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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.
5,221–5,240 · Page 262 of 382
Supreme Court of India29 Aug 2013Full text
2013 INSC 578 · [2013] 9 S.C.R. 658
Notification u/s. 4(1) of the Land Acquisition Act, F 1894 was issued on 30.08.1992 for acquisition of certain land for the purpose of the appellant, a Government company. A final declaration in terms of s. 6 was made on 02.03.1994, validity whereof was unsuccessfully assailed by four land-owners-respondents in a writ …
Supreme Court of India29 Aug 2013Full text
2013 INSC 577 · [2013] 17 S.C.R. 24
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.
5,221–5,240 · Page 262 of 382
Supreme Court of India29 Aug 2013Full text
2013 INSC 578 · [2013] 9 S.C.R. 658
Notification u/s. 4(1) of the Land Acquisition Act, F 1894 was issued on 30.08.1992 for acquisition of certain land for the purpose of the appellant, a Government company. A final declaration in terms of s. 6 was made on 02.03.1994, validity whereof was unsuccessfully assailed by four land-owners-respondents in a writ …
Supreme Court of India29 Aug 2013Full text
2013 INSC 577 · [2013] 17 S.C.R. 24
Aggrieved by the judgment and decree, the plaintiff preferred appeal before the High Court and prayed to set aside the same insofar as dismissal of the suit for grant of the decree for specific performance in respect of suit schedule property on the basis of sale deed was concerned. The High G court framed the followin…
Supreme Court of India27 Aug 2013Full text
2013 INSC 576 · [2013] 10 S.C.R. 825
[2013] 10 S.C.R. 825 BHAJAN SINGH A v. STATE OF UTTARAKHAND & ORS. (Civil Appeal No. 7706 of 2013) AUGUST 27, 2013 B [H.L. GOKHALE AND J. CHELAMESWAR, JJ.] Service Law - Selection - Of respondent No. 4 as Managing Director of respondent no.2-State Water Supply Department - Manner and merits of - Challenge to, on ground…
Supreme Court of India27 Aug 2013Full text
2013 INSC 575 · [2013] 9 S.C.R. 641
642 SUPREME COURT REPORTS [2013] 9 S.C.R. A (Management and Handling) Rules, 2000 - Prevention of Cruelty to Animals (Establishment And Registration of Societies for Prevention of Cruelty to Animals) Rules, 2000. CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No. B 309 of 2003. Under Article 32 of the Constitution…
Supreme Court of India27 Aug 2013Full text
2013 INSC 574 · [2013] 8 S.C.R. 559
Fixation of pay on the promotional post on the basis of higher pay scale on the deputation post, was erroneous - Hence, authorities were within domain to rectify it - However, there E shall be no recovery of the excess amount paid to the employee. The respondent employee in JU Division of the appellant-employer, was se…
Supreme Court of India27 Aug 2013Full text
2013 INSC 573 · [2013] 8 S.C.R. 551
Puneet Jain, Ms. Pratibha Jain, for the Appellant. Aishwarya Bhati, Sanjoli Mittal, Amit Verma, Dr. Prikhshayat Singh, for the Respondent. B The Judgment of the Court was delivered by VIKRAMAJIT SEN, J. 1. Leave granted. We have heard learned counsel for the parties in great detail, at the end of which a settlement was…
Supreme Court of India27 Aug 2013Full text
2013 INSC 572 · [2013] 17 S.C.R. 327
Appellant-accused contended that the case would G come under Exception 4 of s. 300 IPC as there was only a single blow with a stick and there was no previous enmity and as such the act was done in the spur of the moment without any premeditation. 327 H 328 SUPREME COURT REPORTS (2013) 17 S.C.R. 1A Partly allowing the a…
Supreme Court of India27 Aug 2013Full text
2013 INSC 571 · [2013] 9 S.C.R. 276
Dr. Manish Singhvi, AAG, Pragati Neekhra, H.D. Thanvi, Rishi Motoliya, Preeti Thanvi, Sarad Kumar Singhania, S.S. F Shamshery, V.M. Vishnu, Arun Bhardwaj, Bharat Sood, C.S. Ashri, Milind Kumar for the appearing parties. The Judgment of the Court was delivered by ANIL R. DAVE, J. 1. Leave granted. 2. Being aggrieved by …
Supreme Court of India27 Aug 2013Full text
2013 INSC 570 · [2013] 14 S.C.R. 105
