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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.
5,121–5,140 · Page 257 of 382
Supreme Court of India3 Oct 2013Full text
2013 INSC 668 · [2013] 10 S.C.R. 421
- High Court of Judicature at Madras in Civil Miscellaneous Appeal No. 676 of 2005. G P.B. Suresh, Udayaditya Banerjee for the Appellants. Zahid Ali for the Respondent. The Judgment of the Court was delivered by H 424 SUPREME COURT REPORTS [2013] 10 S.C.R. A C. NAGAPPAN, J. 1. Leave granted. 2. Feeling dissatisfied wit…
Supreme Court of India3 Oct 2013Full text
2013 INSC 667 · [2013] 11 S.C.R. 314
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.
5,121–5,140 · Page 257 of 382
Supreme Court of India3 Oct 2013Full text
2013 INSC 668 · [2013] 10 S.C.R. 421
- High Court of Judicature at Madras in Civil Miscellaneous Appeal No. 676 of 2005. G P.B. Suresh, Udayaditya Banerjee for the Appellants. Zahid Ali for the Respondent. The Judgment of the Court was delivered by H 424 SUPREME COURT REPORTS [2013] 10 S.C.R. A C. NAGAPPAN, J. 1. Leave granted. 2. Feeling dissatisfied wit…
Supreme Court of India3 Oct 2013Full text
2013 INSC 667 · [2013] 11 S.C.R. 314
F 'V', the predecessor-in-interest of the respondents, was an Assistant Engineer in the U.P. State Electricity Board (UPSEB). He had released electricity to one consumer beyond the approved estimate as a consequence of which wrongful loss was caused to G UPSEB. Disciplinary proceedings were initiated against 'V'. The i…
Supreme Court of India1 Oct 2013Full text
2013 INSC 666 · [2013] 9 S.C.R. 869
The Appellants filed a complaint u/s 200 of Cr.P.C. before the Additional City Civil and Special Judge G alleging commission of offences under Prevention of Corruption Act, 1988. The Special Judge passed an order referring the complaint for investigation by the Deputy Superintendent of Police, Karnataka Lokayukta u/s. …
Supreme Court of India1 Oct 2013Full text
2013 INSC 665 · [2013] 10 S.C.R. 405
[2013] 10 S.C.R. 405 KISHAN RAM & ORS. A v. STATE OF UTIARAKHAND (Criminal Appeal No. 1196 of 2007) OCTOBER 1, 2013 B [A.K. PATNAIK AND RANJANA PRAKASH DESAI, JJ.] Penal Code, 1860 - s. 302 rlw s. 149 and s. 147 - Murder -Assault with lathis and dandas leading to death - Five accused including the three appellants - Co…
Supreme Court of India1 Oct 2013Full text
2013 INSC 664 · [2013] 17 S.C.R. 361
- Criminal proceedings quashed in view of the compromise - Held: - Offences ulss. 4201471 /PC against Bank, fall under the category of offences involving moral turpitude committed D by public servants while working in that capacity - Hence, criminal proceedings not liable to be quashed - Inherent powers to be exercised…
Supreme Court of India30 Sep 2013Full text
2013 INSC 663 · [2013] 17 S.C.R. 759
c Criminal Trial - Fair trial - Held: Is th1;3 .rnain object of criminal procedure and such fairness shotl1d not be hampered or threatened in any manner - Fair tri;Jl,entails the interests of the accused, the victim and of the sociefi -Free and fair trial is a sine qua non of Art. 21 of the Constitution -D Any hindranc…
Supreme Court of India30 Sep 2013Full text
2013 INSC 662 · [2013] 14 S.C.R. 396
In the instant appeals, the appellants contended that Funder Articles 25 and 26 of the Constitution, they were entitled to manage their affairs and the question of unification of churches is a religious decision over which the courts have no jurisdiction. Objections were raised regarding the jurisdiction of the Charity…
Supreme Court of India30 Sep 2013Full text
2013 INSC 661 · [2013] 10 S.C.R. 393
s. 216 - Finality of charges - Filing of charge-sheet and taking cognizance has nothing to do with finality of charges, as the charges can be altered, amended, changed and added at any stage upto the stage of conviction. F Probation of Offenders Act, 1958 - s.12 - Conviction of accused u/ss. 323 and 343 rlw. s.34 /PC, …
Supreme Court of India30 Sep 2013Full text
2013 INSC 660 · [2013] 11 S.C.R. 293
