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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.
6,041–6,060 · Page 303 of 382
Supreme Court of India14 Sep 2012Full text
2012 INSC 401 · [2012] 7 S.C.R. 1083
Dismissing the appeal, the Court HELD: 1.1 It is not in dispute that the conviction of 1083 H 1084 SUPREME COURT REPORTS [2012] 7 S.C.R. A the appellants (A-1 and A-2) is based on circumstantial evidence. In Sharad Birdhichand Sarda's case*, this Court after referring to various earlier decisions, formulated the condit…
Supreme Court of India14 Sep 2012Full text
2012 INSC 400 · [2012] 7 S.C.R. 1072
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.
6,041–6,060 · Page 303 of 382
Supreme Court of India14 Sep 2012Full text
2012 INSC 401 · [2012] 7 S.C.R. 1083
Dismissing the appeal, the Court HELD: 1.1 It is not in dispute that the conviction of 1083 H 1084 SUPREME COURT REPORTS [2012] 7 S.C.R. A the appellants (A-1 and A-2) is based on circumstantial evidence. In Sharad Birdhichand Sarda's case*, this Court after referring to various earlier decisions, formulated the condit…
Supreme Court of India14 Sep 2012Full text
2012 INSC 400 · [2012] 7 S.C.R. 1072
[2012] 7 S.C.R. 1072 A STATE OF GUJARAT & ORS. v. ARVINDKUMAR T. TIWARI & ANR. (Civil Appeal No. 6468 of 2012) SEPTEMBER 14, 2012 B [DR. B.S. CHAUHAN AND FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.] SERVICE LAW: c Appointment on compassionate ground - Eligibility -Relaxation - Held: Compassionate appointment cannot be claime…
Supreme Court of India18 Jan 2012Full text
2012 INSC 40 · [2012] 1 S.C.R. 390
Constitution of India, 1950: Article 311 (2) - Dismissal of employee of Central H 390 BURDWAN CENTRAL COOPERATIVE BANK LTD. & 391 ANR. v. ASIM CHATTERJEE Cooperative Bank - Opportunity of hearing - Held: Since no A prejudice has been caused to the delinquent by the non-supply of the enquiry report or the second show ca…
Supreme Court of India4 Jan 2012Full text
2012 INSC 4 · [2012] 2 S.C.R. 640
RUSHIKESH TANAJI BHOITi= v. STATE OF 641 MAHARASHTRA & ORS. Mantralaya, Mumbai No. DDS 1210/Cr-207/SPL-3(B) dated A 31.12.2010 directed the appellant's father to be detained under the provisions of the 1981 Act. This order was followed by another order of the same date directing that appellant's father shall be detaine…
Supreme Court of India14 Sep 2012Full text
2012 INSC 399 · [2012] 7 S.C.R. 1054
BHARTIYA SEVA SAMAJ TRUST TR. PRES. v. 1055 YOGESHBHAI AMBALAL PATEL case of victimisation of respondent by the school A Management for raising his voice against exploitation - Order of High Court therefore not interfered with - Bombay Primary Education (Gujarat Amendment) Act, 1986 - s.408 and Schedule F, Clause 6. B …
Supreme Court of India13 Sep 2012Full text
2012 INSC 398 · [2012] 7 S.C.R. 988
PENAL CODE, 1860: c ss. 107, 108 and 306 - Ingredients - Explained. An FIR was registered against the appellant and another on 5.12.2007 in respect of the suicide committed 0by the deceased on 4.12.2007. The prosecution case as revealed from the suicide note left by the deceased and the statement of her son was that on…
Supreme Court of India13 Sep 2012Full text
2012 INSC 397 · [2012] 8 S.C.R. 719
30. 7.2012 directing NO/DA (Authority) to float 'Special Scheme' - In para 4 of the order stating that the allottees of land by NO/DA in previous schemes would not be eligible to the benefit of the 'Special Scheme' - Special Scheme floated D as per the order of Supreme Court - Clause 3 thereof making the tenderers elig…
Supreme Court of India13 Sep 2012Full text
2012 INSC 396 · [2012] 10 S.C.R. 570
[2012] 10 S.C.R. 570 A KURIA & ANR. v. STATE OF RAJASTHAN {Criminal Appeal No. 2488 of 2009) SEPTEMBER 13, 2012 B [SWATANTER KUMAR AND FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.] Penal Code, 1860: c ss. 302 and 364 rlw s. 34 - Prosecution under - 15 accused causing death of one person - 4 eye-witnesses -Animosity between pa…
Supreme Court of India13 Sep 2012Full text
2012 INSC 395 · [2012] 10 S.C.R. 540