[2013] 14 S.C.R. 105 SWAMY DEVI DAYAL HOSPITAL. & DENTAL COLLEGE A v. THE UNION OF INDIA & ORS. (Special Leave Petition (Civil) No. 25698 of 2013) AUGUST 27, 2013 B [K.S.RADHAKRISHNAN AND A.K.SIKRI, JJ.] Education - Medical education - Dental Council of India Act, 1948 - s.10A - MOS (Master of Dental Surgery) -Speciali…
Supreme Court of India24 Jan 2013Full text
2013 INSC 57 · [2013] 3 S.C.R. 359
Appeal - Against discretionary order - Jurisdiction of appellate court - Explained. Plaintiff Nos. 1 and 2 filed a suit uls. 6 of Specific G Relief Act, 1963. They took the plea that their possession of the suit flat and suit office was forcibly taken by defendants 2, 3 and 4. The court appointed a Receiver. As per rep…
Supreme Court of India27 Aug 2013Full text
2013 INSC 569 · [2013] 10 S.C.R. 813
On 02.03.2012, when a former Minister in· the Government of Kamataka was sought to be produced by G the CBI, Bangalore, Branch, In .the City. Civil Court Complex, a large crowd gathered in the court premises which caused a great deal of inconvenience, as a result of which, scuffle ensued between advocates, police and 8…
Supreme Court of India27 Aug 2013Full text
2013 INSC 568 · [2013] 14 S.C.R. 136
Offence of gang rape - Sentence for - Lesser than the minimum prescribed - On the basis of compromise between F the accused and the prosecutrix - Held: Rape is a non-compoundable offence - It would not be safe for the court in considering the compromise as a ground, to exercise its discretionary power under the proviso…
Supreme Court of India26 Aug 2013Full text
2013 INSC 567 · [2013] 17 S.C.R. 983
**Sangeet and Anr. vs. State of Haryana (2013) 2 SCC 452: 2012 (13) SCR 85 - held inapplicable. 983 •H 984 SUPREME COURT REPORTS [2013] 17 S.C.R. A. Gurvail Singh @ Gata and Anr. vs. State of Punjab (2013) 2 SCC 713: 2013 (1) SCR 783 - referred to. Case Law Reference: 2013 (1) SCR 783 referred to Para 2C 2012 (13) SCR …
Supreme Court of India26 Aug 2013Full text
2013 INSC 566 · [2013] 10 S.C.R. 793
Allowing the appeal, the Court 793 H 794 SUPREME COURT REPORTS [2013] 10 S.C.R. A HELD: 1.1. The Tribunal should have considered both oral and documentary evidence and appreciated the same in the proper perspective and recorded the finding on the contentious issues in the affirmative. But it has recorded the finding in…
Supreme Court of India26 Aug 2013Full text
2013 INSC 565 · [2013] 9 S.C.R. 623
s.57-A(6), Proviso - Credit of duty of excise or additional duty- Held: The proviso postulates and requires "reasonable care» and not verification from the department whether the duty G stands paid by the manufacturer-seller. The respondent-company (in Civil Appeal No. 7031 of 2009) availed deemed MODVAT credit of Rs.7…
Supreme Court of India26 Aug 2013Full text
2013 INSC 564 · [2013] 8 S.C.R. 268
[2013] 8 S.C.R. 268 A MASTER MALLIKARJUN v. DIVISIONAL MANAGER, THE NATIONAL INSURANCE COMPANY LIMITED & ANR. (Civil Appeal No. 7139 of 2013) B AUGUST 26, 2013 [GYAN SUDHA MISRA AND KURIAN JOSEPH, JJ.] Motor Vehicles Act, 1988 - s.166 - Compensation claim c - By child victim who suffered disability in a motor accident …
Supreme Court of India26 Aug 2013Full text
2013 INSC 563 · [2013] 9 S.C.R. 266
Allowing the appeal, the Court HELD: 1.1 In a claim for compensation, it is certainly H 266 .. PEPSU ROAD TRANSPO~T CORPORATION v. 267 NATIONAL INSURANCE COMPANY open to the insurer uls 149(2)(a)(ii) of the Motor Vehicles A Act, 1988 to take a defence that the driver of the vehicle involved in the accident was not duly…
Supreme Court of India26 Aug 2013Full text
2013 INSC 562 · [2013] 9 S.C.R. 257
The marriage between appellant-accused No. 1 (A-1) and the sister of the informant (PW-2) was solemnized on F 24.9.1997. Two children, one son and a daughter were born to the couple. On 11.9.2001, A-1 informed PW-2 telephonically that his sister had committed suicide. PW-2 lodged an FIR alleging that after the marriage…
Supreme Court of India26 Aug 2013Full text
2013 INSC 561 · [2013] 14 S.C.R. 74
[2013] 14 S.C.R. 74 A ECON ANTRI LTD. V. ROM INDUSTRIES LTD. & ANR. (Criminal Appeal No. 1079 of 2006) AUGUST 26, 2013 B [P. SATHASIVAM, CJI,, RANJANA PRAKASH DESAI AND RANJAN GOGOi, JJ.] Negotiable Instruments Act, 1881 - s.142(b} and s.138, C proviso (c) - Cheque bouncing case- Complaint filed u!s.138 of NI Act - Lim…
