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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.
4,321–4,340 · Page 217 of 382
Supreme Court of India14 Oct 2014Full text
2014 INSC 717 · [2014] 10 S.C.R. 982
2. The respondent filed a civil suit. However, withdrew the suit. Once the suit is withdrawn, that acts as constructive res judicata having regard to the provision of Order XXlll Rule 1, CPC. Also, when suit is H 984 SUPREME COURT REPORTS [2014] 10 S.C.R. A dismissed under Order IX Rule 8 CPC, fresh suit under Order IX…
Supreme Court of India14 Oct 2014Full text
2014 INSC 716 · [2014] 10 S.C.R. 778
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.
4,321–4,340 · Page 217 of 382
Supreme Court of India14 Oct 2014Full text
2014 INSC 717 · [2014] 10 S.C.R. 982
2. The respondent filed a civil suit. However, withdrew the suit. Once the suit is withdrawn, that acts as constructive res judicata having regard to the provision of Order XXlll Rule 1, CPC. Also, when suit is H 984 SUPREME COURT REPORTS [2014] 10 S.C.R. A dismissed under Order IX Rule 8 CPC, fresh suit under Order IX…
Supreme Court of India14 Oct 2014Full text
2014 INSC 716 · [2014] 10 S.C.R. 778
2. It was held in *State of Rajasthan vs. Jaggu Ram that where an offence like murder is committed in secrecy inside a house, the initial burden to establish the case would undoubtedly be upon the prosecution, but the nature and amount of evidence to be led by it to establish G the charge cannot be of the same degree a…
Supreme Court of India14 Oct 2014Full text
2014 INSC 715 · [2014] 10 S.C.R. 1021
D Case Law Reference: 2011 (1) SCR 724 referred to para 16 2010 (12) SCR 710 referred to para 17 2012 (5) SCR 895 referred to para 18E CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 46 of 2007. From the Judgment and Order dated 25.08.2005 of the F High Court of Karnataka at Bangalore in Criminal Appeal No. 828 o…
Supreme Court of India14 Oct 2014Full text
2014 INSC 714 · [2014] 10 S.C.R. 953
Poma/ Kanji Govindji & Ors.· v. Vraj/al Karsandas Purohit C & Ors. 1988(3) Suppl. SCR 826 = 1989 (1) SCC 458 - relied on All Indian Film Corpoation Ltd. & Ors. v. Sri Raja Gyan Nath & Ors. 1969 (3) SCC 79; Mis. Sacha/ma/ Parasam v. Smt. Ratnabai & Ors. 1973 (3) SCC 198; Shivdev Singh & D Anr. v. Sucha Singh & Anr. 2000…
Supreme Court of India14 Oct 2014Full text
2014 INSC 710 · [2014] 11 S.C.R. 51
Dismissing the appeal, the Court HELD: 1. Judicial process should not be an .E instrument of oppression or needless harassment. The court should be circumspect and judicious in exercising discretion and should take all the relevant facts and circumstances into consideration before issuing process lest it would be an in…
Supreme Court of India13 Oct 2014Full text
2014 INSC 710 · [2014] 10 S.C.R. 902
Milind Kumar for the Appellant. . 8 John Mathew (a.c.) for the Respondent. The Judgment of the Court was delivered by (SMT.) RANJANA PRAKASH DESAI, J. 1. Leave C granted. 2. The respondent was tried along with two others viz. Sabena and Mohd. Daud by the Additional District & Sessions Judge (Fast Track}, Sikkar, Rajast…
Supreme Court of India30 Jan 2014Full text
2014 INSC 71 · [2014] 2 S.C.R. 167
