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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.
4,021–4,040 · Page 202 of 382
Supreme Court of India26 Feb 2015Full text
2015 INSC 148 · [2015] 2 S.C.R. 903
906 SUPREME COURT REPORTS [2015] 2 S.C.R. A of 2007. Hema Sahu, Rajendra Sahu, C. L. Sahu for the Appellant. Jatinder Kumar Bhatia for the Respondent. B The Judgment of the Court was delivered by ADARSH KUMAR GOEL J. 1 This appeal has been prefer…
Supreme Court of India23 Feb 2015Full text
2015 INSC 147 · [2015] 2 S.C.R. 505
Unique Butyle Tube Industries (P) Ltd. v. U.P. Financial Corporation and Others (2003) 2 SCC 455: 2002 (5) Suppl. SCR 666 - held Inapplicable. D Case Law Reference 1998 (2) SCR 1158 referred to Para 25 2002 (5) Suppl. SCR 666 held inapplicable Para 32 E CIVILAPPELLATE JURISDICTION: Civil Appeal No. 4942 of 2007 From th…
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.
4,021–4,040 · Page 202 of 382
Supreme Court of India26 Feb 2015Full text
2015 INSC 148 · [2015] 2 S.C.R. 903
906 SUPREME COURT REPORTS [2015] 2 S.C.R. A of 2007. Hema Sahu, Rajendra Sahu, C. L. Sahu for the Appellant. Jatinder Kumar Bhatia for the Respondent. B The Judgment of the Court was delivered by ADARSH KUMAR GOEL J. 1 This appeal has been prefer…
Supreme Court of India23 Feb 2015Full text
2015 INSC 147 · [2015] 2 S.C.R. 505
Unique Butyle Tube Industries (P) Ltd. v. U.P. Financial Corporation and Others (2003) 2 SCC 455: 2002 (5) Suppl. SCR 666 - held Inapplicable. D Case Law Reference 1998 (2) SCR 1158 referred to Para 25 2002 (5) Suppl. SCR 666 held inapplicable Para 32 E CIVILAPPELLATE JURISDICTION: Civil Appeal No. 4942 of 2007 From th…
Supreme Court of India20 Feb 2015Full text
2015 INSC 145 · [2015] 2 S.C.R. 241
Dismissing the appeal, the Court HELD: While computing period of ninety days, the day on which the accused was remanded to the judicial G custody should be exclud~d, and the day on which challan is filed in the court, should be included. In the instant case, date 05.07 .13 is to be excluded and, as such, 241 H 242 SUPR…
Supreme Court of India20 Feb 2015Full text
2015 INSC 144 · [2015] 2 S.C.R. 220
E Babu H. Marlapalle, Kishor Lambat, Milind Vaishnav, Shryas Vaishnav (for Lambat &Associates) for the Appellant. K. V. Vishwanathan, SatyajitA. Desai, Rahul Bhangade, Kishor (for Anagha S. Desai), Aniruddha P. Mayee, A. Selvin F Raja, Suhas Kadam (for Lemax Lawyers & Co.), Charudatta Mahindrakar, A. S. Raja, Akash Kak…
Supreme Court of India20 Feb 2015Full text
2015 INSC 143 · [2015] 2 S.C.R. 249
l.G.[Karmik] and others vs. Prahalad Mani Tripathi2007 (5) SCR 978: (2007) 6 SCC 162; Steel Authority of India Limited v. Madhusudan Das 2008 ( 14) SCR 824 : (2008) 15 SCC 560; State of Gujarat v. Arvindkumar T Tiwari 2012 (7) F SCR 1072: (2012) 9 SCC 545- referred to. Case Law Reference 2007 (5) SCR 978 Referred to. P…
Supreme Court of India20 Feb 2015Full text
2015 INSC 142 · [2015] 2 S.C.R. 236
The Judgment of the Court was delivered by c ARUN MISHRA, J. 1. Leave granted. 2. The appeal has been preferred by the insurer against the order dated 9.5.2014, passed by the High Court of Orissa at Cuttack in M.A.C.A. No.576 of 2008 awarding compensation of Rs.55,00,000/- to the respondent, Dr. D Sukanta Kumar Behera …
Supreme Court of India20 Feb 2015Full text
2015 INSC 141 · [2015] 2 S.C.R. 228
Maxim - 'generalia specialibus non derogant' -E Applicability of. Disposing of the appeal, the Court HELD: 1. Once there is an agreement between the parties to refer the disputes or differences arising out of F the agreement to arbitration, and in case either party, ignoring the terms of the agreement, approaches the c…
Supreme Court of India20 Feb 2015Full text
2015 INSC 140 · [2015] 2 S.C.R. 498
BHANDARI UDYOG LTD. v. INDUSTRIAL 499 FACILITATrON COUNCIL court, which has jurisdiction as per s.20, CPC and A is subordinate to the High Court of Karnataka which entertained s.11 application - Therefore, the award cannot be challenged before a Court subordinate to the High Court of Bombay - Jurisdiction - Code of Civ…
