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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.
5,081–5,100 · Page 255 of 382
Supreme Court of India18 Oct 2013Full text
2013 INSC 703 · [2013] 10 S.C.R. 259
Before this Court, the petitioner disputed the legal obligation qua respondent No.1 only. The petitioner contended that since he had proved that he was already F married and the said marriage was subsisting on the date of marriage with respondent No.1, this marriage was void and respondent No.1 was not legally wedded w…
Supreme Court of India18 Oct 2013Full text
2013 INSC 702 · [2013] 9 S.C.R. 1083
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.
5,081–5,100 · Page 255 of 382
Supreme Court of India18 Oct 2013Full text
2013 INSC 703 · [2013] 10 S.C.R. 259
Before this Court, the petitioner disputed the legal obligation qua respondent No.1 only. The petitioner contended that since he had proved that he was already F married and the said marriage was subsisting on the date of marriage with respondent No.1, this marriage was void and respondent No.1 was not legally wedded w…
Supreme Court of India18 Oct 2013Full text
2013 INSC 702 · [2013] 9 S.C.R. 1083
Prospective operation of judgment - Names of B appellants not sent by department for selection to /AS -- Held: Since the selection for the year 2011 had been over even before the interim application in CAT was decided, setting aside the selection conducted some two years back, and asking the respondents to re-do the ex…
Supreme Court of India17 Oct 2013Full text
2013 INSC 701 · [2013] 9 S.C.R. 1069
Case Law Reference: 2005 (3) Suppl. SCR 371 relied on para 19 F 2010 (2) SCR 805 relied on para 20 2011 (2) SCR 670 relied on para 21 2007 (5) SCR 329 relied on para 21 G 2009 (1 O) sec 48 relied on para 21 CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 1692-1718 of 2013. From the Judgm…
Supreme Court of India8 Oct 2013Full text
2013 INSC 700 · [2013] 9 S.C.R. 962
[2013] 9 S.C.R. 962 A TOFAN SINGH v. STATE OF TAMIL NADU (Criminal Appeal No. 152 of 2013) OCTOBER 08, 2013 B [A.K. PATNAIK AND A.K. SIKRI, JJ.] NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985: c s. 67 - Power to call for information etc. - Questions: (i) whether the officer investigating the matter under NDPS Act…
Supreme Court of India1 Feb 2013Full text
2013 INSC 70 · [2013] 1 S.C.R. 698
Shweta Garg, Rakesh Garg, A.G. Garg for the Appellants. F Naresh K. Sharma for the Respondent. The Judgment of the Court was delivered by M.Y. EQBAL, J. 1. Leave granted. G 2. This appeal by special leave arises out of the judgment and order dated 21.11.2011 of the High Court of Himachal Pradesh at Shimla in CRLR No. 3…
Supreme Court of India4 Jan 2013Full text
2013 INSC 7 · [2013] 1 S.C.R. 140
142 SUPREME COURT REPORTS [2013] 1 S.C.R. A ORDER 1. These two writ petitions, each filed under Article 32 of the Constitution of India, raise some disquieting issues pertaining to the State of Manipur. In writ petition (criminal) No.129 of 2012, it is stated that, over the years, a large number8 of people, Indian citi…
Supreme Court of India8 Oct 2013Full text
2013 INSC 699 · [2013] 14 S.C.R. 565
2. The affidavit dated 21.08.2013, filed on behalf of the ECI, shows that the Ministry of Law and Justice, on G 24.07.2013, referred the draft notification to amend the Conduct of Election Rules, 1961 to provide for use of WPAT system of elections to the ECI for its views and comments. The ECI suggested certain minor m…
Supreme Court of India8 Oct 2013Full text
2013 INSC 698 · [2013] 14 S.C.R. 525
G Evidence - Admissibility of - Held: Test of admissibility of evidene lies in its relevancy - Evidence placed as a result of even an illegal search or· seizure is not liable to be shut out, unless there is an implied or express prohibition in the 525 H 526 SUPREME COURT REPORTS [2013] 14 S.C.R. A consitution or other …
Supreme Court of India8 Oct 2013Full text
2013 INSC 697 · [2013] 10 S.C.R. 513
