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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.
5,721–5,740 · Page 287 of 382
Supreme Court of India27 Feb 2013Full text
2013 INSC 127 · [2013] 4 S.C.R. 1080
1080H STATE OF ORISSA & ORS. v. SRI JAGABANDHU 1081 PANDA Allowing the appeals, the Court A HELD: 1. The finding arrived at by the High Court that the post of Ore Engineer was for the first time treated as ex-cadre post in the year 2005, is absolutely perverse and erroneous. Immediately after joining the post of Ore- B…
Supreme Court of India26 Feb 2013Full text
2013 INSC 126 · [2013] 1 S.C.R. 1129
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.
5,721–5,740 · Page 287 of 382
Supreme Court of India27 Feb 2013Full text
2013 INSC 127 · [2013] 4 S.C.R. 1080
1080H STATE OF ORISSA & ORS. v. SRI JAGABANDHU 1081 PANDA Allowing the appeals, the Court A HELD: 1. The finding arrived at by the High Court that the post of Ore Engineer was for the first time treated as ex-cadre post in the year 2005, is absolutely perverse and erroneous. Immediately after joining the post of Ore- B…
Supreme Court of India26 Feb 2013Full text
2013 INSC 126 · [2013] 1 S.C.R. 1129
By the Code of Criminal Procedure (Madhya Pradesh 1129 H 1130 SUPREME COURT REPORTS [2013] 1 S.C.R. A Amendment) Act of 2007, the first Schedule to the Code of Criminal Procedure, 1973 was amended w.e.f. 22.2.2008 and, among others, offences punishable u/ss 467, 468 and 471 IPC were made triable by the Court of Session…
Supreme Court of India22 Feb 2013Full text
2013 INSC 125 · [2013] 4 S.C.R. 460
In the instant appeals, the question which arose for consideration was whether a minimum continuous D service in an academic year is a pre-requisite for raising a claim for re-appointment under Rule 51A of Chapter XIV A of the Kerala Education Rules, 1959 (KER) in view of sub-rule (3) of Rule 7A of the same chapter of …
Supreme Court of India22 Feb 2013Full text
2013 INSC 124 · [2013] 4 S.C.R. 433
[2013] 4 S.C.R. 433 SOM RAJ @ SOMA A v. STATE OF H.P. (Criminal Appeal No. 1772 of 2008) FEBRUARY 22, 2013 B [P. SATHASIVAM AND JAGDISH SINGH KHEHAR, JJ.] Penal Code, 1860- s.302- Assault with deadly weapon on vital part of the body causing death of a person - Appellant inflicted blow with a 'darat' (agricultural imple…
Supreme Court of India22 Feb 2013Full text
2013 INSC 123 · [2013] 2 S.C.R. 179
- The plaintiff filed the applications to improve its case - The plaintiff did not file those documents at earlier stage despite the same were available with him throughout the trial -E Therefore, the applications cannot be allowed even by exercise of jurisdiction uls. 151. Respondent filed a recovery suit against the …
Supreme Court of India22 Feb 2013Full text
2013 INSC 122 · [2013] 2 S.C.R. 126
[2013] 2 S.C.R. 126 A K. SRINIVAS RAO v. D.A. DEEPA (Civil Appeal No. 1794 of 2013) FEBRUARY 22, 2013 B [AFTAB ALAM AND RANJANA PRAKASH DESAI, JJ.] Hindu Marriage Act, 1955: c ss.13(1)(i-a) and (b) - Petition for dissolution of marriage on grounds of cruelty and desertion - 'Cruelty' - Explained -Held: In the instant c…
Supreme Court of India22 Feb 2013Full text
2013 INSC 121 · [2013] 2 S.C.R. 116
- The plaintiff filed the applications to improve its case - The plaintiff did not file those documents at earlier stage despite the same were available with him throughout the trial -E Therefore, the applications cannot be allowed even by exercise of jurisdiction uls. 151. Respondent filed a recovery suit against the …
Supreme Court of India22 Feb 2013Full text
2013 INSC 120 · [2013] 1 S.C.R. 1115
The appellant in Crl. A. No. 334 of 2013 and the respondent in Crl. A. No. 335 and 336 of 2013 were8 charged with various offences punishable under the Penal Code, 1860 and Bombay Prohibition Act, 1949, in the case relating to the hooch tragedy which resulted in death of 147 persons and serious physical injuries to 205…
Supreme Court of India7 Jan 2013Full text
2013 INSC 12 · [2013] 2 S.C.R. 593