Supreme Court of India8 Jan 2015Full text
2015 INSC 14 · [2015] 1 S.C.R. 350
Vijay Panjwani (A.C.) for the Appellant. D Milind Kumar for the Respondent. The Judgment of the Court was delivered by T.S. THAKUR, J. 1. The appellant was tried and E convicted for offences punishable under Sections 376 and 302 IPC. For the offence of rape punishable under Section 376, he was sentenced to undergo impr…
Supreme Court of India19 Feb 2015Full text
2015 INSC 139 · [2015] 2 S.C.R. 480
2.1 The keystone of the method of moderation postulates the existence of a Head Examiner who is usually the paper-setter also. In the present F case the respondents have neither asseverated nor established that a Head Examiner had been appointed. A multi person Committee of the High Court was entrusted with this fundam…
Supreme Court of India19 Feb 2015Full text
2015 INSC 136 · [2015] 2 S.C.R. 210
1.2 When the prosecution evidence relating to extra judicial confession made before PW-12 is believed by the courts below to examine as to whether act committed by the accused constitutes culpable homicide E amounting to murder or not, they should have read the statement as a whole, and the circumstances, in which the …
Supreme Court of India18 Feb 2015Full text
2015 INSC 135 · [2015] 2 S.C.R. 460
462 SUPREME COURT REPORTS [2015] 2 S.C.R. A a driver again. The contention of the respondent Insurance Company that the appellant could take up any other alternative employment is no justification to avoid their vicarious liability. Thus, by applying the appropriate multiplier, the total loss of future B earnings of th…
Supreme Court of India18 Feb 2015Full text
2015 INSC 133 · [2015] 2 S.C.R. 594
c Haresh Raichura, Saroj Raichura, Kalp Raichura, RajatVats for the Appellants. Anurag Ahluwalia, Hemantika Wahi, Puja Singh for the C Respondent. The Judgment of the Court was delivered by DIPAK MISRA, J. The present appeal, by special leave, is directed against the judgment of conviction and order D of sentence passe…
Supreme Court of India18 Feb 2015Full text
2015 INSC 132 · [2015] 2 S.C.R. 617
M. SUREN DER REDDY v. GOVT. OF A. P. 618 advertisement- Thus, orders passed by the tribunal and the A High Court set aside - Constitution of India, 1950-Art. 371-D - Andhra Prade~h Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 1975 -Andhra Pradesh Public Employment (Organi…
Supreme Court of India18 Feb 2015Full text
2015 INSC 131 · [2015] 3 S.C.R. 321
(2015) 3 S.C.R. 321 GVK INDUSTRIES LTD. &ANR. A v. THE INCOME TAX OFFICER &ANR. B (Civil Appeal No. 7796 of 1997) FEBRUARY 18, 2015 [SUDHANSU JYOTI MUKHOPADHAYA AND DIPAK MISRA, JJ.] c Income Tax Act, 1961: s.9(1)(vii)(b) - Success fee payable by appellant company to Non-Resident Company (NRC) for rendering professiona…
Supreme Court of India17 Feb 2015Full text
2015 INSC 130 · [2015] 2 S.C.R. 448
2. The writ petition before us shows that the ordeal of the petitioner began in the year 2010 when the father and her family alleged to have started coercing her to H RASHMI BEHL v. STATE OF U.P. 451 [M.Y.EQBAL, J.] join the flesh trade/prostitution. Upon realizing petitioner's A unwillingness, father and the family tr…
Supreme Court of India7 Jan 2015Full text
2015 INSC 13 · [2015] 1 S.C.R. 611
[2015] 1 S.C.R. 611 MANOJBHAI N. SHAH & ORS. A v. UNION OF INDIA & ORS. (Transfer Case (Civil) No. 48 of 2010) JANUARY 07, 2015 B [ANIL R. DAVE AND SHIVA KIRTI SINGH, JJ.] Service Law: Retirement - Voluntary Retirement Scheme - Whether after acceptance of voluntary retirement under the 2004 Scheme, such retired employe…
Supreme Court of India17 Feb 2015Full text
2015 INSC 129 · [2015] 2 S.C.R. 572
573 SUPREME COURT REPORTS [2015) 2 S.C.R. A the parents which have to be enforced; child's welfare is the main - Co-ordinate Benches must respect prior orders -Forum shopping or court shopping to be firmly dealt with -Furthermore, father ought not to have left the jurisdiction of Goa court which was discharging its dut…
