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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.
441–460 · Page 23 of 382
Supreme Court of India13 Jun 2019Full text
2019 INSC 693 · [2019] 10 S.C.R. 1041
1041 1042 SUPREME COURT REPORTS [2019] 10 S.C.R. A CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.1801 of 2013 From the Judgment and Order dated 03.05.2012 of the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.984-SB of 1998 B Dr. Monika Gusain, Adv. for the Appellant. Sudhir Naagar, Adv. for…
Supreme Court of India11 Jun 2019Full text
2019 INSC 692 · [2019] 12 S.C.R. 915
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.
441–460 · Page 23 of 382
Supreme Court of India13 Jun 2019Full text
2019 INSC 693 · [2019] 10 S.C.R. 1041
1041 1042 SUPREME COURT REPORTS [2019] 10 S.C.R. A CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.1801 of 2013 From the Judgment and Order dated 03.05.2012 of the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.984-SB of 1998 B Dr. Monika Gusain, Adv. for the Appellant. Sudhir Naagar, Adv. for…
Supreme Court of India11 Jun 2019Full text
2019 INSC 692 · [2019] 12 S.C.R. 915
were directed to fully redress the grievances of the petitioner, and/ or to release the retiral dues of late husband of the respondent no.1– It was not open to the appellants to circumvent the order passed by the High Court and release provisional pension and gratuity and that too calculated in relation to the salary a…
Supreme Court of India4 Jun 2019Full text
2019 INSC 691 · [2019] 8 S.C.R. 761
Tribunal had considered the preliminary report submitted by the ICAI and SFIO and the observations made in the said reports/ preliminary reports – As per s.130 of the Act, the Tribunal may pass an order of re-opening of accounts if the Tribunal is of the opinion that (i) the relevant earlier accounts were prepared in a…
Supreme Court of India22 Jan 2019Full text
2019 INSC 69 · [2019] 1 S.C.R. 1001
[2019] 1 S.C.R. 1001 1001 NAGPUR IMPROVEMENT TRUST & ORS. A v. M/S BOMBAYWALA & ORS. (Civil Appeal No. 937 of 2019) JANUARY 22, 2019 B [A. K. SIKRI, ASHOK BHUSHAN AND M. R. SHAH, JJ.] Maharashtra Regional Town Planning Act, 1966 – Purpose of its enactment – Held: To make provisions for planning the development and the …
Supreme Court of India29 May 2019Full text
2019 INSC 688 · [2019] 8 S.C.R. 746
1.9.2018, has no substance as by amendment in s.148, no substantive right of appeal was taken away and/or affected – However, in the peculiar facts and circumstances of the instant case and the fact that the accused-appellants were bonafidely litigating their case and the amount required to be deposited was huge, by F …
Supreme Court of India27 May 2019Full text
2019 INSC 687 · [2019] 8 S.C.R. 728
claim no.2-fixed costs and claim no.3-escrow account is upheld. Partly allowing the appeal, the Court HELD: 1.1 So far as the claim with respect to “price adjustment/escalation” is concerned, the arbitrator held that the date of commencement of the first operating year for the purposes C of clauses 5.2.2 read with 5.4.…
Supreme Court of India17 May 2019Full text
2019 INSC 684 · [2019] 8 S.C.R. 669
Furthermore, paragraph 8 does not envisage and provide for a second round of litigation before the same authority-Foreigners Tribunal on and after preparation of the final list – Opinion/order of the Tribunal, or the order passed by the Registering Authority based upon the opinion of the Foreigners Tribunal, can be cha…
Supreme Court of India17 May 2019Full text
2019 INSC 683 · [2019] 8 S.C.R. 639
639 640 SUPREME COURT REPORTS [2019] 8 S.C.R. A on the basis of the samples or lab testing and that it was very difficult to find any identical/similar goods imported in India having same chemical and physical composition – Therefore, the order-in-original was flawed and contrary to law for it did not give cogent reaso…
Supreme Court of India10 May 2019Full text
2019 INSC 682 · [2019] 7 S.C.R. 1061
