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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.
5,501–5,520 · Page 276 of 382
Supreme Court of India8 May 2013Full text
2013 INSC 326 · [2013] 5 S.C.R. 539
540 SUPREME COURT REPORTS [2013] 5 S.C.R. A been allowed, the process would have taken much time - In fact, disallowing the said application, has caused delay - No prejudice would have been caused to the prosecution, if the defence had been permitted to examine said three witnesses - Application u/s.311 Cr.P. C. filed …
Supreme Court of India8 May 2013Full text
2013 INSC 325 · [2013] 5 S.C.R. 529
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.
5,501–5,520 · Page 276 of 382
Supreme Court of India8 May 2013Full text
2013 INSC 326 · [2013] 5 S.C.R. 539
540 SUPREME COURT REPORTS [2013] 5 S.C.R. A been allowed, the process would have taken much time - In fact, disallowing the said application, has caused delay - No prejudice would have been caused to the prosecution, if the defence had been permitted to examine said three witnesses - Application u/s.311 Cr.P. C. filed …
Supreme Court of India8 May 2013Full text
2013 INSC 325 · [2013] 5 S.C.R. 529
2. It cannot be said that a conviction for dacoity with G murder can be maintained only when five or more persons are convicted. PW1's father-in-law was killed in the assault by the five accused. The evidence against the other four was not sufficient to convict them. There is no doubt, the murder was committed during t…
Supreme Court of India8 May 2013Full text
2013 INSC 324 · [2013] 3 S.C.R. 347
Supreme Court Rules, 1966 - Interim applications - Suit for specific performance - Decreed by supreme Court in its Ffinal order, setting aside the judgment of High Court -Defendants directed to execute the sale deed in favour of the plaintiffs at the market price as on date of the judgment -Interim applications and rev…
Supreme Court of India8 May 2013Full text
2013 INSC 323 · [2013] 5 S.C.R. 1120
Vikas Mahajan, Vinod Sharma, Dharam Bir Raj Vohra for the Appellant. F Bansuri Swaraj, Siddhesh Kotwal, kuldip Singh for the Respondent. fbe Judgment of the Court was delivered by G FAKKIR MOHAMED IBRAHIM KALIFULLA, J. 1. This appeal is directed against the judgment of the Division Bench of Punjab & Haryana High Court-…
Supreme Court of India7 May 2013Full text
2013 INSC 322 · [2013] 3 S.C.R. 478
[2013] 3 S.C.R. 478 A KHAIRUDDIN & ORS. v STATE OF WEST BENGAL (Criminal Appeal No. 2036 of 2009) MAY 7, 2013 B [T.S. THAKUR AND GYAN SUDHA MISRA, JJ.] PENAL CODE, 1860 c ss. 3021149, 148 and 3231149- Death of two persons and injuries to others as a result of attack by accused persons -Held: Conviction of four of the a…
Supreme Court of India7 May 2013Full text
2013 INSC 321 · [2013] 13 S.C.R. 291
In 1989 statutory Rules were framed which were made applicable to 'Multipurpose Health Workers Scheme'. By the Rules Class I and Class II posts were \-notified as 'Multipurpose Health Assistant' and C 'Multipurpose Health Supervisors'. The Rules prescribed the essential qualifications for 'Multipurpose Health Assistant…
Supreme Court of India7 May 2013Full text
2013 INSC 320 · [2013] 3 S.C.R. 254
E The instant appeal arose out of the decision of the High Court upholding the validity of the letter dated 28.6.2006 issued by the Deputy Inspector General of Prisons, Haryana giving effect to provisions of s.32-A of the Narcotic Drugs and Psychotropic Substances Act, F 1985. The High Court held that the appellants we…
Supreme Court of India14 Jan 2013Full text
2013 INSC 32 · [2013] 1 S.C.R. 295
[2013] 1 S.C.R. 295 THE ASSISTANT COMMISSIONER OF INCOME TAX, A CHENNAI v. M/S A.R. ENTERPRISES (Civil Appeal No. 2688 of 2006) B JANUARY 14, 2013 [D.K. JAIN, H.L. DATTU AND JAGDISH SINGH KHEHAR, JJ.] INCOME TAX ACT, 1961 c Chapter XIV-B - Scope of - Explained - ss. 158 BB, 158 BC and 158 BO read with ss. 132 and 139 -…
Supreme Court of India7 May 2013Full text
2013 INSC 319 · [2013] 5 S.C.R. 1104
