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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.
5,161–5,180 · Page 259 of 382
Supreme Court of India17 Sep 2013Full text
2013 INSC 631 · [2013] 9 S.C.R. 451
Motor accident claims - Award of just compensation -Discussed. E The son of the appellants, a 17 year old student, met with a motor accident and because of the ~njuries, became disabled. The Tribunal awarded compensation of Rs. 18,75,800/- with 7.5% interest from the date of filing of the petition till payment. However…
Supreme Court of India17 Sep 2013Full text
2013 INSC 630 · [2013] 10 S.C.R. 339
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.
5,161–5,180 · Page 259 of 382
Supreme Court of India17 Sep 2013Full text
2013 INSC 631 · [2013] 9 S.C.R. 451
Motor accident claims - Award of just compensation -Discussed. E The son of the appellants, a 17 year old student, met with a motor accident and because of the ~njuries, became disabled. The Tribunal awarded compensation of Rs. 18,75,800/- with 7.5% interest from the date of filing of the petition till payment. However…
Supreme Court of India17 Sep 2013Full text
2013 INSC 630 · [2013] 10 S.C.R. 339
340 SUPREME COURT REPORTS [2013] 10 S.C.R. A consonance with the decision rendered by this Court in Nishant Aggarwal's case wherein it has been concluded, that the Court within the jurisdiction whereof, the dishonoured cheque was presented for encashment, would have the jurisdiction to entertain the complaint B filed u…
Supreme Court of India29 Jan 2013Full text
2013 INSC 63 · [2013] 4 S.C.R. 303
[2013] 4 S.C.R. 303 STATE OF MAHARASHTRA AND OTHERS A v. NOWROSJEE WADIA COLLEGE AND OTHERS (Civil Appeal Nos. 531-532 of 2013) JANUARY 29, 2013. B [G.S. SINGHVI AND H.L. GOKHALE, JJ.] Se1Vice Law: Leave encashment benefit - To the teachers of Pune c University employed with Government affiliated colleges -Provided by …
Supreme Court of India17 Sep 2013Full text
2013 INSC 629 · [2013] 11 S.C.R. 186
- The facts pleaded and the evidence placed on reoord produced by the appellant did not establish such inability as a ground on which dissolution of marriage was sought for by F him - Respondent had not only completed MBBS but also did a post graduate diploma in Medicine and was continuously working as a Government Med…
Supreme Court of India17 Sep 2013Full text
2013 INSC 628 · [2013] 10 S.C.R. 167
- It is not possible to change the time schedule - Sanctity to time schedule has to be attached - Cut-off date for starting professional courses, particularly medical courses should not be tinkered with - Dental Council of India (Establishment of New Dental Colleges, Opening of New Higher Course of Study or Training an…
Supreme Court of India17 Sep 2013Full text
2013 INSC 627 · [2013] 10 S.C.R. 155
156 SUPREME COURT REPORTS [2013] 10 S.C.R. A frivolous and the decision to file appeal is also found to be palpably irrational and uncalled for - Punjab Civil Service Rules - r. 2.2(B), second proviso - Costs - National Litigation Policy, 2010 of Government of India. ADMINISTRATIVE LAW: B Frivolous litigation - By Stat…
Supreme Court of India17 Sep 2013Full text
2013 INSC 626 · [2013] 10 S.C.R. 148
F The 2nd respondent (since deceased) filed an application before Special Tehsildar, Land Reforms, contending that he had sent an application on 23.6.1975 in Form No.7 for registering him as an occupant of the lands belonging to the appellants. The Special Tehsildar G replied that there was no record having received su…
Supreme Court of India16 Sep 2013Full text
2013 INSC 625 · [2013] 9 S.C.R. 437
F The appellant sold its cement division to Mis Lafarge India Pvt. Ltd in terms of Business Transfer Agreement (BTA) dated 9.3.1999 which was to be effected from 1.11.1999. According to the appellant, consequent upon the agreement, the employees working in its cemen~ G division including respondent Nos. 8-82 we're also…
Supreme Court of India16 Sep 2013Full text
2013 INSC 624 · [2013] 11 S.C.R. 159
