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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.
4,901–4,920 · Page 246 of 382
Supreme Court of India18 Mar 2013Full text
[2013] 2 S.C.R. 432
H 432 SHANTILAL GULABCHAND MUTHA v. TATA 433 ENGINEERING & LOCOMOTIVE CO. LTD. Case Law Reference: A 1999 (2) Suppl. SCR 258 relied on para 3 2007 (12) SCR 1153 relied on para 5 2003 (3) SCR 1149 relied on para 5 B CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6162 of 2005. From the Judgment & Order dated 22.06.2005 …
Supreme Court of India3 Jan 2013Full text
[2013] 1 S.C.R. 80
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.
4,901–4,920 · Page 246 of 382
Supreme Court of India18 Mar 2013Full text
[2013] 2 S.C.R. 432
H 432 SHANTILAL GULABCHAND MUTHA v. TATA 433 ENGINEERING & LOCOMOTIVE CO. LTD. Case Law Reference: A 1999 (2) Suppl. SCR 258 relied on para 3 2007 (12) SCR 1153 relied on para 5 2003 (3) SCR 1149 relied on para 5 B CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6162 of 2005. From the Judgment & Order dated 22.06.2005 …
Supreme Court of India3 Jan 2013Full text
[2013] 1 S.C.R. 80
[2013] 1 S.C.R. 80 A VAJRESH VENKATRAY ANVEKAR v. STATE OF KARNATAKA (Criminal Appeal No. 12 of 2013) JANUARY 3, 2013 B [AFTAB ALAM AND RANJANA PRAKASH DESAI, JJ.] Penal Code, 1860 - ss. 498A & 306 - Married woman committed suicide by consuming poison within seven years C of marriage - Acquittal of accused-husband by t…
Supreme Court of India13 Feb 2013Full text
2013 INSC 99 · [2013] 1 S.C.R. 1029
A departmental inquiry was conducted against the appellant, a Head Constable of Police, and two others E namely, an ASI and another Head Constable, for demanding and accepting illegal gratification for registering a police complaint. The money was proved to have been paid to the co-delinquent (a Constable) and as far a…
Supreme Court of India13 Feb 2013Full text
2013 INSC 98 · [2013] 1 S.C.R. 1005
1005 H 1006 SUPREME COURT REPORTS [2013] 1 S.C.R. A Evidence: Retracted statements - Evidentiary value of - Held: Adjudicating Authority and Appellate Tribunal have both correctly appreciated the legal position and applied the same to the case at hand to hold that the statements were voluntary8 and, therefore, binding …
Supreme Court of India13 Feb 2013Full text
2013 INSC 97 · [2013] 1 S.C.R. 1037
c Dismissing the petition, the Court HELD: 1.1. The power of remand is vested in the court at the very initial stage before taking of cognizance u/s 167(2) Cr.P.C. During the period of investigation, the accused is under the custody of the Magistrate before D whom he or she is first produced. During that stage, u/s 167…
Supreme Court of India12 Feb 2013Full text
2013 INSC 96 · [2013] 1 S.C.R. 996
WITH H 998 SUPREME COURT REPORTS [2013] 1 S.C.R. A C.A. No. 203 of 2004. Amit Sibal, Arvind Kumar, Purti Marwaha, Henna George, C.S. Chauhan, Anupam Lal Das, A. Ahlawat, Rani Chhabra, Vishnu 8. Saharya (for Saharya & Co.) for the appearing B parties. The following Order of the Court was delivered ORDER c CIVIL APPEAL N…
Supreme Court of India12 Feb 2013Full text
2013 INSC 95 · [2013] 1 S.C.R. 984
The respondent in C.A No. 1276 sold some lands, which were further sold by the vendee to the contesting F defendants/appellants. The respondent filed a suit against original vendee and his transferees, for declaration that he was the owner and in possession of the suit land. The trial court protected the possession of …
Supreme Court of India12 Feb 2013Full text
2013 INSC 94 · [2013] 4 S.C.R. 978
2.1. A purchaser, subsequent to the issuance of a Section 4 Notification under Land Acquisition Act, in respect of the land, cannot challenge the acquisition G proceedings, and can only claim compensation as the sale transaction in such a situation is Void qua the Government. Any such encumbrance created by the· owner,…
Supreme Court of India12 Feb 2013Full text
2013 INSC 93 · [2013] 4 S.C.R. 331
