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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.
541–560 · Page 28 of 382
Supreme Court of India17 Jan 2019Full text
2019 INSC 57 · [2019] 1 S.C.R. 920
– It is trite that every litigant has to approach the Court with clean hands – A litigant who indulges in suppression of facts and misrepresentation is not entitled for any relief – Thus, Dean of the B College liable for prosecution u/s.193 of IPC and the College liable to be punished for committing perjury – Establish…
Supreme Court of India24 Apr 2019Full text
2019 INSC 569 · [2019] 6 S.C.R. 819
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.
541–560 · Page 28 of 382
Supreme Court of India17 Jan 2019Full text
2019 INSC 57 · [2019] 1 S.C.R. 920
– It is trite that every litigant has to approach the Court with clean hands – A litigant who indulges in suppression of facts and misrepresentation is not entitled for any relief – Thus, Dean of the B College liable for prosecution u/s.193 of IPC and the College liable to be punished for committing perjury – Establish…
Supreme Court of India24 Apr 2019Full text
2019 INSC 569 · [2019] 6 S.C.R. 819
franchisee rights in respect of the running business of a automobile company ‘T’– Respondents alleged that the appellant company concluded the agreement for sale of the suit schedule property and the running business for a total consideration of Rs.55.50 crores – It is further alleged that respondents had paid an amoun…
Supreme Court of India24 Apr 2019Full text
2019 INSC 568 · [2019] 6 S.C.R. 701
under ss.489B and 489C IPC – Prosecution case was that accused no.1 to 3 were selling fake foreign currency note as original at public place – When they were caught, they stated that they collected notes from the residence of accused no.4-appellant – Appellant contended before Sessions judge that apart from the stateme…
Supreme Court of India24 Apr 2019Full text
2019 INSC 567 · [2019] 6 S.C.R. 762
Consumer Commission set aside the award of compensation in terms of accident benefit because the death was not due to a bodily injury resulting from an accident caused by outward, violent and visible means as stipulated in the insurance policies – On appeal, held: In order to sustain a claim under the accident benefit …
Supreme Court of India24 Apr 2019Full text
2019 INSC 566 · [2019] 6 S.C.R. 803
obtaining permission from competent authority – This fact was verified by the Gram Panchayath as well as by the report of Advocate Commissioner – High Court rejected the case of the appellant holding that award was not in the nature of permanent prohibition for putting up any new construction – On appeal, held: The fin…
Supreme Court of India24 Apr 2019Full text
2019 INSC 565 · [2019] 6 S.C.R. 733
[2019] 6 S.C.R. 733 733 RELIANCE LIFE INSURANCE CO LTD & ANR. A v. REKHABEN NARESHBHAI RATHOD (Civil Appeal No. 4261 of 2019) APRIL 24, 2019 B [DR DHANANJAYA Y CHANDRACHUD AND HEMANT GUPTA, JJ.] Consumer Protection Act, 1986: Deficiency of service – Insurance policy – Repudiation of claim – Spouse of the respondent C t…
Supreme Court of India24 Apr 2019Full text
2019 INSC 564 · [2019] 6 S.C.R. 783
– Show cause notice issued by the appellant – Writ petition by respondents challenging the said show cause notice – Single Judge of the High Court held that the notice issued by the appellant was valid – However, Division Bench of High Court set aside the demand notice and show cause notice issued by the appellant – Re…
Supreme Court of India23 Apr 2019Full text
2019 INSC 562 · [2019] 7 S.C.R. 962
From the Judgment and Order dated 09.01.2013 of the High Court of Karnataka at Bangalore in Writ Petition Nos. 13334 of 2012 and 14461-612 of 2012 (S-KAT). H 962 STATE OF KARNATAKA v. KRISHNA KUMAR 963 Basava Prabhu S. Patil, Sr. Adv., V. N. Raghupathy, Ms. Rachitha A Hiremath, Parikshit P. Angadi, Chinmay Deshpande, M…
Supreme Court of India23 Apr 2019Full text
2019 INSC 561 · [2019] 6 S.C.R. 683
