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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.
601–620 · Page 31 of 382
Supreme Court of India9 Apr 2019Full text
2019 INSC 489 · [2019] 6 S.C.R. 941
Disposing of the appeals, the Court HELD : 1. The judicial pronouncements of this Court have endeavoured to devise a standard formula, so far as possible, in respect of the calculation of the amount of compensation qua F various components. The amount of compensation determined is to be paid to the claimants who are de…
Supreme Court of India9 Apr 2019Full text
2019 INSC 486 · [2019] 6 S.C.R. 577
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.
601–620 · Page 31 of 382
Supreme Court of India9 Apr 2019Full text
2019 INSC 489 · [2019] 6 S.C.R. 941
Disposing of the appeals, the Court HELD : 1. The judicial pronouncements of this Court have endeavoured to devise a standard formula, so far as possible, in respect of the calculation of the amount of compensation qua F various components. The amount of compensation determined is to be paid to the claimants who are de…
Supreme Court of India9 Apr 2019Full text
2019 INSC 486 · [2019] 6 S.C.R. 577
[2019] 6 S.C.R. 577 577 RUPALI DEVI A v. STATE OF UTTAR PRADESH & ORS. (Criminal Appeal No. 71 of 2012) APRIL 09, 2019 B [RANJAN GOGOI, CJI, L. NAGESWARA RAO AND SANJAY KISHAN KAUL, JJ.] Penal Code, 1860: s.498A – Jurisdiction – Whether in a case where cruelty had been committed in a matrimonial home by the C husband o…
Supreme Court of India9 Apr 2019Full text
2019 INSC 482 · [2019] 6 S.C.R. 549
U. R. Lalit, Sushil Kumar Jain, Meenakshi Arora, Sr. Advs. Puneet Jain, Harsh Jain, Abhinav Deshwal, Ms. Ankita Gupta, Shailendra Sharma H PEER SINGH v. STATE OF MADHYA PRADESH 551 (for Ms. Pratibha Jain), Ehtesham Hashmi, Akbar Siddique, Ms. Pallavi A Pratap, Advs. for the Appellant. Vaibhav Srivastava, DAG, Chandan K…
Supreme Court of India9 Apr 2019Full text
2019 INSC 481 · [2019] 5 S.C.R. 904
904 SUPREME COURT[2019]REPORTS5 S.C.R. 904 [2019] 5 S.C.R. A SAMPAT BABSO KALE & ANR. v. THE STATE OF MAHARASHTRA (Criminal Appeal Nos. 694–695 of 2011) B APRIL 09, 2019 [S.A. BOBDE AND DEEPAK GUPTA, JJ.] Penal Code, 1860: ss. 302/498A r/w. s. 34 – Murder by husband and his sister – C By setting his wife on fire – 98% …
Supreme Court of India14 Jan 2019Full text
2019 INSC 48 · [2019] 1 S.C.R. 982
982 UNION OF INDIA v. KRISHNA KUMAR 983 post of Naib Subedar. In 2011, Union of India introduced an A intermediate rank of Warrant officer by the abolition/upgradation of one post of Havildar. In terms of the new Recruitment Rules i.e. Assam Rifles Warrant Officer (General Duty) Group ‘C’ combatised Posts Recruitment R…
Supreme Court of India9 Apr 2019Full text
2019 INSC 478 · [2019] 6 S.C.R. 938
the order – On appeal, held: Present case has been tagged with M/s. D.J. Malpani vs. Commissioner of Central Excise, Nashik, [2019] 6 SCR 925 wherein it was held that the amount of Dharmada cannot be included in the transaction value for the purposes of assessments – In view of the said judgment, the present appeal is …
Supreme Court of India9 Apr 2019Full text
2019 INSC 478 · [2019] 6 S.C.R. 925
[2019] 6 S.C.R. 925 925 M/S D.J. MALPANI A v. COMMISSIONER OF CENTRAL EXCISE, NASHIK (Civil Appeal No. 5282 of 2005) APRIL 09, 2019 B [S. A. BOBDE, DEEPAK GUPTA AND VINEET SARAN, JJ.] Central Excise Act, 1944: s.4 – Assessable value – Dharmada, a charitable donation – Inclusion of, in the assessable value – Held: C Whe…
Supreme Court of India8 Apr 2019Full text
2019 INSC 477 · [2019] 6 S.C.R. 507
Allowing the appeal, the Court B HELD: 1.1 There were two FIRs filed pursuant to reporting that Respondent No.1 was guilty of objectionable behavior with adolescent girl students in the school. In both these FIRs the investigation was undertaken and charge-sheets stand filed. Thus, prima facie, the allegations made in …
Supreme Court of India8 Apr 2019Full text
2019 INSC 476 · [2019] 6 S.C.R. 478
