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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.
5,461–5,480 · Page 274 of 382
Supreme Court of India28 May 2013Full text
2013 INSC 362 · [2014] 6 S.C.R. 514
F The respondent raised preliminary objections that the petitioner did not follow the dispute resolution mechanism as provided in the agreement; that the respondent had invited the petitioner for amicable resolution of the dispute; that the contract stoods vitated G and is void ab initio since the petitioner had engage…
Supreme Court of India28 May 2013Full text
2013 INSC 361 · [2013] 8 S.C.R. 988
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.
5,461–5,480 · Page 274 of 382
Supreme Court of India28 May 2013Full text
2013 INSC 362 · [2014] 6 S.C.R. 514
F The respondent raised preliminary objections that the petitioner did not follow the dispute resolution mechanism as provided in the agreement; that the respondent had invited the petitioner for amicable resolution of the dispute; that the contract stoods vitated G and is void ab initio since the petitioner had engage…
Supreme Court of India28 May 2013Full text
2013 INSC 361 · [2013] 8 S.C.R. 988
G Appellant-an IPS officer, when posted on deputation with Border Security Force (BSF), disciplinary proceedings were initiated a!Jainst him. Eight charges were framed against him. Inquiry Officer, in its report 988H S.R. TEWARI v. UNION OF INDIA AND ANR. 989 stated that charge No. 3 was fully proved, charge Nos. 4 A a…
Supreme Court of India28 May 2013Full text
2013 INSC 360 · [2013] 3 S.C.R. 850
s.19(1) - Public servant - Sanction for prosecution -G Principles culled out. Appeal - Power of appellate court - Explained. On a complaint of a transporter, who had given his H 850 STATE OF MAHARASHTRA THROUGH C.B.I. v. 851 MAHESH G. JAIN vehicles to State Bank of India on contract basis and was A asked by the accused…
Supreme Court of India14 Jan 2013Full text
2013 INSC 36 · [2013] 1 S.C.R. 932
[2013] 1 S.C.R. 932 A COMMISSIONER OF CENTRAL EXCISE, CHENNAl-11 COMMISSIONERATE, CHENNAI v. M/S. AUSTRALIAN FOODS INDIA (P) LTD., CHENNAI (Civil Appeal No. 2826 of 2006) B JANUARY 14, 2013 [D.K. JAIN AND JAGDISH SINGH KHEHAR .. JJ.] Excise - Cookies sold by assessee at its outlet - Use of C brand name "cookie man" on …
Supreme Court of India28 May 2013Full text
2013 INSC 359 · [2013] 3 S.C.R. 830
Criminal Trial - Adverse inference against the accused - When drawn - Held: Adverse inference can be drawn against the accused only and only if the incriminating material stands fully established, and the accused is not able to furnish H 832 SUPREME COURT REPORTS [2013) 3 S.C.R. A any explanation for the same - However…
Supreme Court of India28 May 2013Full text
2013 INSC 358 · [2013] 3 S.C.R. 815
Dismissing the appeal, the Court HELD: 1.1. As regards the delay in lodging of the FIR, F it is evident that the occurrence took place on 10.2.1997; the FIR was lodged by PW-1 stating that dead body of a woman was lying in the forest and on its basis, a report uls 174 CrPC was registered and the body was sent for post-…
Supreme Court of India28 May 2013Full text
2013 INSC 357 · [2013] 6 S.C.R. 511
[2013] 6 S.C.R. 511 RAVIRALA LAXMAIAH A v. STATE OF A.P. (Criminal Appeal No. 2038 of 2011) MAY 28, 2013 B [DR. B.S. CHAUHAN AND DIPAK MISRA, JJ.] Penal Code, 1860 - ss.302 & 404 - Homicidal death by ·strangulation - Conviction of appellant for killing his wife -Propriety - Held: Appellant had been doubting the charact…
Supreme Court of India28 May 2013Full text
2013 INSC 356 · [2013] 6 S.C.R. 252
2. The High Court acquitted the respondent solely on the ground that PW-9 was posted as the Station House Officer and not PW-2,who conducted the search, seizure and arrest. It is the accepted position that PW-2 was given temporary charge of the Station House Officer C at the relevant time. He received information from …
Supreme Court of India28 May 2013Full text
2013 INSC 355 · [2013] 5 S.C.R. 1166
