⚖
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.
5,061–5,080 · Page 254 of 382
Supreme Court of India25 Oct 2013Full text
2013 INSC 721 · [2013] 14 S.C.R. 579
before this Court was whether the relevant clauses in the contracts entered into between the parties (Clause 29 in 579 H 580 SUPREME COURT REPORTS (2013] 14 S.C.R. A one of the contract and similar clauses in other contracts) ought to be treated as an arbitration clause providing for resolution of the disputes by arbitration or were in the nature of departmental dispute resolution mechanism. B Disposing the appeals, the Court
Supreme Court of India24 Oct 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.
5,061–5,080 · Page 254 of 382
Supreme Court of India25 Oct 2013Full text
2013 INSC 721 · [2013] 14 S.C.R. 579
before this Court was whether the relevant clauses in the contracts entered into between the parties (Clause 29 in 579 H 580 SUPREME COURT REPORTS (2013] 14 S.C.R. A one of the contract and similar clauses in other contracts) ought to be treated as an arbitration clause providing for resolution of the disputes by arbitration or were in the nature of departmental dispute resolution mechanism. B Disposing the appeals, the Court
Supreme Court of India24 Oct 2013Full text
2013 INSC 720 · [2013] 10 S.C.R. 521
OFFICER & ORS. Central Bureau of Investigation vs. K. Narayana Rao A (2012) 9 SCC 512:2012 (9) SCR 54; State of Haryana vs. Bhajan Lal 1992 Supp. (1) SCC 335:1991 (1) Suppl. SCR 387; Stree Atyachar Virod~i Parishad vs. Dilip Nathumal Chordia and Anr. (1989) 1 SCC 715: 1989 (1) SCR 560 • relied on. B Case Law Reference:…
Supreme Court of India4 Feb 2013Full text
2013 INSC 72 · [2013] 3 S.C.R. 1172
Evidence - Weapon of offence - Recovered at the behest of the accused - Blood stuck on the weapon - Failure D by sero/ogist to detect origin of the blood due to dis-integration of the serum - Effect - Held: It does not mean that the blood stuck on the weapon of offence could not have been human blood at all - Sometimes…
Supreme Court of India24 Oct 2013Full text
2013 INSC 719 · [2013] 11 S.C.R. 471
Annual Confidential Report - Adverse entry -Representation against - Rejection of - Review against -Before higher authority - Expunction of adverse remarks -Restoration of adverse remarks on the ground that second F representation against the remarks not maintainable - Held: Restoration of adverse remarks were not corr…
Supreme Court of India24 Oct 2013Full text
2013 INSC 718 · [2013] 11 S.C.R. 446
E Appeal- Appeal against acquittal - Scope of jurisdiction of appellate court - Discussed. Appellant-accused alongwith other two accused were prosecuted for the offences1 u/ss. 302 and 307 r/w. s. 34 IPC and u/ss. 25 and 27 of Arms Act, 1959. As per F the prosecution case accused persons attacked the victim party with …
Supreme Court of India24 Oct 2013Full text
2013 INSC 717 · [2013] 12 S.C.R. 30
DR. BALRAM PRASAD v. DR. KUNAL SAHA & ORS. 31 additional claims by way of affidavit before National A Commission - Held: Claim for enhancement of compensation by claimant is justified - Claimant is entitled for enhanced compensation under certain items in additional claim preferred before National Commission - Further,…
Supreme Court of India24 Oct 2013Full text
2013 INSC 716 · [2013] 10 S.C.R. 279
Respondent no.1 retired from the service of appellant-company on 31-5-1990. He had applied for commutation of his pension prior to his retirement but he E . had not received the commuted pension amount of Rs.87,400/.: and was not receiving his full pension. Application was filed by respondent no.·1 before the iribunal …
Supreme Court of India24 Oct 2013Full text
2013 INSC 715 · [2013] 12 S.C.R. 165
F The complainant-appellant was first accosted by respondent no. 1 over collection of donation from the former and when he reported the matter to police, respondent no. 1 with 30-35 supporters armed with lathis and firearms went to his shop and wielded lathis and also G opened fire causing death of one person and injur…
Supreme Court of India23 Oct 2013Full text
2013 INSC 714 · [2013] 16 S.C.R. 542