Act – (ii)Whether the ITAT was justified in holding that the notice issued u/s.148 of the Act was bad because it was based on mere change of opinion by overlooking the fact that there was no foundation to form any such opinion – (iii) When admittedly the notice in question satisfied the requirements of s.148 of the Act…
Supreme Court of India8 Apr 2019Full text
2019 INSC 473 · [2019] 6 S.C.R. 283
Sufficient averments in the complaint to sustain the order for award of interim maintenance – Whether the requirements of ss.2(f), 2(q), 2(s) are fulfilled is a matter of evidence which would be adjudicated E upon the trial – At this stage, for the purpose of an interim order for maintenance, there was material which j…
Supreme Court of India8 Apr 2019Full text
2019 INSC 472 · [2019] 5 S.C.R. 761
J. S. Attri, Sr. Adv., Narender Singh, Rameshwar Prasad Goyal, Chandra Nand Jha. Advs. for the Appellant. H 761 762 SUPREME COURT REPORTS [2019] 5 S.C.R. A R. Balasubramanian, Sr. Adv., Prashant Singh, B. K. Satija, Ms. Alka Agrawal, Tanvir Nayar, A. K. Sharma, Advs. for the Respondent. The following Order of the Court…
Supreme Court of India8 Apr 2019Full text
2019 INSC 471 · [2019] 5 S.C.R. 765
submitted a test report, required for obtaining such connection, only in March 2005 – Respondent cannot be faulted for the delay which occurred between the date of the submission of the application and until the appellant complied with the requirement of submitting the test report on 24 March 2005 – No cogent explanati…
Supreme Court of India8 Apr 2019Full text
2019 INSC 470 · [2019] 6 S.C.R. 482
Emergency was lifted on 21.3.1977 – Next day, i.e. on 22.3.1977, detention orders in respect of 49 detenus including ‘R’ were re-voked by the State Government and detenu was released – On 30.4.1977, Competent Authority under SAFEMA issued notice to detenu and his wife to show cause the source of their income or F acts …
Supreme Court of India14 Jan 2019Full text
2019 INSC 47 · [2019] 1 S.C.R. 345
substantial error in the order of High Court – The accused are entitled to be acquitted as a reasonable suspicion or doubt persists regarding the guilt of the accused – Acquittal order confirmed.. Criminal Law: Presumption of innocence – Held: Where appellate court F acquits the accused, there is a double presumption i…
Supreme Court of India5 Apr 2019Full text
2019 INSC 469 · [2019] 6 S.C.R. 472
B Allowing the appeal, the Court HELD: 1.1 The High Court erred in interfering in the concurrent findings of facts of the two Courts below, which dismissed the plaintiffs’ suit. The trial court and the first appellate court on appreciating the evidence of the parties had rightly come C to a conclusion that the plaintif…
Supreme Court of India5 Apr 2019Full text
2019 INSC 468 · [2019] 5 S.C.R. 751
Ms. Bhabhna Das, Krishna Dev Jagarlamudi, Advocates for the G Appellant. Abhimanyu Bhandari, Ms. Akriti Chaubey, Ms. Roohina Dua, Kunwar Aditya Singh, Ejaz Maqbool, S. Udaya Kumar Sagar, Mrityunjai Singh, Advs. for the Respondents. H G. RAMESH v. KANIKE HARISH KUMAR UJWAL & ANR. 753 The Judgment of the Court was delive…
Supreme Court of India5 Apr 2019Full text
2019 INSC 467 · [2019] 6 S.C.R. 461
Boarding House in Public School in New Delhi and the mother to take custody of the boy in the summer vacation and to ensure that he returns to Boarding House after summer vacation – Case of the mother that after summer vacation son not willing to study in the boarding school and intends to study in the old school in Sh…
Supreme Court of India4 Apr 2019Full text
2019 INSC 464 · [2019] 6 S.C.R. 457
Rishi Malhotra, Utkarsh Singh, Advs. for the Appellants. B Mrs. Rani Chhabra, Advs. for the Respondent. The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal is directed against the final judgment and order C dated 14.05.2012 passed by the High Court of Judicature at Allaha…
Supreme Court of India4 Apr 2019Full text
2019 INSC 463 · [2019] 5 S.C.R. 1185
– Section 58(c) of Transfer of Property Act when read with s. 37A of Money Lenders Act, it is clear that the legislature intended to override the effect of proviso to s. 58(c) by enacting s. 37A – s. 37A is traceable to the Entry ‘Transfer of Property’ in the Concurrent List and not to ‘money lending’ in State List of …
