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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.
4,301–4,320 · Page 216 of 382
Supreme Court of India28 Oct 2014Full text
2014 INSC 741 · [2014] 13 S.C.R. 1
A. Saran, Sr. Adv., Amit Kumar, Ms. Rekha Bakshi, Shaurya Sahay for the Petitioner. Tushar Mehta, ASG, A. K Srivastava, C. R. Singh, Shyam E Divan, Shirish H. Sanjanwala, Sr.Advs .. Braj Kishore Mishra, Ms. Aparna Jha, Abhishek Yadav, Ejaz Maqbool, Mrigank Prabhakar, GauraveAgrawal,A. L. Shah, R. Shaa, P. Soma Sundaram…
Supreme Court of India27 Oct 2014Full text
2014 INSC 738 · [2014] 14 S.C.R. 1097
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.
4,301–4,320 · Page 216 of 382
Supreme Court of India28 Oct 2014Full text
2014 INSC 741 · [2014] 13 S.C.R. 1
A. Saran, Sr. Adv., Amit Kumar, Ms. Rekha Bakshi, Shaurya Sahay for the Petitioner. Tushar Mehta, ASG, A. K Srivastava, C. R. Singh, Shyam E Divan, Shirish H. Sanjanwala, Sr.Advs .. Braj Kishore Mishra, Ms. Aparna Jha, Abhishek Yadav, Ejaz Maqbool, Mrigank Prabhakar, GauraveAgrawal,A. L. Shah, R. Shaa, P. Soma Sundaram…
Supreme Court of India27 Oct 2014Full text
2014 INSC 738 · [2014] 14 S.C.R. 1097
. C However, there is no need to give su.ch a restricted meaning, since the true purpose of an application for recovery is to proceed to the logical end of execution and recovery itself, that is by way of execution and distraint. Thus, s.22 clearly covers and interdicts such D an application for recovery made under the…
Supreme Court of India17 Oct 2014Full text
2014 INSC 737 · [2014] 10 S.C.R. 1100
KULDEEP KAUR v. STATE OF UTTARAKHAND 1101 accused persons except the appellant and the said A judgment was affirmed by the High Court. There is no strong reason to agree with the judgment of conviction passed by the trial court and affirmed by the High Court as against the appellant. The judgment of conviction of the a…
Supreme Court of India17 Oct 2014Full text
2014 INSC 736 · [2014] 10 S.C.R. 1117
- s.482. Code of Criminal Procedure, 1973: F s. 482 - Exercise of power by High Court to quash criminal proceedings u/s 138 rlw s.141 of Negotiable Instrument Act against Directors of accused company -Principles culled out. G Disposing of the appeals, the Court HELD: 1.1. So far as Directors who are not signatories to …
Supreme Court of India17 Oct 2014Full text
2014 INSC 735 · [2014] 12 S.C.R. 193
G Allowing the appeal, the Court HELD: 1.1 Normal rule is that when a particular set of employees is given relief by the Court, all other identically situated persons need to be treated alike by 193 H 194 SUPREME COURT REPORTS (2014] 12 S.C.R. A extending that benefit. Not doing so would amount to discrimination and wo…
Supreme Court of India17 Oct 2014Full text
2014 INSC 734 · [2014] 10 S.C.R. 1153
[2014] 10 S.C.R. 1153 MAJ. GEN. KAPIL MEHRA & ORS. A v. UNION OF INDIA & ANR. (Civil Appeal Nos. 2545-2546/2012) OCTOBER 17, 2014 B [T.S. THAKUR AND R. BANUMATHI, JJ.] Land Acquisition Act, 1894 - s.23 - Acquisition of land - Market Value - Determination of - Held: Market value is determined with reference to the open …
Supreme Court of India17 Oct 2014Full text
2014 INSC 733 · [2014] 13 S.C.R. 540
- Appellants challenged the order of Tribunal by filing writ F petition - High Court relying on the decision in Gangadhar Singh's case dismissed the writ petition - Propriety of- Held: Not proper- The tribunal had no jurisdiction to differ with the decision given by High Court in the writ petition filed by the appellan…
Supreme Court of India16 Oct 2014Full text
2014 INSC 732 · [2014] 10 S.C.R. 1061
Code of Criminal Procedure, 1973: F 1 s.326(3) of the Code, rlw s.143 of NI Act- De novo trial in cases arising out of s. 138, NI Act - A de novo trial should be the last resort and that too only when such a course becomes so desperately indispensable - It should be limited G to the extreme exigency to avert "a failure…
Supreme Court of India16 Oct 2014Full text
2014 INSC 731 · [2014] 10 S.C.R. 1190
