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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.
5,261–5,280 · Page 264 of 382
Supreme Court of India16 Aug 2013Full text
2013 INSC 541 · [2013] 14 S.C.R. 58
(158) ELT 424 SC; Union of India vs. SICOM Ltd. 2009 (2) SCC 121: 2008 (17) SCR 120; State of Kamataka and Anr. E vs. Shreyash Papers (P) Ltd. and Ors. JT 2006 (1) SC 1eo: 2006 (1) SCR 235; Dena Bank vs. Bhikhabhai Prabhudas Parekh and Co. and Ors. (2000) 5 sec 694: 2000 (3) SCR 509 - referred to. Case Law Reference:F …
Supreme Court of India16 Aug 2013Full text
2013 INSC 540 · [2013] 8 S.C.R. 208
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.
5,261–5,280 · Page 264 of 382
Supreme Court of India16 Aug 2013Full text
2013 INSC 541 · [2013] 14 S.C.R. 58
(158) ELT 424 SC; Union of India vs. SICOM Ltd. 2009 (2) SCC 121: 2008 (17) SCR 120; State of Kamataka and Anr. E vs. Shreyash Papers (P) Ltd. and Ors. JT 2006 (1) SC 1eo: 2006 (1) SCR 235; Dena Bank vs. Bhikhabhai Prabhudas Parekh and Co. and Ors. (2000) 5 sec 694: 2000 (3) SCR 509 - referred to. Case Law Reference:F …
Supreme Court of India16 Aug 2013Full text
2013 INSC 540 · [2013] 8 S.C.R. 208
208H VIKAS v. STATE OF RAJASTHAN 209 lnder Mohan Goswami; 2007 12 SCC 1: 2007 (10) SCR A 847; Raghuvansh Dewanchand Bhasin vs. State of Maharashtra and Anr. (2012) 9 SCC 791: 2007 (10) SCR 847 Sf?te of U. P. vs. Poosu and Anr; 1976 3 SCC 1: 1976 (3) ~CR 1005 - referred to. B Case Law Reference: 2007 (10) SCR 847 referr…
Supreme Court of India23 Jan 2013Full text
2013 INSC 54 · [2013] 1 S.C.R. 545
[2013] 1 S.C.R. 545 C.P. SUBHASH A v. INSPECTOR OF POLICE CHENNAI & ORS. (Criminal Appeal No. 176 of 2013) . JANUARY 23, 2013 B [T.S. THAKUR AND GYAN SUDHA MISRA, JJ.] Code of Criminal Procedure, 1973 - s.482 - Pending criminal proceedings including FIRs under investigation -Exercise of powers u/s.482 CrPC or u/Article…
Supreme Court of India16 Aug 2013Full text
2013 INSC 539 · [2013] 8 S.C.R. 194
G Appointments to vacancies in the post of Deputy Director (Law) in the Other Backward Class (OBC Category) were to be made in the office of Competition Commission of India (CCI). CCI issued notification through public notice inviting applications for such post. H 194 YOGESH YADAV v. UNION OF INDIA 195 The three appell…
Supreme Court of India16 Aug 2013Full text
2013 INSC 538 · [2013] 10 S.C.R. 33
(P) Ltd. & Anr. vs. State of Rajasthan & Ors. (2008) 4 SCC F 695: 2008 (2) SCR 521 - held inapplicable. 2.1. In spite of knowing the specific ground raised by the appellant about the non-publica…
Supreme Court of India14 Aug 2013Full text
2013 INSC 537 · [2013] 14 S.C.R. 38
[2013] 14 S.C.R. 38 A COMMISSIONER OF CENTRAL EXCISE, MUMBAI IV v. M/S. CIENS LABORATORIES, MUMBAI (Civil Appeal No.6988 of 2003 etc.) AUGUST 14, 2013B [SUDHANSU JYOTI MUKHOPADHAYA AND KURIAN JOSEPH, JJ.] Central Excise Tariff Act, 1985 - Tariff Headings 30. 03 c and 33.04(8) - Classification - Product, whether medicam…
Supreme Court of India14 Aug 2013Full text
2013 INSC 536 · [2013] 8 S.C.R. 177
Dismissing the appeals, the Court D HELD: 1.1. Gratuity and pension are not bounties. An employee earns these benefits by dint of his long, continuous, faithful ant:f un-blemished service. It is thus hard earned benefit which accrues to an employee and is in the nature of "property". This right to property E cannot be …
Supreme Court of India13 Aug 2013Full text
2013 INSC 535 · [2013] 11 S.C.R. 784
[2013) 11 S.C.R. 784 A ALAKNANDA HYDRO POWER CO. LTD. v. ANUJ JOSHI & ORS. (Civil Appeal No. 6736 of 2013) AUGUST 13, 2013 B [K.S. RADHAKRISHNAN AND DIPAK MISRA, JJ.] Hydroelectric Power Project - Environmental and Forest clearance for - Granted to project developer - Writ petition C filed objecting to the clearance - …
Supreme Court of India13 Aug 2013Full text
2013 INSC 534 · [2013] 9 S.C.R. 52