594 SUPREME COURT REPORTS [2013] 2 S.C.R. A Division Bench of High Court upheld the order of Single Judge. Hence the present appeal. Disposing c{ the appeal, the Court HELD: 1. Section 2(aa) of the Apprentices Act, 1961 8 (for short "the 1961 Act") defines "apprentice" which means a person who is undergoing apprentices…
Supreme Court of India22 Feb 2013Full text
2013 INSC 119 · [2013] 4 S.C.R. 1053
- Grant of the same was within the discretionary power of the competent authority - Court should not have interfered with the D same, unless the applicant established a better claim over others, which the applicant failed - Abkari Act - s. 14 - Foreign Liquor (Compounding, Blending, Bottling) Rules, 1975 - r.4. Constit…
Supreme Court of India21 Feb 2013Full text
2013 INSC 118 · [2013] 2 S.C.R. 74
THOMSON PRESS (INDIA) LTD. v. NANAK 75 BUILDERS & INVESTORS P.LTD. appellant. On the basis of these sale deeds the appellant A moved an application under 0.1, r.10. CPC, for impleadment as defendant in the suit for specific performance filed by the plaintiff-respondent no. 1. The Single Judge of the High Court rejected…
Supreme Court of India21 Feb 2013Full text
2013 INSC 117 · [2013] 4 S.C.R. 409
[2013] 4 S.C.R. 409 MIS. A.S. MOTORS PVT. LTD. A v. UNION OF INDIA AND ORS. (Civil Appeal No. 1517 of 2013) FEBRUARY 21, 2013 B [T.S. THAKUR AND GYAN SUDHA MISRA, JJ.] Contract - Termination of, by respondent-authority -Termination challenged on ground that principles of natural justice requiring a fair hearing to the …
Supreme Court of India21 Feb 2013Full text
2013 INSC 116 · [2013] 4 S.C.R. 394
- Maxims - Nemo dat quid non habet and Nemo plus juris tribuit quam ipse habet. G Evidence Act, 1872 - s.90 - Purpose of- Held: Is to do away with strict rules, as regards requirement of proof, which are enforced in the case of private documents, by giving rise to a presumption of genuineness, in respect of certain doc…
Supreme Court of India20 Feb 2013Full text
2013 INSC 115 · [2013] 2 S.C.R. 56
[para 11 and 16] [65-C; 68-E-F] 1.5. Besides, because evidence under Part B of F Chapter XIX of the Code has to be recorded in the presence of the accused and if a right of cross-examination was not available to him, he would be no more than an idle spectator in the entire process. The whole object underlying recording…
Supreme Court of India20 Feb 2013Full text
2013 INSC 114 · [2013] 4 S.C.R. 151
Shanker Motiram Nale vs. Shiolalsing Gannusing Rajput 0 (1994) 2 SCC 753; Suseel Finance and Leasing Company . vs. M. Lata and Ors. (2004) 13 SCC 675; M.N. Haider and Ors. vs. Kendriya Vidyalaya Sangathan and Ors. (2004) 13 sec 677 - relied on. Eastern Coalfields Limited vs. Dugal Kumar (2008) 14 E SCC 295: (2008) 11 S…
Supreme Court of India20 Feb 2013Full text
2013 INSC 113 · [2013] 1 S.C.R. 1106
MATA PRASAD MATHUR (DEAD) BY LRS. v. JWALA 1107 PRASAD MATHUR & ORS. maintainability of the suit. The High Court affirmed that A order, and hence the instant appeal. Dismissing the appeal, the Court HELD: 1. This Court is inclined to agree with the order of the First Appellate Court that the suit had not B abated no ma…
Supreme Court of India20 Feb 2013Full text
2013 INSC 112 · [2013] 4 S.C.R. 1018
Words and Phrases: 'Control' and 'Pervasive control' - Meaning of. H 1018 BALMER LAWRIE & CO. LTD. & ORS. v. PARTHA 1019 SARATHI SEN ROY & ORS. The appellant-Company was a Government company A and subsidiary of a Government Company. Responden~ employees joined the services of the Company at different times. Services of…
Supreme Court of India19 Feb 2013Full text
2013 INSC 111 · [2013] 3 S.C.R. 426
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 291 of 2012. From the Judgment & Order dated 09.11.2011 of the D Securities Appellate Tribunal, Mumbai, in Appeal No. 155 of 2011. Chander Uday Singh, Pratap Venugopal, Gaurav Nair (for K.J. John) for the Appellant. E R.S. Suri, Chirag M. Shroff, Amrita Singh, Narinder Kr…
Supreme Court of India19 Feb 2013Full text
2013 INSC 110 · [2013] 2 S.C.R. 20
Allowing the appeals, the Court HELD: 1.1 The disciplinary proceedings were initiated under the unamended Rules. The disciplinary authority has imposed the penalty under substituted sub-E rule (vii) of r. 9 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991. However, the amended Rules…
