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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.
5,841–5,860 · Page 293 of 382
Supreme Court of India11 Dec 2012Full text
2012 INSC 583 · [2012] 11 S.C.R. 792
Appeal: Criminal appeal - Government Appeal dismissed by E High Court without ascribing reasons - Held: The deliberation by High Court while exercising criminal appellate jurisdiction has to be reflective of due cogitation and requisite rumination - The judgment passed by High Court does not show any contemplation or i…
Supreme Court of India11 Dec 2012Full text
2012 INSC 582 · [2012] 11 S.C.R. 767
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.
5,841–5,860 · Page 293 of 382
Supreme Court of India11 Dec 2012Full text
2012 INSC 583 · [2012] 11 S.C.R. 792
Appeal: Criminal appeal - Government Appeal dismissed by E High Court without ascribing reasons - Held: The deliberation by High Court while exercising criminal appellate jurisdiction has to be reflective of due cogitation and requisite rumination - The judgment passed by High Court does not show any contemplation or i…
Supreme Court of India11 Dec 2012Full text
2012 INSC 582 · [2012] 11 S.C.R. 767
- Held: Keeping in view the language of s.36, the interest of the trust would be in getting the maximum for its immovable property - Charity Commissioner is directed to have a fresh look at the sale of the subject land of the Trust in accordance with the directions of the High Court - However, it would be open to the C…
Supreme Court of India11 Dec 2012Full text
2012 INSC 581 · [2012] 13 S.C.R. 740
The prosecution case was that the appellants and 8 nine other absconding accused entered the house of PW 2, armed with iron rods, with the intention of committing burglary. In the process of burglary, they killed husband of PW2, by strangulating him with a rope and also assaulted PW2, PWS, PW6 and PW1 with iron rod. C …
Supreme Court of India11 Dec 2012Full text
2012 INSC 580 · [2012] 13 S.C.R. 697
Allowing the appeal No. 8916 of 2012 and dismissing the appeal Nos. 8917 and 8918 of 2012, the Court. HELD: 1. The Master Circular on wilful default issued ~7 H 698 SUPREME COURT REPORTS (2012) 13 S.C.R. A by Reserve Bank of India, covers not only wilful defaults of dues by a borrower to the bank but also covers wilful…
Supreme Court of India31 Jan 2012Full text
2012 INSC 58 · [2012] 1 S.C.R. 464
The election to the post of Sarpanch was held in H 464 JOSHNA GOUDA v. BRUNDABAN GOUDA & ANR. 465 2007. The appellant and the first respondent contested A and the appellant was declared elected. The first respondent filed election petition under Section 31 read with Section 34 of the Orissa Gram Panchayat Act, 1964 on …
Supreme Court of India11 Dec 2012Full text
2012 INSC 579 · [2012] 11 S.C.R. 287
E The appellants filed two compensation applications uls 128 of the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act) before the Monopolies and Restrictive Trade Practices Commission (MRTP Commission). On coming into force of the Competition F Act, 2002, the said applications stood transferred to the Comp…
Supreme Court of India11 Dec 2012Full text
2012 INSC 578 · [2012] 11 S.C.R. 256
Practice and Procedure - Divorce petition by husband -On ground of cruelty - Conclusion recorded by courts below relating to desertion by the wife - Held: Uable to be overturned, . since there was no prayer or pleading with regard to desertion in the divorce petition. E Evidence Act, 1872 - s.65 - Secondary evidence re…
Supreme Court of India11 Dec 2012Full text
2012 INSC 577 · [2012] 13 S.C.R. 192
The second respondent filed election petition before the High Court challenging the election of the returned H 192 AJAY MAKEN v. ADESH KUMAR GUPTA & ANR. 193 candidate (appellant) from the New Delhi Parliamentary A Constituency on ground of commission of corrupt practices falling under Section 123(1), (2), (5), (6), (7…
Supreme Court of India11 Dec 2012Full text
2012 INSC 576 · [2012] 13 S.C.R. 174