Compensation – Ex-gratia amount received by the claimants from employer of the deceased – If to be deducted from the B compensation received by claimants – Plea of insurer relying on Shashi Sharma case that the said ex-gratia amount so received by the claimants be deducted from the compensation granted by the High Cour…
Supreme Court of India23 Apr 2019Full text
2019 INSC 559 · [2019] 6 S.C.R. 641
– Held: Reference to be answered by the Tribunal was that, whether F the action of the management of second respondent in closing down their establishment on 15.12.2009 and retrenching the services of 106 workmen was justified and legal – Whenever, the appropriate Government refers the points of dispute for adjudicatio…
Supreme Court of India23 Apr 2019Full text
2019 INSC 558 · [2019] 6 S.C.R. 275
– Survey/inspection report to the effect that the respondent raised unauthorised constructions in the area not furnished to the respondents at any point of time though such report was relied on for rejecting the appeals preferred by the respondents – Having regard to reasons recorded in the impugned order passed by the…
Supreme Court of India23 Apr 2019Full text
2019 INSC 557 · [2019] 6 S.C.R. 249
of Gujarat at Ahmedabad in Criminal Appeal No. 234 of 1990. Ravi Prakash Mehrotra, Ankit Agarwal, Ms. Deepti R. Mehrotra, Advs. for the Appellants. Ms. Jesal Wahi (for Ms. Hemantika Wahi), Adv. for the H Respondent. NAGJI ODHAVJI KUMBHAR & ANR. v. STATE OF GUJARAT 251 The Judgment of the Court was delivered by A HEMANT…
Supreme Court of India23 Apr 2019Full text
2019 INSC 556 · [2019] 6 S.C.R. 289
3. In view of the aforesaid, it was found that the High Court did not advert to all the facts of the case as also to the law applicable, therefore, the matter remanded to the High Court to H MONTHI MENEZES (D) BY LR. v. DEVAKI AMMA (D) BY LR. 291 decide the writ petition afresh on merits and in accordance with A law. […
Supreme Court of India23 Apr 2019Full text
2019 INSC 555 · [2019] 6 S.C.R. 257
Whether the document is a ‘mortgage by conditional sale’ or ‘sale with a condition to repurchase’ is to be ascertained from the intention G of the parties – It is trite law that the intention of the parties should be gathered from the recitals of the document itself – In the instant case, by perusal of Ex.P-73 it was c…
Supreme Court of India22 Apr 2019Full text
2019 INSC 554 · [2019] 6 S.C.R. 215
44(1)(e) is to ensure that the highest level of probity is maintained by the Councillor and nearest members of the Councillor’s family. It does not require the Councillor knowing the fact of the construction being made by her spouse or dependent. [Paras 8 and 9][220-B-G] C 1.2 The second limb of Section 44(1)(e) provid…
Supreme Court of India22 Apr 2019Full text
2019 INSC 553 · [2019] 6 S.C.R. 240
240 SUPREME COURT[2019]REPORTS6 S.C.R. 240 [2019] 6 S.C.R. A NARESH CHANDRA BHARDWAJ v. BANK OF INDIA & ORS. (Civil Appeal No. 4037 of 2019) B APRIL 22, 2019 [SANJAY KISHAN KAUL AND INDIRA BANERJEE, JJ.] Service Law: Removal from service – Appellant-bank officer sanctioned three loans while posted in one branch and rec…
Supreme Court of India22 Apr 2019Full text
2019 INSC 552 · [2019] 6 S.C.R. 225
the imports were under the brand names ‘Diyas’ and ‘mAntra’, they were not trademarks of such nature as would make them an exclusive product and there was some mix up in understanding of a trademark protection, as the same was compared with ‘patented goods’ – Further, data was available, which could have been utilised …
Supreme Court of India17 Jan 2019Full text
2019 INSC 55 · [2019] 1 S.C.R. 533
H STATE OF HIMACHAL PRADESH v. PARKASH CHAND 535 Vikas Mahajan, AAG, P.S. Patwalia, Sr. Adv., Aakash Verma, A Anil Kumar, Abhinav Mukerji, Ms. Bihu Sharma, Ms. Purnima Krishna, Ms. Pratishtha Vij, Ajay Marwah, Atul Kumar, Ishan Dewan, Plak Bagchi, Abhimanyu Sharma, Ishan Dewan, S. K. Verma, Suryanarayana Singh, Ms. Pra…
Supreme Court of India22 Apr 2019Full text
2019 INSC 549 · [2019] 6 S.C.R. 203
Protection of Children from Sexual Offences Act, 2012: G ss.9/10 – Sexual assault on seven year old girl – Accused convicted under ss.9/10 of POSCO Act and awarded simple imprisonment for a period of 7 years – Plea of the appellant was that the sentence imposed on the appellant was excessive; that under s.10, minimum s…
