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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.
5,661–5,680 · Page 284 of 382
Supreme Court of India21 Mar 2013Full text
2013 INSC 181 · [2013] 16 S.C.R. 244
246 SUPREME COURT REPORTS [2013] 16 S.C.R. A appellate court can interfere with the order of acquittal. The appellate court should bear in mind the presumption of innocence of the accused and further that the trial court's acquittal bolsters the presumption of his innocence. Interference in a routine manner where the B…
Supreme Court of India21 Mar 2013Full text
2013 INSC 180 · [2013] 15 S.C.R. 1061
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.
5,661–5,680 · Page 284 of 382
Supreme Court of India21 Mar 2013Full text
2013 INSC 181 · [2013] 16 S.C.R. 244
246 SUPREME COURT REPORTS [2013] 16 S.C.R. A appellate court can interfere with the order of acquittal. The appellate court should bear in mind the presumption of innocence of the accused and further that the trial court's acquittal bolsters the presumption of his innocence. Interference in a routine manner where the B…
Supreme Court of India21 Mar 2013Full text
2013 INSC 180 · [2013] 15 S.C.R. 1061
1062 SUPREME COURT REPORTS [2013] 15 S.C.R. A ammunition and explosives - Also charged for knowingly and intef]tionally storing two suitcases containing arms and ammunition -· Conviction of A-67 - Challenged - Held: In the second week of February 1993, A-67 met A-1 in the office of A-68 and A-1 asked A-67 to book ticke…
Supreme Court of India8 Jan 2013Full text
2013 INSC 18 · [2013] 3 S.C.R. 601
- Respondent denied having borrowed any sum from the D plaintiffs-appellants and further denied the alleged signatures on the cash book - Held: The burden of proving the facts rests on the party who substantially asserts the affirmative issues and not the party who denies it but there may be an exception thereto, - On …
Supreme Court of India21 Mar 2013Full text
2013 INSC 179 · [2013] 15 S.C.R. 1
H YAKUBABDUL RAZAK MEMON v. STATE OF 3 MAHARASHTRA, THR. CBI , BOMBAY CONFESSION: A Evidentiary value of confession - Held: s. 164 of the Code speaks about recording confessions and statements, and s. 15 of TADA is a similar provision - If the confessional statement is properly recorded satisfying the mandatory 8provis…
Supreme Court of India21 Mar 2013Full text
2013 INSC 178 · [2013] 16 S.C.R. 1
[2013] 16 S.C.R .. 1 AHMED SHAH KHAN DURRANI @ A.S. MUBARAK A V. STATE OF MAHARASHTRA (Criminal Appeal. No. 1438 of 2007) MARCH 21, 2013 B [P. SATHASIVAM AND DR. B.S. CHAUHAN, JJ.] Terrorist and Disruptive Activities (Prevention) Act, 1987 - s.5 - Bombay serial blasts of 1993 - Possession of weapon - A-20 charged for k…
Supreme Court of India20 Mar 2013Full text
2013 INSC 177 · [2013] 5 S.C.R. 267
c Devender, Minakshi for the Appellants. R.K. Dhawan, Kanika Greval, Sheweeta Joshi, M.A. Chinnasamy for the Respondent. The Judgment of the Court was delivered by D DR. B.S. CHAUHAN, J: 1. These appeals have been preferred against the impugned judgment and order dated 2.7.2004 passed by the High Court of Punjab & Hary…
Supreme Court of India19 Mar 2013Full text
2013 INSC 176 · [2013] 4 S.C.R. 581
SUBODH NATH AND ANR. v. STATE OF TRIPURA 583 remitted to the concerned Juvenile Justice Board for A disposal of his case in accordance with the provisions of the 2000 Act. [Para 1O] [592-A-D] Hari Ram v. State of Rajasthan and Anr. (2009) 13 SCC 211 : 2009 (7) SCR 623 - relied on. B Pratap Singh v. State of Jharkhand a…
Supreme Court of India19 Mar 2013Full text
2013 INSC 175 · [2013] 2 S.C.R. 438
[2013] 2 S.C.R. 438 A BABU AND ANR. v. STATE REP. BY INSPECTOR OF POLICE, CHENNAI (Criminal Appeal No. 353 of 2008 etc.) MARCH 19, 2013. B [A.K. PATNAIK AND H.L. GOKHALE, JJ.] PENAL CODE, 1860: c s.302134 and s.300, Exception 4 - Conviction by trial court of 5 accused uls 3021149 /PC - Acquittal of one accused by High …
Supreme Court of India19 Mar 2013Full text
2013 INSC 174 · [2013] 5 S.C.R. 243
