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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.
6,081–6,100 · Page 305 of 382
Supreme Court of India31 Aug 2012Full text
2012 INSC 367 · [2012] 12 S.C.R. 1
(2012] 12 S.C.R. 1 SAHARA INDIA REAL ESTATE CORPORATION LIMITED A & ORS. v. SECURITIES AND EXCHANGE BOARD OF INDIA & ANR. (Civil Appeal No. 9813 of 2011) B AUGUST 31, 2012 [K.S. RADHAKRISHNAN AND JAGDISH SINGH KHEHAR, JJ.] Companies Act, 1956 - s. 55A - Allegation of pre- c planned attempt to bypass the regulatory (and…
Supreme Court of India31 Aug 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.
6,081–6,100 · Page 305 of 382
Supreme Court of India31 Aug 2012Full text
2012 INSC 367 · [2012] 12 S.C.R. 1
(2012] 12 S.C.R. 1 SAHARA INDIA REAL ESTATE CORPORATION LIMITED A & ORS. v. SECURITIES AND EXCHANGE BOARD OF INDIA & ANR. (Civil Appeal No. 9813 of 2011) B AUGUST 31, 2012 [K.S. RADHAKRISHNAN AND JAGDISH SINGH KHEHAR, JJ.] Companies Act, 1956 - s. 55A - Allegation of pre- c planned attempt to bypass the regulatory (and…
Supreme Court of India31 Aug 2012Full text
2012 INSC 366 · [2012] 10 S.C.R. 480
- But such power should be exercised in exceptional and rare cases when such course becomes indispensable to avert failure of justice - Exercise of such power depends on facts D and circumstances of the case - The present case is of extremely serious and exceptional nature, where retrial of the accused is indispensable…
Supreme Court of India31 Aug 2012Full text
2012 INSC 365 · [2012] 8 S.C.R. 208
State filed appeal to this Court. The Division Bench F of this Court, finding a conflict in the decision of two Division Benches of this Court on the question whether criminal proceedings against an accused, notwithstanding his exoneration on the identical charge in the departmental proceeding could continue, referred …
Supreme Court of India30 Aug 2012Full text
2012 INSC 364 · [2012] 10 S.C.R. 416
KRISHI UPAJ MANDI SAMITI, NARSINGHPUR v. SHIV 417 SHAKTI KHANSARI UDYOG the State Government had not reseNed the Adhiniyam for A Presidential assent on the ground of any repugnancy between the provisions thereof and the Sugarcane Control Order- The State Government could not have even thought of any repugnancy between …
Supreme Court of India30 Aug 2012Full text
2012 INSC 363 · [2012] 11 S.C.R. 299
300 SUPREME COURT REPORTS [2012] 11 S.C.R. A on Graduate Medical Education, 1997 - Regulation 5(2) -Constitution of India, 1950 - Articles 19(1)(g) and 142. Admission - In Medical College - College entering into consensual arrangement with State Government to fill 85% of MBBS seats by the students allocated by competen…
Supreme Court of India29 Aug 2012Full text
2012 INSC 362 · [2012] 12 S.C.R. 975
Customs, Excise and Service Tax Appellate Tribunal E reversed the findings of the Adjudicating Authority and Appellate Authority and allowed the appeal of the appellants holding that there was no allegation that the wholesale price charged by the assessee was for extra-co mm e rc i a I consideration and t…
Supreme Court of India29 Aug 2012Full text
2012 INSC 361 · [2012] 7 S.C.R. 434
VIJAY SINGH v. STATE OF DELHI 435 appropriate orders can be passed by the Supreme Court itself A - Consequently, conviction of appellant sustained, but the sentence imposed on him set aside - Penal Code, 1860 -s.307 . .The offence alleged against the appellant was that on 8 11-3-1998, he gave knife blows on the person …
Supreme Court of India29 Aug 2012Full text
2012 INSC 360 · [2012] 7 S.C.R. 427
The instant appeal was filed by the State against the G judgment and order of the High Court by which it upheld the conviction of the respondent u/s 25(1 )(a) of the Arms Act, 1959 for being in possession of a country made gun with 2 round bullets and 50 gms explosive, without 427 H 428 SUPREME COURT REPORTS [2012] 7 S…
Supreme Court of India17 Jan 2012Full text
2012 INSC 36 · [2012] 1 S.C.R. 330
