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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.
581–600 · Page 30 of 382
Supreme Court of India12 Apr 2019Full text
2019 INSC 521 · [2019] 6 S.C.R. 302
United India Insurance Co. Ltd. v. Harchand Rai F Chandan Lal (2004) 8 SCC 644 : [2004] 4 Suppl. SCR 662 – distinguished. Case Law Reference [2004] 4 Suppl. SCR 662 distinguished Para 6 G CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3912 of 2019. From the Judgment and Order dated 16.04.2015 of the National Consumer …
Supreme Court of India17 Jan 2019Full 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.
581–600 · Page 30 of 382
Supreme Court of India12 Apr 2019Full text
2019 INSC 521 · [2019] 6 S.C.R. 302
United India Insurance Co. Ltd. v. Harchand Rai F Chandan Lal (2004) 8 SCC 644 : [2004] 4 Suppl. SCR 662 – distinguished. Case Law Reference [2004] 4 Suppl. SCR 662 distinguished Para 6 G CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3912 of 2019. From the Judgment and Order dated 16.04.2015 of the National Consumer …
Supreme Court of India17 Jan 2019Full text
2019 INSC 52 · [2019] 1 S.C.R. 371
[2019] 1 S.C.R. 371 371 INDIAN HOTEL AND RESTAURANT A ASSOCIATION (AHAR) & ANR. v. THE STATE OF MAHARASHTRA & ORS. (Writ Petition (Civil) No. 576 of 2016) B JANUARY 17, 2019 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Maharashtra Prohibition of Obscene Dance in Hotels, Restaurant and Bar Rooms and Protection of Dignity of Wom…
Supreme Court of India12 Apr 2019Full text
2019 INSC 518 · [2019] 6 S.C.R. 1
Sentence / Sentencing Imposition of sentence – Need to give reasons – Held: Trial court is obliged to give reasons for imposition of sentence – Any G increase or decrease in the quantum of punishment than the usual levels need to be reasoned – The principle is fortified by the statute u/s. 235(2) Cr. P.C. as also by ju…
Supreme Court of India11 Apr 2019Full text
2019 INSC 517 · [2019] 5 S.C.R. 679
– Responded by second petitioner – First petitioner-Company, co-producer of the film, proceeded with the release of the film on 15 Feb. 19 – However, within a day of its release an overwhelming majority of the exhibitors abruptly took the film off their screens – Tickets were refunded to the viewers – Held: Police are …
Supreme Court of India11 Apr 2019Full text
2019 INSC 516 · [2019] 5 S.C.R. 714
– Direction to trial Court to record statements of the witnesses after D securing presence of the accused in the court – In appeal, held: The right of accused to watch the prosecution witness is a valuable right – There was an infringement of such right in the present case – The direction issued by the High Court ensur…
Supreme Court of India11 Apr 2019Full text
2019 INSC 514 · [2019] 5 S.C.R. 740
After the dismissal of the Special Leave Petitions filed by the Trade Unions, the issue in relation to reduction of age had attained finality – The High Court was not justified in setting aside the awards of the Labour Court, which had rightly held that it (Labour Court) had no jurisdiction to entertain the reference a…
Supreme Court of India10 Apr 2019Full text
2019 INSC 512 · [2019] 5 S.C.R. 618
– In terms of such order, the Divisional Director, Social Forestry Division Agra, passed order that the respondent was not eligible for regularisation/equal pay – Contempt Application (C) No.1632 D of 2009 filed by the respondent – Various orders passed seeking personal presence of the officers of the State – Appellant…
Supreme Court of India10 Apr 2019Full text
2019 INSC 511 · [2019] 5 S.C.R. 579
remitted back to the High Court – Maharashtra Stamp Act, 1958 – ss. 33 and 34. Allowing the appeal, the Court HELD: 1.1 It will be noticed from the *SMS Tea Estates’ case that where an arbitration clause is contained in an agreement H 579 580 SUPREME COURT REPORTS [2019] 5 S.C.R. A or conveyance, different consequences…
Supreme Court of India10 Apr 2019Full text
2019 INSC 510 · [2019] 5 S.C.R. 569
