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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.
4,201–4,220 · Page 211 of 382
Supreme Court of India17 Dec 2014Full text
2014 INSC 881 · [2014] 11 S.C.R. 286
F Allowing the appeal, the Court HELD: 1.1. A constitutional remedy by way of writ petition is always available to an aggrieved party and an arbitration clause in an agreement between the parties G cannot ipso facto render a writ petition "not maintainable" as wrongly held by the Division Bench. Availability of alterna…
Supreme Court of India17 Dec 2014Full text
2014 INSC 880 · [2014] 14 S.C.R. 1468
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.
4,201–4,220 · Page 211 of 382
Supreme Court of India17 Dec 2014Full text
2014 INSC 881 · [2014] 11 S.C.R. 286
F Allowing the appeal, the Court HELD: 1.1. A constitutional remedy by way of writ petition is always available to an aggrieved party and an arbitration clause in an agreement between the parties G cannot ipso facto render a writ petition "not maintainable" as wrongly held by the Division Bench. Availability of alterna…
Supreme Court of India17 Dec 2014Full text
2014 INSC 880 · [2014] 14 S.C.R. 1468
1468 .. POOJARAVINDERDEVIDASANI v. STATE OF 1469 MAHARASHTRA&ANR. thereto. He has to examine the nature of allegations made A in the complaint and the evidence both oral and documentary in support thereof and would that be sufficient for the complainant to succeed in bringing charge holT!e to the accused. The Magistrat…
Supreme Court of India10 Feb 2014Full text
2014 INSC 88 · [2014] 1 S.C.R. 987
Allowing the appeal, the Court HELD: 1.1 In the instant case, the medical certificate E was belatedly submitted and the respondent had remained unauthorisedly absent from 28.08.1995. The Inquiry Officer found that both the charges had been proved. The disciplinary authority had ascribed reasons and passed an order of d…
Supreme Court of India17 Dec 2014Full text
2014 INSC 878 · [2014] 12 S.C.R. 505
506 SUPREME COURT REPORTS [2014] 12 S.C.R. A 1.2. According to the Investigating Officer, he arrested accused in. the presence of PW1. PWs 1 and 2 have also identified both of them as assailants during the trial in the court. In such circumstances, the omission to mention their names in the complaint does _not affect t…
Supreme Court of India17 Dec 2014Full text
2014 INSC 877 · [2014] 13 S.C.R. 1281
and Order dated 16. 07 .2007 of the Division Bench of…
Supreme Court of India17 Dec 2014Full text
2014 INSC 876 · [2014] 11 S.C.R. 312
STATE OF PUNJAB v. LABH SINGH 313•public servant even after retirement. Therefore, if the A matter was considered by the sanctioning authority and the sanction to prosecute was rejected first on 13.09.2000 and secondly on 24.09.2003, the court could not have taken cognizance insofar as the offences punishable under the…
Supreme Court of India17 Dec 2014Full text
2014 INSC 874 · [2014] 14 S.C.R. 744
Delay/Laches - Petition u!Art.32 of the Constitution -Whether can be dismissed on the ground of delay/laches -Held: When it comes to violations of the fundamental right to life and personal liberty, delay or /aches by itself would not G be sufficient to shut the doors of the court on any petitioner-The present petition…
Supreme Court of India16 Dec 2014Full text
2014 INSC 871 · [2014] 13 S.C.R. 1298
F Kaushal Yadav, Adv. for the Appellant. Manjit Singh, AAG, Tarjit Singh, Mrs. Vivekta Singh, Kamal Mohan Gupta, Advs. for the Respondent. The Judgment of the Court was delivered by G PRAFULLA C.. PANT, J. 1. This appeal is directed against judgment and order dated 7.12.2010, passed by the High Court of Punjab and Hary…
Supreme Court of India16 Dec 2014Full text
2014 INSC 870 · [2014] 12 S.C.R. 517
518 SUPREME COURT REPORTS [2014] 12 S.C.R. A Partly allowing the appeal, the Court HELD: 1.1. Though in the instant case the accused were charged by the Sessions Court under Section 302 IPC, it is seen that the trial court did not make any serious attempt to make an inquiry in that regard. If there is8 evidence availab…
