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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.
481–500 · Page 25 of 382
Supreme Court of India21 Jan 2019Full text
2019 INSC 64 · [2019] 2 S.C.R. 521
appellant could not make a grievance of the non-communication of the ACRs for the relevant period – In Dev Dutt v. Union of India & Ors., it was held that fairness in public administration and transparency require that all entries in the Annual Confidential Reports (ACRs) of a public servant must be communicated within…
Supreme Court of India7 May 2019Full text
2019 INSC 639 · [2019] 7 S.C.R. 248
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.
481–500 · Page 25 of 382
Supreme Court of India21 Jan 2019Full text
2019 INSC 64 · [2019] 2 S.C.R. 521
appellant could not make a grievance of the non-communication of the ACRs for the relevant period – In Dev Dutt v. Union of India & Ors., it was held that fairness in public administration and transparency require that all entries in the Annual Confidential Reports (ACRs) of a public servant must be communicated within…
Supreme Court of India7 May 2019Full text
2019 INSC 639 · [2019] 7 S.C.R. 248
248 RAFIQ QURESHI v. NARCOTIC CONTROL BUREAU 249 EASTERN ZONAL UNIT sentence from 16 years to 12 years – Conviction of the appellant A maintained – Sentenced to undergo 12 years rigorous imprisonment, with Rs. 2 lakh fine, in default of payment of which the appellant to further undergo simple imprisonment for six month…
Supreme Court of India7 May 2019Full text
2019 INSC 636 · [2019] 7 S.C.R. 319
[2019] 7 S.C.R. 319 319 SASIKALA PUSHPA AND OTHERS A v. STATE OF TAMIL NADU (Criminal Appeal No. 855 of 2019) MAY 07, 2019 B [R. BANUMATHI AND S. ABDUL NAZEER, JJ.] Code of Criminal Procedure, 1973: s.340 – In a sexual harassment case against the appellants, the appellants filed anticipatory bail applications along wit…
Supreme Court of India7 May 2019Full text
2019 INSC 634 · [2019] 7 S.C.R. 309
309 310 SUPREME COURT REPORTS [2019] 7 S.C.R. A High Court affirming the conviction of the appellant-accused No. 1 set aside. Allowing the appeal, the Court HELD : 1. The occurrence was of 23.11.1997 at 09:00 PM in the agricultural field of complainant (PW-3), where it was dark. B The panchnama of the scene of occurren…
Supreme Court of India7 May 2019Full text
2019 INSC 633 · [2019] 7 S.C.R. 262
Practice & Procedure – Procedural requirement vis-a-vis principle of substantive law – Discussed. Dismissing the appeal, the Court HELD: 1.1 Procedure is the hand maiden of justice, the D technicalities of law should not be allowed to prevail over the demands of justice and obstacles in the path of the Court considerin…
Supreme Court of India6 May 2019Full text
2019 INSC 632 · [2019] 7 S.C.R. 905
abolished and the new policy having coming into force, the application was considered under the new policy and the options available were offered to the respondent who failed to avail the same – The offer of solatium could be the only remedy available, more so at this stage of time – The solatium of Rs.3 lakh was offer…
Supreme Court of India6 May 2019Full text
2019 INSC 631 · [2019] 7 S.C.R. 218
– Revisional jurisdiction conferred on the National Commission u/ s. 21(b) is with respect to a pending or disposed of ‘consumer dispute’ before the State Commission – Thus, the National Commission committed a jurisdictional error by entertaining the Revision Petition. E Disposing of the appeal, the Court HELD: 1.1 The…
Supreme Court of India6 May 2019Full text
2019 INSC 630 · [2019] 7 S.C.R. 335
Writ: Writ of habeas corpus – Maintainability of, in child custody matters – Held: Writ of habeas corpus is a prerogative process for securing the liberty of the subject by affording an H 335 336 SUPREME COURT REPORTS [2019] 7 S.C.R. A effective means of immediate release from an illegal or improper detention – Writ ex…
Supreme Court of India21 Jan 2019Full text
2019 INSC 63 · [2019] 1 S.C.R. 886