HELD: 1.1 The main reason given by the High Court while Gconverting the conviction from Section 302 of the IPC to Section 304 Part I of the IPC is that it was a case of a single blow, the deceased had died because of single injury caused on his head by the accused by an axe. The said can hardly be a ground to convert t…
Supreme Court of India10 Apr 2019Full text
2019 INSC 509 · [2019] 6 S.C.R. 994
proved and supported by the independent witnesses i.e. the metropolitan magistrate and the medical officer – But the same was discarded by the trial court on some minor contradictions/omissions – On re-appreciation of the entire evidence, it was found that the approach of the trial court was patently erroneous and the …
Supreme Court of India10 Apr 2019Full text
2019 INSC 505 · [2019] 5 S.C.R. 638
638 SUPREME COURT[2019]REPORTS5 S.C.R. 638 [2019] 5 S.C.R. A YASHWANT SINHA & ORS. v. CENTRAL BUREAU OF INVESTIGATION THROUGH ITS DIRECTOR & ANR. B (Review Petition (Criminal) No. 46 of 2019) In (Writ Petition (Criminal) No. 298 of 2018) APRIL 10, 2019 C [RANJAN GOGOI, CJI., SANJAY KISHAN KAUL AND K. M. JOSEPH, JJ.] Of…
Supreme Court of India9 Apr 2019Full text
2019 INSC 503 · [2019] 6 S.C.R. 972
give her consent for the physical relationship – Initially the prosecutrix resisted, however, gave the consent relying upon the false promise of the appellant that he will marry her – Her consent can be said to be a consent on misconception of fact as per s.90, IPC – Both the Courts below rightly held that the consent …
Supreme Court of India9 Apr 2019Full text
2019 INSC 502 · [2019] 6 S.C.R. 897
[2019] 6 S.C.R. 897 897 FOOD CORPORATION OF INDIA A v. RIMJHIM (Civil Appeal No. 3600 of 2019) APRIL 09, 2019 B [L. NAGESWARA RAO AND M. R. SHAH, JJ.] Service Law – Appointment – Appellant invited applications for the post of Assistant Grade-II (Hindi) by publishing advertisement – Respondent applied – Short-listed – H…
Supreme Court of India9 Apr 2019Full text
2019 INSC 501 · [2019] 5 S.C.R. 631
Application dismissed – Revision in the High Court – Dismissed – On appeal, held: In the 1966 suit, in terms of compromise entered into between the plaintiff, the parents and three brothers, the properties were mutually divided amongst said six persons – Since the parents were alive, the proper parties in an action see…
Supreme Court of India16 Jan 2019Full text
2019 INSC 50 · [2019] 2 S.C.R. 432
432 SUPREME COURT[2019]REPORTS2 S.C.R. 432 [2019] 2 S.C.R. A STATE OF HIMACHAL PRADESH & ANR. v. SHASHI KUMAR (Civil Appeal No.988 of 2019) B JANUARY 16, 2019 [DR. DHANANJAYA Y CHANDRACHUD AND HEMANT GUPTA, JJ.] Service Law – Compassionate appointment – The State, if entitled to take into account family pension and oth…
Supreme Court of India3 Jan 2019Full text
2019 INSC 5 · [2019] 1 S.C.R. 25
categorically held in the earlier round of litigation that the mother of respondents No. 1 to 3 and the predecessor in title, had failed to establish her title to the suit property – The said finding was admittedly not challenged by respondent Nos. 1 to 3 and had attained finality – In this view of the matter, the resp…
Supreme Court of India9 Apr 2019Full text
2019 INSC 498 · [2019] 6 S.C.R. 590
qualifying marks/benchmark to obtain minimum 12 marks in the interview and the performance appraisal was not permissible and it defeated the principle of seniority-cum-merit and, therefore, directed to prepare a fresh promotion list by prescribing the minimum necessary cut off merit marks out of 100 so that the rule of…
Supreme Court of India9 Apr 2019Full text
2019 INSC 495 · [2019] 6 S.C.R. 910
the trial court and held properties were not benami in nature – Appellant contended that the suit properties acquired in the names of defendant Nos.1 to 3 were benami in nature – On appeal, held: Supreme Court in catena of decisions has held that source of money can never be the sole consideration and it is merely one …
Supreme Court of India9 Apr 2019Full text
2019 INSC 493 · [2019] 6 S.C.R. 518
518 SUPREME COURT[2019]REPORTS6 S.C.R. 518 [2019] 6 S.C.R. A JAGDISH PRASAD PATEL (DEAD) THR. LRS.& ANOTHER v. SHIVNATH & OTHERS (Civil Appeal No. 2176 of 2007) B APRIL 09, 2019 [R. BANUMATHI AND R. SUBHASH REDDY, JJ.] Suit: Suit for declaration of title and possession – Filed by C respondents-plaintiffs – Suit contest…