Supreme Court of India4 Apr 2019Full text
2019 INSC 462 · [2019] 6 S.C.R. 443
443 444 SUPREME COURT REPORTS [2019] 6 S.C.R. A the said Will and it was observed that the later Will claimed by the present appellant cannot be taken to be duly proved and being a finding of fact duly supported by the material on record, there is no perversity or manifest error in the finding to be reviewed by this Co…
Also on Law on Tips: Bare Acts · Legal news and analysis
[2019] 6 S.C.R. 577 577 RUPALI DEVI A v. STATE OF UTTAR PRADESH & ORS. (Criminal Appeal No. 71 of 2012) APRIL 09, 2019 B [RANJAN GOGOI, CJI, L. NAGESWARA RAO AND SANJAY KISHAN KAUL, JJ.] Penal Code, 1860: s.498A – Jurisdiction – Whether in a case where cruelty had been committed in a matrimonial home by the C husband o…
Supreme Court of India9 Apr 2019Full text
2019 INSC 482 · [2019] 6 S.C.R. 549
U. R. Lalit, Sushil Kumar Jain, Meenakshi Arora, Sr. Advs. Puneet Jain, Harsh Jain, Abhinav Deshwal, Ms. Ankita Gupta, Shailendra Sharma H PEER SINGH v. STATE OF MADHYA PRADESH 551 (for Ms. Pratibha Jain), Ehtesham Hashmi, Akbar Siddique, Ms. Pallavi A Pratap, Advs. for the Appellant. Vaibhav Srivastava, DAG, Chandan K…
Supreme Court of India9 Apr 2019Full text
2019 INSC 481 · [2019] 5 S.C.R. 904
904 SUPREME COURT[2019]REPORTS5 S.C.R. 904 [2019] 5 S.C.R. A SAMPAT BABSO KALE & ANR. v. THE STATE OF MAHARASHTRA (Criminal Appeal Nos. 694–695 of 2011) B APRIL 09, 2019 [S.A. BOBDE AND DEEPAK GUPTA, JJ.] Penal Code, 1860: ss. 302/498A r/w. s. 34 – Murder by husband and his sister – C By setting his wife on fire – 98% …
Supreme Court of India14 Jan 2019Full text
2019 INSC 48 · [2019] 1 S.C.R. 982
982 UNION OF INDIA v. KRISHNA KUMAR 983 post of Naib Subedar. In 2011, Union of India introduced an A intermediate rank of Warrant officer by the abolition/upgradation of one post of Havildar. In terms of the new Recruitment Rules i.e. Assam Rifles Warrant Officer (General Duty) Group ‘C’ combatised Posts Recruitment R…
Supreme Court of India9 Apr 2019Full text
2019 INSC 478 · [2019] 6 S.C.R. 938
the order – On appeal, held: Present case has been tagged with M/s. D.J. Malpani vs. Commissioner of Central Excise, Nashik, [2019] 6 SCR 925 wherein it was held that the amount of Dharmada cannot be included in the transaction value for the purposes of assessments – In view of the said judgment, the present appeal is …
Supreme Court of India9 Apr 2019Full text
2019 INSC 478 · [2019] 6 S.C.R. 925
[2019] 6 S.C.R. 925 925 M/S D.J. MALPANI A v. COMMISSIONER OF CENTRAL EXCISE, NASHIK (Civil Appeal No. 5282 of 2005) APRIL 09, 2019 B [S. A. BOBDE, DEEPAK GUPTA AND VINEET SARAN, JJ.] Central Excise Act, 1944: s.4 – Assessable value – Dharmada, a charitable donation – Inclusion of, in the assessable value – Held: C Whe…
Supreme Court of India8 Apr 2019Full text
2019 INSC 477 · [2019] 6 S.C.R. 507
Allowing the appeal, the Court B HELD: 1.1 There were two FIRs filed pursuant to reporting that Respondent No.1 was guilty of objectionable behavior with adolescent girl students in the school. In both these FIRs the investigation was undertaken and charge-sheets stand filed. Thus, prima facie, the allegations made in …
Supreme Court of India8 Apr 2019Full text
2019 INSC 476 · [2019] 6 S.C.R. 478
Act – (ii)Whether the ITAT was justified in holding that the notice issued u/s.148 of the Act was bad because it was based on mere change of opinion by overlooking the fact that there was no foundation to form any such opinion – (iii) When admittedly the notice in question satisfied the requirements of s.148 of the Act…
Supreme Court of India8 Apr 2019Full text
2019 INSC 473 · [2019] 6 S.C.R. 283
Sufficient averments in the complaint to sustain the order for award of interim maintenance – Whether the requirements of ss.2(f), 2(q), 2(s) are fulfilled is a matter of evidence which would be adjudicated E upon the trial – At this stage, for the purpose of an interim order for maintenance, there was material which j…