The Trial Court rejected the defence version and finding the evidence insufficient to establish the guilt of C A2 beyond reasonable doubt held that appellant alone was guilty of murder of the deceased family and hence, convicted him under "Section 302 IPC while acquitting A2 of the charge under Section 302 read with Se…
Supreme Court of India30 Jan 2013Full text
2013 INSC 66 · [2013] 1 S.C.R. 665
CODE OF CRIMINAL PROCEDURE, 1973: s. 319 -Power to proceed against other persons appearing to be guilty of offence - Held: The words "could be F tried together with the accused" ins. 319(1) appear to be only directory- "Could be" cannot under the circumstances be held to be "must be" and the opinion formed by court on …
Supreme Court of India27 Sep 2013Full text
2013 INSC 659 · [2013] 9 S.C.R. 862
In an application filed uls. 125(3) CrPC by the appellants, namely, the wife and the son of the respondent, for a directions to the respondent to pay F maintenance for the period 04.02.1993 to 05.02.2002, the High Court held that as the petition was filed on 05.02.2002, under the first proviso to s. 125(3)_ CrPC, the a…
Supreme Court of India27 Sep 2013Full text
2013 INSC 658 · [2013] 9 S.C.R. 840
[2013] 9 S.C.R. 840 A TAMIL NADU RURAL DEVELOPMENT ENGINEERS ASSOCIATION v. THE SECRETARY TO GOVERNMENT RURAL DEVELOPMENT DEPARTMENT & ORS. B (Civil Appeal No. 8758 OF 2013 etc.) SEPTEMBER 27, 2013 [SURINDER SINGH NIJJAR AND M. Y. EQBAL, JJ.] C SERVICE LAW: Seniority between direct recruits and promotee Assistant Engin…
Supreme Court of India27 Sep 2013Full text
2013 INSC 657 · [2013] 14 S.C.R. 361
(2013) 14 S.C.R. 361 STAlE OF RAJASTHAN A v. JAMIL KHAN (Criminal Appeal No. 659 of 2006) SEPTEMBER 27, 2013 B [CHANDRAMAULI KR. PRASAD AND KURIAN JOSEPH, JJ.] Penal Code, 1860: c ss. 302, 376 and 201 - Rape and murder of a minor child below 5 years - By 19 year old man - Conviction and death sentence by trial court - …
Supreme Court of India27 Sep 2013Full text
2013 INSC 656 · [2013] 11 S.C.R. 273
- The Sessions Judge had erroneous perception and fallacious understanding of the earlier High Court order and absolutely misconstrued it - There was no deliberation with .. regard to the requirements u/s.439 CrPC in the order passed ~by the Sess(ons Judge - Relevant aspects while dealing with D · an application for ba…
Supreme Court of India27 Sep 2013Full text
2013 INSC 655 · [2013] 12 S.C.R. 283
OF INDIA voter so that he can take a rational decision of expressing A himself while exercising the statutory right to vote -- Ku/dip Nayar does not overrule the other two decisions rather it only reaffirms what has already been said by the two decisions. The instant writ petition was filed challenging the 8constitutio…
Supreme Court of India26 Sep 2013Full text
2013 INSC 654 · [2013] 14 S.C.R. 263
- Litigant neither has a right to appeal to a particular forum nor to insist on. a particular procedure being followed in his D case. Revision - Righ,J of - Held( per Lokur, J.): It cannot be said that a litigant has a "right" to have an adverse order revised by a superior court - On the contrary, if there is any E "n'…
Supreme Court of India26 Sep 2013Full text
2013 INSC 653 · [2013] 17 S.C.R. 678
[2013) 17 S.C.R. 678 A M/S. LARSEN & TOUBRO LIMITED & ANR. v. STATE OF KARNATAKA & ANR. (Civn Appeal No.8672 of 2013) SEP,TEMBER 26, 2013 B [R.M. LODHA, J. CHELAMESWAR AND MADAN B. LOKUR, JJ.] Worl<s contract - Concept and meaning of - Held: The C term "works contract" in Art.366 (29-A)(b) takes within its fold all gen…
Supreme Court of India24 Sep 2013Full text
2013 INSC 652 · [2013] 9 S.C.R. 826
Industrial Disputes Act, 1947: F s. 11-A - Power of Labour Court to give appropriate relief in case of discharge of dismissal of workman - Exercise of discretion - Explained - Held: In the instant case, Labour Court examined the scope of exercising its discretion u/s. 11 A in order to interfere with punishment imposed …
Supreme Court of India24 Sep 2013Full text
2013 INSC 651 · [2013] 10 S.C.R. 379
• Anando Mukherjee, Palash Kanwar, Divya Anand, B.V. c Balramdas, Abhishek Gupta, Sarad Kumar Singhania, Rakesh Dahiya, Gagan Deep Sharma, Preeti Singh for the appearing parties. The Judgment of the Court was delivered by D PINAKI CHANDRA GHOSE, J. 1. These applications have been filed by the parties praying for monito…
