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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.
5,821–5,840 · Page 292 of 382
Supreme Court of India13 Dec 2012Full text
2012 INSC 601 · [2012] 12 S.C.R. 818
s. 12 - Plea of contemnor that directions or guidelines issued by Supreme Court for general implementation cannot invite proceedings under the Act - Held: Not tenable -H 818 PRIYA GUPTA AND ANR. v. ADDL. SECY. MINISTRY OF 819 HEALTH AND FAMILYWaFARE Violation of general directions issued by Supreme Court A would attrac…
Supreme Court of India13 Dec 2012Full text
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.
5,821–5,840 · Page 292 of 382
Supreme Court of India13 Dec 2012Full text
2012 INSC 601 · [2012] 12 S.C.R. 818
s. 12 - Plea of contemnor that directions or guidelines issued by Supreme Court for general implementation cannot invite proceedings under the Act - Held: Not tenable -H 818 PRIYA GUPTA AND ANR. v. ADDL. SECY. MINISTRY OF 819 HEALTH AND FAMILYWaFARE Violation of general directions issued by Supreme Court A would attrac…
Supreme Court of India13 Dec 2012Full text
2012 INSC 600 · [2012] 13 S.C.R. 810
- The defaulting body would be liable for the proceedings for H 810 MAA VAISHNO DEVI MAHILA MAHAVIDYALAYA v. 811 STATE OF U.P. & ORS. contempt of courts and for departmental disciplinary action - A There is some over-lapping and contradiction between the dates and period stated under the Regulations inter se and even w…
Supreme Court of India1 Feb 2012Full text
2012 INSC 60 · [2012] 3 S.C.R. 114
- It is equally well settled that a judgment cannot be read as a statute - It has to be read in the context of the facts discussed in it- Negotiable Instruments Act, 1881 - s.147. c COMPANIES ACT, 1956: s.391 - Sanction of scheme -Held: The proposed scheme cannot be violative of any provision of law, nor can it be cont…
Supreme Court of India5 Jan 2012Full text
2012 INSC 6 · [2012] 1 S.C.R. 26
Rekha Vs. State of Tamil Nadu through Secretary to Government and Anr. 2011 (5) SCC 244; Yumman Ongbi H 26 MUNAGALA YADAMMA v. STATE OF A.P. & ORS. 27 Lembi Leima Vs. State of Manipur & Ors. Criminal Appeal A No.26 of 2012- relied on. G.Reddelah Vs. The Govt.of Andhra Pradesh and Anr. 2011 (10) SCALE 224 - referred to.…
Supreme Court of India13 Dec 2012Full text
2012 INSC 599 · [2012] 12 S.C.R. 795
K. CHANDRASHEKAR RAO Grievances and Pension, Government of India had issued A a circular on 09-10-1998 declaring its policy in the form of a Scheme for Compassionate appointment under the Central Government. The compassionate appointments can be made upto a maximum of 5% of vacancies falling under direct recruitment qu…
Supreme Court of India13 Dec 2012Full text
2012 INSC 598 · [2012] 13 S.C.R. 265
- It was not permissible for the government to take recourse to Para 7.06 (3) in the manner in which it has done - High Court has held that the request for renewal has been declined E by a decision en block, without considering the recommendation of District Judge and District Magistrate -The arbitrary act of the State…
Supreme Court of India13 Dec 2012Full text
2012 INSC 597 · [2012] 13 S.C.R. 230
G Pursuant to the directions of the Court and in exercise of the powers conferred under Section 230(2) of the High Court Judges (Salaries and Conditions of 230H SECR., MIN. OF H. & FAMILY WELFARE, GOVT. OF 231 MAHARASHTRA v. S.C. MALTE Service) Act, 1954, the State Government of Maharashtra A drafted the Maharashtra Re…
Supreme Court of India13 Dec 2012Full text
2012 INSC 596 · [2012] 13 S.C.R. 1150
The prosecution case was that appellant-accused had a heated altercation with PW1 and his brother while E they were drawing water from the village pond (water tank); that thereafter, appellant suddenly went running to his house and came back with the other accused who had a cloth bag in his hand and that thereafter app…
Supreme Court of India13 Dec 2012Full text
2012 INSC 595 · [2012] 11 S.C.R. 1114
