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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.
5,741–5,760 · Page 288 of 382
Supreme Court of India19 Feb 2013Full text
2013 INSC 109 · [2013] 4 S.C.R. 136
Dismissing the appeal, the Court C HELD: 1. An extra judicial confession is capable of sustaining a conviction provided the same is not made under any inducement, is-voluntary and truthful. Whether or not these attributes of an extra judicial confession are satisfied in a given case will, however, depend upon the D fac…
Supreme Court of India19 Feb 2013Full text
2013 INSC 108 · [2013] 1 S.C.R. 1097
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.
5,741–5,760 · Page 288 of 382
Supreme Court of India19 Feb 2013Full text
2013 INSC 109 · [2013] 4 S.C.R. 136
Dismissing the appeal, the Court C HELD: 1. An extra judicial confession is capable of sustaining a conviction provided the same is not made under any inducement, is-voluntary and truthful. Whether or not these attributes of an extra judicial confession are satisfied in a given case will, however, depend upon the D fac…
Supreme Court of India19 Feb 2013Full text
2013 INSC 108 · [2013] 1 S.C.R. 1097
- Despite the clear law laid down by Supreme Court, High Courts, while declining to grant leave against judgments· of acquittal, do not indicate reasons for formation of such an D opinion - Judgments of Supreme Court, being binding on all courts, are required to be followed in letter and spirit - That is the constituti…
Supreme Court of India18 Feb 2013Full text
2013 INSC 107 · [2013] 4 S.C.R. 364
In appeal to this Court, a police report was produced whereby it was alleged that the appellant was sympathizer of CPI (Maoist) Party and was also a member of Chaitanya Mahila Samakhya (CMS) a frontal H 366 SUPREME COURT REPORTS [2013] 4 S.C.R. A organization of CPI (Maoist). Disposing of the appeal, the Court HELD: 1.…
Supreme Court of India15 Feb 2013Full text
2013 INSC 106 · [2013] 5 S.C.R. 18
STATE OF PUNJAB v. SAUL SABHLOK AND ORS. 19 Constitution of India, 1950 - Art.226 - Power under - A Exercise of- Scope - Held: Art.226 vests in the High Court the power to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including wr…
Supreme Court of India15 Feb 2013Full text
2013 INSC 105 · [2013] 1 S.C.R. 1079
The appellant and another were prosecuted for committing offences punishable ulss. 364134, 302, 120-B and 201 IPC. The prosecution case was that regarding G the quality of milk supplied by the appellant at the tea stall of 'R' the father of the informant, there arose a dispute between the two. On 16.12.2002 at about 8 …
Supreme Court of India15 Feb 2013Full text
2013 INSC 104 · [2013] 1 S.C.R. 1070
Vidya Dhar Gaur for the Appellant. Sonia Mathur, Sushi! Kumar Dubey, Pragati Neekhra for H the Respondent. VIVEK KALRA v. STAT…
Supreme Court of India14 Feb 2013Full text
2013 INSC 103 · [2013] 1 S.C.R. 1053
[2013] 1 S.C.R. 1053 SURENDER KAUSHIK AND OTHERS A v. STATE OF UTTAR PRADESH AND OTHERS (Criminal Appeal No. 305 of 2013) FEBRUARY 14, 2013 B [K.5. RADHAKRISHNAN AND DIPAK MISRA, JJ.] FIR - Lodgment of two Fl Rs - In respect of same incident - Permissibility - Held - Lodgment of two FIRs is not permissible in respect o…
Supreme Court of India13 Feb 2013Full text
2013 INSC 102 · [2013] 3 S.C.R. 416
Allowing the appeals, the Court HELD: 1. The higher courts every day come across G orders of the lower courts which are not justified either in law or in fact and modify them or set them aside. The legal . system acknowledges the fallibility of the Judges, hence it provides appeals and revisions. Inasmuch as the lower …
Supreme Court of India13 Feb 2013Full text
2013 INSC 101 · [2013] 3 S.C.R. 392
H 392 LIFE CONVICT BENGAL @ KHOKA @ PRASANTA 393 SEN v. B.K. SRIVASTAVA . Contempt of Court - Life convict filed writ of Habeas A Corpus for his immediate release stating that he had already undergone full sentence of 20 years with remission - Supreme Court directed the respondents- State of West Bengal to consider the…
Supreme Court of India13 Feb 2013Full text
2013 INSC 100 · [2013] 4 S.C.R. 121
The School Service Commission took no further steps in the matter nor was the panel published. This led D to the filing of Writ Petition No.5866 of 2009 filed by respondent No.1 in which he sought a mandamus directing the School Service Commission to recommend his name for appointment against the available vacancy. The…
Supreme Court of India7 Jan 2013Full text
2013 INSC 10 · [2013] 1 S.C.R. 154
[2013] 1 S.C.R. 154 A PARBIN ALI AND ANOTHER v. STATE OF ASSAM (Criminal Appeal No. 1037 of 2008) JANUARY 07, 2013 B [K.S. RADHAKRISHNAN AND DIPAK MISRA, JJ.] Penal Code, 1860: c s. 302134 - Murder - Oral dying declaration made to witnesses naming the accused - Conviction and sentence of life imprisonment affirmed by H…
Supreme Court of India2 Jan 2013Full text
2013 INSC 1 · [2013] 1 S.C.R. 1
Judgment of High Court - Use of harsh language against authorities - Held: Judges must not use strong and carping B language, rather they must act with sobriety, moderation and restraint - In the instant case, the Judge ought to have maintained a calm disposition and should not have used harsh language against a Consti…
Supreme Court of India2013
(2013) 14 SCC 461
Laid down comprehensive principles governing Section 311; power cannot be exercised to fill up lacunae of prosecution, but to arrive at the truth. | Principles for summoning material witnesses applied to Section 348 BNSS.
