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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.
5,401–5,420 · Page 271 of 382
Supreme Court of India2 Jul 2013Full text
2013 INSC 415 · [2013] 8 S.C.R. 373
Appellant challenged the order of the High Court on D the ground that High Court did not decide the question as to whether the appellant was insane, and if he was insane, the Court could not have allowed the counsel to withdraw the petition on the basis of instructions from an insane person. E Allowing the appeal, the …
Supreme Court of India2 Jul 2013Full text
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.
5,401–5,420 · Page 271 of 382
Supreme Court of India2 Jul 2013Full text
2013 INSC 415 · [2013] 8 S.C.R. 373
Appellant challenged the order of the High Court on D the ground that High Court did not decide the question as to whether the appellant was insane, and if he was insane, the Court could not have allowed the counsel to withdraw the petition on the basis of instructions from an insane person. E Allowing the appeal, the …
Supreme Court of India2 Jul 2013Full text
2013 INSC 414 · [2013] 8 S.C.R. 364
- But the rate fixed by High Court is modified to Rs.50,0001-E from Rs. 42, 0001- per bigha in view of the fact that value in *Balbir Singh's case was fixed on the basis of cases which were acquired prior to the acquisition in the present case. Land belonging to the appellants was acquired under Land Acquisition Act, 1…
Supreme Court of India2 Jul 2013Full text
2013 INSC 413 · [2013] 7 S.C.R. 352
[2013] 7 S.C.R. 352 A ASSOCIATION FOR ENVIRONMENT PROTECTION v. STATE OF KERALA AND OTHERS (Civil Appeal No. 4941 of 2013) JULY 02, 2013 ;r B [G.S. SINGHVI AND SHARAD ARVIND BOBDE, JJ.] CONSTITUTION OF IND/A, 1950: c Arts. 48-A and 51-A(g) read with Art. 21 - Protection and improvement of environment including forests,…
Supreme Court of India2 Jul 2013Full text
2013 INSC 412 · [2013] 7 S.C.R. 340
H JASVINDER SAINI & ORS. v. STATE (GOVT. OF NCT 341 OF DELHI) order of Supreme Court in Rajbir Singh's case1, the trial· A court added a further charge u/s 302 IPC. The appellants challenged the order in a writ petition which was dismissed by the High Court. The question for consideration before this Court B was: wheth…
Supreme Court of India2 Jul 2013Full text
2013 INSC 411 · [2013] 7 S.C.R. 320
- Similarly, the Division Bench miserably failed to examine E the issue relating to gift as regards the first item of the suit scheduled properties - Though, such a claim was made by defendant, there was no iota of evidence to support the said claim -The ingredients of s. 122 of the Transfer of Property Act relating to…
Supreme Court of India2 Jul 2013Full text
2013 INSC 410 · [2013] 7 S.C.R. 293
(iii) Whether there was any doubt about the death of the deceased? D (iv) Whether the offence would fall u/s 304 and not u/s 302 IPC? Dismissing the appeal, the Court. HELD: 1.1 It is significant to note that as on date, E there is no statutory prescription as to the manner or the procedure to be followed for recording…
Supreme Court of India18 Jan 2013Full text
2013 INSC 41 · [2013] 1 S.C.R. 362
STATE OF BIHAR & ANR. v. SUNNY PRAKASH & 363 ORS. issued by Education Department of Government of Bihar A declaring the non-teaching staff of Universities and constituent Colleges equivalent to the Government staff, led to repeated strikes by the Bihar State University and College Employees Federation and the agreement…
Supreme Court of India2 Jul 2013Full text
2013 INSC 409 · [2013] 7 S.C.R. 276
[2013] 7 S.C.R. 276 A JIJU KURUVILA & ORS. v. KUNJUJAMMA MOHAN & ORS. (Civil Appeal Nos. 4945-4946 of 2013) JULY 02, 2013 B [G.S. SINGHVI AND SUDHANSU JYOTI MUKHOPADHAYA, JJ.] MOTOR VEHICLES ACT, 1988: c s. 166 - Fatal accident -- Compensation - Deceased employed in US - Date for fixing the rate of exchange -Deduction …
Supreme Court of India2 Jul 2013Full text
2013 INSC 408 · [2013] 8 S.C.R. 1119