Case Law Reference: 2005 (2) Suppl. SCR 1030 referred to para 4 F CIVIL APPELLATE JURISDICTION : Civil Appeal No. 8221 of 2011. From the Judgment and Order dated 27.01.2009 of the High Court of Delhi at New Delhi in FAQ (OS) No. 290 of 2008. G Shyam Diwan, Gaurav Choudhary, Nirman Sharma, Gaurav Kejriwal for the Appell…
Supreme Court of India13 Oct 2014Full text
2014 INSC 708 · [2014] 10 S.C.R. 1050
F Allowing the appeal, the Court HELD: The High Court did not deal with any of the submissions urged by the appellant and/or respondent nor it took note of the grounds taken by the appellant in G grounds of appeal nor made any attempt to appreciate the evidence adduced by the parties in the light of the settled legal p…
Supreme Court of India10 Oct 2014Full text
2014 INSC 707 · [2014] 14 S.C.R. 180
- Corrections to be carried out in terms of Annexure -Criminal Miscellaneous Petitions allowed accordingly. D CRIMINALAPPELLATE JURISDICTION: Criminal M. P. Nos. 14533-14534 of 2014 in Criminc1I Appeal Nos. 1240-1241 of2010. From the Judgment and Order dated 05.02.2010 in DR. E No. 2/05 of the High Court of Calcutta. W…
Supreme Court of India10 Oct 2014Full text
2014 INSC 705 · [2014] 12 S.C.R. 1132
Sharannagouda Patil, Supreeta Patil (for S. Legal Associates) for the Appellant. Abhinav Mukerji for the Respondents. D The following Order of the Court was delivered ORDER 1. Leave granted. E 2. Unwrapping the events, which have led to the filing of the instant appeal, depict the following scenario: On 23.09.2007, the…
Supreme Court of India10 Oct 2014Full text
2014 INSC 704 · [2014] 10 S.C.R. 892
H STATE OF MADHYA PRADESH v. RAMANAND 893 PANDEY • is clearly erroneous and against the law. The same is, A accordingly, reversed. (para 12,14,15 and 16] [898-F; 900-B; 901-B-F] Union of India v. K. V. Janakiraman & Ors. 1991(3) SCR 790 = 1991 (4) sec 109 - held inapplicable. B Case Law Reference: 1991 (3) SCR 790 held…
Supreme Court of India10 Oct 2014Full text
2014 INSC 703 · [2014] 10 S.C.R. 762
D Prabhash Kr. Yadav (For V.K. Monga) for the Appellant. R. Balasubramanian, R.K. Rathore, Rekha Pandey (For D.S. Mahra), Kamal Mohan Gupta for the Respondent. E The Judgment of the Court was delivered by JAGDISH SINGH KHEHAR, J. 1. M/s. Bhagwati Vanaspati Traders, the appellant before us, is a proprietorship concern. …
Supreme Court of India10 Oct 2014Full text
2014 INSC 702 · [2014] 10 S.C.R. 864
[2014] 10 S.C.R. 864 A A TAJUDEEN v. UNION OF INDIA (Civil Appeal No. 5773 of 2009) OCTOBER 10, 2014 B [JAGDISH SINGH KHEHAR AND C. NAGAPPAN, JJ.] Foreign Exchange Regulation Act, 1973: c ss. 9(1 )(b) and 50 - Proceedings initiated against appellant for violation of provisions of s.9(1)(b) - Authorities relying upon a …
Supreme Court of India10 Oct 2014Full text
2014 INSC 701 · [2014] 11 S.C.R. 31
(2014) 11 S.C.R. 31• RASHEEDA KHATOON (D) THROUGH LRS. A v. ASHIQ ALI S/O LT. ABU MOHD (D) THROUGH LRS. (Civil Appeal No. 603 of 2009 etc.) OCTOBER 10, 2014 B [DIPAK MISRA AND VIKRAMAJIT SEN, JJ.] Mohammedan Law - Oral gift (Hiba) - Validity of - Suit for declaration as owner in possession - On the basis of oral gift w…
Supreme Court of India30 Jan 2014Full text
2014 INSC 70 · [2014] 2 S.C.R. 175