Supreme Court of India10 Feb 2014Full text
2014 INSC 87 · [2014] 2 S.C.R. 656
[2014] 2 S.C.R. 656 A PRATIMA CHOWDHURY v. KALPANA MUKHERJEE & ANR. (Civil Appeal No. 1938 of 2014) FEBRUARY 10, 2014 B [P. SATHASIVAM, CJI. AND JAGDISH SINGH KHEHAR, JJ.] TRANSFER OF PROPERTY ACT, 1882: c Housing Society - Transfer of membership/flat - Validity of - Flat given on rent to the son of the respondent - Le…
Supreme Court of India16 Dec 2014Full text
2014 INSC 869 · [2014] 12 S.C.R. 465
[2014] 12 S.C.R. 465 S. SESHACHALAM & ORS. ETC. A v. CHAIRMAN, BAR COUNCIL OF TAMIL. NADU & ORS. (Civil Appeal Nos. 11454-11459 of 2014) DECEMBER 16, 2014 B [M.Y. EQBAL AND R. BANUMATHI, JJ.] Tamil Nadu Advocates' Welfare Fund Act, 1987 - s. 16 Explanation II (5) Proviso - Payment of amount on cessation of practice - A…
Supreme Court of India12 Dec 2014Full text
2014 INSC 867 · [2014] 12 S.C.R. 441
F Sunil Batra v. Delhi Administration (1978) 4 SCC 494: .1979.(1) SCR392 - relied on. 3. The combined effect of the inordinate delay in disposal of Mercy Petition and the solitary confinement G for such a long period, has caused deprivation of the most cherished right. A case is definitely made out under · Article 32 o…
Supreme Court of India12 Dec 2014Full text
2014 INSC 865 · [2014] 12 S.C.R. 424
E Dismissing the appeals, the Court HELD: 1. The stand of the appellant has been vacillating. He first made a statement before the Bench of the High Court on 13th January, 2012 admitting the F charge. He sought to partly withdraw the said stand by filing an application for recall. Thereafter, in his petition in this Co…
Supreme Court of India12 Dec 2014Full text
2014 INSC 864 · [2014] 14 S.C.R. 244
[2014] 13 S.C.R. 244 A M/S. NOVAADS v. METROPOLITAN TRANSPORT CORPORATION AND ORS. B (Writ Petition (C) No. 223 of 2009) DECEMBER 12, 2014 [DIPAK MISRA AND UDAY UMESH LALIT, JJ.) c Chennai City Municipal Corporation Act, 1919 -ss.203, 285, 285-A, 295-8, 285-C - Power to deal with erection of bus shelters for passengers…
Supreme Court of India12 Dec 2014Full text
2014 INSC 864 · [2014] 13 S.C.R. 244
[2014] 13 S.C.R. 244 A M/S. NOVAADS v. METROPOLITAN TRANSPORT CORPORATION AND ORS. B (Writ Petition (C) No. 223 of 2009) DECEMBER 12, 2014 [DIPAK MISRA AND UDAY UMESH LALIT, JJ.) c Chennai City Municipal Corporation Act, 1919 -ss.203, 285, 285-A, 295-8, 285-C - Power to deal with erection of bus shelters for passengers…
Supreme Court of India11 Dec 2014Full text
2014 INSC 860 · [2014] 13 S.C.R. 175
175 176 SUPREME COURT REPORTS [2014] 13 S.C.R. A possession of the remaining land - Constitution of India, 1950-Arts. 227 and 300A. Notice - Non-service of notice and a notice though served but with some kind of procedural irregularities in serving - Distinction between - Explained. B Allowing the appeals, the Court HE…
Supreme Court of India10 Dec 2014Full text
2014 INSC 858 · [2014] 13 S.C.R. 291
All~wing the appeal, the Court F HELD: 1. Admittedly, the appellant is a beneficiary of the Trust and under the provisions of the Trusts Act, the Trustee has to act reasonably in exercise of his right of alienation under the terms of the trust deed. No doubt, G it may be permissible for the appellant to file a separate…
Supreme Court of India10 Dec 2014Full text
2014 INSC 855 · [2014] 14 S.C.R. 929
Disciplinary proceeding- Standard of proof- Held: The standard of proof in disciplinary pro_ceeding is that of. F. preponderance of probabilities arid not proof beyond reasonable doubt- Evidence. ' Maxims - 'Omnia praesumuntur rite esse acta' -Applicability of. G Allowing the appeal, the Court HELD : 1. The Single Judg…
Supreme Court of India10 Dec 2014Full text
2014 INSC 854 · [2014] 14 S.C.R. 1372
.. : Allowing the appeal, the Court HELD: 1. The scope of revisional jurisdiction of the High Court does not extend to re~appreciation of evidence. In exercise of revisional jurisdiction, the High G Court can interfere with the acquittal only if there is perversity in the order of acquittal. In the present case, the or…
