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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.
4,961–4,980 · Page 249 of 382
Supreme Court of India6 Dec 2013Full text
2013 INSC 810 · [2013] 12 S.C.R. 772
STATE OF MADHYA PRADESH v. PRADEEP 773 SHARMA The respondents in both the appeals alongwith A others were accused of the offences punishable u/ss 302 and 120-B read with s. 34 IPC, as they were alleged to have administered poisonous substance to one 'RS' and thus caused his death. A charge-sheet was filed against five …
Supreme Court of India7 Feb 2013Full text
2013 INSC 81 · [2013] 4 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.
4,961–4,980 · Page 249 of 382
Supreme Court of India6 Dec 2013Full text
2013 INSC 810 · [2013] 12 S.C.R. 772
STATE OF MADHYA PRADESH v. PRADEEP 773 SHARMA The respondents in both the appeals alongwith A others were accused of the offences punishable u/ss 302 and 120-B read with s. 34 IPC, as they were alleged to have administered poisonous substance to one 'RS' and thus caused his death. A charge-sheet was filed against five …
Supreme Court of India7 Feb 2013Full text
2013 INSC 81 · [2013] 4 S.C.R. 80
c Dismissing the appeal, the Court HE.LO; Per Gyan Sudha Misra. J .. · 1~1. When ~ cheque is issued by ~ person who has . D signed on the cheque and the ·compl~inant reasonably .· discharges the burden that the cheque had been issued towards a lzwful payment, it is for the accused to discharge the burden under Section …
Supreme Court of India6 Dec 2013Full text
2013 INSC 809 · [2013] 17 S.C.R. 395
Dismissing the appeal, the Court HELD: 1.1. In construing fiscal statutes and in H STATE OF RAJASTHAN v. BASANT AGROTECH 397 (INDIA) LTD. determining the liability of a subject to tax, one must have A regard to the strict letter of the law and not merely to the spirit of the statute or the substance of the law. If the …
Supreme Court of India6 Dec 2013Full text
2013 INSC 808 · [2013] 12 S.C.R. 999
\ [2013] 12 S.C.R. 999 BHARAT SANCHAR NIGAM LIMITED A v. TELECOMREGULATORY AUTHORITY OF INDIA AND OTHERS (Civil Appeal No. 5253 of 2010) B DECEMBER 6, 2013 [G.S. SINGHVI, DR. B.S. CHAUHAN AND FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.] Telecom Regulatory Authority of India Act, 1997: C s.36 - Power of Telecom Regulatory Aut…
Supreme Court of India6 Dec 2013Full text
2013 INSC 807 · [2013] 16 S.C.R. 815
The Judgment of the Court was delivered by E P. SATHASIVAM, CJI. 1. Leave granted, 2. This appeal is directed against the final judgment and order dated 09.04.2012 passed by the 'High Court of Madhya Pradesh in Writ Petition No. 3803 of 2011 whereby the Division F Bench of the High Court dismissed the petition filed by…
Supreme Court of India6 Dec 2013Full text
2013 INSC 806 · [2013] 12 S.C.R. 761
ss. 18 and 30 - References under - Distinction between - Explained - Limitation for filing reference uls 18 - Held: The F two Sections operate in entirely different circumstances -While s. 18 applies to situations where the apportionment made in the award is objected to by a beneficiary thereunder, s.30 applies when no…
Supreme Court of India5 Dec 2013Full text
2013 INSC 805 · [2013] 12 S.C.R. 985
[2013] 12 S.C.R. 985 SASIDHAR REDDY SURA A v. THE STATE OF ANDHRA PRADESH & ORS. (Civil Appeal No. 10836 of 2013) DECEMBER 05, 2013 B [ANIL R. DAVE AND DIPAK' MISRA, JJ.] Judicial Service - A.P. State Judicial Services -Appointment - To the post of District and Sessions Judge (Entry Level) - Eligibility - Absence of mi…
Supreme Court of India5 Dec 2013Full text
2013 INSC 804 · [2013] 16 S.C.R. 788
Criminal Trial - Role of court - While conducting a criminal proceeding, the courts should maintain a belligerent F approach, instead of a wooden one. In a criminal trial, where a charge u/s. 376(2)(g) IPC was alleged, the prosecutrix/PW25 in the case, approached the public prosecutor alleging that PW-18, (a G Judicial…
Supreme Court of India5 Dec 2013Full text
2013 INSC 803 · [2013] 12 S.C.R. 753
