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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.
561–580 · Page 29 of 382
Supreme Court of India22 Apr 2019Full text
2019 INSC 547 · [2019] 6 S.C.R. 638
directing that subject to deposit of 50% of the interest by way of recovery, no coercive measure be taken against the appellant – Plea of appellant that after the impugned interim order was passed, about 33 percent of amount of interest has already been realised from the appellant – Held: Writ petition filed by the app…
Supreme Court of India22 Apr 2019Full text
2019 INSC 546 · [2019] 6 S.C.R. 653
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.
561–580 · Page 29 of 382
Supreme Court of India22 Apr 2019Full text
2019 INSC 547 · [2019] 6 S.C.R. 638
directing that subject to deposit of 50% of the interest by way of recovery, no coercive measure be taken against the appellant – Plea of appellant that after the impugned interim order was passed, about 33 percent of amount of interest has already been realised from the appellant – Held: Writ petition filed by the app…
Supreme Court of India22 Apr 2019Full text
2019 INSC 546 · [2019] 6 S.C.R. 653
Dismissing the appeals, the Court D HELD: 1.1 As per Rule 35 of the Bihar Forest Service Rules, 1953, the seniority of officers appointed to the Bihar Forest Service has to be determined with reference to the date of their substantive appointment. An appointment in substantive capacity is one which is not fortuitous or…
Supreme Court of India22 Apr 2019Full text
2019 INSC 545 · [2019] 6 S.C.R. 194
With Civil Appeal Nos. 3092, 3087, 3088, 3089, 3091, 3090, 3093, 3094 and 3095 of 2016. E Dr. Manish Singhvi, Sr. Adv., Sandeep Jha, Milind Kumar, Advs. for the Appellantss. Soutik Banerjee, Gaurav Agrawal, Mrs. K. Sarada Devi, Advs. for the Respondent. F The Judgment of the…
Supreme Court of India16 Apr 2019Full text
2019 INSC 544 · [2019] 6 S.C.R. 188
188 PR. COMMISSIONER OF INCOME TAX CENTRAL 2 v. 189 M/S A.A. ESTATE PVT. LTD. H. R. Rao, P. V. Yogeswaran, Mrs.Anil Katiyar, Advs. for the A Appellant. Salil Kapoor, Sumit Lalchandani, Praveen Swarup, Advs. for the Respondent. The Judgment of the Court was delivered by B ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. Thi…
Supreme Court of India16 Apr 2019Full text
2019 INSC 543 · [2019] 6 S.C.R. 130
130 SUPREME COURT[2019]REPORTS6 S.C.R. 130 [2019] 6 S.C.R. A DR RS GREWAL & ORS. v. CHANDER PARKASH SONI & ANR. (Civil Appeal No. 11086 of 2018) APRIL 16, 2019 B [DR DHANANJAYA Y CHANDRACHUD AND HEMANT GUPTA, JJ.] Landlord-Tenant Dispute: Rent control legislation – Protection under – Maintainability of suit for possess…
Supreme Court of India18 Apr 2019Full text
2019 INSC 542 · [2019] 6 S.C.R. 150
On appeal, held: High Court though admitted the defendant’s second appeal by framing six substantial questions of law for its hearing but none of the substantial questions were answered – Instead, High Court discussed all other issues, which were not the subject matter of the six questions framed – s.100(5) CPC provide…
Supreme Court of India16 Apr 2019Full text
2019 INSC 541 · [2019] 6 S.C.R. 814
Green tribunal – Appeal thereagainst – Appellant’s case that as a result of the order passed by the tribunal, appellant has been completely shut out from redress in the proceedings pending before the NGT – Held :Consequence of the impugned order is to effectively shut out the appellant from addressing its objections to…
Supreme Court of India16 Apr 2019Full text
2019 INSC 540 · [2019] 6 S.C.R. 58
s. 21 (b) – Revisional jurisdiction – Exercise of, by the National Commission – Held: Revisional jurisdiction of the National B Commission is a limited jurisdiction, to be exercised in case the State Commission lacked jurisdiction, or acted with illegality or material irregularity. Allowing the appeal, the Court C HELD…