Supreme Court of India8 Apr 2019Full text
2019 INSC 472 · [2019] 5 S.C.R. 761
J. S. Attri, Sr. Adv., Narender Singh, Rameshwar Prasad Goyal, Chandra Nand Jha. Advs. for the Appellant. H 761 762 SUPREME COURT REPORTS [2019] 5 S.C.R. A R. Balasubramanian, Sr. Adv., Prashant Singh, B. K. Satija, Ms. Alka Agrawal, Tanvir Nayar, A. K. Sharma, Advs. for the Respondent. The following Order of the Court…
Supreme Court of India8 Apr 2019Full text
2019 INSC 471 · [2019] 5 S.C.R. 765
submitted a test report, required for obtaining such connection, only in March 2005 – Respondent cannot be faulted for the delay which occurred between the date of the submission of the application and until the appellant complied with the requirement of submitting the test report on 24 March 2005 – No cogent explanati…
Supreme Court of India8 Apr 2019Full text
2019 INSC 470 · [2019] 6 S.C.R. 482
Emergency was lifted on 21.3.1977 – Next day, i.e. on 22.3.1977, detention orders in respect of 49 detenus including ‘R’ were re-voked by the State Government and detenu was released – On 30.4.1977, Competent Authority under SAFEMA issued notice to detenu and his wife to show cause the source of their income or F acts …
Supreme Court of India14 Jan 2019Full text
2019 INSC 47 · [2019] 1 S.C.R. 345
substantial error in the order of High Court – The accused are entitled to be acquitted as a reasonable suspicion or doubt persists regarding the guilt of the accused – Acquittal order confirmed.. Criminal Law: Presumption of innocence – Held: Where appellate court F acquits the accused, there is a double presumption i…
Supreme Court of India5 Apr 2019Full text
2019 INSC 469 · [2019] 6 S.C.R. 472
B Allowing the appeal, the Court HELD: 1.1 The High Court erred in interfering in the concurrent findings of facts of the two Courts below, which dismissed the plaintiffs’ suit. The trial court and the first appellate court on appreciating the evidence of the parties had rightly come C to a conclusion that the plaintif…
Supreme Court of India5 Apr 2019Full text
2019 INSC 468 · [2019] 5 S.C.R. 751
Ms. Bhabhna Das, Krishna Dev Jagarlamudi, Advocates for the G Appellant. Abhimanyu Bhandari, Ms. Akriti Chaubey, Ms. Roohina Dua, Kunwar Aditya Singh, Ejaz Maqbool, S. Udaya Kumar Sagar, Mrityunjai Singh, Advs. for the Respondents. H G. RAMESH v. KANIKE HARISH KUMAR UJWAL & ANR. 753 The Judgment of the Court was delive…
Supreme Court of India5 Apr 2019Full text
2019 INSC 467 · [2019] 6 S.C.R. 461
Boarding House in Public School in New Delhi and the mother to take custody of the boy in the summer vacation and to ensure that he returns to Boarding House after summer vacation – Case of the mother that after summer vacation son not willing to study in the boarding school and intends to study in the old school in Sh…
Supreme Court of India4 Apr 2019Full text
2019 INSC 464 · [2019] 6 S.C.R. 457
Rishi Malhotra, Utkarsh Singh, Advs. for the Appellants. B Mrs. Rani Chhabra, Advs. for the Respondent. The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal is directed against the final judgment and order C dated 14.05.2012 passed by the High Court of Judicature at Allaha…
Supreme Court of India4 Apr 2019Full text
2019 INSC 463 · [2019] 5 S.C.R. 1185
– Section 58(c) of Transfer of Property Act when read with s. 37A of Money Lenders Act, it is clear that the legislature intended to override the effect of proviso to s. 58(c) by enacting s. 37A – s. 37A is traceable to the Entry ‘Transfer of Property’ in the Concurrent List and not to ‘money lending’ in State List of …
Supreme Court of India4 Apr 2019Full text
2019 INSC 462 · [2019] 6 S.C.R. 443
443 444 SUPREME COURT REPORTS [2019] 6 S.C.R. A the said Will and it was observed that the later Will claimed by the present appellant cannot be taken to be duly proved and being a finding of fact duly supported by the material on record, there is no perversity or manifest error in the finding to be reviewed by this Co…
Also on Law on Tips: Bare Acts · Legal news and analysis