Appeal - Criminal appeal - Against acquittal - Scope of - Held: Powers of the appellate court in appeal against E acquittal are extensive and plenary to review and reconsider the evidence and interfere with acquittal -But such interference should be on the basis of absolute assurance of the guilt, and not on the basis …
Supreme Court of India7 May 2013Full text
2013 INSC 318 · [2013] 6 S.C.R. 420
[2013] 6 S.C.R. 420 A SUNDARGARH ZILLA ADIVASI ADVOCATES ASSOCIATION AND OTHERS v. STATE GOVERNMENT OF ODISHA AND ORS. (Writ Petition (Civil) No. 215 of 2012) B MAY 7, 2013 [R.M. LODHA, J. CHELAMESWAR AND MADAN 8. LOKUR, JJ.] c Constitution of India, 1950 - Part IX-A, Articles 243-ZC and 243-ZF, 244 and Schedule V item…
Supreme Court of India7 May 2013Full text
2013 INSC 317 · [2013] 3 S.C.R. 269
269 H 270 SUPREME COURT REPORTS [2013] 3 S.C.R. A s. 19(19) of 1993 Act read with ss. 529-A and 529(1)(c), proviso of Companies Act - Company in liquidation - Debt of bank/financial institution and claim of workmen - Held: Once the company is in winding up, the only competent authority to determine workmen's dues and q…
Supreme Court of India6 May 2013Full text
2013 INSC 316 · [2013] 8 S.C.R. 816
D Appeal against the order of Division Bench was allowed by Supreme Court by order dated 13.2.2009. The Court rejected the plea of the respondents as regards jurisdiction of Tehsildar based on s. 43 of Transfer of Property Act, by virtue of the mortgages of the years 1955 E and 1967 and also rejected the plea based on …
Supreme Court of India6 May 2013Full text
2013 INSC 315 · [2013] 3 S.C.R. 659
- However, on facts, the impugned orders passed by the Competition Commission and the Competition Appellate Tribunal are bereft of any reasons in support of their conclusions and, therefore cannot be sustained - Merits of E the issues involved, thus, not gone into by the Supreme Court -Matters remanded back to the Comp…
Supreme Court of India6 May 2013Full text
2013 INSC 314 · [2013] 8 S.C.R. 631
[2013] 8 S.C.R. 631 G. SUNDARRAJAN A V. UNION OF INDIA AND ORS. (Civil Appeal No. 4440 of 2013) MAY 6, 2013 8 [K.S. RADHAKRISHNAN AND DIPAK MISRA, JJ.] Atomic Energy Act, 1962 - Nuclear Power Plant -Safeguarding of plants, radioactive materials and ensuring its physical security- Requirement of protecting life and prop…
Supreme Court of India6 May 2013Full text
2013 INSC 313 · [2013] 8 S.C.R. 599
F Quality and credibility of evidence - In criminal case -Suspicion and conjectures vis-a-vis proof - Held: Mere suspcision or conjectures cannot take the place of legal proof. Code of Criminal Procedure, 1973 - s.313 - Statement under - Evidentiary value of - The purpose of the provision G is to meet the requirement o…
Supreme Court of India6 May 2013Full text
2013 INSC 312 · [2013] 3 S.C.R. 245
Art. 226 - Writ petition seeking direction to Land Acquisition Collector to act in terms of letter issued by F Secretary to Government - Held: Is wholly misconceived -If a subordinate authority in Government does not act in terms of direction or instruction issued by superior authority, it is not for court to order com…
Supreme Court of India6 May 2013Full text
2013 INSC 311 · [2013] 5 S.C.R. 1093
[2013] 5 S.C.R. 1093 SMT. V. SUDHA A V. P. GANAPATHI BHAT & ANR. (Civil Appeal No. 4340 of 2013) MAY 6, 2013 B [G.S. SINGHVI AND H.L. GOKHALE, JJ.] Motor Vehicles Act, 1988 - ss.168 & 173 - Just Compensation - Grant of- Towards future medical expenses - Appellant, aged about 36 years, hit by motorcycle driven C by resp…
Supreme Court of India6 May 2013Full text
2013 INSC 310 · [2013] 5 S.C.R. 1089
F CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4547-4548 of 2013. From the Judgment & Order dated 04.01.2011 of the High Court of Patna in FA No. 5 and 8 of 2008. G phruv Mehta, A.K. Das, Bankey Bihari, Sameer for the Appe'llants. Neeraj Shekhar for the Respondents. 1089 H 1090 SUPREME COURT REPORTS [2013] 5 S.C.R. …
Supreme Court of India11 Jan 2013Full text
2013 INSC 31 · [2013] 3 S.C.R. 987
B The Chief Justice of the Karnataka High Court addressed a letter dated 04.02.2012 to the Chief Minister stating that he was not consulted in the matter of appointment of Justice Chandrashekaraiah as Upa Lokayukta and that the appointment was not in C conformity with the constitutional provisions and requested for rec…