Supreme Court of India23 Sep 2013Full text
2013 INSC 650 · [2013] 16 S.C.R. 895
E Constitution of India, 1950 - Art. 226 - Jurisdiction under - Nature and Scope of - Held>Jhe jurisdiction of High Court u/Art. 226 is equitable and discretionary - Such jurisdiction cannot be exercised, if there is error of law - If a person has taken undue advantage, the Court in its extra-ordinary F jurisdiction wo…
Also on Law on Tips: Bare Acts · Legal news and analysis
F 'V', the predecessor-in-interest of the respondents, was an Assistant Engineer in the U.P. State Electricity Board (UPSEB). He had released electricity to one consumer beyond the approved estimate as a consequence of which wrongful loss was caused to G UPSEB. Disciplinary proceedings were initiated against 'V'. The i…
Supreme Court of India1 Oct 2013Full text
2013 INSC 666 · [2013] 9 S.C.R. 869
The Appellants filed a complaint u/s 200 of Cr.P.C. before the Additional City Civil and Special Judge G alleging commission of offences under Prevention of Corruption Act, 1988. The Special Judge passed an order referring the complaint for investigation by the Deputy Superintendent of Police, Karnataka Lokayukta u/s. …
Supreme Court of India1 Oct 2013Full text
2013 INSC 665 · [2013] 10 S.C.R. 405
[2013] 10 S.C.R. 405 KISHAN RAM & ORS. A v. STATE OF UTIARAKHAND (Criminal Appeal No. 1196 of 2007) OCTOBER 1, 2013 B [A.K. PATNAIK AND RANJANA PRAKASH DESAI, JJ.] Penal Code, 1860 - s. 302 rlw s. 149 and s. 147 - Murder -Assault with lathis and dandas leading to death - Five accused including the three appellants - Co…
Supreme Court of India1 Oct 2013Full text
2013 INSC 664 · [2013] 17 S.C.R. 361
- Criminal proceedings quashed in view of the compromise - Held: - Offences ulss. 4201471 /PC against Bank, fall under the category of offences involving moral turpitude committed D by public servants while working in that capacity - Hence, criminal proceedings not liable to be quashed - Inherent powers to be exercised…
Supreme Court of India30 Sep 2013Full text
2013 INSC 663 · [2013] 17 S.C.R. 759
c Criminal Trial - Fair trial - Held: Is th1;3 .rnain object of criminal procedure and such fairness shotl1d not be hampered or threatened in any manner - Fair tri;Jl,entails the interests of the accused, the victim and of the sociefi -Free and fair trial is a sine qua non of Art. 21 of the Constitution -D Any hindranc…
Supreme Court of India30 Sep 2013Full text
2013 INSC 662 · [2013] 14 S.C.R. 396
In the instant appeals, the appellants contended that Funder Articles 25 and 26 of the Constitution, they were entitled to manage their affairs and the question of unification of churches is a religious decision over which the courts have no jurisdiction. Objections were raised regarding the jurisdiction of the Charity…
Supreme Court of India30 Sep 2013Full text
2013 INSC 661 · [2013] 10 S.C.R. 393
s. 216 - Finality of charges - Filing of charge-sheet and taking cognizance has nothing to do with finality of charges, as the charges can be altered, amended, changed and added at any stage upto the stage of conviction. F Probation of Offenders Act, 1958 - s.12 - Conviction of accused u/ss. 323 and 343 rlw. s.34 /PC, …
Supreme Court of India30 Sep 2013Full text
2013 INSC 660 · [2013] 11 S.C.R. 293
The Trial Court rejected the defence version and finding the evidence insufficient to establish the guilt of C A2 beyond reasonable doubt held that appellant alone was guilty of murder of the deceased family and hence, convicted him under "Section 302 IPC while acquitting A2 of the charge under Section 302 read with Se…
Supreme Court of India30 Jan 2013Full text
2013 INSC 66 · [2013] 1 S.C.R. 665
CODE OF CRIMINAL PROCEDURE, 1973: s. 319 -Power to proceed against other persons appearing to be guilty of offence - Held: The words "could be F tried together with the accused" ins. 319(1) appear to be only directory- "Could be" cannot under the circumstances be held to be "must be" and the opinion formed by court on …