- Held: Inter se merit is inconsequential for promotions under Rule 4 of the 2004 Rules, insofar as promotions from Group 'D' service to the lowest ranks of ministerial posts in Group 'C' service, are concerned - Rule 4 postulates seniority as H 1190 STATE OF UTIARANCHAL v. C.S.R.KS. MEDICAL HEALTH 1191 SERVICES, UTTAR…
Supreme Court of India31 Jan 2014Full text
2014 INSC 73 · [2014] 1 S.C.R. 939
D The first respondent was State Government employee. The appellant was Chief Minister of Haryana. He was attending a function on 4.2.2001 when he received some complaint against the first respondent E from the crowd. On the basis of complaint, the appellant placed the first respondent under suspension. In due course, …
Supreme Court of India15 Oct 2014Full text
2014 INSC 729 · [2014] 11 S.C.R. 65
Shish P., N.P. Midha, S.K. Gupta, Balbir Singh Gupta for the Appellant. F Raja! Sharma, Dinesh Verma, Shbhasish Bhowmick for the Respondent. The Judgment of the ,Court was delivered by VIKRAMAJIT SEN, J. Leave granted. G 1. The Appellants essay to restore the concurrent views of the Additional Civil Judge (Senior Divis…
Supreme Court of India15 Oct 2014Full text
2014 INSC 728 · [2014] 11 S.C.R. 553
Disposing of the appeal, the Court HELD:1.1. Proof based on a DNA test would be F sufficient to dislodge a presumption under Section 112 of the Indian Evidence Act. Depending on the facts and circumstances of the case, it would be permissible for a Court to direct the holding of a DNA examination, to determine the vera…
Supreme Court of India15 Oct 2014Full text
2014 INSC 727 · [2014] 11 S.C.R. 76
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2641 of 2012. • From the Judgment & Order dated 22.12.2010 of the High G Court at Calcutta in W.P.S.T. No. 497 of 2010 WITH C.A. No. 2642, 2643, 2616 of 2012 and 9828 of 2014. H 76 STATE OF WEST BENGAL v. PRONAB 77 CHAKRABORTY• Kalyan Kr. Bandopadhyay, Anip Sachthey, Shag…
Supreme Court of India16 Oct 2014Full text
2014 INSC 726 · [2014] 14 S.C.R. 364
[2014] 14 S.C.R. 364 A VARUN SAINI & ORS; v.' GURU GOBI ND SINGH INDRAPRASHTHA UNIVERSITY (Writ Petition (Civil) No. 853 of 2014) B OCTOBER 16, 2014 [DIPAK MISRA AND UDAY UMESH LALIT, JJ.] Education/Educational Institutions: . . c All India Council for Technical Education Act, 1987 -Technical courses - Counseling and a…
Supreme Court of India14 Oct 2014Full text
2014 INSC 725 · [2014] 10 S.C.R. 1036
- Order affirmed by High Court - Held: Petitioner took prime D land of State and failed to comply with the conditions on which the land was allotted, for a long time - Accordingly, the land stands resumed by State Government and as per order of High Court, it stands re-vested in Gram Panchayat - Besides, the land was a…
Supreme Court of India14 Oct 2014Full text
2014 INSC 724 · [2014] 10 S.C.R. 929
930 SUPREME COURT REPORTS [2014] 10 S.C.R. A where she was a regular patient, is not a circumstance which would create any doubt about his integrity or conduct. [para 17] [941-E-G] 1.2. In so far as issuance of death certificate (Ex.P-3) issued by CW-13 is concerned, it has come on record that8 the doctor, CW-13 had se…
Supreme Court of India14 Oct 2014Full text
2014 INSC 722 · [2014] 10 S.C.R. 971
- 972 SUPREME COURT REPORTS [2014) 10 S.C.R. A before the appropriate forum where appeal could lay by paying the requisite fee. It could not have been unsettled by the High Court in exercise of the power under Article 227 of the Constitution of India. [Paras 16, 17) [979-B-D; 981-C-E] B R. Rathinavel Chettiar and Anr. …
Supreme Court of India14 Oct 2014Full text
2014 INSC 721 · [2014] 10 S.C.R. 1004
Code of Civil Procedure, 1908: F 0. 21, rr. 99 to 103- Execution of ex-parte decree - Power of executing court - Application filed by stranger claiming right, title and interest in the property subject matter of execution - Execution court has the authority to adjudicate all the questions pertaining to right, title or …
Supreme Court of India14 Oct 2014Full text
2014 INSC 720 · [2014] 14 S.C.R. 1124
Allowing the appeals, the Court G HELD: 1.1 After completion of investigation, CBI filed charge-sheet in the Court of Special Judge to deal with the cases in the Prevention of Corruption Act, 1947 as also under the Penal Code. The procedure and the powers of the Special Judge have been prescribed in H Section 5 of the …