Supreme Court of India7 Jan 2013Full text
2013 INSC 11 · [2013] 1 S.C.R. 168
Dismissing the appeal, the Court G HELD: 1.1. At the very outset it may be noted that the deceased was attended on by the doctor (P.W.4), when he was admitted in the hospital. P.W.4 has stated that the patient was unconscious and collapsed within about half an hour. In the injury report, he mentioned the incision H 170…
Also on Law on Tips: Bare Acts · Legal news and analysis
By the Code of Criminal Procedure (Madhya Pradesh 1129 H 1130 SUPREME COURT REPORTS [2013] 1 S.C.R. A Amendment) Act of 2007, the first Schedule to the Code of Criminal Procedure, 1973 was amended w.e.f. 22.2.2008 and, among others, offences punishable u/ss 467, 468 and 471 IPC were made triable by the Court of Session…
Supreme Court of India22 Feb 2013Full text
2013 INSC 125 · [2013] 4 S.C.R. 460
In the instant appeals, the question which arose for consideration was whether a minimum continuous D service in an academic year is a pre-requisite for raising a claim for re-appointment under Rule 51A of Chapter XIV A of the Kerala Education Rules, 1959 (KER) in view of sub-rule (3) of Rule 7A of the same chapter of …
Supreme Court of India22 Feb 2013Full text
2013 INSC 124 · [2013] 4 S.C.R. 433
[2013] 4 S.C.R. 433 SOM RAJ @ SOMA A v. STATE OF H.P. (Criminal Appeal No. 1772 of 2008) FEBRUARY 22, 2013 B [P. SATHASIVAM AND JAGDISH SINGH KHEHAR, JJ.] Penal Code, 1860- s.302- Assault with deadly weapon on vital part of the body causing death of a person - Appellant inflicted blow with a 'darat' (agricultural imple…
Supreme Court of India22 Feb 2013Full text
2013 INSC 123 · [2013] 2 S.C.R. 179
- The plaintiff filed the applications to improve its case - The plaintiff did not file those documents at earlier stage despite the same were available with him throughout the trial -E Therefore, the applications cannot be allowed even by exercise of jurisdiction uls. 151. Respondent filed a recovery suit against the …
Supreme Court of India22 Feb 2013Full text
2013 INSC 122 · [2013] 2 S.C.R. 126
[2013] 2 S.C.R. 126 A K. SRINIVAS RAO v. D.A. DEEPA (Civil Appeal No. 1794 of 2013) FEBRUARY 22, 2013 B [AFTAB ALAM AND RANJANA PRAKASH DESAI, JJ.] Hindu Marriage Act, 1955: c ss.13(1)(i-a) and (b) - Petition for dissolution of marriage on grounds of cruelty and desertion - 'Cruelty' - Explained -Held: In the instant c…
Supreme Court of India22 Feb 2013Full text
2013 INSC 121 · [2013] 2 S.C.R. 116
- The plaintiff filed the applications to improve its case - The plaintiff did not file those documents at earlier stage despite the same were available with him throughout the trial -E Therefore, the applications cannot be allowed even by exercise of jurisdiction uls. 151. Respondent filed a recovery suit against the …
Supreme Court of India22 Feb 2013Full text
2013 INSC 120 · [2013] 1 S.C.R. 1115
The appellant in Crl. A. No. 334 of 2013 and the respondent in Crl. A. No. 335 and 336 of 2013 were8 charged with various offences punishable under the Penal Code, 1860 and Bombay Prohibition Act, 1949, in the case relating to the hooch tragedy which resulted in death of 147 persons and serious physical injuries to 205…
Supreme Court of India7 Jan 2013Full text
2013 INSC 12 · [2013] 2 S.C.R. 593
594 SUPREME COURT REPORTS [2013] 2 S.C.R. A Division Bench of High Court upheld the order of Single Judge. Hence the present appeal. Disposing c{ the appeal, the Court HELD: 1. Section 2(aa) of the Apprentices Act, 1961 8 (for short "the 1961 Act") defines "apprentice" which means a person who is undergoing apprentices…
Supreme Court of India22 Feb 2013Full text
2013 INSC 119 · [2013] 4 S.C.R. 1053
- Grant of the same was within the discretionary power of the competent authority - Court should not have interfered with the D same, unless the applicant established a better claim over others, which the applicant failed - Abkari Act - s. 14 - Foreign Liquor (Compounding, Blending, Bottling) Rules, 1975 - r.4. Constit…