Contract - Terms and conditions - Interpretation - Held: The contract is to be interpreted giving the actual meaning to the words contained in the contract -It is not permissible for the court to make a new contract, however reasonable, if E the parties have not made it themselves. Constitution of India, 1950 - Article…
Supreme Court of India11 Feb 2013Full text
2013 INSC 92 · [2013] 1 S.C.R. 977
Dismissing the petition, the Court D HELD: 1. Debt Recovery Tribunals in the country are established for expeditious adjudication and recovery of debts due to banks and financial institutions. The Recovery of Debts due to Banks and Financial E Institutions Act, 1993 provides the mechanism to an aggrieved party, if he i…
Supreme Court of India11 Feb 2013Full text
2013 INSC 91 · [2013] 1 S.C.R. 966
AIR 1955 SC 755 relied on para 11 1999 (2) SCR 518 relied on para 12 E 2003 (2) Suppl. SCR 14 relied on para 13 2010 (5) SCR 657 relied on para 14 CIVIL APPELLATE JURISDICTION : CIVIL APPEAL NO. 1100 OF 2013. F From the Judgment & Order dated 15.09.2010 of the High Court of Karnataka at Bangalore in M.F.A No. 7863 of 2…
Supreme Court of India11 Feb 2013Full text
2013 INSC 90 · [2013] 4 S.C.R. 956
- The High Court has imposed its own reading of the requirements of the selection process on the Interview Board - It is not the job of the Court to substitute what it thinks F appropriate for that which selecting authority decided as desirable - Proposal of the High Court amounts to re-writing the rules for selection,…
Supreme Court of India7 Jan 2013Full text
2013 INSC 9 · [2013] 3 S.C.R. 1
Investigation - Parallel investigation - By State Police and by CBI - Permissibility - Held: In the instant case investigation was initiated by State Police and subsequently taken over by CBI considering the volume and importance of F offence - There is no infirmity in continuing the investigation by CBI in view of s. …
Supreme Court of India11 Feb 2013Full text
2013 INSC 89 · [2013] 2 S.C.R. 783
An FIR for the offence punishable u/s 302 IPC was lodged against the accused-appellant, who was a tailor by profession. The prosecution case was that one 'KS', F the brother of PW-1, had given some cloth to the appellant for stitching; that prior to the date of occurrence there was a quarrel between the two over the de…
Supreme Court of India11 Feb 2013Full text
2013 INSC 88 · [2013] 3 S.C.R. 376
[2013] 3 S.C.R. 376 A BALBIR SINGH BEDI v. STATE OF PUNJAB AND ORS. (Civil Appeal No. 1273 of 2004) FEBRUARY 11, 2013 B [DR. B.S. CHAUHAN AND V. GOPALA GOWDA, JJ.] Service Law - Promotion - On the basis of seniority-cum-merit - Case of the appellant was considered a/ongwith other C eligible candidates for the post of B…
Supreme Court of India8 Feb 2013Full text
2013 INSC 87 · [2013] 1 S.C.R. 867
868 SUPREME COURT REPORTS [2013] 1 S.C.R. A sentenced to them to imprisonment of three years and a fine of Rs.5000/- each. The High Court affirmed the conviction and sentence of the appellant, but .acquitted the other accused. Allowing the appeal, the CourtB HELD: 1.1. A reading of s. 113A of the Evidence Act, 1872 wil…
Supreme Court of India8 Feb 2013Full text
2013 INSC 86 · [2013] 1 S.C.R. 853
[2013] 1 S.C.R. 853 THE COMMISSIONER, BANGALORE DEVELOPMENT A AUTHORITY & ANR. v. BRIJESH REDDY & ANR. (Civil Appeal No. 1051 of 2013) B FEBRUARY 08, 2013 [P. SATHASIVAM AND JAGDISH SINGH KHEHAR, JJ.] Code of Civil Procedure, 1908- s. 9 - Jurisdiction of civil court - To adjudicate on the dispute contemplated under C L…
Supreme Court of India8 Feb 2013Full text
2013 INSC 85 · [2013] 4 S.C.R. 104
[2013] 4 S.C.R. 104 A GOPAL SINGH v. STATE OF UTTARAKHAND (Criminal Appeal No. 291 of 2013) FEBRUARY 08, 2013 B [G.S. SINGHVI AND DIPAK MISRA, JJ.] Penal Code, 1860 - s. 324 - Conviction under, of. accused-appellant - For firing gunshot at PW3 from a country_ C made pistol ('kattaJ thereby causing firearm injury to him…
Supreme Court of India17 Dec 2013Full text
2013 INSC 849 · [2013] 17 S.C.R. 843
1.3. In the case on hand, the conclusion recorded by. both the courts befow that the deceased died an unnatural death is not based on any legal material on .B record. As seen from the trial court judgment, there are no injuries on the body of the deceased. The prosecution case in this regard has not been established, a…