- Held: The order issued by the Magistrate deciding to D summon an accused in .exercise of his power u!ss. 200 to 204 CrPC would be an order of intermediatory or quasi-final in • nature and not interlocutory in nature - In view of the said position viz., such an order is intermediatory order or quasi-fina/ order, the r…
Supreme Court of India23 Oct 2013Full text
2013 INSC 713 · [2013] 11 S.C.R. 427
428 SUPREME COURT REPORTS [2013] 11 S.C.R. A of Review Committee repol1 and also the observations of the Single Judge that it was the first case in her entire service career where the appellant faced deparlmental proceedings - Since the punishment to be awarded would not be dismissal, removal or compulsory retirement, …
Supreme Court of India22 Oct 2013Full text
2013 INSC 712 · [2013] 11 S.C.R. 395
- But if in the course of inquiry any a/legations are made against the probationer, which results into a stigma, the probationer ought to be afforded protection u!Art. 311(2) - In the present case no opportunity was afforded to the officer -The facts of the case, ·also do not establish her unsuitability E to the post -…
Supreme Court of India22 Oct 2013Full text
2013 INSC 711 · [2013] 12 S.C.R. 20
Party - Non-joinder of affected party - Effect ol'. The writ petition of the respondent in C.A. No.9544 of 2013 challenging the order dated 1.12.1992 awarding G him punishment of censure and on that basis denying him promotion by order dated 22.8.1997 was allowed by ·single Judge of the High Court who quashed the order…
Supreme Court of India22 Oct 2013Full text
2013 INSC 710 · [2013] 9 S.C.R. 1126
1128 . SUPREME COURT REPORTS [2013] 9 S.C.R. A 5(16) were arbitrary and violative of Art. 14 of the Constitution of India. The appellant filed another writ petition, inter alia, praying for direction to the State authorities to refund the amount paid by her as initial deposit. The writ petitions were allowed by the sin…
Supreme Court of India1 Feb 2013Full text
2013 INSC 71 · [2013] 1 S.C.R. 705
F The five appellants were temporarily employed with the respondent-Corporation on different dates on daily wages as and when work was available. They were terminated from their services on different dates. Appellant Nos. 1 to 4 approached the Labour Commissioner for conciliation after 8 to 10 years from the G date of …
Supreme Court of India22 Oct 2013Full text
2013 INSC 709 · [2013] 9 S.C.R. 1103
The petitioner in the instant writ petition filed in public interest, sought for constituting an independent Expert/ Technical Committee to evaluate the harmful effects of H soft drinks on human health, particularly on the health of CENTRE FOR PUBLIC INTEREST LITIGATION v. 1105 UNION OF INDIA children and for a directi…
Supreme Court of India21 Oct 2013Full text
2013 INSC 708 · [2013] 17 S.C.R. 992
The State contended that the present case was 8covered by 25FF. The Trade Union claimed relief on .the. basis of parity with' the other group of to workmen, wherein order of reinstatement was granted with 25% backwages and the order had attained finality. It was contended that any other order deviating from the judgmen…
Supreme Court of India18 Oct 2013Full text
2013 INSC 707 · [2013] 11 S.C.R. 943
High Court held that grant of rebate of tax by the State Government discriminated between the imported goods and the goods manufactured in Uttar Pradesh E restricting the free movement of goods from one State to the other and therefore impinges articles 301 and 304(a) cf the Constitution. The Court further applying doc…
Supreme Court of India18 Oct 2013Full text
2013 INSC 706 · [2013] 14 S.C.R. 877
Appeal against acquittal - Acquittal order - Interference with - Held: There is no embargo on appellate court to interfere with acquittal order - Paramount consideration of the Court is to ensure prevention of miscarriage of justice. F 20 accused, including the appellants-accused were prosecuted u/ss. 147, 148, 302 IPC…
Supreme Court of India18 Oct 2013Full text
2013 INSC 705 · [2013] 16 S.C.R. 495