categorical stand of the appellant that the flats have been completed and occupation certificate has also been obtained – SCDRC and NCDRC awarded compensation under multiple heads on account of singular default of not handing over possession–For delay in handing over possession, the consumer is entitled to the conseque…
Supreme Court of India10 May 2019Full text
2019 INSC 681 · [2019] 7 S.C.R. 909
person who is owner of the coal and details and date of verification certificate. These details are necessary to be noted, since a decision is yet to be taken that what further liability can be imposed on such coal, which is going to be transported under this order. [Para 15] [917-G-H; 918-A-D] C 1.2 The State should t…
Supreme Court of India10 May 2019Full text
2019 INSC 680 · [2019] 7 S.C.R. 738
738 SUPREME COURT[2019]REPORTS7 S.C.R. 738 [2019] 7 S.C.R. A STATE OF BIHAR & ORS. v. THE BIHAR SECONDARY TEACHERS STRUGGLE COMMITTEE, MUNGER & ORS. B (Civil Appeal No. 4862 of 2019 etc.) MAY 10, 2019 [ABHAY MANOHAR SAPRE AND UDAY UMESH LALIT. JJ.] Service Law: C Pay parity/’Equal pay for equal work’ – Sought by Niyoji…
Supreme Court of India10 May 2019Full text
2019 INSC 679 · [2019] 7 S.C.R. 893
E 2. The act stated amounts to criminal contempt of court. The High Court has noted that the concerned advocate did not apologise and has maligned and scandalised the subordinate court. He has made bare denial and has not shown any remorse for his misconduct. Considering the gravamen of the allegations the High Court h…
Supreme Court of India10 May 2019Full text
2019 INSC 678 · [2019] 7 S.C.R. 976
976 RAM PARSHOTAM MITTAL & ORS. v. HOTEL QUEEN ROAD 977 PVT. LTD. & ORS. Cr.PC against ‘RPM’ – On appeal, held: Two civil suits are pending A consideration; one being OS No.992/2005 filed by HQRL; other Suit No.1832/2008 seeking declaration that HQRL had become a limited company by virtue of the resolution passed on 30…
Supreme Court of India10 May 2019Full text
2019 INSC 676 · [2019] 8 S.C.R. 709
rejoinder and evidence which he failed to do may be for the reason that the complainant may not have any merit in his case – On appeal, held: The purpose for setting up the National Commission was to protect the rights of consumers to seek access to justice under the Consumer Protection Act – In the instant case, there…
Supreme Court of India10 May 2019Full text
2019 INSC 674 · [2019] 7 S.C.R. 968
High Court of State in respect of the provisions of CPC which ran counter to it, that would be hit by the provisions of the savings clause of the Amendment Act – The caveat, however, was that the legislation in question being the Punjab Act is a pre-Constitution Act and hence is not a legislation hit by the provisions …
Supreme Court of India10 May 2019Full text
2019 INSC 673 · [2019] 7 S.C.R. 1036
1.2 Very same issue was dealt with by Full Bench of the National Commission in Ambrish Kumar Shukla and Ors. vs. Ferrous Infrastructure Pvt. Ltd.. The National Commission relied upon the decision of this Court in T.N. Housing Board. It was Eobserved by Supreme Court in T.N. Housing Board that the provision must receive…
Supreme Court of India10 May 2019Full text
2019 INSC 672 · [2019] 7 S.C.R. 862
– Dismissed – Held: For temporary workers like respondents, it is mandatory to show that they continuously worked for 240 days in a year – Initial burden is on them to adduce evidence – Only when the initial burden is discharged by the respondents, the burden can be shifted on the appellant – Single Judge and the Divis…
Supreme Court of India10 May 2019Full text
2019 INSC 671 · [2019] 7 S.C.R. 1086
E Constitution of India: Arts. 200 and 201 – Assent to the Bill – Reservation of the Bill( which led to Reservation Act, 2018) by the Governor for the consideration of the President – Power u/Art. 200 – Exercise of – Held: Once the Bill was reserved by the Governor for the consideration of the President, it was for the…
Supreme Court of India10 May 2019Full text
2019 INSC 668 · [2019] 7 S.C.R. 1076
Partly allowing the appeal, the Court HELD : 1.1 At the time of admission, the recorded history of the patient was complaint of pain in abdomen, fever and C haemorrhage in both eyes for the past five days. However, there was no evidence of critical condition of the patient to be operated upon even with low platelet cou…