Supreme Court of India17 Jan 2019Full text
2019 INSC 54 · [2019] 1 S.C.R. 248
A. Sirajudeen, Sr. Adv., Ms. Minakshi Vij, Ms. Sudesh Kumari, C Advs. for the Appellant. Ms. Vanshaja Shukla, Arjun Garg, Advs. for the Respondent.…
Supreme Court of India16 Apr 2019Full text
2019 INSC 538 · [2019] 6 S.C.R. 68
may be passed for taking his evidence by issuing c…
Supreme Court of India16 Apr 2019Full text
2019 INSC 537 · [2019] 6 S.C.R. 97
could not appoint an arbitrator, and any such appointment would be null and void – In view of TRF judgment, in the instant case, validity of appointment of arbitrator challenged by the Managing Director himself – Held: In the instant case, appointment of the arbitrator was after the introduction of s.12(5) in the statu…
Supreme Court of India16 Apr 2019Full text
2019 INSC 536 · [2019] 6 S.C.R. 82
directed the investigating officer to further investigate and submit the report, which is not permissible – Such course of action is beyond the jurisdictional competence of the Magistrate – Thus, the order by the Magistrate ordering further investigation after he discharged the accused, cannot be sustained and is set a…
Supreme Court of India16 Apr 2019Full text
2019 INSC 535 · [2019] 6 S.C.R. 121
Art. 142. Disposing of the appeals, the Court HELD: Appellant has never raised a grievance that she has not been delivered possession of the plot allotted but, the facts on record, particularly on the basis of counter-affidavit of G the respondents, leaves no manner of doubt that the possession of plot allotted to the …
Supreme Court of India15 Apr 2019Full text
2019 INSC 531 · [2019] 5 S.C.R. 876
Allowing the appeal, the Court E HELD : 1.1 The High Court did not examine the case with a view to find out as to whether the allegations made in the complaint prima facie make out the offences falling under Sections 323, 379 read with Section 34 IPC or not. Instead the High Court gave importance to the fact that since…
Supreme Court of India17 Jan 2019Full text
2019 INSC 53 · [2019] 1 S.C.R. 991
2. The first submission on behalf of the appellant is no longer res integra. A decision of a three Judge Bench of this Court in Aneeta Hada v. Godfather Travels and Tours Private Limited F governs the area of dispute. The issue which fell for consideration was whether an authorized signatory of a company would be liabl…
Supreme Court of India15 Apr 2019Full text
2019 INSC 529 · [2019] 5 S.C.R. 864
the service of permanent employee, authority should have conducted an enquiry – Division Bench of High Court upheld the order of Single Judge in LPA – On appeal, held: Service rendered in pursuance of an illegal appointment or promotion cannot be equated to service rendered in pursuance of a valid and lawful appointmen…
Supreme Court of India15 Apr 2019Full text
2019 INSC 528 · [2019] 6 S.C.R. 47
two medical reports arise only when the prosecution leads evidence by examining the doctors in support of the medical reports – That stage was yet to come in this case – Mere perusal of the medical reports filed by the prosecution prima facie showed that a case under s.307 was made out against respondent Nos. 2 to 4 an…
Supreme Court of India15 Apr 2019Full text
2019 INSC 526 · [2019] 6 S.C.R. 51
specific performance of the agreement on the ground that the plaintiff has failed to prove that he was ready and willing to perform his part of the agreement – High Court further held that there was nothing to show that as to when and how payment of Rs. 6.75 lacs was made out of balance sale consideration – On appeal, …
Supreme Court of India15 Apr 2019Full text
2019 INSC 525 · [2019] 6 S.C.R. 41
concerned, the same stands abated on account of his death. [Para 7][44-B] 1.2 Appellant No.2 was born on 14.06.1980 whereas the date of commission of the offence is 04.01.1998. It is, therefore, an admitted fact that appellant No. 2 was a juvenile (he was below Gthe age of 18 years, i.e., he was 17 years and 5 months) …