RADHAKRISHNA NAGESH v. STATE OF ANDHRA 1115 PRADESH accompanied him to the store room, brought both the A accused and PW2 to the police station, and got an FIR registered on his own statement, the investigation of which was conducted by PW11 - No reason to disbelieve the statements of PW1, PW2, PW3, PW5(mother of PW2) …
Supreme Court of India13 Dec 2012Full text
2012 INSC 594 · [2012] 11 S.C.R. 1100
Practice and Procedure - New Plea - Raised before Supreme Court - Permissibility - Held: Not permissible -G Determination of new plea may deprive either of the parties of a right to appeal to Supreme Court - Such deprivation can be construed as prejudicial to the rights and interest of the parties. H 1100 '' STATE OF P…
Supreme Court of India13 Dec 2012Full text
2012 INSC 593 · [2012] 13 S.C.R. 1093
orality, health and other provisions stated in Part Ill of the Constitution. All persons are equally entitled to freedom E of conscience and the right to freely profess, practice and propagate religion. Again this right is subject to re…
Supreme Court of India13 Dec 2012Full text
2012 INSC 592 · [2012] 13 S.C.R. 1067
In appeal to this Court, appellants contended that the prosecution did not establish the case beyond reasonable doubt; that PWs 3 to PW7 were not reliable as they were Interested witnesses by the virtue of being F related to the deceased; that the statements of PWs were contradictory and that PWs 8 and 9 being hostile …
Supreme Court of India13 Dec 2012Full text
2012 INSC 591 · [2012] 11 S.C.R. 1057
G ss. 10 and 23 of the Act and Regulation 8(15) of 1994 Regulations - Application for grant of approval to shifting of Engineering College - AICTE granting approval for academic 1057 H 1058 SUPREME COURT REPORTS [2012] 11 S.C.R. A years 2008-2009 and 2009-2010, albeit to operate the College only from the approved locat…
Supreme Court of India13 Dec 2012Full text
2012 INSC 590 · [2012] 13 S.C.R. 1049
F 2.1 It is neither possible nor permissible to define or lay down any straightjacket formula which can universally be applied to all cases requiring Court's determination in relation to im…
Supreme Court of India31 Jan 2012Full text
2012 INSC 59 · [2012] 3 S.C.R. 52
DR. SUBRAMANIAN SWAMY v. DR. MANMOHAN 53 SINGH AND ANR. that grant of sanction for prosecution of a public servant arises A only at the stage of taking cognizance and any request made prior to that is premature - While considering grant or refusal of sanction, the Competent Authority is to see whether the material coll…
Supreme Court of India13 Dec 2012Full text
2012 INSC 589 · [2012] 11 S.C.R. 1032
[2012] 11 S.C.R. 1032 A BIHAR PUBLIC SERVICE COMMISSION v. SAIYED HUSSAIN ABBAS RIZWI & ANR. (Civil Appeal No. 9052 of 2012) DECEMBER 13, 2012 B [SWATANTER KUMAR AND SUDHANSU JYOTI MUKHOPADHAYA, JJ.] RIGHT TO INFORMATON ACT, 2005 c s. 2(h) - 'Public authority' - Held: Public Service · Commission shall be a public autho…
Supreme Court of India13 Dec 2012Full text
2012 INSC 588 · [2012] 11 S.C.R. 1010
[2012] 11 S.C.R. 1010 A KISHAN CHAND v. STATE OF HARYANA (Criminal Appeal No. 1375 of 2008) DECEMBER 13, 2012 B [SWATANTER KUMAR AND MADAN B. LOKUR, JJ.] Narcotics Drugs and Psychotropic Substances Act, 1985: c s.42 - Non-compliance of - Held: Provisions of s. 42 or s. 50 being mandatory require exact and definite comp…
Supreme Court of India12 Dec 2012Full text
2012 INSC 586 · [2012] 11 S.C.R. 825
The respondent-husband filed a writ petition before the High Court challenging the order dated 13.2.2008 of G the trial court granting interim maintenance to the appellant-wife in her petition u/s 12 of the Protection of Women from Domestic Violence Act, 2005(DV Act, 2005). Meanwhile, the respondent filed an applicatio…
Supreme Court of India12 Dec 2012Full text
2012 INSC 585 · [2012] 11 S.C.R. 802
B Meanwhile appellant no.1 died and therefore, the SLP filed on his behalf became infructuous. However, appellant no.1 made a prayer to substitute her as the legal representative of appellant no.2 and pursue his appeal as well in order to enable her to get the monetary benefits C from the employer of appellant no.2. Di…