[2013] 5 S.C.R. 1166 A KARAN SINGH v. STATE OF HARYANA AND ANR. (Criminal Appeal No. 1474 of 2010) MAY 28, 2013 B [DR. B.S. CHAUHAN AND DIPAK MISRA, .JJ.] Penal Code, 1860 - s.302 - Murder - Conviction by courts below - Held: Consistent versions by the material C witnesses regarding motive for murder - Prosecution case…
Supreme Court of India24 May 2013Full text
2013 INSC 354 · [2013] 3 S.C.R. 801
(2013] 3 S.C.R. 801 RUMI BORA DUTIA A V. STATE OF ASSAM (Criminal Appeal No. 737 of 2006 etc.) MAY 24, 2013 B [DR. B.S. CHAUHAN AND DIPAK MISRA, JJ.] Penal Code, 1860: s.302134 - Murder - Circumstantial evidence - c Conviction and life sentence awarded by courts below - Held: The circumstances clearly establish that th…
Supreme Court of India22 May 2013Full text
2013 INSC 353 · [2013] 5 S.C.R. 1154
[2013) 5 S.C.R. 1154 A JOSE S/O EDASSERY THOMAS V. STATE OF KERALA (Criminal Appeal No. 234 of 2010) MAY 22, 2013 B [DR. B.S. CHAUHAN AND DIPAK MISRA, JJ.] Penal Code, 1860 - s.302 - Murder of wife - By setting her on fire, while she was sleeping - Circumstantial evidence C - Conviction by courts below - Held: The cumu…
Supreme Court of India21 May 2013Full text
2013 INSC 352 · [2013] 8 S.C.R. 968
Evidence Act, 1872: s. 32 - Dying declaration - Evidentiary value - Held: Evidence of dying declaration must be approached with E caution - Court not to look for corroboration of dying declaration, unless it suffers from any infirmity. s.32 - Dy_ing declaration - Recording of- Procedure for - Held: Law dae.s not provid…
Supreme Court of India21 May 2013Full text
2013 INSC 351 · [2013] 3 S.C.R. 791
[2013] 3 S.C.R. 791 RAM SWAROOP A v. STATE (G0VT. NCT) OF DELHI (Criminal Appeal No. 1327 of 2010) MAY 21, 2013 B [DR. B.S. CHAUHAN AND DIPAK MISRA, JJ.) Narcotic Drugs and Psychotropic Substances Act, 1985 - Search and seizure - Reliance placed only on the testimony of official witnesses I police officials - Non-exami…
Supreme Court of India20 May 2013Full text
2013 INSC 350 · [2013] 3 S.C.R. 781
782 SUPREME COURT REPORTS [2013) 3 S.C.R. A The question for consideration before the Court was: "whether the period of custody prior to the date of passing and signing of the order by the district court-martial is to be set off in respect of the sentence imposed." B Disposing of the writ petition, the Court HELD: 1. O…
Supreme Court of India14 Jan 2013Full text
2013 INSC 35 · [2013] 1 S.C.R. 267
[2013] 1 S.C.R. 267 M/S BANGALORE CLUB A v. COMMISSIONER OF INCOME TAX & ANR. (Civil Appeal No. 124 of 2007) JANUARY 14, 2013 B [D.K. JAIN AND JAGDISH SINGH KHEHAR, JJ.] INCOME TAX ACT, 1961: s. 2 (24) (vii) - Interest earned by assessee-Club on c surplus funds invested in fixed deposits with corporate member-Banks - E…
Supreme Court of India20 May 2013Full text
2013 INSC 349 · [2013] 6 S.C.R. 544
The question which arose for consideration in the present appeal was whether the appellant had -an D intention to deceive the prosecutrix from the very beginning and the consent of the prosecutrix had been obtained on the false promise of marriage. Allowing the appeal, the Court E HELD: 1.1. Section 114-A of the Indian…
Supreme Court of India16 May 2013Full text
2013 INSC 348 · [2013] 3 S.C.R. 770
G Neeraj Kumar Jain, Sanjay Singh, Rajeev Singh for the Appellant. Vikas Sharma, Manjit Singh, Kamal Mohan Gupta for the Respondent. H KASHMIR! LAL v. STATE OF HARYANA 773 The Judgment of the Court was delivered by A DIPAK MISRA, J. 1. This Appeal by Special Leave is directed against the judgment of conviction and orde…
Supreme Court of India16 May 2013Full text
2013 INSC 347 · [2013] 3 S.C.R. 738
s.31 (1) second proviso - Expression 'previousG consultation with the Reserve Bank' - Connotation of - Held: Previous consultation is a condition precedent before forming an opinion by Joint Registrar to supersede the Board of Directors or not - Mere serving a copy of show cause notice 738H STATE OF M.P. v. SANJAY NAGA…
Supreme Court of India16 May 2013Full text
2013 INSC 346 · [2013] 6 S.C.R. 496
496H MOTi LAL SONGARA v. PREM PRAKASH @ PAPPU 497 AND ANR. The appellant lodged FIR, on the basis of which A charge sheet was placed against one 'S'. Subsequently, the appellant filed application before the Magistrate, asseverating that respondent no.1, who had attacked his son with knife had not been made an accused. …