E The appellant-owner of a goods vehicle, insured the vehicle with the respondent-Insurance Company. The vehicle was hired for carrying goods. When the hirer alongwith his two labourers was going with the goods, the vehicle met with an accident resulting in death of the hirer and the two labourers. F The legal represen…
Supreme Court of India11 Dec 2012Full text
2012 INSC 575 · [2012] 9 S.C.R. 1100
1102 SUPREME COURT REPORTS [2012] 9 S.C.R. A Excise Vadodara v. Gujarat State Fertilizers & Chemicals Ltd., [GSFCL] (2008) 15 SCC 46 and the decision in Commissioner of Central Excise v. Gujarat Narmada Fertilizers Company Limited, (2009) 9 SCC 101. In GSFCL a view has been taken that modvat credit can be taken B on LS…
Supreme Court of India11 Dec 2012Full text
2012 INSC 574 · [2012] 9 S.C.R. 1086
[2012) 9 S.C.R. 1086 A KUKAPALLI MOHAN RAO V. STATE OF A.P. (Criminal Appeal No. 316 of 2008) DECEOMBER 11, 2012 B [K.S. RADHAKRISHNAN AND DIPAK MISRA, JJ.) Penal Code, 1860- s.302 - Murder- Eyewitness account - A/legation that appellant hacked the deceased with an axe C as he suspected that the latter was having illic…
Supreme Court of India11 Dec 2012Full text
2012 INSC 573 · [2012] 11 S.C.R. 585
Art. 58(2) - Qualification for election as President of lndif'l - 'Office of profit' - Respondent holding the post of Leader of House in Lok Sabha - Held (Per majority): The disqualification contemplated on account of holding the post of Leader of the House was with regard to the provisions of G Art.102(1)(a) of the Co…
Supreme Court of India10 Dec 2012Full text
2012 INSC 572 · [2012] 11 S.C.R. 752
Allowing the appeal in part, the Court HELD: 1.1. The consideration of the matter by the Disciplinary Committee, BCI is clearly flawed. It G overlooked the most vital aspect that seven witnesses tendered in evidence by the complainant had stated clearly and unequivocally that the respondent-advocate had filed forged an…
Supreme Court of India7 Dec 2012Full text
2012 INSC 571 · [2012] 11 S.C.R. 683
684 SUPREME COURT REPORTS [2012] 11 S.C.R. A before the Court were: (i) "Whether Article 20(3) of the Constitution of India, which protects a person accused of an offence from being compelled to be a witness against himself, extends to protecting such an accused from being compelled to give his voice sample during the …
Supreme Court of India7 Dec 2012Full text
2012 INSC 570 · [2012] 11 S.C.R. 249
HALLUR W.A. Nos. 1023, 1324 and 1325 on its file and dispose of A the same on merits in accordance with law, after affording opportunity to all the parties including the newly impleaded respondent Nos. 4 to 32 as well as the connected writ petitions pending before the High Court. [Para 9) [255-D-F] B CIVIL APPELLATE JU…
Supreme Court of India31 Jan 2012Full text
2012 INSC 57 · [2012] 1 S.C.R. 456
24746 of 2010. From the Judgment & Order dated 20.08.2010 of the High G Court of Madhya Pradesh, Principal Seat at Jabalpur in Abribtration Appeal No. 8 of 2010. Gagan Gupta for the Petitioner. H 458 SUPREME COURT REPORTS [2012] 1 S.C.R. A Meenakshi Arora for the Respondents. The Judgment of the Court was delivered by …
Supreme Court of India7 Dec 2012Full text
2012 INSC 569 · [2012] 11 S.C.R. 240
Respondent No. 1, who was dismissed from service, was, by order dated 28.2.1980, reappointed at the starting G basic pay of Rs.2961- with a condition that he would not be entitled to any future promotions. Subsequently, he filed a writ petition claiming that he be accorded time bound promotion as per the State Governme…
Supreme Court of India6 Dec 2012Full text
2012 INSC 568 · [2012] 12 S.C.R. 774
Babudas v. State of M.P. 2003 (9) SCC 86 and Baldev D . Singh v. State of Punjab 2009 (6) SCC 564: 2009 (7) SCR 855 - held inapplicable. Jai Prakash and Others v. State of Haryana 1998 (7) sec 284 - cited. E 2.1. A conspectus consideration of the injury report (Exhibit Ka-17) with post-mortem report (Exhibit Ka-13) [as…
Supreme Court of India6 Dec 2012Full text
2012 INSC 567 · [2012] 13 S.C.R. 659
G The appellant-accused, along-with co-accused was prosecuted for robbery and murder. The prosecution case was that three intruders including the appellant-accused, entered the house of complainant (PW 17) 659 H 660 SUPREME COURT REPORTS [2012] 13 S.C.R. A armed with revolvers and knife. They snatched a gold ring and l…