Supreme Court of India23 Aug 2013Full text
2013 INSC 560 · [2013] 9 S.C.R. 609
Service matters - Limitation - Held: The issue of G limitation or delay and /aches should be considered with reference to the original cause of action -- A mere submission of representation to competent authority does not arrest time. 609 H 610 SUPREME COURT REPORTS [2013] 9 S.C.R. A One of the juniors to the responden…
Also on Law on Tips: Bare Acts · Legal news and analysis
Aggrieved by the judgment and decree, the plaintiff preferred appeal before the High Court and prayed to set aside the same insofar as dismissal of the suit for grant of the decree for specific performance in respect of suit schedule property on the basis of sale deed was concerned. The High G court framed the followin…
Supreme Court of India27 Aug 2013Full text
2013 INSC 576 · [2013] 10 S.C.R. 825
[2013] 10 S.C.R. 825 BHAJAN SINGH A v. STATE OF UTTARAKHAND & ORS. (Civil Appeal No. 7706 of 2013) AUGUST 27, 2013 B [H.L. GOKHALE AND J. CHELAMESWAR, JJ.] Service Law - Selection - Of respondent No. 4 as Managing Director of respondent no.2-State Water Supply Department - Manner and merits of - Challenge to, on ground…
Supreme Court of India27 Aug 2013Full text
2013 INSC 575 · [2013] 9 S.C.R. 641
642 SUPREME COURT REPORTS [2013] 9 S.C.R. A (Management and Handling) Rules, 2000 - Prevention of Cruelty to Animals (Establishment And Registration of Societies for Prevention of Cruelty to Animals) Rules, 2000. CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No. B 309 of 2003. Under Article 32 of the Constitution…
Supreme Court of India27 Aug 2013Full text
2013 INSC 574 · [2013] 8 S.C.R. 559
Fixation of pay on the promotional post on the basis of higher pay scale on the deputation post, was erroneous - Hence, authorities were within domain to rectify it - However, there E shall be no recovery of the excess amount paid to the employee. The respondent employee in JU Division of the appellant-employer, was se…
Supreme Court of India27 Aug 2013Full text
2013 INSC 573 · [2013] 8 S.C.R. 551
Puneet Jain, Ms. Pratibha Jain, for the Appellant. Aishwarya Bhati, Sanjoli Mittal, Amit Verma, Dr. Prikhshayat Singh, for the Respondent. B The Judgment of the Court was delivered by VIKRAMAJIT SEN, J. 1. Leave granted. We have heard learned counsel for the parties in great detail, at the end of which a settlement was…
Supreme Court of India27 Aug 2013Full text
2013 INSC 572 · [2013] 17 S.C.R. 327
Appellant-accused contended that the case would G come under Exception 4 of s. 300 IPC as there was only a single blow with a stick and there was no previous enmity and as such the act was done in the spur of the moment without any premeditation. 327 H 328 SUPREME COURT REPORTS (2013) 17 S.C.R. 1A Partly allowing the a…
Supreme Court of India27 Aug 2013Full text
2013 INSC 571 · [2013] 9 S.C.R. 276
Dr. Manish Singhvi, AAG, Pragati Neekhra, H.D. Thanvi, Rishi Motoliya, Preeti Thanvi, Sarad Kumar Singhania, S.S. F Shamshery, V.M. Vishnu, Arun Bhardwaj, Bharat Sood, C.S. Ashri, Milind Kumar for the appearing parties. The Judgment of the Court was delivered by ANIL R. DAVE, J. 1. Leave granted. 2. Being aggrieved by …
Supreme Court of India27 Aug 2013Full text
2013 INSC 570 · [2013] 14 S.C.R. 105
[2013] 14 S.C.R. 105 SWAMY DEVI DAYAL HOSPITAL. & DENTAL COLLEGE A v. THE UNION OF INDIA & ORS. (Special Leave Petition (Civil) No. 25698 of 2013) AUGUST 27, 2013 B [K.S.RADHAKRISHNAN AND A.K.SIKRI, JJ.] Education - Medical education - Dental Council of India Act, 1948 - s.10A - MOS (Master of Dental Surgery) -Speciali…
Supreme Court of India24 Jan 2013Full text
2013 INSC 57 · [2013] 3 S.C.R. 359
Appeal - Against discretionary order - Jurisdiction of appellate court - Explained. Plaintiff Nos. 1 and 2 filed a suit uls. 6 of Specific G Relief Act, 1963. They took the plea that their possession of the suit flat and suit office was forcibly taken by defendants 2, 3 and 4. The court appointed a Receiver. As per rep…