Supreme Court of India10 May 2019Full text
2019 INSC 667 · [2019] 7 S.C.R. 941
development) Act, 1971 – s.22 – Transfer of Property Act, 1882 – s.108 – Appellant-landlord sought permission to evict the respondent – Slum Authority granted the permission – Appeal preferred by the respondent, was dismissed by the Appellate Authority – After securing permission from the slum Authority, a civil suit w…
Also on Law on Tips: Bare Acts · Legal news and analysis
were directed to fully redress the grievances of the petitioner, and/ or to release the retiral dues of late husband of the respondent no.1– It was not open to the appellants to circumvent the order passed by the High Court and release provisional pension and gratuity and that too calculated in relation to the salary a…
Supreme Court of India4 Jun 2019Full text
2019 INSC 691 · [2019] 8 S.C.R. 761
Tribunal had considered the preliminary report submitted by the ICAI and SFIO and the observations made in the said reports/ preliminary reports – As per s.130 of the Act, the Tribunal may pass an order of re-opening of accounts if the Tribunal is of the opinion that (i) the relevant earlier accounts were prepared in a…
Supreme Court of India22 Jan 2019Full text
2019 INSC 69 · [2019] 1 S.C.R. 1001
[2019] 1 S.C.R. 1001 1001 NAGPUR IMPROVEMENT TRUST & ORS. A v. M/S BOMBAYWALA & ORS. (Civil Appeal No. 937 of 2019) JANUARY 22, 2019 B [A. K. SIKRI, ASHOK BHUSHAN AND M. R. SHAH, JJ.] Maharashtra Regional Town Planning Act, 1966 – Purpose of its enactment – Held: To make provisions for planning the development and the …
Supreme Court of India29 May 2019Full text
2019 INSC 688 · [2019] 8 S.C.R. 746
1.9.2018, has no substance as by amendment in s.148, no substantive right of appeal was taken away and/or affected – However, in the peculiar facts and circumstances of the instant case and the fact that the accused-appellants were bonafidely litigating their case and the amount required to be deposited was huge, by F …
Supreme Court of India27 May 2019Full text
2019 INSC 687 · [2019] 8 S.C.R. 728
claim no.2-fixed costs and claim no.3-escrow account is upheld. Partly allowing the appeal, the Court HELD: 1.1 So far as the claim with respect to “price adjustment/escalation” is concerned, the arbitrator held that the date of commencement of the first operating year for the purposes C of clauses 5.2.2 read with 5.4.…
Supreme Court of India17 May 2019Full text
2019 INSC 684 · [2019] 8 S.C.R. 669
Furthermore, paragraph 8 does not envisage and provide for a second round of litigation before the same authority-Foreigners Tribunal on and after preparation of the final list – Opinion/order of the Tribunal, or the order passed by the Registering Authority based upon the opinion of the Foreigners Tribunal, can be cha…
Supreme Court of India17 May 2019Full text
2019 INSC 683 · [2019] 8 S.C.R. 639
639 640 SUPREME COURT REPORTS [2019] 8 S.C.R. A on the basis of the samples or lab testing and that it was very difficult to find any identical/similar goods imported in India having same chemical and physical composition – Therefore, the order-in-original was flawed and contrary to law for it did not give cogent reaso…
Supreme Court of India10 May 2019Full text
2019 INSC 682 · [2019] 7 S.C.R. 1061
categorical stand of the appellant that the flats have been completed and occupation certificate has also been obtained – SCDRC and NCDRC awarded compensation under multiple heads on account of singular default of not handing over possession–For delay in handing over possession, the consumer is entitled to the conseque…
Supreme Court of India10 May 2019Full text
2019 INSC 681 · [2019] 7 S.C.R. 909
person who is owner of the coal and details and date of verification certificate. These details are necessary to be noted, since a decision is yet to be taken that what further liability can be imposed on such coal, which is going to be transported under this order. [Para 15] [917-G-H; 918-A-D] C 1.2 The State should t…
