⚖
Loading…
Loading…
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.
461–480 · Page 24 of 382
Supreme Court of India10 May 2019Full text
2019 INSC 665 · [2019] 7 S.C.R. 881
approach the Additional Divisional Commissioner – Additional Divisional Commissioner allowed the appeal of the appellant and set aside the order of promotion of respondent no.3 – Writ petition by respondent no.3 – High Court set aside the order of the Additional Divisional Commissioner – On appeal, held: Respondent no.…
Supreme Court of India9 May 2019Full text
2019 INSC 664 · [2019] 7 S.C.R. 619
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.
461–480 · Page 24 of 382
Supreme Court of India10 May 2019Full text
2019 INSC 665 · [2019] 7 S.C.R. 881
approach the Additional Divisional Commissioner – Additional Divisional Commissioner allowed the appeal of the appellant and set aside the order of promotion of respondent no.3 – Writ petition by respondent no.3 – High Court set aside the order of the Additional Divisional Commissioner – On appeal, held: Respondent no.…
Supreme Court of India9 May 2019Full text
2019 INSC 664 · [2019] 7 S.C.R. 619
Partly allowing the appeal, the Court HELD: 1.1 Both, the trial court and the High Court have erred in shifting the burden on the defendants to prove that the sale transactions were not benami transactions. In fact when the H 619 620 SUPREME COURT REPORTS [2019] 7 S.C.R. A plaintiffs’ claim, though not specifically ple…
Supreme Court of India9 May 2019Full text
2019 INSC 663 · [2019] 7 S.C.R. 655
655 656 SUPREME COURT REPORTS [2019] 7 S.C.R. A the satisfaction of the magistrate was on presumptive footing – Neither the statement of the complainant nor the statement of ‘D’ contained particulars as to the commission of offence – There was no application of mind by the magistrate in taking cognizance of the offence…
Supreme Court of India9 May 2019Full text
2019 INSC 662 · [2019] 7 S.C.R. 477
2 to live together as husband and wife – Review by appellant-second wife – Dismissed by the Division Bench – On appeal held: High Court, even after taking note of the factum of the marriage of the appellant with respondent No.1, did not advert to the consequences thereof and gave directions, which may not be capable of…
Supreme Court of India9 May 2019Full text
2019 INSC 661 · [2019] 7 S.C.R. 482
Dismissing the appeal, the Court HELD : 1. The fact, that the appellant poured acid on the Bbody of the victim was proved beyond any doubt by the evidence on record, including the testimony of the victim PW-1 as also his mother PW-2. The fact that the victim sustained extensive acid burns on the left side of his body a…
Supreme Court of India9 May 2019Full text
2019 INSC 660 · [2019] 7 S.C.R. 868
868 LANCE NAYAK PNO NO.980510777 RAJ BAHADUR v. STATE 869 OF UTTAR PRADESH is required in terms of the Rules is minimum of 50 per cent marks A “in each subject” – Subjects are delineated in the Rules and there are four subjects – Irrespective whether subjects 3 and 4 form part of the same paper, the express language of…
Supreme Court of India9 May 2019Full text
2019 INSC 659 · [2019] 7 S.C.R. 638
Education before terminating the employees, as per s. 18 of the Act – Writ petition by the appellant – Writ petition was dismissed by the Single Judge of High Court – Division Bench of High Court confirmed the decisions of the Single Judge of the High Court – On appeal, held: s.18 of the Act and r. 39 of the Rules woul…
Supreme Court of India9 May 2019Full text
2019 INSC 658 · [2019] 7 S.C.R. 607
[2019] 7 S.C.R. 607 607 SHIO SHANKAR DUBEY & ORS. A v. STATE OF BIHAR (Criminal Appeal No. 1617 of 2014) MAY 09, 2019 B [ASHOK BHUSHAN AND K. M. JOSEPH, JJ.] Penal Code 1860: s. 302 – Murder – Accused persons armed with weapons killed the victim – Informant fled from the scene of incident and recorded FIR – Conviction …
Supreme Court of India9 May 2019Full text
2019 INSC 656 · [2019] 7 S.C.R. 490
