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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.
6,001–6,020 · Page 301 of 382
Supreme Court of India1 Oct 2012Full text
2012 INSC 439 · [2012] 8 S.C.R. 1015
ss. 200, 202 and 203 - Criminal complaint - Expression 'taking cognizance of an offence' - Connotation of -Explained - Held: In the context of ss. 200, 202 and 203, the 1015 H 1016 SUPREME COURT REPORTS [2012] 8 S.C.R. A expression 'taking cognizance' embraces within itself all powers and authority in exercise of juris…
Supreme Court of India28 Sep 2012Full text
2012 INSC 438 · [2012] 8 S.C.R. 993
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.
6,001–6,020 · Page 301 of 382
Supreme Court of India1 Oct 2012Full text
2012 INSC 439 · [2012] 8 S.C.R. 1015
ss. 200, 202 and 203 - Criminal complaint - Expression 'taking cognizance of an offence' - Connotation of -Explained - Held: In the context of ss. 200, 202 and 203, the 1015 H 1016 SUPREME COURT REPORTS [2012] 8 S.C.R. A expression 'taking cognizance' embraces within itself all powers and authority in exercise of juris…
Supreme Court of India28 Sep 2012Full text
2012 INSC 438 · [2012] 8 S.C.R. 993
- The effect of order of High Court regarding stay of investigation could only have bearing on the action of investigating agency - Investigation is neither an inquiry nor a trial - It is within the exclusive domain of police to investigate and is independent of any control by the Magistrate - The E sphere of activity …
Supreme Court of India28 Sep 2012Full text
2012 INSC 437 · [2012] 10 S.C.R. 672
Pursuant to the 12th Legislative Assembly Elections D in the State of Haryana, the Indian National Congress Party, ['the INC'] emerged as the single largest party and formed the Government. Subsequently, five MLAs of the Haryana Janhit Congress (BL) Party ['the HJC (BL)'] wrote to the Speaker expressing their intention…
Supreme Court of India28 Sep 2012Full text
2012 INSC 436 · [2012] 13 S.C.R. 402
[2012) 13 S.C.R. 402 A CHLORO CONTROLS (I) P. LTD. v. SEVERN TRENT WATER PURIFICATION INC. AND ORS. (Civil Appeal No. 7134 of 2012) SEPTEMBER 28, 2012 B [S.H. KAPADIA, CJI., A.K. PATNAIK AND SWATANTER KUMAR, JJ.] Arbitration and Conciliation Act, 1996: s. 45 - Reference! to arbitration under - Scope of -International c…
Supreme Court of India27 Sep 2012Full text
2012 INSC 435 · [2012] 8 S.C.R. 970
- Police filing charge-sheet - The Judicial Magistrate, in view of the statement of the prosecutrix uls. 164, discharging the accused - The order of Magistrate set aside by Revisional Court as well as High Court - On appeal, held: Order of E Magistrate rightly set aside - The statement u/s. 164 was not recorded correct…
Supreme Court of India27 Sep 2012Full text
2012 INSC 434 · [2012] 8 S.C.R. 945
946 SUPREME COURT REPORTS [2012] 8 S.C.R. A the minds of the ordinary people about the case getting a fair trial in the State - Sohrabuddin case accordingly transferred to Mumbai -, Bail - Cancellation of Code of Criminal Procedure, 1973 - s.406 - Transfer of B trial - Some broad factors to be kept in mind while consid…
Supreme Court of India27 Sep 2012Full text
2012 INSC 433 · [2012] 8 S.C.R. 934