- Various defects in the evidence of respondent, as noted by F the trial Court were simply brushed aside by the High Court without assigning any valid reason - Serious lacuna in the evidence of respondent which strikes at the root of the complaint uls.138 - This factor not examined by the High Court while reversing the…
Supreme Court of India2 Dec 2013Full text
2013 INSC 802 · [2013] 12 S.C.R. 555
08. 06. 2011 - High Court was not at all justified to review the order dated 08.06.2011 - Impugned order is set aside. F In a suit for injunction restraining the Municipal Corporation and the Assistant City Planner, respondents nos. 2 and 3, respectively, from interfering with the construction being put up by the plain…
Supreme Court of India2 Dec 2013Full text
2013 INSC 801 · [2013] 11 S.C.R. 1029
ss. 48(1), 16 and 17 - Application of de-notification of acquired land - Maintainability of - ·Held: Once possession E is taken u/ss. 16 and 17, the land vests in State, free from all encumbrances - Once land is vested in State, free from all encumbrances, it cannot be divested - In the facts of the case, since the pos…
Supreme Court of India29 Nov 2013Full text
2013 INSC 800 · [2013] 16 S.C.R. 969
The appellant-APMC filed Special Civil Application under Articles 14, 19, 21 and 226 of the Constitution before the High Court, seeking relief for the issue of a writ of certiorari or any other appropriate writ, order or 969 H 970 SUPREME COURT REPORTS [2013] 16 S.C.R. A direction, to set aside order passed in Revision…
Supreme Court of India7 Feb 2013Full text
2013 INSC 80 · [2013] 1 S.C.R. 794
- Further, taking note of the fact that the suit for bare injunction E was filed without seeking leave u!Or.2, r.2 CPC reserving the right to sue for any other relief, the High Court held that in light of the same if the plaintiffs were barred from claiming any relief of specific performance, the incidental relief of i…
Supreme Court of India4 Jan 2013Full text
2013 INSC 8 · [2013] 2 S.C.R. 881
Code of Criminal Procedure, 1973 - s. 378 - Appeal against acquittal - Interference with - Power of High Court -Scope of - Held: High Court, as an appellate court, even while dealing with an appeal against acquittal, entitled to re- E appreciate the entire evidence - Appeal. Witness - Related witness - Evidentiary valu…
Supreme Court of India29 Nov 2013Full text
2013 INSC 799 · [2013] 16 S.C.R. 939
940 SUPREME COURT REPORTS [2013] 16 S.C.R. A to pay market fee which is cess on purchase of castor seeds, justifying the claim of APMC - Gujarat Agricultural Produce Markets Act, 1963 - ss.2(1)(i) and 28 - Gujarat Agricultural Produce Market Rules, 1965 - r.48 - Sale of Goods Act, 1930 - ss. 19, 20 and 21. B Agricultur…
Supreme Court of India29 Nov 2013Full text
2013 INSC 798 · [2013] 17 S.C.R. 786
PARAGON RUBBER INDUSTRIES v. PRAGATHI 787 RUBBER MILLS maintainable, and gave liberty to amend the plaint so as A to make the suit maintainable before the District Court, Kottayam. Hence the plaintiff filed appeal before this Court challenging the order of High Court. The defendant also filed appeal to this Court chall…
Supreme Court of India29 Nov 2013Full text
2013 INSC 797 · [2013] 12 S.C.R. 540
PURUSHOTTAM v. STATE OF KARNATAKA 541 use even when it is transferred to another party. The A legislative intent of the Bangalore Development Authority (Amendment) Act, 1991which came into force w.e.f. 16.1.1991 is to prevent the diversion of the user of an area reserved for a public park or playground or civic amenity…
Supreme Court of India29 Nov 2013Full text
2013 INSC 796 · [2013] 12 S.C.R. 529
[2013] 12 S.C.R. 529 MAA BINDA EXPRESS CARRIER AND ANR. A v. NORTHEAST FRONTIER RAILWAY AND ORS. (Civil Appeal No. 10751 of 2013) NOVEMBER 29, 2013 B rr.s. THAKUR AND VIKRAMAJIT SEN, JJ.] Government Contracts: Tenders - Cancellation of tender process for deficiencies c therein - Held: Submission of a tender in response…
Supreme Court of India28 Nov 2013Full text
2013 INSC 795 · [2013] 12 S.C.R. 973
[2013] 12 S.C.R. 973 STATE OF RAJASTHAN A v. SHAMBHU KEWAT AND ANOTHER (Criminal Appeal No. 2018 of 2013) NOVEMBER 28, 2013 B [K. S. RADHAKRISHNAN AND A. K. SIKRI, JJ.] Penal Code, 1860 - s.307 - Conviction under, by trial courl - In appeal, the offence compounded by High Courl on the basis of compromise between parlie…