Supreme Court of India22 Apr 2019Full text
2019 INSC 548 · [2019] 6 S.C.R. 601
Bench decided the reference in Jindal Stainless Limited case – Thereafter, the matter was taken by the Regular Bench and by judgment dtd. 21.03.17 Supreme Court granted liberty to the appellant to question the levy of Entry Tax under the 2007 Act, on the issues left open in the order of the Nine Judges Bench, before Hi…
Also on Law on Tips: Bare Acts · Legal news and analysis
franchisee rights in respect of the running business of a automobile company ‘T’– Respondents alleged that the appellant company concluded the agreement for sale of the suit schedule property and the running business for a total consideration of Rs.55.50 crores – It is further alleged that respondents had paid an amoun…
Supreme Court of India24 Apr 2019Full text
2019 INSC 568 · [2019] 6 S.C.R. 701
under ss.489B and 489C IPC – Prosecution case was that accused no.1 to 3 were selling fake foreign currency note as original at public place – When they were caught, they stated that they collected notes from the residence of accused no.4-appellant – Appellant contended before Sessions judge that apart from the stateme…
Supreme Court of India24 Apr 2019Full text
2019 INSC 567 · [2019] 6 S.C.R. 762
Consumer Commission set aside the award of compensation in terms of accident benefit because the death was not due to a bodily injury resulting from an accident caused by outward, violent and visible means as stipulated in the insurance policies – On appeal, held: In order to sustain a claim under the accident benefit …
Supreme Court of India24 Apr 2019Full text
2019 INSC 566 · [2019] 6 S.C.R. 803
obtaining permission from competent authority – This fact was verified by the Gram Panchayath as well as by the report of Advocate Commissioner – High Court rejected the case of the appellant holding that award was not in the nature of permanent prohibition for putting up any new construction – On appeal, held: The fin…
Supreme Court of India24 Apr 2019Full text
2019 INSC 565 · [2019] 6 S.C.R. 733
[2019] 6 S.C.R. 733 733 RELIANCE LIFE INSURANCE CO LTD & ANR. A v. REKHABEN NARESHBHAI RATHOD (Civil Appeal No. 4261 of 2019) APRIL 24, 2019 B [DR DHANANJAYA Y CHANDRACHUD AND HEMANT GUPTA, JJ.] Consumer Protection Act, 1986: Deficiency of service – Insurance policy – Repudiation of claim – Spouse of the respondent C t…
Supreme Court of India24 Apr 2019Full text
2019 INSC 564 · [2019] 6 S.C.R. 783
– Show cause notice issued by the appellant – Writ petition by respondents challenging the said show cause notice – Single Judge of the High Court held that the notice issued by the appellant was valid – However, Division Bench of High Court set aside the demand notice and show cause notice issued by the appellant – Re…
Supreme Court of India23 Apr 2019Full text
2019 INSC 562 · [2019] 7 S.C.R. 962
From the Judgment and Order dated 09.01.2013 of the High Court of Karnataka at Bangalore in Writ Petition Nos. 13334 of 2012 and 14461-612 of 2012 (S-KAT). H 962 STATE OF KARNATAKA v. KRISHNA KUMAR 963 Basava Prabhu S. Patil, Sr. Adv., V. N. Raghupathy, Ms. Rachitha A Hiremath, Parikshit P. Angadi, Chinmay Deshpande, M…
Supreme Court of India23 Apr 2019Full text
2019 INSC 561 · [2019] 6 S.C.R. 683
Compensation – Ex-gratia amount received by the claimants from employer of the deceased – If to be deducted from the B compensation received by claimants – Plea of insurer relying on Shashi Sharma case that the said ex-gratia amount so received by the claimants be deducted from the compensation granted by the High Cour…
Supreme Court of India23 Apr 2019Full text
2019 INSC 559 · [2019] 6 S.C.R. 641
– Held: Reference to be answered by the Tribunal was that, whether F the action of the management of second respondent in closing down their establishment on 15.12.2009 and retrenching the services of 106 workmen was justified and legal – Whenever, the appropriate Government refers the points of dispute for adjudicatio…