[2012] 8 S.C.R. 934 A COMMISSIONER OF INCOME TAX-II v. M/S. KRISHI UTPADAN MANDI SAMIT! (Civil Appeal No. 7040 of 2012 etc.) SEPTEMBER 27, 2012 8 [S.H. KAPADIA, CJI., AND MADAN 8. LOKUR, J.] Income Tax Act, 1961: c ss.11(1)(a) and 2(15) - Assessee-Market Committee established under State Krishi Utpadan Mandi Adhiniyam …
Supreme Court of India27 Sep 2012Full text
2012 INSC 432 · [2012] 8 S.C.R. 922
Predecessor-in-interest sold the suit property to the appellants. The sale was challenged in suit by four of his children and the same was dismissed by the courts. After 922H ABDUL REHMAN & ANR. v. MOHD. RULDU & ORS. 923 the death of the predecessor-in-interest, the suit filed by A his wife for declaration and permanen…
Supreme Court of India27 Sep 2012Full text
2012 INSC 431 · [2012] 8 S.C.R. 910
[2012] 8 S.C.R. 910 A LAX MAN v. THE STATE OF MAHARASHTRA (Criminal Appeal No. 246 of 2008) SEPTEMBER 27, 2012 B [P. SATHASIVAM AND RANJAN GOGOi, JJ.] Penal Code, 1860 - s.302 rlw 34 - Murder - Common intention - Eleven accused - Trial court convicted A-1,2,3,4, 7 C & 10 u/s. 302 r/w s. 149 /PC and sentenced them to li…
Supreme Court of India27 Sep 2012Full text
2012 INSC 430 · [2012] 8 S.C.R. 874
876 SUPREME COURT REPORTS [2012] 8 S.C.R. A Department to register the sale Certificate issued in favour of the auction purchaser. The appellant-Mill was directed to approach the Debts Recovery Tribunal regarding its claim of refund of the access amount retained by the Bank. It was also made clear that as far as the pr…
Supreme Court of India19 Jan 2012Full text
2012 INSC 43 · [2012] 1 S.C.R. 411
412 SUPREME COURT REPORTS (2012) 1 S.C.R. A the trial court. Therefore, the appellant filed the instant appeal. Dismissing the appeal, the Court HELD: 1.1 When a case is sought to be proved by B the prosecution on the basis of circumstantial evidence, the burden on the prosecution is that it must prove each circumstanc…
Supreme Court of India27 Sep 2012Full text
2012 INSC 429 · [2012] 10 S.C.R. 641
SUPERINTENDENT OF POLICE another application before the trial court, this time, A seeking an inspection of the said unmarked and unexhibited documents. This application too was rejected by the trial court, and again this order was upheld by the High Court. B The orders passed by the High Court upholding the rejection o…
Supreme Court of India27 Sep 2012Full text
2012 INSC 428 · [2012] 9 S.C.R. 311
Art. 143 (1) - Presidential Reference - Notice - Practice and procedure. Art. 143(1) - Presidential Reference subsequent to decision of Supreme Court in "2G Case" - Maintainability of 311 H L 312 SUPREME COURT REPORTS [2012] 9 S.C.R. A - Held: The Reference is maintainable, notwithstanding its effect on the ratio of 2G…
Supreme Court of India26 Sep 2012Full text
2012 INSC 427 · [2012] 8 S.C.R. 858
(P) Ltd. & Anr. 2001 (5) Suppl. SCR 265 = 2002 (1) sec D 234; State of Orissa and Another v. Saro} Kumar Sahoo 2005 (5) Suppl. SCR 548 =(2005) 13 SCC 540 and Eicher Tractors Ltd. v. Harihar Singh (2006) 12 SCC 763 relied on. Jambu Prasad v. Mohammad Nawab Aftab Ali Khan E AIR 1941 PC 16 referred to. Case Law Reference:…
Supreme Court of India26 Sep 2012Full text
2012 INSC 426 · [2012] 9 S.C.R. 125