that he was having sufficient money with him to pay the balance sale consideration under the agreement by the date of his evidence not much of consequence – Even otherwise the respondent deposited the entire balance sale consideration as directed by the trial court – It cannot be said that the respondent was not ready …
Supreme Court of India9 May 2019Full text
2019 INSC 654 · [2019] 7 S.C.R. 724
724 SUPREME COURT[2019]REPORTS7 S.C.R. 724 [2019] 7 S.C.R. A POWER GRID CORPORATION OF INDIA V. TAMIL NADU GENERATION AND DISTRIBUTION CO. LTD. & ORS. ETC. ETC B (Civil Appeal No. 684 of 2007) MAY 09, 2019 [N. V. RAMANA, MOHAN M. SHANTANAGOUDAR AND INDIRA BANERJEE, JJ.] Electricity Regulatory Commission Act, 1998 – Cen…
Supreme Court of India8 May 2019Full text
2019 INSC 653 · [2019] 7 S.C.R. 506
as members of the Society – Order challenged before the High Court – Rejected – Special leave petitions dismissed by Supreme Court, however liberty granted to the petitioners to file undertakings to vacate the apartments in their occupation – Undertakings filed – Present contempt petitions filed alleging that despite u…
Supreme Court of India8 May 2019Full text
2019 INSC 652 · [2019] 7 S.C.R. 701
– High Court held that the two in-house committees can be considered to be tribunals, and therefore, a lawyer has the right to G represent his client before such in-house committees – On appeal, held: In-house committees appointed under the Revised Circular are not vested with any judicial power at all, their powers be…
Supreme Court of India8 May 2019Full text
2019 INSC 651 · [2019] 8 S.C.R. 625
With B Civil Appeal Nos. 4790-4793, 4786-4789 of 2019. Romy Chacko, Shapti Chand J., Vishant Singh, Advs. for the Appellant. V. Giri, Jayanth Muthraj, Sr. Advs., Ranjan Kumar, Mohammed Sadique T.R., Anu K. Joy, Amith Krishnan, Alim Anvar, G. Prakash, C Jishnu M.L., Mrs. Priyanka Prakash, Mrs. Beena Prakash, M.T. George…
Supreme Court of India8 May 2019Full text
2019 INSC 650 · [2019] 7 S.C.R. 460
HELD : 1. The following elements must be established under Section 16(1)(n) of the Maharashtra Rent Control Act, 1999 - the premises must have been let out for a particular purpose; there must be non-user by the tenant for the purpose; the non-user must be without reasonable cause; the non-user must be C for a continuo…
Supreme Court of India22 Jan 2019Full text
2019 INSC 65 · [2019] 1 S.C.R. 477
1.3 Sub-section (2) of Section 3 of the KPF Act provides for G the exemption of the private forest from vesting. The appointed day for the purpose of Section 3 is 10.5.1971, which is clear from Section 2(a) of the KPF Act. Sub-section (2) of Section 3 states that the land comprised in private forest held by an owner un…
Supreme Court of India8 May 2019Full text
2019 INSC 649 · [2019] 8 S.C.R. 702
the trial court – Negotiable Instruments Act, 1881 – ss.138, proviso, clause (b), (c), s.142(1). Allowing the appeal, the Court HELD : The complaint was instituted on 11 May 2016. Under Section 142(1), a complaint has to be instituted within one C month of the date on which the cause of action has arisen under clause (…
Supreme Court of India8 May 2019Full text
2019 INSC 648 · [2019] 7 S.C.R. 389
16.06 of University Regulations – Writ petition challenging the termination was dismissed by High Court as not maintainable – Appeal to Supreme Court – Held: The college being affiliated to the University was bound by the provisions of the Act with its attendant E consequences for non-compliance – As per section 35(2) …
Supreme Court of India7 May 2019Full text
2019 INSC 644 · [2019] 7 S.C.R. 287
287 288 SUPREME COURT REPORTS [2019] 7 S.C.R. A explanation for the delay, Section 362 Cr.P.C has no relevance on facts. Therefore, there was no impediment in the appellant seeking to bring the same on record subsequently under Section 173(2)(5)(a) of Cr.P.C. The consequences of disallowing the procedural lapse were su…
Supreme Court of India7 May 2019Full text
2019 INSC 643 · [2019] 7 S.C.R. 298
Allowing the appeal, the Court HELD: 1.1 The scope of Order IX Rule 13 CPC and Section 96(2) CPC are entirely different. In an application filed under Order IX Rule 13 CPC, the Court has to see whether the G summons were duly served or not or whether the defendant was prevented by any “sufficient cause” from appearing …
