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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.
421–440 · Page 22 of 382
Supreme Court of India2 Jul 2019Full text
2019 INSC 714 · [2019] 9 S.C.R. 29
cordon and carry out search in a village in the Jammu and Kashmir – On reaching the village there was exchange of fire, after which the militants took cover in a maize field – When the appellant and the group in which he was given the responsibility to search the house was searching the said house, they heard firing fr…
Supreme Court of India2 Jul 2019Full text
2019 INSC 713 · [2019] 9 S.C.R. 10
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.
421–440 · Page 22 of 382
Supreme Court of India2 Jul 2019Full text
2019 INSC 714 · [2019] 9 S.C.R. 29
cordon and carry out search in a village in the Jammu and Kashmir – On reaching the village there was exchange of fire, after which the militants took cover in a maize field – When the appellant and the group in which he was given the responsibility to search the house was searching the said house, they heard firing fr…
Supreme Court of India2 Jul 2019Full text
2019 INSC 713 · [2019] 9 S.C.R. 10
the instance of defendant nos.35 was not maintainable, cannot be accepted –In the written statement, defendant nos.1 & 2 admitted that defendant no.3 and late ‘M’ were the children of ‘JDA’ – Nothing has been pointed out that unlike in Hindu law, there is any law prohibiting the Christian couple to adopt male or female…
Supreme Court of India2 Jul 2019Full text
2019 INSC 712 · [2019] 8 S.C.R. 899
KST). Ms. Charanya Lakshmikumaran, Shanthakukmar Mahale, Aaditya Bhattacharya, Ms. Apeksha Mehta, Victor Das, Manish Rastogi, Rajesh Mahale, Advs. for the Appellant. E Devadatt Kamat, Sr. Adv./AAG, V.N. Raghupathy, Javedur Rahman, Rajesh Inamdar, Aditya Bhat, Manendra Pal Gupta, Advs. for the Respondents. The Judgment …
Supreme Court of India2 Jul 2019Full text
2019 INSC 711 · [2019] 8 S.C.R. 1017
M/S ADANI POWER (MUNDRA) LTD. v. GUJARAT 1019 ELECTRICITY REGULATORY COMMISSION compensatory tariff payable to the appellant from the date of A termination of the PPA – CERC (Terms and Conditions of Tariff) Regulations 2009. Doctrines/Principles – Principle of Business Efficacy – Discussed. B Allowing the appeal,…
Supreme Court of India1 Jul 2019Full text
2019 INSC 710 · [2019] 8 S.C.R. 811
[2019] 8 S.C.R. 811 811 SATVINDER SINGH @ SATVINDER SINGH SALUJA & ORS. A v. THE STATE OF BIHAR (Criminal Appeal No. 951 of 2019) JULY 01, 2019 B [ASHOK BHUSHAN AND K. M. JOSEPH, JJ.] Bihar Excise Act, 1915: ss. 2(17A) and 53(a) [as inserted by Bihar Excise (Amendment) Act, 2016] – Offence of Consumption of liquor in p…
Supreme Court of India22 Jan 2019Full text
2019 INSC 71 · [2019] 1 S.C.R. 941
– However, the High Court confirmed the judgment and decree E passed by the trial Court – Appellants-defendants contended that plaintiff was not the son of ‘M’ as he was born in the year 1949 and his alleged father ‘M’ had expired in the year 1947 and furthermore, ‘V’ was a Hindu woman by religion she had no right over…
Supreme Court of India1 Jul 2019Full text
2019 INSC 709 · [2019] 8 S.C.R. 799
judicial mind to determine as to whether prima facie case is made out against the accused – The facts of the present case persuaded the trial court to arrive at a conclusion that prima facie case of alleged offences were made out, truth and veracity of which was to be examined during the course of trial – Order of cour…
Supreme Court of India1 Jul 2019Full text
2019 INSC 708 · [2019] 8 S.C.R. 999
– Hindu Succession Act, 1956 – Doctrine of lis pendens. Family Law – Power of Karta to sell coparcenary property – C Held: Power of Karta to sell coparcenary property is subject to certain restrictions viz. the sale should be for legal necessity or for the benefit of the estate – Onus for establishing the existence of …
Supreme Court of India1 Jul 2019Full text
2019 INSC 707 · [2019] 8 S.C.R. 1058