Supreme Court of India17 Feb 2015Full text
2015 INSC 128 · [2015] 2 S.C.R. 436
- Both the vehicles were parked in the same space, both were insured with the insurance company and the owner was one and the same and since the deceased being the cleaner and the claimants hailing from the lowest strata of G society, insurance company directed to indemnify the owner for the death of deceased - Statuto…
Supreme Court of India17 Feb 2015Full text
2015 INSC 127 · [2015] 3 S.C.R. 107
[2015) 3 S.C.R. 107 NAWAL KISHORE MISHRA & ORS. ETC. A v. HIGH COURT OF JUDICATURE AT ALLAHABAD THROUGH ITS REGISTRAR GENERAL & ORS. ETC. B (Civil Appeal Nos. 1956-1957 of 2015 etc.) FEBRUARY 17, 2015. [FAKKIR MOHAMED IBRAHIM KALIFULLA AND c ABHAY MANOHAR SAPRE, JJ.] Service Law: . Judicial service. - Appointment by Hi…
Also on Law on Tips: Bare Acts · Legal news and analysis
Supreme Court of India20 Feb 2015Full text
2015 INSC 145 · [2015] 2 S.C.R. 241
Dismissing the appeal, the Court HELD: While computing period of ninety days, the day on which the accused was remanded to the judicial G custody should be exclud~d, and the day on which challan is filed in the court, should be included. In the instant case, date 05.07 .13 is to be excluded and, as such, 241 H 242 SUPR…
Supreme Court of India20 Feb 2015Full text
2015 INSC 144 · [2015] 2 S.C.R. 220
E Babu H. Marlapalle, Kishor Lambat, Milind Vaishnav, Shryas Vaishnav (for Lambat &Associates) for the Appellant. K. V. Vishwanathan, SatyajitA. Desai, Rahul Bhangade, Kishor (for Anagha S. Desai), Aniruddha P. Mayee, A. Selvin F Raja, Suhas Kadam (for Lemax Lawyers & Co.), Charudatta Mahindrakar, A. S. Raja, Akash Kak…
Supreme Court of India20 Feb 2015Full text
2015 INSC 143 · [2015] 2 S.C.R. 249
l.G.[Karmik] and others vs. Prahalad Mani Tripathi2007 (5) SCR 978: (2007) 6 SCC 162; Steel Authority of India Limited v. Madhusudan Das 2008 ( 14) SCR 824 : (2008) 15 SCC 560; State of Gujarat v. Arvindkumar T Tiwari 2012 (7) F SCR 1072: (2012) 9 SCC 545- referred to. Case Law Reference 2007 (5) SCR 978 Referred to. P…
Supreme Court of India20 Feb 2015Full text
2015 INSC 142 · [2015] 2 S.C.R. 236
The Judgment of the Court was delivered by c ARUN MISHRA, J. 1. Leave granted. 2. The appeal has been preferred by the insurer against the order dated 9.5.2014, passed by the High Court of Orissa at Cuttack in M.A.C.A. No.576 of 2008 awarding compensation of Rs.55,00,000/- to the respondent, Dr. D Sukanta Kumar Behera …
Supreme Court of India20 Feb 2015Full text
2015 INSC 141 · [2015] 2 S.C.R. 228
Maxim - 'generalia specialibus non derogant' -E Applicability of. Disposing of the appeal, the Court HELD: 1. Once there is an agreement between the parties to refer the disputes or differences arising out of F the agreement to arbitration, and in case either party, ignoring the terms of the agreement, approaches the c…
Supreme Court of India20 Feb 2015Full text
2015 INSC 140 · [2015] 2 S.C.R. 498
BHANDARI UDYOG LTD. v. INDUSTRIAL 499 FACILITATrON COUNCIL court, which has jurisdiction as per s.20, CPC and A is subordinate to the High Court of Karnataka which entertained s.11 application - Therefore, the award cannot be challenged before a Court subordinate to the High Court of Bombay - Jurisdiction - Code of Civ…
Supreme Court of India8 Jan 2015Full text
2015 INSC 14 · [2015] 1 S.C.R. 350
Vijay Panjwani (A.C.) for the Appellant. D Milind Kumar for the Respondent. The Judgment of the Court was delivered by T.S. THAKUR, J. 1. The appellant was tried and E convicted for offences punishable under Sections 376 and 302 IPC. For the offence of rape punishable under Section 376, he was sentenced to undergo impr…
Supreme Court of India19 Feb 2015Full text
2015 INSC 139 · [2015] 2 S.C.R. 480
2.1 The keystone of the method of moderation postulates the existence of a Head Examiner who is usually the paper-setter also. In the present F case the respondents have neither asseverated nor established that a Head Examiner had been appointed. A multi person Committee of the High Court was entrusted with this fundam…