- However, at the same time, subsequent record is also E relevant, and immediate past record, preceding the date on which decision is to be taken would be of more value, qualitatively - What is to be examined is the "overall performance" on the basis of "entire service record" to come to the conclusion as to whether th…
Supreme Court of India16 Sep 2013Full text
2013 INSC 623 · [2013] 10 S.C.R. 144
GOVT. OF KARNATAKA v. K.C.SUBRAMANYA 145 ORDER A 1. Leave granted. 2. Application for impleadment is allowed. 3. Having gone through the impugned judgment and order B dated 26.07.2011 passed by the High Court of Karnataka in RFA No. 1765/2005, we have noticed that the judgment and decree was passed in favour of the res…
Supreme Court of India16 Sep 2013Full text
2013 INSC 622 · [2013] 10 S.C.R. 137
Case Law Reference: 2012 {1) SCR 1045 referred to Para 9. H 2013 (2) SCR 484 referred to Para 9 STATE OF RAJASTHAN v. BAL KISHAN MATHUR (D) 139 THROUGH LRS .. CIVIL APPELLAT.E JURISDICTION : Civil Appeal No. A 8243 of 2013. From the Judgment & Order dated 12.11.2008 of the High Court of Judicature for Rajasthan at Jodh…
Supreme Court of India13 Sep 2013Full text
2013 INSC 621 · [2013] 11 S.C.R. 863
Thereafter, the condition of the patient deteriorated and she developed other problems and never recovered and c after about one year died. The complainant filed a complaint against the appellant with Maharashtra Medical Council, who took disciplinary action against the appellant and found him guilty of professional mi…
Supreme Court of India13 Sep 2013Full text
2013 INSC 620 · [2013] 9 S.C.R. 782
Education/Educational Institutions: Managing committee of school - Non-compliance of court's order - Inordinate delay in filing appeal - Held: The F persons who are nominated or inducted as members or chosen as Secretaries of the managing committees of schools are required to behave with responsibility and not to adopt…
Supreme Court of India29 Jan 2013Full text
2013 INSC 62 · [2013] 3 S.C.R. 1146
NOOR MOHAMMED v. JETHANAND 1147 to assist the court in a properly prepared manner and not to A seek unnecessary adjournments - All involved in the justice dispensation system, which includes the Judges, the lawyers, the judicial officers who work in courts, the law officers of the State, the Registry and the litigants,…
Supreme Court of India13 Sep 2013Full text
2013 INSC 619 · [2013] 9 S.C.R. 410
RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993: G ss. 19 and 22 - Object of the Act and the procedure before Tribunal - Held: DRT and ORA T shall not be bound by the procedure laid down by the Code of Civil Procedure, but shall be guided by the principles of natural justice and subject to the rules…
Supreme Court of India13 Sep 2013Full text
2013 INSC 618 · [2013] 9 S.C.R. 384
1. M. Nagaraj & Ors. v. Union of India & Ors. 2006 (7) Suppl. SCR 336. H 386 SUPREME COURT REPORTS [2013] 9 S.C.R. A Scheduled Tribes in the matter of promotion in the services within the State. On 31.01.2013, the State directed that since the Constitution (117the Amendment) Bill, 2012 was pending consideration in Parl…
Supreme Court of India13 Sep 2013Full text
2013 INSC 617 · [2013] 9 S.C.R. 360
Representation of the People Act, 1951: s.33-A read with ss. 36 and 125-A - Right to information F - Candidates contesting the election - Filing of nomination paper - Affidavit with particulars left blank - Furnishing of information as required under sub-s.(1) of s.33-A and as laid down in the judgments of Supreme Cour…
Supreme Court of India13 Sep 2013Full text
2013 INSC 616 · [2013] 11 S.C.R. 140
D National Investigation Agency Act, 2008- ss.2(g), 13, 14 and 16 - Bail application - Maintainability - Held: Where the NIA Act applies, the original application for bail shall lie only before the Special Court under the Act, and not before the E High Court either u/s.439 or u/s.482 CrPC. Interpretation of Statute - C…
Supreme Court of India13 Sep 2013Full text
2013 INSC 615 · [2013] 10 S.C.R. 125
E 2.1. While exercising power under Section 438 Cr.P.C., the Court is duty bound to strike a balance between the individual's right to personal freedom and the right of investigation of the police. For the same, while granting relief under Section 438(1 ), appropriate F conditions can be imposed under Section 438(2), s…