513 H 514 SUPREME COURT REPORTS [2013] 10 S.C.R. A The prosecution case was that pursuant to an altercation, Respondent no.2-accused and other accused persons armed with a sharp edged weapon (balkati) and lathis attacked the appellant, his two sons and grandson all of whom suffered serious injuries. One son of appellan…
Supreme Court of India8 Oct 2013Full text
2013 INSC 696 · [2013] 10 S.C.R. 504
Se/vi and Ors. vs. State of Kamataka (2010) 7 SCC 263: 2010 (5) SCR 381; Se/vi J. Jayala/ithaa and Ors. vs. State of Karnataka and Ors. 2013 (12) SCALE 234; Smt. F Triveniben vs. State of Gujarat AIR1989 SC 1335: 1989 (1) SCR 509; Zahira Habibul/ah Sheikh (5) vs. State of Gujarat AIR 2006 SC 1367: 2006 (2) SCR 1081; Ca…
Supreme Court of India8 Oct 2013Full text
2013 INSC 695 · [2013] 10 S.C.R. 480
DULCINA FERNANDES & ORS. v. JOAQUIM XAVIER 481 CRUZ & ANR. driving of the pick-up van by the first respondent - Claimants- A appellants entitled to compensation as quantified by the Tribunal alongwith interest@ 6% p.a with effect from the date of the award of the Tribunal. N' was driving a scooter while 'R' was riding …
Supreme Court of India8 Oct 2013Full text
2013 INSC 694 · [2013] 10 S.C.R. 247
G Contempt of Courts Act, 1971 - Exercise of contempt jurisdiction - Scope - Held: The power to punish for contempt is a rare specie ofjudicial power which by the very nature calls for exercise with great care and caution. 247 H 248 SUPREME COURT REPORTS [2013) 10 S.C.R. A The respondents 1 & 2 filed writ petition in t…
Supreme Court of India8 Oct 2013Full text
2013 INSC 693 · [2013] 10 S.C.R. 239
2. Thus the intention of the appellant to kill the deceased has not been proved beyond a reasonable doubt and the appellant is entitled to the benefit of doubt. D Therefore, the sentence under Section 304 (Part I) of the IPC, which requires that the act by which death is caused, must be done with the intention of causi…
Supreme Court of India8 Oct 2013Full text
2013 INSC 692 · [2013] 10 S.C.R. 231
232 SUPREME COURT REPORTS [2013) 10 S.C.R. A person to answer the charges framed against her. That direction came despite an application filed by the appellant in which it was, inter a/ia, pointed out that she was nearly 98 years of age and suffering from severe heart ailment and dementia which confined her to bed. B T…
Supreme Court of India8 Oct 2013Full text
2013 INSC 691 · [2013] 9 S.C.R. 1000
H 1000 SUNIL DUTT SHARMA v. STATE (GOVT. OF NCT OF 1001 DELHI) Sentence/Sentencing: A Sentence for offence punishable u/s 304-B /PC - Held: In a situation where commission of an offence is held to be proved by means of a legal presumption the circumstances surrounding the crime to determine the presence of 8 aggravatin…
Supreme Court of India8 Oct 2013Full text
2013 INSC 690 · [2013] 16 S.C.R. 616
[2013] 16 S.C.R. 616 A SUSHIL SHARMA v. THE STATE OF N.C.T. OF DELHI (Criminal Appeal No.693 of 2007) OCTOBER 8, 2013B [P. SATHASIVAM,CJI AND RANJANA PRAKASH DESAI AND RANJAN GOGOi, JJ.] Penal Code, 1860- s.302 and s.120-B rlw s.201 - Naina C Sahni murder case - Prosecution case that appellant killed his wife since he …
Supreme Court of India1 Feb 2013Full text
2013 INSC 69 · [2013] 3 S.C.R. 648
MULTAN! HANIFBHAI KALUBHAI v. STATE OF 649 GUJARAT & ANR. of weather conditions - Further, it is of no use to keep the A seized vehicle in the police station for a long period -Respondents accordingly directed to release the truck - Penal Code, 1860 - s.451. The truck of the appellant was seized by the police 8for tran…
Supreme Court of India8 Oct 2013Full text
2013 INSC 689 · [2013] 10 S.C.R. 490
[2013] 10 S.C.R. 490 A COMMISSIONER OF INCOME TAX v. MIS EXCEL INDUSTRIES LTD. (Civil Appeal No. 125 of 2013 etc.) OCTOBER 8, 2013 B [R.M. LODHA, MADAN B. LOKUR AND KURIAN JOSEPH, JJ.] Income Tax Act, 1961 - s.28(iv) - 'Advance licence C benefit' and 'duty entitlement pass book benefit' under import export policy - Tax…
Supreme Court of India8 Oct 2013Full text
2013 INSC 688 · [2013] 9 S.C.R. 1023