VASANTI DUBEY v. STATE OF MADHYA PRADESH 331 report and in the process consistently committed error of law A and jurisdiction not only once, but twice - Special Judge was not competent to proceed in the matter without sanction for prosecution and hence could not have ordered for reinvestigation - This amounted to sheer…
Supreme Court of India29 Aug 2012Full text
2012 INSC 359 · [2012] 7 S.C.R. 402
Writ petitions, including D.B.C.W.P.No.8104 of 2008, were filed by the candidates belonging to the general category in the State of Rajasthan, challenging the H 402 SALAUDDIN AHMED & ANR. v. SAMTA ANDOLAN 403 Notifications dated 28.12.2002 and 25.4.2008 issued by A the State Government. The Division Bench of the High C…
Supreme Court of India29 Aug 2012Full text
2012 INSC 358 · [2012] 7 S.C.R. 387
Satinder S. Gulati, Anubha…
Supreme Court of India29 Aug 2012Full text
2012 INSC 356 · [2012] 8 S.C.R. 189
Sentence/Sentencing - Proportionality in sentence - In motor accident cases - An appropriate punishment works as an eye-opener for persons who are not careful while driving F- It is duty of the court to see that appropriate sentence is imposed taking into regard commission of crime and its impact on social order. Compe…
Supreme Court of India28 Aug 2012Full text
2012 INSC 355 · [2012] 10 S.C.R. 388
[2012] 10 S.C.R. 388 A MANGAL AMUSEMENT PARK (P) LTD. & ANR. V. STATE OF MADHYA PRADESH & OTHERS (Civil Appeal No. 6105 of 2012) AUGUST 28, 2012 B [SURINDER SINGH NIJJAR AND H.L. GOKHALE, JJ.] Town Planning - Town planning scheme of Indore -Allotment of land - To appellants for establishment of C Children's amusement p…
Supreme Court of India28 Aug 2012Full text
2012 INSC 354 · [2012] 8 S.C.R. 170
Partly allowing the appeals, the Court HELD: 1. Even though the powers of this Court under D Article 136 of the Constitution are very wide, but it would not interfere with the concurrent findings of fact, save in exceptional circumstances. It would interfere in the findings recorded by the trial court as well as the Hi…
Supreme Court of India27 Aug 2012Full text
2012 INSC 353 · [2012] 7 S.C.R. 905
D ORDER 1. This petition has been filed for quashing the First Information Report No. 609 of 2012 under Sections 363, 366, 328 and 504 of Indian Penal Code, 1860 (hereinafter called E 'IPC') registered at Police Station Hissar, (City) Haryana and for further direction to the State Authorities to register the criminal c…
Supreme Court of India24 Aug 2012Full text
2012 INSC 352 · [2012] 11 S.C.R. 873
Centre for Public Interest Litigation and Ors. etc. v. Union0 of India and Ors. (2012) 3 SCC 1- referred to. lndo China $team Navigation Co. v. Jasjeet Singh 1964 (6) SCR 594;State of Maharashtra v. Hans George 1965 (1) SCR 123; R.S. Joshi, Sales Tax Officer, Gujarat and Ors. v. E Ajit Mills Ltd. and Anr. 1977 (4) sec …
Supreme Court of India24 Aug 2012Full text
2012 INSC 351 · [2012] 8 S.C.R. 163
F6017 of 2012. From the Judgment & Order dated 29.5.2012 of the National Consumer Disputes Redressal Commission, New Delhi in First Appeal No. 42 of 2012. G Abhishek Chaudhary for the Appellant. K.P. Sunder Rao, Wajeeh Shafiq, Chandan Kumar Rai for the Respondents. 163 H 164 SUPREME COURT REPORTS [2012] 8 S.C.R. A The …
Supreme Court of India23 Aug 2012Full text
2012 INSC 350 · [2012] 7 S.C.R. 381
c 2.1. Since the deceased was stated to be 35 years old at the time of his death, the multiplier would be 16 which has to be applied for calculating the compensation. The Tribunal after examining the materials before it, found that after deducting 1/3rd of personal expenses, the monthly0 income of the deceased was Rs.7…
Supreme Court of India17 Jan 2012Full text
2012 INSC 35 · [2012] 1 S.C.R. 318
G ss. 23 and 28 - Contract in violation of ss. 23 and 28 -Permissibility of - Held: Parties to an agreement cannot contract against the statutory provisions. · H 318 A.V.M. SALES CORPORATION v. ANURADHA 319 CHEMICALS PVT. LTD. Jurisdiction - Court having no territorial or pecuniary A jurisdiction - If parties to an agr…