D Allowing the appeals, the Court HELD : 1. The plaint can and must be rejected in exercise of powers under Order 7 Rule 11(d) of CPC on account of non-compliance of mandatory requirements or being replete with any E institutional deficiency at the time of presentation of the plaint, ascribable to clauses (a) to (f) of…
Supreme Court of India1 Jul 2019Full text
2019 INSC 706 · [2019] 8 S.C.R. 824
H 824 PRADEEP RAM v. THE STATE OF JHARKHAND & ANR. 825 FIR: A Re-registration of FIR – After addition of offences under Unlawful Activities (Prevention) Act, to the FIR – Whether barred being a second FIR – Held: Second FIR with regard to the same offences is barred – But, in the facts of the present case, re-registrat…
Supreme Court of India1 Jul 2019Full text
2019 INSC 705 · [2019] 8 S.C.R. 927
HELD : 1. The crux of the controversy is the jurisdiction and the extent to which the court can examine the determination D of the fee structure by the Telangana Admission and Fee Regulatory Committee (TAFRC) and approved by the State government, in exercise of the powers of judicial review. The TAFRC, a statutory body…
Supreme Court of India1 Jul 2019Full text
2019 INSC 704 · [2019] 8 S.C.R. 986
986 SUPREME COURT[2019]REPORTS8 S.C.R. 986 [2019] 8 S.C.R. A PARMINDER SINGH v. NEW INDIA ASSURANCE CO. LTD. & ORS. (Civil Appeal No. 5123 of 2019) B JULY 01, 2019 [INDU MALHOTRA AND M. R. SHAH, JJ.] Motor Vehicles Act, 1988 – Permannet disbaility due to accident – Driver of the offending vehicle not possessing valid d…
Supreme Court of India1 Jul 2019Full text
2019 INSC 702 · [2019] 8 S.C.R. 954
H 954 THE EXECUTIVE ENGINEER, M.I.W. v. VITTHAL DAMODAR 955 PATIL AND ANR. Allowing the appeal, the Court A HELD : 1.1 The objection regarding the appeal being barred by limitation, rejected. In the peculiar facts of the present case, the explanation offered by the appellant for condoning the delay in filing of this ap…
Supreme Court of India1 Jul 2019Full text
2019 INSC 700 · [2019] 8 S.C.R. 966
966 SUPREME COURT[2019]REPORTS8 S.C.R. 966 [2019] 8 S.C.R. A RECKITT BENCKISER (INDIA) PRIVATE LIMITED v. REYNDERS LABEL PRINTING INDIA PRIVATE LIMITED AND ANR. (Petition for Arbitration (Civil) No. 65 of 2016) B JULY 01, 2019 [A. M. KHANWILKAR AND AJAY RASTOGI, JJ.] Arbitration and Conciliation Act, 1996 – ss. 11(5), …
Supreme Court of India22 Jan 2019Full text
2019 INSC 70 · [2019] 2 S.C.R. 331
– Delhi Municipal Corporation Act, 1957 – NDMC House Tax Bye-Laws, 1962 – Delhi Municipal Corporation (Property Taxes) Bye-Laws, 2004 – Constitution of India – Arts.14 and 142. New Delhi Municipal Council Act, 1994 – ss.2(42), 61-63, 65-67, 70, 72, 73 and 81 – Essence of – Discussed. C Words & Phrases – “annual rent” &…
Supreme Court of India1 Jul 2019Full text
2019 INSC 699 · [2019] 8 S.C.R. 869
Allowing the appeal, the Court HELD : 1. After cogitating over the rival submissions made during the elaborate arguments by the respective counsel and H 869 870 SUPREME COURT REPORTS [2019] 8 S.C.R. A who had invited our attention to the pleadings and evidence on record, this Court deem it to appropriate to relegate th…
Supreme Court of India1 Jul 2019Full text
2019 INSC 698 · [2019] 8 S.C.R. 883
appeal, held: The acquisition in the present case was not for the purpose of development of urban area or for providing a housing scheme to the residents of the urban area in which the acquired lands were situated – The acquisition was for a project of MRTS (Railways) on behalf of the Ministry of Railway, Government of…
Supreme Court of India21 Jun 2019Full text
2019 INSC 696 · [2019] 10 S.C.R. 932
932 SUPREME COURT[2019]REPORTS10 S.C.R. 932 [2019] 10 S.C.R. A THE SILPPI CONSTRUCTIONS CONTRACTORS v. UNION OF INDIA AND ANR. ETC. ETC. (Special Leave Petition (Civil) Nos.13802-13805 of 2019) B JUNE 21, 2019 [DEEPAK GUPTA AND SURYA KANT, JJ.] Writ Jurisdiction: Scope of interference in contractual matters involving S…
Supreme Court of India21 Jun 2019Full text
2019 INSC 695 · [2019] 8 S.C.R. 787
rather very light penalty and hence not unjustified – However, admission of students are not set aside. Disposing of the appeal, the Court HELD : 1. The action of the petitioner in granting admission to the students beyond the seats sanctioned, is totally illegal and G contrary to law. Even assuming that the decision o…