Supreme Court of India4 Dec 2012Full text
2012 INSC 566 · [2012] 12 S.C.R. 727
JAYESH DHANESH GORAGANDHI v. MUNICIPAL CORP. OF 729 GREATER MUMBAI Government immediately so as to implement the scheme. A [Para 45) [772-C-F] 1.3. Once the town planning scheme is finally sanctioned under Section 86, compensation is finally determined by the Arbitrator, the property vests under B Section 88 in the Sta…
Also on Law on Tips: Bare Acts · Legal news and analysis
- Held: Keeping in view the language of s.36, the interest of the trust would be in getting the maximum for its immovable property - Charity Commissioner is directed to have a fresh look at the sale of the subject land of the Trust in accordance with the directions of the High Court - However, it would be open to the C…
Supreme Court of India11 Dec 2012Full text
2012 INSC 581 · [2012] 13 S.C.R. 740
The prosecution case was that the appellants and 8 nine other absconding accused entered the house of PW 2, armed with iron rods, with the intention of committing burglary. In the process of burglary, they killed husband of PW2, by strangulating him with a rope and also assaulted PW2, PWS, PW6 and PW1 with iron rod. C …
Supreme Court of India11 Dec 2012Full text
2012 INSC 580 · [2012] 13 S.C.R. 697
Allowing the appeal No. 8916 of 2012 and dismissing the appeal Nos. 8917 and 8918 of 2012, the Court. HELD: 1. The Master Circular on wilful default issued ~7 H 698 SUPREME COURT REPORTS (2012) 13 S.C.R. A by Reserve Bank of India, covers not only wilful defaults of dues by a borrower to the bank but also covers wilful…
Supreme Court of India31 Jan 2012Full text
2012 INSC 58 · [2012] 1 S.C.R. 464
The election to the post of Sarpanch was held in H 464 JOSHNA GOUDA v. BRUNDABAN GOUDA & ANR. 465 2007. The appellant and the first respondent contested A and the appellant was declared elected. The first respondent filed election petition under Section 31 read with Section 34 of the Orissa Gram Panchayat Act, 1964 on …
Supreme Court of India11 Dec 2012Full text
2012 INSC 579 · [2012] 11 S.C.R. 287
E The appellants filed two compensation applications uls 128 of the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act) before the Monopolies and Restrictive Trade Practices Commission (MRTP Commission). On coming into force of the Competition F Act, 2002, the said applications stood transferred to the Comp…
Supreme Court of India11 Dec 2012Full text
2012 INSC 578 · [2012] 11 S.C.R. 256
Practice and Procedure - Divorce petition by husband -On ground of cruelty - Conclusion recorded by courts below relating to desertion by the wife - Held: Uable to be overturned, . since there was no prayer or pleading with regard to desertion in the divorce petition. E Evidence Act, 1872 - s.65 - Secondary evidence re…
Supreme Court of India11 Dec 2012Full text
2012 INSC 577 · [2012] 13 S.C.R. 192
The second respondent filed election petition before the High Court challenging the election of the returned H 192 AJAY MAKEN v. ADESH KUMAR GUPTA & ANR. 193 candidate (appellant) from the New Delhi Parliamentary A Constituency on ground of commission of corrupt practices falling under Section 123(1), (2), (5), (6), (7…
Supreme Court of India11 Dec 2012Full text
2012 INSC 576 · [2012] 13 S.C.R. 174
E The appellant-owner of a goods vehicle, insured the vehicle with the respondent-Insurance Company. The vehicle was hired for carrying goods. When the hirer alongwith his two labourers was going with the goods, the vehicle met with an accident resulting in death of the hirer and the two labourers. F The legal represen…
Supreme Court of India11 Dec 2012Full text
2012 INSC 575 · [2012] 9 S.C.R. 1100
1102 SUPREME COURT REPORTS [2012] 9 S.C.R. A Excise Vadodara v. Gujarat State Fertilizers & Chemicals Ltd., [GSFCL] (2008) 15 SCC 46 and the decision in Commissioner of Central Excise v. Gujarat Narmada Fertilizers Company Limited, (2009) 9 SCC 101. In GSFCL a view has been taken that modvat credit can be taken B on LS…