886 RELIANCE INFRASTRUCTURE LIMITED v. STATE OF 887 MAHARASHTRA adopted the remedy u/Art.226 was unjustified – However, there is A no infirmity in the impugned regulation and accordingly ultimate conclusion of the High Court to dismiss the Writ petition u/Art.226 affirmed – Electricity Act, 2003 – ss.61, 82, 111 and 18…
Supreme Court of India6 May 2019Full text
2019 INSC 629 · [2019] 7 S.C.R. 197
accordance with Regulations 7-10 – Respondents can not be considered to be ‘eligible’ for appointment under the erstwhile 1978 Regulations, since the steps set out in the aforesaid regulations had not been completed prior to the repeal of the old 1978 Rules and the 1978 Regulations – Further, the respondents did not ch…
Supreme Court of India6 May 2019Full text
2019 INSC 628 · [2019] 7 S.C.R. 181
C) State Cadre Service Rules, 2012 – r. 9(5) – Haryana State G Education School Cadre (Group C) Service Rules, 1998 – r. 9 – Constitution of India – Art. 21A. H 181 182 SUPREME COURT REPORTS [2019] 7 S.C.R. A Allowing the appeal, the Court HELD : 1. The High Court has taken a simplistic view on the bare reading of Rule…
Supreme Court of India6 May 2019Full text
2019 INSC 627 · [2019] 7 S.C.R. 234
Allowing the appeals, the Court HELD: 1.1 It has been erroneously held that the mutation entries for exchange by Respondent No.1 was valid. The purported oral exchange dated 01.08.1988, followed by the G Agreement dated 25.08.1988, between the then Principal of the School, with the President of the School, was a wholly…
Supreme Court of India6 May 2019Full text
2019 INSC 626 · [2019] 7 S.C.R. 163
Shikhil Suri, Shiv Kumar Suri, Advs. for the Appellant. H RAMBIR v. STATE OF NCT, DELHI 165 Ms. Pinky Anand, ASG, Ashok Panigrahi, P. S. Sudheer, Ms. Kirti A Dua, B.V. Balaram Das, Advs. for the Respondent. The Judgment of the Court was delivered by R. SUBHASH REDDY, J. 1. Leave granted. 2. This criminal appeal is dire…
Supreme Court of India6 May 2019Full text
2019 INSC 625 · [2019] 7 S.C.R. 243
F A. Andisamy Chettiar v. A. Subburaj Chettiar, (2015) 17 SCC 713 : [2015] 14 SCR 190 – referred to. Case Law Reference [2015] 14 SCR 190 Referred to. Para 3.2 G CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4628 of 2019. From the Judgment and Order dated 16.03.2018 of the National Consumer Disputes Redressal Commiss…
Supreme Court of India6 May 2019Full text
2019 INSC 624 · [2019] 7 S.C.R. 171
H 171 172 SUPREME COURT REPORTS [2019] 7 S.C.R. A Allowing the appeal, the Court HELD: 1.1 In the letter of Secretary, Minority Welfare Department dated 15.11.1997 communicated to other departments, the employees of their departments-appellants were selected for appointment ‘on the post of the District Minority B Welfa…
Supreme Court of India3 May 2019Full text
2019 INSC 623 · [2019] 7 S.C.R. 102
fully applicable – Division Bench of the High Court held that Act, 1959 does not exclude the applicability of the Limitation Act, 1963 – On appeal, held: The provisions of Limitation Act including s.5 can be applied in deciding an appeal by statutory authority which is not a Court by the statutory scheme of special or …
Supreme Court of India3 May 2019Full text
2019 INSC 622 · [2019] 7 S.C.R. 94
drugs in a research and development laboratory cannot be said to be at par with the testing done at the time manufacture – Judicial Review – Drugs and Cosmetics Act, 1961 – s.3(f). Allowing the appeals, the Court G HELD : 1. The essential qualifications for appointment to a post, are for the employer to decide. The emp…
Supreme Court of India3 May 2019Full text
2019 INSC 621 · [2019] 7 S.C.R. 295
indicated that the respondent was on a purely contractual appointment and that the services could be dispensed with, without notice at any stage – In view of the terms of the contractual engagement, there was no fault in the action of the appellant in terminating the respondent – The impugned judgment of the High Court…
Supreme Court of India3 May 2019Full text
2019 INSC 620 · [2019] 7 S.C.R. 12
12 SUPREME COURT[2019]REPORTS7 S.C.R. 12 [2019] 7 S.C.R. A FEDERATION OF OBSTETRICS AND GYNECOLOGICAL SOCIETIES OF INDIA (FOGSI) v. UNION OF INDIA AND OTHERS B (Writ Petition (Civil) No.129 of 2017) MAY 03, 2019 [ARUN MISHRA AND VINEET SARAN, JJ.] Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex S…