The appellant, a Sepoy in the Corps of Signals of the Indian Army, was boarded out of the service on the C ground of 20% permanent disability as he was found to be suffering from "Generalised seizure (Epilepsy)". The Medical Board of Army opined that the disability was not related to military service; and on the basis …
Supreme Court of India2 Jul 2013Full text
2013 INSC 407 · [2013] 8 S.C.R. 1100
[2013] 8 S.C.R. 1100 A SHEO SHANKAR SINGH v. STATE OF U.P. (Criminal Appeal No. 1020 of 2004) JULY 2, 2013B [DR. B.S. CHAUHAN AND FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.] Penal Code, 1860- s.302 rlw s.34 - Murder- Common C intention - Death caused by firing gunshots - Four accused including the appellants - Conviction of…
Supreme Court of India2 Jul 2013Full text
2013 INSC 406 · [2013] 8 S.C.R. 1090
H 1090 VIKRAM SINGH @VICKY &ANR v. UNION OF INDIA1091 & ORS. The constitutional validity of Section 364A of IPC was A challenged on the ground that inasmuch as the same prescribes death sentence for a case of kidnapping for ransom, the same is so harsh as to make it unreasonable anc:I unfair hence violative of Article …
Supreme Court of India2 Jul 2013Full text
2013 INSC 405 · [2013] 10 S.C.R. 1023
- Regulation 4 - Uttar Pradesh Jal Nigam Services of Engineers (Public Health Branch) Regulations, 1978 - G Regulation 3.1 - Constitution of India, 1950 - Art. 14. Principles - Principle of 'No work no pay' - Applicability -Held: The principle is not applicable to the employees guided 1023 H 1024 SUPREME COURT REPORTS …
Supreme Court of India2 Jul 2013Full text
2013 INSC 404 · [2013] 10 S.C.R. 579
580 SUPREME COURT REPORTS [2013] 10 S.C.R. A time of discharge from service, he was suffering from a disease which made him unfit to continue in service and whether he would be entitled to disability pension. The appellant was enrolled in the Army (Corps of B Signals) in Medical Category "AYE". He was subsequently down…
Supreme Court of India1 Jul 2013Full text
2013 INSC 403 · [2013] 10 S.C.R. 982
The appellants in the present appeal, who were the C employees senior to respondent No.5 and whose rights were liable to ·be prejudicially affected by the accelerated promotion of respondent No.5, filed appeal to this Court, challenging the order of accelerated promotion of respondent No.5. D Allowing the appeal, the C…
Supreme Court of India1 Jul 2013Full text
2013 INSC 402 · [2013] 10 S.C.R. 937
- cannot be permitted to use his own fault to his advantage -937 H 938 SUPREME COURT REPORTS [2013] 10 S.C.R. A He did not heed the advise of the gynecologist, after abortion of the respondent's first pregnancy - The Gynecologist had advised the couple against planning any further conception, for a period of at least t…
Supreme Court of India1 Jul 2013Full text
2013 INSC 401 · [2013] 10 S.C.R. 907
Allowing the appeal, the Court HELD: 1.1. Conviction can be based solely on circumstantial evidence but it should be tested on the B touchstone of law relating to circumstantial evidence. While dealing with conviction based on circumstantial evidence, the circumstances from which the conclusion of the guilt is to be dr…
Supreme Court of India1 Jul 2013Full text
2013 INSC 400 · [2013] 10 S.C.R. 889
[2013] 10 S.C.R. 889 HARIVADAN BABUBHAI PATEL A v. STATE OF GUJARAT (Criminal Appeal No. 1044 of 2010) JULY 01, 2013 B [DR. B.S. CHAUHAN AND DIPAK MISRA., JJ.] Penal Code, 1860: ss. 342, 346, 302, 1208 and 201rlw. s. 34 - Prosecution c under - Of 4 accused persons - Circumstantial evidence -Conviction of two accused an…
Supreme Court of India17 Jan 2013Full text
2013 INSC 40 · [2013] 4 S.C.R. 883
Constitution of India, 1950 - Articles 14 and 16 - Valid E classification - A classification to be valid, must be based on just objective and differentiation must have reasonable nexus to the objective sought to be achieved - Any classification without reference to the object sought to be achieved, would be arbitrary a…
Supreme Court of India3 Jan 2013Full text
2013 INSC 4 · [2013] 1 S.C.R. 103
F An FIR was registered at Police Station, Port Blair on 21.06.2011 that a cargo ship had sailed from Chennai to Port Blair with huge quantity of unauthorized substances. Accordingly, a raiding party comprising police personnel reached the destination of the cargo G ship. Some independent persons were also associated. …
