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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.
4,941–4,960 · Page 248 of 382
Supreme Court of India12 Dec 2013Full text
2013 INSC 829 · [2013] 17 S.C.R. 496
Precedent - Ratio decidendi - Held: The ratio of any decision must be understood in the background of the facts F of that case - Ratio decidendi of a judgment is not to be discerned from a stray word or phrase read in isolation - The case is only an authority for what it actually decides, and not what logically follows…
Supreme Court of India12 Dec 2013Full text
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.
4,941–4,960 · Page 248 of 382
Supreme Court of India12 Dec 2013Full text
2013 INSC 829 · [2013] 17 S.C.R. 496
Precedent - Ratio decidendi - Held: The ratio of any decision must be understood in the background of the facts F of that case - Ratio decidendi of a judgment is not to be discerned from a stray word or phrase read in isolation - The case is only an authority for what it actually decides, and not what logically follows…
Supreme Court of India12 Dec 2013Full text
2013 INSC 828 · [2013] 16 S.C.R. 1059
[2013] 16 S.C.R. 1059 DEAF EMPLOYEES WELFARE ASSOCIATION & A ANOTHER v. UNION OF INDIA & OTHERS (Writ Petition (Civil) No. 107 of 2011) B DECEMBER 12, 2013 [K.S. RADHAKRISHNAN AND A.K. SIKRI, JJ.] Constitution of India, 1950 - Articles 14 and 21 -Conveyan_ce allowance, paid to disabled Government C employees (visually …
Supreme Court of India12 Dec 2013Full text
2013 INSC 827 · [2013] 17 S.C.R. 1055
1056 SUPREME COURT REPORTS [2013) 17 S.C.R. A of on the basis of a submission made by third respondent that if an application for amendment is filed in the pending suit, he would not oppose the same - Division Bench, has erroneously opined that Company Judge in the main part of the order having rejected the application…
Supreme Court of India12 Dec 2013Full text
2013 INSC 826 · [2013] 16 S.C.R. 1045
[2013] 16 S.C.R. 1045 CHAIRMAN-CUM-MANAGING DIRECTOR & OTHERS A v. BHARAT CHANDRA BEHERA & ANOTHER (Civil Appeal No. 10996 of 2013) DECEMBER 12, 2013 B [SURINDER SINGH NIJJAR AND FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.] Service Law: c Appointment - Under scheme of employer for assistance to displaced persons whose land w…
Supreme Court of India11 Dec 2013Full text
2013 INSC 825 · [2013] 12 S.C.R. 793
D Allowing the appeal, the Court · HELD: 1.1. In the instant case, the complainant had not filed the complaint on the dishonor of the cheque in the first instance, but presented the said cheque again E for encashment. This right of the complainant in presenting the same very cheque for the second time is available to h…
Supreme Court of India11 Dec 2013Full text
2013 INSC 824 · [2013] 12 S.C.R. 783
[2013] 12 S.C.R. 783 BANK OF BARODA A v. S.K. KOOL (D) THROUGH LRS. AND ANR. (Civil Appeal No. 10956 of 2013) DECEMBER 11, 2013 B [CHANDRAMAUU KR. PRASAD AND JAGDISH SINGH KHEHAR, JJ.] Service Law: c Removal of bank employee from service 'witl1 superannuation benefits' - Held: In view of Regulation 22 of Pension Regula…
Supreme Court of India11 Dec 2013Full text
2013 INSC 823 · [2013] 17 S.C.R. 116
SURESH KUMAR KOUSHAL v. NAZ FOUNDATION 117 s. 377 - Acts of carnal intercourse against the order of A nature - Determination of - Held: Such acts can be determined with reference to the act itself and the circumstances in which they are executed. s. 377 - Applicability of - Held: In the light of plain B meaning and leg…
Supreme Court of India11 Dec 2013Full text
2013 INSC 822 · [2013] 11 S.C.R. 1124
[2013) 11 S.C.R. 1124 A SAMTA AANDOLAN SAMITI & ANR. v. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 677 of 2013) DECEMBER 11, 2013 B [K.S.RADHAKRISHNAN AND A.K. SIKRI, JJ.] Education - Admission - Medical admissions - MBBS - Choice given by respondents to SCISTIOBC candidates C taking admission in open competition…
Supreme Court of India11 Dec 2013Full text
2013 INSC 821 · [2013] 16 S.C.R. 1023