Supreme Court of India9 Dec 2014Full text
2014 INSC 852 · [2014] 12 S.C.R. 405
v. NABILA AND ANOTHER. (Crimnal Appeal No. 2545 of 2014) B DECEMBER 09, 2014 [M.Y. EQBAL AND SHIVA KIRTI SINGH, JJ.] National Security Act, 1980: s.3(1)(a) - Preventive detention - Order of detention primarily based on the C confession!J/ statement leading to seizure of incriminating articles containing official secret…
Also on Law on Tips: Bare Acts · Legal news and analysis
1468 .. POOJARAVINDERDEVIDASANI v. STATE OF 1469 MAHARASHTRA&ANR. thereto. He has to examine the nature of allegations made A in the complaint and the evidence both oral and documentary in support thereof and would that be sufficient for the complainant to succeed in bringing charge holT!e to the accused. The Magistrat…
Supreme Court of India10 Feb 2014Full text
2014 INSC 88 · [2014] 1 S.C.R. 987
Allowing the appeal, the Court HELD: 1.1 In the instant case, the medical certificate E was belatedly submitted and the respondent had remained unauthorisedly absent from 28.08.1995. The Inquiry Officer found that both the charges had been proved. The disciplinary authority had ascribed reasons and passed an order of d…
Supreme Court of India17 Dec 2014Full text
2014 INSC 878 · [2014] 12 S.C.R. 505
506 SUPREME COURT REPORTS [2014] 12 S.C.R. A 1.2. According to the Investigating Officer, he arrested accused in. the presence of PW1. PWs 1 and 2 have also identified both of them as assailants during the trial in the court. In such circumstances, the omission to mention their names in the complaint does _not affect t…
Supreme Court of India17 Dec 2014Full text
2014 INSC 877 · [2014] 13 S.C.R. 1281
and Order dated 16. 07 .2007 of the Division Bench of…
Supreme Court of India17 Dec 2014Full text
2014 INSC 876 · [2014] 11 S.C.R. 312
STATE OF PUNJAB v. LABH SINGH 313•public servant even after retirement. Therefore, if the A matter was considered by the sanctioning authority and the sanction to prosecute was rejected first on 13.09.2000 and secondly on 24.09.2003, the court could not have taken cognizance insofar as the offences punishable under the…
Supreme Court of India17 Dec 2014Full text
2014 INSC 874 · [2014] 14 S.C.R. 744
Delay/Laches - Petition u!Art.32 of the Constitution -Whether can be dismissed on the ground of delay/laches -Held: When it comes to violations of the fundamental right to life and personal liberty, delay or /aches by itself would not G be sufficient to shut the doors of the court on any petitioner-The present petition…
Supreme Court of India16 Dec 2014Full text
2014 INSC 871 · [2014] 13 S.C.R. 1298
F Kaushal Yadav, Adv. for the Appellant. Manjit Singh, AAG, Tarjit Singh, Mrs. Vivekta Singh, Kamal Mohan Gupta, Advs. for the Respondent. The Judgment of the Court was delivered by G PRAFULLA C.. PANT, J. 1. This appeal is directed against judgment and order dated 7.12.2010, passed by the High Court of Punjab and Hary…
Supreme Court of India16 Dec 2014Full text
2014 INSC 870 · [2014] 12 S.C.R. 517
518 SUPREME COURT REPORTS [2014] 12 S.C.R. A Partly allowing the appeal, the Court HELD: 1.1. Though in the instant case the accused were charged by the Sessions Court under Section 302 IPC, it is seen that the trial court did not make any serious attempt to make an inquiry in that regard. If there is8 evidence availab…
Supreme Court of India10 Feb 2014Full text
2014 INSC 87 · [2014] 2 S.C.R. 656
[2014] 2 S.C.R. 656 A PRATIMA CHOWDHURY v. KALPANA MUKHERJEE & ANR. (Civil Appeal No. 1938 of 2014) FEBRUARY 10, 2014 B [P. SATHASIVAM, CJI. AND JAGDISH SINGH KHEHAR, JJ.] TRANSFER OF PROPERTY ACT, 1882: c Housing Society - Transfer of membership/flat - Validity of - Flat given on rent to the son of the respondent - Le…
Supreme Court of India16 Dec 2014Full text
2014 INSC 869 · [2014] 12 S.C.R. 465