Supreme Court of India19 Feb 2015Full text
2015 INSC 136 · [2015] 2 S.C.R. 210
1.2 When the prosecution evidence relating to extra judicial confession made before PW-12 is believed by the courts below to examine as to whether act committed by the accused constitutes culpable homicide E amounting to murder or not, they should have read the statement as a whole, and the circumstances, in which the …
Supreme Court of India18 Feb 2015Full text
2015 INSC 135 · [2015] 2 S.C.R. 460
462 SUPREME COURT REPORTS [2015] 2 S.C.R. A a driver again. The contention of the respondent Insurance Company that the appellant could take up any other alternative employment is no justification to avoid their vicarious liability. Thus, by applying the appropriate multiplier, the total loss of future B earnings of th…
Supreme Court of India18 Feb 2015Full text
2015 INSC 133 · [2015] 2 S.C.R. 594
c Haresh Raichura, Saroj Raichura, Kalp Raichura, RajatVats for the Appellants. Anurag Ahluwalia, Hemantika Wahi, Puja Singh for the C Respondent. The Judgment of the Court was delivered by DIPAK MISRA, J. The present appeal, by special leave, is directed against the judgment of conviction and order D of sentence passe…
Supreme Court of India18 Feb 2015Full text
2015 INSC 132 · [2015] 2 S.C.R. 617
M. SUREN DER REDDY v. GOVT. OF A. P. 618 advertisement- Thus, orders passed by the tribunal and the A High Court set aside - Constitution of India, 1950-Art. 371-D - Andhra Prade~h Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 1975 -Andhra Pradesh Public Employment (Organi…
Supreme Court of India18 Feb 2015Full text
2015 INSC 131 · [2015] 3 S.C.R. 321
(2015) 3 S.C.R. 321 GVK INDUSTRIES LTD. &ANR. A v. THE INCOME TAX OFFICER &ANR. B (Civil Appeal No. 7796 of 1997) FEBRUARY 18, 2015 [SUDHANSU JYOTI MUKHOPADHAYA AND DIPAK MISRA, JJ.] c Income Tax Act, 1961: s.9(1)(vii)(b) - Success fee payable by appellant company to Non-Resident Company (NRC) for rendering professiona…
Supreme Court of India17 Feb 2015Full text
2015 INSC 130 · [2015] 2 S.C.R. 448
2. The writ petition before us shows that the ordeal of the petitioner began in the year 2010 when the father and her family alleged to have started coercing her to H RASHMI BEHL v. STATE OF U.P. 451 [M.Y.EQBAL, J.] join the flesh trade/prostitution. Upon realizing petitioner's A unwillingness, father and the family tr…
Supreme Court of India7 Jan 2015Full text
2015 INSC 13 · [2015] 1 S.C.R. 611
[2015] 1 S.C.R. 611 MANOJBHAI N. SHAH & ORS. A v. UNION OF INDIA & ORS. (Transfer Case (Civil) No. 48 of 2010) JANUARY 07, 2015 B [ANIL R. DAVE AND SHIVA KIRTI SINGH, JJ.] Service Law: Retirement - Voluntary Retirement Scheme - Whether after acceptance of voluntary retirement under the 2004 Scheme, such retired employe…
Supreme Court of India17 Feb 2015Full text
2015 INSC 129 · [2015] 2 S.C.R. 572
573 SUPREME COURT REPORTS [2015) 2 S.C.R. A the parents which have to be enforced; child's welfare is the main - Co-ordinate Benches must respect prior orders -Forum shopping or court shopping to be firmly dealt with -Furthermore, father ought not to have left the jurisdiction of Goa court which was discharging its dut…
Supreme Court of India17 Feb 2015Full text
2015 INSC 128 · [2015] 2 S.C.R. 436
- Both the vehicles were parked in the same space, both were insured with the insurance company and the owner was one and the same and since the deceased being the cleaner and the claimants hailing from the lowest strata of G society, insurance company directed to indemnify the owner for the death of deceased - Statuto…
Supreme Court of India17 Feb 2015Full text
2015 INSC 127 · [2015] 3 S.C.R. 107
[2015) 3 S.C.R. 107 NAWAL KISHORE MISHRA & ORS. ETC. A v. HIGH COURT OF JUDICATURE AT ALLAHABAD THROUGH ITS REGISTRAR GENERAL & ORS. ETC. B (Civil Appeal Nos. 1956-1957 of 2015 etc.) FEBRUARY 17, 2015. [FAKKIR MOHAMED IBRAHIM KALIFULLA AND c ABHAY MANOHAR SAPRE, JJ.] Service Law: . Judicial service. - Appointment by Hi…
Also on Law on Tips: Bare Acts · Legal news and analysis