Supreme Court of India23 Apr 2019Full text
2019 INSC 558 · [2019] 6 S.C.R. 275
– Survey/inspection report to the effect that the respondent raised unauthorised constructions in the area not furnished to the respondents at any point of time though such report was relied on for rejecting the appeals preferred by the respondents – Having regard to reasons recorded in the impugned order passed by the…
Supreme Court of India23 Apr 2019Full text
2019 INSC 557 · [2019] 6 S.C.R. 249
of Gujarat at Ahmedabad in Criminal Appeal No. 234 of 1990. Ravi Prakash Mehrotra, Ankit Agarwal, Ms. Deepti R. Mehrotra, Advs. for the Appellants. Ms. Jesal Wahi (for Ms. Hemantika Wahi), Adv. for the H Respondent. NAGJI ODHAVJI KUMBHAR & ANR. v. STATE OF GUJARAT 251 The Judgment of the Court was delivered by A HEMANT…
Supreme Court of India23 Apr 2019Full text
2019 INSC 556 · [2019] 6 S.C.R. 289
3. In view of the aforesaid, it was found that the High Court did not advert to all the facts of the case as also to the law applicable, therefore, the matter remanded to the High Court to H MONTHI MENEZES (D) BY LR. v. DEVAKI AMMA (D) BY LR. 291 decide the writ petition afresh on merits and in accordance with A law. […
Supreme Court of India23 Apr 2019Full text
2019 INSC 555 · [2019] 6 S.C.R. 257
Whether the document is a ‘mortgage by conditional sale’ or ‘sale with a condition to repurchase’ is to be ascertained from the intention G of the parties – It is trite law that the intention of the parties should be gathered from the recitals of the document itself – In the instant case, by perusal of Ex.P-73 it was c…
Supreme Court of India22 Apr 2019Full text
2019 INSC 554 · [2019] 6 S.C.R. 215
44(1)(e) is to ensure that the highest level of probity is maintained by the Councillor and nearest members of the Councillor’s family. It does not require the Councillor knowing the fact of the construction being made by her spouse or dependent. [Paras 8 and 9][220-B-G] C 1.2 The second limb of Section 44(1)(e) provid…
Supreme Court of India22 Apr 2019Full text
2019 INSC 553 · [2019] 6 S.C.R. 240
240 SUPREME COURT[2019]REPORTS6 S.C.R. 240 [2019] 6 S.C.R. A NARESH CHANDRA BHARDWAJ v. BANK OF INDIA & ORS. (Civil Appeal No. 4037 of 2019) B APRIL 22, 2019 [SANJAY KISHAN KAUL AND INDIRA BANERJEE, JJ.] Service Law: Removal from service – Appellant-bank officer sanctioned three loans while posted in one branch and rec…
Supreme Court of India22 Apr 2019Full text
2019 INSC 552 · [2019] 6 S.C.R. 225
the imports were under the brand names ‘Diyas’ and ‘mAntra’, they were not trademarks of such nature as would make them an exclusive product and there was some mix up in understanding of a trademark protection, as the same was compared with ‘patented goods’ – Further, data was available, which could have been utilised …
Supreme Court of India17 Jan 2019Full text
2019 INSC 55 · [2019] 1 S.C.R. 533
H STATE OF HIMACHAL PRADESH v. PARKASH CHAND 535 Vikas Mahajan, AAG, P.S. Patwalia, Sr. Adv., Aakash Verma, A Anil Kumar, Abhinav Mukerji, Ms. Bihu Sharma, Ms. Purnima Krishna, Ms. Pratishtha Vij, Ajay Marwah, Atul Kumar, Ishan Dewan, Plak Bagchi, Abhimanyu Sharma, Ishan Dewan, S. K. Verma, Suryanarayana Singh, Ms. Pra…
Supreme Court of India22 Apr 2019Full text
2019 INSC 549 · [2019] 6 S.C.R. 203
Protection of Children from Sexual Offences Act, 2012: G ss.9/10 – Sexual assault on seven year old girl – Accused convicted under ss.9/10 of POSCO Act and awarded simple imprisonment for a period of 7 years – Plea of the appellant was that the sentence imposed on the appellant was excessive; that under s.10, minimum s…
Supreme Court of India22 Apr 2019Full text
2019 INSC 548 · [2019] 6 S.C.R. 601
Bench decided the reference in Jindal Stainless Limited case – Thereafter, the matter was taken by the Regular Bench and by judgment dtd. 21.03.17 Supreme Court granted liberty to the appellant to question the levy of Entry Tax under the 2007 Act, on the issues left open in the order of the Nine Judges Bench, before Hi…
Also on Law on Tips: Bare Acts · Legal news and analysis