[2014] 12 S.C.R. 465 S. SESHACHALAM & ORS. ETC. A v. CHAIRMAN, BAR COUNCIL OF TAMIL. NADU & ORS. (Civil Appeal Nos. 11454-11459 of 2014) DECEMBER 16, 2014 B [M.Y. EQBAL AND R. BANUMATHI, JJ.] Tamil Nadu Advocates' Welfare Fund Act, 1987 - s. 16 Explanation II (5) Proviso - Payment of amount on cessation of practice - A…
Supreme Court of India12 Dec 2014Full text
2014 INSC 867 · [2014] 12 S.C.R. 441
F Sunil Batra v. Delhi Administration (1978) 4 SCC 494: .1979.(1) SCR392 - relied on. 3. The combined effect of the inordinate delay in disposal of Mercy Petition and the solitary confinement G for such a long period, has caused deprivation of the most cherished right. A case is definitely made out under · Article 32 o…
Supreme Court of India12 Dec 2014Full text
2014 INSC 865 · [2014] 12 S.C.R. 424
E Dismissing the appeals, the Court HELD: 1. The stand of the appellant has been vacillating. He first made a statement before the Bench of the High Court on 13th January, 2012 admitting the F charge. He sought to partly withdraw the said stand by filing an application for recall. Thereafter, in his petition in this Co…
Supreme Court of India12 Dec 2014Full text
2014 INSC 864 · [2014] 14 S.C.R. 244
[2014] 13 S.C.R. 244 A M/S. NOVAADS v. METROPOLITAN TRANSPORT CORPORATION AND ORS. B (Writ Petition (C) No. 223 of 2009) DECEMBER 12, 2014 [DIPAK MISRA AND UDAY UMESH LALIT, JJ.) c Chennai City Municipal Corporation Act, 1919 -ss.203, 285, 285-A, 295-8, 285-C - Power to deal with erection of bus shelters for passengers…
Supreme Court of India12 Dec 2014Full text
2014 INSC 864 · [2014] 13 S.C.R. 244
[2014] 13 S.C.R. 244 A M/S. NOVAADS v. METROPOLITAN TRANSPORT CORPORATION AND ORS. B (Writ Petition (C) No. 223 of 2009) DECEMBER 12, 2014 [DIPAK MISRA AND UDAY UMESH LALIT, JJ.) c Chennai City Municipal Corporation Act, 1919 -ss.203, 285, 285-A, 295-8, 285-C - Power to deal with erection of bus shelters for passengers…
Supreme Court of India11 Dec 2014Full text
2014 INSC 860 · [2014] 13 S.C.R. 175
175 176 SUPREME COURT REPORTS [2014] 13 S.C.R. A possession of the remaining land - Constitution of India, 1950-Arts. 227 and 300A. Notice - Non-service of notice and a notice though served but with some kind of procedural irregularities in serving - Distinction between - Explained. B Allowing the appeals, the Court HE…
Supreme Court of India10 Dec 2014Full text
2014 INSC 858 · [2014] 13 S.C.R. 291
All~wing the appeal, the Court F HELD: 1. Admittedly, the appellant is a beneficiary of the Trust and under the provisions of the Trusts Act, the Trustee has to act reasonably in exercise of his right of alienation under the terms of the trust deed. No doubt, G it may be permissible for the appellant to file a separate…
Supreme Court of India10 Dec 2014Full text
2014 INSC 855 · [2014] 14 S.C.R. 929
Disciplinary proceeding- Standard of proof- Held: The standard of proof in disciplinary pro_ceeding is that of. F. preponderance of probabilities arid not proof beyond reasonable doubt- Evidence. ' Maxims - 'Omnia praesumuntur rite esse acta' -Applicability of. G Allowing the appeal, the Court HELD : 1. The Single Judg…
Supreme Court of India10 Dec 2014Full text
2014 INSC 854 · [2014] 14 S.C.R. 1372
.. : Allowing the appeal, the Court HELD: 1. The scope of revisional jurisdiction of the High Court does not extend to re~appreciation of evidence. In exercise of revisional jurisdiction, the High G Court can interfere with the acquittal only if there is perversity in the order of acquittal. In the present case, the or…
Supreme Court of India9 Dec 2014Full text
2014 INSC 852 · [2014] 12 S.C.R. 405
v. NABILA AND ANOTHER. (Crimnal Appeal No. 2545 of 2014) B DECEMBER 09, 2014 [M.Y. EQBAL AND SHIVA KIRTI SINGH, JJ.] National Security Act, 1980: s.3(1)(a) - Preventive detention - Order of detention primarily based on the C confession!J/ statement leading to seizure of incriminating articles containing official secret…
Also on Law on Tips: Bare Acts · Legal news and analysis