Supreme Court of India7 May 2019Full text
2019 INSC 642 · [2019] 7 S.C.R. 361
of law arising in the case while admitting the appeal as required u/ s. 100(4) CPC and further failed to decide the appeal as provided u/s.100(5) CPC – Instead, the High Court framed the questions for the first time while delivering the impugned judgment – The procedure and manner in which the High Court decided the se…
Also on Law on Tips: Bare Acts · Legal news and analysis
Partly allowing the appeal, the Court HELD: 1.1 Both, the trial court and the High Court have erred in shifting the burden on the defendants to prove that the sale transactions were not benami transactions. In fact when the H 619 620 SUPREME COURT REPORTS [2019] 7 S.C.R. A plaintiffs’ claim, though not specifically ple…
Supreme Court of India9 May 2019Full text
2019 INSC 663 · [2019] 7 S.C.R. 655
655 656 SUPREME COURT REPORTS [2019] 7 S.C.R. A the satisfaction of the magistrate was on presumptive footing – Neither the statement of the complainant nor the statement of ‘D’ contained particulars as to the commission of offence – There was no application of mind by the magistrate in taking cognizance of the offence…
Supreme Court of India9 May 2019Full text
2019 INSC 662 · [2019] 7 S.C.R. 477
2 to live together as husband and wife – Review by appellant-second wife – Dismissed by the Division Bench – On appeal held: High Court, even after taking note of the factum of the marriage of the appellant with respondent No.1, did not advert to the consequences thereof and gave directions, which may not be capable of…
Supreme Court of India9 May 2019Full text
2019 INSC 661 · [2019] 7 S.C.R. 482
Dismissing the appeal, the Court HELD : 1. The fact, that the appellant poured acid on the Bbody of the victim was proved beyond any doubt by the evidence on record, including the testimony of the victim PW-1 as also his mother PW-2. The fact that the victim sustained extensive acid burns on the left side of his body a…
Supreme Court of India9 May 2019Full text
2019 INSC 660 · [2019] 7 S.C.R. 868
868 LANCE NAYAK PNO NO.980510777 RAJ BAHADUR v. STATE 869 OF UTTAR PRADESH is required in terms of the Rules is minimum of 50 per cent marks A “in each subject” – Subjects are delineated in the Rules and there are four subjects – Irrespective whether subjects 3 and 4 form part of the same paper, the express language of…
Supreme Court of India9 May 2019Full text
2019 INSC 659 · [2019] 7 S.C.R. 638
Education before terminating the employees, as per s. 18 of the Act – Writ petition by the appellant – Writ petition was dismissed by the Single Judge of High Court – Division Bench of High Court confirmed the decisions of the Single Judge of the High Court – On appeal, held: s.18 of the Act and r. 39 of the Rules woul…
Supreme Court of India9 May 2019Full text
2019 INSC 658 · [2019] 7 S.C.R. 607
[2019] 7 S.C.R. 607 607 SHIO SHANKAR DUBEY & ORS. A v. STATE OF BIHAR (Criminal Appeal No. 1617 of 2014) MAY 09, 2019 B [ASHOK BHUSHAN AND K. M. JOSEPH, JJ.] Penal Code 1860: s. 302 – Murder – Accused persons armed with weapons killed the victim – Informant fled from the scene of incident and recorded FIR – Conviction …
Supreme Court of India9 May 2019Full text
2019 INSC 656 · [2019] 7 S.C.R. 490
that he was having sufficient money with him to pay the balance sale consideration under the agreement by the date of his evidence not much of consequence – Even otherwise the respondent deposited the entire balance sale consideration as directed by the trial court – It cannot be said that the respondent was not ready …
Supreme Court of India9 May 2019Full text
2019 INSC 654 · [2019] 7 S.C.R. 724
724 SUPREME COURT[2019]REPORTS7 S.C.R. 724 [2019] 7 S.C.R. A POWER GRID CORPORATION OF INDIA V. TAMIL NADU GENERATION AND DISTRIBUTION CO. LTD. & ORS. ETC. ETC B (Civil Appeal No. 684 of 2007) MAY 09, 2019 [N. V. RAMANA, MOHAN M. SHANTANAGOUDAR AND INDIRA BANERJEE, JJ.] Electricity Regulatory Commission Act, 1998 – Cen…
