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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.
5,421–5,440 · Page 272 of 382
Supreme Court of India1 Jul 2013Full text
2013 INSC 398 · [2013] 7 S.C.R. 69
S.K. A/agh vs. State of Uttar Pradesh and Others 2008 G (2) SCR 1088 = (2008) 5 SCC 662 - referred to. 1.2 It is not in dispute that the first respondent has not filed any complaint under any other provisions of the Penal Code and, therefore, 'intention of the parties' is not attracted. Inasmuch as the appellant had an…
Supreme Court of India1 Jul 2013Full text
2013 INSC 397 · [2013] 11 S.C.R. 581
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.
5,421–5,440 · Page 272 of 382
Supreme Court of India1 Jul 2013Full text
2013 INSC 398 · [2013] 7 S.C.R. 69
S.K. A/agh vs. State of Uttar Pradesh and Others 2008 G (2) SCR 1088 = (2008) 5 SCC 662 - referred to. 1.2 It is not in dispute that the first respondent has not filed any complaint under any other provisions of the Penal Code and, therefore, 'intention of the parties' is not attracted. Inasmuch as the appellant had an…
Supreme Court of India1 Jul 2013Full text
2013 INSC 397 · [2013] 11 S.C.R. 581
(2013] 11 S.C.R. 581 K. GURUPRASAD RAO A v. STATE OF KARNATAKA AND OTHERS (Civil Appeal No. 4823 of 2013) JULY 01, 2013 B [G.S. SINGHVI AND RANJANA PRAKASH DESAI, JJ.] Ancient Monuments and Archaeological Sites and Remains Act, 19581 Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1…
Supreme Court of India1 Jul 2013Full text
2013 INSC 396 · [2013] 7 S.C.R. 45
The husband of respondent no. 2-claimant died as a result of the accident caused by a Maxi Cab. The Tribunal held that the driver possessing licence to drive light G motor vehicle was entitled to drive the said Maxi Cab, and awarded compensation to be paid by the respondents before it. In the appeal filed by the Insura…
Supreme Court of India1 Jul 2013Full text
2013 INSC 395 · [2013] 8 S.C.R. 40
42 SUPREME COURT REPORTS [2013] 8 S.C.R. A notifications dissolving the Municipality and appointing an Administrator. [Para 11] [49-B-D] 2. However, the State Government had provided an opportunity of hearing to the objectors on their B respective objections and amongst the objectors there were several Municipal Counci…
Supreme Court of India1 Jul 2013Full text
2013 INSC 394 · [2013] 13 S.C.R. 388
Dispute arose as to whether a complaint under the H 388 U.P. POWER CORPORATION LTD. v. ANIS AHMED 389 Consumer Protection Act, 1986 against the final A assessment order passed under Section 126 of the Electricity Act, 2003 is maintainable before the Consumer Forum. The appellants contended: (!'!) that proceedings 8 und…
Supreme Court of India1 Jul 2013Full text
2013 INSC 393 · [2013] 8 S.C.R. 351
[2013] 8 S.C.R. 351 S. MANICKAM A v. METROPOLITAN TRANSPORT CORP. LTD. (Civil Appeal Nos.4816-4817 of 2013) JULY 1, 2013 B [P. SATHASIVAM AND M.Y. EQBAL, JJ.] Motor Vehicles Act, 1988 - Accident - Compensation -Determination of - "Just compensation" - Held: No precise c formula to determine the quantum of compensation …
Supreme Court of India1 Jul 2013Full text
2013 INSC 392 · [2013] 13 S.C.R. 341
342 SUPREME COURT REPORTS (2013] 13 S.C.R. A of Rs. 2 lacs imposed on the State of Tamil Nadu for payment in favour of appellant - Police (Incitement to Disaffection) Act, 1922 - s. 3 - Penal Code, 1860 - s. 505 - Preventive Detention. Constitution of India, 1950 - Arts. 21 and 22 - Personal B liberty - Deprivation of …
Supreme Court of India1 Jul 2013Full text
2013 INSC 391 · [2013] 8 S.C.R. 336
[2013) 8 S.C.R. 336 A STATE OF RAJASTHAN v. SHIV CHARAN & ORS. (Criminal Appeal Nos. 1425-1426 of 2007) JULY 1, 2013 B [DR. B.S. CHAUHAN AND DIPAK MISRA, JJ.) Penal Code, 1860: c. s. 30211491148 - Conviction under - By trial court -Sentence of life imprisonment with fine - High Court allowed the conviction to one uls.3…
Supreme Court of India1 Jul 2013Full text
2013 INSC 390 · [2013] 8 S.C.R. 323