Supreme Court of India15 May 2013Full text
2013 INSC 345 · [2013] 8 S.C.R. 951
[2013] 8 S.C.R. 951 SHYAM NARAIN A v. THE STATE OF NCT OF DELHI (Criminal Appeal No. 1860 of 2010) MAY 15, 2013 B [DR. 8. S. CHAUHAN AND DIPAK MISRA, JJ.] Penal Code, 1860 - s. 376(2)(f) - Rape of a girl aged 8 years - Conviction and sentence of life imprisonment by courts below - Held: Evidence of prosecutrix and that…
Also on Law on Tips: Bare Acts · Legal news and analysis
G Appellant-an IPS officer, when posted on deputation with Border Security Force (BSF), disciplinary proceedings were initiated a!Jainst him. Eight charges were framed against him. Inquiry Officer, in its report 988H S.R. TEWARI v. UNION OF INDIA AND ANR. 989 stated that charge No. 3 was fully proved, charge Nos. 4 A a…
Supreme Court of India28 May 2013Full text
2013 INSC 360 · [2013] 3 S.C.R. 850
s.19(1) - Public servant - Sanction for prosecution -G Principles culled out. Appeal - Power of appellate court - Explained. On a complaint of a transporter, who had given his H 850 STATE OF MAHARASHTRA THROUGH C.B.I. v. 851 MAHESH G. JAIN vehicles to State Bank of India on contract basis and was A asked by the accused…
Supreme Court of India14 Jan 2013Full text
2013 INSC 36 · [2013] 1 S.C.R. 932
[2013] 1 S.C.R. 932 A COMMISSIONER OF CENTRAL EXCISE, CHENNAl-11 COMMISSIONERATE, CHENNAI v. M/S. AUSTRALIAN FOODS INDIA (P) LTD., CHENNAI (Civil Appeal No. 2826 of 2006) B JANUARY 14, 2013 [D.K. JAIN AND JAGDISH SINGH KHEHAR .. JJ.] Excise - Cookies sold by assessee at its outlet - Use of C brand name "cookie man" on …
Supreme Court of India28 May 2013Full text
2013 INSC 359 · [2013] 3 S.C.R. 830
Criminal Trial - Adverse inference against the accused - When drawn - Held: Adverse inference can be drawn against the accused only and only if the incriminating material stands fully established, and the accused is not able to furnish H 832 SUPREME COURT REPORTS [2013) 3 S.C.R. A any explanation for the same - However…
Supreme Court of India28 May 2013Full text
2013 INSC 358 · [2013] 3 S.C.R. 815
Dismissing the appeal, the Court HELD: 1.1. As regards the delay in lodging of the FIR, F it is evident that the occurrence took place on 10.2.1997; the FIR was lodged by PW-1 stating that dead body of a woman was lying in the forest and on its basis, a report uls 174 CrPC was registered and the body was sent for post-…
Supreme Court of India28 May 2013Full text
2013 INSC 357 · [2013] 6 S.C.R. 511
[2013] 6 S.C.R. 511 RAVIRALA LAXMAIAH A v. STATE OF A.P. (Criminal Appeal No. 2038 of 2011) MAY 28, 2013 B [DR. B.S. CHAUHAN AND DIPAK MISRA, JJ.] Penal Code, 1860 - ss.302 & 404 - Homicidal death by ·strangulation - Conviction of appellant for killing his wife -Propriety - Held: Appellant had been doubting the charact…
Supreme Court of India28 May 2013Full text
2013 INSC 356 · [2013] 6 S.C.R. 252
2. The High Court acquitted the respondent solely on the ground that PW-9 was posted as the Station House Officer and not PW-2,who conducted the search, seizure and arrest. It is the accepted position that PW-2 was given temporary charge of the Station House Officer C at the relevant time. He received information from …
Supreme Court of India28 May 2013Full text
2013 INSC 355 · [2013] 5 S.C.R. 1166
[2013] 5 S.C.R. 1166 A KARAN SINGH v. STATE OF HARYANA AND ANR. (Criminal Appeal No. 1474 of 2010) MAY 28, 2013 B [DR. B.S. CHAUHAN AND DIPAK MISRA, .JJ.] Penal Code, 1860 - s.302 - Murder - Conviction by courts below - Held: Consistent versions by the material C witnesses regarding motive for murder - Prosecution case…
Supreme Court of India24 May 2013Full text
2013 INSC 354 · [2013] 3 S.C.R. 801
(2013] 3 S.C.R. 801 RUMI BORA DUTIA A V. STATE OF ASSAM (Criminal Appeal No. 737 of 2006 etc.) MAY 24, 2013 B [DR. B.S. CHAUHAN AND DIPAK MISRA, JJ.] Penal Code, 1860: s.302134 - Murder - Circumstantial evidence - c Conviction and life sentence awarded by courts below - Held: The circumstances clearly establish that th…