Supreme Court of India9 Apr 2019Full text
2019 INSC 490 · [2019] 6 S.C.R. 950
No.3 having become aware of the factum of blacklisting of the appellant amended the petition to incorporate the said fact – Writ Petition allowed by the High Court – Sustainability of – Held: Not sustainable – Impugned order misread the blacklisting clause – Show cause notice itself did not amount to the process of bla…
Also on Law on Tips: Bare Acts · Legal news and analysis
2019 INSC 52 · [2019] 1 S.C.R. 371
[2019] 1 S.C.R. 371 371 INDIAN HOTEL AND RESTAURANT A ASSOCIATION (AHAR) & ANR. v. THE STATE OF MAHARASHTRA & ORS. (Writ Petition (Civil) No. 576 of 2016) B JANUARY 17, 2019 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Maharashtra Prohibition of Obscene Dance in Hotels, Restaurant and Bar Rooms and Protection of Dignity of Wom…
Supreme Court of India12 Apr 2019Full text
2019 INSC 518 · [2019] 6 S.C.R. 1
Sentence / Sentencing Imposition of sentence – Need to give reasons – Held: Trial court is obliged to give reasons for imposition of sentence – Any G increase or decrease in the quantum of punishment than the usual levels need to be reasoned – The principle is fortified by the statute u/s. 235(2) Cr. P.C. as also by ju…
Supreme Court of India11 Apr 2019Full text
2019 INSC 517 · [2019] 5 S.C.R. 679
– Responded by second petitioner – First petitioner-Company, co-producer of the film, proceeded with the release of the film on 15 Feb. 19 – However, within a day of its release an overwhelming majority of the exhibitors abruptly took the film off their screens – Tickets were refunded to the viewers – Held: Police are …
Supreme Court of India11 Apr 2019Full text
2019 INSC 516 · [2019] 5 S.C.R. 714
– Direction to trial Court to record statements of the witnesses after D securing presence of the accused in the court – In appeal, held: The right of accused to watch the prosecution witness is a valuable right – There was an infringement of such right in the present case – The direction issued by the High Court ensur…
Supreme Court of India11 Apr 2019Full text
2019 INSC 514 · [2019] 5 S.C.R. 740
After the dismissal of the Special Leave Petitions filed by the Trade Unions, the issue in relation to reduction of age had attained finality – The High Court was not justified in setting aside the awards of the Labour Court, which had rightly held that it (Labour Court) had no jurisdiction to entertain the reference a…
Supreme Court of India10 Apr 2019Full text
2019 INSC 512 · [2019] 5 S.C.R. 618
– In terms of such order, the Divisional Director, Social Forestry Division Agra, passed order that the respondent was not eligible for regularisation/equal pay – Contempt Application (C) No.1632 D of 2009 filed by the respondent – Various orders passed seeking personal presence of the officers of the State – Appellant…
Supreme Court of India10 Apr 2019Full text
2019 INSC 511 · [2019] 5 S.C.R. 579
remitted back to the High Court – Maharashtra Stamp Act, 1958 – ss. 33 and 34. Allowing the appeal, the Court HELD: 1.1 It will be noticed from the *SMS Tea Estates’ case that where an arbitration clause is contained in an agreement H 579 580 SUPREME COURT REPORTS [2019] 5 S.C.R. A or conveyance, different consequences…
Supreme Court of India10 Apr 2019Full text
2019 INSC 510 · [2019] 5 S.C.R. 569
HELD: 1.1 The main reason given by the High Court while Gconverting the conviction from Section 302 of the IPC to Section 304 Part I of the IPC is that it was a case of a single blow, the deceased had died because of single injury caused on his head by the accused by an axe. The said can hardly be a ground to convert t…
Supreme Court of India10 Apr 2019Full text
2019 INSC 509 · [2019] 6 S.C.R. 994
proved and supported by the independent witnesses i.e. the metropolitan magistrate and the medical officer – But the same was discarded by the trial court on some minor contradictions/omissions – On re-appreciation of the entire evidence, it was found that the approach of the trial court was patently erroneous and the …