Supreme Court of India12 Apr 2019Full text
2019 INSC 523 · [2019] 5 S.C.R. 771
Court, it was appropriate that the State Government ought to have apprised the Court before issuing any Government order for transferring the cases – In any view of the matter looking to the large number of cases of idol thefts cases and cases to come in future regarding idol thefts, the CBI was not appropriate H 771 7…
Also on Law on Tips: Bare Acts · Legal news and analysis
Dismissing the appeals, the Court D HELD: 1.1 As per Rule 35 of the Bihar Forest Service Rules, 1953, the seniority of officers appointed to the Bihar Forest Service has to be determined with reference to the date of their substantive appointment. An appointment in substantive capacity is one which is not fortuitous or…
Supreme Court of India22 Apr 2019Full text
2019 INSC 545 · [2019] 6 S.C.R. 194
With Civil Appeal Nos. 3092, 3087, 3088, 3089, 3091, 3090, 3093, 3094 and 3095 of 2016. E Dr. Manish Singhvi, Sr. Adv., Sandeep Jha, Milind Kumar, Advs. for the Appellantss. Soutik Banerjee, Gaurav Agrawal, Mrs. K. Sarada Devi, Advs. for the Respondent. F The Judgment of the…
Supreme Court of India16 Apr 2019Full text
2019 INSC 544 · [2019] 6 S.C.R. 188
188 PR. COMMISSIONER OF INCOME TAX CENTRAL 2 v. 189 M/S A.A. ESTATE PVT. LTD. H. R. Rao, P. V. Yogeswaran, Mrs.Anil Katiyar, Advs. for the A Appellant. Salil Kapoor, Sumit Lalchandani, Praveen Swarup, Advs. for the Respondent. The Judgment of the Court was delivered by B ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. Thi…
Supreme Court of India16 Apr 2019Full text
2019 INSC 543 · [2019] 6 S.C.R. 130
130 SUPREME COURT[2019]REPORTS6 S.C.R. 130 [2019] 6 S.C.R. A DR RS GREWAL & ORS. v. CHANDER PARKASH SONI & ANR. (Civil Appeal No. 11086 of 2018) APRIL 16, 2019 B [DR DHANANJAYA Y CHANDRACHUD AND HEMANT GUPTA, JJ.] Landlord-Tenant Dispute: Rent control legislation – Protection under – Maintainability of suit for possess…
Supreme Court of India18 Apr 2019Full text
2019 INSC 542 · [2019] 6 S.C.R. 150
On appeal, held: High Court though admitted the defendant’s second appeal by framing six substantial questions of law for its hearing but none of the substantial questions were answered – Instead, High Court discussed all other issues, which were not the subject matter of the six questions framed – s.100(5) CPC provide…
Supreme Court of India16 Apr 2019Full text
2019 INSC 541 · [2019] 6 S.C.R. 814
Green tribunal – Appeal thereagainst – Appellant’s case that as a result of the order passed by the tribunal, appellant has been completely shut out from redress in the proceedings pending before the NGT – Held :Consequence of the impugned order is to effectively shut out the appellant from addressing its objections to…
Supreme Court of India16 Apr 2019Full text
2019 INSC 540 · [2019] 6 S.C.R. 58
s. 21 (b) – Revisional jurisdiction – Exercise of, by the National Commission – Held: Revisional jurisdiction of the National B Commission is a limited jurisdiction, to be exercised in case the State Commission lacked jurisdiction, or acted with illegality or material irregularity. Allowing the appeal, the Court C HELD…
Supreme Court of India17 Jan 2019Full text
2019 INSC 54 · [2019] 1 S.C.R. 248
A. Sirajudeen, Sr. Adv., Ms. Minakshi Vij, Ms. Sudesh Kumari, C Advs. for the Appellant. Ms. Vanshaja Shukla, Arjun Garg, Advs. for the Respondent.…
Supreme Court of India16 Apr 2019Full text
2019 INSC 538 · [2019] 6 S.C.R. 68
may be passed for taking his evidence by issuing c…
Supreme Court of India16 Apr 2019Full text
2019 INSC 537 · [2019] 6 S.C.R. 97