Supreme Court of India1 Jul 2013Full text
2013 INSC 399 · [2013] 7 S.C.R. 86
F s. 482 read with s. 401 (2) - Opportunity of hearing - Held: A valuable right accrued to appellants by reason of the order passed by Court of Session refusing to issue summons - In the circumstances, principle of giving notice and opportunity of hearing as contemplated uls 401(2) should be applied G where such orders…
Also on Law on Tips: Bare Acts · Legal news and analysis
2013 INSC 414 · [2013] 8 S.C.R. 364
- But the rate fixed by High Court is modified to Rs.50,0001-E from Rs. 42, 0001- per bigha in view of the fact that value in *Balbir Singh's case was fixed on the basis of cases which were acquired prior to the acquisition in the present case. Land belonging to the appellants was acquired under Land Acquisition Act, 1…
Supreme Court of India2 Jul 2013Full text
2013 INSC 413 · [2013] 7 S.C.R. 352
[2013] 7 S.C.R. 352 A ASSOCIATION FOR ENVIRONMENT PROTECTION v. STATE OF KERALA AND OTHERS (Civil Appeal No. 4941 of 2013) JULY 02, 2013 ;r B [G.S. SINGHVI AND SHARAD ARVIND BOBDE, JJ.] CONSTITUTION OF IND/A, 1950: c Arts. 48-A and 51-A(g) read with Art. 21 - Protection and improvement of environment including forests,…
Supreme Court of India2 Jul 2013Full text
2013 INSC 412 · [2013] 7 S.C.R. 340
H JASVINDER SAINI & ORS. v. STATE (GOVT. OF NCT 341 OF DELHI) order of Supreme Court in Rajbir Singh's case1, the trial· A court added a further charge u/s 302 IPC. The appellants challenged the order in a writ petition which was dismissed by the High Court. The question for consideration before this Court B was: wheth…
Supreme Court of India2 Jul 2013Full text
2013 INSC 411 · [2013] 7 S.C.R. 320
- Similarly, the Division Bench miserably failed to examine E the issue relating to gift as regards the first item of the suit scheduled properties - Though, such a claim was made by defendant, there was no iota of evidence to support the said claim -The ingredients of s. 122 of the Transfer of Property Act relating to…
Supreme Court of India2 Jul 2013Full text
2013 INSC 410 · [2013] 7 S.C.R. 293
(iii) Whether there was any doubt about the death of the deceased? D (iv) Whether the offence would fall u/s 304 and not u/s 302 IPC? Dismissing the appeal, the Court. HELD: 1.1 It is significant to note that as on date, E there is no statutory prescription as to the manner or the procedure to be followed for recording…
Supreme Court of India18 Jan 2013Full text
2013 INSC 41 · [2013] 1 S.C.R. 362
STATE OF BIHAR & ANR. v. SUNNY PRAKASH & 363 ORS. issued by Education Department of Government of Bihar A declaring the non-teaching staff of Universities and constituent Colleges equivalent to the Government staff, led to repeated strikes by the Bihar State University and College Employees Federation and the agreement…
Supreme Court of India2 Jul 2013Full text
2013 INSC 409 · [2013] 7 S.C.R. 276
[2013] 7 S.C.R. 276 A JIJU KURUVILA & ORS. v. KUNJUJAMMA MOHAN & ORS. (Civil Appeal Nos. 4945-4946 of 2013) JULY 02, 2013 B [G.S. SINGHVI AND SUDHANSU JYOTI MUKHOPADHAYA, JJ.] MOTOR VEHICLES ACT, 1988: c s. 166 - Fatal accident -- Compensation - Deceased employed in US - Date for fixing the rate of exchange -Deduction …
Supreme Court of India2 Jul 2013Full text
2013 INSC 408 · [2013] 8 S.C.R. 1119
The appellant, a Sepoy in the Corps of Signals of the Indian Army, was boarded out of the service on the C ground of 20% permanent disability as he was found to be suffering from "Generalised seizure (Epilepsy)". The Medical Board of Army opined that the disability was not related to military service; and on the basis …
Supreme Court of India2 Jul 2013Full text
2013 INSC 407 · [2013] 8 S.C.R. 1100
[2013] 8 S.C.R. 1100 A SHEO SHANKAR SINGH v. STATE OF U.P. (Criminal Appeal No. 1020 of 2004) JULY 2, 2013B [DR. B.S. CHAUHAN AND FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.] Penal Code, 1860- s.302 rlw s.34 - Murder- Common C intention - Death caused by firing gunshots - Four accused including the appellants - Conviction of…