Evidence - Witness - Official witnesses - Testimony of police official - Appreciation - Held: Witnesses from the department of police cannot per se be said to be untruthful or unreliable - It would depend upon the veracity, credibility F and unimpeachabi/ity of their testimony - It cannot be said that the whole case sh…
Supreme Court of India17 Jan 2013Full text
2013 INSC 39 · [2013] 1 S.C.R. 336
- No exceptions can be made on the ground of equity. E Insurance - Policy terms - Non-compliance - Effect -Appellant, a government company, in the business of insuring exporters - Respondent purchased insurance policy for purpose of insuring shipment to a foreign buyer/importer -F Foreign buyer committed default in mak…
Supreme Court of India1 Jul 2013Full text
2013 INSC 389 · [2013] 8 S.C.R. 312
The High Court, vide the impugned order, reduced the compensation awarded to the claimant-appellant, by F fixing lower market rate of the land and set aside the part of the order passed by the Reference Court granting Rs.10,000/- towards damages of standing crops. The appellant challenged the judgment passed by G the H…
Supreme Court of India1 Jul 2013Full text
2013 INSC 388 · [2013] 8 S.C.R. 301
Case Law Reference: 2006 (1) SCR 477 referred to Para 9 (2009) 1 sec 254 referred to Para 10 2009 (15) SCR 712 referred to Para 11 E 2012 (8) SCR 189 referred to Para 12 JT 2013 (3) SC 444 referred to Para 13 2013 (6) Scale 142 referred to Para 14 F CRIMINAL APPELLATE JURISDICTIQN: Criminal Appeal No. 809 of 2013. From…
Supreme Court of India1 Jul 2013Full text
2013 INSC 387 · [2013] 17 S.C.R. 289
s.30-Appeal- Substantial question of law- Held: Under the scheme of the Act, Commissioner is the final authority on questions of fact and the first appellate court is the final F authority on the question of law - In the instant case, there is no question of law much less a substantial question of law arising for consi…
Supreme Court of India1 Jul 2013Full text
2013 INSC 386 · [2013] 8 S.C.R. 28
2. Before registration of the FIR, an officer should be satisfied. In other words, if the facts are such which require some inquiry for the satisfaction about the charges or allegations made in the FIR or he may have H 30 SUPREME COURT REPORTS [2013] 8 S.C.R. A entertained a reasonable belief or doubt, then he may make…
Supreme Court of India1 Jul 2013Full text
2013 INSC 385 · [2013] 7 S.C.R. 28
' NATIONAL TEXTILE CORPN. (UP) LTD. v. DR. RAJA 29 RAM JAIPURIA & ORS. scMCL (respondent No. 1). After this Court in Swadeshi A cotton Mills held the said takeover invalid, the Swadeshi cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986 was enacted and as per s.3 thereof, every textile un…
Supreme Court of India1 Jul 2013Full text
2013 INSC 384 · [2013] 7 S.C.R. 192
Dismissing the appeal, the Court D HELD: 1.1 It is the "appropriate Government" alone, which is vested with the responsibilities contemplated u/ ss. 4 and 6 of the Land Acquisition Act, 1894, and which is to be satisfied about the 'public purpose' for which the E land is to be acquired. Accordingly, it is only the "app…
Supreme Court of India1 Jul 2013Full text
2013 INSC 383 · [2013] 7 S.C.R. 179
[2013] 7 S.C.R. 179 BIRENDRA DAS & ANR. A v. STATE OF ASSAM (Criminal Appeal No. 1130 of 2010) JULY 1, 2013 B [DR. B.S. CHAUHAN AND DIPAK MISRA, JJ.) PENAL CODE, 1860: s.302 read with s.34 - Murder - Common intention - c Conviction by courts below - Held: Appellants were not on lookers -- Their intention is clearly ref…
Supreme Court of India1 Jul 2013Full text
2013 INSC 382 · [2013] 7 S.C.R. 165
165 H 166 SUPREME COURT REPORTS [2013) 7 S.C.R. A In the instant appeal, the question for consideration before the Court was: whether the court, where a cheque is deposited for collection, would have territorial jurisdiction to try the accused for an offence punishable u/s 138 of the N.I. Act or would it be only the co…
Supreme Court of India1 Jul 2013Full text
2013 INSC 381 · [2013] 8 S.C.R. 15
NEERUPAM MOHAN MATHUR v. NEW INDIAASSURANCE 17 CO. pain and suffering. Therefore, with a view to do complete A justice to the claimant, the amount of compensation is re-determined to Rs.11,64,300/-. [Paras 15, 17 and 18] [25-B-C, E-G; 26-A; 27-B] Case Law Reference: B 2010 (13) SCR 179 relied on Para 12 CIVIL APPELLATE…