Supreme Court of India21 Jan 2019Full text
2019 INSC 62 · [2019] 1 S.C.R. 585
accordance with the rules as they existed on the date when the case for promotion was taken up – Further, r.9(4) of the 2006 Rules, relied on by the appellant, does not indicate that the vacancies must be filled on the basis of Rules as they prevail in the year in which they have occurred – Direction issued by the High…
Also on Law on Tips: Bare Acts · Legal news and analysis
248 RAFIQ QURESHI v. NARCOTIC CONTROL BUREAU 249 EASTERN ZONAL UNIT sentence from 16 years to 12 years – Conviction of the appellant A maintained – Sentenced to undergo 12 years rigorous imprisonment, with Rs. 2 lakh fine, in default of payment of which the appellant to further undergo simple imprisonment for six month…
Supreme Court of India7 May 2019Full text
2019 INSC 636 · [2019] 7 S.C.R. 319
[2019] 7 S.C.R. 319 319 SASIKALA PUSHPA AND OTHERS A v. STATE OF TAMIL NADU (Criminal Appeal No. 855 of 2019) MAY 07, 2019 B [R. BANUMATHI AND S. ABDUL NAZEER, JJ.] Code of Criminal Procedure, 1973: s.340 – In a sexual harassment case against the appellants, the appellants filed anticipatory bail applications along wit…
Supreme Court of India7 May 2019Full text
2019 INSC 634 · [2019] 7 S.C.R. 309
309 310 SUPREME COURT REPORTS [2019] 7 S.C.R. A High Court affirming the conviction of the appellant-accused No. 1 set aside. Allowing the appeal, the Court HELD : 1. The occurrence was of 23.11.1997 at 09:00 PM in the agricultural field of complainant (PW-3), where it was dark. B The panchnama of the scene of occurren…
Supreme Court of India7 May 2019Full text
2019 INSC 633 · [2019] 7 S.C.R. 262
Practice & Procedure – Procedural requirement vis-a-vis principle of substantive law – Discussed. Dismissing the appeal, the Court HELD: 1.1 Procedure is the hand maiden of justice, the D technicalities of law should not be allowed to prevail over the demands of justice and obstacles in the path of the Court considerin…
Supreme Court of India6 May 2019Full text
2019 INSC 632 · [2019] 7 S.C.R. 905
abolished and the new policy having coming into force, the application was considered under the new policy and the options available were offered to the respondent who failed to avail the same – The offer of solatium could be the only remedy available, more so at this stage of time – The solatium of Rs.3 lakh was offer…
Supreme Court of India6 May 2019Full text
2019 INSC 631 · [2019] 7 S.C.R. 218
– Revisional jurisdiction conferred on the National Commission u/ s. 21(b) is with respect to a pending or disposed of ‘consumer dispute’ before the State Commission – Thus, the National Commission committed a jurisdictional error by entertaining the Revision Petition. E Disposing of the appeal, the Court HELD: 1.1 The…
Supreme Court of India6 May 2019Full text
2019 INSC 630 · [2019] 7 S.C.R. 335
Writ: Writ of habeas corpus – Maintainability of, in child custody matters – Held: Writ of habeas corpus is a prerogative process for securing the liberty of the subject by affording an H 335 336 SUPREME COURT REPORTS [2019] 7 S.C.R. A effective means of immediate release from an illegal or improper detention – Writ ex…
Supreme Court of India21 Jan 2019Full text
2019 INSC 63 · [2019] 1 S.C.R. 886
886 RELIANCE INFRASTRUCTURE LIMITED v. STATE OF 887 MAHARASHTRA adopted the remedy u/Art.226 was unjustified – However, there is A no infirmity in the impugned regulation and accordingly ultimate conclusion of the High Court to dismiss the Writ petition u/Art.226 affirmed – Electricity Act, 2003 – ss.61, 82, 111 and 18…
Supreme Court of India6 May 2019Full text
2019 INSC 629 · [2019] 7 S.C.R. 197
accordance with Regulations 7-10 – Respondents can not be considered to be ‘eligible’ for appointment under the erstwhile 1978 Regulations, since the steps set out in the aforesaid regulations had not been completed prior to the repeal of the old 1978 Rules and the 1978 Regulations – Further, the respondents did not ch…