Supreme Court of India17 Dec 2013Full text
2013 INSC 848 · [2013] 17 S.C.R. 801
ensure that A injustice is not perpetuated - One of the important attributes of discretionary jurisdiction is that such jurisdiction is not exercised where it is likely to be a futile exercise - Therefore, accepting preliminary objection and refusing to consider the ground newly raised by the Board would only "drive pa…
Also on Law on Tips: Bare Acts · Legal news and analysis
[2013] 1 S.C.R. 80 A VAJRESH VENKATRAY ANVEKAR v. STATE OF KARNATAKA (Criminal Appeal No. 12 of 2013) JANUARY 3, 2013 B [AFTAB ALAM AND RANJANA PRAKASH DESAI, JJ.] Penal Code, 1860 - ss. 498A & 306 - Married woman committed suicide by consuming poison within seven years C of marriage - Acquittal of accused-husband by t…
Supreme Court of India13 Feb 2013Full text
2013 INSC 99 · [2013] 1 S.C.R. 1029
A departmental inquiry was conducted against the appellant, a Head Constable of Police, and two others E namely, an ASI and another Head Constable, for demanding and accepting illegal gratification for registering a police complaint. The money was proved to have been paid to the co-delinquent (a Constable) and as far a…
Supreme Court of India13 Feb 2013Full text
2013 INSC 98 · [2013] 1 S.C.R. 1005
1005 H 1006 SUPREME COURT REPORTS [2013] 1 S.C.R. A Evidence: Retracted statements - Evidentiary value of - Held: Adjudicating Authority and Appellate Tribunal have both correctly appreciated the legal position and applied the same to the case at hand to hold that the statements were voluntary8 and, therefore, binding …
Supreme Court of India13 Feb 2013Full text
2013 INSC 97 · [2013] 1 S.C.R. 1037
c Dismissing the petition, the Court HELD: 1.1. The power of remand is vested in the court at the very initial stage before taking of cognizance u/s 167(2) Cr.P.C. During the period of investigation, the accused is under the custody of the Magistrate before D whom he or she is first produced. During that stage, u/s 167…
Supreme Court of India12 Feb 2013Full text
2013 INSC 96 · [2013] 1 S.C.R. 996
WITH H 998 SUPREME COURT REPORTS [2013] 1 S.C.R. A C.A. No. 203 of 2004. Amit Sibal, Arvind Kumar, Purti Marwaha, Henna George, C.S. Chauhan, Anupam Lal Das, A. Ahlawat, Rani Chhabra, Vishnu 8. Saharya (for Saharya & Co.) for the appearing B parties. The following Order of the Court was delivered ORDER c CIVIL APPEAL N…
Supreme Court of India12 Feb 2013Full text
2013 INSC 95 · [2013] 1 S.C.R. 984
The respondent in C.A No. 1276 sold some lands, which were further sold by the vendee to the contesting F defendants/appellants. The respondent filed a suit against original vendee and his transferees, for declaration that he was the owner and in possession of the suit land. The trial court protected the possession of …
Supreme Court of India12 Feb 2013Full text
2013 INSC 94 · [2013] 4 S.C.R. 978
2.1. A purchaser, subsequent to the issuance of a Section 4 Notification under Land Acquisition Act, in respect of the land, cannot challenge the acquisition G proceedings, and can only claim compensation as the sale transaction in such a situation is Void qua the Government. Any such encumbrance created by the· owner,…
Supreme Court of India12 Feb 2013Full text
2013 INSC 93 · [2013] 4 S.C.R. 331
Contract - Terms and conditions - Interpretation - Held: The contract is to be interpreted giving the actual meaning to the words contained in the contract -It is not permissible for the court to make a new contract, however reasonable, if E the parties have not made it themselves. Constitution of India, 1950 - Article…
Supreme Court of India11 Feb 2013Full text
2013 INSC 92 · [2013] 1 S.C.R. 977
Dismissing the petition, the Court D HELD: 1. Debt Recovery Tribunals in the country are established for expeditious adjudication and recovery of debts due to banks and financial institutions. The Recovery of Debts due to Banks and Financial E Institutions Act, 1993 provides the mechanism to an aggrieved party, if he i…