Supreme Court of India28 Nov 2013Full text
2013 INSC 794 · [2013] 12 S.C.R. 947
[2013] 12 S.C.R. 947 MAOHU @ MADHURANATHA & ANR. A v. STATE OF KARNATAKA (Criminal Appeal Nos.1357-1358 of 2011) NOVEMBER 28, 2013 B [DR. B.S. CHAUHAN AND S.A. BOBDE, JJ.] Evidence - Circumstantial evidence - Appreciation of -Prosecution case that with the motive of committing robbery, the three accused-appellants murd…
Also on Law on Tips: Bare Acts · Legal news and analysis
c Dismissing the appeal, the Court HE.LO; Per Gyan Sudha Misra. J .. · 1~1. When ~ cheque is issued by ~ person who has . D signed on the cheque and the ·compl~inant reasonably .· discharges the burden that the cheque had been issued towards a lzwful payment, it is for the accused to discharge the burden under Section …
Supreme Court of India6 Dec 2013Full text
2013 INSC 809 · [2013] 17 S.C.R. 395
Dismissing the appeal, the Court HELD: 1.1. In construing fiscal statutes and in H STATE OF RAJASTHAN v. BASANT AGROTECH 397 (INDIA) LTD. determining the liability of a subject to tax, one must have A regard to the strict letter of the law and not merely to the spirit of the statute or the substance of the law. If the …
Supreme Court of India6 Dec 2013Full text
2013 INSC 808 · [2013] 12 S.C.R. 999
\ [2013] 12 S.C.R. 999 BHARAT SANCHAR NIGAM LIMITED A v. TELECOMREGULATORY AUTHORITY OF INDIA AND OTHERS (Civil Appeal No. 5253 of 2010) B DECEMBER 6, 2013 [G.S. SINGHVI, DR. B.S. CHAUHAN AND FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.] Telecom Regulatory Authority of India Act, 1997: C s.36 - Power of Telecom Regulatory Aut…
Supreme Court of India6 Dec 2013Full text
2013 INSC 807 · [2013] 16 S.C.R. 815
The Judgment of the Court was delivered by E P. SATHASIVAM, CJI. 1. Leave granted, 2. This appeal is directed against the final judgment and order dated 09.04.2012 passed by the 'High Court of Madhya Pradesh in Writ Petition No. 3803 of 2011 whereby the Division F Bench of the High Court dismissed the petition filed by…
Supreme Court of India6 Dec 2013Full text
2013 INSC 806 · [2013] 12 S.C.R. 761
ss. 18 and 30 - References under - Distinction between - Explained - Limitation for filing reference uls 18 - Held: The F two Sections operate in entirely different circumstances -While s. 18 applies to situations where the apportionment made in the award is objected to by a beneficiary thereunder, s.30 applies when no…
Supreme Court of India5 Dec 2013Full text
2013 INSC 805 · [2013] 12 S.C.R. 985
[2013] 12 S.C.R. 985 SASIDHAR REDDY SURA A v. THE STATE OF ANDHRA PRADESH & ORS. (Civil Appeal No. 10836 of 2013) DECEMBER 05, 2013 B [ANIL R. DAVE AND DIPAK' MISRA, JJ.] Judicial Service - A.P. State Judicial Services -Appointment - To the post of District and Sessions Judge (Entry Level) - Eligibility - Absence of mi…
Supreme Court of India5 Dec 2013Full text
2013 INSC 804 · [2013] 16 S.C.R. 788
Criminal Trial - Role of court - While conducting a criminal proceeding, the courts should maintain a belligerent F approach, instead of a wooden one. In a criminal trial, where a charge u/s. 376(2)(g) IPC was alleged, the prosecutrix/PW25 in the case, approached the public prosecutor alleging that PW-18, (a G Judicial…
Supreme Court of India5 Dec 2013Full text
2013 INSC 803 · [2013] 12 S.C.R. 753
- Various defects in the evidence of respondent, as noted by F the trial Court were simply brushed aside by the High Court without assigning any valid reason - Serious lacuna in the evidence of respondent which strikes at the root of the complaint uls.138 - This factor not examined by the High Court while reversing the…
Supreme Court of India2 Dec 2013Full text
2013 INSC 802 · [2013] 12 S.C.R. 555
08. 06. 2011 - High Court was not at all justified to review the order dated 08.06.2011 - Impugned order is set aside. F In a suit for injunction restraining the Municipal Corporation and the Assistant City Planner, respondents nos. 2 and 3, respectively, from interfering with the construction being put up by the plain…