Supreme Court of India13 Sep 2013Full text
2013 INSC 614 · [2013] 10 S.C.R. 117
P.S. Narasimha, M. Srinivas R. Rao, Sudha Gupta for the Appellant. c Mahabir Singh, Nikhil Jain, C.S.N. Mohan Rao, G.N. Reddy, Debojit, M. Bala Shivudu, D. Mahesh Babu for the Respondents. The Judgment of the Court was delivered by D CHELAMESWAR, J. 1. Leave granted. 2. This appeal arises out of an order dated 28th Oct…
Also on Law on Tips: Bare Acts · Legal news and analysis
340 SUPREME COURT REPORTS [2013] 10 S.C.R. A consonance with the decision rendered by this Court in Nishant Aggarwal's case wherein it has been concluded, that the Court within the jurisdiction whereof, the dishonoured cheque was presented for encashment, would have the jurisdiction to entertain the complaint B filed u…
Supreme Court of India29 Jan 2013Full text
2013 INSC 63 · [2013] 4 S.C.R. 303
[2013] 4 S.C.R. 303 STATE OF MAHARASHTRA AND OTHERS A v. NOWROSJEE WADIA COLLEGE AND OTHERS (Civil Appeal Nos. 531-532 of 2013) JANUARY 29, 2013. B [G.S. SINGHVI AND H.L. GOKHALE, JJ.] Se1Vice Law: Leave encashment benefit - To the teachers of Pune c University employed with Government affiliated colleges -Provided by …
Supreme Court of India17 Sep 2013Full text
2013 INSC 629 · [2013] 11 S.C.R. 186
- The facts pleaded and the evidence placed on reoord produced by the appellant did not establish such inability as a ground on which dissolution of marriage was sought for by F him - Respondent had not only completed MBBS but also did a post graduate diploma in Medicine and was continuously working as a Government Med…
Supreme Court of India17 Sep 2013Full text
2013 INSC 628 · [2013] 10 S.C.R. 167
- It is not possible to change the time schedule - Sanctity to time schedule has to be attached - Cut-off date for starting professional courses, particularly medical courses should not be tinkered with - Dental Council of India (Establishment of New Dental Colleges, Opening of New Higher Course of Study or Training an…
Supreme Court of India17 Sep 2013Full text
2013 INSC 627 · [2013] 10 S.C.R. 155
156 SUPREME COURT REPORTS [2013] 10 S.C.R. A frivolous and the decision to file appeal is also found to be palpably irrational and uncalled for - Punjab Civil Service Rules - r. 2.2(B), second proviso - Costs - National Litigation Policy, 2010 of Government of India. ADMINISTRATIVE LAW: B Frivolous litigation - By Stat…
Supreme Court of India17 Sep 2013Full text
2013 INSC 626 · [2013] 10 S.C.R. 148
F The 2nd respondent (since deceased) filed an application before Special Tehsildar, Land Reforms, contending that he had sent an application on 23.6.1975 in Form No.7 for registering him as an occupant of the lands belonging to the appellants. The Special Tehsildar G replied that there was no record having received su…
Supreme Court of India16 Sep 2013Full text
2013 INSC 625 · [2013] 9 S.C.R. 437
F The appellant sold its cement division to Mis Lafarge India Pvt. Ltd in terms of Business Transfer Agreement (BTA) dated 9.3.1999 which was to be effected from 1.11.1999. According to the appellant, consequent upon the agreement, the employees working in its cemen~ G division including respondent Nos. 8-82 we're also…
Supreme Court of India16 Sep 2013Full text
2013 INSC 624 · [2013] 11 S.C.R. 159
- However, at the same time, subsequent record is also E relevant, and immediate past record, preceding the date on which decision is to be taken would be of more value, qualitatively - What is to be examined is the "overall performance" on the basis of "entire service record" to come to the conclusion as to whether th…
Supreme Court of India16 Sep 2013Full text
2013 INSC 623 · [2013] 10 S.C.R. 144
GOVT. OF KARNATAKA v. K.C.SUBRAMANYA 145 ORDER A 1. Leave granted. 2. Application for impleadment is allowed. 3. Having gone through the impugned judgment and order B dated 26.07.2011 passed by the High Court of Karnataka in RFA No. 1765/2005, we have noticed that the judgment and decree was passed in favour of the res…