Penal Code, 1860- s. 320 rlw s.27 of Arms Act, 1959 -Prosecution under - Conviction and sentence of life imprisonment by trial court - Appeal pending before High H 540 ASHWANI KUMAR SAXENA v. STATE OF M.P. 541 Court - In the meantime, in an application ulss. 6 and 7 of A Juvenile Justice Act, Supreme Court finding that…
Supreme Court of India13 Sep 2012Full text
2012 INSC 394 · [2012] 12 S.C.R. 315
Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust and Ors. Vs. V.R. Rudani and Ors., 1989 (2) SCR 697 =1989 (2) SCC 691, Unni Krishnan J.P. and Ors. Vs. State of Andhra Pradesh and D Ors. 1993 (1) SCR 594 =1993 (1) SCC 645 and Zee Tele films Ltd. & An,r. Vs. Union of India & Ors 2005 …
Supreme Court of India13 Sep 2012Full text
2012 INSC 393 · [2012] 7 S.C.R. 1033
2. There are no material or other contradictions in the statements of the four witnesses. PW2 is stated to be F related to PW1, who in turn is related to the deceased. Also, PW3 is related to the deceased. However,…
Supreme Court of India13 Sep 2012Full text
2012 INSC 392 · [2013] 13 S.C.R. 1
- Nothing in the Right to Information Act can take away powers vested in u!Arts.226 and 32 of the Constitution - The finality indicated ulss. 19(6) and (7) cannot be construed to oust the D jurisdiction of higher courts despite the bar created u/s. 23 -'f Right to Information Act, 2005. Constitution of India, 1950 - Ri…
Supreme Court of India13 Sep 2012Full text
2012 INSC 392 · [2013] 13 S.C.R. 1
- Nothing in the Right to Information Act can take away powers vested in u!Arts.226 and 32 of the Constitution - The finality indicated ulss. 19(6) and (7) cannot be construed to oust the D jurisdiction of higher courts despite the bar created u/s. 23 -'f Right to Information Act, 2005. Constitution of India, 1950 - Ri…
Supreme Court of India12 Sep 2012Full text
2012 INSC 391 · [2012] 8 S.C.R. 706
2. In the impugned order, the Division Bench of the High Court merely recorded to the effect that the counsel for the appellant pleaded for sympathy to commute the death sentence into one for life for the offence falling u/ s. 302 IPC while praying for maintaining the sentence G imposed for the offence u/ss. 376/511 IP…
Supreme Court of India12 Sep 2012Full text
2012 INSC 390 · [2012] 8 S.C.R. 686
STATE OF UTTARAKHAND (PREVIOUSLY STATE OF 687 UTTAR PRADESH) v. MOHAN SINGH 529: 1979 (2) SCR 1038; Secretary of State of India in A Council v. Hindustan Co-operative lnsurace Society Ltd. 58 I.A. 259; Ramswarup v. Munshi and Ors. (1963) 3 SCR 858; Boiani Ores Ltd. v. State of Orissa (1974) 2 SCC 777: 1975 (2) SCR 138 …
Supreme Court of India18 Jan 2012Full text
2012 INSC 39 · [2012] 1 S.C.R. 363
- Appeal. G Interpretation of Statutes: Purposive construction - Socia/ Welfare legislation -Held: The normal canon of interpretation is that a social welfare legislation or a remedial statute receives liberal 363 H 364 SUPREME COURT REPORTS [2012] 1 S.C.R. A construction and if there is any doubt, the same is resolved…
Supreme Court of India12 Sep 2012Full text
2012 INSC 389 · [2012] 7 S.C.R. 541
8 The prosecution case was that accused 'K' and 'H' had gotten into a verbal feud with 'M' upon his refusal to give them liquor on credit basis, and that 15-20 minutes thereafter 'K' and 'H' returned alongwith the accused-appellant and upon instigation by 'H', the appellant hit 'M' C on the head with a Kirpan, while 'K…
Supreme Court of India11 Sep 2012Full text
2012 INSC 388 · [2012] 12 S.C.R. 256
SAHARA INDIA REAL ESTATE CORP. LTD. v. SECURITIES & 257 EXCHANGE BOARD OF INDIA of all laws" - However, such orders of postponement should A be ordered for a limited duration and without disturbing the content of the publication - The test is that the publication (actual and not planned publication) must create a real …
Supreme Court of India10 Sep 2012Full text
2012 INSC 387 · [2012] 8 S.C.R. 278
Art. 226 - Writ petition involving title to the subject land - Held: There is no universal rule or principle of law which debars the Writ Court from entertaining adjudications G involving disputed questions of fact - In the instant case, petitioner, claimed title to the land in question on the basis of the deed of Inde…