E s.276CC rlw ss.142 and 148 - Held: Offence· u/s 276CC is attracted on failure to comply with the provisions of s. 139(1) or failure to respond to the notice issued u/s 142 or s. 148 of the Act within the time limit specified therein. F s.276CC - Prosecution - Pendency of appeal - Effect of - Held:Pendency of the appe…
Supreme Court of India6 Jan 2014Full text
2014 INSC 7 · [2014] 1 S.C.R. 99
[2014] 1 S.C.R. 99 M.B. SURESH A v. STATE OF KARNATAKA (Criminal Appeal No. 985 of 2007) JANUARY 06, 2014 B [CHANDRAMAULI KR.PRASAD AND JAGDISH SINGH KHEHAR, JJ.] PENAL CODE, 1860: c ss. 299, 302 and 307 - Victim shot at from a distant range - Death of victim on the way to village - Acquittal by trial court - Convictio…
Supreme Court of India9 Oct 2014Full text
2014 INSC 699 · [2014] 12 S.C.R. 179
G CIVIL APPELLATE JURISDICTION : Civil Appeal No. 9379 of 2014. From the Judgment & Order dated 26.07.2012 of the High 179 H 180 SUPREME COURT REPORTS [2014] 12 S.C.R. A Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No. 8415 of 2012. WITH C.A. No. 9380 of 2014. B Jasbir Singh Malik, S.K. Sabharwal fo…
Supreme Court of India9 Oct 2014Full text
2014 INSC 698 · [2014] 12 S.C.R. 187
Allowing the appeal with costs, the Court E HELD : Respondent No. 1, who was power of attorney holder of -Respondent No. 2, cannot be allowed to maintain the appeal on his own behalf to protract the eviction proceedings. The proceeding has been drawn against unauthorised occupant (respondent No. 2) and F to escape :evi…
Supreme Court of India9 Oct 2014Full text
2014 INSC 697 · [2014] 10 S.C.R. 843
844 SUPREME COURT REPORTS [2014] 10 S.C.R. A Development Rights (TOR) under Development Control Regulations, i.e. DCRN-24 in respect of the subject land. Dismissing the appeals, the Court HELD: 1.1. The concept of TOR involves the B surrender of land reserved for various public purposes in the development plan free of …
Supreme Court of India9 Oct 2014Full text
2014 INSC 696 · [2014] 12 S.C.R. 1120
Disposing of the appeals, the Court E HELD:1. What is relevant under Section 8(1) of the Orissa Estate Abolition Act, 1951, to confer the benefit of continuity of tenure to the tenant is possession as well as cultivation of the land as on the date of vesting. F Therefore what was required to be established by the plain…
Also on Law on Tips: Bare Acts · Legal news and analysis
2. It was held in *State of Rajasthan vs. Jaggu Ram that where an offence like murder is committed in secrecy inside a house, the initial burden to establish the case would undoubtedly be upon the prosecution, but the nature and amount of evidence to be led by it to establish G the charge cannot be of the same degree a…
Supreme Court of India14 Oct 2014Full text
2014 INSC 715 · [2014] 10 S.C.R. 1021
D Case Law Reference: 2011 (1) SCR 724 referred to para 16 2010 (12) SCR 710 referred to para 17 2012 (5) SCR 895 referred to para 18E CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 46 of 2007. From the Judgment and Order dated 25.08.2005 of the F High Court of Karnataka at Bangalore in Criminal Appeal No. 828 o…
Supreme Court of India14 Oct 2014Full text
2014 INSC 714 · [2014] 10 S.C.R. 953
Poma/ Kanji Govindji & Ors.· v. Vraj/al Karsandas Purohit C & Ors. 1988(3) Suppl. SCR 826 = 1989 (1) SCC 458 - relied on All Indian Film Corpoation Ltd. & Ors. v. Sri Raja Gyan Nath & Ors. 1969 (3) SCC 79; Mis. Sacha/ma/ Parasam v. Smt. Ratnabai & Ors. 1973 (3) SCC 198; Shivdev Singh & D Anr. v. Sucha Singh & Anr. 2000…