Supreme Court of India10 Apr 2019Full text
2019 INSC 505 · [2019] 5 S.C.R. 638
638 SUPREME COURT[2019]REPORTS5 S.C.R. 638 [2019] 5 S.C.R. A YASHWANT SINHA & ORS. v. CENTRAL BUREAU OF INVESTIGATION THROUGH ITS DIRECTOR & ANR. B (Review Petition (Criminal) No. 46 of 2019) In (Writ Petition (Criminal) No. 298 of 2018) APRIL 10, 2019 C [RANJAN GOGOI, CJI., SANJAY KISHAN KAUL AND K. M. JOSEPH, JJ.] Of…
Supreme Court of India9 Apr 2019Full text
2019 INSC 503 · [2019] 6 S.C.R. 972
give her consent for the physical relationship – Initially the prosecutrix resisted, however, gave the consent relying upon the false promise of the appellant that he will marry her – Her consent can be said to be a consent on misconception of fact as per s.90, IPC – Both the Courts below rightly held that the consent …
Supreme Court of India9 Apr 2019Full text
2019 INSC 502 · [2019] 6 S.C.R. 897
[2019] 6 S.C.R. 897 897 FOOD CORPORATION OF INDIA A v. RIMJHIM (Civil Appeal No. 3600 of 2019) APRIL 09, 2019 B [L. NAGESWARA RAO AND M. R. SHAH, JJ.] Service Law – Appointment – Appellant invited applications for the post of Assistant Grade-II (Hindi) by publishing advertisement – Respondent applied – Short-listed – H…
Supreme Court of India9 Apr 2019Full text
2019 INSC 501 · [2019] 5 S.C.R. 631
Application dismissed – Revision in the High Court – Dismissed – On appeal, held: In the 1966 suit, in terms of compromise entered into between the plaintiff, the parents and three brothers, the properties were mutually divided amongst said six persons – Since the parents were alive, the proper parties in an action see…
Supreme Court of India16 Jan 2019Full text
2019 INSC 50 · [2019] 2 S.C.R. 432
432 SUPREME COURT[2019]REPORTS2 S.C.R. 432 [2019] 2 S.C.R. A STATE OF HIMACHAL PRADESH & ANR. v. SHASHI KUMAR (Civil Appeal No.988 of 2019) B JANUARY 16, 2019 [DR. DHANANJAYA Y CHANDRACHUD AND HEMANT GUPTA, JJ.] Service Law – Compassionate appointment – The State, if entitled to take into account family pension and oth…
Supreme Court of India3 Jan 2019Full text
2019 INSC 5 · [2019] 1 S.C.R. 25
categorically held in the earlier round of litigation that the mother of respondents No. 1 to 3 and the predecessor in title, had failed to establish her title to the suit property – The said finding was admittedly not challenged by respondent Nos. 1 to 3 and had attained finality – In this view of the matter, the resp…
Supreme Court of India9 Apr 2019Full text
2019 INSC 498 · [2019] 6 S.C.R. 590
qualifying marks/benchmark to obtain minimum 12 marks in the interview and the performance appraisal was not permissible and it defeated the principle of seniority-cum-merit and, therefore, directed to prepare a fresh promotion list by prescribing the minimum necessary cut off merit marks out of 100 so that the rule of…
Supreme Court of India9 Apr 2019Full text
2019 INSC 495 · [2019] 6 S.C.R. 910
the trial court and held properties were not benami in nature – Appellant contended that the suit properties acquired in the names of defendant Nos.1 to 3 were benami in nature – On appeal, held: Supreme Court in catena of decisions has held that source of money can never be the sole consideration and it is merely one …
Supreme Court of India9 Apr 2019Full text
2019 INSC 493 · [2019] 6 S.C.R. 518
518 SUPREME COURT[2019]REPORTS6 S.C.R. 518 [2019] 6 S.C.R. A JAGDISH PRASAD PATEL (DEAD) THR. LRS.& ANOTHER v. SHIVNATH & OTHERS (Civil Appeal No. 2176 of 2007) B APRIL 09, 2019 [R. BANUMATHI AND R. SUBHASH REDDY, JJ.] Suit: Suit for declaration of title and possession – Filed by C respondents-plaintiffs – Suit contest…
Supreme Court of India9 Apr 2019Full text
2019 INSC 490 · [2019] 6 S.C.R. 950
No.3 having become aware of the factum of blacklisting of the appellant amended the petition to incorporate the said fact – Writ Petition allowed by the High Court – Sustainability of – Held: Not sustainable – Impugned order misread the blacklisting clause – Show cause notice itself did not amount to the process of bla…
Also on Law on Tips: Bare Acts · Legal news and analysis