496 SUPREME COURT REPORTS [2013] 16 S.C.R. A in writing behind the back of the person and assumed the role of the recommending authority which is statutory in nature to take disciplinary action - Law does not countenance the same - Also, in the fitness of things, the Presiding Officer should have recused himself to pre…
Supreme Court of India18 Oct 2013Full text
2013 INSC 704 · [2013] 11 S.C.R. 371
s. 7Q - Demand uls. 7Q - Applicability of principie of natural justice (Audi alteram partem) - Held: The principle of natural justice is applicable to the demand uls. 7Q only in a narrow manner i.e. limited to the realm of computation which E is statutorily provided - Principle of Natural Justice. Appeal ~ Right to app…
Also on Law on Tips: Bare Acts · Legal news and analysis
2013 INSC 720 · [2013] 10 S.C.R. 521
OFFICER & ORS. Central Bureau of Investigation vs. K. Narayana Rao A (2012) 9 SCC 512:2012 (9) SCR 54; State of Haryana vs. Bhajan Lal 1992 Supp. (1) SCC 335:1991 (1) Suppl. SCR 387; Stree Atyachar Virod~i Parishad vs. Dilip Nathumal Chordia and Anr. (1989) 1 SCC 715: 1989 (1) SCR 560 • relied on. B Case Law Reference:…
Supreme Court of India4 Feb 2013Full text
2013 INSC 72 · [2013] 3 S.C.R. 1172
Evidence - Weapon of offence - Recovered at the behest of the accused - Blood stuck on the weapon - Failure D by sero/ogist to detect origin of the blood due to dis-integration of the serum - Effect - Held: It does not mean that the blood stuck on the weapon of offence could not have been human blood at all - Sometimes…
Supreme Court of India24 Oct 2013Full text
2013 INSC 719 · [2013] 11 S.C.R. 471
Annual Confidential Report - Adverse entry -Representation against - Rejection of - Review against -Before higher authority - Expunction of adverse remarks -Restoration of adverse remarks on the ground that second F representation against the remarks not maintainable - Held: Restoration of adverse remarks were not corr…
Supreme Court of India24 Oct 2013Full text
2013 INSC 718 · [2013] 11 S.C.R. 446
E Appeal- Appeal against acquittal - Scope of jurisdiction of appellate court - Discussed. Appellant-accused alongwith other two accused were prosecuted for the offences1 u/ss. 302 and 307 r/w. s. 34 IPC and u/ss. 25 and 27 of Arms Act, 1959. As per F the prosecution case accused persons attacked the victim party with …
Supreme Court of India24 Oct 2013Full text
2013 INSC 717 · [2013] 12 S.C.R. 30
DR. BALRAM PRASAD v. DR. KUNAL SAHA & ORS. 31 additional claims by way of affidavit before National A Commission - Held: Claim for enhancement of compensation by claimant is justified - Claimant is entitled for enhanced compensation under certain items in additional claim preferred before National Commission - Further,…
Supreme Court of India24 Oct 2013Full text
2013 INSC 716 · [2013] 10 S.C.R. 279
Respondent no.1 retired from the service of appellant-company on 31-5-1990. He had applied for commutation of his pension prior to his retirement but he E . had not received the commuted pension amount of Rs.87,400/.: and was not receiving his full pension. Application was filed by respondent no.·1 before the iribunal …
Supreme Court of India24 Oct 2013Full text
2013 INSC 715 · [2013] 12 S.C.R. 165
F The complainant-appellant was first accosted by respondent no. 1 over collection of donation from the former and when he reported the matter to police, respondent no. 1 with 30-35 supporters armed with lathis and firearms went to his shop and wielded lathis and also G opened fire causing death of one person and injur…
Supreme Court of India23 Oct 2013Full text
2013 INSC 714 · [2013] 16 S.C.R. 542
- Held: The order issued by the Magistrate deciding to D summon an accused in .exercise of his power u!ss. 200 to 204 CrPC would be an order of intermediatory or quasi-final in • nature and not interlocutory in nature - In view of the said position viz., such an order is intermediatory order or quasi-fina/ order, the r…
Supreme Court of India23 Oct 2013Full text
2013 INSC 713 · [2013] 11 S.C.R. 427
428 SUPREME COURT REPORTS [2013] 11 S.C.R. A of Review Committee repol1 and also the observations of the Single Judge that it was the first case in her entire service career where the appellant faced deparlmental proceedings - Since the punishment to be awarded would not be dismissal, removal or compulsory retirement, …