- Held: On facts, the defendant had filed a written statement but had thereafter failed to appear and contest the suit - High Court had taken a conscious decision u!Order XX/I Rule 4(4), D to proceed with the matter ex-parte as against interests of such a defendant, without first requiring the plaintiff to implead the …
Supreme Court of India18 Mar 2013Full text
2013 INSC 173 · [2013] 2 S.C.R. 931
[2013] 2 S.C.R. 931 INDRAJIT SURESHPRASAD BIND & ORS. A v. STATE OF GUJARAT (Criminal Appeal No. 613 of 2007) MARCH 18, 2013 8 [A.K. PATNAIK AND SUDHANSU JYOTI MUKHOPADHAYA, JJ.] Penal Code, 1860 - ss.3048, 498A and 306 - Suicide by married woman -Conviction of appellants (husband and in- C laws) - Justification - Held…
Supreme Court of India18 Mar 2013Full text
2013 INSC 172 · [2013] 2 S.C.R. 497
H 432 SHANTILAL GULABCHAND MUTHA v. TATA 433 ENGINEERING & LOCOMOTIVE CO. LTD. Case Law Reference: A 1999 (2) Suppl. SCR 258 relied on para 3 2007 (12) SCR 1153 relied on para 5 2003 (3) SCR 1149 relied on para 5 B CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6162 of 2005. From the Judgment & Order dated 22.06.2005 …
Supreme Court of India18 Mar 2013Full text
2013 INSC 171 · [2013] 5 S.C.R. 233
The State of Uttarakhand contended before this Court that the respondent being on deputation to an F undertaking of the State Government of Uttarakhand, it had the power to repatriate him which would mean the power of removal from office by the State Government of Uttarakhand. G The question which therefore arose for d…
Supreme Court of India18 Mar 2013Full text
2013 INSC 170 · [2013] 5 S.C.R. 200
- Burden to prove. Judiciary - Duty of higher judiciary to protect subordinate judiciary - Held: For functioning of democracy, and for an independent judiciary to dispense justice without fear and favour, G High Court need to protect the honest judicial officers. Service Law: Departmental Inquiry - Quasi Criminal/Quasi…
Supreme Court of India8 Jan 2013Full text
2013 INSC 17 · [2013] 1 S.C.R. 220
MUNICIPAL CORPORATION RAJASTHAN v. 221 SANJEEV SACHDEVA AND ORS. Pareshar Soni's case interpreting the un-amended s. 173-A - A The Legislature, with a view to ensure planned and regulated development of the urban area felt it necessary to charge for the change of use in certain circumstances of those lands which were n…
Supreme Court of India15 Mar 2013Full text
2013 INSC 169 · [2013] 4 S.C.R. 767
The gravamen of grievance of the petitioners H pertained to procrastination in trial, gradual corrosion of NIRANJAN HEMCHANDRA SASHITTAL v. STATE OF 769 MAHARASHTRA their social reputation, deprivation of respectable A livelihood because of order of suspension passed against the petitioner No. 1 during which he was get…
Supreme Court of India15 Mar 2013Full text
2013 INSC 168 · [2013] 2 S.C.R. 426
0. 23, r. 3 CPC, agreeing for a consolidated amount E towards permanent alimony, thereby giving up any future claim for maintenance, accepted by the court in a proceeding uls 125 CrPC, would preclude the wife from claiming maintenance in a suit filed uls 18 of the Hindu Adoption and Maintenance Act, 1956. F Dismissing …
Supreme Court of India15 Mar 2013Full text
2013 INSC 167 · [2013] 2 S.C.R. 411
. The appellant was prosecuted for committing rape on her acquaintance and class-mate, who was working as a nurse. The trial court convicted the appellant u/s 376 IPC and sentenced him to undergo 7 years RI. The High G Court affirmed the conviction and the sentence. Allowing the appeal, the Court 411 H 412 SUPREME COUR…
Supreme Court of India15 Mar 2013Full text
2013 INSC 166 · [2013] 2 S.C.R. 396
UNION OF INDIA & ORS. v. ANIL KUMAR SARKAR 397 was not promoted. He, therefore, filed representations, A which were rejected. He then filed an 0.A. before the Central Administrative Tribunal. It was the case of the department that during the year 1994-95, the respondent committed gross misconduct in the matter of check…
Supreme Court of India15 Mar 2013Full text
2013 INSC 165 · [2013] 4 S.C.R. 236
HELD: 1. As per the documents, viz. High School mark sheet/certificate and the school admission register, F the appellant was a juvenile on the date of the incident. The principle laid down in the *Ashwini Kumar case squarely applies to the facts of the present case. Therefore, the sentence awarded by the trial court, …