Supreme Court of India22 May 2013Full text
2013 INSC 353 · [2013] 5 S.C.R. 1154
[2013) 5 S.C.R. 1154 A JOSE S/O EDASSERY THOMAS V. STATE OF KERALA (Criminal Appeal No. 234 of 2010) MAY 22, 2013 B [DR. B.S. CHAUHAN AND DIPAK MISRA, JJ.] Penal Code, 1860 - s.302 - Murder of wife - By setting her on fire, while she was sleeping - Circumstantial evidence C - Conviction by courts below - Held: The cumu…
Supreme Court of India21 May 2013Full text
2013 INSC 352 · [2013] 8 S.C.R. 968
Evidence Act, 1872: s. 32 - Dying declaration - Evidentiary value - Held: Evidence of dying declaration must be approached with E caution - Court not to look for corroboration of dying declaration, unless it suffers from any infirmity. s.32 - Dy_ing declaration - Recording of- Procedure for - Held: Law dae.s not provid…
Supreme Court of India21 May 2013Full text
2013 INSC 351 · [2013] 3 S.C.R. 791
[2013] 3 S.C.R. 791 RAM SWAROOP A v. STATE (G0VT. NCT) OF DELHI (Criminal Appeal No. 1327 of 2010) MAY 21, 2013 B [DR. B.S. CHAUHAN AND DIPAK MISRA, JJ.) Narcotic Drugs and Psychotropic Substances Act, 1985 - Search and seizure - Reliance placed only on the testimony of official witnesses I police officials - Non-exami…
Supreme Court of India20 May 2013Full text
2013 INSC 350 · [2013] 3 S.C.R. 781
782 SUPREME COURT REPORTS [2013) 3 S.C.R. A The question for consideration before the Court was: "whether the period of custody prior to the date of passing and signing of the order by the district court-martial is to be set off in respect of the sentence imposed." B Disposing of the writ petition, the Court HELD: 1. O…
Supreme Court of India14 Jan 2013Full text
2013 INSC 35 · [2013] 1 S.C.R. 267
[2013] 1 S.C.R. 267 M/S BANGALORE CLUB A v. COMMISSIONER OF INCOME TAX & ANR. (Civil Appeal No. 124 of 2007) JANUARY 14, 2013 B [D.K. JAIN AND JAGDISH SINGH KHEHAR, JJ.] INCOME TAX ACT, 1961: s. 2 (24) (vii) - Interest earned by assessee-Club on c surplus funds invested in fixed deposits with corporate member-Banks - E…
Supreme Court of India20 May 2013Full text
2013 INSC 349 · [2013] 6 S.C.R. 544
The question which arose for consideration in the present appeal was whether the appellant had -an D intention to deceive the prosecutrix from the very beginning and the consent of the prosecutrix had been obtained on the false promise of marriage. Allowing the appeal, the Court E HELD: 1.1. Section 114-A of the Indian…
Supreme Court of India16 May 2013Full text
2013 INSC 348 · [2013] 3 S.C.R. 770
G Neeraj Kumar Jain, Sanjay Singh, Rajeev Singh for the Appellant. Vikas Sharma, Manjit Singh, Kamal Mohan Gupta for the Respondent. H KASHMIR! LAL v. STATE OF HARYANA 773 The Judgment of the Court was delivered by A DIPAK MISRA, J. 1. This Appeal by Special Leave is directed against the judgment of conviction and orde…
Supreme Court of India16 May 2013Full text
2013 INSC 347 · [2013] 3 S.C.R. 738
s.31 (1) second proviso - Expression 'previousG consultation with the Reserve Bank' - Connotation of - Held: Previous consultation is a condition precedent before forming an opinion by Joint Registrar to supersede the Board of Directors or not - Mere serving a copy of show cause notice 738H STATE OF M.P. v. SANJAY NAGA…
Supreme Court of India16 May 2013Full text
2013 INSC 346 · [2013] 6 S.C.R. 496
496H MOTi LAL SONGARA v. PREM PRAKASH @ PAPPU 497 AND ANR. The appellant lodged FIR, on the basis of which A charge sheet was placed against one 'S'. Subsequently, the appellant filed application before the Magistrate, asseverating that respondent no.1, who had attacked his son with knife had not been made an accused. …
Supreme Court of India15 May 2013Full text
2013 INSC 345 · [2013] 8 S.C.R. 951
[2013] 8 S.C.R. 951 SHYAM NARAIN A v. THE STATE OF NCT OF DELHI (Criminal Appeal No. 1860 of 2010) MAY 15, 2013 B [DR. 8. S. CHAUHAN AND DIPAK MISRA, JJ.] Penal Code, 1860 - s. 376(2)(f) - Rape of a girl aged 8 years - Conviction and sentence of life imprisonment by courts below - Held: Evidence of prosecutrix and that…
Also on Law on Tips: Bare Acts · Legal news and analysis