Supreme Court of India31 Jan 2014Full text
2014 INSC 72 · [2014] 4 S.C.R. 10
- When workers are engaged in such hazardous and risky jobs, then responsibility and duty on State is double-fold --Occupational health and safety issues of CFTPPs are E associated with thermal discharge, air and coal emission, fire hazards, explosion hazards etc. -- Necessity for constant supervision and the drive to …
Also on Law on Tips: Bare Acts · Legal news and analysis
. C However, there is no need to give su.ch a restricted meaning, since the true purpose of an application for recovery is to proceed to the logical end of execution and recovery itself, that is by way of execution and distraint. Thus, s.22 clearly covers and interdicts such D an application for recovery made under the…
Supreme Court of India17 Oct 2014Full text
2014 INSC 737 · [2014] 10 S.C.R. 1100
KULDEEP KAUR v. STATE OF UTTARAKHAND 1101 accused persons except the appellant and the said A judgment was affirmed by the High Court. There is no strong reason to agree with the judgment of conviction passed by the trial court and affirmed by the High Court as against the appellant. The judgment of conviction of the a…
Supreme Court of India17 Oct 2014Full text
2014 INSC 736 · [2014] 10 S.C.R. 1117
- s.482. Code of Criminal Procedure, 1973: F s. 482 - Exercise of power by High Court to quash criminal proceedings u/s 138 rlw s.141 of Negotiable Instrument Act against Directors of accused company -Principles culled out. G Disposing of the appeals, the Court HELD: 1.1. So far as Directors who are not signatories to …
Supreme Court of India17 Oct 2014Full text
2014 INSC 735 · [2014] 12 S.C.R. 193
G Allowing the appeal, the Court HELD: 1.1 Normal rule is that when a particular set of employees is given relief by the Court, all other identically situated persons need to be treated alike by 193 H 194 SUPREME COURT REPORTS (2014] 12 S.C.R. A extending that benefit. Not doing so would amount to discrimination and wo…
Supreme Court of India17 Oct 2014Full text
2014 INSC 734 · [2014] 10 S.C.R. 1153
[2014] 10 S.C.R. 1153 MAJ. GEN. KAPIL MEHRA & ORS. A v. UNION OF INDIA & ANR. (Civil Appeal Nos. 2545-2546/2012) OCTOBER 17, 2014 B [T.S. THAKUR AND R. BANUMATHI, JJ.] Land Acquisition Act, 1894 - s.23 - Acquisition of land - Market Value - Determination of - Held: Market value is determined with reference to the open …
Supreme Court of India17 Oct 2014Full text
2014 INSC 733 · [2014] 13 S.C.R. 540
- Appellants challenged the order of Tribunal by filing writ F petition - High Court relying on the decision in Gangadhar Singh's case dismissed the writ petition - Propriety of- Held: Not proper- The tribunal had no jurisdiction to differ with the decision given by High Court in the writ petition filed by the appellan…
Supreme Court of India16 Oct 2014Full text
2014 INSC 732 · [2014] 10 S.C.R. 1061
Code of Criminal Procedure, 1973: F 1 s.326(3) of the Code, rlw s.143 of NI Act- De novo trial in cases arising out of s. 138, NI Act - A de novo trial should be the last resort and that too only when such a course becomes so desperately indispensable - It should be limited G to the extreme exigency to avert "a failure…
Supreme Court of India16 Oct 2014Full text
2014 INSC 731 · [2014] 10 S.C.R. 1190
- Held: Inter se merit is inconsequential for promotions under Rule 4 of the 2004 Rules, insofar as promotions from Group 'D' service to the lowest ranks of ministerial posts in Group 'C' service, are concerned - Rule 4 postulates seniority as H 1190 STATE OF UTIARANCHAL v. C.S.R.KS. MEDICAL HEALTH 1191 SERVICES, UTTAR…
Supreme Court of India31 Jan 2014Full text
2014 INSC 73 · [2014] 1 S.C.R. 939
D The first respondent was State Government employee. The appellant was Chief Minister of Haryana. He was attending a function on 4.2.2001 when he received some complaint against the first respondent E from the crowd. On the basis of complaint, the appellant placed the first respondent under suspension. In due course, …