Supreme Court of India1 Jul 2013Full text
2013 INSC 380 · [2013] 7 S.C.R. 132
ss. 4201409, 411and477-A -Accused originally charged with offences ulss 120-B, 4201409, 411 and 477-A - His G conviction u/s 409 converted to that uls 420 /PC - His conviction u/s 411 upheld - However, in view of acquittal of two other accused, his conviction uls 477-A set aside --Special Court (Trial of Offences Relat…
Also on Law on Tips: Bare Acts · Legal news and analysis
(2013] 11 S.C.R. 581 K. GURUPRASAD RAO A v. STATE OF KARNATAKA AND OTHERS (Civil Appeal No. 4823 of 2013) JULY 01, 2013 B [G.S. SINGHVI AND RANJANA PRAKASH DESAI, JJ.] Ancient Monuments and Archaeological Sites and Remains Act, 19581 Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1…
Supreme Court of India1 Jul 2013Full text
2013 INSC 396 · [2013] 7 S.C.R. 45
The husband of respondent no. 2-claimant died as a result of the accident caused by a Maxi Cab. The Tribunal held that the driver possessing licence to drive light G motor vehicle was entitled to drive the said Maxi Cab, and awarded compensation to be paid by the respondents before it. In the appeal filed by the Insura…
Supreme Court of India1 Jul 2013Full text
2013 INSC 395 · [2013] 8 S.C.R. 40
42 SUPREME COURT REPORTS [2013] 8 S.C.R. A notifications dissolving the Municipality and appointing an Administrator. [Para 11] [49-B-D] 2. However, the State Government had provided an opportunity of hearing to the objectors on their B respective objections and amongst the objectors there were several Municipal Counci…
Supreme Court of India1 Jul 2013Full text
2013 INSC 394 · [2013] 13 S.C.R. 388
Dispute arose as to whether a complaint under the H 388 U.P. POWER CORPORATION LTD. v. ANIS AHMED 389 Consumer Protection Act, 1986 against the final A assessment order passed under Section 126 of the Electricity Act, 2003 is maintainable before the Consumer Forum. The appellants contended: (!'!) that proceedings 8 und…
Supreme Court of India1 Jul 2013Full text
2013 INSC 393 · [2013] 8 S.C.R. 351
[2013] 8 S.C.R. 351 S. MANICKAM A v. METROPOLITAN TRANSPORT CORP. LTD. (Civil Appeal Nos.4816-4817 of 2013) JULY 1, 2013 B [P. SATHASIVAM AND M.Y. EQBAL, JJ.] Motor Vehicles Act, 1988 - Accident - Compensation -Determination of - "Just compensation" - Held: No precise c formula to determine the quantum of compensation …
Supreme Court of India1 Jul 2013Full text
2013 INSC 392 · [2013] 13 S.C.R. 341
342 SUPREME COURT REPORTS (2013] 13 S.C.R. A of Rs. 2 lacs imposed on the State of Tamil Nadu for payment in favour of appellant - Police (Incitement to Disaffection) Act, 1922 - s. 3 - Penal Code, 1860 - s. 505 - Preventive Detention. Constitution of India, 1950 - Arts. 21 and 22 - Personal B liberty - Deprivation of …
Supreme Court of India1 Jul 2013Full text
2013 INSC 391 · [2013] 8 S.C.R. 336
[2013) 8 S.C.R. 336 A STATE OF RAJASTHAN v. SHIV CHARAN & ORS. (Criminal Appeal Nos. 1425-1426 of 2007) JULY 1, 2013 B [DR. B.S. CHAUHAN AND DIPAK MISRA, JJ.) Penal Code, 1860: c. s. 30211491148 - Conviction under - By trial court -Sentence of life imprisonment with fine - High Court allowed the conviction to one uls.3…
Supreme Court of India1 Jul 2013Full text
2013 INSC 390 · [2013] 8 S.C.R. 323
Evidence - Witness - Official witnesses - Testimony of police official - Appreciation - Held: Witnesses from the department of police cannot per se be said to be untruthful or unreliable - It would depend upon the veracity, credibility F and unimpeachabi/ity of their testimony - It cannot be said that the whole case sh…
Supreme Court of India17 Jan 2013Full text
2013 INSC 39 · [2013] 1 S.C.R. 336
- No exceptions can be made on the ground of equity. E Insurance - Policy terms - Non-compliance - Effect -Appellant, a government company, in the business of insuring exporters - Respondent purchased insurance policy for purpose of insuring shipment to a foreign buyer/importer -F Foreign buyer committed default in mak…
