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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.
6,201–6,220 · Page 311 of 382
Supreme Court of India2 Jul 2012Full text
2012 INSC 259 · [2012] 6 S.C.R. 307
308 SUPREME COURT REPORTS [2012] 6 S.C.R. A Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended), for indulging in hawala activities. The first petitioner (mother of detenue) filed a writ petition before the High Court challenging the detention order. The Division Bench of B th…
Supreme Court of India2 Jul 2012Full text
2012 INSC 258 · [2012] 6 S.C.R. 277
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.
6,201–6,220 · Page 311 of 382
Supreme Court of India2 Jul 2012Full text
2012 INSC 259 · [2012] 6 S.C.R. 307
308 SUPREME COURT REPORTS [2012] 6 S.C.R. A Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended), for indulging in hawala activities. The first petitioner (mother of detenue) filed a writ petition before the High Court challenging the detention order. The Division Bench of B th…
Supreme Court of India2 Jul 2012Full text
2012 INSC 258 · [2012] 6 S.C.R. 277
278 SUPREME COURT REPORTS [2012] 6 S.C.R. A to law and was unjustified - While exercising the power under the Act, the Panchayat was not acting as a subordinate to Additional Director of Panchayat but as a body representing the will of the people and also a body corporate in terms of s. 8 - High Court erred in holding …
Supreme Court of India2 Jul 2012Full text
2012 INSC 257 · [2012] 6 S.C.R. 237
238 SUPREME COURT REPORTS [2012] 6 S.C.R. A rlw Or.47, r.1, CPC - The petitioner did not offer any explanation as to why it did not lead any evidence before the reference Court to show that sale deed Exhibit P1 was not a bona fide transaction and the vendee had paid unusually high price for extraneous reasons - Petitio…
Supreme Court of India2 Jul 2012Full text
2012 INSC 256 · [2012] 6 S.C.R. 230
Partly allowing the appeal, the Court H 232 SUPREME COURT REPORTS [2012) 6 S.C.R. A HELD: There was no evidence to suggest any pre-meditation on the part of the appellants to assault the deceased or to show that assailants intended to kill the deceased. There was no previous enmity between the parties who were resident…
Supreme Court of India11 Jun 2012Full text
2012 INSC 255 · [2012] 6 S.C.R. 215
[2012] 6 S.C.R. 215 ACC LIMITED (FORMERLY KNOWN AS THE A ASSOCIATED CEMENT CO. LTD.) v. GLOBAL CEMENTS LTD. (Special Leave Petition (C) No. 17689 of 2012) B JUNE 11, 2012 [K.S. RADHAKRISHNAN AND JAGDISH SINGH KHEHAR, JJ.] Arbitration and Conciliation Act, 1996 - s. 11 - C Appointment of arbitrator - Death of named arbi…
Supreme Court of India7 Jun 2012Full text
2012 INSC 254 · [2012] 6 S.C.R. 723
723 H 724 SUPREME COURT REPORTS [2C12] 6 S.C.R. A Code of Criminal Procedure, 1973: ss. 190 and 204 - Double murder - First Information report - Investigation by CBI-Closure report by CBI - Informant filing protest petition and seeking further investigation - Magistrate reje_cting the closure report as well as protest …
Supreme Court of India29 May 2012Full text
2012 INSC 253 · [2012] 6 S.C.R. 193
JUGENDRA SINGH v. STATE OF U. P. 195 Jadunath Singh and Others v. State of UP. AIR 1972 SC A 116; Oamodar Prasad Chandrika Prasad and Others v. State of Maharashtra 1972 (2) SCR 622 = AIR 1972 SC 622; State of Bombay v. Rusy Mistry, AIR 1960 SC 391; Shivaji Sahebrao Bobade and another v. State of Maharashtra 1974 (1) S…
Supreme Court of India29 May 2012Full text
2012 INSC 252 · [2012] 6 S.C.R. 182
[2012] 6 S.C.R. 182 A THE SECRETARY, MIN.OF DEFENCE & ORS. v. PRABHASH CHANDRA MIRDHA (Civil Appeal No. 2333 of 2007) MAY 29, 2012 B [DR. B.S. CHAUHAN AND DIPAK MISRA, JJ.] Service Law - Misconduct - Disciplinary proceedings -Whether the authority, lower or higher than of the appointing C authority, can initiate the pr…
Supreme Court of India29 May 2012Full text
2012 INSC 251 · [2012] 6 S.C.R. 165