Supreme Court of India15 Oct 2014Full text
2014 INSC 729 · [2014] 11 S.C.R. 65
Shish P., N.P. Midha, S.K. Gupta, Balbir Singh Gupta for the Appellant. F Raja! Sharma, Dinesh Verma, Shbhasish Bhowmick for the Respondent. The Judgment of the ,Court was delivered by VIKRAMAJIT SEN, J. Leave granted. G 1. The Appellants essay to restore the concurrent views of the Additional Civil Judge (Senior Divis…
Supreme Court of India15 Oct 2014Full text
2014 INSC 728 · [2014] 11 S.C.R. 553
Disposing of the appeal, the Court HELD:1.1. Proof based on a DNA test would be F sufficient to dislodge a presumption under Section 112 of the Indian Evidence Act. Depending on the facts and circumstances of the case, it would be permissible for a Court to direct the holding of a DNA examination, to determine the vera…
Supreme Court of India15 Oct 2014Full text
2014 INSC 727 · [2014] 11 S.C.R. 76
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2641 of 2012. • From the Judgment & Order dated 22.12.2010 of the High G Court at Calcutta in W.P.S.T. No. 497 of 2010 WITH C.A. No. 2642, 2643, 2616 of 2012 and 9828 of 2014. H 76 STATE OF WEST BENGAL v. PRONAB 77 CHAKRABORTY• Kalyan Kr. Bandopadhyay, Anip Sachthey, Shag…
Supreme Court of India16 Oct 2014Full text
2014 INSC 726 · [2014] 14 S.C.R. 364
[2014] 14 S.C.R. 364 A VARUN SAINI & ORS; v.' GURU GOBI ND SINGH INDRAPRASHTHA UNIVERSITY (Writ Petition (Civil) No. 853 of 2014) B OCTOBER 16, 2014 [DIPAK MISRA AND UDAY UMESH LALIT, JJ.] Education/Educational Institutions: . . c All India Council for Technical Education Act, 1987 -Technical courses - Counseling and a…
Supreme Court of India14 Oct 2014Full text
2014 INSC 725 · [2014] 10 S.C.R. 1036
- Order affirmed by High Court - Held: Petitioner took prime D land of State and failed to comply with the conditions on which the land was allotted, for a long time - Accordingly, the land stands resumed by State Government and as per order of High Court, it stands re-vested in Gram Panchayat - Besides, the land was a…
Supreme Court of India14 Oct 2014Full text
2014 INSC 724 · [2014] 10 S.C.R. 929
930 SUPREME COURT REPORTS [2014] 10 S.C.R. A where she was a regular patient, is not a circumstance which would create any doubt about his integrity or conduct. [para 17] [941-E-G] 1.2. In so far as issuance of death certificate (Ex.P-3) issued by CW-13 is concerned, it has come on record that8 the doctor, CW-13 had se…
Supreme Court of India14 Oct 2014Full text
2014 INSC 722 · [2014] 10 S.C.R. 971
- 972 SUPREME COURT REPORTS [2014) 10 S.C.R. A before the appropriate forum where appeal could lay by paying the requisite fee. It could not have been unsettled by the High Court in exercise of the power under Article 227 of the Constitution of India. [Paras 16, 17) [979-B-D; 981-C-E] B R. Rathinavel Chettiar and Anr. …
Supreme Court of India14 Oct 2014Full text
2014 INSC 721 · [2014] 10 S.C.R. 1004
Code of Civil Procedure, 1908: F 0. 21, rr. 99 to 103- Execution of ex-parte decree - Power of executing court - Application filed by stranger claiming right, title and interest in the property subject matter of execution - Execution court has the authority to adjudicate all the questions pertaining to right, title or …
Supreme Court of India14 Oct 2014Full text
2014 INSC 720 · [2014] 14 S.C.R. 1124
Allowing the appeals, the Court G HELD: 1.1 After completion of investigation, CBI filed charge-sheet in the Court of Special Judge to deal with the cases in the Prevention of Corruption Act, 1947 as also under the Penal Code. The procedure and the powers of the Special Judge have been prescribed in H Section 5 of the …
Supreme Court of India31 Jan 2014Full text
2014 INSC 72 · [2014] 4 S.C.R. 10
- When workers are engaged in such hazardous and risky jobs, then responsibility and duty on State is double-fold --Occupational health and safety issues of CFTPPs are E associated with thermal discharge, air and coal emission, fire hazards, explosion hazards etc. -- Necessity for constant supervision and the drive to …
Also on Law on Tips: Bare Acts · Legal news and analysis