eviction of the defendants-appellants with a specific · finding that they were gratuitous licensees. The appeal of the appellants was dismissed by the Appellate Bench of Small Causes Court. The appellants as well as the respondents filed writ petitions before the High Court; the0 respondents' writ petition was for clai…
Supreme Court of India13 Aug 2013Full text
2013 INSC 533 · [2013] 8 S.C.R. 163
164 SUPREM~ COURT REPORTS [2013] 8 S.C.R. A Code, particularly, in a criminal trial, considering the magnitude of the case pending since 1997, the conduct of the-Judge cannot be faulted with - Inconvenience, if any, can be set at right by granting further time for arguments - Further time of 5 days granted for the pros…
Supreme Court of India12 Aug 2013Full text
2013 INSC 532 · [2013] 10 S.C.R. 8
Allowing the appeal, the Court c HELD: 1. Though a person whose name is included in the select list, does not acquire any right to be appointed. The Government may decide not to fill up all the vacancies for valid reasons. Such a decision on the part of the Government not to fill up the required/ D advertised vacancies…
Supreme Court of India12 Aug 2013Full text
2013 INSC 531 · [2013] 10 S.C.R. 21
Mahesh and etc. vs. State of Madhya Pradesh AIR 1987 SC 1346: 1987 (2) SCR 710; State of Punjab vs. Bira Singh and Ors. (1995) Supp. 3 SCC 708; Chinnadurai vs. State of Tamil Nadu AIR 1996 SC 546: 1995 (3) Suppl. SCC 686; G State of U.P. vs. Shri Kishan AIR 2005 SC 1250; Sadhupati Nageswara Rao vs. State of Andhra Prad…
Supreme Court of India12 Aug 2013Full text
2013 INSC 530 · [2013] 7 S.C.R. 1130
of acquittal. However, while doing so, F the appellate court must bear in mind the presumption of innocence in favour of the accused, and also that an acquittal by the court below bolsters such presumption of innocence. In the facts and circumstances of the case, there is no c…
Supreme Court of India23 Jan 2013Full text
2013 INSC 53 · [2013] 1 S.C.R. 526
528 SUPREME COURT REPORTS [2013} 1 S.C.R. A two demand notices dated 10.12.1992 and 01.06.1993 no reference at all has been made to the memo dated 08.12.1992. [para 11 and 14] [537-F; 538-B-C; 540-G; 541-A; 543-G-H; 544-A] 1.3. It is evident from the demand notice dated8 01.06.1993 that for the unauthorized load, a dem…
Supreme Court of India12 Aug 2013Full text
2013 INSC 529 · [2013] 9 S.C.R. 1
E Award of back wages, when termination of employee found to be illegal - Principles culled out - Labour law -Industrial Disputes Act, 1947 - s.11-A - Back wages. Maharashtra Employee$ of Private Schools (Conditions F of Service) Act, 1977: Objects of the Act - Explained. Maharashtra Employees of Private Schools (Condi…
Supreme Court of India8 Aug 2013Full text
2013 INSC 528 · [2013] 17 S.C.R. 965
(2013) 17 S.C.R. 965 MIS VAAMIKA ISLAND (GREEN LAGOON RESORT) A v. UNION OF INDIA AND OTHERS (S.L. P. (Civil) Nos. 24390-24391 of 2013) AUGUST 08, 2013 B [K.S. RADHAKRISHNAN AND A.K. SIKRI, JJ.] Environmental Law: Vembanad Backwater (lake) in Kera/a - Having several c Islands in and around - The lake declared Criticall…
Supreme Court of India8 Aug 2013Full text
2013 INSC 527 · [2013] 9 S.C.R. 598
- per thousand - This argument has already been accepted by the High Court whereby stamp duty payable was reduced and relief to that extent has already been given - Likewise the High Court also set aside the order of the Assistant G Commissioner (Stamps) in so far as the interest payment was imposed upon the appellant …
Supreme Court of India8 Aug 2013Full text
2013 INSC 526 · [2013] 11 S.C.R. 25
26 SUPREME COURT REPORTS (2013) 11 S.C.R. A Review petitioner herein was intervener in the earlier writ Petition - Contentions raised by him were dealt with and duly considered at length in the order dated 06. 07. 2012 and it was clarified that anything beyond the Taj Corridor matter was not the subject matter of refer…
Supreme Court of India8 Aug 2013Full text
2013 INSC 525 · [2013] 7 S.C.R. 1105
APPE~L: F Criminal appeal - Power of appellate court - Held: Appellate court has full power to review at large all the ·evidence, and to reach the conclusion that upon the said evidence, the order of acquittal should be reversed. EVIDENCE: G Appreciation of evidence - Minor contradictions and inconsistencies - High Cou…