Supreme Court of India10 May 2019Full text
2019 INSC 680 · [2019] 7 S.C.R. 738
738 SUPREME COURT[2019]REPORTS7 S.C.R. 738 [2019] 7 S.C.R. A STATE OF BIHAR & ORS. v. THE BIHAR SECONDARY TEACHERS STRUGGLE COMMITTEE, MUNGER & ORS. B (Civil Appeal No. 4862 of 2019 etc.) MAY 10, 2019 [ABHAY MANOHAR SAPRE AND UDAY UMESH LALIT. JJ.] Service Law: C Pay parity/’Equal pay for equal work’ – Sought by Niyoji…
Supreme Court of India10 May 2019Full text
2019 INSC 679 · [2019] 7 S.C.R. 893
E 2. The act stated amounts to criminal contempt of court. The High Court has noted that the concerned advocate did not apologise and has maligned and scandalised the subordinate court. He has made bare denial and has not shown any remorse for his misconduct. Considering the gravamen of the allegations the High Court h…
Supreme Court of India10 May 2019Full text
2019 INSC 678 · [2019] 7 S.C.R. 976
976 RAM PARSHOTAM MITTAL & ORS. v. HOTEL QUEEN ROAD 977 PVT. LTD. & ORS. Cr.PC against ‘RPM’ – On appeal, held: Two civil suits are pending A consideration; one being OS No.992/2005 filed by HQRL; other Suit No.1832/2008 seeking declaration that HQRL had become a limited company by virtue of the resolution passed on 30…
Supreme Court of India10 May 2019Full text
2019 INSC 676 · [2019] 8 S.C.R. 709
rejoinder and evidence which he failed to do may be for the reason that the complainant may not have any merit in his case – On appeal, held: The purpose for setting up the National Commission was to protect the rights of consumers to seek access to justice under the Consumer Protection Act – In the instant case, there…
Supreme Court of India10 May 2019Full text
2019 INSC 674 · [2019] 7 S.C.R. 968
High Court of State in respect of the provisions of CPC which ran counter to it, that would be hit by the provisions of the savings clause of the Amendment Act – The caveat, however, was that the legislation in question being the Punjab Act is a pre-Constitution Act and hence is not a legislation hit by the provisions …
Supreme Court of India10 May 2019Full text
2019 INSC 673 · [2019] 7 S.C.R. 1036
1.2 Very same issue was dealt with by Full Bench of the National Commission in Ambrish Kumar Shukla and Ors. vs. Ferrous Infrastructure Pvt. Ltd.. The National Commission relied upon the decision of this Court in T.N. Housing Board. It was Eobserved by Supreme Court in T.N. Housing Board that the provision must receive…
Supreme Court of India10 May 2019Full text
2019 INSC 672 · [2019] 7 S.C.R. 862
– Dismissed – Held: For temporary workers like respondents, it is mandatory to show that they continuously worked for 240 days in a year – Initial burden is on them to adduce evidence – Only when the initial burden is discharged by the respondents, the burden can be shifted on the appellant – Single Judge and the Divis…
Supreme Court of India10 May 2019Full text
2019 INSC 671 · [2019] 7 S.C.R. 1086
E Constitution of India: Arts. 200 and 201 – Assent to the Bill – Reservation of the Bill( which led to Reservation Act, 2018) by the Governor for the consideration of the President – Power u/Art. 200 – Exercise of – Held: Once the Bill was reserved by the Governor for the consideration of the President, it was for the…
Supreme Court of India10 May 2019Full text
2019 INSC 668 · [2019] 7 S.C.R. 1076
Partly allowing the appeal, the Court HELD : 1.1 At the time of admission, the recorded history of the patient was complaint of pain in abdomen, fever and C haemorrhage in both eyes for the past five days. However, there was no evidence of critical condition of the patient to be operated upon even with low platelet cou…
Supreme Court of India10 May 2019Full text
2019 INSC 667 · [2019] 7 S.C.R. 941
development) Act, 1971 – s.22 – Transfer of Property Act, 1882 – s.108 – Appellant-landlord sought permission to evict the respondent – Slum Authority granted the permission – Appeal preferred by the respondent, was dismissed by the Appellate Authority – After securing permission from the slum Authority, a civil suit w…
Also on Law on Tips: Bare Acts · Legal news and analysis