Supreme Court of India22 Oct 2013Full text
2013 INSC 712 · [2013] 11 S.C.R. 395
- But if in the course of inquiry any a/legations are made against the probationer, which results into a stigma, the probationer ought to be afforded protection u!Art. 311(2) - In the present case no opportunity was afforded to the officer -The facts of the case, ·also do not establish her unsuitability E to the post -…
Supreme Court of India22 Oct 2013Full text
2013 INSC 711 · [2013] 12 S.C.R. 20
Party - Non-joinder of affected party - Effect ol'. The writ petition of the respondent in C.A. No.9544 of 2013 challenging the order dated 1.12.1992 awarding G him punishment of censure and on that basis denying him promotion by order dated 22.8.1997 was allowed by ·single Judge of the High Court who quashed the order…
Supreme Court of India22 Oct 2013Full text
2013 INSC 710 · [2013] 9 S.C.R. 1126
1128 . SUPREME COURT REPORTS [2013] 9 S.C.R. A 5(16) were arbitrary and violative of Art. 14 of the Constitution of India. The appellant filed another writ petition, inter alia, praying for direction to the State authorities to refund the amount paid by her as initial deposit. The writ petitions were allowed by the sin…
Supreme Court of India1 Feb 2013Full text
2013 INSC 71 · [2013] 1 S.C.R. 705
F The five appellants were temporarily employed with the respondent-Corporation on different dates on daily wages as and when work was available. They were terminated from their services on different dates. Appellant Nos. 1 to 4 approached the Labour Commissioner for conciliation after 8 to 10 years from the G date of …
Supreme Court of India22 Oct 2013Full text
2013 INSC 709 · [2013] 9 S.C.R. 1103
The petitioner in the instant writ petition filed in public interest, sought for constituting an independent Expert/ Technical Committee to evaluate the harmful effects of H soft drinks on human health, particularly on the health of CENTRE FOR PUBLIC INTEREST LITIGATION v. 1105 UNION OF INDIA children and for a directi…
Supreme Court of India21 Oct 2013Full text
2013 INSC 708 · [2013] 17 S.C.R. 992
The State contended that the present case was 8covered by 25FF. The Trade Union claimed relief on .the. basis of parity with' the other group of to workmen, wherein order of reinstatement was granted with 25% backwages and the order had attained finality. It was contended that any other order deviating from the judgmen…
Supreme Court of India18 Oct 2013Full text
2013 INSC 707 · [2013] 11 S.C.R. 943
High Court held that grant of rebate of tax by the State Government discriminated between the imported goods and the goods manufactured in Uttar Pradesh E restricting the free movement of goods from one State to the other and therefore impinges articles 301 and 304(a) cf the Constitution. The Court further applying doc…
Supreme Court of India18 Oct 2013Full text
2013 INSC 706 · [2013] 14 S.C.R. 877
Appeal against acquittal - Acquittal order - Interference with - Held: There is no embargo on appellate court to interfere with acquittal order - Paramount consideration of the Court is to ensure prevention of miscarriage of justice. F 20 accused, including the appellants-accused were prosecuted u/ss. 147, 148, 302 IPC…
Supreme Court of India18 Oct 2013Full text
2013 INSC 705 · [2013] 16 S.C.R. 495
496 SUPREME COURT REPORTS [2013] 16 S.C.R. A in writing behind the back of the person and assumed the role of the recommending authority which is statutory in nature to take disciplinary action - Law does not countenance the same - Also, in the fitness of things, the Presiding Officer should have recused himself to pre…
Supreme Court of India18 Oct 2013Full text
2013 INSC 704 · [2013] 11 S.C.R. 371
s. 7Q - Demand uls. 7Q - Applicability of principie of natural justice (Audi alteram partem) - Held: The principle of natural justice is applicable to the demand uls. 7Q only in a narrow manner i.e. limited to the realm of computation which E is statutorily provided - Principle of Natural Justice. Appeal ~ Right to app…
Also on Law on Tips: Bare Acts · Legal news and analysis