Supreme Court of India7 Aug 2013Full text
2013 INSC 524 · [2013] 8 S.C.R. 155
Allowing the appeal, the Court HELD: 1. On perusal of the order passed by the G Tribunal in the case of 'V, it is found that there was some special reason for which 'V' was granted the benefit of incentive increment, though the Tribunal has not given the special reason for which that benefit was given to the said retir…
Also on Law on Tips: Bare Acts · Legal news and analysis
208H VIKAS v. STATE OF RAJASTHAN 209 lnder Mohan Goswami; 2007 12 SCC 1: 2007 (10) SCR A 847; Raghuvansh Dewanchand Bhasin vs. State of Maharashtra and Anr. (2012) 9 SCC 791: 2007 (10) SCR 847 Sf?te of U. P. vs. Poosu and Anr; 1976 3 SCC 1: 1976 (3) ~CR 1005 - referred to. B Case Law Reference: 2007 (10) SCR 847 referr…
Supreme Court of India23 Jan 2013Full text
2013 INSC 54 · [2013] 1 S.C.R. 545
[2013] 1 S.C.R. 545 C.P. SUBHASH A v. INSPECTOR OF POLICE CHENNAI & ORS. (Criminal Appeal No. 176 of 2013) . JANUARY 23, 2013 B [T.S. THAKUR AND GYAN SUDHA MISRA, JJ.] Code of Criminal Procedure, 1973 - s.482 - Pending criminal proceedings including FIRs under investigation -Exercise of powers u/s.482 CrPC or u/Article…
Supreme Court of India16 Aug 2013Full text
2013 INSC 539 · [2013] 8 S.C.R. 194
G Appointments to vacancies in the post of Deputy Director (Law) in the Other Backward Class (OBC Category) were to be made in the office of Competition Commission of India (CCI). CCI issued notification through public notice inviting applications for such post. H 194 YOGESH YADAV v. UNION OF INDIA 195 The three appell…
Supreme Court of India16 Aug 2013Full text
2013 INSC 538 · [2013] 10 S.C.R. 33
(P) Ltd. & Anr. vs. State of Rajasthan & Ors. (2008) 4 SCC F 695: 2008 (2) SCR 521 - held inapplicable. 2.1. In spite of knowing the specific ground raised by the appellant about the non-publica…
Supreme Court of India14 Aug 2013Full text
2013 INSC 537 · [2013] 14 S.C.R. 38
[2013] 14 S.C.R. 38 A COMMISSIONER OF CENTRAL EXCISE, MUMBAI IV v. M/S. CIENS LABORATORIES, MUMBAI (Civil Appeal No.6988 of 2003 etc.) AUGUST 14, 2013B [SUDHANSU JYOTI MUKHOPADHAYA AND KURIAN JOSEPH, JJ.] Central Excise Tariff Act, 1985 - Tariff Headings 30. 03 c and 33.04(8) - Classification - Product, whether medicam…
Supreme Court of India14 Aug 2013Full text
2013 INSC 536 · [2013] 8 S.C.R. 177
Dismissing the appeals, the Court D HELD: 1.1. Gratuity and pension are not bounties. An employee earns these benefits by dint of his long, continuous, faithful ant:f un-blemished service. It is thus hard earned benefit which accrues to an employee and is in the nature of "property". This right to property E cannot be …
Supreme Court of India13 Aug 2013Full text
2013 INSC 535 · [2013] 11 S.C.R. 784
[2013) 11 S.C.R. 784 A ALAKNANDA HYDRO POWER CO. LTD. v. ANUJ JOSHI & ORS. (Civil Appeal No. 6736 of 2013) AUGUST 13, 2013 B [K.S. RADHAKRISHNAN AND DIPAK MISRA, JJ.] Hydroelectric Power Project - Environmental and Forest clearance for - Granted to project developer - Writ petition C filed objecting to the clearance - …
Supreme Court of India13 Aug 2013Full text
2013 INSC 534 · [2013] 9 S.C.R. 52
eviction of the defendants-appellants with a specific · finding that they were gratuitous licensees. The appeal of the appellants was dismissed by the Appellate Bench of Small Causes Court. The appellants as well as the respondents filed writ petitions before the High Court; the0 respondents' writ petition was for clai…
Supreme Court of India13 Aug 2013Full text
2013 INSC 533 · [2013] 8 S.C.R. 163
164 SUPREM~ COURT REPORTS [2013] 8 S.C.R. A Code, particularly, in a criminal trial, considering the magnitude of the case pending since 1997, the conduct of the-Judge cannot be faulted with - Inconvenience, if any, can be set at right by granting further time for arguments - Further time of 5 days granted for the pros…