Supreme Court of India10 Sep 2012Full text
2012 INSC 386 · [2012] 8 S.C.R. 270
Dilip Annasaheb Taur, Anil Kumar for the Appellants. c The Judgment of the Court was delivered by P. SATHASIVAM, J. 1. The short question to be decided in this petition is whether an accused charged with various offences under the Indian Penal Code, 1860 (in short 'IPC') along with the provisions of the Scheduled Caste…
Also on Law on Tips: Bare Acts · Legal news and analysis
[2012] 7 S.C.R. 1072 A STATE OF GUJARAT & ORS. v. ARVINDKUMAR T. TIWARI & ANR. (Civil Appeal No. 6468 of 2012) SEPTEMBER 14, 2012 B [DR. B.S. CHAUHAN AND FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.] SERVICE LAW: c Appointment on compassionate ground - Eligibility -Relaxation - Held: Compassionate appointment cannot be claime…
Supreme Court of India18 Jan 2012Full text
2012 INSC 40 · [2012] 1 S.C.R. 390
Constitution of India, 1950: Article 311 (2) - Dismissal of employee of Central H 390 BURDWAN CENTRAL COOPERATIVE BANK LTD. & 391 ANR. v. ASIM CHATTERJEE Cooperative Bank - Opportunity of hearing - Held: Since no A prejudice has been caused to the delinquent by the non-supply of the enquiry report or the second show ca…
Supreme Court of India4 Jan 2012Full text
2012 INSC 4 · [2012] 2 S.C.R. 640
RUSHIKESH TANAJI BHOITi= v. STATE OF 641 MAHARASHTRA & ORS. Mantralaya, Mumbai No. DDS 1210/Cr-207/SPL-3(B) dated A 31.12.2010 directed the appellant's father to be detained under the provisions of the 1981 Act. This order was followed by another order of the same date directing that appellant's father shall be detaine…
Supreme Court of India14 Sep 2012Full text
2012 INSC 399 · [2012] 7 S.C.R. 1054
BHARTIYA SEVA SAMAJ TRUST TR. PRES. v. 1055 YOGESHBHAI AMBALAL PATEL case of victimisation of respondent by the school A Management for raising his voice against exploitation - Order of High Court therefore not interfered with - Bombay Primary Education (Gujarat Amendment) Act, 1986 - s.408 and Schedule F, Clause 6. B …
Supreme Court of India13 Sep 2012Full text
2012 INSC 398 · [2012] 7 S.C.R. 988
PENAL CODE, 1860: c ss. 107, 108 and 306 - Ingredients - Explained. An FIR was registered against the appellant and another on 5.12.2007 in respect of the suicide committed 0by the deceased on 4.12.2007. The prosecution case as revealed from the suicide note left by the deceased and the statement of her son was that on…
Supreme Court of India13 Sep 2012Full text
2012 INSC 397 · [2012] 8 S.C.R. 719
30. 7.2012 directing NO/DA (Authority) to float 'Special Scheme' - In para 4 of the order stating that the allottees of land by NO/DA in previous schemes would not be eligible to the benefit of the 'Special Scheme' - Special Scheme floated D as per the order of Supreme Court - Clause 3 thereof making the tenderers elig…
Supreme Court of India13 Sep 2012Full text
2012 INSC 396 · [2012] 10 S.C.R. 570
[2012] 10 S.C.R. 570 A KURIA & ANR. v. STATE OF RAJASTHAN {Criminal Appeal No. 2488 of 2009) SEPTEMBER 13, 2012 B [SWATANTER KUMAR AND FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.] Penal Code, 1860: c ss. 302 and 364 rlw s. 34 - Prosecution under - 15 accused causing death of one person - 4 eye-witnesses -Animosity between pa…
Supreme Court of India13 Sep 2012Full text
2012 INSC 395 · [2012] 10 S.C.R. 540
Penal Code, 1860- s. 320 rlw s.27 of Arms Act, 1959 -Prosecution under - Conviction and sentence of life imprisonment by trial court - Appeal pending before High H 540 ASHWANI KUMAR SAXENA v. STATE OF M.P. 541 Court - In the meantime, in an application ulss. 6 and 7 of A Juvenile Justice Act, Supreme Court finding that…
Supreme Court of India13 Sep 2012Full text
2012 INSC 394 · [2012] 12 S.C.R. 315
Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust and Ors. Vs. V.R. Rudani and Ors., 1989 (2) SCR 697 =1989 (2) SCC 691, Unni Krishnan J.P. and Ors. Vs. State of Andhra Pradesh and D Ors. 1993 (1) SCR 594 =1993 (1) SCC 645 and Zee Tele films Ltd. & An,r. Vs. Union of India & Ors 2005 …