Supreme Court of India1 Jul 2013Full text
2013 INSC 389 · [2013] 8 S.C.R. 312
The High Court, vide the impugned order, reduced the compensation awarded to the claimant-appellant, by F fixing lower market rate of the land and set aside the part of the order passed by the Reference Court granting Rs.10,000/- towards damages of standing crops. The appellant challenged the judgment passed by G the H…
Supreme Court of India1 Jul 2013Full text
2013 INSC 388 · [2013] 8 S.C.R. 301
Case Law Reference: 2006 (1) SCR 477 referred to Para 9 (2009) 1 sec 254 referred to Para 10 2009 (15) SCR 712 referred to Para 11 E 2012 (8) SCR 189 referred to Para 12 JT 2013 (3) SC 444 referred to Para 13 2013 (6) Scale 142 referred to Para 14 F CRIMINAL APPELLATE JURISDICTIQN: Criminal Appeal No. 809 of 2013. From…
Supreme Court of India1 Jul 2013Full text
2013 INSC 387 · [2013] 17 S.C.R. 289
s.30-Appeal- Substantial question of law- Held: Under the scheme of the Act, Commissioner is the final authority on questions of fact and the first appellate court is the final F authority on the question of law - In the instant case, there is no question of law much less a substantial question of law arising for consi…
Supreme Court of India1 Jul 2013Full text
2013 INSC 386 · [2013] 8 S.C.R. 28
2. Before registration of the FIR, an officer should be satisfied. In other words, if the facts are such which require some inquiry for the satisfaction about the charges or allegations made in the FIR or he may have H 30 SUPREME COURT REPORTS [2013] 8 S.C.R. A entertained a reasonable belief or doubt, then he may make…
Supreme Court of India1 Jul 2013Full text
2013 INSC 385 · [2013] 7 S.C.R. 28
' NATIONAL TEXTILE CORPN. (UP) LTD. v. DR. RAJA 29 RAM JAIPURIA & ORS. scMCL (respondent No. 1). After this Court in Swadeshi A cotton Mills held the said takeover invalid, the Swadeshi cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986 was enacted and as per s.3 thereof, every textile un…
Supreme Court of India1 Jul 2013Full text
2013 INSC 384 · [2013] 7 S.C.R. 192
Dismissing the appeal, the Court D HELD: 1.1 It is the "appropriate Government" alone, which is vested with the responsibilities contemplated u/ ss. 4 and 6 of the Land Acquisition Act, 1894, and which is to be satisfied about the 'public purpose' for which the E land is to be acquired. Accordingly, it is only the "app…
Supreme Court of India1 Jul 2013Full text
2013 INSC 383 · [2013] 7 S.C.R. 179
[2013] 7 S.C.R. 179 BIRENDRA DAS & ANR. A v. STATE OF ASSAM (Criminal Appeal No. 1130 of 2010) JULY 1, 2013 B [DR. B.S. CHAUHAN AND DIPAK MISRA, JJ.) PENAL CODE, 1860: s.302 read with s.34 - Murder - Common intention - c Conviction by courts below - Held: Appellants were not on lookers -- Their intention is clearly ref…
Supreme Court of India1 Jul 2013Full text
2013 INSC 382 · [2013] 7 S.C.R. 165
165 H 166 SUPREME COURT REPORTS [2013) 7 S.C.R. A In the instant appeal, the question for consideration before the Court was: whether the court, where a cheque is deposited for collection, would have territorial jurisdiction to try the accused for an offence punishable u/s 138 of the N.I. Act or would it be only the co…
Supreme Court of India1 Jul 2013Full text
2013 INSC 381 · [2013] 8 S.C.R. 15
NEERUPAM MOHAN MATHUR v. NEW INDIAASSURANCE 17 CO. pain and suffering. Therefore, with a view to do complete A justice to the claimant, the amount of compensation is re-determined to Rs.11,64,300/-. [Paras 15, 17 and 18] [25-B-C, E-G; 26-A; 27-B] Case Law Reference: B 2010 (13) SCR 179 relied on Para 12 CIVIL APPELLATE…
Supreme Court of India1 Jul 2013Full text
2013 INSC 380 · [2013] 7 S.C.R. 132
ss. 4201409, 411and477-A -Accused originally charged with offences ulss 120-B, 4201409, 411 and 477-A - His G conviction u/s 409 converted to that uls 420 /PC - His conviction u/s 411 upheld - However, in view of acquittal of two other accused, his conviction uls 477-A set aside --Special Court (Trial of Offences Relat…
Also on Law on Tips: Bare Acts · Legal news and analysis