Supreme Court of India12 Dec 2012Full text
2012 INSC 584 · [2012] 13 S.C.R. 777
Instant appeals were flied by A-1, A-2 and A·3. H Disposing of the appeals, the Court DR. MOHAMMAD KHALIL CHISTI v. STATE OF 779 RAJASTHAN HELD: 1.1 The analysis of the prosecution case has A led two sets of evidence. The evidence adduced suggests that the accused in the present appeals are to some extent victims of ar…
Also on Law on Tips: Bare Acts · Legal news and analysis
2012 INSC 600 · [2012] 13 S.C.R. 810
- The defaulting body would be liable for the proceedings for H 810 MAA VAISHNO DEVI MAHILA MAHAVIDYALAYA v. 811 STATE OF U.P. & ORS. contempt of courts and for departmental disciplinary action - A There is some over-lapping and contradiction between the dates and period stated under the Regulations inter se and even w…
Supreme Court of India1 Feb 2012Full text
2012 INSC 60 · [2012] 3 S.C.R. 114
- It is equally well settled that a judgment cannot be read as a statute - It has to be read in the context of the facts discussed in it- Negotiable Instruments Act, 1881 - s.147. c COMPANIES ACT, 1956: s.391 - Sanction of scheme -Held: The proposed scheme cannot be violative of any provision of law, nor can it be cont…
Supreme Court of India5 Jan 2012Full text
2012 INSC 6 · [2012] 1 S.C.R. 26
Rekha Vs. State of Tamil Nadu through Secretary to Government and Anr. 2011 (5) SCC 244; Yumman Ongbi H 26 MUNAGALA YADAMMA v. STATE OF A.P. & ORS. 27 Lembi Leima Vs. State of Manipur & Ors. Criminal Appeal A No.26 of 2012- relied on. G.Reddelah Vs. The Govt.of Andhra Pradesh and Anr. 2011 (10) SCALE 224 - referred to.…
Supreme Court of India13 Dec 2012Full text
2012 INSC 599 · [2012] 12 S.C.R. 795
K. CHANDRASHEKAR RAO Grievances and Pension, Government of India had issued A a circular on 09-10-1998 declaring its policy in the form of a Scheme for Compassionate appointment under the Central Government. The compassionate appointments can be made upto a maximum of 5% of vacancies falling under direct recruitment qu…
Supreme Court of India13 Dec 2012Full text
2012 INSC 598 · [2012] 13 S.C.R. 265
- It was not permissible for the government to take recourse to Para 7.06 (3) in the manner in which it has done - High Court has held that the request for renewal has been declined E by a decision en block, without considering the recommendation of District Judge and District Magistrate -The arbitrary act of the State…
Supreme Court of India13 Dec 2012Full text
2012 INSC 597 · [2012] 13 S.C.R. 230
G Pursuant to the directions of the Court and in exercise of the powers conferred under Section 230(2) of the High Court Judges (Salaries and Conditions of 230H SECR., MIN. OF H. & FAMILY WELFARE, GOVT. OF 231 MAHARASHTRA v. S.C. MALTE Service) Act, 1954, the State Government of Maharashtra A drafted the Maharashtra Re…
Supreme Court of India13 Dec 2012Full text
2012 INSC 596 · [2012] 13 S.C.R. 1150
The prosecution case was that appellant-accused had a heated altercation with PW1 and his brother while E they were drawing water from the village pond (water tank); that thereafter, appellant suddenly went running to his house and came back with the other accused who had a cloth bag in his hand and that thereafter app…
Supreme Court of India13 Dec 2012Full text
2012 INSC 595 · [2012] 11 S.C.R. 1114
RADHAKRISHNA NAGESH v. STATE OF ANDHRA 1115 PRADESH accompanied him to the store room, brought both the A accused and PW2 to the police station, and got an FIR registered on his own statement, the investigation of which was conducted by PW11 - No reason to disbelieve the statements of PW1, PW2, PW3, PW5(mother of PW2) …
Supreme Court of India13 Dec 2012Full text
2012 INSC 594 · [2012] 11 S.C.R. 1100
Practice and Procedure - New Plea - Raised before Supreme Court - Permissibility - Held: Not permissible -G Determination of new plea may deprive either of the parties of a right to appeal to Supreme Court - Such deprivation can be construed as prejudicial to the rights and interest of the parties. H 1100 '' STATE OF P…