Supreme Court of India2013
(2013) 10 SCC 609
Presumption under Section 113B as to dowry death is mandatory ('shall presume'); once prosecution proves cruelty soon before death, burden shifts squarely on accused. | Mandatory presumption as to dowry death applied to Section 118 BSA (corresponding to Section 113B IEA).
Supreme Court of India2013
(2013) 4 SCC 333
Test of applicability of Section 10: whether the final decision in previous suit would operate as res judicata in subsequent suit; identity of entire subject matter required.
Supreme Court of India2012
(2012) 6 SCC 613
Corporate holding structures and tax planning: corporate veil can be pierced only where structure is a sham or bogus device designed to evade legal obligations.
Supreme Court of India2012
(2013) 5 SCC 762
Distinction between further investigation, re-investigation, and de novo investigation; Magistrate has power to order further investigation under 173(8) even post-cognizance. | Further investigation powers and submission of police report applied to Section 193 BNSS.
Supreme Court of India19 Jan 2012Full text
[2012] 2 S.C.R. 303
304 SUPREME COURT REPORTS [2012] 2 S.C.R. 1 A said extent - U. P. Zamindari Abolition and Land Reforms Act, 1951 - s. 169. Transfer of Property Act, 1882 - s. 52 - Doctrine of '/is pendens' - Held: Pendency of a suit or a proceeding shall B be deemed to continue until the suit or a proceeding is disposed of by final de…
Supreme Court of India22 Feb 2012Full text
2012 INSC 99 · [2012] 3 S.C.R. 550
552 SUPREME COURT REPORTS [2012) 3 S.C.R. A primary medical qualification. Such qualification must be a recognised qualification for enrollment as a medical practitioner in the country in which the institution awarding such qualification is situated. [Para 11) [557-B-C] B 1.2. Admittedly, the provisional degree awarded…
Supreme Court of India22 Feb 2012Full text
2012 INSC 98 · [2012] 1 S.C.R. 1001
Partly allowing the appeal, the Court HELD: 1.1. Section 118 of the Motor Vehicle ActD enables the Central Government to make regulations for the driving of motor vehicles by issuing notification in the Official Gazette. Pursuant to its power under Section 118 of the Act, the Central Government has prescribed the E Rul…
Also on Law on Tips: Bare Acts · Legal news and analysis
- Despite the clear law laid down by Supreme Court, High Courts, while declining to grant leave against judgments· of acquittal, do not indicate reasons for formation of such an D opinion - Judgments of Supreme Court, being binding on all courts, are required to be followed in letter and spirit - That is the constituti…
Supreme Court of India18 Feb 2013Full text
2013 INSC 107 · [2013] 4 S.C.R. 364
In appeal to this Court, a police report was produced whereby it was alleged that the appellant was sympathizer of CPI (Maoist) Party and was also a member of Chaitanya Mahila Samakhya (CMS) a frontal H 366 SUPREME COURT REPORTS [2013] 4 S.C.R. A organization of CPI (Maoist). Disposing of the appeal, the Court HELD: 1.…
Supreme Court of India15 Feb 2013Full text
2013 INSC 106 · [2013] 5 S.C.R. 18
STATE OF PUNJAB v. SAUL SABHLOK AND ORS. 19 Constitution of India, 1950 - Art.226 - Power under - A Exercise of- Scope - Held: Art.226 vests in the High Court the power to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including wr…
Supreme Court of India15 Feb 2013Full text
2013 INSC 105 · [2013] 1 S.C.R. 1079
The appellant and another were prosecuted for committing offences punishable ulss. 364134, 302, 120-B and 201 IPC. The prosecution case was that regarding G the quality of milk supplied by the appellant at the tea stall of 'R' the father of the informant, there arose a dispute between the two. On 16.12.2002 at about 8 …
Supreme Court of India15 Feb 2013Full text
2013 INSC 104 · [2013] 1 S.C.R. 1070
Vidya Dhar Gaur for the Appellant. Sonia Mathur, Sushi! Kumar Dubey, Pragati Neekhra for H the Respondent. VIVEK KALRA v. STAT…
Supreme Court of India14 Feb 2013Full text
2013 INSC 103 · [2013] 1 S.C.R. 1053
[2013] 1 S.C.R. 1053 SURENDER KAUSHIK AND OTHERS A v. STATE OF UTTAR PRADESH AND OTHERS (Criminal Appeal No. 305 of 2013) FEBRUARY 14, 2013 B [K.5. RADHAKRISHNAN AND DIPAK MISRA, JJ.] FIR - Lodgment of two Fl Rs - In respect of same incident - Permissibility - Held - Lodgment of two FIRs is not permissible in respect o…
Supreme Court of India13 Feb 2013Full text
2013 INSC 102 · [2013] 3 S.C.R. 416