Supreme Court of India12 Aug 2013Full text
2013 INSC 532 · [2013] 10 S.C.R. 8
Allowing the appeal, the Court c HELD: 1. Though a person whose name is included in the select list, does not acquire any right to be appointed. The Government may decide not to fill up all the vacancies for valid reasons. Such a decision on the part of the Government not to fill up the required/ D advertised vacancies…
Supreme Court of India12 Aug 2013Full text
2013 INSC 531 · [2013] 10 S.C.R. 21
Mahesh and etc. vs. State of Madhya Pradesh AIR 1987 SC 1346: 1987 (2) SCR 710; State of Punjab vs. Bira Singh and Ors. (1995) Supp. 3 SCC 708; Chinnadurai vs. State of Tamil Nadu AIR 1996 SC 546: 1995 (3) Suppl. SCC 686; G State of U.P. vs. Shri Kishan AIR 2005 SC 1250; Sadhupati Nageswara Rao vs. State of Andhra Prad…
Supreme Court of India12 Aug 2013Full text
2013 INSC 530 · [2013] 7 S.C.R. 1130
of acquittal. However, while doing so, F the appellate court must bear in mind the presumption of innocence in favour of the accused, and also that an acquittal by the court below bolsters such presumption of innocence. In the facts and circumstances of the case, there is no c…
Supreme Court of India23 Jan 2013Full text
2013 INSC 53 · [2013] 1 S.C.R. 526
528 SUPREME COURT REPORTS [2013} 1 S.C.R. A two demand notices dated 10.12.1992 and 01.06.1993 no reference at all has been made to the memo dated 08.12.1992. [para 11 and 14] [537-F; 538-B-C; 540-G; 541-A; 543-G-H; 544-A] 1.3. It is evident from the demand notice dated8 01.06.1993 that for the unauthorized load, a dem…
Supreme Court of India12 Aug 2013Full text
2013 INSC 529 · [2013] 9 S.C.R. 1
E Award of back wages, when termination of employee found to be illegal - Principles culled out - Labour law -Industrial Disputes Act, 1947 - s.11-A - Back wages. Maharashtra Employee$ of Private Schools (Conditions F of Service) Act, 1977: Objects of the Act - Explained. Maharashtra Employees of Private Schools (Condi…
Supreme Court of India8 Aug 2013Full text
2013 INSC 528 · [2013] 17 S.C.R. 965
(2013) 17 S.C.R. 965 MIS VAAMIKA ISLAND (GREEN LAGOON RESORT) A v. UNION OF INDIA AND OTHERS (S.L. P. (Civil) Nos. 24390-24391 of 2013) AUGUST 08, 2013 B [K.S. RADHAKRISHNAN AND A.K. SIKRI, JJ.] Environmental Law: Vembanad Backwater (lake) in Kera/a - Having several c Islands in and around - The lake declared Criticall…
Supreme Court of India8 Aug 2013Full text
2013 INSC 527 · [2013] 9 S.C.R. 598
- per thousand - This argument has already been accepted by the High Court whereby stamp duty payable was reduced and relief to that extent has already been given - Likewise the High Court also set aside the order of the Assistant G Commissioner (Stamps) in so far as the interest payment was imposed upon the appellant …
Supreme Court of India8 Aug 2013Full text
2013 INSC 526 · [2013] 11 S.C.R. 25
26 SUPREME COURT REPORTS (2013) 11 S.C.R. A Review petitioner herein was intervener in the earlier writ Petition - Contentions raised by him were dealt with and duly considered at length in the order dated 06. 07. 2012 and it was clarified that anything beyond the Taj Corridor matter was not the subject matter of refer…
Supreme Court of India8 Aug 2013Full text
2013 INSC 525 · [2013] 7 S.C.R. 1105
APPE~L: F Criminal appeal - Power of appellate court - Held: Appellate court has full power to review at large all the ·evidence, and to reach the conclusion that upon the said evidence, the order of acquittal should be reversed. EVIDENCE: G Appreciation of evidence - Minor contradictions and inconsistencies - High Cou…
Supreme Court of India7 Aug 2013Full text
2013 INSC 524 · [2013] 8 S.C.R. 155
Allowing the appeal, the Court HELD: 1. On perusal of the order passed by the G Tribunal in the case of 'V, it is found that there was some special reason for which 'V' was granted the benefit of incentive increment, though the Tribunal has not given the special reason for which that benefit was given to the said retir…
Also on Law on Tips: Bare Acts · Legal news and analysis