Disposing of the appeal, the Court HELD: 1. The findings recorded by ~he Industrial Tribunal are findings of fact. Such findings are not to be D interfered with by the High Court under Article 226 of the Constitution or by this Court under Article 136 of the Constitution. Interference is permissible only in case these …
Supreme Court of India10 Dec 2013Full text
2013 INSC 820 · [2013] 16 S.C.R. 979
[2013] 16 S.C.R. 979 DLF LIMITED A v. MANMOHAN LOWE AND OTHERS (Civil Appeal No. 10930 of 2013) DECEMBER 10, 2013 B [K.S. RADHAKRISHNAN AND A.K. SIKRI, JJ.] Urban Development - Haryana Apartment Ownership Act, 1983 - ss. 3(i), 3(f), 11 (2) - Haryana Development and Regulation of Urban Areas Act, 1975- ss. 3(3)(a)(iv) -…
Supreme Court of India7 Feb 2013Full text
2013 INSC 82 · [2013] 1 S.C.R. 801
Olumluulng the appeal, the Court G HELD: 1. Once a peruon lo appointed by the Court to be a Guardian of the property of ward, he lo bound to deal with the property au carefully ao a man of ordinary prudence would deal with It, If It were hlu own property. He lo bound to do all actG for the protoctlon and benefit H rof …
Supreme Court of India10 Dec 2013Full text
2013 INSC 819 · [2013] 17 S.C.R. 80
CIVIL APPELLATE JURISDICTION : Special Leave Petition(Civil) No. 25237 of 2010. E From the Judgment and Order dated 21.08.2009 of the High Court of Judicature at Allahabad in CMWP No. 15440 of 1998. Mohan Parasaran, SG, Siddharth Luthra, ASG, Harish N. F Salve, Sushil Kumar Jain, Rakesh Dwivedi, A. Mariarputham, Gaurav…
Supreme Court of India10 Dec 2013Full text
2013 INSC 818 · [2013] 17 S.C.R. 430
[2013) 17 S.C.R. 430 A VEER SINGH & ORS. v. STATE OF U.P. (Criminal Appeal No(s). 256-257 of 2009) DECEMBER 10, 2013 B [SUDHANSU JYOTI MUKHOPADHAYA AND C. NAGAPPAN, JJ.] Penal Code, 1860 - ss. 147, 148, 3071149, 3021149 and C 452 - Prosecution under - Murder of 12 persons - Attempt of murder of another member of that f…
Supreme Court of India10 Dec 2013Full text
2013 INSC 817 · [2013] 11 S.C.R. 1101
[2013] 11 S.C.R. 1101 CHATTERJEE PETROCHEM CO. & ANR A v. HALDIA PETROCHEMICALS LTD~ & ORS. (Civil Appeal No. 10932 of 2013) DECEMBER 10, 2013 B [G.S. SINGHVI AND V. GOPALA GOWDA, JJ.] Arbitration - Arbitration clause - Validity - Suit seeking injunction against arbitration of disputes - Maintainability -Appellant file…
Supreme Court of India10 Dec 2013Full text
2013 INSC 816 · [2013] 17 S.C.R. 447
Dispute arose with respect to the proposed construction of the residential-cum-commercial complex of the appellant in the vicinity of the Refinery run by the C first respondent Hindustan Petroleum Corporation Ltd. ('HPCL'). The area in question was earlier designated as a Special Industrial Zone, and commercial-cum-res…
Supreme Court of India10 Dec 2013Full text
2013 INSC 815 · [2013] 11 S.C.R. 1076
In a suit by plaintiff for declaration that she was lawful owner and in possession of 1/3 of the suit property D and consequential relief of cancellation of registration in favour of defendants-respondents in respect of 1/3 share in suit scheduled property, defendant no. 1 claimed to have acquired right by way of presc…
Supreme Court of India9 Dec 2013Full text
2013 INSC 814 · [2013] 16 S.C.R. 831
of High Court 8 perverse and contrary to the evidence on record and fit to be set aside for having not considered the future prospects of the deceased and also for adopting split multiplier method against the law laid down by Supreme Court - Claimants entitled for total compensation of Rs.23,43 lakhs and also c interes…
Supreme Court of India9 Dec 2013Full text
2013 INSC 813 · [2013] 12 S.C.R. 1120
Para 14 (1) and 16 - Fixation of price of bulk drug or formulation - Compliance of - Held: Once the Government exercises power and fixes maximum sale price of bulk drugs D specified in the First Schedule, there is ban to sell a bulk drug at a price exceeding the maximum sale price so fixed plus local taxes, if any - Tr…
Supreme Court of India9 Dec 2013Full text
2013 INSC 812 · [2013] 11 S.C.R. 1051
1052 SUPREME COURT REPORTS [2013] 11 S.C.R. A Contempt of Courts Act, 1971 - s.2(b) and 2(c)(iii) and 12 -Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975 - r.12. Civil Appeal No.10660 of 2010, in which the present contempt petition has been preferred, was filed under8 Article 136 of the Constituti…