166 SUPREME COURT REPORTS [2012] 6 S.C.R. A provided, it would not be at all appropriate to exercise jurisdiction u/Article 142 of the Constitution of India to reduce the sentence on the ground of the so-called mitigating factors as that would tantamount to supplanting statutory mandate -The amount may be small but to …
Supreme Court of India25 May 2012Full text
2012 INSC 250 · [2012] 6 S.C.R. 710
[2012] 6 S.C.R. 710 A MUKUT BIHARI & ANR. v. STATE OF RAJASTHAN (Criminal Appeal No. 870 of 2012) MAY 25, 2012 B [DR. B.S. CHAUHAN AND DIPAK MISRA, JJ.] Prevention of Corruption Act, 1988: c ss. 7 and 13(1)(d) rlw. s. 13(2) - Prosecution under rlw s. 1208 /PC - Demand and acceptance of bribe - Trap - Seizure of tainted…
Supreme Court of India13 Jan 2012Full text
2012 INSC 25 · [2012] 1 S.C.R. 246
OM PRAKASH ASATI v. STATE OF U.P. & ORS. 247 Water Supply and Sewerage Act was enacted. The said A enactment resulted in the creation of the Uttar Pradesh Jal Nigam. In 1976, the services of the petitioner came to be allocated to the Jal Nigam, where the petitioner was absorbed against the post of Assistant Engineer, o…
Supreme Court of India25 May 2012Full text
2012 INSC 249 · [2012] 6 S.C.R. 148
According to the prosecution case, appellant F committed rape on PW 1. FIR was lodged. PW 1-prosecutrix was medically examined. Her statement was recorded under Section 164 Cr.P.C. before the Magistrate. The trial court convicted the appellant under Section 376 IPC and imposed rigorous imprisonment for a period of G se…
Supreme Court of India25 May 2012Full text
2012 INSC 248 · [2012] 6 S.C.R. 128
One 'P' and others whose names had figured in the select list but were not appointed had filed OA before the Chandigarh Bench of the tribunal. The tribunal had D allowed the OA directing the competent authorify to issue appointment letters to them. The competent authority instead of appointing P and others against the …
Supreme Court of India24 May 2012Full text
2012 INSC 247 · [2012] 6 S.C.R. 105
In appeal to this Court, the appellants contended that D no recovery could have been made from them as 'G' had left huge movable/ immovable properties and other livestocks which could satisfy the demand of the bank loan; that more so, there were two guarantors and father of the appellants was not the only guarantor and…
Supreme Court of India23 May 2012Full text
2012 INSC 246 · [2012] 6 S.C.R. 98
S.P. Singh, Sushma Suri, B. Sunita Rao, D.S. Mahara for the Appellants. D The Order of the Court was delivered ORDER 1. This appeal has been preferred against the impugned E judgment and order dated 23.5.2006 passed by the High Court of Judicature at Allahabad in C.M.W.P. No.28535 of 2006 directing the appellants herei…
Supreme Court of India22 May 2012Full text
2012 INSC 245 · [2012] 6 S.C.R. 75
- The whole thing was buttressed on the edifice of fraud - The impugned judgments and decrees are set aside - As a natural corollary, the judgment and decree dated 27. 11. 1973 is also 75 H 76 SUPREME COURT REPORTS [2012] 6 S.C.R. A set aside - Code of Civil Procedure, 1908 - 0.10, r. 1 and 0. 15, r. 1. DEEDS AND DOCUM…
Supreme Court of India22 May 2012Full text
2012 INSC 244 · [2012] 6 S.C.R. 62
Appeal: Appeal against acquittal - Scope of interference F - Held: The appellate court can interfere with the order of the acquittal only in exceptional cases where there are compelling circumstances and the judgment in appeal is found to be perverse - The appellate court should bear in mind the presumption of innocenc…
Supreme Court of India21 May 2012Full text
2012 INSC 243 · [2012] 6 S.C.R. 688
Criminal Trial - Benefit of doubt - Held: The doubt should be reasonable based upon reason and common sense and not an imaginary, trivial or merely possible doubt - The duty of the court is to ensure that miscarriage of justice is avoided. F Witness - Hostile witness - Evidentiary value - Held: Evidence of hostile witn…
Supreme Court of India21 May 2012Full text
2012 INSC 242 · [2012] 6 S.C.R. 34
[2012] 6 S.C.R. 34 A UNION OF INDIA AND OTHERS v. S. SRINIVASAN (Civil Appeal No. 3185 of 2005) MAY 21, 2012B [DR. 8.5. CHAUHAN AND DIPAK MISRA, JJ.] Foreign Exchange Management Act, 1999 - ss. 21(1}(b}, 2(s), 46 - Appellate Tribunal for Foreign Exchange C (Recruitment, Salary and Allowances and other Conditions of Ser…