Supreme Court of India11 Dec 2012Full text
2012 INSC 574 · [2012] 9 S.C.R. 1086
[2012) 9 S.C.R. 1086 A KUKAPALLI MOHAN RAO V. STATE OF A.P. (Criminal Appeal No. 316 of 2008) DECEOMBER 11, 2012 B [K.S. RADHAKRISHNAN AND DIPAK MISRA, JJ.) Penal Code, 1860- s.302 - Murder- Eyewitness account - A/legation that appellant hacked the deceased with an axe C as he suspected that the latter was having illic…
Supreme Court of India11 Dec 2012Full text
2012 INSC 573 · [2012] 11 S.C.R. 585
Art. 58(2) - Qualification for election as President of lndif'l - 'Office of profit' - Respondent holding the post of Leader of House in Lok Sabha - Held (Per majority): The disqualification contemplated on account of holding the post of Leader of the House was with regard to the provisions of G Art.102(1)(a) of the Co…
Supreme Court of India10 Dec 2012Full text
2012 INSC 572 · [2012] 11 S.C.R. 752
Allowing the appeal in part, the Court HELD: 1.1. The consideration of the matter by the Disciplinary Committee, BCI is clearly flawed. It G overlooked the most vital aspect that seven witnesses tendered in evidence by the complainant had stated clearly and unequivocally that the respondent-advocate had filed forged an…
Supreme Court of India7 Dec 2012Full text
2012 INSC 571 · [2012] 11 S.C.R. 683
684 SUPREME COURT REPORTS [2012] 11 S.C.R. A before the Court were: (i) "Whether Article 20(3) of the Constitution of India, which protects a person accused of an offence from being compelled to be a witness against himself, extends to protecting such an accused from being compelled to give his voice sample during the …
Supreme Court of India7 Dec 2012Full text
2012 INSC 570 · [2012] 11 S.C.R. 249
HALLUR W.A. Nos. 1023, 1324 and 1325 on its file and dispose of A the same on merits in accordance with law, after affording opportunity to all the parties including the newly impleaded respondent Nos. 4 to 32 as well as the connected writ petitions pending before the High Court. [Para 9) [255-D-F] B CIVIL APPELLATE JU…
Supreme Court of India31 Jan 2012Full text
2012 INSC 57 · [2012] 1 S.C.R. 456
24746 of 2010. From the Judgment & Order dated 20.08.2010 of the High G Court of Madhya Pradesh, Principal Seat at Jabalpur in Abribtration Appeal No. 8 of 2010. Gagan Gupta for the Petitioner. H 458 SUPREME COURT REPORTS [2012] 1 S.C.R. A Meenakshi Arora for the Respondents. The Judgment of the Court was delivered by …
Supreme Court of India7 Dec 2012Full text
2012 INSC 569 · [2012] 11 S.C.R. 240
Respondent No. 1, who was dismissed from service, was, by order dated 28.2.1980, reappointed at the starting G basic pay of Rs.2961- with a condition that he would not be entitled to any future promotions. Subsequently, he filed a writ petition claiming that he be accorded time bound promotion as per the State Governme…
Supreme Court of India6 Dec 2012Full text
2012 INSC 568 · [2012] 12 S.C.R. 774
Babudas v. State of M.P. 2003 (9) SCC 86 and Baldev D . Singh v. State of Punjab 2009 (6) SCC 564: 2009 (7) SCR 855 - held inapplicable. Jai Prakash and Others v. State of Haryana 1998 (7) sec 284 - cited. E 2.1. A conspectus consideration of the injury report (Exhibit Ka-17) with post-mortem report (Exhibit Ka-13) [as…
Supreme Court of India6 Dec 2012Full text
2012 INSC 567 · [2012] 13 S.C.R. 659
G The appellant-accused, along-with co-accused was prosecuted for robbery and murder. The prosecution case was that three intruders including the appellant-accused, entered the house of complainant (PW 17) 659 H 660 SUPREME COURT REPORTS [2012] 13 S.C.R. A armed with revolvers and knife. They snatched a gold ring and l…
Supreme Court of India4 Dec 2012Full text
2012 INSC 566 · [2012] 12 S.C.R. 727
JAYESH DHANESH GORAGANDHI v. MUNICIPAL CORP. OF 729 GREATER MUMBAI Government immediately so as to implement the scheme. A [Para 45) [772-C-F] 1.3. Once the town planning scheme is finally sanctioned under Section 86, compensation is finally determined by the Arbitrator, the property vests under B Section 88 in the Sta…
Also on Law on Tips: Bare Acts · Legal news and analysis