[2012] 9 S.C.R. 125 OM PRAKASH & ORS. A v. STATE OF JHARKHAND THROUGH THE SECRETARY, DEPARTMENT OF HOME, RANCHl-1 & ANR. (Criminal Appeal No. 1491 of 2012 etc.) B SEPTEMBER 26, 2012 [AFTAB ALAM AND RANJANA PRAKASH DESAI, JJ.] Code of Criminal Procedure, 1973: c ss. 482 and 197 - Complaint against police officials -Alle…
Supreme Court of India26 Sep 2012Full text
2012 INSC 425 · [2012] 12 S.C.R. 1033
- ss. 4, 5 and 6. s. 20-A(1) and 20-A(2) - Approval under s. 20-A(1) -C Absence of- Whether inconsequential if sanction u/s. 20-A(2) granted - Held: The approval and sanction operate in different and distinct stages and for successful prosecution, both the requirements have to be complied with - The sanction uls. 20-A(…
Supreme Court of India26 Sep 2012Full text
2012 INSC 424 · [2012] 9 S.C.R. 165
State of Madras v. C. P. Agencies AIR 1960 SC 1309; Rajasthan High Court Advocates Association v. U. 0.1. and E Ors. AIR 2001 SC 416: 2000 (5) Suppl. SCR 743 ; Mohamed Khaleel Khan v. Mahaboob Ali Mia AIR 1949 PC 78- referred to. 4. A careful reading of Sections 138 and 142, makes Fit abundantly clear that the cause of…
Supreme Court of India25 Sep 2012Full text
2012 INSC 423 · [2012] 9 S.C.R. 86
AVINASH SADASHIV BHOSALE (D) THR. LRS. v. 87 UNION OF INDIA nothing to do with any criminal liability attaching to such A conduct - Failure of the prosecution in producing necessary evidence before the criminal cowt cannot have any adverse impact on the evidentiary value of the material produced by the Bank before the …
Supreme Court of India25 Sep 2012Full text
2012 INSC 422 · [2012] 8 S.C.R. 849
850 SUPREME COURT REPORTS [2012] 8 S.C.R. A passed u/s 143(3) of the Act on 26.03.2003. However, on 22.1.2004, the Assessing Officer iss•Jed a notice to the assessee u/s 148 of the Act for reopening the assessment and, ultimately, the assessee filed a revised return. A re-assessment was passed and the assessee paid the…
Supreme Court of India25 Sep 2012Full text
2012 INSC 421 · [2012] 8 S.C.R. 831
[2012] 8 S.C.R. 831 HUKUM CHAND GUPTA A v. DIRECTOR GENERAL, ICAR & ORS. (Civil Appeal No. 3580 of 2009) SEPTEMBER 25, 2012 B [SURINDER SINGH NIJJAR AND H.L.GOKHALE, JJ.] Service Law - Pay scale - Revision in - Tribunal rejected appellant's claim for upgradation in pay scale -Propriety - Held: Proper - The appellant fa…
Also on Law on Tips: Bare Acts · Legal news and analysis
- The effect of order of High Court regarding stay of investigation could only have bearing on the action of investigating agency - Investigation is neither an inquiry nor a trial - It is within the exclusive domain of police to investigate and is independent of any control by the Magistrate - The E sphere of activity …
Supreme Court of India28 Sep 2012Full text
2012 INSC 437 · [2012] 10 S.C.R. 672
Pursuant to the 12th Legislative Assembly Elections D in the State of Haryana, the Indian National Congress Party, ['the INC'] emerged as the single largest party and formed the Government. Subsequently, five MLAs of the Haryana Janhit Congress (BL) Party ['the HJC (BL)'] wrote to the Speaker expressing their intention…
Supreme Court of India28 Sep 2012Full text
2012 INSC 436 · [2012] 13 S.C.R. 402
[2012) 13 S.C.R. 402 A CHLORO CONTROLS (I) P. LTD. v. SEVERN TRENT WATER PURIFICATION INC. AND ORS. (Civil Appeal No. 7134 of 2012) SEPTEMBER 28, 2012 B [S.H. KAPADIA, CJI., A.K. PATNAIK AND SWATANTER KUMAR, JJ.] Arbitration and Conciliation Act, 1996: s. 45 - Reference! to arbitration under - Scope of -International c…