Supreme Court of India27 Sep 2013Full text
2013 INSC 659 · [2013] 9 S.C.R. 862
In an application filed uls. 125(3) CrPC by the appellants, namely, the wife and the son of the respondent, for a directions to the respondent to pay F maintenance for the period 04.02.1993 to 05.02.2002, the High Court held that as the petition was filed on 05.02.2002, under the first proviso to s. 125(3)_ CrPC, the a…
Supreme Court of India27 Sep 2013Full text
2013 INSC 658 · [2013] 9 S.C.R. 840
[2013] 9 S.C.R. 840 A TAMIL NADU RURAL DEVELOPMENT ENGINEERS ASSOCIATION v. THE SECRETARY TO GOVERNMENT RURAL DEVELOPMENT DEPARTMENT & ORS. B (Civil Appeal No. 8758 OF 2013 etc.) SEPTEMBER 27, 2013 [SURINDER SINGH NIJJAR AND M. Y. EQBAL, JJ.] C SERVICE LAW: Seniority between direct recruits and promotee Assistant Engin…
Supreme Court of India27 Sep 2013Full text
2013 INSC 657 · [2013] 14 S.C.R. 361
(2013) 14 S.C.R. 361 STAlE OF RAJASTHAN A v. JAMIL KHAN (Criminal Appeal No. 659 of 2006) SEPTEMBER 27, 2013 B [CHANDRAMAULI KR. PRASAD AND KURIAN JOSEPH, JJ.] Penal Code, 1860: c ss. 302, 376 and 201 - Rape and murder of a minor child below 5 years - By 19 year old man - Conviction and death sentence by trial court - …
Supreme Court of India27 Sep 2013Full text
2013 INSC 656 · [2013] 11 S.C.R. 273
- The Sessions Judge had erroneous perception and fallacious understanding of the earlier High Court order and absolutely misconstrued it - There was no deliberation with .. regard to the requirements u/s.439 CrPC in the order passed ~by the Sess(ons Judge - Relevant aspects while dealing with D · an application for ba…
Supreme Court of India27 Sep 2013Full text
2013 INSC 655 · [2013] 12 S.C.R. 283
OF INDIA voter so that he can take a rational decision of expressing A himself while exercising the statutory right to vote -- Ku/dip Nayar does not overrule the other two decisions rather it only reaffirms what has already been said by the two decisions. The instant writ petition was filed challenging the 8constitutio…
Supreme Court of India26 Sep 2013Full text
2013 INSC 654 · [2013] 14 S.C.R. 263
- Litigant neither has a right to appeal to a particular forum nor to insist on. a particular procedure being followed in his D case. Revision - Righ,J of - Held( per Lokur, J.): It cannot be said that a litigant has a "right" to have an adverse order revised by a superior court - On the contrary, if there is any E "n'…
Supreme Court of India26 Sep 2013Full text
2013 INSC 653 · [2013] 17 S.C.R. 678
[2013) 17 S.C.R. 678 A M/S. LARSEN & TOUBRO LIMITED & ANR. v. STATE OF KARNATAKA & ANR. (Civn Appeal No.8672 of 2013) SEP,TEMBER 26, 2013 B [R.M. LODHA, J. CHELAMESWAR AND MADAN B. LOKUR, JJ.] Worl<s contract - Concept and meaning of - Held: The C term "works contract" in Art.366 (29-A)(b) takes within its fold all gen…
Supreme Court of India24 Sep 2013Full text
2013 INSC 652 · [2013] 9 S.C.R. 826
Industrial Disputes Act, 1947: F s. 11-A - Power of Labour Court to give appropriate relief in case of discharge of dismissal of workman - Exercise of discretion - Explained - Held: In the instant case, Labour Court examined the scope of exercising its discretion u/s. 11 A in order to interfere with punishment imposed …
Supreme Court of India24 Sep 2013Full text
2013 INSC 651 · [2013] 10 S.C.R. 379
• Anando Mukherjee, Palash Kanwar, Divya Anand, B.V. c Balramdas, Abhishek Gupta, Sarad Kumar Singhania, Rakesh Dahiya, Gagan Deep Sharma, Preeti Singh for the appearing parties. The Judgment of the Court was delivered by D PINAKI CHANDRA GHOSE, J. 1. These applications have been filed by the parties praying for monito…
Supreme Court of India23 Sep 2013Full text
2013 INSC 650 · [2013] 16 S.C.R. 895
E Constitution of India, 1950 - Art. 226 - Jurisdiction under - Nature and Scope of - Held>Jhe jurisdiction of High Court u/Art. 226 is equitable and discretionary - Such jurisdiction cannot be exercised, if there is error of law - If a person has taken undue advantage, the Court in its extra-ordinary F jurisdiction wo…
Also on Law on Tips: Bare Acts · Legal news and analysis