Supreme Court of India21 Feb 2013Full text
2013 INSC 118 · [2013] 2 S.C.R. 74
THOMSON PRESS (INDIA) LTD. v. NANAK 75 BUILDERS & INVESTORS P.LTD. appellant. On the basis of these sale deeds the appellant A moved an application under 0.1, r.10. CPC, for impleadment as defendant in the suit for specific performance filed by the plaintiff-respondent no. 1. The Single Judge of the High Court rejected…
Supreme Court of India21 Feb 2013Full text
2013 INSC 117 · [2013] 4 S.C.R. 409
[2013] 4 S.C.R. 409 MIS. A.S. MOTORS PVT. LTD. A v. UNION OF INDIA AND ORS. (Civil Appeal No. 1517 of 2013) FEBRUARY 21, 2013 B [T.S. THAKUR AND GYAN SUDHA MISRA, JJ.] Contract - Termination of, by respondent-authority -Termination challenged on ground that principles of natural justice requiring a fair hearing to the …
Supreme Court of India21 Feb 2013Full text
2013 INSC 116 · [2013] 4 S.C.R. 394
- Maxims - Nemo dat quid non habet and Nemo plus juris tribuit quam ipse habet. G Evidence Act, 1872 - s.90 - Purpose of- Held: Is to do away with strict rules, as regards requirement of proof, which are enforced in the case of private documents, by giving rise to a presumption of genuineness, in respect of certain doc…
Supreme Court of India20 Feb 2013Full text
2013 INSC 115 · [2013] 2 S.C.R. 56
[para 11 and 16] [65-C; 68-E-F] 1.5. Besides, because evidence under Part B of F Chapter XIX of the Code has to be recorded in the presence of the accused and if a right of cross-examination was not available to him, he would be no more than an idle spectator in the entire process. The whole object underlying recording…
Supreme Court of India20 Feb 2013Full text
2013 INSC 114 · [2013] 4 S.C.R. 151
Shanker Motiram Nale vs. Shiolalsing Gannusing Rajput 0 (1994) 2 SCC 753; Suseel Finance and Leasing Company . vs. M. Lata and Ors. (2004) 13 SCC 675; M.N. Haider and Ors. vs. Kendriya Vidyalaya Sangathan and Ors. (2004) 13 sec 677 - relied on. Eastern Coalfields Limited vs. Dugal Kumar (2008) 14 E SCC 295: (2008) 11 S…
Supreme Court of India20 Feb 2013Full text
2013 INSC 113 · [2013] 1 S.C.R. 1106
MATA PRASAD MATHUR (DEAD) BY LRS. v. JWALA 1107 PRASAD MATHUR & ORS. maintainability of the suit. The High Court affirmed that A order, and hence the instant appeal. Dismissing the appeal, the Court HELD: 1. This Court is inclined to agree with the order of the First Appellate Court that the suit had not B abated no ma…
Supreme Court of India20 Feb 2013Full text
2013 INSC 112 · [2013] 4 S.C.R. 1018
Words and Phrases: 'Control' and 'Pervasive control' - Meaning of. H 1018 BALMER LAWRIE & CO. LTD. & ORS. v. PARTHA 1019 SARATHI SEN ROY & ORS. The appellant-Company was a Government company A and subsidiary of a Government Company. Responden~ employees joined the services of the Company at different times. Services of…
Supreme Court of India19 Feb 2013Full text
2013 INSC 111 · [2013] 3 S.C.R. 426
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 291 of 2012. From the Judgment & Order dated 09.11.2011 of the D Securities Appellate Tribunal, Mumbai, in Appeal No. 155 of 2011. Chander Uday Singh, Pratap Venugopal, Gaurav Nair (for K.J. John) for the Appellant. E R.S. Suri, Chirag M. Shroff, Amrita Singh, Narinder Kr…
Supreme Court of India19 Feb 2013Full text
2013 INSC 110 · [2013] 2 S.C.R. 20
Allowing the appeals, the Court HELD: 1.1 The disciplinary proceedings were initiated under the unamended Rules. The disciplinary authority has imposed the penalty under substituted sub-E rule (vii) of r. 9 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991. However, the amended Rules…
Supreme Court of India7 Jan 2013Full text
2013 INSC 11 · [2013] 1 S.C.R. 168
Dismissing the appeal, the Court G HELD: 1.1. At the very outset it may be noted that the deceased was attended on by the doctor (P.W.4), when he was admitted in the hospital. P.W.4 has stated that the patient was unconscious and collapsed within about half an hour. In the injury report, he mentioned the incision H 170…
Also on Law on Tips: Bare Acts · Legal news and analysis