Supreme Court of India3 May 2013Full text
2013 INSC 309 · [2013] 8 S.C.R. 863
863 H 864 SUPREME COURT REPORTS [2013] 8 S.C.R. A Interpretation of Statutes - Directory or mandatory nature of the provision of a statute - Ascertainment of- To be done from the intention of the legislature and not from the language of the provision - Mere use of words 'may' or 'shall' is not conclusive - To find out …
Also on Law on Tips: Bare Acts · Legal news and analysis
2. It cannot be said that a conviction for dacoity with G murder can be maintained only when five or more persons are convicted. PW1's father-in-law was killed in the assault by the five accused. The evidence against the other four was not sufficient to convict them. There is no doubt, the murder was committed during t…
Supreme Court of India8 May 2013Full text
2013 INSC 324 · [2013] 3 S.C.R. 347
Supreme Court Rules, 1966 - Interim applications - Suit for specific performance - Decreed by supreme Court in its Ffinal order, setting aside the judgment of High Court -Defendants directed to execute the sale deed in favour of the plaintiffs at the market price as on date of the judgment -Interim applications and rev…
Supreme Court of India8 May 2013Full text
2013 INSC 323 · [2013] 5 S.C.R. 1120
Vikas Mahajan, Vinod Sharma, Dharam Bir Raj Vohra for the Appellant. F Bansuri Swaraj, Siddhesh Kotwal, kuldip Singh for the Respondent. fbe Judgment of the Court was delivered by G FAKKIR MOHAMED IBRAHIM KALIFULLA, J. 1. This appeal is directed against the judgment of the Division Bench of Punjab & Haryana High Court-…
Supreme Court of India7 May 2013Full text
2013 INSC 322 · [2013] 3 S.C.R. 478
[2013] 3 S.C.R. 478 A KHAIRUDDIN & ORS. v STATE OF WEST BENGAL (Criminal Appeal No. 2036 of 2009) MAY 7, 2013 B [T.S. THAKUR AND GYAN SUDHA MISRA, JJ.] PENAL CODE, 1860 c ss. 3021149, 148 and 3231149- Death of two persons and injuries to others as a result of attack by accused persons -Held: Conviction of four of the a…
Supreme Court of India7 May 2013Full text
2013 INSC 321 · [2013] 13 S.C.R. 291
In 1989 statutory Rules were framed which were made applicable to 'Multipurpose Health Workers Scheme'. By the Rules Class I and Class II posts were \-notified as 'Multipurpose Health Assistant' and C 'Multipurpose Health Supervisors'. The Rules prescribed the essential qualifications for 'Multipurpose Health Assistant…
Supreme Court of India7 May 2013Full text
2013 INSC 320 · [2013] 3 S.C.R. 254
E The instant appeal arose out of the decision of the High Court upholding the validity of the letter dated 28.6.2006 issued by the Deputy Inspector General of Prisons, Haryana giving effect to provisions of s.32-A of the Narcotic Drugs and Psychotropic Substances Act, F 1985. The High Court held that the appellants we…
Supreme Court of India14 Jan 2013Full text
2013 INSC 32 · [2013] 1 S.C.R. 295
[2013] 1 S.C.R. 295 THE ASSISTANT COMMISSIONER OF INCOME TAX, A CHENNAI v. M/S A.R. ENTERPRISES (Civil Appeal No. 2688 of 2006) B JANUARY 14, 2013 [D.K. JAIN, H.L. DATTU AND JAGDISH SINGH KHEHAR, JJ.] INCOME TAX ACT, 1961 c Chapter XIV-B - Scope of - Explained - ss. 158 BB, 158 BC and 158 BO read with ss. 132 and 139 -…
Supreme Court of India7 May 2013Full text
2013 INSC 319 · [2013] 5 S.C.R. 1104
Appeal - Criminal appeal - Against acquittal - Scope of - Held: Powers of the appellate court in appeal against E acquittal are extensive and plenary to review and reconsider the evidence and interfere with acquittal -But such interference should be on the basis of absolute assurance of the guilt, and not on the basis …
Supreme Court of India7 May 2013Full text
2013 INSC 318 · [2013] 6 S.C.R. 420
[2013] 6 S.C.R. 420 A SUNDARGARH ZILLA ADIVASI ADVOCATES ASSOCIATION AND OTHERS v. STATE GOVERNMENT OF ODISHA AND ORS. (Writ Petition (Civil) No. 215 of 2012) B MAY 7, 2013 [R.M. LODHA, J. CHELAMESWAR AND MADAN 8. LOKUR, JJ.] c Constitution of India, 1950 - Part IX-A, Articles 243-ZC and 243-ZF, 244 and Schedule V item…