Supreme Court of India9 Dec 2013Full text
2013 INSC 811 · [2013] 11 S.C.R. 1042
Cod~ of Criminal Procedure, 1973 - s. 311 - Retrial -Held: Court can direct retrial, where prosecution lacks in bringing hecessary evidence - Facts of the present case do not justify; parameters for retrial. E A summary trial was initiated by the Magistrate on the complaint of the appellant (PW1) u/s. 294(b) and 323 IP…
Also on Law on Tips: Bare Acts · Legal news and analysis
2013 INSC 828 · [2013] 16 S.C.R. 1059
[2013] 16 S.C.R. 1059 DEAF EMPLOYEES WELFARE ASSOCIATION & A ANOTHER v. UNION OF INDIA & OTHERS (Writ Petition (Civil) No. 107 of 2011) B DECEMBER 12, 2013 [K.S. RADHAKRISHNAN AND A.K. SIKRI, JJ.] Constitution of India, 1950 - Articles 14 and 21 -Conveyan_ce allowance, paid to disabled Government C employees (visually …
Supreme Court of India12 Dec 2013Full text
2013 INSC 827 · [2013] 17 S.C.R. 1055
1056 SUPREME COURT REPORTS [2013) 17 S.C.R. A of on the basis of a submission made by third respondent that if an application for amendment is filed in the pending suit, he would not oppose the same - Division Bench, has erroneously opined that Company Judge in the main part of the order having rejected the application…
Supreme Court of India12 Dec 2013Full text
2013 INSC 826 · [2013] 16 S.C.R. 1045
[2013] 16 S.C.R. 1045 CHAIRMAN-CUM-MANAGING DIRECTOR & OTHERS A v. BHARAT CHANDRA BEHERA & ANOTHER (Civil Appeal No. 10996 of 2013) DECEMBER 12, 2013 B [SURINDER SINGH NIJJAR AND FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.] Service Law: c Appointment - Under scheme of employer for assistance to displaced persons whose land w…
Supreme Court of India11 Dec 2013Full text
2013 INSC 825 · [2013] 12 S.C.R. 793
D Allowing the appeal, the Court · HELD: 1.1. In the instant case, the complainant had not filed the complaint on the dishonor of the cheque in the first instance, but presented the said cheque again E for encashment. This right of the complainant in presenting the same very cheque for the second time is available to h…
Supreme Court of India11 Dec 2013Full text
2013 INSC 824 · [2013] 12 S.C.R. 783
[2013] 12 S.C.R. 783 BANK OF BARODA A v. S.K. KOOL (D) THROUGH LRS. AND ANR. (Civil Appeal No. 10956 of 2013) DECEMBER 11, 2013 B [CHANDRAMAUU KR. PRASAD AND JAGDISH SINGH KHEHAR, JJ.] Service Law: c Removal of bank employee from service 'witl1 superannuation benefits' - Held: In view of Regulation 22 of Pension Regula…
Supreme Court of India11 Dec 2013Full text
2013 INSC 823 · [2013] 17 S.C.R. 116
SURESH KUMAR KOUSHAL v. NAZ FOUNDATION 117 s. 377 - Acts of carnal intercourse against the order of A nature - Determination of - Held: Such acts can be determined with reference to the act itself and the circumstances in which they are executed. s. 377 - Applicability of - Held: In the light of plain B meaning and leg…
Supreme Court of India11 Dec 2013Full text
2013 INSC 822 · [2013] 11 S.C.R. 1124
[2013) 11 S.C.R. 1124 A SAMTA AANDOLAN SAMITI & ANR. v. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 677 of 2013) DECEMBER 11, 2013 B [K.S.RADHAKRISHNAN AND A.K. SIKRI, JJ.] Education - Admission - Medical admissions - MBBS - Choice given by respondents to SCISTIOBC candidates C taking admission in open competition…
Supreme Court of India11 Dec 2013Full text
2013 INSC 821 · [2013] 16 S.C.R. 1023
Disposing of the appeal, the Court HELD: 1. The findings recorded by ~he Industrial Tribunal are findings of fact. Such findings are not to be D interfered with by the High Court under Article 226 of the Constitution or by this Court under Article 136 of the Constitution. Interference is permissible only in case these …
Supreme Court of India10 Dec 2013Full text
2013 INSC 820 · [2013] 16 S.C.R. 979
[2013] 16 S.C.R. 979 DLF LIMITED A v. MANMOHAN LOWE AND OTHERS (Civil Appeal No. 10930 of 2013) DECEMBER 10, 2013 B [K.S. RADHAKRISHNAN AND A.K. SIKRI, JJ.] Urban Development - Haryana Apartment Ownership Act, 1983 - ss. 3(i), 3(f), 11 (2) - Haryana Development and Regulation of Urban Areas Act, 1975- ss. 3(3)(a)(iv) -…
