [2019] 1 S.C.R. 954
H 954 V. SURENDRA MOHAN v. STATE OF TAMIL NADU 955 Persons with Disabilities (Equal Opportunities, Protection of A Rights and Full Participation) Act, 1995 – Condition of 40%-50% disability for partially blind and partially deaf categories of disabled persons in a notification for recruitment of Civil Judges (Junior Di…
Supreme Court of India11 Jul 2019Full text
2019 INSC 749 · [2019] 9 S.C.R. 585
disciplinary authority – Acquittal of the delinquent in the criminal case cannot operate ipso facto as a ground for vitiating the finding of misconduct in disciplinary proceedings – Central Reserve Police Force Act, 1949 – s. 11(1) – Central Reserve Police Force Rules, 1955 – r.27(a). F Departmental Enquiry – Standard …
Supreme Court of India11 Jul 2019Full text
2019 INSC 748 · [2019] 9 S.C.R. 905
ALL MANIPUR PENSIONERS ASSOCIATION BY ITS 907 SECRETARY v. STATE OF MANIPUR that the State Government has adopted the Central Civil Services A (Pension) Rules, to be applicable to the State of Manipur. The State has also come out with the Manipur Civil Services (Pension) Rules, 1977. It is also not in dispute that subj…
Supreme Court of India10 Jul 2019Full text
2019 INSC 747 · [2019] 9 S.C.R. 1009
of the contract and letters sent by the plaintiffs were not proved – On appeal, held: High Court went wrong on number of counts – First, to hold that time was essence in the agreement was wholly incorrect – Clause 3 of the agreement to sell has to be read along with clauses 5 and 8, which clearly show that in the natur…
Supreme Court of India10 Jul 2019Full text
2019 INSC 746 · [2019] 9 S.C.R. 181
No.2 filed writ petition – Allowed by High Court while directing APMC to allot the said gala in his favour – On appeal, held: As per the norms, no trader who has not paid the booking amount can get large gala or part thereof or more than one small gala – Respondent no.2 himself neither made the application before the c…
Supreme Court of India10 Jul 2019Full text
2019 INSC 745 · [2019] 9 S.C.R. 942
Allowing the appeals, the Court E HELD: 1.1 The law laid down by the two-judge Bench of this Court in *Dev Dutt’s case that every entry in ACR of a public servant must be communicated to him/her within a reasonable period, has been reaffirmed by three judges in **Sukhdev Singh’s case. The judgment is declaratory in nat…
Supreme Court of India10 Jul 2019Full text
2019 INSC 744 · [2019] 9 S.C.R. 1001
govern the arbitral fees to be charged, but that they were bound to follow the judgment in National Highways Authority of India vs. Gayatri Jhansi Roadways Limited case passed by the Delhi High Court which clearly mandated that the Fourth Schedule and not the agreement would govern. [Para 13] [1007-C-D] C 3. However, t…
Supreme Court of India10 Jul 2019Full text
2019 INSC 743 · [2019] 9 S.C.R. 94
Proviso to s.31 and Proviso to s.33(2) – Telangana State VAT Act, 2005 – Constitution of India – Art.136 – Doctrine of Merger – Interpretation of Statutes. Amdhra Pradesh General Sales Tax Act, 1957 – Power of the Appellate Authority under 1957 and 2005 Act – Discussed – AP EVAT Act, 2005 – Telangana State VAT Act, 200…
Supreme Court of India9 Jul 2019Full text
2019 INSC 742 · [2019] 8 S.C.R. 1114
H 1114 VISHNU KUMAR TIWARI v. STATE OF U. P. THR. SEC. 1115 HOME, CIVIL SECRETARIAT LUCKNOW Constitution of India: A Art.226 – Jurisdiction under – Scope of – Held: High Court while exercising powers u/Art.226 must bear in mind the limited nature of its jurisdiction when it deals with orders of subordinate courts. B Al…
Supreme Court of India9 Jul 2019Full text
2019 INSC 741 · [2019] 6 S.C.R. 437
– Word ‘management’ in Para 59 of the judgment dated April 3, 2019 ([2019] 6 SCR 402), substituted with the word ‘banking Foperations’– Further, Single Bench has not granted relief to the appellant to operate bank accounts, as claimed – Supreme Court vide judgment dated April 3, 2019 ([2019] 6 SCR 402), has not granted…
Supreme Court of India9 Jul 2019Full text
2019 INSC 740 · [2019] 8 S.C.R. 1207
before the Estate Officer, respondent No.1 has not put forth his defence; he was only taking adjournments on the ground of pendency of the appeal before the High Court – Sufficient opportunity has to be given to respondent No.1 – Thus, the order of the High Court remitting the matter to the Estate Officer is maintained…
Supreme Court of India9 Jul 2019Full text
2019 INSC 737 · [2019] 10 S.C.R. 875
which weighed with the Trial Court in coming to the conclusion that PW-3 and PW-4 were incapable of deposing was whether the children knew the person they were standing before – To these questions, PW-3 and PW-4 stated that they were unaware of that person – Trial judge, purely on this basis, found that the testimonies…
Also on Law on Tips: Bare Acts · Legal news and analysis