Allowing the appeals, the Court HELD: 1. The higher courts every day come across G orders of the lower courts which are not justified either in law or in fact and modify them or set them aside. The legal . system acknowledges the fallibility of the Judges, hence it provides appeals and revisions. Inasmuch as the lower …
Supreme Court of India13 Feb 2013Full text
2013 INSC 101 · [2013] 3 S.C.R. 392
H 392 LIFE CONVICT BENGAL @ KHOKA @ PRASANTA 393 SEN v. B.K. SRIVASTAVA . Contempt of Court - Life convict filed writ of Habeas A Corpus for his immediate release stating that he had already undergone full sentence of 20 years with remission - Supreme Court directed the respondents- State of West Bengal to consider the…
Supreme Court of India13 Feb 2013Full text
2013 INSC 100 · [2013] 4 S.C.R. 121
The School Service Commission took no further steps in the matter nor was the panel published. This led D to the filing of Writ Petition No.5866 of 2009 filed by respondent No.1 in which he sought a mandamus directing the School Service Commission to recommend his name for appointment against the available vacancy. The…
Supreme Court of India7 Jan 2013Full text
2013 INSC 10 · [2013] 1 S.C.R. 154
[2013] 1 S.C.R. 154 A PARBIN ALI AND ANOTHER v. STATE OF ASSAM (Criminal Appeal No. 1037 of 2008) JANUARY 07, 2013 B [K.S. RADHAKRISHNAN AND DIPAK MISRA, JJ.] Penal Code, 1860: c s. 302134 - Murder - Oral dying declaration made to witnesses naming the accused - Conviction and sentence of life imprisonment affirmed by H…
Supreme Court of India2 Jan 2013Full text
2013 INSC 1 · [2013] 1 S.C.R. 1
Judgment of High Court - Use of harsh language against authorities - Held: Judges must not use strong and carping B language, rather they must act with sobriety, moderation and restraint - In the instant case, the Judge ought to have maintained a calm disposition and should not have used harsh language against a Consti…
Supreme Court of India2013
(2013) 14 SCC 461
Laid down comprehensive principles governing Section 311; power cannot be exercised to fill up lacunae of prosecution, but to arrive at the truth. | Principles for summoning material witnesses applied to Section 348 BNSS.
Supreme Court of India2013
(2013) 10 SCC 609
Presumption under Section 113B as to dowry death is mandatory ('shall presume'); once prosecution proves cruelty soon before death, burden shifts squarely on accused. | Mandatory presumption as to dowry death applied to Section 118 BSA (corresponding to Section 113B IEA).
Supreme Court of India2013
(2013) 4 SCC 333
Test of applicability of Section 10: whether the final decision in previous suit would operate as res judicata in subsequent suit; identity of entire subject matter required.
Supreme Court of India2012
(2012) 6 SCC 613
Corporate holding structures and tax planning: corporate veil can be pierced only where structure is a sham or bogus device designed to evade legal obligations.
Supreme Court of India2012
(2013) 5 SCC 762
Distinction between further investigation, re-investigation, and de novo investigation; Magistrate has power to order further investigation under 173(8) even post-cognizance. | Further investigation powers and submission of police report applied to Section 193 BNSS.
Supreme Court of India19 Jan 2012Full text
[2012] 2 S.C.R. 303
304 SUPREME COURT REPORTS [2012] 2 S.C.R. 1 A said extent - U. P. Zamindari Abolition and Land Reforms Act, 1951 - s. 169. Transfer of Property Act, 1882 - s. 52 - Doctrine of '/is pendens' - Held: Pendency of a suit or a proceeding shall B be deemed to continue until the suit or a proceeding is disposed of by final de…
Supreme Court of India22 Feb 2012Full text
2012 INSC 99 · [2012] 3 S.C.R. 550
552 SUPREME COURT REPORTS [2012) 3 S.C.R. A primary medical qualification. Such qualification must be a recognised qualification for enrollment as a medical practitioner in the country in which the institution awarding such qualification is situated. [Para 11) [557-B-C] B 1.2. Admittedly, the provisional degree awarded…
Supreme Court of India22 Feb 2012Full text
2012 INSC 98 · [2012] 1 S.C.R. 1001
Partly allowing the appeal, the Court HELD: 1.1. Section 118 of the Motor Vehicle ActD enables the Central Government to make regulations for the driving of motor vehicles by issuing notification in the Official Gazette. Pursuant to its power under Section 118 of the Act, the Central Government has prescribed the E Rul…
Also on Law on Tips: Bare Acts · Legal news and analysis