Supreme Court of India13 Sep 2012Full text
2012 INSC 393 · [2012] 7 S.C.R. 1033
2. There are no material or other contradictions in the statements of the four witnesses. PW2 is stated to be F related to PW1, who in turn is related to the deceased. Also, PW3 is related to the deceased. However,…
Supreme Court of India13 Sep 2012Full text
2012 INSC 392 · [2013] 13 S.C.R. 1
- Nothing in the Right to Information Act can take away powers vested in u!Arts.226 and 32 of the Constitution - The finality indicated ulss. 19(6) and (7) cannot be construed to oust the D jurisdiction of higher courts despite the bar created u/s. 23 -'f Right to Information Act, 2005. Constitution of India, 1950 - Ri…
Supreme Court of India13 Sep 2012Full text
2012 INSC 392 · [2013] 13 S.C.R. 1
- Nothing in the Right to Information Act can take away powers vested in u!Arts.226 and 32 of the Constitution - The finality indicated ulss. 19(6) and (7) cannot be construed to oust the D jurisdiction of higher courts despite the bar created u/s. 23 -'f Right to Information Act, 2005. Constitution of India, 1950 - Ri…
Supreme Court of India12 Sep 2012Full text
2012 INSC 391 · [2012] 8 S.C.R. 706
2. In the impugned order, the Division Bench of the High Court merely recorded to the effect that the counsel for the appellant pleaded for sympathy to commute the death sentence into one for life for the offence falling u/ s. 302 IPC while praying for maintaining the sentence G imposed for the offence u/ss. 376/511 IP…
Supreme Court of India12 Sep 2012Full text
2012 INSC 390 · [2012] 8 S.C.R. 686
STATE OF UTTARAKHAND (PREVIOUSLY STATE OF 687 UTTAR PRADESH) v. MOHAN SINGH 529: 1979 (2) SCR 1038; Secretary of State of India in A Council v. Hindustan Co-operative lnsurace Society Ltd. 58 I.A. 259; Ramswarup v. Munshi and Ors. (1963) 3 SCR 858; Boiani Ores Ltd. v. State of Orissa (1974) 2 SCC 777: 1975 (2) SCR 138 …
Supreme Court of India18 Jan 2012Full text
2012 INSC 39 · [2012] 1 S.C.R. 363
- Appeal. G Interpretation of Statutes: Purposive construction - Socia/ Welfare legislation -Held: The normal canon of interpretation is that a social welfare legislation or a remedial statute receives liberal 363 H 364 SUPREME COURT REPORTS [2012] 1 S.C.R. A construction and if there is any doubt, the same is resolved…
Supreme Court of India12 Sep 2012Full text
2012 INSC 389 · [2012] 7 S.C.R. 541
8 The prosecution case was that accused 'K' and 'H' had gotten into a verbal feud with 'M' upon his refusal to give them liquor on credit basis, and that 15-20 minutes thereafter 'K' and 'H' returned alongwith the accused-appellant and upon instigation by 'H', the appellant hit 'M' C on the head with a Kirpan, while 'K…
Supreme Court of India11 Sep 2012Full text
2012 INSC 388 · [2012] 12 S.C.R. 256
SAHARA INDIA REAL ESTATE CORP. LTD. v. SECURITIES & 257 EXCHANGE BOARD OF INDIA of all laws" - However, such orders of postponement should A be ordered for a limited duration and without disturbing the content of the publication - The test is that the publication (actual and not planned publication) must create a real …
Supreme Court of India10 Sep 2012Full text
2012 INSC 387 · [2012] 8 S.C.R. 278
Art. 226 - Writ petition involving title to the subject land - Held: There is no universal rule or principle of law which debars the Writ Court from entertaining adjudications G involving disputed questions of fact - In the instant case, petitioner, claimed title to the land in question on the basis of the deed of Inde…
Supreme Court of India10 Sep 2012Full text
2012 INSC 386 · [2012] 8 S.C.R. 270
Dilip Annasaheb Taur, Anil Kumar for the Appellants. c The Judgment of the Court was delivered by P. SATHASIVAM, J. 1. The short question to be decided in this petition is whether an accused charged with various offences under the Indian Penal Code, 1860 (in short 'IPC') along with the provisions of the Scheduled Caste…
Also on Law on Tips: Bare Acts · Legal news and analysis