Supreme Court of India13 Dec 2012Full text
2012 INSC 593 · [2012] 13 S.C.R. 1093
orality, health and other provisions stated in Part Ill of the Constitution. All persons are equally entitled to freedom E of conscience and the right to freely profess, practice and propagate religion. Again this right is subject to re…
Supreme Court of India13 Dec 2012Full text
2012 INSC 592 · [2012] 13 S.C.R. 1067
In appeal to this Court, appellants contended that the prosecution did not establish the case beyond reasonable doubt; that PWs 3 to PW7 were not reliable as they were Interested witnesses by the virtue of being F related to the deceased; that the statements of PWs were contradictory and that PWs 8 and 9 being hostile …
Supreme Court of India13 Dec 2012Full text
2012 INSC 591 · [2012] 11 S.C.R. 1057
G ss. 10 and 23 of the Act and Regulation 8(15) of 1994 Regulations - Application for grant of approval to shifting of Engineering College - AICTE granting approval for academic 1057 H 1058 SUPREME COURT REPORTS [2012] 11 S.C.R. A years 2008-2009 and 2009-2010, albeit to operate the College only from the approved locat…
Supreme Court of India13 Dec 2012Full text
2012 INSC 590 · [2012] 13 S.C.R. 1049
F 2.1 It is neither possible nor permissible to define or lay down any straightjacket formula which can universally be applied to all cases requiring Court's determination in relation to im…
Supreme Court of India31 Jan 2012Full text
2012 INSC 59 · [2012] 3 S.C.R. 52
DR. SUBRAMANIAN SWAMY v. DR. MANMOHAN 53 SINGH AND ANR. that grant of sanction for prosecution of a public servant arises A only at the stage of taking cognizance and any request made prior to that is premature - While considering grant or refusal of sanction, the Competent Authority is to see whether the material coll…
Supreme Court of India13 Dec 2012Full text
2012 INSC 589 · [2012] 11 S.C.R. 1032
[2012] 11 S.C.R. 1032 A BIHAR PUBLIC SERVICE COMMISSION v. SAIYED HUSSAIN ABBAS RIZWI & ANR. (Civil Appeal No. 9052 of 2012) DECEMBER 13, 2012 B [SWATANTER KUMAR AND SUDHANSU JYOTI MUKHOPADHAYA, JJ.] RIGHT TO INFORMATON ACT, 2005 c s. 2(h) - 'Public authority' - Held: Public Service · Commission shall be a public autho…
Supreme Court of India13 Dec 2012Full text
2012 INSC 588 · [2012] 11 S.C.R. 1010
[2012] 11 S.C.R. 1010 A KISHAN CHAND v. STATE OF HARYANA (Criminal Appeal No. 1375 of 2008) DECEMBER 13, 2012 B [SWATANTER KUMAR AND MADAN B. LOKUR, JJ.] Narcotics Drugs and Psychotropic Substances Act, 1985: c s.42 - Non-compliance of - Held: Provisions of s. 42 or s. 50 being mandatory require exact and definite comp…
Supreme Court of India12 Dec 2012Full text
2012 INSC 586 · [2012] 11 S.C.R. 825
The respondent-husband filed a writ petition before the High Court challenging the order dated 13.2.2008 of G the trial court granting interim maintenance to the appellant-wife in her petition u/s 12 of the Protection of Women from Domestic Violence Act, 2005(DV Act, 2005). Meanwhile, the respondent filed an applicatio…
Supreme Court of India12 Dec 2012Full text
2012 INSC 585 · [2012] 11 S.C.R. 802
B Meanwhile appellant no.1 died and therefore, the SLP filed on his behalf became infructuous. However, appellant no.1 made a prayer to substitute her as the legal representative of appellant no.2 and pursue his appeal as well in order to enable her to get the monetary benefits C from the employer of appellant no.2. Di…
Supreme Court of India12 Dec 2012Full text
2012 INSC 584 · [2012] 13 S.C.R. 777
Instant appeals were flied by A-1, A-2 and A·3. H Disposing of the appeals, the Court DR. MOHAMMAD KHALIL CHISTI v. STATE OF 779 RAJASTHAN HELD: 1.1 The analysis of the prosecution case has A led two sets of evidence. The evidence adduced suggests that the accused in the present appeals are to some extent victims of ar…
Also on Law on Tips: Bare Acts · Legal news and analysis