Supreme Court of India8 May 2019Full text
2019 INSC 653 · [2019] 7 S.C.R. 506
as members of the Society – Order challenged before the High Court – Rejected – Special leave petitions dismissed by Supreme Court, however liberty granted to the petitioners to file undertakings to vacate the apartments in their occupation – Undertakings filed – Present contempt petitions filed alleging that despite u…
Supreme Court of India8 May 2019Full text
2019 INSC 652 · [2019] 7 S.C.R. 701
– High Court held that the two in-house committees can be considered to be tribunals, and therefore, a lawyer has the right to G represent his client before such in-house committees – On appeal, held: In-house committees appointed under the Revised Circular are not vested with any judicial power at all, their powers be…
Supreme Court of India8 May 2019Full text
2019 INSC 651 · [2019] 8 S.C.R. 625
With B Civil Appeal Nos. 4790-4793, 4786-4789 of 2019. Romy Chacko, Shapti Chand J., Vishant Singh, Advs. for the Appellant. V. Giri, Jayanth Muthraj, Sr. Advs., Ranjan Kumar, Mohammed Sadique T.R., Anu K. Joy, Amith Krishnan, Alim Anvar, G. Prakash, C Jishnu M.L., Mrs. Priyanka Prakash, Mrs. Beena Prakash, M.T. George…
Supreme Court of India8 May 2019Full text
2019 INSC 650 · [2019] 7 S.C.R. 460
HELD : 1. The following elements must be established under Section 16(1)(n) of the Maharashtra Rent Control Act, 1999 - the premises must have been let out for a particular purpose; there must be non-user by the tenant for the purpose; the non-user must be without reasonable cause; the non-user must be C for a continuo…
Supreme Court of India22 Jan 2019Full text
2019 INSC 65 · [2019] 1 S.C.R. 477
1.3 Sub-section (2) of Section 3 of the KPF Act provides for G the exemption of the private forest from vesting. The appointed day for the purpose of Section 3 is 10.5.1971, which is clear from Section 2(a) of the KPF Act. Sub-section (2) of Section 3 states that the land comprised in private forest held by an owner un…
Supreme Court of India8 May 2019Full text
2019 INSC 649 · [2019] 8 S.C.R. 702
the trial court – Negotiable Instruments Act, 1881 – ss.138, proviso, clause (b), (c), s.142(1). Allowing the appeal, the Court HELD : The complaint was instituted on 11 May 2016. Under Section 142(1), a complaint has to be instituted within one C month of the date on which the cause of action has arisen under clause (…
Supreme Court of India8 May 2019Full text
2019 INSC 648 · [2019] 7 S.C.R. 389
16.06 of University Regulations – Writ petition challenging the termination was dismissed by High Court as not maintainable – Appeal to Supreme Court – Held: The college being affiliated to the University was bound by the provisions of the Act with its attendant E consequences for non-compliance – As per section 35(2) …
Supreme Court of India7 May 2019Full text
2019 INSC 644 · [2019] 7 S.C.R. 287
287 288 SUPREME COURT REPORTS [2019] 7 S.C.R. A explanation for the delay, Section 362 Cr.P.C has no relevance on facts. Therefore, there was no impediment in the appellant seeking to bring the same on record subsequently under Section 173(2)(5)(a) of Cr.P.C. The consequences of disallowing the procedural lapse were su…
Supreme Court of India7 May 2019Full text
2019 INSC 643 · [2019] 7 S.C.R. 298
Allowing the appeal, the Court HELD: 1.1 The scope of Order IX Rule 13 CPC and Section 96(2) CPC are entirely different. In an application filed under Order IX Rule 13 CPC, the Court has to see whether the G summons were duly served or not or whether the defendant was prevented by any “sufficient cause” from appearing …
Supreme Court of India7 May 2019Full text
2019 INSC 642 · [2019] 7 S.C.R. 361
of law arising in the case while admitting the appeal as required u/ s. 100(4) CPC and further failed to decide the appeal as provided u/s.100(5) CPC – Instead, the High Court framed the questions for the first time while delivering the impugned judgment – The procedure and manner in which the High Court decided the se…
Also on Law on Tips: Bare Acts · Legal news and analysis