Supreme Court of India27 Sep 2012Full text
2012 INSC 435 · [2012] 8 S.C.R. 970
- Police filing charge-sheet - The Judicial Magistrate, in view of the statement of the prosecutrix uls. 164, discharging the accused - The order of Magistrate set aside by Revisional Court as well as High Court - On appeal, held: Order of E Magistrate rightly set aside - The statement u/s. 164 was not recorded correct…
Supreme Court of India27 Sep 2012Full text
2012 INSC 434 · [2012] 8 S.C.R. 945
946 SUPREME COURT REPORTS [2012] 8 S.C.R. A the minds of the ordinary people about the case getting a fair trial in the State - Sohrabuddin case accordingly transferred to Mumbai -, Bail - Cancellation of Code of Criminal Procedure, 1973 - s.406 - Transfer of B trial - Some broad factors to be kept in mind while consid…
Supreme Court of India27 Sep 2012Full text
2012 INSC 433 · [2012] 8 S.C.R. 934
[2012] 8 S.C.R. 934 A COMMISSIONER OF INCOME TAX-II v. M/S. KRISHI UTPADAN MANDI SAMIT! (Civil Appeal No. 7040 of 2012 etc.) SEPTEMBER 27, 2012 8 [S.H. KAPADIA, CJI., AND MADAN 8. LOKUR, J.] Income Tax Act, 1961: c ss.11(1)(a) and 2(15) - Assessee-Market Committee established under State Krishi Utpadan Mandi Adhiniyam …
Supreme Court of India27 Sep 2012Full text
2012 INSC 432 · [2012] 8 S.C.R. 922
Predecessor-in-interest sold the suit property to the appellants. The sale was challenged in suit by four of his children and the same was dismissed by the courts. After 922H ABDUL REHMAN & ANR. v. MOHD. RULDU & ORS. 923 the death of the predecessor-in-interest, the suit filed by A his wife for declaration and permanen…
Supreme Court of India27 Sep 2012Full text
2012 INSC 431 · [2012] 8 S.C.R. 910
[2012] 8 S.C.R. 910 A LAX MAN v. THE STATE OF MAHARASHTRA (Criminal Appeal No. 246 of 2008) SEPTEMBER 27, 2012 B [P. SATHASIVAM AND RANJAN GOGOi, JJ.] Penal Code, 1860 - s.302 rlw 34 - Murder - Common intention - Eleven accused - Trial court convicted A-1,2,3,4, 7 C & 10 u/s. 302 r/w s. 149 /PC and sentenced them to li…
Supreme Court of India27 Sep 2012Full text
2012 INSC 430 · [2012] 8 S.C.R. 874
876 SUPREME COURT REPORTS [2012] 8 S.C.R. A Department to register the sale Certificate issued in favour of the auction purchaser. The appellant-Mill was directed to approach the Debts Recovery Tribunal regarding its claim of refund of the access amount retained by the Bank. It was also made clear that as far as the pr…
Supreme Court of India19 Jan 2012Full text
2012 INSC 43 · [2012] 1 S.C.R. 411
412 SUPREME COURT REPORTS (2012) 1 S.C.R. A the trial court. Therefore, the appellant filed the instant appeal. Dismissing the appeal, the Court HELD: 1.1 When a case is sought to be proved by B the prosecution on the basis of circumstantial evidence, the burden on the prosecution is that it must prove each circumstanc…
Supreme Court of India27 Sep 2012Full text
2012 INSC 429 · [2012] 10 S.C.R. 641
SUPERINTENDENT OF POLICE another application before the trial court, this time, A seeking an inspection of the said unmarked and unexhibited documents. This application too was rejected by the trial court, and again this order was upheld by the High Court. B The orders passed by the High Court upholding the rejection o…