Supreme Court of India23 Aug 2012Full text
2012 INSC 349 · [2012] 8 S.C.R. 157
The question for consideration in the present appeal was whether by applying the principle of rounding-off, the E eligibility criteria prescribed for the qualifying examination for admission to the PG Course in M.Sc. (Nursing) could be relaxed. Disposing of the appeal, the Court F HELD: No provision of any statute or a…
Also on Law on Tips: Bare Acts · Legal news and analysis
2012 INSC 366 · [2012] 10 S.C.R. 480
- But such power should be exercised in exceptional and rare cases when such course becomes indispensable to avert failure of justice - Exercise of such power depends on facts D and circumstances of the case - The present case is of extremely serious and exceptional nature, where retrial of the accused is indispensable…
Supreme Court of India31 Aug 2012Full text
2012 INSC 365 · [2012] 8 S.C.R. 208
State filed appeal to this Court. The Division Bench F of this Court, finding a conflict in the decision of two Division Benches of this Court on the question whether criminal proceedings against an accused, notwithstanding his exoneration on the identical charge in the departmental proceeding could continue, referred …
Supreme Court of India30 Aug 2012Full text
2012 INSC 364 · [2012] 10 S.C.R. 416
KRISHI UPAJ MANDI SAMITI, NARSINGHPUR v. SHIV 417 SHAKTI KHANSARI UDYOG the State Government had not reseNed the Adhiniyam for A Presidential assent on the ground of any repugnancy between the provisions thereof and the Sugarcane Control Order- The State Government could not have even thought of any repugnancy between …
Supreme Court of India30 Aug 2012Full text
2012 INSC 363 · [2012] 11 S.C.R. 299
300 SUPREME COURT REPORTS [2012] 11 S.C.R. A on Graduate Medical Education, 1997 - Regulation 5(2) -Constitution of India, 1950 - Articles 19(1)(g) and 142. Admission - In Medical College - College entering into consensual arrangement with State Government to fill 85% of MBBS seats by the students allocated by competen…
Supreme Court of India29 Aug 2012Full text
2012 INSC 362 · [2012] 12 S.C.R. 975
Customs, Excise and Service Tax Appellate Tribunal E reversed the findings of the Adjudicating Authority and Appellate Authority and allowed the appeal of the appellants holding that there was no allegation that the wholesale price charged by the assessee was for extra-co mm e rc i a I consideration and t…
Supreme Court of India29 Aug 2012Full text
2012 INSC 361 · [2012] 7 S.C.R. 434
VIJAY SINGH v. STATE OF DELHI 435 appropriate orders can be passed by the Supreme Court itself A - Consequently, conviction of appellant sustained, but the sentence imposed on him set aside - Penal Code, 1860 -s.307 . .The offence alleged against the appellant was that on 8 11-3-1998, he gave knife blows on the person …
Supreme Court of India29 Aug 2012Full text
2012 INSC 360 · [2012] 7 S.C.R. 427
The instant appeal was filed by the State against the G judgment and order of the High Court by which it upheld the conviction of the respondent u/s 25(1 )(a) of the Arms Act, 1959 for being in possession of a country made gun with 2 round bullets and 50 gms explosive, without 427 H 428 SUPREME COURT REPORTS [2012] 7 S…
Supreme Court of India17 Jan 2012Full text
2012 INSC 36 · [2012] 1 S.C.R. 330
VASANTI DUBEY v. STATE OF MADHYA PRADESH 331 report and in the process consistently committed error of law A and jurisdiction not only once, but twice - Special Judge was not competent to proceed in the matter without sanction for prosecution and hence could not have ordered for reinvestigation - This amounted to sheer…
Supreme Court of India29 Aug 2012Full text
2012 INSC 359 · [2012] 7 S.C.R. 402