could not appoint an arbitrator, and any such appointment would be null and void – In view of TRF judgment, in the instant case, validity of appointment of arbitrator challenged by the Managing Director himself – Held: In the instant case, appointment of the arbitrator was after the introduction of s.12(5) in the statu…
Supreme Court of India16 Apr 2019Full text
2019 INSC 536 · [2019] 6 S.C.R. 82
directed the investigating officer to further investigate and submit the report, which is not permissible – Such course of action is beyond the jurisdictional competence of the Magistrate – Thus, the order by the Magistrate ordering further investigation after he discharged the accused, cannot be sustained and is set a…
Supreme Court of India16 Apr 2019Full text
2019 INSC 535 · [2019] 6 S.C.R. 121
Art. 142. Disposing of the appeals, the Court HELD: Appellant has never raised a grievance that she has not been delivered possession of the plot allotted but, the facts on record, particularly on the basis of counter-affidavit of G the respondents, leaves no manner of doubt that the possession of plot allotted to the …
Supreme Court of India15 Apr 2019Full text
2019 INSC 531 · [2019] 5 S.C.R. 876
Allowing the appeal, the Court E HELD : 1.1 The High Court did not examine the case with a view to find out as to whether the allegations made in the complaint prima facie make out the offences falling under Sections 323, 379 read with Section 34 IPC or not. Instead the High Court gave importance to the fact that since…
Supreme Court of India17 Jan 2019Full text
2019 INSC 53 · [2019] 1 S.C.R. 991
2. The first submission on behalf of the appellant is no longer res integra. A decision of a three Judge Bench of this Court in Aneeta Hada v. Godfather Travels and Tours Private Limited F governs the area of dispute. The issue which fell for consideration was whether an authorized signatory of a company would be liabl…
Supreme Court of India15 Apr 2019Full text
2019 INSC 529 · [2019] 5 S.C.R. 864
the service of permanent employee, authority should have conducted an enquiry – Division Bench of High Court upheld the order of Single Judge in LPA – On appeal, held: Service rendered in pursuance of an illegal appointment or promotion cannot be equated to service rendered in pursuance of a valid and lawful appointmen…
Supreme Court of India15 Apr 2019Full text
2019 INSC 528 · [2019] 6 S.C.R. 47
two medical reports arise only when the prosecution leads evidence by examining the doctors in support of the medical reports – That stage was yet to come in this case – Mere perusal of the medical reports filed by the prosecution prima facie showed that a case under s.307 was made out against respondent Nos. 2 to 4 an…
Supreme Court of India15 Apr 2019Full text
2019 INSC 526 · [2019] 6 S.C.R. 51
specific performance of the agreement on the ground that the plaintiff has failed to prove that he was ready and willing to perform his part of the agreement – High Court further held that there was nothing to show that as to when and how payment of Rs. 6.75 lacs was made out of balance sale consideration – On appeal, …
Supreme Court of India15 Apr 2019Full text
2019 INSC 525 · [2019] 6 S.C.R. 41
concerned, the same stands abated on account of his death. [Para 7][44-B] 1.2 Appellant No.2 was born on 14.06.1980 whereas the date of commission of the offence is 04.01.1998. It is, therefore, an admitted fact that appellant No. 2 was a juvenile (he was below Gthe age of 18 years, i.e., he was 17 years and 5 months) …
Supreme Court of India12 Apr 2019Full text
2019 INSC 523 · [2019] 5 S.C.R. 771
Court, it was appropriate that the State Government ought to have apprised the Court before issuing any Government order for transferring the cases – In any view of the matter looking to the large number of cases of idol thefts cases and cases to come in future regarding idol thefts, the CBI was not appropriate H 771 7…
Also on Law on Tips: Bare Acts · Legal news and analysis