Supreme Court of India27 Sep 2012Full text
2012 INSC 428 · [2012] 9 S.C.R. 311
Art. 143 (1) - Presidential Reference - Notice - Practice and procedure. Art. 143(1) - Presidential Reference subsequent to decision of Supreme Court in "2G Case" - Maintainability of 311 H L 312 SUPREME COURT REPORTS [2012] 9 S.C.R. A - Held: The Reference is maintainable, notwithstanding its effect on the ratio of 2G…
Supreme Court of India26 Sep 2012Full text
2012 INSC 427 · [2012] 8 S.C.R. 858
(P) Ltd. & Anr. 2001 (5) Suppl. SCR 265 = 2002 (1) sec D 234; State of Orissa and Another v. Saro} Kumar Sahoo 2005 (5) Suppl. SCR 548 =(2005) 13 SCC 540 and Eicher Tractors Ltd. v. Harihar Singh (2006) 12 SCC 763 relied on. Jambu Prasad v. Mohammad Nawab Aftab Ali Khan E AIR 1941 PC 16 referred to. Case Law Reference:…
Supreme Court of India26 Sep 2012Full text
2012 INSC 426 · [2012] 9 S.C.R. 125
[2012] 9 S.C.R. 125 OM PRAKASH & ORS. A v. STATE OF JHARKHAND THROUGH THE SECRETARY, DEPARTMENT OF HOME, RANCHl-1 & ANR. (Criminal Appeal No. 1491 of 2012 etc.) B SEPTEMBER 26, 2012 [AFTAB ALAM AND RANJANA PRAKASH DESAI, JJ.] Code of Criminal Procedure, 1973: c ss. 482 and 197 - Complaint against police officials -Alle…
Supreme Court of India26 Sep 2012Full text
2012 INSC 425 · [2012] 12 S.C.R. 1033
- ss. 4, 5 and 6. s. 20-A(1) and 20-A(2) - Approval under s. 20-A(1) -C Absence of- Whether inconsequential if sanction u/s. 20-A(2) granted - Held: The approval and sanction operate in different and distinct stages and for successful prosecution, both the requirements have to be complied with - The sanction uls. 20-A(…
Supreme Court of India26 Sep 2012Full text
2012 INSC 424 · [2012] 9 S.C.R. 165
State of Madras v. C. P. Agencies AIR 1960 SC 1309; Rajasthan High Court Advocates Association v. U. 0.1. and E Ors. AIR 2001 SC 416: 2000 (5) Suppl. SCR 743 ; Mohamed Khaleel Khan v. Mahaboob Ali Mia AIR 1949 PC 78- referred to. 4. A careful reading of Sections 138 and 142, makes Fit abundantly clear that the cause of…
Supreme Court of India25 Sep 2012Full text
2012 INSC 423 · [2012] 9 S.C.R. 86
AVINASH SADASHIV BHOSALE (D) THR. LRS. v. 87 UNION OF INDIA nothing to do with any criminal liability attaching to such A conduct - Failure of the prosecution in producing necessary evidence before the criminal cowt cannot have any adverse impact on the evidentiary value of the material produced by the Bank before the …
Supreme Court of India25 Sep 2012Full text
2012 INSC 422 · [2012] 8 S.C.R. 849
850 SUPREME COURT REPORTS [2012] 8 S.C.R. A passed u/s 143(3) of the Act on 26.03.2003. However, on 22.1.2004, the Assessing Officer iss•Jed a notice to the assessee u/s 148 of the Act for reopening the assessment and, ultimately, the assessee filed a revised return. A re-assessment was passed and the assessee paid the…
Supreme Court of India25 Sep 2012Full text
2012 INSC 421 · [2012] 8 S.C.R. 831
[2012] 8 S.C.R. 831 HUKUM CHAND GUPTA A v. DIRECTOR GENERAL, ICAR & ORS. (Civil Appeal No. 3580 of 2009) SEPTEMBER 25, 2012 B [SURINDER SINGH NIJJAR AND H.L.GOKHALE, JJ.] Service Law - Pay scale - Revision in - Tribunal rejected appellant's claim for upgradation in pay scale -Propriety - Held: Proper - The appellant fa…
Also on Law on Tips: Bare Acts · Legal news and analysis