Writ petitions, including D.B.C.W.P.No.8104 of 2008, were filed by the candidates belonging to the general category in the State of Rajasthan, challenging the H 402 SALAUDDIN AHMED & ANR. v. SAMTA ANDOLAN 403 Notifications dated 28.12.2002 and 25.4.2008 issued by A the State Government. The Division Bench of the High C…
Supreme Court of India29 Aug 2012Full text
2012 INSC 358 · [2012] 7 S.C.R. 387
Satinder S. Gulati, Anubha…
Supreme Court of India29 Aug 2012Full text
2012 INSC 356 · [2012] 8 S.C.R. 189
Sentence/Sentencing - Proportionality in sentence - In motor accident cases - An appropriate punishment works as an eye-opener for persons who are not careful while driving F- It is duty of the court to see that appropriate sentence is imposed taking into regard commission of crime and its impact on social order. Compe…
Supreme Court of India28 Aug 2012Full text
2012 INSC 355 · [2012] 10 S.C.R. 388
[2012] 10 S.C.R. 388 A MANGAL AMUSEMENT PARK (P) LTD. & ANR. V. STATE OF MADHYA PRADESH & OTHERS (Civil Appeal No. 6105 of 2012) AUGUST 28, 2012 B [SURINDER SINGH NIJJAR AND H.L. GOKHALE, JJ.] Town Planning - Town planning scheme of Indore -Allotment of land - To appellants for establishment of C Children's amusement p…
Supreme Court of India28 Aug 2012Full text
2012 INSC 354 · [2012] 8 S.C.R. 170
Partly allowing the appeals, the Court HELD: 1. Even though the powers of this Court under D Article 136 of the Constitution are very wide, but it would not interfere with the concurrent findings of fact, save in exceptional circumstances. It would interfere in the findings recorded by the trial court as well as the Hi…
Supreme Court of India27 Aug 2012Full text
2012 INSC 353 · [2012] 7 S.C.R. 905
D ORDER 1. This petition has been filed for quashing the First Information Report No. 609 of 2012 under Sections 363, 366, 328 and 504 of Indian Penal Code, 1860 (hereinafter called E 'IPC') registered at Police Station Hissar, (City) Haryana and for further direction to the State Authorities to register the criminal c…
Supreme Court of India24 Aug 2012Full text
2012 INSC 352 · [2012] 11 S.C.R. 873
Centre for Public Interest Litigation and Ors. etc. v. Union0 of India and Ors. (2012) 3 SCC 1- referred to. lndo China $team Navigation Co. v. Jasjeet Singh 1964 (6) SCR 594;State of Maharashtra v. Hans George 1965 (1) SCR 123; R.S. Joshi, Sales Tax Officer, Gujarat and Ors. v. E Ajit Mills Ltd. and Anr. 1977 (4) sec …
Supreme Court of India24 Aug 2012Full text
2012 INSC 351 · [2012] 8 S.C.R. 163
F6017 of 2012. From the Judgment & Order dated 29.5.2012 of the National Consumer Disputes Redressal Commission, New Delhi in First Appeal No. 42 of 2012. G Abhishek Chaudhary for the Appellant. K.P. Sunder Rao, Wajeeh Shafiq, Chandan Kumar Rai for the Respondents. 163 H 164 SUPREME COURT REPORTS [2012] 8 S.C.R. A The …
Supreme Court of India23 Aug 2012Full text
2012 INSC 350 · [2012] 7 S.C.R. 381
c 2.1. Since the deceased was stated to be 35 years old at the time of his death, the multiplier would be 16 which has to be applied for calculating the compensation. The Tribunal after examining the materials before it, found that after deducting 1/3rd of personal expenses, the monthly0 income of the deceased was Rs.7…
Supreme Court of India17 Jan 2012Full text
2012 INSC 35 · [2012] 1 S.C.R. 318
G ss. 23 and 28 - Contract in violation of ss. 23 and 28 -Permissibility of - Held: Parties to an agreement cannot contract against the statutory provisions. · H 318 A.V.M. SALES CORPORATION v. ANURADHA 319 CHEMICALS PVT. LTD. Jurisdiction - Court having no territorial or pecuniary A jurisdiction - If parties to an agr…
Supreme Court of India23 Aug 2012Full text
2012 INSC 349 · [2012] 8 S.C.R. 157
The question for consideration in the present appeal was whether by applying the principle of rounding-off, the E eligibility criteria prescribed for the qualifying examination for admission to the PG Course in M.Sc. (Nursing) could be relaxed. Disposing of the appeal, the Court F HELD: No provision of any statute or a…
Also on Law on Tips: Bare Acts · Legal news and analysis