Supreme Court of India15 Mar 2013Full text
2013 INSC 164 · [2013] 2 S.C.R. 921
Question relating to the ambit and scope of the inherent powers of the High Courts under Section 482 E CrPC in quashing of the criminal proceedings in non-compoundable offences relating to matrimonial disputes arose for consideration in the present appeal. Allowing the appeal, the Court F HELD: 1.1. It is the duty of t…
Also on Law on Tips: Bare Acts · Legal news and analysis
1062 SUPREME COURT REPORTS [2013] 15 S.C.R. A ammunition and explosives - Also charged for knowingly and intef]tionally storing two suitcases containing arms and ammunition -· Conviction of A-67 - Challenged - Held: In the second week of February 1993, A-67 met A-1 in the office of A-68 and A-1 asked A-67 to book ticke…
Supreme Court of India8 Jan 2013Full text
2013 INSC 18 · [2013] 3 S.C.R. 601
- Respondent denied having borrowed any sum from the D plaintiffs-appellants and further denied the alleged signatures on the cash book - Held: The burden of proving the facts rests on the party who substantially asserts the affirmative issues and not the party who denies it but there may be an exception thereto, - On …
Supreme Court of India21 Mar 2013Full text
2013 INSC 179 · [2013] 15 S.C.R. 1
H YAKUBABDUL RAZAK MEMON v. STATE OF 3 MAHARASHTRA, THR. CBI , BOMBAY CONFESSION: A Evidentiary value of confession - Held: s. 164 of the Code speaks about recording confessions and statements, and s. 15 of TADA is a similar provision - If the confessional statement is properly recorded satisfying the mandatory 8provis…
Supreme Court of India21 Mar 2013Full text
2013 INSC 178 · [2013] 16 S.C.R. 1
[2013] 16 S.C.R .. 1 AHMED SHAH KHAN DURRANI @ A.S. MUBARAK A V. STATE OF MAHARASHTRA (Criminal Appeal. No. 1438 of 2007) MARCH 21, 2013 B [P. SATHASIVAM AND DR. B.S. CHAUHAN, JJ.] Terrorist and Disruptive Activities (Prevention) Act, 1987 - s.5 - Bombay serial blasts of 1993 - Possession of weapon - A-20 charged for k…
Supreme Court of India20 Mar 2013Full text
2013 INSC 177 · [2013] 5 S.C.R. 267
c Devender, Minakshi for the Appellants. R.K. Dhawan, Kanika Greval, Sheweeta Joshi, M.A. Chinnasamy for the Respondent. The Judgment of the Court was delivered by D DR. B.S. CHAUHAN, J: 1. These appeals have been preferred against the impugned judgment and order dated 2.7.2004 passed by the High Court of Punjab & Hary…
Supreme Court of India19 Mar 2013Full text
2013 INSC 176 · [2013] 4 S.C.R. 581
SUBODH NATH AND ANR. v. STATE OF TRIPURA 583 remitted to the concerned Juvenile Justice Board for A disposal of his case in accordance with the provisions of the 2000 Act. [Para 1O] [592-A-D] Hari Ram v. State of Rajasthan and Anr. (2009) 13 SCC 211 : 2009 (7) SCR 623 - relied on. B Pratap Singh v. State of Jharkhand a…
Supreme Court of India19 Mar 2013Full text
2013 INSC 175 · [2013] 2 S.C.R. 438
[2013] 2 S.C.R. 438 A BABU AND ANR. v. STATE REP. BY INSPECTOR OF POLICE, CHENNAI (Criminal Appeal No. 353 of 2008 etc.) MARCH 19, 2013. B [A.K. PATNAIK AND H.L. GOKHALE, JJ.] PENAL CODE, 1860: c s.302134 and s.300, Exception 4 - Conviction by trial court of 5 accused uls 3021149 /PC - Acquittal of one accused by High …
Supreme Court of India19 Mar 2013Full text
2013 INSC 174 · [2013] 5 S.C.R. 243
- Held: On facts, the defendant had filed a written statement but had thereafter failed to appear and contest the suit - High Court had taken a conscious decision u!Order XX/I Rule 4(4), D to proceed with the matter ex-parte as against interests of such a defendant, without first requiring the plaintiff to implead the …
Supreme Court of India18 Mar 2013Full text
2013 INSC 173 · [2013] 2 S.C.R. 931
[2013] 2 S.C.R. 931 INDRAJIT SURESHPRASAD BIND & ORS. A v. STATE OF GUJARAT (Criminal Appeal No. 613 of 2007) MARCH 18, 2013 8 [A.K. PATNAIK AND SUDHANSU JYOTI MUKHOPADHAYA, JJ.] Penal Code, 1860 - ss.3048, 498A and 306 - Suicide by married woman -Conviction of appellants (husband and in- C laws) - Justification - Held…