Supreme Court of India14 Oct 2014Full text
2014 INSC 710 · [2014] 11 S.C.R. 51
Dismissing the appeal, the Court HELD: 1. Judicial process should not be an .E instrument of oppression or needless harassment. The court should be circumspect and judicious in exercising discretion and should take all the relevant facts and circumstances into consideration before issuing process lest it would be an in…
Supreme Court of India13 Oct 2014Full text
2014 INSC 710 · [2014] 10 S.C.R. 902
Milind Kumar for the Appellant. . 8 John Mathew (a.c.) for the Respondent. The Judgment of the Court was delivered by (SMT.) RANJANA PRAKASH DESAI, J. 1. Leave C granted. 2. The respondent was tried along with two others viz. Sabena and Mohd. Daud by the Additional District & Sessions Judge (Fast Track}, Sikkar, Rajast…
Supreme Court of India30 Jan 2014Full text
2014 INSC 71 · [2014] 2 S.C.R. 167
Case Law Reference: 2005 (2) Suppl. SCR 1030 referred to para 4 F CIVIL APPELLATE JURISDICTION : Civil Appeal No. 8221 of 2011. From the Judgment and Order dated 27.01.2009 of the High Court of Delhi at New Delhi in FAQ (OS) No. 290 of 2008. G Shyam Diwan, Gaurav Choudhary, Nirman Sharma, Gaurav Kejriwal for the Appell…
Supreme Court of India13 Oct 2014Full text
2014 INSC 708 · [2014] 10 S.C.R. 1050
F Allowing the appeal, the Court HELD: The High Court did not deal with any of the submissions urged by the appellant and/or respondent nor it took note of the grounds taken by the appellant in G grounds of appeal nor made any attempt to appreciate the evidence adduced by the parties in the light of the settled legal p…
Supreme Court of India10 Oct 2014Full text
2014 INSC 707 · [2014] 14 S.C.R. 180
- Corrections to be carried out in terms of Annexure -Criminal Miscellaneous Petitions allowed accordingly. D CRIMINALAPPELLATE JURISDICTION: Criminal M. P. Nos. 14533-14534 of 2014 in Criminc1I Appeal Nos. 1240-1241 of2010. From the Judgment and Order dated 05.02.2010 in DR. E No. 2/05 of the High Court of Calcutta. W…
Supreme Court of India10 Oct 2014Full text
2014 INSC 705 · [2014] 12 S.C.R. 1132
Sharannagouda Patil, Supreeta Patil (for S. Legal Associates) for the Appellant. Abhinav Mukerji for the Respondents. D The following Order of the Court was delivered ORDER 1. Leave granted. E 2. Unwrapping the events, which have led to the filing of the instant appeal, depict the following scenario: On 23.09.2007, the…
Supreme Court of India10 Oct 2014Full text
2014 INSC 704 · [2014] 10 S.C.R. 892
H STATE OF MADHYA PRADESH v. RAMANAND 893 PANDEY • is clearly erroneous and against the law. The same is, A accordingly, reversed. (para 12,14,15 and 16] [898-F; 900-B; 901-B-F] Union of India v. K. V. Janakiraman & Ors. 1991(3) SCR 790 = 1991 (4) sec 109 - held inapplicable. B Case Law Reference: 1991 (3) SCR 790 held…
Supreme Court of India10 Oct 2014Full text
2014 INSC 703 · [2014] 10 S.C.R. 762
D Prabhash Kr. Yadav (For V.K. Monga) for the Appellant. R. Balasubramanian, R.K. Rathore, Rekha Pandey (For D.S. Mahra), Kamal Mohan Gupta for the Respondent. E The Judgment of the Court was delivered by JAGDISH SINGH KHEHAR, J. 1. M/s. Bhagwati Vanaspati Traders, the appellant before us, is a proprietorship concern. …