Supreme Court of India21 May 2012Full text
2012 INSC 241 · [2012] 6 S.C.R. 18
STATE OF RAJASTHAN v. DARSHAN SINGH @ 19 DARSHAN LAL interfere with the order of acquittal where there are compe/ling A circumstances and the judgment under appeal is found to be perverse - Appellate court should bear in mind the presumption of innocence of the accused and further that the trial court's acquittal bolst…
Also on Law on Tips: Bare Acts · Legal news and analysis
278 SUPREME COURT REPORTS [2012] 6 S.C.R. A to law and was unjustified - While exercising the power under the Act, the Panchayat was not acting as a subordinate to Additional Director of Panchayat but as a body representing the will of the people and also a body corporate in terms of s. 8 - High Court erred in holding …
Supreme Court of India2 Jul 2012Full text
2012 INSC 257 · [2012] 6 S.C.R. 237
238 SUPREME COURT REPORTS [2012] 6 S.C.R. A rlw Or.47, r.1, CPC - The petitioner did not offer any explanation as to why it did not lead any evidence before the reference Court to show that sale deed Exhibit P1 was not a bona fide transaction and the vendee had paid unusually high price for extraneous reasons - Petitio…
Supreme Court of India2 Jul 2012Full text
2012 INSC 256 · [2012] 6 S.C.R. 230
Partly allowing the appeal, the Court H 232 SUPREME COURT REPORTS [2012) 6 S.C.R. A HELD: There was no evidence to suggest any pre-meditation on the part of the appellants to assault the deceased or to show that assailants intended to kill the deceased. There was no previous enmity between the parties who were resident…
Supreme Court of India11 Jun 2012Full text
2012 INSC 255 · [2012] 6 S.C.R. 215
[2012] 6 S.C.R. 215 ACC LIMITED (FORMERLY KNOWN AS THE A ASSOCIATED CEMENT CO. LTD.) v. GLOBAL CEMENTS LTD. (Special Leave Petition (C) No. 17689 of 2012) B JUNE 11, 2012 [K.S. RADHAKRISHNAN AND JAGDISH SINGH KHEHAR, JJ.] Arbitration and Conciliation Act, 1996 - s. 11 - C Appointment of arbitrator - Death of named arbi…
Supreme Court of India7 Jun 2012Full text
2012 INSC 254 · [2012] 6 S.C.R. 723
723 H 724 SUPREME COURT REPORTS [2C12] 6 S.C.R. A Code of Criminal Procedure, 1973: ss. 190 and 204 - Double murder - First Information report - Investigation by CBI-Closure report by CBI - Informant filing protest petition and seeking further investigation - Magistrate reje_cting the closure report as well as protest …
Supreme Court of India29 May 2012Full text
2012 INSC 253 · [2012] 6 S.C.R. 193
JUGENDRA SINGH v. STATE OF U. P. 195 Jadunath Singh and Others v. State of UP. AIR 1972 SC A 116; Oamodar Prasad Chandrika Prasad and Others v. State of Maharashtra 1972 (2) SCR 622 = AIR 1972 SC 622; State of Bombay v. Rusy Mistry, AIR 1960 SC 391; Shivaji Sahebrao Bobade and another v. State of Maharashtra 1974 (1) S…
Supreme Court of India29 May 2012Full text
2012 INSC 252 · [2012] 6 S.C.R. 182
[2012] 6 S.C.R. 182 A THE SECRETARY, MIN.OF DEFENCE & ORS. v. PRABHASH CHANDRA MIRDHA (Civil Appeal No. 2333 of 2007) MAY 29, 2012 B [DR. B.S. CHAUHAN AND DIPAK MISRA, JJ.] Service Law - Misconduct - Disciplinary proceedings -Whether the authority, lower or higher than of the appointing C authority, can initiate the pr…
Supreme Court of India29 May 2012Full text
2012 INSC 251 · [2012] 6 S.C.R. 165
166 SUPREME COURT REPORTS [2012] 6 S.C.R. A provided, it would not be at all appropriate to exercise jurisdiction u/Article 142 of the Constitution of India to reduce the sentence on the ground of the so-called mitigating factors as that would tantamount to supplanting statutory mandate -The amount may be small but to …
Supreme Court of India25 May 2012Full text
2012 INSC 250 · [2012] 6 S.C.R. 710
[2012] 6 S.C.R. 710 A MUKUT BIHARI & ANR. v. STATE OF RAJASTHAN (Criminal Appeal No. 870 of 2012) MAY 25, 2012 B [DR. B.S. CHAUHAN AND DIPAK MISRA, JJ.] Prevention of Corruption Act, 1988: c ss. 7 and 13(1)(d) rlw. s. 13(2) - Prosecution under rlw s. 1208 /PC - Demand and acceptance of bribe - Trap - Seizure of tainted…