Supreme Court of India18 Mar 2013Full text
2013 INSC 172 · [2013] 2 S.C.R. 497
H 432 SHANTILAL GULABCHAND MUTHA v. TATA 433 ENGINEERING & LOCOMOTIVE CO. LTD. Case Law Reference: A 1999 (2) Suppl. SCR 258 relied on para 3 2007 (12) SCR 1153 relied on para 5 2003 (3) SCR 1149 relied on para 5 B CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6162 of 2005. From the Judgment & Order dated 22.06.2005 …
Supreme Court of India18 Mar 2013Full text
2013 INSC 171 · [2013] 5 S.C.R. 233
The State of Uttarakhand contended before this Court that the respondent being on deputation to an F undertaking of the State Government of Uttarakhand, it had the power to repatriate him which would mean the power of removal from office by the State Government of Uttarakhand. G The question which therefore arose for d…
Supreme Court of India18 Mar 2013Full text
2013 INSC 170 · [2013] 5 S.C.R. 200
- Burden to prove. Judiciary - Duty of higher judiciary to protect subordinate judiciary - Held: For functioning of democracy, and for an independent judiciary to dispense justice without fear and favour, G High Court need to protect the honest judicial officers. Service Law: Departmental Inquiry - Quasi Criminal/Quasi…
Supreme Court of India8 Jan 2013Full text
2013 INSC 17 · [2013] 1 S.C.R. 220
MUNICIPAL CORPORATION RAJASTHAN v. 221 SANJEEV SACHDEVA AND ORS. Pareshar Soni's case interpreting the un-amended s. 173-A - A The Legislature, with a view to ensure planned and regulated development of the urban area felt it necessary to charge for the change of use in certain circumstances of those lands which were n…
Supreme Court of India15 Mar 2013Full text
2013 INSC 169 · [2013] 4 S.C.R. 767
The gravamen of grievance of the petitioners H pertained to procrastination in trial, gradual corrosion of NIRANJAN HEMCHANDRA SASHITTAL v. STATE OF 769 MAHARASHTRA their social reputation, deprivation of respectable A livelihood because of order of suspension passed against the petitioner No. 1 during which he was get…
Supreme Court of India15 Mar 2013Full text
2013 INSC 168 · [2013] 2 S.C.R. 426
0. 23, r. 3 CPC, agreeing for a consolidated amount E towards permanent alimony, thereby giving up any future claim for maintenance, accepted by the court in a proceeding uls 125 CrPC, would preclude the wife from claiming maintenance in a suit filed uls 18 of the Hindu Adoption and Maintenance Act, 1956. F Dismissing …
Supreme Court of India15 Mar 2013Full text
2013 INSC 167 · [2013] 2 S.C.R. 411
. The appellant was prosecuted for committing rape on her acquaintance and class-mate, who was working as a nurse. The trial court convicted the appellant u/s 376 IPC and sentenced him to undergo 7 years RI. The High G Court affirmed the conviction and the sentence. Allowing the appeal, the Court 411 H 412 SUPREME COUR…
Supreme Court of India15 Mar 2013Full text
2013 INSC 166 · [2013] 2 S.C.R. 396
UNION OF INDIA & ORS. v. ANIL KUMAR SARKAR 397 was not promoted. He, therefore, filed representations, A which were rejected. He then filed an 0.A. before the Central Administrative Tribunal. It was the case of the department that during the year 1994-95, the respondent committed gross misconduct in the matter of check…
Supreme Court of India15 Mar 2013Full text
2013 INSC 165 · [2013] 4 S.C.R. 236
HELD: 1. As per the documents, viz. High School mark sheet/certificate and the school admission register, F the appellant was a juvenile on the date of the incident. The principle laid down in the *Ashwini Kumar case squarely applies to the facts of the present case. Therefore, the sentence awarded by the trial court, …
Supreme Court of India15 Mar 2013Full text
2013 INSC 164 · [2013] 2 S.C.R. 921
Question relating to the ambit and scope of the inherent powers of the High Courts under Section 482 E CrPC in quashing of the criminal proceedings in non-compoundable offences relating to matrimonial disputes arose for consideration in the present appeal. Allowing the appeal, the Court F HELD: 1.1. It is the duty of t…
Also on Law on Tips: Bare Acts · Legal news and analysis