Supreme Court of India7 Feb 2013Full text
2013 INSC 82 · [2013] 1 S.C.R. 801
Olumluulng the appeal, the Court G HELD: 1. Once a peruon lo appointed by the Court to be a Guardian of the property of ward, he lo bound to deal with the property au carefully ao a man of ordinary prudence would deal with It, If It were hlu own property. He lo bound to do all actG for the protoctlon and benefit H rof …
Supreme Court of India10 Dec 2013Full text
2013 INSC 819 · [2013] 17 S.C.R. 80
CIVIL APPELLATE JURISDICTION : Special Leave Petition(Civil) No. 25237 of 2010. E From the Judgment and Order dated 21.08.2009 of the High Court of Judicature at Allahabad in CMWP No. 15440 of 1998. Mohan Parasaran, SG, Siddharth Luthra, ASG, Harish N. F Salve, Sushil Kumar Jain, Rakesh Dwivedi, A. Mariarputham, Gaurav…
Supreme Court of India10 Dec 2013Full text
2013 INSC 818 · [2013] 17 S.C.R. 430
[2013) 17 S.C.R. 430 A VEER SINGH & ORS. v. STATE OF U.P. (Criminal Appeal No(s). 256-257 of 2009) DECEMBER 10, 2013 B [SUDHANSU JYOTI MUKHOPADHAYA AND C. NAGAPPAN, JJ.] Penal Code, 1860 - ss. 147, 148, 3071149, 3021149 and C 452 - Prosecution under - Murder of 12 persons - Attempt of murder of another member of that f…
Supreme Court of India10 Dec 2013Full text
2013 INSC 817 · [2013] 11 S.C.R. 1101
[2013] 11 S.C.R. 1101 CHATTERJEE PETROCHEM CO. & ANR A v. HALDIA PETROCHEMICALS LTD~ & ORS. (Civil Appeal No. 10932 of 2013) DECEMBER 10, 2013 B [G.S. SINGHVI AND V. GOPALA GOWDA, JJ.] Arbitration - Arbitration clause - Validity - Suit seeking injunction against arbitration of disputes - Maintainability -Appellant file…
Supreme Court of India10 Dec 2013Full text
2013 INSC 816 · [2013] 17 S.C.R. 447
Dispute arose with respect to the proposed construction of the residential-cum-commercial complex of the appellant in the vicinity of the Refinery run by the C first respondent Hindustan Petroleum Corporation Ltd. ('HPCL'). The area in question was earlier designated as a Special Industrial Zone, and commercial-cum-res…
Supreme Court of India10 Dec 2013Full text
2013 INSC 815 · [2013] 11 S.C.R. 1076
In a suit by plaintiff for declaration that she was lawful owner and in possession of 1/3 of the suit property D and consequential relief of cancellation of registration in favour of defendants-respondents in respect of 1/3 share in suit scheduled property, defendant no. 1 claimed to have acquired right by way of presc…
Supreme Court of India9 Dec 2013Full text
2013 INSC 814 · [2013] 16 S.C.R. 831
of High Court 8 perverse and contrary to the evidence on record and fit to be set aside for having not considered the future prospects of the deceased and also for adopting split multiplier method against the law laid down by Supreme Court - Claimants entitled for total compensation of Rs.23,43 lakhs and also c interes…
Supreme Court of India9 Dec 2013Full text
2013 INSC 813 · [2013] 12 S.C.R. 1120
Para 14 (1) and 16 - Fixation of price of bulk drug or formulation - Compliance of - Held: Once the Government exercises power and fixes maximum sale price of bulk drugs D specified in the First Schedule, there is ban to sell a bulk drug at a price exceeding the maximum sale price so fixed plus local taxes, if any - Tr…
Supreme Court of India9 Dec 2013Full text
2013 INSC 812 · [2013] 11 S.C.R. 1051
1052 SUPREME COURT REPORTS [2013] 11 S.C.R. A Contempt of Courts Act, 1971 - s.2(b) and 2(c)(iii) and 12 -Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975 - r.12. Civil Appeal No.10660 of 2010, in which the present contempt petition has been preferred, was filed under8 Article 136 of the Constituti…
Supreme Court of India9 Dec 2013Full text
2013 INSC 811 · [2013] 11 S.C.R. 1042
Cod~ of Criminal Procedure, 1973 - s. 311 - Retrial -Held: Court can direct retrial, where prosecution lacks in bringing hecessary evidence - Facts of the present case do not justify; parameters for retrial. E A summary trial was initiated by the Magistrate on the complaint of the appellant (PW1) u/s. 294(b) and 323 IP…
Also on Law on Tips: Bare Acts · Legal news and analysis