Supreme Court of India11 Feb 2013Full text
2013 INSC 91 · [2013] 1 S.C.R. 966
AIR 1955 SC 755 relied on para 11 1999 (2) SCR 518 relied on para 12 E 2003 (2) Suppl. SCR 14 relied on para 13 2010 (5) SCR 657 relied on para 14 CIVIL APPELLATE JURISDICTION : CIVIL APPEAL NO. 1100 OF 2013. F From the Judgment & Order dated 15.09.2010 of the High Court of Karnataka at Bangalore in M.F.A No. 7863 of 2…
Supreme Court of India11 Feb 2013Full text
2013 INSC 90 · [2013] 4 S.C.R. 956
- The High Court has imposed its own reading of the requirements of the selection process on the Interview Board - It is not the job of the Court to substitute what it thinks F appropriate for that which selecting authority decided as desirable - Proposal of the High Court amounts to re-writing the rules for selection,…
Supreme Court of India7 Jan 2013Full text
2013 INSC 9 · [2013] 3 S.C.R. 1
Investigation - Parallel investigation - By State Police and by CBI - Permissibility - Held: In the instant case investigation was initiated by State Police and subsequently taken over by CBI considering the volume and importance of F offence - There is no infirmity in continuing the investigation by CBI in view of s. …
Supreme Court of India11 Feb 2013Full text
2013 INSC 89 · [2013] 2 S.C.R. 783
An FIR for the offence punishable u/s 302 IPC was lodged against the accused-appellant, who was a tailor by profession. The prosecution case was that one 'KS', F the brother of PW-1, had given some cloth to the appellant for stitching; that prior to the date of occurrence there was a quarrel between the two over the de…
Supreme Court of India11 Feb 2013Full text
2013 INSC 88 · [2013] 3 S.C.R. 376
[2013] 3 S.C.R. 376 A BALBIR SINGH BEDI v. STATE OF PUNJAB AND ORS. (Civil Appeal No. 1273 of 2004) FEBRUARY 11, 2013 B [DR. B.S. CHAUHAN AND V. GOPALA GOWDA, JJ.] Service Law - Promotion - On the basis of seniority-cum-merit - Case of the appellant was considered a/ongwith other C eligible candidates for the post of B…
Supreme Court of India8 Feb 2013Full text
2013 INSC 87 · [2013] 1 S.C.R. 867
868 SUPREME COURT REPORTS [2013] 1 S.C.R. A sentenced to them to imprisonment of three years and a fine of Rs.5000/- each. The High Court affirmed the conviction and sentence of the appellant, but .acquitted the other accused. Allowing the appeal, the CourtB HELD: 1.1. A reading of s. 113A of the Evidence Act, 1872 wil…
Supreme Court of India8 Feb 2013Full text
2013 INSC 86 · [2013] 1 S.C.R. 853
[2013] 1 S.C.R. 853 THE COMMISSIONER, BANGALORE DEVELOPMENT A AUTHORITY & ANR. v. BRIJESH REDDY & ANR. (Civil Appeal No. 1051 of 2013) B FEBRUARY 08, 2013 [P. SATHASIVAM AND JAGDISH SINGH KHEHAR, JJ.] Code of Civil Procedure, 1908- s. 9 - Jurisdiction of civil court - To adjudicate on the dispute contemplated under C L…
Supreme Court of India8 Feb 2013Full text
2013 INSC 85 · [2013] 4 S.C.R. 104
[2013] 4 S.C.R. 104 A GOPAL SINGH v. STATE OF UTTARAKHAND (Criminal Appeal No. 291 of 2013) FEBRUARY 08, 2013 B [G.S. SINGHVI AND DIPAK MISRA, JJ.] Penal Code, 1860 - s. 324 - Conviction under, of. accused-appellant - For firing gunshot at PW3 from a country_ C made pistol ('kattaJ thereby causing firearm injury to him…
Supreme Court of India17 Dec 2013Full text
2013 INSC 849 · [2013] 17 S.C.R. 843
1.3. In the case on hand, the conclusion recorded by. both the courts befow that the deceased died an unnatural death is not based on any legal material on .B record. As seen from the trial court judgment, there are no injuries on the body of the deceased. The prosecution case in this regard has not been established, a…
Supreme Court of India17 Dec 2013Full text
2013 INSC 848 · [2013] 17 S.C.R. 801
ensure that A injustice is not perpetuated - One of the important attributes of discretionary jurisdiction is that such jurisdiction is not exercised where it is likely to be a futile exercise - Therefore, accepting preliminary objection and refusing to consider the ground newly raised by the Board would only "drive pa…
Also on Law on Tips: Bare Acts · Legal news and analysis