Supreme Court of India2 Jul 2013Full text
2013 INSC 406 · [2013] 8 S.C.R. 1090
H 1090 VIKRAM SINGH @VICKY &ANR v. UNION OF INDIA1091 & ORS. The constitutional validity of Section 364A of IPC was A challenged on the ground that inasmuch as the same prescribes death sentence for a case of kidnapping for ransom, the same is so harsh as to make it unreasonable anc:I unfair hence violative of Article …
Supreme Court of India2 Jul 2013Full text
2013 INSC 405 · [2013] 10 S.C.R. 1023
- Regulation 4 - Uttar Pradesh Jal Nigam Services of Engineers (Public Health Branch) Regulations, 1978 - G Regulation 3.1 - Constitution of India, 1950 - Art. 14. Principles - Principle of 'No work no pay' - Applicability -Held: The principle is not applicable to the employees guided 1023 H 1024 SUPREME COURT REPORTS …
Supreme Court of India2 Jul 2013Full text
2013 INSC 404 · [2013] 10 S.C.R. 579
580 SUPREME COURT REPORTS [2013] 10 S.C.R. A time of discharge from service, he was suffering from a disease which made him unfit to continue in service and whether he would be entitled to disability pension. The appellant was enrolled in the Army (Corps of B Signals) in Medical Category "AYE". He was subsequently down…
Supreme Court of India1 Jul 2013Full text
2013 INSC 403 · [2013] 10 S.C.R. 982
The appellants in the present appeal, who were the C employees senior to respondent No.5 and whose rights were liable to ·be prejudicially affected by the accelerated promotion of respondent No.5, filed appeal to this Court, challenging the order of accelerated promotion of respondent No.5. D Allowing the appeal, the C…
Supreme Court of India1 Jul 2013Full text
2013 INSC 402 · [2013] 10 S.C.R. 937
- cannot be permitted to use his own fault to his advantage -937 H 938 SUPREME COURT REPORTS [2013] 10 S.C.R. A He did not heed the advise of the gynecologist, after abortion of the respondent's first pregnancy - The Gynecologist had advised the couple against planning any further conception, for a period of at least t…
Supreme Court of India1 Jul 2013Full text
2013 INSC 401 · [2013] 10 S.C.R. 907
Allowing the appeal, the Court HELD: 1.1. Conviction can be based solely on circumstantial evidence but it should be tested on the B touchstone of law relating to circumstantial evidence. While dealing with conviction based on circumstantial evidence, the circumstances from which the conclusion of the guilt is to be dr…
Supreme Court of India1 Jul 2013Full text
2013 INSC 400 · [2013] 10 S.C.R. 889
[2013] 10 S.C.R. 889 HARIVADAN BABUBHAI PATEL A v. STATE OF GUJARAT (Criminal Appeal No. 1044 of 2010) JULY 01, 2013 B [DR. B.S. CHAUHAN AND DIPAK MISRA., JJ.] Penal Code, 1860: ss. 342, 346, 302, 1208 and 201rlw. s. 34 - Prosecution c under - Of 4 accused persons - Circumstantial evidence -Conviction of two accused an…
Supreme Court of India17 Jan 2013Full text
2013 INSC 40 · [2013] 4 S.C.R. 883
Constitution of India, 1950 - Articles 14 and 16 - Valid E classification - A classification to be valid, must be based on just objective and differentiation must have reasonable nexus to the objective sought to be achieved - Any classification without reference to the object sought to be achieved, would be arbitrary a…
Supreme Court of India3 Jan 2013Full text
2013 INSC 4 · [2013] 1 S.C.R. 103
F An FIR was registered at Police Station, Port Blair on 21.06.2011 that a cargo ship had sailed from Chennai to Port Blair with huge quantity of unauthorized substances. Accordingly, a raiding party comprising police personnel reached the destination of the cargo G ship. Some independent persons were also associated. …
Supreme Court of India1 Jul 2013Full text
2013 INSC 399 · [2013] 7 S.C.R. 86
F s. 482 read with s. 401 (2) - Opportunity of hearing - Held: A valuable right accrued to appellants by reason of the order passed by Court of Session refusing to issue summons - In the circumstances, principle of giving notice and opportunity of hearing as contemplated uls 401(2) should be applied G where such orders…
Also on Law on Tips: Bare Acts · Legal news and analysis