Supreme Court of India6 May 2019Full text
2019 INSC 628 · [2019] 7 S.C.R. 181
C) State Cadre Service Rules, 2012 – r. 9(5) – Haryana State G Education School Cadre (Group C) Service Rules, 1998 – r. 9 – Constitution of India – Art. 21A. H 181 182 SUPREME COURT REPORTS [2019] 7 S.C.R. A Allowing the appeal, the Court HELD : 1. The High Court has taken a simplistic view on the bare reading of Rule…
Supreme Court of India6 May 2019Full text
2019 INSC 627 · [2019] 7 S.C.R. 234
Allowing the appeals, the Court HELD: 1.1 It has been erroneously held that the mutation entries for exchange by Respondent No.1 was valid. The purported oral exchange dated 01.08.1988, followed by the G Agreement dated 25.08.1988, between the then Principal of the School, with the President of the School, was a wholly…
Supreme Court of India6 May 2019Full text
2019 INSC 626 · [2019] 7 S.C.R. 163
Shikhil Suri, Shiv Kumar Suri, Advs. for the Appellant. H RAMBIR v. STATE OF NCT, DELHI 165 Ms. Pinky Anand, ASG, Ashok Panigrahi, P. S. Sudheer, Ms. Kirti A Dua, B.V. Balaram Das, Advs. for the Respondent. The Judgment of the Court was delivered by R. SUBHASH REDDY, J. 1. Leave granted. 2. This criminal appeal is dire…
Supreme Court of India6 May 2019Full text
2019 INSC 625 · [2019] 7 S.C.R. 243
F A. Andisamy Chettiar v. A. Subburaj Chettiar, (2015) 17 SCC 713 : [2015] 14 SCR 190 – referred to. Case Law Reference [2015] 14 SCR 190 Referred to. Para 3.2 G CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4628 of 2019. From the Judgment and Order dated 16.03.2018 of the National Consumer Disputes Redressal Commiss…
Supreme Court of India6 May 2019Full text
2019 INSC 624 · [2019] 7 S.C.R. 171
H 171 172 SUPREME COURT REPORTS [2019] 7 S.C.R. A Allowing the appeal, the Court HELD: 1.1 In the letter of Secretary, Minority Welfare Department dated 15.11.1997 communicated to other departments, the employees of their departments-appellants were selected for appointment ‘on the post of the District Minority B Welfa…
Supreme Court of India3 May 2019Full text
2019 INSC 623 · [2019] 7 S.C.R. 102
fully applicable – Division Bench of the High Court held that Act, 1959 does not exclude the applicability of the Limitation Act, 1963 – On appeal, held: The provisions of Limitation Act including s.5 can be applied in deciding an appeal by statutory authority which is not a Court by the statutory scheme of special or …
Supreme Court of India3 May 2019Full text
2019 INSC 622 · [2019] 7 S.C.R. 94
drugs in a research and development laboratory cannot be said to be at par with the testing done at the time manufacture – Judicial Review – Drugs and Cosmetics Act, 1961 – s.3(f). Allowing the appeals, the Court G HELD : 1. The essential qualifications for appointment to a post, are for the employer to decide. The emp…
Supreme Court of India3 May 2019Full text
2019 INSC 621 · [2019] 7 S.C.R. 295
indicated that the respondent was on a purely contractual appointment and that the services could be dispensed with, without notice at any stage – In view of the terms of the contractual engagement, there was no fault in the action of the appellant in terminating the respondent – The impugned judgment of the High Court…
Supreme Court of India3 May 2019Full text
2019 INSC 620 · [2019] 7 S.C.R. 12
12 SUPREME COURT[2019]REPORTS7 S.C.R. 12 [2019] 7 S.C.R. A FEDERATION OF OBSTETRICS AND GYNECOLOGICAL SOCIETIES OF INDIA (FOGSI) v. UNION OF INDIA AND OTHERS B (Writ Petition (Civil) No.129 of 2017) MAY 03, 2019 [ARUN MISHRA AND VINEET SARAN, JJ.] Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex S…
Supreme Court of India21 Jan 2019Full text
2019 INSC 62 · [2019] 1 S.C.R. 585
accordance with the rules as they existed on the date when the case for promotion was taken up – Further, r.9(4) of the 2006 Rules, relied on by the appellant, does not indicate that the vacancies must be filled on the basis of Rules as they prevail in the year in which they have occurred – Direction issued by the High…
Also on Law on Tips: Bare Acts · Legal news and analysis