Supreme Court of India13 Jan 2012Full text
2012 INSC 25 · [2012] 1 S.C.R. 246
OM PRAKASH ASATI v. STATE OF U.P. & ORS. 247 Water Supply and Sewerage Act was enacted. The said A enactment resulted in the creation of the Uttar Pradesh Jal Nigam. In 1976, the services of the petitioner came to be allocated to the Jal Nigam, where the petitioner was absorbed against the post of Assistant Engineer, o…
Supreme Court of India25 May 2012Full text
2012 INSC 249 · [2012] 6 S.C.R. 148
According to the prosecution case, appellant F committed rape on PW 1. FIR was lodged. PW 1-prosecutrix was medically examined. Her statement was recorded under Section 164 Cr.P.C. before the Magistrate. The trial court convicted the appellant under Section 376 IPC and imposed rigorous imprisonment for a period of G se…
Supreme Court of India25 May 2012Full text
2012 INSC 248 · [2012] 6 S.C.R. 128
One 'P' and others whose names had figured in the select list but were not appointed had filed OA before the Chandigarh Bench of the tribunal. The tribunal had D allowed the OA directing the competent authorify to issue appointment letters to them. The competent authority instead of appointing P and others against the …
Supreme Court of India24 May 2012Full text
2012 INSC 247 · [2012] 6 S.C.R. 105
In appeal to this Court, the appellants contended that D no recovery could have been made from them as 'G' had left huge movable/ immovable properties and other livestocks which could satisfy the demand of the bank loan; that more so, there were two guarantors and father of the appellants was not the only guarantor and…
Supreme Court of India23 May 2012Full text
2012 INSC 246 · [2012] 6 S.C.R. 98
S.P. Singh, Sushma Suri, B. Sunita Rao, D.S. Mahara for the Appellants. D The Order of the Court was delivered ORDER 1. This appeal has been preferred against the impugned E judgment and order dated 23.5.2006 passed by the High Court of Judicature at Allahabad in C.M.W.P. No.28535 of 2006 directing the appellants herei…
Supreme Court of India22 May 2012Full text
2012 INSC 245 · [2012] 6 S.C.R. 75
- The whole thing was buttressed on the edifice of fraud - The impugned judgments and decrees are set aside - As a natural corollary, the judgment and decree dated 27. 11. 1973 is also 75 H 76 SUPREME COURT REPORTS [2012] 6 S.C.R. A set aside - Code of Civil Procedure, 1908 - 0.10, r. 1 and 0. 15, r. 1. DEEDS AND DOCUM…
Supreme Court of India22 May 2012Full text
2012 INSC 244 · [2012] 6 S.C.R. 62
Appeal: Appeal against acquittal - Scope of interference F - Held: The appellate court can interfere with the order of the acquittal only in exceptional cases where there are compelling circumstances and the judgment in appeal is found to be perverse - The appellate court should bear in mind the presumption of innocenc…
Supreme Court of India21 May 2012Full text
2012 INSC 243 · [2012] 6 S.C.R. 688
Criminal Trial - Benefit of doubt - Held: The doubt should be reasonable based upon reason and common sense and not an imaginary, trivial or merely possible doubt - The duty of the court is to ensure that miscarriage of justice is avoided. F Witness - Hostile witness - Evidentiary value - Held: Evidence of hostile witn…
Supreme Court of India21 May 2012Full text
2012 INSC 242 · [2012] 6 S.C.R. 34
[2012] 6 S.C.R. 34 A UNION OF INDIA AND OTHERS v. S. SRINIVASAN (Civil Appeal No. 3185 of 2005) MAY 21, 2012B [DR. 8.5. CHAUHAN AND DIPAK MISRA, JJ.] Foreign Exchange Management Act, 1999 - ss. 21(1}(b}, 2(s), 46 - Appellate Tribunal for Foreign Exchange C (Recruitment, Salary and Allowances and other Conditions of Ser…
Supreme Court of India21 May 2012Full text
2012 INSC 241 · [2012] 6 S.C.R. 18
STATE OF RAJASTHAN v. DARSHAN SINGH @ 19 DARSHAN LAL interfere with the order of acquittal where there are compe/ling A circumstances and the judgment under appeal is found to be perverse - Appellate court should bear in mind the presumption of innocence of the accused and further that the trial court's acquittal bolst…
Also on Law on Tips: Bare Acts · Legal news and analysis