Supreme Court of India2 Dec 2013Full text
2013 INSC 801 · [2013] 11 S.C.R. 1029
ss. 48(1), 16 and 17 - Application of de-notification of acquired land - Maintainability of - ·Held: Once possession E is taken u/ss. 16 and 17, the land vests in State, free from all encumbrances - Once land is vested in State, free from all encumbrances, it cannot be divested - In the facts of the case, since the pos…
Supreme Court of India29 Nov 2013Full text
2013 INSC 800 · [2013] 16 S.C.R. 969
The appellant-APMC filed Special Civil Application under Articles 14, 19, 21 and 226 of the Constitution before the High Court, seeking relief for the issue of a writ of certiorari or any other appropriate writ, order or 969 H 970 SUPREME COURT REPORTS [2013] 16 S.C.R. A direction, to set aside order passed in Revision…
Supreme Court of India7 Feb 2013Full text
2013 INSC 80 · [2013] 1 S.C.R. 794
- Further, taking note of the fact that the suit for bare injunction E was filed without seeking leave u!Or.2, r.2 CPC reserving the right to sue for any other relief, the High Court held that in light of the same if the plaintiffs were barred from claiming any relief of specific performance, the incidental relief of i…
Supreme Court of India4 Jan 2013Full text
2013 INSC 8 · [2013] 2 S.C.R. 881
Code of Criminal Procedure, 1973 - s. 378 - Appeal against acquittal - Interference with - Power of High Court -Scope of - Held: High Court, as an appellate court, even while dealing with an appeal against acquittal, entitled to re- E appreciate the entire evidence - Appeal. Witness - Related witness - Evidentiary valu…
Supreme Court of India29 Nov 2013Full text
2013 INSC 799 · [2013] 16 S.C.R. 939
940 SUPREME COURT REPORTS [2013] 16 S.C.R. A to pay market fee which is cess on purchase of castor seeds, justifying the claim of APMC - Gujarat Agricultural Produce Markets Act, 1963 - ss.2(1)(i) and 28 - Gujarat Agricultural Produce Market Rules, 1965 - r.48 - Sale of Goods Act, 1930 - ss. 19, 20 and 21. B Agricultur…
Supreme Court of India29 Nov 2013Full text
2013 INSC 798 · [2013] 17 S.C.R. 786
PARAGON RUBBER INDUSTRIES v. PRAGATHI 787 RUBBER MILLS maintainable, and gave liberty to amend the plaint so as A to make the suit maintainable before the District Court, Kottayam. Hence the plaintiff filed appeal before this Court challenging the order of High Court. The defendant also filed appeal to this Court chall…
Supreme Court of India29 Nov 2013Full text
2013 INSC 797 · [2013] 12 S.C.R. 540
PURUSHOTTAM v. STATE OF KARNATAKA 541 use even when it is transferred to another party. The A legislative intent of the Bangalore Development Authority (Amendment) Act, 1991which came into force w.e.f. 16.1.1991 is to prevent the diversion of the user of an area reserved for a public park or playground or civic amenity…
Supreme Court of India29 Nov 2013Full text
2013 INSC 796 · [2013] 12 S.C.R. 529
[2013] 12 S.C.R. 529 MAA BINDA EXPRESS CARRIER AND ANR. A v. NORTHEAST FRONTIER RAILWAY AND ORS. (Civil Appeal No. 10751 of 2013) NOVEMBER 29, 2013 B rr.s. THAKUR AND VIKRAMAJIT SEN, JJ.] Government Contracts: Tenders - Cancellation of tender process for deficiencies c therein - Held: Submission of a tender in response…
Supreme Court of India28 Nov 2013Full text
2013 INSC 795 · [2013] 12 S.C.R. 973
[2013] 12 S.C.R. 973 STATE OF RAJASTHAN A v. SHAMBHU KEWAT AND ANOTHER (Criminal Appeal No. 2018 of 2013) NOVEMBER 28, 2013 B [K. S. RADHAKRISHNAN AND A. K. SIKRI, JJ.] Penal Code, 1860 - s.307 - Conviction under, by trial courl - In appeal, the offence compounded by High Courl on the basis of compromise between parlie…
Supreme Court of India28 Nov 2013Full text
2013 INSC 794 · [2013] 12 S.C.R. 947
[2013] 12 S.C.R. 947 MAOHU @ MADHURANATHA & ANR. A v. STATE OF KARNATAKA (Criminal Appeal Nos.1357-1358 of 2011) NOVEMBER 28, 2013 B [DR. B.S. CHAUHAN AND S.A. BOBDE, JJ.] Evidence - Circumstantial evidence - Appreciation of -Prosecution case that with the motive of committing robbery, the three accused-appellants murd…
Also on Law on Tips: Bare Acts · Legal news and analysis