Supreme Court of India16 Sep 2013Full text
2013 INSC 622 · [2013] 10 S.C.R. 137
Case Law Reference: 2012 {1) SCR 1045 referred to Para 9. H 2013 (2) SCR 484 referred to Para 9 STATE OF RAJASTHAN v. BAL KISHAN MATHUR (D) 139 THROUGH LRS .. CIVIL APPELLAT.E JURISDICTION : Civil Appeal No. A 8243 of 2013. From the Judgment & Order dated 12.11.2008 of the High Court of Judicature for Rajasthan at Jodh…
Supreme Court of India13 Sep 2013Full text
2013 INSC 621 · [2013] 11 S.C.R. 863
Thereafter, the condition of the patient deteriorated and she developed other problems and never recovered and c after about one year died. The complainant filed a complaint against the appellant with Maharashtra Medical Council, who took disciplinary action against the appellant and found him guilty of professional mi…
Supreme Court of India13 Sep 2013Full text
2013 INSC 620 · [2013] 9 S.C.R. 782
Education/Educational Institutions: Managing committee of school - Non-compliance of court's order - Inordinate delay in filing appeal - Held: The F persons who are nominated or inducted as members or chosen as Secretaries of the managing committees of schools are required to behave with responsibility and not to adopt…
Supreme Court of India29 Jan 2013Full text
2013 INSC 62 · [2013] 3 S.C.R. 1146
NOOR MOHAMMED v. JETHANAND 1147 to assist the court in a properly prepared manner and not to A seek unnecessary adjournments - All involved in the justice dispensation system, which includes the Judges, the lawyers, the judicial officers who work in courts, the law officers of the State, the Registry and the litigants,…
Supreme Court of India13 Sep 2013Full text
2013 INSC 619 · [2013] 9 S.C.R. 410
RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993: G ss. 19 and 22 - Object of the Act and the procedure before Tribunal - Held: DRT and ORA T shall not be bound by the procedure laid down by the Code of Civil Procedure, but shall be guided by the principles of natural justice and subject to the rules…
Supreme Court of India13 Sep 2013Full text
2013 INSC 618 · [2013] 9 S.C.R. 384
1. M. Nagaraj & Ors. v. Union of India & Ors. 2006 (7) Suppl. SCR 336. H 386 SUPREME COURT REPORTS [2013] 9 S.C.R. A Scheduled Tribes in the matter of promotion in the services within the State. On 31.01.2013, the State directed that since the Constitution (117the Amendment) Bill, 2012 was pending consideration in Parl…
Supreme Court of India13 Sep 2013Full text
2013 INSC 617 · [2013] 9 S.C.R. 360
Representation of the People Act, 1951: s.33-A read with ss. 36 and 125-A - Right to information F - Candidates contesting the election - Filing of nomination paper - Affidavit with particulars left blank - Furnishing of information as required under sub-s.(1) of s.33-A and as laid down in the judgments of Supreme Cour…
Supreme Court of India13 Sep 2013Full text
2013 INSC 616 · [2013] 11 S.C.R. 140
D National Investigation Agency Act, 2008- ss.2(g), 13, 14 and 16 - Bail application - Maintainability - Held: Where the NIA Act applies, the original application for bail shall lie only before the Special Court under the Act, and not before the E High Court either u/s.439 or u/s.482 CrPC. Interpretation of Statute - C…
Supreme Court of India13 Sep 2013Full text
2013 INSC 615 · [2013] 10 S.C.R. 125
E 2.1. While exercising power under Section 438 Cr.P.C., the Court is duty bound to strike a balance between the individual's right to personal freedom and the right of investigation of the police. For the same, while granting relief under Section 438(1 ), appropriate F conditions can be imposed under Section 438(2), s…
Supreme Court of India13 Sep 2013Full text
2013 INSC 614 · [2013] 10 S.C.R. 117
P.S. Narasimha, M. Srinivas R. Rao, Sudha Gupta for the Appellant. c Mahabir Singh, Nikhil Jain, C.S.N. Mohan Rao, G.N. Reddy, Debojit, M. Bala Shivudu, D. Mahesh Babu for the Respondents. The Judgment of the Court was delivered by D CHELAMESWAR, J. 1. Leave granted. 2. This appeal arises out of an order dated 28th Oct…
Also on Law on Tips: Bare Acts · Legal news and analysis