Supreme Court of India21 Jun 2019Full text
2019 INSC 694 · [2019] 8 S.C.R. 794
– Insofar as order dated 11.10.2017 is concerned, it was related to super-speciality seats and Supreme Court had extended the date for counselling on the request of the Central Government – Further, the said order was only applicable to the said academic year – In F the instant case, extension cannot be granted just be…
Also on Law on Tips: Bare Acts · Legal news and analysis
the instance of defendant nos.35 was not maintainable, cannot be accepted –In the written statement, defendant nos.1 & 2 admitted that defendant no.3 and late ‘M’ were the children of ‘JDA’ – Nothing has been pointed out that unlike in Hindu law, there is any law prohibiting the Christian couple to adopt male or female…
Supreme Court of India2 Jul 2019Full text
2019 INSC 712 · [2019] 8 S.C.R. 899
KST). Ms. Charanya Lakshmikumaran, Shanthakukmar Mahale, Aaditya Bhattacharya, Ms. Apeksha Mehta, Victor Das, Manish Rastogi, Rajesh Mahale, Advs. for the Appellant. E Devadatt Kamat, Sr. Adv./AAG, V.N. Raghupathy, Javedur Rahman, Rajesh Inamdar, Aditya Bhat, Manendra Pal Gupta, Advs. for the Respondents. The Judgment …
Supreme Court of India2 Jul 2019Full text
2019 INSC 711 · [2019] 8 S.C.R. 1017
M/S ADANI POWER (MUNDRA) LTD. v. GUJARAT 1019 ELECTRICITY REGULATORY COMMISSION compensatory tariff payable to the appellant from the date of A termination of the PPA – CERC (Terms and Conditions of Tariff) Regulations 2009. Doctrines/Principles – Principle of Business Efficacy – Discussed. B Allowing the appeal,…
Supreme Court of India1 Jul 2019Full text
2019 INSC 710 · [2019] 8 S.C.R. 811
[2019] 8 S.C.R. 811 811 SATVINDER SINGH @ SATVINDER SINGH SALUJA & ORS. A v. THE STATE OF BIHAR (Criminal Appeal No. 951 of 2019) JULY 01, 2019 B [ASHOK BHUSHAN AND K. M. JOSEPH, JJ.] Bihar Excise Act, 1915: ss. 2(17A) and 53(a) [as inserted by Bihar Excise (Amendment) Act, 2016] – Offence of Consumption of liquor in p…
Supreme Court of India22 Jan 2019Full text
2019 INSC 71 · [2019] 1 S.C.R. 941
– However, the High Court confirmed the judgment and decree E passed by the trial Court – Appellants-defendants contended that plaintiff was not the son of ‘M’ as he was born in the year 1949 and his alleged father ‘M’ had expired in the year 1947 and furthermore, ‘V’ was a Hindu woman by religion she had no right over…
Supreme Court of India1 Jul 2019Full text
2019 INSC 709 · [2019] 8 S.C.R. 799
judicial mind to determine as to whether prima facie case is made out against the accused – The facts of the present case persuaded the trial court to arrive at a conclusion that prima facie case of alleged offences were made out, truth and veracity of which was to be examined during the course of trial – Order of cour…
Supreme Court of India1 Jul 2019Full text
2019 INSC 708 · [2019] 8 S.C.R. 999
– Hindu Succession Act, 1956 – Doctrine of lis pendens. Family Law – Power of Karta to sell coparcenary property – C Held: Power of Karta to sell coparcenary property is subject to certain restrictions viz. the sale should be for legal necessity or for the benefit of the estate – Onus for establishing the existence of …
Supreme Court of India1 Jul 2019Full text
2019 INSC 707 · [2019] 8 S.C.R. 1058
D Allowing the appeals, the Court HELD : 1. The plaint can and must be rejected in exercise of powers under Order 7 Rule 11(d) of CPC on account of non-compliance of mandatory requirements or being replete with any E institutional deficiency at the time of presentation of the plaint, ascribable to clauses (a) to (f) of…
Supreme Court of India1 Jul 2019Full text
2019 INSC 706 · [2019] 8 S.C.R. 824
H 824 PRADEEP RAM v. THE STATE OF JHARKHAND & ANR. 825 FIR: A Re-registration of FIR – After addition of offences under Unlawful Activities (Prevention) Act, to the FIR – Whether barred being a second FIR – Held: Second FIR with regard to the same offences is barred – But, in the facts of the present case, re-registrat…