29. 12. 2005. INTERPRETATION OF STATUTES: C Construing of a provision - Held: While interpreting any provision of a statute the plain meaning has to be given effect and if language is simple and unambiguous, there is no need to traverse beyond the same. Headings and marginal notes - Held: Heading of a D Section or marg…
Supreme Court of India7 Oct 2013Full text
2013 INSC 687 · [2013] 9 S.C.R. 949
Disposing of the appeals, the Court D HELD: 1.1 Section 17(1)(c) of the Registration Act, 1908 provides that a non-testamentary instrument which acknowledges the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extension of any such right, title E or interest, r…
Also on Law on Tips: Bare Acts · Legal news and analysis
Prospective operation of judgment - Names of B appellants not sent by department for selection to /AS -- Held: Since the selection for the year 2011 had been over even before the interim application in CAT was decided, setting aside the selection conducted some two years back, and asking the respondents to re-do the ex…
Supreme Court of India17 Oct 2013Full text
2013 INSC 701 · [2013] 9 S.C.R. 1069
Case Law Reference: 2005 (3) Suppl. SCR 371 relied on para 19 F 2010 (2) SCR 805 relied on para 20 2011 (2) SCR 670 relied on para 21 2007 (5) SCR 329 relied on para 21 G 2009 (1 O) sec 48 relied on para 21 CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 1692-1718 of 2013. From the Judgm…
Supreme Court of India8 Oct 2013Full text
2013 INSC 700 · [2013] 9 S.C.R. 962
[2013] 9 S.C.R. 962 A TOFAN SINGH v. STATE OF TAMIL NADU (Criminal Appeal No. 152 of 2013) OCTOBER 08, 2013 B [A.K. PATNAIK AND A.K. SIKRI, JJ.] NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985: c s. 67 - Power to call for information etc. - Questions: (i) whether the officer investigating the matter under NDPS Act…
Supreme Court of India1 Feb 2013Full text
2013 INSC 70 · [2013] 1 S.C.R. 698
Shweta Garg, Rakesh Garg, A.G. Garg for the Appellants. F Naresh K. Sharma for the Respondent. The Judgment of the Court was delivered by M.Y. EQBAL, J. 1. Leave granted. G 2. This appeal by special leave arises out of the judgment and order dated 21.11.2011 of the High Court of Himachal Pradesh at Shimla in CRLR No. 3…
Supreme Court of India4 Jan 2013Full text
2013 INSC 7 · [2013] 1 S.C.R. 140
142 SUPREME COURT REPORTS [2013] 1 S.C.R. A ORDER 1. These two writ petitions, each filed under Article 32 of the Constitution of India, raise some disquieting issues pertaining to the State of Manipur. In writ petition (criminal) No.129 of 2012, it is stated that, over the years, a large number8 of people, Indian citi…
Supreme Court of India8 Oct 2013Full text
2013 INSC 699 · [2013] 14 S.C.R. 565
2. The affidavit dated 21.08.2013, filed on behalf of the ECI, shows that the Ministry of Law and Justice, on G 24.07.2013, referred the draft notification to amend the Conduct of Election Rules, 1961 to provide for use of WPAT system of elections to the ECI for its views and comments. The ECI suggested certain minor m…
Supreme Court of India8 Oct 2013Full text
2013 INSC 698 · [2013] 14 S.C.R. 525
G Evidence - Admissibility of - Held: Test of admissibility of evidene lies in its relevancy - Evidence placed as a result of even an illegal search or· seizure is not liable to be shut out, unless there is an implied or express prohibition in the 525 H 526 SUPREME COURT REPORTS [2013] 14 S.C.R. A consitution or other …
Supreme Court of India8 Oct 2013Full text
2013 INSC 697 · [2013] 10 S.C.R. 513
513 H 514 SUPREME COURT REPORTS [2013] 10 S.C.R. A The prosecution case was that pursuant to an altercation, Respondent no.2-accused and other accused persons armed with a sharp edged weapon (balkati) and lathis attacked the appellant, his two sons and grandson all of whom suffered serious injuries. One son of appellan…
Supreme Court of India8 Oct 2013Full text
2013 INSC 696 · [2013] 10 S.C.R. 504
Se/vi and Ors. vs. State of Kamataka (2010) 7 SCC 263: 2010 (5) SCR 381; Se/vi J. Jayala/ithaa and Ors. vs. State of Karnataka and Ors. 2013 (12) SCALE 234; Smt. F Triveniben vs. State of Gujarat AIR1989 SC 1335: 1989 (1) SCR 509; Zahira Habibul/ah Sheikh (5) vs. State of Gujarat AIR 2006 SC 1367: 2006 (2) SCR 1081; Ca…