Supreme Court of India27 Aug 2013Full text
2013 INSC 569 · [2013] 10 S.C.R. 813
On 02.03.2012, when a former Minister in· the Government of Kamataka was sought to be produced by G the CBI, Bangalore, Branch, In .the City. Civil Court Complex, a large crowd gathered in the court premises which caused a great deal of inconvenience, as a result of which, scuffle ensued between advocates, police and 8…
Supreme Court of India27 Aug 2013Full text
2013 INSC 568 · [2013] 14 S.C.R. 136
Offence of gang rape - Sentence for - Lesser than the minimum prescribed - On the basis of compromise between F the accused and the prosecutrix - Held: Rape is a non-compoundable offence - It would not be safe for the court in considering the compromise as a ground, to exercise its discretionary power under the proviso…
Supreme Court of India26 Aug 2013Full text
2013 INSC 567 · [2013] 17 S.C.R. 983
**Sangeet and Anr. vs. State of Haryana (2013) 2 SCC 452: 2012 (13) SCR 85 - held inapplicable. 983 •H 984 SUPREME COURT REPORTS [2013] 17 S.C.R. A. Gurvail Singh @ Gata and Anr. vs. State of Punjab (2013) 2 SCC 713: 2013 (1) SCR 783 - referred to. Case Law Reference: 2013 (1) SCR 783 referred to Para 2C 2012 (13) SCR …
Supreme Court of India26 Aug 2013Full text
2013 INSC 566 · [2013] 10 S.C.R. 793
Allowing the appeal, the Court 793 H 794 SUPREME COURT REPORTS [2013] 10 S.C.R. A HELD: 1.1. The Tribunal should have considered both oral and documentary evidence and appreciated the same in the proper perspective and recorded the finding on the contentious issues in the affirmative. But it has recorded the finding in…
Supreme Court of India26 Aug 2013Full text
2013 INSC 565 · [2013] 9 S.C.R. 623
s.57-A(6), Proviso - Credit of duty of excise or additional duty- Held: The proviso postulates and requires "reasonable care» and not verification from the department whether the duty G stands paid by the manufacturer-seller. The respondent-company (in Civil Appeal No. 7031 of 2009) availed deemed MODVAT credit of Rs.7…
Supreme Court of India26 Aug 2013Full text
2013 INSC 564 · [2013] 8 S.C.R. 268
[2013] 8 S.C.R. 268 A MASTER MALLIKARJUN v. DIVISIONAL MANAGER, THE NATIONAL INSURANCE COMPANY LIMITED & ANR. (Civil Appeal No. 7139 of 2013) B AUGUST 26, 2013 [GYAN SUDHA MISRA AND KURIAN JOSEPH, JJ.] Motor Vehicles Act, 1988 - s.166 - Compensation claim c - By child victim who suffered disability in a motor accident …
Supreme Court of India26 Aug 2013Full text
2013 INSC 563 · [2013] 9 S.C.R. 266
Allowing the appeal, the Court HELD: 1.1 In a claim for compensation, it is certainly H 266 .. PEPSU ROAD TRANSPO~T CORPORATION v. 267 NATIONAL INSURANCE COMPANY open to the insurer uls 149(2)(a)(ii) of the Motor Vehicles A Act, 1988 to take a defence that the driver of the vehicle involved in the accident was not duly…
Supreme Court of India26 Aug 2013Full text
2013 INSC 562 · [2013] 9 S.C.R. 257
The marriage between appellant-accused No. 1 (A-1) and the sister of the informant (PW-2) was solemnized on F 24.9.1997. Two children, one son and a daughter were born to the couple. On 11.9.2001, A-1 informed PW-2 telephonically that his sister had committed suicide. PW-2 lodged an FIR alleging that after the marriage…
Supreme Court of India26 Aug 2013Full text
2013 INSC 561 · [2013] 14 S.C.R. 74
[2013] 14 S.C.R. 74 A ECON ANTRI LTD. V. ROM INDUSTRIES LTD. & ANR. (Criminal Appeal No. 1079 of 2006) AUGUST 26, 2013 B [P. SATHASIVAM, CJI,, RANJANA PRAKASH DESAI AND RANJAN GOGOi, JJ.] Negotiable Instruments Act, 1881 - s.142(b} and s.138, C proviso (c) - Cheque bouncing case- Complaint filed u!s.138 of NI Act - Lim…
Supreme Court of India23 Aug 2013Full text
2013 INSC 560 · [2013] 9 S.C.R. 609
Service matters - Limitation - Held: The issue of G limitation or delay and /aches should be considered with reference to the original cause of action -- A mere submission of representation to competent authority does not arrest time. 609 H 610 SUPREME COURT REPORTS [2013] 9 S.C.R. A One of the juniors to the responden…
Also on Law on Tips: Bare Acts · Legal news and analysis