Supreme Court of India1 Jul 2019Full text
2019 INSC 705 · [2019] 8 S.C.R. 927
HELD : 1. The crux of the controversy is the jurisdiction and the extent to which the court can examine the determination D of the fee structure by the Telangana Admission and Fee Regulatory Committee (TAFRC) and approved by the State government, in exercise of the powers of judicial review. The TAFRC, a statutory body…
Supreme Court of India1 Jul 2019Full text
2019 INSC 704 · [2019] 8 S.C.R. 986
986 SUPREME COURT[2019]REPORTS8 S.C.R. 986 [2019] 8 S.C.R. A PARMINDER SINGH v. NEW INDIA ASSURANCE CO. LTD. & ORS. (Civil Appeal No. 5123 of 2019) B JULY 01, 2019 [INDU MALHOTRA AND M. R. SHAH, JJ.] Motor Vehicles Act, 1988 – Permannet disbaility due to accident – Driver of the offending vehicle not possessing valid d…
Supreme Court of India1 Jul 2019Full text
2019 INSC 702 · [2019] 8 S.C.R. 954
H 954 THE EXECUTIVE ENGINEER, M.I.W. v. VITTHAL DAMODAR 955 PATIL AND ANR. Allowing the appeal, the Court A HELD : 1.1 The objection regarding the appeal being barred by limitation, rejected. In the peculiar facts of the present case, the explanation offered by the appellant for condoning the delay in filing of this ap…
Supreme Court of India1 Jul 2019Full text
2019 INSC 700 · [2019] 8 S.C.R. 966
966 SUPREME COURT[2019]REPORTS8 S.C.R. 966 [2019] 8 S.C.R. A RECKITT BENCKISER (INDIA) PRIVATE LIMITED v. REYNDERS LABEL PRINTING INDIA PRIVATE LIMITED AND ANR. (Petition for Arbitration (Civil) No. 65 of 2016) B JULY 01, 2019 [A. M. KHANWILKAR AND AJAY RASTOGI, JJ.] Arbitration and Conciliation Act, 1996 – ss. 11(5), …
Supreme Court of India22 Jan 2019Full text
2019 INSC 70 · [2019] 2 S.C.R. 331
– Delhi Municipal Corporation Act, 1957 – NDMC House Tax Bye-Laws, 1962 – Delhi Municipal Corporation (Property Taxes) Bye-Laws, 2004 – Constitution of India – Arts.14 and 142. New Delhi Municipal Council Act, 1994 – ss.2(42), 61-63, 65-67, 70, 72, 73 and 81 – Essence of – Discussed. C Words & Phrases – “annual rent” &…
Supreme Court of India1 Jul 2019Full text
2019 INSC 699 · [2019] 8 S.C.R. 869
Allowing the appeal, the Court HELD : 1. After cogitating over the rival submissions made during the elaborate arguments by the respective counsel and H 869 870 SUPREME COURT REPORTS [2019] 8 S.C.R. A who had invited our attention to the pleadings and evidence on record, this Court deem it to appropriate to relegate th…
Supreme Court of India1 Jul 2019Full text
2019 INSC 698 · [2019] 8 S.C.R. 883
appeal, held: The acquisition in the present case was not for the purpose of development of urban area or for providing a housing scheme to the residents of the urban area in which the acquired lands were situated – The acquisition was for a project of MRTS (Railways) on behalf of the Ministry of Railway, Government of…
Supreme Court of India21 Jun 2019Full text
2019 INSC 696 · [2019] 10 S.C.R. 932
932 SUPREME COURT[2019]REPORTS10 S.C.R. 932 [2019] 10 S.C.R. A THE SILPPI CONSTRUCTIONS CONTRACTORS v. UNION OF INDIA AND ANR. ETC. ETC. (Special Leave Petition (Civil) Nos.13802-13805 of 2019) B JUNE 21, 2019 [DEEPAK GUPTA AND SURYA KANT, JJ.] Writ Jurisdiction: Scope of interference in contractual matters involving S…
Supreme Court of India21 Jun 2019Full text
2019 INSC 695 · [2019] 8 S.C.R. 787
rather very light penalty and hence not unjustified – However, admission of students are not set aside. Disposing of the appeal, the Court HELD : 1. The action of the petitioner in granting admission to the students beyond the seats sanctioned, is totally illegal and G contrary to law. Even assuming that the decision o…
Supreme Court of India21 Jun 2019Full text
2019 INSC 694 · [2019] 8 S.C.R. 794
– Insofar as order dated 11.10.2017 is concerned, it was related to super-speciality seats and Supreme Court had extended the date for counselling on the request of the Central Government – Further, the said order was only applicable to the said academic year – In F the instant case, extension cannot be granted just be…
Also on Law on Tips: Bare Acts · Legal news and analysis