Supreme Court of India7 May 2013Full text
2013 INSC 317 · [2013] 3 S.C.R. 269
269 H 270 SUPREME COURT REPORTS [2013] 3 S.C.R. A s. 19(19) of 1993 Act read with ss. 529-A and 529(1)(c), proviso of Companies Act - Company in liquidation - Debt of bank/financial institution and claim of workmen - Held: Once the company is in winding up, the only competent authority to determine workmen's dues and q…
Supreme Court of India6 May 2013Full text
2013 INSC 316 · [2013] 8 S.C.R. 816
D Appeal against the order of Division Bench was allowed by Supreme Court by order dated 13.2.2009. The Court rejected the plea of the respondents as regards jurisdiction of Tehsildar based on s. 43 of Transfer of Property Act, by virtue of the mortgages of the years 1955 E and 1967 and also rejected the plea based on …
Supreme Court of India6 May 2013Full text
2013 INSC 315 · [2013] 3 S.C.R. 659
- However, on facts, the impugned orders passed by the Competition Commission and the Competition Appellate Tribunal are bereft of any reasons in support of their conclusions and, therefore cannot be sustained - Merits of E the issues involved, thus, not gone into by the Supreme Court -Matters remanded back to the Comp…
Supreme Court of India6 May 2013Full text
2013 INSC 314 · [2013] 8 S.C.R. 631
[2013] 8 S.C.R. 631 G. SUNDARRAJAN A V. UNION OF INDIA AND ORS. (Civil Appeal No. 4440 of 2013) MAY 6, 2013 8 [K.S. RADHAKRISHNAN AND DIPAK MISRA, JJ.] Atomic Energy Act, 1962 - Nuclear Power Plant -Safeguarding of plants, radioactive materials and ensuring its physical security- Requirement of protecting life and prop…
Supreme Court of India6 May 2013Full text
2013 INSC 313 · [2013] 8 S.C.R. 599
F Quality and credibility of evidence - In criminal case -Suspicion and conjectures vis-a-vis proof - Held: Mere suspcision or conjectures cannot take the place of legal proof. Code of Criminal Procedure, 1973 - s.313 - Statement under - Evidentiary value of - The purpose of the provision G is to meet the requirement o…
Supreme Court of India6 May 2013Full text
2013 INSC 312 · [2013] 3 S.C.R. 245
Art. 226 - Writ petition seeking direction to Land Acquisition Collector to act in terms of letter issued by F Secretary to Government - Held: Is wholly misconceived -If a subordinate authority in Government does not act in terms of direction or instruction issued by superior authority, it is not for court to order com…
Supreme Court of India6 May 2013Full text
2013 INSC 311 · [2013] 5 S.C.R. 1093
[2013] 5 S.C.R. 1093 SMT. V. SUDHA A V. P. GANAPATHI BHAT & ANR. (Civil Appeal No. 4340 of 2013) MAY 6, 2013 B [G.S. SINGHVI AND H.L. GOKHALE, JJ.] Motor Vehicles Act, 1988 - ss.168 & 173 - Just Compensation - Grant of- Towards future medical expenses - Appellant, aged about 36 years, hit by motorcycle driven C by resp…
Supreme Court of India6 May 2013Full text
2013 INSC 310 · [2013] 5 S.C.R. 1089
F CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4547-4548 of 2013. From the Judgment & Order dated 04.01.2011 of the High Court of Patna in FA No. 5 and 8 of 2008. G phruv Mehta, A.K. Das, Bankey Bihari, Sameer for the Appe'llants. Neeraj Shekhar for the Respondents. 1089 H 1090 SUPREME COURT REPORTS [2013] 5 S.C.R. …
Supreme Court of India11 Jan 2013Full text
2013 INSC 31 · [2013] 3 S.C.R. 987
B The Chief Justice of the Karnataka High Court addressed a letter dated 04.02.2012 to the Chief Minister stating that he was not consulted in the matter of appointment of Justice Chandrashekaraiah as Upa Lokayukta and that the appointment was not in C conformity with the constitutional provisions and requested for rec…
Supreme Court of India3 May 2013Full text
2013 INSC 309 · [2013] 8 S.C.R. 863
863 H 864 SUPREME COURT REPORTS [2013] 8 S.C.R. A Interpretation of Statutes - Directory or mandatory nature of the provision of a statute - Ascertainment of- To be done from the intention of the legislature and not from the language of the provision - Mere use of words 'may' or 'shall' is not conclusive - To find out …
Also on Law on Tips: Bare Acts · Legal news and analysis