Supreme Court of India8 Oct 2013Full text
2013 INSC 695 · [2013] 10 S.C.R. 480
DULCINA FERNANDES & ORS. v. JOAQUIM XAVIER 481 CRUZ & ANR. driving of the pick-up van by the first respondent - Claimants- A appellants entitled to compensation as quantified by the Tribunal alongwith interest@ 6% p.a with effect from the date of the award of the Tribunal. N' was driving a scooter while 'R' was riding …
Supreme Court of India8 Oct 2013Full text
2013 INSC 694 · [2013] 10 S.C.R. 247
G Contempt of Courts Act, 1971 - Exercise of contempt jurisdiction - Scope - Held: The power to punish for contempt is a rare specie ofjudicial power which by the very nature calls for exercise with great care and caution. 247 H 248 SUPREME COURT REPORTS [2013) 10 S.C.R. A The respondents 1 & 2 filed writ petition in t…
Supreme Court of India8 Oct 2013Full text
2013 INSC 693 · [2013] 10 S.C.R. 239
2. Thus the intention of the appellant to kill the deceased has not been proved beyond a reasonable doubt and the appellant is entitled to the benefit of doubt. D Therefore, the sentence under Section 304 (Part I) of the IPC, which requires that the act by which death is caused, must be done with the intention of causi…
Supreme Court of India8 Oct 2013Full text
2013 INSC 692 · [2013] 10 S.C.R. 231
232 SUPREME COURT REPORTS [2013) 10 S.C.R. A person to answer the charges framed against her. That direction came despite an application filed by the appellant in which it was, inter a/ia, pointed out that she was nearly 98 years of age and suffering from severe heart ailment and dementia which confined her to bed. B T…
Supreme Court of India8 Oct 2013Full text
2013 INSC 691 · [2013] 9 S.C.R. 1000
H 1000 SUNIL DUTT SHARMA v. STATE (GOVT. OF NCT OF 1001 DELHI) Sentence/Sentencing: A Sentence for offence punishable u/s 304-B /PC - Held: In a situation where commission of an offence is held to be proved by means of a legal presumption the circumstances surrounding the crime to determine the presence of 8 aggravatin…
Supreme Court of India8 Oct 2013Full text
2013 INSC 690 · [2013] 16 S.C.R. 616
[2013] 16 S.C.R. 616 A SUSHIL SHARMA v. THE STATE OF N.C.T. OF DELHI (Criminal Appeal No.693 of 2007) OCTOBER 8, 2013B [P. SATHASIVAM,CJI AND RANJANA PRAKASH DESAI AND RANJAN GOGOi, JJ.] Penal Code, 1860- s.302 and s.120-B rlw s.201 - Naina C Sahni murder case - Prosecution case that appellant killed his wife since he …
Supreme Court of India1 Feb 2013Full text
2013 INSC 69 · [2013] 3 S.C.R. 648
MULTAN! HANIFBHAI KALUBHAI v. STATE OF 649 GUJARAT & ANR. of weather conditions - Further, it is of no use to keep the A seized vehicle in the police station for a long period -Respondents accordingly directed to release the truck - Penal Code, 1860 - s.451. The truck of the appellant was seized by the police 8for tran…
Supreme Court of India8 Oct 2013Full text
2013 INSC 689 · [2013] 10 S.C.R. 490
[2013] 10 S.C.R. 490 A COMMISSIONER OF INCOME TAX v. MIS EXCEL INDUSTRIES LTD. (Civil Appeal No. 125 of 2013 etc.) OCTOBER 8, 2013 B [R.M. LODHA, MADAN B. LOKUR AND KURIAN JOSEPH, JJ.] Income Tax Act, 1961 - s.28(iv) - 'Advance licence C benefit' and 'duty entitlement pass book benefit' under import export policy - Tax…
Supreme Court of India8 Oct 2013Full text
2013 INSC 688 · [2013] 9 S.C.R. 1023
29. 12. 2005. INTERPRETATION OF STATUTES: C Construing of a provision - Held: While interpreting any provision of a statute the plain meaning has to be given effect and if language is simple and unambiguous, there is no need to traverse beyond the same. Headings and marginal notes - Held: Heading of a D Section or marg…
Supreme Court of India7 Oct 2013Full text
2013 INSC 687 · [2013] 9 S.C.R. 949
Disposing of the appeals, the Court D HELD: 1.1 Section 17(1)(c) of the Registration Act, 1908 provides that a non-testamentary instrument which acknowledges the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extension of any such right, title E or interest, r…
Also on Law on Tips: Bare Acts · Legal news and analysis