Supreme Court of India10 Oct 2014Full text
2014 INSC 702 · [2014] 10 S.C.R. 864
[2014] 10 S.C.R. 864 A A TAJUDEEN v. UNION OF INDIA (Civil Appeal No. 5773 of 2009) OCTOBER 10, 2014 B [JAGDISH SINGH KHEHAR AND C. NAGAPPAN, JJ.] Foreign Exchange Regulation Act, 1973: c ss. 9(1 )(b) and 50 - Proceedings initiated against appellant for violation of provisions of s.9(1)(b) - Authorities relying upon a …
Supreme Court of India10 Oct 2014Full text
2014 INSC 701 · [2014] 11 S.C.R. 31
(2014) 11 S.C.R. 31• RASHEEDA KHATOON (D) THROUGH LRS. A v. ASHIQ ALI S/O LT. ABU MOHD (D) THROUGH LRS. (Civil Appeal No. 603 of 2009 etc.) OCTOBER 10, 2014 B [DIPAK MISRA AND VIKRAMAJIT SEN, JJ.] Mohammedan Law - Oral gift (Hiba) - Validity of - Suit for declaration as owner in possession - On the basis of oral gift w…
Supreme Court of India30 Jan 2014Full text
2014 INSC 70 · [2014] 2 S.C.R. 175
E s.276CC rlw ss.142 and 148 - Held: Offence· u/s 276CC is attracted on failure to comply with the provisions of s. 139(1) or failure to respond to the notice issued u/s 142 or s. 148 of the Act within the time limit specified therein. F s.276CC - Prosecution - Pendency of appeal - Effect of - Held:Pendency of the appe…
Supreme Court of India6 Jan 2014Full text
2014 INSC 7 · [2014] 1 S.C.R. 99
[2014] 1 S.C.R. 99 M.B. SURESH A v. STATE OF KARNATAKA (Criminal Appeal No. 985 of 2007) JANUARY 06, 2014 B [CHANDRAMAULI KR.PRASAD AND JAGDISH SINGH KHEHAR, JJ.] PENAL CODE, 1860: c ss. 299, 302 and 307 - Victim shot at from a distant range - Death of victim on the way to village - Acquittal by trial court - Convictio…
Supreme Court of India9 Oct 2014Full text
2014 INSC 699 · [2014] 12 S.C.R. 179
G CIVIL APPELLATE JURISDICTION : Civil Appeal No. 9379 of 2014. From the Judgment & Order dated 26.07.2012 of the High 179 H 180 SUPREME COURT REPORTS [2014] 12 S.C.R. A Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No. 8415 of 2012. WITH C.A. No. 9380 of 2014. B Jasbir Singh Malik, S.K. Sabharwal fo…
Supreme Court of India9 Oct 2014Full text
2014 INSC 698 · [2014] 12 S.C.R. 187
Allowing the appeal with costs, the Court E HELD : Respondent No. 1, who was power of attorney holder of -Respondent No. 2, cannot be allowed to maintain the appeal on his own behalf to protract the eviction proceedings. The proceeding has been drawn against unauthorised occupant (respondent No. 2) and F to escape :evi…
Supreme Court of India9 Oct 2014Full text
2014 INSC 697 · [2014] 10 S.C.R. 843
844 SUPREME COURT REPORTS [2014] 10 S.C.R. A Development Rights (TOR) under Development Control Regulations, i.e. DCRN-24 in respect of the subject land. Dismissing the appeals, the Court HELD: 1.1. The concept of TOR involves the B surrender of land reserved for various public purposes in the development plan free of …
Supreme Court of India9 Oct 2014Full text
2014 INSC 696 · [2014] 12 S.C.R. 1120
Disposing of the appeals, the Court E HELD:1. What is relevant under Section 8(1) of the Orissa Estate Abolition Act, 1951, to confer the benefit of continuity of tenure to the tenant is possession as well as cultivation of the land as on the date of vesting. F Therefore what was required to be established by the plain…
Also on Law on Tips: Bare Acts · Legal news and analysis